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Forrey, Wayne CUP Sr. Centerr.. a WILLIAM G. BERG, 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 ff COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, EDAHO $3U2 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. CORREE 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: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a senior citizen boardina. lodaina complex BY: Wayne & Karen Forrey LOCATION OF PROPERTY OR PROJECT:_ East Pine Street near Locust Grove Road nae Inlanl.R0N. P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, 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 & 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: RECEIVED J o, N 1 6 1996 CITY OF MERIDIAN Wayne S. F©rrey, Ap -.h.n Pianr�er and Det�lopr.�e;� Anal, �: 3045 Thayen Place — Boise, Idaho 83709 Telephone 362-9345 • Fax 362-9416 12 January 1996 Mayor Robert Corrie City of Meridian 33 E. Idaho Ave. - Meridian, ID 83642 Dear Mayor Corrie: Enclosed with this letter is our application for a Conditional Use Permit to construct a High Quality Senior Citizen Boarding and Lodging Complex in Meridian. We have been working on this for several months and looking forward to the day when we could submit our Conditional Use Permit application package. We have been working closely with various senior citizens in Meridian to develop the type of project that is so badly needed in our community. We look forward to working with you on this project. Please call if you have any questions. - Respectfully, Wayne S. Forrey, AICP g<es �:;'; Member: American Instive of Certified Planners - �,rneucar, Plarn ng Association - Icsi:u Planning AssoCiatbn JAN 12 '96 08:18 FRWY OF MERIDIAN 208 88? 4813 0629416 P. 01.07 NAME: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT S • >Z v e� L, (-C PHONE: ADDRESS:.-3DqS t�Vevk POCQ—, Mods?, r-10. f37017 GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: (z> dp,,v-6e n Q �r�14 ZONING CLASSIFICATION: -DAjU44n 0') PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30 copies). Signature of pplicant 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 �' VGt" I l R __ at g. rn. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by UPJ M4 K S, F,l I -j for the property generally described as located at 6yc� 060 c.e,Q, _� LZ . -7 5- ccCv;i s &a -PA ev SUBDIVISION, BLOCK LOT TO 'A'�� a kic-y- e�� Zt, v1 �0ctrcQu+�rg rt 4P '�"�`K5 6AAA a S CLL k WJ5Cc4A C e w n/ -sSA {" .. 0 s INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION OF WAYNE S. FORREY AND KAREN L. FORREY 1. Name, address and phone number of applicant. Wayne S. Forrey Karen L. Forrey 3045 Thayen Place Boise, ID 83709 (280) 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 3. Legal description of property. See attached description and map. 4. Proof of ownership of subject property (warranty deed). See attached Affidavit of Record Owner and Legal Interest. 5. Description of existing use. The property is annexed into the City as "I" 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 is growing well. None of the old outbuildings are in use. Wayne S. and Karen L. Forrey are purchasing the west 12.75 acres of the Bedelco, Inc., property_ 7. Proposed use of the subject property._ A 12.75 acre Business and Living Center. Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as "P" permitted in City Zoning Code 2-409. 0 0 S. The District (present zoning) that pertains to the subject property. The 12.75 acre parcel is zoned industrial "I". 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300'). 30 copies delivered to the City of Meridian. 10. Characteristics of subject property which make a conditional use desirable. Residential properties border the site on the North, East and West. The neighbors want residential development along Pine Street. We have designed the park to locate business uses away from Pine Street and away from the residential subdivisions along Pine Street. The business uses will be located next to the railroad tracks. The Senior Citizens Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. 11. A listing of mailing addresses of all property owners (from authentic tax records of Ada County who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use. See attached. 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 eachof he � property owners within 300 feet of the site = $275 + ' �,) =$ 698-6033• o&) 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, commercial or industrial. Conditional Use Permit Additional Information — Page 2 9 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 - Ntayne S. Forrey Witness J elle D.San rd t -0- qVI Date Date Conditional Use Permit Additional Information — Page 3 n U LEGAL DESCRIPTION FOR BEWS & 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, Ada County, Idaho, more particularly described as follows: Beginning at the northeast corner of the SE 1/4 (the east 1/4 corner) of Section 7, T.3N., R.1 E., B. M.; Thence S 89033'52" 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 89033'52" 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 00026'08" 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 24034'12" E 3.37 feet to a point; Thence S 21'48'50" E 110.70 feet along said centerline to a point; 940618 1 NOV-30-1995 17 22 FROP TO 3629416 P.02 i Thence S 15°19'08" E 54.30'feet along said centerline to a point of curvature; Thence �outheasteriy 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' f 01'47'27" and a chord which bears S 14025'25" E 6.25 feet to the Real Point of Beginning of this desccriptic n; j' Said parcel of land containing 12.75 acres, more or less. Said pard 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 find, and its subject to change. LANA Michael E. Marks, L.S. - No. 4998 I 2 400 600 ml- I Le! %I oesCol I q LOCUST GROVE ROAD Fy t, S 89' 54' 09" E 662.35 — ------------- -- 1/4 CORNER 1 1 1 Ln N 1 N 1 N 1 PARCEL 2 18.77 ACRES N 1 O 1 O (n 1 1 662.00 N 88' 37' 27" W W z P-4 �Z 0 0 c c I R Q � 0 z W REVISION \DATE SHEET EDBURT Z 0 ga W Wic N jj F-4 114 m 2i � p fN r W z P-4 �Z 0 0 c c I R Q � 0 z W REVISION \DATE SHEET EDBURT H �I �0 W F-4 114 p �z ul A Mo Z F- co Q w W z P-4 �Z 0 0 c c I R Q � 0 z W REVISION \DATE SHEET EDBURT i SCALE IN Ff 2o a 2 N 89' 33' 52" E Q E. PINE STREET N 89' 33' 52" E Mcm :. Do m 19:113 220.00 S 0° 26' 08" E OT A PAR N 000 26' 08" W 50.63 S 21 ° 48' 50" E 225.00 1 10.70 cv ' S ° 19' 08" E v N 890 33' 52" E o 30 160.24 001 W co PARCEL 1A w PARCEL 1 B 0 12.75 ACRES n; a, 22.93 ACRES N i N N O, ol Z � Z ---46 ., 7 861 _63 ------------ 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 N d- r - 7 18 AFFIDAVIT OF LEGA. INTERST 1, E. L. Bews, an individual, do heresy certify that Bedelco, Inc., is the record c vnei of the land near the intersection ofP1ne Street and Locust Grove Road, Ilefierally South of i'irLu StICCt and West of Locust Grove Road. 1. Wayne S. Forret', AICP, has agreed to purchase this property fironi Bedelco. 2. 1 also hereby state that Bedelco, Inc., does not obiect to Wayne S. Forrey, / I(T, submitting the accompanying application pertaining to that property. Dated this �"y_ day of 221qe� 1995 13y: *L.B . STATE OF IDAHO ) )ss County oi' Ada ) ON THIS la— day of �C —_, I�)`l� , before Ille a I101a(, I)LJbliC la and 1101- said olsaid State, personally appeared �� „ known to nie to be the Person(s) whose name(s) are subscribed to tiie witiiiii liiNiCufilefit, aiiu w-Knowled ed to nie that ` executed the same. IN WITNESS WHEREOF, I have hereunto set fiiy hand and atlixed n y olliciai seal dle day and year first above written. (\ %j Notaiy btic for Idaho *••ELI••••'•,, 2 %�..•• • Residlnq' at �Oti �cir�L1 �r ••• • • , • °' M Coniiiiission Expires �1�r11`1"� - • t' p :o o cof>j oF Ulm- +o G'rl�j � vV1Q,�rid�av� daY;a9 ta9�/ Zee ckf.t�ulA�. ; FIRIC MIJ1 ,1 114:11111 _V : I, E. L. Bews, an individual, do hereby certify that Bedelco Inc. is the record owner of the land at the intersection of Pine Street and Locust Grove Road in an application for Zoning Change being submitted to the City of Meridian for consideration. I further state that I hereby officially request a change of zone of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with.the City of Meridian have been made. Dated this 62 da of , 1994 By: E. STATE OF IDAHO ) ) ss. County of Ada ) ON THIS _ day of , 19,before me a notary public in and for said State, personally appeared G-. L, 13c LJ 5 known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that A e executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires , 19-W cop� w ylt r C r{� f f� r�o c/ Apo("fib FAot cl it c�' RESOLVED, That with respect to any contract obligations of the corporation, entered into by written document, the said W. Burton Smith shall execute the same as President and the said E. L. Bews shall attest the same as Secretary. Upon motion duly made, seconded and unanimously carried, the foregoing resolution was adopted. There being no further business to come before the meeting, the same was adjourned. E. Bews, Secretary APPROVED: W. Burton Smith,+ President We, the undersigned, being all of the directors and incor- proators of Bedelco, Inc., a corporation, having read the foregoing minutes of the first meeting of such directors, do hereby approve, ratify and confirm all that occurred at said meeting. WITNESS our hands this 1st day of July, 1970. W. Burton Smith MINUTES, FIRST DIRECTORS MEETING, Page 7. 7-1-70 _ • 7 �14 dQlll -Ar I� � '►III > ' .� .I � � SII I, p •.< i. ;1111cn Ill ;I: I i U �-- 11 , II � Incl � 1 ------ • d`dOti. ►"�{ ; 3AOHO 1Sf170� ,I j z .Z 1 Q Z _z J ,(t1M�3&3H3N0_1S.,N N - dQlll -Ar I� � '►III > ' .� .I � � SII I, p •.< i. ;1111cn Ill ;I: I i U �-- 11 , II � Incl � 1 ------ • d`dOti. ►"�{ ; 3AOHO 1Sf170� ,I j z .Z 1 i `..�•� f.. j LU _ 111 Fcc - - w - t ;,� --- Q f• ! ;�.. �. O, �� rf i i _ =" + [-if j •+ - 1, lei } � ��i {j;. I� , 3 i , LI :� -'f�1 • ti�� <� � 1 ~ — �' . s � �— �( � � . A �" + N., n_ ... 't -_ ,. yam.: i� � �"iY� �1' � �� .��.^ .... F� �^ sµ ,y�� / � .�s?. $ �'i N' � i. .kF +! ! Alter . ,� 3 ., w -ac,, =. ,� z � `,� k. r� '. - ,� ;� .,.w.,� ._�.... i tom, } .'t k � . - 4 � i e � �i�L^�4' � _ � _ = y. '� � f,. � .. .}��S� �?y- iia i.j�� .� . r � � .. i � P c,y :� S. Y � , :Y'., _ �. .,. , ,. ., :.. tK. �,. .... _ .._ -m.r+ ., .:-, -:-. :.t5µay;3;q'�if::9L1?�"� p*+a i• ,...., .h�;^�� , ids "`',- ,,�, � �4� a. �. ;' �,� d. ' T .�� ..s r �s,� z _ .. i 300' People for Pine Street Property R1724180010 Troy & Tawnee Palmer 1040 E. Pine St. Meridian, ID 83642 R1724180020 Michael & Stacia Kettner 934 N. Stonehenge Way Meridian, ID 83642 R1724180030 Darren & Doris Haskin 950 N. Stonehenge Way Meridian, ID 83642 R1724180040 Derk & Lisa Heiner 978 N. Stonehenge Way Meridian, ID 83642 R1724180130 Travis D. Morris & Cole D. Morris 911 N. Stonehenge Way Meridian, ID 83642 R1724180140 Scott Catlett 925 N. Stonehenge Meridian, ID 83642 R1724180150 Andrew & Brandi Wonacott 947 N. Stonehenge Way Meridian, ID 83642 R1724180160 Damian Wade & Nicole Sower 981 N. Stonehenge Way Meridian, ID 83642 R1724200090 Mark & Catherine Remely 1018 N. Killdare PI. Meridian, ID 83642 R1724200250 Jeffrey & Melissa Powers 1009 N. Killdare PI. Meridian, ID 83642 R2039250710 Michelle A. Waddell 1130 E. Bannock Boise, ID 83712 R2039250720 R5512710130 Jeffrey M Franklin & Joan M Meitl Jeff & Elizabeth Booth 1110 E. Bannock St. 910 N. Scrivner Way Boise, ID 83712 Meridian, ID 83642 R2039260754 R5512710140 Steven G. Gregory Jeff Scarpella Richard & Mary Scrivner 922 N. Scrivner Way 6161 Willowdale PI. Meridian, ID 83642 Boise, ID 83714 R5512710150 R2039261300 Sheleen Banks Opal Farrington Trust 938 N. Scrivner Way 1180 E. Pine Meridian, ID 83642 Meridian, ID 83642 R5512710160 R5512710010 Kevin & Barbara Bailey Dean & Sandra Michalscheck 946 N. Scrivner Way 1350 E. Pine Ave. Meridian, ID 83642 Meridian, ID 83642 R5512710170 R5512710020 James P & Brenda L Cheryl A. Czarnecki Vandecoevering 907 N. Ralstin PI. 960 N. Scrivner Way Meridian, ID 83642 Meridian, ID 83642 R5512710030 85512710180 Michael A. Purdy Barbara J. Olson 931 N. Ralstin PI. 988 N. Scrivner Way Meridian, ID 83642 Meridian, ID 83642 R5512710040 R6576000728 Clinton I. Wageman Paul McKague 953 N. Ralstin PI. 931 E. Pine Meridian, ID 83642 Meridian, ID 83642 R5512710050 R6576000744 Richard M. Mitchell Paul & Shirley McKague 975 N. Ralstin PI. 110 E. 1st Meridian, ID 83642 Meridian, ID 83642 R5512710060 R6576000805 Nickie D. Meatte Gerald & Shirley Peterson 989 N. Ralstin Pl. 935 E. Pine Meridian, ID 83642 Meridian, ID 83642 R5512710090 R6576000934 Cherie R. Olson Charlotte M. Low 951 N. Scrivner Way 1825 Kentucky NE Meridian, ID 83642 Albuquerque, NM 87110 R5512710100 R6576000938 Lance & Carol Nickerson Pau & Shirley McKague 973 N. Scrivner Way 933 E. Pine Meridian, ID 83642 Meridian, ID 83642 air R6576000950 Gerald R. & Shirley Peterson 935 E. Pine Meridian, ID 83642 R6576001380 William & Valynne Humphrey 939 E. Pine Ave. Meridian, ID 83642 S1107131700 Dwight & Jackie Spangler Co - Trustees 11770 Goldenrod Boise, ID 83704 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 S1108325400 Yanke/Tricon LLC P.O. Box 5405 Boise, ID 83705 S1108336000 Madden Family Trust Ralph & Nola Madden Trustees 1620 E. Franklin Rd. Meridian, ID 83642 All I EVER Z2 C - 'i'Mr Jams 1 's a ,ICI-.�"� , 41 0 H 0 v v o H b v o 0 0 o 3 f� U ai a� ♦+ cli v c 0 U ai � 00 a co w C� L .-i CV b 3 3 w .� 9 1 o0 U 1 , N rig U -f: v o H b 4; o 0 0 o 3 U ♦+ cli A w � 00 a co w O .-i CV M Maintenance Residence 1. Architectural Style and Design - Contemporary Victorian 2. Color - Sandtone Brown with White Trim 3. Roof - Firehalt Shingles - Weathered Wood 4. Siding -Painted Wood S. Construction - Wood Frame, Concrete, Brick, Stucco Trims Y, r 132.67 45' ROW _tx Line _ of Sonet T South meheng Wayt4; Streel cffust L --—Pine Street--��'__._ I Business and �Living 0 12.75 ACRE CAMPLLq Wayne S. Forrey, AA Urban Planner and Development Analyst 3045 Thayen Place — Boise, Idaho 83709 Telephone 362-9345 Fax 362-9416 Comprehensive Planning / City & Regional Plan Updates 12 January 1996 Citizen Participation Community Relations Economic Mayor Robert Corrie 'rowth City of Meridian Management . 33 E. Idaho Ave. Plan Implementation Meridian, ID 83642 Zoning, Annexation & Development Dear Mayor Corrie: Ordinances Code Analysis Enclosed with this letter is our application for a Conditional Use Permit to construct a High Quality Senior Citizen Boarding and Lodging Complex in Meridian. We Land have been working on this or several months to the da when we g fl ths and looking fy Development Planning & could submit our Conditional Use Permit application package. Negotiations Infrastructure We have been working closely with various senior citizens in Meridian to develop Planning the type of project that is so badly needed in our community. We look forward to Revitalization working with you on this project. Please call if you have any questions. Plans Economic Development Community Respectfully, Development " ��..1" Finance Analysis Wayne S. Forrey, AICP Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Hanning Services to Cities & Counties Q1 Member: American Institute of Certified Planners - American Planning Association - Idaho Planning Association JAN 12 196 08:13 FR C0 OF MERIDIAN 208 887 4813 TC*29416 NAME: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT F. 01/07 V L • PHONE: v - S ADDRESS: oyS -i�aV evk , L SID 37 �9 GENERAL LOCATION:o�c t�l hQ S-IY. >tK-v S fv� DESCRIPTION OF PROPOSED CONDITIONAL USE: .I , V5 Sn +-H i q ZONING CLASSIFICATION: -AtJUA-t o. PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30 copies). Af Signature of Applicant 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 Tva w, IRR _ at 9.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by UJ M1 Li=S 1W.(j for the property generally described as located at jeid-4- Y�2clu-t Sf � Pap u A 1'Z • 7 S cccf.,2 s A�k && C\(\k' � SUBDIVISION, BLOCK -, LOT TO OJ�f P a Vvlgk1 ��n stwtor C ��iztV1 �DoGtrawv� 0 • INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION OF WAYNE S. FORREY AND KAREN L. FORREY 1. Name, address and phone number of applicant. Wayne S. Forrey Karen L. Forrey 3045 Thayen Place Boise, ID 83709 (280) 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 3. Legal description of property. See attached description and map. 4. Proof of ownership of subject property (warranty deed). See attached Affidavit of Record Owner and Legal Interest. 5. Description of existing use. The property is annexed into the City as "I" 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 is growing well. None of the old outbuildings are in use. Wayne S. and Karen L. Forrey are purchasing the west 12.75 acres of the Bedelco, Inc., property. 7. Proposed use of the subject property. A 12.75 acre Business and Living Center. Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as "P" permitted in City Zoning Code 2-409. 0 0 8. The District (present zoning) that pertains to the subject property. The 12.75 acre parcel is zoned industrial "I". 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300'). 30 copies delivered to the City of Meridian. 10. Characteristics of subject property which make a conditional use desirable. Residential properties border the site on the North, East and West. The neighbors want residential development along Pine Street. We have designed the park to locate business uses away from Pine Street and away from the residential subdivisions along Pine Street. The business uses will be located next to the railroad tracks. The Senior Citizens Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. 11. A listing of mailing addresses of all property owners (from authentic tax records of Ada County who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use. See attached. 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 he property owners within 300 feet of the site= $275 + !� _ $AAn90 3*, O(P 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, commercial or industrial. Conditional Use Permit Additional Information — Page 2 0 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 - Xtayne S. Forrey Witness LIiv s Sar4rd 1-0- s�( kA- Date /oZ Wi (, Date Conditional Use Permit Additional Information — Page 3 5 LEGAL DESCRIPTION FOR BEWS & 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, Ada County, Idaho, more particularly described as follows: Beginning at the northeast corner of the SE 1/4 (the east 1/4 comer) 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 89033'52" E 414.86 feet along the north line of the NE 1/4 of the SE 1/4 to a point; Thence S 00026'08" 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 21048'50" E 110.70 feet along said centerline to a point; 940618 1 NOV-30-1995 17 22 FROM TO • 3629416 P.02 The: nce S 15°19'0$" 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 at, 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 140;25'25" E 6.25 feet to the Real Point of Beginning of this de�cripti�rt; i Said parcel of land containing 12.75 acres, more or less. Saidparcel of lend 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 41d, 'ani its subject to change, f M'chaei E. Marks; L.S. - No. 4998 i { K 400 600 'EET I q LOCUST GROVE ROAD I S 899 54' 09'E____ 35 — 1/4 CORNER A , 1 , N N � N 0 0 i lo PARCEL 2 `' `V 18.77 ACRES v Ln 0 r-, � N 662.00 0 N 88' 37' 27" W .4IM fid~- G N. w z P4 4 • I NQ P .o 0 ILII LI 2 .. REVISION \DATE SHEET EDBURT "1 N 89' 33' 52" E ENERIT01 10 SCALE IN FEE CE E. PINE STREET N 89' 33' 52" E 688.97 ---------------- 220.00 ITTV,* 26' 08" E � 50.63 OT A PAR N 000 26' 08" W S 210 48' 50" E 225.00 110.70 S A' 1910811 E � N 89' 334 52" E 0 30 160.2 co Q , 0 W PARCEL 1A w PARCEL 1 B o 12.75 ACRES 22.93 ACRES w w L to N �Cj O l Oi Z z 6�j 861.63 N F8' 371 27 0000 N OREGON SHORT LINE RAILROAD CURVE DELTA RADIUS ARC CHORD TANGENT CHORD BRG �c 1 5'30'43" 35.00 3.37 3.37 1.68 N 24' 34' 12" W 7 2 1 ' 47'27" 200.00 6.25 6.25 3.13 S 14'2525" E 18 0 AFFIDAVIT OF LEGAL. INTERST 1, E. L. Bews, an individual, do hereby certify that Bedelco, Inc., is the record owner ofthe land near the intersection of Pine Street and Locust Grove Road, generally South of Pine Strect and West of Locust Grove Road. 1. Wayne S. Forrey, AICD, has agreed to purchase this property from Bedelco. 2. I also hereby state that Bedelco, Inc., does not object to Wayne S. Forrey, AICD, submitting the accompanying application pertaining to that property. Dated this �!��/_ day of 20� , 1995 By: *L..B STATE OF IDAHO ) )ss County of Ada ) ON THIS ))— day of n IWI , before me a notary public in and for said State, personally appeared _ _ _ known to me to be the person(s) whose iiame(s) are subscribed to the within instr uinent, and acknowiedged to nle that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and atlixed illy otlicial seal the day and year first above written. Notary �for o '•'•.••*••ELI2��'•..,, Residing at of > kc4" ay .• + •.S ; • My Commission Expires -S o\'Nr\ rn : ,� • y 2 ••., 9y •Geese cd� cop� w " pm*ct "mt�rijii ; f ��3 _r p Ir RECORD WN ► AFFIDAVIT CHANGE OF ZONE REQUEST AFFIDAVIT POSTING AFFIDAVIT D I, E. L. Bews, an individual, do hereby certify that Bedelco Inc. is the record owner of the land at the intersection of Pine Street and Locust Grove Road in an application for Zoning Change being submitted to the City of Meridian for consideration. I further state that I hereby officially request a change of zone of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this da of , 1994 By: E. STATE OF IDAHO ) ss. County of Ada ) ON THISday of , 19� before me a notary public in and for said State, personally appeared e. fZ, r3e wy s known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that /,t a executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires 1994/ NlyiqUigy Bond Expires V , 19 - Residing at Idaho i• A* A y RESOLVED, That with respect to any contract or obligations of the corporation, entered into by written document, the said W. Burton Smith shall execute the same as President and the said E. L. Bews shall attest the same as Secretary. Upon motion duly made, seconded and unanimously carried, the foregoing resolution was adopted. There being no further business to come before the meeting, the same was adjourned. 61 wct__ E. Bews, Secretary APPROVED: W. Burton Smith, President We, the undersigned, being all of the directors and incor- proators of Bedelco, Inc., a corporation, having read the foregoing minutes of the first meeting of such directors, do hereby approve, ratify and confirm all that occurred at said meeting. WITNESS our hands this lst day of July, 1970. W. Burton Smith MINUTES, FIRST DIRECTORS MEETING, Page 7. 7-1-70 • 0 • z 916s, z coil I I 1 it v/ I . Ol TTT 'TI 3AOUD isnom a� Sr II 11 cc L LU LJ Lu wl. _ I. I OfIr ftol I I few 300' People for Pine Street Property R1724180010 R2039250720 R5512710130 Troy & Tawnee Palmer Jeffrey M Franklin & Joan M Meitl Jeff & Elizabeth Booth 1040 E. Pine St. 1110 E. Bannock St. 910 N. Scrivner Way Meridian, ID 83642 Boise, ID 83712 Meridian, ID 83642 R1724180020 R2039260754 R5512710140 Michael & Stacia Kettner Steven G. Gregory Jeff Scarpella 934 N. Stonehenge Way Richard & Mary Scrivner 922 N. Scrivner Way Meridian, ID 83642 6161 Willowdale PI. Meridian, ID 83642 Boise, ID 83714 R1724180030 R5512710150 Darren & Doris Haskin R2039261300 Sheleen Banks 950 N. Stonehenge Way Opal Farrington Trust 938 N. Scrivner Way Meridian, ID 83642 1180 E. pine Meridian, ID 83642 Meridian, ID 83642 R1724180040 R5512710160 Derk & Lisa Heiner R5512710010 Kevin & Barbara Bailey 978 N. Stonehenge Way Dean & Sandra Michalscheck 946 N. Scrivner Way Meridian, ID 83642 1350 E. Pine Ave. Meridian, ID 83642 Meridian, ID 83642 R1724180130 R5512710170 Travis D. Morris & Cole D. Morris R5512710020 James P & Brenda L 911 N. Stonehenge Way Cheryl A. Czarnecki Vandecoevering Meridian, ID 83642 907 N. Ralstin Pl. 960 N. Scrivner Way Meridian, ID 83642 Meridian, ID 83642 R1724180140 Scott Catlett 85512710030 R5512710180 925 N. Stonehenge Michael A. Purdy Barbara J. Olson Meridian, ID 83642 931 N. Ralstin PI. 988 N. Scrivner Way Meridian, ID 83642 Meridian, ID 83642 R1724180150 Andrew & Brandi Wonacott R5512710040 R6576000728 947 N. Stonehenge Way Clinton I. Wageman Paul McKague Meridian, ID 83642 953 N. Ralstin PI. 931 E. Pine Meridian, ID 83642 Meridian, ID 83642 R1724180160 Damian Wade & Nicole Sower R5512710050 R6576000744 981 N. Stonehenge Way Richard M. Mitchell Paul & Shirley McKague Meridian, ID 83642 975 N. Ralstin Pl. 110 E. 1st Meridian, ID 83642 Meridian, ID 83642 R1724200090 Mark & Catherine Remely R5512710060 R6576000805 1018 N. Killdare PI. Nickie D. Meatte Gerald & Shirley Peterson Meridian, ID 83642 989 N. Ralstin PI. 935 E. Pine Meridian, ID 83642 Meridian, ID 83642 R1724200250 Jeffrey & Melissa Powers R5512710090 R6576000934 1009 N. Killdare PI. Cherie R. Olson Charlotte M. Low Meridian, ID 83642 951 N. Scrivner Way 1825 Kentucky NE Meridian, ID 83642 Albuquerque, NM 87110 R2039250710 Michelle A. Waddell R5512710100 R6576000938 1130 E. Bannock Lance & Carol Nickerson Pau & Shirley McKague Boise, ID 83712 973 N. Scrivner Way 933 E. Pine Meridian, ID 83642 Meridian, ID 83642 3: f " R6576000950 Gerald R. & Shirley Peterson 935 E. Pine Meridian, ID 83642 R6576001380 William & Valynne Humphrey 939 E. Pine Ave. Meridian, ID 83642 S1107131700 Dwight & Jackie Spangler Co - Trustees 11770 Goldenrod Boise, ID 83704 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 S1108325400 Yanke/Tricon LLC P.O. Box 5405 Boise, ID 83705 S1108336000 Madden Family Trust Ralph & Nola Madden Trustees 1620 E. Franklin Rd. Meridian, ID 83642 Maintenance Residence 1. Architectural Style and Design - Contemporary Victorian 2. Color - Sandtone Brown with White Trim 3. Roof - Firehalt Shingles - Weathered Wood 4. Siding - Painted Wood 5. Construction - Wood Frame, Concrete, Brick, Stucco Trims III T0'30Ud 6b09 L8 ZS:TT 961 9T Ndt < H 1 T6 z 1 � N 1 c: C 1 fT-S'T 11ONEIiEq/ l I �+ I z I Qin J z c% N -RALS�TIN/•'Pt01 -• MOD — --wdY Cao Z .r /i e Ile (' LOROAD �� / LOCUST. GROVE : j„� _ _ s I mo. r • r I 1 111 • � �.�, 1 •+r.. C S hcb ` M 'N 3NOHd �(4)b6 _,M :0 Xvd ryL y� :M XV: 9fulOfl7MN did � � t - �, V'P � '_ 7/' 10 o�b /MgQ 4J/31vo D "5 �1 /jb�y'� wow `°i r 1„ 100'd 0A S 2 N A V M W 0 � A k, • • PFMR02PUB 95 N E W M A S T E R U P D A T E STEWART 1/16/96 Parcel 51107417210 Code Area 03 Type Qty Value ACTIVE Name BEDELCO INC 010 33.050 25702 Data From 190 5.950 Master Buyer Bank Code C/O Lien Code Address 9530 HALSTEAD DR PrePaid L.I.D. BOISE ID Bankrupt £33704 - 0000 Sub.Code Anexation Last Change : 94/08/04 By : ASR2_ALLEN From: Total 25702 Entity Legal PAR #7210 OF NE4SE4 SEC 7 3N 1E Exemption #94066997 Grp 000 Typ 000 Ap M3N1E0077210 3N 1E 07 Hardship Property Zoning I-L Flag Address 01125 E PINE AVE MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax Order No. 94066997 STEWART TITLE the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: That certain real property more particularly described upon :"Exhibit A" attached hereto, which said "Exhibit A" is by this reference incorporated herein and made a part hereof. TO HAVE AND TO HOLD the said premises. with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee sample of said premises; that said premises are free from ail encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations. restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and cayable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: July 14, 1994. BEWS & SMITH, an Idaho General Partnershi , By: /KJ..... W. BURTON SMITH, Partner By: E. S, Partner ACKNOWLEDGMENT - Partnership STATE OF IDAHO Count• of ADA —Iss. On this 14th day of July imthe year of 1994 _, before me Nita' L. Wilson _ , a notary public, persof al)y Wear W. BURTON SMITH AND E. L. BEWS, known all of the partners in a partnership, of _BEWS & SMITH, and ( *fftmoqr on f{te partners who subscribed said partnership name to the foregoing instni'm P�nd aA ed to me that he exec the arae i aid part hip name. 41 C Notary Public: O .� �fDAj{Q �.•`Residing at: Boise, Idaho • ..I III,.0, My Corgi. Expires: 3/14/99 IL V 1 L 11 A.Ltl It t11JL. Vl 1AlAl1 V' illli• Lx CJ C r •r C••rr.e • t ORDER NO. 940499551*/NW EXHIBIT "Au PARCEL I The West 1/2 of the Northwest 1/4 of the Southwest 1/4, Section 8, Township 3 North,; Range 1 East, Boise Meridian, Ada County, Idaho Except ,that -portion lying 'within the following described .,property, conveyed to Idaho Central Railway. Company described in ' Deed. recorded: July 25,` 1887 in Book 12 of Deeds at Page 440 records -.of Ada County, Idaho.' More particularly described as follows`. Beginning at the Southwestcorner of the Northeast 1/4 of the Southeast of Section 7, Township, 3 North, Range 1 East and running thence with the subdivisional line East 3,980 feet to the Southeast corner of the Northeast 1/4, of. the Southwest 1/4 of Section 8; thence North 38 feet to the Northern line of the right of way of the, Idaho Central Railway; thence with said line North 88 degrees 18' West 3,980 feet; thence South 137.5 feet to THE PLACE OF BEGINNING. PARCEL II The Northeast 1/4 of the Southeast 1/4, Section 7, Township 3 North," Range 1 East, Boise Meridian, Ada County,.Idaho; EXCEPTING THEREFROM, a parcel of land being a portion of ,the East'1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 7, Township 3 -North, Range 1 East,, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the said Northeast' 1/4 of the Southeast 1/4 of Section 7; thence South 89 degrees 33152" West 688.97 feet along the Northerly boundary of the said Northeast 1/4 of the Southeast 1/4 of Section 7, which is also the centerline of East` Pine Street, to an iron pin, also said, point being THE REAL POINT OF BEGINNING; thence continuing South 89 degrees 33152" West 220.00 feet along the said Northerly boundary of the Northeast 1/4 of the, Southeast 1/4 of Section 7 to an iron pin; thence South 0 degrees 26108" East 50.64 feet to a point of beginning of curve on the centerline of Snyder Drain; -1- AWL mw Continuation of Exhibit A Order No. ST-94049955 LF/NW thence Southeasterly, along the said centerline of ' SnyderDrainalong a curve to the right 3.37 feet, said curve having a central angle of,5 degrees `30143", a radius of35`.00 feet,:tangents"of 1.68 feet and a long chord of 3.37 feet bearing, South 24 degrees 34'11" East to a point 'of'tangent;' thence" South 21 degrees 48',50" East 110.70 feet along the said centerline of the Snyder, Drain to a point;`.thence South'15 degrees 19'08" East 64.30 feet along the said centerline of the Snyder Drain to a pointof curve; thence Southeasterly along the said centerline of Snyder Drain along a curve to.the right 6.25 feet,' said curve having a central angel of l degrees' 4712711, a radius of 200.00 feet, tangents of 3.13 feet and a long chord of 6.25 feet bearing South 14 degrees 25124" East to a point of ending of curve; thence North 89 degrees 3315211 East 160.24feet along aline 225.00 feet Southerly of and parallel to the said Northerly boundary of the Northeast 1/4 of the Southeast 1/4 of Section 7 to an iron pin; thence North 0 degrees 26108" West 225.00 feet to THE POINT OF BEGINNING. AND FURTHER EXCEPTING that portion lying within the 'following described property, conveyed to Idaho Central Railway Company described in Deed recorded July 25, 3.887 in Book 3.2 of Deeds at Page 440 records of Ada County, Idaho. More particularly described as follows: Beginning at the Southwest corner of the Northeast 1/4 of the Southeast of Section 7, Township 3 North,- Range 1 East and running thence with the subdivisional line East 3,980 feet to the Southeast corner of the Northeast 1/4 of the 'Southwest 1/4 of Section 8; `thence North 38 feet to the Northern -line of the right of way of. the Idaho Central Railway; thence with said line North 88 degrees 18' West 3,980 feet; thence South 137.5 feet to THE PLACE OF BEGINNING. ^2_ WARHAM.tl f:C,f 01-L I'lMl IlAd her coni' WILLIAM it, slava R. with hip 9019i fv do het0y Frani, hvssln, rt!Ous Whohot Consifiting of 14. Sur Adn Y I 14a a cornet addren 11 S20(' The of tht Ilq C)l the thwest 1/4, ralit, -,,toe P1,z1C1J:*n, Togethe- I,jth oil and cliTiguiar and arl" i-Onanc-00 a ra J lroad bounds7, t)t tti" sbote d subject an etsxiat�n,a req r. lir above ribed V$r,Ce of ACIA COUPty Idaho, a married than ty 0 tTlH & BEWS, a Partn9r9hil) in ,nd EdwsTfl f - Be"&' 03704 fke_%orthwe9t 1/4 ip 3 North# Range 1101 hIeff,r1itp.ments r in anYwiqP the Southtrly Oi land$ III,, the 0 76 A 1; A div of OC Obt*r. 111 44 (tit W4 Slat*. JW'sLo'"Ally MC ft Sylyd"r, 11 wi�—*O Iii11a1n 1C. Snyder. tj -I IlkItIng withInan dem , liotrAwAdl, jLM IAit ed 9 I %q sow. they j out" lid �J rMsIdItis Ottill 011111". 911firpt kox 66. 10�-- -nitlr -%critil 10 ♦VO to tt %VE AN!' F& Ind J9,00"i IfIrry"t holdn,t+ir tin and 174". 1910. the -knid GralliVe 0 they fly - Ownersese;'! "ents tor the Year 1"mn all 1n(I'MbOTIC011; E%: -opt 12 it L 0111 t hey j. cictober tO, 0 0 76 A 1; A div of OC Obt*r. 111 44 (tit W4 Slat*. JW'sLo'"Ally MC ft Sylyd"r, 11 wi�—*O Iii11a1n 1C. Snyder. tj -I IlkItIng withInan dem , liotrAwAdl, jLM IAit ed 9 I %q sow. they j out" lid �J rMsIdItis Ottill 011111". 911firpt kox 66. 10�-- M ILI Of — -y- J. DAVID H,�VARSO REContil "10h7oli- 5 00 -91 SEP 4 Fn 2 39 I „VIA '-ARRk DEEI' Far -f btlk 4 Of 4 1 cc, and her son, dealing WWI t'iq 6 19 and 13fl. ,.etre rvorarfa hr •e! :IrFSIVI, sell If 1 Wflvey f-ounty, Tdahat of,niptit1t, of W. Ti,,j:tvn rl i th Or IIIc gronteeg whose curteiii aildf"s f 5206 60.1 ,t,. foltaWtr,o ,lea ribed Wettliqex, In j,.qmt 1/2 of the NorthweSt 1-14 the Of 0)q aoutf'vf'st 1/i? sectio, Be meri, TO-1--ther With &11 . Ind nuln, thO ten4bm— 4 anj Appurtenisheen therrs,,,I intgo bf-longiAg . Or taining?" Suh)f'ct to ahl exiitiny road rj-Iht-0f-w8Y bove dellctib@d F-!ari of leer ,,!. 0 7 IdAtit,, a riyried rian fl>rw�, � pn, ,,,r��,�,a.rrl 1ward L - jjq 8)?04 (,enemy Idaho, 14, wit liwest 1/4 ,)rth, PAng(I . herf-litarr"T"q -,nywi S! .. q Withi I% the pl. I To IIAVI AND TO HOLD tht said Wl"'; ;1-1 i t �q heirs and sisir, rorevet- A, jhj,%*;,f (;niitert; NA Ihn V% fr"t with (jIL 5, .6 bwl,- 3 Ion omple Fit ?qLI prctfll-C, Ili ,jl,, ,,,T0nttt ti,iot they ar assesr, 'nes for the y•,- 1970- from all Oxcept current k°r4f and that t 111Y will W4113"I $ME' dereod the rivill j Dsttdi V-tobi§r 20 4 X, _t_ ........... ijsy Y ar OUIM Or Atli in tiNy ni october, jo 78 1 ) , . r, publit it 0-4 for 01fill 34111”, PIP701711111117 lir G WOW, Vm W WilliAX m X. Snyder# a 9 A'1R A 'hub Apaling with ;tLCa mFR ,,,je is sole rAd separate pre.1 14 o l jWrW q %6 efs vibmrs at, 39 Aid W _ � I J4 Ji4 �r ; I , ,1 1 110M Nle u:wid' P nlld 1ls 1fM forever. Iha1 they are r egl 4ept cur[etl' vers:wnf lurid defend 11, 1, 19'i8 1 rlr Ada octc,k!Ier, la aid MMIC, rw",.. erlyder, a wid. nm 1K. .r•nyde>r, In" dea t S 1"I Mi'. and Bernrate 1 a wihn r=, r^ .",OA pn+lrw� anI1 %tk"Q%IR11} ex.."'Ift I1M r 'i ,r if : I' ��,�: M+,?, 1'trir anpur' naMctc unUw tllr ..frl l�r:ultcr ' �',, 1lhe • " r I it lr11 it 6 11P I,ervl v cv—I,.In1 1n slid o - If- n1 ..Iid t,rcrni;ca. Ihal r','. the I" lee .t,t ilgsea!' ^eta for thr y-,nr 1939. Mot 1rol, l .W I:twftfI CIpi l`, %I%sI.»rrrr. r' y. i. q,iydex: p AT1'•I'C InAII "()t; STT t' Of['� { p I'nr t ai Kr.c1v, 1 EIY L. 5'! ,'I]Lft, �t Mit +t, or Trill Colr't! '; . 1rI ~hr•, , idf , -Ind her ec ni WILL? ANYb .R, of llda Co 'y, T ll,t}1Q, a r, r dealing wi►:M hist r and Kepai ite proper+ I r rill' ''1 1111. rtril anrt l : 'try ulrlr, S>y! thrl++"fltc,rs ,eln i^I,hyfi Sml.th 'I F pr w'„ a par kner shi{j i n , ,i t t;c9w:1r'I t„ ilew`„ t""re, ['. r. A611Co"T1'•Y, Idaho. .:elreaist. aL ia. Till+ ,tt ;, 5706 .'u7 L00to, RIF de 'daho R t7R4 thea n,,teas .whascrl lrenl�dJrc At f'-,t!owIng described l,rkir isn, Irl, Ada p �' nlll,ly Ithillo it Wil ' MrwN 1MI' rARCLL 10 i ,•, The weat dx;'ofthe �r)thw1%tB/'the r ^ t 1/4 of the 801s-aeat i/4,"Trh orthRange ` 1 Eget, Sn' ettl Me'ridi,�rl, VA r'aunty, 1dahor "_"Iethes: t'.t.th all t,nA "a trnemer , hereditamentg lywi se - rI•t appurt ertanaes the reunt r, 1jillonging or S,1t,ject to � railroar! right- �f-wny alone 3outhecty t,'1•,ndary of the 8bovn described parcel n td. �r ; I , ,1 1 110M Nle u:wid' P nlld 1ls 1fM forever. Iha1 they are r egl 4ept cur[etl' vers:wnf lurid defend 11, 1, 19'i8 1 rlr Ada octc,k!Ier, la aid MMIC, rw",.. erlyder, a wid. nm 1K. .r•nyde>r, In" dea t S 1"I Mi'. and Bernrate 1 a wihn r=, r^ .",OA pn+lrw� anI1 %tk"Q%IR11} ex.."'Ift I1M r 'i ,r if : I' ��,�: M+,?, 1'trir anpur' naMctc unUw tllr ..frl l�r:ultcr ' �',, 1lhe • " r I it lr11 it 6 11P I,ervl v cv—I,.In1 1n slid o - If- n1 ..Iid t,rcrni;ca. Ihal r','. the I" lee .t,t ilgsea!' ^eta for thr y-,nr 1939. Mot 1rol, l .W I:twftfI CIpi l`, %I%sI.»rrrr. r' y. i. q,iydex: p AT1'•I'C InAII "()t; STT t' Of['� { p ; I , ,1 1 110M Nle u:wid' P nlld 1ls 1fM forever. Iha1 they are r egl 4ept cur[etl' vers:wnf lurid defend 11, 1, 19'i8 1 rlr Ada octc,k!Ier, la aid MMIC, rw",.. erlyder, a wid. nm 1K. .r•nyde>r, In" dea t S 1"I Mi'. and Bernrate 1 a wihn r=, r^ .",OA pn+lrw� anI1 %tk"Q%IR11} ex.."'Ift I1M r 'i ,r if : I' ��,�: M+,?, 1'trir anpur' naMctc unUw tllr ..frl l�r:ultcr ' �',, 1lhe • " r I it lr11 it 6 11P I,ervl v cv—I,.In1 1n slid o - If- n1 ..Iid t,rcrni;ca. Ihal r','. the I" lee .t,t ilgsea!' ^eta for thr y-,nr 1939. Mot 1rol, l .W I:twftfI CIpi l`, %I%sI.»rrrr. r' y. i. q,iydex: p AT1'•I'C InAII "()t; STT t' Of['� { p at,. FORflhll dA, RE, too '►� ',,k� 4 i'i1 2 �9 ' MrwN 1MI' iel WARRANTY I P 4,")r Velar "(0crived DAT,",' "MLIAM $501110 It, doalinq with 1ja sole a p a County# tdalhol mn'I acting 01' Y rant Dorton SM ",1ti w1nIt dmaNd pt.91mi.; V, trionto, V_ PARCEL 9 The Wen t 1/2 of hp Noren1/4 of the rc�Ilthvast I , or RaNt, n-,ilippe m*rj,jj&n0' 'M TOW, Coullty Togethel with All nmd and I Gr tho brw &P%"",eManC** thereupi *PPeKtd1 T• I nol low, N&I r ur,f I'T "ItY, t-f,-ihoo a r,rj I iv,, .Y' "1 6 13"WE9, a partnershIr J. Id Ww,,iiII L. Sews, 13artt;t_'v Idaho 83704 ( "ify IdAlo, to w{1 "Orthwi,st 1/4 3 North, Ijanc-le H.5, hereditament, I anywise "ubj*ct t,,,, an mitt 'i ght ng rt' V, -of-,. -1 'ng within the parcel of 71d., in It IVP AND TWI400 tht its Ihmi, lot ht'n A they gre to $0 floes all q I've 4impit, IIft. t�ftv and bost,, jtg for 11,Eye&r 1978. "d 'Not t' firy %t III wil"8111 ind di fmj the Ober 10'�r 1416 .4 Y f 1) Ado lhq, th W ff. 7 d October v� sr 119 1 8 2 _qnyder, a w1dowit Of All viY,IrD.FtH F'4k?'vi0d fnnn:,de4jjjhq with,It1J. NA /AARC pr,6p R[-,' "ER t. PY6 ISO 6 Joe hftt jA"'j .1alro 'Vil tip IS, t Y hf 'r; 4 Fin 2 39 ?mile J mn • i', 7Q4h; AMGN.Yw. w.+..i adYfnwx ruar� .. fir.. � .�y�yMy....- — —��, n . .....r .'.--.. ...�.• ._.... _ _...._... -. WA�RRf,'WY i r?�;l�;D � of '• ,,hie {t,•er•i,t't) bAtSY L. Mbl!; :, a Widow, f7.1 Ada Co'l',t y, I MI, �• and hex ';.n. ylJr,l r.114 K. SH'it]Cf�, bi nr1-1 Coulity, lc+.,s41or rt >":rrtirft r:,rl 4ealinq t ith hip r'•cole and raparslto prf;pertyo IN 11rownr+a ,do 1,erehy i'f fit hirguin, tell ani! COmvcy a"I , ^MIT11 b t'l:?:g, a pat tnerahil, i n Ada County. Idaho• consi';1ing of W. Burton Smith and Edw:,td L. sews, p r:ttfers, the #ranlwe4t , whm f ',rent ad,lft•5t tR 'S206 Sorrento. Bail:.,, rdaho 8 3 704 is the followingdtserlb" oteni tes, ill f' Adri f „f,nty Idat•.r, t•, wit PARCEL ' The gbr' 1/2 of this Southeast 1/4 of the t,ortheast 1/4 of the wheast 1/4, Section 7, Townenir 3 North, Range I East, 49e Meridian# Ada County, ldah�,: in 4i.no singular the tenolt,—tio, herecitt=ament:S yogefrhe and apI • � 'penances thereunto bolongi.ng or -.n anywitte epperta +:,ingt i Subjeet to a (railroad right•tlf-way along rhe Soutt,l.t xy bounda ? ,rf the abpvr: described parcel of land. r TO HAVE ANb NQLb the wi,1 ptet,lisr:. with their arrurtrt+-.f+ c Unm the call (Sf nfRc ittt hc'r ,r,J Imigns fore%cr• And the Wd itrantors tln hart+% L:nvenanl W aml ••cith the Itaid tiranler that they are owners in ft•e0nrie of S;l,,l h,. f, ,-,{. ,I,,,t }'„-)' ;rrc tr•c 197R, itont; all incumbrsnu- 7xCept,ourrerit tnxel t and r,sgttsssmants fur the year and that t hey', k. i, arrant and delrnut the "tilt front ;ill t,,4, lift clidal* f if .(hC%Cr. Bated: prtobpr. Da\i ly L S yi.le r �rnt�r r. , „oR.,ff+tln, taot',rry ar Ada rr.. r',.' fl,f♦{1f1. �'f ll. \ i t ()F �'rA fi►i �bl* C . �.{�,'' l.r of Octobe t , ' n 7Q 1 tw.�tptty �.,�.1�, .,ti++f ppblk Ir •nd !Ar ogre f#N}o, h� • .r,RsllS Ihr I � � `I � 1 � 1 �, ,+rp.eeyl• . # `l, r t;7+t isy r Snyder r ..a w i doa r of t • 1lh(� Wil i,3ti1 X. Snjrt'ir C r a thio ADA �Y, If). f OR-Adl714 t F.�EW 1 , `tnarrir-:ti tnAn dealih!j with his xv,I -, and eeparatr+ prof 1e . rhR/ J.OA�.'. 'IAVARRO yn,)wh to tpe to k* the r.7--1 5 vrh^ 90 *” . • are lilt RECflrt'". R By lilt— IvMfAw to the tithl" }. 'milverlR and selu+r",IddErd In MoD m• ihak theytl/eVlt,t I.• Rome. .91 SEF `f Fn `r,' 33 Rttidime at Idaho comm. i;r<rl..� � �T��..•. Otte f Ikoll Le: .,._�a�'.i• _.- N'. r • c'<N,,..,yr r „ Value Nri.•eived 11A19Y I. V;YDCR, a! ai' ►dalho r r»rried mnn and I,r.r ion, W114#101 R. 'N"Dtltr of dssl I r,l w i t h his 801e 811(l neper ate t'r npr. tl $1�111�"' � nlrWS, :1 (�+, r t nr• 11u planters ,fir, i,f,reby jit"l, hlrrvir, ,0I rill Conley %1,11(, r country, 10ilr>, rbr+fei�fln<� of w. Burton Smith at"'' the Lrrnleed , COW t lWell? nticlre" li S�a6 gbrrrrtCd► pc�i rete, -, g37n4 f f'ounty I I ,,r,.. In•a r the folloreln= tin,, 11}, •t l Ytfl shy, in A13 ' 1y J1PS'r.f. 7 ' { '1'hn r.- st 1/2 o1' tho Worthial'It 1/4 of the i � rTorth, Pin 41+ at t F ,r F(�utheast 1 /8, sectic-n 7, , ownShi t` 1301re Heer+Aiahr Ad$ County, Idalt:; with all ;�nd einv ?.1r thr• tenerr• ' hereditaments n iee a�„�, af,�,vr�.fftnanCll!! 'he><'eurii'• l,,eloli,alnq or`' Y'w aF�lrrrt , i,r,ittt�; .� sublec:t to all el<i�itin9 ror` tight-',f—May i`-iftig within tt,e about_ tlogcrtoed parcel of ' IMA - Ill pre., ;•ws, will, +i,cir oil .,'ices till”„ ,Ile 4`tf to ll+lt•i�1 tptrnJnl IU + "'stile• i1,� },Arlt ,ryn.l ISSi�,lS Torrrrrr. P. ,1 the aa,,. r1,+1 they are cn,, -ra in +� c t,nlple -, I !Gari ��, !hat tNry aro Iret' - h 197A. fflor the year r~lih the ?,+'i a:f,,.`,re (101!1 all eFt CUlreht ,. axes and tidily rte and ilial t hey x111 valiant lend defend ter, • f,rp !rola utt } e'N'rul + halcn� • 1 Wed, 66tol.)Pr` 2ti, 1978 1, Is e r lYJkitl.11011, bl` 11411 1ti 1 0.y nt October, It rri ' 1 g B M�eA Rr,9! D4WlA In AnA f+,r told R%i#, Parob rltr A • ' i* r p1�l� L Snyder, !t ai+tial+: rt ' !: thh 1 T• r : i6L9 ri FII - j _ WARP ,.. NTY 1.7lYoD , Rrrtivcd DAM i,. $NYh[:R► a wicEc)w, OJdah , ,nd t r eaM, M1),.LIAM R, rtrd0rRt Of Adn county# i 111� sole #inti .,p8rr+te Vrovffrtyr rr a n If%al.l.+tl M th, rsrtnrrsfilf� 1n ,+I.r 1,. pews, �,artil"ts hercbr #rrant, t+d�t+tn. �'tl ��uctnnY Srr�irt l Mated Bciwerd DEWS, � r 11lI+t Co"t , y , idaho, ronsi�kinq o! 2dshe r4 S dtesEr� = ,whveeeu"Ciltld,lra, k 5206 �Orrentoo r+�i +�• '1r1 ('aunt! lJ,hn t,+ All pre m0ol.lot PARCEL 6 t West st 1✓1 of tate Bur►,�nt 1/1 Th0! she Northeasyt: 1/K (q the tvuAelsr,t 1/40 SPrtion 7, Townnhip 3 North# Ade+''' 1. >lrll<at, oifleea lIvr.idialn, A•EM county, Jdaho! ' h ditR"'+rntg together with ,It and tsinraule#t the trnetnents# ere and applitrtenarcels there unIX., belvnyi"cJ or in aclyMi>se r,ppezesinit�gt ' Subject to a railroad rint,t_of�-way Along the "outhet ly boundary o!' tiler tbova dear;t'ibred parcel of land. ,i 144 4, r ► a l-iaity , +irL" ttnycl•rr, nnd�W_a wi rlt a, •r Ar ' :. Cil e�Airt�N�c.ti+tiS h, 1110m K. Snyder#a ia� J PIT,�•.11;;f,0 ttrr9ad titan clQrtl iMtt viii,, t nrhiss note and arY z,t+str l`rDrbyl tr• 6+r t:ri++ prem a � �« a il ra,ri, n a r a 1ns,[n4s nl� t ty e� ",bred tp 110 whhluhPi7y,wtnt, �•t fteMt,+r+IrArrA le �1 J[ {, t� r1 I L 39 � tti.t they .:ke,nteA er,...twe. l f ,IAnhr (err• I R.twitir lit / A ! BC�xrk p.11 t„, �. l f) II V T-, AND 'ro 1100) tilt said !`rcrniscs. w,ll, thtlr apl+urlc ,anct< +„ + ` ,, tome ',:"it kA IIC1111 and eticrpnc tolttvt+ will, the S"I LI e41"tee Ihyt khry art` rr�Me+lrb Od cint� ICtt11) ,nW+ year 078, ana at3a•smMt'nts for the y from .n itlr,ttrthrtlitc" except current. taxc9 � wtrrllnl rrrd dsten,l the .;twtt� Itn,,, ,,lt lawfiul tt:u,n, r� e+.�,..,, `,�• .�: Ind lhsl L Nry' evl�l ♦' J,jt�,l Uctober!,2 n der —•.•"F•Z,T Cl_I,1 •�,_��I „_..�—• _•,..--r„•.r�. — a].,,+. ' mm :sr�rF; fsr lt�x • V u>�7v or ,l►r �/ c< I: )be3r, ,, n,, ,"1 79 F k i •toyhlie to t+hd tilt 'toil '8 "til, Vol a„r ally �., (•, h nil •C] 144 4, r ► a l-iaity , +irL" ttnycl•rr, nnd�W_a wi rlt a, •r Ar ' :. Cil e�Airt�N�c.ti+tiS h, 1110m K. Snyder#a ia� J PIT,�•.11;;f,0 ttrr9ad titan clQrtl iMtt viii,, t nrhiss note and arY z,t+str l`rDrbyl tr• 6+r t:ri++ prem a � �« a il ra,ri, n a r a 1ns,[n4s nl� t ty e� ",bred tp 110 whhluhPi7y,wtnt, �•t fteMt,+r+IrArrA le �1 J[ {, t� r1 I L 39 � tti.t they .:ke,nteA er,...twe. l f ,IAnhr (err• I R.twitir lit / A ! BC�xrk p.11 t„, �. _ n0 r� ., Itt+!7N�U�h rrll'�; atwaf�'�alt� �� WAIWITY DEE] ' Ft,t ValuelReceived DAlr L, pivritR, ,m wirloW, �f Aria Ce+c!•,'.y, Idaho, and her Aon, WILLIAM K. ' IYDEP, or Ad,t County, 1-9:1110, a mirried mon dealing With his hole alp 1 600;il:tte property, the kronlots , do hereby ltnnt f'ollsln. -it sod , n,,,ry bnlr, SMJTIt 4 r`1 , r;, a partnerl�h f p it,. Ada( County, Idaho, coneistiri,.i of wl. Our t,.,n Smith and Erlw.;H L. bows, pat tners, the grantees , whose current aIdym it 5206 wort r ret cr, tloiae, Idohn n 1704 ttte following descrilorol prernices, In Ad:+ f ,,only Id it'll lu *i1 FAACEL 4 The Vast 1./2 of tho Southwest 1;'4 of the Northort st 1/4 of the South"at 1/4, Section 1, 't'otrnshir I Nortlt. toet,,je I Last, Boise Meridian, Ada County, Idaho; i xc)gather wit', till ,ind singular the tanetoc lits, he,t nditR;"ent:9 ttrid appurter• . ,ces thereunto belonging or in any --,•i ye ,�F'F>�rtatinirlg Subject to a railiond rich' t -of -way triong 'he r'—,,+t)erI% boundary of ''ie above der-ribed parcel of land. TO HAVF ANI) TO If;')iLly the %aid pr�:ttisr;a. Mith their apptl, nattom usrto I';,' .rid (;nantce its h^,In ani *"ipn< forever. And the said fotanlorn tln hvtel�% .oscnant It, aml with the grid Grantee I' •I tltvy are o„+nterxIli Ive%init+lc rt •,lid ,� Iti,o they arc lime from Oil incumhrancEa, apt current taxe, ,anti og;peer onto t.,r r 1,r• ye%ar 1978, ;yy and 11,1l t hey will wa, l Ond defend 1' • game trurn ail I,,w tut 04ilm wtt u.+,, .i, hake October 20, 978 w; r 77— aTATE Dr' 11+►'Ii l'; l"rtY or Arte day at October, tie -i w. ~oliva ,,.a, It "r,gry puhl'r In end int nald Flatr. Omni ly ., •ri�+t,Itya K.t Sny�'ar, al•widr'>, �incf 2v1 Ili am r. Snyder, .i ,rrii•c' roan clealiny wil.Ii t �%Ai4--srilc and separate 1 rOpo W40tYad�n . to 1~ 1�-wfrr•,rtn ■ Who se ra+wa nre e rWo,4vP t11„ a+,hln incl Ualtr+, and arltNo,rkdrt+ ' n «,. ti;at •1,... 1t ~r,,, y aaK�twa t�. �• , act 94P Nelary h,y' sY Yy William _K0.7. ij rb' Y ray M t SIP f n L �V By, ..— n.p.- --- P... 0 J t i`' il'LCIVCII Di 'Y L. +ll'' t, A WidVW, r�At1.1 (•f; And het err- WML1AM t:. SNYPER, heli Cr,lln! � �1r•, , dealin,J ,!ith his sole .,nd JIMPr property, thrp.lniots ,(10 homily gran t,bit rr :,1,}tellill, J,-- y mitoSMITE! +: ' WS, .1 tinrtner t in Ada (,ovnty, Idaho, consisting r3 W. tluo, ,1 Smith and r: r :aA r., N, thr )Irantees ,whou• rtnrenl sddry%s In 5'1 16 Sorrenl';, .Doi Be, 10"l Ill) 817{)q 1114• Irtildwlnodettcti1x11 ptcrniscs, in licca t ,}nnty Wall" r" PARCUL 1 Tho West 1/2 of the Northwest !/4 of the Nor t he!,%s t 1/4 r: of the southeaar,t 1/4, Section 7, 'township 3 North, Range, 1 rnet, Solne Mioridiarie Ada Co-rnry, Idaho# Together with all and singular 'he tenements, l-ereditentg !inti rppurtpnance9 thereunto b*,t tnging or in Anywise, d1'pr. rtairli.ngl Subject to an existitiq road rf` t -of -way 10111 withi}1 the above described parcel of Jany, and An vasement for lrivemils Creek lyinel within the above described parcel of 1,%nd. Subjects, also, to an .irrigation eas.,r•ont fot ttLe Snyder Drain, as Piled unrier nampa-Mtrridian Irriyntion pigtrict Ingrrumant No. 797771. TO 11A1'I P,Nn TO 11`01-1) the 104 prel"NO, Lt+111 their 1In1- I" tai.# (:rtnlrm itw heln Willa�bipris rorcvrr. At+d the •-,,"J e:r�,u.are In hok, tool. ll Ill dn11 with the'Alli l;r'Intee , fl,at they Aro owners io 1vt-kintt,1.- of u.., tl, ntiu it Olt) arc. Ir.c front RN Sncu+}lhranceltr eiccept current taxes •nd as9e89ments for !.11q year 197x. and that t hey will war rahl and defend the <alr►c Irnill Lill hu Iu1 Llaltu, 1i.'Nr,t.cr Daft& oetobet 200 1978 d -q IN ST,%Tr, OF lUAM0,ouNr%, or Add r>d'thla, 44_ day at october, ttt 79 .1-.t+.ra tAa; Anl�ri'4ufilir ih and 1mr raid State, prte,Antliv Snydetr, a widow, "l t-alnd'-Willism x. Re+ydairr a •; :,,, mArtied than doeling with " his note av,l sepsrite prop 4n„wn 14' M* to W the pat*a1t a whe pe narnPn A re 911becribad to lh! mithta IrNtrvtnr-t, ar+d aclr,nwlrrtRM rn me that they oseeuted the eamn NnUry ht+btle r,ridlnt at goifSe , Who I`nn1,N. �>r61r6e r ,f / a�r Me ?1i{'l1?4 � thl. shy REGt?PC,_Ix IM^ - t�e � I . �'� T �I_ WARRANTY DE,E4 D Fnr Valet AMIved DAISY L. S'v'VFR, A wid—, of Ada Count } , Idaho. and herr Nnn, WILLIAM K. SNYDVP, of A4.7 County, Idaho, a mb` dealing with his bole and tsepnreto p,,,,r.etty, r ipd bean 01r prangdo Ilrreby f rant: hnra;lin,%ell IV?) (I comn '1 ry rrnlMITTI A BENTS, a par tnn r 111 i p i n Adel county, Idaho, oorfsietitig of W. Rgrton Smith and t,rtward theprafrteell ,whwc,llrrcnta},11c,.lR 5^p6 pr,rrento, 001"*r Id.�1to 9370q paws, f:artners thr fol1o,cing de=atibetl Tlrentisct, in Ada PARCEL 2 County Idaho. rr1•wii The West 1/2 Of the sauthV"St 1/4 of the Nnrt-hease 1/4 _If the Southeast 1/4, SectJon 7, Township 3 North, Range i frtiat, t3aibe Meridiyns AOii County, YctahoT 'rogethe' with all t, -I alar ct;Iar the tehv:nlenrs, herelfitaments and appurtenances t' ,reuttt.!a belonging or in anywise appertair11ngT Subject to a rai1rv;,1 right. -of -way along the Southerly brundary of the abov- deSC,ibed parcel of land. 1'0 11AVE AND TO FIOLD the -,id rremiscc, will, ti„,ir arptlrtenant:n nwo tilc cam i�rn„tt Its heirt and sWpnl frrrc,er. Anti the sa,l r;t.Irttara [In hVrrl•t tovttimt fu anti with the "id Grantee . thpl they,ire ownr*Ys in it ineumbrancct,,implc ref s:, i.f et,rc►ni rc. �,yt rht� ;tet 1nh Crom �Il , except current tinttea and aeeessmcnt$ for the year 1979. and that t hey will warrant and dcictrd the <alrtrr. Irani 1111 l.tu fel c'Iaigtc whattet•,� r Dated: October 20. 1979 11,11. StATC OF ttllttq” 01114TV per Ada O�wdaa• of October. to 7q �w 1 !Ir *j^Qr 111! kn amt fb► mid Motr, pr1F4%nallr Vaisy 1.. Snyder, a widow, ..;• "! t t vrnr�iedlmnn K. Snyder, a :., .• tna dealing with tria reap and reparate prep Y"41" to n„ t,. I", ISO pet"" d why Be "PoswR are aabwrlb*h.t,, tl,. within rnatwn#."t, and arbnnMl,du.,t 10 n,a kha/ they +ereutad tela $amr. Notary 11abllc, MHdih= ate f comm. rxpin. 1104 Be fdrlb X6.1 441hde ..-_�� _ tli.gy L. Sny P?? W11?Yam c« S er. 1>,� �giti�l'r5 r,, r,. 3. DAVID tiAYa°I�� Ft[r;ORDEn 91 SEP w P 2 38 f,,t1 !n: i I'- ' Jia r, I " 't �� ill i ' !� � _ _ - � - WARRANTY DE' 1) riow, or A�i., c I P,-! viltie Rvj:ejvj.j 1)?t T ',Y 1,. SNYVER, A A-4 hftr 17 M, WILLIAM F Vf 1�440 �UIAY, 110611", 0,�ntinj -ith his sole Ryvi separate prat l ty, the *NnlrA do :)ercby pipmt, bvjpjljt. vv 11 milli vorivvy imto ' [Tit S MWS, a t itnere!0t, ill Ads county, Idaho, consisting of W, Burton $mlt'; 1neJ rdwavrl t. , P— $ —, - ths Von lern whtwe rrenlsddtelisk $206 Sorrento, Uoi,-, Idaho A1791 the ?Q110A bir fklctlbt,. s ret)l14!■, lot A,1 TIARCHL As set with on Exhibit A Attvr11(%d her,,to and by lrlllfr TO HAVE ANP fit 1101.9 the whl rt—iiNeq, kill' IfICIf 1hj' %,1111 (IfPiilt` with Ifir s'li'l Gtaw(e that they art- rwilf.-re i., t,v,Iqqqd t,t vNill 11"t .11v If.t' from Till 01(titnti'aft", , 0AReept as art nilt ab�tvam, Imll 141 t bey l4;�11 *trtanf 4"d JC1vnJ 0- C�,tlr fi-lit 11 I'vil flit t-Ijitsik Nqh,'1lk"L%j I Dated; October 200' 19713 r .. t SIATZ OF 1110401 C V:,4?y (w Atlfl Al ITV flT ltvAlln, day of Octo d rl fk# I k4r a eoNrj,0vWlv, 1, and far oi*ld State, fovi-rrhIll, 7 6 onyoori, a widow,' M 11cr llfi7lfntn K iv -71 men dt-ali"q %olkh ht*. -sok-! and tRelpartitte proporlby P �ObWfk tor„ 1,1 r. t6# 1P.? 1+r4mos and it ORC 4 oilb"kbee i* d-0 WINN N;kv"~at, 4N4 i.% that t, hey I-Iffliffmi two pa". 091 SEP It pri 2 38 11110thrip tWit lot, rotru, I Eqr'-o t" to A point e' *iialAq of our- 7 Thetire North 69 J1 72 zest 160,24 fst"t OOno a line 22' „0 feet soutbely of and p.,rallel to t'll 091d 14orther b6umfl"ry of the portllp&st 1/4 of the Southejkgt ) of sertion 7 to an Iron pint Th*"C* "?Orth 0*26'00kb it 221.00 (flet f-3 the int of beginnipt, COMPtiming,'.1 %I llornz, more fir SO; The r7rap4trtlr:tarrotivt, bel together with nil and singular the f1ts 8`1 aPP'"tt'"'ance fl read I r Subject' to i 00)1J§t1j_._of_Way lying 25.00 JObt' toot Oout:hirlY Of Arid Pitallel t,, the Nvttilptly houndayy or the, at avia di Iblad parc*l of 'Andi nfid a 20 foot I riJq&JJoA masons -,it' for the ony(!,, L- Dro I ti - as filed under Itriqation subject, &ledtAked "Nnd air, . %Monts levipl an I , assessed for the Y*dr 1§78, WhJL;I' I yot'due not Subject, fiowev6i :tb a, thmt. Porf tol, of the afareOald-*nveynd salthwoot.1/4 horr",ifore t rt Idaho Central Ra.ilway, Company,.by !)qlad e.?f rev -rd If, Add County pocorder,ts 0fXice#,,,r orded 70y 7' 1997 Book 12 of Deedi-at',piqd,440.�;:,: r 1.011f A I tht %lrt he toot "161st 1/4 f .th+6 1010" 71 .-hip I North, t#--hoLoo Ldi*n Ade 'Itys T,I(eho; bat ,,I n vor k i: -in Qf the zoos- 1/2 of northeast It the lztlrhearfl IfIll hip .9 1/4 of soctiory , , rloifle morldian, P.As COUht 16116. Wid vartA(—, I Y follov, nt n,311.nninq rh ;,.,6 fit the Wo worthe4l 0*03rios- J se6tion 71 Th6hC41'r 0 along the NorthOVI v lldary;Vf -4id Ns!!! )—tilt 1/4 , aE thp 9oUthdIMSt-1, , sectior lich IV M'�'l 0103 ";te -i iron �150 ',ginningr �.jitc said point being U. Roil llotnt,.C, nf% rontinuing South . '10 toot 017ne tile said Northernbou-19ty Qf;t;h* tr- -*atthe Southeast 1/4 of S.."-ftoo 7 to kr, pint Thencc 501"th 0029 090 ratt M64 feet to be(jinhing of curve on tris ceritol line or abide iij Thence along the said Celli nrlinelor any ,*in along n uurve to the ri7ht 3437 fi4t Paid cU� ristig a cent rsl of 5*30143;g a radluoo of root, tangents of Ingle .$# foist and along chuxel of S- it bearinq South 24934,110 rest -to -1 point, of toln, Thence 600-h 21*49*50* Cost 110-70 f'!i?t7lopq said ctnterltnu of the chydor brain to a rulntTht t s.,Outh lsftiqloo, Sagt 64.39 feet oklong the'said c, .,oxine of the srtyae): brain to, g point t)f ourvej ThdAc JUth@Asterly along the said C0ntgrJJ1,,e. at Snyder bi along a curve to the right 6,25 tent0 said curve Ahg a central nn,)Ie of 1047127", a ra,1104 of 200-00 ,tp tar.xehts of 3.13 'East and a lonjj.,Ct1f,)rd of f.,2S fes'- bearing Soutli 14'21'24" P1 0 " to A point e' *iialAq of our- 7 Thetire North 69 J1 72 zest 160,24 fst"t OOno a line 22' „0 feet soutbely of and p.,rallel to t'll 091d 14orther b6umfl"ry of the portllp&st 1/4 of the Southejkgt ) of sertion 7 to an Iron pint Th*"C* "?Orth 0*26'00kb it 221.00 (flet f-3 the int of beginnipt, COMPtiming,'.1 %I llornz, more fir SO; The r7rap4trtlr:tarrotivt, bel together with nil and singular the f1ts 8`1 aPP'"tt'"'ance fl read I r Subject' to i 00)1J§t1j_._of_Way lying 25.00 JObt' toot Oout:hirlY Of Arid Pitallel t,, the Nvttilptly houndayy or the, at avia di Iblad parc*l of 'Andi nfid a 20 foot I riJq&JJoA masons -,it' for the ony(!,, L- Dro I ti - as filed under Itriqation subject, &ledtAked "Nnd air, . %Monts levipl an I , assessed for the Y*dr 1§78, WhJL;I' I yot'due not Subject, fiowev6i :tb a, thmt. Porf tol, of the afareOald-*nveynd salthwoot.1/4 horr",ifore t rt Idaho Central Ra.ilway, Company,.by !)qlad e.?f rev -rd If, Add County pocorder,ts 0fXice#,,,r orded 70y 7' 1997 Book 12 of Deedi-at',piqd,440.�;:,: Y ♦- • _ _ - _ - i,.,., i F"rVatup Pit ';krd DA Li Mw rt w:'I 'W. of A,l t r,,• r +y, ! '.` �, and l r Soft, W11 t•IAM K. er tt r i"lR; f with hi n "tole► .held 54"1 lite 1,ropnr 1 y n Ittc itrantirrs tr, ln;rct+y Fr.nt, harp.°r,. twit aiw . ,evvy n+,rl, SAiI i'I! R nrwS, at Cou17ty, irk 110, aionsiating of W. p,�ltc,h Se•ith an:1 rdward ►,. Bet~ -s, l,nrt.0rs theofmores ,wivsiecutft"Irdarrt.is S24"r Sortnnto, noise. I'laho 83704 Ihr rulk.>a in{ dret;ribed premixes, fit t Z r lig;_ The V&jt 112 of the Mc., 'teoat 1/4 , r the N">rthr"aat 1/4 of the Southeast 1/4, ,.Tien 71 T-t,rnshir 3 North, Range 1. Ei;ste Boise Meridian, '%cls County, idah.,j Together ith all and nqular the ',i*nementse Fthreditaff,.- ` and kppurtehanace khcrr':,t,to bG1lanac or in ary .'i 9r .ppertainingr l Subject to an exiakinA road right-or'•way lying within thw above described parcel of 1alt,I. a y� C n orf ! Ar' TO IIAVFAND TO f (Lf LD five %inx1Y ! +.' lHliSt�•, Milil t 1., Il' 71'I`rlfi n IgcCt Ilnl11 Ib.. � �} r r4v„�.. i F flail{ •+'�! V. ICrI, rt»i, Atvd the %ai,l r i,lrtic"r It+r kith flit tact• Ctbtltet Ihal they or(, clwnery rt rc•r l+tpirk •,! .• 11 t,rrmhc; t ! !�,, '' (�nttl sit fncumblerce6, excopt aurrr' t. taxes 2117:1 21sse ,e+ -')ts for they-A%r :97P, +; and that t hey • will wart;ml and defend 1 e caint 110411 ali t-Hrul . t,,,,,,- „1 .,I,.,ta► October 20r 19711 P,trs.nl"xko, ntc:Nt Acta fr4l, day of October, t• 711 r� 1tl ill in and f.r s.f,d 8tAte, pet*, -ally ,�1 k ��' hAlsy 11, finydor. a wi,►,.)wt t g .11"d Willi21m x. shyder, a married tnert der,ling wi th +^ ► f ` his sole and separate prop. ta+y'tr � r Do f^ W' l iniA Kms; ny nt 4:1:1 .••.. w. •'�1 nl +.. file 913178 Ir AnAlrn'tar 1^r +r iw tha pe"a" ti *lNo see 111,11”, rile ...h+rrlb0 t� +Fn within fMtraln+rllt, and arknnnlrrf�•a 10 { wr 1hs1 t hey esecrutaA the •amt. �� ::ter-�• .� ...��.•a.� . � Nerxty ruh,,e tet -- n..+a+mss a Boise t r'�n,ly. �yphrf r .�.s' / � IAIcM lcle{1 te! nor 'l .. VQRC,' iTfA •1. C�Vf �E.'.r�AFir(1 � � VIiS RECOP^EFE-- �rr '91 SEP `t Pn 2 38 0 BEFORE THE MERIDIAN CITY COUNCIL ADDENDUM TO FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR WAYNE S. AND KAREN L. FORREY CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT PINE CENTER PARK MERIDIAN, IDAHO This Addendum amends the Findings of Fact and Conclusions of Law, Introductory Paragraph and Findings of Fact section, paragraph 1, on page 1 for the above entitled matter as follows: Pae Amendments 1 The above entitled matter having come on for public meeting p• blie hea i June 18, 1996, .. . 1. That a notice for public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 12, 1996, Ttme 18, ' the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 12, 1996, dune -18, 199, 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; that the Conditional Use Permit was This Addendum also amends the Findings of Fact and Conclusions of Law, Findings of Fact section, paragraph 11, on pages 8-9 for the above entitled matter as follows: Pae Amendments 8 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, with the exception of the Gruber Lateral (14 inch open ditch) which flows along the west side of the property; the Gruber Lateral will be used to create a lined, pebble -rock brook and pathway water feature; ADDENDUM TO FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 4532ZFIN D I NGS.ADD 9 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 since the City of Meridian Zoning and Development _Ordinance does not address parking requirements for elderly retirement centers and since another city zoning ordinance has set the parking requirement for at such centers at one parking space for every 2.5 units (Boise City Code 11-10-5, Table 12); 90 parking spaces for a 114 unit elderly retirement center complies with the Citv of Meridian Zonina and Develonment Ordinance - ADDENDUM TO FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 453ZZFIN DIN GS.ADD Meridian City Council July 10, 1996 Page 11 Park Subdivision No. 3 by approved with the conditions set forth by the motion, discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would like to tell Mr. McHutchinson that he and Mr. Hon did a very nice job of answering questions, they were direct and to the point and got the resolutions of the issues that we as a City need so thanks for doing a nice job. ITEM #6: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE & KAREN FORREY CONTINUED FROM JUNE 18,1996: Corrie: Mr. Forrey you or your representative. Phillips: Mr. Mayor, members of the Council I am Robert Phillips, my business address is 277 North 6th Street Boise, Idaho. I represent Mr. Forrey. First thing I would like to go over is there are two findings of fact and conclusions of law and as we left it last time it seemed like there were not a lot of concerns about the granting of conditional use permit and I have some analysis as to why you should choose one to the other which I will dispense with unless there are concerns with granting this conditional use permit. Rountree: I have specific concerns about granting the conditional use permit. As it relates to rezoning it industrial property of which we have little of in the City of Meridian which is difficult to zone for. Phillips: Let me address then, what we are asking here for is a planned development which is under the policy set forth in the ordinances, the policy of the City is to encourage planned development. Specifically in industrial areas planned development general is a permitted use as long as you get a conditiona' use permit. If you look at the findings of fact and conclusions of law the big issue is whether or not this is a planned development general or a planned development residential. That is the choice that needs to be made tonight between the two different findings of fact. Define that it is residential first of all you have to use the wrong chart in my opinion, you have to use 2-409A, secondly you have to find that there is not a mixed use and I think as we discussed at the last Council meeting there is a mixed use. Third, you have to find that the predominance use is a residential use. That is not defined in the code, residential use is not in the City ordinances. You have to find that as a predominant use. And lastly, even that included you have to find that the accessories to that residential use which is not defined would include the educational facility the chapels and the other commercial uses that we have. And also given the fact that there has been in the past consistently the Council has found that certain areas that • Meridian City Council July 10, 1996 Page 12 0 are zoned light industrial in those cases they have granted these same type of conditional use permits. Now I understand you are concerned about light industrial but granted that on three sides of this particular piece of property it is residential already. This creates a buffer between residential and industrial on the south side. So maybe in some situations I think you concern may be valid but in this particular case it may be good to have this type of facility. Does that help address your concern Mr. Mayor and Councilman Rountree? Rountree: That addresses my concern but I don't know that it changes my mind. Thank you. Corrie: Counsel? Crookston: I think that it is appropriate to explain to the Council why I prepared two sets of findings, one that is a denial and one that is a granting of the conditional use permit. The concern that I have is that in the presentation of the materials submitted for the application on the last page of the application the failure of the testimony from Mr. Forrey and his representative is to so state that the last page if you look at it shows four buildings and a maintenance building or residence if you will, and it says on that last page that they will be, the four buildings will be housing units and the one building would be a residence. Also on the last page it says that there will be housing units and I am going to reference it as the residential structure. There is nothing on that that indicates where the proposed uses other than lodging complex would be located. In Mr. Forrey's testimony and the testimony of his representatives there were no statements as to where any of the uses would be located. That is how I came out with the denial because I thought that it was basically a residential structure of the senior citizens lodging complex would be residential and there were no other uses stated on the documents and they were not stated in the testimony. It seemed to me then that probably was a planned residential use. In the planned residential uses they are not allowed either as a conditional use permit or a permitted use in the industrial zone. Since the property is zoned industrial it seemed to me to be appropriate to deal with that is industrial as the senior citizens lodging complex was not allowed. And the uses that Mr. Forrey stated in the hearing were very could easily be determined to be accessory uses. Under the zoning ordinance the accessory uses if they are in fact accessory to support the permitted use are dealt with as residential uses. I then looked at it again and said it is up to the Council to decide the issue it is not my decision. I think it is appropriate that the Council could find very easily that it is a planned unit structure general because the Council could very easily find that the proposed uses are in fact not accessory uses but they are separate uses and therefore could find that it is a general planned unit because under a general planned unit development there are other uses other than the permitted use. That in fact the other uses are permitted uses. It is just a planned development. That is why I prepared two sets of findings because I believe that it is the Council that must make the decision. Meridian City Council July 10, 1996 Page 13 Forrey: Let me help here a little bit, for the record Wayne Forrey. Mayor and Council, City Attorney, you have a gross misunderstanding. I asked that my March 12, 1996 letter to the Planning and Zoning be entered to the public record which was at the public hearing but it is not contained within your findings of fact. The information that you are talking about here is incorrect. I did specify all of the uses on the five acre campus. I think it is terribly wrong for you to not have information that is in the public record and then prepare findings of fact that are not findings of fact. They are incorrect. And then present to the City Council as if we tried to do something that is not allowed in the ordinance when in fact it is. All of the uses that we have identified and evaluated in the public record comply with the ordinance. It is a mixed planned development general project and it complies with the ordinance. I don't know if that helps. Phillips: Just to reiterate, those uses that were mentioned last time specifically Mr. Forrey and myself are in the public record. The mixed uses and to further maybe clarify I think part of the problem is the confusion as Councilman Morrow mentioned last time with the ordinances themselves, there needs to be some restructuring there. But to find that it is indeed a residential use when residential use is not defined by the ordinances themselves takes a leap on your part. To deny the fact that there are mixed uses takes another leap on your part. And to find that the chapel and the educational facility and other items mentioned are accessories to residential use which isn't defined would take a third leap. So that is a lot of legally jumping in my mind to get those conclusions. It is a lot easier just to look at the ordinances themselves and say, the reason, if you look at the structure of the ordinance, there are three areas, there is commercial, there is residential and there is industrial. Under each one of those there is a general category and a specific category. There is one for residential planned development, there is one for the commercial planned development and there is one under industrial planned development. In addition to that one item listed there is also planned development general if uses are mixed. In other words the way you look at the code is you look and say okay do I have a planned development that is industrial in an industrial zone, in this case we do not. So what do we have, we have a mixed use ar:d that is the only other category available. If you follo�': the findings of fact that were set forth to deny the conditional use permit all you have to do is take the residential planned development and move it over into (End of Tape) As to space, there seems to be a concern on the part of Council as to whether there was enough space for these items. First of all items being the chapel and the educational facility and the other items there were commercial. Those are actually going to be in a building themselves, I don't know if you have been in St. Luke's downtown, they have a little chapel off to the side in the hospital itself so that is the design intent. Also, if there are specific concerns about spacing requirements in the design review those could be picked up. I don't think those are major concerns. I also prepared some amendments to the findings of fact to help clarify. First of all both of the findings of fact specifically, there are just three things on there. First of all the findings of fact specifically state that there was a hearing on June 18 which there Meridian City Council July 10, 1996 Page 14 clarify. First of all both of the findings of fact specifically, there are just three things on there. First of all the findings of fact specifically state that there was a hearing on June 18 which there was not so I have drafted and amendment to clarify that. The hearing was actually on March 12, and technical that Mr. Forrey's letter from March 12 relating to a variance for a small stream that was not to be tiled and also an amendment related to parking. Because the ordinance doesn't address parking either in this type of facility so I drafted some amendments and discussed these with Counsel earlier to day. He hasn't seen the amendments but we discussed some issues related thereto. And so, if you find to approve this it is important to also approve the amendments that we go with that. I have stricken out the part that have been changed and double underlined the addition. I would be open to any questions related to those amendments. Corrie: Council, any further questions? Phillips: I believe Mr. Forrey has a comment. Forrey: Mr. Mayor and members of the Council, one of the major intents of property like this is it generate tax revenue for the city, business tax, commercial tax value. And this project does, it is over a $4 million investment for my family. It has significant value added to the community. I could put office warehouses on the property and they wouldn't nearly have the value that this elderly campus will have. And so it does support the objectives and goals of the community in increasing the business opportunity in the community and bringing value and taxable value to the community without impacting our park system and without impacting our schools, it is a win, win situation. It is a very good location for this property. I ask that you approve it, thank you. Crookston: Wayne, may I ask you a question? Did you say it was the March 12, 1996 letter where you set forth the uses? Forrey: Let me check, that is correct, it is addressed to Mr. Jim Johnson and the Planning and Zoning Commissioners and it was entered into the public record at the March 12, public hearing. That is where we addressed each of the agency concerns and all of the staff comments, we have a written response to each. This was at the time, I was asked by City staff prior to the meeting where they said the City had adopted a new procedure where that prior to the public hearing they are asking applicants to address in writing a response to each item in the staff packet. And so I went through and addressed police, fire, Central District, Nampa Meridian, all of the agencies and all City comments and all the people that had written letters in support of the project, even acknowledged that I had read those letters and that was in this, I think about 11 or 12 page, piece of correspondence. Crookston: Where in that letter does it show these other proposed uses? • Meridian City Council July 10, 1996 Page 15 • Forrey: Page five, city comment number 10, about halfway down page five. Quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24 hour maintenance, security, landscaped campus setting, it is the same list that I provided in the April 29 letter to you, the same list that I provided in testimony on June 18 that are in the minutes. Crookston: I agree that this is basically the same as you submitted in the letter to me, but I don't see how this shows where the proposed uses would be. Forrey: Within the buildings on the campus, within the five acre campus. Crookston: I don't see where the letter says that. Forrey: Oh, it does in other paragraphs, at the bottom of that page it talks about the five acre campus literally throughout all of the correspondence I have had with the City we have applied for just five acres as the campus even though we are buying more property than that. That has been made clear on our application and site plan. And also I think that is why you have a design review function on planned development so that after you approve a conditional use then our architectural plans are developed and I am in front of the City Council so you actually see floor plan and detailed architectural so you can see the size of the chapel or the height of the chapel and the size of the education room and the way the garage looks for the van transportation services, those types of things. That is why you have the design review function. Crookston: I guess I just have to state, I don't mean this to be in any way argumentative but I just don't see where it shows those uses would be located in the five acres. Forrey: Well, if you look at the site plan it is within the structures. The City ordinance does not require when you submit a conditional use to have detailed architectural floor plans. so I also don't show where the hallways are, the bathrooms or the laundry or the maintenance or the utility entrances or those types of things. I don't show the location of flower beds and the handicapped ramps and the elevator shafts and all the many things that go into a project of this scope. But that will be shown and have to come before City Council under the design review. Crookston: I was just commenting that it is not specifically stated that the proposed uses will be located within the buildings that you show on that site plan. Forrey: Well I did state on June 18 and I am stating it right now. All of those uses that we have always identified will be within those buildings within the structures shown on the site plan. Thank you. • Meridian City Council July 10, 1996 Page 16 • Bentley: Mr. Mayor, I have a problem that I would like to address concerning this issue. We have all received the letters from Builders Masonry concerning their concerns about the noise and the dust. Wayne, I wanted to ask you, if they expand their facility and I realize that you the noise problem isn't a problem right now but what are we looking at down the road. Are we going to end up in a situation where we have the airports here and now we are building houses and now we are getting complaints about the airport noise? Crookston: Let me interject one comment the reason that the last letter from Builders Masonry was not even addressed in the findings is because that was submitted to the City after the public hearing was closed. Corrie: It was addressed at the City Council. Crookston: It was addressed but it was received by the City after the public hearing. Forrey: Can I answer the question, Mr. Mayor and Councilman Bentley, the living units, the closest living unit to Builders Masonry is 900 feet away. At the south edge of the campus at about 900 feet away from Builders Masonry I have indicated in writing that I will build a sound wall to give confidence to Builders Masonry that they are welcome and I encourage them to expand and hope they do. That you will never hear a complaint from our side of the fence even though we are 900 feet away that would impact their business, but in that space that remains on our property another 600 to 700 feet I propose to build office buildings. So, I am 900 feet away with the elderly campus but between me and Builders Masonry is a railroad 200 feet of right of way plus another 600 feet of office development. So I just don't see it being an issue at all, not at all. I think it is an excellent location, I think our neighbors agree with that and I hope Builders Masonry grows and doubles their production, that would be wonderful. I would just be a good neighbor and won't impact them in any way. Bentley: Thank you Corrie: Questions or comments Council? Questions of staff? I guess if there is no further = discussion are you ready to make a motion on the conditional use permit? Morrow: Mr. Mayor, is this a continued public hearing? Corrie: No it is not. Morrow: I think I would like to make some comments before motions are brought to the table. A couple of things that I would like to review in my analysis of this project. I think itis a great project, I think however it belongs perhaps on the Bews property adjacent to Meridian City Council July 10, 1996 Page 17 St. Lukes's, I think that is an idear location for it. I don't think that by any stretch of the imagination residential units in any configuration belong in industrial zones. I think clearly in the case of chapels, educational facilities, garages that are part of the residential buildings they become accessory uses. They are part in partial of the complex, they are accessory to those folk that live within the complex. So I think that it is an accessory use. From my perspective ultimately there will be a conflict between the residential portion, the neighboring industrial issues, uses. I think that it is not to the benefit to this Council to make a decision that will come back to haunt future mayors and councils and city staffs because of that conflict. So, from my perspective I see this as it is a residential use and it doesn't belong in an industrial zone. So I will unfortunately have to oppose the approval of this proposed project in this zone. I think it is a great project for a zone that is adjacent to St. Luke's or something along those lines or a residential area. I think it is a wrong project for this zone. I have no further comments. Corrie: Any further comments? Rountree: Mr. Mayor I would pretty much echo what Walt said. I guess I would go back to the fundamental we were posed with at the start of this was whether or not it was even allowed in this area. And the question of being a residential use or a planed unit development general I am not convinced by the testimony and the information provided that it is anything other than residential. It is a senior living complex with all of the pertinence thereto and all of the other things that one would find in any neighborhood that would be classed residential. So for that reason I would say that it would not be allowed as a residential use in an industrial zone. And for that reason I would not be favorable to the application. Corrie: Any further comments of Council. Tolsma: I somewhat echo Walt and Charlie's comments, it would be a transition between ('.;audible) industrial zone surrounding it to a residenti;;,9 zone which is one the other two sides of it. I also believe that it would be (inaudible) in the St. Luke's area or a residential area other than in an industrial zone. The fact right now that the only thing that we have in that industrial zone is the concrete block manufacturing outfit. But it is (inaudible) possible light generating plant out there, jet engines and everything else (inaudible) The Yanke industrial property which is (inaudible) that it just (inaudible) senior citizens. Corrie: Any further comments from the Council? Crookston: Mr. Mayor, I would emphasize to the Council that whether or not you believe that it is not a good place for it that cannot be part of your basis for denying the use there. There may be some better places but I don't believe that it, it should not be the Council's Meridian City Council July 10, 1996 Page 18 decision to deny this because the -Council thinks that there are other areas where this would be better located. Rountree: I hope I wasn't misunderstood, I specifically indicated that I do not believe that this is a general use, I believe that it is a residential use and therefore not allowed. Morrow: I think from my perspective, I am sensitive to what you are saying Counselor, I still think there are better places for it, but my decision is based solely in the fact that it is in my mind a residential use and in an industrial and therefore should be denied. Corrie: I will entertain a motion then Council. Rountree: I would have a question for Counsel, with the comments from the applicant about information having been received as testimony that may or may not be included in the findings. Do we amend the findings to include those as a condition of a motion? Crookston: You can amend the findings as you deem appropriate. I don't believe that just from what Mr. Forrey said tonight that letter of June 12, 1996 is any different than what was submitted in the April 29th letter. It is not any different than what was submitted in the testimony. I just read it tonight, I just read it again tonight. But if you desire to amend the findings I think that is very appropriate in whatever fashion you desire. Morrow: Question of Counselor, is it in your opinion necessary to amend the findings? Crookston: Well I guess that depends on which version you wish to adopt. If you want to grant it I think those findings are appropriate, if you want to deny it those findings are appropriate. They are subject to change, either one of those are subject to change if the Council desires. Morrow: 1 guess on my part I have concluder that it is a planned unit development residential. As such it is not allowed in the light industrial district. So the conditional use - permit should be denied. Crookston: You can do that as an individual councilman. It takes the entire Council to act, but you can have that position and so state it on the record. Corrie: I guess Wayne, all of the dates on both of these are correct and would stand? Crookston: To my knowledge they are. Corrie: I have one question on the one, they are referring Meridian City Council July 10, 1996 Page 19 Crookston: About the time of the hearing? Corrie: (Inaudible) on the decision on the denial it says the application for planned unit development general is that correct or should it be residential? Crookston: The application was for general. Corrie: Okay, as long as the application was for that that is fine. Crookston: If I could have a moment just to take another look at the application. The application reads as follows, it states Mr. and Mrs. Forrey's names, gives their address, the general location of the property, description of the conditional use "to develop a high quality senior citizen boarding and lodging complex in a secure, landscape campus setting" it says zoning classification IL, it makes reference to the legal notice and there is a document that is titled information for conditional use permit of Wayne S. Forrey and Karen L. Forrey. It does not say that is a part of the application, it says it information for it. So the application does not even specifically address if it is general or residential or (inaudible). The information does reference some of that as does the amendment submitted in the amendment letter submitted to me on April 29. Morrow: Mr. Mayor I would move that we instruct the City Attorney to prepare new findings of fact to incorporate any new or additional testimony that was presented tonight for the application for a conditional use permit for a senior citizen boarding/lodging complex by Wayne and Karen Forrey. Corrie: Is there a second? Morrow: I will withdraw the motion. Crookston: The hearing Councilman Mirrow, the record has been closed, we did not reopen the public hearing. I think that you would have to at a minimum indicate that the public hearing was or is reopened for the purpose of accepting what was stated tonight by Mr. Forrey, by Mr. Phillips and by the Council and make it a part of the record before you change or before you have a motion to change the findings of fact. I have no objection to doing that it is up to the Council. Corrie: But we didn't notice it for a public hearing. Crookston: No you did not. Corrie: I think we might have a little problem there. 0 Meridian City Council July 10, 1996 Page 20 0 Rountree: Mr. Mayor, I would move that the City of Meridian hereby adopt and approves the findings of fact and conclusions of law referenced (inaudible) denial on its first page. Morrow: Second Corrie: Motion is made that we approve the findings of fact and conclusions of law on the facts and conclusions with the recommendation of denial, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: The decision? Rountree: Mr. Mayor, I move that the Meridian City Council hereby denies this conditional use application which decision is supported by the above findings of fact and conclusions of law. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDIVISION NO. 2 BY BRIGHTON CORPORATION: Corrie: Is there a representative from Brighton? Wardle: Mr. Mayor, members of the Council, my name is Mike Wardle, as much as we would like to complete the process and as dose as I believe we are we did review the document and have submitted to you an item that is highlighted that shows some desire for action and others are simply informational. Even some of the action items are trivial and perhaps don't really deserve any significant discussion. There are three issues that we still believe could be cleared up before the Council acts. One of them is simply the continued references to senior citizen living community which was not in the application which we don't find any evidence of having been introduced in our discussions. But that could clearly cause some problem because one specific reference in the findings on page 21 MERIDIAN CITY COUNCIL MEETING: JUNE 18 1996 APPLICANT: ITEM NUMBER; 13 REQUEST•REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING LODGING COMPLEX BY WAYNE & KAREN FORREY AGENCY COMMENTS CITY CLERK: 3-12-96 P & Z MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS yr� CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" V' - 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 cffy t SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission March 12, 1996 Page 12 PERMIT FOR A CHEVRON C -STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU WINDOW BY AVEST: Hepper: Are there any additions or deletions or corrections? (Inaudible) Hepper: Apparently we have a revised page where the word maintain has been changed to obtain on page 8, item 7, the last word. Do we have a recommendation on the findings Of fact? MacCoy: Mr. Chairman, I recommend that the findings of fact and conclusions that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Hepper: It has been moved by Commissioner MacCoy and second by Commissioner Shearer to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund - Yea, Shearer - Yea, MacCoy - Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman, the decision or recommendation of the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council 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 Hepper. Motion by Commissioner MacCoy, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING CONTINUED FROM FEBRUARY 13,1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: 41 Meridian Planning & Zoning Commission March 12, 1996 Page 13 Hepper: Do we have a representative? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission I have some slides I would like to show can I switch projectors here for just a minute? Thank you, Commission members my wife and I are really excited about this project. We have applied for a conditional use permit for an elderly planned development general residential project here in meridian. It involves 114 units of elderly housing and a retirement style type campus. It is located on East Pine Street in the area near Locust Grove but it is actually about 1/4 mile West of the Locust Grove/Pine Street intersection, it is right up next to Five Mile Creek. It is actually where you leave the platted portion of the edge of the City and then it is into a grain field right now. There is a tremendous need we have discovered in the City of Meridian. My grandparents live in Meridian and have many family members over the years getting older and in the search several years ago for a retirement center for both of my grandfathers it really became apparent to us that there was a real good need in Meridian for a good elderly retirement center. In fact even though we haven't formerly introduced this to the public just the fact that it was noticed in the newspaper has generated phone calls primarily from elderly ladies wanting to be placed on the waiting list to live here. So we know there is just a really great need. Our site plan includes extensive landscaping and I will show you some of that tonight. We have extensive buffers and very sensitive to the neighbors. It is, my wife and I are purchasing 12.75 acres, it goes from Pine street all the way south to the rail road tracks. We are only proposing the front 5 acres to be used in this planned development project right up next to Pine Street. We have addressed all of the City and agency comments and I have a letter that I would like to give you tonight that confirms how we address each of those items. We don't have any negative impact on schools and I think that is important. Our budget for this project is $8.3 million and that is the value that would be added to the communities tax roll so that is a positive impact on the schools not negative. The employment that we are projecting is 10 to 12 professional paid staff. The planned development requirements in the City stipulates 10% open space but we are proposing 20% and that is based on research and conversations with seniors that want more of a campus environment, a security feeling and that required more setback and landscaping. We anticipate starting construction in the winter of 1996 or early 1997 and opening in Fall of 1997 and let me just walk you through a few slides to punctuate a few points. Then I will go through the staff comment letter. This is actually the site plan showing the four buildings. Ery Olen was here first on the agenda about transportation, even though we are not required to, this is hard to see but on Pine Street right across the intersection of Stonehenge Way we are planning a bus stop. We think someday there is going to be bus service or van/pool service in Meridian. At our expense we have agreed to construct that bus stop. One of the things that is really important to us is how Pine street looks and we envision a very extensive setback and berming, intensely landscaped area • 0 Meridian Planning & Zoning Commission March 12, 1996 Page 14 long Pine. The City asked us to reserve a 20 foot landscape strip we are proposing 35 feet, it is that important to us. Five Mile Creek touches the northwest comer of this property and we are working with Nampa Meridian Irrigation District on a second license agreement. We already have one to use the easement but we want to really landscape and put a pathway along Five Mile Creek on our side of the creek with benches, an overlook area and hand rail. We are negotiating a license agreement with the irrigation district to do that. We envision lots of outdoor garden areas, flower beds, raised with benches and hand rails to enjoy the outdoors especially along the Five Mile Creek area. We are anticipating that we would raise the floor elevation above existing grade probably 2 to 2.5 feet so on the patio areas you would have, they would be elevated above existing grade and there would be berming and slope and hand rails (End of Tape) so it is a terrace effect. That I think will make a very nice outdoor area. The entrance the substantial monument entrance with good landscaping. This is an architectural concept for the two main buildings on the campus buildings A and B. They are L shaped building and that is building pad A and B. Parking is central, we envision an on site maintenance, 24 hour shuttle van service, property management, contracting with professional management company for the operation of the center and the campus and the maintenance. We feel really good about this project and using the site wisely. The City had several comments from staff and from the different agencies. I have addressed each of those in a letter and I would like to hand it out to you. That is all the slides, you can tum the lights back on. I am very flexible I can read each one or I could pick a few key highlights. You will note in there where we were asked to do something we said we would or we have indicated that we agreed with the comment. I would ask that you incorporate this letter into your findings of fact and conclusions of law. We have also asked for a development agreement and would like you to incorporate this letter. One of the things I indicated we would do for Builders Masonry they submitted a letter indicating they were concerned about the compatibility of an elderly center in the proximity to their business. We are about 1/5 mile away from Builders Masonry, a little over 1100 feet away. Because of their concern and I understand their concern I wrote a letter to Builders Masonry indicated that at our expense we would construct a sound barrier wall on our south property line, our extreme south property line which is right next to the railroad tracks. have a copy of their letter, a copy of my response and then a copy of their second response which indicates that we are moving in the right direction and they feel that given some time we should be able to work this out as long as we respect their business and we certainly do. We feel really good about this project and hope that you approve it. It is a substantial project for our family and substantial project for the City. We are ready to proceed if we get approval. I would be happy to answer questions. MacCoy: On your property you said (inaudible) Forrey: No in fact that was another item Builders Masonry brought up. They were worried Meridian Planning & Zoning Commission March 12, 1996 Page 15 that if we developed the from five acres that we would then .move more residential closer to the rail road tracks and closer to their business. I stated in writing and I have it in here that we would not do that. In fact I would ask you in a development agreement to put a restriction on us that this would be the end or limit to this use. The rest of that would be business uses, office and business park on the balance of the property between this and the rail road track. Hepper: Where would the access to that office and business park come from? Forrey: A continuation of Penrith Avenue and possibly the neighbor to the east is developing a business park and we have talked about a possible stub street coming out of that business park and lilting up with Penrith Avenue. Hepper: So Penrith would not be a private drive? Forrey: No, public, it would be 58 feet right of way. That is something that the Highway District asked we do and we agreed to that, all public. Oslund: The whole site there then is one continuous site (inaudible) involved with this one facility? You are going to have a public street that bisects that? Forrey: Yes Oslund: I appreciate the fact that you are working with Builders Masonry Products, if you intend to put in seven acres of what would most likely be a transitional use between this and them 1 guess I fail to see what that wall is going to do? When you come back some day in the future standing at this site you wont' even see (inaudible). Forrey: I have to answer this way, the conditional use process is a good process because it allows people to raise a concern and it gives the applicant a chance to address the concern. Builders Masonry raised a concern I think I have addressed. They are concerned that sound will penetrate from their site into our site and so I have said I am willing to build a sound barrier wall even though this is about 700 feet away from the nearest living unit, 700 feet south it is a negotiation process. I think we ought to look at. I firmly believe in good cooperation and balanced development so I am willing to do that and I have stated it in writing. I know that someday it will lose its effectiveness. Oslund: An alternative would be to and having designed noise barriers, before for highway projects it seems to me, now I am getting involved in your project and I am just telling you this to tell you what I think. A wall along this development closer to this development would make more sense in terns of mitigating noise and it would also be compatible with Meridian Planning & Zoning Commission March 12, 1996 Page 16 the future because it might be a good idea to have a wall between this development and what ultimately will be a business use. Forrey: I absolutely agree and would prefer to do that. My meetings with Builders Masonry said they would prefer to have it closer to them right at the rail road tracks. That was something that we agreed we would consider? MacCoy: (Inaudible) Forrey: Well right now the estimate that I have is $25,000 so I really would, I don't know. I don't want to have to go put that in first before I build any buildings. I would like to be able to build that with the first phase and not have to build it first and then get the building permit. I would like to get it at the same time of the building permit for building A is accomplished. MacCoy: You don't' know what it is made of? Forrey: It says in the letter that we are looking at four different materials and we have had an engineer look at it for us a double pane wood insulated wood, insulated fiberglass, insulated metal or cinder block. Those are the four options that we are looking at. MacCoy: (Inaudible) following Greg's Forrey: And visual as well, sound and visual. MacCoy: Following Greg's viewpoint which I agree with, would you consider on you south edge of doing more in the way even though you have the barrier wall at the rail road tracks the separation between this and the rest of our property there would you consider more trees, more shrubs or mounding which would give you another a secondary barrier if you please? Forrey: Yes we certainly will, I would prefer to move that sound wall right up to the south edge if Builders Masonry could live with that I would like to do that. MacCoy: (Inaudible) Forrey: If you read your letter MacCoy: We haven't had a chance to so far. Oslund: I don't know maybe I am missing something but we are approving the project and Meridian Planning & Zoning Commission March 12, 1996 Page 17 the Council is approving the project what is their connection. If we approve something different than what they like is that a problem for you? Forrey: No it is just that they are a neighbor and I want to get along with them. Oslund: I really, in terms of, if the idea is to mitigate the noise for the folks that are going to live there I don't really feel sorry for the people over at Masonry, noise is a way of life that is not what we are interested in. If the object is to reduce their noise exposure then to me either a berm or a wall needs to be as close as we can get it to them the receptor to be most effective. Forrey: That is my preference too. MacCoy: (Inaudible) Shearer: Heavy trees back by that rail road track would probably help kill an awful lot of sound. Forrey: We have irrigation there as well, we have an irrigation line back there. So that entire south has the Grouper lateral, so it is possible. Hepper: Wayne, what is one the east and west of your project? Forrey: That is tilted, looking up is also looking to the east. So right up next to Pine Street where you see the dimension 110.70 and 64.30 that is a single family home owned by Mr. and Mrs. Collins, it is that nice single level brick home that you see on Pine. On the north side is Maws Addition Subdivision and Danbury Fair Subdivision. On the west side are existing homes, some of them are on one acre lots and some are on two and three acre parcels. It is residential on the west side. Then, behind the Collins home along our east boundary is property owned by Yanke Company and they are proposing a business park in that area. Hepper: What is the zoning on that? Forrey: Light Industrial. Hepper: Do you see any way that your project could cause an impact on their, cause them to do additional things to their property so their industrial zoning wouldn't impact yours? Forrey: No and I have discussed that with Mike Ford and they shouldn't be required to do anything different than the ordinance allows. We should be buffering not them. We agreed 0 • Meridian Planning & Zoning Commission March 12, 1996 Page 18 to that. Hepper: I wanted to make sure that you are putting in sufficient buffering to buffer yourself from an industrial zone that is next door not requiring them to do it when they come in. Forrey: No I understand you ask Gary Lee of JUB we have had that discussion, they should just do everything they can to have a nice business park and not worry about the back lot line we will take care of that. It is a little hard to see maybe on the copy you have but some of that is the Snyder Drain easement and our license agreement we already have permission to landscape that with grass and flowers but we want trees along there so that is going to require a second license agreement which we are working with Nampa Meridian so I can put that buffer in there and use that easement. We will do that (inaudible). Hepper: Is there some way of wording that in the findings or something that you would (inaudible) give up the right to contest any noise that might be generated by a next more industrial zone or you enter into this with full knowledge that there is an industrial zone next door and you won't complain about it. Forrey: Absolutely, we intend to have an office and then business on the south part of our property that is compatible so yes we absolutely agree to that. Hepper: Any other questions? Thank you Wayne, this is a pudic hearing is there anyone else that would like to testify? William Humphrey, 939 East Pine, was sworn by the City Attorney. Humphrey: I have some concerns as far as the ditch, if I may use this graph over here, you have an area there that is the creek enhancement area along Five Mile Drain ditch there, my concerns are, I have been in contact with the ditch company, Nampa Meridian irrigation and to my understanding there is a 50 foot easement there that the ditch (inaudible) what your plans are. Are you going to use that easement or are you going to stay outside that easement or and also to the back of the (inaudible) people that are involved in the lodging there (inaudible) rise and fall according to the weather. I do have some concerns about that as far as the people, elderly people accessing the creek, it could be a safety hazard in that aspect. My other concerns are that the fact that the Grouper Lateral that runs along the property line there also that is a 20 foot easement or setback there and at this present time the ditch company has been cleaning that lateral and for the past 15 years or longer they have been putting dirt on my property as well as the neighbors property. I wondered if that was going to continue or if you are going to take part in that dirt being distributed. (Inaudible) probably those are my most concerns there I just Meridian Planning & Zoning Commission March 12, 1996 Page 19 wondered what the stand was on that as far as the.enhancement area now. To my knowledge I have talked, I have entertained the thought of building on my own property there and as far as the ditch company is concerned 50 foot from the middle of that ditch is just about in the middle of my property there, easement. So that kind of eliminates me building there. 1 am just kind of wondering where we are at on that. Those are pretty much my concerns if you can address that I would appreciate that. Hepper: Okay when we get done we will give Wayne a chance to come back up and address those. Anyone else? Okay Wayne would you like to address that? Forrey: Thank you, building A is the and also Building B are the closest buildings to the Grouper Lateral, it flows along the West boundary from the rail road tracks north of Pine Street. I am aware of the easement, a portion of the Five Mile Creek easement in the northwest corner of the property and Building A and B are not within those easements. I purposely kept those buildings away. In the license agreement that we have we have been informed that we can grass and sod those easements. The license agreement says we are not to plant trees of it we do they can be taken out by backhoes. So we went to Nampa Meridian Irrigation District and said we really need to plan trees in there to dress that up and make that an amenity. The creek can be very beautiful right there so we want to make it safe but also visually very nice to the residents. Not access to the Creek like the waters edge but a nice bench and a pathway far enough that it is safe but also just relaxing just to sit there. Now under that condition Nampa Meridian said you are going to put a park bench in our easement and some trees and an asphalt pathway and we said yes and they said well you need a second license agreement and you need to accept the liability if we go in and have to do any work and we are willing to do that. My letter mentions that and we have an attorney preparing that language right now. It is in our best interest to improve that creek not to upset the Grouper lateral in any way, that feeds the pressurized irrigation in Danubury Fair, it is the same water we will take our pressurized irrigation off with our water right. So we will protect and maintain the Grouper lateral, we will work with the creek and subject to that license agreement with Nampa Meridian. We are not proposing any buildings in that easement. Hepper: Is there a maintenance road down there on one side of the ditch? Forrey: Yes and it is on our property, a portion of it is. Hepper: Would you be covering up that maintenance road with sod? Forrey: Yes we are proposing to do that but t hey will still be able to use it. We will work that into the landscape the concept there. They will have access but they will be driving over sod. So we are going to make sure the Grouper Lateral stays nice and clean and Meridian Planning & Zoning Commission March 12, 1996 Page 20 (inaudible) we are not going to ignore it and just put it out of mind and let it be messy, we have to work with those amenities. That is our concept, it might change because the irrigation district, they are kind of tough to deal with, but we are going to try. Hepper: Any other questions? Thank.you, this is a public hearing is there anyone else that would care to testify? If not I will close the public hearing, this requires findings. Shearer: Mr. Chairman I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: It has been moved by Commissioner Shearer, seconded by Commissioner MacCoy to have the attorney prepare findings of fact and conclusions of law Oslund: Can we have some discussion on that before we take a vote? We can have discussion on a second right. I guess instead of waiting until the next meeting I would like to see in the conditions that barrier be placed at the property of this development rather than way over there by the rail road tracks. That would the only thing I would like to see in there Crookston: The south boundary of this project? Oslund: That is correct, and maybe, I don't recall what the distance was or the width of that landscaped area but in addition to that wall possibly a six foot wall combination with a berm or something. Hepper: Do we need to amend the motion? Okay, we have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM FEBRUARY 13,1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Hepper: Is there a representative? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission, Jim is a good friend, met him is OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIANGLENN CHARLES E R. BENTLEY BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. 'BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 8884443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRTE MALCOLM MACCOY Mayor MEMORANDUM: February 9, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En ineer (� Shari Stiles, P&Z Administrator Re: PINE CENTER PARK by Wayne and Karen Forrey (Request for Conditional Use Permit) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 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 inigation/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 Developoment Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-2- 414.D.4 and 11-2414-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. 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 (Ord. 557, 10-1-91). C:\W PW1N60\GENERAL\P1NEC7R.CUP Mayor, Council and P&Z February 9, 1996 Page 2 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. 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 Works Superintendent. 12. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. SITE SPECIFIC COMMENTS 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 subdivision designer 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 at a location 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. Provide 50 -foot radius paved temporary turnarounds at the proposed stub street. 4. 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. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and required buffering of adjacent property. 6. Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. Site C:\WPW IN60\GENERAL\PINECTR.CUP Mayor, Council and P&Z February 9, 1996 Page 3 plan shows a 45' right-of-way south of centerline, but distance scales only 40'. Provide evidence of dedication of needed right-of-way to ACRD prior to obtaining building permits. 7. Construct curb, gutter and five -foot -wide sidewalk along Pine Street. 8. Permanent perimeter fencing is to be in place prior to obtaining building permits. 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. 9. A detailed landscape plan is needed showing species and sizes prior to obtaining building permits. 10. The density proposed for this five -acre parcel is greater than what has been allowed by Council in R40 zones. 11. 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. 12. This Conditional Use Permit addresses only the five -acre parcel. If property is being developed as a Planned Development - General, the entire site should be presented for review and approval. 13. The drain that currently exists along Pine Street must be piped in accordance with Nampa - Meridian Irrigation District's standards and 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. 14. Provide evidence of additional approvals required for senior housing complex (HUD, etc.) 15. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 16. 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. 17. Resubmit site plan to an accurate scale detailing all of the above requirements. 18. IfBensaremeg Street is approved to be a private street by Council, the name will need to be changed to Lane. If this roadway is not proposed to be a public roadway, the remainder of the parcel will have no frontage, thus not allowing building permits to be issued. CAWPW IN60\GENERAL\PrNECTR.CUP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WAYNE S. & KAREN L. FORREY CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT PINE CENTER PARK MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 12, 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 been unclear as to the land that was being included in the Application and therefore not adopting Findings of Fact and Conclusions of Law at the April 9, 1996, meeting, but now being informed on the amount of land being included in the Application and now 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 March 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 12, 1996, hearing; that the public was given full opportunity to express comments and FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 1 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 Meridian and the Applicant's stated they are not the owners of the property, 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; that it was represented that the land is currently farmed on a year to year basis, that a wheat crop has been planted and growing well, that none of the out -buildings are in current use, that 12.75 acres are proposed for the Business and Living Center with five acres as a Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as permitted in City zoning code 2-409; that the Applicant submitted a letter, dated April 29, 1996, in response to the inquiry of the City Attorney as to what property he was actually proposing for the conditional use since the Application indicated that 12.75 acres were to be used for the senior citizen complex and business uses; the Application listed the legal description for the conditional use as 12.75 acres; the April 29, 1996, letter indicates the legal description is not changed and thus the City must decide whether the Application is for conditional use on 12.75 acres or 5 acres. The letter does state the senior citizen (elderly) boarding and lodging facility is on the five (5) acre portion Applicant is developing, but the legal description and maps, which showed 12.75 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 2 • • acres as being included in the Conditional Use Permit Application, were not changed. 3. That the property is currently zoned I -L Light Industrial District and 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. That the property is located on East Pine Street near Locust Grove Road. 6. That the Applicants state their APPLICATION FOR A CONDITIONAL USE PERMIT, under Description of Proposed Use, as follows: "To develop a high quality Senior Citizen boarding and lodging Complex in a secure, landscaped, campus setting.", FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 3 and state, in the Information For Conditional Use Permit Application, under 7. Proposed Use of the Subject Property, as follows: "A 12.75 acre Business and Living Center. Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as "P" permitted in City Zoning Code 2.409." Applicant has corrected this in the April 29, 1996, letter to state as follows: "Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex which includes commercial food service plus facilities for elderly resident services. All of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents." 7. That the owner of record is Bedelco, Inc., who consents to this application for a conditional use permit. 8. Mr. Forrey stated in his application that the characteristics which made this conditional use desirable is that residential properties border the site on the North, East and West; that the neighbors want development along Pine Street; that the Park has been designed to locate business uses away from Pine Street and away from the residential subdivisions along Pine Street; that the Senior Citizens Complex will help buffer and provide an aesthetic land use transition for this neighborhood; that neighbors support this concept; that the Snyder Ditch/Drain will be tiled and the easement will be reduced to minimum, with FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 4 0 • design plans having been submitted to the Nampa & Meridian Irrigation District. 9. 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; 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 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 S. of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 5 Zoning and Development Ordinance and in accordance with Americans with Disabilities Ace (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 forall 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. 10. .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 subdivision designer is to coordinate main sizing and routing with the 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 at a location designated by the Public Works Department. All streetlight shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. C. Provide a 50 -foot radius paved temporary turnarounds at the proposed stub street. d. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 6 statement as to the ownership of and operation and maintenance for the pressurized irrigation system. e. That 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. f. That Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. Site plan show a 45' right-of-way south of centerline, but distance scales only 401; that the Applicant shall provide evidence of dedication of needed right-of-way to ACHD prior to obtaining building permits. g. Construction of curb, gutter and a five (5) foot wide sidewalk along Pine Street. h. Permanent perimeter fencing is to be in place prior to obtaining building permits. A minimum 20' planting strip is required along Pine Street beyond required right-of-way; that screening fence shall not encroach on this 20' planting strip. i. That a detailed landscape plan is needed showing species and sizes prior to obtaining building permits. j. That the density proposed for this five -acre parcel is greater than what has been allowed by Council in R-40 zones. k. 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. 1. This Conditional Use Permit addresses only the five -acre parcel; that if the property is being developed as a Planned Development - General, the entire site should be presented for review and approval. M. That the drain that currently exists along Pine Street must be piped in accordance with the Nampa and Meridian Irrigation District's standards and be located outside of the required right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 7 the Five Mile Creek touches the northwest corner of this property and agreements with the Nampa and Meridian Irrigation District to landscape and put an asphalt pathway along the Five Mile Creek on the side of this property, far enough away from the creek for safety concerns, along with benches, an overlook area and hand rail; that it is in our beet interest in improve the creek and not to upset the Gruber Lateral in any way, as it supports the pressurized irrigation for Danbury Fair as well as it will feed this projects irrigation system; that no buildings are proposed in the easement; that parking is central; that this project anticipates on site maintenance, a 24-hour shuttle van service and property management for the operation of the center and campus. Mr. Forrey stated that Builders Masonry is to the south of this proposal by approximately 1,100 feet; that an agreement to construct a sound barrier wall on this project's extreme south property line, next to the railroad tracks was in the best interest in keeping harmony, even though_ the nearest living unit is approximately 700 feet away; that the material for the wall may be double pane insulated wood, insulated fiberglass, metal or cinder block; that no residential dwellings will be built closer to the railroad tracks or Builders Masonry's business; that the Applicant would prefer to have the barrier wall right at the south edge of this property if Builders Masonry could agree; that the access to the office and business park will be a continuation of Penrith FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 11 Avenue, which would be a public road, and possibly the neighbor to the east will be developing a business park, in which a stub street is possible coming out of the business park and linking up with Penrith Avenue; that the maintenance road along the ditch would be worked into the landscaping concept, toinclude sodding, however, access will remain. Mr. Forrey also stated that he'would ask the City, in a development agreement, to put a restriction on them that this would be the end or limit to this use; that the rest would be business uses on the balance of the property between the railroad tracks and this use. 17. That Commissioner'Oslund commented that a barrier wall along this development would make better sense to mitigating noise by having it closer to this development as well as compatibility with the future with what ultimately will be business use. 18. Commissioner MacCoy stated that he was in agreement with Commissioner Oslund's remarks regarding the barrier wall; that even more barrier might be appropriate such as trees, more shrubs or mounding, providing a second barrier. 19. That Builders Masonry Products submitted a letter of opposition to this project and it is incorporated herein as if set forth in full; that this zoning should remain Industrial and that residential developments of any type should not be allowed near existing industrial developments; that this business or others may FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 12 Nampa & Meridian Irrigation District has indicated that, due to the required depth of the pipe (15 foot,+/ -),r their easement cannot be reduced, nor can any trees be planted within their easement. n. Provide evidence of additional approvals required for senior housing complex (HUD, etc.) o. All construction is to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. p. 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. q. Re -submit a site plan to an accurate scale detailing all of the above requirements. S. If Bensaremeg Street is approved to be a private street by the City Council, the name will need to be changed to Lane; that if this roadway is not proposed to be a public roadways -the remainder of the parcel will have no'frontage, thus not allowing building permits to be issued. 11. Central District Health Department, Meridian Fire Department, Meridian City Police Department, Nampa & Meridian Irrigation District, the Ada County Highway District and the Sewer Department submitted comments and they are hereby incorporated herein. 12. That the Meridian Fire Department Chief, Ren Bowers, commented that fire hydrants need to be spotted in the complex as well as fire sprinkler systems; that all codes shall be met, 13. The Nampa & Meridian Irrigation District commented that the Nine Mile Drain courses through the middle of this project; that the right-of-way of the Nine Mile Drain is 100 feet, 50 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 8 0 • from the center each way; that the Rutledge Lateral courses along the south boundary of the project as well, which is 40 feet, 30 feet to the right and 10 feet to the, left of center facing downstream; that the developer must seek approval from the District 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 municipal surface drainage must be retained on site; that if any surface drainage leaves the site, the District must review drainage plans. 14. 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: 1. Dedicate 45 -feet of right-of-way from the ultimate street centerline of Pine Street abutting the parcel (20 additional feet) prior to issuance of building permit or other required permits. The owner will be compensated for this additional right-of-way and must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the parcel, located one foot north of the new right of way line; that this will require relocating the drainage facility out of the right-of-way. 3. Construct Bensaremeg Street as a public street to a 41 -foot back-to-back street section with 5 -foot wide sidewalks with a 58 -foot right-of-way. Provide a paved turnaround to District standards at the south end of the road and an appropriate easement to the District; that Bensaremeg Street FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 9 • shall be offset a minimum of 125 feet from Stonehenge Way, centerline to centerline. 4. Three 30 -foot wide driveways and one 20 -foot wide driveway for the caretaker,'s quarters are approved as proposed on Bensaremeg Street. The northern driveway shall be located as proposed 100 feet south of Pine Street and all driveways shall be separated by a minimum of 50 feet as measured from near edge to near edge. 5. That direct lot or parcel access to Pine Street is prohibited. 15. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; that additional street lighting on the west side of the property be added for night visibility and security of resident occupancy; that additional fire hydrant may be needed on the west side of the parking lot and to be checked out with the Meridian City Fire Department; that the buildings and site to meet the Americans with Disability Act (ADA) requirements. 16. That the Applicant, Wayne Forrey testified that he and his wife, Karen, are purchasing 12.75 acres at East Pine Street and Locust Grove to construct a 114 unit planned development for an elderly retirement style type campus, which will utilize the front 5 acres along Pine Street; that 7.75 acres will be used for the development of a business park (which apparently is not part of this Application); that opening the facility is anticipated for early Fall 1997; that very extensive setback and berming are planned along Pine Street using 35 feet as the planting strip; that FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 10 • • wish to operate 24 hours a day producing noise and congestion unsuitable for residential co -existence; that given the concessions by Mr. Forrey regarding the construction of a sound barrier wall along the south property line as well as to"the screening fence and landscaping, in addition to, signing. and recording a binding agreement clarifying that no further residential uses on the balance of our Pine Street property, Builders Masonry Products desires to work with Mr. Forrey on the best possible solution. 20. That Opal Farrington submitted a written statement in favor of this application; that she would much rather have this than housing; that she would like to see that the trash and garbage created during the building process be kept under control. 21. That William Humphrey testified regarding his concern with the beautifying proposed along the ditch area and the safety hazard in respect to the elderly people accessing the creek; that for approximately 15 years the ditch company has been cleaning that lateral putting dirt on my property; that as far as the enhancement of the area, he questioned whether the dirt would continue to be distributed in the same manner. 22. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 13 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 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 Develonment (PD -R) - 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. 23. The Subdivision and Development Ordinance addresses Planned Unit Development in 11-9-607; that 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 14 9-607 9-607 9-607 0 • 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 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. D PROCEDMtES 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 2. Building materials 3. Landscaping; 4. Screening; 5. Garbage areas; 6. Parking; and 7. Open space. and building design; and color; 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. F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 15 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 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 PD 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. Landscanin 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 16 3. Maintenance Building 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 - 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 (201) 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. 24. 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 Pemtted 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 17 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 Homes as Conditional Uses or Permitted Uses in that district. That in 11-2-409 C Industrial, it does list Planned Unit Development - General as a Conditional Use and Planned Unit Development - Industrial as a Permitted Use. 25. That the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "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."; 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 18 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. 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. 27. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 19 • set time period for which a Conditional Use may be in existence." 28. That there was no other testimony given at the hearing and 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 20 0 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 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." 6. 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. 7. That the conditional use permit, if granted, would be treated as being conducted in a Light Industrial District since that is the zone of the land. 8. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 21 • 0 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. 9. That the definition sections, regarding planned developments, provide some instruction, but only state that they may be entirely residential, industrial, commercial, or a mixture of complementary conjunction of uses. 10. The Applicants listed, on the Application, only the senior citizen boarding and lodging complex as to what the conditional use was being asked for. In the Information for Conditional Use Permit, in Section 7,.as amended by the April 29, 1996 letter from the Applicant, but not in the Application, which was not amended by the April 29, 1996 letter, it does state that five acres will be used for the Senior Citizen Boarding and Lodging Complex under the Planned Development General, which includes commercial food service plus facilities for elderly resident services, essential services of quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance, security, and full handicapped accessibility for elderly Pine Center Park residents; in the Information document, it was also stated that proposed use of the 7.75 acres, apparently, would be used for business uses as "P" FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 22 permitted, but do not state that this would be under a planned development nor do they state what the proposed.uses would be, but this was not included in the April.29, 1996, letter as being a proposed use and did not state that this " 7.75 acres of land was part of the Application. 11. The Applicant testified at the Public Bearing that the 7.75 acres would be used for the development of a business park but did not state the proposed uses that would be in the business park and represented, in the Information document, that the uses would be permitted under the Zoning Code; it is concluded that it is very difficult for the Commission to determined if the uses would be permitted uses without knowing the uses; the 7.75 acres was not mentioned in the April 29, letter amending the Information for Conditional Use, and that land is not now being dealt with in these Findings of Fact and Conclusions of Law. If the Applicant desires to use that land a new application must be submitted. 12. 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 other applications, is that all Planned FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 23 Developments are subject to design review by the City Staff and Council. 13. That since the Applicant stated in his April 29, 1996 letter that the Planned Development would include a: "Senior Citizen Boarding and Lodging Complex, which includes commercial food service plus facilities for elderly resident services and that all of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 2.4 -hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents."; and since Planned Residential Development is defined as: "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."; 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. 14. That with regard to the prime use of a Senior Citizen Boarding and Lodging Complex 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 as a conditional use, but a Planned Unit Development - General Planned Residential is allowed as a Conditional Use. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 24 15. That it is concluded that in Section 11-2-409 Cr 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. 16. That it is concluded that the use actually is a Residential Planned Unit Development and should be treated as such; however, the Commission is unable to determine if there is any difference between a "Planned Residential Development", which is not allowed either as a permitted or conditional use in the Light Industrial District under either 11-2-409, A, RESIDENTIAL, or 11-2- 409 C, INDUSTRIAL, and a "Planned Unit Development - General Planned Residential", which is stated under 11-2-409 A, RESIDENTIAL, as being allowed as a Conditional Use, but under 11-2- 409 Cr INDUSTRIAL, it is not a permitted or conditional use. 17. That it is concluded that a Planned Unit Development - General is a allowed as a Conditional Use under 11-2-409 C, INDUSTRIAL; the question then is whether the applied for use is a residential planned development or whether it is a general planned development; as stated above the Commission believes that the use, as stated, is a residential planned development, but there are enough questions involved with the Application that the Commission believes that it cannot make a recommendation without the questions being answered and the questions should be answered by the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR - Page 25 i 18. That 11-2-418 C of the Revised and Comphad Ordinances of the City of Meridian sets forth the standards'tnder:which the 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 would in fact, constitute a conditional use and a conditional use.permit would be required by ordinance. b. The use may be harmonious with and in accordance with the Comprehensive Plan if the use is determined to be a General Planned Development but would not be if it is determined to be Residential Planned Development; that which ever it is determined to be the Zoning Ordinance requires a conditional use permit to allow the use. C. The use may 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 may 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 use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met. e. The property will need to connect to sewer and water, contingent on positive results from computer model analysis. f. The use 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 26 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 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 use shall be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of -a natural or scenic feature of major importance. 19. 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 when the City Council determines whether the use is a Residential Planned Development or a General Planned Development and whether such use is allowed in the Industrial District, that the City Council place conditions on the use and development if it is determined to be a General Planned Development and deny the Application if it determined to be Residential Planned Development. 20. That if it is determined to be General Planned Development and allowed in the Industrial District 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 27 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED DBCISION AND RECONMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they answer the questions presented in these Findings of Fact and Conclusions of Law and if the Council determines that the use is a General Planned Development and such is allowed in an industrial district, that the Application be approved and conditions be placed on the use and development, as found justified and appropriate by the City Council and that the Applicant and property be required to meet the requirements stated in the Conclusions of Law adopted by the City Council. If the use is determined to be a -Residential- Planned Development that the Application be denied. MOTION: x APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK - Page 28 OFFICIALS • • COUNCIL MEMBERS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. City Treasurer GARY D. SMITH, RE., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE , GLENN R. BENTLEY BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 8884433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 8884443 JIM SHEARER . GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM DATE: May 14, 1996 TO: Commissioner Hepper Commissioner Oslund Commissioner Shearer Commissioner MacCoy Commissioner Johnson r FROM: Wayne G. Crookston, Jr. Meridian City Attorney C ell RE: Forrey Planned Development The problem I see with this Application is two fold. One regarding the Application and the second regarding the Ordinances. APPLICATION a. The original Application stated the proposed conditional use as follows: "To develop a high quality Senior Citizen boarding and lodging complex in a secure, landscaped, campus setting." b. In the INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION and attachments for #3, Legal description of property, attached was the legal description for 12.75 acres; in # 6, Present use of subject property, it was stated the present use, among other things, was that the Forreys were purchasing 12.75 acres from Bedelco; in #7, Proposed use of the subject property, it was stated the use was "A 12.75 acre Business and Living Center with 5 acres as a Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as "P" permitted in the Zoning Code 2-409."; in 8, The District FORREY PLANNED DEVELOPMENT PAGE 1 (present zoning) that pertains to the subject property, it was stated, "The 12.75 acre parcel is zoned industria 'I'."; in #10 it was stated, "We have designed the park to locate business uses away from Pine Street and away from the residential subdivision along Pine Street. The business uses will be located next to the railroad tracks." C. In Mr. Forrey's letter of April 29, 1996, in response to a meeting between himself and Wayne. G. Crookston, Jr. and questions as to the land. being included in the Application, Mr. Forrey made no changes or amendments to his Application but did make the following the following changes to his INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION: 1. Change to # 6, Present use of the subject property, which read: "A wheat crop has been planted and growing well. None of the out buildings are in current use. Wayne and Karen S. and Karen L. Forrey are purchasing the west 12.75 acres of the Bedelco, Inc., property" to state: "A wheat crop has been planted and growing well." 2. Change to # 7, Planned use of the subject property, which read: "A 12.75 acre Business and Living Center. Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex and 7.75 acres of business uses as "P" permitted in City Zoning Code 2.409.11, to "Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex which includes commercial food service plus facilities for elderly resident services. All of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents." 3. Change to # 8, The District (present zoning) that pertains to the subject property, which read: "The 12.75 acre parcel is zoned industrial 'I'.", to "The five acre parcel is zoned industrial 'T'." 4. Change to # 10, Characteristics of subject property which make a conditional use desirable, which read: "Residential properties border the site on the North, East and West. The neighbors want development along Pine Street. We have designed the park to locate business uses away from Pine Street and away from the residential subdivisions along Pine Street. The business uses will be located next to the railroad tracks. The Senior FORREY PLANNED DEVELOPMENT PAGE 2 Citizens Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street.", to, "Residential properties border the site on the North, East and West. The neighbors want development along Pine Street. The Senior Citizen Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. This is a major community development project to help elderly Meridian citizens and help diversify the Meridian economy and tax base." The changes do request the Conditional Use Permit for five ( 5 ) acres but the legal description was not changed. We should be dealing with five (5) acres only and any approval should so state. Should the Commission decide the use based on what was stated for all the uses or just based on the request for planned development? There were no other changes to the Application or the INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION. ORDINANCES A. In 11-2-409 A, Residential, it states: 1. Boarding or Lodging Houses are only allowed as conditional uses in the R-8, R-15, R-40 and Old Town Zoning Districts. 2. Planned Residential Developments are only allowed as conditional uses in the R-4, R-8, R-15, R-40 and Old Town Zoning Districts. 3. Planned Unit Developments - General Planned Residential, are allowed as conditional uses in the R-40, L -O, C -N, C -C, C -G, Old Town, Technical District, and Industrial Zoning Districts. B. In 11-2-409 C, Industrial, it states: 1. Planned Unit Development - General is allowed as a conditional use in the R-40, L-0, C -N, C -C, C -G, Old Town, Technical District, and Industrial Zoning Districts. 2. Planned Unit Development - Industrial General is only allowed as a permitted use in the Industrial Zoning District. 3. No other Planned Unit Development are allowed in the Industrial District. FORREY PLANNED DEVELOPMENT PAGE 3 The question then is what is the difference between a Planned Residential Development and a Planned Unit Development General Planned Residential? Is there any difference between the two uses?" If a Boarding or Lodging House is only allowed in the R-8, R- 15, R-40 and Old Town Zoning Districts under the Residential District provisions of 11-2-409 A. RESIDENTIAL, how can it be allowed as part of a Planned Unit Development under the Industrial District provisions? How can a Boarding and Lodging House be allowed as part of a General Planned Development in an Industrial District, 11-2-409 C., when they are not so allowed in the Industrial District under the Residential provisions of 11-2-409 A. What must be looked to first,.the provisions of the District in which the property is located and then the specific use to see if it is shown as being allowed 'in the District in which it is located? As an example, Mr. Forrey's land is zoned Light Industrial. Do you look first to see what is allowed in the Light Industrial District and if the use is not stated as being allowed, is the application denied? Under Light Industrial boarding and lodging houses are not listed as allowed. Should the Application be denied? But the Application is for a general planned development which is allowed. in the Industrial District and therefore should the use, which includes a boarding and lodging complex, be permitted? Do you look first to the Boarding and Lodging House provisions, which are only in the Residential provisions of 11-2- 409 A? But Mr. Forrey's land is not in a Residential District. Should it be decided first what the actual use is? In Mr. Forrey's Application, the primary use is the boarding and lodging use. He has stated additional uses, but are they accessory uses customarily related to the primary residential use in reasonable support or convenience of the residential use of the occupants of the boarding and lodging complex? These are many of the questions that have arisen in my mind in dealing with this Application. I imagine that there are many others. FORREY PLANNED DEVELOPMENT PAGE 4 WILLIAM G. BERG, 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 00 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 Works/Building Department (208) 887-2211 Motor Vehicle0rivers License (208) 8884443 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: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a senior citizen boarding, lodging complex BY: Wayne & Karen Forrey LOCATION OF PROPERTY OR PROJECT:_ East Pine Street near Locust Grove Road ,Ill►A InWKICAN_ P2 Malcolm Maccoy, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z TIM HEPPER, 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 & 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 YOUR CONCISE CITY OF MERIDIAN OFFICIALS ALM G. BERG, 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 WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C�GLEENNN M. 5Ar7 v R. B NTLEYEE 33 EAST IDAHO MERML4N, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Budding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER t;o 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: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a senior citizen boarding, lodging complex BY: Wayne & Karen Forrey LOCATION OF PROPERTY OR PROJECT: East Pine Street near Locust Grove Road ,IIM InWKICAN. P/Z Malcolm MacCoy, P/Z JIM SHEARER, P2 GREG OSLUND, P2 TIM HEPPER, 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 & FINAL PWF-IVF,(:) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION JAN 1 91996 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICTCIW OF hiERIDIAN 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 ,+_ I q ` OTHER:_ YOUR CONCISE REMARKS: prw jp ex . w F %rcE 5Ar7 v .- Sal S f�-f S-frkc.'> ""<) w i 6 -e e t;o Te pA.Li. --.v �t•e N �?fit m '� ° ~ m m wa� 7°m n E `�' 0* a .�o °• F w w �rO v s a a A 'Y'a 9 a �° a• �.•e e, c I �� eo " "^ p '11 '° N y O O ,".•1C Sp 31 5 7° 5 O '•"f � r .e s �. 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BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary February 8, 1996 TO: Wayne S. Forrey Karen L. Forrey 3045 Thayen PI Boise, ID 83709 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU -2-96 Pine St near Locust Grove Rd Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on February 7, 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 9 Boise, Idaho 83714-6499 * Phone (208) 345-7680 N N ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU -2-96 Pine Street near Locust Grove Road Senior citizen's facility City of Meridian The applicant is requesting conditional use approval to construct a 114 -unit senior's complex on 5.0 acres. The 5 -acre site is located on the south side of Pine Avenue, west of Locust Grove Road. This development is estimated to generate 456 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Pine Avenue NOTE TO COMMISSION: This application is one which would possibly be eligible for staff level approval under a proposed policy amendment being developed for consideration by the Commission. ACHD Commission Date - February 7, 1996 - 12:00 p.m. r Kufvi e4 rPdr, rurtKF, Y FROM: i uAlt:l(o J - q(v (3uft,t�0 4�rt stn rPan1� Parva NG nis Pam: Fax:: Fax r .3iPo� - ��l/�0 PHOW C 36vZ - 93;f S' V 1 aij Mow � V oa► 3�a 9 lt1'!'701 3y � y � � CD _ =; Fn- id�I vt �f3H3N01.S N r �C/) ILJ o co ti 1� South 132.67 1 way 45' ROW �.�• Strt. � G^Sr:S Pine Street 0 W h O W Business and Living Cenier m ICF �� — N � N I T r DEVELOPMENT FEATURES — Senior Citizen Boarding and Lodging Facilities Five Acre Site - 115 residential dwelling units J Building A, 2 Story, 48 units independent living, central dining g Building B, 2 story, 48 units assistedlndependent living, central dining} N o� 12.75 ACRE CAMPUS Building C, 21/2 story, 9 units independent living, central dining Building D, 2% story, 9 units independent living and dining CIN OF MERIDIAN, IDAHO — On-site, 24 hour property maintenance and management residence. ANNEXED AND ZONED "I" — 50' private roadway constructed to ACHD C3 -NP -50' standards with 5' sidewalks. 5.0 Acre Senior Citizen Boarding — All City utilities available to site. and Lodging Complex as — Snyder Ditch/Drain will be tiled and easement will be reduced to General Planned Residential minimum. Design plans have been submitted to NMID 2-409 Meridian Zoning — Parking design to City dimensional standards, 60' and 90°. Schell Schedule of Use Control, Allowed by Conditional Use — Variance is necessary to allow 90 parking spaces instead of 1 15 , due to decreased parking demand of senior I Permit and Building Permit citizens. — Density = 114 units on 5 Acres = 22.8 DU/AC 7.75 Acre Business Park - - Open Space 1.01 Acres, accessible and available to all occupants within the PD. Permitted Industrial Uses, 2-409 Meridian Zoning Schedule of — On -Site 24 hour shuttle van service Use Control. "P" uses allowed — S.L. = Street Light — F:H. = Fire Hydrant by building permit — Pressurized Irrigation System — Development drainage retained on-site Elevator service in Buildings A a (1 a ,. „ Facts and Findings: A. General Information I -L - Zoning 5 - Acres (12.75 acres entire parcel) 115 - Proposed dwelling units 40,000 - Approximate square footage for proposed buildings 0 - Square feet of existing building 0 - 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 90 -feet required right-of-way (45 -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 5 -acre parcel. The preliminary plat was not approved by the City of Meridian. C. The applicant is proposing a north -south 50 -foot private roadway constructed to ACHD standards from Pine Street. Staff recommends that the road be constructed as a public street 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 125 -feet east of Stonehenge Way, which is the District's minimum separation for local streets. If the street is a public road, a paved temporary turnaround and appropriate easement will be required. D. The northern most driveway on the private street is proposed to be approximately 100 -feet south of Pine Street. This separation meets District standards. If the street is a public road, three of the driveways proposed should be 30 -foot wide curb cuts and the caretaker driveway should be a 20 -foot wide curb cut. E. In accordance with District policy, staff recommends that the applicant be required to construct 5 -foot wide concrete sidewalk on Pine Street abutting the parcel (approximately 414 -feet). F. The application states that the Synder Ditch/Drain will be tiled. MCU296. WPD Page 2 G. No access to Pine"treet is proposed. H. The applicant intends to construct a bus turn out on Pine Street abutting the parcel at a future date. Staff supports planning for future transit. The turn out should be constructed at the developer's expense. If the bus turn out needs additional area outside of the right-of-way, the applicant should consider coordinating an easement with the City of Meridian. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on February 13, 1996. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Dedicate 45 -feet of right-of-way from the ultimate street centerline of Pine Street abutting the parcel (20 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 ACHD Ordinance #188. 2. Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the parcel (approximately 414 -feet), located one foot north of the new right-of-way line. This will require relocating the drainage facility out of the right-of-way. 3. Construct Bensaremeg Street as public street to a 41 -foot back-to-back street section with 5 - foot wide sidewalks with a 58 -foot right-of-way. Provide a paved turnaround to District standards at the south end of the road and an appropriate easement to the District. Bensaremeg Street shall be offset a minimum of 125 -feet from Stonehenge Way, centerline to centerline. 4. Three 30 -foot wide driveways and one 20 -foot wide driveway for the caretaker's quarters are approved as proposed on Bensaremeg Street. The northern driveway shall located as proposed 100 -feet south of Pine Street and all driveways shall be separated by a minimum of 50 -feet (as measured from near edge to near edge). 5. Direct lot or parcel access to Pine Street is prohibited. MCU296. WPD Page 3 Standard Requireme'91 P N 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 specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequu4. The written request 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. The request for anneal shall specifically identify dentify each requirement to be reconsidered and include a written explanation of why such a req it m n would result in a substantial hardship or inequity. 3. A right-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. utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission, 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. 5. Locate driveway curb cuts a minimum of 5 -feet from the side lot 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). MCU296. WPD Page 4 10. Provide written alprol from the appropriate irrigation/�a' a 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 the centerline of any road; and the short leg measured from the curb 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 ACRD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. MCU296. WPD Page 5 20. Specifications, lance surveys, reports, plats, drawings, pla•�sign 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. FEB A - IQQB MCU296.WPD Page 6 cT CENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DEPARTMENT Environmental Health Division�'�c'E '%/F—Q in�!30"1996 Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian Conditional Use # Z09 j-/^� F 601fAL ❑ Kuna Preliminary / Final / Short Plat ❑ 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. ❑ S. 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: ,:ER- 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 ❑ central water ,�] 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. Z] 14. We will require plans be submitted for a plan review for any: food establishment ❑ swimming pools or spas ❑ child care center 15. ❑ beverage establishment ❑ grocery store if M Er7 Ci"/jam/6 - /S Date: / .2-6 /'r6 �E Reviewed By: _ CDHD I0/91 rcb, rev. I/9S Revie eet CCENTRAL A• ®ISTRICT �111'HEUTH DEPARTMENT N MAIN OFFICE • 101 N. ARMSTRONG PL • BOISE, ID. 83104 • (208) 315-5211 a FAX: 3214500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS 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: 4) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR- STORMWATER ORSTORMWATER AND SITE DRAINAGE MANAGEMENT. Sewing Valley, Elmore, Boise, and Ada Counties Ada / Boise County Oltke WIC Boise - Merman Elmore County Olttee Elmore County Oflfce Valley County Oltke 707 N. Armstrong P1. 1606 Roberts 520 E. 8th Street N. of Environmental Health P.O. Box 1448 Boise. iD. 83704 Boise, ID. Mountain Home, ID. 190 S. 4th Street E. McCall. ID. 83638 Enviro. Health: 327.7499 83705 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home. 10. Ph. 634-7194 Family Planning: 327-7400 324 Meridian, ID. 83647 Ph. 587-9225 Immun¢ations: 327.7450 83642 Ph. 888-W5 Nutrition: 327.7460 WIC: 327.7488 Nampa & Meridian Irrigation District's Ninemile Drain courses through the middle of the project. The right-of-way of the Ninemile Drain is 100 feet: 50 feet from the center each way. Contact John Caywood, Bureau of Reclamation, 2.14 BrQadway, Boise, Idaho as the Ninemile Drain is a contract drain. Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south boundary of the project. The right-of-way of the Rutledge Lateral is 40 feet: 30 feet to the right and 10 feet to the left of center facing downstream. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to developments within this District. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District WILLIAM G. BERG, 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 00 HUB OF TREASURE VALLEY " COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIAN ID RONALD R. TOLSMA C E GLENN R. BENTLEY 33 EAST IDAHO MERIDLAI, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 �o - a Public Works/Building Department (208) 887-22i;R L� JOHNSON, Chairman TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER ROBERT D CORRES JAN 2 4 1996 GREG OSLUND MALCOLM M CCOY Mayor NAMPA & Mtr1i0IAN IRRIGATION DISTRICT 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 Cleric by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a senior citizen boarding, lodging complex BY: Wayne & Karen Forrey LOCATION OF PROPERTY OR PROJECT: East Pine Street near Locust Grove Road ,nnn InWKIRON_ P2 Malcolm MacCoy, P/Z JIM SHEARER, P2 GREG OSLUND, P2 TIM HEPPER, 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 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: RP-6kil V, FE 0 F[N 0 11991 CITE' Of WRIQIAN N 00 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Wayne S. Forrey Boise 343-1884 3045 Thayen Place SHOP: Nampa 466-0663 Boise, ID 83709 Boise 345-2431 RE: Land Use Change Application for Sr. Citizen Boarding/Lodgin Dear Mr. 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 Al edelco, Inc. ity of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 26 April 1996 Mr. Wayne S. Forrey 3015 Thayen Place Boise, ID 83709 IREG"VED APR 3 0 1996 F MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: PINE CENTER PARR/MERIDIAN Dear Wayne, Previous conversations with you and also looking at some preliminary sketches you showed us that you wanted to do some tree planting in place of fence along our Snyder Drain where it travels in a North to South direction, parallel to the old Snyder home. At that time there was some discussion regarding the possibilities of the developer or the property owner taking all maintenance on this stretch of the Snyder Drain. We have entered into similar agreements, never before with landscaping, but I would like to see some permanent plans by which to comment and base my decision on. The letter which you wrote me in regards. to wanting the District to send over a sample agreement to prepare this Landscape License Agreement is one that doesn't exactly exist. Our attorneys prepare all License Agreements for the Board of Directors to sign at the District, we just need to know the facts. So, what you are requesting doesn't actually exist, nor do I believe that the Irrigation District Directors would sign an agreement such as this without having our District's attorneys prepare it. Could make arrangements to bring some solidified plans over. I do have some other concerns in this immediate area. One is the Five Mile Drain which travels along the West side of the property line. The Five Mile Drain easement is a concern and, also, the District's Snyder Lateral which parallel's the Five Mile Drain. Both of the facilities need to have access to them. It would probably be best if we addressed your whole development area at once instead of piece-mealing it. It would also keep the cost down to the developers as far as a License Agreement, instead of having to do multiple ones or addendums to other agreements. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 D 26 April 1996 Wayne S. Forrey Page 2 of 2 Please contact me at your earliest convenience so we can get this matter settled. Sincerely, !• jJ0111 John P. Anderson, District Water Superintendent NAMPA AND MERIDIAN IRRIGATION DISTRICT JPA/adh pc: Each Director Secretary/Treasurer Asst. Water Superintendent Rider 3 City of Meridian Ada County Development Services File WILLIAM C. BERG, 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 COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERN IDIA RONALD R. TOLSMA C E GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83612 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman TIM HEPPER Motor Vehicle/Drivers License (208) 8884443 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:. TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST:: ,for a senior ciltizen boarding, lodging C_qWox BY' Wavne & Karen Forrev) LOCATION OF PROPERTY OR PROJECT: E W Pins gbVftnswlo lew.,A&--a ,nee InwN.g0N_ P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, PR TIM HEPPER, 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 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: YQUR CONCISE REMARKS: LTJ CITY OF N1Et�1 W WAYNE S FORREY Wayne S. Forrey, AICP Urban Planner and Development Analyst 3045 Thayen Place Boise, Idaho 83709 P. Telephone (208) 362-9345 Fax (208) 362-9416 comprehai .;wr l"Anniny 1 29 April 1996 RE,cEwED city i'. Royional r an UPriates APR 3 0 1996 citron CITY OF MERIDIAN Pr,(tici rwion Mr. Jim Johnson, Chairman c:ninmunlly and Commissioners F,c.IaIons Meridian Planning and Zoning Commission t,rcwtlr City of Meridian Mnnagamun' 33 E. Idaho Ave. flan lolpiomentalion Meridian, ID 83642 %oning, Annexation : pine Center Park — Elderly Boarding and Lodging Facility — Business and Living Center P. fJevolopmcnl Uio nances Dear Chairman Johnson and Commissioners: Coria AnalygiS I wid On March 12, 1996, the Meridian Planning and Zoning Commission conducted a Development public H on our Conditional Use Permit (CUP) request for Planned Development Planruno .ti �� Nngoliatiori$ General, Pine Center Park Elderly Boarding and Lodging Facility. Your Commission voted Inlrtraln.cture for Findings of Fact/Conclusions of Law to be prepared. At the April 9, 1996, Planning and Plannino Zoning Commission meeting, the Findings of Fact/Conclusions of Law were not available and Revyou asked the City Attorney to meet with me to expedite preparation of Findings of Fact/ HAM,lie�tion HAM, Conclusions of Law. I met with the City Attorney on Thursday, April 25, 1996, and we discussed an issue which was misunderstood by the City Attorney. I agreed to write this Lcon"rnicletter t0 the City 8s an addendum t0 our CUP application in order to clarify this rjavelocn.ont misunderstanding and allow Findings ofFact/Conchitsions of law to be completed. coma,:,rmy Uwo opmant Finance Analysis The misunderstanding involves the total property (12.75 acres) versus the five we portion we are developing as an elderly boarding and lodging facility. The City Attorney was Fiscal lmphr..uans led to believe that we were including the entire 12.75 acre site in the Conditional Use Permit Planned Development General request. This is not the case ... and I believe our application Fund'ny Slrvlcrin:w made this clear. However, I agreed to prepare an addendum to our CUP application to c'uul c 10ilry clarify this misunderstanding. There are 15 required items in our CUP application and I will Evaluation address each one as follows: Prnjner Mlrr,lyWn�ai� #1. No change— current application is correct. #2. No change — current application is correct. Planning #3. No change — current application is correct. Serviccs to c Iles s conks #4- No change — current application is correct. #5. No change — current application is correct. #6. Addendum as follows: "A wheat crop has been planted and is growing well." 09 APR 30 '96 16:27 362 9416 PAGE.01 FROM. WAYNE S FOR REY 07. Addendum as follows: "Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex which includes commercial food service plus facilities for elderly resident services. AD of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents." #8. Addendum as follows: "The five acre site is zoned hidustrial T." #9. No change— current application is correct. #10. Addendum as follows: "Residential properties border the site on the North, East and West. The neighbors want residential development along Pine Street. The Senior Citizen Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. This is a major community development project to help elderly Meridian citizens and help diversify the Meridian economy and tax base." #11. No change — current application is correct. #12. No change — current application is correct. #13. No change — current application is correct. #14. No change — caurent application is correct. #15. No change — current application is correct. 1 hope this addendum information clarifies any misunderstanding about the amount of property that we propose to develop under CUP procedures in Meridian. Thank you for giving us the opportunity to prepare this addendum. Please approve our Conditional Use Permit Planned General Development in Meridian. We are committed to constructing a high quality campus for elderly citizens in Meridian. Thank you. Respectfully, Wayne S. Forrey, A.ICP Owner APR 30 '96 16:28 362 9416 PAGE.02 P. 002 Wayne S. Forrey, AICD Urban Planner and Development Analyst 3045 Thayen Place Boise, Idaho 83709 Comprehensive Planning / City & Regional Plan Updates Citizen Participation Community Relations Growth Management Plan Implementation Zoning, Annexation & Development Ordinances Code Analysis Land Development Planning & Negotiations Infrastructure Planning Revitalization Plans Economic Development Mr. Jim Johnson Meridian Planning and Zoning Commission 33 E. Idaho Ave. Meridian, ID 83642 • 12 March 1996 Telephone (208) 362-9345 Fax (208) 362-9416 if0 RECEIVED MAR 12 1996 CITY OF MERIDIAN RE: PINE CENTER PARK — Written Response to File Comments and City Memorandum dated February 9, 1996. Dear Chairman Johnson and Commissioners: Thank you for giving us an opportunity to address each of the comments contained in our project application file and the February 9, 1996, memorandum from Mr. Bruce Freckleton and Ms. Shari Stiles. We have reviewed all of the comments in our file packet and we have prepared the following response: A. Meridian Police Department — We understand from the initialed comment sheet that our project has been reviewed by the Police Department. No comments provided. B. Meridian Fire Department — We agree with the Fire Department comments. We will comply with City Codes and we will install a fire sprinkling system within the structures. Community Development C. Central District Health — We a with thesecomments. Our food service gree agency Y Finance Analysis plans will be submitted to CDH prior to the building permit application. Fiscal Implications D. Nampa -Meridian Irrigation District — The NMID comments in our project packet do not pertain to our property. We cannot address these comments as presented to Funding Strategies us. By way of clarification, let me explain that we already have an approved, Public Policy recorded, license agreement with Nampa -Meridian Irrigation District. (See recorded Evaluation instrument 995084886, Ada County Recorder.) Project Management Our license agreement requires us to tile the Snyder Drain in accordance with NMID Contract specifications. We are currently tiling this drain. There have been wet weather Planning delays but this work should be completed within two weeks. Services to Cities & Counties Also, we are filing a LAND USE CHANGE APPLICATION and Second License Agreement with NMID to authorize private operation and maintenance of the Snyder Drain line in exchange for landscaping use encroachment and reduction of �M, Page 1 of 6 the Snyder Drain easement on our property. We have a good working relationship with NMID and we have been assured by them that if we agree to accept operation, maintenance and liability of the new underground drain tile, we can use the easement for fencing, landscaping and building encroachment. Our attorney is preparing a land use change application and license agreement for NMID review and approval. E. Commissioner Malcolm MacCov — We agree with Commissioner MacCoy's comments. We will absolutely make sure that there are sufficient security lights and fire hydrants for the campus. Also, we will comply with ADA requirements. Please see updated site plan. F. Meridian Sewer Department — We have discussed sewage pretreatment with the Waste Treatment Plant manager Mr. John Shawcroft. Mr. Shawcroft desires that we install a standard kitchen grease trap in the sewer line serving the cafeteria. We had already planned this grease trap facility -- so we certainly agree with Mr. Shawcroft's comment. G. Ada County Highway District — The ACHD Commissioners approved our project on February 7, 1996. We fully agree with ACHD conditions. H. Builders Masonry Products — We fully understand the business needs of Builders Masonry Products and we will be a good neighbor. We have situated the elderly campus so that the closing living unit is about 1/5 mile (1,100 feet) away from Builders Masonry Products. We have clustered the campus along Pine Street and we definitely intend to develop compatible business uses on the 7.75 acre balance of our property which is the area closest to Builders Masonry Products. In addition to siting the elderly campus away from Builders Masonry, we have stated in writing our desire to construct a sound barrier wall along our south property line (along the railroad tracks) in addition to the screening fence and landscaping that will be built around the elderly campus. (See attached February 12, 1996, Wayne S. Forrey letter.) Our engineer tells us that the best construction for this type of application is double pane, insulated wood, fiberglass, metal or masonry block. The height will be at least 6 feet, possibly 7 feet in height. This sound barrier wall will be located about 700 feet south of the elderly campus and will provide an excellent and effective visual and sound buffer between our property and Builders Masonry. To provide assurance that we will not develop additional residential uses on the remainder of our property, I desire that you place a restriction in our CUP stating that "no further residential uses on the balance of the applicant's Pine Street Property". I request that we enter into a development agreement, which would be recorded, to formalize this restriction and give confidence to Builders Masonry of our limitation and restriction. Please also note that Builders Masonry submitted a second letter to the City dated February 13, 1995, (should be 1996), stating "We at Builders Masonry Products at this time have not changed our position (please refer to our letter dated February 9, 1996). However, we do feel that with Mr. Forrey's concessions (see his letter dated February 12, 1996), that we may be able to come to some agreement if given more time. It is our desire to work with Page 2 of 6 Mr. Torrey on the best possible solution, without harming our established manufacturing facility." The CUP process is working very well in this situation. Builders Masonry has raised a concern ... and we have agreed to place conditions on our project which will mitigate their concerns. This is a good example of a balanced development through the CUP process with neighbor cooperation and City oversight. (Please review attached letters from Builders Masonry and Wayne S. Forrey.) I. Letter from Ms. Opal Farrington — Ms. Farrington supports our project. Evidently during construction of the subdivision on the North side of Pine Street, she had construction debris blow onto her property. I can assure Ms. Farrington and City Officials that we will control our construction site and keep it tidy. Our general contractor for this project routinely hires clean-up helpers for each job. In fact, my son worked for this construction company last summer picking up debris at their job sites. We chose this contractor, in part, because of their construction quality and tidiness. I do not expect any debris problems at our job site. J. General Comments - February 9, 1996- Memo - Mr. Freckleton, Ms Stiles Comment #1 — We are in the final stages of tiling the Snyder Drain. (See NMID License Agreement, Instrument #95084886.) Five Mile Creek is adjacent to our West boundary at two locations. We cannot tile Five Mile Creek. The Gruber Lateral (14" open ditch) flows along the South side and West side of our property. We cannot tile this lateral because we are still farming the balance of the property (7.75 acres). There is a wheat crop on the land at this time. We do not plan on tiling the Gruber Lateral as it flows through the West portion of the elderly campus. We will be using this water to create a lined, pebble -rock brook and pathway water feature. We will have park benches and flower beds along the brook leading along a pathway to Five Mile Creek. This design concept is part of our Land Use Application and License Agreement proposal to NMID. We agree to apply for a variance to ordinance 11-9-605M if NMID approves our water/pathway concept for the Gruber Lateral. We would appreciate City support of converting a small ditch into an attractive, landscaped water brook feature with a pathway and footbridges. Comment #2 — We agree with this Comment. Comment #3 — We agree with this comment. Comment #4 — We are requesting approval of 90 parking spaces. Ordinance 11-2-414 E4 requires one (1) parking space per sleeping room, but we have researched parking needs of elderly and find this standard to be excessive for elderly people. Based on our research at seven (7) Treasure Valley elderly centers, we find that one (1) parking space for every two Page 3 of 6 living (2) units is provided. Boise City parking standards for elderly retirement centers is one parking space for every 2.5 units (11-10-5, Table 12). We will be constructing 90 parking spaces for 115 units which equals a parking ratio of .78 or about three parking spaces for every four dwelling units. This includes adequate space for residents, visitors and employees. We will also develop a bus stop along Pine Street when public transportation is available to Meridian and Pine Center Park. We plan on providing a daily on-site shuttle van service to help elderly people who cannot drive. Comment 45 — We agree with this comment. Comment #6 — We agree with this comment. Our drainage plan will be submitted prior to building permit application. Comment #7 — We agree with this comment. Comment #8 — We agree with this comment. Comment #9 — This property is already annexed into the City and water service is available. Comment #10 — This property is already annexed into the City and sewer service is available. Comment #11 — We agree with this comment. Comment #12 — This has been done. Please see revised site plan map. Site Specific Comments Comment #1 — We agree with this comment. Comment #2 — We agree with this comment. Comment #3 — We agree with this comment. Comment #4 — We agree with this comment. Comment #5 — We will install fencing as follows: Campus Fence = 3 foot high, open cedar picket, dog eared or gothic top, alternating vertical lap, linseed oil finish. Screen Fence = 6 foot high, dog eared ceder, alternating vertical lap, linseed oil finish. Page 4 of 6 Screening fence will be installed along the East boundary, plus a portion of the West boundary between the NMID creek easement and the SW corner of the campus. The creek area will be enhanced and landscaped as a natural area. A Campus style fence will be installed along the North and South boundaries. Several portions of campus style fence will be constructed along Penrith Avenue. A sound barrier wall will be constructed along the extreme South end of the property about 700 feet south of the elderly campus as a mitigation measure to buffer noise from Builders Masonry Products. In addition to fencing, the residential properties to the East, West and North will be buffered by extensive landscaping along the periphery of the campus. Comment #6 — We agree with this comment. See revised site plan. Comment #7 — We will construct these improvements along the South side of Pine Street across our frontage. We intend to develop a bus stop in the future. This has already been approved by ACRD. We request permission to locate all or a portion of this future bus stop within the planting strip along Pine Street which is outside of street ROW. This bus stop will be constructed at our expense. Comment #8 — We agree to this comment, but we ask that the City allow a future bus stop to be constructed within the 20' planting strip. Comment #9 — We agree with this comment. Comment #10 — The City of Meridian has approved developments with densities at the level we propose. However, it is important to recognize that elderly people want to live in a clustered, planned campus with central services. All of the essential services are provided: Quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped, campus setting, including full handicapped accessibility available to elderly Pine Center Park residents. In order to provide all these amenities and services, it is necessary to have the density we propose. We need this density to meet market demand for a very high quality campus development with full services. Comment #11 — We do not need a Record of Survey for this property. We are purchasing the Bedelco property which is a lot of record in the City of Meridian. Comment #12 — We have applied for a Conditional Use Permit for only five acres of our 12.75 acre property. We have not and we do not request a CUP for the 7.75 acre balance of our property. It is not required that the entire property be subject to CUP processing. This is clearly stated in our application and site plan. Comment #13 — The Snyder Drain is currently being tiled. We are working with NMID to file an additional License Agreement which will allow landscaping and encroachment within their easements. Please see response to General Comment #1. Page 5 of 6 • • Comment #14 — We have private financing for this project. No other land use approvals are necessary for this project. Comment #15 — We agree with this comment. Comment #16 — We agree with this comment. Comment #17 — We agree with this comment. Comment #18 — We have agreed with ACRD to allow Penrith Avenue to be a public street dedicated to ACRD. See adopted ACRD approval for Pine Center Park. Thank you for helping senior citizens in Meridian have a special place just for them. You will be very proud of Pine Center Park. Keep up your good work! Attachments Page 6 of 6 Respectfully, W Wayne'S. Forrey, AICP Owner Wayne S. Forrey, AICP Urban Planner and Developmen Analyst 3045 Thayen Place — Boise, Idaho 83709 "Slue Stephanie Churchman, Vice President F,, Cgional BUILDERS MASONRY PRODUCTS 1300 East Franklin Road Meridian, Idaho 83642 ,n 12 FEB 96 Telephone 362-9345 • Fax 362-9416 wmumty Dear Vice President Churchman: I received your letter this morning and I want to thank you for taking the time to review our development plans. I know we can be a good neighbor to u,pl:mentation BUILDERS MASONRY PRODUCTS. When I met with Mr. Mark Smith last week at your plant, we discussed the possibility of constructing a sound barrier wall along our south property line on the North side of the rail road tracks for noise and visual buffering. We also discussed a written, binding agreement indicating no additional residential uses at our site. ,.:Ir;;roCnt The question I would like you to consider and answer is this... Would BUILDERS MASONRY PRODUCTS support our development if we agreed to the following: a) Construct a sound barrier wall along our south property line in addition to the screening fence and landscaping that will be built at the south edge " of the Elderly campus; and, :cloprncnt b) Sign and record a binding agreement clarifying no further residential uses on the balance of our Pine Street property. Please consider the input of Mr. Mark Smith and please consider our desire to construct a wall and enter into a restrictive agreement to protect BUILDERS °� CS MASONRY PRODUCTS. bhC P.:!Cy Once again, thank you for reconsidering our development situation. I hope you „l, can see that we will be a good neighbor! Respectfully; werl�-1:25 Wayne S. Forrey, AICP CC: Pine Center Park Development Team Momber: American Institute GI Cortmed Pla:,rx:r f.n;Cn:,,., i'..p r.: .... „i:r,n iu.:t•., i rn.r;i ,_.., : a O UILDERS MASONRY PROD. 2088854054 : Wayne S . Forrey ==nBZTTLDERS — (on(one s page) 16 .. 1111MASONRY P M A N U F A C T U R E R S & D I S T R I B U T O R S February 13, 1995 City of Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 SUBJECT: Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, SE 1/4 of Section 7, T.3N, R. lE, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Grove Rd. ATTN: Planning & Zoning Commission, 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 the Conditional Use Permit is being sought. Enclosed you will find a copy of a letter from Wayne S. Forrey to Builders Masonry, Products, dated February 12, 1996. This letter is in response to his personal request: We at Builders Masonry Products at this time have not changed our position (please refer to our letter dated February 9, 1996). However, we do feel that with Mr. Forrey's concessions (see his letter dated February 12, 1936), that we may be able to come to some agreement if given more time, It is our desire to work with Mr. Forrey on the best possible solution, without harming our established manufacturing facility. Sincerely, Stephanie Churchman Vice President cc: Wayne S. Forrey, AICP 1300E. FRANKLIN ROAD • MERIDIAN, IDAHO 83642 0 (208) 888.4050 P.01 ItUILI)ERS 1111MASONRY PRODUCTS M A N U F A C T U R E R S & D I S T R I B U T O R S February 9, 1996 City of Meridian Planning & Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 SUBJECT: Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, SE 1/4 of Section 7, T.3N, R. I E, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Grove Rd. ATTN: Planning & Zoning Commission, 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 the Conditional Use Permit is being sought. BUILDERS MASONRY PRODUCTS opposes the issuance of the Conditional Use Permit. It is the opinion of the owners that the zoning designation for the above referenced property should remain "Industrial". Residential developments of any type should not be allowed near existing industrial developments. Manufacturing facilities of various types, including our facility, may generate production (machine) noise and traffic noise levels which are undesirable for nearby residential areas. Plants may wish to operate 24 hours per day producing noise and: congestion unsuitable for residential co -existence. (continued) 1300E. FRANKLIN ROAD • MERIDIAN, IDAHO 83642 • (208)888-4050 February 9, 1996 (page 2 cont.) Over time, as residential properties are established around industrial sites, firms operating in these areas may become subject to restrictions regarding noise levels and operating hours as residents (voters) begin to complain about conditions affecting their neighborhoods. We are aware of several instances in other communities where this has actually occurred. The concrete block manufacturing plant now owned and operated by BUILDERS MASONRY PRODUCTS was established at it's current Meridian site in large part due to the location and "Industrial" zoning designation of adjacent properties. BUILDERS MASONRY PRODUCTS has opposed earlier Conditional Use Permit applications for residential developments in this area on the grounds that residential and industrial sites are not a good "mix" due to the immediate and potential future conflicts over noise, traffic, and safety issues. We request that the Meridian Planning & Zoning Commission deny this Conditional Use Permit, 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, —t - rf\� Stephanie Churchman Vice President C(Opy 132.67 i LI - Outdoor Patio Garden South )neheng Way Pine Street 414.86 A A A . . . . . . . . . ------- DEVELOPMENT FEATURES V V V 0 Existing Water Main Pline O Existing Sewer Main Center .......... -n :* 3 K . (n JPark -n w 'A -p- iD0 u s ine s s and A Lo0 ving mer Cent A A CD A A A CD af Q z ..BUILtERS 1111MASONRY PRODUCTS City of Meridian Planning & Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 February 9, 1996 WcE"ED FEB 0 9 1996 CITY OF MERIDIAN SUBJECT: Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, SE 1/4 of Section 7, T.3N, R.IE, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Grove Rd. ATTN: Planning & Zoning Commission, 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 the Conditional Use Permit is being sought. BUILDERS MASONRY PRODUCTS opposes the issuance of the Conditional Use Permit. It is the opinion of the owners that the zoning designation for the above referenced property should remain "Industrial'. Residential developments of any type should not be allowed near existing industrial developments. Manufacturing facilities of various types, including our facility, may generate production (machine) noise and traffic noise levels which are undesirable for nearby residential areas. Plants may wish to operate 24 hours per day producing noise congestion unsuitable for residential co -existence. (continued) 1300E. FRANKLIN ROAD • MERIDIAN, IDAHO 83642 • (208)888-4050 February 9, 1996 (page 2 cont.) N Over time, as residential properties are established around industrial sites, firms operating in these areas may become subject to restrictions regarding noise levels and operating hours as residents (voters) begin to complain about conditions affecting their neighborhoods. We are aware of several instances in other communities where this has actually occurred. The concrete block manufacturing plant now owned and operated by BUILDERS MASONRY PRODUCTS was established at it's current Meridian site in large part due to the location and "Industrial" zoning designation of adjacent properties. BUILDERS MASONRY PRODUCTS has opposed earlier Conditional Use Permit applications for residential developments in this area on the grounds that residential and industrial sites are not a good "mix" due to the immediate and potential future conflicts over noise, traffic, and safety issues. We request that the Meridian Planning & Zoning Commission deny this Conditional Use Permit, 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, �. n uan h� Stephanie Churchman Vice President OFFICIALS • HUB OF TREASURE VALLEy • WILLIAM G. BERG, JR., City Clerk A Good Placa to Live JANICE L. GASH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Y ��! T O�� Supt JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 8874813 W.L. "BILL" GORDON, Police Chief Public Works/Building Department (208) 887.2211 WAYNE G. CROOKSTON, JR., Attorney Motor VehicletDrivers license (208) 888-4443 ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET 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 TO: FAX NUMBER:_ S4� -' (? 416 DATE:—6 DELIVER TO: �I'A'-oi-re w TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: , YES TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): NO FROM: CITY OF MERIDIAN - FAX NUMBER (208) 8874813 NAME: Gam✓/He TITLE/DEPARTMENT: COMMENTS: fou. �- le Het- o 7c ja-,z v12 s PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 FROM W A Y N E S FORREY P. 001 Wayne S. F'orrey, AICP Urban Planner and Development Analyst 3045 Thayen Place Boise, Idaho 83709 Compr&1wmf;.vv r''1,%nr11r19J r)ity A Rp.0innnl Pan Uxjaw�. c'tiinrl Mr. Will Berg, City Clerk f'nrl+uipuG°n City of Meridian C'':iilrii„+iity 33 E. Idaho Ave. Relation_ Meridian, ID 83642 12 June 1996 Telephone (208) 362-9345 Fax (208) 362-9416 RECEIVED J U N 1 9 1996 CITY OF MERIDIAN W(WWIIr Mana)orner't RE: Mayor Corrie's Directive to Make All Information Requests in Writing to the City Pian ImPtOmorRalion Clerk. Access to Public Information — Pine Center Park CUP for Planned Development General. Zoninry Anr�exalion tr I tovetopment Ordinam,n Dear Mr. Berg: Cade AnntyCtC Thank you for providing me with a copy of the approved minutes of the May 14, Uurd 1996, Meridian Planning and Zoning Commission meeting agenda item #3. The discussion r)nvOiOAmc+nt and action I" w-ning by the Commission was based, in part, on two pieces of information that were IJCpot okluns available to the Commissioners and referenced in the minutes. These two items are Inlrp;,truulure referenced in the minutes as statements by the Planning and Zoning Chairman, Mr. Johnson: Panning 1. " ... Rnvi;(aIvAGU+� there has been an additional or supplemental letter submitted by the City r'Ianz Attorney as well. Whether or not you have had time to read that since it was received Economic today, i don't know." 1)QvOkJUrtlent 2. "There are some options presented by the City Attorney, two specifically that we C2nrnunity could act on." De+elnprc.enl I I+IUfIC9 Analysis t ical 1 am requesting a copy of the "additional or supplemental letter" and I am also trnplft ations requesting a copy of the "options presented by the City Attorney, two specifically . . ." i need these documents as soon as possible so I can prepare for the June 18th City Council Rrrntlin� s`rcttWgies meeting on our Planned Development General Conditional Use Permit Application. N1011C Policy Evaluation f rol,�ct ManaflamPnt n��r,.ri.IW services to C ops 6 covnt:CS �c9 Thank you. wvrp+-erz� Wayne S. Forrey, AICP Applicant JUN 13 '96 10:18 362 9416 PAGE.01 a Meridian Planning & Zoning Commission May 14, 1996 Page 3 MOTION CARRIED: All Yea ITEM #2: TABLED APRIL 9,1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Oslund: Mr. Chairman, I move that we table this item as well to the June 11th meeting. MacCoy: Second Johnson: It has been moved and seconded to table this item also until the June lith meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED APRIL 9,1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING/LODGING COMPLEX BY WAYNE & KAREN FORREY: Johnson: We do have the findings and facts as prepared by our City Attorney at this time, is there any discussion, any comments regarding the findings of fact? There are a couple of small typographical errors, page 2, paragraph, it is just a punctuation. Page 25, paragraph number 17, second sentence, should say an allowed use. Are there any other corrections? These findings of fact and conclusions of law are quite lengthy and somewhat confusing and there has been an additional or supplemental letter submitted by the City Attorney as well. Whether or not you have had time to read that since it was received today I don't know. There are some options presented by the City Attorney, two specifically that we could act on. It might be best that we move this forward to the City to the City Council, that might be one of your considerations. What would you like to do? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact. MacCoy: Second Johnson: We have a motion for approval of the facts as prepared by Commissioner, seconded by Commission MacCoy, this is a roll call vote. ROLL CALL VOTE: Hepper - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Yea MOTION CARRIED: All Yea • Meridian Planning & Zoning Commission May 14, 1996 Page 4 Johnson: Is there a recommendation you wish to pass onto the City? Hepper: Mr. Chairman, 1 move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they answer the questions presented in these findings of fact and conclusions of law and if the council determines of the use is a general planned development and such is allowed in an industrial district that the application be approved and conditions placed on the use and development as found justified and appropriate by the City Council. That the applicant and property be required to meet the requirements stated in the conclusions of law adopted by the City Council. If the use is determined to be a residential planned development let the application be denied. Shearer: Second Johnson: We have a motion and a second for the decision and recommendation for the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL US PERMIT REQUEST FOR A PHOTOGRAPHIC PORTRAIT STUDIO BY BERTON AND DEANNA SPENCER: Johnson: Any comments or discussion, regarding these findings of fact and conclusions of law? Oslund: Mr. Chairman, I Move that the Meridian Planning and Zoning Commission hereby adopt and approves these findings of fact and conclusions. Hepper: Second Johnson: The motion is second to approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper - Yea, Olsund - Yea, Shearer -Yea, MacCoy - Yea MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission 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 ** TX CONFIRMATIDR REPORT ** DATE TIME TO/FROM 19 06/13 14:50 362 9416 OFACIALS WILLIAM O. BERG, JR., Cly Clerk JANICE L GASS, Clly T=wrer P GARY D. SMITH. .E. CRY Engineer BRUCE D. STUART. Water Waft Supt. JOHN T. SHAWCROFT, Wom Water SWL DENNIS J. SUMMERS, Pette SupL SHARI L STILES, P S Z Adndnlstrwor PATTY A. WOLFKIEL DMV SupeMeor KENNETH w BOWERS, Fire ChIM W.L'BILL' GORDON. poke Chef WAYNE G. CROOKSTON, JR.. AtMmey AS OF JUN 13 '%04:54 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#t STATUS G3 --S 03'46" 005 003 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 8874813 Public WO&SIBuildtoE Dq woum (208) 887.2211 Motor VdwklDdvcm lAo me (208) 8884443 ROBED D. COMM Mayor QQuwjL.!!L' mlm WALTW. MORROW, PnK*Mrn RONALD R. TOL.SMA CHARLES M. ROUNTREE GLENN R. BENTLEY PA 2 COMMISSION JIM JOHNSON, ChWm wf TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY FACSIMILE COVER' SHEET TO: FAX NUMBER:, so - 416 DATE: DELIVER TO: Z, /a /01:0:, tro- TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 5 - FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: def' TITLE/DEPARTMENT: COMMENTS: /-r /S J-e2uz,r?4- Atk- you leHef- o-7' j /Z v PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 • �eceryed 6X8-96 LEGAL ISSUES FOR PINE CENTER PARK I. Application is for "Planned General Development (PD -G)" A. Pine Center Park is zone I -L (Light Industrial) B. Must look to City Zoning Code 2-409 C for available uses. See Exhibit A. 1. Planned Unit Development - General allowed with conditional use permit 2. If PD -G - Conditional Use permit should be granted Findings of Fact and Conclusions of Law Pine Center Park - Page 28. C. Definition of Planned General Development (PD -G). See Exhibit B. 1. Definition includes: a. Private recreational facilities b. community facilities c. mix of residential, commercial or industrial uses 2. Pine Center Park uses meet the definition: a. quality living space (residential) b. chapel (community facility - See City Zoning Code § 2-414E (c)) c. van transportation (commercial) d. dining facility and banquet hall (commercial) e. laundry (commercial) g. recreation facility (private recreational facility) h. education facility (community facility) II. This is not a residential zoned or commercial zoned property. But even if those use schedules are reviewed, Planned General Development is still permitted. See Exhibit C. III. Conditional use permit is only for five acres. Cleared up by Wayne Forrey letter dated, April 29, 1996. See Exhibit D. EXHIBIT ►il aauww u wa.aaa. a aawuaauuaawaa �I uu uu uu u uu ul a u a u u yUI a U U U u I to u zi1.4 u 0 0l a 0 al a �Ia a�a �Ia N C O v .� ro • O 'O u +N+ u d .C+ .0 •.+ L c u k a ar C N wO C = •,4 '0 AJ ... O w ..] O N 0. L N a a, ta u 4 E u 0 L C. N ro r -i 7 ka L O C u 0l L a+ tT >4 .a N 'C ro 'v O N u O u O C tT i0 >. O c ++ k. O O H DC ++ L O VI +J 01 .m to r 4 ..a 4)10 r•1 a > •.4 r 4 L. 31 ro N 7 4! a O u L u N W gu N O r•t L O. P4 to ro ro 0! 01 41 C a 0 u V 41 u L O u ro 0. 7 V C. 41 w ►+ N u ro U w 44 C L U 0 O 3 >+ O CT x 0! Q! O O 0 039 =a. a o >. Nw ax ta41 a 10 N C U 43 C+ — Q >r L. N t ro N O 'C O 0 u N w ro u O 44 O N L a L r1 U O L N 1-4 iJ L L C E •.•i M -4 L L 4) - to O ro •14 4-+ Qr 0J o 'G ro c 'O iL ro w O t-4 O a .7 •1 l a tT O C N N 00 0 +1 u C c N 4+ 0 .0 L •M ro •.4 W L x a a w �C ►i • ++ .0 01 .� O Ai >+•4 to a+ c u O v a m v) ML. L U V O aJ ro L L E-4 u a >+ Ai 0 L 0 9 13 C x a L 0 E L .i C u 01 L .J 4J a M r - N L ,C -4 v •.i L 4) U N H VI ro= GG a 0. 4j W Ai W ,k AJ .-t L •.1 4) a +J u u •rt to L fl E1-4 0 O A to L c V 01 7— 4 v .i v b ++ J4 41 N c to 11]] .0 •,4 O 'C E u .0 4-1 ri p, N? 0 0 0 ro ro Or -4 -t tT m 0 -4 7 c C 0 v 7 m 0 o O V G 44 mco u w w LL. w w LL.., ►-+ ►i a s y�� z �J• o to N win u 0 0 0 N r1 N 1191 -4 % - 0 -48- 0 CL. V is ij —1 aa.Va.a.Va.aaaaa WI Er U a U E- 01 UVU V U V) U UC V) I uI �I u F- I oI V d a! aol �I o� ao y N O (� 'Y ... V O C � �U U o O c -moo Q. • ~ V 47 4i N C� ao. OL Q- .0x O Ns N U c O :3.. d d .Ni ' � .b ay+ --d d y t 00 y 3 00 c N a Ca -d W Z a' ✓ S e0 -0 ld tou� C b U y .N C «t •�-�' y N L` o wx % C: ed u�� R E �O Z c On.a.an.a. � C4� o cn3� Z .2 '�( k *-� N W U o O Z � Q i N N -48- 0 CL. V is A • DCHIBIT� 0 governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to the limit of the - bond, or the surety will itself complete the requirements of the approved plat or plan. ?e =itted Use - The utilization of land which shall be perm tted to take place in any district as set forth by this Ordinance. ?fanned Development (?D) - 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 ?D may be entirely residential, industrial, commercial or a mixture of compatible uses. k 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 sore created districts of this Ordinance. Planned Commercial Development (?D -C) - Any development in which the principal use of land is for commercial purposes. ?fanned 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 (?D -I) - Any developmentsinwhich 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 Develooment (?D --k) - 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. Poult v Slauahte house and/or Poult-v Pack,na Plant `commercial) - All establishments maintained for the slaughtering of poultry or preparing or processing of poultry products for human consumption in any farm and wherein said products are so prepared f o r sale to the retail outlets. (Ord. 430, 4-2-34) 1191 -20- • . EXHIBIT--L--O x:i HI E-1 O V UVaUat3. 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V O U) d O M oh a4 Cl a q a Z n N N 1 to w i on Wayne S. Forrev. A1C1* Urban Flaranr.. 3045 Thayen Place c , irinho 83709 COmpr r: her � ra ; Panna"', / City P. Ru9innal Plan updates EXHIBIT 1) T, Mr. Jim Johnson, Chairman and Commissioners Meridian Planning and Zoning Commission City of Meridian .',,;rn�p•n1Cnl 33 E. Idaho Ave. Llan Implroncntaticn Meridian, ID 83642 29 April 1996 {r,._ ,.-93 - �:+ :!';2 941 ,'un;n% r,nwc ation RE: Pine Center Park — Elderly Boarding and Lodging Facility — Business and Living Center .11 Dovooplmnt Ordinances Dear Chairman Johnson and Commissioners: Coda As;,dyai5 On March 12, 1996, the Meridian Planning and Zoning Commission conducted a Public Hearing on our Conditional Use Permit (CUP) request for Planned Development General, Pine Center Park Elderly Boarding and Lodging Facility. Your Commission voted for Findings of Fact/Conclusions of Law to be prepared. At the April 9, 1996, Planning and f Fact/Conclusions of Law were not available and Zoning Commission meeting, the Findings o you asked the City Attorney to meet with me to expedite preparation of Findings of Fact/ Conclusions of Law. I met with the City Attorney on Thursday, April 25, 1996, and we discussed an issue which was misunderstood by the City Attorney. I agreed to write this letter to the City as an addendum to our CUP application in order to clarify this misunderstanding and allow Findings of Fact/Conclusions of law to be completed. r,, 1 The misunderstanding involves the total property (12.75 acres) versus the five acre portion we are developing as an elderly boarding and lodging facility. The City Attorney was led to believe that we were including the entire 12.75 acre site in the Conditional Use Permit Planned Development General request. This is not the case ... and I believe our application made this clear. However, I agreed to prepare an addendum to our CUP application to clarify this misunderstanding. There are 15 required items in our CUP application and I will " address each one as follows: Project 91. No change — current application is correct. #2. No change — current application is correct. 93. No change — current application is correct. IV #4. No change — current application is correct. nnli .; #5. No change — current application is correct. #6. Addendum as follows: "A wheat crop has been planted and is growing well." �4� 0 #7. Addendum as follows: Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex which includes commercial food service plus facilities for elderly resident services. All of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents." #8. Addendum as follows: "The five acre site is zoned Industrial T." #9. No change — current application is correct. #10. Addendum as follows: "Residential properties border the site on the North, East and West. The neighbors want residential development along Pine Street. The Senior Citizen Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. This is a major community development project to help elderly Meridian citizens and help diversity the Meridian economy and tax base." #11. No change — current application is correct. #12. No change — current application is correct. #13. No change — current application is correct. # 14. No change — current application is correct. #15. No change — current application is correct. I hope this addendum information clarifies any misunderstanding about the amount of property that we propose to develop under CUP procedures in Meridian. Thank you for giving us the opportunity to prepare this addendum. Please approve our Conditional Use Permit Planned General Development in Meridian. We are committed to constructing a high quality campus for elderly citizens in Meridian. Thank you. Respectfully, Wayne S. Forrey, AICP Owner Wayne S. Forrey, Alp Urban Planner and Development Analyst 3045 Thayen Place Boise, Idaho 83709 Comprehensive Planning / City & Regional Plan Updates Citizen Mr. Will Berg, City Clerk Participation City of Meridian Community 33 E. Idaho Ave. Relations Meridian, ID 83642 0 12 June 1996 Telephone (208) 362-9345 Fax (208) 362-9416 REQUVED YJ414 r-36 CITY Of MERIDIAN Growth Management RE: Mayor Corrie's Directive to Make All Information Requests in Writing to the City Plan Implementation Clerk. Access to Public Information — Pine Center Park CUP for Planned Development General. Zoning, Annexation & Development Ordinances Dear Mr. Berg: Code Analysis Thank you for providing me with a copy of the approved minutes of the May 14, Land 1996, Meridian Planning and Zoning Commission meeting agenda item #3. The discussion Development Planning & and action by the Commission was based, in part, on two pieces of information that were Negotiations available to the Commissioners and referenced in the minutes. These two items are Infrastructure referenced in the minutes as statements by the Planning and Zoning Chairman, Mr. Johnson: Planning 1. Revitalization " ... there has been an additional or supplemental letter submitted by the City Plans Attorney as well. Whether or not you have had time to read that since it was received Economic today, I don't know." Development 2. "There are some options presented by the City Attorney, two specifically that we Community could act on." Development Finance Analysis Fiscal I am requesting a copy of the "additional or supplemental letter" and I am also Implications requesting a copy of the "options presented by the City Attorney, two specifically .. I need these documents as soon as possible so I can prepare for the June 18th City Council Funding strategies meeting on our Planned Development General Conditional Use Permit Application. Public Policy Evaluation Project Thank you. Management Contract l , Planning Wayne S. Forrey, AICP Services to Applicant Cities &Counties 4m OFFICIALS COUNCIL MEMBERS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN OLSMA RONALD M. OUNTR CHARLES M. ROUNTREE GLENN R. BENTLEY BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor May 31, 1996 Wayne S. Forrey 3045 Thayen Place Boise, ID 83709 362-9345 fax 362-9416 Re: Pine Center Park - Conditional Use Permit Dear Mr. Forrey As per your request letter dated May 28th, 1996, the above item will be scheduled for the June 18th, 1996 City Council Meeting. Thank you for your prior acknowledgment of this situation. Sincerely z YX �t— ) William G. Berg, Jr. City Clerk IPWayne S. Forrey, AIC Urban Planner and Development Analyst c 3045 Thayen Place Boise, Idaho 83709 Telephone (208) 362-9345 Fax (208) 362-9416 Comprehensive RECEIVED Planning / City & Regional MAY 1 g ' j 1996 Plan Updates 28 May 1996 CITY OF MERIDIAN Citizen Participation Community Relations Mr. Will Berg, City Clerk Growth City of Meridian Management 33 E. Idaho Ave. Plan Implementation Meridian, ID 83642 Zoning, Annexation & Development Ordinances RE: Pine Center Park — Conditional Use Permit for Planned Development General Code Analysis Land Dear Mr. Berg: Development Planning & Negotiations I will be out of town on June 4, 1996, and I request that our Conditional Use Permit Infrastructure for Planned Development General be scheduled for your June 18, 1996 City Council meeting. Planning Thank you. Revitalization Plans Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Planning Services to Cities & Counties Respectfully, Economic Development Community Wayne S. t OI7e AICP Y Y� Development Finance Analysis Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Planning Services to Cities & Counties o) Wayne S. Forrey, AIC Urban Planner and Development Analyst I� 3045 Thayen Place Boise, Idaho 83709 Telephone (208) 362-9345 Fax (208) 362-9416 Comprehensive Planning / City & Regional Pian Updates Citizen Participation 16 May 1996 RECEIVED MAY 1 7 1996 CITY OF MERIDIAN Community Mr. Will Berg, City Clerk Relations City of Meridian Growth 33 E. Idaho Ave. Management Meridian, ID 83642 Plan Implementation RE: Pine Center Park — Planned Development General Zoning, Annexation & Development Ordinances Dear Mr. Berg: Code Analysis In order to have sufficient time to prepare various exhibits for our Planned Land Development General project, can you please advise us in writing as to when Pine Center Planning Development Park will be scheduled before the Meridian City Council. In accordance with Section 2-418E Negotiations of the City of Meridian Zoning and Development Ordinance, this will not be a public hearing Infrastructure before the City Council. Planning Revitalization Thank you for your prompt attention to this matter. Plans Economic Respectfully, Development Community / Development Finance Analysis Wayne S. Forrey, AICP Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Planning Services to Cities & Counties WILLIAM G. BERG, 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 May 28, 1996 Mr. Wayne S. Forrey 3045 Thayen Place Boise, ID 83709 (208)362-9345 Fax: (208)362-9416 RE: Pine Center Park Dear Mr. Forrey, • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CH HGARLES M. ROUNTREE LENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 831642 P & Z COMMISSION Phone (208) 8884433 • 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 Your application for a Conditional Use Permit for Pine Center Park will be scheduled before the Meridian City Council on June 4, 1996. The agenda for that meeting will be available on May 31, 1996 for the exact item number. Respectfully, William G. Berg, Jr. City Clerk i Meridian Planning & Zoning Commission May 14, 1996 Page 3 MOTION CARRIED: All Yea ITEM #2: TABLED APRIL 9,1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK.COMPANY: Oslund: Mr. Chairman, I move that we table this item as well to the June 11th meeting. MacCoy: Second Johnson: It has been moved and seconded to table this item also until the June. 11th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED APRIL 9,1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING/LODGING COMPLEX BY WAYNE & KAREN FORREY: Johnson: We do have the findings and facts as prepared by our City Attorney at this time, is there any discussion, any comments regarding the findings of fact? There are a couple of small typographical errors, page 2, paragraph, an allowed use.Arethere any other ctuation. Page 25, paragraph number 17, second sentence, shouldy corrections? These findings of fact and conclusions of law are quite lengthy and somewhat confusing and there has been an additional or supplemental letter submitted by the City Attorney as well. Whether or not you have had time to read that since it was received today I don't know. There are some options presented by the City Attorney, two specifically that we could act on. It might be best that we move this forward to the City to the City Council, that might be one of your considerations. What would you like to do? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact. MacCoy: Second Johnson: We have a motion for approval of the facts as prepared by Commissioner, seconded by Commission MacCoy, this is a roll call vote. ROLL CALL VOTE: Hepper - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Yea MOTION CARRIED: All Yea Meridian Planning & Zoning Commission May 14, 1996 Page 4 Johnson: Is there a recommendation you wish to pass onto the City? Hepper: Mr. Chairman, ['move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they answer the questions presented in these findings of fact and conclusions of law and if the council determines of the use is a general planned development and such is allowed in an industrial district that the application be approved and conditions placed on the use and development as found justified and appropriate by the City Council. That the applicant and property be required to meet the requirements stated in the conclusions of law adopted by the City Council. If the use is determined to be a residential planned development let the application be denied. Shearer: Second Johnson: We have a motion and a second for the decision and recommendation for the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL US PERMIT REQUEST FOR A PHOTOGRAPHIC PORTRAIT STUDIO BY BERTON AND DEANNA SPENCER: Johnson: Any comments or discussion regarding these findings of fact and conclusions of law? Oslund: Mr. Chairman, I Move that the Meridian Planning and Zoning Commission hereby adopt and approves these findings of fact and conclusions. Hepper: Second Johnson: The motion is second to approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper - Yea, Olsund - Yea, Shearer -Yea, MacCoy - Yea MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission 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 0 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: WAYNE & KAREN FORREY AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR SENIOR CITIZEN BOARDING/LODGING COMPLEX AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OFLAW 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: OTHER: II Materials presented at public meetings shall become property of the City of Meridian. Wayne S. Forrey, AICI • Urban Planner and Development Analyst t 3045 Thayen Place Boise, Idaho 83709 Comprehensive Planning / City & Regional Plan Updates Citizen Participation Mr. Jim Johnson, Chairman Community and Commissioners Relations Meridian Planning and Zoning Commission Growth City of Meridian Management 33 E. Idaho Ave. Plan Implementation Meridian, ID 83642 29 April 1996 Telephone (208) 362-9345 Fax (208) 362-9416 Zoning, Annexation & Development RE: Pine Center Park — Elderly Boarding and Lodging Facility — Business and Living Center Ordinances Code Analysis Dear Chairman Johnson and Commissioners: Land On March 12, 1996, the Meridian Planning and Zoning Commission conducted a Development Planning & Public Hearing on our Conditional Use Permit (CUP) request for Planned Development Negotiations General, Pine Center Park Elderly Boarding and Lodging Facility. Your Commission voted Infrastructure for Findings of Fact/Conclusions of Law to be prepared. At the April 9, 1996, Planning and Planning Zoning Commission meeting, the Findings of Fact/Conclusions of Law were not available and Revitalization you asked the City Attorney to meet with me to expedite preparation of Findings of Fact/ Plans Conclusions of Law. I met with the City Attorney on Thursday, April 25, 1996, and we Economic discussed an issue which was misunderstood by the City Attorney. I agreed to write this Development letter to the City as an addendum to our CUP application in order to clarify this misunderstanding and allow Findings of Fact/Conclusions of law to be completed. Community Development Finance Analysis The misunderstanding involves the total property (12.75 acres) versus the five acre Fiscal portion we are developing as an elderly boarding and lodging facility. The City Attorney was Implications led to believe that we were including the entire 12.75 acre site in the Conditional Use Permit Planned Development General request. This is not the case ... and I believe our application Funding Strategies made this clear. However, I agreed to prepare an addendum to our CUP application to Public Policy clarify this misunderstanding. There are 15 required items in our CUP application and I will Evaluation address each one as follows: Project Management #l. No change — current application is correct. Contract #2. No change — current application is correct. Planning #3. No change — current application is correct. Services to Cities & Counties #4. No change — current application is correct. #5. No change — current application is correct. #6. Addendum as follows: "A wheat crop has been planted and is growing well. iN 0 • #7. Addendum as follows: "Five acres as Planned Development General, Senior Citizen Boarding and Lodging Complex which includes commercial food service plus facilities for elderly resident services. All of the essential services are provided: quality living space, dining facilities, chapel, recreation, laundry, education, van transportation, 24-hour maintenance and security within a landscaped campus setting, including full handicapped accessibility available to elderly Pine Center Park residents." #8. Addendum as follows: "The five acre site is zoned Industrial T." #9. No change — current application is correct. #10. Addendum as follows: "Residential properties border the site on the North, East and West. The neighbors want residential development along Pine Street. The Senior Citizen Complex will help buffer and provide an aesthetic land use transition for this neighborhood. Neighbors support this concept of senior citizen housing along Pine Street. This is a major community development project to help elderly Meridian citizens and help diversify the Meridian economy and tax base." #11. No change — current application is correct. #12. No change — current application is correct. #13. No change — current application is correct. #14. No change — current application is correct. #15. No change — current application is correct. I hope this addendum information clarifies any misunderstanding about the amount of property that we propose to develop under CUP procedures in Meridian. Thank you for giving us the opportunity to prepare this addendum. Please approve our Conditional Use Permit Planned General Development in Meridian. We are committed to constructing a high quality campus for elderly citizens in Meridian. Thank you. Respectfully, Wayne S. Forrey, AICP Owner Meridian Planning & Zoning Commission April 9, 1996 Page 18 this other alternative is coming or being developed and I think it is pretty clear that ACHD's material that they state anything that does happen has to be with the consent of Hoff. I would make a motion that we approve or not approve but make a recommendation to approve the preliminary plat and send it on to Council. MacCoy: Second Johnson: We have a motion and a second to approve the preliminary plat as stated and forward it to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING/LODGING COMPLEX BY WAYNE & KAREN FORREY: Johnson: It is my understanding that these findings of fact and conclusions of law have not been completed is that correct? Crookston: That is correct. Johnson: Without them we can't act on those so we will have to. Crookston: I would like to ask Mr. Forrey some questions in regard to those. (Inaudible). Mr. Forrey as I read your application I did not see that you asked for a PUD for the 7.75 acres. Forrey: That is correct, in fact I made a point of saying that PUD was only for the 5 acres of our property. And that the balance would remained zoned industrial. Crookston: I did not notice that in the application. Forrey: It is there and shown on the submittal map the design plan and it was noticed in the newspaper as well. Also, in the submittal that I gave to the Planning and Zoning Commission at the March public hearing that was addressed in the written response to the staff comments. It was addressed specifically as an item. Crookston: Thank you, then we have some problems with our ordinance. In Section 11-2- 409A it does state that, which is the residential listing, it does state that a PUD residential is authorized as a conditional use permit. You go to the industrial section and it does not even address a residential PUD it addresses a general PUD and an industrial PUD. As • Meridian Planning & Zoning Commission April 9, 1996 Page 19 I understand it you have requested a general PUD. Forrey: That is correct. • Crookston: Under our ordinance it also states that the general PUD is designed around or for use when the use is not particularized.. That, what I am trying to say is that the application doesn't state that it is going to be residential, commercial or industrial or that there are enough uses that it would ,be all of them. As I interpret your application that is going to be a residential application for the senior center. Forrey: No, if you will read the application I submitted and the information it complies with your ordinance and talks about all of the various uses in the project. Many business uses as well as the living center. Crookston: But you just told me you were not asking for a planned unit development. Forrey: No I did, I applied for planned development general in accordance with your ordinance, very specific, which is an allowed use and the industrial zone and conditional use permit. Crookston: But what we are dealing with is only the portion that relates to the senior citizen center. Forrey: So I don't understand, what is the question? Crookston: The question is as I read the application, the senior center is going to be residential. Forrey: Yes, with other businesses inside the complex and in the campus to serve those elderly residents. Crookston: Then that is something I did not (inaudible) Forrey: And it describes that in the information I submitted to the City. I am devastated to get to this point and there are no findings. Crookston: (Inaudible) let me restate that, Forrey: All of this was clearly outlined (inaudible). Crookston: If the decision was to approve, let's say the senior center but not go forward • Meridian Planning & Zoning Commission April 9, 1996 Page 20 with what you have requested on the 7.75 acres for one reo forward and maybe one not? ason on or another do you have' a problem with that being separated and maybe one g Forrey: Well, yes, I don't understand the implications of that. I am ho prepared with Mnow to understand how that relates to the ordinance. What I submitted complies dian City ordinances. It is all one piece of property and I am seeking is a processtis that has been onal use permit on a portion of my property just like other developers do encouraged by the City and we are following that. Crookston: I don't dispute that. Forrey: I guess I would like to know if there is a problem what it is. I don't, I just don't understand what is at issue here. Crookston: I have to apologize to you because apparently I was not totally up to speed on what you have applied for because as I read the application that you were asking for was that you were asking for a PUD on the portion that was going to be the senior center complex. Forrey: That is correct, PUD general. Crookston: The way I interpret the ordinance is that and because usthaI interpreted t'onwas he sit enior being enough on top of it myself all that was going 9o n citizen complex. Johnson: (Inaudible) you people need to get together. We are not going to be able to move forward on this this evening, so any further discussion really is a moot point at this time. You need to get together and discuss what it issowed n get o what vfendi findings of fact and an omove that conclusions of law prepared for our next meeting. We'll along posthaste. If that requires a special meeting just to address those findings of fact and conclusions of law I think this Commission is willing to do that for you so that we are not delayed a whole month. Forrey: I am not asking for that I am clearly disappointed but I can wait another month if you need the time. I would like you to read everything that I have submitted, I had a ten or eleven page handout described in detail. All types of maps. Johnson: The fact is they are not ready for us so we can't move along. Crookston: I would apologize, to Wayne and the Commission for not totally being apprised of what was going on. Not because it wasn't there just because (inaudible). Meridian Planning & Zoning Commission April 9, 1996 Page 21 Johnson: Thank you very much. Do we need a motion? Crookston: Yes Johnson: We will need a motion from the Commissioners to table this until such time we have an opportunity to prepare findings of fad and address them at the appropriate time, no later than our next meeting. Crookston: I think it is appropriate to include in the motion that Mr. Forrey and myself work on this together. Oslund: I make a motion that Mr. Forrey and Mr. Crookston get together and talk about this and work all the glitches out and we will table this item until such time that occurs no later than the next regularly scheduled meeting in May. Hepper: Second Johnson: Moved and second we table this item as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF AW F ORA NEXATIONOND ZONING OF APPROXIMATELY 14 ACRES TO SUBDIVISION BY R-2 DEVELOPMENT: Johnson: We do have these findings of fad and conclusions of law, are there any comments that the Commissioners would like to make at this time? Hepper: Mr. Chairman, I have a question on page 15, paragraph 12, it is on page 18, 1 guess it would be on paragraph 16 next to the last line. It says, "it is concluded that the land should be annexed and zoned but not subject to de -annexation," I am questioning whether would not should be omitted. Johnson: Yes, that doesn't look (inaudible) Hepper: But subject to de -annexation. Crookston: That is correct. Johnson: We need to delete the word not on the next to the last line of paragraph 16, is that correct. It also looks like we go from paragraph 16 to 18. Any other comments on • 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12,1996 APPLICANT: WAYNE & KAREN FORREY AGENDA ITEM NUMBER: 10 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING LODGING COMPLEX (REFER TO PACKET FROM 2-13-96) 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: Il��uC•PP�>��1►1C�1�� BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. ;f. a 12 r 1e 9 E. [,PUCKER 5T 30 ! 10 la 11 t1 S 91 1e i? It Ab i4 i3 ks c 21 �^ 1 a 24 to 17 12 22 ' 1 1, to 2 23 14 i - a 23 915 24 .. 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III, jil jill, III I mill 111 11 M. kUT7 --5A-"(, G" /1Y T 14 A -"T Ill 14•uL—' ' ! The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE GENCY RESENTATIVES OR DESIGNEES -71 Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor JXI12 Date 3 City of Meridian Representative M' Date 3 " 7_ Meridian Fire Dept. Representative '/4 Q Date 0 ✓ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 08 Section NUMBERING OF LOTS AND BLOCKS W 6L12)jd Z4�( A r • Meridian Planning & Zoning Commission February 13, 1996 Page 38 Shearer: Second Johnson: It is moved and seconded we table this item until our next regularly scheduled meeting which is March 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT FOR THE RANCH BY WESTPARK COMPANY TABLED JANUARY 9,1996: Johnson: Is there any additional information that the applicant would like to provide to the Commissioners that hasn't already been provided? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: No additional testimony Mr. Chairman. Johnson: Is there anyone else that would like to comment on the conditional use permit? Seeing no one then I will close this public hearing. Shearer: Mr. Chairman, I move we table this to March 12. Oslund: Second Johnson: We have a motion and a second to table item #12 until March 12, our next scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: Johnson: The applicant has asked that we defer this until March 12 due to time restraints they will not be making a presentation tonight. Since we did notice it as a public hearing we are going to treat it as such in case someone came here to testify. At this time I will open the public hearing. Is there anyone that would like to address the Commission? Mike Ford, 10807 Alliance, Boise, was sworn by the City Attorney. • Meridian Planning & Zoning Commission February 13, 1996 Page 39 Ford: Mr. Chairman and members of the Commission, we own 23 acres just to the west of Mr. Forrey's request here. As I am sure you are aware he is requesting a conditional use for a residential use in an industrial area. We recently developed Layne Industrial Park just west of this property on Locust Grove and plan on developing the 23 acres the same way. I am not opposed to Wayne's development at all. I would only ask that screening, buffering, type of things that would need to be done between industrial and residential be placed upon him at the time you hear his request and not upon us at a later date when we develop our property. Johnson: How is your property zoned right now Mike? Ford: Industrial. Johnson: Okay, you probably said that and I missed that. Any questions of Mr. Ford? Thank you, is there anyone else that would like to come forward on this application? Dean Michaelchek, 2410 Springwood Drive, was sworn by the City Attorney. (End of Tape) Michaelchek: Mr. Chairman and Commissioners I guess I am not very good at public speaking but I own property on Pine Street and I am not really opposed to Mr. Forrey's plan here or anything like that but I do request that the Commission take a traffic situation into account. Pine Street has turned into almost like a drag strip here in the last year and a half or so. It is getting to the point of ridiculousness and I don't know what the future is for Pine Street and I don't know if the City has any concerns or any future plans for it. But I do request that it be addressed and I do wish to go on record with these comments. If for any other future development for those fields further on east down there and all that stuff there seems to be a lot of traffic on there and I just wish that would be addressed. Johnson: Are you familiar with the Pine Street extension program? Michaelchek: No I am not, I have heard that it may go on to Eagle. Johnson: It is going to hook up with Emerald and it will back up all the way to East 1st through and connect with Emerald. Michaelchek: Is it going to be more than 2 lanes or whatever like that? Johnson: Yes but I can't tell you how many lanes, maybe Shari can or Gary, but that is on the drawing board. Meridian Planning & Zoning Commission February 13, 1996 Page 40 Smith: It would be three minimum and I think probably four lanes most probably through that area not where Wayne Forrey's project I don't believe is being proposed but to the east of that it would begin to be three lanes at least. Michaelchek: Will it be two lanes probably from this project to Locust Grove or something like that? Smith: Well maybe in front of his project it would begin just to the west or back toward town there is too much residential in there for them to do any major expansion or width. In the undeveloped areas adjacent to his project it will be widened. Michaelchek: That is all I wanted to say. Johnson: We had a presentation from ACHD on that I think it was from ACHD on the proposed extension in there and the process of acquiring land and that sort of thing. It is on their drawing board. Thank you for your comments, anyone else? I will close this public hearing. Crookston: Wait a minute you don't want to close this public hearing, you want to adjourn this public hearing. Johnson: Thank you for reminding me of that, we need to do that with this item and also the next item. If there is no one else then we will adjourn the public hearing but leave it open so we can continue that on March 12. Shearer: I so move. MacCoy: Second Johnson: It has been moved and seconded that we leave the hearing open and continue this to March 12 in accord with the desires of the applicant, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Johnson: I will open the public hearing at this time. Is there anyone here that would like to address the Commission? The applicant has requested a deferral until March 12 also. MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: WAYNE & KAREN FORREY AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PER MIT Of A SENIOR CITIZEN BOARDING/LODGING COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: COMMENTS COMMENTS FORTHCOMING COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENT Vv S P� MERIDIAN SCHOOL DISTRICT: rl r, �G �/�, rr S -r MERIDIAN POST OFFICE: Cr ' y�- ci;s V f 0 �/ ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS � '1 (i V ADA COUNTY STREET NAME COMMITTEE: 6wj CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS w NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 4, AD OUNTY�SHIIGHWAY Development Services D'visi Development Applicatio, of MCU -2-96 Pine Street near Locust Grove City of Meridian The applicant is requesting conditional use approval ffconsl on 5.0 acres. The 5 -acre site is located on the sQudifte of Grove Road. This development is estimated t based on the Institute of Transportation En ' eers i Roads impacted by this development: NOT: level rnmr, 41 T facility 14 -unit senior's complex nue, west of Locust )nal vehicle trips per day manual. ration is one which would possibly be eligible for staff amendment being developed for consideration by the ACHD Commission Date - February 7, 1996 - 7:00 p.m. Ch err in ITE Franklin - E T S r 1f 6 m "i A I N. J I If K r. r, . 11 G I FRINI: - UAlkA & PADS INCLUDING tt4(A THK5 PAGE: !Z(. - 9(4169 3L.3 - to 5- 1 1 FAX 8: FAX L ?,r%jm W' u South 9tonehenp i 132.67 way _ _ _ _ o Lux 45' ROWCCOM Pine Street ' Pilne ors�at v S' RO 41-4.86----- o i --� enter 00 CN 0 Parking design to City dimensional standards, 600 and 900 . Variance is necessary to allow 90 parking spaces instead of 115 due to decreased parking demand of senior citizens. Density = 114 units on 5 Acres = 22.8 DU/AC Open Space 1.01 Acres, accessible and available to all occupants within the PD. On -Site 24 hour shuttle van service S.L. = Street Light — F'H = Fire Hydrant Pressurized Irrigation System Development drainage retained ori -cit - Elevator service in Buildings A a r „ w 0 Park Busioness aiad Living Cenfer 12.75 ACRE CAMPUS CITY OF MERIDIAN, IDAHO ANNEXED AND ZONED "I" 5.0 Acre Senior Citizen Boarding and Lodging Complex as General Planned Residential (PD -G) 2-409 Meridian Zoning Schedule of Use Control, Allowed by Conditional Use Permit and Building Permit 7.75 Acre Business Park - Permitted Industrial Uses, 2-409 Meridian Zoning Schedule of Use Control. "P" uses allowed by building perms; Facts and Findings: A. General Information I -L - Zoning 5 - Acres (12.75 acres entire parcel) 114 - Proposed dwelling units 38,600 - Approximate square footage for 0 - Square feet of existing building 0 - Total lineal feet of proposed pub. 269 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Western Cities - Impact Fee A� Pine Avenue Collector street` lass minor arterial) with bike lane designation Traffic count of 1, 9/9 410 -feet of fron 50 -feet existin ght-of- 90-feet requ' d right -of -w'.. -feet from ultimate street centerline) Pine Ave s improve ith 25 -feet of pavement with curb, gutter and sidewalk across from the J B. The District reviewed a 54 -acre preliminary plat called Bedelco Business and Living Center that included this 5 -acre parcel. The preliminary plat was not approved by the City of Meridian. C. The applicant is proposing a north -south 50 -foot private roadway constructed to ACHD standards from Pine Street. Staff recommends that the road be constructed as a public street 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 125 -feet east of Stonehenge Way, which is the District's minimum separation for local streets. If the street is a public road, a paved temporary turnaround and appropriate easement will be required. D. The northern most driveway on the private street is proposed to be approximately 100 -feet south of Pine Street. This separation is acceptable to staff. If the street is a public road, the three driveways proposed shall be 30 -foot wide curb cuts. E. In accordance with District policy, staff recommends that the applicant be required to construct 5 -foot wide concrete sidewalk on Pine Street abutting the parcel (approximately 414 -feet). F. The application states that the Synder Ditch/Drain will be tiled. G. No access to Pine Street is proposed. MCU296. WPD Page 2 4 H. The transportation system will be adequate to accommodate the additinal traffic generated by this proposed development. I. This application is scheduled for a public hearing Commission on February 13, 1996. The following requirements are provided to the City of )pi ftpnditions for approval: Site Specific Requirements: 1. Dedicate 45 -feet of right-of-way f parcel (20 additional feet) prior to The owner will be compensated revenues in this be, efit zone the owner mus 't a 1 ground, in acco i2m 2. Construct a 5 -foo 414 -feet), loca one foot drainage fa ; ` out of the % ult' to " Enterline of Pine Street abutting the rice buil g permit (or other required permits). ttio ght-of-way from available impact fee to be paid for the additional right-of-way, a o the impact fee administrator prior to breaking of ACHD Ordinance #188. M alk on Pine Street abutting the parcel (approximately F the right-of-way line. This will require relocating the -way. 3. Construc k aremeg et as public street to a 41 -foot back-to-back street section with 5- foot wid a 58 -foot right-of-way. Provide a paved turnaround to District standards end of the road and an appropriate easement to the District. Bensaremeg Street shall be offset a minimum of 125 -feet from Stonehenge Way, centerline to centerline. 4. Three 30 -foot wide driveways are approved as proposed on Bensaremeg Street. The northern driveway shall located as proposed 100 -feet south of Pine Street and all driveways shall be separated by a minimum of 50 -feet (as measured from near edge to near edge). 5. Direct lot or parcel access to Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. MCU296. WPD Page 3 N Standard Requirements: 1. A request for modification, variance or waiver of shall be made in writing to the Development Sery Commission action. Those items shall be on the next available meeting agenda. to policy outlined herein with the Commission Requests submitted to the District after a.,',. scheduled for Commission action do not provide sufficient time f ` Dist sta move the item from the consent agenda and report to the Commissegar g the quested reconsideration. Those items will be acted on by the Commiss', unle emo,_ from the agenda by the Commission. 2. A request for a 1 of. issi ction shall be made in writing to the Development Se er in 15 calendar dam of the action and shall include a minimum fee of $1 Lhe illbe scheduled to be heard by the Commission within 20 calend ei The request for appeal shall specifically identify eac 3. A right -of` permit within th . t be obtained from ACHD for any street or utility construction '-way. Utility cuts should be combined where practical to limit pavement tili y street cuts in road p ve "" allowed unless approved by the District Commission 7667 (with file number) for details. Contact Construction Services at 345- 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. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a iomeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5 -feet from the side lot 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. .00L x . *,+U• . ,ppropi 19. All public streets and drainage systems shall be designed and, ted in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawi s, pla des i n and calculations presented to ACHD shall be sealed, s,' d dated by : stered T --A O.."...."` .....-_1:.....,... .., U TA -t_ 4b N 8. Continue existing irrigation and drainage systems across 9. Continue borrow ditch drainage abutting parcel ( 10. Provide written approval from the appropriate irrrainage di thorizing storm runoff into their system. 11. If street improvements are required, locate obst drainage ditches and appurtenances, etc.) o for relocations shall be obtained from th prc existing irrigation facilities may re ma, n the of easements recorded for future re, tion a cilities, irrigation and fight -of -way. Authorization If determined by the District, with District review and approval 12. Locate proposed si n(s) out Q publiay and out of the clear -vision sight - triangle of all s d dr'" ters " 00 13. Install a stop sign unci approach of a project street to an intersection involving a collec I as cross -street. The stop sign shall be installed when the project street ill +' st acces the motoring public. 14. The develo r is required install street name signs at the locations approved by the Ada County ay Distric Purchase street name signs, sign poles, and mounting hardware from AC of erations Department or an approved outside supplier. The District will not '" street signs until a copy of the recorded plat showing the recording data has been prove ed to Development Services staff. 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 the centerline of any road; and the short leg measured from the curb 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. MCU296. WPD Page 5 P 21 22 M All public streets and drainage systems shall be designed and, with District standards and policies. Specifications, land surveys, reports, plats, drawl s, plall des' calculations presented to ACHD shall be sealed, d dated b Professional Engineer or Professional Land Surve' ompliance Section 54-1215. in conformance In and sPte red Idaho Code, The applicant shall submit revised plans for "`' oval, _ to issuance of building permit (or other required permits), whic I co r quired design changes. Construction, use and property dei me all b n conformance with all applicable requirements of the Ada County way istric for to District approval for occupancy. Should you havsti!MW ents, please contact the Development Services Division at 345-76 Date of Commission Approval: MCU296. WPD Page 6 4 Wayne S. Forrey, APIP • Urban Planner and Development Analyst 3045 Thayen Place — Boise, Idaho 83709 C airman Jim Johnson Comprehensive ity Clerk Will Berg Planning / Meridian Planning and Zoning Commission City & Regional 33 E. Idaho Ave. Plan Updates Meridian, Idaho 83642 Telephone 362-9345 • Fax 362-9416 12 FEB 96 RECEIVED FEB 1 2 1996 CITY o Citizen RE: Request to Defer Public Hearing to March 12, 1996 for the Pine Center Park Project Participation Dear Chairman Johnson and Clerk Berg: Community Relations We are respectfully requesting that the Meridian Planning and Zoning Commission defer Growth our public hearing on our Pine Center Park Project to your March 12, 1996 agenda. We have not Management received complete comments from the City of Meridian as of this date. Throughout last week, I contacted the City numerous times to request a copy of the public Plan Implementation agency comment package. On Friday afternoon (09 FEB 96) at about 1:40p.m., I received a call from the Clerks office indicating that the city comment package for our project was now available. Zoning, Annexation 8 Development The deputy clerk indicated that development comments would not be faxed ... but either mailed or Ordinances picked up in person. I opted to pick up our comment package at City Hall and I promptly contacted our development team to meet and review the city comment package. As we reviewed Code Analysis the comment package, we discovered the following problems: Land 1. Agency comments do not include our property -We have comments from agencies Development that discuss some other project in a completely different part of the community. Evidently Planning a Negotiations our comments got mixed-up and switched with another project during filing or photocopying. We don't have all of the comments that pertain to our project. ( some Infrastructure other developer probably has our comments???) Planning 2. Agency names are missing -Several sheets are unnamed. We cannot identify which agency submitted the comments. Evidently the names did not copy correctly or the PlansRevitalization Plans names are missing. This is very confusing. Economic Development 3. Comments from the Zoning Administrator are missing_- Our packet does not contain comments from the Planning and Zoning Office. There is a "Forthcoming" note ...but we Community have not received anything as of this date. Also, we are missing comments from the Development Public Works Department. Finance Analysis Fiscal Our development team (owner, engineer, architect & banker) was very disappointed to Implications find all these missing items in our comment package. Given that it is now so late in the comment review process (the day before the meeting) we must request deferral of our public hearing to your Fending strategies March 12, 1996 meeting agenda. Our development team must have all applicable agency comments in a timely manner in order to prepare public hearing comments and the "Response to Public Policy City Comments Letter', which you now require. Evaluation This PUD project represents a $8.3 million dollar investment in Meridian and we need to Project make certain that we have the correct and complete agency comments for this substantial Management development project. Could you please compile a complete agency comment package and mail it to me at 3045 Thayen Place, Boise, Idaho 83709 as soon as it is available. Thank you for your Contract assistance. Flanning Services to Respectfully; Cries & Counties Wayne S. ForrrAICP C . Will Ber Jim Johnson & Pine Center Park Development Team �� Member: American Institute of Certified Planners - American Planning Association - Idaho Planning Association ** TX CONFIRM 0ON REPORT ** DATE TIME TO/FROM 05 02/12 09:15 ALL AMERICAN Wayne S. Forrey, AICP Urban Planner and Development Analyst AS OF FEB 120 09:16 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDti STATUS EC --S 00'44" 001 061 OK V- Y 3045 Thayen Place Boise, Idaho 83709 Telephone 362-9345 • Fax 362-9416 Chairman Jim Johnson 12 FEB 96 Comorenenv%e vCfty clerk Will Berg DECEIVED Planning / Meridian Planning and Zoning Commission Ca./&Poponat 33 E. Idaho Ave. FEB 1 2 1996 PlanUodetes Meridian, Idaho 63642 n Mry riyzon RE: Request to Defer Public Hearing to March 12, 1996 for the Pine Center Park Project Par;icipsaon CommunityDear Chairman Johnson and Clerk Berg: We are respectfully requesting that the Meridian Planning and Zoning Commission defer G,o,vs our public hearing on our Pine Center Park Project to your March 12, 1996 agenda. We have not taanagement received complete comments from the City of Meridian as of this data. Throughout last week, I contacted the City numerous times to request a copy of the public PI3n agency comment package. On Friday afternoon (09 FEB 96) at about 1:40p.m., I received a call Aning. Annexation from the Clerks office indicating that the city comment package for our project was now available. L Oeveicoment The deputy clerk indicated that development comments would not be floted...but either mailed or Oro-nances picked up in person. I opted to pick up our comment package at City Hall and 1 promptly contacted our development team to meet and review the city comment package. As we reviewed C°ce Analysts the comment package, we discovered the following problems: '.ancl 1. Aaencv comments do not ink de our DEpperty -We have comments from agencies Planning & that discuss some other project in a completely different part of the community. Evidently Nogcuauons our comments got mixed-up and switched with another project during filing or photocopying. We don't have all of the comments that pertain to our project ( some infrastructure other developer probably has our comments???) Planning 2. Aaencv names are -Missing -Several sheets are unnamed. We cannot identify which fl'a.ls ization agency submitted the comments. Evidently the names did not W wens tiY PY correctly or the names are missing. This is very confusing. Economic ooveiovmera 3. Comments from the Zoning Administrator gre missing -Our packet does not contain comments from the Planning and Zoning Office. There is a "Forthcoming" note ...but we Commun,ty have not received anything as of this data. Also, we are missing comments from the Devetooment Public Works Department Finance Analysis -;scat Our development team (owner, engineer, architect & banker) was very disappointed to Impuc3l ons find all these missing items in our comment package. Given that it is now so late in the comment review process (the day before the meeting) we must request deferral of our public hearing to your runding Strategies March 12, 1996 meeting agenda. Our development team must have all applicable agency comments in a timely manner in order to prepare public hearing comments and the "Response to Fvnr° tioPolicy City Comments Letter" which you now Lvaluaticn This PUD project Y require p J represents a $8.3 million dollar investment in Meridian and we need to P•°;act make certain that we have the correct and complete agency comments for this substantial Management development projecL Could you please compile a complete agency comment package and mal it to me at 3045 Thayen Place, Boise, klaho 83709 as soon as it is available. Thank you for your Comraet assistance. Plannino Services to Ca es a Counties (�Respectfully, Wayne- S. Fo ,AICP Trey C . Will Ber Jim Johnson & Pine Center Park Development Team �� Membare Amorican Instituto Of Corlified Planners - American planning Asscciation - Idaho Ptanning Association WILLIAM G. BERG, 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 February 13, 1996 Wayne S. Forrey 3045 Thayen Place Boise, ID 83709 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor RE: Your letter dated 2-12-96/Pine Creek Park Project Dear Mr. Forrey, 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 Thank you for your letter requesting that the public hearing scheduled for tonight be delayed. We are glad to accommodate you and will see that you are on the agenda for our March 12, 1996 Planning and Zoning meeting. You make some good points in your letter. We can improve that packet information and will strive to do so. Sincerely, Ji . Jo - P & Z Chairman mUItDERS � 1111MASONRY PRODUCT -S, February 13, 1995 City of Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 REcEIvEo FEB 131996 CITY OF MERIDIAN SUBJECT: Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, SE 1/4 of Section 7, T.3N, R. 1E, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Grove Rd. ATTN: Planning & Zoning Commission, 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 the Conditional Use Permit is being sought. Enclosed you will find a copy of a letter from Wayne S. Forrey to Builders Masonry Products, dated February 12, 1996. This letter is in response to his personal request: We at Builders Masonry Products at this time have not changed our position (please refer to our letter dated February 9, 1996). However, we do feel that with Mr. Forrey's concessions (see his letter dated February 12, 1996), that we may be able to come to some agreement if given more time. It is our desire to work with Mr. Forrey on the best possible solution, without harming our established manufacturing facility. Sincerely, Stephanie Churchman Vice President cc: Wayne S. Forrey, AICP 1300E. FRANKLIN ROAD 9 MERIDIAN, IDAHO 83642 * (208)888-4050 0 BUILDERS 1111MASONRY PRODUCTS February 9, 1996 City of Meridian Planning & Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 SUBJECT: Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, SE 1/4 of Section 7, T.3N, R.IE, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Grove Rd. ATTN: Planning & Zoning Commission, 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 the Conditional Use Permit is being sought. BUILDERS MASONRY PRODUCTS opposes the issuance of the Conditional Use Permit. It is the opinion of the owners that the zoning designation for the above referenced property should remain "Industrial'. Residential developments of any type should not be allowed near existing industrial developments. Manufacturing facilities of various types, including our facility, may generate production (machine) noise and traffic noise levels which are undesirable for nearby residential areas. Plants may wish to operate 24 hours per day producing noise an&- congestion unsuitable for residential co -existence. (continued) 1300E. FRANKLIN ROAD 9 MERIDIAN, IDAHO 83642 • (208)888-4050 February 9, 1996 (page 2 cont.) Over time, as residential properties are established around industrial sites, firms operating in these areas may become subject to restrictions regarding noise levels and operating hours as residents (voters) begin to complain about conditions affecting their neighborhoods. We are aware of several instances in other communities where this has actually occurred. The concrete block manufacturing plant now owned and operated by BUILDERS MASONRY PRODUCTS was established at it's current Meridian site in large part due to the location and "Industrial" zoning designation of adjacent properties. BUILDERS MASONRY PRODUCTS has opposed earlier Conditional Use Permit applications for residential developments in this area on the grounds that residential and industrial sites are not a good "mix" due to the immediate and potential future conflicts over noise, traffic, and safety issues. We request that the Meridian Planning & Zoning Commission deny this Conditional Use Permit, 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, Stephanie Churchman Vice President d , . ,40 i 1`�1 � Wayne S. Forrey, AICP 00A Urban Planner and Development Analyst 3045 Thayen Place — Boise, Idaho 83709 Telephone 362-9345 Fax 362-9416 12 FEB 96 Stephanie Churchman, Vice President y n r,ann' R- egiona! BUILDERS MASONRY PRODUCTS 1300 East Franklin Road ca1eJ Meridian, Idaho 83642 Dear Vice President Churchman: received your letter this morning and I want to thank you for taking the time to review our development plans. I know we can be a good neighbor to BUILDERS MASONRY PRODUCTS. 'g Annexation When I met with Mr. Mark Smith last week at your plant, we discussed the :nr:es possibility of constructing a sound barrier wall along our south property line on the North side of the rail road tracks for noise and visual buffering. We also a, discussed a written, binding agreement indicating no additional residential uses at our site. 5 The question I would like you to consider and answer is this... Would BUILDERS MASONRY PRODUCTS support our development if we agreed to the following: a) Construct a sound barrier wall along our south property line in addition to the screening fence and landscaping that will be built at the south edge of the Elderly campus; and, b) Sign and record a binding agreement clarifying no further residential Anais;s uses on the balance of our Pine Street property. Please consider the input of Mr. Mark Smith and please consider our desire to construct a wall and enter into a restrictive agreement to protect BUILDERS rq S�rategies MASONRY PRODUCTS. Policy Once again, thank you for reconsidering our development situation. I hope you can see that we will be a good neighbor! 2rnenl Respectfully; Wayne S. Forrey, AICP CC: Pine Center Park Development Team Member: Arn;encan Insto.ulr l ort;ilr d P'a, ,o cn - nr ru As , r 1�1-