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Heron Brook Townhomes CUP 00-011CITY CLERK FILE CHECKLIST Project Name: ��%/'�/YL &06k ---File No GYYt�s. Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: /hag 6k (q, 2oo o Hearing Date: ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation Notes: City Council Level: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: and ❑ Approve ❑ Deny Hearing Dater 2, Zjp p n 16_ DD and 7-© V Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: e - (&— to Findings / Conclusions / Order: Approved by Council: _ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. lrl L, ❑ Approved by Council: ❑ Recorded -1&,-()p 1`5 -_11 -cc Imo\ ^� R, /r\- 6L V � C1-- Resolution` nNo. V lCA-, Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: Original Res / Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to:Applicant - Project file City Engineer City Planner City Attorney NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on March 14, 2000 for the purpose of reviewing and considering the application of Pinnacle Engineers 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 application requests preliminary plat approval for 3.98 acres currently zoned R-40. 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 16th day of February, 2000. WILLIAM lG �iBERG, JR., IT CLERK OF PUBLISH February 25 & March 10, 2000. SEAL Cb ', OXY • `��° //,r%1F111 will ZONING MAP HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet 0 S3n1w01 _ Subdiv Stseg S3n1e06 [] Zoning PINNACLE ENGINEERS, INC. 870 N. LI NDER RD, STE B, MERIDIAN, IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781 PROJECT # C99621 DATE: 9/1/99 The Idaho City Of Meridian Statesman" LIAR 1 P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION�000untmg Do -oz. ACcount # DTI# Identification Amount: 064514 199722 PUBLIC HEARING -HERON BROOK $49.08 Ordered by: P.O. # Rate Run Dates 7 SHELBY INT FEB. 25, MAR. 10, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 32 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 6403 LEGAL NOTICE PUBLIC HEARING NOTICE Orinancsfe Ci of Meid an and the Laws of the State of Idaho, that tthhe City ofgMe IrdiannlwillCh dmasPublic hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 1:00 p.m. on March 14, 2000 for the application rev lPinlnacle Engineersnforha conditional use permit for a 40 lot town - home development generally located at the northeast comer of .Meridian Road and Blue Heron Lane. abovmore property is onafile in the City Clerk's in office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available per- sons shall be heard and at said lPublic h ar ng and the public is welcome and invited to DATED this 16th day of February, 2000. WILLIAM G. BERG, JR., CITY CLERK Pub. Feb. 25, Mar. 10, 2000 6403 vOTq ;S► • A JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO Eloonsecutive weekly = single =consecutive daily Elodd skip insertion(s) beginning with the issue of: FEBRUARY 2 5 2000 and ending with the issue of: MARCH 10 , 2000 STATE OF IDAHO ) )ss COUNTY OF ADA On this 10 day of MARCH in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same A - O A Notary Public for Idaho Residing at: Boise, Idaho My Commission expires:( CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT EIL .L3lp.�! NAME: Pinnacle Engineers, Inc. (Bob Unger) PHONE: 887-7760 ADDRESS: 870 N. Linder Road, Suite B, Meridian, ID 83642 GENERAL LOCATION: Northeast corner of Meridian Road and Blue Heron Lane DESCRIPTION OF PROPOSED CONDITIONAL USE: 40 lot townhome development. ZONING CLASSIFICATION: R-40 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contain in is true and correct. ----------------- Signature of Applicant Social Security Number 282-42-2022 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK , LOT TO CONTENTS OF CONDITIONAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant; Pinnacle Engineers, Inc. (Bob Unger) 870 N. Linder Road, Suite B Meridian, Idaho 83642 Phone: 887-7760 Fax: 887-7781 2. Name, address and phone number of owner of subject property; Glen Anders 483 N. Quarryview Place Boise, Idaho 83712 Phone: 331-7881 3. Legal description of property; Attached 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner; Attached 5. Description of existing use; Single family residence with out buildings and pasture. R-40 zoning. 6. Present use of subject property; Single family residence with out buildings and pasture. R-40 zoning. 7. Proposed use of the subject property; Single family residential townhouse development. 8. The District (present zoning) that pertains to the subject property; R-40. 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1"=300); Attached. 10. Characteristics of subject property which make a conditional use desirable; See cover letter. 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300) of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; Attached. 12. A fee established by the Council; $275.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet = Total Fee Attached. 13. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and The developer agrees to any additional fees or charges which may be associated with this project. 14. The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. See cover letter and application. 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. See cover letter. 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: - - Ori behalf of Lyn Hellen and Glen Anders, -me 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 lotsy 1 common lot with a Clubhouse, 1 common lot for the common drive'accessing the, dots; and 1 common lot around the perimeterfor 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, bei 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 Nam .a -Meridian Irn ation Distnct, is located to P g - 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 located on the north side 'of the Jackson Drain, an proposed open space and the existing openspace 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. 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 dedicatedto the, and built to Ada Count, _ p y 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 S= B - MERIDIAN. IDAHO 83642 1 (208) 887-7780 - FAX (208) 887-7781 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 JacksonFDrain, 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 frorn 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 soilsisrated as rare and none. Statement of Compliance: - 1. ompliance: 1.All driveways,,paiking, curbs,, gutters, and sidewalks will be constructed to Meridian City Ordinance- standards- 2. tandards,2. The' s' use is in conformance with=the City, of Meridian Comprehensive Plan. 3. The development will be connected to�`Cityservices.' 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: r 2.' The applicant has read the contents of this application and vei fres-that the information ` contained herein is'true and correct. ` P:\A—CIVIL\C996218\996218bs.dwg Dec 30 15:14:08 1999 4 _ C ----------- A% ---- ------ -- ROAD +--------- — -----�__-+-------;----- —------- ——w --- A } m l7 I ca I� • l�r r / i/�i I / rr/' i A Z rn Z I � / � /ti - • , I � I I a6 ri 11 '311-1i PR pGO 112i R,o 629 fe y t -R! � � o z ,b a g *d 1 01 / 6a gra la I�A 9y[� C C~v Ch9 n 4 & c Ez z 5TI 5, HcRON BROOK TOWN HO INAE:S PI -'NN CL nginear9, !no. L— T Tom! 4-3 L. = IV (:<x sr- P: \A CIVIL\C996218\996218 cnuse.'-- Thu Dec 30 15: 15: 35 1999 C 4�" _- HEFR�DN BF<COK TOWNH(DMES PINNACLE E L USD= LAN Engineers, Inc_ 7 � ,', � r i � � o _ _ _ D— �T OSA O ---D 0= D_ �_ •= B� no x ur:xael xl-nw ax�1 P:\3 CIVIL\[996218\998218 LS.OWG —,u Dec 30 15:16:36 1999 \ � @ m r. H E R O Oo I--._ a & O E S PINNACLE N B R Dec 22 99 03:57p L,4n Hellen ..� 208-331-8367 p.2 Descriptio_U Of Materials for HERON BROOK PATIO HOMES 80 Blue Heron pd Meridian., ', Contractor: Crown Stuart Construclaon Fred Iloutman, 288-2870 I -EXCAVATION: Sandy loam and clay. 2. FOUNDATION: Footing: 5 sack/yd 3000 psi concrete. malls: 5 sack. Ground barrier / .06 mil. Visyueen. 3. EXTERI()R WALLS: Woad grade #2 Don 7 - 16" can center. Siding: vinyl .026, cottage lap fastener galvanized /16°' wafer wood 4'x8' 4. FLOOR FI G: 91/2 TGI on 21 centers. Span 11'6'' or less. 5- SUB FLMR SHEETING: 3/4" T.G. Waferwood T/G,4'x8'. 6. FINISH FLOOR ENTRE'': 3/4" Oak hardwood or tile. 7. WALL -PARTITION FRAMING: Premium dry DF 2x4 ,16"on center. S- CEILING FRAMING: #2 DF or better, other j truss 9. ROOF FRAMING: All roof framing manufactured trusses or premium dry D. R. 10. ROGF' NG SHEETING: Waferwood 7/15", 4x8 with H clips 24" on center trusses. G. S. fire halt shingle, 20 year fiberglass underlayment. I31b. felt . Flashing: galvanized 28 gauge. 11. GOER AND AL 1:.027 gauge, 5" K style, downspout. aluminum .019,2x3 rectangular #3. 12. DRYWALL: 1/2"-5/8" sheet rock with orange peel finish joints taped USG taping Dee 22 99 03:595 Lin Hellen 209-331-9357 P.3 pr DECORATING:ndback Toll1. Kitchen/ promar sprayed and back rolle& 2.Baths/ promar sprayed and back rolled. 3. Ether/ promar sprayed and back rolled. 4. Additional primed with latic sea] prior to texture. 14. INTERIOR DOORS: Boor type/ lineden masoQe, six pane] finished with acrylic paint. Pine framed, finger jointed 1S' �' BOWS: VmyUPhillips brand 1/2" thickness with a .047 U va windows! wood wrap & acrylic painted lve, interior 16. ENTRANCE DOOR: Metal aft. width; thic 9/16 thickness. kness 13/4, frame material F!i pine 4 Other doors metal 2ft.6" width; thickness 13/4 frame material; F.J pine 4 9/18 thickness_ 17 CABINET MATEpjAL: Oak veneer, shelves. (lase cabinet oak with oak self edge bate tops. Back splash /tile. Finish of cabinet clear lacquer; doors with self closim S hinges. g 18. HEA n NG: 70,000 input, 56,000 output, 80% efficient. Forced air gas type B, gas fired, Honeywell T 8034C, 2 ton corsair. Steel duct work R6 ,fiberglass. 19. FLOORS: Kitchen, dining, utility room, guest bath and roaster bath are all Armstrong vinyl flooring with wood base throughout. The rest ofthe home is above builder grade quality carpet. 20. PI UNIBING FIXTURES: Kitchen sink; white double/ metal enamel. Lavatories: oval, white sin". Water closet: Gerber 1.6 gallon round, white. Bathtub: whirljet TS 6002 Y white. Showers: whirljet LIPS 4834 4' white. 21. FIREPLACE: Freestanding gas fireplace, self venting, outside air intake. Tale front and floor around gas fireplace. 22. ELECTRIC: Underground supply, circuit breaker Westinghouse. 125 amp service 24 circuts. 220 air conditioner, 220 range. 23. LIGHT FDC0"URES: Ceiling fan in living room, standard overhead lighting. 24. INSLLATTGN: Ceiling_ R38 Insulsafe fiberglass, blown. Lulls 4" R 13 fiberglass batt with 4 mil moisture barrier. Floor R 19. 25. AMC. Refl igerator plumbed for ice maker. Hardware; kwik set locks- brass. 26. SIPECM EQUIPWN'l(': Hotpoint 30" self clean range. Hotpoint dishwasher. Hotpoint self venting microwave above oven. ISE garbage disposer. 2 ton AC unit. 10-27-1999 10:35AM FROM PINNACLE ENGINEERS 887 7781 AFFIDAVIT OF LEGAL INTEREST 1, Glen Anders, 483 N- Quarryview Place, Boise, Idaho 837I2 being first duly sworn upon oath, deposed and say: I . 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, 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 1999. Glen Anders SUBSCRIBED AND SWORN to before me the day and year first above written. oO�����aaaaaag�o�o ®� °Notary Public for Idaho �GTAR1' ®® Residing at 9©", a', 0 4, Mir Commission Expires: �J ®o® -g o®aa0114 ®F I�® ®0�0 �17dJDafl9990© P- 2 '=mntees herein have read and approve -'lowing: z--- - Title File No.: T9943453' '4iNTY DEED FOR VALUE RECEIVED DALLAN TAYLOR and PATRICIA MAE TAYLOR, husband and wife AND GARY BELEW and JANICE A. BELEW, husband and wife GRANTOR(s), daes(da) hereby GRANT, BARGAIN, SELL and CONVEY unto: GLEN ANDERS, an unmarried man GRANTEES(s), whose current address is: gl3 n»V0.Xk1Vt the following described real property in Ada County, State of Idaho, more particularly described as foIlows, 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 W, which by this reference becomes a part hereof. ADA COUMTy RECORDER J. DAYID HAYARRO ... r tr:-A!R) 1949 JM 18 t 4:21 RECORDED-REDUEST OF FEE�E PUTYV___ wsr 9906[349 TRANSTiO;I Ttra aZSCRCW TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Graume(s), and Graatee(s) heirs and assigns forever. And the said Gramor(s) does(do) hereby covenant to and with the said Grantee(s), that Graator(s) is/are the owner(s) is fee simple of said premises; that said premises are free from all encumbr mces, EXCEPT those to which this canveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, resUNdons, dedications, easements, rights of way and agreemsents,(if nay) of record, and general Taxes and assessments, (Including =gation and utility assessments, if airy) for the current year, which are not yet due and payable, and that Gramor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: done 17,1999 - Dam Taylor GaryBelaw �Al�Cj ry,�1 L8 d' G4, 7e� STATE OF Idaho , County•.0 On this 11 day of June in 1999, before me, the undersigned, a o He in and for said State, personally appeared Daalllan Tayloramtem7-Belew known or identifiied toit-/07, be the persons whose names are subscribed I in insutp�ent, a Ci nriedged to me that theythe saw. / / U • U / fQ�t Patricia Mae Taylor ACSNOWLEDG indirWad . z STATE OF ..0^i!' ii! ....... Cavnq of ...................... a On chis .... A. .... ...................... to me, the undersigned Nonry in the year of .... . known or identified to me rhe o. whose name �� ' ...... . -b-1-ohmein ao executed the same. � Sigmtuce:... ✓ri:i�. Name: Mancfies 3catau Name•............ I . �asiecng at ?daria3sn. i .. . :sz 19.3x1 My commission a.:piras: 7 " J .!7 O4 . °'�1OSng ............ ,iy, moms = n expixs . _ ... . 7 mourn[ -on ha &' E=BIT "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 89°25' 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 0008' East 624.66 feet to an iron pin; thence North 66057' West 37.03 feet to an iron pin; thence South 00001 72.74 feet to an iron pin; thence North 90000, West 528.00 feet to an iron pin; thence North 01000' 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'. Raid and continuing North 89034150" 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 890341500 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 00009150" 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 00016137" 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. ?lam :LSO ?'�s:'d.2'TT ditch and read rjg'th ---.F 4a, :Z, A!so P:_ C '?'T_ ii: + i -:—, c'M an=1 :Cr -4C= iILZg W1t .n J C:i CII CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 r I Lustomer s Order No. Name r, L, ^ Date GS o Address Phone: SOLD BY CASH • C.O.D CHARGE • ON ACCT. MDSE RETD. PAID OUT I n �i X �•�%3 � 2 2i i �Z Ta iV1 A $;60 ± U t.+, 6 Z. n x i. 3 x Z► I 00-1 � I ►oz�.zs. AC4 -1 11( All claims and returned goods MUST be accom TAX U((''�� J 417 �00 ByceivS� ed TOTAL I4Q 4• 0,+ GS -202-2 PRINTED IN U.S.A. SOYINK_ CJru,vtn�6tAi HERON BROOK LLC io/99 1007 LYN HELLEN 483 N. QUARRY VIEW BOISE, ID 83712DATE I , 1 �- "r sz-11z/14i5 PAY ( TO THE - ORDER OF �.,1...n2.,✓rte �t'U c _c / $ i -, I ".�.- ZIONS BANK Zia" First National Bank Boise Office 8100 Emerald Suite 190 Boise, Idaho 83704 FOR Irk PAY TO THE ORDER O 11800 100 711' I: L 24 LOLL 281: 4 7 S 000213 711• HERON BROOK LLC LYN HELLEN 483 N. QUARRY VIEW BOISE, ID 83712 10/99 IIS 92-112/1241 DATE / 475 $ DOLLARS 8 .IONS BANK Zion First National Bank Boise 011ce 8100 Emerald Suite 190 Boise, Idaho 83704 �1 A FOR i� C/rG%.�. us,l 11 r �11st aL —) hr ., 1110010080 is 1 24 LO L L 28i: L. ?S 0002a 7u' HERON BROOK LLC 1o/99 LYN HELLEN 483 N. QUARRY VIEW BOISE, ID 83712 PAY TO THE ORDER OF 1017 92-112/1241 DATE - o0 475 $ 377.72 sm......s11 - -- -OLLARS ZIONS BANK 1 Zions First National Bank Boise Office 8100 Emerald Suite 190 Boise, Idaho 83704 zztl4 11'00 10 1711' 1s 1 24 LO L L 281: 4 7 S 000213 7118 P: \A_CIVIL\C996218\996218_cnuse,' " Thu Dec 30 15: 15: 35 1999 l�\ Iv PINNACLE C s= x so HEROf�ll BROOK TOWNa—ION9ES . o P C O N ®I T I O N A L USE 6= LAN Engineers. Inc. Wel ee�—�mo P: \A CIVIL\C996218\996218 LS.DWC "hu Dec 30 15: 16: 36 1999 n HERON BROOK TOWNHOMES _y CAP E P L A N 1i L Y 0'�! H E L, E N I i z ec oz vc o O� 000 Mz �o PINNACLE �n�ineera, In�. lAe) ee>-nm 2 BED/2 BATH PLAN OR B E. 9 ZBED/HC PLAN 1/8"= 11 - 0" 17 DECE14iBER 1999 100-N I 4-Y e:. BED/2 BATH PLAN 1/8" =1° - 05, 23 DEC. 1999 11,111- 17 - it 23 DEC. 1999 l . . '1001-1 i; 8q =1' - oll 27 DEC. 1999 _,.. __., �,� � I/g°t iF- m ,.A ,-A- VICINITY MAP HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet PINNACLE ENGINEERS, INC. 0 S3n1 w01 870 N. LI NDER RD, STE B, MERIDIAN, IDAHO 83642 PRQJECT # C99621 Stseg PH (208) 887-7760 FX (208) 887-7781 DATE: 9/1/99 0 S3n1 eC6 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 93642 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 MA:GNIANO 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 & NIAENDL 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 692. HUISH TRUG KING VERL G & 149 E WOODBURY DR KING MERLYN P MERIDIAN ID 83642-5573 2580 N MERIDIAN RD MERIDIAN ID 83642-5455 CHAVEZ JIM H 2491 N EUREKA AVE MERIDIAN CITY MERIDIAN ID 83642-4402 33 E IDAHO AVE MERIDIAN ID 83642-2631 BICKMORE ALLEN D & E WOODBURY DR BICKMORE JULIE M RHINEHART DOUGLAS C & 103 E WOODBURY DR MERIDIAN ID 83642-5573 RHINEHART MARY A 2553 N RICHTER AVE ANDERS GLEN MERIDIAN ID 83642-5574 483 N QUARRYVIEW PL WALBRIDGE RAYMOND T & BOISE ID 83712 80 E BLUE HERON LANE WALBRIDGE SHARON H 2560 N RICHTER AVE BUNDY DOYLE WAYNE & MERIDIAN ID 83642-5574 BUNDY PATTI ANN OKE DARREN M & 2486 N LARCHMONT PL MERIDIAN ID 83642-5578 OKE PAMELA S 2551 N VOYAGER AVE KYLE CHRIS A & MERIDIAN ID 83642-5575 KYLE WANDA J LONG ROGER A & 235 E WOODBURY DR MERIDIAN ID 83642-5573 LONG FLORA B 2558 N VOYAGER AVE GALUSHKIN MIKIIAIL & MERIDIAN ID 83642-5575 GALUSHKIN LIMA REGELIN TERRY L & 165 E WOODBURY DR REGELIN RENAE T MERIDIAN ID 83642 2547 N TUSCAN AVE MERIDIAI�T 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 MERIDIAN ID 83642-4402 BELL JULIE V 117 E WOODBURY DR MERIDIAN ID 83642-5573 HAMNiONS FENNY 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 HAWS 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 83642-4402 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 /1 2 BED/2 BATH PLAN 0DWEMBER "1 /'\ n 2BED/HC PLAN g 7 DECEMBER 1999 a ell m CIR 'I 3 BED/2 BATIK PLAN 118" =1' - 0" 23 DEC. 1999 p 10 Rmcklumn" in 1/8" =1° - ou 23 DEC. 1999 5 s }t! i 1 { :� •� �Fj S1 3 ' }#}i {I J �� q pig j>k (Jp/1 Y 4i a 4 CLUBHOUSE 1/8" =1' - U" 27 DEC. 1949 1/6,' Dec 22 99 03:57p Lyn Hellen 208-,31-9367 p.2 Description of Materials for HERON BROOK PATIO HOMES 84 Blue Heron Rd Meridian, ID Contractor: Crown Stuart Construction Fred Houtman, 288-2870 I -EXCAVATION: Sandy loam and clay. 2. FOUNDATION: Footing: 5 sack/yd 3000 psi concrete. Walls: 5 sack. Ground barrier / .06 mil. Visqueen. 3. EXTERIOR WALLS: Wood grade #2 Douglas Fir, sheeting, 7/16" wafer wood 4'x8' - 16" on center. Siding: vinyl .026, cottage lap fastener galvanized 4. FLOOR FRAMING: 91/2 TGI on 2R. centers. Span 11'6" oz less. 5. SUB FLOOR SHEETING: 3/4" T.G. Waferwood T/G,4'x8'. 6. FINISH FLOOR ENTRY: 3/4" Oak hardwood or tile. 7. WALL PARTITION FRAMING: Premium dry DF 2x4 ,16"on center. S. CEILING FRAMING: #2 DF or better, other j truss. 9. ROOF FRAMING: All roof framing manufactured trusses or premium dry D. F. 10. ROOFING SHEETING: Waferwood 7/16", 4x8 with H clips 24" on center trusses. G. S. fire halt shingle, 20 year fiberglass underlayment. 151b. felt. Flashing: galvanized 28 gauge. 11. GUTTER AND ALUM[1M NUM:.027 gauge, 5" K style, downspout. aluminum .019, 20 rectangular #3. 12. DRY WALL: 1/2"-5/8" sheet rock with orange peel finish joints taped USG taping Dec 22 99 03:58p Lyn,.,He11en 208--,-Q1-9367 p•3 13. DECORATING: 1. Kitchen/ promar sprayed and back rolled. 2. Baths/ promar sprayed and back rolled. 3. Other/ promar sprayed and back rolled. 4. Additional primed with latic seal prior to texture. 14. INTERIOR DOORS: Door type/ lineden masonite, six panel finished with. acrylic paint. Fine framed, finger jointed. 15. WINDOWS: Vinyl/ Phillips brand 1/2" thickness with a. 047 U valve, interior windows/ wood wrap & acrylic painted. 16. ENTRANCE DOOR: Metal aft. width; thickness 13/4, frame material F/J pine 4 9/16 thickness. Other doors metal 216" width; thickness 13/4 frame material; F.J. pine 4 9/18 thickness. 17. CABINET MATERIAL: Oak veneer, shelves. Base cabinet oak with oak self edge laminate tops. Back splash / tile. Finish of cabinet clear lacquer; doors with self closing hinges. 18. HEATING: 70,000 input, 56,000 output, 80% efficient. Forced air gas type B, gas fired, Honeywell T 8034C, 2 ton corsair . Steel duct work R6 ,fiberglass. 19. FLOORS: Kitchen, dining, utility room, guest bath and master bath are all Armstrong vinyl flooring with wood base throughout. The rest of the home is above builder grade quality carpet. 20. PLUMBING FIXTURES: Kitchen sink; white double/ metal enamel. Lavatories: oval, white sinks. Water closet: Gerber 1.6 gallon round, white. Bathtub: whirljet TS 6002 5' white. Showers: whirljet UPS 4834 4' white. 21. FIREPLACE: Freestanding gas fireplace, self venting, outside air intake. Tile front and floor around gas fireplace. 22. ELECTRIC: Underground supply, circuit breaker Westinghouse. 125 amp service 24 circuts. 220 air conditioner, 220 range. 23. LIGHT FIXTURES; Ceiling fan in living room, standard overhead lighting. 24. INSULATION: Ceiling- R381nsulsafe fiberglass, blown. Walls 4" R 13 fiberglass batt with 4 mil moisture barrier. Floor R 19. 25. MISC.: Refrigerator plumbed for ice maker. Hardware; kwik set locks- brass. 26. SPECIAL EQUIPMENT: Hotpoint 30" self clean range. Hotpoint dishwasher. Hotpoint self venting microwave above oven. ISE garbage disposer. 2 ton AC unit. Meridian City Council Meeting May 16, 2000 Page 2 Wood / D.W., Inc. — west of Eagle Road between Overland and East Victory: Item H. Findings of Fact and Conclusions of Law: AZ 00-005 Request for annexation and zoning of 20.26 acres for proposed Stratford Park for residential and professional offices from R -T (Ada County) to R-8 by Howell Murdoch Development Corp: Item I. Findings of Fact and Conclusions of Law: 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: Item J. Findings of Facts and Conclusions of Law: 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: Item K. Findings of Facts and Conclusions of Law: VAR 00-007 Request for parking variance — request for no off-street parking for Generations Park Plaza I by Gary Benoit — at East 1St Street and West Idaho, Old Town: Item L. Findings of Facts and Conclusions of Law: CUP 00-018 Request for Conditional Use Permit for a proposed high-tech manufacturing facility / machine shop in a C -G zone on a vacant lot on Lot 5, Block 2 of Troutner Business Park by Joseph Heilker: Item M. Findings of Fact and Conclusions of Law: VAC 00-003 Request by Ronald C. and Rafanelli Nahas for a vacation of public utility easement in a C -G zone — Lots 12, 13, 14, and 15 of Block 2 of Central Valley Corporate Park No. 5: Item N. Findings of Facts and Conclusions of Law: CUP 00-019 Request by Jeff and Mike Hon for a Conditional Use Permit for planned unit development for two principle buildings on a single lot in Honor Park Subdivision No. 2 in a C -G zone — 357 E. Watertower Lane: Item O. Development Agreement: AZ 99-023 Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc. — west of Eagle Road between Overland and East Victory: Meridian City Council Meeting May 16, 2000 Page 4 Bird: Mr. Mayor, as I understand it, you want to move 7, 8 and 9 to right after Item 17? Corrie: Fifteen. Public hearing — the last public hearing and the rest we'll do at the regular time. So after Item 14. So if everybody's agreed to that, we'll get to these others real quick and we can get to the Valeri Heights Subdivision. We have to approve this now if you want to do that. Bird: What about 16? That's just a time extension. Could we put those public hearings after that? Corrie: Is there anyone here that objects to that? Okay. Bird: So we'll put the 7, 8 and 9 behind Item 16. Unidentified: Mr. Mayor, we never kind of got to say — I would just kind of like to limit it to say five minutes, raise hands of everybody — kind of did that in the Planning and Zoning meeting and didn't spend all night on it. Corrie: I'll limit it to three minutes if everybody wants to talk. What I'm trying to get at is if whoever gets up first will give whatever they want to say. If anybody else has anything different than that by a show of hands agree with that. If you have something different you want to say or that, we'll let you have the three minutes as well. I just don't want everybody to get up and say the same thing over and over because it gets really repetitious. Unidentified: I'm for that rather than going clear to the end. Corrie: You want us to do it the way it is? All right. We'll do it that way. Item I. Findings of Fact and Conclusions of Law: 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 I, Findings of Facts and Conclusions of Law, this is a request for preliminary plat for 40 building lots on 3.98 acres in an R-4 zone for proposed Heron Brook Townhouse Subdivision by Pinnacle Engineers, Inc., northeast corner of Meridian Road and Blue Heron Lane. Staff, comments first on Findings of Facts and Conclusions of Law. Nichols: Mr. Mayor, members of the Council, we've made some revisions just today because of some errors in the proposed Findings. That's why we asked that it be moved to the regular agenda. It has to do with Items 1.13 and 1.14 which deals with the setback requirements and the no on -street parking. We had Meridian City Council Meeting May 16, 2000 Page 5 not received a copy of the letter from the developer dated May 2"d. So that's been done. There were two things. The CUP and the preliminary plat. In the CUP, I think it's 1.13 and 1.14, the preliminary plat had to do with the turnaround requirement. If you recall, the testimony was that the turnaround was available near the clubhouse. So we've made those changes, but you didn't get them until tonight. Corrie: Okay. Nichols: Mr. Unger represented that he's fine with the changes. I don't know if he's still here tonight or not, but I showed them to him. Corrie: Bob's not here, are you? He didn't raise his hand, but he was here earlier. Nichols: Yes, and I can represent to the Council that he said the changes were acceptable to him. Corrie: Okay. Any other questions of Council? This is the first request, preliminary plat. Hearing none, I'll entertain a motion on the Findings of Facts and Conclusions of Law for Item No. I which is now 1 a, the preliminary plat for 3.98 acres. Bird: Mr. Mayor, I move that we approve the Findings of Facts and Conclusions of Law and Order of Conditional Approval of the preliminary plat dated 5/16/00 for Pinnacle Engineers known as Heron Brook Townhouse Subdivision, northeast corner of Meridian Road and Blue Heron Lane. deWeerd: Second. Corrie: Motion has been made and seconded to approve the Findings of Facts and Conclusions of Law for request for preliminary plat on the 40 building lots of 3.98 acres for Heron Brook Townhomes Subdivision. Any further discussion? Hearing none, roll -call vote, Mr. Berg. Roll -call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item J. Findings of Facts and Conclusions of Law: 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: Meridian City Council Meeting May 16, 2000 Page 6 Corrie: Item 1 b which is the Item J in the Consent Agenda is Findings of Facts and Conclusions of Law, the CUP 00-011, request for Conditional Use Permit for 40 -lot townhouse subdivision in an R-40 zone proposed for Heron Brook Townhome Subdivision. Anderson: Mr. Mayor, we have some confusion going on. I think the attorney just talked about Item 1.13 and 1.14 which was out of the conditional use permit not the preliminary plat. We just voted on the preliminary plat, so we — he was giving us conditions out of the one that we're working on now instead of the — Nichols: Right, and I apologize for the confusions, Councilman Anderson, Mayor and Council. The only item we changed in the preliminary plat was the item with regard to the Fire Department turnaround in front of the clubhouse lot. Items 1.13 and 1.14 in these Findings in the Conditional Use Permit is what's being changed there. I apologize for the confusion. Anderson: Okay. Just wanted to get on the same page. Corrie: Has the applicant also approved this? Nichols: Councilman Bird, Mayor, members of the Council, again, I represent to the Council that Mr. Unger said he was okay with our changes. Corrie: The record will reflect that. Okay. Any questions from Council? Bird: I have none. deWeerd: Mr. Mayor, I'd like to move that we approve the Findings of Facts and Conclusions of Law for the Conditional Use Permit for Heron Brook Townhome Subdivision to include — to note the changes on 5/16/00 and to have the Mayor sign and the Clerk to attest. Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law for the Conditional Use Permit to include the changes made in the conditions. Any further comments? Hearing none, Mr. Clerk, would you take roll -call vote, please. Roll -call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 1. AZ 99-023 Ordinance No. 874: Request for annexation and zoning of 8.25 acres to R-8 for proposed Woodhaven Subdivision Meridian City Pre -Council Meeting May 16, 2000 Page 5 Stiles: I didn't have new ones. Just wherever it would reference 3-28 should reflect 5-8. Nichols: Mr. Mayor, in order to not put this off any longer, I think it would be okay if Council approved these on the regular agenda and that counsel be instructed to submit a final one that anyplace the date appears it should say May 8th. With that we can just move on and not have this tabled again. Bird: Do we need to pull it from the agenda? Nichols: I think it needs to be put onto the regular agenda. Bird: That's G, and how about O, then? They have — Mayor, can we move that to 1 a? Because 1 is — Corrie: Yes, G to 1 a. Item I. Findings of Fact and Conclusions of Law: 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: Item J. Findings of Facts and Conclusions of Law: 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: Nichols: Mr. Mayor, members of the Council, if I may interject again. Items I and J, there were some errors in my notes when I prepared these Findings of Fact. I submitted a memo to you asking for clarification on some of the items. In fact, Councilwoman deWeerd's motion did clarify those items, and it did refer to the May 2nd letter from Pinnacle Engineers had covered those things, and I didn't have that from the meeting, and it wasn't in my file folder. Mr. Berg had pointed that out to me today. I had revised those, and I have them here with those revisions in them if you want to move that to the regular agenda, I'll pass out the revised Findings, and you can look at those specific items if you wish. Bird: Where do you want to move it, Mayor? Corrie: 1 b and 1 c. Bird: 1 b and 1 c? Okay. Corrie: That's I and J? May 11, 2000 CUP 00-011 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Pinnacle Engineers ITEM NO. J REQUEST Conditional Use Permit for 40 -lot townouse project, proposed Heron Brook Town - home Subdivision, on 3.98 acres in an R-40 zone - NE corner of Meridian Road and Blue Heron Ln. AGENCY COMMENTS 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: See Findings Materials presented at public meetings shall become property of the City of Meridian. GcC l -- `� i —"1'1(0 interoffice MEMORANDUM J?BcF"v:E1D To: William G. Berg, Jr. MAY 1 2 2000 From: William F. Nichols CITY OF MERIDIAN Subject: HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. File No.: CUP -00-011 Date: May 12, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS. Please note the following items will need to be addressed at the City Council meeting this Tuesday, May 16th, so please place this matter upon the Regular Agenda for Council discussion and decision. The shaded portions of the following two sections, talcen from the Decision and Order in the Findings, will need to be addressed at the City Council meeting on May 16th and are as follows: 1.13 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 File Page 2 May 12, 2000 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 drive of the complex. While a variance could be aDDlied for on the front setback, staff does not recommend this be aDDroved. At the hearing. the Planning and Zoning Commission recommendedthat the Citv Council allow a 20 foot setback. The Planning and Zoning Commission further recommended that there be no on -street parking and signs will indicate the restriction. 1.14 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 reauirement for garages cannot be waived as Dart of the CUP process and shall be approved by the City Council. The motion made at the May 2, 2000, meeting was as follows: "Anderson: Mr. Mayor, I would make a motion that we have the City Attorney draw up Findings of Fact and Conclusions of Law and Decision and Order to approve the Conditional Use Permit for the Heron Brook Townhome Subdivision by Pinnacle Engineers and incorporate staff comments." The above matters were discussed but nothing was addressed on them in the motion. Therefore, I believe the Council should address what their intent is on the above two sections at their May 16, 2000 meeting. If you should have any questions please give me a call. msg/ZAWork\M\Meridian 15360M\Heron Brook CUP and PP\C1kLtrCUPffc1s&0rder 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. 05-03-00 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 11-7-21'. 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: 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: 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. 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 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. 1.13 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 drive of the complex. While a variance could be applied for on the front setback, staff does not recommend this be approved. At the hearing, the Planning and Zoning Commission recommended that the City Council allow a 20 foot setback. The Planning and Zoning Commission further recommended that there be no on -street parking and signs will indicate the restriction. 1.14 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. 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. 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. 1.21 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. 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: 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 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 S& Meridian Irrigation District as follows: 5.1 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. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of 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 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. 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 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 1. 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 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; 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 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 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, 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 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 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 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 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. 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. 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 1.7 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: Proposals for Planned Unit Developments shall 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 setbacic 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 shall be provided to demonstrate compliance with this PD requirement. 1.13 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 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 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 drive of the complex. While a variance could be applied for on the front setback, staff does not recommend this be approved. At the hearing the Planning and Zoning Commission recommended that the City Council allow a 20 foot setback The Planning and Zoning Commission further recommended that there be no on -street parking and s Qns will indicate the restriction. 1.14 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 shall be approved by the City Council. 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 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 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 Cleric'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. 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: 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 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: 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 Clerk 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 and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works 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. By action of the City Council at its regular meeting held on the of .2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 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) - 18 day MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By. Dated: City Clerk MSg/z \Work\M\Meridian 15360M\Heron Brook CUP and PP\CUPFindings.wpd 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) - 19 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR A CONDITIONAL USE PERMIT FOR A 36 LOT TOWNHOUSE DEVELOPMENT IN AN R-40 ZONE, LOCATED AT THE NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE, MERIDIAN, IDAHO 05-03-00 CASE NO. CUP -00-0I I ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 16" 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 -00-011 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: Proposals for Planned Unit Developments shall 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 shall be provided to demonstrate compliance with this PD requirement. 2.13 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-011 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 drive of the complex. While a variance could be applied for on the front setback, staff does not recommend this be approved. At the hearing, the Planning and Zoning Commission recommended that the City Council allow a 20 foot setback. The Planning and Zoning Commission further recommended that there be no on -street parking and signs will indicate the restriction. 2.14 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 shall be approved by the City Council. 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. 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-0I I 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 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. 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. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-0I I 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 & 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 , 2000. day of Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. in Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Heron Brook CUP and PP\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6 HERON BROOK TOWNHOMES SUBDIVISION BY PINNACLE ENGINEERS, INC. / CUP -00-01 I EXBIBIT "A° f 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 quar=ter section corner of said Section 6; thence North 89025' East 25.00 feet along the East -;est 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 0008' 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 Norah 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 fallowing 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 READ 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• Norah 89034'50" East 25.00 feet along the Southerly boundary of Gove_-nment Lot 5 of said Section 6 to an i On 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 89034150" East 926.34 feet along the Southerly boundary of Gcvez=ment 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•Sect,*on 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 S of Section 6, North 00°17135" 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 as iron pin; thence South 00009'50" West 72.74 feet to an iron pin; thence North 89050'10" West 1031.67 feet to an iron pin on the Easterly right of way line of Meridian Road; thence South 00016137" West 206.33 feet along the Easterly right of way line of said Meridian Road and 25.00 feet Easterly of and pa-allel to the Westerly bound of Gcve_-3meat Lot 5 of said Section 6 to an i -on pin; thence leaving said Meridian Road right of gray SCINTPO��IT OF BF.G�TING. 68°30'07" East 993.65 feet alcag the centerline of Jackson Dram to the 60 FILE C0P'1 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 -00-01 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 malces 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 low 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 11-7-2F. 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 r 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 -00-01 1) - 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 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. 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 SL 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 i-. 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 r. 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: 1. 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 comer 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 s-� 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 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 Cleric'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 Clerk upon the applicant, the Planning and Zoning Department, the Public Works 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 1164' day of , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED__/-e— COUNCILPERSON I(EITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED4� COUNCILMAN CHERIE McCANDLESS VOTED 4(�— MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: — —tio MOTION: APPROVE : DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. 0,7A0J=V"EA%1R! j 1� Dated: �--l'6 -06) 01 msg/ZAWork\M\Meridian 15360M\Heron Brook CUP and PP\CUPFindiis.wp _ BEAL - 7 I�l3iF��t 1 . �Vkr j'���F9dsFi dY::41.M1t��s 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 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 -calla 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 I 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, 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, 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 -calla 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, 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 April 27, 2000 CUP 00-011 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Pinnacle Engineers ITEM NO. REQUEST Conditional Use Permit for 40 -lot townouse project proposed Heron Brook Town - home Subdivision, on 3.98 acres in an R-40 zone - NE corner of Meridian Road and Blue Heron Ln. 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. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW To: Staff Applicant Affected Property Owner(s) Re: Application Case No. Hearing Date: April 4, 2000 CUP -00-0I I A1Jri1 18.2000 NAWA OFFICE 104 NINTH AVENUE SOuTH POST OFFICE BOX 247 NANIPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX ( 08) 46613405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVE]) APR - 6 2000 CITY OF MERII)IAIN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the Uity Council at the public hearing on the above referenced matter by the Planningand Zoning Administrator. Due to the volume of matters which the City Council must decie, 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 pre ared to state your position on this application by addressing the Findings and Recommendations of the Plarnung and Zoning Commission; and 2. That you carefully complete (be sure it is le'ble) the Position Statement if You disagiree with the Findings andgRIecommendations of the Plantung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pr.- 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 willbe cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strongX recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly your City Attorney's ffice Iy/ F.. WM. F. GIGR Y,111 III 200 EAST CARLTON AVENUE BRE BRENT J. JOHNSON JOHNS POST OFFICE Box 1150 D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-1150 WILLIAM A. MORROW WILLIAM F. NICHOLS CHRISTOPHER S. NYE PHILIP TEL 208 288-2499 (08)288-2501 A. PETERSON STEPHEN L. PRuss FAX ERIC S. RossMAN TODD A. RossMAN DAVID M. SWARTLEY Ti UUNCEK WHITE To: Staff Applicant Affected Property Owner(s) Re: Application Case No. Hearing Date: April 4, 2000 CUP -00-0I I A1Jri1 18.2000 NAWA OFFICE 104 NINTH AVENUE SOuTH POST OFFICE BOX 247 NANIPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX ( 08) 46613405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVE]) APR - 6 2000 CITY OF MERII)IAIN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the Uity Council at the public hearing on the above referenced matter by the Planningand Zoning Administrator. Due to the volume of matters which the City Council must decie, 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 pre ared to state your position on this application by addressing the Findings and Recommendations of the Plarnung and Zoning Commission; and 2. That you carefully complete (be sure it is le'ble) the Position Statement if You disagiree with the Findings andgRIecommendations of the Plantung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pr.- 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 willbe cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strongX recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly your City Attorney's ffice Iy/ RECEIVED BEFORE THE PLANNING AND ZONING COMMI! APR 13 2000 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 40 LOT TOWNHOME PROJECT "HERON BROOK TOWNHOMES SUBDIVISION" PINNACLE ENGINEERS, INC. Applicant Case No. CUP -0( CITY OF MERIDIAN CITY CLERK OFFICE RECOMMENDATION TO CITY COUNCIL 1. The property is located at the northeast corner of Meridian Road and Blue Heron Lane, Meridian, Idaho. 2. The owners of record of the subject property are Lyn Hellen and Glen Anders of Boise, Idaho. 3. Applicant is Pinnacle Engineers, Inc. of Meridian. 4. 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 11-7-2F. 5. The proposed application requests a conditional use permit for a 39 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 RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB — PINNACLE ENGINEERS, INC. Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: 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. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB — PINNACLE ENGINEERS, INC. 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 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. 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: 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 RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB -- PINNACLE ENGINEERS, INC. 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. 1.13 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 drive of the complex. While a variance could be applied for on the front setback, staff does not recommend this be approved. At the hearing the Planning and Zoning Commission recommended that the City Council allow a 20 foot setback. The Planning and Zoning Commission further recommended that there be no on street parking and signs will indicate the restriction and curbs will be painted red. 1.14 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 RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB — PINNACLE ENGINEERS, INC. --►, 101� 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. 1.15 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. The Planning and Zoning Commission further recommended the 35 foot buffer and the developer should 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 RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB -- PINNACLE ENGINEERS, INC. r-. 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. 1.21 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 if the building plans will be uniform throughout the entire project or if there will be design options provided to each purchaser. 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 RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB — PINNACLE ENGINEERS, INC. 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. ey/Z:\Work\MWeridian 15360M\Recommendations\HeronBrookCUP.Rec RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB -- PINNACLE ENGINEERS, INC. yJ VVl 1910 University Dr. Boise, ID 83725 Telephone (208) 426-1414 FAX (208) 426-3006 Fay( Nl� To: Frame Dr. Kent eely, Associate Dean LrdG. College of Arts & Sciences Fa�7g Phone: Date: 2/- Am CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Commentsc ru la of y of :'Yferidia.-, c1ty C?erk Pffic.; APR 12 '00 11:15 208 385 3006 PAGE.01 WHITE, PETERSON, PRuss, MORROW & GIGRAY, P. 4 - To: StaffiiApplicant/Affected Property Owner(s) Re: Case No: City Council Hearing Date: FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that thm& Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing an the above referenced matter by the Planning and Zoning Administrator. Due 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 Con unission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planxiing and Zoning Commission: and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Finding 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 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\Wark1M\Mer1d1nn 15360NWe6dian Forms\R=Endomzc1rr APR 12 '00 11:16 Zoe 3e5 3006 PAGE.04 AT ,MnY3 AT Law hA MnY1N F=2e-x WM. F. QCRAY. In 200 P.4.2T CAR1 TON AVENUE N A NTA OFFICE D. SAMM IOYINCON Posr oFFICS Bax 1150 104 NrM AVMAMS0VTH WMLIAMF N(CR=NAWA. VIDIAN, IDAHO 83680-1130 ZnA1 0 87653-0247 cHa murtm S. Nye TFL (208) 466-9j,7j, PI m8 A. P6nxwN Tia. (208) 286-xe" FAX (20t) 466 JM5 Sm"w L PRvss FAX(2U3)2S1-Z301 EWC S. ROsSMAM TCMD A. RO MM PL8r= RRTLY To DAVm M SwAMEY M=IAN 0%MC6 Tr7U W=R. W= To: StaffiiApplicant/Affected Property Owner(s) Re: Case No: City Council Hearing Date: FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that thm& Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing an the above referenced matter by the Planning and Zoning Administrator. Due 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 Con unission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planxiing and Zoning Commission: and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Finding 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 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\Wark1M\Mer1d1nn 15360NWe6dian Forms\R=Endomzc1rr APR 12 '00 11:16 Zoe 3e5 3006 PAGE.04 Position Statement Case No. Name of Applicant: yJ77V--V,,L ECI�IVED APR 1 2 2909 City of Meridian City Clerk 0=7ic:- C�.P —pct - o \\ o.*•cb -'�'- oo - 004 ik%r0rL j�-ool� lOLx3n hnA., � jd',viSiOr� To: Meridian City Council — - From: S �, �\ , , l.Sn2�o�. name] Y have reviewed the Findings and Recommendations of the Planning and Zoning Commission with which I 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 Recommendations 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 how you request it should read] § [should § [should readl lshould 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 how it should read] I APR 12 100 11:15 208 385 3006 PAGE.02 Dated this 1,;, day of � ,l . 2000. Signed: cz\ IQ Copy served upon Applicant, Planning and Zoning Department, Public Works Deparu neat and City Attorney. Received in the record:—/ / By. William G. Berg, Jr., City Clerk ms%\Z:\Work'JVWaidiam 15360M\PLANNTNG AND ZONTNC. FII.E\PositionStat==r APR 12 '00 11:15 20e 3e5 3006 PAGE.03 Meridian Planning and Zoning 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 Zoning 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 and Zoning 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 and Zoning 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 Zoning 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 and Zoning 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 Zuning 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 and Zoning 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 and toning 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 Zoning 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 Zoning 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 Zoning 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 wail 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 coning 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 and Zoning 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 and Zoning 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'll 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 sifting 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 Zoning 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. If 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 Zoning 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 be an 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 drive ways 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 Zoning Commission 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 and Zoning 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 staffs 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 ACRD. 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 Zoning 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 I 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 Zoning 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 Zoning 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. 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 Zoning 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 Zuning 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. 1 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 Zoning 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 Zoe ging 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 Zoe ang 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 Zoning 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 22"d 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 r-. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 40 LOT TOWNHOME PROJECT "HERON BROOK TOWNHOMES SUBDIVISION" PINNACLE ENGINEERS, INC. Applicant Case No. CUP -00-01 I RECOMMENDATION TO CITY COUNCIL 1. The property is located at the northeast corner of Meridian Road and Blue Heron Lane, Meridian, Idaho. 2. The owners of record of the subject property are Lyn Hellen and Glen Anders of Boise, Idaho. 3. Applicant is Pinnacle Engineers, Inc. of Meridian. 4. 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 11-7-2F. 5. The proposed application requests a conditional use permit for a 40 lot wonhome 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 RECOMMENDATION TO CITY COUNCIL - I CONDITIONAL USE PERMIT — HERON BROOK TOWNHOMES SUB — PINNACLE ENGINEERS, INC. March 10, 2000 MERIDIAN PLANNING & ZONING MEETING: March 14 2000 APPLICANT: PINNACLE ENGINEERS, INC. ITEM NUMBER: 3 REQUEST: CUP FOR 40 LOT TOWNHOME PROJECT ON 3.98 ACRES FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: STAFF COMMENTS COMING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: (e 1"' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: IS= SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS C^ All Materials presented at public meetings shall become property of the City of Meridian. NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie THOMAS BARBEIRO, P/Z (208) 288-2499 • Fax 288-2501 HATCHER, P/Z CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS _KEITH CORRIE, MAYOR BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-1-211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83632 U.S. WEST(PRELIM & FINAL PLAT) _KEITH de WEERD, C/C (208) 888-3433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (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: CUP -00-011 REQUEST- CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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 HATCHER, P/Z ADA PLANNING ASSOCIATION _RICHARD BORUP, P/Z CENTRAL DISTRICT HEALTH _KEITH CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _ROBERT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _KEITH de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _TAMMY _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT _CITYATTORNEY AM A( C(:0 S"-'�f��" '�`'/�rr�% A/4' fiJ ENGINEER _CITY PLANNER _CITY �- e©n; � S1'se�r April 26, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: Conditional Use Permit for Heron Brook Townhouses and Preliminary Plat Review for 3.98 Acres Currently in an R-40 Zone Dear Commissioners: The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of the above-mentioned proposed project. The recorded easement of the Jackson Drain is 60 feet, 30 feet from the center each way. However, the District reserves the right to claim what we deem necessary to operate and maintain this facility. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office VVate. Su�GriilLCi:dent y 2 1000 kz?j Meridian, rk Offiv (X � S, APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 IJINN A CLE Engineers , Inc . MAY 0 `2 7000 C=ity Clerk fne� 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 a 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 site 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 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 a fire hydrant in the clubhouse lot area. We will do whatever 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. _ C WHITE, PETERSON, PRUSS, MORROW & GIGRA ATTORNEYS AT LAW` JULIE KLEIN FIscHER PHILIP A. PETERSON Z00 EAST CARLTON AVENUE, SUITE 31F NAMPA OFFICE Wm. E GIGRAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. RossMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. ROssMAN TEL (208) 288-2499 NAMPA. IDAHO 83653.OZ47 WILLIAM A. MORROW DAVID M. SWARTLEY TEL (208) 466.9272 WILLIAM F. NICHOLS* TERRENCE R. WHITE** FAX (208) 288-2501 RE C \ VJ DFAX (208) 466-4405 CHRISTOPHER S. NYE G 'ALSO ADMITTED IN OR "ALSO 13 2000 ALso ADMITTED IN wn PLEASE REPLY TO MERIDIAN OFFICE City Of Meridian City Clerk Office FACSIMILE TRANSMITTAL DATE: TO: COMPANY: FAX #: S 59 - z1—a18 PHONE: TIME: FROM:C White, Peterson, Pruss, Morrow & Gigrav Meridian Office PHONE: (208) 288-2499 RE: CJ d ! z C��� f � / /� L��c��c��� . NUMBER OF PAGES: (Including cover sheet) J Confidentiality Notice: The contents of this transmission are intended to be seen and used oniv 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. 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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: HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN IDAHO 83642 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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: 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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 1. 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) RECE-t"V, FEB - 4 2000 REMIVED FEB - 3 2000 War MSudian �► NUB OF TREASURE VALLEY MAYOR `' A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (203) 233-2499 - Fax 283-_, 501 CITY OF MERIDIAN CITY COUNCIL MEMBER PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83632 (208) 887-2211 • Fax 887-[2297 Tammy deWeerd (208) 388-4433 • 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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 1. 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) RECE-t"V, FEB - 4 2000 REMIVED FEB - 3 2000 War MSudian �► Preparing O Todoy's O 01 Students for Tomorrow's n Chollenges. • Fogle . Mer�d�a°. SUPERINTENDENT Christine H. Donnell February 8, 2000 • Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: REcETVED F F 8 0 9 2000 City of Meridian city Clerk Offiec- Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Blue Heron BrookTownhome Subdivision Elementary School: Chief Joseph Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chief Joseph Elementary School is over capacity. Meridian Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is at capacity. We can predict that these homes, when completed, will house ten (10) elementary aged children, seven (7) middle school aged children, and seven (7) senior high aged students. Sincerely, 1�' Jim Carberry, Administrator of Support Services CCWIRCENTRAL F DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return tet CES; F E 9 - 9 2000 Conditional Use # C(.2 — 00-0 I ( C I T Y U2 Preliminary / Final / Short Plat ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz ❑ 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 ❑ community water well ❑ interim sewage central water ❑ individual sewage AK individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare ` Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water �j ❑ sewage dry lines central water �J 10. Run-off is not to create a mosquito breeding problem. ❑ I I. 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 L1'I 14. Sdiy` A .1�J _670— �r� �t.utJ , f 7� Date: Reviewed By:il�,/t,�g� COHO 10/91 r6, rev. 7/97 Review Sheet (ff=-0EF,.ART.,,iE-NT oI,-.:lcr��l NEAP ru pre,ertr mrd treul disease and disa.7dity: ru prritmicd heal:h? hiesryies: and to grnlev and prumure the heuldr acrd grualttY u/ uttr en�rfrnrnrent. STORMWATER IM-ki iAGEMENT RECONEMENDATIONS We recommend that stormwatec be pretreated through a gassy swale prior co discharge to c�,e subsurface cc orevenc impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a smr-mwacer management system that is preventing groundwater and surface water degradation. Manuals chat could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best Nfanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Or Environmental Quality, July 1997. 2) Scormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Depar=ent, January 1997. Sco rm water 3/93:dly SerriR�7 Ti¢!lrv, Elmore, Boise, and Ada Counn"es Acc / SCii9 CCunry Ofr'C9 ACC -WIC SC-t-MUI9 OfffC9 Eimcm County CMC9 r1C.ttay County CMICS ?r7CJ N. 1; iC 7 -^r6?I. nn :I=+C?—qe• VC a.C=7 . 0. e-.'d9 .tC .Z%.i4C4 -nvrr:. :n: ' air: PChi. S:2.i�'C.i.'. _ . �cctn::G ell"itQ.'iecvm O41. a°Cna.IQ mccv: to..=.'C: 4 3Ct r'^l!rhr �•3C::�.:ai•�G7 %h- �,j../ICd 127•7.:CC �•t:C. 33a•J.___? `Vic. `n;_.^.:C Fr•X tZ--•Z17,1 rr..r..•�rot.aCr.i::Z1.7dX yorrr `turnrtCn• 1'1.T:L� PA;f::d7.3-2' fnC 127•7,L?; ® F.t.( :V-Aam February 9, 2000 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 i F E 0 10 2000 CITY 017 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: PP-00-004/CUP-00-011 Proposed Heron Brook Townhomes Dear Mr. Berg: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of this proposed project. The operation and maintenance must be done from the side of the proposed project as the other side has been developed into a common area/parkway. No encroachments are allowed without a pre -approved license agreement in place. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File Board of Directors Secretary -Treasurer Water Superintendent Pinnacle Engineers, Inc. — Bob Unger APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Sent By: City oT Meridian; 2088886854; PINNACLE No Engineers, Inc. 870 N. LNDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX EN wl�n OR;` OF " "�= NO - if 4 �=W 1 WE ARE SENDING YOU U Shop drawings Q 11 x 17 Drawing(s) O Copy of letter Mar -14-00 2:25PM; Page 1 LETTER OF TRANSMITTAL 0 Attached ❑ Under separate cover via ❑ Blueprints ❑ Sepla&Vellums ❑ Calculations ❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar O Change Order ❑ the following Items ❑ SpeClflCafions 0 6-1/2 x 11 Drawing(s) ❑ Field Report THESE ARE TRANSmFTTED as checked below: ❑ For review lz�or your use ❑ As requested O For review and comment Q FOR 9108 DUE ❑ No exceptions taken 0 Make corrections noted 0 Revise and Resubmit ❑ U Resubmit coplea for approval ❑ Submit copies for distribution ❑ Retum corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US a-vrT SIGNED: Jed, MAR 14 '00 14:2e 2RRRRRF,A-,a onrr n" -P LaserJet 3100 oEND CONFIRMATION REPORT for Tinter/Fax/Copier/Scanner City of Meridian 2088886854 Mar -10-00 6:01PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 456 3/10 5:57PM 3'34" 208 887 7781 Send ..... I--.... 10/10 EC144 Completed.. _.... ....... ..... rCllJ.tb Jefll: IU Z0LC„aA..,ftM M.-- 0 max 1.+aie (2006 M31) Fe[QO,p,.Apa rages rrintea: 0 Ta Bob U(qx no spfy8 08Y sea 887-7781 wen Vlow P- H*=Mrwk-•.Ifcwrwt, ca ❑ 1 0 Por Rwbw ❑ h.... c--* ❑ M.r. R.Ov 0 N.t. Maya. FEcENEI) MAR 133 2000 City of Aleridiarz City Clerk Office HP LaserJet 3100 Printer/Fax/Copier/Scanner SEND CONFIRMATION REPORT for City of Meridian 2088886854 Mar -13-00 8:28AM Job Start Time Usage Phone Number or ID Type Pages Mode 462 3/13 8:25AM 3'39° 208 331 9367 Send .............. 10/10 EC144 Completed Total 3'39" Pages Sent: 10 Pages Printed: 0 200 E. Ce4m AA., ft,, 201 W—r . Ib 6368 Ph— (206)0646W P— (206)BW4&g To Glen Arden Frain S-Va Day P— 331-W Dari 31300 phi P"— 10 (ndu*y wwr) R. FWm0(00k-SW10atynenm cc. ❑ urywA 0 For Red— ❑ Pleeee caenla't 0 Reece Reply 0 Pleeee Recycle Status ECENET MAS 1 3 2000 t-'ity of Aleridia,, "itv C'terk Offiee PINNACLE Engineers, Inc. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: WE ARE SENDING YOU JV Attached ❑ Shop drawings ❑ Blueprints ❑ 11 x 17 Drawing(s) ❑ 3 1/2" disk ❑ Copy of letter ❑ Change Order LETTER OF TRANSMITTAL DATE: 14 /l h JOB t q q (oa)� ATTENTION: RE: ❑ Under separate cover via ❑ SepiasNellums ❑ Calculations ❑ Mylar/Ammonia Mylar COPIES DATE REV. NO. DESCRIPTION l l alt -fay Od � 4 THESE ARE TRANSMITTED as checked below: ❑ For review �or your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ No exceptions taken ❑ Make corrections noted ❑ Revise and Resubmit ❑ � A'I-, Akio", � ❑ Specifications ❑ Field Report the following items ❑ 8-1/2 x 11 Drawing(s) ❑ Resubmit copies for approval ❑ Submit _ _ copies for distribution ❑ 1_ corrected prints '1RNED AFTER LOAN TO US COPY TO: SIGNED: LQ. PINNAC.] E Engineers, Inc. TO: Brad Hawkins -Clark, Planner Meridian Planning & Zoning 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Jvi 1, DATE: March 14, 2000 MAR 14 2000 City of Meridian RE: Heron Brook Townhomes Subdivision City Clerk Offiee Dear Brad: In accordance with your staff report dated March 10, 2000 on the above referenced project, we submit the following response: GENERAL REQUIREMENTS 1. We concur with staff on items 1 thru 9. 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 square footage of common space is 17,336.8 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 project is a conservative 36,800 sq. ft. which more than doubles the required amount. 4. Staff is correct is stating that there is no minimum lot size or street frontage requirement in the R-40 zone. R-40 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. The proposed carports, 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 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 1 (208) 887-7760 - FAX (208) 887-7781 40' easement along the Jackson Drain. Initial indications from John Anderson are that such an encroachment is possible. Final determination will be made during the Final Plat process. 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 trying to reduce the amount of lawn and landscaping to be maintained by the individual owners. Reduced setbacks reduce this individual maintenance issue. 5. Zero lot line townhouses are not addressed within the Code when reviewing parking or garages. Although it seems logical to require the same as duplex housing, it does not work well with a project designed and marketed for seniors. Most seniors do not have two vehicles. We are providing 1.5 parking spaces within the carports. As stated above, the proposed carports, 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. 6. We concur with staff in their evaluation. We ask that the commission forward our applications to the Council with the request that legal staff review and address this issue prior to the City Council hearing. We also would like to point out that the subdivisions on the west side of Meridian Road (Waterbury Park & Meridian Manor) provided only 20' landscape buffers along Meridian Road. We will be using a combination of seepage beds and drainage swales (outside any required planting strips) to manage on site drainage and will be discharging some drainage to the Jackson Drainage at predevelopment rates as provided for by Nampa -Meridian. 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 professional maintenance company, minimal storage is being provided in each unit and the clubhouse. 10. A colored rendering will be provided for the Council's review. 11. A pathway linking the clubhouse to the northern pathway will be provided. Please see attached revised plan. 12. Updated CC&Rs are being finalized for the project. We have provided 3 general house plans on the site plan and as a part of the CUP application. These plans will be used as reflected on the site plan. 13. No comment. PRELIMINARY PLAT COMMENTS 1. Street name and subdivision name approval will be provided with corrections if needed. 2. Fire hydrant placement will be coordinated with Public Works. 3. We will enter into a re -assessment agreement with the City if needed. 4. Sanitary sewer services will be extended as required by Public Works. 5. Water services will be extended as required by Public Works. 6. Streetlights will be installed as required by Public Works. 7. Underground pressurized irrigation will be installed to all lots through Nampa -Meridian Irrigation District. 8. A detailed landscape plan for the common areas, including fencing, pathways, and type of construction will be provided prior to final platting. 9. Right-of-ways will be dedicated as required by ACHD. 10. This letter is our response. 11. We will be using a combination of seepage beds and grassy swales to handle drainage. We will be discharging to the Jackson Drainage at pre -development rates. 12. The design engineer will provide a statement of compliance pertaining 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 stub of the common drive with Kenny Bowers (Fire Chief). The distance from the intersecting drive to the western end of the drive is 146.75' which relieves us from installing an emergency vehicle turn around. COMPREHENSIVE PLAN POLICIES Generally, we agree with staff's comments on 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 common open space be within a dedicated lot for the simplicity of maintenance by the Homeowners Association. As such, we revised our plan to comply with the Director's recommendation. We have made some minor adjustments to help reduce the "tunnel" effect and to increase our setbacks. We ask the Commission and Council to take this into consideration. 6.11U — We believe that this project is well-planned and well-designed and has taken into consideration the needs of the community for affordable housing, particularly the needs of seniors. This property has some extensive restraints. Dedication of ROW for Meridian Road, Blue Heron Drive, and a 40' easement for the Jackson Drain substantially restrict the use of this property. This total area of unusable land is 1.25 acres. This area subtracted from the 3.98 gross acreage left us with 2.73 acres of usable land. We believe we have met the intent of the Comprehensive Plan and are providing needed senior housing for the City. We understand that there are issues that must be addressed by the Council and 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 this application. We understand that posting of the hearing on this application is in question. The site was posted on February 28, 2000. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincerely, Robert C. Unger Project Manager cc: File #C996218 Lynn Hellen E0'3Jdd MAYOR ZS0S8888� HUB OF TREASURE VALLEY F 62: t7 T 00, be EE -=1 Robert D. Corrie 1 Good Place to Live LEGAL DEPARTMENT CITYOF `=0$' 288-24(y) .Fax 288.25()lCCTV COUNCIL MEMBERS Ron Anderson MERIDIAN 33 EAST IDAHO PUBLIC LIC wORKs BU(LDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Pax 887.1297 EN� Tammy deWeerd Chcnc McCandless (208) SSS -4433 • Fax (208) 887.4613 '� City Clerk Oflicc Fax (208) 888-4218 Ir P dl PLANNING AND ZONING q DEPARTMENT 2000 (208) 884-5533 . Fax 888-6854 ity of McTidaai, TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations vAll 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION BY: PINNACLE ENGINEERS INC.. LOCATION OF PROPERTY OR PROJECT: NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE SALLY NORTON, PIZ 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 %,k—' -SAN rrARY-SERViC &j =13UILDING DEPARTMENT —FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY `CITY ENGINEER CITY PLANNER Z0 39t8 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:� (v«c ���1� 30IA113S AcbViINVS ZS SRRRRA7. 7.> :CT R[?A7/bGi/7a z0 EJdd bbLBb888aZ 9S:9T 00, b0 HEd MAYOR Robert D. Currie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 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 Clcrk Office Fax (208) 888-4218 LEGAL DEP.iRT.mENT (2N) 288.2499 - Fax 255-2501 PUBLIC WORMS BUILDING DEPARTMENT (208) W-2211 - Fax 887. 1297 PLANNING AND ZOMNO DEPARTMENT' (208) SS11-5523 - Fax 888-6S5a 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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 ob: (Aj zn/zaa MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) AOA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR e IAN F E g - 4 2000 CITyOF NIER : MAYOR Robert D. Corrie HUB OF TREASURE VALLEY 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: CUP -00-011 REQUEST: CONDITIONAL USE PERMIT FOR 40 -LOT TOWNHOME PROJECT ON 3.98 ACRES CURRENTLY ZONED R-40 FOR PROPOSED HERON BROOK TOWNHOMES SUBDIVISION 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, CIC _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: SUU.jIVISION EVALUATION .EET j?,BC-EPV,E]b FEB 18 2000 Proposed Development Name Blue Her on Brook Townhome Sub File # PP-00-0WY OF MERIDA l Date Reviewed 2/10/00 Preliminary Stage XX Final 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." V. WATERBURY DR." "W. WOODBURY DR." and "E. WOODBURY DR." There are no new street names proposed for this development. 3//1C.1- 9,,,�11J/1 /Ing/Sr�.� !,)Il/ AP The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A ENCY REP ESENTATIVES OR DESIGNEES i � Ada County Engineer John Priester I ,z C � i Date �Ilallv Community Planning Assoc. 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