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Penn Station Apartments AZ 00-011~. 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 6:30 p.m. on May 24, 2000 for the purpose of reviewing and considering the application of Pangaea Land Planning for annexation and zoning of 3.4 acres zoned RT, R1 (Ada County) to R-15 for a proposed 40 unit apartment complex. Furthermore, the application requests a conditional use permit for the two parcels for proposed Penn Station Apartments. 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 28th day of April, 2000. ~4,i`~~~tisiarurrlr~ 6~. ~' y \ _. \ r 6J ~ Y ~•", ~ .. .+y p '',.. Wes: ~ \ PUBLISH Ma 5 arid, rr- ~ ``~~ y <. 34,1 S,; ~Qt. ~~rn::~- ,;~t~` ::.. `_ /~ ~ LIAM G. BERG, JR., I CLERK . .-..,./ . ~~8 O, ~~ 0 _ - - - - . 35 ~ 2 ~ E ~ ~~ ~ ~ ~L~~ • `~ N 6 a cj~~ ~~ 3 0 -~ G~SS ~ O ,.~ o r ~ ~ ~ ~- ~ ~C i ® =~ ,. , ~= ~ ~ ~~` ~ ~ ~ a d a k"~,Y~ - ~ ~_ ~ ~ ~ - ~ ~ v ~ • ~ '•~ i- ~ .. ~ - b ~ ~ ~ 3 ~~ -`ate ~ ~ ~ ~/!~~ ~ ~ J Y ~ ~ TRASH lip = _ i ~ C ~ `4 r ~ __ ~ s. - -_ ~~ ~ i -, Qr° - -- m ~~ 1 _ _~ ~- _ i a Z \ ~ -~ c, .~. o .Q ~ _ ~ ~~ L -~ ~` D ~ T s .~, "' ~ ~ O .° ~~ ~ A ~ ` ~ m t ~:. _ Y•. ~T' ~ ~ ' C I A y L~J ~ 5 ~ ® ~ ~ ~ L- O ~ ~ ~ ~ ~ ~~ O ~ _ - ' ~ ' ~ O ~ Y ~ f' -r ~ t t ~ J - ~. ~ I I ~ R l- `, t- i _ im , rs~ `' ~ T~ v p ~~ _ • ~ ~ . ` z ~ ~ / 0 ~ ~ -~ ~a _ ~ ~ ~ ~ ~ r - - - :o C ~ r _ ~ % ~ ~ ~~, '-~ - ` ~5~ ® ~ ~ ~ i. _ d ~~ - y j. "'Y f O ` . d+ ~. {*r y __ __ ,L ~ ~. ~ L 2 F._ 'r f 2 f o i 3 2~ c x ~°I4~~ ~~~ ~zo o~ ~J~ O -1 o ° tiW~~ Ox' ry ~') ::. ?; y; C ~ [~ v,~n"'~ W ,~ w ono ~, ~ N p O •$So°~' i '~ fey ~ ~ ~ ~ pWW$ 2'"2o N~~ t : ± d C , ~ ~ xv N,;. a;a :~ ~' "1 Lam, e ~a e ? ~ Z 2 ~`~ e•'~`~a ~ ~ ~ WW0~2 m .~aia..aeac ~ (~ ,.. m " p ~q ,o o WyF ?" 3 0 u o'` m ;a. e~ ai~2 :~a .4e~ :, r Or m~ ~ i :,_ ~`© 4 o .~ • U 9~ N . ^~ A 'Z _ U v ~, ri i 9 i"` i x 0 U w y4 h O ~w v i O ~ .si ra•' e ~ :~ ~ ~,"0 ~ J+: s $ e 4 _ ~ ~+r,• ~ ^:: ~:' ~ ~.•~• 0 ~~~ 5 y Sr'~ i9 a~~'' ae ~L~' 3.it.ss i+ t;, 3' Lg S~ ~L N t alt 9 d ~nP a qj W ° ' ~'~ ~ m. ~ $~c. M ~ ,~~r e ° 4r (~}~ ~$ W~S. ~~$ I`. 7 a W° W y m a ti re 'g. x ~~` i~~s ~~s+ ~; ~++ ~p~ $° tl~ 8 H ~' 7 ~ v, o h S 3 M N ~ fl4 MAYOR Robert D. Corrie 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) 888-44.33 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-250] PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING 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: Mav 12, 2000 TRANSMITTAL DATE: April 21, 2000 HEARING DATE: Mav 24, 2000 FILE NUMBER: AZ-00-011 REQUEST: 3.4 ACRES ZONED RT, R1 (ADA COUNTY) TOR 15 FOR A PROPOSED 40 UNIT APARTMENT COMPLEX TO BE CALLED PENN STATION APARTMENTS BY: PANGAEA LAND PLANNING (DAREN FLUKE) LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY 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 COMMUNITY 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: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 ~~~~ ~~~ ~ 3 ,~ ~~,, :_ PROPOSED NAME OF b` r ' ~~ yt'a~=v-.~ GENERAL LOCATION: ~" ~iN~~ `4n. J.~ ..r-~ ~ : _ _ ~ _ _ ,- TYPE (RESIDENTIAL, INDUSTRIAL, COMI~~RCIAL): ~ ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: Ya[` ~.~~' PROPOSED LAND USE: PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: APPLICAT ADDRESS: ENGINEER, SURVEYOR, OR PLANNER: `~'~, .~~1~ PHONE: ~ - g~ ADDRESS: F1~~ ~ 1 ~ _ u~l:. nJ- Cl-'~ OWNER(S) OF RECORD: ADDRESS: ~~, Signature ofApplicant ,"~ Development Narrative Penn Station Apartments 3-31-2000 Applicant c~ Land Owner Applicant Pangaea Land Planning Attn: Daren Fluke 408 W. Idaho St. Boise, Idaho 83702 345-3800 Owner Centers Construction, Inc. P.O. Box 518 Meridian, Idaho 83680 Telephone: 888-1852 Facsimile: 884-8938 Location This project is located approximately 620 feet south of Fairview Avenue on the east side of Stonehenge Way in Section 7, Township 3 North, Range 1 East. The subject property is comprised of three tax parcels and contains approximately 3.4 acres of land. One parcel currently lies within the Meridian city limits and is zoned C-G. The other two parcels lie within unincorporated Ada County and are zoned RT and R1. The land to the south and west is developed with single family dwellings within the Danbury Fair Subdivision and is zoned R8. There is a vacant parcel to the north adjacent to Intermountain Outdoor Sports, both parcels are zoned C- G. The parcel to the east contains a single family dwelling and is zoned RT. Site Overview The site is currently vacant and is surrounded on three sides by development. Agricultural activities no longer occur on the site. Access to public right-of--way is provided by approximately 97 feet of frontage on Stonehenge Way which provides access to Fairview Avenue to the north. The site is constrained by its irregular shape (narrowing and coming to a point in the south) and the location of the Settlers Canal which forms the northern boundary of the property. The shape and size of the property make it unsuitable for development with single family dwellings and the proximity to residential land uses make it unsuitable for commercial development. Project Overview Annexation The land owner is requesting annexation for the two parcels currently outside the Meridian city limits. Those parcels are zoned RT and R1 by Ada County and contain approximately 3 acres. The third parcel contains approximately .3 acres and is zoned C-G. Said parcel is about 60 feet wide and contains the Settlers Canal. Upon annexation the property owner requests that the entirety of the property be zoned R-15. Conditional Use The land owner wishes to develop the property with 10 multi-family residential units containing four dwellings each for a total of 40, two-bedroom residences on the three acres. The resulting gross density of 11.53 units per acre falls below the 15 units per acre allowed by the R15 zone and works well for the site. Subdivision of the land is not proposed and the development will be owned and maintained by the current land owner as a single development. Project Design As designed the project accommodates ten, two-story buildings (25' in height) and ten carports providing forty covered parking spaces. Each building contains four, two-bedroom units within a footprint of 54'x 44' and is provided with two parking spaces (one covered, one not) and a patio or deck. The site design was created with the primary objective of keeping the buildings as far as possible from the adjoining single family dwellings lying to the west in the Danbury Fair Subdivision. To that end the site plan dimensions a 10' buffer strip with extensive landscaping and a six foot cedar fence, and a 25' driveway adjoining the western property line. The project makes use of an internal loop drive providing access to Stonehenge Way for all of the parking and each of the units. The internal drive will be developed to a 25' road section with curb and gutter. Sidewalks are to be constructed at the front of each building and between buildings, providing safe and convenient pedestrian access to Stonehenge Way and effective internal circulation for pedestrians. In addition, the owner proposes to provide a meandering path adjacent to the Settlers Canal on the north of the site with a stub connection to the property to the east, eventually providing pedestrian access to Locust Grove Road when the adjoining parcel develops. The project will be extensively landscaped and will contain an attractive entry feature including a stone identification sign and landscaping. Almost two acres (1.99 acres) of the site has been left in open space and landscaped areas with common areas to be planted in grass and provided with picnic tables and barbecues. Meridian Comprehensive Plan The Generalized Land Use Map contained in the Meridian Comprehensive Plan designates the property as Mixed /Planned Use Development. Pertinent policies are found in the land use, transportation, open space and parks, and housing sections of the plan. In general the site is very well situated for this type of development. The land to the west is already developed with detached single family dwellings on lots of 6,000 to 8,000 square feet, the parcels to the north are or will be developed with retail commercial land uses and the it is likely that the parcel to the east will be developed with commercial or office type land uses. This project will make an excellent transition /buffer between the single family dwellings in Danbury Fair and the more intensive commercial land uses on Fairview Avenue and Locust Grove Road. With regard to the policies of the Meridian Comprehensive Plan pertaining to land use, please note the following: • The proposed project provides apartments in an area that is well served by the necessary commercial services and fixture transit lines. The people living in this development will be able to walk to obtain many of the necessary, day to day services such as restaurants, retail services and professional services. 2 --•, r,.~ • Although the project does not contain a neighborhood park, almost two acres of the site is given to open space and landscaped areas and a path is proposed to the east providing the opportunity to walk to Locust Grove Road and points north without driving. Given the size and configuration of the parcel the proposed layout provides open space that is both useable by the residents and aesthetically pleasing. • The project as designed and proposed will be an improvement over the existing condition of the site and will enhance both the visual appearance of the area and the value of surrounding properties. This is exactly the sort of project that the plan envisioned when it talks about quality infill development. • Paved sidewalks are provided within the development and will provide safe and convenient pedestrian access within the development and good connectivity to the existing public right-of--way. Irrigation The applicant proposes to the the flume canal which lies south and parallel to the Settlers Canal. The Settlers Canal forms the northern boundary of the property and will be left open. In accordance with state law, any imgation waters that run through the property will be left undisturbed and will continue to downstream properties. A pressurized irrigation system will be installed to serve the development with water coming from the properties existing allotment of surface water from the Nampa & Meridian Irrigation District. Drainage This property presently accepts drainage water from development to the south and will continue to do so post development. A drainage plan is being developed that will accommodate a 100 year storm event by collection in the south and subsurface piping to the existing point of exit at the north of the property. Water & Sewer Water and sewer service currently exist in Stonehenge Way at the north boundary of the property and will be extended to serve the development. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Access issues have been preliminarily discussed with the fire district. Other Utilities Public utilities, such as power and communications, will be extended underground into the project. 3 .~ •~+~, Affidavit of LeE Centers For Annexation and Conditional Use Permit I, Lee Centers, do hereby swear and affirm that: I am the owner of the real property herein described by warranty deed and attached legal description and consent to the submittal of an annexation and conditional use request on the subject property; I agree to pay all reasonable and legal additional sewer, water, and trash fees associated with the development of the subject property as described in the above noted annexation and conditional use applicatio~ls; I have read the contents of the above noted applications and affirm that the information contained therein is true and correct to the best of my knowledge; The subject property will be posted a minim~rn of one week prior to the public hearing. Said posting will describe the application and the date, location and time of the public hearing. Signed and affirmed this _,~rE?l da of y ~i , Zooo. Lee Centers, Centers Construction ~,LE Y ,~'N^'ot'ary Pub Inc S ((,~A ~' - ~rnnn . ~ 11 C ~~ -7 --~ . ~ ~ pie ~; .--~. v i1 ,pp'6D 5 ~ .` s ~ i • ~ i ~•~9 1 ~• ~/ c~ ~ r°• ~.~s i o -, w CO ~ _ D~ ~ g .` o . •~~s ° N . ~ m '`.~ ~~~ ~ o W s ~ s ~' ^ ~ 1 + .o ~ i ~o • .: ~ . W i s 1 ,- J ~ YV~ ~ •O $, • i • An ( -• ~ ~~ ~f O\ ~ Ar?. ~ ~ A~ ~. ' . r. My ~ y 0 p ~A1 1~+ :d 'U. 9 e. b ~aaa..a~~ ~yY'_ y,~.~HO hN ~ 0 ti Z V O M s :«::»::~ s~ g ov `~va~4av ~ ~ t~ ~' .$$. O y ~ M~ V s N M ~ouri~°v=°~ ~7Y~ yp ni~ii~~t~~ i ~• y s• 9q_ • + ~ V4 M 6 ~~~ ~~ ~ , Z ; b ~pM pM 40f0~bN 8 8 ~• ~~~_ ~ ti ~M oBg~Mfiio~ ~ ` ~ ~~ ~ y ~ ~ y ~ s +ru•oo-~ ~~ Al , -~; ~_~~ ~ ~~ y ~ $ ° '• O `a 4 y ~' ~ ~~.• ~ Z a N w e3a. 60 ~ ~s~~ »» ~ ~~~ ~ ~ ~ 5505 W. Franklin Road • Boise, Idaho 83705-1055 Annexation Description Penn Station March 31, 2000 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence S00°00'00"W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00"W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence N00°05'00"W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Reai Point of Beginning: Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No. 2: N30°08'OD"W, 94.00 feet; N43°18'00"W, 66.00 feet; N49°22'00"W, 131.00 feet; N32°38'00"W, 73.70 feet; N21 °22'00"W, 114.70 feet; N29°21'00"W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of--way of Stonehenge Way; Thence N64°18'04"E, 276.29 feet; Thence N00°37'28"W, 52.48 fleet; Thence N71 ° 15'21 "E, 8.16 feet; Thence N83°02'21 "E, 36.35 feet; Thence N84° 17'21 "E, 69.30 feet; Thence S00°00'32"W, 536.16 feet; Thence S89°36'07"W, 10.25 feet; Thence S01 °21'45"W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of--ways of record or apparent. This property is comprised of Ada County tax parcel numbers 51107110110 and S1107110200. ;~N PUBLK; WORKS DrF`7 The Orentees harem have read and approved the~Ifollovir~ Title File No.: T99~3754 ~ 1rY Ms . FOR VALUE RECEIVED JAMES L. JEWETT, an unmarried man GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: CENTERS CONSTRUCTION, INC., an Idaho corporation GRANTEES(s), whose cumnt address is: PO Box 418 , MeridG-n, ID 93680 the following described real property is Ada County, State of Idaho, more particulazly described as follows, w wit: A tract of land lying in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in the attached E~thibit "A". ~p RECORO~a-REUU 3 Of ADA ~~VfO MQA~oR<3~ FEE~DE 1999 AU -5 PM 4~ 30 9 9 4 7 8 ~~r~E & ESCROW "TRANSNA-n~N TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs end assigns forever. And the said Grantor(s) dow(do) hereby covenant to and with [he said Grantee(s), that Grantor(s) is/are the owners} in foe simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is ezpres9ly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreemeats,(if any) of record, and gametal toes and aasrxsmenta, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the name from all lawful claims whatsoever. August 2, Jewett STATE OF~Ida~ho ,County of Ada , ss. On this /~ day of August in the year of 1999, before me, the undersigned, a Notary P~ for said State, personally appeared Iatnes L. Jewett known or Identified to a to he the person is subscribed thin Instruma ,and to me that he exec d the acme Signature: ~~ / Name: Nsncllas Boslsu Residing et: Merldlen, ID My commission expires: 11112f04 tY' ~O ~~~ Transnation Title & Escrow, Inc. .-~ 9IBIT "A" PARCBL I A tract of land lying in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 Eaet, Boise Meridian, Ada County, Idaho, and described as follows: Beginning at the Section corner common to Sections 7 and 8, Township 3 North, Range 1 East, Boise Meridian; thence South 0°39' west a distance of 1325.0 feet to a point in County Road; thence North 89°39' West a distance of 659.6 feet to a point; thence North 0°34' East a distance of 165.0 feet to a point; thence North 29°29' West a distance of 94.0 feet to a point; thence North 42°39' West a distance of 66.0 feet to a point, the REAL POINT OF BEGINNING; thence North 48°43' west a distance of 131.0 feet to a point; thence North 31°59' West a distance of 73.7 feet to a point; thence North 20°43' West a distance of 114.7 feet to a point; thence North 28°42' West a distance of 150.0 feet to a point; thence North 64°57' East a distance of 276.3 feet to a point; thence South 0°01' West a distance Of 504.9 feet to a POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. AND A tract of land lying in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and described as follows: Beginning at the Section corner common to Sections 7 and 8, Township 3 North, Range 1 East, Boise Meridian; thence South 0°39' West a distance of 1325.0 feet to a point in County Road; thence North 89°39' Weat a distance of 659.6 feet to a point; thence North 0°34' East a distance of 165.0 feet to a point, this being the REAL POINT OF BEGINNING; thence North 29°29' Wesb a distance of 94.0 feet to a point; thence North 42°39' West a distance of 66.0 feet to a point; thence North 0°O1' Eaet a distance of 33.6 feet to a point; thence South 89°39' East a distance of 92.5 feet to a point; thence South 0°34' West a distance of 1b3.5 feet to a POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. PARCEL II A parcel of land located in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monumenting the Northeast corner of said Section 7; thence South 0°24'54" West 994.00 feet (302.97 M) along the East section line to a point; thence South 89°45' West 648.8 feet (197.75 M) to a point being the REAL POINT OF BEGINNING; thence continuing South 89°45' West 109.75 feet (33.45 M) to a point; thence North 0°01' East 513.90 feet (156,67 M) to a point in the center line of a drain ditch; thence Northeasterly along the center line of said drain ditch the following courses and distances: North 72°42'00" East 49.80 feet (15.18 M) North 83°29'00" East 36.35 feet (11.08 M) North 84°44'OC" East 26.48 feet (8.07 M); thence leaving the center line of the drain ditch South 0°O1' West 535.70 feet (163.23 M) to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. PARCBL III A parcel of land situated in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 Eaet of the Boise Meridian, Ada County, Idaho, being more particularly Commencing at a brass cap monument marking the Northeast corner of the said Northeast quarter; thence along the North line of th~~ said Northeast quarter. North 89°54'45" West a distance of 347.91 feet to a point; thence leaving said North line South 0°00`15" West a distance of 29.07 feet to a point on the Southerly right-of-way of Fairview Avenue; thence leaving said right-of-way and along a line as shown on Record of Survey No. 2134 the following courses; South 'l.1°56'21" West a distance of 87.14 feet to a point; thence South o°00'15" Weat a distance of 326.80 feet to a paint; thence South 84°17'21" West a distance of 339.00 feet to a point; thence: South 83°02'21" West a distance of 36.35 feet to a point; thence South 71°15'21" West a distance of 8.16 feet to the REAL POINT OI' BEGINNING; thence South 0°37'26" East a distance of 52.48 feet to a point; thence South 64°18'04" West a distance of 276.29 feet to a point; thence leaving said line and along the boundary line of Danbury Fair Subdivision No. 1 being a non tangent curve to the left having a radius of 141.42 feet, a central angle of 39°28'03", a length of 97.42 feet, and a chord bearing of North 30°15'18" East and a distance of 95.50 feet to a point; thence leaving said boundary line North 64°35'21" East a distance of 178.07 feet to a point; thence North 71°15'21" East a distance of 41.64 feet to the REAL POINT OF BEGINNING. 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R. l ~- v - VJ ° ~- - 7 3 ~~~ ~a •FC. ~ ~ , '- ~~ ~ ~ ~. ®- ~ .~ •.' • ~ ~c ~ ~, ~• - l ~\ / c- - r~ ~~ \:. ® C~ ~ ~ ~ r _ O ~ •: ~ f ~~ i 1 , l~ , , . L2 y ~~ {: T_ - ~ \)'. OD . .. 1 ~_ -_ City of Meridian ANNEXATION/REZONE Application Checklist ~''`~ Applicant: Peech~.~irri/ - /~~.~L '~'~,Q Submittal Date: ~/ / 3 / by Project: ~1,,~ Application Completion Date: / / Item No. Description Comments ~ 1. Com leted and si ed Annexation/Rezone A lication ,/ 2. Warrant deed recorded - roof of title of said owner i/ 3. Notarized consent of titled ro ert owner ~` 4. Le al descri tion of sub'ect ro ert ,/ 5 A statement describing the characteristics which make zoning amendment desirable. ~/ A statement outlining the necessity of desirability of development 6. pertaining to the zoning amendment and harmony with adjacent develo ment / 7 A statement of how the proposed zoning amendment relates to the Ci of Meridian Com rehensive Plan -cite olic numbers. ~ 8 One (1) map at a scale of one (1) inch equals one hundred (100) / 7 feet of the ro ert concernin the zonin amendment. ` One (1) copy of a vicinity map at a scale of one (1) inch equals 9. three hundred (300) feet (can be obtained from the Planning & / Zonin De artment . A list of the mailing addresses of property owners within three 10. hundred (300) feet, obtained from the City of Meridian Planning & / Zonin . A fee: Less than 1 acre - $400.00 i ~~`~ 11. Over 1 acre - $400.00 + $15.00 for each additional acre / Certified Mailin s - $1.73 er notice; then multi 1 b two 2 12 A signed affidavit stating that the property will be posted one (1) week before the ublic hearin . / 13. A notarized statement that the property has been posted and the date the ostin was laced. ~- -~- -- i i /"`~ -- ii 1 i 1__ ~ ! -(- __-_ -, _ - ~, -~ - ---- , , _ - - ~ ; , ---- __ I~ ; I' , '~ ~ 1 , , ~ ~ -_ , , ~ ~~ ~~~. i ~~ ~ _~.- ~'i j ! ~I _. _. ,~ ~l~ ~ ~ )~~ ~ ~~~~ ~= 7, r ~ ~ ~ , , ~~; ~t ~ ~ __~ ~ 1 ~ / ~~, __ j\ i i- 1 ~~ _k-- ., , .-_1, ~--~~ ~, ~~ ~ a~ .,, - :--r ~- -~ ++~ ~ G-_ ~I;-- -j ~ - ~ -~ -~- -~- - ~l . ~ T i ~ ~ ---1 ~~~~ - r- T i - ~~ ~ ~- --~~ r ` ~ ' -~ , i `i ~~ i -_- ,` _~- ~ - __. 1 I ~ ~ - ,,_~ ~~ ,~_ 1 ~ ~ ~- --, -~ .- -- _ -- ~~ ~ ~ 1 ~ ~- i ~ I (~ T-- _ -- ~ ~ ~ ~ ~ . ._. ~~~,, - -- -~ 1 I-- ~. ~ , ~~ ~ ~, , _ _ _ - ~ - ~ ~.~~_~~ ~ ~ ~ ~ ~; ~ - - `-1 ~ 4-._~ ~ ~ ~ / _ i l~ // / -i , --' '~ ~ ~ _- 4--- . -- -- -- -- -- ~_ - ---r--. - -- i I i ~ I I_ _~ i ~ ~ __ __~ , ----i... -1 __ , 1~~ ~. , , - - ----, __ i - ------ -- - -- 5 ~~~ e 16 ~ _~ ~-., 0 z z w ~ ~ OO ~ W Q gN O ~ Q Z ~ ~ w ~ ~O a M F W ZQ UZ ~ ~~O Zp Q I"~ z Q ~~Q O Up ' Z Q ~ U LL12 ~ ow ~ ~ ~ W cn N U ~ O Z , 5~ Z W a ~, Z ~ Z J J U W C ~ ~ Z O N J _ ~ °° , ~ // as 3no~ lsn~o~ ~ ti 0oooooc~oo~o~o~no 0~01~I~ON~~MMNM (7 Qp ~T'O~M~OCONOpC007O~ Z_ J OCOMI~-~~f~l.[> MCfl~Cfl w /~ ~~N ~ Z = Z tl a3NAla0S N w ~~~~~~w~www~~ w ~da3 Ia~sN 0ooooovw~~c-F~~n op O O O O O O O N N N N O V' QO 00 CV 00 CV ~ 00 1~- ~ CV ~ CO ~ l.l_ O~NMNN~M•-O~MN O 0 0 0 0 0 0 0 0 0 0 0 0 0 OMON~-O~~'Or'M~O~ ~ Mct~tMNNCD0I~000OODO Z ZZZZZZZZZZZC/)CA ~ ~ d N O W N M m m ~NM~tt~G01`CO6)~~~~ 3 J J J J J J J J J J J J J w LL H w O N ~ ~- ~ W o ~' J J Y O O ~ 0 96'9£5 ~ 3ndsNl~IavN m O J ~ J O w ~' J J J J i O -~ 3nb' HlIaN3d N ,1VM30N3H3NOlS N ~~~NP~ ~ NQ~ m w x ~-- O ~ w 30b'ld HlIaN3d N w 3nb'3aIHS N Y U -~ 3aI s s w ~ ~ ~ ~ Z o W m = y w = o VE °' ~ N ~ z w ant/ NIIONF/S N a N STONEHENGE ' w w H U J J_ m U W u.~ N W w~ I I I I 3ntlla0d3n3aHS N SJ~elb~ 1 l MERIDIAN City of Meridian City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 FCIX ro: Cindy lou McDonald From: Shelby Fax: ~~ ~' - ~ ~ ~~ Pages: 11 Phone: Dah3: 1-23-O1 Re: Ordinance No. 881 cc: Penn Station Apartments ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle f~ELt7ftDED-ftED~JEST L~ ~.~.;C~ffGgqU~a~~fiY AREAA~OR~DER ~~. .J. UriSj{if ~/; ~tFk iZfiV :. ._ !~~.~-?~ FEE DFPU i Y .~., 2o~QAt~ io P~ ~~z~ i G00~3003 MERIDIAN CIN CITY OF MERIDIAN ORDINANCE NO. ~ QJ I AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<.NOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF RDA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF RDA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF RDA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 1 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence S00°00'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence 589°42'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the. following courses and distances along the boundary of said Danbury Fair Subdivision. No. 2; N30°08'00" W, 94.00 feet; N43°18'00" W, 66.00 feet; N49°22'00" W, 131.00 feet; N32°38'00" W, 73.70 feet; N21°22'00" W, 114.70 feet; N29°21'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of--way of Stonehenge Way. Thence N64°18'04" E, 276.29 feet; Thence N00°37'28" W, 52.48 feet; Thence N71°15'21" E, 8.16 feet; Thence N83°02'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 2 ~., Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; Thence S89°36'07" W, 10.25 feet; Thence SO 1°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of--ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and S1107110200. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 3 dated the (~'r day of uS~, 2000, and that the uses are to be dev eloped under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 4 ~'~, SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 221 S and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of s~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~`~~ day of , 2000. OR ATTEST: ~. C_._. CI CL RIB ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 5 STATE OF TDAHO,) . ss. County of Ada. On this_~day of , 2000, before me, the undersi ed, a Nota Public in and fo d t to ersonall a eared ROBERT D. CORRIE and ~r r T r' ru , wn me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the -same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •' ••',, ~ ~ ~•' ER••,O~ - ~ •,4Q'••.••• • lly ~i • .~~'••t'~T ~~ Y •~ NOTARY PUBLIC FOR IDAHO * PUBLIG * : RESIDING AT: ~-~,j,,.~.,v •,• ,~°r• MY COMMISSION EXPIRES: /~ pzU~ y~'~i,.'TE OF 1~.•~. MSG\Z:\Work\MUvleridian 15360M\Penn Station AZ & CUPWZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 6 ,^ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho 5~~~~c{ U~Et,rr-za. I~ ., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~~ ( , passed by the City Council of the City of Meridian, on the _~~ day of , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, County of Ada, ss. On this ~ day of , in the year 2000, before me, ~~~ ~~1~ , a Notary P bl~lc, appeared ., known or identified to me to be the ~ity ~:l~rk of the City S r~lanr Id~io that executed the said instrument, and acknowledged to me that he executed., the same on behalf of the City of Meridian. ..-- .~.~.' ~Al~~, V (SEA~~ ~ ~,,o ~ s Notary Public for Idaho • ' ~tiG s Commission Expires: //_ ~,z, v ~ • . •N••• •• ~,,'~ msg\Z:\Workr~~ar~l~~(~QM\Penn Station AZ & CUP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-011 i-., CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the /~ day of ~~'I.LS3~ , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILL G. BERG, CITY CLERK STATE OF IDAHO, ) . ss. County of Ada, ) On this ~ day of , in the year 2000, before me, ,rl~~~ ~; , a Notary Public, appeared ~A$~4~v4 ~~ ~e y `-' D'~"`-', T" ,known or identified to me to be the Cit~~l`e'rk of the City of arr~2a, Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~,.a•. •.•~~ , 0 Vg~~ /I .•'• ~ .r' fi~- ~S~-) c .$~~~ ~ A~ y ~ Notary Public for Idaho ,,.~ Commission Expires:~j,~ G~ - a ~ G •c Z PUB~'~•~: 0,~; Z:\Work\M\Me4~i ~t~iyiQMlA~hia$ ~~ton qZ & CUI'\CertofClerk Certificate of Clerk (AZ-00-011) - 2 of 2 N SNREVEPORTAVE 536.16' r ~~~~ r_ W N ~~ r r r r r r r r r r~ OfO ODV O~VIJ~.W~-~ ~ WN~ ~~ Z Z Z Z Z ~ Z Z Z Z Z Z Z O~pppp~ jppp~~NNWAJaW A S?CO~NCOWO Q N<+~O~W~NNWN~ o 0 Tl ~CnV NC.TIVOD~NOD NOD 0 0 W SAO j' jiVppOOOOCO ODAOOOOOO I ~ ~~TTT~RI~~~`2 ~~ / Z Z pp~~ O) W CJ~ V CT ~ V W .p OCO Cn ODN O~O.A W-+p~A G7 WNCaW ANOVVOpO OC7~C?O~000OOO 0C7 O p i I MI ICT l~IM2 on J4/ ac{ S r.' ^. ...~. r1t~~ttLirU ~ htc~t~ES i iJt .. FDA GOUNrY RECORDER ~i~ '~` - . J. D~9'110 NAVAf2P,0 =~~": c. ln~~~ FEE DEPlliY 2oaaduto F~It~2S IC0063003 ~,~,~,,., FILE COPY CITY OF MERIDIAN ORDINANCE NO. ~ ~ ~ AN ORDINANCE FINDING THAT CERTAIN LAND TO BE IQVOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 30-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 1 _ ,~ a ... .~,.~: ;,,, .. .. __. .. A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence S00°00'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the following courses and distances along the boundary of said Danbury Fair Subdivision. No. 2; N30°08'00" W, 94.00 feet; N43°18'00" W, 66.00 feet; N49°22'00" W, 131.00 feet; N32°38'00" W, 73.70 feet; N21°22'00" W, 114.70 feet; N29°21'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of--way of Stonehenge Way. Thence N64°18'04" E, 276.29 feet; Thence N00°37'28" W, 52.48 feet; Thence N71°15'21" E, 8.16 feet; Thence N83°02'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 2 . _ ~.:. r; ,^ _. ~. Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; Thence S89°36'07" W, 10.25 feet; Thence SO1°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of--ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and 51107110200. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 3 /1 ,.. _ __.., .. . ,~^. dated the '~r day of u-S~, 2000, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 4 b ,:~ ~.. .. . , SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 221 S and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of s~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of , 2000. , R ATTEST: •~ CI CL RIB ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 5 . ...- .. _..,.... -. .. ~,. r -,y STATE OF TDAHO,) . ss. County of Ada. S~ On this~_day of , 2000, before me, the undersigned, a Notary Public in and f d t to ersonally appeared ROBERT D. CORRIE and ~~ ~' ~~`~'~' wn me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ • E,p ~k~ `~~~~! Y * . NOTARY PUBLIC FOR IDAHO * PUBLIG ~ RESIDING AT:_~,.~.,v ~°r~ MY COMMISSION EXPIRES: /-~ U~ ~ dJ- ...•• P .• y~.'~ r$ of t~.••• MSG\Z:\Work\MUvleridian 15360M\Penn Station AZ & CUP~AZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 6 ,. .. ,,.,. _ . . ,. _ . , ,t,...:. r. CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I~ ., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~( , passed by the City Council of the City of Meridian, on the _~ day of ~, 2000, is a true and correct copy of the original of said document which is J,n the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, County of Ada, . ss. SL On this ~ day of , in the year 2000, before me, ~- ~~ ~ ~ , a Notary P b Qc,,,,, ap~peared a arr ~ ~ •~ known or identified to me to be the ~ity~l~rk of the City n~ian, Id~io that executed the said instrument, and acknowledged to me that he executed: the same on behalf of the City of Meridian. '''~~~P~ OVERlr~ SEAS ~~s o~ ~~ Y v ~ . ~r ~ ~s ~ * = Notary Public for Idaho Pv$ti1G o, Commission Expires: ~~/_ ~~,. e!< ~ ~~ •.,~ sp •.....•• 1~ ~,. nsg\Z:\Workc~c$c{~~3Cp141~ \penn Station AZ & CUP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-011 ... ,~ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Cit , I am the custodian of its records and minutes and do hereby certify that on the f~ day of _ ~~"LIG,~'LLS~ , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN- THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, -the reasons and authority for which are as set forth in said Agreement NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: _. ,_ . r ...~. , 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILL G. BERG, CITY CLERK ` STATE OF IDAHO, County of Ada, . ss. On this /S~ day of , in the year 2000, before me, L~~~.~«~a ~ , a Notary Public, appeared 1~4 ~, f ~ b y , ~ n r n r+~ Tn , mown or identified to me to be the Cit~~~ er of the City of ;; ar~~Za ~ Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. J Notary Public for Idaho Commission Expires: /~ 61 _ a v AZ & C[.TP~CertofClerk Certificate of Clerk (AZ-00-011) - 2 of 2 /t n r ~ r ~ r^ a.-. ~.~.,A..,.~-. ~, :ORDER -REQUEST OF ~~ ~i1.; G©~;1TY RE~OR-~ER ZO~DAU i0 Pik i~Z~ ~ GOQu3fl03 CITY OF MERIDIAN ORDINANCE NO. ~1 ~ ~ AN ORDINANCE FINDING THAT CERTAIN LAND TO BE IQVOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HA.S MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING A.LL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MA.P OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-O11) - 1 . ` G~ A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence S00°00'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the following courses and distances along the boundary of said Danbury Fair Subdivision. No. 2; N30°08'00" W, 94.00 feet; N43°18'00" W, 66.00 feet; N49°22'00" W, 131.00 feet; N32°38'00" W, 73.70 feet; N21°22'00" W, 114.70 feet; N29°21'00" W, 150.00 `feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of--way of Stonehenge Way. Thence N64°18'04" E, 276.29 feet; Thence N00°37'28" W, 52.48 feet; Thence N71°15'21" E, 8.16 feet; Thence N83°02'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 2 . ~ ,„. ~~ Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; Thence S89°36'07" W, 10.25 feet; Thence SOl°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of--ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and S1107110200. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15). , SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 3 ~: _. t -' dated the ~ ~~ day of ~~ uS~, 2000, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 4 SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of s~'_, 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~ ~ , 2000. OR ATTEST: ~., CI CL RIB ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 5 STATE OF TDAHO,) . ss. County of Ada. On this~_day of ~ , 2000, before me, the undersigned, a Notary Public in and fo d ~~t to ersonally appeared ROBERT D. CORRIE and ~~ .; ~iw~n~t~i~e o be the Mayor and City Clerk of g~~~ the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.••`' . O Vg ''•g QOT ~~ Y NOTARY PUBLIC FOR IDAHO ~~ ~•~ G * ~ RESIDING AT: * pvBtiti .~ o ••; MY COMMISSION EXPIRES: /-~~U~f MSG\Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP1t1ZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 6 ~~ ''~~ k~; :' CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho 5 ~ zl bc{ Ct~ Q, rr~ z a. I, k1~I T T,~>t~-n-r~zc', Tu ,City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~~ j , passed by the City Council of the City of Meridian, on the _~day of ~~~L~.~, 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, County of Ada, ss. On this ~ day of -~i , in the year 2000, before me, ~- [~1~ ~ , a Notary P bl~ic,,, a~geared S ~ arr ~ ., known or identified to me to be the ~ity ~;lbrk of the City n~><an, Id~io that executed the said instrument, and acknowledged to me that he executed: the same on behalf of the City of Meridian. ~~~~P f' O VERl j~~.~i ~~'~ ~ AR Y ~ . {o ~'~ G ~PVBy~ s~o .•• , msg\Z:\W V Notary Public for Idaho Commission Expires: i1 d,z. a f~ ., station AZ & CUP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-011 1, ~.~ ~~~ 4' CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the /~ day of ~~7,(L,~'~LS~ , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: ~:-,, 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILL G. BERG, R~ CITY CLERK STATE OF IDAHO, ) . ss. County of Ada, ) On this ~ day of , in the year 2000, before me, /~,~.o l.~ ~ , a Notary Public, appeared~A~~~°rPv4 ~~bN ., known or identified to me to be the Cit~y~Ierk of the City of L( a.rr~2a. Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~....... (S~-) :~.Z~~'~ w~ p ~ ~. Notary Public for Idaho :4~{~~ ~: ~~~ Commission Expires: ~~ ~~ . a ~ ~G * '. PUBS' :~O ±' Z:\Work\M\M21~i ~~$t~itbn AZ & CUP\CenofClerk .,~~,q TE ~~ t ~,,. Certificate of Clerk (AZ-00-011) - 2 of 2 ,~~ _ ~ a ... - ... - ~ r' ~~ (`,+ ~~ Pa .er ,~ ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 14 01/23 16 50 PUBLIC WORKS FCa .-. AS OF JAN 23 '01 16 52 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF--S 02'03" 010 108 OK ~~~ City of Meridian ' City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4~J33 ext. 210 Fax {208) 888-4218 33 Crosf Idaho, Meridian, ID 83642 ~: Bruce Freckleton From: Shelby Fax: Pagea: 10 Phone: i)aFe: ~ -23-O1 Re: Ordinance No. 881 cc: ^ Urgent D For Review ^ Please Comment ^ Please Reply ^ Please Recycle Bruce, Okay...here's Ordinance No. 881; all I have left is 890 which is Randy Ware Annexation, I'il get that one to you next. Thanks, thanks, thanks for your help. FCIX MERIDIAN City of Meridian City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 ro: Bruce Freckleton From: Shelby Fcnc: Pages: ~ 0 Phone: Date: 1-23-O1 Re: Ordinance No. 881 ~: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle Bruce, Okay...here's Ordinance No. 881; ail I have left is 890 which is Randy Ware Annexation. I'll get that one to you next. Thanks, thanks, thanks for your help. f ~.::. M1 F.~ 'l e(~ .. ;i'. 'a ,l J~r,~a, i (. CC 2c~a~~ to P~~ i~2~ ~ ~JC~o~003 ~aro~aN cmr CITY OF MERIDIAN ORDINANCE NO. ~' ~' I AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF A.DA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION A.S DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, A.~'VD THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 1 ~^`' n r A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence S00°00'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence 589°42'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No. 2; N30°08'00" W, 94.00 feet; N43°18'00" W, 66.00 feet; N49°22'00" W, 131.00 feet; N32°38'00" W, 73.70 feet; N21°22'00" W, 114.70 feet; N29°21'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of--way of Stonehenge Way. Thence N64°18'04" E, 276.29 feet; Thence N00°37'28" W, 52.48 feet; Thence N71 ° 15'21 " E, 8.16 feet; Thence N83°02'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 2 ,~"~ Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; Thence S89°36'07" W, 10.25 feet; Thence SO1°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and S1107110200. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 ANNEXATION AND ZONING ORDINANCE (AZ-00-O11) - 3 /"~ C'~ dated the ~ ~r day of ~~~~ ~5~, 2000, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-00-O11) - 4 /'"~ SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 221 S and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I~~ day of ~ CSC' , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~t day of ; ~ , 2000. OR ATTEST: ,. ~.__. CI CL RIB ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 5 STATE OF IDAHO,) County of Ada. ) ss. On this ~ day of ~~ ~. , 2000, before me, the undersi ed, a Nota Public in and fo d t to ersonall a eared ROBERT D. CORRIE and ~ ~kn~ ~~ ~t~i`~'~ Y pp wn me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••'- 0 V R '•.~ ~.~,4q. ~:....E 1 f'..,~ ~'~' ;~ • p'T Ali y~~ 9~ i ~ '~-L~ v .~~' ~ -~! * : NOTARY PUBLIC FOR IDAHO ~` ~ PUBti~G.•~ o ,~ RESIDING AT: ~~,iyc2~v ~ MY COMMISSION EXPIRES: /-~~~~f y._ E OF _~. MSG\Z:\Work\N1Wleridian 15360M\Penn Station AZ &. CUPWZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 6 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, ., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~ : ( , passed by the City Council of the City of Meridian, on the ~53' day of tit;' ~{- , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, County of Ada, ss. On this ~ day of , in the year 2000, before me, _ _ u, ~~ _1.~. > , a Notary P b~ , a peared ., known or identified to me to be the ~ity~l~rlc of the City ori~dian, Id~a~o that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~.•'PO •~~„~.ERl f~.,~ •' ~ . (SEA~~~.~ •~,o'~ ~~ Y ~••= Notary Public for Idaho - - ~'~tiG ~ ? Commission Expires: ~/_ ~~- aft ~ ,. msg\Z:\Wokt~~aarpl~3(O1V(\Penn Station AZ Sc CUP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-011 ~, n /'~ ^ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the /~ day of %~"UL,)'t,~s~-- , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, .the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: ~. /"~ .~"~ The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILL G. BERG, R~ CITY CLERK STATE OF IDAHO, ) ss. County of Ada, ) On this ~ day of ~ , in the year 2000, before me, ~f f(~~`.e,r l~ , a Notary Public, appeared~~]~l ~~ey , c D~T,~ TD.~ known or identified to me to be the City~Ie` r~c of the City of ~( arr~2~ Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,~~~ ~ V~ ~~ ~ o SEAL :'~~'~~P ~~~~~tf~•••~. / ( ) : ,~ ~ ' ,~ ~~ p Notary Public for Idaho ~; ~'~ ~ : Commission Expires: , G~ - a ~ ~' • S ~ ~: PUB~'~G~ ~ a • ti ~ Z:\Work\N1\~I~di,~t~Q~t~~Q~on AZ & CUP\CertofClerk p~~~ q Tg 0~ t~~~.• Certificate of Clerk (AZ-00-011) - 2 of 2 ,. N~ ~r. VII Je .~':~`1 IR +~Ifi±t iZ~}U l~.n "` .. , ZGG~ ~~ I ~ P~~ I ~ 2 ~:'~~ , ~~ ~~~~ ~~OQ~3~05 MERIDIAN C11r1+' DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Centers Construction, Inc., an Idaho corporation, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this r~1-' day of ,f t- , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and CENTERS CONSTRUCTION, INC., an Idaho corporation, hereinafter called "DEVELOPER/OWNER", whose address is PO Box 518, Meridian, Idaho 83680. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; grid 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Medium High Density Residential District (R-15~, (Meridian City Code §§ 11-7-2 E); and DEVELOPMENT AGREEMENT (AZ-00-011) - 1 ~~nn- Siz~.hov~ ~~~ V .~-~ P.;~ 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~~~ day of ~k _, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-00-011) - 2 .~'~ .•"'\ designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Centers Construction, Inc., an Idaho corporation, whose address is PO Box 518, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Centers Construction, Inc., an Idaho corporation, whose address is PO Box 518, Meridian, Idaho 83680, the party who owns said "Property" and shall include any subsequent owners of the "Property". DEVELOPMENT AGREEMENT (AZ-00-011) - 3 ~; ,.~ 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 E which are herein specified as follows: (R-15) Medium High Density Residential District• The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of 10 multi family residential units containing 4two-bedroom dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have submitted to "City" an application for conditional DEVELOPMENT AGREEMENT (AZ-00-011) - 4 ~"\ use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning Sz Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. 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. A variance not to the Settlers Canal has been requested by the Applicant. 6.2 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. 6.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. DEVELOPMENT AGREEMENT (AZ-00-011) - 5 n ~ 6.4 The Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deem what they feel necessary to operate and maintain the facility. 6.5 Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20, 2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the project shall contract with a professional landscape maintenance company for the maintenance of all the facilities,. and therefore will not be required to have a storage facility on site for storage of maintenance equipment. Provision of RVBoat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. Tiling of Settlers Canal: The applicant shall be required to the the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. 6.6 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. 6.7 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. 6.8 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. DEVELOPMENT AGREEMENT (AZ-00-011) - 6 ~'""~, 6.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 6.10 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6.11 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 6.12 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 6.13 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. 6.14 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 6.15 Water service to this site will be via extensions from extensions of an existing main in Stonehenge Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the DEVELOPMENT AGREEMENT (AZ-00-011) - 7 i"~ Public Works Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 6.16 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 6.17 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.18 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The Public Works Department must approve an irrigation plan before any Building Permits are issued. 6.19 Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the irrigation DEVELOPMENT AGREEMENT (AZ-00-011) - 8 ~ ~ system shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6.20 The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. 6.21 The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. 6.22 The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. DEVELOPMENT AGREEMENT (AZ-00-011) - 9 ,~"~ rV~ 6.23 The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. 6.24 A11 drive-ways shall be 25-feet in width and shall be posted so that parking which would block the drive-ways will be prohibited. 6.25 The Meridian Fire Department shall approve the proposed 15-foot wide one-way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire truck access. 6.26 Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. A11 required fencing is to be in place prior to issuance of building permits. 6.27 Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high-density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. 6.28 Proposals for Planned Unit Developments must include a minimum often percent common area. Common open space shall mean land area space 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 calculations for open space were submitted with the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping should not be included in these DEVELOPMENT AGREEMENT (AZ-00-011) - 10 '"`1 calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. 6.29 The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. 6.30 The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) 6.31 The proposed 6' X 4' entry signage for the subdivision shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. 6.32 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 6.33 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6.34 Locate site driveway 35-feet north of the south property line. 6.35 Pave the site driveway access to Stonehenge to its full- required width of 24 to 30-feet and 30-feet beyond the edge of pavement with 15-foot radii pavement tapers abutting the existing roadway edge. DEVELOPMENT AGREEMENT (AZ-00-011) - 11 n 6.36 In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 6.37 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6.38 Only one egress and ingress into this project. 6.39 All trash and weed will need to be cleaned up on common areas. 6.40 No parking of vehicles or trailers in cul-de-sac. 6.41 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 6.42 Run-off is not to create a mosquito breeding problem. 6.43 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.44 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. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this DEVELOPMENT AGREEMENT (AZ-00-011) - 12 n ~ agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City. Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any DEVELOPMENT AGREEMENT (AZ-00-011) - 13 !"ti other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City. Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZOI~TING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ-00-011) - 14 /'\ ,."~, 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFOP:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OVVNER/DEVELOPER: c/o City Engineer Centers Construction, Inc., an Idaho City of Meridian corporation DEVELOPMENT AGREEMENT (AZ-00-011) - 15 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 PO Box 518 Meridian, Idaho 83680 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement DEVELOPMENT AGREEMENT (AZ-00-011) - 16 ,~ '.."~ if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-00-011) - 17 ACKNOWLEDGMENTS '", IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION BY; President Attes /~~~ ~ Secretary BY RESOLUTION NO. CITY OF MERIDIAN BY: ` ay r Robert D. Corrie Attest: ~, ;, City C rk BY RESOLLI ~~~ DEVELOPMENT AGREEMENT (AZ-00-011) - 18 STATE OF IDAHO ) County of Ada ss On this , d y of ~~ ~.~, , in the year 2000, before me, __ S+_?~r~._ ~ v _ a No ry Public, personally appeared ~~~ C~t~r~~ ~ and ~~~~~ ~~~ ~~rs , known or identified to me to be the President and Secretary of Centers Construction, Inc., an Idaho corporation, who executed the instrument on behalf of said corporation and acknowledged to me having executed the same. N~MIh._ S,~~V E P yR ••.•• . '9~. ••. (SEAL) ~ ~aTARr Notary Public for Idaho * : ~'~ : * Commission expires: ~ "~ ~ `''y AUB L1G '•.~-91 '••...•••• .~.~~•' STATE OF IDAHO ) :ss County of Ada On this {~' S~ day of , in the year 2000, before . ~hztbc{ ~C9'4Pr'~zc..J me, a Notary Public, personally appeared Robert D. Corrie and , know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. o`'~~ 0V R•••. ~~'t.,. .._.,y pT Ate p !. •• ; ~ ~* ` pUBL1G;• •••• ~9 TB OF t9P~ • - ~ _ ' _ ~~~ ~~ Notary Public for Idaho Commission expires: /~-G~- D DEVELOPMENT AGREEMENT (AZ-00-011) - 19 i`1 DEVELOPMEi1T AGREEMENT (AZ-00-011) - 20 ~. ~. EXHIBIT A Legal Description Of Property A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence 500°00'00" W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00" W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00" W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No. 2; N30°08'00" W, 94.00 feet; N43° 18'00" W, 66.00 feet; N49°22'00" W, 131.00 feet; N32°38'00" W, 73.70 feet; N21°22'00" W, 114.70 feet; N29°21'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of-way of Stonehenge Way. Thence N64°18'04" E, 276.29 feet; Thence N00°37'28" W, 52.48 feet; Thence N71°15'21" E, 8.16 feet; DEVELOPMENT AGREEMENT (AZ-00-011) - 21 Thence N83°02'21" E, 36.35 feet; Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; Thence S89°36'07" W, 10.25 feet; Thence SO1°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.179 acres, more or less. Subject to easements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and S1107110200. DEVELOPMENT AGREEMENT (AZ-00-011) - 22 n EXHIBIT B ~+ Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\I'enn Station AZ & CUP\DevelopAQr DEVELOPMENT AGREEMENT (AZ-00-011) - 23 BEFORE THE MERIDL-~1~1 CITY COUNCIL 06-26-00 IN THE MATTER OF THE APPLICATION OF PANGAEA LA1~1D PLAi~1NING, THE APPLICATION FOR ANNEXATION AI~iD ZONING OF 3.4 ACRES FOR PENN STATION APARTMENTS, LOCATED SOUTH OF FAIRVIEW AND WEST OF STONEHENGE WAY, itiIERIDIAN, IDAHO Case No. AZ-00-011 FINDINGS OF FACT Al~1D CONCLUSIONS OF LAW A1~tD DECISION A1~1D ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on June 20, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Daren Fluke, appeared acid testified, and appearing and testifying with comments/concerns and or in opposition were: Laura Jones, Matthew Glencoe, and Ron McClaren, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) r"'~ Order: FINDINGS OF FACT rj~. 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 20, 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 that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 20, 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 and 67-65I 1, and Meridian City Code §§ I 1-15-5 and 1 I -16-1. 3. -The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all FINDINGS OF FACT A1~1D CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRA.I~ITING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLAI~INING FOR PENN STATION APARTMENTS (AZ-00-01 I ) /"~ current zoning maps thereof, and the Comprehensive Plan of the City of ~[eridiall .:uoutzd December ? l , 1 X93, 17rQ111aI1ce No. 6Z9, Janua.~- :.199 ., and neaps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 3.4 acres in size and is located South of Fairview, west of Stonehenge Way. The property is designated as Penn Station Apartments. 5. The property is approximately 3.4 acres in size and is located South of Fair<ne~v, west of Stonehenge Way. The property is designated as Penn Station Apartments. h. The owner of record of the subject property is Centers Construction, Inc., of Meridian, Idaho. 7. .Applicant is Pangaea Land Planning, of Boise, Idaho. 8. .The property is presently zoned by Ada County as R-T/R-1, and consists of vacant land. 9. The Applicant requests the property be zoned as R-15. 10. The subject property is bordered to the south by R-8 single family dwellings, and to the north and west by C-G and to the east by R-T and city limits of the City of Meridian are adjacent and abut to the north, south and west of the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 A1~tD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) subject property. ? . Tl,e prooe~-,~ ~iv'~i.:1 is t:1e subject of this application is within the Area of Impact of the City of tiieridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 10 multi-family residential units containing 4two-bedroom dwellings. 14. The Applicant requests zoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Nlap which .designates the subject property as Mi.~ced Planned Use Development. l~. There are no significant or scenic features of major importance that affect the consideration of this application. 16. 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 Al~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLAI~INING FOR PENN STATION APARTMENTS (AZ-00-011) n 16.1 An~r existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Ditches to be .~,1rL':~ s1ioL:iQ be Si;0~v:1 0% Lhe sits. pla:.s. P~.~ ~:~ «-:1 ;~.'.e'u CO Ve appro`~ed by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Depanment. A variance not to the Settlers Canal has been requested by the Applicant. I6.2 Anv existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. We11s may be used for non-domestic purposes such as landscape irrigation. 16.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. Adopt the Recommendations of the Nampa &. Meridian Imgation District as fo1'_o~vs: 16.4 The Nampa &. Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deem what they feel necessary to operate and maintain the facility. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic `velfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page S AI~tD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LA.I~1D PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) assure the proposed development is designed, constructed. ouerated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and ~~zll insure that the proposed uses will not be hazardous or disturbing to the e~sting, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium High Density Residential District (R-15) requires connection to the Municipal tiVater and Sewer systems and will be compatible with the Applicant's development intentions, ~nd .,.li assu_e friar t:,z L.Jltln~ti is con~ist~nt ~•~a. t~,~ :Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as tilixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION A1~1D ORDER GRAi~1TING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-0I 1) r ~~ ~~ '20.2 This proposed new gro`~rth development ~~zll finance public sen~ice e.~cpansion by the requirement herein that the applicant comply with the requests submitted of the political subdi~ ~sions responses ~~zthin the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.=1 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for e.~cisting and projected needs and that the land use patterns of the City are balanced to insure that revenues pay far services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Compre:~ensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if c `.L~:.'?:.t :..._enQS Che l:r.eS. ,~ CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-0 11) ~~ . annex real property that is «~ithin the Meridian Urban Ser~lce Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.I To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, nrhich deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGA.EA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) /'~ ~ the present reliance on Boise and strengthens the City's ability to finance and implement public improvements. services and its open space character. 4.~ To provide housing opportunities for all economic groups within the community. 4.~ To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4. I O To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. ~.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Land Use Chapter 1.4U -Encourage ne~v development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. I.8U -Promote the development of high-quality and environmentally compatible FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 Al~1D DECISION Ai~1D ORDER GRANTING APPLICATION FOR ANNEXATION Ai~1D ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) j'~, ~~. residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2. i L' - Suoport a v~ riett~ of residential categories for the purpose of providing the City ~~zth a range of affordable housing opportunities. 2.2U -Support strategies for the development of neighborhood parks within all residential areas. 2.3li -Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.~U - Encourage compatible infill development that will improve existing neighborhoods. 6.8U - Ne~v urban density subdivisions which abut or are proximal to e.~cisting rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban. level densities and n:ral residential densities. Natural Resources and Hazardous Areas 1. I U -Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1U -Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U -Manage and prevent unsuitable uses along drainage ways and protect the flood plains of creeks and drains. Transportation Chapter 1.4U -Monitor and coordinate the compatibility of the Iand use and transportation system. . 1.20U -Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 A.t~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION .APA.RTMENTS (AZ-00-011) ~. The zoning of ~[ediunt High Density Residential District (R-I~) is derived in the Zoning Ordinance at § 1 I-i -? E as follows: ~R-1~) tiledium High Density Residential District: The purpose of the R- 1 ~ District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (I ~ ) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned contmerci~l development on this parcel of land. Since the annexation and zoning of tan is a 1`g;~slative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, I05 Idaho 6~, 665 P2d 107 (1983). S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-I3, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT Al~tD CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND .PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) 10. Section 1 I - I6---I A of the Zoning and Development Ordinance pro~~:des in part as Follows: If property is annexed and zoned, the Citv may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject propeny. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT A,I~TD CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 3.4 acres to Medium High Density Residential District (R-15) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 3.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS: OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRAI~ITING APPLICATION FOR ANNEXATION AND ZONING/BY PANGAEA LAND PLA.~~INING FOR PENN STATION APARTMENTS (AZ-00-011) f .: ~~ 1~8. The legal description for anne~cation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the Following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Ditches to be piped should be shown on the site plans. Plans will need to be approved by the a~oropriate irrigation drainage district, or lateral users aSSOCiat1G.;, ~~:Lh 447i%teI'. CUriL1:latlGil Of Salu approval s'ubmltted t0 the Public Works Department. A variance not to the Settlers Canal has been requested by the Applicant. 3.2 Any existing domestic wells and/or septic systems within this project ~~zll have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. Adopt the Recommendations of the Nampa ~ Meridian Irrigation District as follows: 3.4 :The Nampa &. Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deem what they feel necessary to operate and maintain the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 A~~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) I~ facility. ~.'- r~ 4. The City Attorney shall prepare for consideration by the Citv Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-1~) Medium High Density Residential District, and Meridian City Code § 11- % -2 E. ~. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT Al~iD CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGA.EA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) _ ~< NOTICE OF FINAL ACTIOv 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .~~ day of ~G~~ , 2000. ROLL CALL COUNCILV1A1~1 RON .A.~~IDERSON VOTED--~~~- COUNCIL~Ir1i~1 KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED ~- COUNCILMAN CHERIE McCANDLESS VOTED ~-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED _ DATED: 7- S -OCR FINDINGS OF FACT A.~~1D CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) ~tOTIO'~r: APPROVED~~~~DISAPPROVED: Cope served upon Applicant, the Planning and Zoning Department, Public ~Vorlcs t\,,,, ~, tt t i p i, t r i,, Department and the City Attorney. ~, f ~L~~ ~,~20' ~ Dated: By: ,r~L ~d //' ~ City Clerlc ms;iZ:\Work`~~[\,~(eridian [d360M\Penn Station :~Z 3c CCU\.-~ZcfClsorder.~.vpd ,~~ ~y ~~~ rff G~ ~a~ '''~, ': ~O T, \~v `O ~_ ~~~ _ ~~ ~ ` ;' 9 C, ,? vp `~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRAI~ITING APPLICATION FOR ANNEYA.TION AND ZONINGBY PANGAEA LAND PLANNING FOR PENN STATION APARTMENTS (AZ-00-011) i ~-~~~' ~•, ** TX CONFIRMAT., 2EPORT ** DATE TIME TO/FROM 09 07/25 11 30 LEGAL DEPARTMENT ~. AS OF JUL 25 '0E 30 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDtt STATUS EC--S 00'24" 001 117 OK rom: Daren Fluke (dlluke~langstonw,lliams.com] Sent: Tuesday, July 25, 2000 9:48 AM To: bergw~ci,meridian.id.us Hi Will. When I made application for the Penn Station Apts I listed myself aS the applicant because I needed to receive the hearing notices etc. Because 1 was the applicant I was also put on the development agreement as a signatory. The developer and I have decided that there is no reason to have me sign the development agreement and doing so may actually be a liability far one or both of us. I would like to have my name taken off before the City Council approves and adopts the development agreement, I think on qug. 2? Would you let me know what 1 need to do b make sure that happens? Thanks, I'II talk to you soon, D Daren Fluke, AICP Pangaea Land Planning 408 W. Idaho Street Boise, Idaho 83702 (208)345-3800/Fax 345-8238/Cell 869-3903 a~"% '~ Will Berg ~~ ~.~ ~~~~~~ From: Daren Fluke [dfluke@langstonwilliams.com] Sent: Tuesday, July 25, 2000 9:48 AM To: bergw@ci.meridian.id.us Hi Will. When I made application for the Penn Station Apts I listed myself as the applicant because I needed to receive the hearing notices etc. Because I was the applicant I was also put on the development agreement as a signatory. The developer and I have decided that there is no reason to have me sign the development agreement and doing so may actually be a liability for one or both of us. I would like to have my name taken ofd before the City Council approves and adopts the development agreement, I think on Aug. 2? Would you let me know what I need to do to make sure that happens? Thanks, I'll talk to you soon, D Daren Fluke, AICP Pangaea Land Planning 408 W. Idaho Street Boise, Idaho 83702 (208)345-3800/Fax 345-8236/Cell 869-3903 R~`': ~I , ~`""~ 87/23/88 22;28:82 -> 288 887 4813 MERIDIAN CITY HALL Page BB1 ConServ Flag Company Ready & Custom Made Flags & Banners 1003 Illinois St. P.O. Box 649 Phone 308-254-4720 Fax 308-254-2419 '~~ Web site :www.conservflag.com E-mail: conserv~wheatbelt.com BEST QUALITY OUTDOOR, INDOOR FLAGS AND PRESENTATION SETS AT LOWEST DISCOUNTED PRICES!!!! LargestSe[ee7ior: of Flags & sets ut USA Outdoor Flags Indoor Flags & Deluxe Presentation Sets 2X3' 3X5' 4X6' 5X8' 6X10' 3X5' 4X6' 3X5' 4X6' each each each each each each each each each U. S. FLAGS - Dis la in: conference r - p y ooms titer ~ , Army, Navy, Marine Set Includes: *fringed flag *flagpole *gold Base *cord&tassle * ornament Discounts: 5% on 3 - 5 same flag & set Free Catalog & Flag Etiquette 10% on 6-11 same flag & set Your only source for flags, flagpoles & Acc. 15% on 12 + same flag & set Dura-Cite : Best quality NYLON. Embroidered stars, sewn stripes Order today , or Champion: 2-ply POLYESTER. Embroidered stars, sewn stripes save as a buyer's guide Endurance: Our exclusive flags. Rugged knitted mesh NYLON. for future reference "X-TENDED LIFE FLAGS" .Sewn stars & stripes. States : Best quality NYLON, Dyed, Heading & Grommets CALL or FAX YOL"I2 BID FOR LARGE QL?ANTITY PRICING To order call : 1-888-369-7636 Or Fax 1-308-254-2419 Or mail to: ConServ, Box 649, Sidney, NE 69162 Fed. ID #47-0626372 S & H $6.95 or 6°/u Of order whichever is greater VISA , MASTERCARD or Check are Accepted Purchase Order from Banks, Government Agencies, Qualified Open Accounts (Net 30 days) I Some Federal Government buildings mandated to display POW/MIA flag on National Holidays. JUL 23 '80 22 23 PAGE. 81 interoffice MEMORANDUM To: William G. Berg, Jr From: Marlene St. Subject: Penn Station Development Agreement / AZ-00-011 / By: Lee Centers Date: July 18, 2000 Will: Please find attached the revised Development Agreement in AZ-00-011 for Penn Station Apartments. Please note that on page 10, under 6.23 the language pertaining to the 7 extra parking spaces has been deleted. Mr. Centers will be in this afternoon to pick up the original Development Agreement for signature. If you have any questions on this matter please give me a call. Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\Berg071800.Mem ,~ JUIy 24, 2000 AZ 00-011 MERIDIAN CITY COUNCIL MEETING AUgUSf 1, 2000 APPLICANT Pangaea Land Planning ITEM NO. Fi REQUEST Development Agreement: Annexation and zonin of 3 4 acres from RT and R1 to R-15 for proposed Penn Station Apartments -south of Fairview Avenue on the east side of Stonehenge Way 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 COU ~ """~ nISTRICT: CENTRAL NAMPA ~ (j G SETTLER' V"`C~'~r~~ S `'~' ~ -~Ir~- IDAHO r „1, , V US WF '~~ ~(~ INTEF r`-'" p,~ ~~ i' BUR' OTI C ~- Matedals preser~re~. ~___ COMMENTS See Development Agreement ~~~~~ ~,5~ Date: ~ Phone: ~~~ (qj C~'Z„ is shall become property of the City of Meridian. /'~~ WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW ]ULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL ]OHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F NICHOLS'~ TERRENCE R. WHITE'~'~ CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR ""ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email Via Internet @ wfg@wppmg.com June 27, 2000 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 R,~CE~D J U L 2 6 2000 CITY OF MERIDIAN NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Re: CENTERS CONSTRUCTION /ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-00-011 Dear Will: Please find enclosed the revised Development Agreement, Resolution and Certificate of Clerk, for the above matter. Please note that Daren Fluke has requested to be removed from the Development Agreement, and pursuant to his written request in his letter to Mr. Nichols dated July 26, 2000, the Development Agreement has been so revised. This matter has been placed upon the agenda for August 1, 2000. The Development Agreement will now require the owner/developer's signature. After Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". Very truly yours, `" 1. ~~~_ Marlene St. George, Legal Assistant to Wm. F. Nichols msg/Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\FFCL and DeVAgtC]kTWO.ltr July 24, 2000 AZ 00-011 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Pangaea Land Planning ITEM NO. 2 REQUEST Ordinance: Annexation and zoning of 3.4 acres from RT and Rl to R-15 for proposed Penn Station Apartments -south of Fairview Avenue on the east side of Stonehenge Way 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Ordinance ~ ~, ~~~ ~p 1 ~y9 Contacted: ~.(. Ci:~~~'S L~- Date: ~(26(QD Phone: ~~ p ''~ ~ ~ ~2"' Materials presented at public meetings shall become property of the City of Meridian. ~.. ~-.. ,~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLE1N FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III STEPHEN L. PRUSS BRENT ]OHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE *ALSO ADMITTED IN OR '*ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 288-2501 FAX (208) 466-4405 Email via Internet @ wfg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE June 27, 2000 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: PENN STATION APARTMENTS AZ-00-011 /ANNEXATION AND ZONING ORDINANCE AND CERTIFICATE OF CLERK (R-15) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Penn Station Apartments by Pangaea Land Planning. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very tr you ~'° i;%6~% Wm. F. ichols msg\z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\Clerk on Ord .Ltr . _. ~ _ 'Certified Mailing Refiu Pro'ect Na " J n~~~ ~~~ File No(s) ~~ Date of Hearing Name Address Reason for Retum ~ ~ ~~'' ~ ' ' 2C~.r ~-~~ ~ ~ ~'~T ~~~7 ~ ~ ~~ ~t1., 'r ~ ~C~ y-, I~ ' I ~ ~L ~~~ Ctcr~c L ~~ x ~ `~ IUD i 1S 3~~`~ ~, -, " ~" ~ ,,,, >> ~ _ _ p July 28, 2000 AZ 00-0 l 1 MERIDIAN CITY COUNCIL MEETING July 5, 2000 APPLICANT Pangaea Land Planning ITEM NO. Ci REQUEST Findings AZ of 3 4 acres from RT and R1 (Ada County) to R-15 for proposed Penn Station Apartments south of Fairview Avenue on the east side of Stonehenge Way 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings ~~~ ~r~ Contacted: ~F"~' ~'1 ~~~ i;t <<~ ~ Date: ~;~ ~ °~ Phone: ?,l~C~ r ~~ ~ ~' Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III STEPHEN L. PRUSS BRENT ]OHNSON ERIC S. ROSSMAN D. SAMUEL ]OHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F NICHOLSs TERRENCE R. WHITESs CHRISTOPHER $. NYE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208)466.9272 FAX (208) 466.4405 "ALSO ADMITTED IN OR •"ALSO ADMITTED IN WA June 27, 2000 William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 PLEASE REPLY TO MERIDIAN OFFICE Re: PANGAEA LAND PLANNING /ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-00-011 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 20, 2000, and which are on the agenda for July 5, 2000. I have also attached the originals of the Resolution and Certificate of the Clerlc for the Development Agreement for owner and developer's signatures. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of July 5, 2000, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the four Development Agreements as Exhibit "B". Email via Internet @ wfg@wppmg.com June 27, 2000 Page 2 r1 After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signature. Very m. F. Nichols msg/Z:\Work\M\Meridian 15360M\Penn Station AZ & CUP\FFCL and DevAgtClk.ltr June 15, 2000 AZ 00-011 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Pangaea Land Planning ITEM NO. 11 REQUEST Anexation and zoning of 3.4 acres from RT and Rl to R-15 for proposed Penn Station Apartments -south of Fairview Avenue on the east side of Stonehenge Way 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached minutes See attached Recommendations f~ ~~~~ ~~ ,~~1 w ~~ `6~" Materials presented at public meetings shall become property of the City of Meridian. ~) l~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLE[x l'7scHE32 200 EAST CARLTON AVENUE NAMPA OFFICE 104 NINTII AVENUE SOUTH WM. F. GIGRAY, UI BI2ENT L TOHNSON POST OFFICE BOX 1150 MERIDL4N, IDAHO 83680-1150 POST OFFICEBOX 247 IDAHO 83653-0247 NAMPA D. SAMUEL IOHNSON WII,LIAM A. Moxxow , TEL. (208)466-9272 FAX (208)466-4405 WII.LIAM F. NICHOLS CIIRISTOPHQi S. NYE TFa. 208) 288-2499 Fax (~08) 288-2501 PHII,IP A. PEfIItSON PLEASE REPLY TO STEPHEN L. PRUSS ~RIDIq~r p~~ Exlc S. RossMax TODD A. RossMax DAVID M. SWARTLEY TERxExcER WHITE ~' ~ ~ .-~' ~ June 5, 2000 JUN - 6 2000 To: f `~' ~~ ' ~'~~~~ ~'~~ licant App . Affected Property Owner(s) Re: Application Case No. AZ-00-011 Hearing Date: Iune 20. 2000 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 ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefixll complete (be sure it is leg~i1ble) the Position Statement if you disagree with the Findings and-Recommendations of the Plannung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare 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 ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the pity Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wfiich can be signed by the representative for the group. IYi %`~.1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 3.4 ACRES FOR PENN STATION APARTMENTS AT STONEHENGE WAY ~ SETTLERS CANAL Case No. AZ-00-O11 RECOMMENDATION TO CITY COUNCIL BY PANGAEA LAND PLANNING 1. The property is approximately 3.4 acres in size and is located South of Fairview, west of Stonehenge Way. The property is designated as Penn Station Apartments. 2. The owner of record of the subject property is Centers Construction, Inc., of Meridian, Idaho. 3. Applicant is Pangaea Land Planning, of Boise, Idaho. 4. The property is presently zoned by Ada County as R-T/R-1, and consists of vacant land. 5. The Applicant requests the property be zoned as R-15. 6. The subject property is bordered to the south by R-8 single family dwellings, and to the north and west by C-G and to the east by R T and city limits of the City of Meridian are adjacent and abut to the north, south and west of the RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 3.4 ACRES FOR 40 UNIT APARTMENT COMPLEX - PANGAEA LAND PLANNING (r~l subject property. 7. .The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: l Omulti-family residential units containing 4two-bedroom dwellings. 10. The Applicant requests zoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 3.4 ACRES FOR 40 UNIT APARTMENT COMPLEX - PANGAEA LAND PLANNING !.+~-~l 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. 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. A variance not to the Settlers Canal has been requested by the Applicant. 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 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation to address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. Z:\Work\M\Meridian 15360M\Recomtnendations~/1ZO11PennStation.wpd RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 3.4 ACRES FOR 40 UNIT APARTMENT COMPLEX - PANGAEA LAND PLANNING Meridian Planning and~'"ning Commission %`-~ May 24, 2000 Page 40 past is we stay here and it is twelve o'clock and then we tell the people its too late. I don't want to do that tonight Mr. Chairman. Borup: I don't want to stay all night either. We have all ready continued one thing to the next meeting. If we do some more, then we won't get through the next meeting either. Let's quite talking about it and get into it. Brown: I guess I don't have a second. Norton: I'll second that, I'm sorry but these are way to late. When I get home at 2 a.m. and have to be at work at 7:30 in the morning, it is hard all week to try to get caught up. These are way to long agendas. Borup: Motion and second, all in favor. MOTION CARRIED: ALL AYES Swartley: Mr. Chairman, why don't you make sure that the people who are here- Borup: Your saying we are only going to hear one more application. Brown: I think what we need to do is tell the people who are here for the landscape ordinance and the preliminary plat that we are not going to get to them tonight.' Borup: Which is item number 9 and 10 will be proponed to June 13tH 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 3.4 ACRES TO R-15 FOR PROPOSED 40-UNIT APARTMENT COMPLEX (TO BE CALLED PENN STATION) BY PANGAEA LAND PLANNING-SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY: Siddoway: This is Penn Station Apartments for a proposed 40 unit apartment complex. The requested zone is R-15. There is 3.4 acres total. There is two canals on site. The Settlers Canal is the northern most. It is proposed to remain untiled. This is the Flem Canal which sets just south of this one. This is proposed to be tiled with a -this is the location of the pedestrian pathway that they are proposing on their site plan. South is Danbury Faire Subdivision. Some lots have fence and some do not. There is a junk yard to the east. This property does not go all the way to that. Directly north there is a vacant parcel that is zone C-G. The proposed apartments would sit between the existing Subdivision and these commercial properties. Parking half covered, half uncovered and they have 10 buildings with 4 units per building for a total of 40 apartments. This is the landscape plan. You have our staff comments that are dated May 18th. We do have a written response from the applicant. One of the issues they brought up was that they were not submitting for planned development, but I would point out that this is in the mixed planned use zone in the Comprehensive Plan and as such is required to come through as a planned development and meet those standards. 1~~ 1 Meridian Planning anca'~ning Commission ` ~ May 24, 2000 Page 41 Freckleton: Mr. Chairman and members of the commission, I just wanted to point out that Steve's comments he talked about the fact that the applicant was wanting to leave the Settlers canal untiled. It is city ordinance that it be tiled so I believe that the applicant would need to file an application for a variance. In our staff comments we do state in there that staff would support the design with leaving the Settlers untiled with pathway along the north side of the property. The proposed 5 foot gravel walk path must be concrete or asphalt to match the rest of the pathway system. Also, we did not that due to the high density of the proposed use, safety may be a concern with the Settlers Irrigation District and also the City of Meridian if there is no fencing along that canal. I wanted to raise those points. Borup: I did neglect to open both hearings. I'd like to do that right now. 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED 40-UNIT APARTMENT COMPLEX TO BE CALLED PENN STATION APARTMENTS ON 3.4 ACRES BY PANGAEA LAND PLANNING - SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY: Borup: Mr. Siddoway I assumed you'd like to incorporate your previous comments with item number 8 also. Siddoway: Please incorporate my comments. Borup: And Bruce Freckleton's. Any questions from the Commissioner's. Do we have the applicant or their representative here this evening. Fluke: Mr. Chairman and members of the commission my name is Daren Fluke. I represent the applicant in this matter. 408 W. Idaho in Boise. As staff stated, we are asking for 40 units on this 3.4 acre site. The site is well located for this particular land use. It is a very difficult shape. It makes it impractical for the site to develop with single family dwellings. When the applicant looked at buying this site, the first consideration is what does the Comprehensive Plan say. It is designated at a mixed use site. That is because we've got single family dwellings on side of us. We've got commercial on one side of us and we've got good access to a large number of services which is what you want for a higher density development. People in this development will not have to get in their car to go to the store. The proximity to commercial makes it very attractive for this type of land use. This isn't that high density of a project. The R-15 would allow up to 15 dwelling units per acre. We come in at something just over 10 to the acre. That makes sense given the land uses that are around us. It will act as a nice buffer in- between the commercial land uses, Fairview Avenue and the lower density single family dwellings to our east. When we came in to look at designs on this parcel, the configuration is extremely difficult to work with because we come to a point in this area. There is a lot of wasted land. Our primary consideration was, how do we buffer these folks, these single family dwellings, from what we want to do on this property. With that in mind, we design it with a 10 foot buffer strip which we will be building a six foot (r ~ Meridian Planning an~lning Commission May 24, 2000 Page 42 screen fence and extensive landscaping in there. We've got a 25 foot internal drive. We've got 20 feet of parking before you ever get to the building. So your looking at 60 feet before you ever get to one of those buildings. I would point out these folks have a 20 foot set back between their dwelling and their rear property line. These buildings are something like 85 feet away from these folks houses. They are two story units. They have balconies off the back, so our objective here was to create an internal courtyard where we could focus the patios internally rather then having these buildings that lord over the single family dwellings. You gain (Inaudible) scale with the two story building. You have the same footprint. You have the same utility requirements as far as hooking as you would with a single story, but you get double the number of units. If you think about what may be going in to the west of us, it has frontage on Locust Grove. Currently it is designated mixed use in the current Comprehensive Plan. Under the new one we are not sure. It is likely that this would develop with something even at a higher density than what we are proposing. In summary we think we have developed a quality product here. We've made very efficient use of this site. Again, we are only at 10 units to the acre and it is a good high quality project. It works very well for this particular site and for what the city is looking for in this area. I need to address some of the issues that came up in the staff report. I hope you have my written responses. Borup: We did not get a copy of response. Fluke: On page 2 bottom of the page, small a and small b, driveway width at 20 feet instead of 25. I think that was amiss-reading of the plan. We show a 25 foot drive. On the provision of the maintenance building, several of these issues all point out deals with specifically with whether we are a conditional use or planned development. From my reading of the ordinance as welt as the Comprehensive Plan, I did not believe that a planned development was required and was not aware that that was the policy of this body. It is not a problem for us. We meet most of the standards but would have to ask for consideration on a couple of items. One would be the provision of a maintenance building. Fora 3.5 acre site, it is simply not necessary. The land owner contracts with a company that maintains alt of his facilities. He operates several of these type of facilities. We simply don't need a maintenance building on the site. The RV and boat storage, Again it is not practical on our site. These units are not typically the sort of units where we have a tot of recreational vehicles, boats. We do have a storage facility just across Fairview from us and we'd ask for some consideration on that. On the tiling of the Settlers Canal, again we feel like this acts as (inaudible) to the project. Our site plan does show that we have a path along that providing a connection to the east. We anticipate that that will develop to something at a higher density and that pedestrian connection will add to both projects. We don't have a problem installing street lights per condition number 13. It is written awkwardly and we are not exactly sure what staff is asking for there. We would point out that we did indicated to our neighbors that we would keep the lighting to the minimum on the site and that we would fit all of our site lighting with cut off shields. This developer will own and maintain this project so number 15 is not applicable. He will also own and maintain the irrigation system. We would prefer to provide all of our irrigation from the water right that we have on the property from surface irrigation water, water (inaudible) hooking to the municipal system to Meridian Planning anc~''`~ning Commission ~~' May 24, 2000 Page 43 provide irrigation. Number 20 is a key item for us. It is talking about an additional parking above and beyond the two required per dwelling unit. Again we are working with a constrained site here. I originally laid this site out with one and a half parking spaces per unit and it worked well. But, of course, we need two so we did that and that ate up a bit more land. If we were required to add an additional parking spaces, it would really eat into the amount of land that we are able to devote to open space. I did submit calculations in my written response showing that we are per your definition of what can be used for open space, we are at something like 30% has been left open either in landscape or in usable common open space. That is all I have. Borup: Any questions from the commission. I didn't see where you really had any question on any of the staff comments other than the parking. Fluke: The parking. The provision of a maintenance building and out door storage. Otherwise, we are fine. Borup: Do we happen to have anyone who would like to come forward on this? Fastabend: Greg Fastabend. I live at 1101 N. Shreveport which is in the Danbury Faire Subdivision and I am here speaking on behalf of the homeowners association to discuss our concerns not only from us as board members, but also from the homeowners that they have raised about these two motions. First of all, the change in zoning from multi-use to R-15 and the proposed Penn Station Apartment project. First of all in our concerns about the zoning issued, we understand the Comprehensive Plan of Meridian. We oppose the change in zoning and that approving an apartment complex immediately adjacent to our low density residential housing would not in any way be compatible with our existing homes and development. Mr. Fluke has raised a lot of issues about the constrains that he is under due to the small property size that he is working with. We do not feel that is planning and zonings problem. You should not have to make concessions to this proposed development in an extreme nature to allow it to go forward. We are concerned that a change in zoning of this property would set a precedent for the neighboring undeveloped parcels. We know that Dennis Baker who originally developed our entire Subdivision owns the property that is behind Intermountain Sports and that other owners own the other two horizontal properties. We are concerned that if this small 3.5 acre parcel is zoned to R15 there would be very little opposition to the rest of END OF SIDE FIVE Fastabend: being placed within this close proximity of our subdivision. We have also been informed that Dennis Baker had some sort of an easement agreement with Settlers Construction which is the developer under the Pangaea Group, that he would be granted some sort of a road easement into his larger property which would allow him 2 points of egress. Ada County has declined a traffic study for the impact of this development although they have given us an estimate that 2~4 car trips per day would come out of this apartment complex. Another issue with traffic is that the entrance or Meridian Planning and'``ning Commission '~"' May 24, 2000 Page 44 turn lane into the Idaho Athletic Club is exactly opposite of the turn lane going west on Fairview to come into Stonehenge. All of this will increase the traffic coming into this Subdivision. Regardless of what development goes on here, the traffic will increase in our Subdivision. We are concerned about high density development. In the initial proposal it was suggested that the apartment complex would benefit the area and increase property values and we do not believe that is true. We are thankful that this development has been proposed with our concerns in mind and that they have gone to great lengths to buffer us rather then place the apartment buildings right on the rear property line. We still do not feel the two story buildings will be compatible with our Subdivision. They will be visible from Penrith through the houses and there will be a large visual landmark as you gone in on Stonehenge. For those reasons we would greatly appreciate a that this zoning is not approved and the landowner find some other way to utilize this property and regain his investment in it. In addition to that, Mr. Fluke did mention that the berm that is going in will include a screen fence, his original design called fora 6 foot cedar fence, which is compatible with the covenants for our Subdivision. We would be greatly opposed to a screen fence. Other concerns are the types of trees, the nature of the berm and- Brown: Are you telling us you don't want a berm. Fastabend: No. Our concern would be what types, how fast growing. Some of the concerns our homeowners have raised to us and ask that we present to you. Another concern is we have been told the leases on these properties would be month to month rather than long term. Long term tenants take better care of their property than short term. We are concerned about our property values because of the way this project is nested in along our entry to the Subdivision. It may be permanently associated with our Subdivision. In closing I would like to reiterate that we do not agree with the possibility this could be rezoned to high density. We would hope that the commission would vote along the lines of the master plan. Inclosing I would like to present a petition that we gathered signatures of members of our Subdivision who are opposed to this development. 99 percent of the people we contacted were will to sign the petition against the rezoning and possibility of the Penn Station project. Brown: You said that you think there should be single family homes behind Intermountain Arms. Is that what your recommending to us. Fastabend: We would recommend that any development going in would be compatible with our development that is currently there. Intermountain Arms is a commercial that would have to be contended with. Next to it is a junk yard Brown: From previous comments that this commission received from staff, at a minimum for the mixed use areas that would be a R-8 zone, which is definitely higher then what would be considered a single family. Fastabend: Our largest concerns would be the increased density of having two story apartments on the property. I do not think the majority of residents would be opposed to Meridian Planning anc"'~`~ning Commission `"""' May 24, 2000 Page 45 duplexes of a single story that would allow the developer to place a higher density of tenants or owners on the property but would not create a two story building which would look down into the back yards. Brown: You would be closer when you abut two neighbors together and one is two story and one is not. You only have forty feet between the buildings and they are looking down in. They are similar uses. Somewhere you have to have a transition from the commercial to the residential. Typically apartments and higher density are recommended as you transition to the commercial area. That is historic where ever you are and that is why in my opinion the Comprehensive Plan is put this as a mixed use. Fastabend: Is it possible that duplexes or patio lot properties would provide the same transition. Are apartments the only answer? Brown: Well, lets say that they were townhouses. Most townhouses that I have been in contact with are still two story. What you still have is something that is taken a greater distance away from you. When you have a townhouse tike every other single family owner, you don't want your own backyard so then you have the units closer. This is what I do for a living. I would put them closer to you if I put townhouses in. I would butt them up to you. You'd have a two story townhouse that would be closer to you then two story four plexes. At a bare minimum from what staff is telling me, we could go with a R-8 and they are asking 10 to a acre. I telling you this is an appropriate land use from a annexation standpoint. The highway district required you to line up and the reason Idaho Athletic Club entrance is where it is at is because someone (inaudible) first and they had to line up with you. That way they can control the traffic. Fastabend: If a proposal is not made at this time for a road to be made or access off of this proposed-as far as I have seen so far that has not been proposed to the commission (inaudible). Is there anyway that would change and they could be allowed to add in a access which would connect to- Brown: That would be modifying the conditional use permit and they'd be back before us again. Fastabend: On your comments about higher density homes, it may be true that townhomes would be closer to the existing homes and some of the residents on Penrith may feel it would be a better solution to have if we are destine to have high density two story buildings. They may feel it might be better to have apartments that are farther back from their properties. I personally would feel that although a townhouse solution would be closer to the residents at Penrith that it would provide a better mix with our Subdivision in the long run because the townhouse owners would personally own their own proprties and they would be more inclined to maintain them and be more of a permanent residnet to their property then a apartment renter. Meridian Planning anc'"'aning Commission '`"`~ May 24, 2000 Page 46 Brown: Now their owned units instead of rented, then does the homeowners association not have as much a problem. Lets leave them right where they are at and they are condos. You buy the space inside that building. Now you have buyers. Fastabend: That would greatly appease the homeowners association in that that would change the nature of the tenants and the way that they would interact with the existing homes. McNitt: My name is Steve McNitt. I live at 1472 N. Penrith. As far as the project that is being proposed right now, the traffic issues are a major concern. I live right on the corner of the proposed project. Whether or not Planning and Zoning Commission can do anything about what Ada County allows through there is another story. Stonehenge Way goes all the way through Pine. It is used regularly. A couple of issues I have is some of the wording under the Comprehensive Plan and the way that Daren perceived it. First off he said it would be a good project for people to be able to access the commercial areas around. The only business that this group would be able to access safely would be Intermountain. Currently there is no sidewalks on the south side of Fairview or any of the commercial going to Locust Grove. There is no sidewalk on Locust Grove that would accommodate without crossing either Fairview or Locust Grove to walk to these commercial areas. I have lived there for 6 years and I am not walking on Fairview. One problem I have with the two story complex the way they are, even with the 6 foot fence, I am still going to have people looking into my backyard. It was first understood that that would most likely be zoned R-8 with single family dwellings. I would be much happier with a R-8 single level house behind me 20 feet from my property line than I would be 60 feet away with a 25 foot building looking down into my backyard. Brown: That could still be a 2 story because of the site constraints to get the 8 units per acre- McNitt: Only if that person was willing to lose month the minute you built it. So, R-8 is not just single family dwelling. Danbury is a R-8 zoning is that correct. Okay. In their multi area space they say 2 acres of the site is to be given to open space. Problem with that is the end down there they must build a swale by the ordinance to allow for their 100 year plane. One point of interest that effect just my house and that's as you make the turn into that complex there my house sits right there on the corner where the proposal is set to go in. When those cars come in and make an immediate left hand turn into that property, I will be visiting with headlights all night long into my bedroom window. Something has to be addressed there. Brown: Are you bothered by them coming down Stonehenge now. McNitt: No I am not. Borup: Not on the plat we've got. Once they turn left they are going away from your house. Meridian Planning anc'''~ning Commission ""'~ May 24, 2000 Page 47 McNitt: (Off microphone). Glenco: My name is Matthew Glenco. I live at 1011 N. Maple Creek Avenue. My comments are brief and not raised by anyone else. One of the greatest concerns is the nature of the residents in this kind of construction particularly being a month to month. The problem I see my having entrance as part of Stonehenge which is effectively part of our Subdivision they by default become part of the Subdivision enjoying some of the benefits in the Subdivision which we as homeowners association pay our dues to maintain landscaping between Fairview and along Stonehenge until you get into the houses. We have a couple parks that are close to that area that will also be utilized by people living in that structure. I do very much prefer the concept of condos. Part of that community that is in the Subdivision I do like the idea better if people who are vested in the area and that would possibly able to be incorporated within the Subdivision as part of our program participating with the homeowners association and also especially since I don't see any other way that they can have egress or ingress so they may as well be part of what we are doing there and participate with landscape. Powers: My name is Rob Powers. I live at 1348 N. Penrith right where the pie comes to a point. My concern is that empty space and the adjoining property that is going to have a access. Looking at that site plan there where it is empty, some day there could be a road right through there to go to the acreage behind it. 1 am just wondering. There is no other access back that way. Borup: That is not part of this application. There is no road or road easement. Using your analogy they could build a 30 story office building back there and that is not going to happen. They would have to come back before us. One of your previous neighbors said it wasn't even a usable area because it is a swale. This is the drainage swale in this area. Powers: What I was told is they were granted access to Dennis Baker who owns that land behind there. Borup: We will ask the applicant about that. Powers: One of the other concerns was lighting. I purposely built my house with the livingroom facing the back so I would not have headlights. If the road does go in there it defeats my whole purpose and my property value is shot. Borup: Thank you. Do we have anyone else. Billings: My name is Janelle Billings. I live at 1265 N. Sanlan which is right in the very center of the neighborhood. I have a large concern about traffic that comes through there. We have a large amount of traffic that comes from Pine through to Fairview and vice versa. We have had several problems with the speed of people who are not residents of our neighborhood. Meridian Planning anc'"~ning Commission '°'` May 24, 2000 Page 48 Jewett: Jim Jewett. 4002 W. Teter. Just for a point of clarification, I was the previous owner of this piece of property. I did enter into an agreement with Dennis Baker for an easement and as of yesterday we signed an agreement vacating and doing away with it. There is no more easement across this property. Centers: Lee Centers. 325 Meridian Street. We designed this not to impact the neighbors. The four plexes the only windows facing that way are the bedrooms. The rest are all out the back. I don't know how it got started but we always do a six month lease. Never a month to month. We are going to screen with a lot of arbavitas and a six foot fence. There will not be any light penetrations. The gentleman who is on the corner, we'd be glad to screen him with anything that would deflect light there. Brown: Mr. Centers is the same unit on the north side of your property. Do their windows and so forth face the back of the building and is that where if everything is to the north and it looks like the same units up there, are those different or all of their windows in their living space facing toward Intermountain Arms. Centers: All the living spaces are the opposite side of the parking. The only thing in front are two bedroom toward the parking. Norton: What type of construction materials are these apartments going to have. Centers:. These will be a 25 year composition roof. They have metal fascia and soffet and they will be the new vinyl siding. Vinyl windows. Iron Railing. Concrete treads. Low maintenance. Norton: Do you have a maintenance or management company. Centers: We do our own. Barbeiro: Mr. Centers will these be similar to the properties you have behind your office. Centers: Just like them. Fluke: I'd just like to touch on some of the concerns that were brought up. We heard quite a bit about compatibility. I stress that these are similar land uses, residential land uses. Compatibility means what can this land owner do with his property and so it in such a way that we don't have adverse impacts on other people. We think we have addressed those concerns by this layout. We anticipated that this would be the big issue and that is why we laid it out the way we did. We are proud of the layout. Regarding the comment for setting precedent for higher density's I just say that your Comprehensive Plan envisioned higher densities in this area and this zoning designation is in keeping with the Comprehensive Plan that this body has adopted. As far as traffic, 264 trips a day sounds like a lot. In actuality that is quite a low number. Meridian Planning anr~~ning Commission '"` May 24, 2000 Page 49 The highway district anticipates each unit in a development of this nature generates 6- 1/2 trips per day per unit. If we were to come in and do an R-8 on this with attached single family, townhomes or detached single family, we would be looking at probably 4500 square foot lots with 50 foot frontages. To do that we would be building skinny two story structures. If we were able to fit 25 of those units on this parcel, we would be looking at 10 days a day from each one of those units, which is 250 trips. Right there we are all most at the number the highway district anticipates. As far as reduction in property values, there has been no evidence submitted to you that would collaborate that. The weed patch that is sitting back there now is more likely to reduce your values. This developer lives in the community and maintains and operates them himself. It doesn't do him any good to have junky looking facilities with nasty people living in them, so they are well kept facilities. Clarification on the fence. When I said a screening fence I confused somebody. We have committed to a six foot cedar fence that will screen views at least for that six feet. We were not intending on putting a berm on that property line, however, we only have 10 feet there to work with and we would rather put our resources into putting dense landscaping along that road. Cut through traffic- you've got connections, your ordinance supports connectivity -yes there will be some traffic that goes through that neighborhood, but again we are a pretty low number of trips. Those 264 trips are spread out during a 24 hour period as well. Peak hours will see more traffic but not the majority of traffic. That is all I had. Siddoway: A couple final comments. I have had a chance to review in more detail Mr. Flute's responses to our comments. His response to number 7, I have no problem with the modifications. Number 13, I have no problem with the modifications. Number 14, we have no problem with the service irrigation water being the primary source of water, but we do require year around water and we would need to make sure that that is clear. No problem with number 15 and 19. No real problems with number 20, but I would bring it up that there are no visitor or parking spaces on this site. Strickly the two parking spaces per unit and the ordinance provides that the commission can recommend to council to require up to 13. I don't know where they will put it. It is very maxed out but I just point out that they are meeting the minimum standards of two spaces per unit with no additional visitor parking and that needs to be addressed by the commission. Number 21 and 25 no problems with those. Brown: Your telling me that the ordinance only requires 2. Siddoway: Two per unit. There is four units we have 80 parking spaces. Brown: The ordinance does not require the three that your asking for. Siddoway: What the ordinance does is allows in planned developments that are residential, one additional parking space beyond that which is required by the zoning title may be required for every three dwelling units to accommodate visitor parking. It is the commission's call. It say's maybe, not must be. One per 3 dwelling units, that would be up to 13 additional parking spaces. Meridian Planning anc''`'jning Commission "~` May 24, 2000 Page 50 Borup: Any other questions. Steve, what would be the normal secondary source of water then. You mean tie into city water to be continuous year around. Freckleton: Members of the commission, the requirement by the City of Meridian for the year around source is mainly to provide water pre irrigation and post irrigation season. We don't want people watering their yards in December. We do request that they look at other alternatives and if they do have surface water that is there from a drain that may run preseason and post season that they would use that as a secondary. If there is an existing well on site that they could utilize. Typically they look at the city for secondary source. You may have seen in other comments as a single point connection. Borup: Thank you. Siddoway: My final comment would be in the Comprehensive Plan specific to this area page 28 for the mixed use area at Locust Grove road and Fairview Avenue. 5.17U - A variety of coordinated planned and compatible land uses are desirable for this area, including low to high density residential, office, light industrial and commercial land uses. 5.18U -That existing residential properties will be protected from incompatible land use development in this area and that screening and buffers will be incorporated into all development requests in this area. As staff we feel that both these are met by this plan with the conditions that we requested and placed on it. Hatcher: Mr. Chairman i move that we close the public hearing-both of them. Brown: I'll second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: The motions will be on one at a time. Item number 7 is request for annexation and zoning. Any discussion. Barbeiro: t would like to address my discussion to both item 7 and 8. I know Mr. Center's properties to be very well maintained. His management is a excellent property manager. The site really does not have a real good access. It will -the neighbors arguments that this will become the Danbury Faire Apartment complex is compelling and I have to follow along with that. The single access into this Subdivision road does worry me and knowing that it is on that turn and I do know that turn is not a well planned turn. It will be a blind corner at times. I am a little concerned that they move the buildings far away from the neighbors but that now the neighbors have the traffic going back and forth in their backyard as opposed to having a building in the backyard. There is a poor access to a left hand turn on Fairview and this property is going to have a negative effect on that. I would prefer that there were visitor parking in there. While the new proposed Comprehensive Plan is not in effect and can not be implemented on this, that land is called for a public use not fora mixed residential. Meridian Planning anc~-fining Commission May 24, 2000 Page 51 Borup: Anyone like to add to that? Anyone want to make a motion. Norton: I'd like to ask staff, is there anything that can be done regarding that road? The other question is can the apartment building contribute to the homeowners association or to maintain that long extension out to Fairview. Siddoway: It is a land locked parcel. It is the only frontage that it has. No, not unless the property to the east developed and provided a stub street to them. Currently, the only frontage this parcel has is at that point. The maintaining would have to be voluntarily done by the owners of the apartment complex. Borup: Anyone else have thoughts other than sit here and make it till midnight. Barbeiro: With all due respect to Mr. Centers and his plan, I would submit to City Council that we do not approve the zoning request for annexation and zoning of 3.4 acres to R-15 for proposed 40 unit apartment complex. Brown: I would ask a question to Commissioner Barbeiro what is END OF SIDE SIX Brown: high density office and commercial. What would be the finding for that recommendation. Barbeiro: I am finding along with a large number of neighbors who are here the poor access to the entrance. I would like to have seen a combination of single family homes that went along the existing neighbors at Danbury Faire and then perhaps combine that with apartments that would go right up against where the Intermountain Arms is at and giving the neighbors the single family home buffer and putting the apartments up against there will give yourself a buffer against the commercial zone. That was my preference. Borup: And, how does that help their main concern of traffic. Barbeiro: I don't have a answer for you. I was just giving a proposal of what I thought would be preferable design in keeping with a poor piece of land and the neighbors desire to have single family housing abutting their own homes. Borup: So you saying put some more single family housing in abutting the apartments. Barbeiro: Yeah, very similar to what we say at our last meeting there Fairview as we move in to just west of Locust Grove. We have commercial, single family housing and apartments along that existing mobile home park. Borup: We do not have a second so do we have any other motions. Meridian Planning and-fining Commission ^ May 24, 2000 Page 52 Norton: I'll second that on the reasoning that the traffic situation is a very serious concern and if we have to wait a little longer until another site is developed until these people have access in and out another way, might make more sense to just hold off on annexing that property at this time. The traffic situation on Stonehenge would my reasoning to deny this. Borup: Motion and second. Discussion. Would anyone like to reiterate ACHD's concern on the traffic. Steve. No I don't think they had any. That is why I asked. Siddoway: ACRD hasn't mentioned traffic concerns as one of the residents testified they declined to do a traffic study. Most of the site specific requirements have to do with curb gutter and sidewalk. Utilities, street cuts, location of driveway, paving requirements, access points. They do state the estimate trip generation of 264 additional trips per day with zero existing but don't elaborate any farther then that. Borup: Does that usually mean they don't have any added concern on the added traffic to the road system. If there was they mention it. Any other discussion. We have a motion and second. If not more discussion, all in favor. TWO AYES, TWO NAYS Borup: This was a motion for denial. In light of our constrains on the ordinance and Comprehensive Plan I am going to have to go nay. You open for another motion. What is something that is going to be logically be able to put on the back side of a commercial building and near a junk yard. It is hard to make an argument for single family residential in a location like that. Brown: Along Fairview the other uses that have been used in similar situations are storage units, like the ones behind Fred Meyer. The other ones we have recently approved have been apartments and other commercial uses. Hatcher: Although I feel this project has some problems I think with staffs comments, most of the issues will be resolved. I find myself torn to make a motion to approve it just on the status of my architectural background and not having any information in the conditional use permit as to the appearance and design of the building themselves. Because of that lack of information, I can't approve or deny this project. Architectural design information I believe is typical application information for a CUP. Siddoway: The architectural design information was submitted, it is required with the application. It should be in the City Clerk's-they probably just submitted them on large sheets that did not get reduced down to the packet size. I believe we could retrieve those. I know they exist. They show the elevations and the construction materials that was required to be included with the application. Meridian Planning anc""~ning Commission '"'` May 24, 2000 Page 53 Borup: The only additional comment on that I guess that it was testified that it was the same design as the existing apartments they have on Meridian Road across from the Bowling Alley. Hatcher: That does not help me on this project. Borup: Will has looked through the file and there is nothing in there. Hatcher: Seeing that that information has not been submitted, I personally would recommend that that this be tabled until that information is properly submitted and had adequate time to review it. Borup: That is one option. Are we comfortable with the parking spaces. That was the one thing from staff comments that was not addressed. Brown: I think they do need some additional visitor parking. Like staff and the other Commissioner's I don't know where they are going to put it. Borup: I see a real problem trying to get 13 additional spaces. A couple maybe. Have you had a chance to review the plans commissioner Hatcher. Norton: Staff are these one bedroom apartments or two bedroom. Siddoway: I believe they are two bedroom apartments. Hatcher: In light of the additional information I will motion to City Council that we recommend approval of the project as submitted including all staff comments that would be approval of the annexation and zoning of 3.4 acres to R-15 for proposed 40-unit apartment complex to be called Penn Station Apartments. Brown: I'll second. Borup: Any discussion. All in favor. MOTION CARRIED: 3 AYES 2 NAYS 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED 40-UNIT APARTMENT COMPLEX TO BE CALLED PENN STATION APARTMENTS ON 3.4 ACRES BY PANGAEA LAND PLANNING -SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY: Hatcher: I motion that we recommend approval to City Council for the conditional use permit of the proposed 40 unit apartment complex to be called Penn Station Apartment on 3.4 acres by Pangaea Land Planning as submitted to include staff comments and modifications. Meridian Planning and~oning Commission '"* May 24, 2000 Page 54 Borup: That includes the 13 parking spaces. Siddoway: Comments say up to 13. If you just want us to work with them with an open ended ticket trying to maximize parking we can do that if you can give us a number. There is also the staff comments related to the maintenance building, the RV and Boat Storage and I just went through the response and most of those we did not have a problem with. They are recommended modifications to staff comments. Hatcher: When you were commenting on his response you weren't stating -you were stating you were okay with their stated response. Siddoway: Yes with their modifications to staff comments in those situations. One exception of the irrigation -14 and 20 were the two. Hatcher: What I would do is I would modify my motion to include their response comments, modifying them. To address Item 14 in the underground year around pressurized irrigation that they work with the city to provide year around secondary means of irrigation and to address the item number 20 that they work with staff to provide additional parking spaces and I would have to state that they at least accommodate an additional ten spaces. I think it is fair to say 10 visitor spaces for 40 units. Swartley: Steve, do you have the applicants responses to those. I will go over them with you later. Oh, I have them too. Thank you. Brown: Would you be willing to modify that to 7. I would rather see grass then the parking I guess. Hatcher: Yes. Brown: I'll second. Borup: All in favor. MOTION CARRIED: 3 AYES 2 NAYS Swartley: Mr. Chairman, did you want to open up the public hearing on number 9 and 10. It is up to you. You've done it in the past. I'm just checking with you. I wanted to stay here a little longer. Go ahead and do that and make a motion to continue them to the next meeting. Borup: I'd like to open the public hearing on Item number 9 and Item number 10. I'd entertain a motion on those two items. Hatcher: We all ready motioned to move them to the next meeting, did we not. I motion we continue the public hearings to June 13tH ~. A ~R E A 1. F. S T A T F F R '• G F C l7 R P C) R A T I n IJ June 20, 2000 Meridian City Council 33 E. Idaho Street Meridian, Idaho 83642 RE: Penn Station Apartments Staff Report AZ-00-0I 1 /CUP-00-028 Dear Council Members: ~,, ...ten, ~./ ~• ~{ bi `:~' ~ ~ °'` ~ ~' ~ ~ o zooo CITE ~~ l~~ ~~~~~,f;~'r c~~~~~~ Thank you for the opportunity to submit comments to the reconunendation of the Planning and Zoning Commission on the above noted applications. In general we are in agreement but offer the following comments for your consideration: • Item I . I All driveways as shown on the drawing (and the driveway cross section) are dimensioned at 25' in width. No variance or exception is required on this point. The owner/developer of this project owns several other complexes and contracts with a professional landscape maintenance company for the maintenance of all his facilities. i~?o building is required for the storage or maintenance of equipment on this site. Based upon the owners experience with similar projects, no storage of boats, campers or trailers is anticipated and should not be required on this site. We agree with staff that there are adequate storage facilities in the immediate neighborhood to accommodate this development. The applicant will submit an application for a variance for the requirement to the the Settlers' Canal. • Item 1.14: An irrigation plan is being prepared utilizing surface irrigation water for the waterin~~ of all landscaped areas. The owner asks that surface irrigation water be the sole source of water to the landscaped areas. • Item 1.18: A revised landscape plan has been prepared and submitted in compliance with this condition. • Item 1.19 Additional storage area is simply not warranted for these 40 units. ( Z O B I 345-3 800 F/~ X 1208 1 345-82 3fi 4 0 H W- ~. T I n r. 11 :~ P c7 B _~ X 2 8 y 1 B .^ r_ I ~ n. ~. H :3 7 0 1 ~''~ Two parking spaces per unit is more than adequate for this development. A requirement to add an additional 13 spaces, or even 7 additional spaces results in an excessive amount of paving and eliminates common areas that could be utilized by people rather than cars. Item 1.20: The plan and driveway cross section show 25' driveways. Item 1.24: The project contains approximately 44,959 square feet (approximately 30% of the site total) of useable open space. Specifically, the picnic/stormwater retention area in the south end of the project contains 14,750 square feet, the open common area north of~ the stormwater retention area contains 3,240 square feet, the common area between the buildings and internal drive contains 8,760 square feet and the open area alone the canal on the north end of the project contains 18,209 square feet. ~ /'~ ~~ ~ ~ •'.. _ _ ~ n ~~ \ /--' \ r~1~~~r~ ~~'`. ~ ~. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 20, 2000, for the purpose of reviewing and considering the application of Pangaea Land Planning for annexation and zoning of 3.4 acres from RT, R1 (Ada County) to R-15 for proposed Penn Station Apartments; Furthermore, the applicant requests a Conditional Use Permit to construct 10 four-plexes on 3.4 acres in a proposed R-15 zone for proposed Penn Station Apartments generally located south of Fairview Avenue on the east side of Stonehenge Way. 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 30th day of May, 2000 ~~~,,,++++WI1~1~~~AM G. BERG, J ., C Y CLERK ,``~#,+~~~ O~ E'ER: ~j~~,~'''/r G ~o~o~~ rFa ', PUBLISH June 2"d and 16th, 2000 ~ ~~.~L -~ ~~,~' ~~ ~~ ~~~'~/ ~~~~ ~~ ~ ~ AR~~~~ ~ ~~/ "a i++4~ '~rff~:;;s +; /"~ ~."`~ r~ ~ i'I rtwutuits 4 ~A ~ ~ a : -k i' ~ OL9CZlLOl tS ~ . J6bt 2 ~$ F ~~ drwz ': ~ ~~. ; ~~ :U j ; ,. , .,. _ .~..._. ~ ,,. k ...s„ ;. .. _.. .__......- f - - - ;,r _ a 6 ~ ~ ry . 14 /. o . 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O m ~a3a~n 3 ro o ~ d _ p ^ p __ ~ ~~~~ o (~~ ^ ~ ~ m .~ ~ m 3 Om Z xcp 3 °cN oa o ~', ay d~~'wtDao' ~° S c ~ cD o N i~ w y a p ~ N Nm mn ~ ~ 4 ~°o$3.°j. mD °. ~ m ~ °-'oox.y3 ~ m ~ m y' $ o o a o _ Q~ ~ x o'.a~cfp m ~ -N ~ ~ ~o~d~fD~D mc) an 3 _.,'~ d mmmo°~m°' ~= n~Oi O 7.N ~ a 'a ~ d ~ w cD y. ?> p c~D a~f.~~- ~, 03 ~ m 00~ c'i ~° m ~~ -Op ~'" ?Oo~~m ~ ~ ~~ 'A7 y~ om.~m~ T ~> g~c ~• u,~y3. mp~'Q~~a ~ ~ o ryn c c a'~m ~3 m ~ d ~ ° m ~ _y.~ mod; ~~_. a a°~~°'~ N ~~~$~ ~ p ~~a°~ ~ O a~'.~~q~ /"1 r MESSICK JAMES R & MESSICK RHONDA L 1491 N STONEHENGE WAY MERIDIAN ID 83642-4011 DEBOARD BROCK LEWIS & DEBOARD KAYLYNN 1446 N PENRITH AVE MERIDIAN ID 83642-4024 LACASSE BRIAN J & LACASSE SONYA M 1448 N SHIRE PL MERIDIAN ID 83642-4022 ZUIvi<~'ALT MARK LLOYD n. ZUMWALT ALICIA A 1455 N PENRITH AVE MERIDIr1N ID 83642-4025 ROSS BRAD & ROSS CANDY 1428 N PENRITH AVE MERIDIAN ID 83642-4024 POWELL RANDY H & POWELL RHONNA 1420 N SHIRE PL MERIDIAN ID 83642-0000 KUHNEN-GUESS KRINDA R 1433 N PENRITH AVE MERIDIAN ID 83642-0000 ANDERSON THOI~1r~S R 1414 N PENRITH AVE MERIDIAN ID 83642-4024 SIGGLIN MICI-IAEL S JR & SIGGLIN LORA R 1400 N SHIRE PL MERIDIAN ID 83642-0000 MCDANIEL PATRICK L & MCDANIEL KATRINA M 1411 N PENRITH AVE MERIDIAN ID 83642-4025 r1 BROWN BRIAN J & BROWN DEBORA L 1382 N PENRITH AVE MERIDIAN ID 83642-4034 COYLE STEPHEN J 1295 N LOCUST GROVE RD MERIDIAN ID 83642-5901 ROBERT'S BOB D 1370 N PENRITF-I AVI MERIDIAN ID 83642-0000 PO~w'ELI, TIMOTI-IY 11 & PO~YBLL A1~1Y L 1377 N PENRIT[ I AVE MERIDIAN ID 83642-4034 POWERS ROBERT F & POWERS RACHELLE D 1348 N PENRITH AVE MERIDIAN Ill 83642-4034 HANSEN KORY L 8c HANSEN WENDY M 1361 N PENRITH AVE MERIDIAN ID 83642-4034 CONKLIN MIKE A 1372 E DRUCKER ST' MERIDIAN ID 83642-4032 LEONARD DAMON B & LEONARD KELLY L 1332 N PENRITH AVE MERIDIAN ID 83642-4034 LACASSE CI-IESTER 8c LACASSE JOANN 1215 N LOCUST GROVE RD MERIDIAN ID 83642-5901 LINDEMOOD DOUGLAS ALAN & LINDEMOOD DEBBIE L 1431 E DRUCKER ST MERIDIAN ID 83642-4033 MARTS DEBI J ETAL 1449 E DRUCKER ST MERIDIAN ID 83642-4033 ,-~. ~- WYATT SAMUEL J & WYATT LINDA A 1473 E DRUCKER ST MERIDIAN ID 83642-4033 HOMER CARY GRANT & HOMER SANDY E 1401 E DRUCKER ST MERIDIAN ID 83642-4033 PERRY SUSAN A 1330 E SOTHESBY ST MERIDIAN ID 836-?2-0000 DANBURY FAIR I IO A INC PO BOX 190446 BOISE ID 83719-0000 N PENRITH AVE MYERS DAN T & MYERS LYNN A 1400 E SOTHESBY ST MERIDIAN ID 83642-0000 FOOTE JOHN R & FOOTE AUBREY 1418 E SOTHESBY ST MERIDIAN ID 83642-0000 NICHOLS TORY & NICHOLS AMY 1430 E SOTHI:SBY ST MERIDIAN ID 83642-0000 MEIER KATHLEEN K 1450 E SOTHESBY ST MERIDIAN ID 83642-0000 HOLZHEIMER AI~1Y J 1474 E SOTHESBY ST MERIDIAN ID 83642-0000 BERRYMAN JANICE E 1382 E SOTHESBY ST MERIDIAN ID 83642-0000 VAN BUREN AARON D & VAN BUREN JANINE L 1226 N PENRITH AVE MERIDIAN ID 83642-0000 rte.., HEDGES ELVA MAE 1225 N ADKINS AVE MERIDIAN ID 83642-0000 ~ '"'1 -_ ~, May 19, 2000 MERIDIAN PLANNING & ZONING MEETING: Ma 24 2000 ITEM NUMBER: 7 APPLICANT: PANGAEA LAND PLANNING REQUEST: ANNEXATION AND ZONING OF 3.4 ACRES TO R-15 FOR PROPOSED 40 UNIT APARTMENT COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ,Qe.~ e,,.,.,- SEE COMMENTS SEE COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: GIB SEE COMMENTS ~.vr/ 1. v~ ~.~, 4V ~ ~/ ~~7 ~:. f OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~'~eecac, icP~.~^ 5/~9 ,~,~ --, HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT X208) gg4-5533 • Fax 888-6854 Cherie McCandless May 18, 2000 MEMORANDUM: To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to Cit EngineerC Steve Siddoway, Planner Re: PENN STATION APTS. by Pangaea Land Planning/Centers Construction Annexation & Zoning of 3.468 Acres from R-T and Rl to R-15 (AZ-00-011) Conditional Use Permit for 40-Unit Apartment Complex (CUP-00-028) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY Two separate applications are covered in this report. The Annexation & Zoning application proposes to annex two parcels (currently zoned RT and Rl in Ada County) and zone them R-15. The site also consists of a third parcel that is already annexed and currently zoned C-G. The application requests that the entire property be zoned R-15. The C-G lot cannot be rezoned as part of the annexation application. A separate rezone application must be submitted if the applicant wishes to rezone the C-G parcel. Staff does not see a problem with approving the application with the C-G parcel remaining because it contains only the Settlers Canal and pathway. No residential uses will be on the C-G lot. The CUP application proposes a 40-unit apartment complex, consisting often 4-unit buildings. All three subject parcels are owned by Centers Construction and the project was submitted by Pangaea Land Planning as a Planned Unit Development (PUD) as required by the Comprehensive Plan. LOCATION The subject parcels are located along Stonehenge Way, south of Fairview and west of Locust Grove. The property is located in an area designated as Mixed Planned Use Development in the Comprehensive Plan. Settlers Canal and Flume Canal run through the north side of the property. The parcels are currently vacant pasture. SURROUNDING PROPERTIES North -Intermountain Outdoor Sports parcel. South & West -Danbury Fair Subdivision, zoned R-8. East -Vacant parcels zoned RT in Ada County. Penn Station Apartments.AZ.CUP.doc AZ-00-011 CUP-00-028 Mayor, Council and P&Z May 18, 2000 Page 2 ''~ ANNEXATION & ZONING COMMENTS: 1. The legal descriptions submitted for annexation appear to meet the requirements of the Idaho State Tax Commission and the City of Meridian. Approved copies of the legal descriptions have been sent to the City Attorney's Office for their use in the preparation of an ordinance. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 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. A variance not to the Settlers Canal has been requested by the applicant. 4. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement should address, among other things, specific landscape/common area requirements, any height limitations, signage, pathways, etc. CONDITIONAL USE COMMENTS: As is common in a planned development, exceptions can be made by Council to district regulations when they are desirable to achieve the objectives of the proposed PD. "Ord. Section 12-6-5 MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." Specific variances/exceptions that would need to be approved to grant this CUP/PD as presented would include: a Driveway width 20-feet, instead of 25-feet. b Provision of Maintenance Building. AZ-00-011 Penn Station Apartrnents.AZ.CUP.doc CUP-00-028 Mayor, Council and P&Z May 18, 2000 Page 3 c Provision of RV/Boat Storage d Tiling of Settlers Canal 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. 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. 3. 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. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 7. 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. The site plan does not currently have such a building. Applicant must make their case to the Commission and Council to have this requirement removed. 8. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 9. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must behandicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. 10. Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing and routing with the Public Works AZ-00-011 Penn Station Aparhnents.AZ.CUP.doc CUP-00-028 Mayor, Council and P&Z May 18, 2000 Page 4 Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 11. Water service to this site will be via extensions from extensions of an existing main in Stonehenge Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 12. Assessments for sewer and water service are determined during the building permit application process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 13. Two-hundred-fifty- and 100-watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 14. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 15. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water AZ-00-011 Penn Station Apartments.AZ.CUP.doc CUP-00-028 Mayor, Council and P&Z May 18, 2000 Page 5 is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 16. The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. Meridian Subdivision & Development Ordinance 12-4-7, "Planting Strips and Reserve Strips", requires a minimum 20-foot wide screen between incompatible development features, including commercial or industrial uses next to residential property. Multi-family residential next to single- family residential does not require the 20-foot buffer because both uses are residential 17. The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. 18. The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. 19. Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. Staffrecognizes that, due to the close proximity of Avest Mini Storage just north on Locust Grove Road, this requirement could be waived. 20. One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A- 2). This could result in up to 13 additional parking spaces. 21. The text submitted with the application continually mentions that 25-foot wide driveways are being provided. The plan submitted shows 20-foot driveways. The applicant should clarify this discrepancy. Staff is concerned that visitors to the apartments will park along the driveway, blocking traffic flow. The driveway should be posted as "No Parking". 22. Staff does not have a problem with the proposed 15-foot wide one-way entry/exit drive aisles. However, the Meridian Fire Department must approve this design. The Fire Dept. usually requires 20-foot wide drive aisles for fire truck access. AZ-0O-oI 1 Penn Station Apartments.AZ.CUP.doc cuP-oo-oas ,~ Mayor, Council and P&Z May 18, 2000 Page 6 23. Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. 24. Staffrecommends approval of the proposed design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property. The proposed 5' gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. Staff will work to get the path extended when the property to the east is developed. Due to the high-density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. 25. Proposals for Planned Unit Developments must include a minimum of ten percent common area. 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 calculations for open space were submitted with the application. The applicant should present the calculations to the Commission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. 26. The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. 27. Staffpoints out that the design is for one way in and out, with no future access to the east. In general, staffwishes to enhance the street connectivity throughout the city, but we acknowledge that a stub street may not be feasible with the constraints of the site. We simply point it out as an issue for Commission and Council to consider. 28. The proposed 6' X 4' entry signage for the subdivision must be placed outside of a 40' X.40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. Applicant's Response Please respond, in writing, to each of the comments contained in this memorandum by 12:00 p.m. (noon) Tuesday May 23 prior to the scheduled hearing by the Meridian Plaiuiuig and Zoning Commission. Recommendation Staff recommends approval of the applications, with the conditions noted above. AZ-00-O1 I Penn Station Apartments,AZ.CUP.doc CUP-00-028 r~ Mayor, Council and P&Z May 18, 2000 Page 7 COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed Planned Use Development in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Land Use Chapter 1.4U -Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U -Promote the development ofhigh-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2. lU - Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U -Support strategies for the development of neighborhood parks within all residential areas. 2.3U -Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.SU -Encourage compatible infill development that will improve existing neighborhoods. 6.8U -New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Natural Resources and Hazardous Areas 1.1U -Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1U -Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U -Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation 1.4U -Monitor and coordinate the compatibility of the land use and transportation system. 1.20U -Encourage proper design of residential neighborhoods to ensure their safety and tranquility. AZ-00-011 Penn Station Apartments.AZ.CUP.doc CUP-00-028 Mayor, Council and P&Z May 18, 2000 Page 8 Open Space Parks and Recreation 2.SU -New subdivision development...will beconsidered asopportunities to...Encourage the development of recreational open spaces and parks as part of new planned developments. Housin 1.1 - ...provide for a wide diversity of housing types...in a variety of locations suitable for residential development. 1.4-'The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 -Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide atie-in between new residential areas and service needs. 1.19 -High density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Communi~ Design Chapter 5.2 -Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.11U -Promote well-planned and well-designated affordable housing in all Meridian neighborhoods. AZ-00-01 l Penn Station Apartments.AZ.CUP.doc CUP-00-028 ~"`1 ~`'~ `'`` ~ Preparing Todoy's ~ Students For r ~ Tomortow's Chollenges. ~ 0 Oaf t~ e~ Fo91e . Mec~a~°~. SUPERINTENDENT Christine H. Donnell int School District No. 2 Jo 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 ~-~C~>~':IV~~ April 27, 2000 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Penn Station AQartments Elementary School: Chief Joseph Elementary 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 over capacity and will remain so until the fifth middle school comes online in the fall of 2000. Eagle High School is at capacity. We can predict that these homes, when completed, will house fourteen (14) elementary aged children, ten (10) middle school aged children, and nine (9) senior high aged students. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Diane Anderson • Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop ~d~ ~ou~t~~~~~wu~ ~~~t~~~t Judy Peavey-Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlys Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus(a~achd.ada.id.us May 8, 2000 Pangaea Land Planning Attn: Daren Fluke 408 W. Idaho St. Boise, ID 82702 Re: Staff Level Approval MCUP-00-028/ MAZ-00-O11 Facts and Findings: s/of Fairview, e/of Stonehenge RECE~D MAV 1 5 2000 CITY OF MERIDIAN Apartment Complex A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct a 40-trait apartment complex. The 3.4-acre site is located on Stonehenge Way approximately 560-feet south of Fairview Ave. This development is estimated to generate 264 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan transmitted by the City of Meridian on April 21, 2000, and submitted to the District on April 26, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to confonu with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On May 1, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On May 5, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. The following requirements are provided as conditions for approval: Site Specific Requirements: Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Constriction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3. Locate site driveway 35-feet north of the south property line 4. Pave the site driveway access to Stonehenge to its frill-required width of 24 to 30-feet and 30-feet beyond the edge of pavement with 15-foot radii pavement tapers abutting the existing roadway edge. 5. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall ~ecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Conum~ss~on at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and tinge of the Commission meeting. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $1 10.00. The rec~~est for reconsideration shall s ecificall identif each re uirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's orivinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Conmmission meeting at which the reconsideration will be heard. Page 2 MCUP-00-028/MAZ-00-011 ~ r Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pernlit (or other required pernlits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Planning and Development staff at 387-6170. StnC y, ally S Planni g and Development Supervisor cc: Project file City of Meridian Chron Page 3 MCUP-00-028/MAZ-00-01 1 -~ ~ ®~i ii ;!;~" :~~:, +sroti mus mw +~ • ~ ' ~~ ~ R . ~ ~ ~_ `~li. r ~~ i r ,~ ,-. ' . z r ~ z: ,~° ~ . . 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'` x W ~L ~ m O 1 iz ,a m :~ ~ 4 ~;. 0 :~~ ~'0 c '`o 5 \ ? i f, W t~~., 3 : _J t ::~~- J < ~, U " - a ,}`+`' ~ a ?r 0 J e yi~ ^~ O 111=~- F Z ~ W' W m K y :_ d 1- "1' U ~ y 3 '- ~Q.,~p wt~; x~~~ ~~:.. ~^ X'+ ~ y p{~~v^{! q . 9 1 ~ v a ~- ~ o h h 3 .5 3 M ~~ N ~ -''~, ~~ ~ n ~ ~~ :: ~00~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 May 1, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 ,~'~ Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP 00-028/AZ 00-011 Conditional Use Permit and Annexation and Zoning from RT, R1 to R-15 for Proposed Penn Station Apartments Dear Commissioners: This Nampa & Meridian Irrigation District's Jackson Drain courses along the north boundary of the proposed project. The District reserves the right to deem what we feel necessary to operate and maintain this facility. Sincerely, ~~~Ly~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: Fiie -Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Sent By: City o7 Meridian; 208H886854; May-24-00 2:34PM; Page 1/1 ~.,~ F'. I 5-2a-200 12 = 55PM FRO-'"~ R~C~"~'ED MAY 24, 2000 DENNIS M. RAKER Zso s. B~sc>~wooD # Igo MAY 2 42000 Bo1sE, IDAHO 83709 C1TI~ Uk' IVLERIDIAN PHONE; 3TS-66b6 FAX: 3TS-6667 pLANNINC & Z41rTING SHARI STTT,ES PLANNING DIRECTOR! 7~ONINO ADMINISTRATOR CITY OF MERIDIAN 33 EAST IDAHO STREET MERIDIAN, IDAHO 83842 RE: PENN STATION APPARTi~dBN'TS MEk1UlAN FIL.F, #~ Az-00-011/CUP-00-028 i~ ~~ 'it~~, n .. _ .. ~~7~~' DEAD SHAR7, `-'^-- ~~ ~~ WITH REGARD TO OUR LETTB MAY 18, ~2~0~00~(1UESTTNCy DENIAL OF TFiE ABOVE MENTIONED APPLICA E HF,F~=~H~W1"i~1DRAW OUR REQIJEST EFFIrCT1Vb IMM1rD1ATELY. Wk SINCERELY APPRECIATE YOUR ASSISTANCE IN THIS MATCER AND IF YOU HAVE ANY QUlrSTIONS, PLEASIr C:UNTACT ME OR DAVE SELLS IN MY OFFICE.. SINCSR,ELY, ~~~ B. W., livC. DENNIS M. RAKER PR1rSIUEN"t CC PANGAEA LAND PLANNIlVG Fared ~yf. d~3 6 J~acd F.r a~~i,~y _ f~~,~~~-y MAY 24 '00 14 32 2088886854 PAGE.01 05/2412000 13:47 208-387-6393 ACHD PLANNING PAGE 01 ~~ /'~ GL OGC`2~ L [.iIGIC L~ ~~'GC~ Judy Peavey-Derr, President 318 Past 37th Street wave Givens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id,us PLANNING and DEVELOPMENT DATE: •-••~ a -~r z i p Z s~ o DELIVER FAX TO: ~'`' ' `-'~' '°"'"` G • 3 ~ ~- 4 NAME OF COMPANY: G ~ ~" `~ m F r-'+ ~ ~- ~ D ~ ~ --+ TITLE/DEPARTMENT: ~' ' T Y ~• ~ ~'~ «- RECEIVING FAX NUMBER: ~2 °~~ ~ ~ $ ~ 4 z~' 8 CONFIDENTIAL: YES NO x NUMBER OF PAGES (including cover sheet) S FROM DA COUNTY HIGH1~(pY DISTRICT (fax # 387-6391) or (fax # 387-6393 NAME: S'T e ~ o•-+ L} A S S o ^-! TITLE/DEPARTMENT: P ~-''""" ^-' ' ~' ~ f ~ ~ ~~ ~~~ n~ ~ COMMENTS: l~c..~.•vc~. n4sc -rN~c~ ~.,.,..~~,,,,, ; ~ ,~.. .To I ~F n *-~ A Y' o •t.. ~ C~ o v--+ a . c... ti:.. R- -T-i • '~ ~v~...~ ..~ .. ' i P V ~3 L • G- ~ :. r- t . ,.1 4 ~ h.M T N t t f--t ~ -r T w/.L- TF~-..~. ~~ tiro ,.. Please call if you have any questions or if you did not receive all pages of this fax. You may call us at 387-6170 MAY 24 '00 14 54 ~~R ~p~ ~~q~ por;~ a~ MAY-22 00 20:56 FROM:LANGSTON W~+.IAMS 208-345-8236 L~V~ n~N'C.~'i'C~N-VEIILLIAMS TO:20886854 PAGE:01 4 QA L E9TATli SCi1v ~CE6 GORPOfiAT ION Ci~ MAY- 2 ~+ ~p~p CITY OF MERIDIAN May 22, 2000 Mr. Steve Siddoway Planner, Planning & Zoning 17ept. City of Meridian 33 13. Idaho Street Meridian, Idaho $3642 RJ;: Penn Station Apartments Staff Report AZ-00-011 /CUP-00-028 post-It'" brand faz transmittal memo 7671 ~+r •r a~ ~ -L.S~ Dear Steve: Thank you for the opportunity to submit comments to your staff report regarding the above noted applications. !n general we are in agreement with the staff report but offer the following conunents for the Planning and Zoning Commission's consideration: • Our understanding is that Section I 1-8-1 of the Meridian City Code allows apartments in the R-I S zoning designation as a conditional use. Therefore we submitted tmly a conditional use application, not a planned development applicatiun as stated in the staff report. We are not necessarily opposed to the planned development process but are of the opinion that some of the provisions found in that section of code aze not warranted by this request. i have addressed individual requirements by condition autnber below. • All driveways as shown on the drnwing (and the driveway cross section) are dimensioned at 25' in width. No variance or exception is required on this point. .h.'' J,~1 • The responses below correspond to the conditions of approval listed in the staff. report: #7 -The owner/developer of this project owns several other complexes and contracts with a professional landscape maintenance company for the maintenance of all his Facilities. No building is required for the storage or maintenance of equipment on this site. #13 - We are not opposed to installing the required street lighting but auk that the C:ommissi/>n not require additional Lighting beyond that required for the entry and what is shown i)n the site plan. We assured our neibhbors at the neighborhood meeting that we would keep lighting to a minimum to prevent light spillage on adjoining properties. #14 - A irrigation plan is being prepared utilizing surface irrigation water for the watering of all landscaped areas. The owner asks that surface irrigation water be the sole source of water to the landscaped areas. #15 -The irrigation system will be owned and operated by the owner/developer oFthc project. 1209) bell-3900 • PO.X 1206) 9C3-a23e 40B W6r.Y I OANO • P.O. BOX 269 1 Bo1 ne, 1OwM o 6970 1 ':MAY-22 00 20:57 FROM : LANGSTON l~''!" 1 AMS 208-345-8236 T0:2r~'g86854 PAGE:02 #19 -This provision applies specifically to PUDs, not conditional uses. In any event, based upon the owners experience with similar projects, no storage of boats, campers or trailers is anticipated and should not be required on this site. We agree with staff that there are adequate storage facilities in the immediate neighborhood to accommodate this development. #20 -This provision applies specifically to PUDs, not conditional uses. Tn any event, two parking spaces per unit is more than adequate for this development. A requirement to add an additional 13 spaces would result in an excessive amount of paving and would eliminate common areas that could be utilized by people rather than cars. #21-The plan and driveway cross section show 25' driveways. # 25 -This provision applies specifically to PUDs, not conditional uses. However, the project does contain approximately 44,959 square feet (approximately 30% of the site total) of useable open space. Specifically, the pienie/stormwater retention area in the south end of the project contains 14,750 square feet, the open common area north of the stormwater retention area contains 3,240 square. feet, the common area between the buil4ings and internal drive contains $,76U square feet and the open area along the canal on the north end of the project contains 18,209 square feet. i Sincerely, ~ _. ~ Daren Fluke, ATCP ' Principal ~ ~ ~-~_` § ~ ° Pangaea Land Planning :~ _ ~.>..; ~ `- - ~ ~.~ ' t ;, ~:. a ~ X91 ~ ~ 5 r q~u~ .. ja~~ ~c~~E ~ D~~ PETITION MAY 2 4 2000 We, the undersigned residents of the Danbury Fair Subdivision, voice ~'Y OF MERIDIAN opposition to the plans before the Meridian Planning and Zoning ~~~~~~ Department for the construction of multi-family units adjacent to our ,~' subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone ~~~~ (~ ?~' - ~~ ~~ 1 ~`~ ~/ ~~~~ ~~~`~~ ,_, -~_~ Tl~lt~~ n /'1 PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences t at are more comps ' le with the area. Sign ure rinted ~ Address Phone ~~9319z ~~~~~~~ /y15~+/~~~'1.U ~~~ -yCr l 83/E ._-~~ `' ~ J r- x.5.3 ~~~.~~ ~3~~~-~,~ P~ ~X} /x/l /~/.- ~ ~ )' PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Sig ture Printed Name Address Phone .~ hce ~~l ~- s~ ;~~~~v~ y~~~Z 1'x..1 ~w-'~ ~ L~o - ,~ ~ 0 ~~~ ^. l ~. ~ / ~~ k8~- 5~~~ - ~l ~ ~~,~ 'l i~~/~ ~%~ ~~/ ~ .~Y-~ t i v PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone ~~ 7 -~~~ ~ C_.., ~~ ~- _'~ ~~-,~ ~ Y~ ~ ~~ n~ ~ ,- ~~ ~~~~ i t ~ ~ ~+ rl ~~~ G~~ j]] ~~ ~~ I~ ~ sly' b"'k~-~ ~~ C rp P~ ~~~f-~z.~~~ ~S ~~~I ~- ~ fi ~ C~ l~~G~~ /~~/ /c~. iii, ~~ ~~~~ ~ ~~ ~~e ~ ~~~ ~~~' PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone .' , ~~CC; ~° Ib~~-ter ~~~-~l ~~ ~~Yjbi~ ~~ r^c,.:-•~c.:~ t.lel~~t Vf 1~~~.,dc,. IZIpZ IJ• S~t.y~el~~en~ W~- -f3`~.~9`-4 7 f ~~ ~~ ~~ ~ t-c~r ~ ~nv1~,n ~~-r ~ alnt~Sor~ ~ 1 -~ ~\ ~~ ~~ ~ ~~ ~ ~_ Mtn ~~, m. ~~:+~. .~.~-~ , ~ 7~ ~~Z~ Caa~ ~ ~ ,, ~x ~- ,~ ;' _ / ~~ ' ( ~ ~~ .~ ~r ~ .-. PETITION ,~.w We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone 7 f" fi .~I/R~~.I~~~,,` ~. c / J G(~ ~ "% G P ~G ~1t ~'~'~',, //-~-rs ~ ~ ~`` ~ ~~ -mac t /',, , ~.._._ ~ , ,. , . ,.,..~ ~,v ~ ~'~ r-- 14 ,r, ~,i~i~ ~.d'~ i„-~ . ~ 1ST ~,'1 C\ ~n ,/li^ m~^, a ~ !. ~ j~ 1 ~-f ~~~ ~ ~ ~ ~ V~ V ~~ _, _ ._ I PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone ~ / /, q °~4 ~ rl ~~ ~ ems' ~ ~ i, ~ (? sip i 1'tv ~, S ! ~ `-t 1 1C~~~J~t~,~'Z ~~~~ ~~1 ~~~ ,~ ~~ ~ ~ ~s ~~~~~ ~ ~l y~~ L ~~ ~~~y ~-U t ~~ ~~-~ ~~~ '~-U~~7 -~~%~ ~G.~~n ire ~' . (,~z-~;~b -'ll ~~-- ~~~-~~ PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone a r~ ,~ ~~r _ ~~'S ~~7 1, `, ' ~t i C. ~ ~c~ `~. t~ 105 ~ ~ ~ ~ Y ~'~~=N9~ti ~J .. i ~,.~ ^ `~' ~GJ`r. ~ ~G ~~lczt~~s('/cllZ' ~:~~, -S S ~.~~ / 11II 11 _ " ~1 #,i~~ ~t-~° ('e„ ~~ 7 ~~ li~,,~ IM (Kr s~ ~~ ~I"~-~.SS PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone / ~ ~~ ./~IiS ~~~~ lye's ~' ~~~~~- ~- /yap ~S~/ ~w ~ ~u ~ ~ ~ ~~ Mt S- owa ~~-v~av _ ~ ~ S ~ ~~ l3Y ~ PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone ~°~L'/U ~ ~ i ~~/'E~ /~ ~~~ It ~/~ ~Z !J. ~.Equ/~T,{~ ~gg- q 5 1 _ ~~i~`6 ~ S`I `~ ~' ~"Cq~ "~ ~ PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone .n ~ N ~ -~yt,~r ~ ri~t ~'~~~. ~' ~~-~~i~~~ Q~ ~PB~ ,.(~ ~.e> r,~ Aye ~crr7~ r~~~ ~ 31 ~1 N . ~~.~ r. ~4-G, {~ re 5~a ~ I b~ iC S~sf~ pJ ~r~1 f1'-~~~ ~~~~p f `~ I ~-} N PcN R iT f-~ ~v~ 8~~~"~ ~U~} ~~~ PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone ' ~'LcLc? ~^-~, ~ ~ (~voU~ ICI ~S~~V~ g8~'~- ~~ ~ ~ qa ~l ~ ,,~- ass-~-~~~ ~' ~~ ~_ `~ "~ ~~ ~ ~~ ~ ~ ~d~ °' ~ ~. ~u ~. ~ i~~, ~3~'3~ N. ~~~~,~f-~ %~ ~°~ ~ r~ i~ y~ ~ ~~" ~~ a L . , s ^ ;~~ ~^~ PETITION We, the undersigned residents of the Danbury Fair Subdivision, voice our opposition to the plans before the Meridian Planning and Zoning Department for the construction of multi-family units adjacent to our subdivision between Stonehenge Drive and Locust Grove Road. We urge the rejection of this endeavor and the construction of single family residences that are more compatible with the area. Signature Printed Name Address Phone / al ~~1 QgG m I~~ nd~~h U00-~ ~~ `'/'~ -~ ~. ~~~~ 1 ~' 1 ~ ~~;~ ... ~,~~ ~ ~~ Pray-a~~ ~s~~~r~ a.1~ ~ y-~~~~ ~~; HUB OF TREASURE VALLEY ~"'~' LEGAL DEPARTMENT MAYOR i A Good Place [o Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (tog) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeecd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR CO Y OF MERIDIAN LOPMENT PROJECTS WITH THE CIT To insure thatyourcomments 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: Mav 12 2000 TRANSMITTAL DATE: April 1~~`~P Wes.. '. ~~. ~ FILE NUMBER: AZ-00-01 ~_ REQUEST: 3.4 ACRES ZOO .~.; ~~~ ~~ 40 UNIT APARTMENT COM .~ `~. BY: PANGAEA LAND PL. ~~ ~ ~ ~.~ „~, . LOCATION OF PROPERTY .,~: ~.~. STONEHENGE WAY HEARING DATE: Mav 24, 2000 ~~ ~w~ i Gr 17 TOR-15FORAF NN STATION APAR OR .PROJECT: 5VU i h yr 1'Hlr[vlGrr ru.~+ ~r,.~ • '' r SALLY NORTON, P2 MERIDIAN SCHOOL DISTRICT ~~~` ~ KENT BROWN, P/Z ' ' MERIDIAN POST DFFICE(PRELIM & FINAL PLAT) ' ADA COUNTY HIGHWAY DISTRICT THOMAS BARBEIRQ, P/Z RICHARD.HATCHER4 P/Z ,~~, ;;; COMMUNITY PLANNING ASSOCIATION KEITH BORUP, R/Z CENTRAL DISTRICT HEALTH ~"'' ~ ~ ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ~ RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C ~~ IDAHO POWER C0.(PRELIM & FINAL PLAT) ` > U.S. WEST(PRELIM 8~ FINAL PLAT) ,r, KEITH BIRD, C/C ' ' ,. pA~ ~~, ~' TAMMY de WEERD, C/C ~ INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) d~~^ BUREAU OF RECLAMATION(PRELIM & FINAL) WATER DEPARTMENT 9. SEWER DEPARTMENT : ~.. ,. ", ` ., ~~~` ~ ~ SANITARY SERVICE BUILDING DEPARTMENT ;{° FIRE DEPARTMENT YOUR CONCISE REMARKS: ~'~ f ~` ''' ' POLICE DEPAR~ME~VT ,~ r.. ~ .. #y~~ CITY ATTORNEY. LS : Sti 00 ~ L2 ~Idd 0ti'3Jdd bbL0b8880Z ~ HUB OF TREASURE VALLEY t,EGAL DEPARTMENT MAYOR A Good Place co Lime ('_p8) 2SS•2d99 • Fax zss-2soi Robert D. Conie CITY ~~ MERIDIA-N PUg~t~ WoRKs G DEPARTMENT CITY COUNCIL MEMBERS 33 EAST IDAHO t3U1LD~N (30S) SS1.2211 • Fax SS?-1297 Ron Andcrso° TvI>ERIDIAN, IDAHO 83642 PLANNING AND ZONING Keith Bird (20S) 538-4433 • Pa:: (203) 357-4313 pgPART~tENT Ta,rr~ray deWeerd City Clerk Office Fax (203) 388-4218 (~pg) ggy_55;; -Fax 385-6554 Cherie McCandless '~RANSMI'~TAE TO ,AGENCIES FOR COMMENTS ONU A NyELOPMENT PROJECTS WITH '); HE CITX O~ ME1Et To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Ma 12 2000TE: Ma 24 2000 HEARING DA TRANSMITTAL DATE: A ril 21 2000 FILE NUMBER: AZ-00-a"I~ _..~... r.T o, rune ~n[INTYI TO R-15 FOR A PROPOSED REQUEST: 3.4 AGKts Gvnw R ~ ~ ~ r---- - - - - __ __ _ ___... ~., ~., o~ ~~~ ~ Fn PENN STA gY: pANGAEA LAND PLANNING DAREN FLUKE LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY (STRICT SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, CJC 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 D MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) ~~U.S. WEST(PRELIM & FINAL PLAT) BUREAUOOF RECLAMAT ON(PRE IMM &LFINAL) YOUR CONCIS E x, r .~ r.r +, +,1 A+~R~2S2A7..R T 233_L`dM3ZSHM Nb' I Q I233W SS : b T AO-LZ-bO ~•-~. HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (2p8) 288.2499 • Fax 288-2501 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO ('_OS) 837-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fa;c (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless 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 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 12 2000 - TRANSMITTAL DATE: April 21 2000 HEARING DATE: May 24, 2000 FILE NUMBER: AZ-00-011 REQUEST: 3 4 ACRES ZONED RT, R1 (ADA COUNTY) TO R-15 FOR A PROPOSED 40 UNIT APARTMENT COMPLEX TO BE CALLED PENN STATION APARTMENTS BY: PANGAEA LAND PLANNING (DAREN FLUKE) LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY 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 COMMUNITY 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 RECLp,MATION(PRELIM & FINAL) ~~ - ~ ~/ 0 YOU7°7R~~~;,ONCISE REMARKS: ~~r~~-~ NUB OF TREAS~'JRE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF 1VIERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-221 ] • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • FaK (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless 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: May 12 2000 TRANSMITTAL DATE: April 21 2000 HEARING DATE: May 24, 2000 FILE NUMBER: AZ-00-011 REQUEST: 3 4 ACRES ZONED RT, R1 (ADA COUNTY) TO R-15 FOR A PROPOSED 40 UNIT APARTMENT COMPLEX TO BE CALLED PENN STATION APARTMENTS BY: PANGAEA LAND PLANNING (DAREN FLUKE) LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW AND EAST OF STONEHENGE WAY 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 COMMUNITY 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) R~cE~ APP' 2 4 2000 CITY (~F ~~;:~II)IAN cENTRA~ CENTRAL DISTRICT HEALTH DEPARTMENT ~~ DISTRICT Environmental Healthilth D~si_on, Return to: H EALT H ^ Boise DEPARTMENT ^ Eagle ^ Garden City Rezone # ~~~ ~ U ~/ ~ ~ Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ lift 1, We have No Objections to this Proposal. fQ' 2. We recommend Denial of this Proposal. ~ ~Q~~ f.~ity. of ale ~"if~ f'~~rk 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: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual ~Nater 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 10. 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 ~~ /~~ /oo 14. ~f.'v ~ .f'i`g cT. o,=ls ,~-~ _ ,~'~y~,C~.s?7i a~r0 ~-~o _ Date: Zo.v~ e.~.~NS~ Reviewed By: ~C ~ Review Sheet CDHD 10/91 rcb, rev. 7/97 ** TX CONFIRMATIuN REPORT ** AS OF MAY 15 '00 17 10 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 01 05/15 17 ~ 03 PUBI_ I C IJORKS 02 05/15 17 08 2088886854 MODE MIN/SEC PGS CMD# STATUS OF--',3 01'43" 005 075 OK EC--'.3 01'57" 005 075 OK Gt''{2G[/GL oUG~~I^CC~ Judy Peavey-Derr, President 318 East 37th Street Dave Givens, vice President Garden City, Idaho 83714.6499 Marlyss Meyer, Secretary Phone (203) 357-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellusCo~achd.ada.id.us May 3, 2000 Pangaea Land Planning Attn: Daden Fluke 408 W. Idaho St. Boise, ID 82702 Rc: Siaff Level Approval MCUP-00-028/ MAl-OU-OI 1 s/of Fairview, a/of Stonehenge Facts and Findings: ~' CErv~D MANY 1 5 2000 C1TY OF MERIDIAN Apaurtment Complex A. The Ada County Highway District (ACRD) staff' has received the above referenced application requesting conditional use approval to construct a 40-unit aparhment complex. The 3.4-acre site is located on Stonehenge Way approximately 560-feet south of Fairview Ave. '!'his development is estimated to generate 264 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation manual. B. 1'he application and site plan transmitted by the City of Meridian on Apri] 21, 2000, and submitted to the District on April 26, 2000, have been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conFonn with the change(s) iu the }plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACRD Commission w~less the site pl~u1 is changed in such a manner as to not confonm wiith District standardsipolicy or an appeal ofthe Planning and Development staff decision is subrr'iitted as described within the Standard Requirements outlined below. On May 1, 2000, the District Planning and Development staPFinspected this site and evaluated the transportation system in the vicinity. On May 5, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's tnnspoirtation system, The results ofthat analysis constitute the following Facts and Findings and recommended Site Specific Requirements. y'~. E Q _ O m d ~ O ~ ~ Q LL O C N ~ N N m a ~¢ NLL "' E O RS O ' U d '~ - d ~ ~ o a0 wli 2 c4 :? U E'~~O m ~r l4=_ WLL N ~ X U O 9 N U °~ Q f6 O ~ 0 li Q d ~ ~ LL ~ 3 ~ c ~ ~ O a? 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