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Heron Brook Townhomes Subdivision PP 00-004MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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) YOUR CONCISE REMARKS: r REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. V0!0..:+y After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Heron Brook Townhomes 2. General Location: Northeast corner of Meridian Road & Blue Heron Lane 3. Owners of Record: Glen Anders Address: 483 N. Ouarryview Place Boise ID,Zip 83712 Telephone 331-7881_ 4. Applicant:_ Pinnacle Engineers, Inc. (Bob Unger) Address: 870 N. Linder, Ste B MeridianID ,Zip 83642 Telephone 887-7760 5. Engineer: John Carpenter Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name: Lyn Hellen Address: 483 N. Ouarryview Place Boise ID 83712 Telephone: -331-7881 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 3.98 2. Number of building lots: 40 3. Number of other lots:_3 (Common) 4. Gross Density per acre: 10.05 5. Net density per acre: 9.29 6. Zoning Classification(s): R-40 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? YES Explain 3 Lots (2 open/landscape/drive & 1 open with clubhouse) to owned and maintained by the Heron Brook Homeowners Association. 12. For future parks? NO Explain 13. What school(s) the ares? NO Do you propose any agreements for future school sites? Explain /"1 14. Are there any other proposed amenities to the City? NO Explain 15. Type of Building (Residential, Commercial, Industrial combination): Residential 16. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): S. F. Townhomes 17. Proposed Development features: a. Minimum square footage of lot(s): none — 1,512 sq ft proposed b. Minimum square footage of structure(s): 888 sq. ft. C. Are garages provided for? --Covered Carports Square footage: 440 sq. ft. d. Has landscaping been provided for? YES Describe:_ (see attached lan�e plan) e. Will trees be provided for? YES Will trees be maintained? YES f. Are sprinkler systems provided for? YES g. Are there multiple units? NO Types: h. Are there special set back requirements? YES Explain: Zero Lot Line for Townhomes & front yard setbacks for covered carports i. Has off street parking been provided for? YES Explain: 2ap rking spaces per unit on each lot. (1 covered and 1 open ) j. Value range of property:_$90,000 - $110,000 k. Type of financing for development: N/A 1. Were protective covenants submitted? Yes Date: 12/23/99 18. Does the proposal land lock other property? NO Does it create Enclaves? NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein. And to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed. l'INNACLE Engineers , Inc . TO: Shari Stiles Planning & Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: December 29, 1999 RE: Heron Brook Townhomes Subdivision Ms. Stiles: On behalf of Lyn Hellen and Glen Anders, we are submitting this application for a Preliminary Plat and Conditional Use for a 40 -lot townhome project on 3.98 acres located on the northeast corner of Blue Heron Lane and Meridian Road, Meridian, Idaho. The proposed subdivision consists of 37 townhouse lots, 1 common lot with a clubhouse, 1 common lot for the common drive accessing the lots, and 1 common lot around the perimeter for landscaping and buffering. The property is currently zoned R-40. The existing zone is compatible with the policies and goals of the Meridian City Comprehensive Plan and Map. This project, with a density of 9.29 dwelling units per acre, is compatible with the Comprehensive Plan designations in the area and as such will not change the general use or character of the property and will not have any adverse effect on the surrounding properties. The traffic impact on the surrounding streets should be minimal as Meridian Road is designated as a Minor Arterial with capacity to carry the additional traffic. Blue Heron Lane is a substandard local street and will be improved as per ACHD requirements. The Jackson Drain, under the jurisdiction of the Nampa -Meridian Irrigation District, is located to the north of the property and is proposed to be left open. The area along the drain will be utilized as open space for the project while providing a maintenance easement for the District. With the proposed open space and the existing openspace located on the north side of the Jackson Drain, an 80' buffer will be accomplished between our project and Fothergill Pointe Subdivision to the north. In addition, a paved 6' path will be provided along the Drain. N Sewer and water (Meridian) are currently to the property and will be extended into the development at the expense of the developer. All other utilities will be provided to the site. All street, curbs, gutters and sidewalks required will be dedicated to the public and built to Ada County Highway District and Meridian standards. The driveways and parking areas will be constructed to Meridian standards and will meet fair housing act accessibility requirements. Cross access agreements will be provided as required. 870 NORTH LINDER SUITE B s MERIDIAN, IDAHO 83642 1 (208) 887-7760 - FAX (208) 887-7781 r We will be providing a 20' landscape buffer along Blue Heron Lane. Due to the loss of land to the Highway District (18' ROW — Meridian Road and 17' ROW — Blue Heron Lane) and the 40' easement associated with the Jackson Drain, development of the property is severely limited. We are requesting a variance of the 30' landscape buffer requirement along Meridian Road to provide a 20' landscape buffering lot. In my discussions with ACHD, any widening of Meridian Road would not take place sooner than 8 years and probably well beyond that time. They have indicated that we could provide an additional 10' of temporary landscaping within the new ROW for Meridian Road. In addition, limited landscaping will be provided along the Jackson Drain and within other common lot areas of the project. We are requesting a variance of the setback requirements for the side yard on the zero lot line townhouse lots and front yard setback for the carports. The subdivision will adopt restrictive covenants, which have been provided for your review. Site Report: The site is primarily made up of Aeric Haplaquepts soils on the north and Purdam soils along Blue Heron Lane. Water tables within Aeric Haplaquepts soils generally range from 1.5 to 3.0 feet between June and October. Water tables within Purdam soils generally range greater than 6 feet. Flooding within this area of soils is rated as rare and none. Statement of Compliance: 1. All driveways, parking, curbs, gutters and sidewalks will be constructed to Meridian City Ordinance standards. 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The development will be connected to City services. 4. This development will be in compliance with Meridian City Ordinances. 5. The preliminary plat will include all appropriate easements. 6. All street names are existing and should not interfere with the City grid. Affidavits: 1. This property will be posted 1 week before the public hearing with postings containing the name of the applicant, description of the zoning amendment, and time and date of the public hearing. 2. The applicant has read the contents of this application and verifies that the information contained herein is true and correct. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincerely, C% ert C. Unger ' Project Manager cc: File #C996218 10-27-1999 10:35AM FROM PINNACLE ENGINEERS 887 7781 AFFIDAVIT OF LEGAL INTEREST I, Glen Anders, 483 N. Quanyview Place, Boise, Idaho 83712 being first duly sworn upon oath, deposed and say: 1. That I am the record owner of the property located at 80 Blue Heron Lane, Meridian, Idaho 83642, and I grant my permission to Pinnacle Engineers, .Inc., 870 N. Linder Road, Suite .B, Meridian, Idaho 83642 to submit the accompanying applications for a Planned Unit Development pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property that is the subject of the application. Dated this�f, 1999. Glen Anders SUBSCRIBED AND SWORN to before me the day and year first above written. 000©,�o ®a ®A o 000Bo��o 50OR r.�`t' and e �OTaR 1• e Notary Public for Idaho p ° m �•� ®� e Residing at J' °• °°° % Commission Expires: j 0,0 •,, E p F 110` 11� P_ 2 3ntees herein have read and approve Allowing: r'ride File No.: T"4UW W5-ARRAN7©EED FOR VALUE RECEIVED DALLAN TAYLOR and PATRICIA MAE TAYLOR, husband and wife AND GARY BELEW and JANICE A. BELEW, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: GLEN ANDERS, an unmarried man GRANTEES(s), whose current address is: 'g 83 AJ ®uwe tit V l�iD P l ikLe' o rSt . Ali Q37 f 1 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described in the attached Exhibit "A", which by this reference becomes a part hereof. AOA COUNTY RECORDER J. OAVIO NAVARRO f 349 JH t 8 4: 2 t RECORDED -REQUEST OF FEE&� PUTY�aW/S 99061349 TR"NA7701V TITLE & ZXROW 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 Gramor(s) does(do) hereby covenant to and with the said Gramee(s), that Grantors) istare the owner(s) in fee simple of said premises: that said premises are free from all 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 arty) for the current year, which are not yet due and payable, and that Grantors) will warrant and defend the same from all lawful claims wbatsoever. Dated: June 17, 1994 Dalian Taylor Gary BHew '''J�� iia �vNy��••,• t A Blew Patricia Mae Taylor _ACIUVOWLI DGCE�1 wlndividuall��/� STATE OF Idaho ,County y ,1 SLATE OF ..................... County of......................ss. On this 1( day of June in /� 1999, before me, the undersigned, a o ublic in and for said State, personally mmtappeared On this ...1Y. ... a /�4,�(,�, �f...... Dallan Taylor l•gap-Bekw in the yea of .... .................tsfore me, the undmigned, a No tary • i i df I ......t............ known or identified to t be the persons whose names known or idrntificd to me [he person.? . whose name are subscribed a in ins ent, a ekno ledged mbxri o rhe in ' tument. an cknow e ro me th t..,.... . to me that they, ex d the sa executed rhe same. • Signature: l Signatute:. e BoslauName: .. ... . ...... Name: NaneileName:....... . llMfdYr 3t 91 R. 11,12 . Residing at: Meridian, ID tamn�ei0a � t1.itl-Q4 My commission expires: 11/12104 estmn9 a :............. . My commission expires...... . Transnallon Title & Escr r.. ..... ..... EXSIBIT "A" A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the West quarter section corner of said Section 6; thence North 89025' East 25.00 feet along the East-West half section line to an iron pin on the East side of Meridian Street, the REAL POINT OF BEGINNING; thence continuing North 89025' East 1063.67 feet to the Southeast corner of Said Lot 5, marked by a stone with a + chiseled on the top;: thence along the East boundary of said Lot 5 North 0°08' East 624.66 feet to an iron pin; thence North 66057' West 37.03 feet to an iron pin; thence South 0°00' 72.74 feet to an iron pin; thence North 90000' West 528.00 feet to an iron pin; thence North 0000' 82.50 feet to an iron pin; thence South 90000' West 503.00 feet to an iron pin on the East side of Meridian Street; thence along the East side of Meridian Street South 0000' 659.75 feet to the POINT OF BEGINNING; EXCEPT the following portion of the above-described property: Beginning at the West quarter corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence running North along said Section line a distance of 577.05 feet to the REAL POINT OF BEGINNING; thence running North along said section line a distance of 82.05 feet to a point; thence running East a distance of 528.00 feet to a point; thence running South a distance of 82.05 feet to a point; thence running West a distance of 528.00 feet to the REAL POINT OF BEGINNING. AND ALSO EXCEPT a parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00016137" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89034150" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right of way line of Meridian Road; thence leaving the said Easterly right of way line of Meridian Road and continuing North 89034'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89034150" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6; thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00017135" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66047110" West 37.03 feet to an iron pin; thence South 00009'50" West 72.74 feet to an iron pin; thence North 89050110" West 1031.67 feet to an iron pin on the Easterly right of way line of Meridian Road; thence South 00016'37" West 206.33 feet along the Easterly right of way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right of way South 68030107" East 993.65 feet along the centerline of Jackson Drain to the POINT OF BEGINNING. AND ALSO EXCEPT ditch and road rights-of-way. AND ALSO EXCEPTING THEREFROM any portion lying within Jackson Drain. HERON BROOK TOWNHOMES SUBDIVISION A Parcel of land situated in a portion of Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, lying southwesterly of the centerline of Jackson Drain and southwesterly of Fothergill Subdivision No.I and being more particularly described as follows: Commencing at the SW corner of said Lot 5, thence along the South line of said Lot 5 N89°34'25"E a distance of 25.00 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence parallel with the West line of said Lot 5 N0016'23"E a distance of 370.93 feet to a 5/8 inch rebar; Thence along the said centerline and the South line of the said Fothergill Subdivision No. 1 S68°30'21"E a distance of 993.52 to a 5/8 inch rebar on the South line of said Lot 5; Thence leaving said centerline and South line of Fothergill Subdivision and along the said South line of Lot 5 S89034'25"W a distance of 926.22 feet to the POINT OF BEGINNING. Said Parcel contains 3.94 acres more or less and is subject to all existing easements and right-of- ways of record or implied. C996218pre_legal. doc\CRM\3 Janoo kl7r;7 5�10 ' OF • 14C�� 3 a TO: Shari Stiles Plannirig� & Zonin g Administrator. 200 E. Carlton, Suite 201. Meridian I �_" - --- daho 83642 r' DATE December 29,1999 RE: Heron Brook Townhomes Subdivision' -- - Ms:Stiles: On`behalf of Lyn Hell en and Glen Anders,"we are submitting this application for a Prelimin Plat and Conditional Use fora 40 -lot townhome project on 3.98 acres located on' the northeast comer of -' - Blue Heron Lane and Meridian Road„ Meridian, Idaho.' The proposed subdivision consists of 37 townhouse>lots, l common. lot, with a clubhouse, 1 common lot for the common drive accessing the,, lots; and l ;common lot around the perimeter for landscaping and buffenn The property is currently zoned R-40: 'Me�existing zone is compatible with'the policies and goals of the Meridian City -Comprehensive Plan;anclMa This prbjeet„rvith a density pf9.29 dwelling ' untsper_acre; s'comp atible with the `ComprehensivePlan designations in, the area and as such will not change the general "use or- character of thie ro 1 -- p perfy and will not have any adverse effect on the surrowiding properties.'" The traffic impact on-" the 'surrounding -streets 'should be':minimal as Meridian Road is designated as a Minor Arterial with capacityto carry the, additional traffic. Blue Heron Lane is a substandard local street and will lieimproved as; per ACHD requirements. The Jackson\ Drain, under the jurisdiction of the'Nampa-Meridian Irrigation Distract, is located to the north of the property and is proposed to be left open: The area along the Adrdri will be?;utilized as open space. for tine project ' while 'providing" a maintenance' easement for the Distract. 'With the _ proposed,open space and theexisting openspace located on the north side of the Jackson Drain, an r 80,buffer win be accomplished between our. project and Fothergill' Pointe Subdivisionrto the. north. In'additiori, a paved6' path will be provided along the Drain _ 1 x. _ - Sewer and water (Meridian) are currently to the property and will be extended into the development at the expense. of he developer. All; other utilitieswill beprovided to -the site. All -street, curbs, ,.gutter& and idewalks required will .hie dedicated, to the public and built to AdaCounty. Highway District and Meridian standards., The driveways, and parking areas will be -constructed to,Meridian standards and will meet fair housing act accessibility requirements: Cross access agreements will be 4 provided as required. _ - - 870 NGR717H LPMER 8iJ1 3 �, ,� til, IDC 33c42 X20$) 887-77c0 a c (208) 837-7751 We will be -providing a 20' landscape buffer along Blue Heron Lane. Due to the loss of land to the Highway District (18' ROW —Meridian Road' and 17'. ROW -.Blue Heron Lane) and the 40' .easement associated with the Jackson Drain;- development of the property is severely limited.. We are requesting a variance of the 30' landscape buffer -requirement along Meridian Road to provide a 20' landscape buffering lot. In my discussions `with-ACHD, any widening of Meridian Road would " not -take place sooner than. 8 years andprobably *6116eyond that time: They have indicated that we could.provide an additional, 10' of temporary -landscaping within the'new- ROW -for Meridian Road. In addition, limited landscaping will be provided along the Jackson Drain and within other common',,— lot areas of the project - ; - We_ are requesting ;a variance of the setback requirements for the side yard on the zero, lot lir e townhouse lots`and.front yard setback for the carports.. The subdivision will adopt restrictive covenants, which have been provided for your review Site Report: - " -�'he , site ,is prim aniy -made up of Aeric Haplaquepts soils on the north and Purdam soils along'Blue Heron,, Lane ,Water tables Within �-Aeric,Haplaquepts soils generally range from'' _ 1.5 to 3.0. feet between lune''and October. Water tables within ;Purdam'soils generally,range greater than 6—feet /Flooding within, this area of soils is rated as rare and none. Statement of Compliance - 1.L All' driveways parking, curbs, guttersand ,sidewalks will be constructed- to Meridian City Qrdnance`standards 2. < The'proposed use=is in conformance with -the City. of Meridian Comprehensive Plan. The development will be connected ., aCity services 4. This development -will be iri compliance. with Meridian City Ordinances- _ 5. The, preliminary plat will include all appropriate easements: 6. All street n_ amen are existing and should not interfere with the City grid. Affidavits: - - property ; Po, P g postings, - 1.. Thiswill be -posted 1 week before the -public hearing with containing . the name of the applicant, description of the zoning- amendment; and time and date :of - the public hearing._ 2. The applicant has read the contents of this application and verifies that the information-`__ contained herein is'true and correct. If you have,any questions or comments regarding this matter, please call me at (208) 887-7760. - Sincerely, - ,I u . �.I , ert C. Unger ,I t ' Project Manager�'71 v / cc.: File #C996218 Y V" I \ V -1. 10 P' \A CIVIL\C996218\996218bs . dwg "''u Dec 30 15: 14: 08 1999 i a � 0 0 d m C z d a ----}--_-a s ---- ------ ---- - p ----------- --- ------ F._-------� -- --- - --- ---- ------------------ C-- 0, ---- A r/ If" :� �• i �/�l% it /ri p I J / , r d�/i � /�/i i /� � 5 ■ a � $l i i� � �� 1 II, 3 rii ii'l' i�l � i I I If • i'ilii �i ��ii I I I 6e i' i t jr� II �� %ill 'ii iiii Xi ' Bkgo �a g g6Fl� 5e MEQ#y # §Q 9€##'� z li i lrr / /r o '#ffi.p3 J$ # R�' i5�� y $ •a. a,3 s5i# q �� w 11 �Ax N A � iii �//�i f y �� E �€ 1�- • �� '°g� O z OW kkk i ,oda o C=O Ell �e 0 J 11 E;lil li O z HERON BROOK TOWNHOIvIES PINNACLE P F2 E L I hil I ISI A F2 Y P I T Engineers, Inc. �- VICINITY MAP HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet m PINNACLE ENGINEERS, INC. [� S3n1w01 870 N. LINDER RD, STE B, MERIDIAN, IDAHO 83642 PROJECT# C99621 Stseg PH (208) 887-7760 FX (208) 887-7781 DATE: 9/1/99 S3n1e06 AERIAL MAP HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet PINNACLE ENGINEERS, INC. 870 N. LI NDER RD, STE B, MERIDIAN, IDAHO 83642 S3nlw01 PH (208) 887-7760 FX (208) 887-7781 Stseg S3nleO6 PROJECT # C99621 DATE: 9/1/99 HERON BROOK TOWNHOMES PROPERTY OWNERS WITHIN 300' MCSTAY ELEANOR A 82 W WOODBURY DR MERIDIAN ID 83642-5490 RILEY MARK L & RILEY CATHY V 3208 SNOWFLAKE WAY BOISE ID 83706 64 W WOODBURY DR WATSON CHAD D & CARRIE 22 W WOODBURY DR MERIDIAN ID 83642-5490 GIBBONS CHRISTOPHER E & GIBBONS MEREDITH A 97 W WOOD13URY DR MERIDIAN ID 83642-5490 WATERBURY PARK NEIGHBORHOOD ASSOCIATION INC 2304 N COLE RD BOISE ID 83704-7371 116 W WOODBURY DR CASTRONOVA DARLENE F 75 W WOODBURY DR MERIDIAN ID 83642-5490 BOURN KARA L 53 W WOODBURY DR MERIDIAN ID 83642-5490 OLDHAM JOAN D AND NELSON WENDELL & DONNA 37 W WOODBURY DR MERIDIAN ID 83642-5490 GRIFFARD ORVLE L & GRIFFARD MAXINE 80 W WATERBURY DR MERIDIAN ID 83642 TORKELSON TYLER 2455 N MERIDIAN RD MERIDIAN ID 83642-7513 ST GEORGE JASON DAVID 29 W WATERBURY DR MERIDIAN ID 83642 HILLIARD LOREN AND TUCKER TRACY 57 W WATERBURY DR MERIDIAN ID 83642-5495 GOLSE JERRY M 79 W WATERBURY DR MERIDIAN ID 83642-5495 VALDEZ MAXINIANO AND ROSE SHONA R 99 W WATERBURY DR MERIDIAN ID 83642-5495 HICKMAN CRAIG A & HICKMAN LORI A 82 W CHRISFIELD DR MERIDIAN ID 83642-3255 SORELLE MAURICE P & SORELLE NELLIE L 58 W CHRISFIELD DR MERIDIAN ID 83642-3255 MAENDL EUGENE L & MAENDL KAMA J 24 W CHRISFIELD DR MERIDIAN ID 83642-3255 KOTSYUBA PETER & KOTSYUBA MARIA 67 W CHRISFIELD DR MERIDIAN ID 83642-3255 THOMPSON JAMES E & THOMPSON NORMA J 43 W CHRISFIELD DR MERIDIAN ID 83642-3255 NUTTALL JODI I & NUTTALL WENDY 19 W CHRISFIELD DR MERIDIAN ID 83642 INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL 1910 W SUNSET BLVD SUITE #200 LOS ANGELES CA 90026-3247 N MERIDIAN RD KING VERL G & HUISH TRIXI KING MERLYN P 149 E WOODBURY DR 2580 N MERIDIAN RD MERIDIAN ID 83642-5573 MERIDIAN ID 83642-5455 CHAVEZ JIM H MERIDIAN CITY 2491 N EUREKA AVE 33 E IDAHO AVE MERIDIAN ID 83642-4402 MERIDIAN ID 83642-2631 E WOODBURY DR BICKMORE ALLEN D & BICKMORE JULIE M RHINEHART DOUGLAS C & 103 E WOODBURY DR RHINEHART MARY A MERIDIAN ID 83642-5573 2553 N RICHTER AVE MERIDIAN ID 83642-5574 ANDERS GLEN 483 N QUARRYVIEW PL WALBRIDGE RAYMOND T & BOISE ID 83712 WALBRIDGE SHARON H 80 E BLUE HERON LANE 2560 N RICHTER AVE MERIDIAN ID 83642-5574 BUNDY DOYLE WAYNE & BUNDY PATTI ANN OKE DARREN M & 2486 N LARCHMONT PL OKE PAMELA S MERIDIAN ID 83642-5578 2551 N VOYAGER AVE MERIDIAN ID 83642-5575 KYLE CHRIS A & KYLE WANDA J LONG ROGER A & 235 E WOODBURY DR LONG FLORA B MERIDIAN ID 83642-5573 2558 N VOYAGER AVE MERIDIAN ID 83642-5575 GALUSHKIN MIKHAIL & GALUSHKIN LIMA REGELIN TERRY L & 165 E WOODBURY DR REGELIN RENAE T MERIDIAN ID 83642 2547 N TUSCAN AVE MERIDIAN ID 83642-5576 VAN PATTEN BRENT T & VAN PATTEN GAIL HOLLOWAY RONNIE B & 2481 N LARCHMONT PL HOLLOWAT PAIGE MERIDIAN ID 83642-5578 2531 N LARCHMONT AVE MERIDIAN ID 83642-5577 GREENE ROBERT J & GREENE LISA M KINGSTON CHARLES III & 211 E WOODBURY DR KINGSTON TONIA C MERIDIAN ID 83642-5573 2536 N TUSCAN AVE MERIDIAN ID 83642-5576 BAQUERO NELSON R & BAQUERO BEATRICE SHABURA VASILY & 189 E WOODBURY DR SHABURA SVETLANA MERIDIAN ID 83642-5573 87 E WOODBURY DR MERIDIAN ID 83642-5573 ZAMORA JOHN & ZAMORA KATHY BELL RONALD R & 2475 N EUREKA AVE BELL JULIE V MERIDIAN ID 836424402 117 E WOODBURY DR MERIDIAN ID 83642-5573 HAMMONS KENNY D & NAMPA IRR DIST AND HAMMONS MARIBEL R MERDIAN IRR DIST 2463 N LARCHMONT PL 1503 1 ST ST S MERIDIAN ID 83642-5578 NAMPA ID 836514324 2442 N LARCHMONT PL MARSHALL GARY L JR & MARSHALL BOBETTE HAWE RALEIGH & DIEUW 2472 N LARCHMONT PL 530 BLUE HERON LN MERIDIAN ID 83642-5578 MERIDIAN ID 83642-5544 LARSEN MARY L & FOTHERGILL VIRGILL AND LARSEN ABBOTT JON C FOTHERGI LL SHELDON 2440 N EUREKA AVE 440 BLUE HERON IN MERIDIAN ID 836424402 MERIDIAN ID 83642-5544 BRADY CHRISTOPHER L & SCHWERD CHESTER D BRADY SARA A 245 HERON 2453 N EUREKA AVE MERIDIAN ID 83642 MERIDIAN ID 83642 E BLUE HERON ST 225 E BLUE HERON LANE KINNEY CHRISTOPHER P 2445 N LARCHMONT PL KNAPP CHARLES SR & MERIDIAN ID 83642-5578 KNAPP DELORES 185 BLUE HERON LN WARD TROY RYAN & MERIDIAN ID 83642-5566 WARD KIMBERLY SUE 2456 N LARCHMONT PL CHALFANT FRANK E JR MERIDIAN ID 83642-5578 2014 N 23RD ST BOISE ID 83702-0521 MCBRIDE KEVIN JOHN E BLUE HERON ST 2424 N EUREKA AVE MERIDIAN ID 83642-4402 CUNNINGHAM TED L & CUNNINGHAM MARCELLA R RAYANIC STEPHEN ANDREW & 125 BLUE HERON LN RAYANIC SANDRA MERIDIAN ID 83642-5566 2431 N EUREKA AVE MERIDIAN ID 83642-4402 BORUP CONSTRUCTION INC 2250 N MERIDIAN DAVIS JENIFER J AND MERIDIAN ID 83642 SIMS HAROLD G & JULENE D 2310 N MERIDIAN RD 2442 N LARCHMONT PL MERIDIAN ID 83642 WEBB OLAN B & WEBB FERN P 2412 N EUREKA AVE MERIDIAN ID 83642-4402 BARKER JOHN D & BARKER JEANINE M 833 E MOOSE MERIDIAN ID 83642-3485 2407 N EUREKA AVE DEC -23-1999 08:53 FROM s MARCUS MERRICK MONTGOMERY TO n DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION I. 8877781 P.02 DRAFT KNOW ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify and declare: That HERON BROOK, LLC, an I"iv livatud liability cvuipuny, is the owneT in fee simple of the following described real property, located in Ada County, Idaho: All of the lots in HERON BROOK SUBDIVISION, according to the official plat thereof, on file in the office of the Recorder of Ada County, State of Idaho, as shown by Book _ of Plats at Pages and , records of Ada County, Idaho. II. PROPERTY USE RESTRICTIONS HERON 13ROOK SUBDIVISION is intended to provide housing for senior citizens where people can own their uwu Lvuies vu their own lots in a secluded area with limited access, with property use restrictions designed to enhance the peace and comfort of its residents. To that end, the following restrictions shall be applicable to the properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. LOQ' USE: All Lots shall be used for single family residential purposes except the clubhouse lot_ The owner of each Iot shall complete construction of a DECLARATION OF PROTECTIVE RESTRICTIONS AND C;OVENAN'1 S HEROIN BROOK SUBDIVISION - Yage 1 12/23/99 tlmmmlsysldatakm3data\1923\0011cc&t2.doc DEC -23-1999 08:54 FROM MARCUS MERRIC_K MONTGOMERY TO 8877781 P.03 Dwelling Unit as permitted herein with two (2) years after the date of the first conveyance of a lot to an Owner by Declarant. To the extent permitted by law, The Fair Housing Amendments Act of 1988 (Section 807/24 CFR 100.300 et seq.), no person may regularly reside upon or occupy a Lot unless at least one (1) person tilty-love ()5) years of age or older regularly resides upon or occupies said Lot. A minimum of eighty percent (80%) of residents must be fifty-five (55) years of age or older. III That all of the real property and all lots, parcels, or tracts thereof, and any wnveyaace describing all or any part hereof, either by reference to the official plat of said subdivision or by a number of designations therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interest, the grantee or grantees and their heirs, executors, administrations, successors, and assigns, and each of them, agree with each other as to the property so described or conveyed in or by such conveyance, as follows: A. ASSOCIATION: Where ".Association" is referred to in this document. it shall mean and refer to the Heron Brook Subdivision Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. B. BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lot, except the clubhouse lot and be restricted to single family dwellings which may include: duplex, zero lot line dwellings. No structure shall be erected upon any residential building; site other than residential DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 2 12/23/94\lmnun\W\datalcm3data�192310011cc&r2.doc PEC -23-1999 08:54 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.04 dwellings and accessory buildings, none of which shall exceed twv (2) stvries in height. C. 'TYPE OF BUILDING: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. All building plans shall he approved by the Architectural Control Committee. D. MINIMUM BUILDING SIZE: All residential single family dwelling buildings erected upon said property, shall have a minimum floor area of not less than 1,300 square feet on the ground 11uur, wiuiuium square foot for ono -half (1/2) duplex unit 800 square foot per side (exclusive of garages, carports, patios, breezeways, storage rooms, porches and similar structures), except two (2) story houses shall have not less than 750 square feet on each floor, and a minimum of a double -car garage is mandatory for each single family unit; that zero lot line duplexes are allowed as townhouses and mcct the Fire & Life Safety Codes E. BUILDING LOCATION: No dwelling house, garage, nor any part thereof, not any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building fvundatiuu ur wall ,lull be erected with less than a five (5) foot per story side yard of the house; except, buildings on corner lots shall be at least twenty (20) feet from the side street. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SU BDIVISION - Page 3 12/23/99 \\mmm\sys\data\cm3data11923\001\cc&r2.doc DEC -23-1999 08:55 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.05 On ccry lvt liur, Juplcx unAb, nu building fvundatiun yr walls shall be erected with less than five (5) foot side yard on one side of the unit. For the purpose of this covenant, eaves, steps and gutters shall not be considered as a part of the building: PROVIDED, HOWEVER. that this shall not be construed to permit any portion of a building or any side to encroach upon any other site. Where, it is architecturally possihle, it is recommended that all garages be incorporated in and made a part of the dwelling house. F. BULDING SITE: A building site shall consist of: 1. A minimum of one (1) of the residence tracts as platted in said plat, and as dtseribed in a deed or conveyance,; or 2. A parcel composed of portions of one (1) or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimensions and areas being in conformance with the requirements of Subdivision and Zoning Ordinances effect at that elate. G. MOVING OF BUILDINGS—CONSTRUCTION OF OUTBUILDINGS: No building or structure shall be moved onto said real property from any land outside of said plat. No trailer houses shall be parked in any street, or within building setback lines. Nu trailer, basun villb, tent, shake, gauage. barb vt %)diet outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENAN'T'S HERON BROOK SUBDIVISION - Page 4 12/23/99 \\mmm\sys\data\cm3data\1923\001\cc&r2.doc DEC -23-1999 08;55 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.06 erection of the dwelling house thereon, except that a garage or othet siuiildr small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. H. PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously form time of commencement thereof until such dwelling and associated structures are fully completed and pained. All structures shall be completed as to external appearance, including painting, within eight (8) months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. I. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected. maintained or permitted upon any lot. J. EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is ncccssary in conncction with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 5 12123/99\\mmm.\sys\datalcm3data\19231oollcc&r2.doc DEC -23-1999 08:55 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.07 IL. REFUSE DISPOSAL—MATERIAL S'T'ORAGE. Nu machinery, appliance, structure or unsightly material, Junked or dilapidated vehicles or automobile parts may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes or other refuse may be thrown, dumped or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Granter or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have he right to enter upon any vacant building site for the purpose of burning or removing weeds bu'lr, growth or refuse. L. FENCES—HEDGES: No fence, hedge, berm or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event shall it be greater than six (6) feet in height, behind the building front or side street setback lines, above the finished graded surface on the street side sidewalks or the ground upon which such fence, hedge berm or wall is situated, except, if on a berm the height of the berm shall be deducted from the otherwise allowed height. No fence, hedge berm or wall shall be constructed in front of the front side street setback lines greater than four 94) feet in height if open chain link fence or three (3) feet in height if solid fence: except, if on a berm the height of the berm shall be deducted from the allowed height of the fence. No fence, berm, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 6 12/23/99 iimmm\sys\dataicm3data1192310011cc&r2.doc DEC -23-1999 08:56 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.08 roadways shall be placed or permitted to ieivaiu vii auy t;wn ;r lut within the triangular area formed by the street property lines and a line connecting them at point thirty (30) feet from the intersection of the street property lines extended. The same sight -line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be Permitted to remain within such distance; or such intersections unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. A LANDSCAPING ---REQUIREMENTS: Landscaping of front and back yard is to ba completed within thirty (30) days of substantial completion of home or within thirty (30) days of occupancy, whichever is earlier, to include sod in the front and back yard, automatic sprinkler system, front and back yard, one flowering tree of at least one and one-half inch (151 caliper or conifer tree of at least six (G) teet in height, three (3) tivc gallon plants and Live (5) one gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee_ Each homeowner is required to have a photo -sensitive light, wired to breaker panLl, iustallri in the fivut yawl within fiftvvu (15) feet of the fivilt property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulk power of 40 watts. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 7 12123/99 \Vw=m sys\datalcm3data1192310011cc&r2.doc •DEC -23-1999 08=56 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.09 N. NOXIOUS VSE OF PROPERTY --SPITE FENCES: Nu purdon of the real property nor of a building site nor any structure thereon shall be used for the conduct of any trade, business or professional activities. Noxious or undesirable acts or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. the determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon aII parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owmcr that any wall. fence, hedge or tree falls within the latter category shall be conclusive upon all patties. Q. GENERAL APPEARANCE AND NEATNESS OF PROPERTY: No recreational vehicles nor other vehicles larger than a three-quarter (3/4) ton pickup shall be parked on any lot in HERON BROOK SUBDIVISION nearer the street than the front line of the dwelling, or in the street right-of-way. For the purposes of the Protective Restrictions and Covenants recreational vehicles shall include, but not be limited to: boats, campers, motor homes, snowmobiles, motorcycles and race cars. All maintenance work performed on the above vehicles or personal automobiles shall be done inside the garage with the doors closed. No vehicle shall be parkW on the street veer night. .All Grantees in HERON BROOK SUBDIVISION shall maintain that property in a neat and orderly fashion. A front yard light and landscaping must be installed within thirty (30) days from the time the dwelling is occupied, unless weather DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK. SUBDIVISION - Page 8 12/23/99 \\mmm\sys\data\crn3data\1923\001\cc&r2.doc -DEC -23-1999 081-57 FROM MARCUS MERRICK MONTGOMERY TO 5877781 P.10 does not allose for installation and must be maintained and watered. It shall be the responsibility of the house builder to install the yard light and landscaping. All Grantees shall maintain the dwelling in good repair and appearance and shall not allow the buildings, fences, landscaping or any other part of the property to have a shoddy appearance. P. BILLBOARDS—SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period. Q. ANIMALS: No livesluok, exuzptiuy, dugs and %;dth, slidll bu pwalitted at airy tiiate upon the real property of the subdivision. Dogs and cats are permitted (no more than two) and only as pets and no boarding or commercial enterprises will be permitted. Habitually noisy dogs shall not be permitted. No dogs shall be allowed to run at large. R. ANTENNAE' Installation of radio and/or T.V. antennae is prohibited outside any building. Installation of satellite dishes is also prohibited without written permission from the Architectural Control Committee. IV That no building shall be erected, placed or altered on any lot until the construction plans and specification and a plan showing the location of the structure have been approved by the Architectural control Committee, hereinafter designated, as to quality of workmanship and materials, harmony of external design with existing structures and as to DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 9 12/23199 11mmm\sys\datalcm3data\ 1923\001 lcc&r2.doc DEC -23-1999 08:57 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.11 location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, as provided in Paragraph V hereof. As to all improvements, construction and alterations upon building sites, the Architectural Control committee shall have the right to refuse to approve any design, plan. floor area or color for such improvements, construction or alterations which is not suitable for desirable in the opinion of a majority of said committee for any reason, aesthetic or otherwise, and in so passing upon such designs the committee shall have the right to take under consideration the suitability of the proposed building or other structure, and the material of which it is to be built and to the exterior calor scheme, Lo Lhe a1Le upull which it is proposed to ln; erected, the harmony thereof with the sun ounditlgs and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall effect the desirability or suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval by the Architectural Control Committee. V The Architectural Control committee is composed of and , Boise, Idaho. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK. SUBDIVISION - Page 10 12/23/99 \\n n \sys\data\cm3data\1923\001\cc&r2.doc DEC -23-1999 08:58 FROM MARCUS MERRICK MOHTGOMER`r' TO 8877781 P.12 the Comnuttee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative. shall be entitled to any compensation for services performed pursuant to this covenant. At the time one hundred percent (100%) of the building tracts or lots in HERON BROOK SUBDIVISION have been initially occupied, the then owners of the building tracts or lots shall elect resident property owners as the members of the Architectural Control committee to replace those persons or their replacements named above. Such election may be by a general meeting or a written ballot circulated to all residents, with the three persons receiving the most votes deemed elected. A written instrument setting forth the results of the election shall be duly recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter the then record owners of a majority of the lots as shown in the plat of the subdivision shall have the power, through a duly recorded instrument, to change the membership of or to withdraw from, the Committee or restore to it any of its powers and duties. No member of the Committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. VI That the Architectural Control Committee's approval as required in these covenants shall be in writing. In the even the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required of such Committee and the related covenants shall be deemed to have been fully complied with_ DECLARATION OF PROTECTIVE RESTRICTTONS AND COVENANTS HERON BROOK SUBDIVISION - Page 11 12/23/99 \\mmm\sys\data\cm3data11923\0011cc&r2.doc •DEC -23-1999 08.58 FROM MARCUS MERRICK MOf4TGOMERY TO 8877781 P.13 VII That the owner of said zeal property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten (10) foot easement across and along the street lines of all lots and a fifteen (15) foot easement along the rear lot lines of each said lots for the purpose of constructing water mains, electric distribution lines irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth. The easement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. No structure, planting or other materials shall be placed or permitted to remain within these easements which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through drainage channels in the easements. An easeniont is hereby granted to the Idaho power company, a corporation, its licenses, successors and assigns, a permanent and perpetual easement, sufficient tin width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times to construct, maintain and repair underground power lines through, under and across said lands; together with the right, at the sole expense of he Idaho Power company to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery and other obstructions and improvements interfering with the location, construction and DF0WRATION OF PROTF.C'TYVF, RESTRICTIONS AND COVENANTS HERON BROOK SUBDMSION - Page 12 12123/99 \\mmm\sys\data\cm3data\19231001\cc&r2.doc •DEC -23-1999 08;59 FROM MARCUS MERRICK MONT50MER`r' TO 8877781 P.14 maintenance of said power lines on and across the following premise, belonging to the said owner in Ada County. State of Idaho. The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Planning and Zoning commissions having jurisdiction, to determine and designate the location upon such easements of all irrigation ditches. pole lines, sewer lines and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation or death, the remaining members of the committee shall fill such vacancy by appointment of an owner of property within this subdivision to such Committee. VIII HERON BROOK SUBDIVISION HOMEOWNERS' ASSOCIATION INC.: The Association is formed to provide for ownership, management, maintenance and operation of Lot — Block — which is designated a common lot, clubhouse and recreational lot. The Association has duties and obligations not covered in this Declaration, and are set forth in the Articles and By -Laws of the Association recorded in the Office of the Recorder of Ada County, Idaho, which by reference herein become part of this Declaration. The Association has the authority to assess the lots for the operation and maintenance of the above mentioned systems; hvwever, the Associatiun docs nut liave auy puwer tv assess Lire r4sidurilial lots of the Subdivision for any other purpose whatsoever. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 13 12123/99 \\nirmn\sys\data\cm3data\19231001\cc&r2.doc •DEC -23-1999 08:59 FROM MARCUS MERRICK MONTGOMERY TO Ily. 8877781 P.15 That these Protective Restrictions and Covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereon for a period of twenty (20) years from the date this document is recorded_ at which time said Protective Restrictions and covenants shall be automatically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said Protcctivc Rcstrictioiu and covenants, and such ternxination or aravadmcnt shall bccornc effective upon the filing of such instrument or instruments for record in the Office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain property references by volume and page numbers to the record of the plat and the record of the Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. 1A That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants the HERON BROOK SUBDIVISION HOMEOWNERS' ASSOCIATION, INC., yr any person yr persons vwning any real property embraced in the said subdivision plat, shall have full power and authority to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDIVISION - Page 14 12/23/99 t\znnn mn sys\datalcm3data1192310011cc&r2.doc 'DEC -23-1999 09:00 FROM MARCUS MERRICK MONTGOMERY TO 8877781 P.16 of the mid Protective Restrictions and covenants, and eithci to prevent him, or her, or them from so doing or to recover damages sustained by reason of such violation. XI That the invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way effect or invalidate any of the other provisions, sentences or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. HERON BROOK, LLC Lyn Hcllcn, Managing Mcmbcr Glen Anders, Managing Member STATE OF IDAHO ) ss. County of Ada ) On this day of December, 1999, before me., the undersigned, a Notary Public in and for said state, personally appeared Lyn flellen and Glen Anders, known or identified to me to be the Managing Members of Heron Brook, LLC, the persons who executed the foregoing instrument on behalf of said LLC, and acknowledged to me that Heron Brook, LLC executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho (SEAL) My Commission Expires: DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS HERON BROOK SUBDMSION - Page 15 12/23/99 \VnmmNsys\data\cm3 data\ 1923 \0011cc&r2. doc 324 SOIL SURVFy r-1 0 1 o N I m mI L s- L O O O O O O O O O O O O O O O O O O O p o .J a 01 ------aa ----------------- -------3 -----3 -----1-----A -------3 --------3a -- ---- a Y r r r _ e.� v 0 0 0 0 a 0 Y 0 v r r ar { 0 0 m r ar m- ol m m m m m m r ca c' r r +� r +� r N u t m m r r m t m m u m e m cu m 0 l L L L L L L Y L L r r L { L L L y L L to aP O +) 0 0 0 0 N 0 A 0 0 A A 0 A 0 0 0 A 0 y •'/� V m •O 'O •O •O •O 'V m V V m[81 •O m b •O •O m •p •O aCI C O O O O O O •.a 0 O •� •.+ 0 0 O O •.+ O p O_ I______--________________� m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y f y 0 ❑ ,> .0 .N .N -P,.P -0) V) o m m m m m m m m m ca m m m m r r c r C O •� L L L L L L L L L L L L L L Y Y Y P m 0 L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y r P Y a� " U TJ •O •o •U 9 •O V V •O b 'O b b •D 3 3 3 3 0 'p 0 m� 0 O O O O 0 O O 0 O O O O 0 O O O 0 O p a I g E a 0 a 0 0 0 Y f7 r-1 '•i H D •O V!I Y r f Y y YY P Y Y A Y A t Y A r t Y Y i 0 L 0 Y Y Y Y Y Y Y Y Y a m a m Y a m y Y Y Y r Y 1 J� m C C P Y i' P Y e r Y Y a •.a a Y •.I O. i Y Y Y Y Y C S cz E A O O O 0 +� 0 HI Y r Y P r r r Y r O O Y O r P Y Y Y Y O N N N d7 0 YI C U � '� "O P •O 'O P r •O f V Y Y r Y r r i' Y O L L f L L P L Y L Y Y Y Y f Y t Y r Y r L m m Y m m Y t Y m Y m Y Y Y Y Y P Y Y Y 1 W S S x S S x Y >aI s o o O o .7 O 7 N O O =r O Z O O O O O O O O O d 0 CI Y 'O P Y 110 r 10 10 10 10 10 10 10 \0 10 O 10 H O n O O n n O n O n n n n n n n n n n Q N N N N r 0 C r Y Y f Y r Y F Y r r y Y Y Y P Y Y Y •4 O O f L � I y C I Y P Y Y Y r Y Y Y Y Y Y r Y Y � •.i I f Y r Y Y r r Y r Y Y t Y Y Y Y f Y f 3 + s C A CL +� O O O O O O O O O O O O O O O O O O O �D �O 10 10 .0 10 %0 %0 10 10 \O 10 10 %O 10 kD o n n n n n n n n n n n n n n n n n n n rn --- ----------------------------------- A 4� r i' r r r r e rr r r r Y r r r r e r r o Y r r r r r Y f e r r Y r e Y e r Y f a r r r e P e i r rr r r r r r Y r r e r r r f r e r r e r r r r r r r Y r r r y r e t r r r e { r Y r i C r i r r e r Y r P { Y V Y Y Y Y t Y •.i 0 r r r e y r r r r r r r e Y It Y P r 3 P Y Y t Y Y Y Y r r r r r e r e r Y r P P F i Y Y y Y r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L C C C C C C C C C C C C C 0 C 0 C 0 0 0 0 w O O 0 O 0 O O O 0 O 0 O O O O C C C C O - -- -- -- -- ---- z -- -- z -- -- z -- -- -- z -- -- z -- -- -- -- z -- -- ---- z z z z z z z z z O z 0 z O z z -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- ---- - o •� L ha •C7 O O U CO U U [0 O] U Cq U U > ri L U W U m Q Q0 Q M x bc - -- -- -- -- -- -- -- -- e -- -- r -- -- -- Y -- -- r -- -- -- -- r -- -- -- -- -- Y -- -- P -- -- -- r -- -- P -- -- -- r -- -- -- -- r -- -- r -- -- -- -- r -- -- Y -- -- -- -- -- Y -- -- -- r -- -- Y -- -- -- e -- -- r r r r Y r ^*^ r P r r r •• r r r P y r r P r •0 Y P Y Y Y r o0 Y r Y Y t 1k Y 11 Y Y Y Y sc r f I Y Y Y Y Y Ul M Y Y P Y Y �O e Y P Y Y r Y N Y Y m Pr Y ? re Y YY Y r Ul P t 0Y O Y Y f P r e Y Y m Y Y 11 V A Y E E Y P Y Y .— P ^aK Y Y P P Y y Y Y •O Y e Y f F f Y +k Y Y Y r Y Y P * Y m >+ d) Y Y r e r n m 2 Y r Y r n r r r r CCU Y Y C N P N O O r M t C Y N N Y r Y Y .-•i Y r ti) 0• +� Y 4� C M P L .— L 'H r a� ? 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N ° 3 .. N V •• N m N •.I L Y b P rr Y 1.1 1 N O, P O Y L ^L� * L m �k L m L N •• m U Mca d i m ° d * O m w Co •- 00 m y Co .-7 N 03V] N -co O W rd Nd Ind X00 t-� 00 aays 1334 000 SCE su!of) i6Li 69 09 i 817 VT 3! 81 6b �� 'b Y 9 .�03NN3)1 o 0 9 09 5 m rt 84 >y�� b 8b l..u�.L O l71�l A ibT o O { 817 7,41 T N TO e -N 0 cJ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 05-16-00 IN THE MATTER OF THE ) Case No. PP -00-004 REQUEST FOR PRELIMINARY ) PLAT FOR HERON BROOK ) FINDINGS OF FACT AND TOWNHOMES SUBDIVISION ) CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL BY PINNACLE ENGINEERS, ) APPROVAL OF PRELIMINARY INC. ) PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 2, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Bob Unger of Pinnacle Engineers, Inc., appeared and testified, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins -Clark, Assistant Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat at the May 2, 2000, City Council meeting, and the "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DING, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 1 TOWNHOMES SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned High Density Residential (R-40), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. - The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 2 requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DKG, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK TOWNHOMES SUBDIVISION." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DKG, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK TOWNHOMES SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Applicant shall make any, corrections necessary to conform. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 4 Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.4 Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant shall be responsible to construct the sewer mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.5 Water service to this site shall be via extensions from the existing 10 inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant shall be responsible to construct the water mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.6 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.7 Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 5 2.8 A final detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, and all proposed ground cover/treatment. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. The concept landscaping shown on the preliminary plat is acknowledged and approved with the additions and changes noted under Site Specific Comments. 2.9 Applicant shall be required to dedicate all right-of-way along Meridian Road and Blue Heron as required by ACED prior to the issuance of any building permits. 2.10 The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ± 1.0 feet below existing ground surface. With this shallow depth, it is highly unlikely that a sub- surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum 3 -feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 2.11 Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least 3 -feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least 1 -foot above the high ground water. 2.12 The driveways have been redesigned to a 30' back -of -curb to back -of - curb. The Applicant has reviewed the west end of the driveway with Kenny Bowers, Fire Chief, and as long as it is not more than 150' from the intersection of the north/south driveway there shall be no requirement to provide a turnaround for emergency vehicles. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 6 Adopt the Recommendations of the. Fire Department as follows: 2.13 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.14 The Applicant shall provide an emergency turnaround at the entrance and driveway of the clubhouse lot. Additionally, the installation of a fire hydrant will be placed in the clubhouse lot area. Adopt the Recommendations of the Central District Health Department as follows: 2.15 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.16 Run-off is not to create a mosquito breeding problem. 2.17 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.18 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: 2.19 Sanitary services has no objection to this preliminary plat. The Applicant shall provide for dumpsters in two locations and shall coordinate the locations with the Public Works Department. Adopt the Recommendations of the Ada County Highway District as follows: 2.20 Dedicate 48 -feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 7 2.21 Dedicate 15 -feet of right-of-way from the northern edge of right-of-way of Blue Heron Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because Blue Heron Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 2.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.23 Improve Blue Heron Lane abutting the site as one half of a 36 -foot street sections plus 12 -feet of additional pavement with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. 2.24 Provide a paved temporary turnaround at the end of Blue Heron Lane with a temporary easement provided to the District. Coordinate the easement and design of the temporary turnaround with District staff. 2.25 Locate two 30 -foot wide curb return driveways with 15 -foot curb radii off Blue Heron Lane approximately 120 -feet and 500 -feet east of Meridian Road. Pave the driveways a minimum of 30 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Blue Heron Lane. 2.26 Provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public street prior to final plat approval. 2.27 Replace the unused curb cut on Meridian Road. located approximately 130 -feet north of Blue Heron Lane, with standard curb, gutter and 5 - foot wide concrete sidewalk to match existing improvements. 2.28 As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 2.29 No access points to Meridian Road have been proposed and none are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 8 approved with this application. 2.30 The Nampa &- Meridian Irrigation District's Jackson Drain courses along the north boundary of this property, and the recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facility. B action of the City Council at its regular meeting held on the 16-1— day of , 2000. By. RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: City Clerk msg/ZAWork\M\Meridian 15360M\Heron Brook CUP and PP\FfClsOrd.PP 0 OF =l6 D0 SEAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) April 27, 2000 PP 00-004 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Pinnacle Engineers ITEM NO. REQUEST Preliminary Plat for 3.98 acres - 40 -lot townhouse project for proposed Blue Heron Brook Townhome Sub in an R-4 zone - NE corner of Meridian Road and Blue Heron I nnP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached P & Z Minutes See attached Recommendations OTHER: See attached from Sally Norton Materials presented at public meetings shall become property of the City of Meridian. f 11 � (,- V-1 MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING April 3, 2000 A special meeting of the Meridian Planning and Zoning Commission was called to order at 6:30 p.m. by Chairman Keith Borup. THOSE PRESENT: Keith Borup, Sally Norton, Kent Brown, Tom Barbeiro. OTHERS PRESENT: Steve Siddoway, Bruce Freckleton, David Swartley, Will Berg. Borup: We'd like to open this meeting of Meridian Planning and Zoning Commission. This meeting tonight is a special meeting to hear four items. 1. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 40 BUILDING LOTS ON 3.98 ACRES FOR PROPOSED HERON BROOK TOWNHOMES BY PINNACLE ENGINEERS, INC. — NE CORNER OF MERIDIAN ROAD AND BLUE HERON LANE: Borup: Steve. We've got your staff memo. Siddoway: The site location is off of Meridian Road, Waterbury Park here, Fathergill Subdivision here. This is the intersection of Blue Heron Lane and Meridian Road as it sits today. This is the drain that runs along the north side of the property. This is a view from taken across Meridian Road looking at it. You can see there is an existing house on the property. This was the original plat that you saw the last time we met. Some specific revisions were requested and in the motion by Commissioner Kent Brown and a revised plat as been submitted. My memo dated 4/3/00 is in response to this revised plat. It does change the common lot for the landscape buffer on Meridian Road to 35 feet as requested. The road width internal for the project has been increased to 30 feet, curb to curb as requested. The zero foot setbacks for the carports do still remain. There was also a requirement to prohibit on street parking, which has not been added as a note on the plat but I did note it on here as a condition of the plat. A couple of other minor things. The dimension in this location it dimensions the landscape buffer along Blue Heron Lane incorrectly labeled as 18 feet. Should be corrected to show as 20 feet. The first note on the plat states that setbacks will be in compliance with current zoning regulations and obviously they are getting some variance from that and the note ought to reflect those changes that we are approving. Just note that and then we also note that as a result of these changes with the added setback and larger roads, we did lose one building lot and its in this location right here. You lost this one but picked one up over here. I think there was 4 here originally now there is three. They shifted, these is the same number you saw before. They just shifted them all to the east slightly and there were two of these little 6 foot connections. It is now gone. Parking shifted around but with those minor modifications they were able to retain the same number of lots minus one and meet the requirements that we're asked of them by the commission. Meridian Planning and Zoning Commission April 3, 2000 Page 2 This is how it lays out with the landscaping and the conditional use permit plan to reflect those changes and that is all I have at this time. Borup: Any questions from the Commissioner's. Brown: Steve, about the parking curb painting. Was that what the note says? I did not read the note. Siddoway: My note just states on here that the requirement for prohibiting on street parking has not been added as a note to the preliminary plat, but is noted here as a condition of the plan. Brown: So, the way the condition is worded, does it require that it be posted and painted. Siddoway: I have not written that specifically, so we will need to make that part of the motion. Brown: I went back and look at the minutes and that was a part of the original motion for the conditional use permit that that be— Siddoway: Right. Painted and posted, yes. That note has not been added to the preliminary plat. Borup: Anyone else. Would the applicants representative like to come forward. Unger: Bob Unger with Pinnacle Engineers. Since our last meeting on this, we have made the changes as requested through the conditions of the conditional use permit excluding the notes to the plat. We have no problem with putting the notes on the plat pertaining to the prohibiting on street parking, posting and painting the curbs is not a problem. I am not quite sure over in this corner here how our dimensioning changed from 20 to 18 but we made that change all ready. Essentially having gone through this memo from Steve today, we really have no problems with the requests by the commission and by staff. As Steve stated, we did we ended up dropping a unit right here. We lost a unit here but were able to pick it up here in shifting the road somewhat as we did. Then we shifted all of these down plus we took out this path that we had shown right in this area. We do have a path that comes right in through here. We also have a path there. We felt that the three paths gave everybody a good access to the path along the Jackson drain back here. All of these units right here would have direct access so we are looking at these handful of units. The majority of people probably take access off this path right here. We have increased the width of the landscape lot to 35 feet. We will also enter into an agreement with ACHD for maintenance of that 15 feet there which was not noted here but part of your conditions as I recall. Other than Meridian Planning and Zoning Commission April 3, 2000 Page 3 that, I think that pretty well covers the project. We have covered it extensively under the condition use hearing so unless you have any other questions, I'll stand. Borup: Any questions for Mr. Unger. Commissioner Norton. Norton: Mr. Unger I had a question. Is lot 25 still the clubhouse. Unger: Yes that is still the clubhouse. That lot number may have changed, I don't have the most current one in my hands but that is still the clubhouse. Norton: All right. Can you drive to the clubhouse or are you supposed to walk. Unger: Right here is an access off of Blue Heron. There is parking here and here to the clubhouse for any visitors that may come to the clubhouse. It is primarily for the folks that live within the project. We would anticipate that they would walk over to that point, but we do have access and parking. Barbeiro: Mr. Unger, remind me again how far you will be paving Blue Heron Lane. Unger: We will be paving to Blue Heron Lane from Meridian Road to this point right here. That is the end of our property line. I believe the width on that is going to be 18 feet plus 12—not that's not right. Standard ACHD requirement, half plus 12. Borup: Any other questions? Do we have anyone else that would like to come forward on this application. Seeing none, any final comments questions from the commission? Siddoway: I would just like to note that all of our other staff comments from dated March 10, 2000 for the plat stand as amended by today's memo and the revisions to the plat. Barbeiro: I wish to move that we close the public hearing. Norton: I second. MOTION CARRIED: ALL AYES Brown: I would move that we approve Item 1 the request for approval of preliminary plat of 39 lots on 3.98 acres for the proposed Heron Brook Townhouses by Pinnacle Engineers, subject to all staff's recommendations previous staff comments and recommendations of today's April 3�d memo. Barbeiro: Second the motion. Borup: Motion and second, all in favor. MOTION CARRIED: ALL AYES WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JvLtE KLmv FiscHm WNL F. GGRAY, In BRENT J. JOHNSON D, SAMun JOHNSON Wn.LIAM A. MoRRow WILLIAM F. NICHOLs CHRISTOPHm S. NYE PHuP A. Pa msoN STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. RossmAN DAVID M. SwARTLEY TmRENMR. VA= To: Staff Applicant Affected Property Owner(s) 200 EAST CARLTON AVENUE POST OFFICE Box 1150 MERIDLAN, IDAHO 83680-1150 Re: Application Case No. Ifearing Date: Tr,L 208) 288-2499 FAX( 08) 288-2501 April 4, 2000 PP -00-004 AphI 18, 2000 NAWA OFFICE 104 NINTH AvElvuE SOUTH POST OFFICEBOX 247 NAMpA, IDAHO 83653-0247 TEL.208) 466-9272 FAX( 08) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE APR - 6 2000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the 'City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of ag�rroup, it is strongly recommended that one Position Statement be filled out for the group, w1 ch can be signed by the representative for the group. Very truly yours, C Atto e ' ice IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR HERON BROOK TOWNHOMES SUBDIVISION, PINNACLE ENGINEERS, INC., Applicant Case No. PP -00-004 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 3.98 acres in size and is generally located at the Northeast corner of Meridian Road and Blue Heron Lane in Meridian, Idaho. 2. The owner of record of the subject property is Lyn Hellen and Glen Anders of Boise, Idaho. 3. The Applicant is Pinnacle Engineers, Inc. of Meridian, Idaho. 4. The subject property is currently zoned High Density Residential R-40. The zoning of R-40 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(4). 5. The proposed site of the subject property is the Northeast corner of Meridian Road and Blue Heron Lane. 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. manner: 39 -lot townhouse project. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: 1. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.4 Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant will be responsible to construct the sewer mains to and through this proposed RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.5 Water service to this site shall be via extensions from the existing 10 inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant will be responsible to construct the water mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.6 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.7 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.8 A final detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, and all proposed ground cover/treatment. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. The concept landscaping shown on the preliminary plat is acknowledged and approved with the additions and changes noted under Site Specific Comments. 1.9 Applicant shall be required to dedicate all right-of-way along Meridian Road and Blue Heron as required by ACHD prior to the issuance of any RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. building permits. 1.10 The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ± 1.0 feet below existing ground surface. With this shallow depth, it is highly unlikely that a sub- surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum 3 -feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 1.11 Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least 3 -feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least 1 -foot above the high ground water. 1.12 The back -of -curb to back -of -curb common lot driveway width interior to the project is 25 feet. Staff questions if this is an adequate width for turning radii, especially at the turnaround at the west end of the driveway in front of lots 2 and 3. If the two parking stalls across from lots 2 and 3 are occupied, it would severely restrict emergency vehicle turnaround. Staff recommends this be designed as a knuckle turnaround. The Fire Department must comment in writing. 2. Adopt the Recommendations of the Fire Department as follows: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 Lot 25 has no access for fire department when a clubhouse is built. 3. Adopt the Recommendations of the Central District Health Department as follows: 3.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. 3,2 Run-off is not to create a mosquito breeding problem. 3.3 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4, Adopt the Recommendations of Sanitary Services as follows: 4.1 Sanitary services has no objection to this preliminary plat. We assume each unit will have its own trash cans rather than a common dumpster. 5. Adopt the Recommendations of the Ada County Highway District as follows: 5.1 Dedicate 48 -feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 5.2 Dedicate 15 -feet of right-of-way from the northern edge of right-of-way of Blue Heron Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because Blue Heron Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 5.3 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5.4 Improve Blue Heron Lane abutting the site as one half of a 36 -foot street sections plus 12 -feet of additional pavement with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. 5.5 Provide a paved temporary turnaround at the end of Blue Heron Lane with a temporary easement provided to the District. Coordinate the RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. easement and design of the temporary turnaround with District staff. 5.6 Locate two 30 -foot wide curb return driveways with 15 -foot curb radii off Blue Heron Lane approximately 120 -feet and 500 -feet east of Meridian Road. Pave the driveways a minimum of 30 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Blue Heron Lane. 5.7 Provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public street prior to final plat approval. 5.8 Replace the unused curb cut on Meridian Road. located approximately 130 -feet north of Blue Heron Lane, with standard curb, gutter and 5 - foot wide concrete sidewalk to match existing improvements. 5.9 As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 5.10 No access points to Meridian Road have been proposed and none are approved with this application. Z.\Work\M\Meridian 15360M\Recommendations\HeronBrookPPlat.Rec RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. BEFORE THE MERIDIAN CITY COUNCIL 05-16-00 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP -00-011 PINNACLE ENGINEERS, INC., FOR A ) CONDITIONAL USE PERMIT FOR A 36 LOT ) TOWNHOUSE DEVELOPMENT IN AN R-40 ) ORDER OF ZONE, LOCATED AT THE NORTHEAST ) CONDITIONAL CORNER OF MERIDIAN ROAD AND BLUE ) APPROVAL OF HERON LANE, MERIDIAN, IDAHO ) CONDITIONAL USE PERMIT This matter coming before the City Council on the 16th day of April, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use a 36 lot townhouse development, as described in the CONDITIONAL USE PLAN, Dated: 12/14/99, DRAWN BY: DKG, CHECKED BY: J. Carpender, P.E., PROJECT NO. C996218, SHEET CU -1, by PINNACLE ENGINEERS, INC., for HERON BROOK TOWNHOMES SUBDIVISION, for the development of the aforementioned 36 lot townhouse development and which property is described in Exhibit "A" attached hereto. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 2. That the above named applicant is granted a conditional use permit for a 36 lot townhouse development, located at the northeast corner of Meridian Road and Blue Heron Lane, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on- site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-0I I 2.8 Provide five -foot -wide sidewalks in accordance with City Ordinance. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Since it will be a 55+ senior community, then all requirements of the Fair Housing Act shall be met. 2.11 A proposed sign elevation (approx. 20 s.f.) was included in the application for review and approval. The sign location is proposed at the SW corner of the site and appears to be outside the clear vision triangle. Detailed signage plans are subject to design review and separate permits. Temporary A -frame signs and banners shall be prohibited and will be removed after 3 days notice to the owner. 2.12 Common Open Space: The total open space contained within 3 lots of the development totals 57,512 sq. ft. After removing the 35' Meridian Road landscape strip (12,110 sq. ft.) and the 20' Blue Heron Lane landscape strip (17,3000 sq. ft.), the net common open space provided is 28,102 sq. ft., which is 16.2% of 3.98 acres. 2.13 Reduced lot standards: As approved, a 0' front yard setback for the carports and a 20' front yard setback for the dwellings shall be allowed. In addition, the rear yard setbacks generally reflect a 5' setback. The street has been widened from 25' to 30'. As required, "No Parking" signs to prevent on street parking shall be placed throughout the project. The Homeowner's Association shall enforce the "No Parking" zones. 2.14 The Applicant has provided carports for each unit and has modified the plan to incorporate some garages on the 2 story units. 2.15 The Applicant shall be required to do a 35 -foot landscape buffer beyond the right-of-way and to extend the landscaping to the edge of the existing pavement and shall be required to enter into a license agreement with the Highway District. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 2.16 State agencies recommend that grassy swales be used for pretreatment of stormwater. Drainage swales shall not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. 2.17 Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least 3 sides per City Ordinance. 2.18 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 owned by the neighborhood association. 2.19 Submit a colored rendering of the project as required by Section 12-6-4 of the Meridian Subdivision and Development Ordinance, along with ten (10) copies of a revised plat/site plan with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 2.20 The pathway shall be linked to the clubhouse on Lot 25 to create greater usability of the path. 2.21 The CCSLRs state that each unit will be constructed separately by each owner. However, as part of a PD, the City shall approve elevations of each building. Building plans shall be uniform throughout the entire project and design options provided to each purchaser will be limited. 2.22 Assessment fees for water and sewer service shall be determined during the building plan review process. 2.23 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.24 All roads will be installed before building is started with appropriate street name signs. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 2.25 The water main on Blue Heron shall connect to the Main on Eureka Avenue. 2.26 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.30 The Nampa S& Meridian Irrigation District's Jackson Drain courses along the north boundary of this property, and the recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facility. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the �h day of 2000. r R e D. Corrie, Mayor City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 Copy served upon Applicant, the Planning and Zoning Department, Public Works Departme _ and City Attorney. ;{��;��""''►►.,,�f�� —At Q ,�� c?�� A��r Of By: Dated: � �� r City Clerk msg/Z:\Work\M\Meridian 15360M\Heron Brook CUP and PP\CUPOrder BEAL ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 36 LOT TOWNHOME PROJECT "HERON BROOK TOWNHOMES SUBDIVISION" IN AN R-40 ZONE PINNACLE ENGINEERS, INC., APPLICANT. 05-16-00 Case No. CUP -00-0I I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 2, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Bob Unger of Pinnacle Engineers, Inc., and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 1 FINDINGS OF FACT 1. 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 May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an (R-40), High Density Residential District, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 2 4. The property is located at the northeast corner of Meridian Road and Blue Heron Lane, Meridian, Idaho. 5. The owners of record of the subject property are Lyn Hellen and Glen Anders of Boise, Idaho. 6. Applicant is Pinnacle Engineers, Inc. of Meridian. 7. The subject property is currently zoned High Density Residential (R-40). The zoning district of R-40 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-217. 8. The proposed application requests a conditional use permit for a 36 lot townhouse development. The R-40 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 3 Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: 1. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 4 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Since it will be a 55+ senior community, then all requirements of the Fair Housing Act must be met. 1.11 A proposed sign elevation (approx. 20 s.f.) was included in the application for review and approval. The sign location is proposed at the SW corner of the site and appears to be outside the clear vision triangle. Detailed signage plans are subject to design review and separate permits. Temporary A -frame signs and banners shall be prohibited and will be removed after 3 days notice to the owner. 1.12 Common Open Space: The total open space contained within 3 lots of the development totals 57,512 sq. ft. After removing the 35' Meridian Road landscape strip (12,110 sq. ft.) and the 20' Blue Heron Lane landscape strip (17,3000 sq. ft.), the net common open space provided is 28,102 sq. ft., which is 16.2% of 3.98 acres. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 5 1.13 Reduced lot standards: As approved, a 0' front yard setback for the carports and a 20' front yard setback for the dwellings shall be allowed. In addition, the rear yard setbacks generally reflect a 5' setback. The street has been widened from 25' to 30'. As required, "No Parking" signs to prevent on street parking shall be placed throughout the project. The Homeowner's Association shall enforce the "No Parking" zones. 1.14 The Applicant has provided carports for each unit and has modified the plan to incorporate some garages on the 2 story units. 1.15 The applicant shall be required to do a 35 -foot landscape buffer beyond the right-of-way and to extend the landscaping to the edge of the existing pavement and shall be required to enter into a license agreement with the Highway District. 1.16 State agencies recommend that grassy swales be used for pretreatment of stormwater. Drainage swales will not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. 1.17 Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least 3 sides per City Ordinance. 1.18 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 owned by the neighborhood association. 1.19 Submit a colored rendering of the project as required by Section 12-6-4 of the Meridian Subdivision and Development Ordinance, along with ten (10) copies of a revised plat/site plan with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 1.20 Staff recommends that the pathway be linked to the clubhouse on Lot 25 to create greater usability of the path. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 6 1.21 The CCSLRs state that each unit will be constructed separately by each owner. However, as part of a PD, the City must approve elevations of each building. Building plans will be uniform throughout the entire project and design options provided to each purchaser will be limited. 1.22 Assessment fees for water and sewer service shall be determined during the building plan review process. 2. Adopt the Recommendations of the Fire Department as follows: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 All roads will be installed before building is started with appropriate street name signs. 3. Adopt the Recommendations of the Water Department as follows: 3.1 The water main on Blue Heron will connect to the Main on Eureka Avenue. 4. Adopt the Recommendations of the Central District Health Department as follows: 4.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 4.2 Run-off is not to create a mosquito breeding problem. 4.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 5. Adopt the Comments of the Nampa &_ Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 7 5.1 The Nampa &. Meridian Irrigation District's Jackson Drain courses along the north boundary of this property, and the recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facility. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Single Family Residential". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 8 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 9 the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a High Density Residential District (R-40), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 10 permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission did, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission recommended that the application be approved with conditions. 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 11 G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a 36 lot townhouse development, subject to the following conditions of use and development: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 12 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Since it will be a 55+ senior community, then all requirements of the Fair Housing Act shall be met. 1.11 A proposed sign elevation (approx. 20 s.f.) was included in the application for review and approval. The sign location is proposed at the SW corner of the site and appears to be outside the clear vision triangle. Detailed signage plans are subject to design review and separate permits. Temporary A -frame signs and banners shall be prohibited and will be removed after 3 days notice to the owner. 1.12 Common Open Space: The total open space contained within 3 lots of the development totals 57,512 sq. ft. After removing the 35' Meridian Road landscape strip (12,110 sq. ft.) and the 20' Blue Heron Lane landscape strip (17,3000 sq. ft.), the net common open space provided is 28,102 sq. ft., which is 16.2% of 3.98 acres. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 13 1.13 Reduced lot standards: As approved, a 0' front yard setback for the carports and a 20' front yard setbacic for the dwellings shall be allowed. In addition, the rear yard setbacks generally reflect a 5' setback. The street has been widened from 25' to 30'. As required, "No Parking" signs to prevent on street parking shall be placed throughout the project. The Homeowner's Association shall enforce the "No Parking" zones. 1.14 The Applicant has provided carports for each unit and has modified the plan to incorporate some garages on the 2 story units. 1.15 The Applicant shall be required to do a 35 -foot landscape buffer beyond the right-of-way and to extend the landscaping to the edge of the existing pavement and shall be required to enter into a license agreement with the Highway District. 1.16 State agencies recommend that grassy swales be used for pretreatment of stormwater. Drainage swales shall not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. 1.17 Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least 3 sides per City Ordinance. 1.18 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 owned by the neighborhood association. 1.19 Submit a colored rendering of the project as required by Section 12-6-4 of the Meridian Subdivision and Development Ordinance, along with ten (10) copies of a revised plat/site plan with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 1.20 The pathway shall be linked to the clubhouse on Lot 25 to create greater usability of the path. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 14 1.21 The CC&Rs state that each unit will be constructed separately by each owner. However, as part of a PD, the City shall approve elevations of each building. Building plans shall be uniform throughout the entire project and design options provided to each purchaser will be limited. 1.22 Assessment fees for water and sewer service shall be determined during the building plan review process. 2. Adopt the Recommendations of the Fire Department as follows: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 All roads will be installed before building is started with appropriate street name signs. 3. Adopt the Recommendations of the Water Department as follows: 3.1 The water main on Blue Heron shall connect to the Main on Eureka Avenue. 4. Adopt the Recommendations of the Central District Health Department as follows: 4.1 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 4.2 Run-off is not to create a mosquito breeding problem. 4.3 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 5. Adopt the Comments of the Nampa &_ Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 15 5.1 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of this property, and the recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facility. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 16 BY action of the City Council at its regular meeting held on the lb day of , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED—*- COUNCILMAN CHERIE McCANDLESS VOTED 4� MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: --�� MOTION: APPROVE : DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk msg/Z:\Work\M\Meridian 15360M\Heron Brook CUP and Dated: �--l [ -06) "ti -14 f4 Ft�r�iio i� CSF ri rAS.wp EL k♦♦ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PINNACLE ENGINEERS, INC. FOR HERON BROOK (CUP -00-011) - 17 Y May 12, 2000 Department Report MERIDIAN CITY COUNCIL MEETING May 16, 2000 ,n APPLICANT City Treasurer - Janice Smith ITEM NO. l `I -/-t I REQUEST Treasurer's Report AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS Materials presented at public meetings shall become property of the City of Meridian. 04/12/00 10:23 V208 385 3006 1910 University Dr. Boise, ID 83725 Telephone (208) 426-1414 FA?( (208) 426-3006 ARTS & SCIENCES Z001 Boise State University Fax Fromo Dr. Kenteely, Associate Dean 3 C� College of Arts &Sciences Fax Pages. Phone: Date: t� / �.�- � C9 O Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Commentse 7\ _ t-A'n 1-1 12 1 n —� � Y`�` � den o �• . r. 1 r� 2 ZQAa�. Pbf Meridiaja tvyclerk tOffice APR 12 '00 11:15 208 385 3006 PAGE.01 04/12/00 10:24 %T208 385 3006 ARTS & SCIENCES WHILE, PETERSON, PRUSS, MORROW & GIGRAY, P_4 Fue�� ATTOLNEYs AT Law W aGuY' in n. BnMt+� Jo,lrre CoN 200 EAST CABlirON AVENM 'WIIIAM A. MCMOW Posy Om= Box 1150 Wn m.r. NITCH s Mbi.ML4V, IDAHO 83680-1130 CMwMPtM S. Tine P10L8A.P6nkwN TtZ (20s)2a6-ze" S7mi�mN L. PRUss FAX (20) 21;&Z301 FMC S. Rosa" TMD A. R0024M DAVM ISL SwA gTL y TUjUw=L W= &Mui: 12=a/vYppM&W= To: Sta£6jApplicant/Affeeted Property Owner(s) Re: Case No: City Council Hearing Date: 004 N A,NiPA OFFICE 104NrmtAvnAmSotmt W P OST Om BOX 247 NA veA. IDAHO TZ03-0247 T>Z (2019 466-92T, FAX (209) 466.W3 PL&u* RMY TO .M IDIAN OMCM FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please dote that thrse Findings and Recommendations of the Piannting and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Duc to the volume of matters which The City Council must decide, and to ensure your position is understood and clear. it is important to have a consistent format by which matters ,are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations Of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission: and 2. That you carefully complete (be sure it is legible) the Position Statement if you disaa cc with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office, It is recommended that you prepare a Position Statement and deliver it to the City Clexk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly, yours, City Attorney's Office Enclosure ry,/Z:\WorkWMedd1= 15S60AN1\Meridian F=ms\?,L clomzcly APR 12 ' 00 11.16 208 3eS 3006 pl:lnp fila 04/12/00 10:23 $208 385 3006 ARTS & SCIENCES IM002 APR 12 2000 City of Meridian Position Statement City Clerk Offie•.- Case No. CuP -oc� - 0\1 a,•� �'P- oo - o o L4 Name of Applicant: b. l��ror� �Cool� lOwr��phn.Q,a ��kjcl��i�1O/v To: Meridian City Council — h�eos ��,� daZa k>'A Front: S - qR av\. [name] I have reviewed the Findings and Recommendations of the Plar -ling and Zoning Commission with which Z disagree as follows: [fill out only those sections that apply to your position if your position is to reject completely the Findings and Recommendations or there is inadequate space available prepare a separate Position Statement using this format] The following Findings and/or Recoxnmendations should be deleted: [refer to section number in order] The following Findings and/or Recommendations should be modified: [refer to section number in order and set out hover you request it. should read] § : [should read]- -'K2,t1CN 4o- loll- 0 u--%Vy, " --tq - ion u Fver � rnQ.,' 'kor,e ',, , a § [should rea6lS § : [should read] § : [should read The Following Findings and/or Recommendation should be added: [first identify if proposed item is a finding or a recommended action then state horny it should read] 1 APR 12 '00 11:15 209 3e5 3006 PAGE.02 04/12/00 10:24 $208 385 3006 ARTS & SCIENCES 10003 Dated this r a} da_y of 2000. Signed_ ,� Copy served upon Applicant, Planning and Zoning Department, Public Works Depa ment and City Attorney_ Rcccived in the rccord: / / By. 'Milliam G. Berg, Jr., City Clerk msg1ZAWork-\"ai&an 153601MPLANNING AND ZONING F7L asitionStatancnx APR 12 '00 11:15 208 3e5 3006 PAGE.03 DEGel.VED� flINNACLEMAY 0 2 En ineers Inc. city Of V ci iLlian g city Clem Office TO: Shari Stiles, Planning Director Meridian Planning & Zoning 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: May 2, 2000 RE: Heron Brook Townhomes Subdivision,,. Dear Shari: I have reviewed the Planning & Zoning Recommendation to the City Council and offer the following comments and clarifications: We have reduced the number of lots to 38 which should be reflected in the title instead of 40 lots. CONDITIONAL USE RECOMMENDATION 1 1.1 Although we have not requested a variance from tiling all ditches, it is understood that the Jackson Drain is to be left open as an amentity as per staff's request. 1.2 We concur. 1.3 We have provided 82 parking spaces — 76 are required for 38 dwellings. 1.4 We concur. 1.5 We concur. 1.6 We concur. 1.7 We concur. 1.8 We concur. 1.9 We concur. 1.10 This project is intended as a 55+ senior community and was clarified during the hearing and reflected in our revised CC&Rs. 1.11 We concur. 1.12 The total open space contained within 3 lots of the development totals 57,512 sq. ft. After removing the 35' Meridian Road landscape strip (12,110 sq. ft.) & the 20' Blue Heron Lane landscape strip (17,3000 sq. ft.), the net common open space provided is 28,102 sq. ft. which 16.2 % of 3.98 acres. 1.13 Please note that the Commission approved a 0' front yard setback for the carports and a 20' front yard setback for the dwellings. In addition, although not 870 NORTH LINDER SUITE B MERIDIAN, IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 _ specifically addressed by the Commission, our rear yard setbacks generally reflect a 5' setback., We widened the street from 25' to 30' as recommended and agree to . place "No Parking" signs through out the project to prevent an on street parking. We do request that the recommendation for painting the curbs red be removed due to the continued maintenance of chipping, peeling, and repainting. We believe , that our Homeowner Association will be diligent in enforcement of the "No Parking" zones and would prefer this over the red curbs. 1.14 Since this project is not a duplex project, the standards for garages as sited by staff is not applicable and as such we have not requested a waiver of the garage - requirement. We have provided carports for each unit and have modified the plan to incorporate some garages on the 2 story units. 1.15 We concur. 1.16. We concur. 1.17 Weconcur. 1.18 We have provided a maintenance shed on the clubhouse lot. 1.19 Since we just received these final recommendations, revised plans are now being provided. 1.20 Shown on revised plan. 1.21 We have 'provided 5 building layouts with elevations for review by staff. There will be minor design , optionsprovided to each purchaser but will not change the exterior appearance of the project, 1.22 We concur. 2 2.1 We concur. 2.2 We concur: 3 3.1 We concur. 4 4.1 We concur. 4.2 We concur. . 4.3 We concur. 4.4 We concur. PRELIMINARY PLAT RECOMMENDATIONS 1 1.1. We concur. 1.2 We concur. 1.3 We concur. 1.4 , We concur. 1.5 We concur. 1.6 We concur. 1.7 We concur. 1.8 We concur. 1.9 We concur. 1.10 We will comply with the City's requirements. 1.11 We' concur. 1.12 As per the Commission's. recommendation on the CUP we have redesigned the driveways to 30' back -of -curb to back -of -curb. In addition, we have reviewed the west end of the driveway with Fire Chief Kenny Bowers who informed us that as long as we are not more than 150'. from the intersection of the north/south driveway, we would not be required to provide a turnaround for emergency vehicles. 2 2.1 We concur. 2.2 - An emergency turnaround is being provided at the entrance and driveway of the clubhouse lot. In addition, we anticipate the installation of afire hydrant in the clubhouse lot area. We will do what ever is required by the fire department. 3 3.1 We concur. 3.2' We concur. 3.3' We concur. 3.4� We concur. 4 4.1 We have provided for dumpsters in two locations with the development. We will coordinate locations with Public Works. sent By: City oT meridian; 2088886854; Apr -3-00 11:16Am; Page 2/2 Memo Ta Mayor, City Council, and Planning & Zoning Commission Frmm Steve Siddoway M Pinnacle Engineers, applicant Data: 4/3100 Rs: staff Comments for Heron Brook Town Homes,—Revised Plans submittal RECEIVED APR 0 3 2000 City of Meridian City Clerk Office This note is to confirm that the revised plat and conditional use plan, both dated 3/22/00 meet the conditions of Commissioner Brown's motion as follows: • Common lot 1 for the landscape buffer along Meridian Road has been increased to 35 feet beyond future right-of-way. • The road width has been increased to 30 -feet curb to curb. • The zero -foot carport setbacks remain. Additional Cornments: • The requirement for prohibiting on -street parking has not been added as a note to the preliminary plat, but is noted here as a condition of the plat. • The landscape buffer width along Blue Heron Lane is incorrectly labeled as18' and should be corrected to show 20'. • Only one lot has been lost as a result of the modifications. This was accomplished by shifting the lots, moving some parking areas, and removing one of the six-foot pathway connections. • Note 1 on the preliminary plat states that setbacks will be in compliance with current zoning regulations. This should be modified to acknowledge the reduced setbacks approved as part of the planned development CUP. APR 03 '00 12=1e 2RRRRRFRS4 Pare MID �� 996218\996218 cnuse .8y,P-Wed Mar 22 16: 12: 25 2400 P: \A CIVIL\C c ��a� rea HERON BRooK 7OWNHoN4ES PINNACLE e CONDITION A L U S E P LA N Engineers, Inc. go F a@ QfR L T rye �1 E L L E r� no k ue. (zoe)4ee •� exa ii r 6 rn Z Q $ O a c ��a� rea HERON BRooK 7OWNHoN4ES PINNACLE e CONDITION A L U S E P LA N Engineers, Inc. go F a@ QfR L T rye �1 E L L E r� no k ue. (zoe)4ee •� exa ovu-�w fax) auI •s.xaau[8ug TrID a S�WOHNM01 %00 18 NODI:H g O om Y / ,I I \ I / I I I 1 I I I I I \ \ OOOZ tib :Et :9l eZ JeW .,m 6Mp*sge6e966\9;d9669\]IAIJ— d\ :d U HIo �P � S F `F �� Ny Eli €u ga^ V1 M - Y / ,I I \ I / I I I 1 I I I I I \ \ OOOZ tib :Et :9l eZ JeW .,m 6Mp*sge6e966\9;d9669\]IAIJ— d\ :d BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR HERON BROOK TOWNHOMES SUBDIVISION, PINNACLE ENGINEERS, INC., Applicant Case No. PP -00-004 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 3.98 acres in size and is generally located at the Northeast corner of Meridian Road and Blue Heron Lane in Meridian, Idaho. 2. The owner of record of the subject property is Lyn Hellen and Glen Anders of Boise, Idaho. 3. The Applicant is Pinnacle Engineers, Inc. of Meridian, Idaho. 4. The subject property is currently zoned High Density Residential R-40. The zoning of R-40 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B) (4). 5. The proposed site of the subject property is . 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. manner: 40 -lot townhouse project. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: 1. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.4 Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant will be responsible to construct the sewer mains to and through this proposed RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. WHITE, PETERSON, PRUSS, MORROW & GIGRA ATTORNEYS AT LAWj� �/ V JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE. SUITE 31 NAMPA OFFICE v V WM. F GIORAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 1.04 NINTH AVENUE SOUTH BAENT JOHNSON 'ERIC E. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY TEL (ZOS) 288-2499 NAMP.q. IDAHO 83653.0247 Wiwi" F. NICHOLS* TERRENcE R. WHITE,, FAX (208) 288-2501RECEIVED TEL (208) 466.9272 I:HRISTOPHER S. NYE FAX (208) 466.4405 -ALSO ADMITTED IN OR ••ALSO ADMITTED IN WA {n{ .1 �' 1 13 2000. PLEASE REPLY TO City o1 MERIDIAN OFFICE Meridian FACSIMILE TRANSMITTAL City Clerk Office DATE:—,,/ C-?Z� �. ��z�Zi' TIME: TO: FROM: COMPANY: White, Peterson, Pruss, Morrow & Gigrav FAX �: F 24-1 S, Meridian Office PHONE: PHONE: (208) 288-2499 q / r NUMBER OF PAGES: (Including cover sheet) L,ul"luenLlallty .Notice: i ne contents or this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error, please call our office so that we may arrange to pick, up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thank, vou. MERIDIAN PLANNING & ZONING MEETING: April 3, 2000 APPLICANT: PINNACLE ENGINEERS, INC. ITEM NUMBER: 1 REQUEST: PRELIMINARY PLAT FOR 40 BUILDING LOTS ON 3.98 ACRES FOR PROPOSED HERON BROOK SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE PREVIOUS PACKET & NEW PRELIMINARY PLAT CITY ENGINEER: CITY PLANNING & ZONING DEPT. COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. By: City of Meridian - 2088886854; Apr -3-00 11:16ANI; Page 1/2 200 E. Carom Ave„ Ste. 201 Meridian, IO 83642 Phone (208"4-5533 Fax (20BASS48.54 Lih4 kiS43 X89 g2,1'r To: I7 -P4 V Frwm Steve SkkjM y ram ptm Phogm P�gesc (Indudng cover) R. ym, CC: nR I -e— O urgent O For Review O Please Comment ❑ Please Reply ❑ Please Recycle •Commewla ��W fA�tMIh"�1 -f pelf tl r� APR 03 '00 12:18 2088886854 PAGF_Gi1 Certified Mailing Returns Project Name W,nrnn Rrnnlr Tn%A/nhnmPC File No(s) I IVI V11 VIVvI� Date of Hearing Name Address Reason for Return 2 -May -00 Anders 483 N. Quarryview Place No Such Street PINNACLE Engineers, Inc. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: - WE ARE SENDING YOU Attached ❑ Shop drawings / 07 Blueprints Ll 11 x 17 Drawing(s) ❑' 3 1/2" disk ❑ Copy of letter ❑ Change Order LETTER OF TRANSMITTAL DATE: =OB -� ATTENTION: RE: Inv 0 L13 TIE MAR 2 3 2000 .CITY OF MERIDIAN ❑ Under separate cover via ❑ Sepias/Vellums ❑ Calculations ❑ Mylar/Ammonia Mylar COPIES DATE REV. NO. DESCRIPTION V THESE ARE TRANSMITTED as checked below: ❑ For review , For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE K, "' I I.L_GKr\ VF FICE ❑ Specifications ❑ Field Report the following items )6--8-1/2 x 11 Drawing(s) ❑ No exceptions taken ❑ Resubmit copies for approval ❑ Make corrections noted ❑ Submit copies for distribution ❑ Revise and Resubmit ❑ Return corrected prints 71 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: �1 �/�P; SIGNED: L HERON BROOK TOWNHOMES PROPERTY OWNERS WITHIN 300' MCSTAY ELEANOR A 82 W WOODBURY DR MERIDIAN ID 83642-5490 RILEY MARK L & RILEY CATHY V 3208 SNOWFLAKE WAY BOISE ID 83706 64 W WOODBURY DR WATSON CHAD D & CARRIE 22 W WOODBURY DR MERIDIAN ID 83642-5490 GIBBONS CHRISTOPHER E & GIBBONS MEREDITH A 97 W WOODBURY DR MERIDIAN ID 83642-5490 WATERBURY PARK NEIGHBORHOOD ASSOCIATION INC 2304 N COLE RD BOISE ID 83704-7371 116 W WOODBURY DR CASTRONOVA DARLENE F 75 W WOODBURY DR MERIDIAN ID 83642-5490 BOURN KARA L 53 W WOODBURY DR MERIDIAN ID 83642-5490 OLDHAM JOAN D AND NELSON WENDELL & DONNA 37 W WOODBURY DR MERIDIAN ID 83642-5490 GRIFFARD ORVLE L & GRIFFARD MAXINE 80 W WATERBURY DR MERIDIAN ID 83642 TORKELSON TYLER 2455 N MERIDIAN RD MERIDIAN ID 83642-7513 ST GEORGE JASON DAVID 29 W WATERBURY DR MERIDIAN ID 83642 HILLIARD LOREN AND TUCKER TRACY 57 W WATERBURY DR MERIDIAN ID 83642-5495 GOLSE JERRY M 79 W WATERBURY DR MERIDIAN ID 83642-5495 VALDEZ M[AXINIANO AND ROSE SHONA R 99 W WATERBURY DR MERIDIAN ID 83642-5495 HICKMAN CRAIG A & HICKMAN LORI A 82 W CHRISFIELD DR MERIDIAN ID 83642-3255 SORELLE MAURICE P & SORELLE NELLIE L 58 W CHRISFIELD DR MERIDIAN ID 83642-3255 MAENDL EUGENE L & MAENDL KAMA J 24 W CHRISFIELD DR MERIDIAN ID 83642-3255 KOTSYUBA PETER & KOTSYUBA MARIA 67 W CHRISFIELD DR MERIDIAN ID 83642-3255 THOMPSON JAMES E & THOMPSON NORMA J 43 W CHRISFIELD DR MERIDIAN ID 83642-3255 NUTTALL JODI I & NUTTALL WENDY 19 W CHRISFIELD DR MERIDIAN ID 83642 INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL 1910 W SUNSET BLVD SUITE #200 LOS ANGELES CA 90026-3247 N MERIDIAN RD KING VERL G & HUISH TRIM KING MERLYN P 149 E WOODBURY DR 2580 N MERIDIAN RD MERIDIAN ID 83642-5573 MERIDIAN ID 83642-5455 CHAVEZ JIM H MERIDIAN CITY 2491 N EUREKA AVE 33 E IDAHO AVE MERIDIAN ID 83642-4402 MERIDIAN ID 83642-2631 E WOODBURY DR BICKMORE ALLEN D & BICKMORE JULIE M RHINEHART DOUGLAS C & 103 E WOODBURY DR RHINEHART MARY A MERIDIAN ID 83642-5573 2553 N RICHTER AVE MERIDIAN ID 83642-5574 ANDERS GLEN WALBRIDGE RAYMOND T & 483 N QUARR W PL BOISE 712 WALBRIDGE SHARON H 80 UE HERON LANE 2560 N RICHTER AVE �By MERIDIAN ID 83642-5574 DOYLE WAYNE & BUNDY PATTI ANN OKE DARREN M & 2486 N LARCHMONT PL OKE PAMELA S MERIDIAN ID 83642-5578 2551 N VOYAGER AVE MERIDIAN ID 83642-5575 KYLE CHRIS A & KYLE WANDA J LONG ROGER A & 235 E WOODBURY DR LONG FLORA B MERIDIAN ID 83642-5573 2558 N VOYAGER AVE MERIDIAN ID 83642-5575 GALUSHKIN MIKHAIL & GALUSHKIN LIMA REGELIN TERRY L & 165 E WOODBURY DR REGELIN RENAE T MERIDIAN ID 83642 2547 N TUSCAN AVE MERIDIAN ID 83642-5576 VAN PATTEN BRENT T & VAN PATTEN GAIL HOLLOWAY RONNIE B & 2481 N LARCHMONT PL HOLLOWAT PAIGE MERIDIAN ID 83642-5578 2531 N LARCHMONT AVE MERIDIAN ID 83642-5577 GREENE ROBERT J & GREENE LISA M KINGSTON CHARLES III & 211 E WOODBURY DR KINGSTON TONIA C MERIDIAN ID 83642-5573 2536 N TUSCAN AVE MERIDIAN ID 83642-5576 BAQUERO NELSON R & BAQUERO BEATRICE SHABURA VASILY & 189 E WOODBURY DR SHABURA SVETLANA MERIDIAN ID 83642-5573 87 E WOODBURY DR MERIDIAN ID 83642-5573 ZAMORA JOHN & ZAMORA KATHY BELL RONALD R & 2475 N EUREKA AVE BELL JULIE V MERIDIAN ID 83642-4402 117 E WOODBURY DR MERIDIAN ID 83642-5573 LARSEN MARY L & FOTHERGILL VIRGILL AND LARSEN ABBOTT JON C FOTHERGILL SHELDON HAMMONS KENNY D & NAMPA IRR DIST AND HAMMONS MARIBEL R MERDIAN IRR DIST 2463 N LARCHMONT PL 1503 1 ST ST S MERIDIAN ID 83642-5578 NAMPA ID 836514324 2445 N LARCHMONT PL 2442 N LARCHMONT PL MARSHALL GARY L JR & KNAPP DELORES MARSHALL BOBETTE HAWE RALEIGH & DIEUW 2472 N LARCHMONT PL 530 BLUE HERON LN MERIDIAN ID 83642-5578 MERIDIAN ID 83642-5544 LARSEN MARY L & FOTHERGILL VIRGILL AND LARSEN ABBOTT JON C FOTHERGILL SHELDON 2440 N EUREKA AVE 440 BLUE HERON LN MERIDIAN ID 836424402 MERIDIAN ID 83642-5544 BRADY CHRISTOPHER L & SCHWERD CHESTER D BRADY SARA A 245 HERON 2453 N EUREKA AVE MERIDIAN ID 83642 MERIDIAN ID 83642 E BLUE HERON ST 225 E BLUE HERON LANE KINNEY CHRISTOPHER P 2445 N LARCHMONT PL KNAPP CHARLES SR & MERIDIAN ID 83642-5578 KNAPP DELORES 185 BLUE HERON LN WARD TROY RYAN & MERIDIAN ID 83642-5566 WARD KIMBERLY SUE 2456 N LARCHMONT PL CHALFANT FRANK E JR MERIDIAN ID 83642-5578 2014 N 23RD ST BOISE ID 83702-0521 MCBRIDE KEVIN JOHN E BLUE HERON ST 2424 N EUREKA AVE MERIDIAN ID 83642-4402 CUNNINGHAM TED L & CUNNINGHAM MARCELLA R RAYANIC STEPHEN ANDREW & 125 BLUE HERON LN RAYANIC SANDRA MERIDIAN ID 83642-5566 2431 N EUREKA AVE MERIDIAN ID 83642-4402 BORUP CONSTRUCTION INC 2250 N MERIDIAN DAVIS JENIFER J AND MERIDIAN ID 83642 SIMS HAROLD G & JULENE D 2310 N MERIDIAN RD 2442 N LARCHMONT PL MERIDIAN ID 83642 WEBB OLAN B & WEBB FERN P 2412 N EUREKA AVE MERIDIAN ID 83642-4402 BARKER JOHN D & BARKER JEANINE M 833 E MOOSE MERIDIAN ID 83642-3485 2407 N EUREKA AVE REcuIVE] ) MAR 1 � 2000 City of Meridian City Clerk Office NOTICE OF HEARING I, Robert C. Unger, 870 N. Linder Road, Suite B, Meridian, Idaho, do sware, attest, and certify that I personnally posted notice of the March 14, 2000 Meridian City Planning & Zoning Hearing at the site identified as Heron Brook Townhouse Subdivision located at the northeast corner Blue Heron Lane and Meridian Road, Meridian, Idaho. Dated this 14`h day of March, 2000. /obert C. 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I'D 3 @ = k § 7 \ \ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 2, 2000, for the purpose of reviewing and considering the application of Pinnacle Engineers, Inc., for a Conditional Use Permit for a 40 -lot townhome development generally located at the northeast corner of Meridian Road and Blue Heron Lane; Furthermore, the applicant requests preliminary plat approval for 3.98 acres currently in an R-40 zone. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6th day of April, 2000 G t��j"W 4J41AM G. BERG, JR., qP GtERK of 1140PUBLISH April 14th and 28th, 2000.1 s b S SAL VICINITY MAP HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet S3n1w01 Stseg 0 S3n1 eC6 PINNACLE ENGINEERS, INC. 870 N. LI NDER RD, STE B, MERIDIAN, IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781 PROJECT# 099621 DATE: 9/1/99 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 04 05/15 08:50 208 887 7781 March 11, 2000 .•. AS OF MAY 15 '00 08:53 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDtt STATUS EC --S 02'52" 011 029 OK PP 00-004 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Pinnacle ITEM NO, f REQUEST Preliminary Plat for 3.98 acres - 40 -lot townhouse pro"ect for ro osed Blue Heron Brook Townhome Sub in on R-4 zone - NF r-nr„A, „f AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Heron Lane See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented of public moefings shot) become properly of the Cty of Meridion Mtn .1 pov� u� %-7 S r Meridian Planning and#'– ning Commission March 14, 2000 Page 20 3. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION -40 LOT TOWNHOUSE PROJECT ON 3.98 ACRES IN AN R-40 ZONE BY PINNACLE ENGINEERS, INC.—NE CORNER OF MERIDIAN ROAD AND BLUE HERON LANE: Freckleton: Mr. Chairman, members of the Commission, while Steve is digging through trying to find his comments, Blue Heron Lane here comes off Meridian Road. This is approximately Y2 mile north of Cherry Lane on the east side of Meridian Road. Waterbury Park Subdivision sits in here. The existing surrounding uses to the north of the project is Fathergill Point Subdivision in this area. Fathergill is an R-8 Subdivision, lot sizes ranging from 9,000 to 11,000 square feet. To the south of the project is vacant. 2.3 acre parcels zoned R-15 and two single family homes zoned R-1 Ada County and Meridian Meat Packers Plant is down in this area. To the east of the project is Fathergill. It is the triangular shaped piece here. Siddoway: I have a few specifics to touch on. In referencing our staff comments dated March 10th, the general conference does note that general agreement with the concept of the proposed Subdivision, it is all ready zoned R-40, which is a high density zone, and would be appropriate for an in -fill parcel. Under the conditional use permit comments, the common open space—this is coming through as a planned development so the requirements for open space and things do apply. R-40 does not have the minimum lot size density issue for us to worry about—the 25 per cent issue that we have been having on other R-8 parcels lately. We do require the 10 percent common open space. They seem to be well exceeding that. A couple of the –let me just orientated you with the site a little bit with the photos. This would be a photo taken from the intersection Blue Heron Lane and Meridian Road, looking to the northeast. They do have a sign up announcing coming soon. This is the canal that runs along the north side of the property and forms the triangle. This is just back up across the street to see the full triangular piece as it exists. There is an existing house on it. It appears to being torn down. We have here the plan for the conditional use permit. Main issues that we point out are number 5 where they are requesting a variance from the front yard set back. Our ordinance requires that each duplex shall have a garage capable of housing at least two car and those are generally required to meet a 20 foot setback to allow for driveway. They are proposing a zero foot setback and no enclosed garages. The dark spots that you see on the map are lattice covered carports, I believe, that run out from the building structures and the black dots that you see would be car ports, that would go all the way out to the right of way for the street, where the driveway would usually be but would function as their parking area. This would be a variance from our current ordinance. Second issue is number 6. When this parcel was annexed, the annexation ordinance requires (inaudible) a 35 foot landscape buffer along Meridian Road. We, through this planned development, we can't give a variance to an annexation requirement in another annexation ordinance so we don't have a great answer to the fact that they are requesting a reduction from that 35 feet down to I believe it is 20. Staff would recommend the 35 foot landscape buffer as required by the ordinance, but as the applicant will testify, that will require removal of some of their lots. The final issue Meridian Planning and " ,ning Commission March 14, 2000 Page 21 dealt with the turn around at the end of this culdesac here. Staff was worried about the fact that it is just a 25 foot wide street with no (inaudible) for a culdesac. We were wondering about the emergency access, turn around for residents or visitors driving into the Subdivision. Apparently, they have spoken with the fire department and have been or have an agreement with the fire department that it does meet their requirements as long as this distance is no more than 150 feet. I believe theirs is 146.75. Those are the main issues I'd like to point out. Any questions. Norton: I have a question for staff. The fire department did make a note that they had seen that there might be trouble trying to get hoses to lot 25. Has that been resolved? Siddoway: I haven't seen that. The comment that we have from Ken Bowers state that all codes and water supply, hydrants need to meet the requirements. (Inaudible) name sign to be constructed before the building started. That has not been resolved to my knowledge. The applicant may want to address that. Borup: Questions from any other Commissioner's. The applicants representative here and like to come forward. I just might mention for anyone coming in late, this is the project on Blue Heron Lane is the last item on our agenda this evening. The other items have been moved to other dates. Unger: Good evening Mr. Chairman and Commissioner's my name is Bob Unger. I am with Pinnacle Engineers and we represent the developers on the project which is (Inaudible) and Glen Anders. I believe staff has done a fine job of explaining the project itself. We have reviewed staff comments and we have provided response to those comments. What I would like to do is briefly go through staff comments and try to clarify some of the concerns that were brought up by staff. I think one of the most important things that I really want to bring up up front as we review the project. This particular piece of property has some unusual restrains to say the lease. We have Meridian Road runs along here. ACHD is requiring an addition 18 feet of right of way (inaudible) currently there. We are also being required to dedicate an additional 15 feet of right of way for Blue Heron Lane, but mostly our biggest restrain here is that we have a 40 foot easement from the center line of the Jackson drain over to here that prevents us from doing any development on that within that easement. So, as you see once you take out the right of way and a 40 foot easement, we lose 1.25 acres of land. A little bit excessive on a piece of property that is 3.98 acres. What we have tried to do is put together a project here that will fit with the property, fit with the surrounding areas and also provide some senior housing within the city. These are zero lot line townhomes that we are proposing. Having gone through the staff comments, we are providing in excess of 3600 square feet of open space. We have a path that we are providing along the Jackson drain, which will hook up to Meridian Road. Actually is comes down here and will hook into the sidewalk which we'll be constructing as a requirement, so actually we will have a complete pathway that loops around but also by coming out to Meridian Road and heading north, you can also connect the path that runs on the north side of the Jackson Drain which is part of a city park. Our original plan was actually we were looking at tiling this and we met with Shari Stiles, the Director and she said no, your not Meridian Planning anc'ining Commission March 14, 2000 Page 22 going to the that. We just put in this park area and a path so forget about tiling. I think some of the—what we'd like to do is address some of the main issues here that staff has brought up. As they stated, this property was zoned R-40 with an understanding that they could have a density of 20 units to the acre. Based upon that, I think the original developer has planned on putting somewhere in the area of 60 units, apartment units on there. What we have gotten into, as far as the staff is concerned pertains to setbacks, front and rear, for the project. In our initial reviews with the Director of Planning and Zoning we came in with a project that had the common driveways were not a separate lot. The property boundary was the center line of the road, the driveways existed on an easement. In addition to that, our property lines were running to the northern boundary of the property which is center line of the ditch and then we were proposing an easement for the open space along this area. Consequently in our review with the Director, she recommended that we put the streets or the driveways on a separate lot and also all the common open space should be provided on a separate for simplicity sake of maintenance etc. by the homeowners association. In doing that, that totally removed our ability to meet the setbacks. We can't meet the setbacks based on that. Had we had our property lines to the center of the street like we proposed, we would have had a 15 foot setback from that line END OF SIDE TWO Unger: in front. We would not be able to meet our rear setback, etc. So we went back to the drawing board, revised the plan based upon what the director had reviewed with us, so we didn't feel this was going to be a major issue until your staff report came out. In reviewing the comments pertaining to garages versus carports, these are not duplexes these are single family residents or zero lot line townhouses. The code does not address them, so it kind of puts us all in a situation where we are not sure which way it should go. What we are proposing are the carports and they are a lattice cover with a clear solid cover over top of the lattice. They are open. They make it easy for neighbors to look in on each other, to kind of –security sake then anything else—that they could be able to see through there and see that their neighbors are safe and what not. We have provided you with a copy not a great one but a copy of what those look like. We are as far as our parking spaces, we do comply with the code on the parking spaces. We are providing the carport spaces and have additional parking. We have parking at the clubhouse, we've made a couple of adjustments right in this area. We shifted this structure down and we've taken this pathway and moved it over to this area. We were able to shift this over and move this down and provide this unit with carport in front and by doing that we were able to add 3 more parking spaces in this area. We have made some minor modifications as requested by staff. We also provided a path from the clubhouse out to there. As far as the 35 foot landscape requirement, we understand what staff is saying. We concur with staff in that as a part of the zoning of this property to an R-40 which took place in 93-94 in that time frame. That 35 foot landscape buffer was a part of that. We don't know how to get that modified. As staff has said, that is probably a question for legal staff and also the City Council. What we are proposing is a 20 foot landscape strip and we would also landscape right up to the current sidewalk and current right of way along this area. Ada County Highway District Meridian Planning anc'-`,)ning Commission March 14, 2000 Page 23 does not have Meridian road slated for any kind of reconstruction or widening within their 10 year plan and I'm not so sure it is with their 20 year plan. It is not in their plan to have the work done and it may not ever happen. As we all know, ACHD changes their minds and changes their road classification every 10 years, so it may never happen. If it does, they still have their right of way. By the time they come in widen all this is going to be mature landscaping. There will be a berm and we will have a fence on top and also along here. We are asking for some consideration there. We are asking for you folks this evening if we could to instead of waiting for legal counsel response (inaudible) move it forward requesting City Council and legal staff provide some sort of answer to that. Another comment from staff, we have provided some area for storage. Most of the maintenance on the common area will be paid for by the homeowners association and done by a private contractor. We are providing within the lots minimal yard in between the parking areas and for private gardening and what not. Any kind of tools that they might need we have provided in the area for storage, shovels, rakes whatever the case. The majority of any kind of storage would occur over in the clubhouse area. We are providing a club house in this area here with parking. This would be for use of the homeowners association. People who live within the development itself. We have a considerable amount of open space and once again I think we have addresses the western stub and turn around for fire access over here. We have reviewed that with Kenny Bowers from the very beginning. In fact at Shari Stiles recommendation I went to Kenny Bowers and went over it with him. He did say that this would be sufficient as long as we don't over 100 feet. I have not seen the report that you referenced here this evening pertaining to lot 25. This is lot 25. It is the clubhouse lot. I am not sure I quite understand why they don't feel they could reach in here for fire protection. I guess that is something we will have to review with them. Certainly we have a hydrant here. We would propose to put hydrants—coordinate that with public works and fire departments. Wherever they want hydrants we will have to put them in. We are extending sewer and water into the project, so we certainly can coordinate hydrants and provide whatever access they may need. ACHD has required a turn around. Initially they wanted us to put in a culdesac turn around here. In further review and discussion with them, we have agreed to provide an emergency turn around easement within this drive area. It is not a part of the parking. They felt that would be sufficient for emergency turn around and we do need to review that with fire department again. As far as the Comprehensive Plan policies, generally we agree with staff comments on the issue. I believe there is two issues that we need to address and I think I have pretty much addressed the 1.18 comment pertaining to our common open space and the setbacks, etc. I think we have addressed that as far as to how we got to this point and why we are where we are with our setbacks. As far as 6.11 U, I am not sure where staff is coming from this. We do believe that the project is a well planned and designed project. We have taken into consideration the needs of the community. This is a senior project which is needed within this community. In fact Lyn Helen who is one of the developers on this project is from our signs we have on the corner she has gotten extensive response, all very positive of people who are interested in purchasing within this development. It appears to us that it is a needed use and appears that will be received well. We also feel that it is affordable housing and really does meet the needs of the seniors. Just a couple more items. All but 5 units in this project are single story. We have specific units that Meridian Planning and `)ning Commission March 14, 2000 Page 24 are designed for handicapped accessibility with the lower cupboards etc. We have 5 units that are the two story units. We have kept them far away from this area so that we don't although we're at least 80 feet from the back of our buildings to any structure within Fathergill Subdivision we still try to keep these 5 two story units over to the south as not to effect any views that those folks might have. One other point that I just want to bring up on Heron Brook Lane. We are required to do ACHD is requiring us to do curbular sidewalk, half of a 36 foot pavement plus 12 feet. We are just about build or pave the whole dog gone road down to our boundary. There is an access, although illegal, from Fathergills Subdivision further down that comes in and cuts across two pieces of private property and there is traffic that cuts through there. I live up in that area so I see that happening all the time. We discussed that with ACHD. That particular street was supposed to have been barricaded. For some reason they put the barricade on the south side of Blue Heron Lane which doesn't stop anybody from getting there. If that becomes an issue, particularly with the neighbors who live down in here, ACHD said they would go back and enforce the blocking of that road. If that issue should come up I wanted to make you folks aware of that. As stated in my comment letter, we do understand there are some issues that must be addressed by the Council but we do request that our application be forwarded to the council with a favorable recommendation with the understanding that the Council will have to make the final determination on the couple of issues of this project. With that I will stand for any questions. Borup: Any questions for Mr. Unger. Barbeiro: Mr. Unger. The intent was to be seniors only. I am a little perplexed when I saw the design for the 3 bedroom as that does not appear to be a seniors only layout. I am thinking with a 3 bedroom like that customarily you would have someone else living there. Will you address that. Unger: Well, what we were trying to do was provide a little bit of flexibility. Seniors are seniors yes, but they are also grandparents. There are people who very well might want to have a 3 bedroom unit. Barbeiro: I am trying to compare this with the senior unit that is just down the street and it is very similar. The intent was not to have a full time resident there but that would be more of a temporary resident. Your explanations of the changes the lots the setbacks means now that the roads would all be private and that would essentially be a private driveway, not a public road. Unger: Correct. In fact they are considered to be private driveways. They are not considered to be private or publics roads. They are driveways much in the same way that you would have for multi unit residents, 4 plexes, multi unit apartments where you would have your parking in your driveways etc. This is a R-40 zoning which is a multi family zoning. Barbeiro: I don't have the dimensions. How wide is a driveway then. Meridian Planning an _'oning Commission March 14, 2000 Page 25 . Unger: We have a 25 foot back to back curb and them we have a five foot sidewalk and a 5 foot sidewalk. Barbeiro: So you wouldn't allow any on driveway parking on street parking. Unger: Well certainly. It can accommodate on street parking. There is not much room considering we have our carports here—those are actually designated for compact. Barbeiro: Where my discussion was leading was say for example, right here we have someone parked at this spot and someone pulls out of their driveway. Your not going to have the room and the concerns I imagine that would be left for public works to deal with. Unger: If I could clarify very quickly, we've got 50 full size parking spaces, with the car ports and parking spaces here over in this area. We have 50 full size parking spaces which is more than enough and then we also have 25 compacts. We have a lot of parking. We do feel that 25 curb back to curb is sufficient. If public works wants to review that a little bit closer, that is certainly their prerogative, but we feel that that should be sufficient. You also have to remember they are seniors and there maybe a duley or two in there, maybe, maybe not. But certainly Cadillac's. Barbeiro: Can you describe for me how the single family residents two car garage in comparison to a duplex, comparison to a townhouse applies to this in regards to our zoning ordinances. There appears to be some confusion and maybe since you did the design you could tell me how you interrupted it so that I can understand your visions. Unger: The problem is exactly that. How do you interpret something that doesn't exist. There are no guidelines for townhouses. Actually in our reviews of this, we look at the typical senior does not have two vehicles. We felt that providing one covered space per unit would be sufficient. In our reviews with the director, she did say well you know single family residents your supposed to have two, but understanding that these are seniors and the likelihood of them having two vehicles is in our favor, she didn't see a major problem with it so that is why we went forward with it this way. I don't know how to make a comparison on that with you. We are asking for an exception on that requirement, although we do have one covered and a compact uncovered. If we start putting in two spaces for every townhouse, there will be no front yard whatsoever, so we thought that this—going this route gives us more open space in front of the units for a little bit of lawn and a little bit of gardening and what not. Barbeiro: I take it you are trying to avoid that James Court look of those townhouses around the corner. Unger: Absolutely. Meridian Planning and 'ging Commission March 14, 2000 Page 26 Barbeiro: You said that the lawns would be the responsibility of the individual homeowners or would there be one landscaping company that comes through and does— Unger: Let me clarify that. All the open common open space, all the landscape area— this is all lot one all the way around this thing is lot one. All that will be owned and maintained by the homeowners association. They would in turn contract with some sort of a lawn contractor to maintain all that. What we have is little areas in front of each unit that there could be maintain by each individual homeowner or I'm sure if they wanted someone else to do it for them they could. The only part that would be individually responsible would be in that little front area. Barbeiro: I see that as being a major cue between the neighbors, but that is something for the neighbors to endure and work out. If you were building a seniors only townhouse area, in my experience most of those are intended to be low maintenance for seniors who are relatively mobile. If I can have a mobile senior I am going to have someone who is likely retired. I don't see any storage area here for recreational vehicles along with the vehicle that they may have. Unger: I will address that very short and sweet. first of all we didn't have room for it. Second of all it is not a requirement. Third of all, I am aware of a project that very well may come in down here that is going to have storage. There are other storage areas all over the place now popping up everywhere. They are going to have individual storage and RV storage etc. Barbeiro: I am thinking that when —take my parents for instance, they use to go with their other senior friends and park their RV right in front of their house. When my brothers would go visit my parents at their townhouse, they would park their RV in front of the house. I see this as being concerned—you could never park an RV in there because you would never have the length to do it. Unger: Correct and may I point out in the CC&R's that that would not be permitted. You folks have a draft of the CC&R's. Those are being up dated and up graded and improved and would not permit the RV parking within the development itself. So, any body who bought a townhouse within this development would know right up front that they would not be able to have their RV's in there. Barbeiro: In the two story, three bedroom units, you still propose a one vehicle parking in that area, is that correct. Unger: No, well right here we have 4 parking—this has been moved over and it is correct, would have one there and same for this and this. Barbeiro: In our meeting for another project two meetings before, one of the discussions was the our CUP having the 25 percent reductions, while the ordinance do not excuse me are not clear on this. I don't believe it was ever the intent of the City to Meridian Planning ar..oning Commission March 14, 2000 Page 27 allow for a 25 percent reduction on a zero lot line townhouse in an R-40 zone. Again, while it is not specifically laid out as such, I find it cramped to take anything away from an R-40 zoning and cutting back in the 15 feet, although I do understand the restraints that you have. I just wanted to make that point apart from the realities of building this. Unger: Right, and I understand that. I think the best way I can address your front yard setback issue is that these are carports. They are not garages, although by the zoning ordinance and by the building code, they are considered structures. They are not substantial structures with solid walls etc. More so than anything I think the intent of the setback is to keep any kind of major structure out of that front yard setback that would adversely effect any kind of vision coming in and out. These being open are not going to cause any adverse effect on peoples vision coming in and out of their driveway or their carport. The buildings are setback 20 feet. The actual residential structures are setback 20 feet. It is just the carports that we are asking for a variance on. Barbeiro: There is a line here in the comments that says with regards to your carports, it would result in a solid row of carports obscuring the view of townhouse facias and creating a tunnel effect through the main drive of the complex. You did give us a (inaudible) of some of those types of carports. Could you elaborate on that and would you agree or disagree with staff notes. Unger: Actually, I disagree with the tunnel effect. It is all in the eyes of the beholder I think there. In that these are all open, it is not going to give you anymore of a tunnel effect than –a little bit more but then rows of mailboxes and things of that sort. If these were solid walls and things like that and they weren't open and lighted with a clear cover over them, I could see a tunnel effect. These are open and light and airy and I don't believe it is going to cause a tunnel effect that staff is referring to. Barbeiro: My final question, will you be using individual mailboxes or a group mailbox. Unger: Actually that is an issue we have to review with the postmaster, as far as to what they would like. I think a better way of doing it is in small groups of 3 to 4 boxes in a grouping like that would be our preference. We will work with what ever the postmaster likes on that. Once we go through the preliminary phase of the project, prior to final platting, we will send over a plat to the postmaster and have them review it for placement of mailboxes. Hatcher: In regards to the way it is currently laid out—well my first question is, is there a representative that can address the architectural design and potential issues on the project. Is that you? Unger: No, Glenn is here and she can address those issues for you. Hatcher: My question is redirected to her. Meridian Planning ane"Iming Commission March 14, 2000 Page 28 Norton: Mr. Unger, earlier in your testimony you had stated that you would hope that this board would send your project to the council for due recommendation and you would work out all these particulars with the City Council. Is that correct? Unger: As far as the legal aspect of the 35 foot landscape requirement that was put on the annexation and I believe there was one other – Norton: So you would work out that and you would work out the fire thing and work out the emergency vehicles. You'd work out all these things out with the City Council, is that correct. Unger: Yes, or prior to if that were the need. Norton: What do you consider this body then. What do you consider this meeting here tonight with us. Unger: I do not mean to insult this body. I have a lot of respect for this body and have been before this body many times. It is not my intention to do that. I believe we had two issues that are very specific that would need to be addressed by the City Council. I believe that one of those issues is the 35 foot landscape requirement and possibly the setback issue in that we are asking for a variance and generally speaking the City Council is the governing board that makes the final decisions on variances, particularly as far as fire requirements, we will meet the fire requirements. We don't have issues with the fire requirements. I don't know what their issue is on lot 25, but whatever it is, we will take care of it. That is fairly standard. You get comments back from the fire department, unless it is a major issue from the fire department that says we just can't do it, we can't service this property, we can't protect this property—if it is just an issue well we have a problems with lot 25, then that is an issue and it is something that is worked out to the fire departments satisfaction prior to final platting the project. That is fairly standard issue there along with sewer, water and things like that. Those are all required things that we have to do. We will comply with the fire department. Certainly if I offended you, I apologize. Borup: Anything else? Siddoway: Mr. Chairman, may I ask a question. First of all to let the Commissioner's—I think there is some concern or question maybe as to why this is a planned development. It is all ready zoned R-40. The reason is, it was annexed in January 4, 1994 and zoned R-40 at that time, but there was a condition of annexation that it would be developed as with a conditional use permit, as a planned development when it was developed in the future. One question for Bob that I am unclear on is the variance for the setbacks on the carports. Do you have a full 20 feet from the front of the carport to the structure of the building itself, or do you just have 15 feet. Or is 15 feet the what your calling the reduced – Unger: We have 20 foot on the carports. Meridian Planning and'—)ning Commission March 14, 2000 Page 29 Siddoway: So they are 20 feet deep and do they go out to a—is there a sidewalk along there? Unger: Yes. Siddoway: Okay, so it is 20 feet from the sidewalk to the structure that would be carport. Then the, what you are calling the compact parking, is 15 feet from back of sidewalk toward the house and not quite reaching the house. Unger: That would be correct. Siddoway: Okay. The other issue that has come up was whether RV storage, maintenance shed and those parts of a planned development would be required here. The answer is yes. It is up to the commission whether to recommend that they be accommodated on this site or whether you think that off site accommodations at the storage units that have been noted through town, could be used to meet that requirement or if they should be on here. I talked with Bob this afternoon about maintenance area and I think we talked about a portion of the clubhouse being used for that. The other thing to point out that in an R-40 zone, which this is currently zoned, bonus density requirement we've been interrupting was the reduction from the minimum lot size. There are minimum setbacks in R-40, 20 foot in the front, 15 in the rear, etc. There is not a minimum lot size in the R-40 zone just for the Commissioner's standpoint. Bob Unger is also correct in that there are no direct requirements related to townhouses. We saw this before on Lee Centers and whether duplex standards should apply since they are the closest or what else do you come up. Duplex standards seem to be the closest comparison for garages and they do require the 2 car garages, so the question is does the one car carport with a second car uncovered—a reduced size pad meet that requirement. I don't know if I raised more issues, but I did want the Commissioner's to understand why this is a planned development, first of all. For myself, I did shrink 15 feet and 20 feet—I wasn't sure where those measurements where coming from. That is all I have. Barbeiro: Mr. chairman, if I may ask Steve, the bonus density was intended for lots size, not necessarily a reduction in 25% on setbacks and other items. Is that correct. Siddoway: That's been—it's not well defined in the definitions of the ordinance. That has been the or is our current working definition. Borup: Anyone else? I think there was some questions on –did you have anything else Mr. Unger? There was some questions on the architecture. Anders: Glenn Anders (inaudible) patio homes Meridian Planning and " ning Commission March 14, 2000 Page 30 Hatcher: My questions refer to a couple of issues. First of all, could you point me in the document that is before us that addresses what the materials and finishes on these buildings are going to be. Anders: We have a list of building materials. I think it was supplied in the package. Hatcher: I was just digging for it and couldn't find it. Siddoway: It is not in the reply. It is in their original submittal package. Hatcher: While I am digging for that, could you enlighten me quickly. That's what I am looking for. We have vinyl exterior siding. Asphalt shingle roof. Vinyl windows. Aluminum gutters and then metal lattice carports. That's the exterior materials. For maintenance purposes on the —it is all low maintenance materials —standard residential materials as well. Anders: Right, they are intended to be low maintenance. This little grassy area between the parking spaces that your asking if that would be maintained by a single contractor. That would be maintained by the same people who took care of the rest of the grass and trees. In the CC&R's there is a thing that says like everybody can walk across everybody else's front yard, even though that is platted to be their private land, it is also stated as an easement in the CC&R's to be available to everyone. Barbeiro: I'm sorry. All of the front yards would then come under one single landscaping maintenance group. There would be a consistency all the way through. Anders: Right. You'll have to take care of one little patch of ground yourself. They would have to go through an architectural committee to plant flowers. Hatcher: Now there was talk about a garage and a covered carport. Anders: The two story units have garages. Hatcher: Which are only 5 of what we see. All the other units are single story which only have one lattice covered carport. I am concerned about the lattice covered carport. This is a senior's facility. Even at my age, I don't like my car being rained on or having to— Anders: They are covered completely, but it just look like a lattice. Hatcher: That's not what the picture is showing—so I think that is an important clarification. Anders: The pictures are actually for a patio cover and not a carport. Meridian Planning and --iing Commission March 14, 2000 Page 31 Hatcher: Zero lot line construction. Had a code review been thoroughly done? Zero lot line buildings require firewalls and with a carport considered a structure, you have a fire issue there that needs to be resolved. Anders: Where is attaches to the house. Hatcher: That is correct. You have two carports that attach to the building, which would mean you have a one hour fire rated wall separating the two facilities, stopping at the carport. So if one unit was to burn, that fire could be transmitted to the next unit around the wall because of this carport. I think they need some architectural considerations to be looked into on that –not an issue for this board, but I want to bring it to your attention. Anders: The primary reason we put those carports in like that way was for ease of access to the seniors. Those actually have access into the kitchen and pantry utility areas right there. You don't have to walk across the little patch of grass and go in through the front door. Whereas maybe if you had like rows of 2 story apartment buildings that were 20 feet apart or so and then all the carports down here, the people have to walk to them, even though there—you know. Hatcher: I understand what your attempting to do. I am just bringing it to your attention and you need to take a closer look at that. Anders: Okay and we will do that. Freckleton: While we are on building materials, I did have a question that came up. There was some conflicting information in the description materials. It talks about a 4 framing system of 9-1/2 TGI's. On the plan I believe it refers to an on grade slab foundation. I do have some pretty significant concerns about high ground water in this situation on this site. I'd like to get some clarification on that. Unger: For the record, Bob Unger again. We are aware of the higher ground water in the area. Certainly if whichever building system is the more appropriate building system for the foundations, that's what we'll put in. But, that is something that will be addressed at the building stage of the units. We would comply with whatever the recommendations of the public works department and the building division. Freckleton: Bob, did you understand my comment about the groundwater and my references to the groundwater report? Unger: Yes I did and let me address that very quickly here. There are—we going to have to on the drainage on this, we going to have to use a combination of seepage beds and swales. To the southern portion of the project, we are in a situation there where we can't put in seepage beds on the southern part then on the one more to the south and toward the drainage (inaudible) those areas we going to have to look at some drainage swales. We will be able to allow or be permitted to dump some predevelopment into the Jackson Drain, you know how that goes. Meridian Planning and —ping Commission March 14, 2000 Page 32 Borup: Any other questions from the Commissioner's? Norton: Mr. Chairman I have one more questions regarding the school board report from Jim Carberry. According to Meridian School District they say that they do believe there will be 10 extra elementary age students, 7 middle school and 7 senior high school age students. Did the school misunderstand what this was all about. Was it stated as a seniors--- Borup: It was not on the application, so they just did their standard formula on the number of units, as my understanding. I'd like to continue our public hearing. Do we have anyone from the public who would like to address this commission at this time? Cunningham: Ted Cunningham. 125 Blue Heron Lane. I live just across the road in Pfost Subdivision. I'd be almost from the first road off of Meridian Road, right straight across in Pfost Subdivision. Now, that shows two roads feeding into Blue Heron Lane, correct. Okay, that Blue Heron Lane now, how wide will that be—how much road will that be when it is taken care of. Borup: It is going to be a 50 foot right of way—a standard street right of way. Eventually this applicant was giving up some of their property to do —half plus 12. Cunningham: How about the property on the Pfost Subdivision. Borup: When that property is developed then the roads will be completed the other half. Cunningham: I have a plat of the Pfost Subdivision and there was 33 feet given to Blue Heron Lane when the Subdivision was put in there. That is from the section line, which is just about maybe 6 or 8 feet on the north side of Blue Heron Lane now. Now that isn't going to be that much roadway unless it comes off of the property here that we are talking about. What I want to know, will there be any END OF SIDE THREE Cunningham: have to give up on the south side of Blue Heron. No. Borup: No, not unless you would want to develop your property into something else. Cunningham. Okay and another thing. What is going to happen to Blue Heron Lane? There is a road like he said which is probably illegal coming onto Blue Heron Lane from the Fathergill Subdivision. That is just a gravel road now and the people coming out of that Subdivision comes down this gravel road when they can go right square down Oil road out to Meridian Road. He said it was illegal and I just wonder if that is right. If that should be blocked off coming down Blue Heron. Meridian Planning ane'-1ning Commission March 14, 2000 Page 33 Brown: Mr. Cunningham, as he stated the highway district said if that is a problem they will have it blocked off. That is all we can go by. Borup: You would need to contact the highway department. Cunningham: Okay, now will there be sewer and water put down Blue Heron Lane? To the end? Borup: To the end of their property. Cunningham: Okay. This tract that we are talking about now, down to the end of their property. All right. Thank you. Borup: Any one else? Dundee: Doyle Dundee and I live in the Fathergill area there on Larchmont Place. I am concerned whether there would be any C & R's for taking care of the exterior of the project. Of all the buildings and the roads and driveways and carports and so forth. I did not hear anything mentioned about that. Borup: We can get the applicant back up to address that more detailed. They did say there was CC&R's. Dundee: Yeah for the lawns and landscaping. I am talking about the buildings. Also I was wondering if there was any provision for maintenance of (inaudible) that runs between the two projects. It is pretty messy. Brown: Mr. Chairman. He has called it out as a common area. Dundee: He said something about a park. A designated park. Borup: Are you talking about the property Mr. Dundee or the ditch. The Jackson Drain itself. Down in the water area. That is under the maintenance of Nampa Meridian Irrigation. Dundee: Oh is it. They don't pay much attention to it. Also I did not hear any mention of the living square feet of the units. Borup: They varied a little bit and we will let the applicant address that. Thank you sir. Any one else. McMoore: Allan McMoore, 103 E. Woodbury. Mr. Commissioner and Commissioner's a couple questions for you and one is I am not sure—can I see your first slide—the plat where it shows Meridian Road with the landscaping. Right here on Meridian Fathergill, we have a berm. I want to know, do you guys know if that (inaudible) from the road. It Meridian Planning anc'—)ning Commission March 14, 2000 Page 34 is. Okay, and I guess your asking for 25 foot instead. Won't that cause a difference in the look. My house is right about there in the first culdesac. Borup: You're a little further over. You put your light right in the middle of the ditch. McMoore: Right up here there. Won't that if you have 35 foot on one berm and 25 on the other won't that cause sort of a strange look. My second question is the City of Meridian handles the maintenance of the Meridian Park on the north side of Jackson Drain. Who is going to handle the south side of Jackson Drain and is it common, meaning I can walk on it. If I can do it, my kids can do it and the 500 kids that live in my neighborhood can do it. Do you have a fence going out. Borup: We'll have that come up too. Any thing else. Thank you sir. Any one else. Hench: My name is Brett Hench, 149 E. Woodbury Drive. I am in the Fathergill Subdivision. One statement that the gentleman over here made—this R-40 zoning there was a condition upon the R-40 zoning that it has to be a planned development. Does that mean it can't be an apartment building. Siddoway: No. It means it can be apartments –R-40 would certainly allow for apartments Brown: Planned development is the hearing that we are in right now. Hench: Okay, 'i'II do the 3 minute rule. I have heard a lot of things about oh gee we need to go 25 feet in stead of 35 feet and what about the garages and on and on, but this thing for me is a God sent. I sitting here in stark terror that somebody is going to throw up a 60 unit apartment building right next looking into my backyard and they'll have 35 feet and they'll have all the things that we've been talking about that there is going to be—you know there are conflicts and problems, so we go in and put in the 60 unit apartment complex looking into everybody's backyard and everybody wants to move out and the property values go right down the drain. As somebody who lives there, I would like to see this happen, because the alternatives for us are horrendous. There are apartments just on the other side that when they went up I was ready to throw up the for sale sign. It hasn't been a problem because they are far enough away. This looks great to me. Borup: Any questions for Mr. Hench? Anyone else. Come on up. Haw: Mr. Chairman and Commissioner's my name is Raleigh Haw. I reside at 530 East Blue Heron Lane, Meridian. I own property to the southeast of this particular piece of property being reviewed. Can we go back to the map. This is the piece of property that I have in question here. My first question is the traffic direction west to east coming off Meridian road and down Blue Heron Lane comes often times across this piece of property and up Uricka and this way. We have a lot of traffic flow starting to develop from here and why they come down Blue Heron Lane, I don't know. But anyway it Meridian Planning and`)ning Commission March 14, 2000 Page 35 does. There are 4 commercial developments here. They are sort of a Sanford and Son without the son here. There is some kind of a engine thing. There is Meridian Meat and there is a building construction company in here. There is also some rental properties in here and right here. This all generates so much traffic through this particular area. The question I have is it Blue Heron Lane and the Pfost Subdivision property in right there. The property line that I have comes across the end of the street to the north side of the section line right there. The lane that I have going down to where I reside is about right here. What is going to be proposed for the continuation of Blue Heron Lane from this point to this point. That is the question I have. I understand in listening to this (inaudible) size of the concrete and paving construction to be done here—sidewalks and streets. You mentioned that this is an illegal crossing. Again why they put this particular barrier here, I can only believe that it was providing more access. What is being proposed for the extension of Blue Heron Lane through here. Borup: Nothing is being proposed on this application. It would take further developments, so probably when your property is developed is when that extension would happen. Haw: I though something might have been proposed by ACHD at this time for the extension of that and as sewer and other service lines. Brown: Mr. Chairman, generally as a general rule, unless the development needed and the traffic count that they were going to generate created a problem, they wouldn't require the developer to do off site improvements. This definitely or all of his traffic is east of you and he is required to improve his (inaudible) to the west of you. He is required to improve his entire length of his property along Blue Heron. When he comes up to your property line that is at the end of the existing right of way, as he stated previously in his presentation, the highway district said if that is a problem, which you can testify that there trespassing across your property to get to the street, that they'll take care of it. They will move the barricade and take care of it. I would recommend that you go do that. I'd talk to the highway district and ask them to do it and after this meeting I'd talk to Mr. Unger and get your name so they could call you. It is easier for you to call them and they are going to listen to you and Mr. Cunningham as residents along there and that traffic coming along. Haw: Well right now it is quite surprising the number of car or units coming down through here. We have semi's coming down through here now. We have large trucks to service these commercial enterprises that are going on in this particular area right in here. It may come to that right now, I don't have a particular objection, but I can see where a great deal of traffic increase in units out of here was to access and exit points coming out that Blue Heron Lane would be congested. With only one service entrance in here from emergency standpoints, you only have one access into this and that is Blue Heron Lane coming in from Meridian Road. The only other emergency access which has been used does come out of here and this I can attest they have used emergency services through this area. Ir there is a question about it, perhaps I'll lay that to rest. They do use it. Something came up about offsite storage units that peaked my interest. Meridian Planning and')ning Commission March 14, 2000 Page 36 There was kind of a general stuff about in here and so far I have not heard anything about it, which happens to land in my backyard. A part of the traffic and should there be future extension of services, if anything planned then or not in the planning but considered for this point to somewhere in this area right here. Borup: Yeah, as we stated earlier, that would be up to the owners of that property to do that development. Planning takes place as each parcel is developed to some extent, so that is up to that property owner to do that. The only piece that this application is concerned with is that shaded area out. Thank you sir. Any one else. Bell: Ron Bell. 117 E. Woodbury. I just have one question. Is there going to bean age limit of the people residing in this vicinity and other then that, I think it —what I've seen tonight it looks like it will be something good for the area. It is a lot better than weeds. Borup: They are stated ages 55 and over Bell: 55 and over. So that doesn't mean that one person being 55 they can have son, daughter, grand kids living in that residence. Borup: We will get a clarification from the CC&R's. Anyone else. Who wants to address—Bob you got most of those questions. Unger: Once again Bob Unger for the record. Just to review the comments from the neighbors. As far as Mr. Cunningham—we are being required to—it is have of 36 plus 12 feet of pavement, is what we have to do on Blue Heron Lane. Consequently we are going to put in 30 foot of asphalt, including and also 5 foot sidewalks plus the curb and gutter. We will be developing the surface to 30 foot asphalt roadway at this time. When and if development occurs to the south side, then additional pavement curbs gutters and sidewalks will be provided the total width from the right of way will be 50 feet. That is a standard street with any of these developments. I think 2 or 3 people brought up the issue about the Fathergill Subdivision traffic. We addressed that earlier. All of you folks that have addressed that there is a problem, we'd like to get your name and maybe we can all go together to ACHD and request that they do something about that traffic. It's the best we can do on that. ACHD has indicated that they would cooperate with that. Mr. Doyle had a question about the maintenance of the buildings, landscape etc. That is all being covered within the CC&R's for maintenance of structures, landscaping, the driveways and everything is being covered. The maintenance is still covered. The Jackson Drain concern they brought up about access to our path along the Jackson Drain or excuse me. I am jumping too far ahead. Jackson Drain, we have to provide since the City has their park on the north side, we've been given the task of providing Nampa Meridian Irrigation District with access to the Jackson Drain for maintenance and cleaning, etc. of the Jackson Drain. We have to provide that access and that is a part of our little path system. That would be along the northern section. They would be able to come along the path area and get their equipment in and keep the ditch cleared out as best as they normally do. Meridian Planning and'-iing Commission l March 14, 2000 Page 37 Brown: So, from your standpoint on the Jackson Drain, what kind of -your calling it out as a common area. Where does your maintenance quit or do you have a limit where you go to waters edge. Where is the point that your going to stop. Unger: I think the best way to address that is that right now there is ducks, geese in that drain. I see them everyday. We would be similar to what the city has done on the north side within their park area along there and their path area where we'd keep it grass down to within approximately 2-3 feet from the water, to keep some what of a natural habitat in the water area. The path would be up on the bank. We would have to have a license agreement with Nampa Meridian. We reviewed that with them. It was generally not a problem or issue. Someone asked about the square footages. We are looking at 960 square feet to 1400 square feet on the two stories. The third gentleman that spoke asked about our path and whether we are going to fence the ditch and whether we are going to have 500 kids over there playing in the ditch. I think our liability is the same as the City's. The City didn't feel they needed to fence the ditch. Certainly, for us to fence the ditch, we're not anticipating fencing the ditch. Our path will be up on the bank, very, very similar to what the City has done a long the north side. The path on the north side, that is open to all public to use. We want to be able to provide some interconnectivity here. We want to allow people to use the south side as well as accessing the City's path. They can certainly do that. All they have to do is come down Meridian road to the sidewalk and come across the bridge or the culvert and access the city pathway. We don't want to prevent anyone from using it. Borup: I think that was a question. Is that pathway is going to be open to the public. Unger: It is and it will be. The last question that I saw was Ron Bell asked about the age limit and like I said we are proposing 55 and up and there are some specific federal guidelines on age limits and we have to be careful about that. We will comply with HUD requirements and etc. Borup: Are children prohibited. Unger: On a permanent basis, yes. Borup: Up to what age. I know (inaudible audience conversation). Could you repeat his answer for the record. Unger: Federal guidelines require that 80 per cent of the people who live there have to be 55 or over. Brown: The reason that it speaks to it that way is discrimination laws. You can't discriminate against someone that is not 55 by not allowing them and that is why it is a percentage that the government come up with. Unger: Unless you have other questions, in closing I want to point out to you all that this is a in fill project. We are certainly not trying to accomplish the density that the Meridian Planning anc'''�nning Commission March 14, 2000 Page 38 zoning was given back in 1994. In fact we think it will lend itself well with the Fathergill Development to the north and future development that may occur to the south and we all know that not even a quarter mile south of there is an extensive apartment units. We feel it is a good in fill project. We feel we generally comply with the Comprehensive Plan. We generally comply with a few exceptions with the zoning ordinance. We ask for your consideration in that and we do ask that we be forwarded on to the City Council and I think that is what I was trying to address when I was asking this commission to forward these couple of issues on to the City Council for their review. I was trying to more address staff's comment that we be tabled or held up for additional consideration. We would like to go forward with the project and I think the two issues that generally come up are a couple of issues that may take legal staff at City Council to finally sort out. We do ask for your recommendation and hopefully for approval and ask you to move us forward this evening. Brown: I have a few questions for you. The highway district says Meridian Road is a collector as I understand. They are requiring you to put in sidewalks? Unger: Curb, gutter and sidewalk is existing. There is a curb cut we have to cut out and replace further to the south of this picture. Brown: You said you had to do a or give them an additional 8 feet of right of way. Unger: 18 feet. Brown: So you have no new construction, right. Your going to have 18 feet. Do you have any intent of doing a license agreement over that to maintain that until the highway district— Unger: That is something that we did—I have discussed with Larry Sale. We just have not based upon what happens here, you know we may go into a license agreement with ACHD. Certainly if this commission or the City Council specifically requires us to do a 35 foot buffer out side of that additional right of way, then I don't think we will be open to maintaining that 18 feet of right of way. It will just have to stay as weeds until ACHD widens it because that would give us a complete -18 feet plus 35 feet —that'd be 53 feet of landscaping to maintain, so I don't think— Brown: That is your feelings. That is the way your looking at it. I am looking at it different because I see the 18 feet of weeds that we know the highway district has the same maintenance crew that Nampa Meridian does. From a marketing standpoint, I think that a little bit of hydro seed and a little bit of lawn maintenance is a pretty cheap way to keep the City of Meridian a little nicer in the street sections than -- When you all ready have the improvements there is it a finished edge and then your going to have— nothing really. From a marketing standpoint it stinks, I think. From a good neighbor standpoint, it really stinks. Meridian Planning and ""ming Commission March 14, 2000 Page 39 Unger: Let me address that. You have a valid point, marketing wise, appearance wise certainly it would behoove us to do that. We haven't entered into any kind of agreement with ACHD. Our hopes are that we can get a reduction from the 35 foot requirement down to the 20 foot requirement and then we would go ahead and not just put grass in along that 18 foot. Maybe put shrubs and some other nice amenities along there within that right of way which could be a total of 38 feet. Certainly it behooves us to do it, which ever the case. At this point, we haven't entered into anything with ACHD. I understand where your concern is there and certainly we want to be good neighbors. We want to go along with nice entry ways into the city. We are just asking for some consideration here on the individual requirements of the city. Barbeiro: Could you tell me you personal opinion of the exterior construction quality on the townhouses on James Court and on the Aspen Hills Apartment Complex. Unger: I am not familiar with Aspen Hills but James Court all of the siding on that is curve T1-11 painted. Those were all older apartment complexes. Barbeiro: Those are the ones that are up front, the yellow ones. I referring to the blue ones, the townhouses in the back. Unger: Those are four plexes. For me to make a comparison of those two different— Borup: Where you going with this Tom? Unger: Yeah, were you going with this. To make a comparison of those two when I really am not that familiar with them would be totally unfair. What I do know is what we are proposing for our building material. Those are good quality building materials. The vinyl siding, etc. Low maintenance is one of the major issues. The carports, I know the issue came up on the fire protection. The carports are aluminum. Those are all fire issues that have to be addressed at building stage. It is all good quality material. Those are at least better than James Court. I know better than James Court. Barbeiro: Where I am going with it is that the apartment complex at Aspen Hills, which has been brought to our commission—an example of fair construction is a 20 year roof, R-2 vinyl aluminum windows and is vinyl siding, very similar to what you have proposed as the exterior of this. Unger: Did you say 20 year? Barbeiro: 20 year roofing material. Unger: They are going with standard asphalt chicks or yeah. Fiberglass shingles. I don't know for sure but l would assume we are going with architectural which is a little bit better. That's a standard shingle. You can get 20 year, 30 year or 50 year. An awful lot of them look the same. Meridian Planning and — ning Commission March 14, 2000 Page 40 Borup: That it Tom? Thank you. Anything else Bob? We had intended that the public testimony be done with. You can make two, I'll give both of you a chance to make something real quick. Dundee: Doyle Dundee here. I am still interested in the homeowners will have any responsibility with like plumbing coming into the unit, any kind of upkeep maintenance or repair to their dwellings. Borup: He said that is all covered in the CC&R's and there will be exterior maintenance. Dundee: He did not give a specific what it was going to be. Hatcher: I concur with this question. The original question was not answered. The original question was does the homeowners association that provides the maintenance of the common space also take care of the maintenance of the exterior of the building, or is that the responsibility of the owner of the townhouse. McMoore: Allan McMoore for the record again. I apologize, I guess my question was misunderstood. My question was are we going to fence the canal. I don't want the canal fenced. I like it the way it is. Are you going to fence the whole property so my kids can not get in to your guys property. Borup: Okay, clarification on the exterior maintenance. Hellen: Lynn Hellen for Heron Brook Patio Homes. In response to your question, we will be collecting homeowners dues from the residents and it will cover reserves for maintenance and replacements for the exterior of the buildings and the clubhouse. The only thing the homeowners will be responsible for is what is the interior of their units from the walls in and as far as plumbing, up to the units—that will be covered by the homeowners association—I'm sorry, up to the lot. Anything from the lot or anything on the lot and in the dwelling, will be the homeowners responsibility. Just like a regular home. When the buildings —when they need to have their roofs replaced then we will do that all at one time. If the siding needs to be repaired, we will do that all at the same time. The siding that we are using has a lifetime guarantee, so the only thing I can see that would be a problem is if it did need some repairs and we would take care of that all at the same time. On the St. James the apartment—or Aspen Hills—that is owned by a private party or corporation. How old is that building. 1994 it was built and it is all ready falling apart. If it is falling apart that should be the owners responsibility to fix that. If our building started falling apart after 6 years, the homeowners dues would have to cover that to replace it and bring it into good condition. Barbeiro: I don't doubt that ownership of an individual townhouse does carry far more weight then those who are renting a 3 story apartment complex and that the homeowners would demand that any repairs for the exterior vinyl be taken care of immediately. It is just that having lived in Aspen Hills for a short while, I did notice that a good wind storm did pick up and take off portions of the roof and vinyl. Meridian Planning and "ling Commission March 14, 2000 Page 41 Hellen: In addition to that, the builder that we have hired is a custom home builder. He is actually a very high end builder for a project like this so hopefully it is a good quality construction will eliminate a lot of future problems. I am just going to answer a couple other questions real quick here. In response to the 3 bedroom units, the only reason why we added those and we just added those at the last minute is because I have had customers call and request a 3 bedroom unit. As long as the master bedroom is on first floor, they wanted additional bedrooms up for furniture, for coming out of large homes into smaller units. Could not quite go into a 2 bedroom unit. We only have five and those are spoken for. Those went first and I was surprised. I spoke with Gabe Pennen that worked at Southwind Retirement Townhomes and she said that she had sold several 2 story units to handicapped individuals in wheelchairs, which surprised me. Because the master was on the first floor, their company could stay upstairs. These units —we will have handicapped units available and the other units all meet the fair housing requirements. We can customize a unit if we have someone with special needs. I don't even know of a townhome property in the County that is offering this. I have several friends that are in wheelchairs. I use to donate my time and I know there is a huge need for housing that can be purchased. There is housing out there that is leased but a lot of these people they want to be able to own their own home and to have that right and to live in a home that meets their needs. One more thing—my time up— okay the last thing is the carports. The reason why I wanted the carports to look like patios is because I got this idea when I drove through Goldcrest in Nampa. A lot of the seniors there did not have cars and they were using their driveways and garages as like a carport or patio and set it up with furniture. I thought if the people don't have a car, at least the structure all ready looks like a patio and they could use it for whatever they wanted to. Borup: Thank you. Any other questions from the commission. We still have one more public hearing. Brown: Mr. Chairman, I move we close the public hearing. Norton: I second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Okay, do we have a motion. Brown: Mr. Chairman, I'd like to discuss it. First of all, I don't believe staff was trying to slow or hold up the project. I think they had some valid concerns. I have a concern about the 20 foot setback. The times that I have seen a 20 foot setback has to do with cars backing up. The code requires, even in a parking lot, that you have 22 foot of backing space before you start to turn. So like you'll have a parking stall and you have a minimum of 22 feet. Now you have a 25 foot driveway or private street I guess we Meridian Planning and "',ping Commission March 14, 2000 Page 42 should call it, and so you barely meet the minimum for doing that. I don't have a problem with the rear yard setback but I am not quite sold the 20 foot should be reduced down to 15 or that the carports should be allowed a reduced setback. I guess that is where I'm at. I feel very strongly that Meridian Road needs to have a license agreement and I would recommend that whoever makes the motion that that be a requirement of this board for the Council. I also feel strongly that we need to support what the original annexation was and ask for the 35 foot landscape setback as was done with the annexation document. I really don't have a concern about excuse me the rear setback being small on those lots, especially where they have a large common area. That is all I have to say. Borup: Anyone else with comments. Hatcher: I got two. To support Kent, I also feel that the 35 foot setback and the original annexation should be maintained in our recommendation to City Council. The only other issue is the I guess related to the 20 foot setback. That is the narrow private road. If we go ahead and recommend that what's proposed to us be passed on to City Council, then I think that whether it is something that we can enforce because it is a private road or highly recommend in the CC&R's no on street parking. We've got this road so narrow, we have all most no parking space for visitors other then the tenants that live in these facilities. I can see all the visitors parking on the street and the street is so narrow that your just going to have cars banging into cars. I don't mean to offend anybody but this is a senior community and I eye sights and distance just aren't that good. I think grandma is going to be bumping into cars. I can see a big problem with what is currently proposed on that issue. That is the two I've got. Borup: Mr. Barbeiro. Barbeiro: I wish to concur with my two esteemed colleagues and having lived in a retirement community where 1500 of the 15,000 people had daylight only drivers licenses and all drive those where the wheels go on the back. I can see that problem and I know we don't have the right to enforce anything. I think Mr. Unger's argument was very convincing about the back line —(inaudible) lot 1 and making it much easier for you as a property owner to enforce the maintenance of that, so I would concur that the rear setback is not a concern. I wish to say again the 35 foot setback remain and I still see a concern with trying to do the bonus density and include that as a 25 percent reduction. I don't believe the bonus density in this area were intended to be at 25 percent reduction in (inaudible) setbacks, so I would go along with the conditional use permit END OF SIDE FOUR Barbeiro: preliminary plat. Borup: You say you would not—repeat your statement again. Meridian Planning and `ling Commission March 14, 2000 Page 43 .Barbeiro: At this time I would recommend the conditional use permit, not recommend the preliminary plat. Borup: Any comments Sally? Norton: I concur with the rest of the Commissioner's regarding the parking and very, very short width of the street. I can just see an airplane looking down on that area and see cars everywhere. I am also concerned about not having two car garages. 55 years and older have a lot of vehicles, many of us do. I can see the neighbors, this is just comments, that it's something that they have relieved it seems to have a low profile rather than high apartments. We just saw something come through here the last two meetings with a similar proposal but the developer did reduce the number of units in order to have some open space in there. Hatcher: There is a potential here reconfiguring that 35 foot setback is going to require some reconfiguring on the units. I would probably go with Tom moving the conditional use permit forward but I think the preliminary plat needs to be reevaluated and presented back before this body. Some of these units are going to have to be readjusted to do that and at the same time I would recommend that the applicant look at widening that road. Brown: Real quickly I'd like to make—we always make negative comments. I would like to make some positive ones before we get to the motion. The positive ones is that I think that it is commendable that they are providing a handicapped accessibility and that they are having at least a percentage of these units that make them handicapped accessible including the cabinets and so forth and I think that is very commendable for a developer/builder to do that in our city. I think that there are that they have done a lot with a poor piece of property at the best. Any of these ditches I think our commission is going to see more and more of them just like Boise is right now as the easy pieces of property are disappearing and the hard ones are left. I think that they have done a fine job. The concerns that we as Commissioner's have strictly have to do with backing up. As I spend time working for the city of Boise and approving private streets on a general basis until the City Council decided that was not acceptable and the highway district got smaller street sections. These kind of developments, it becomes very difficult to pull into your parking stall with any kind of vehicle, no matter what your age group is. It is difficult to try to hit that parking stall you have to go clear to the other side of the road to get in there and line up. At least with my driving capabilities that is what I have to do. My wife has a floral business here in Meridian and I have to go into some of these units occasionally and it is hard. Your shooting that gap. There is all ready cars there. It definitely needs to not have any parking on the private street, in my opinion. I don't know what an adequate width is but I would say at least another 5 feet. That is kind of where I am at and my feelings about the additional width in the road. I think that might make some things difficult in the preliminary plat, the preliminary plat is the next item for us and we are on the conditional use permit. I am ready to make a motion if we are done discussing it. Mr. Chairman, I would recommend approval of Item 3, conditional use permit for proposed Heron Brook Townhomes Subdivision -40 lot townhouse Meridian Planning and !`ling Commission March 14, 2000 Page 44 .project on 3.98 acres in an R-40 zone by Pinnacle Engineers. I would recommend approval per staff comments. I would ask that condition 6 be rewritten to require the 35 foot landscape buffer along Meridian Road as required by the annexation resolution or ordinance. I would also ask that a part of that condition that the developer enter into a license agreement and provide evidence to the planning department that they have entered into a license agreement with the highway district to maintain that extra 18 feet. I would ask that condition 4 –1 really don't know how to modify that one. We need the 20 foot setback or we need the 30 foot roadway. I don't know how to put that in there. Any suggestions from staff? Borup: Any comment there Steve or just the way he said it. Siddoway: I don't know. I am just trying to –your talking about either requiring a 20 foot setback— Brown: I don't know which to require. The 20 foot setback or that the private road be 30 feet. I think that if the road was 30 feet that what they are proposing is adequate. They are—I think that if the road was 30 feet that the setback that they are proposing is adequate. The road would have to be wider. Maybe that's the recommendation that I would make. Siddoway: That is fine. I don't have strong feelings one way or the other. The 30 feet would be less land consuming for the applicant than requiring the 20 foot setbacks. That is one thing to think about. The other thing I want to point out is that the modification that you are adding on to these conditions are requiring a modification to the plat and the number of lots. In the beginning of your motion was for a 40 lot Subdivision. I don't know, but it may need to be – Brown: We can look at the Subdivision portion of it but the how it was noticed stated 40 lots and so – we modify condition 4 to request a waiver of the minimum 20 foot setback but that we require a 30 foot private road with no parking and that it be posted with no parking signs and that the curb and gutter be painted red. Siddoway: Just so I understand because I am trying to take notes. You are proposing allowing a waiver of the 20 foot setback to allow zero setbacks for those carports but require 30 feet private street with no on street parking and designated as such. Brown: That it be posted with signage and that the curbs be painted red. Borup: Steve or Bruce do you remember a year or two ago we had private streets reduced way reduced frontage the Lakes at Cherry Lane. Do you remember what the widths of those streets were? The reason I bring it up, the requirement that we put on that I believe was parking on one side of the street wasn't it or am I thinking sidewalks on one side of the street. Meridian Planning and riing Commission March 14, 2000 Page 45 Freckleton: Mr. Chairman I believe you thinking sidewalks on one side. We did allow them to only have sidewalks on one side, but I believe there was a restriction for no parking, no on street parking and I think that the width was 28 feet. Hatcher: Even though we are asking for 30 feet that is still a narrow road and in exchange for that we are eliminating the setbacks so I don't think we should or we shouldn't allow parking on such a narrow road at all. Borup: Someone comments made I wonder if there is a misunderstand that the setback to the building itself is still 20 feet. So the solution there would be eliminate the carport. Brown: No, you don't want to eliminate the carports. The carports are an advantage to everyone. I think it is a innovative way of doing the— Borup: Okay, do you want to summarize your motion a little bit or— Brown: I am asking that condition 4 be modified to allow the waiver of the 20 foot setback on the carports but that I require that the private street, as proposed, be widened to 30 feet and that the street be posted with no parking and that the street curbing be painted red for no parking and I ask the condition 6, 1 think I was clear on that, but all the rest of staff recommendations and conditions as previously stated. Barbeiro: Commissioner Brown, we also want to go along with the developers 4 to 5 foot rear setback, keeping in mind that he has that lot in the back as a common lot, so we would recommend to City Council that the 4 to 5 foot average rear setbacks remain as planned. Brown: Correct, and that is per staff comments about they did not have a problem with that. Hatcher: With that said, I will second the motion. Borup: We have a motion and second. All in favor. MOTION CARRIED: ALL AYES Borup: We do have one more item. Item number 4 open public hearing. 4. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 40 BUILDING LOTS ON 3.98 ACRES FOR PROPOSED HERON BROOK TOWNHOMES BY PINNACLE ENGINEERS, INC. — NE CORNER OF MERIDIAN ROAD AND BLUE HERON LANE: Borup: Steve have you got any other— Meridian Planning and —ping Commission March 14, 2000 Page 46 Freckleton: Mr. Chairman, the applicant is requesting that the preliminary plat be tabled 2 weeks so he can do a redesign. Borup: Put to April 3rd Brown: I don't think this is going to take a lot of time is it? It shouldn't. I think we hammered out all the issues. Borup: I'd rather do it at a special meeting rather than run into another meeting that is going to have a full agenda. I don't know how you guys feel. Siddoway: I have no further staff comments. Borup: Okay. Would the applicant like to make a formal request for continuance? Unger: Just for the record, Bob Unger, Pinnacle Engineers. We would request a tabling till the commission's next available agenda so that we could make some revisions to our preliminary plat based upon the commission's comments on the conditional use permit. Brown: Mr. Unger. How soon are you going to have those so that staff can have a review for us —can we commit to a day. Unger: As soon as they feel that they need them, other than yesterday, just isn't going to happen. Give us Monday? Brown: Is that acceptable Steve? Siddoway: Yeah next Monday, I am just trying to think, if we continue this to the 3rd that is 2 weeks from yesterday? So Monday would be fine. That's 3 weeks from yesterday. That would be fabulous. That way we could do —we have time to do comments and you'll have—if there is any response that you—you'll have time to review our comments by then. Borup: Mr. Brown, are you available on the April 3rd. I asked this earlier. We do have some Commissioner's that are going to be not available so then we will have a quorum. Good. So the applicant asked for continuance of this hearing to our April 3rd special meeting. Brown: I'd make that motion. Or first I'd ask that we close the public hearing. I move that we continue this to April 3rd. Hatcher: Second. Borup: Motion second continued to April 3rd Special Meeting. All in favor? Meridian Planning and ,-- ing Commission March 14, 2000 Page 47 .MOTION CARRIED: ALL AYES Borup: Do we have a time established on that. Is that a 6:30 meeting. Siddoway: Modifications to Planning and Zoning by Wednesday the 22nd Borup: Okay Commissioner's the one's that are going to be here prefer a 6:30 meeting? Where this is a Monday meeting rather than Tuesday, we would definitely the staff comments — Norton: By Friday, so we can look at them over the weekend please. Siddoway: If I can get his comments his plans by the 22"d, you'll have them well in advance of that. I would like to get them to him so he could actually respond also before then. Let me take a look at a calendar. Borup: Did we vote on that motion. Yes we did, okay. Barbeiro: Mr. Chairman I make a motion that we adjourn. Norton: I second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Meeting adjourned at 10:36. (Tape on file of these proceedings) APPROVED: Keith Borup, Chairman Date ATTEST: William G. Berg, Jr., City Clerk TO: Brad Hawkins -Clark, Planner - Meridian Planning & Zoning,'','''''' 200 E. Carlton, Suite 201: ' : - (; Meridian, Idaho 83642' --MAR- DATE: March 14, 2000 < i , a . - - RE: =Heron Brook'Townhomes Subdivision - bear Brad: - ~; -- _ __ 1, accordance with, staff report dated March 10;'2000 on the above- submit-the bove In acco p referenced project,. we submit the following response:;- ��! ! ' LTIREMENTS GENERAL REQ We -concur with 'staff on items 1 thru 9. y re,- i CONDITIONAL USE COMMENTS: 1. To clarify,this is proposed to, be a 55+' senior community, with all Fair Housing 'Act requirements being met. 2. , We concur with staff's review of the sign. 3 Based upon,3.98_acres, the required'sazofComon'Spacism17,336.8 sq. ft The total of lot 1 (common lot) is 56.052 sq:, ft. "Excluding the landscape strips along Meridian Road - and Blue Heron, and any area not- accessible: -or available to_ the, public, our net common space for this projects a conservative 36,800 sq; ft. which more than doubles the required amount.: -- 4. Staff is correct is stating that thereis no minimum lot size or street -frontage requirement -in the R -40 -zone. - R40 is zoning for multi -family dwellings with a common driveway/parking area. - ' We are proposing a common driveway owned. and maintained by the Homeowners Association. In our initial and subsequent reviews of the project with the Director, it was indicated that the`' driveway and common areas should be located on separate lots. `In doing so we; were no longer ' able to meet the setback requirements specified by the Code.- As-such,we are requesting a variance of the front ,and rear setbacks. The common area behind the building lots provides _ sufficient setback from adjoining properties. I - The proposed cazPorts instead of garages, provide- ~' open view areas where neighbors can observe' the safety of others within the development. We - have reviewed the possibility staggering -the carports to eliminate the "tunnel" effect noted by staff. A revised plan is being provided to reflect these changes:: In addition, we have reviewed this project with Nampa -Meridian Irrigation with the possibility of a 10' encroachment into their 870 NCrc71-1-i L=J 'ER K =IE B - NERIDL—LN, IDAHO 83842 , (208) 887-7760 - FAX (208) 887-7781 - - , 40', easement along the 7ackson Drain. Initial indications from John Anderson are that such an / encroachment' is possible, Final - determination will be madedurm '3 g the Final Platprocess. = - Although this.may-not completely_give us sufficient room for complete. setback compliance, it { would provide for substantial staggering of the buildings. '_Since this is a' seniors project, we are', { T L trying to reduce the amount of'lawn and landscaping. to be maintained b the individual owners. T Reduced setbacks reduce this individual maintenance issue.• r_ y ' a J 'Zero_lot line towihouses.are noraddressed within the Code when z+evie "wing parkingor garages. ` -Although it" seems` logical to require the 'wine -as. duplex- housing, it does` not work well with a project desnanmarketed for. Most seniors do not have two vehicles: We are \ providing 1.5 parking ;spaces within ;the- carports. ..As stated above;. the. 'proposed carports, - .T, instead of garages;' provides , open view areas: where neighbors can observe the safety. of others within the development. We. ask -the Commission and Council to take this into; consideration, i r 6 We concur with staff ur them evaluation ' We ask:.that the commission forward our: applications f �;-to the Council with the request that regal staff review and address this, issue prior to the City J \ Council hearing We ;also would like • to(- point out that :the "subdivisions on the west side_.of J ` ' Meridian Road (Waterbury Park & meridian Manor) provided only 20 landscape buffers along Meridian Road `7 ,We will be using a combination of seepage beds and -- drainage ' pag amage swates (outside:,any required' Planting strips) to manage on site drainage and , will be , dischargingsome drainage's,, to the Jackson Drainage at predeyelopment rates as provided for by. Nampa Mendiatis' - 8: We will coordinate trash receptacle location with MSSC 9. Although: the majority of the maintenance of the common areas will be contracted out to a : ' rofessional, maintenance company,minimal-storage t' _ P rage ; is being' provided m each unit'. and :the - { clubhouse 10 A colored rendering wv�1l be provided for the Council's review;' pathway linking the clubhouse to,the northern pathway will be provided. Please see attached ` revised plan. " \ _ 12. Updated` CC&Rs are bem finalized for the ` ro ect. We have - g P J provided 3 "general house plans ' on the site, plan and_as a partof the. CUP application.; "These plans, will be used as reflected on , the site pian. _ , 13. No -_comment: T _ : r ',-TRELRVE NARY PLAT. COMMENTS A. Street.name and subdivision name approval,will be provided with corrections if needed. Fire hydrant :placement will be coordinated with Public Works__ \ . 3 : We-' enter into a re assessment agreement with the City. if neededJ. f 4. -'.,Sanitary sewer.services will be extended;as required.by-PublicWorks. ' y S: Water services will be extended as required by Public Works. 6 Streetlights -will be_installed as required by Public Works.! ..r• ,7.; Under'grouud pressurized irrigation, will Abe, installed. all _lots ,through p Nam a 1Vleridian'_. Irrigation District: = - ; 8 /A detailed landscape plan for the common- areas, including 'fencmg,, pathways, and type of A construction will_be:provided priorto final platting. 9: Right-of-ways will be dedicate"as required bX-ACRD V\ ,� / 10 ThisIetter is our response- 11 esponse?£ Y1 We_will be, using a -combination of seepage beds and grassy swales to; handle,drainage. �Ve-will` y f - be ;discharging to the JacksomDranage at.pre-development rates.'. \� 12: The : design_ engineer -will provide a statement- of compliance pertainirig to finished grades of ' streets_ at least 3' above established normal ground water elevation and building footings: at least , ' 1' above high ground water -13 We have reviewed the- western stubof the common drive with'Kenn Bowers ire Chiefy The - `distance from the intersecting drive to the western end, of the drive is 146.75' which`relieves us ; from installing an emergency vehicle tuiv'around: -COMPREHENSIVE PLAN POLICIES' = Generally, we agree -with- staff's commentson this issue , We would like to, address the following two issues: _ 1.18— Staffs comments on this issue: are correct Our: original- layout of -the project did, meet - setback requirements. In reviewing the project with the Director, it was recommended -that the - ' 7 r . 41- N. common open space bewithinadedicated lot for, thesimplicityof maintenance by the -Homeo*rneit Association.,; As such, ,we revised.,our plan to=co mply -with.'tion. We the Director recommenda '/have made some minor adjustments s to help reduce the "tunnel" effect and to increase our setbacks. _-Weask the-Cornmission andcouhcil to, take this into consideratiort. 6.1-113 We believe- that this pro1jed and well-desigiied- and. has-„tak6ninto consideration the needs, of the community for affirdable, housing; particularly the, needs ,of senio is*)' Ix, I Iv This pr/! extensive restraints Dedication' -of ROW for -Meridian Road, BlueHerdn' -eThis. Drive, 1� property has'someanda40' .as ementfor the Jackson Drain substantially restrict the use_ofthi&p�opert:�,' total area of unusWe. land isA.25 acres: Tbis',area'sub tracte from the:3.98 gross acreage lefCus” with 2.7� acres of usable,- land. We:.belie believe w')e-- have met the intent "of thee -Comprehensive Plan and i Ar�pfo�vidin ne_ededs'em*6rhoiisingforth6'City-..".,. g We:,_uh&erstand thatthere are issues that \must be the Council and request that. pplication be f Ulffavorable' forwarded the Council wa A�recommeildationwith -the ,understanding "- X; that thiCouncil Will have 'to, make the fiW determifiatiold on this dpplica4op., , A, Ahat osting of the on th&applicatiqn is In questionL-The site was posted on Ye-understanct p hearing Tqbruary 28,1,1-,2000. If you have any questions of comments regardingma4er, _pIeas me at (208) 887-7 Sincerely, Robert', C. Ungof-,. - Project N1 j anager,1,: 17 , V c&.- File#C99621 Ty ,Rellen vi T) A C Iz z ® "Lattice' for shade ® "Solid" for shade and rain protection Manufactured by VALLEY ALUMINUMTm • Phoenix, Arizona ICBO Approved I tTn/TTnfA CqTVTlniZCV 1. JO KTTA7U AeCe 7bP OA7 VV4 bb:AT CCU AR/A7/7T j I _..; 7�. a e*� 24 ** TX CONFIRMk jN REPORT ** DATE TIME TO/FROM 03/14 16:38 2088886854 AS OF MAR 14 'Lj 16:39 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'20" 001 194 OK NOTICE OF HEARING FEcErV:EJ) MAF 14 2000 City- of Xeridiaz Citti• Clerk Ofrice ,D&;, 3 — I, Robert C. Unger, 870 N. Linder Road, Suite B, Meridian, Idaho, do sware, attest, and certify that 1 personnally posted notice of the March 14, 2000 Meridian City Planning & Zoning Hearing at the site identified as Heron Brook Townhouse Subdivision located at the northeast corner Blue Heron Lane and Meridian Road, Meridian, Idaho. Dated this 14`" day of March, 2000. oCUnger SUBSCRIBED AND SWORN to before me the day and year first above written. �o4a*y �annrnnerpgae LL� e d V i(( O G G � Oq0'` V L Oha '��0,1Q708S990 • 1 Notary Public for Idaho Residing at AL rn�r--T_ r{_ Qh,. My Commission Expires: : n- acoz March 10, 2000 MERIDIAN PLANNING & ZONING MEETING: March 14, 2000 APPLICANT: PINNACLE ENGINEERS, INC. ITEM NUMBER: 4 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOME PROJECT FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. STAFF COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: l 1 t US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) CITY OF MERIDIAN (08) 2S8-2499 2501 CITY COUNCIL MEMBERS ADA PLANNING ASSOCIATION WORKSB Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT (208) 884-5533 - Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT _RICHARD HATCHER, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _TAMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT / YOUR CONCISE REMARKS: 1) �`Y - POLICE DEPARTMENT J - L) -f �L 5- 7-A k,, : s No .¢r_,_4o.s4- �. � w.0_= _CITYATTORNEY D k lef. w)A� (2-(,- r s ffjL; 1 _CITY ENGINEER _CITY PLANNER Li— C`0A)iE5 L;.)i! 76 / �C /'1 CENTRAL CENT RAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division CUp"HEALTH DEPARTMENT �� +� Rezone # F R 9— — Conditional Use # CITY Of DM Preliminary / Final / Short Plat OD — OD y �''�� k 7�_w Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: //////�� Xcentral sewage❑ community sewage system E] community water well El 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, J� Division f Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines Tcentral water I,f'I 10. Run-off is not to create a mosquito breeding problem. F-1 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �J 14. /�� .� r P S�.r /,� TTi4c i4L�s To rte• .� a�i� Tf�.P Date: r?ir .�.✓.aG �m ��•✓ 7"` Reviewed By:� CDND 10/91 rcb, rev. 7/97 Review Sheet plir.:ICr C(C qrPUL�H RT,,tENT G _Ccs 'C L) Cr - - ru 1re,ent arrd trout disease and disa.7ttiy: to Jrumute /reai:liv h1estyles: and to prateec and prumute elle itealti, and ,Terata; u/ uuf ernrrrrrrrerrt. STORAIWATER NIANAGENIENT RECONEMENDATIONS we recommend chat stormwater be pretreated through a grassy swa[e prior Co discharge to the subsurface to prevent impact to groundwater and surface water quality. The enzlneers and architects invo[ved with the design of this project should obtain current best management practices for stormwater disposal and design a Stormwater rnanavc>��ent system that is preventing groundwater and surface water degradation. 'Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best 'Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. stormwacer ;/9s:diy ',-rIC 12T•T`�a Seriirt; 'valley, Elmore, Boise, andAda Com,"es senora Ccurtry OUTC9 VCllay Caunry Ct ica ACC / 9aiS9 Caurty Clfica AGC•'NIC SG:allite (0111C9_ 5", ler i�3 N. (;; 7r]7`I..Ltr:C.^•C�rl. i,16<CC3f; 2CiSe. 'C ,�..'./r' ,LSCUR.'G� . -:,.rn?.;CB:C�i 4tCCJt1:.C. Cile. IC .1 y 127.7—%C r'n.:Ja .._ G t^ :0 rvrro. ^?C: 7:? 127.7:tCCz (. l} t•3___s? rvlC: iT� CC F.,X. S:= Z! 74 rr..r..•;rutCacrt::Z7•74 ;a;(: 4-47.151! jer:r,r Mum:tcn: 127•71,;0 . ',-rIC 12T•T`�a 02/04/2000 15:32 2088885052 SANITARY SERVICE PAGE 01 MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN (208) Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTNIENT Keith Bird M)r;RIDIAN, IDAHO 83642 ; l�CE11 ~ �1J 1?O8) 687.221 I - Fax 887.1297 Tammy deWeerd Cherie McCandless (208) 888-4433 - Fax (208) 887-4813 City Clerk Officc Fax (208) 888-42 PLANNING AND ZONING T C Q 0 4 2000 DEPARTMENT (208) 884-5533 - Fax 888.6854 City of Meridiau TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be consideled by the Meridian Planning & Zoning Commission, please submit your comments' -and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:, February 24 2000 TRANSMITTAL DATE: Februa2 2000 HEARING DATE: March 14 2000 FILE NUMBER: PP-00-004ry REQUEST; PRELIMINARY PLAT FOR 3,98 ACRES -40 LOT TOWNHOUSE PROJECT BY: IN K TOWNHOME SUBBDIVISION CURRENTLY LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN Mown A&2r. r.. ..� ... SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z —ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE MCCANDLESS. C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _,WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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) YOUR CONCISE FEB 04 '00 14:39 Acla Counly..-Yiclhcva" 2)ijZQ�� Pg z Judy Peavey -Derr, President Dave Bivens, Vice President Garden Cit Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us March 7, 2000 TO: Bob Unger Pinnacle Engineers, Inc. 870 N. Linder Road, Suite B Meridian, ID 83642 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT Preliminary Plat: BLUE HERON BROOK TOW Northeast corner of Meridian Road and Blue Heron Lane PCEIVE]D MAR 1 0 2000 CITY OF NIERIDN On March 1, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -CITY OF MERIDIAN Construction Services — John Edney Drainage- Chuck Rinaldi Glen Anders 483 N. Quarryview Place Boise, ID 83712 Lyn Hellen 483 N. Quarryview Place Boise, ID 83712 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Blue Heron Brook Blue Heron Lane/Meridian Road Blue Heron Brook is a 38 -lot residential subdivision on 3.98 -acres. The applicant is also requesting conditional use approval to construct 37 -townhouse units with one clubhouse lot. The site is located on the east side of Meridian Road, approximately % mile north of Fairview Avenue. This development is estimated to generate 370 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Meridian Road Blue Heron Lane ACHD Commission Date — March 1, 2000 - 12:00 p.m. M z r M C.IAI ftE............. ... . _ i -w00 ATER_BUR_y_ �SLI T E C �L N - N A ` 0 W 117 E 2� S WOO�BURY BLUE HERON FAI RVIEW Blue Heron Brook Page 1 Facts and Findings: A. General Information Owner — Glen Anders Applicant — Pinnacle Engineers, Inc. (Bob Unger) R-40 - Existing zoning 3.98 - Acres 40 - Proposed building lots 2 -common lots 1 -clubhouse lot 264 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Meridian Road Minor arterial with bike lane designation Traffic count of 12,659 on 7-21-99 370 -feet of frontage 70 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Meridian Road is improved with a 41 -foot street section with curbs, gutters and sidewalks. Blue Heron Lane Local Street with no bike lane designation No traffic count available 920 -feet of frontage 35 -feet existing right-of-way 50 -feet required right-of-way (15 -feet from the northern edge of right-of-way) Blue Heron Lane is improved with 20 -feet of gravel. B. On February 14, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On February 18, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The site has 920 -feet of frontage on Blue Heron Lane. The roadway has not been improved abutting the site. The applicant should be required to improve Blue Heron Lane abutting the site as one half of a 36 -foot street sections plus 12 -feet of additional pavement with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Blue Heron Brook Page 2 E. The applicant should provide a paved temporary turnaround at the end of Blue Heron Lane with a temporary easement provided to the District. Coordinate the easement and design of the temporary turnaround with District staff. F. The applicant is proposing to constrict two 30 -foot wide curb return driveways with 15 -foot curb radii off Blue Heron Lane. The driveways will be utilized by all of the lots for access to Blue Heron Lane. The driveways are proposed to intersect Blue Heron Lane approximately 120 -feet and 500 -feet east of Meridian Road. District policy requires a minimum of 50 -feet of separation from the driveways and Meridian Road. The driveway locations meet District policy. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The applicant should be required to pave the driveways a minimum of 30 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Blue Heron Lane. G. The site has an existing curb cut driveway on Meridian Road, located approximately 130 -feet north of Blue Heron Lane. In accordance with District policy, the applicant should be required to replace the unused curb cut on Meridian Road with standard curb, gutter and 5 -foot wide concrete sidewalk to match existing improvements. H. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public street prior to final plat approval. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking (,,round, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 15 -feet of right-of-way from the northern edge of right-of-way of Blue Heron Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Blue Heron Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. Blue Heron Brook Pa -e ) Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. 4. Improve Blue Heron Lane abutting the site as one half of a 36 -foot street sections plus 12 -feet of additional pavement with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Provide a paved temporary turnaround at the end of Blue Heron Lane with a temporary easement provided to the District. Coordinate the easement and design of the temporary turnaround with District staff. Locate two 30 -foot wide curb return driveways with 15 -foot curb radii off Blue Heron Lane approximately 120 -feet and 500 -feet east of Meridian Road. Pave the driveways a minimum of 30 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Blue Heron Lane. Provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public street prior to final plat approval. Replace the unused curb cut on Meridian Road, located approximately 130 -feet north of Blue Heron Lane, with standard curb, gutter and 5 -foot wide concrete sidewalk to match existing improvements. 9. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 10. No access points to Meridian Road have been proposed and none are approved with this application. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the Blue Heron Brook Page 4 /"N n action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1-1 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Blue Heron Brook Pace Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planniniz and Development Staff March 1. 2000 Blue Heron Brook Pa -e 6 r., ** TX CONFIRMi-. -JN REPORT ** AS OF MAR 13 '00 08:16 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS 04 03/13 08.08 PUBLIC WORKS OF --S 02'03" 008 138 OK 05 03/13 08 10 LEGAL DEPARTMENT EC --S 03'05" 008 138 OK 06 03/13 08:14 2086886854 EC --S 02'21" 008 138 OK —4aGL County,--AqLaq2)i• ct Judy Peavey -Derr, President Dave Givens, Vice President 318 East 37th Street Marlyss Meyer, Secretary Garden City, Idaho 83714-6499 Sherry R. Huber, Commissioner Phone (208) 387-6100 Susan S. Eastlake, Commissioner Fax (208) 397-6391 — E-mail: tellus@achd.ada.id.us March 7, 2000 JWE�TD TO: Bob Unger MAR i 0 2000 Pinnacle Engineers, Inc. 870 N. Linder Road, Suite B CITY OF MERIDUN Meridian, ID 83642 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: Preliminary Plat: BLUE HERON BROOK TOWNHOMUBDIVISION Northeast corner of Meridian Road and Blue Heron Lane On March 1, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: I. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are�r wired Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority lQggLther with the payment of fee charged for the manufacturing and installation of all street signs. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 TO: Planning & Zoning Commission/Mayor and City Council FROM: Brad Hawkins -Clark, Planner Bruce Freckleton, Assistant to City EngineeaF6_ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 March 10, 2000 '1vt- D MAR 13 2000 City of Meridian. City Clerk Off ie' SUBJECT: Conditional Use Permit and Preliminary Plat for HERON BROOK TOWNHOMES SUBDIVISION — 37 Townhouse lots, 1 Common Clubhouse Lot, and 2 Common Lots for the Private Drive and Landscaping. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY These two applications propose a new, planned unit development townhouse subdivision with 37 Townhouse lots and 3 Common lots on 3.98 acres. The net density is 9.29 d.u./acre. The Preliminary Plat proposes to subdivide the property into 43 lots, 40 buildable lots and 3 common lots. A Conditional Use Permit is required due to Ordinance No. 630 (see attached), approved by City Council 1-4-94, which annexed this property to R-40 and placed a condition of annexation that a CUP/PD was required for future development. LOCATION & SURROUNDING USES The subject parcel is along the east side of Meridian Road, ± 1/2 mile north of Fairview Ave. It is located in an area designated as Single Family Residential in the Comprehensive Plan. Surrounding land uses follow: North — Fothergill Subdivision, zoned R-8. Lot sizes which abut the north side of Jackson Drain range generally from 9,000 s.f. to 11,000 s.f. Fothergill and proposed Heron Brook are separated by an 80 -foot irrigation easement. Fothergill is fenced the full length of property. South — A vacant, 2.3 acre parcel zoned R-15 (Meridian), two single family homes (zoned Rl, Ada County) and Meridian Meat Packers and Hancocks Engine Repair, both zoned M-2 in Ada County. East — Fothergill Subdivision CUP-00-011/PP-00-004 Heron Brook Townhomes Sub.CUP.PP.doc 1-N ^ P&Z Commission/Mayor & Council March 10, 2000 Page 2 West — Waterbury Subdivision, zoned R-4, is immediately across Meridian Road which is a 3 -lane minor arterial. GENERAL COMMENTS Overall, staff agrees with the concept of the proposed subdivision. The high density is appropriate for an infill parcel with a difficult configuration and is well below the existing zone/density of R- 40. Ordinance 630 requires that a density of 20 d.u. per acre shall not be exceeded (Section 2, para. c., pg. 4), and the proposed plat has approximately half that density. Also, should Meridian Road ever become a bus transit route, the higher density is appropriate and also offers good accessibility to the commercial node at Cherry and Meridian. GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. CUP-00-011/PP-00-004 Heron Brook Townhomes sub.CUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 3 Provide five -foot -wide sidewalks in accordance with City Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. CONDITIONAL USE COMMENTS 1. It is not clear from the application if the subdivision is intended to be a 55+ senior community, as previous discussions with staff indicated. This should be clarified at the public hearing and, if it is the intent, all requirements of the Fair Housing Act must be met. 2. A proposed sign elevation (approx. 20 s.f.) was included in the application for review and approval. The sign location is proposed at the SW corner of the site and appears to be outside the clear vision triangle. Detailed signage plans are subject to design review and separate permits. Temporary A -frame signs and banners shall be prohibited and will be removed after 3 days notice to the owner. 3. Common Open Space: Proposals for Planned Unit Developments must include a minimum of ten percent (10%) common open space. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No details or calculations were provided in the application regarding the amount of common open space provided. The path on the north end of the site including grass areas on both sides is approximately 33,500 s.f. For residential uses, the City has not been allowing street buffers or required landscape setback areas to be included in the required 10% area. The estimated 33,500 s.f. is 19.7% of the 3.98 acre site. However, specific calculations provided by the Applicant must be provided to demonstrate compliance with this PD requirement. 4. Reduced lot standards: Standards do not currently exist in City code for townhouse lots. However, they do exist for single family dwellings and duplexes. The proposed townhouses function more like duplexes than single family dwellings, although they are defined in the zoning ordinance as single family dwellings. There are no minimum lot sizes or minimum street frontages listed for the R-40 zone. Minimum front setback is 20 feet and minimum rear setback is 15 feet. The majority of the townhouse lots seek a significant reduction of both minimums. The townhouse lots along the north boundary (Lots 2-24) average 4-5 feet rear setbacks. This is greater than the allowed 25% reduction in minimum lot standards granted to PDs. The building envelope shows a front building setback of 20 -feet. However, the proposed carports would extend out to the property line, resulting in a zero -front building setback. It would result in a solid row of carports, obscuring the view of the townhouse fascias and creating a "tunnel" effect through the main CUP-00-011/PP-00-004 Heron Brook Towohomes Sub.CUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 4 drive of the complex. While a variance could be applied for on the front setback, staff does not recommend this be approved. 5. The Applicant is requesting a variance from the front yard setback for the carports but does not state that they seek a variance from the garage requirement. Ordinance 11-10-7 (1999 code) states, "Each unit of all duplexes ... shall have a minimum living space of 800 square feet and each unit of a duplex shall have a garage capable of housing at least two (2) standard sized automobiles, at a minimum." This requirement for garages cannot be waived as part of the CUP process and must be approved by the City Council. 6. The applicant is requesting a variance to the required 35 -foot landscape buffer along N. Meridian Road. However, this was a requirement of the annexation ordinance and runs with the land, not a zoning ordinance requirement. Variances cannot be used to modify annexation ordinances. Staff does not have an answer for how this issue should be resolved. Legal Department should comment. Generally, Staff agrees that since Meridian will not be widened for 8+ years and landscaping can be extended into the future right-of- way to meet the 35 -feet requirement, this would suffice. But it still does not meet the annexation ordinance. 7. State agencies recommend that grassy swales be used for pretreatment of stormwater. Drainage swales will not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. 8. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least 3 sides per City Ordinance. 9. 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 owned by the neighborhood association. 10. Submit a colored rendering of the project as required by Section 12-6-4 of the Meridian Subdivision and Development Ordinance, along with ten (10) copies of a revised plat/site plan with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 11. Staff recommends that the pathway be linked to the clubhouse on Lot 25 to create greater usability of the path. 12. The CC&Rs state that each unit will be constructed separately by each owner. However, as part of a PD, the City must approve elevations of each building. Applicant must clarify CUP-00-011/PP-00-004 Heron Brook Townhomes Sub.CUP.PP.doc r A—,% P&Z Commission/Mayor & Council March 10, 2000 Page 5 if the building plans will be uniform throughout the entire project or if there will be design options provided to each purchaser. 13. Assessment fees for water and sewer service shall be determined during the building plan review process. PRELIMINARY PLAT COMMENTS Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 4. Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant will be responsible to construct the sewer mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5. Water service to this site shall be via extensions from the existing 10 inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant will be responsible to construct the water mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 6. 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 7. Underground pressurized irrigation must be provided to all landscape areas on site. Due to CUP -00-0I I/PP-00-004 Heron Brook Townhomes Sub.CUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 6 the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 8. A final detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, and all proposed ground cover/treatment. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. The concept landscaping shown on the preliminary plat is acknowledged and approved with the additions and changes noted under Site Specific Comments. 9. Applicant shall be required to dedicate all right-of-way along Meridian Road and Blue Heron as required by ACRD prior to the issuance of any building permits. 10. If possible, please respond in writing to each of the comments contained in this memorandum by 12:00 PM on Tuesday, March 14, 2000. 11. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ±1.0 feet below existing ground surface. With this shallow depth, it is highly unlikely that a sub -surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum 3 -feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 12. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least 3 -feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least 1 -foot above the high ground water. 13. The back -of -curb to back -of -curb common lot driveway width interior to the project is 25 feet. Staff questions if this is an adequate width for turning radii, especially at the turnaround at the west end of the driveway in front of lots 2 and 3. If the two parking stalls across from lots 2 and 3 are occupied, it would severely restrict emergency vehicle turnaround. Staff recommends this be designed as a knuckle turnaround. The Fire Department must comment in writing. CUP-00-011/PP-00-004 Heron Brook Townhomes SWCUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 7 COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Single Family Residential in the Meridian Comprehensive Plan. [Staff does not know the history of why this parcel was zoned R-40 when the comprehensive plan designation is Single Family.] The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chanter 11 U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing... Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1.4U — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. 1.8U — Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2AU — Encourage sidewalks and paved streets for all existing neighborhoods... 2.5U — Encourage compatible infill development which will improve existing neighborhoods. 5.16U — All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U — A variety of coordinated, planned and compatible land uses are desirable for this area, including low- to high-density residential, office, light industrial and commercial land uses. 5.18U — Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this CUP-00-0IUPP-00-004 Heron Brook Townhomes Sub.CUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 8 area. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way width of about 50 feet. Service to through -traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. 1.2U - Achieve a local transportation system connected to all modes of the regional transportation system. I AU - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.13U — Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; b. Development of uses other than single -fancily structures are compatible with surrounding development; C. It complies with the updated Comprehensive Plan. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 - Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.18 — As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development — maximum density, dimensional standards, and other requirements — shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental objectives are met. CUP -00-0I IMP -00-004 Heron Brook Townhomes SWCUP.PP.doc P&Z Commission/Mayor & Council March 10, 2000 Page 9 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Communit�gn ChM 6. 1 — All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.2U — Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. RECOMMENDATION Until the outstanding issues of the minimum front and rear setbacks, the requirement for 2 -car garages, and the annexation ordinance requiring 35 -feet of landscaping are addressed to the City's satisfaction, Staff recommends continuing this application. Many of the comprehensive plan goals and policies above are met. However, many are not. Specifically, policies 1.18 and 6.11U are not met. While we believe the overall density is appropriate for this area, the design and layout does not provide adequate visual relief, especially with the "tunnel" effect that would be created with the carports. One option might be to off -set the buildings to create a more textured and interesting atmosphere with patios and mini -front yards as well as creating a common, usable area in the center of the project. CUP -00-01 l/PP-00-004 Heron Brook Townhomes Sub.CUP.PP.doc /",ON r 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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) YOUR COVOISE REMAR HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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) YOUR COVOISE REMAR 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE HUB OF TREASURE VALLEY SALLY NORTON, P/Z MAYO Robert D. Co 'e --- A Good Place to Live LEGAL DEPARTMENT THOMAS BARBEIRO, P/Z T CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL ME S _KEITH BORUP, P/Z PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT SEWER (208) 884-5533 • Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT _RICHARD HATCHER, PIZ ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) TAMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT YOUR CONCISE REMARKS:/o,ryr»r,L�S POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER'r _CITY PLANNER ..�� RECEIVED ` I~ E B - '+ 2000 FEB - 3 2000 M Fi.ERIt� - Meridian City Water SUPS ti0'3Jdd VVL0b88807- SS:9Z 00, b0 98d LEGAL DEPARTMENT (203) 253.2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 987-2211 - Fax 887.1297 PLANNING AND ZONING DEPARTMENT (203) 884.5533 • Fax SU -6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE _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) YOUR Cq.4CISE REMARKS: ILIF Eg - 4 2000 CITY ®F i WIW� HUO OF TREASURE VALLEY MAYOR Robert D, Corrie A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Kcith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Far (208) 887-451= Cherie McCandless City Clerk Office Fax (208) 388-42IS SS:9Z 00, b0 98d LEGAL DEPARTMENT (203) 253.2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 987-2211 - Fax 887.1297 PLANNING AND ZONING DEPARTMENT (203) 884.5533 • Fax SU -6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: PP -00-004 REQUEST: PRELIMINARY PLAT FOR 3.98 ACRES -40 LOT TOWNHOUSE PROJECT FOR PROPOSED BLUE HERON BROOK TOWNHOME SUBBDIVISION CURRENTLY ZONED R-40 BY: PINNACLE ENGINEERS, INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE _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) YOUR Cq.4CISE REMARKS: ILIF Eg - 4 2000 CITY ®F i WIW� C / 1 7 ILI t37 DEC t J4T'O 'DEVELOPMENT AGREEMENT_F THIS AGREEMENT, made and entered into this 21st day of November, 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest L.L.C., party of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West State Street, Boise, Idaho 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67- 6511 A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages. 3. That the property is zoned R-4, described in "Exhibit A", and shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and allow no duplex units, townhouses, or patio homes to be constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT 11/21/97 Page 2 the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the constriction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT 11/21/ 3 portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to constrict, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prune interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 4 further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall fust warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 5 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Faiwest Developers, Inc. Marty Goldsmith 4550 West State Street Boise, ID 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. tiy1�ttitn�t!!!e!� o SEAL ?� SCP DEVELOPER: FARWEST L.L.C. By: 2:2 lti �4Jnr., Name: M rty J. Goldsmith Title: President me: n Henderso Title: Secretary CITY OF MERIDIAN By. Ro ert D. Corrie, Mayor BY William G. Berg, Jr., City I 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) 1 ss. County of Ada ) On this A l day of fi ak , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty J. Goldsmith, and Ken Henderson, known and identified to me to be the President and Secretary, respectively, of the limited liability company that executed the instrument or the persons who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE VOF IDAHO ) ss. County of Ada ) Notary Public for Idaho Residing at Idaho Commission expires: 0-10 -` 9 On this �2day of 41eye,*d<l , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Corrie, and William G. Berg, Jr., known and identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed the instrument or the persons who executed the instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `'rrrrrrrrrrrrr�� •��G E L 0'T A � 's (SEAL) _ y 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 8 TO _ ^'= T'��J P. 0-1 CER11FICATE OF OWNERS KNOWN ALL MEN BY THESE PRESENTS: T'rIAT FARV'IEST DEVELOPERS, INC., AN IDAHO CORPORATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IDAHO, AND MARTY GOLDSMITH, AN INDIVIDUAL, DO HEREBY CERTIFY THAT THEY ARE THE OWNERS OF THE REAL PROPERTY AS DESCRIBED BELOW AND IT 15 THEIR INTENTION TO INCLUDE SAID REAL PROPERTY IN THIS SUBDIVISION PLAT. THE OWNERS ALSO HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH IDAHO CODE 50-1334 (2). ALL LOTS WITHIN THIS SUBDIVISION WILL RECEIVE DOMESTIC WATER FROM AN EXISTING WATER SYSTEM AND THE CITY OF MERIDIAN HAS AGREED IN WRITING TO SERVE ALL THE LOTS WITHIN THIS SUBDIVISION. POINT; THENCE A PARCEL OF LAND BEING A PORTION OF THE N 1/2 OF THE SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE 801SE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; POINT; BEGINNING AT A FOUND 1" SQUARE 13AR MARKING THE WEST 1/4 CORNER OF SECTION 20, TOW 4SHIP 3 NORTH, RANGE 1 EAST, B.M., THENCE N 89'55'41" E 1585.93 FEET TO THE INITIAL POINT OF TIIIS SUBDIVISION; THENCE THENCE N 89`55'41" E 1078.51 FEET TO THE CENTER 1/4 CORNET? OF SECTION 20; THENCE S 00'23'51" W 669.47 FEET TO A POINT; THENCE N 89'56'27" W 54.92 FEET TO A POINT; THENCE S 40'22'33" W 174.04 FEET TO A POINT; THENCE S 34'43'03" W 86.20 FEET TO A POINT; THENCE S 39'02'03" W 21.06 FEET TO A POINT; THENCE N 89'56'41" W 927.10 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF LOS ALAMITOS PARK SUBDIVISION 14 0. 2; E ALONG THE EAST BOUNDARY OF SAID SUBDIVISION THE FOLLOWING; THENCE N 00'04'00" W 167.59 FEET TO A POINT; THENCE S 8912'00" W 5.15 FEET TO A POINT; THENCE N 00'04'00" W 124.60 FEET TO A POINT; THENCE N 89'37'00" E 8.52 FEET TO A POINT; THENCE N 00'04'00" W 1,36.11 FEET TO A POINT; THENCE N 89'55'00" E 46.28 FEET TO A POINT; THENCE N 00'04'00" W 163.53 FEET TO A POINT; THENCE N 89'55'00" E 16.25 FEET TO A POINT; THENCE N 0116'00" E 131.60 FEET TO A POINT; THENCE N 89'55'00" E 15.38 FEET TO A POINT; T14ENCE N 00'05'00" W 163.44 FEET TO THE INITIAL POINT OF THIS SUBDIVISION, CONTAINING 22.20 ACRES, MORE OR LESS. LOT 10, BLOCK 9 IS HEREBY DEDICATED TO THE CITY OF MERIDIAN AND THE PUBLIC STREETS SHOWN ON THIS PLAT ARE HEREBY DEDICATED TO THE PUBLIC AND THE EASEMENTS INDICATED ON SAID PLAT ARE NOT DEDICATED TO THE PUBLIC, BUT THE RIGHT TO USE SAID EASEMENTS IS HEREBY RESERVED FOR PUBLIC UTILITIES AND FOR ANY OTHER USES AS DESIGNATED HEREON, AND NO PERMANENT STRUCTURES ARE TO BE ERECTED WITHIN THE LINES OF SAID EASEMENTS. o v hc--""6a I I f D BEFORE THE MERIDIAN CITY COUNCIL FARWEST DEVELOPERS ANNEXATION AND ZONING N 1/2 SW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 15, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Marty Goldsmith, appearing and the City Council having duly considered the matter, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is LOS ALAMITOS NO. 3 - FF/CL Ei Page 1 approximately 22.24 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Los Alamitos No. 1 and No. 2, which was previously annexed, is an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record are Gene A. Babbitt and Freda L. Babbitt who have consented to this Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the intended development of the property is for single family dwellings with a density of 2.6 dwelling units per acre; Applicant stated at LOS ALAMITOS NO. 3 - FF/CL Page 2 Li the Planning and Zoning Commission hearing that he had reviewed all of the comments of Planning Director, City Engineer, and the Ada County Highway District and that there was nothing that he disagreed with or would not be complying with; that he was applying for an R-4 zone which has a 1,400 square foot minimum house size; that Los Alamitos No. 1 had a 1,500 square foot minimum; that there would be a perimeter fence; that 1,500 square foot homes, as a minimum size would be fine with him. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City sewer; that there is a question in the mind of the City Engineer, regarding water service and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 12. That an irrigation canal, the Hunter Lateral, crosses the east end of this property with a south easterly to a northwesterly flow; that a previous developer applied for a variance from tiling this lateral which was denied. 13. That the testimony at the public hearing before the Planning and Zoning Commission was as follows: a. Karen Gallagher, of the Ada County Highway District testified during the Planning and Zoning hearing that the District had not yet finished their review of Los Alamitos No. 3; being discussed is just a minor detail of aligning with the stub street that LOS ALAMITOS NO. 3 - FF/CL A Page 3 has been approved to Sundance to the north and the other issue is a little more complicated and involves the stub street to the east which is currently tagged as the school site. At the hearing before the City Council, Karen Gallagher testified to the concern of the District regarding the stub street lot to the east that would continue over through the school property possibly to a bridge to the Highlands; that in discussions with the District's Commissioners the determination that they have made and the preliminary plat was that street would be cul-de- saced and that no bridge connection or no bridge would be made over the lateral at that location; that the Commissioner's did approve it as a cul-de- sac without a connection continuing on for a bridge connection to the Highlands Ranch. b. Shari Stiles, Meridian City Planning Director, testified at the Planning and Zoning hearing on June 13, 1995, concerned that there is no vehicle access between the two (2) sections of the properties and also none to the school; that the concern of access from the neighborhood to the school is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance; that there is really no point in not allowing inter -neighborhood vehicle access. C. Lydia Aguerre testified at the P & Z hearing, June 13, 1995, that she approves the R-4 annexation if the house sizes are going to be 1500 square feet; that her concern lies where the water will come from and getting an average priced home in there; that Ms. Aguerre gave additional testimony before the City Council; that she questions her water rights and some private well owners in the area and is the pressurized irrigation going to effect those whose wells are not as deep; and what about storm water management and where will the rains run off to? d. Ted Hanson testified before the Council asking about check valves being installed; that the water transferring back through Goldsmiths pressurized line from his wells and whether this would contaminate the ground water of the private wells; also that his concern that his well is only allowed to pump a certain amount of water to irrigate and you can't draw more water than permitted and will LOS ALAMITOS NO. 3 - FF/CL I Page 4 the State Water Quality Control check the valves on this well. e. John Shipley testified at the June 13, 1995 P & Z hearing with regards to pressurized irrigation and stated that this question came up in December 1993 and that Mr. Goldsmith was a bit perturbed about pressurized irrigation system and why was the City making him do this and the conversation moved to surface water pressurized irrigation; that Mr. Shipley is concerned what the City will do about using well water for pressurized irrigation since it was stated in the meeting that Mr. Goldsmith was to use surface water; that Mr. Shipley's other concern is with all the trash that blows out of the subdivision and collects against the fence lines and in the irrigation ditch causing delays because of clean up time. Mr. Shipley testified during the City Council's hearing, adding to his previous testimony, that the developer was told initially to use surface water for irrigation, that the well house sits in the middle of a cul-de-sac; that he is concerned with all the other subdivisions going on that they are not putting water back in the ground from surface water; that eventually this water will not get back into the ground because of the houses going in, taking up a place for water to soak and replenish the surface water. f. That at the Planning and Zoning hearing, Mr. Stoppello, owner of approximately thirteen (13) acres of land lying south of the Los Alamitos Park Subdivision and north of the Gem Park II Partnership land, submitted a letter stating that he is not opposed to the development but has a certain number of concerns, namely: I. He would like to see this sewer access maintained for the future development of his thirteen (13) acres; 2. He would like to make sure the street alignments of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with his land prior to approval of their applications to not only insure compliance with ACHD, but provide for utility access for all development and; LOS ALAMITOS NO. 3 - FF/CL Page 5 3. That he is in favor of maintaining R-4 standards. g. That Jim Lee testified before the Council asking whether of not Water Resource can come out and check the well more frequently. 14. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, Ada County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 15. That the Meridian City Engineer specifically commented as follows: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems shall be removed from their domestic service per city Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; C. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. That water service to this development is contingent upon positive results from a hydraulic analysis by computer model; e. That a determination of ground water level and subsurface soil conditions should be made. LOS ALAMITOS NO. 3 - FF/CL Page 6 f. Applicant will be responsible to construct the sewer mains to and through this proposed development via the existing mains installed in prior phases of this development; manholes shall be provided to keep the lines on the south and west side of the centerline; g. Applicant will be responsible to construct the water mains to and through this proposed development via existing mains installed in prior phases of this development; that the well proposed to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 16. That Shari Stiles, Planning and Zoning Administrator specifically commented stating as follows: a. That any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605; that regardless of ownership, the developer will be required to tile the Hunter Lateral unless a variance application is submitted and approved by the City Council; b. That any existing domestic wells and/or septic systems within this project shall be removed from their domestic service except that the wells be used for non-domestic purposes such as landscape irrigation, per City Ordinance; C. That perimeter fencing is to be in place prior to obtaining building permits for housing; d. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.1.; e. That the Applicant is to enter into a development agreement as authorized by 11-2-416.L. and 11-2- 417.D.; that the Development Agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan; f. That the Applicant indicates a minimum house size of 1,400 square feet; that Phase 1 development agreement and restrictive covenants require a minimum house size of 1,500 square feet; LOS ALAMITOS NO. 3 - FF/CL Page 7 g. That the Comprehensive Plan indicates that a school and park site is needed in this section; that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 17. That the Ada County Highway District submitted site specific comments that include a revised preliminary plat be submitted to include the following changes: a. Align Scaup Street with the approved stub street in Sundance Subdivision to the north; b. Cul-de-sac Cygnet Drive at its ease end since the site's east boundary abuts the future school site; C. Terminate Cygnet Drive in a cul-de-sac to avoid substandard angles at the intersection with Easy Jet Drive and; d. Shift the stub street to the south property line to the west. 18. The Meridian School District submitted comments in prior annexations in this area, that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non - LOS ALAMITOS NO. 3 - FF/CL E Page 8 (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That the Applicant has indicated that it would donate land to the City of Meridian and Joint School District No. 2, the LOS ALAMITOS NO. 3 - FF/CL Page 12 ki Meridian School District which land is adjacent to this subdivision and is, or will, be owned by Applicant; that Shari Stiles commented above that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were 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 annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. LOS ALAMITOS NO. 3 - FF/CL Page 13 4 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District except as changed herein, Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, LOS ALAMITOS NO. 3 - FF/CL Page 14 I and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways, including the Hunter Lateral, shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning Director, Shari Stiles; that if the land has surface water rights, those rights should be used for pressurized irrigation, and that since Applicant is now using well water from one well for pressurized irrigation in prior phases of this subdivision, and for Salmon Rapids Subdivision, it shall monitor its well, its use and water level, to ascertain the impact of its use of well water for pressurized irrigation on wells located on adjacent property; that Applicant shall obtain approval from the City for all equipment, method and means to perform the well monitoring; that the monitoring shall be performed bi-weekly during the months of April, May, June, July, August, September and October; that Applicant shall approach adjacent land owners to LOS ALAMITOS NO. 3 - FF/CL Page 15 A obtain permission to monitor their wells on the same bi-weekly schedule; that two such adjacent well shall be monitored; if permission cannot be obtained Applicant shall not be required to monitor adjacent wells; that this monitoring of the wells shall go on until wells are no loner used for pressurized irrigation and shall also be addressed in the Development Agreement; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that, as commented on by the Planning Director, evidence of transfer of school site property must be given prior to obtaining building permits for housing; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size requirements for the R-4 district may be increased as a condition of annexation and therefore the R-4 requirement of 1,400 square feet shall be exceeded so that the minimum house size shall be 1,500 square feet. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners and the school site, to be located in the area, will have to be worked out and included in the development agreement including a bridge and road over the Ridenbaugh Canal, or the property will not be annexed or, if LOS ALAMITOS NO. 3 - FF/CL Page 16 E annexed, it will be de -annexed; that the bridge and road over the Ridenbaugh Canal will or may have to be done in conjunction with the owner and developer of the land now being developed as the Highlands Ranch. 16. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,500 square foot minimum sized houses, would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. 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: COUNCILMAN MORROW VOTED —6Jt1:1k. COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION AND RECOM ONDATION LOS ALAMITOS NO. 3 - FF/CL Page 17 a f The City Council of the City of Meridian hereby recommends approval of the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including that the minimum house size shall be 1,500 square feet, that Applicant shall construct a bridge and road which crosses the Ridenbaugh Canal, that surface water be used for pressurized irrigation if possible, that Applicant shall meet the provisions of the Conclusions regarding monitoring of well, evidence of transfer of school site property must be given prior to obtaining building permits for housing, and that the Applicant and owners be specifically required to tile all ditches, canals and waterways, specifically including the Hunter Lateral, as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: LOS ALAMITOS NO. 3 - FF/CL Page 18 I residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 20. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 21. That the land is adjacent to the land annexed and being developed as Los Alamitos No. 1 & 2, which is now in the process of development. 22. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service LOS ALAMITOS NO. 3 - FF/CL 0 Page 9 Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 25. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses, apartments, condominiums." 111.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 26. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those LOS ALAMITOS NO. 3 - FF/CL Page 10 4 moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community LOS ALAMITOS NO. 3 - FF/CL Page 11 11 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 05-05-00 IN THE MATTER OF THE ) Case No. PP -00-004 REQUEST FOR PRELIMINARY ) PLAT FOR HERON BROOD ) FINDINGS OF FACT AND TOWNHOMES SUBDIVISION ) CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL BY PINNACLE ENGINEERS, ) APPROVAL OF PRELIMINARY INC. ) PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 2, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Bob Unger of Pinnacle Engineers, Inc., appeared and testified, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins -Clark, Assistant Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat at the May 2, 2000, City Council meeting, and the "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DKG, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - I TOWNHOMES SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned High Density Residential (R-40), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 2 requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DKG, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK TOWNHOMES SUBDIVISION." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing DATE: 12/14/99, REVISED: 03/14/00 City of Meridian, 03/22/00 City of Meridian, 04/27/00 Client, Drawn By: DKG, CHECKED BY: J. CARPENDER, P.E., PROJECT NO. C996218, SHEET 1 CU -1, PINNACLE ENGINEERS, INC., Developer, for HERON BROOK TOWNHOMES SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Applicant shall make any corrections necessary to conform. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 4 Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.4 Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant shall be responsible to construct the sewer mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.5 Water service to this site shall be via extensions from the existing 10 inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant shall be responsible to construct the water mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.6 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.7 Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 5 2.8 A final detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, and all proposed ground cover/treatment. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. The concept landscaping shown on the preliminary plat is acknowledged and approved with the additions and changes noted under Site Specific Comments. 2.9 Applicant shall be required to dedicate all right-of-way along Meridian Road and Blue Heron as required by ACHD prior to the issuance of any building permits. 2.10 The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ± 1.0 feet below existing ground surface. With this shallow depth, it is highly unlikely that a sub- surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum 3 -feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 2.11 Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least 3 -feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least 1 -foot above the high ground water. 2.12 The back -of -curb to back -of -curb common lot driveway width interior to the project is 25 feet, and this is questionable as an adequate width for turning radii, especially at the turnaround at the west end of the driveway in front of lots 2 and 3. If the two parking stalls across from lots 2 and 3 are occupied, it would severely restrict emergency vehicle turnaround, and this should be designed as a knuckle turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 6 Adopt the Recommendations of the Fire Department as follows: 2.13 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.14 Lot 25 has no access for fire department when a clubhouse is built. Adopt the Recommendations of the Central District Health Department as follows: 2.15 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.16 Run-off is not to create a mosquito breeding problem. 2.17 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.18 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: 2.19 Sanitary services has no objection to this preliminary plat. Each unit shall have its own trash cans rather than a common dumpster. Adopt the Recommendations of the Ada County Highway District as follows: 2.20 Dedicate 48 -feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.21 Dedicate 15 -feet of right-of-way from the northern edge of right-of-way of Blue Heron Lane abutting the parcel by means of recordation of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 7 final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because Blue Heron Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 2.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.23 Improve Blue Heron Lane abutting the site as one half of a 36 -foot street sections plus 12 -feet of additional pavement with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. 2.24 Provide a paved temporary turnaround at the end of Blue Heron Lane with a temporary easement provided to the District. Coordinate the easement and design of the temporary turnaround with District staff. 2.25 Locate two 30 -foot wide curb return driveways with 15 -foot curb radii off Blue Heron Lane approximately 120 -feet and 500 -feet east of Meridian Road. Pave the driveways a minimum of 30 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Blue Heron Lane. 2.26 Provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public street prior to final plat approval. 2.27 Replace the unused curb cut on Meridian Road. located approximately 130 -feet north of Blue Heron Lane, with standard curb, gutter and 5 - foot wide concrete sidewalk to match existing improvements. 2.28 As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 2.29 No access points to Meridian Road have been proposed and none are approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 8 2.30 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of this property, and the recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facility. By action of the City Council at its regular meeting held on the day of .2000. By: ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. as City Clerk Dated: msg/zAWork\M\Meridian 15360M\-feron Brook CUP and PP\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PINNACLE ENGINEERS, INC., HERON BROOK TOWNHOMES SUBDIVISION (PP -00-004) - 9 SUbvIVISION EVALUATION bHEET Proposed Development Name Blue Heron Brook Townhome Sub File # PP -00-004 Date Reviewed 2/10/00 Preliminary Stage XX Fin Engineer/Developer Pinnacle Engineers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: "N. MERIDIAN RD.", "E. BLUE HERON LANE" "W. CHESTERFIELD DR." W. WATERBURY DR." "W. WOODBURY DR." and "E. WOODBURY DR." 1, Please chooseystreet name,*for this development �•� E . WaAe( buryT)a W I I 1 b-� ) Sed. �r kh Eask lwe_4 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 COMMIT T E, GENCY;RE RESENTATIVES OR DESIGNEES Ada County Engineer John Priest Date Community Planning Assoc. Sue Hanse Date Z City of Meridian Cheryl Sable Date V& 2 aub Meridian Fire District Representative ate - /0 U U 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 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS 4�� /� j2( jj;,��p�� l/„ �� 7�6 TMSUMSM_CITY.FRM % 7�` ** TX CONFIRM, JN REPORT ** DATE TIME TO/FROM 09 05/16 11:20 208 466 4405 AS OF MAY 16 '00 11:24 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 03'47" 011 103 OK MAYOR HUR OF TREASURE VAI IF,Y Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN `206' 288-2499 . 288-3501 Ron Andcrson 33 EAST IDAHO PUBLIC WOROR KS BUILDING DFPARI'MENT Kcith Dird MERIDIAN, IDAHO 83642 (208) SS7.2211 • Fax 887-1291 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clcrk Office Fax (208) 888.4218 DEPARTMCNT (208) 884-5533 • Fax 688.6854 FACSIMILE COVER SHEET TO FAX NUMBER:—"4 .R"4 - ' ¢Ya DATE. DELIVER TO: 1d�/l TITLE /DEPARTMENT.' ADDRESS: CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET-- l� FROM: CITY OF MERIDIAN - FAX NUMBER (208) 888-4218 NAME: Gvi/l 13eF TITLE/ DEPARTMENT.- ell COMMENTS:'-�'�4° oC a c y ovt n-�her jr, nJ2 vi e w•- �l,rv� � -� �e .lei +�,r amu- �Q � PLEASE CALL (208) 888-4433 IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 FACSIMILE COVER SHEET TO FAX NUMBER: 44� - ¢105 - DATE: �6 pa DELIVER TO: /S/-// 't/ Ck TITLE /DEPARTMENT. - ADDRESS: CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: FROM: CITY OF MERIDIAN - FAX NUMBER (208) 888-4218 NAME: �zlill l3eh v TITLE /DEPARTMENT. COMMENTS: `.ff G�° Gy� dti. 13c'6 / l itt cc /-t� � n � - //e rely a, PLEASE CALL (208) 888-4433 IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. '_t11NNACL RcL-CEIVED MAY 0 9 2000 - Engineers , Inc . city o meridian City Clerk Office TO:. Shari Stiles, Planning Director Meridian Planning & Zoning 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: May 2,200Q RE: Heron Brook Townhomes Subdivision Dear Shari: I have reviewed the Planning & Zoning Recommendation to the City Council and offer the following comments and clarifications: We have reduced the number of lots to 38 which should be reflected in the title instead of 40 lots. CONDITIONAL USE RECOMMENDATION 1.1 Although we have not requested a variance from tiling all ditches, it is understood that the Jackson Drain is to be left open as an amentity as per staff's request. 1.2 We concur. 1.3 We have provided 82 parking spaces 76 are required for 38 dwellings. 1.4. We concur. - 1.5 We concur. 1.6 We concur. " 1.7 We concur. - 1.8 We .concur. 1.9 We concur. 1.10 This project is intended as a 55+ senior community and was clarified during the hearing and reflected in our revised CC&Rs. 1.11 We concur. 1.12 The total open space contained within 3 lots of the development totals 57,512 sq. ft. After removing the 35' Meridian Road landscape strip (12,110 sq. ft.) & the 20' Blue Heron Lane landscape strip (17,3000 sq. ft.), the net common open space provided is 28,102 sq. ft. which 16.2 % of 3.98 acres. 1.13 Please note that the Commission approved a 0' front yard setback for the carports and a 20' front yard setback for the dwellings. In addition, although not 870 NORTH LINDER SUITE B MERIDIAN. IDAHO 83642 (208) 887-7760 - FAX (208) 887-7781 specifically addressed by the Commission, our rear yard setbacks generally reflect a 5' setback., We widened the street from 25' to 30' as recommended and agree to place "No Parking" signs through out the project to prevent an on street parking. We do request that the recommendation for painting the curbs red be removed due to the continued maintenance of chipping, peeling, and repainting. We believe that our Homeowner Association will be diligent in enforcement of the "No Parking" zones and would prefer this over the red curbs. 1.14 Since this project is not a duplex project, the standards for garages as sited by staff is not applicable and as such we have not requested a waiver of the garage requirement. We have provided carports for each unit and have modified the plan to incorporate some garages on the 2 story units. 1.15 We concur. 1.16. We concur. _ -.1.17 We concur. 1.18 We_have provided a maintenance shed on the clubhouse lot. 1.19 Since we just received these final recommendations, revised plans are now being provided. 1.20 Shown on revised plan. 1.21 We have provided 5 building layouts with elevations for review by staff. There will be minor design-,options provided to each purchaser but will not change the exterior appearance of the project. _ 1.22 We concur. 2.1 We concur. - 2.2 We concur: 3 3.1 We concur. 4 4.1 We concur. 4.2 We concur. \ 4.3 We concur. 4.4 We concur. PRELMINARY PLAT RECOMNMNDATIONS 1 _ 1.1 We concur. 1.2 We concur. 1.3 We concur. 1.4 We concur. - 1.5 We concur. 1:6 ' We concur. 1.7; We concur.,_ 1.8 We concur. - - 11 1.9 We concur. 1.10 We will comply with the City's requirements. 1.11 We' concur. 1.12 As per the Commission's, recommendation on the CUP we have redesigned the driveways to 30' .back -of -curb to back -of --curb. In addition, we have reviewed the.. - west end of the driveway with Fire,Chief Kenny Bowers who informed us that as - long as_ we are not more than 150'. from the intersection of the north/south driveway, we would not be required to provide a : turnaround - for emergency vehicles: 2.1 We concur. 2.2 An emergency turnaround is being provided at the entrance and driveway of the clubhouse lot. In addition, we anticipate the installation of a -fire hydrant in the clubhouse lot area. We will do what ever is required by the fire department. 3 3.1 We concur. 3.2-, `We concur. 3.3 We concur. , 3.4-,, We concur. 4 - 4.1 We have provided for dumpsters in two locations with the development. We will coordinate locations with Public Works. Meridian City Council Meeting May 2, 2000 Page 22 Anderson: It hasn't been seconded. Bird: I'll second it. Corrie: I'm sorry. I thought you said you'd second it. Okay. McCandless: Mr. Mayor, I would like to add to that motion, too, that we incorporate the staff's recommendations in this motion. Bird: Second that. Corrie: Motion's been made and seconded to approve the request for annexation and have the attorney draw up the Findings of Facts and Conclusions of Law and proper Order and incorporate the comments of the staff. Any further comments? Okay. Hearing none, City Clerk, roll -call vote, please. Roll -call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 4. Public Hearing: PP 00-004 Request for Preliminary Plat for 40 building lots on 3.98 acres in an R-40 zone for proposed Heron Brook Townhome Subdivision by Pinnacle Engineers, Inc. — northeast corner of Meridian Road and Blue Heron Lane: Corrie: Item No. 4 is a public hearing, PP 00-004, request for preliminary plat for 50 building lots on 3.98 acres in an R-40 zone for proposed Heron Brook Townhouse Subdivision by Pinnacle Engineers, Inc., northwest corner of Meridian Road and Blue Heron Lane. At this time I'll open the public hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this property was rezoned several years ago to an R-40. They had proposed apartments at that time. There had been several people come in and look at the file regarding the approvals; although, there was a plan approved, once all the conditions of approval were met, it was impossible to meet to construct the plan as was shown on their previous plan. The applicant is now proposing to come in with townhomes. They're proposing, I believe, it's down to 38 buildable lots. 39? 36. Okay. Excuse me. Thirty-six buildable lots now. They have brought in a revised plan tonight, and the applicant states that he will comply with all of the conditions as recommended by the Planning and Zoning Commission. Some pictures of the project they have approved — Planning and Zoning Commission has recommended a zero setback on the carports. They will not have garages in the subdivision. They are proposing a pathway alongside the Jackson Drain. On the north side — this is the Jackson Drain that runs down on the northern boundary here. On the other side of the Jackson Drain is where the City owns property known as the Fothergill Meridian City Council Meeting May 2, 2000 Page 23 Subdivision along that Jackson stub drain, and the City owns and maintains that side. So they will be providing another pathway on this southern boundary of the subdivision. Corrie: This is a public hearing. I'll invite the representative for the preliminary plat on Heron Brook Subdivision. Unger: Good evening, Mr. Mayor and Council members. My name is Bob Unger with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B, Meridian, Idaho. We representative Lynn Helen and Glenn Henders who are the developers of the property. Staff ahs done a pretty good job of reviewing the application and the project itself. Let me state right up front if we could, we could incorporate my testimony on the preliminary plat and also for the CUP so I don't have to do this twice, if that's all right. We have made some modifications to the project based upon Planning and Zoning Commission's recommendations on the CUP. As such, we've incorporated those into the preliminary plat also. Let me give you an appropriate breakdown of lots since we have made some changes. We have three common lots, open -space lots. One of those is surrounding the entire project. Then we have a common lot here and also one in this area here. So we have three common lots open -space type lots. We have another lot which is the driveway for the project. So we actually have 40 lots; 36 of those lots are buildable. Thirty-five are townhouses, and the 36 is the clubhouse lot. So I just wanted to clarify that. There was a question to that, so we just wanted to get that straightened out. We are providing pressurized irrigation through Nampa meridian. We are making improvements to Blue Heron Lane. In fact, we're putting in curb, gutter and sidewalk plus 30 feet of pavement. We are dedicating an additional 18 feet of right-of-way to the Highway District for a future widening of Meridian Road if that ever takes place. At the request of the Planning and Zoning Commission and part of the recommendation is that we enter into a maintenance agreement of that 18 -foot strip so that we can landscape that with grass and enter into that maintenance agreement with the Highway District for that 18 -foot strip. We are providing a 35 -foot landscape strip as required by City Code and Planning and Zoning Commission and also 20 -foot landscape strip and buffer along Blue Heron Lane. Just a point of clarification. I know that City Code requires that all ditches be tiled. In this particular case, we have the Jackson Drain here, and it is being used by the City as an amenity by their trail system on the north side. We are also requesting that we not have to tile that. Staff has said that they don't want it tiled, so we are providing a path on the south side so we can also use the Jackson Drain as an amenity. We will be fencing the project along these two areas here leaving this back area open in that it is a very nice amenity. I'm going through the recommendations. I hope you folks got a copy of the letter, I see you did, which was hastily put together. We are providing 82 parking spaces; 76 is the required number, so we exceed that. The project is intended to be a 55 -and -over senior community. We clarified that with Planning and Zoning Commission hearing, and also it is reflected in our revised CC & Rs which we have provided a copy to the staff. As far as our open space Meridian City Council Meeting May 2, 2000 Page 24 requirement of a minimum of 10 percent in a planned -unit development, there was some concern there as to whether we'd provided calculations. In this letter have provided the appropriate calculations. We have a total of 57,512 s.f. of open space. If we remove the landscape strip along Meridian and we also remove the landscape strip along Blue Heron Lane, we end up with a net square footage of 28,102 s.f. which is 16.2 percent of the 3.98 acres that we have. So we still do comply with the planned development requirements for open space. I did note in here the correction from the Planning and Zoning Commission on the setbacks. They did provide or allow for zero setbacks on the carport and 20 feet for the actual dwellings. We're fine with that. Something they did not specifically address but had been shown on the preliminary plat and on the Conditional Use Permit is the rear setback. We've always reflected approximately five-foot setback in the rears. Some of them are four. We would ask that be included in your approval this evening. In conjunction with the Planning and Zoning Commission's recommendation for the zero setbacks and the modifications of the setbacks, they required that we widen our driveway from 25 feet to 30 feet, that's back of curb to back of curb. We revised our plat and conditional use plan to reflect that; we had no problem with it. They also required that we have no - parking signs and also paint the curbs red. We don't have a problem putting in the parking signs. We with that (inaudible) there isn't any room for anybody to park on the drives without blocking somebody's driveway. So, certainly, we concur with that. We do have a little bit of an issue painting all the curbs all red because there is a continued maintenance problem there, and to be honest with you, it doesn't look very good. So we would ask you consider that in your motion this evening. Certainly the Homeowners Association, I'm sure, can be very diligent about people parking on the drive. As far as the requirement for garages, we are providing carports; they are open. Our modified plan does reflect some garages. We have a couple of two-story units in this area that would have two - car garages. We have a unit in this area that we have a two -car garage, we also have a unit here that would have a one -car garage and also over on this lot. The Planning and Zoning Commission felt that was sufficient, that the carports were sufficient, and did not have an issue with that. It was also brought up that they would like to see us provide a storage shed for any kind of maintenance tools, et cetera, and although the project, the maintenance of the grounds and everything will be contracted out with a professional landscaping company, we thought that the concerns that there was a concern about a storage shed was a valid concern. So in our conditional use plan, this was a clubhouse lot is, we have provided a maintenance shed right here in this corner here. It's all on here, and I could stand here and show it to you, but I think you folks get the gist of it that we are working to comply with all of the requirements. We have provided elevations and floor plans for approximately five different layouts for the project. We will be pretty much staying with those; there will be some interior type options provided for prospective buyers, but the general appearance of the buildings in the entire project will not be changed by any of those options that we would be offering. That was the deal on the Conditional Use recommendations, and if I could, I'll just hit the Planned developments. They were pretty short, same type issues, go Meridian City Council Meeting May 2, 2000 Page 25 ahead and provide a 30 -foot wide back of curb to back of curb drive throughout the project. An issue that although I don't have anything in writing, and I don't see Kenny Bowers here this evening, but when we initially started this project, we initially discussed an emergency turn -around right there. The staff felt that we would need one. We met with Kenny Bowers on that, and Kenny said if the distance from this intersection to the end of the drive there was 150 feet or less, that he would not require an emergency turn -around. We are less than 150 feet. If, in fact, there's a change in that, then we'd have to make some modifications in that to comply, but we will comply with any and all fire requirements. Something else that was brought up was access to the clubhouse once it's built, how would the Fire Department gain access to fight a fire there? I'm going to have to show you (inaudible) — this is the clubhouse lot right here. We have an entrance into the clubhouse providing parking and a parking area, etcetera in here, and through ACHD — ACHD wanted us to provide a turn -around on Blue Heron way down here off of our property totally. We discussed that with them, we negotiated with them. We agreed to put an emergency turn -around, and that was their idea — we agreed to put in an easement right here for emergency turn- around sufficient size for emergency turn -around. ACHD has agreed to that. As such, that would provide excellent access for the Fire Department. We would also be providing a fire hydrant somewhere in this area right here. As such, there really shouldn't be any issues of us being able to provide fire protection for the clubhouse. We, once again, would do whatever is required by the Fire Department to gain whatever access they feel they need. So we'll work with them; we always do. We are not proposing individual garbage pickup. We will be providing dumpsters. We have one to be located in this area and also another to be located in this area which is pretty good location for all of the property owners to use. So we would not be proposing individual pickup. It would be through the dumpsters. We will work with the — *** End of Side 2 *** -- I believe that pretty much covers the issues, and if you have any questions, I will be more than happy to answer them. Anderson: I just had a couple quick questions on that pathway along the Jackson Drain. Is that going to be paved or graveled? Unger: It will be a paved pathway. We're proposing six-foot paved pathway. Anderson: Would it have any landscaping around it? Unger: It would be all — we will be providing grass all along this area here and down to the bank of the Jackson drainage. We cannot provide any trees because there is a 40 -foot easement, Nampa Meridian easement, and they will not allow us to put any trees in there, so we did not propose any trees. Certainly we are (inaudible) once again, we are proposing trees all along this area, berm, .w. Meridian City Council Meeting May 2, 2000 Page 26 trees, fencing. Along here it would just be grass. There's no way that we can get Nampa Meridian to approve anything but — I'm sure you're all familiar with Overland Mini Storage. So you know where I'm coming from on that. Which, by the way, we got them to approve that today. Anderson: One other question. Blue Heron, is that paved or is it going to be paved? Unger: Blue Heron is currently gravel. We are required to put in curb, gutter and sidewalk on our side, and pave half of the 36 plus 12 which is — we're paving 30 feet. Anderson: How far down are you going to pave? To the clubhouse? Unger: We're going all the way down to the corner of our property which is right here which is where there's a — not a real bridge, but a crossing right there of the Jackson Drain. Any future development to the south would be required to pick up the other side of the paving of the curb, gutter and sidewalk. Thank you. Corrie: Any other questions? Thank you, Bob. Unger: Thank you. Corrie: Anyone else from the public that would like to issue testimony on the request for preliminary plat? If none, I'll entertain a motion from Council. Bird: Mr. Mayor, I move that we close the public hearing. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion? Questions? Bird: I have none. deWeerd: Mr. Mayor, just a comment. This application has gone through some transformation, and I appreciate the fact that the applicant and staff worked well together and got the recommendations from P & Z straightened out. It looks good. I guess with that, Mr. Mayor, I will move that we ask the City Attorney to prepare Findings of Facts and Conclusions of Law and Decision of Order on approving the preliminary plat of 3.98 acres for 40 -lot townhouse project proposed by Heron Brook Townhome Subdivision. Meridian City Council Meeting May 2, 2000 Page 27 Bird: Second. Corrie: Motion is made and seconded to approve the recommendation — deWeerd: Mr. Mayor, just to add to that, include all staff comments, the response by Pinnacle Engineers, and to clarify that there are 36 buildable lots with 35 townhouse, one clubhouse, and to remove the requirement of painting the curbs. Bird: Second. Corrie: Okay. Motion made and seconded. Any further discussion? I would — one question I had. Is that — on the painting of the curb, is that in the Conditional Use Permit? It's not in annexation. Okay. Not the preliminary plat. But you're going to put it in this one? deWeerd: You bet. Corrie: Okay. All right. Any further discussion? Roll -call vote, Mr. Clerk Roll -call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 5. Public Hearing: CUP 00-011 Request for Conditional Use Permit for a 40 -lot townhome development in an R-40 zone for proposed Heron Brook Townhome Subdivision by Pinnacle Engineers, Inc. — northeast corner of Meridian Road and Blue Heron Lane: Corrie: Now I'll have the public hearing for request for Conditional Use Permit for — actually, it's going to be a 38 -lot townhome development in an R-40 zone for proposed Heron Brook Townhome Subdivision by Pinnacle Engineers. At this time I'll open the public hearing and have staff comments first. Stiles: Mr. Mayor and Council, again, this is for property that was annexed, I believe, in late '93 or '94. Just a point of interest. This was originally approved for 66 apartment units with 108 parking spaces. So they have made a significant reduction in the density there, and I would like to thank the applicant and his representative for working with our staff and providing what we hope is a very fine addition to this area. Corrie: Okay. Thank you. At this time I'll invite Bob back if he'd like to come back, or he can tell us to incorporate his remarks. He did that? Okay. I'm sorry. Thank you very much. Is there anyone else in the public that would like to issue March 11, 2000 PP 00-004 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Pinnacle Engineers ITEM NO. If REQUEST Preliminary Plat for 3.98 acres - 40 -lot townhouse project for proposed Blue Heron Brook Townhome Sub in an R-4 zone - NE corner of Meridian Road and Blue Heron Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Materials presented at public meetings shall become property of the City of Meridian. -7S j PcErv%D MAY 10 2000 i n t e r o f f ice CffY of MERIDIAN MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichol 0 Subject: Heron Brook Townhomes Subdivision By: Pinnacle Engineers, Inc.. File: PP -00-004 Date: May 5, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their May 2, 2000 meeting. The Findings will be on the Council's agenda for May 16, 2000 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ZAWork\MVMeridian 15360M\Heron Brook CUP and PP\Berg042I00.Mem RECEIVED City of Meridian, Idaho JUN 2 3 1994 Attn: Shari Stiles, Planning Director 33 E. Idaho Ave. CITY OF MERIDIAN Meridian, Id. 83642 June 24, 1994 Subject: The Annexation and Zoning of the "Thomas/Wurst Properties" Dear, Ms. Stiles: The property owners of the three parcels of ground #'s 51117438620, S1117438675, and 51117438450 have reviewed the findings of fact and conclusions of law concerning the annexation and zoning of their properties. Upon review of all facts we the property owners concur with the city "that in this area a Commercial use would be more appropriate than the requested R-15 Proposed use". Thus, the property owners desire annexation of parcel numbers S1117438620, S 117438675, and S1117438450 with the zoning request of C -G. 5inc ely, R ald G. Thomas Jamie A. Thomas ;ustees of the Ronald G. Thomas F mily Trust am�!�eA. Thomas, Trustee of the Dorothy A. Wurst Trust On this -Z day ofW 1994 before me the undersigned, Notary Public for said tate personally appeared Ronald G. Thomas and Jamie A. Thomas known or identified to me to be the persons whose names are subscribed to the within instrument as the trustees of the -Ronald G. Thomas Family Trust, and acknowledge to me that they executed the same s such tr tees. NotaKy Pub 'c fo the State of Idaho Residing _at:r? Commission Expires 19 On this day of�! , 1994 before me the undersigned, Notary Public for said State personally appeared Jamie A. Thomas known or identified to me to be the person whose name is subscribed to the within instrument as the Trustee of the Dorothy A. Wurst Family Trust dated March 11, 1993 and acknowledge to me that she executed the same as such tr tee. Notary blic or the State of Idaho Residing, at-:_ ,1L1i&e Commission Expires_ 9 TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 September 1, 2000 City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Attn: Mayor Robert Corrie RE: Project No. CM -0100(114), Five Mile Creek Pathway, Meridian, Key No. 5729 Dear Mayor Corrie: Enclosed is one signed, original State/Local agreement (Construction) for the subject project for the City of Meridian's files. The other signed, original agreement is maintained in ITD's District Three files. Should any questions arise concerning this agreement, please contact me at 334-8324. Sincerely, BRUCE MacEWAN, P.E. Project Manager - An Equal Opportunity Employer - STATE/LOCAL AGREEMENT (CONSTRUCTION) CM -0100(114) FIVE MILE CREEK PATHWAY, MERIDYER&OADWAY DESIGN ADA COUNTY KEY NO. 5729 REGISTER NO.- PARTIES O. PARTIES THI AGREEMENT is made and entered into this / sl day of -.14, ?006) , by and between the IDAHO TRANSPORTA ION DEPARTMENT, hereafter called the STATE and the CITY OF MERIDIAN, acting by and through its Mayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program a project for federal participation in the costs of constructing Five Mile Creek Pathway, Meridian, to consist of a bicycle/pedestrian pathway along Five Mile Creek from Meridian to Linder, which has been designated as Project No. CM -0100(114). This agreement sets out the responsibilities of the parties in the construction and maintenance of the project. The Parties agree as follows: SECTION I. 1. This Agreement is entered into for the purpose of complying with certain provisions of the Federal -Aid Highway Act in obtaining federal participation in the construction of the project. 2. Federal participation in the costs of the project will be governed by the applicable sections of Title _23, U.S. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration. SECTION II. That the STATE will: 1. Not guarantee that federal funds herein sought are available or will be made available. In the event federal funds are unavailable, this Agreement is void. 2. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of construction costs. 3. Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the SPONSOR thereof. , 4. Award a contract for construction of the project, based on the successful low bid, if it does not exceed the STATE'S estimate of cost of construction by more than ten (10) percent. 5. Obtain concurrence of the SPONSOR before awarding the contract if the SPONSOR'S share of the low bid amount exceeds the amount set forth in Section III, Paragraph 1 by more than ten (10) percent. 6. Provide to the SPONSOR sufficient copies of the Contract Proposal, Notice to Contractors, and approved construction plans. 7. Designate a resident engineer and other personnel, as the STATE deems necessary, to supervise and inspect construction in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders, and submit all change orders to the SPONSOR for their concurrence. If the SPONSOR'S share of any change order exceeds $1,000.00, the STATE will submit a statement to the SPONSOR indicating the amount owed by the SPONSOR. 8. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 9. Upon completion of the project, after all costs have been accumulated and the final voucher paid by the Federal Highway Administration, provide a statement to the SPONSOR summarizing the estimated and actual costs, indicating an adjustment for or against the SPONSOR. Any excess funds transmitted by the SPONSOR and not required for the project will be returned. 10. Indemnify, save harmless and defend regardless of outcome the SPONSOR from the expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the STATE in the construction of the work which is the subject of this Agreement. SECTION III. That the SPONSOR will: 1. Pay to the STATE before the advertisement for bids, the amount of ONE HUNDRED ELEVEN THOUSAND AND NO HUNDREDTHS DOLLARS ($111,000.00), which is the SPONSOR'S estimated share of the cost for construction plus preliminary and construction engineering by the STATE, and after deducting credit for the SPONSOR'S previous deposit of $2,000.00 as applies to Preliminary Engineering. The actual cost to the SPONSOR will be determined from the total quantities obtained by measurement plus the actual cost of engineering and contingencies required to complete the work. 2. Upon approval of the lowest qualified bid received, if the SPONSOR'S share exceeds the amount set forth in Section III, Paragraph 1, transmit to the STATE the SPONSOR's portion of such excess cost. 3. Authorize the STATE to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. Prior approval of the SPONSOR will be obtained if it is necessary, during the life of the construction contract, to deviate from the plans and specifications to such a degree that the costs will be increased or the nature of the completed work will be significantly changed. 4. The SPONSOR will designate an authorized representative to act on the SPONSOR'S behalf regarding action on change orders. That authorized representative's name is --Io, XJ� n t-7-- , GrIC S -,NA T Y12 `-ft ✓' , Phone No. 2-08- 5. -08- 5. When change orders are submitted by the STATE for approval pursuant to Section II, Paragraph 7, the SPONSOR or its authorized representative shall give approval of same as soon as possible, but no later than ten (10) calendar days after receipt of the change order. If approval is delayed, any claims due to that delay shall be the responsibility of the SPONSOR. 6. Upon receipt of either of the statements referred to in Section II, Paragraphs 7 and 9, indicating an adjustment in cost against the SPONSOR, promptly remit to the STATE a check or warrant in that amount. 7. Maintain the project upon completion to the satisfaction of the STATE. Such maintenance includes, but is not limited to, preservation of the entire roadway surface, shoulders, roadside cut and fill slopes, drainage structures, and such traffic control -3- devices as are necessary for its safe and efficient utilization. Failure to maintain the project in a satisfactory manner will jeopardize the future allotment of federal -aid highway funds for projects within the SPONSOR'S jurisdiction. 8. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. 9. Indemnify, save harmless and defend regardless of outcome the STATE from the expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the SPONSOR or its consultant in the design, construction, and maintenance of the work which is the subject of this Agreement. SECTION IV. 1. All information, regulatory and warning signs, pavement or other markings, traffic signals required, the cost of which is not provided for in the plans and estimates, must be erected at the sole expense of the SPONSOR upon the completion of the project. 2. The location, form and character of all signs, markings and signals installed on the project, initially or in the future, shall be in conformity with the Manual of Uniform Traffic Control Devices as adopted by the STATE. 3. The use and occupancy of the right-of-way of this project by utility facilities will be controlled by the STATE'S Policv for the Accommodation of Utilities Within Rights -of -Way of the Federal -aid Systems in the State of Idaho. SECTION V. 1. That this State/Local Agreement (Construction) upon its execution by both Parties, supplements the State/Local Agreement (Project Development) by and between the same parties, dated December 23, 1993 on Project No. CM- 0100(114). M - 0100(114). -4- WVW0TTTTn?J This Agreement is executed for the STATE by its Assistant Chief Engineer (Development), and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MERIDIAN. Approved by ITD Legal Counsel Steven M. Parry May 23, 2000 ATTEST: "rFOJF. -P-1'0 po' "%A' � /'' , 4, IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: ,�;ssistant Chief Engineer (Development) RECOMMENDED BY: — J�tv �d. YaA..4 ALI== Roadwa V DesigA En neer CITY OF MERIDIAN (SEAL) r By /special meeting SEAL on Z Uf? � hm:5729 slaconst.doc -5- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of Meridian for itself, its assignees and successors in interest (hereafter referred to as the SPONSOR), agrees as follows: 1. Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non -Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex, national origin, age or non -job-related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, religion, sex, national origin, age or non -job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non -Compliance: In the event the SPONSOR is in non-compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the SPONSOR until it has achieved compliance and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions: The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regulations, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to subcontractor or procurement as the Idaho Transportation Department or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for construction of Five Mile Creek Pathway; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: That the Agreement for Federal Aid Highway Project CM -0100(114) is hereby approved. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called special (X -out non - applicable term) meeting of the City Council, City of Meridian, held on ' J 2000. OF �`�,,,,�4►1Ff11171/��rff` (Seal) �� FO City Clerk r SEAL Meridian City Council November 8, 1995 Page 8 Kingsford: Moved by Walt, second by Max to table this issue to the December 5 meeting and advise the developer of the four points that he needs to rectify, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS NO. 3 SUBDIVISION: Crookston: Mr. Mayor, this Los Alamitos there are three items on the agenda, they all basically deal one with the other. There has been discussion by the developer pertaining to a lot and since its acquisition of real property I would request that the Council go into Executive Session to consider this matter and ask the applicant to attend. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to go into Executive Session to consider acquisition of property, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: Call the meeting back to order, the Council was discussing in Executive Session a land acquisition, at this time I would ask Mr. McCall to make his proposal to the Council. Crookston: Mr. Mayor, in that reference we are still on the Los Alamitos No. 6 agenda item. McCall: Mr. Mayor and Council, I am the attorney for the developer. This is in reference to Los Alamitos No. 3, the Council has as part of our application for development a proposed preliminary plat that identifies on there a so called school lot. We have prepared a legal description of that as school lot, it constitutes 2.2 acres. In July of this year we entered into a binding contract with the school district wherein the developer agreed to donate that property to the school district upon the school district's wish and they could exercise their wish or their option anytime within seven years. It is our understanding that this was originally the city's intent that the property be deeded directly to the City so that the City could exercise some sort of control to permit an ultimate multiple use for school and park site. We are now not in a position to give the City that deed because of the Meridian City Council November 8, 1995 Page 9 contract with the school district. So in order to solve this problem we would make the following proposal. That Farwest Developers the buyer of that property under a land sale contract will in writing contract with the City wherein they would give this 2.2 acre parcel to the City upon the earlier of the school district of the expiration of the reference July option in favor of the school district or the school districts earlier waiver of any rights under that agreement. We also understand that this issue has been sort of tying up the annexation ordinance that was prepared for Los Alamitos No. 3 and has been tying up the proposed findings of fact and conclusions or the amended ones anyway and also the preliminary plat. We hope and request that the Council go ahead and act positively on those assuming that our proposal is acceptable to the Council. Kingsford: Does the Council understand the proposal? Corrie: Mr. Mayor, I move that we accept the proposal as stated. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the proposal from Farwest Developers as stated by Mr. McCall, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nea Crookston: Mr. Mayor, excuse me I made an error in reference to the agenda item, I think it is, the agenda item we were just on is agenda item 7 rather than 6 as I have it on my notes any way. I'm sorry I have the minutes as the first agenda item so it is number 6. Kingsford: And number 6 should be those amended findings, am I correct, that include what we were just addressing? Crookston: Yes Kingsford: Is there a motion on the amended findings? Corrie: Mr. Mayor, I move that we accept the amended findings. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the amended findings of fact and conclusions of law for annexation and zoning request by Los Alamitos No. 3, roll call vote. ROLL CALL VOTE: Morrow - No, Yerrington - Yea, Corrie - Yea I Meridian City Council November 8, 1995 Page 10 MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Counselor do you have that? Crookston: I'm sorry I don't in front of me. Corrie: I move we approve of the decision. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #7: TABLED OCTOBER 17, 1995: ORDINANCE #713 - LOS ALAMITOS SUBDIVISION NO. 3 ANNEXATION: Crookston: Mr. Mayor, pursuant to discussions with Brian McCall, the attorney for Farwest Developers I prepared a different ordinance than I had previously submitted to the City, it has one addition. It has a new paragraph under section 2 that states that no building permits shall be issued for this property until the applicant for annexation and zoning, Farwest Developer Inc., has provided to the City a second option after Joint School District No. 2 to obtain by donation approximately 2.2 acres in the Northeast corner of the above described property. Kingsford: I think pursuant to the Council's discussion that word option ought to be stricken in favor of deed or contract, pardon me. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 20, T.3N, R1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #713 read in its entirety? Seeing none I would entertain a motion on #713. Yerrington: Mr. Mayor, I would move we approve #713 as amended by the City Attorney with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Ordinance #713 with the suspension of the rules, roll call vote. Meridian City Council November 8, 1995 Page 11 ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 17,1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Does the Council have questions on that? Morrow: My questions would be to Gary and Shari, if all of their conditions have been met? Stiles: I would like to reserve that answer to be that all of our conditions be met. We have received so many different copies of this plat I really don't know which one you are looking at. I suppose you are looking at the one with the stub street. Do you have the one you are acting on before you tonight? Morrow. There was none in our packet in terms of that item. Kingsford: It was in your packet some time before. Has it been changed since the one that we were originally given? Stiles: You were given one that at one time showed that as a cul-de-sac street, but it has since been changed back to the stub. We probably received four or five different versions within 2 weeks from Roylance. I just want to make sure that as long as the plat complies with all the staff and agency conditions I have no problem with the plat. Kingsford: Gary? Smith: I believe they have responded to my review comments and answered those review comments. The question of the street again as Shari mentioned whether it stubs into that future school site/park site or it is cul-de-saced there I guess that is still a question then. Kingsford: Other questions of the Council? Morrow. Only a comment on my part to our staff is that we have had tremendous problems with these particular subdivisions in that area. I want to make it absolutely certain that there are no more. And so I guess that is in form of a comment that if in fact we are going to approve this based on the staff conditions I want to make sure that those staff conditions are clearly set forth to the applicant and his attorney and to anybody else that may have input for this subdivision. Meridian City Council November 8, 1995 Page 12 Smith: Well, from my standpoint Councilman Morrow they were clearly set forth in my comment sheet and as I recall Roylance did respond, their engineers did respond to each one of those comments and answered those satisfactorily. Kingsford: Any other questions of the Council? Is there a motion on the preliminary plat? Morrow: Mr. Mayor I would move that we approve the preliminary plat for Los Alamitos Subdivision NO. 3 by Farwest Developers subject to all City of Meridian staff conditions, ACHD conditions and any other conditions that.may be brought forth in terms of the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the preliminary plat for Los Alamitos Subdivision subject to all staff requirements being met and all ACHD requirements being met and all other requirements in the development agreement being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED OCTOBER 17,1995: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK: Kingsford: Does the Council have questions or comments about that? Morrow: Mr. Mayor, what was the reason for tabling? Kingsford: You wanted a presentation I believe from the minutes. Is the representative here from Englewood? Would you make that presentation please? Johnson: Glen Johnson is my name Mr. Mayor, members of the Council. When we first started the Englewood Creek Subdivision in the planning portion of it, at that particular time things were better than they are now obviously. That was several years ago, then we were the only development in that area with that square footage and we felt because of the, we haven't even started the development yet, again this is one of the reasons. Because with that square footage there is nothing around us out there that has that size of homes required. So in order for us to build out lots we really need to have the 1500 square foot because the zoning calls for 1400 and everything around us that size or 1500 is the maximum for any of the surrounding subdivisions in the area. In fact we even took this back to the Planning and Zoning which was requested by Council earlier this year, we ORDINANCE NO. 713 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A 1tract of land situated in the North 1/2 of the SO4thwest 1/4 of Section 20, Township 3 North, Range 1 i� o N East', Boise Meridian, Ada County, Idaho, described as folfows: .00 :� Commencing at a found steel pin monumenting the southwest __. corner of said Section 20, thence along the westerly line :-� of said Section 20, said westerly line also being the \ centerline of Locust Grove Road, North 00 44 49 East a o distance of 2654.68 feet to a found 1" square bar -� m monumenting the northwest corner of the Southwest 1/4 of 44 Section 20, thence continuing along said westerly line South 00°44'49" West a distance of 247.50 feet to a point, thence leaving said westerly line North 89057131" East a distance of 264.15 feet to a set steel pin, thence North 00042'42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, thence along said northerly line North 89055141" East a distance of 1321.93 feet to a set steel pin, said steel pin being the POINT OF BEGINNING. Thence continuing along said northerly line North 89055141" East a distance of 1078.51 feet to a found brass cap monumenting the northeast corner of the Southwest 1/4 of said Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4 South 00023151" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89059'46" West a distance of 54.93 feet to a found steel pin. I ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 1 Thence South 40°23'15" West a distance of 174.00 feet ( formerly South 39 ° 36' West a distance of 174.02 feet) to a found steel pin, Thence South 34°42104" West (formerly South 33°56130" West) a distance of 86.20 feet to a found steel pin, Thence South 31°18128" West a distance of 10.66 feet (formerly South 34°42122" West a distance of 12.00 feet) to a found steel pin, Thence South 39004117" West a distance 9.45 feet (formerly South 39011122" West a distance of 8.41 feet) to a found steel pin, Thence North 89056141" West (formerly North 89157108" West) a distance of 928.87 feet to a set steel pin, Thence North 00°04'00" West a distance of 167.59 feet to a set steel pin, Thence South 89012100" West a distance of 5.15 feet to a set steel pin, Thence North 00004100" West a distance of 124.60 feet to a set steel pin, Thence North 89037100" East a distance of 8.52 feet to a set steel pin, Thence North 00004100" West a distance of 136.11 feet to a set steel pin, Thence North 89055100" East a distance of 46.28 feet to a set steel pin, Thence North 00004100" West a distance of 163.53 feet to a set steel pin, Thence North 89055100" East a distance of 16.25 feet to a set steel pin, Thence North 01016100" East a distance of 131.60 feet to a set steel pin, thence North 89055100" East a distance of 15.38 feet to a set steel pin, thence North 00005'00" West a distance of 163.44 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of I ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 2 Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the Applicant shall obtain approval from the City for all equipment, method and means to perform well monitoring and shall perform the monitoring bi-weekly during the month of April, May, June, July, August, September and October. e. That the Applicant shall approach adjacent land owners and obtain permission to monitor their wells and that two (2) such adjacent wells shall be monitored on the same bi-weekly schedule. f. That such monitoring shall continue until wells are no longer used for pressurized irrigation and shall also be addressed in the Development Agreement. g. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. h. The requirements and conditions of the Findings of Fact and Conclusions of Law, which includes minimum house sizes of 1,400 square feet and meet the Ordinances of the City of Meridian. i. That no building permits shall be issued for this property until the Applicant for annexation and zoning, Far West Developers, Inc., has provided to the City a second contract, after Joint School District No. 2, to obtain, by donation, approximately 2.2 acres in the northeast corner of the above described property. a ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 3 Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 8th day of November, 1995. APPROVED: Ofd/''/��i ATTEST: SEAL WILLIAM G. BERG, -- CITY CLERK = T, cc 0 ` -9 COUNT tttn ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 4 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 713 , by the City C uncal and Mayor of the City of Meridian, on the 1r3� day of 11Ie , 1995, as the same appears in my office. DATED this �6/' day of /, 1995. City Clerk, Ci Ada County, Id STATE OF IDAHO,) ss. County of Ada, ) \\`IltlltttlltflJJJJ// OPP M �ctlan EA L _= 9� ,Com '9Q UST t s� , �� 9 CIOUNT`� /''JJJrrfnri null\\\\\ On this day of Ao V eAl 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. E L C''• 9 SEAL Z -, (P �OTARy ! ry Public for Idaho Sing at Meridian, Ida o ission Expires: a ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 5 w mI .L u N u J� �Fcig ss \ ?i tqm^ Stob� n= „n m mg 3 :7 n p�F� mr • yLL� 21;ifNU Z .[C 699 M 'IS,t Z.00 s I 3NI1 NOIIO3S 1/I wnos/Ni NON a) d wo- P _.._._ N p o n tt Z F o a a m ^ 'O I U y� • Q o ~ < � Z Z_ ll) �// N lV m m < to tn � J VVVAAA tn 7) to tn LIJ til Q VVV ` v Z Z Z Z Iy y - • i .o U u a o z�� O� Odin N + Y - nYNI Y� O,qj. OOO N P. ad PN amoN +n p VI S- m S- z o- ut N � m m'^ W m V 2 ri 151. U ' KS N i0 ry 6m m o z bz ' T (.a uc) _ ►9 (1Z 3 ,Z*.Z*.00 U mp N .00 OOZ (NI WN) z w 3 .6t,t1.00 N �0 ULL_11 nenio 3 (NwN) LFp 2NN� M1+0 inH .99 *99Z (S9wev3e A0 SISve) z ,osztz ,n n_ : OVOtI RAOklO 16f10O1 g 3 .6►,►►.00 N -• 916591 ,It COOI • ,1['199 ,OS'S66 w mI .L u N u Sent By: Meridian P&Z; :, ,ow» OL n=gRam r6L WAVIK a cADOAMM16 PA WILLUM i SCM&ARM man rn�srr�m�.sa► e, rs Mark Freeman FOLEY & FREEMAN 77 9. Idaho St., P 0:20X 10 888 6854; Feb -4-02 4:57PM; Page III AWBRGSE, FMGEX4LD & CROOiC;T01V A'R IMME'YS AND COUNSKWRS AT IAVY am +w�w1 Lin WEST 3rAZ8 . M BOX ar FACU"UN (W) M67UDIAK MHO MO TAS FIRU L4MUDW pN K1NN, nnnons November 3i, 1995 Ste. 300 Meridian, ID 83580 RE: LOS ALAMITOS PARR\SCHOOL SITE DONATION Deaf' Mark: REEI V EO U t u 4 X995 CCTV tit IvirmulA I apologize for not informing you that at the City Council meeting on November 8, 1995, the Council in Executive Session to considered the proposed agreement between Farwest Developers, Joint School District #2 Ada and Canyon Counties, and the City of Meridian pertaining to the donation of land by Farwest Developers. The City Council discussed the matter in that Executive Session and upon adjournment of the Executive session took action on the record. They passed a nation to accept the proposal subititted by Marty: Goldsmith. The proposal was that the City of Meridian accept Farwest Incorporated's entry into an Option Agreement with the,School District for approximately 2.2 acres of lana adjacent to Los Alamitos No. 3 Subdivision, provided that an additional agreement is entered into between Farwest Developers Incorporated and the City of Meridian. That Agreement would pso�ride the City with .a second option on the land to have it donated to the City if the School District did not exercise their option on the land. Would you please request Brian McColl, Attorney for Farwest DevOlopers Inc., to prepare the second option and forward a draft to me and yourself .as soon as possible. MGC; j+d cc:.. Meridian City.Clark ary truly yours r et ViikE G. CROOKSTON,