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Valeri Heights Subdivision CUP 00-014CITY CLERK FILE CHECKLIST Project Name: Valeri Heights File No CUP 00-014 Date Received from Planning and Zoning Department: Unknown Planning and Zoning Level: Hearing Date: March 14, 2000 Transmittals to agencies and others: February 15, 2000 0 Notice to newspaper with publish dates: 02/25/00 and 03/10/00 0 Certifieds to property owners: February 23, 2000 X❑ Planning and Zoning Commission Recommendation:X❑ Approve ❑ Deny Notes: Property was not noticed, re -schedule PH for 4/11 /00 - Noticed 3/24 and 4/7/00 - certs went out March 21, 2000. City Council Level: Hearing Date: Febpuary 16, 2000 0 Transmittals to agencies and others: N/A FXI Notice to newspaper with publish dates: ® Certifieds to property owners: ❑ City Council Action: 04/28/00 and 05/12/00 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: Original Res / Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res /Original Cent: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney " Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attorney r I IV IUQI Iv StStatesman'CiLbyof Aleridian P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUB LICAT1 NCOUD Dept A—sS°uit_a DTI# Identification Amount: 064514 1218754 1PUBLIC HEARING - WELKER I $56 28 Ordered by P O # Rate Run Dates SHELBY I NT MAR. 24, APR. 7, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 37 MERIDIAN, IDAHO 83642 Affidavit Legal # LEGAL NOTICE PUBLIC HEARING to theNOTICE OrdinancesRof Hie GIVEN ity of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of hearing at thMeridian Me idian City hold Ea t Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the Pur- pose of reviewing and considering the application of Vicki Welker for annexation Va ernd i Heights Subdivision acres RT to s O and R-15 generally located on the north- east corner of Pine Street and Ten Mile Road. I Furthermore, the application requests a conditional use permit and preliminary Plat for proposed multi familY, townhouse, and office application. abovmore property is on file en the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application Is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. WILLIAM G.this IBERG,yof JR , CITY CLERK Pub. Mar..24, Apr. 7, 2000 6718 1 1 6718 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single =consecutive daily =odd skip insertion(s) beginning with the issue of: MARCH 24, 2000 and ending with the issue of: APRIL 7 , 2000 STATE OF IDAHO ) )ss COUNTY OF ADA On this 7 day of APRIL in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho uu,q,.• Residing at: Boise, IdahoLIS r My Commission expires: ,•••• ', ` • A^n XRY Btil P U • U E NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 16, 2000, for the purpose of reviewing and considering the application of Gold River Companies, Inc. / Vicki Welker for annexation and rezone of 12.73 acres from R -T to L -O and R-15 generally located on the northeast corner of Pine Avenue and Ten Mile Road; Furthermore, the applicant requests a Conditional Use Permit for a 128 -unit apartment complex, 8 townhouses and a 26,000 s.f. office as well as a Preliminary Plat approval for 12.73 acres with 10 building lots, 2 other lots in a proposed R-15 and L -O NOUT4 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 17th day of April, 2000 WILPAM11G1.tiBkRG, JR;/, CITY CLERK F � O PUBLISH April 281h and may 12th, 2000 SEAL - R-4 RT VALERI HEIGH fS VICINITY MAP 110 Zoning Subdiv ��lxll Stseq 0 S3nlw10 300 0 300 600 900 1200 1500 Feet a -4�0) \7 \\ CL 0 «} \2 , � � 3u � -g � CD\� JNJ km j v ) ) co o � � 0 7 222y�7l ® eE\mR,®r / I&rS&0 :a p V7 \\\�\� $-l-,z /CD /\§\\ \\\\CL CL\ 3 0 2 w E%§!0 3 r- (D \x .0 CD -o3a, 2 <D 3 - �/ 5. \\�\LSCC !)R2 \ {Efr� \E}o(f 2.02'9! _ 3 rn �\\3 (\(f§� \n 10 \,(Dm � W a> » M m M wCl) CL % � � ►� �% . t z §- \2 , � � 3u � -g � CD\� JNJ km j v ) ) co o � � 0 7 222y�7l ® eE\mR,®r / I&rS&0 :a p V7 \\\�\� $-l-,z /CD /\§\\ \\\\CL CL\ 3 0 2 w E%§!0 3 r- (D \x .0 CD -o3a, 2 <D 3 - �/ 5. \\�\LSCC !)R2 \ {Efr� \E}o(f 2.02'9! _ 3 rn �\\3 (\(f§� \n 10 \,(Dm � W a> » M m M wCl) CL z §- � [� N � � O \2 , � � 3u � -g � CD\� JNJ km j v ) ) co o � � 0 7 222y�7l ® eE\mR,®r / I&rS&0 :a p V7 \\\�\� $-l-,z /CD /\§\\ \\\\CL CL\ 3 0 2 w E%§!0 3 r- (D \x .0 CD -o3a, 2 <D 3 - �/ 5. \\�\LSCC !)R2 \ {Efr� \E}o(f 2.02'9! _ 3 rn �\\3 (\(f§� \n 10 \,(Dm � W ci r O j _L 1 3 � c {' W N -�`+ O co 00 V a) Co V I m N 1 m' N Q m V m g ID pfQD y 7 CD a a O y �0 c nco . 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CD (� a CD (D'w co If) CD W�o�`C 9 CL 73 p 7 a� °a 9' y m N N W CD N \ y O � p V w o ,��, CD �mmvn,mv �+ °3 n�.oM v, , NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the purpose of reviewing and considering the application of Vicki Welker for annexation and zoning of 12.73 acres for proposed Valeri Heights Subdivision from RT to LO and R-15 generally located on the northeast corner of Pine Street and Ten Mile Road. Furthermore, the application requests a conditional use permit and preliminary plat for proposed multi family, townhouse and office application. 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 15th day of March, 2000. �gAIIIlttf!!!!1J'���rr of ti rk ® WILLIAM G. BERG, JR. CIT CLERK SEAL = 9 �C5 PUBLISH March 24 & A����yP�`,��� �llj�fdflii .s}SS�E���A MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 2000 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMA CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT C. less 10, NAME: G Ot-0 Q 114 lr,-:2 Go MPA of I lE5 SNL, PHONE: fig$ Gi 7$ ADDRESS: 1:31) E�. M*W IGS I N IZD $T� I a Z. MEt21 JV =D S y GENERAL LOCATION:_ SE<T It C. Rr4 Ef' Q) t 4 E A N 0 TEN nn I� R () DESCRIPTION OF PROPOSED CONDITIONAL USE: I Z$ U4 IT A-PARTIASN 7 TOv m N ZC Coo F7 ZONING CLASSIFICATION: PKa 006 F D 1,0 A0D I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the Property generally described as located at SUBDIVISION, BLOCK , LOT TO for February 1, 2000 City of Meridian It is understood and agreed that Gold River Companies, Inc. and any partners or assigns will pay any additional sewer, water or trash fees or charges, if any, associated with the use of this application, whether that use be residential, commercial or industrial. Gold River Companies, Inc. ! )L�k- 0'�k" Vicki Welker - President It Boundary A parcel of land as shown on Record of Survey No. 1951 situated in a portion of the S1/2 of the NW 1 /4 of Section 11 T.3N., R.1 W., B.M., Ada County, Idaho and being more particularly described as follows; BEGINNING at a brass cap marking the W1/4 corner of said Section, thence along the West line of said NWIA N00°25'27"E a distance of 699.89 feet to a 5/8 inch rebar from which a brass cap marking the NW corner of said Section bears N00°25'27"E a distance of 1956.53 feet; Thence leaving said Section line S87°35'23"E a distance of 507.94 feet to a 5/8 inch rebar; Thence N80°40'45"E a distance of 344.45 feet to a point; Thence S61 °01'27"E a distance of 14.33 feet to a point; Thence S00°49'03"W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NW1/4 N89°10'57"W a distance of 854.64 feet to the POINT OF BEGINNING. Said parcel contains 13.83 acres more or less and is subject to all existing easements and rights-of-way of record or implied. I , H Rezone L -O A parcel of land situated in a portion of the S1/2 of the NWl/4 of Section 11 T.3N., R.1 W., B.M., Ada County, Idaho and being particularly described as follows; BEGINNING at a brass cap marking the Wl/4 corner of said Section, thence along the West line of said NWl/4 N00°25'27"E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N00°25'27"E a distance of 2196.33 feet; Thence leaving said Section line S89°34'33"E a distance of 200.50 feet to a point; Thence SO°25'27"W a distance of 273.96 feet to a point; Thence S89°10'57"E a distance of 156.38 feet to a point; Thence S67°06'08"E a distance of 43.08 feet to a point; Thence S22°53'52"W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11 °51'28"W to a point; Thence SO°49'03"W a distance of 86.04 feet to a point; Thence along the South line of said NW1/4 N89°10'57"W a distance of 368.85 feet to the POINT OF BEGINNING. Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. � Y F M Rezone R-15 A parcel of land situated in a portion of the S 1/2 of the NWl/4 of Section 11 T.3N., R.1 W., B.M., Ada County, Idaho and being particularly described as follows; Commencing at a brass cap marking the WI/4 corner of said Section 11, thence along the West line of said NW1/4 N00°25'27"E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N00°25'27"E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N00025'27"E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section line S87035'23"E a distance of 507.94 feet to a 5/8 inch rebar; Thence N80°40'45"E a distance of 344.45 feet to a point; Thence S61 °01'27"E a distance of 14.33 feet to a point; Thence S00°49'03"W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NWl/4 N89°10'57"W a distance of 485.79 feet to a point; Thence leaving said Section line N00°49'03"E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 1105 1'28"E to a point; Thence N22°53'52"E a distance of 51.44 feet to a point; Thence N67°06'08"W a distance of 43.08 feet to a point; Thence N89°10'57"W a distance of 156.38 feet to a point; Thence N00025'27"E a distance of 273.96 feet to a point; Thence N89°34'33"W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 4 Q a For Value Received Thomas R. Walker and Lillian I. Walker, h, sbar+d and wife, hereinafter referred to as Grantor, does hereby grant, bargain, sell, and covey unto David S.. ru ."er arra Shirley A. Biller, husband arri wife, hereinafter refarred to as. Grantee, whose current address is 890 N. Ten Mile Rd., Meridian, ID, 83642 the following described premises, to -wit: That certain real property more particularly described upon "Dd-Libit A" attached hereto, which said "Exhibit A" is by this reference irmrporated herein and made a part hereof. 9150707 fiR%T AMERICAN TnIE CO, . AD; ...TY.ID.FOR RECORDER '91 SEP 11 Pfd 3 59 TO HAVE AM TO HOLD the said preatses, with their a� unto the said Grantee, his heirs and assigns forever. Arra the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises: that said premises are free from all a xxm brances except current Yes taxes, levies, and assesmnts, arra except U. S. Patent reservations, restrictions, easemnts of ru=ed, and easements visible upon the premises, and that Grantor will warrant and defend the same from a1 -L claims whatsoever. Dated: September 9th, 1991. R. Walker llian I. Walker STATE OF IDAHO SS CCUNN OF Ada ) On This '—/Oof.Septanber, in the year 1991, before me, e •.Mary Public in and for said State, per'San 111 appeared Thomas R. Walker and Lillian I, Walker, known or identified to me to be tl^e persons whose names are subscribed to the within Instnment, and ack:rwledged to me that they executed the same. Notary Publ.1-6 for Idaho Residing at Boise, Idaho Carmission Expires: 7-25-93 = o.a .First American Title Company of Idaho Page 2 FA-80C0l your lb. ;ALFEP./FALLm ! - , . LEGAL DESCK=ICN 2'. A pail of lard tom' � a portion of thee �utln� quarter of tt� test � quarter of Sutton 11, Township 3 North Range 1 West, Poise N,sidian, Ada County, w' I(a ' more particularly de_¢mibed as. follows: Feginrang at a brass cap akiek- g tM S uth,,est comm of said Ec� quarter of ti— I`ortl��est quarter of Section 11; tirrce Torg th9 A�e.�'ter1Y `i t: of said Southurest quarter of t NorUzwest quarter ` North. 00°25127" East 699.89 feet to a point; them leaving said Westerly .. bcurdary of the �s-t quarter of tip Northwest quarter South 87°35'23" East 313.33 fest (formerly North 88°00' West) to an iron pin mark; rg the Rc'AL . FONT OF BEGINNDG; tYnnce continuing South 87'35'23" East 194.61 feet to an ill pin; tl erce North 80°40145" East 344.45 feet (formerly South 80°14'50" West 348.42) to a point on tt_ centarline of Eight Mile Lateral; tt�.rce alcrg said r- aanterline of Eight Mile Lateral F t t: South 61°01'27" East 14.33 feet to a point; thence leaving said centerline- � E'=. South 00°49'03" West 739.62 feet to a point on the Southerly boundary E= of said SoutYnvst quarter of tlb Nortywest quarter; tt along said .'1. Souti�rly bouIIzi�iry of t2� southcest quarter of tip Northwest quarter r North 89°10'.57" West 541.49 feet to a point, said point being South 89°10'57" �} ; < :.. , East 313.15 feet from a brass cap markir.3 tl-- Foutly-st Donner of the said u Southc,,est quarter of the quarter; therxm- leavi.rg said Scuthasly -, bowx]axY of the Soutbwest quarterr of t1,e Northwest quartet Norge 00 ° 25' 27" East 691.18 feet to t1--- FOINP OF BE GINN - z n cEXCEPT DIIH AND MAD RIGhrS OF WAY. Y ALSO EXCEPT ANY =ICN LYLW ` WITHLN TEN MII , ROAD. ALSO EXCEPT ANY PCRTICNS L= WIT'LLBI Tf� EZGFIT MILE LATERAL. 4 Page 2 WARRANTY DEED For Value Received. Turmas R. Walker and Lillian I. Walker, husband arra wife, to einafter referred to as Grantor, dces hereby grant, bargain, sell, and convey punto David S. Fuller and Shirley A. Fuller, husband and wife, hn*ninafter referred to as Grantee, whose current address is 890 N. Ten Mile Rd., Meridian, ID, 83642 the following gibed premises, to -wit: That remain real property more particularly described t4= "Exhibit A" _attached hereto, which said "Exhibit A" is by this reference incorporated herein and made a part teseof. 91.50705_ FIRST AMERICAN TITLE CO. AD: C. J. DAVIO RECORDER B _D 91 SEP 11 PM 3 58� TO HAVE AND TO FOLD the said promises, with their Unto the said, Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee; that Grantor is the owner in fee simple of said premises: that said premises are free from all erA=anbranms except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the promises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: September 9th, 1991. / Ttras R. Walker �ill.ian I. Walker m STATE OF IDAHO ) ss COUNTY OF Ada ) On This �day of September, in the year 1991, before me, a Notary Public in and for said State, personally appeared Thanes R. Walker and r.i11ian I. Walker, krown wn or identified to me to be the persons whose names are subscribed to the within Instnment, and adcyowledged to me that they executed the same• L . i notary Fub].uc for Idaho Residing at Boise, Idaho Camni.ssicn Expires: 7-:25-93 First American Title Company of Idaho r., u IT "A" _. A pa_roa� of la-4b'ky. a portion of tri Set;tI^..,st quarter of t`� D�rthc�est quar- tar of seaticri 11, Tt,,ms.'-3p 3 North Ran- 1 t=est, Boise Floridian, Ada County, Ida.'z, more. particularly described as follows: Ecginn -g at a brass cap marking tn$ S „athasst corner of said Southast quarter of t'b Nord-o; .st a+aarter of Secticn 11, also said brass cap be the RFA.L FUIi`iI OF rP I2,41iT ; thence along V.' the estsrly bamdazy of tt Saut`x -est quarter of t horths est quarter A- th 00°25'27" East 699.89 feet to a point;.trier= leaving said Westerly b- -y of. said Sw&&;est quarter of tin NarUwesst quarter. South 87.35123". East 313.33 feet (fornnarly North 88 °00' West) to an i-.,n pin; them alcr:g a ].ire parallel with and Easterly of said Westerly bcumb y of the Scuth st gtiart r of tt� Nortl--vest quarter South CO°25' 27 West 691.18 feet to a point car the Scuti^-rly bour4ary -�` of tI� Southwest quarter of the NortYaaest quarter; tt rr2 along said Sou ttarly bn weary of. thz SouthFn- quarter of the Northwest quarter North 89 ° 10' 57" West 313.15 feet to the POINP OF BEGINNIlNG. E < T D17CH AND FAD, RIGHTS OF TAr Y. ALSO ExcEpT r%Nv pQRTT N LYItiG WITHIN wMT PING Am TIN MILE ROAD. ALSO E CEPT. ANIf PORTIONS L= WITHIN THE TEN MLLE STUB DRAIN. AFFIDAVIT OF LEGAL INTEREST We. David S. and Shirley A. Fuller, 890 N. Ten Mile Rd., Meridian, Idaho 83642, being first duly sworn upon oath, depose and say: 1. That we are the owners of the property described on the attached, and we grant our permission to Gold River Companies, Inc., 2326 W. Rainwater Ct., Meridian, Idaho 83642 to submit the accompanying applications for Annexation/Zoning, Conditional Use Permit, and a Preliminary Plat pertaining to that property. 2. We agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute arising about the statements contained herein as to the ownership of the property which is the subject of the application. Dated this 31st day of January, 2000 b��d�s David S. Fuller Ct` Shirley A. Fuller SUBSCRIBED AND SWORN to before me the day and year first above written. ".0010 J. C9 �'•. Notary Pub r Idahfo B �;•''••'••L+$0► Residing . tyOTAg j,�x s My Commission Expires 9aa pUB L1G ,i ',�9 .....• �Oo�it' co r DAVID A BAILEY David A. Bailey 6417 Santa Cruz Dr. CONSULTING Boise, Idaho 83709-6550 (208)362-6253 C ILU* MMMGIPLAMMNGlINVEMGATIONS (208) 870-1013 TO: Shari Stiles City of Meridian 1681 W. Sandalwood Meridian, ID 83642 DATE: February 1, 2000 RE: Valeri Heights Planned Development Ms Stiles: On behalf of Gold River Companies, Inc., we are submitting this application for Annexation and Zoning to R-15 and LO, a Subdivision Preliminary Plat and a Conditional Use Application for 128 Apartment Units, 8 Attached Townhomes and a 26,000 square foot Office Building on 12.73 acres located at the northeast corner of Pine Street and Ten Mile Road. The proposed subdivision consists of 1 Limited Office Lot, 8 Townhouse Lots, 1 Apartment Lot (128 units) and 2 Landscape Lots. We previously submitted an application for Annexation, Subdivision and Conditional Use in July of 1999. The annexation and conditional use were denied and the subdivision application was withdrawn. The previous plan included 18,000 square feet of office space, 158 apartment units and 6 townhouse lots. The configuration of the apartments and the townhouses has been significantly changed from that application, the number of units has been significantly reduced and the building layout and appearance has been significantly changed. Many of the recommendations we received from the previous public hearings have been incorporated into this plan, including the removal of all of the previously proposed tandem parking and the creation of more usable open space. The property is currently zoned RT by Ada County. The Meridian Comprehensive Plan designates the area as Mixed Residential, showing these areas on the Comprehensive plan map as buffers between those areas designated for General Industrial and those areas designated for Residential. This proposal provides the ideal transition from Industrial to Limited Office (LO) to Medium High Density Residential (R-15) Apartments to Single Family attached Townhouses located near existing single family residential in Thunder Creek Subdivision. The Apartment portion of the project is in compliance with the Meridian Zoning, Development and Subdivision Ordinances and incorporates the following features: - 2.25 Parking Spaces per unit have been provided, 160 of these spaces are garages. - A Clubhouse with a swimming pool, hot tub, barbecue and half court basketball facility will be provided. - Access to the site meets ACHD requirements and provides excellent circulation within the site for emergency access while discouraging cut through traffic from Pine Street to Ten Mile Road. The layout of the access driveways in relation to the apartment buildings also provides additional buffering of the site from adjacent properties. The placement of the garages at the exterior of the property provides additional buffering from adjacent properties. Additional landscaping will be provided in these areas as well. Five foot wide sidewalks are provided throughout the site with stamped concrete walkways across driveways for safety and appearance. Significant landscaping is provided throughout the site including landscape berms adjacent to Pine Street and Ten Mile Road, lighted water fountains in the central courtyard and trees strategically placed within the site to break up the lines of the buildings. Sewer and Water will be extended to the site at the developer's expense. All other utilities are also available to the site. All streets, curbs, gutters and sidewalks within the areas to be dedicated for public right of way and all similar improvements on the site will be constructed to ACHD and City of Meridian Standards. All construction on the site will meet ADA and Fair Housing Act accessibility requirements. Cross access easements will be shown on the final plat for access to the Office Space. As shown on the Preliminary Plat Drawing, the Ten Mile Stub Drain currently crosses the Southwest corner of this site in an open condition from Pine Street to Ten Mile Road. The developer will cover this drain at his expense (ACHD has agreed to buy the piping) in order to reduce the safety hazard at this intersection and provide for widening of the roads. All construction will be with the approval of Nampa Meridian Irrigation District. We are submitting with this application copies of a traffic study performed by Dobie Engineering analyzing the traffic impact of this development. The study has taken into account the effect of the high school traffic in this area. We are submitting restrictive covenants for this subdivision for review with this application. The covenants also cover sign restrictions for this site. We are not requesting approval of any sign applications for this site at this time. It is expected that two monument signs meeting city requirements will be applied for in the future, one at each entrance to the site. No signs will be permitted on the Office building which face Pine Street or Ten Mile Road. In accordance with the Planned Development Ordinance, we are requesting a variance from the minimum street frontage requirements for the four interior townhouse lots. Statement of Compliance: 1. All driveways, parking, curbs, gutters and sidewalks will be constructed to Meridian City Ordinance Standards. 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The development will be connected to City services. 4. This development will be in compliance with Meridian City Ordinances. 5. The preliminary plat will include all appropriate easements. 6. All street names are existing and should not interfere with the City grid. 2 Affidavits: 1. This property will be posted one (1) week before the public hearing with postings containing the name of the applicant, description of the zoning amendment, and time and date of the public hearing. 2. The applicant has read the contents of this application and verifies that the information contained herein is true and correct. D. cc: File #C9913 Vicki Welker 3 i►. VALERI HEIGHTS SUBDIVISION TRAFFIC STUDY UPDATE Page 1 Dobie Engineering, Inc. 777 Hearthstone Dr. Boise, ID 83702 (208)345-3290 Dave Bailey Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID 83709 RE: Valeri Heights Subdivision Traffic Study Update Dear Dave: This supplemental traffic analysis was prepared to evaluate the impacts of the revised site plan and development program for the Valeri Heights Subdivision. Refer to the original traffic study (DEI, 8/99) for additional information and analysis. The new development program includes 128 apartments units, 8 townhomes and 32,000 sf of general office space. In addition, the new site plan proposes only one driveway accessing Ten Mile Road. Estimated site generated traffic is summarized in Table 1. Shown in Table 2 are the projected future traffic volumes within the study area as presented in the current COMPASS Transportation Planning Model. Table 2 Site Traffic Distribution Average Dail Traffic Projections Street: Year 2005 Year 2015 Ten Mile Road North of Pine Avenue 8,500 17,700 Pine Avenue East of Ten Mile Road 7,100 10,700 Prepared by Dobie Engineering, Inc. Table I Site -Generated Traffic (Rounded) Subdivision: No. Units New Trips/Day AM Trips PM Trips Apartment Units 136 900 70 85 Office Space 32.0 555 75 115 Total 1455 145 200 Shown in Table 2 are the projected future traffic volumes within the study area as presented in the current COMPASS Transportation Planning Model. Table 2 Site Traffic Distribution Average Dail Traffic Projections Street: Year 2005 Year 2015 Ten Mile Road North of Pine Avenue 8,500 17,700 Pine Avenue East of Ten Mile Road 7,100 10,700 Prepared by Dobie Engineering, Inc. VALERI HEIGHTS SUBDIVISION TRAFFIC STUDY UPDATE Page 2 The sum of site generated traffic plus COMPASS projections was evaluated to assess future traffic conditions. In addition to the traditional PM peak hour traffic analysis, a noon hour evaluation was also prepared for this site. At this time, traffic from Meridian High School loads Pine Street. Future trips at full buildout of the Valeri Heights Subdivision were estimated and assigned to the local streets. Shown in Figure 3 are the probable average daily traffic volumes on the project driveways. Figure 4, which follows, illustrates the turning movements at the arterial intersection and the main site entrance for the peak hour periods in the year 2005. Presented in Table 3 are the findings of a level of service analysis for the major project entrances during the PM peak hour for the year 2005. Appendix C contains the detailed calculations. Table 3 LOS Analysis at Project Entrances (Unsignalized Intersection) SB - L EB - L WB -L Pine Avenue/Drive A B A N/A Ten Mile Road/Drive B A N/A C As indicated in Table 3, projected traffic will experience very little delay during the PM peak hour period with the addition of left -turn lanes as proposed. Shown in Table 4 is the LOS analysis of the arterial intersection of Ten Mile Road with Pine Avenue. In this evaluation both the PM peak hour and noon hour conditions for the year 2005 traffic environment were evaluated with full buildout traffic from Valeri Heights. Table 4 Peak Hour LOS Analysis for the Arterial Intersections PM Hour Noon Hour Anuroaches: Left Thru/Right Left Thru/Right Eastbound D D B B Westbound F C B A Northbound A A A A Southbound B A B A Intersection LOS D A Prepared by Dobie Engineering, Inc. VALERI HEIGHTS SUBDIVISION TRAFFIC STUDY UPDATE Page 3 This summary indicates that the intersection operates at an overall level of service "D" rating during the PM peak hour with the addition of the site -generated traffic from Valeri Heights. The noon traffic is less than the PM peak hour volume and therefore has more favorable service level conditions. Left -turning movements from Ten We Road are within acceptable service levels and will not interfere with through traffic movements. Left -turning traffic exiting to Pine Street, however, will experience severe delays during peak PM periods. The addition of dedicated left -turn lanes will improve this condition. As traffic volumes approach the year 2015 projections, a traffic signal at this intersection should be considered. Please call me if you have any questions or need additional information. Sincerely, Patrick Dobie, P.E. Dobie Engineering, Inc. Prepared by Dobie Engineering, Inc. FIGURE A VALERO HEIGHTS SUBDIVISION YR 2005 TURNING MOVEMENTS PM PEAK HOUR 0 �- z Llj F-01900 v, 0 0 PINE STREET Traffic Study Prepared By. �.= A QF��- DOBIE ENGINEERING, INC. M He-untons or. WAN6 0 WM 345-3"0 Q 0 it LU Z w ►- FIGURE B VALERI HEIGHTS SUBDIVISION YR 2005 TURNING MOVEMENTS PM PEAK HOUR 0 0 Ln M� 40 # 40 Om (a N U3 5 1' 15 -� 5 -; her M 0 0 mm 200 'w 20 15 �. 395 r 200 20 335 -Oo- Traffic Study Prepared By. :Ij- & K DOBIE ENGINEERING, INC. T" Hemttwkm Or. BOW% 0 83702 346-3nC HCS-Unsignalized-IntersectionsRelease 2.1c 9950.HC0 - Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 3920378 Streets: (N -S) TEN MILE ROAD (E -W) DRIVE B Major Street Direction.... NS Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/6/99 Other Information ......... SITE TRAFFIC CONDITIONS YR 2005 Two-way Stop -controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R ---- ---- ---- ---- ---- No. Lanes Stop/Yield Volumes PHF Grade MCIs (o) SU/RV Is (o) CVIs (o) PCE Is ------------ 0 1 < 0 N 660 25 .95 .95' 0 0 > 1 0 N 35 470 .95 .95 0 1.10 --------------- Adjustment Factors 0 0 0 0 > 0 < 0 25 35 .95 .95 0 1.10 1.10 -------------- Vehicle Critical Follow-up Maneuver -------------------------------------------------- Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 2 Worksheet for TWSC Intersection ------------------------------------------ Step 1: RT from Minor Street WB EB Conflicting Flows: (vph) 708 Potential Capacity: (pcph) 606 Movement Capacity: (pcph) 606 Prob. of Queue -Free State: ------------------------------------------------- 0.93 Step 2: LT from Major Street -------------------------------------------------- SB NB Conflicting Flows: (vph) 721 Potential Capacity: (pcph) 777 Movement Capacity: (pcph) 777 Prob. of Queue -Free State: 0.95 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: -------------------------------------------------------- 0.93 Step 4: LT from Minor Street -------------------------------------------------------- WB EB Conflicting Flows: (vph) 1240 Potential Capacity: (pcph) 203 Major LT, Minor TH Impedance Factor: 0.93 Adjusted Impedance Factor: 0.93 Capacity Adjustment Factor due to Impeding Movements 0.93 Movement Capacity: (pcph) -------------------------------------------------------- 188 Intersection Performance Summary Avg. 95a Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) -------- ------ ------ ------ (sec/veh) ------- WB L 29 188 > ------- ----- --------- 315 14.7 0.9 C 14.7 WB R 41 606 > SB L 41 777 4.9 0.0 A 0.3 Intersection Delay = 0.8 sec/veh HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 1 ---------------------________________-- _______________________ Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ------------------------------ _ Streets: (N -S) DRIVE A (E -W) PINE STREET Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/6/99 Other Information ......... SITE TRAFFIC CONDITIONS YR 2005 Two-way Stop -controlled Intersection ---------------------------------------------- ---------------- Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- No. Lanes Stop/Yield Volumes PHF Grade MCIs (o) SU/RV' s (s ) CVIs (o) PCE Is ------------ 0 > 1 0 N 20 335 .95 .95 0 1.10 0 1 < 0 N 395 20 .95 .95 0 --------------- Adjustment Factors 0 > 0 < 0 20 20 .95 .95 0 1.10 1.10 -------------- Vehicle Critical Follow-up Maneuver --------------------------------------------------- Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 Streets: (N -S) TEN MILE ROAD (E -W) PINE STREET Major Street Direction.... NS Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/6/99 Other Information ......... SITE TRAFFIC CONDITIONS YR 2005 Two-way Stop -controlled Intersection Northbound Southbound EastboundWestbound L T R L T R L T R L T R ---- ---- ---- ---- ---- No. Lanes Stop/Yield Volumes PHF Grade MCIs (%) SU/RV's (o) CV's (%) PCE Is ------------ 1 1 < 0 N 5 480 180 .95 .95 .95 0 1.10 1 1 < 0 N 160 330 5 .95 .95 .95 0 1.10 --------------- 0 > 1 < 0 5 15 5 .95 .95 .95 0 1.10 1.10 1.10 --------------- Adjustment Factors 1 1 < 0 200 15 200 .95 .95 .95 0 1.10 1.10 1.10 -------------- vehicle Critical Follow-up Maneuver -------------------------------------- Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street ----------------- ------------- EB Conflicting Flows: (vph) 600 350 Potential Capacity: (pcph) P 688 920 Movement Capacity: (pcph) 688 920 Prob. of Queue -Free State: ------------------------------------- 0.66 0.99 Step 2: LT from Major Street ------------------------------------ SB NB Conflicting Flows: (vph) 694 Potential Capacity: (pcph) 801 352 1165 Movement Capacity: (pcph) 801 1165 Prob. of Queue -Free State: ----------------------------------------------------- 0.77 0.99 Step 3: TH from Minor Street ---------------------------------------- ---EB Conflicting Flows: (vph) 1124 1216 Potential Capacity: (pcph) 281 251 Capacity Adjustment Factor due to Impeding Movements 0.77 0.77 Movement Capacity: (pcph) 215 192 Prob. of Queue -Free State: ------------------------- 0.92 0.91 Step 4: LT from Minor Street -------------------------------------- ------------- WB EB Conflicting Flows: (vph) 1132 1236 Potential Capacity: (pcph) 234 204 Major LT, Minor TH Impedance Factor: 0.69 0.70 Adjusted Impedance Factor: 0.76 0.77 Capacity Adjustment Factor due to Impeding Movements 0.76 0.51 Movement Capacity: (pcph)77 -------------------------------------------------------- 104 Intersection Performance Summary Avg. 95 0 Flow Move Shared Total Queue Approach Rate Cap Cap Movement (pcph) (pcph) (pcph)(sec/veh) Delay Length (veh) LOS Delay (sec/veh) EB L 6 104 > ------- ------- ----- EB T 18 192 > 190 EB R 22.5 0.5 D 22.5 6 920 > WB L 232 177 220.2 11.6 F WB T 18 215 > WB R 232 688 > 594 10.4 2.2 C 111.5 NB L 6 1165 SB L 185 801 3.1 0.0 A 0.0 5.8 1.0 B 1.9 Intersection Delay = 29.9 sec/veh HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 426 Potential Capacity: (pcph) 842 Movement Capacity: (pcph) 842 Prob. of Queue -Free State: -------------------------------------------------------- 0.97 Step 2: LT from Major Street -------------------------------------------------------- WB EB Conflicting Flows: (vph) 437 Potential Capacity: (pcph) 1061 Movement Capacity: (pcph) 1061 Prob. of Queue -Free State: 0.98 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: -------------------------------------------------------- 0.97 Step 4: LT from Minor Street -------------------------------------------------------- NB SB Conflicting Flows: (vph) 800 Potential Capacity: (pcph) 364 Major LT, Minor TH Impedance Factor: 0.97 Adjusted Impedance Factor: 0.97 Capacity Adjustment Factor due to Impeding Movements 0.97 Movement Capacity: (pcph) -------------------------------------------------------- 354 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) -------- ------ ------ (veh) (sec/veh) ------------- SB L 23 354 > ------- ----- --------- 498 8.0 0.2 B 8.0 SB R 23 842 > EB L 23 1061 3.5 0.0 A 0.2 Intersection Delay = 0.5 sec/veh HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 -------------------------------------------- Streets: (N -S) TEN MILE ROAD (E -W) PINE STREET Major Street Direction.... NS Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/6/99 Other Information......... SITE TRAFFIC CONDITIONS YR 2005 NOON HO UR Two-way Stop -controlled Intersection --------------------------------- NorthboundSouthbound Eastbound Westbound L T R L T R L T R L T R No. Lanes Stop/Yield Volumes PHF Grade MC's (o) SU/RV's (t) CV's (o) PCE 's ------------ 1 1 < 0 N 5 215 35 .95 .95 .95 0 1.10 --------------- 1 1 < 0 N 100 215 5 .95 .95 .95 0 1.10 ---------------- 0 > 1 < 0 5 15 5 .95 .95 .95 0 1.10 1.10 1.10---------------' Adjustment Factors 1 1 < 0 35 15 105 .95 .95 .95 0 1.10 1.10 1.10 --------------- Vehicle Critical Follow-up Maneuver ------------------------------------------------------------------ Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1c 9950.HC0 Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1: RT from Minor Street WB EB Conflicting Flows: (vph) 244 228 Potential Capacity: (pcph) 1042 1061 Movement Capacity: (pcph) 1042 1061 Prob. of Queue -Free State: -------------------------------------------------------- 0.88 0.99 Step 2: LT from Major Street -------------------------------------------------------- SB NB Conflicting Flows: (vph) 263 231 Potential Capacity: (pcph) 1285 1330 Movement Capacity: (pcph) 1285 1330 Prob. of Queue -Free State: -------------------------------------------------------- 0.91 1.00 Step 3: TH from Minor Street -------------------------------------------------------- WB EB Conflicting Flows: (vph) 586 602 Potential Capacity: (pcph) 537 527 Capacity Adjustment Factor due to Impeding Movements 0.91 0.91 Movement Capacity: (pcph) 486 477 Prob. of Queue -Free State: -------------------------------------------------------- 0.96 0.96 Step 4: LT from Minor Street -------------------------------------------------------- WB EB Conflicting Flows: (vph) 594 646 Potential Capacity: (pcph) 480 447 Major LT, Minor TH Impedance Factor: 0.87 0.87 Adjusted Impedance Factor: 0.90 0.90 Capacity Adjustment Factor due to Impeding Movements 0.90 0.80 Movement Capacity: (pcph) -------------------------------------------------------- 430 356 Intersection Performance Summary Avg. 950 Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) -------- ------ ------ ------ (veh) (sec/veh) EB L 6 356 > ------- ------- ----- --------- EB T 18 477 > 498 7.7 0.1 B 7.7 EB R 6 1061 > WB L 41 430 9.3 0.2 B WB T 18 486 > 5.7 WB R 122 1042 > 908 4.7 0.6 A NB L 6 1330 2.7 0.0 A 0.1 SB L 116 1285 3.1 0.2 A 1.0 Intersection Delay = 1.9 sec/veh 1.47A11 design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 1.48Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 1.49Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.50Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 1.51 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 ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 1.52Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 1.53Applicant additionally meet the requirements within the ACHD's letter of August 15, 2000. 1.54Access to the end apartments to pull hoses will need to be improved. 1.55The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 -1w-. CO r _ oT C11 W N c) 3 00 cD3 m � CL V a X2(30 D v (D y Lq ° a o, y ccD D � n co 00 00 V t0 �0 00 00 00 00 pp 00 O O �O T CD z � F+ A V O (, O 0 00 V O 00 O o s of ry i w tp W 01 tp N Ln ..O.pp w D z o m a 3 9 cr y N n 0 0 o a m C n 0 3 m o Om 3 CD w91 � D n N 3 a d c 3 ;om pN'3 rB 4 6 m � O w � c � :1 m m m cn c a a D 0 0 v m D n 2 n � n `D N o 3 7 `° o DD❑ D � m m cD j m o :0 m x- Q � p i m a.� a � 0m0 (D N O o-''' Nko W 01 O lb 00 Nj O CD n N O Ln 8' z g f+ rQ v, v, ❑DOD C 3 m 0o W CD W m N OX pO '�-�- -I T g° 3 p cl W a a w v (u _� 3 A a _ M d sn mmOmm'67 aj 0 7 o,_ O s o CD �� m O. N N m d m N C O) o �. 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N T U) '" v O 3 CD x � 'D � W cb mm3 a^m d. n rn T9 oco F Q n - m 3 0 c m 0 7 p o , 3 O 3 3om��D, od.��5'x Cn' —m'C3 70. `D y N C 3 Wm m ID m am 5._N 3 IN !OR m D °"•D C o •c Cwmvn�Q n m m m 0 CD a 0 7M m S N November 3, 2000 MERIDIAN CITY COUNCIL MEETING November 8, 2000 CUP 00-014 APPLICANT Vicki Welker / Gold River Companies ITEM NO. l REQUEST Tabled October 17 2000 - Findings - CUP for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones - NEC of Pine and Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous item packet OTHER: Contacted:ykV� �� Date: �l 0 Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) GOLD RIVER COMPANIES, INC., FOR A ) CONDITIONAL USE PERMIT FOR MULTI- ) FAMILY TOWNHOUSE/OFFICE VALERI ) HEIGHTS SUBDIVISION ZONED R-15 AND ) L -O LOCATED AT THE NORTHEAST CORNER) OF W. PINE STREET AND S. TEN MILE ROAD) MERIDIAN, IDAHO ) C/C 10-03-00 CASE NO. CUP -00-014 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5t' day of September, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for a multi -family townhouse/office Valeri Heights Subdivision, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a multi -family townhouse/office Valeri Heights Subdivision, as described in the PRELIMINARY PLAT, Drawn By: DAB, Checked By: David A. Bailiey, P.E., Project No. C9913, Date: 02-01-2000, stamped REVISED, Sheet PP -1, David A. Bailey Consulting, VALERI HEIGHTS SUBDIVISION, Gold River Companies, Inc., Developer, for the development of the aforementioned planned commercial development for a commercial development consisting of a multi -family townhouse/office Valeri Heights Subdivision and which property is described as: ORDER OF CONDTTIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 (R-15) Medium High Residential District: A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section 11 T.3N., R. 1W., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marking the W 1/4 corner of said Section 11, thence along the West line of said NW 1/4 N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N 00°25'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00°25'27" E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section S 87°35'23" E a distance of 507.94 feet to a 5/8 inch rebar; Thence N 80°40'45" E a distance of 344.45 feet to a point; Thence S 61°0'1'27" E a distance of 14.33 feet to a point; Thence S 00°49'03" W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NW 1/4 N 89010'57" W a distance of 485.79 feet to a point; Thence leaving said Section line N 00°49'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11°51'28" E to a point; Thence N 22°53'52" E a distance of 51.44 feet to a point; Thence N 67°06'08" W a distance of 43.08 feet to a point; Thence N 89°10'57" W a distance of 156.38 feet to a point; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 Thence N 00°25'27" E a distance of 273.96 feet to a point; Thence N 89°34'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and (L -O) Limited Office District: A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W 1/4 corner of said Section, thence along the West line of said NW 1/4 N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N 00°25'27" E a distance of 2196.33 feet; Thence leaving said Section line S 89°34'33" E a distance of 200.50 feet to a point; Thence S 0°25'27" W a distance of 273.96 feet to a point; Thence S 89°10'57" E a distance of 156.38 feet to a point; Thence S 67°06'08" E a distance of 43.08 feet to a point; Thence S 22°53'52" W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11°51'28" W to a point; Thence S 0°49'03" W a distance of 86.04 feet to a point; Thence along the South line of said NW1/4 N 89°10'57" W a distance of 368.85 feet to the POINT OF BEGINNING. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2. That the above named applicant is granted a conditional use permit for a multi- family townhouse/office Valeri Heights Subdivision, located at the Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. c. Front, street and side yard setbacks 1. 1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 1.2Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.40utside 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 Section 11-134C. 1.5A11 signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.6Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1.7A11 construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 1.8Screened trash enclosures shall be provided in accordance with Ordinance 11-12- 1C. 1.9Proposals for Planned Unit Developments shall 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. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. 1.1OStorage 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. 1.11 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. Parking areas may be no closer than four feet (4') to any established street or alleyway. 1.12A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.13Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 1.14Screen 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. 1.15Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1. 161f a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 1.17There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parking. 1.18Submit letter from the Ada County Street Name Committee, approving the subdivision and. street names. Make any corrections necessary to conform. 1.19Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2OApplicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 1.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.22Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 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. 1.23Two-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. 1.24Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.25Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 1.26Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 1.27Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 1.28Ada County Highway District three -lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.29Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 1.3013edicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.31 Dedicate 35 -feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.32Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 1.33Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.34Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.35Construct Gray Cloud Way to connect to an existing stub street at the north property line. 1.36Locate driveways within the subdivision, a minimum of 50 -feet from street intersections. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement. 1.37Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.38Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 1.39Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.40Construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 1.41Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 1.42Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.430ther than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.44Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 1.45Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 1.46Payment of applicable road impact fees are required prior to building construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.56A11 codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14, 2000, as follows: 1.57Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. 1.58In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). Adopt the Recommendations of the Central District Health Department as follows: 1.59Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre- treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1.59.2Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 October 13, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING October 17, 2000 APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. G REQUEST Tabled from October 3, 2000 - Findings of Fact and Conclusions of Law - Request for CUP to construct a 128 -unit apartment complex, townhouses and office on 12.73 acres in a proposed L -O zone for proposed Valeri Heights Sub - nec of Pine Avenue and Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: /V CITY BUILDING DEPT: 1 I CITY WATER DEPT: % n CITY SEWER DEPT: f MERIDIAN SCHOOL DISTRICT: G�✓ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: [ d 100 Phone: X23 - 4flG0 Materials presented at public meetings shall become property of the City of Meridian. 1.60The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functional streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 1.61 Developer shall provide an interim all -way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by -36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15, 2000, as follows: 1.62Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: 1.63Applicant shall be required, with the most northern apartment building, to eliminate the third floor, with corresponding reduction in the number of apartments, and make that apartment building a two story building. The entire complex shall have a total of 120 units. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 1.64Install a traffic signal at Ten Mile Road and Pine Street. 1.65Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide a weather ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 access and a "cut -through" through the building from the parking lot to the traffic signal. 1.66Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 1.67Increase setbacks for garage buildings to 15 feet. 1.68Reduce the number of garage units by and landscaping. 1.69Install fire gates between the project and Thunder Creek. to increase open space I.70Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 1.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 1.72Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. 1.73Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 1.74Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with a left turn lane and sidewalks on Ten Mile. 1.75Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles, if ACHD approves. No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of .2000. Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: msg/ZAWork\M\Meridian 15360MWaleri Heights AZ\CUP0rder14 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 14 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 le- /7 -Ccs C-7 October 16, 2000 Mayor Corrie Council Members Bird, Anderson, deWeerd, and McCandless Attorney William Nichols City of Meridian 33 E. Idaho Meridian, ID 83642 C;1 OCT 17 2000 City of Meridian City Clerk Office Thank you for the work you have done this far regarding Valeri Heights (and please note we were embarrassed by, and apologize for, the behavior of some individuals at the 9-19 Council Meeting). Thank you for listening to our concerns regarding traffic safety, pedestrian safety, and the impact on the existing neighborhood. We especially appreciate the conditions which place a traffic signal at Pine and Ten Mile, add sidewalks on the east side of Ten Mile, limit the hours and types of the businesses in the office complex, and make the northern -most apartment building closest to Thunder Creek a two-story building. We have reviewed the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit, and we would like to offer feedback regarding wording of certain conditions which concerned and/or confused us. In Order of Conditional Approval of Conditional Use Permit, page 1, item 1: Reference is made to the preliminary plat dated 02-01-2000. However, significant revisions were made on the preliminary plat site plan submitted 08-21-2000: A. Most important to the residents of Thunder Creek is the revision which terminates Lightning Way within Thunder Creek at the northern boundary of Valeri Heights (and this was approved by the Ada County Highway District Commissioners on 08-09-2000). B. Another revision in the 08-21-2000 plan rotates the townhouses at the northwest corner of Valeri Heights, and connects Valeri Heights to Lightning Way with a sidewalk, but no automobile traffic. C. Another revision creates an entrance into Valeri Heights off of Ten Mile which forms a cul-de-sac in front of the townhouses. It is our concern that, unless it is specified that it is the 08-21-2000 site plan which is being approved, the developer could revert back to the 02-01-2000 site plan and Lightning Way be put through into Valeri Heights and out to Ten Mile. This is not what was promised to us by the developer. Page 13, items 1.69 regarding the installation of fire gates between the project and Thunder Creek, and 1.75, Grey Cloud being gated with a security gate allowing pedestrian, bicycle, and emergency vehicle access. It was our understanding (as referenced above) that Lightning Way will terminate within Thunder Creek. It was our understanding that the condition on Grey Cloud was intended to require an Opticom (or a similar remote access system) fire -gate between Thunder Creek and Valeri Heights on Grey Cloud to eliminate apartment traffic through the residential neighborhood. This could use some clarification, please. Also on Page 13, item 1.75, we are not sure what the qualifier "if ACHD approves" means. What is the developer expected to do to gain ACHD approval to do the fire -gate on Grey Cloud: call one of the ACHD planners on the telephone or go back before the Commissioners? What will happen if approval for the fire -gate is not granted: will the project be stalled or will it proceed? Page 13, item 1.72, regarding the developer making up to 50 memberships available, on a paid basis, to the neighbors in the Thunder Creek Subdivision. Are memberships counted by number of individuals or number of homes? If memberships are counted by households, Thunder Creek only has 20 homes in it. We are not clear if the intention of the condition was to offer memberships to the adjacent Haven Cove neighbors as well as the Thunder Creek neighbors. Again, thank you for the work you have done and thank you for the opportunity to ask for clarification on some of the conditions! Sincerely, Irma and David Atkinson 1124 N. Lightning Place Meridian, ID 83642 PcEMEID Nov - 2 2000 i n t e r o f f ice CITY OF MERIDIAN MEMORANDUM To: Mayor Robert D. Corrie and City Council cc: William G. Berg, Jr. (originals of the AZ, PP and CUP Findings) DICTATED BY ATTORNEY AND From: Wm. F. Nichols SENT WITHOUT SIGNIATL,RE 1N HIS ABSENCE TO AVOID Q- 1Y Subject: Modifications to Valeri Heights (Vicki Welker/Gold River Companies, Inc.) Date: November 2, 2000 Mayor Corrie and City Council: Please be advised that I have been contacted by Susan Wildwood, attorney for the above named applicant, regarding these matters. Some items were simply being congruent with the name of the applicant, and others correcting the spelling of the project. For others, her client has made some proposals for modification. Below are the findings as drafted and the language suggested by the applicant: Preliminary Plat Case No. PP -00-005 Attorney's draft PP Findings starting at page 11: 2.42 Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide weather access and a "cut - through" through the building from the parking lot to the traffic signal. Applicant's version: 2.42 Add to end of paragraph: Redesign of office building has been completed and reviewed by City. Attorney's draft: msgfZAWork\M\Meridian\Meridian 15360M\Valeri Heights AZ\MayorCouncilModifica110200.Mem File Page 2 November 2, 2000 ► 2.43 Restrictions on the type of business (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. Applicant's proposal: ► Restrictions on types of businesses reads 8:00 to 8:00. Gold River and neighbors agreed on 10:30 p.m. as close of business. There was no discussion regarding starting hours. We need to be able to offer opening hours of 6:00 a.m. in case we have a use such as a bakery. Attorney's draft: ► 2.45 Reduce the number of garage units by to increase open space and landscaping. Applicant's proposal: ► Reduce garage units to increase open space and landscaping. Gold River reduced two garages per request by Ron Anderson. We should not be required to reduce more than a 10% reduction. We want the option to reduce the number of garages if appropriate for the design. Attorney's draft: ► 2.46 Install fire gates between the project and Thunder Creek. Applicant's proposal: ► This provision should be eliminated because it was eliminated at the ACHD level by changing the road on Lightening Way. msg/ZAWork M\MeIidian\MeIidian 15360M\Valeri Heights AZ\MayorCouncilModifica110200.Mem V File Page 3 November 2, 2000 Attorney's draft: ► 2.47 Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. Applicant's version: ► Install sidewalks on the east side of Ten Mile ... where permission can be obtained from the landowners. Attorney's draft: ► 2.48 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. Applicant's version: ► Restrict the right to make application for more than the allowed R-15 density or change of use, EXCEPT what is allowed in the LO designation under the conditional use for the office building. Attorney's draft: ► 2.49 Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowner's Association. Applicant's version: ► Make up to 20 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision as there are only 20 lots in that subdivision. msg/ZAWorkVVNVleridian\Meridian 15360KValeri Heights AZ\MayorCouncilModifica110200.Mem File Page 4 November 2, 2000 Conditional Use Permit Case No. CUP -00-014 Attorney's draft CUP Findings starting at page 14: 13.65 Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide weather access and a "cut - through" through the building from the parking lot to the traffic signal. Applicant's version: ► Add to end of paragraph: Redesign of office building has been completed and reviewed by City. Attorney's draft: ► 13.66 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. Applicant's version: ► Restrictions on types of businesses reads 8:00 to 8:00. Gold River and neighbors agreed on 10:30 p.m. as close of business. There was no discussion regarding starting hours. We need to be able to offer opening hours of 6:00 a.m. in case we have a use such as a bakery. Attorney's draft: ► 13.68 Reduce the number of garage units by to increase open space and landscaping. Applicant's version: msg/Z:\Work\M\Meridian\Meridian 15360M\Valeri Heights AZ\MayorCouncilModifical 10200.Mem File Page 5 November 2, 2000 Reduce garage units to increase open space and landscaping. Gold River reduced two garages per request by Ron Anderson. We should not be required to reduce more than a 10% reduction. We want the option to reduce the number of garages if appropriate for the design. Attorney's draft: ► 13.69 Install fire gates between the project and Thunder Creek. Applicant's version: ► This provision should be eliminated because it was eliminated at the ACHED level by changing the road on Lightening Way. Attorney's draft: ► 13.70 Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. Applicant's version: ► Install sidewalks on the east side of Ten Mile ... where permission can be obtained from the landowners. Attorney's draft: ► 13.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. Applicant's version: ► Restrict the right to make application for more than the allowed R-15 density or change of use, EXCEPT what is allowed in the LO designation under the conditional use for the office building. ms JZ:\WorkVvl\Meridian\ Meridian 15360M\Valeri Heights AZ\MayorCouncilModifica110200.Mem File Page 6 November 2, 2000 Attorney's draft: ► 13.72 Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowner's Association. Applicant's version: Make up to 20 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision as there are only 20 lots in that subdivision. Applicant additionally added the following sentence to the October 26, 2000 letter from Susan Wildwood, for the Conditional Use Permit: ► Last, please note correct information regarding total reduction of units to 124, not 120 per David Bailey's letter. I understand he faxed this to you. I include it for your convenience. Additionally, I have attached the Annexation and Zoning, Preliminary Plat and Conditional Use Permit Findings, and the letter received by Irma and David Atkinson, dated October 16, 2000. RECOMMENDATION TO CITY COUNCIL: The minor items, which are typo's and name changes, are not of concern and can be corrected easily, and, in fact, have already been made. Additionally, the letter received from Irma and David Atkinson, dated October 16, 2000, those issues should be addressed, as well. Therefore, for the upcoming Council meeting of November 8, 2000, I will await direction from Council on the above issues for the Preliminary Plat and Conditional Use Permit. If you have questions please advise. msg/ZAWork\M\Meridian\Meridian 15360M\Valeri Heights AZ\MayorCouncilModiFcal 10200.Mem C / t- /C' / - C a ,'fir- 6� October 16, 2000 Mayor Corrie Council Members Bird, Anderson, deWeerd, and McCandless Attorney William Nichols City of Meridian 33 E. Idaho Meridian, ID 83642 E ('D 6E 1 _ . H i ,Jl' I �_ �nLiu Cis; of �Ieric?ian city Curl: Office Thank you for the work you have done this far regarding Valeri Heights (and please note we were embarrassed by, and apologize for, the behavior of some individuals at the 9-19 Council Meeting). Thank you for listening to our concerns regarding traffic safety, pedestrian safety, and the impact on the existing neighborhood. We especially appreciate the conditions which place a traffic signal at Pine and Ten Mile, add sidewalks on the east side of Ten Mile, limit the hours and types of the businesses in the office complex, and make the northem-most apartment building closest to Thunder Creek a two-story building. We have reviewed the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit, and we would like to offer feedback regarding wording of certain conditions which concerned and/or confused us. In Order of Conditional Approval of Conditional Use Permit, page 1, item 1: Reference is made to the preliminary plat dated 02-01-2000. However, significant revisions were made on the preliminary plat site plan submitted 08-21-2000: A. Most important to the residents of Thunder Creek is the revision which terminates Lightning Way within Thunder Creek at the northern boundary of Valed Heights (and this was approved by the Ada County Highway District Commissioners on 08-09-2000). B. Another revision in the 08-21-2000 pian rotates the townhouses at the northwest comer of Valeri Heights, and connects Valeri Heights to Lightning Way with a sidewalk, but no automobile traffic. C. Another revision creates an entrance into Valeri Heights off of Ten Mile which forms a cul-de-sac in front of the townhouses. It is our concern that, unless it is specified that it is the 08-21-2000 site plan which is being approved, the developer could revert back to the 02-01-2000 site plan and Lightning Way be put through into Valera Heights and out to Ten Mile. This is m„what was promised to us by the developer. Page 13, items 1.69 regarding the installation of fire gates between the project and Thunder Creek, and 1.75, Grey Cloud being gated with a security gate allowing pedestrian, bicycle, and emergency vehicle access. It was our understanding (as referenced above) that Lightning Way will terminate within Thunder Creek. It was our understanding that the condition on Grey Cloud was intended to require an Opticom (or a similar remote access system) fire -gate between Thunder Creek and Valeri Heights on Grey Cloud to eliminate apartment traffic through the residential neighborhood. This could use some clarification, please. Also on Page 13, item 1.75, we are not sure what the qualifier "if ACRD approves" means. What is the developer expected to do to gain ACHD approval to do the fire -gate on Grey Cloud: call one of the ACHD planners on the telephone or go back before the Commissioners? What will happen if approval for the fire -gate is not granted: will the project be stalled or will it proceed? Page 13, item 1.72, regarding the developer making up to 50 memberships available, on a paid basis, to the neighbors in the Thunder Creek Subdivision. Are memberships counted by number of individuals or number of homes? If memberships are counted by households, Thunder Creek only has 20 homes in it. We are not clear if the intention of the condition was to offer memberships to the adjacent Haven Cove neighbors as well as the Thunder Creek neighbors. Again, thank you for the work you have done and thank you for the opportunity to ask for clarification on some of the conditions! C7, .T� s� Irma and David Atkinson 1124 N. Lightning Place Meridian, ID 83642 interoffice MEMORANDUM To: Mayor Robert D. Corriie,A4eridian City Council, Shari Stiles, William G. Berg, Jr. From: Wm. F. Nichols I?ECETVIED Subject: Valeri Heights OCT 2 7 2000 Date: October 27, 2000 CITY OF ME$.IDjAN Mayor Corrie, Council Members, Shari and Will: Please find attached, to my memo, the letter that Susan Wildwood faxed to my office on todays date. Additionally, I am attaching David A. Bailey's letter sent via facsimile with a date of October 26, 2000. I want to make sure that each of you receive copies of these two letters. If you have any questions on this matter, please give me a call. msg;/Z:\Work\M\Meridian 15360M\Valeri Heights AZ\MayorCouncilStilesBerg10270OLtr.wpd 11110M : WILDWOOD PHONE NO. : 208 343 3756 Oct. 26 2000 03:31PM P2 Susan Wild wood, Chartered Attorney -At -La w TRANSMITTED BY FACSIMILE - 288-2501 October 26, 2000 William F. Nichols White Peterson Morrow Gigray Rossman Nye & Rossman, P.A. P.O. Box 1150 Meridian, ID 83689-1150 RE: Modifications to FCO's re Valeri Heights Dear Bill, Here are the proposed corrections per document Call if questions. FCOs re Prehminary Plat Fast Office Box 6,502 Boise, Idaho 83707 Office (208) 383 0Y Fax (208) .34.3-3756 - Applicant is Gold River Companies, Inc. rather than Vicki Welker Valeri Heights - no "e" on end of "Valeri" Page 11 should be revised as follows: - 2.41 OK as stated. 242 Add to end of paragraph Redesign of office building has been completed and reviewed by City. - 2.43 Restrictions on types of businesses reads 8:00 to 8:00. Cold River and neighbors agreed on 10:30 p.m. as close of business_ There was no discussion regarding starting hours. We need to be able to offer opening hours of 6:00 a.m. in case we have a use such as a bakery. 2.44 OK as stated 245 Reduce garage units to increase open space and landscaping_ Gold River reduced two garages per request by Ron Anderson. We should not be required to reduce more than a 10% reduction. We want the option to reduce the number of garages if appropriate for the design. 2.46 This provision should be eliminated because it was eliminated at the ACRD level by changing the road on Lightening Way. WILDWOOD PHONE NO. : 208 343 3756 Oct. 26 2000 03:31PM P3 October 26, 2000 'A Page 2 2.47 Install sidewalks on the east side of Ten Mile ...where permission can be obtained from the landowners. 2.48 Restrict the nght to make application for more than the allowed R-15 density or change of use, EXCEPT what is allowed in the L.O. designation under the conditional use for the office building. 2.49 Make up to 20 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision as there are only 20 lots in that subdivision. 2.5 OK as stated FCOs re Conditional Use Permit: Applicant is Gold River Companies, Inc. rather than Vicki Welker Valeri Heights - no "e" on end of "Valera" Please see same comments above re paragraphs 2.41 through 25 for pages 14 car 15 and 29 & 30 Last, please note correct information regarding total reduction of units to 124, not 120 per David Bailey's letter. I understand he faxed this to you. I include it for your convenience. Thank you again. .for your courtesy in these matters. I certainly appreciate working with you in this area. Very truly yours, A44'a� Susan Wild wood cc: Client(s); file jFROM WILDWOOD PHONE NO. pp f/ TO Meridian City Council 33 E. Idaho St Meridian, ID 8364" RE: Valeri Heights Subdivision Council Members, 208 343 3756 Oct. 26 2000 03:32PM P4 VIA FAX -- 8813-4218 Upon review of -the minutes of the Meridian City Council Meeting of In September, 2006 I have noted :hat rho answc- to a quesrion posed bti Councilperson De Weerd was not consistent with the question. asked. She asked how many units would be removed in reducing the furthest northwest building fom three to two stories. When Shari Stiles asked the how many units would be lost, she pointed to both of the most northwcst buildint3s and I told her that there were 8 third story units in those buildings The plan submitted calls for 8 buildings of 16 units each. 6 ground floor, 6 second floor and 4 third floor units. Thercfare, reducing the most northwest building from three to two storica in height would ren-ove.four units from the project` noteight_ Therefore, I believe the appr,;ol vshould have been for 124 units and not 120 as Mrs Stiles indicated during the meeting. If you have any questions or comments please contact me at (208) 870-1013. David A. Bailey P E. Project Engineer Cc: City Attorney, $ill Nichols 466-4405/288-2501 Susan Wildwood 343-3756 Shari Stiles 888-6854 Vicki Welker (email) FILE COPY BEFORE THE MERIDIAN CITY COUNCIL Revised C/C 10-08-00 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP -00-014 GOLD RIVER COMPANIES, INC., FOR A ) CONDITIONAL USE PERMIT FOR MULTI- ) FAMILY TOWNHOUSE/OFFICE VALERI ) ORDER OF HEIGHTS SUBDIVISION ZONED R-15 AND ) CONDITIONAL L -O LOCATED AT THE NORTHEAST CORNER) APPROVAL OF OF W. PINE STREET AND S. TEN MILE ROAD) CONDITIONAL USE MERIDIAN, IDAHO ) PERMIT This matter coming before the City Council on the 5`t' day of September, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for a multi -family townhouse/office Valeri Heights Subdivision, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a multi -family townhouse/office Valeri Heights Subdivision, as described in the "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERK OFFICE, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C9913, Sheet PP -1, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION", for the development of the aforementioned planned commercial development for a commercial development consisting of a multi -family townhouse/office Valeri Heights Subdivision and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 (R-15) Medium High Residential District: A parcel of land situated in a portion of the S 1/2 of the NW 1/4 of Section 11 T.3N., R. IW., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marking the W 1/4 corner of said Section 11, thence along the West line of said NW 1/4 N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N 00°25'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00°25'27" E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section S 87°35'23" E a distance of 507.94 feet to a 5/8 inch rebar; Thence N 80°40'45" E a distance of 344.45 feet to a point; Thence S 61°01'27" E a distance of 14.33 feet to a point; Thence S 00°49'03" W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NW1/4 N 89°10'57" W a distance of 485.79 feet to a point; Thence leaving said Section line N 00°49'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11'5 1'28" E to a point; Thence N 22°53'52" E a distance of 51.44 feet to a point; Thence N 67°06'08" W a distance of 43.08 feet to a point; Thence N 89°10'57" W a distance of 156.38 feet to a point; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 Thence N 00°25'27" E a distance of 273.96 feet to a point; Thence N 89°34'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and (L -O) Limited Office District: A parcel of land situated in a portion of the S '/2 of the NW 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W 1/4 corner of said Section, thence along the West line of said NW1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner of said Section bears N 00°25'27" E a distance of 2196.33 feet; Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point; Thence S 0°25'27" W a distance of 273.96 feet to a point; Thence S 89°10'57" E a distance of 156.38 feet to a point; Thence S 67°06'08" E a distance of 43.08 feet to a point; Thence S 22°53'52" W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11°51'28" W to a point; Thence S 0°49'03" W a distance of 86.04 feet to a point; Thence along the South line of said NW1/4 N 89°10'57" W a distance of 368.85 feet to the POINT OF BEGINNING. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2. That the above named applicant is granted a conditional use permit for a multi- family townhouse/office Valeri Heights Subdivision, located at the Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.13. c. Front, street and side yard setbacks 1. 1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 1.2Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.40utside 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 Section 11-134C. 1.5A11 signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.6Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1.7A11 construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 1.8Screened trash enclosures shall be provided in accordance with Ordinance 11-12- 1 C. 1.9Proposals for Planned Unit Developments shall 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. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. 1.1OAreas 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. 1.11 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. Parking areas may be no closer than four feet (4') to any established street or alleyway. 1.12An approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.13Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 1.14Screen 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. 1.15Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1. 161f a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 1.17There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parking. 1.18Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.19Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.20Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 1.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.22Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 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. 1.23Two-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. 1.24Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.25Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 1.26Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 1.27Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 1.28Ada County Highway District three -lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.29Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 1.30Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.31 Dedicate 35 -feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.32Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 1.33Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.34Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.35Construct Gray Cloud Way to connect to an existing stub street at the north property line. 1.36Locate driveways within the subdivision, a minimum of 50 -feet from street intersections. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement. 1.37Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.38Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 1.39Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.40Construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 1.41 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 1.42Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.430ther than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.44Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 1.45Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 1.46Payment of applicable road impact fees are required prior to building construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.60The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functional streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 1.61 Developer shall provide an interim all -way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15, 2000, as follows: 1.62Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: 1.63Applicant shall be required, with the two northern most apartment buildings, to eliminate the third floor, with corresponding reduction in the number of apartments, and make that apartment building a two story building. The entire complex shall have a total of 120 units, a reduction of 8 units from the request of 128. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 1.64Install a traffic signal at Ten Mile Road and Pine Street. 1.65Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the huilding; provide a weather ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 1.56A11 codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14, 2000, as follows: 1.57Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. 1.58In addition to the ACRD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to andirom school (across Pine Street). Adopt the Recommendations of the Central District Health Department as follows: 1.59Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre- treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1.59.2Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 access and a "cut -through" through the building from the parking lot to the traffic signal. 1.66Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 1.67Increase setbacks for garage buildings to 15 feet. 1.68Reduce the number of garage units by at least two to increase open space and landscaping. 1.69Install fire gates between the project and Thunder Creek. 1.70Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 1.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 1.72Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. 1.73Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 1.74Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with left turn lanes and sidewalks on Ten Mile. 1.75Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles. No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By actlo,4 of the City Council at its regular meeting held on the Y da of 2000. + Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY' �'4 Dated: ity Clerk msg/ZAWork\M\Meridian\Meridian 15360M\Valeri Heights AZ\CUP0rder14 `\16 of mr ORA SE AL - ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 14 OF 14 BY GOLD RIVER COMPANIES, INC. / CUP -00-014 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI- FAMILY TOWNHOUSE/OFFICE VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O LOCATED AT THE NORTHEAST CORNER OF W. PINE STREET AND S. TEN MILE ROAD, MERIDIAN, IDAHO BY: GOLD RIVER COMPANIES, INC. APPLICANT. C/C 10-03-00 Case No. CUP -00-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and July 18, 2000, and then re -noticed for August 15, 2000, and continued until August 22, 2000, and again until September 19, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and at the May 16, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were David Bailey, Pat Dobie -Traffic Engineer, Scott Harrison - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) Project Designer, and Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and testifying with comments or concerns were: Erma Calhoun Atkinson, Rick Lambert, Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas, Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15, 2000 meeting meeting appearing and testifying in favor of the project were Greg Kritchville, and Daren McNatt, and the matter was continued until August 22, 2000 and again until September 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified,and those appearing in favor of the project were: Jennifer Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber Kerns, Jeff Strouhs, Carrie Rudy, and Steve Bravo, Dave Fuller, Michael Marcceze, Colleen Calhoun, and David Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atkinson, Lynn Hackstetter, KirkTamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael Carthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, Katy Corbol, Mark Lines, Rick Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David Atkinson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley, Devon Everhart, and Steven Martin, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 2 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 16, 2000, and tabled until June 6, 2000, June 20, 200, and July 18, 2000, and then re -noticed for August 15, 2000, and continued until August 22, 2000, and again until September 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 16, 2000, and tabled until June 6, 2000, June 20, 200, and July 18, 2000, and then re -noticed for August 15, 2000, and continued until August 22, 2000, and again until September 19, 2000 public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 3 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in Medium High Density Residential District (R-15) and Limited Office District (L -O), by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of W. Pine Street and S. Ten Mile Road, Meridian, Idaho. 5. The owner of record of the subject property is David and Shirley Fuller of Meridian. 6. Applicant is Gold River Companies, Inc., of Meridian. 7. The subject property is currently zoned R -T Rural Transitional. There is an application for annexation and zoning to Limited Office (L -O) and Medium High Density Residential (R-15) before the City Council. The zoning districts of R-15 and L -O are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2E and G. 8. The proposed application requests a conditional use permit for a multi -family apartment/townhouse/office complex. The R-15 and L -O zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 4 obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. Reese Walter and Andrea Walter both testified against the project at the Planning and Zoning meeting. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 5 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 shall be approved to grant this CUP/PD as presented would include: a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. C. Front, street and side yard setbacks 13.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 13.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 13.4 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 Section 11-13-4C. 13.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 6 13.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 13.7 All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 13.8 Screened trash enclosures shall be provided in accordance with Ordinance 11-124C. 13.9 Proposals for Planned Unit Developments shall 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. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. 13.10 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. 13.11 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. Parking areas may be no closer than four feet (4') to any established street or alleyway. 13.12 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. 13.13 Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 13.14 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) 13.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 13.16 If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACED (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 13.17 There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parking. 13.18 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 13.19 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 13.20 Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 13.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. 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. 13.22 Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 8 13.23 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. 13.24 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall 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. 13.25 Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 13.26 Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 13.27 Six -foot -high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 13.28 Ada County Highway District three -lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 13.29 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 13.30 Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 9 13.31 Dedicate 35 -feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 13.32 Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 13.33 Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 13.34 Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 13.35 Construct Gray Cloud Way to connect to an existing stub street at the north property line. 13.36 Locate driveways within the subdivision, a minimum of 50 -feet from street intersections. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement. 13.37 Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. 13.38 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 - feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 10 13.39 Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 13.40 Construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 13.41 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. 13.42 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 13.43 Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 13.44 Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 13.45 Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 13.46 Payment of applicable road impact fees are required prior to building construction. 13.47 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 11 13.48 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 13.49 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. 13.50 Applicant shall verify all existing utilities within the right-of-way. Edsting utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 13.51 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 ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 13.52 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 13.53 Applicant additionally meet the requirements within the ACHD's letter of August 15, 2000. 13.54 Access to the end apartments to pull hoses will need to be improved. 13.55 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: 13.56 All codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14, 2000, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 12 13.5 7 Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. 13.58 In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). Adopt the Recommendations of the Central District Health Department as follows: 13.59 Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health SL Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 13.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 13.59.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 13.60 The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER. COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 13 being the intersection of two functional streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 13.61 Developer shall provide an interim all -way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15, 2000, as follows: 13.62 Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: 13.63 Applicant shall be required, with the most northern apartment building, to eliminate the third floor, with corresponding reduction in the number of apartments, and make that apartment building a two story building. The entire complex shall have a total of 120 units. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 13.64 Install a traffic signal at Ten Mile Road and Pine Street. 13.65 Redesign the office building to make the exterior more attractive by using decorative windows and door styles on all sides of the building; provide a weather access and a "cut -through" through the building from the parking lot to the traffic signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 14 13.66 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 13.67 Increase setbacks for garage buildings to 15 feet. 13.68 Reduce the number of garage units by to increase open space and landscaping. 13.69 Install fire gates between the project and Thunder Creek. 13.70 Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 13.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 13.72 Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. 13.73 Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 13.74 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with a left turn lane and sidewalks on Ten Mile. 13.75 Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles, if ACHD approves. No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met. 14. The proposed uses within the subject application will be harmonious FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 15 with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed Residential". 15. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 16 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of .Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 17 C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the commuruty; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Limited Office District (L- O) and Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 18 Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 19 G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a multi -family townhouse/office Valeri Heights Subdivision, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. Specific variances/exceptions that shall be approved to grant this CUP/PD as presented would include: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 20 a. Frontages for townhouse lots b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. C. Front, street and side yard setbacks 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-413 and 11-134E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 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 Section 11-134C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1.7 All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 1.8 Screened trash enclosures shall be provided in accordance with Ordinance 11-12-1C. 1.9 Proposals for Planned Unit Developments shall 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AN:D L -O / (CUP -00-014) - 21 appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. Required landscape setbacks on Ten Mile Road and Pine Street shall not be included in these calculations. 1.10 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. 1.11 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. Parking areas may be no closer than four feet (4') to any established street or alleyway. 1.12 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. 1.13 Applicant states that two monument signs shall be proposed in the future, one at each entrance to the site. A maximum background area of 32 s.f. and a maximum height of 6 feet shall be placed on these signs. 1.14 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. 1.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.16 If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior to application for a Certificate of Zoning Compliance. 1.17 There area 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out shall be added to this row of parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 22 1. 18 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.19 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.20 Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 1.21 Sanitary sewer service to this site shall be via extensions from existing mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.22 Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall 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. 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. 1.23 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. 1.24 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 23 source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.25 Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 1.26 Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 1.27 Six -foot -high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. 1.28 Ada County Highway District three -lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 1.29 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. 1.30 Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.31 Dedicate 35 -feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.32 Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 24 1.42 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.43 Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.44 Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. 1.45 Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 1.46 Payment of applicable road impact fees are required prior to building construction. 1.47 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. 1.48 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 1.49 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. 1.50 Applicant shall verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 26 1.51 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 ACRD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 1.52 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 1.53 Applicant additionally meet the requirements within the ACHD's letter of August 15, 2000. 1.54 Access to the end apartments to pull hoses will need to be improved. 1.55 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations of the Meridian Fire Department as follows: 1.56 All codes, hydrants, fire sprinkler systems shall be approved. Street name sign and roads shall be installed before building is started. Adopt the Recommendations of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14, 2000, as follows: 1.57 Develop a transportation management plan in accordance with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. 1.58 In addition to the ACHD requirements, cross walks shall be placed at bath Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 27 Adopt the Recommendations of the Central District Health Department as follows: 1.59 Applicant shall obtain written approval from appropriate entities for central water and central sewage. Additionally, plan(s) for central water and central sewage shall be submitted to and approved by the Idaho Department of Health & Welfare. Run-off is not to create a mosquito breeding problem. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system for preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1.59.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1. 59.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Comments of Ada County Highway District from their letter dated May 15, 2000, as follows: 1.60 The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functional streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 1.61 Developer shall provide an interim all -way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 28 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. and additionally adopt the Comments of Ada County Highway District from their letter dated August 15, 2000, as follows: 1.62 Comply with any additional Site Specific Requirements and Standard Requirements of ACHD. Adopt the action of the City Council from their September 19, 2000 meeting as follows: 1.63 Applicant shall be required, with the most northern apartment building, to eliminate the third floor, with corresponding reduction in the number of apartments, and make that apartment building a two story building. The entire complex shall have a total of 120 units. Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 1.64 Install a traffic signal at Ten Mile Road and Pine Street. 1.65 Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide a weather access and a "cut -through" through the building from the parking log to the traffic signal. 1.66 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 1.67 Increase setbacks for garage buildings to 15 feet. 1.68 Reduce the number of garage units by space and landscaping. 1.69 Install fire gates between the project and Thunder Creek. to increase open 1.70 Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 29 1.71 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. 1.72 Make up to 50 memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. 1.73 Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 1.74 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with a left turn lane and sidewalks on Ten Mile. 1.75 Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles, if ACHD approves. No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 30 and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON I(EITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 31 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: msg/ZAWork\M\Meridian 15 3 60Nf\Valeri Heights AZ\CUPFindingsI4.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY GOLD RIVER COMPANIES, INC. FOR VALERI HEIGHTS SUBDIVISION ZONED R-15 AND L -O / (CUP -00-014) - 32 ** TX CONFIRMATION REPORT ** AS OF OCT 17 '00 08:55 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 02 10/17 08:52 PUBLIC WORKS OF --S 00'31" 002 101 OK 03 10/17 08:53 LEGAL DEPARTMENT EC --S 00'53" 002 101 OK 04 10/17 08:54 208 886 6854 EC --S 00'41" 002 101 OK RECEIVED OCT 17 2000 October 16, 2000 City of Meridian City Clerk Office Mayor Corrie Council Members Bird, Anderson, deweerd, and McCandless Attorney William Nichols City of Meridian 33 E. Idaho Meridian, ID 83642 Thank you for the work you have done this far regarding Valeri Heights (and please note we were embarrassed by, and apologize for, the behavior of some individuals at the 9-19 Council Meeting). Thank you for listening to our concerns regarding traffic safety, pedestrian safety, and the impact on the existing neighborhood. We especially appreciate the conditions which place a traffic signal at Pine and Ten Mile, add sidewalks on the east side of Ten Mile, limit the hours and types of the businesses in the office complex, and make the northern -most apartment building closest to Thunder Creek a two-story building. We have reviewed the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit, and we would like to offer feedback regarding wording of certain conditions which concerned and/or confused us. In Order of Conditional Approval of Conditional Use Permit, page 1, item 1. Reference is made to the preliminary plat dated 02-01-2000. However, significant revisions were made on the preliminary plat site plan submitted 08-21-2000: A. Most important to the residents of Thunder Creek is the revision which terminates Lightning Way within Thunder Creek at the northern boundary of Valeri Heights (and this was approved by the Ada County Highway District Commissioners on 08-09-2000). B. Another revision in the 08-21-2000 plan rotates the townhouses at the northwest corner of Valeri Heights, and connects Valeri Heights to Lightning Way with a sidewalk, but no automobile traffic. C. Another revision creates an entrance into Valeri Heights off of Ten Mile which forms a cul-de-sac in front of the townhouses. It is our concern that, unless it is specified that it is the 08-21-2000 site plan which is being approved, the developer could revert back to the 02-01.2000 site plan and Lightning Way be put through into Valeri Heights and out to Ten Mile. This is nQtwhat was promised to us by the developer. Page 13, items 1.69 regarding the installation of fire gates between the project and Thunder Creek, and 1.75, Grey Cloud being gated with a security gate allowing pedestrian, bicycle, and emergency vehicle access. It was our understanding (as referenced above) that Lightning Way will terminate within Thunder Creek. It was our understanding that the condition on Grey Cloud was intended to require an Opticom (or a similar remote access system) fire -gate n N 7 0 0 77 a N IV L u�x C4 x uteri q4 q is Ceve[o�rnent Gold River Companies Inc_ REV�6�ON5 s� uift � stems r.scone.m.o�•ss w.d.vAnn or.•aoue, Isom e3�aes�o °°"'� . `a RM '°"' VALERI HEIGHTS PROPERTY OWNERS WITHIN 300' MASSENGALE ALFORD E & MAURREN 1115 N TEN MILE RD MERIDIAN ID 83642-5405 LAMUNYON GARY WADE & LAMUNYON CHERYL LYNN 1025 N TEN MILE RD MERIDIAN ID 83642-5405 MOSHER BETTY J 895 N TEN MILE RD MERIDIAN ID 83642-5405 EPISCOPAL CHURCH IN IDAHO INC PO BOX 936 BOISE ID 83701-0936 895 N TEN MILE RD SHAUL RODNEY D & SHAUL TAMARA N 775 N TEN MILE RD MERIDIAN ID 83642-5476 GRINC PO BOX 1064 MERIDIAN ID 83642-0000 1158 N CLARA AVE TAMAS BERT A & TAMAS CLAUDIA M 1125 N ROPER PL MERIDIAN ID 83642-0000 BLASER GLENN F MERIDIAN LAND DEV CO LLC PO BOX 3023 BOISE ID 83703-0000 1126 N CLARA AVE 1159 N CLARA AVE 2975 W FORECAST ST W PINE AVE 1020 N CLARA AVE 1074 N CLARA AVE ZIMMERMAN BRAD & ZIMMERMAN CHRISSY 1121 N ROPER PL MERIDIAN ID 83642-0000 THUNDER CREEK HOMEOWNERS ASSOC PO BOX 3023 BOISE ID 83703-0023 N TEN MILE RD 3101 W FORECAST ST 1166 N GRAY CLOUD WAY 1173 N LIGHTNING PL 1151 N LIGHTNING PL 1122 N GRAY CLOUD WAY 1121 N GRAY CLOUD WAY 1127 N LIGHTNING WAY 1178 N GRAY CLOUD WAY 1127 N LIGHTNING PL ASPEN REALTY INC 6933 EMERALD BOISE ID 83704-0000 1181 N GRAY CLOUD WAY HOME ART CORPORATION INC PO BOX 867 MERIDIAN ID 83642-0867 1120 N ROPER PL MOORE MATTHEW K & MOORE LEANNA D 2308 W SANTA CLARA DR MERIDIAN ID 83642-0000 1100 N CLARA AVE BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN ID 83642-1601 1101 N CLARA AVE GRIFFIN DAVXD & GRIFFIN D E H 2090 S COLE RD BOI ID 83709-0000 0 N GRAY CLOUD WAY DAROSA JULIE A FULLER DAVID S & 1162 N LIGHTING PL FULLER SHIRLEY A MERIDIAN ID 83642-2088 890 N TEN MILE RD MERIDIAN ID 83642-5404 MACOMB TIM J MACOMB SHELLEY M JEPSON BEN B JR & 1073 N CLARA AVE JEPSON NORMA J MERIDIAN ID 00008-3642 2820 W PINE AVE MERIDIAN ID 83642-5434 WALTHER REES J & WALTHER ANDREA K GARNER ANTHONY W & 1148 N LIGHTING PL GARNER TRACEY A MERIDIAN ID 83642-0000 680 N TEN MILE RD MERIDIAN ID 83642-0000 STEPHENSON RYAN D & STEPHENSON HEIDI ELLIOTT STEVEN K & 2832 W EBBTIDE CRT ELLIOTT KELLI R MERIDIAN ID 83642-0000 2985 W PINE AVE MERIDIAN ID 83642-5435 BRIGANTE GREGORY J & BRIGANTE CHERI D MUSGROVE LAWRENCE & 2833 W EBBTIDE CRT MUSGROVE THELMA L BOISE ID 83642-0000 2895 W PINE AVE MERIDIAN ID 83642-5435 HOLTON--HOMES---INC---_ 2895 W PINE AVE 1629 FRANKLIN RE .- E PINE AVE NAMPA ID- 83687-0000.- 1124 N LIGHTNING PL (CLc-tsco Gk:, Hck 5c {---,r n J -14 ITr 4- ---1, � H 1---' interoffice RECEIVED MEMORANDUM OCT 132000 CITY OF MERIDIAN CITY CLERK OFFICE To: William G. BerXubdivision From: Wm. F. Nichol Subject: Valeri HeightsBy: Valeri Welker/Gold River Companies File: AZ -00-06, PP -00-005, CUP -00-014 Date: October 13, 2000 Will: Please find attached the revised originals of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL for the annexation and zoning, preliminary plat and conditional use permit, in the above matter. Revisions were made pursuant to action of the Council at their September 19, 2000 meeting. The Findings will be on the Council's agenda for October 17, 2000 meeting. I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement for owner/developer's signature. Please disregard any previous AZ Findings and/or Development Agreements sent to your office in this matter, and replace with these new 10/03/00 documents. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of October 17, 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". 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. Apparently, Shari has not had time to review the Findings on the three applications, and since we did not have the September 19, 2000 minutes for review, there will possibly need to be revisions made to the Findings. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ZAW0rkVv1\Meridian 15360M\Valeri Heights AZ\Berg101300CUPAZPP.Mem Susan Wildwood, Chartered A ttom,a y -at -La w TRANSMITTED BY FACSIMILE - 887-4813 September 17, 2000 Mayor and Members of City Council City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: Valeri Heights Application by Vicki Welker (Gold River Properties, Inc.) Dear Mayor and Members of the Council, R O. Box 6502 Boise, ID ,53707 Office - 3&3-0390 Fax - 343-3756 I represent Vicki Welker (Gold River Properties, Inc.; hereinafter Ms. Welker) regarding the above referenced application. I am not able to attend the Council's meeting on September 19, and provide the following comments. Most important, Ms_ Welker appreciates the careful consideration by the City of this project and the opportunity to present additional information through the reconsideration process_ As the Council is aware, this project has copse before the City for consideration twice. In 1998/1999, it was a more ambitious project, which was denied That currently before the Council was initially a redesign in response to comments from that denial. The current project has undergone even further revision in response to the concerns raised during the hearings and at neighborhood meetings. At this point, Ms. Welker has made every reasonable effort to accommodate the request made by the neighbors and the City. It is my understanding that the public testimony portion of the hearing is closed except for questions that may be asked of Ms. Welker by Council Member Anderson who was not able to attend the final meetings. Absent or after such questioning, the Council is in the position of rendering a decision on this matter. Ms. Welker requests that in its deliberations, the Council keep in mind the SEP 17 '00 13:03 208 343 3756 PAGE.02 requirements of the Local Planning Act regarding approval and denial of permits: ... Whenever a governing board or zoning or planning and zoning commission grants or denies a permit, it shall specify: (a) the ordinance and standards used in evaluating the application. (b) the reasons for approval or deWal; and (c) the actions, if any, that the applicant could take to obtain a permit As noted above, Ms. Welker has made every reasonable effort to accommodate the requests made for modification of the project She has met with neighbors, carefully considered comments by individual Council Members and continually revised the project In addition to the revisions made at City Staff's requests, Ms. Welker has agreed to the following: • Installation of a traffic signal at Ten Mile Road and realignment of Pine Street • Redesign of the office building to snake the exterior more attractive • Restrictions on the type of businesses and hours of operation for the office building • Tiling of the Ten Mile Drain • Increased setbacks for garage buildings • Reduced the number of garage units to increase open space and landscaping • Installation of temporary sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church if permission can be obtained from the landowners • Reduction in the height of the apartment buildings ? • Restrict the right to make application for any additional increase in the allowed R15 density or change of use except what is allowed in the IO designation under conditional use for the office building • Make memberships in the Valeri Heights Home Owners' Association available to the neighbors of the Thunder Creek Subdivision • Continuing to work with neighbors regarding minor issues such as fencing, parties and other on-going activities in the project • Impact fees in the approximate amount of $173,242 - �- �,�, ?, It I understand that there is some question regarding how to require a subsequent developer to complete the project should Ms. Welker sell. This is addressed in the development agreement which would be executed by Ms. Welker. This agreement would be a condition of approval and would bind subsequent purchasers. SEP 17 '00 13:04 208 343 3756 PAGE.03 RECEIVEn OCT 0 2 2000 October 2, 2000 City o i.*l r i a i ci n City Clerk Office Mr. Bill Nichols, Attorney for the City of Meridian Tammy DeWeerd and Members of City Council; The findings of fact and conclusions of law for the Valeri Heights approval of annexation, rezone, preliminary plat and conditional use permit will be on the agenda for Tuesday, October 3, 2000. It was my desire to ask for reconsideration of the condition that requires the reduction of the two most northerly buildings to two-story, and therefore a reduction of eight units from the project. We prepared the attached computer drawings done in 3-D to show that a reduction in grading height would accomplish what we believed was intended by this condition. This subject had been discussed at length with the neighbors. The consensus of the neighbors was for the reduction in height by grading. The neighbors had the desire for the design integrity of the project to remain consistent and that all buildings look similar. We did not know that this item would come up after the hearing was closed and could not be discussed or explained in length if it was a problem. If there was a need in the mind of City Council to make the closest building two story, it is still unclear why the need for a reduction in units when they could easily be moved to the inside third story of other buildings without an affect on the neighbors. I have been informed that this item cannot be reconsidered without the requirement of an additional public hearing so I am not going to ask for that reconsideration. I attended the party for Skip Voss on Friday afternoon after I made that decision and informed planning and zoning staff of it. When I returned home, I received a phone call from a neighbor in the area of the project. He had also attended the party and had a discussion with Tammy DeWeerd and Shari Stiles about this condition. There seems to be some confusion as to what was intended. If you look at the minutes you will note the confusion also. As I understand it Tammy told this neighbor that it was her intention to drop only one building to two stories. Shari Stiles believes that it was the discussion she had with my engineer during the vote and the mention of eight units that caused the vote to end the way it did. Eight units would mean two buildings and therefore the problem. Apparently Shari stated that she was not going to inform me of this discrepancy because it wouldn't hurt me. I don't want to mis-interpret this statement, but it you understand anything about design integrity and the financial economics of any real estate development, eight units does most certainly affect me when comes to my ability to live up to the conditions placed on this project. The project has already been reduced by twenty-eight units and should not be further reduced to accommodate what the neighbors see when there are several other viable alternatives to accomplish that objective. I do therefore request that this condition be clarified based on the intent that Tammy DeWeerd had in mind. I do not want to unduly influence her in making it clear. It would simply be requested that the findings of fact and conclusions of law clarify her intent in how many buildings will be affected by the two story requirement and how many units, if any, will be lost. Thank you most sincerely for your time and consideration. GoRiver Companies, Inc. D (J4, Vicki Welker, President IL O 2 I -0000� 17-- 71- 7:K -ZIL �� M Mv I LA 0 D If, in spite of the efforts of Ms. Welker, the Council should vote to deny this project, the Council would be required to list the actions that Ms. Welker could take to obtain approval. if those actions could be performed by Ms. Welker now, we respectfully suggest that the project should be approved with those conditions and not denied. If the Council determines that it cannot approve the final project, it should nonetheless approve the annexation and zoning designations as requested because they are consistent with the City's overall land use objectives for this area. This latter decision would not be our choice, but at least allows Ms. Welker to go forward in redesigning the project knowing that the applications regarding zoning and annexation have been approved by the City. Very truly yours, ff%"p.q,W/�/505,E Susan Wildwood cc File; clients SEP 17 '00 13:04 208 343 3756 PAGE.04 Meridian City Council Meeting September 19, 2000 Page 14 Item 5. Resolution No. 339: Schedule of fees for Fall 2000 Classes by Parks and Recreation Department:: Corrie: Item No. 5 is Resolution No. 339. This is the schedule of fees for Fall 2000 Classes by Parks and Recreation Department. For the people in the audience, it sets up the fees for men's baseball league, Christmas Rubber Stamping Class, Parents / Child Tumbling Class, Three-year Old Tumbling Class, 12 and Older Tumbling Class and a beginning Boys' Gymnastics, beginning Girls' Gymnastics and Cheerleading. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: I move we approve Resolution 339 — schedule of fees for Fall 2000 Classes by the Parks and Recreation Department with suspension of rules. Bird: Second. Corrie: Motion made and seconded to approve Resolution No. 339 for the schedule of fees for the Fall Class of 2000. Any further discussion? Hearing none. Roll -call vote, please. Roll -call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 6. Continued Public Hearing from August 22, 2000: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L- O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Item 7. Continued Public Hearing from August 22, 2000: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Item 8. Continued Public Hearing from August 22, 2000: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Meridian City Council Meeting September 19, 2000 Page 15 Corrie: Item No. 6 is a continued public hearing from August 22, 2000. AZ 00- 006. Request for annexation and zoning of 12.73 acres from RT to LO and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road. I will open the continued public hearing at this time and we'll try to set a few ground rules here so we're not here all night going over a lot of the same thing we did for the last year and a half. This is primarily — we're trying to get one of the Council people that wasn't here at the last time to read the records, listen to the tapes and get brought up into the Council's agenda here. We need to review letters and testimonies and so forth. I will call on the City Attorney to kind of give us a little background on what we're looking for here and then I'll add a little bit extra to that and then we'll start with the staff to give us a brief run-down and then I'll go from there. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Can we continue these 6, 7 and 8 all at one time? Corrie: Oh, yes. Okay. Bird: It's all the same thing. Corrie: It's all together. One's the annexation and zoning, Preliminary Plat and Conditional Use Permit, so we'll do all this. Okay, Mr. Bird. Bill? Nichols: Thank you, Mr. Mayor and members of the Council. First, Mr. Mayor, I would ask that any additional written submissions which had been tendered to any of the Council members or the clerk up through this moment since the date of the last meeting be added to the record. Corrie: Mr. Bird, do you have any? Mrs. de Weerd? Some of these are going to be duplications. I think we all got them but we'll just turn them in and he can separate them. De Weerd Okay. Corrie: These, by the way — the Council has — each one has got these, so we're getting the same thing but we're giving them to the Clerk to stamp them and make sure that we've received them for him. Okay. Council, was there any personal interviews with anybody other than letters. You'll have to go through them. I need to go through one. I did have on September 14th at 3:00. It's a Thursday. I did meet with Shirley Fuller in my office and she wanted me to hear some of her side of the projects, so that was done in my office. Cheri? Meridian City Council Meeting September 19, 2000 Page 16 McCandless: I have had no more interviews. One other that came in today, I believe it was — we had a video and we need to run that for the Council. I don't know if the Council has seen it. I have. It takes about five minutes. Bill? Nichols: Mayor, members of the Council. I suggest that we do that before taking any additional testimony. The next item on my checklist here was for Councilman Anderson since he was not here at the beginning of the previous portion of this public hearing on the other date to disclose any ex parte contacts his had with any party to this development application and to describe who was there and what was said. I believe the other members of the Council have already taken care of that in terms of — they did it at the last meeting and also with regard to any subsequent contact since that date. Then I would expect after Councilman Anderson is done with the disclosure, he then can ask any questions of the staff or the applicant that he has and also ask him to state on the record what materials he has reviewed in preparation for tonight because I believe he's reviewed all the public record — the tapes and so forth. He needs to say that on the record. Then we can take additional testimony. My recommendation would be to the Mayor and Council that you take additional testimony primarily from those that have not testified before. Redundancy is not a virtue in these proceedings and I think there are ways of people that are here that agree with a particular point and show their support and not by clapping but I mean by — we know that traffic has been a concern in the previous testimony and they can be counted. There is some mechanism for doing that. We have — there are some who've testified before that believe they have new information to bring to the Council. I would recommend that the Mayor and Council to consider allowing up to five people who have testified before to bring that new information to you, whether they be proponents or opponents — five on each side, I guess you'd say. That way, someone who has testified before — if they have something new to say or new to bring, they can do that. I would also recommend that you stick to the three-minute time limit just like you did last time. Corrie: Okay. Is there any objection from the Council with the recommendation of the counselor? Bird: I have none. Corrie: I would like to reiterate two things. Try to keep it at three minutes for the new ones and the testimony. Keep the clapping and the shouting down whenever somebody agrees with them. That takes time and it doesn't do a whole lot up here. We're after facts and that's what we need. Okay, with that being said, I would like to have the tape that was been entered in — shown at this time, so City Clerk, if you'll do that for the Council. Bird: We get to watch TV. Meridian City Council Meeting September 19, 2000 Page 17 Corrie: Do you have that narrative too, so that when it shows what they're looking at — McCandless: It's in our packets. Corrie: Okay. What you're seeing here, Council, is filmed at Ten Mile and Franklin on September 15, 2000 at approximately 7:30 a.m. Ten Mile and Pine. Ten Mile and Linder, right. Okay. It's the wrong (inaudible). Okay this is the Ten Mile and Franklin. They've got it. Mr. Anderson. Anderson: Okay. First, I'd like to apologize to everybody for not being at the meetings I was supposed to be at. I wasn't told about them until I had already had other commitments before that. If I could have possibly been here, I would have. I am here tonight and I did hear some comments on the tape that this is a done deal. For those of you who have that opinion, I would like to state, as of tonight, I have not made up my mind. So I would appreciate it if you don't prejudge what I'm going to do before I actually make the decision. I would like to disclose — *** End of Side 1 *** Anderson: -- received or any conversations that I have had with anybody regarding this project, so I'll just — I sorted through my stack on Valeri Heights and it's pretty sizeable and I'll just start with the first one. The first one I have is dated March 9, 2000 from a Brett and Stephanie Nelson. The second one I have is from Colleen Calhoun and it is dated June 10, 2000. The third one is from a Tony and Tracy Garner and it's dated July 11, 2000 and I have one from a Jacqueline and Gordon Cooper, dated July 12, 2000. 1 have one from David Atkinson and Erma Atkinson and Jessica Atkinson dated July 15, 2000. 1 have a letter from Vicki Welker and Jeffrey Struther dated July 18, 2000. 1 have a letter from David Atkinson, Erma Atkinson and Jessica Atkinson dated August 11, 2000. 1 have a letter from Steve and Lynn Martin, dated September 12, 2000. 1 have a letter from Susan Wildwood, dated September 13, 2000. Then I have a couple of — it looked like a pre -made up Post -It note that somebody has filled out and one is from a Rodney Hall, dated September 11 th. One is from Anita and Marshall Townsend, dated September 12th. I have a Chelsea Ghasserani dated September 13th and I have one from Jacqueline and Gordon Cooper dated September 15th and a newspaper clipping that I read. Another one from Jacquelyn and Gordon Cooper, September 15th — signed the Meridians for Intelligent Growth, dated September 18th, Steve and Lynn Martin again on September 18th and a couple more of the Post -It notes from David Newman and that was on the 19th; Catherine Morton on the 19th; John Morton on the 19th; Marion Baxter on the 19th, David Wright — no comments on it on the 19th; Donna Reed on the 19th; P.J. Maltinotow (sic) on the 19th and a decal again with no comments on it on the 19th. In addition to those letters that I have received and read, I've had four phone conversations. One was after we denied the project Meridian City Council Meeting September 19, 2000 Page 18 the first time with Vicki Welker. She called me the next day after the Council meeting and asked if she could meet and discuss the reasons why we had turned the project down and I told her that I didn't feel really comfortable about meeting with her on that — that I didn't want to hear any particulars on the project or try to be persuaded that way. I did have a conversation with the City Attorney about and he explained that we do need to explain to developers when we turn down a project why we turned down their project. So I received a second phone call from Mrs. Welker and I did agree to meet with her and her representative, David Bailey. I met with fellow Councilperson Tammy de Weerd and we met with the developer and her representative to explain why we turned the project down. I relayed to her that my reasons for voting no on the project were very similar to a lot of the testimony that we had heard that night — concerns over traffic and the impact and the safety concerns for children being able to get to the school and adequate sidewalks. I was concerned about basically the design of the project and some of the density issues. As we relayed these issues, I instructed her — I said "In my opinion, you need to go back and you need to resolve several of these issues with the neighborhood and with the surrounding community there." Those were basically my walking orders to her is to try to work out these differences and resolve them. Later on I had a conversation with David Bailey, her representative where he just called to inform me what was being done to work out those issues and we didn't talk any specifics. It was simply to let me know dates that they had scheduled meetings with the homeowners and the surrounding neighborhood people. I had two conversations with him and they were all very similar to that — no specifics on the project. Recently, within about the last two or three weeks, I did have one phone conversation with Mr. Fuller, the owner of the property and we didn't really talk any specifics about the project. We actually talked about another city matter, so there was nothing there. Then I talked with a very nice lady on the phone, Chelsea Ghasserani. Who's Chelsea? Again, I told her that I could not talk any specifics on the project. Anything that she wanted to tell me, I needed to hear it in a public meeting so that all the Council members can hear it and everybody else can hear it so that I don't have any information that somebody else doesn't have. She respected my request and I appreciate that. That's the extent of all of my conversations and correspondences. I have listened to the tapes and I thank the Council and you people for those lovely tapes. It was entertaining driving back and forth to work each morning listening to those tapes. Some of it was kind of light hearted humor and some of it was kind of serious. I have listened to those and heard all the testimony that was given that evening. Corrie: Does staff have any comments at this point? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Meridian City Council Meeting September 19, 2000 Page 19 Anderson: I did have one other question that came up in the testimony. There was a question of the Fire Department and the developer about an island in the cul-de-sac and has that issue been worked out any? Bowers: Mayor Corrie, City Council members, Councilman Anderson. No, nothing has been discussed about that cul-de-sac or the driveway. Nobody has approached us on it. Corrie: Do you have any questions of anybody? Now, let's — the developer — do you have any new testimony in this tonight? Bailey: Mr. Mayor, Council members. My name is David Bailey. My address is 6417 Santa Cruz Drive in Boise. I don't have any new testimony to present and I'll be quick in the spirit of doing this. I just think that it's appropriate that I voice a couple of issues. It was my understanding when we left this meeting on July 22nd that the purpose of holding the vote off until this meeting was to allow Councilman Anderson the time to review the comments and ask questions associated with that. I got to be honest. I feel it is somewhat inappropriate to add additional testimony to the public hearing, and of course, that is your call to do that. I think that the reason was to wait for Councilman Anderson to be present in order to make the vote and not to allow the public the time to go recruit additional support for the cause. We've held this hearing. We've deferred the hearing. We've heard from people over a significant period of time and we've met with the neighbors as much as possible. Some of these people here, we haven't even seen before. They're going to come in here and testify to things that we had no opportunity to address. And we would, and we have. We think that several of the significant opponents to this project in the early part of the process have seen what we're doing and have changed sides. You've seen that in the testimony and in the previous hearings. I believe we could do the same thing with the rest of them. I just don't know when that point is going to stop, so I would like to make my point and answer any questions you might have. Answer any questions? Bird: I have none. Corrie: You will have the opportunity to answer some of the others that have come in here as last one. The point here is being made is that being a public testimony — a public hearing, anybody has a right to give testimony. If we don't, we cut it off — they can probably go to court and this thing could go on forever. am sure that everybody will be cooperative with this and not give us other than new testimony. What I'm going to do, and I think the counselor's suggestion is to have five people on either side to reiterate any new material that has come up, and if the people agree with it, we'll show of hands and what have you. We do need to do that to make it sure that we don't leave anybody's testimony that wants to testify in this case. I understand your side of it, but you've got to kind of bear with us on that. /"1 Meridian City Council Meeting September 19, 2000 Page 20 Bailey: Thank you very much, Mr. Mayor and Council members. Corrie: Let me show of hands anybody that hasn't testified before that wants absolutely new testimony. I don't want to hear the same thing over the traffic or what have you. Okay. So we've got one, two, three, four, five, six, probably seven, eight, nine, ten. Okay. If you haven't testified before, this is for the project at this time. If you have those, then we'll have you come up here. This is "for" the project first. Feierfeil: My name is Jennifer Feierfeil at 2723 Muskrat Avenue. I believe that Dave and Shirley as well as the project managers and everyone who has been included "for" the project has jumped over every hole that has been in front of them and every hoop also that you guys have asked them to go through. I know that it has been a long and drawn out process. Meridian is growing and it's not going to stop. Traffic is always going to be bad. It doesn't matter where you're at. The only thing that could help flow traffic better is also in the project would be that light. I just know that this project has had a lot of time and effort put into it and the next project if this one is be fine. The next project probably won't. The next City Council members might decide that it's the right thing. I just think that the neighbors that are surrounding the house and the lot aren't understanding how much time and effort and — I myself, not being a direct neighbor, being a niece and nephew of the Fullers have even attended the meetings — one held at the Meridian Library. It was one of the last neighborhood meetings that was held. Every member that was there — every person that was there — it was very productive and all the questions were answered and all their concerns were met. I just think this should go through based on the simple fact that everything has been taken care of and everything has been done properly by the Fullers and Vicki Walker and I think it should go through. Corrie: Thank you. Anyone else with testimony that hasn't done first? Calhoun: My name is John Calhoun. I live at 10111 Seneca, Boise. I've lived here in Meridian most of my life. I still own the property here on South Linder, which we lived there for over 27 years. These people that's — again, everything that comes up — if I had been again everything that comes up, they wouldn't be here in the first place. When I came to Meridian, the streets were dirt. Anyway, the Fullers have been good people. They've been good neighbors, hard workers and I think they deserve to get all the money they can for their property. It's impossible for a farmer to make any money on these small acres, especially. I've tried it, and several others have too. I thought the developer, as far as I'm concerned, what I was saying, has bent over backwards trying to meet all of the regulations to improve the recommendations you folks have recommended for — even put in over a half -mile of sidewalk, a stoplight at their expense and I don't know whether these people down there want that stoplight would be willing to pay for it themselves or not. I doubt it very much that they want the tax payers to Meridian City Council Meeting September 19, 2000 Page 21 pay for it and I think our taxes are terribly high anyway. But anyway, I'm "for" the project and I think it would be a good asset as a community as far as the plans that I've seen. I've seen them approve 110 acres or 1 acre down the road and another 74. Where's all that traffic going to go? There's going to be traffic, and I've never heard of Ada County, or anybody else going out and building a highway and then expecting the people to move out there. It's going to come after the people are there, whether they like it or not, until it gets to where they can't handle it and then they'll approve the roads. That's the only thing that I can see. I know that we all hate this traffic. We all hate these roads, I guess. I do. I hate (inaudible) like Jim Fuller when he developed all this Cherry Lane. That was all farm ground, you know. I hated to see all of these farms cut up into little housing lots, too, but it's going to happen. People has got to live somewhere. So I don't think we can stop the growth. We've got to make arrangements to improve the traffic flow as far as I'm concerned. I guess that is all I have to say. Corrie: Thank you, John. Anyone else? Fuller: Mayor, City Council members. My name is Vickie Fuller. I reside at 890 North Ten Mile. My parents are Shirley Fuller and Dave Fuller. I believe I speak for the younger generation right now and also for a lot of the high school people that are here tonight. I think it's very important for this development to come. It's not right to just — I know in the previous testimony — that the apartments — the neighbors don't like it because they are afraid of the younger generation coming in and living in these apartments. I don't think that's right at all. This is something very close to my heart and I think I speak with Keith Bird saying that the Fuller's have been jacked around long enough, and it's true. So that's all that I would like to say and I hope that you pass this tonight. Thank you. Corrie: Thank you, Vickie. Welker: Good evening. My name is Robert Welker. I live at 1203 Northwest 7th Street. I have lived my entire life in this town and when I grew up on West 7th Street, you could look across the street and there was nothing but fields. There was no traffic. Unfortunately, that's not the town we live in today. We could take to video that we looked at and we could go out four miles any direction away from that and find the same traffic. It's not this project that is going to make the traffic worse. I believe one of the Council members and the Mayor said last meeting that the traffic is a concern. I would defy you to find two or three projects that have ever had the streets equal to the traffic and in the project way. It just doesn't happen that way. People come in and then improvements are made. There didn't used to be a lot on the corner of 8th Street and Cherry Lane. Now there is. That didn't happen before the traffic improved. This project is looking at improving the area by a sidewalk and also improving by putting a light in at that area. Secondly, there is a — my last issue that I'd like to speak of is there was talk that if this project goes in, what's going to happen to the schools. Well, it's the same thing that's going to happen if the subdivision goes in a mile down. Meridian City Council Meeting September 19, 2000 Page 22 You increase the tax base and the schools have to go. It's part of the progress. I know people like looking out into fields and being able to see that, but if we did that back in 1961, Meridian would stop at West 7th Street. There wouldn't be a high school. There wouldn't be a junior high past that. The progress goes on and a lot of people's lives are enriched because of this. There's a lot of thought going into this project. It's got a business center in there. It goes along with the business center that started on the corner of Fairview and Ten Mile with Albertson's down there. It's been added to. Hoops have been jumped through for this. I would ask that you vote in favor of this. Thank you. Corrie: Thank you. Kerns: City Council members, my name is Amber Kerns. I reside at 1504 East Sherman. I think this is a great project. I can't believe all of the young people tonight. I know that they really didn't know about the project. The people that oppose it are out there handing out and saying "Say no." These people don't even know anything about it. I don't think that that's fair at all. I have already spoken to several of the students. They told me they had no clue that this was even going on. This was an assignment for them to come here. I went to Meridian High School. I think as far as the traffic goes, I mean, obviously — you have to have development before they better the roads. It's been stated before that there was a girl seen roller-blading along the road there. Well, now she could have sidewalks if this project gets approved to go there. There's all kinds of kids that go along there. Yes, it's a danger that they're going to get hit. Sidewalks are going to help prevent that. This is an excellent project. The Fullers are great people and I just hope that everybody continues to be adults about this. Corrie: Yes, sir. Strother: My name is Jeff Strother. I'm Vickie Welker's business partner in this matter. I understand questions have been raised about her capability of closing this deal if this is approved. The issue is not her ability, but it's my ability and I can assure you that I have the ability to close this deal. It will go through if this project is approved. The second point I would like to make is that I've looked at some of the transcripts and some of the remarks and these letters that have been submitted in opposition to this project. A lot of them focus on the undesirability of apartments because of crime and trash and what not. I'm a professional. I practiced law in Boise for 24 years. When I got out of school, started in an apartment. I started in an apartment because that was all I could afford. I was single at the time and could not afford to buy a house. I wasn't a tramp and I wasn't a crook and a drug dealer. I was just a young kid who had graduated from Law School and that's all he could pay for. Apartments are necessary to a city. They are necessary as a stepping stone from people who later buy homes and contribute significantly to the tax base. If you ignore those young people and I was one of them at one time. They don't have anyplace to Meridian City Council Meeting September 19, 2000 Page 23 live and they go elsewhere. That's one reason why this project should be approved. I am the guy who has paid all the bills on this thing. I am the guy who has authorized the commitments that have been made. I understand that those commitments are necessary and I hope that you understand that apartments are necessary for people like me to get started in life so that we can later become tax payers and contribute more meaningful to the community. Thank you. Corrie: Anyone else that has not testified before? Rady: Mr. Mayor and City Council. My name is Carrie Rady. I live at 2657 North Turnberry Way. When I came in here tonight, it was out of curiosity. I do developments mostly with Ada County and I'm sure you remember not too long ago, the moratoriums that were being put on non -farms. Those are what I work on. My son goes to Chaparral. I don't live very far from this and the one thing I am not hearing is personal property rights that the Fullers, who I don't know and never met — they have the right to sell their land. These farmers cannot make a living anymore, especially with small farms. If the developer has gone through and done everything that the ordinance has asked him to do, I think that it should be approved. That's even with my 10 -year old son riding his bike. There will be more traffic. There is traffic all over town. I think if you look at legally and there's ordinances put in place and if they've abided by all of those, then this should be passed. Corrie: Thank you. Anyone else that hasn't testified that is "for" it? Last chance. Now, if you have not testified against and you're not for it, you have three minutes and the first one step up and — this is "against" now. Bailey: Mr. Mayor, Council. I am Miller Bailey. I live at 1180 North Ten Mile Road. I am very much opposed to this subdivision because it has been inferred to me by Mr. Bailey — no relation and Vicki Welker that they had our approval, my approval that they could put a sidewalk in front of my home. In fact, Mr. Bailey stated and harassed me, I felt, about this situation so I did not talk with him any further. I told him I was absolutely against it. Because, for one thing, it would take out my well, perhaps, in front of my yard and a lot of trees. That's not the important thing — as the well. Then I have — I am adjacent to Thunder Creek Subdivision to the north. I have a letter from Rex Harrison to the City Council and he is to the north of my property. It says: Dear sirs, I have been told that the developers of Valeri Heights Subdivision are saying that the property owners along Ten Mile were in favor of putting a sidewalk across the front of their property. I have been contacted twice by them and each time I stated that I would be opposed to putting in the sidewalk. I remain opposed until ACHD secures the right-of-way and widens the roads in the proper manner. We feel very strongly about this and I hope you will consider our opinions coming from us rather than from another party." Would you like this letter from Mr. Harrison? Gallivan: My name is Nancy Gallivan and I am here on behalf of Stonehouse Evangelical Church that is at 1450 North Ten Mile Road here in Meridian. The Wma Meridian City Council Meeting September 19, 2000 Page 24 church pastor is out of town. I am the church secretary so he asked if I could come. I have a letter that is written to you. I'll just read a portion of the letter for the sake of time, but I'll give you the whole letter. It says — This is from Roy Filletti. "Vicki Welker contacted me early last summer about the Valeri Heights development and the proposed temporary sidewalk. She told me that Ada County Highway District would not be involved in the planned sidewalk. She also stated that it would probably be a temporary black top path that would not encroach upon our current property. I told her I would consider this but that all decisions must come through our board of trustees. I told her I would discuss it with them and that she could come and present it to them. I called her later to ask her how the neighborhood meeting went, but did not receive a returned call. am not sure how my conversation with Vicki has been represented to the City Council, but I want to make my position clear with this letter. I cannot make any decisions without the authority of my board of trustees. We have not met on the matter and Vicki has not presented her request to them. It is doubtful that they would support this at the current time until it is ACHD's requirement based on the need of increased traffic." We were told that it was reported that we were in favor it, but we hadn't given any consideration because we didn't know much about it, so we just asked if we could meet with them, hear more about it and then consider it. We were told that it had been reported that we were in favor of it, but we had not been given that information. Thank you. Corrie: Thank you. Atkinson: Mayor Corrie, City Council members. My name is Jessica Atkinson. I reside at 1124 North Lightning Place. I am adamantly opposed to this project for three main reason. The first one is the traffic. I get on the school bus at Forecast and Ten Mile each morning at 7:30. 1 have seen the traffic back up for a half -mile. Even with the promised traffic signal, Ten Mile and Pine Streets will still be two-lane roads. Traffic will still get backed up. The second one is the height of the buildings. It's not right for them to build three-story buildings which will look down to the backyards of our neighbors. Would you like someone to build three-story apartments next to your house? The third one is the schools. The schools. The schools are already over -crowded. I go to Meridian Middle School and it is over capacity. My brother goes to Chaparral Elementary and it was supposed to be less crowded with a new Peregrine Elementary opening, but Chaparral is still over capacity. Lastly, Mr. Fuller says he wants to be remembered for what he did with his property. If that was true, he would donate it to the City so that they could make a park. Thank you. Hochstetter: I'm Lynn Hochstetter. I live at 2495 North Tangent. Between my father and mother and myself, we have had about 100 years of apartment experience. I hear the gentleman. I understand people like I did it in an apartment so that I could get a house. Boise is right next door — plenty of apartments. They can still move into Meridian. I have also found that people living in apartments — too many are uninterested in the community — uninterested Meridian City Council Meeting September 19, 2000 Page 25 in what happens to the community. Robbers and thieves — they don't own houses especially if they deal drugs because they can lose their house. They don't care about an apartment. I've seen crime go up. I have apartments been built near my home in Reno and the crime went up — the shootings. The type of people that live in apartments — unfortunately not all of them are very nice and most of them can afford homes, thank goodness. I moved into this community because it was a community. It had homes and families and land and space. know we need to go into the future, but as you tell the children, we don't need to grow up that fast. Let's be young as long as we can. Adults — it is coming fast enough. Corrie: Anyone else? Yes, Sir. Tamas: Mr. Mayor, Councilmen. My name is Bert Tamas. I live at 1125 Roper, which is just out the back door of this apartment complex. You've heard all about the traffic. You've heard all about the crime and the whole nine yards. Well, it's there and I'm nervous. I'm not happy at all about this. I've talked to a lot of people. We sat up in front of Albertson's the other day. There was a lot of people that lived in the subdivisions around there that have never heard anything about this because it was not on the news, not in the newspapers and when we told them about it, they were all very mad about it. We've got — I don't know how many cards that people signed and I think it's Council that's supposed to go according to what the members of the community want — not what they want — not what they're going to get out of it if they have a business that could profit from this. If I found out in any way that any member on this Council does profit from something like this, I am going to do everything I can to have them impeached and voted off of the Council or whatever. They'll never sit on — I'm a voting member of Meridian and it's just not right that all of these people are against something like this and Council members vote good for it anyway. That's just ridiculous. Thank you, Sir. Corrie: Thank you. You've done good so far. Thank you. I appreciate it. Miller: Mayor and Council, my name is Jennifer Miller. I reside at 617 North Tidwell Way in Meridian. It's in the Merrywood Subdivision — kind of across from the high school. I hadn't really heard about any of this until a couple weeks ago. This is all new to me. I moved to Meridian about five years ago. We bought a house, our very first house with a four-year old little boy thinking we want to be settled so he has one school. He has changed schools three times and we haven't moved. The properties have just gone up and they're skyrocketing. The schools can't handle it. If they put a subdivision in, there would be less housing. There would be less children that were going to be involved. With apartments, the children are going to be just tons. My son was in Chaparral and now he is going to be in Peregrine. I just can't see how we can keep putting more and more developments in and how we can have children in schools that are so overcrowded that they have to learn in the hallways. I think we need to stop and Meridian City Council Meeting September 19, 2000 Page 26 think about where we are going to put the children in an apartment complex. Thank you. Long: Mayor and City Councilmen. I'm Lavon Long and I'm having a house built on the corner of Forsythe and Gray Cloud. 3030 will be the address. I moved here because of the traffic in California where I was out. I had a car come out of my front yard and this was teenagers that were living in apartments. I hadn't been moved in after I bought my home down there. I moved up here because it was a quiet neighborhood. My children were up here and this was what I expected. Then they told me about the apartments being built just about a block from where I am building my house now, which I am definitely opposed against. I have lived around apartment houses. I know what kind of people they bring in after awhile. I lived in an apartment house when I was first married. We have to start somewhere, but then some of the people gets a little bit rowdy. If the school goes in over at Nampa, we'll have those college kids over here. We'll have midnight parties on weekends. I've taken a survey and there is several senior citizens that live in this area. What are we going to do? We don't have money enough to sell out and buy a home somewhere else. I wish you would take a little bit consideration for us senior citizens and help us out some way. Don't vote for this deal, please. Thank you. Sprague : My name is Sarah Sprague, and I live at 998 West Newport. All of us teenagers back in the back — we just wanted to let you know that we do know what is going on. We've talked about this in our class and we have taken journals and we have done notes and we have studied what's going on. We do know. At least everyone I have talked to is against it. We just don't like the idea of all the traffic and our schools getting more crowded. We do have an opinion and we're not being persuaded. Just like when we walked up into the door. That's not when we made our opinions. We made it before we got here. Corrie: Thank you, Sarah. It's nice to hear that teachers have minds, too. Cartell: My name is Michael Cartell. I live at 3331 West Park Creek. When I got here tonight, I had no intentions of speaking and I just want to speak on one point. The point was made that the people who own this property have the right to make whatever they can possibly make off of this property. I agree with that. think what needs to be considered is what it does to the property value of everybody else around them. United States is a country that is run by and for the majority of the people. It seems like this would be something that would benefit a few number of people and hurt or impair a large number of people. It seems like it's fairly simple to do the numbers and to understand what the impact is on the public versus a number of individuals. Thank you. Corrie: Down here. You're next. Meridian City Council Meeting September 19, 2000 Page 27 Maldonado: Mayor and Council of Meridian, Idaho. My name is Pete J. Maldonado. I just moved over here from Denver, Colorado. It's been a year that I have been here now. I have got a wonderful place with a wonderful view. I oppose it because we have got so very little open land with everybody moving in. That's why I left from Denver. It was getting to congested — too much crime and traffic. I come here and I find a really nice place here and I enjoy it. I feel that more housing and people in here is just going to crowd the few open spots that we have, in which we'll induce more crime. Schools haven't got room for them and they're overcrowded as it is. That's all I have to say is just that I enjoy what I have. I have got good neighbors. Who knows what kind of neighbors we'd get if we put more people in here? Homan: Hello. My name is Bill Homan. I live at 3265 West Park Creek Drive. I didn't plan on speaking here tonight here, either. I didn't know much about this whole project until just recently. One of the things that concerned me that I heard someone brought up earlier tonight is that they're talking about progress. A little bit of history — I moved from my last house because there was an apartment complex built behind my property. I have recently talked to the person who bought my house and they are very unhappy about the living conditions they are in right now. We'll get into that. We talked about progress. Meridian is one of the best cities I have ever lived in my life. We all ought to be very proud of the city we live in. You can take a map like the one you have there and make it ten times as big and take a really good look at what Meridian looks like and why people move here. To me, it's a little bit more different city that I have ever lived in before. There's a lot of subdivisions around. People like living is subdivisions. We need to be conscious of that and continue that. We are making progress. There are places for people to live. We are not hindering process by not approving this apartment complex. As a matter of fact, we ought to develop more land for more people to build their homes. I think that some of the other things that we have to deal with — that's something that we need to look at. Thank you. Eberhardt: My name is Amy Eberhardt. I bought the house at 1150 Gray Cloud. I guess I don't have a lot to say. I just wanted to voice a couple of concerns. I am not opposed to apartments, per say, but I think there's plenty of other places in Meridian that apartments could be built — maybe closer to Boise. There's a lot of land that I've seen driving to work where they would be perfect — not right next to a subdivision where there are single-family homes. I am pretty disappointed that my street is going to be associated with the complex. I am not too crazy about my street being a thru-street. I have a four-year old daughter who I would like to have out front with me if I am working on my yard or something like that. We won't be able to do that. At least I won't feel comfortable doing that. We'll be stuck in the backyard all the time. I guess I just wanted to say that. I don't think it's the right spot for it and I think there's plenty of other places that apartments would be appropriate. Thank you. Meridian City Council Meeting September 19, 2000 Page 28 Corrie: Thank you, Amy. Corkill: I too, was not prepared to speak. My name is Katie Corkill, and I live at 1333 North Deer Creek in Parkside Creek Subdivision. After hearing a lot of the people speaking here tonight, I pretty much determined what my opinion would be in this matter. My father owns apartment complexes down in California, so I know first hand what does happen in the apartment complexes. It was a very nice complex when he bought it, but as things progressed in the Santa Rosa and Santa Clara area — he owns several. The growth expanded into those areas. The type of people that started moving in were more transient and they left damage to the apartments. They didn't care. They left without paying their rent. If we do allow the apartments and overcrowding of our schools, I have had two children here through your schools. I have one that's finishing high school. What's going to happen is with the overcrowding from the people that are renting, they do not contribute to our tax base. I am a homeowner. I am a taxpayer. I am supporting these public schools. I personally resent the fact that you will allow overcrowding in the schools from these apartment complexes where they will contribute nothing tax -wise to the schools because renters are not a tax face. So that's my argument for it and one other thing on crime, we live in the Parkside Creeks Subdivision which does have Fuller Park there. That is a beautiful park. I walk there all the time. My daughter roller -blades there and just recently in the past couple months I've noticed kids of maybe 16 to age 20 smoking pot and taking drugs down by the canal where the cows are right now. That really bothers me and so my concern is with the apartments being so close that eventually they will mainstream into our park that's in our subdivision and it will become the hangout. I can see selling of drugs and things like that occurring right there in my own beautiful subdivision. Parkside Creek is a family oriented subdivision. I love it there. It's the nicest subdivision I've ever lived in and I've lived in four. I don't want to move. I can tell you right now. If this passes, my house is going up for sale and I'm moving to Eagle. Thank you. Corrie: You've done a good job, yes. Glines: My name is Mark Glines. I am a resident of the Parkside Creek Development at 1267 North Sawcreek. I am also one of those despised people that moved here from California. I moved here for exactly for the same reason that you're trying to put forth on us tonight. My house was half a mile from attractive land that was earmarked for high-density housing because the powers around wanted more low-cost housing for low-cost jobs. They wanted it at this one piece of area because it was right next to a mass transit system. What it's done in San Jose has destroyed neighborhoods. It's destroyed traffic flows. We have more traffic driving through neighborhoods to get past the stoplights that they had to put in to control the traffic. You have not addressed the issues of this traffic light that may get put in. You need the complete access to Fairview, to Franklin, to Linden. You need all those accesses completed before you can add Meridian City Council Meeting September 19, 2000 Page 29 128 units. It has destroyed what was a very nice neighborhood very similar to the Parkside area when we've added first 120 units. Then — *** End of Side 2 *** Glines: -- who wants to get the best for the land he's had there so long. We do have one property owner on the other side of our development who owns 360 acres worth close to $500,000,000. He is of the mind that I thought many people of this valley were — and that is stewards of the land. He has fought and fought and fought City Hall to make sure his land, for perpetuity would never be developed. And it has been earmarked for open space and for a farm to educate the children. He chooses to leave a heritage behind. There's no heritage to a high-density property when there's plenty of opportunities in this valley to appropriately place that high density property. This area is a community of small neighborhoods — tracks of homes on 1/3 acre -'/4 acre. That's the way it should be. That's the way people who have moved here want it to be and their request should be honored. Corrie: Okay. Let me have a show of hands how many more we got, so we don't stand here until midnight. This is for "against". Jensen: My name is Rick Jensen. I live at 3720 West Pine in Meridian here. I am concerned about the dope smoking down by the ditch because those cows are in my pasture. I'm concerned of the drug effect of those livestock when I sell them. Growth is going to happen. We all know that it's going to take place and I think you people have a really hard decision as to determine what kind of growth is going to take place. It's a gamble, isn't it? Whether it's a subdivision or whether it's one level of apartments, two levels, three level apartments — high density and low density. It's all a gamble. There's nothing guaranteed as to whether any project is going to succeed or not. So what you do is you end up taking risks. You're taking chances. You're trying to gamble with informed decisions on making the best decision. I think by a project like this, high-density project that you've already heard testimony about from peoples' opinions and the increase in crime -related incidents that that's a higher risk and you're going to plot that project down right in between. If you just plot it on a map, it can't be anymore one distance to the high school than it is to the elementary school that's across the street. You're putting that risk of that taking place right in the middle of a real high-density of the people who are going to be the citizens of the future. These teen-age kids who are coming in and trying to express themselves and make a point. You are placing those people — I believe at Jeopardy when you take an informed risk on this type of project. I think there are other ways to go. I think that profits can be made. I think people can make money and we still move our community head in a sane planned and low-risk type of project. Thank you. Trampleasure: My name is Sharlene Trampleasure and I'm from the Cherry Lane Subdivision, 3565 West Tupaloe and I never planned to speak in public, so Meridian City Council Meeting September 19, 2000 Page 30 I'm really shocking myself to be here, so anyway — I love Meridian and we've been here for about eight years. As we've watched other cities grow and other places we've been, I think that it's really important we take very careful planning of where you put what, or else we end up with a hodge-podge of apartments and single dwelling homes that cause all of the problems that we've already talked about here today and businesses where we don't want to have businesses. I get concerned about the residents of that subdivision where the apartments are going to be just for the noise factor. We need to put that many people and that condensed area — you almost never have a nighttime where elderly people or even young people have time to even go to sleep. The noise — and I concern myself with the noise too. I don't think that we've even addressed that issue with the noise that will come from that many apartments and that many people that happen when you have apartments. I think another thing that you ought to take into consideration are the number of people that are here in support of a no -vote. I know this is after the fact, but the more people that hear, you're finding the more people that are against this whole issue. Now they're coming out to show you that they really don't want these apartments either. The one other issue that I thought of tonight as I've listened to the different testimonies, is there's obviously a lack of honesty in some of the reports that you've heard — talking about sidewalks and saying the people are in support of even that issue of building sidewalks down Ten Mile and you've heard reports from residents and they were not in support and didn't authorize to be told. Thank you. Egan: Hi. My name is John Egan and I live at 2258 Ebbtide near the affected area. Like pretty much everybody else, I wasn't planning on speaking either. About six years ago, I had the good fortune of moving to this area from Missoula, Montana and the greatest thing that attracted me to this area is it's possible to buy a house here. In Missoula, we're talking 65 —70 percent rental versus almost complete opposite ratio here. Rentals do — when you put that many people in a small area, it does increase traffic much quicker than it would single-family housing. Everybody here is speaking about how much they love Meridian and I think one of the biggest reasons is because so many people own homes here. They have a stake in the community, whereas with renters, you do not get that. What this community needs more of is affordable housing that you can — home ownership is far more desirable goal than apartment dwellings and I hate to see this area turn into another Missoula where people rent than own their homes. Thank you. Webb: My name is Darrell Webb. I live at 1128 North Roper. Basically just hearing everybody speak and hearing the comments, I don't have anything else to say, but more have a question. I don't know. Can that be done? Just about the process — when you guys decide this is a process of what the ordinance are to build, or are you guys making the decision to rezone this to allow those ordinances to start to take effect? I don't know who can fill that question. Meridian City Council Meeting September 19, 2000 Page 31 Corrie: Okay. What we're doing here is if we zoned and first off -- annexation and zoning and they're asking for an R-15 which would allow apartments. The next one would be the Preliminary Plat for what you see on the board here. The third would be a Conditional Use Permit. Webb: Is the zoning — I know there's a lot of personal feeling and objection. Is the zoning based on those comments or is the zoning based on meeting certain criteria and certain laws? Corrie: Meeting certain criteria — in other words, right now, It's RT, which is County. It's Regional Transit so if the Council approves the annexation and zoning it would be an R-15 and then they go from there. They have to have that zoning before they can go into that area. It's not if the Council says no, then they can come back with another zone or whatever the case may be. Webb: I guess my question is are they guaranteed to be zoned if they meet certain requirements? Corrie: Yes. If they were approved at R-15, that's the zone they have. I hope I'm answering your question. Webb: Well, it's like people are opposed. Does their opposition have any effect or is it just the laws that have already been made that are going to finalize this? Corrie: I think most of them that are objecting is because they don't want apartments there. That's what the zone would be. It doesn't necessarily mean it has to be apartments. You can have 15 houses to the acre in an R-15 as well. It would be smaller homes. Nichols: Mr. Mayor, members of the Council, if I may. The Comprehensive Plan designates various areas within what's known as the area of impact, which is outside the city limits, but within an area that the city has negotiated with Ada County as being likely to be developed in a 10 -year period. The Comprehensive Plan designates different portions of those undeveloped areas as a specific use. In this particular case, it's my understanding this area is on the Comprehensive Plan as it exists today — is designated as mixed residential use and Mrs. Stiles — it's not designated single-family residential — R-4 — it's designated as mixed residential use, so it can be a variety of uses within that area and that could include up to — could it not, Shari — up to an R-15 zone for mixed use? Stiles: It could. It's not specifically spelled out in the Comprehensive Plan, but it was intended for something other than strictly single-family residential there. Nichols: So, to answer your question, Mr. Webb, there is a Comprehensive Plan which was adopted back in 1993 which is currently under review for revision A Meridian City Council Meeting September 19, 2000 Page 32 because it has to be updated every so often and that's a projection in terms of where growth is going to go and what those anticipated uses would be. Webb: My next question, just for future reference — sorry to drag this out but for the people to have a say in how that Comprehensive Plan is setup, that goes before review, I'm imagining when it was — Nichols: Mr. Mayor and members of the Council, there will be public hearings with regard to the Comprehensive Plan. There have been open houses already with regard to the proposed Comprehensive Plan and the Draft Plan. All of that is the process before this body adopts it. Webb: I think my feeling was that for future reference for those that are here that are opposed, that they can take an earlier stand and kind of shape their community in the planning process before it actually comes to this point. Corrie: Okay. Anybody else. Okay. We have one more here. Myer: My name is Seth Myer. I live at 1122 North Roper Place and what I have are just a few quotes that I want to read to you. Some of them are from previous meetings and some of them are from people in the community. First of all, I wanted to give you this map and the area that I'm going to be talking about is this little triangular shape parcel right here. This is Pine and this is Ten Mile. This is the Valeri Heights Project is right here. Ben Jefferson's residence is right here so it's right next — Bird: That was the Eddie Project, wasn't it? Myer: That was the Eddie Project. Haven Cove no. 7. That was submitted in June of 1997. 1 am going to read you a lot of the same concerns. The reason I bring this up is because this is almost in the same location as that project was. It was a three -acre parcel. It wasn't twelve acres and they were proposing townhouses — two-story townhouses — not three-story apartments. I just want to touch on the few of the things that came out in those meetings. The meeting of June 18, 1997, Mr. Dave Fuller from 890 North Ten Mile in Meridian stated the following. "We would prefer single-family dwellings rather than townhomes. He also stated "I am already R4, but as soon as you let R-15 go here, it is going to go right on down the street. He also stated the traffic problems is something I believe Planning and Zoning and Ada County really needs to take a look at. Like I said, I have talked with the developer, and before you guys make any firm decisions, we would like to really push you hard on the R4 rather than the R-15." So here's a citizen of this area who was against an R-15 in right next door to him. The second thing I have is the Findings of Facts and Conclusion of Law. It was submitted by the Planning and Zoning after this first Planning and Zoning meeting and it states — this was on June 18, 1997. Again, I'm reading this. "The applicant is proposing the R-15 zone adjacent to existing residential property. While higher densities along major transportation corridors should be considered __. Meridian City Council Meeting September 19, 2000 Page 33 by the city, consideration must also be given to the existing residents. Buffering for this use will be hard to attain. On that particular project, the buffering that he's referring to is there was a canal, the eight -mile lateral was between the residential and that project, but that project had no streets connecting to the residential. The only street dumped directly onto Pine Avenue and I feel like the buffering for this is this is much more intrusive than that project was — also from the same Findings of Facts and Conclusion of Law, it states the following and I'm quoting again: "It is concluded that the development of the entire property as an R4 low-density residential district would be more compatible to the development and surrounding area. When they did take the vote on it on July 8, 1997, three of the four City Council people voted against the zoning of R-15 of that property. The only one person who voted for it was Mr. Borup and I don't know why he voted for it, but perhaps those of you who know him would understand why he did. The only other information I have to present are Items concerning the ACHD. The ACHD letter dated August 15, 2000, Point No. 2, Letter C states "prior to any construction, all street improvements must be completed to the satisfaction of the ACHD or a surety agreement must be executed. There is no guarantee that a surety agreement will be executed." In other words, street improvements are not guaranteed to happen. Also, ACHD sites specific requirements Page 6, No. 3, Letter D. states Pine Street shall be paved back a minimum of 50 feet from Ten Mile Road." On page 6 of the August 22 City Council minutes, Mr. Bailey stated " They, the Episcopal Church, are willing to accept a proposal from us on that. However, there is no evidence of an accepted proposal from the Episcopal Church. There is no guarantee that Pine could be extended to allow for a full intersection which would allow the placement of a traffic light. Also, in an ACHD Planning and Development Report, page 1, first paragraph stated: "This development is estimated to generate 1320 additional vehicle trips per day." In other words, this will only make the traffic problems worse. Also, this has already been covered about the sidewalk, but I need to read this also. ACHD Planning and Development Report Facts and Findings Letter P states: "All off-site sidewalk should be located to match existing improvements, 41 feet from center line to near edge of a sidewalk and will be constructed at the developer's expense." Also, Brian Harris, ACHD Public Relations Manager states "Sidewalk on Ten Mile to Cherry Lane will be constructed to its ultimate location as if Ten Mile was a four -lane road." The Meridian City Council minutes dated August 22, 2000, page seven, Mr. Bailey states: "As of right now, we have verbal agreement of all but two of the property owners on the east side of Ten Mile Road to extend that sidewalk." That is the quote. If they don't wish to sell it this time, ACHD will accept an easement from those property owners in order to construct that sidewalk. That's all at the cost of the developer. This is what Mr. Bailey stated. However, in a conversation with an ACHD representative, we learned that ACHD will not condemn and take over the property on Ten Mile to force the construction of a sidewalk. There are four property owners on Ten Mile whose property would be effected. Rex and Elma Harrison, which you have heard a letter by them — Miller Bailey — you've heard her personal testimony. Greta Hewitt and Pastor Roy Filletti — they all Meridian City Council Meetinv"41 September 19, 2000 Page 34 emphatically deny ever giving verbal agreement allowing the installation of a sidewalk on their property. Furthermore, they express at this point to being misled to think the sidewalk would be constructed adjacent to the existing lanes on Ten Mile rather than 20 feet into their property as required by ACHD. In conclusion, as of this afternoon, the changes promised at the neighborhood meetings have not been followed through. Therefore, it is apparent that a surety agreement or a letter of intent addressed to the concerned residents dealing with these issues has not been a priority to the developer. We are concerned that the intentions of the developer may not be as sincere as they have been put forth. Thank you. Corrie: Anyone else that hasn't testified before? Nelson: Council members, my name is Marion Nelson. I reside at 3295 Falcon Run. I was born in this town. I have lived in this town in the same house my entire life and I'd just like to say that there has been three subdivisions go up around my house — one including a rent trailer home thing that didn't succeed because of too many complaints by the neighbors and so forth and I feel that if those kind of things can't make it where I live. I live between Victory and Amity Road in Eagle. This apartment complex can't make the residents happy if it's close to an overcrowded school already. I feel that if the developer would like to bring this kind of thing in, that's fine, but I think that he should build this for the coming students. Right now, Meridian High School — I go there every day. It's so crowded. I get claustrophobic in the hallways. It's horrible. I feel that a school should be built before a developer can make an apartment complex that will bring more students in. It's just absurd that this would be allowed when our community needs so many other things instead of more people at the current moment. Thank you. Corrie: Thank you. Anyone else? Atkinson: Mr. Mayor, Council members. My name is David Atkinson. I live at 1124 North Lightning Place. I'm a little nervous so you'll have to excuse me. I'm not a public speaker, but I've been involved in this and followed this project since well over a year ago. The majority of those in support of this project stand to gain financially from your approval of this project. Many of those supporters will be gone from this area if you approve this project. The majority of those opposed to this project are residents who plan to be here for a long time. We have to live with the decisions you make tonight. Our petition, last Spring, had over 300 signatures from residents who live in adjacent subdivisions. Mr. Fuller's new petition that has been submitted and we reviewed — if you'll look closely, it's signed by few local residents and a lot of people who do not even live in Meridian. Mrs. de Weerd, I wanted to address an issue from the last meeting where it appeared that you felt there was a consensus with the developer and people that lived in the subdivisions next to it. There was not a consensus. I've never heard any hard facts, any hard numbers of who was for or against this r Meridian City Council Meetir September 19, 2000 Page 35 from those meetings. I applaud them for meeting with us. I think that was very big of them. I think that Mr. Bailey and Mrs. Walker were very good to do that and — but there are issues that they were not willing to budge on. Nothing personal to Mrs. Welker, but how do developers be held accountable? If they come in and promise things, they can't come back and give variances for those promises, changes to those situations without very much input from us if they've already got their project rolling. So, there is now confusion over an area where the traffic light would go in at Pine Lane and quite possibly who owns that area of land. That puts that entire street light — traffic light in jeopardy because there is a lot of confusion. Some of this has been brought up also before. There is confusion over who will and who will not allow sidewalks to be put in. Without those sidewalks, Valeri Heights is an island with sidewalks connecting to nowhere. Residents including children will be walking in already overburdened roadways. There has been no specific number, as you pointed out in the last meeting, Mrs. de Weerd, as to how deep those buildings can be sunk from that consensus from those meetings with the neighbors. We've heard no hard numbers, no promises and seen nothing in writing what they can and can't do. There was confusion over whether the Fire Department could access that. I think Mr. Bowers addressed that earlier, so that's not an issue. What recourse will adjacent subdivisions have if apartment buildings are built and promised privacy is not there. What recourse does the City of Meridian have if you grant approval and the developer cannot put in the traffic signal and sidewalks. What if they get into this and say, "Gosh, we can't do this any longer." They need to have those approvals prior to that and I don't see where those approvals have even been reached or bargained or however you would like to call that. Corrie: Three minutes are up. Thank you. Anyone else that has not testified that wants to do it? Ferner: My name is Roger Ferner. I'm currently residing at 2947 West Willard Street, which is the home of my son. We are property owners of a plot at 4078 West Teeter and we're currently constructing a home which was to be finished in about a month to a month and a half. We're concerned about the added traffic. My son's home is close to the proposed project and he's concerned about the extra traffic and so forth that will generate for him because he's closest. We'll also see more traffic in our neighborhood as well as along Ten Mile and so forth. We would urge you — myself, my wife and my son to not approve the R-15 zone for this particular project. I think we need to keep the density down in this neighborhood. Thank you. Corrie: Anyone else at this point? Council, do you want to take a five-minute break and then come back to the — we'll have the — we have five people that have already testified — five on each side. Then we'll have the developer answer any questions that might have come up on the other testimony tonight? Bird: Do you want to take a break, Mayor? Meridian City Council Meetir September 19, 2000 Page 36 Corrie: It's up to you. Bird: I move we take a ten-minute break and come back at ten 'til. Anderson: Second. Corrie: Motion made and seconded. (Meeting reconvened at 9:47 p.m.) Corrie: As I mentioned earlier, we'll take five from each side that may have any new testimony that they want to bring in or otherwise — limited to three minutes and then we'll have the developer answer any questions that may have come up from the testimony. Okay. We have — I need five hands of who wants to talk "in favor" of this. Okay. We've got one. Okay. Steve, first on the four — Bravo: My name is Steve Bravo. I reside at 3715 West Pine. I've been following this pretty close. Initially, like I said before, I was against it, but hearing all of the testimony, I just can't help but feel that most of this boils down to "not in my backyard." These complexes and these subdivisions are going to keep coming. They're not going to — we're not going to be able to stop them. I don't think it's right to have the attitude of "not in my backyard." We're going to have to play catch-up with the roads. We understand that. We got a chance here to get a little bit of help. Down the road, we're going to get a little more tax base to the City without homeowners' exemption, so it's better than homes going in as far as income to the City. It's more efficient use of the city services — sewers, water — things like that and I just think it's something that you guys got to let go through. I think it's just going to help in that area of town. A lot of my neighbors don't like the idea, but I'm looking forward to getting some of the services that will come with it and save trips into town. Being a business owner, it's going to bring more people — maybe help my business. It's a little selfish, but that's what we're here for is to make a living. The old days are gone. I didn't like it when the subdivisions went in. I've lived here for 25 years. I've got subdivisions all around me. That's progress, folks. I'll have to move farther out or something, but the land value is going to stay up there with the development going in. I don't think it's going to harm these houses — short-term, possibly but long term — I don't think it's going to have a detrimental effect to the people that already own houses. It's helped my property value with their developments coming in and I just feel that we ought to let it go and bring it on. Corrie: Anyone else? Fuller: I wasn't going to speak tonight, either because I thought I had a pretty good presentation last time, but I've been watching a little bit on the news — some of the theatrics, so I thought I would add just a little bit tonight and I kind of Meridian City Council Meetir� September 19, 2000 Page 37 apologize for that, but my daughter is a pretty sweet gal. What I've noticed on — what people and this whole community — not just Meridian, but in the whole Treasure Valley — the big issue from the people that have been here for quite a while is the traffic. In this project, we're trying to do something to help with the traffic. You can't solve it all, but we're trying to help with it. The second biggest number one complaint was the newcomers from the old folks that have been here. The second newcomers are the complaint. We've heard an awful lot from newcomers tonight. I'll tell you what. This gal here with the private — what happened to her? Anyway, she has moved. The property owners have rights, too and this does come down to the law. Everybody has got an opinion, but it comes down to the law when it's right basically there. We're not trying to do anything to hurt the neighbors, but I'll tell you what. If it doesn't go, we've got some new planned advancements on our farm that they're not going to be happy with and Ron probably won't be happy smelling them, either. We've already checked with the County, and we're allowed a lot of hogs and we're going to bring them in. It's not retaliatory. We're just going to try and make a business out of it. If you don't like it, maybe you'll vote for the people instead of the hogs. This Wal-Mart deal that we've all been watching in the news — 1200 signatures against that. Talk to me about ridiculous. That property was already zoned commercial. Yes, it was a different type of commercial, but it passed. It shows you that you have got to work hard and there's a lot of opinion and a lot of opposition. Keith Borup of Planning and Zoning — he told them to bring on 2000 signatures. Well, they've been out there working hard. They've got a lot of signatures and they've got a lot of opposition. But is the opposition — is it really going to help? If you accept the opposition on the traffic and on what their feelings are and on the newcomers coming in, what does that opposition do to me by downing this project and affecting my legal rights? I own the property. I have a right to build on it. All we're trying to do is work with the City on it and do what we can for the City. Now, I've been — my wife's been down there, Tammy. We're going to be down there again. If this doesn't pass, we're going to go for commercial. I don't care how many years it takes to go for it. We're going to go for it because we're not going to fight all these neighbors again over these apartments. It's just plain stupid. You guys are setting up the base here, and we're trying to follow it. As far as the Bailey or Harrison on the sidewalk issue, no, they don't want the sidewalk there. But I talked to Harrison. He said, "Dave, that's your property. Build whatever you want to on it." I said, "Well, what about the sidewalk?" He said, "Well, as long as it's on the County right-of-way, I haven't got anything to say about it. But I do want money out of that County when they come through and they put the regular relation in. You've heard a lot of stuff tonight about lies and dishonesty. Most of it is coming from the opposition. Crime ---hey have no proof there's going to be all kinds of crime. As a matter of fact, the police patrol that area right now in the County. Cars going by there all the time— police cars because it's the loop. It should be in the city. That development — they're already there within a minute's notice to protect or to have any calls. So they're already patrolling it. You talk about crime and I don't believe crime is the issue. More people — more crime no matter where you put Meridian City Council Meetir� September 19, 2000 Page 38 them. I'm not going to get into it too much, but like the other gentleman mentioned, you've already talked about a couple hundred acres west of me. Shari, you mentioned this was too far out. That's just plain ridiculous. You're letting them go miles beyond Black Cat. It's not too far out. Let's the inner core and do it with a good project. If you are going to have them 400 more cars or 400 more homes there and they're going to travel right down there by me to the high school. You're not doing anything to fix that dangerous corner and here we're trying to do something with it. I just mentioned to Mr. Anderson that yes, I did vote against Mr. Blaser's townhouses a few years back or however long it's been. If you look at the map, that's our single-family — white — on the map, it's single-family. It wasn't mixed use or mixed -residential or anything else. It was single-family. If you would have held neighborhood meetings and said, "Hey, we'd like to change this." Maybe he could have made some headway and done something with that — changing it. He never held no neighborhood meetings. You guys could have walked over me on that by saying, "Hey, I was just one testimony. I didn't run around the neighborhood putting up banners saying to stop this or that." The school bond was tonight. I am pretty sure it's passed. This school issue is a done deal, man. We're going to build new schools, so I don't want this project denied because of schools. I'm tired of hearing that. Discrimination — you've heard — one more sentence. Former apartment dwellers — they've testified up here that they've been in apartments and they're testifying against themselves on discrimination. I tell you, it's pretty disheartening. Have a good night. Corrie: Anyone else? They've got three more. Three minutes. Marquesi: Michael Marquesi. I am with Summit Real Estate Services and I just want to cast a vote towards renters — that's my profession. I've managed apartments for 20 years. There are professional ways to manage apartment buildings where you don't attract crime — where you can screen residents out. I know you've heard this before, but it's kind of rebuttal to what's been said that the sense that every renter is going to be overcrowding and a bad resident and not a good neighbor and that renters aren't taxpayers. Of course you know that the owner is a taxpayer and where does he get his money? He gets it from the rent from the people that live there. That didn't fly either. There are multi -family crime -free programs. There are neighborhood watch programs. There are plenty of ways to professionally manage apartment buildings. I've done that for many years. I managed the Aspen Hills Apartments — 120 units here in Meridian. I just kind of want to cast a vote. I am a renter myself and so renters aren't all bad people. I am sure you know that and I just felt kind of rebut some of the statements that were made. Thank you. Kerns: My name is Amber Kerns. I'd like to say that I am a renter. It sounds to me like there has been a lot of discrimination on renters. The apartment complex that I lived in was in Boise. It was Parkwood Apartments. It is the most quiet — it's more quiet than the neighborhood that I live in now. There is a professional Meridian City Council Meetir� September 19, 2000 Page 39 way to run apartments. It has been stated before that it's very easy to buy a house now. Not everybody has to rent. Well, I'm 22 years old. Do you expect me to go out and buy a house? I have tried. It's really hard and I have a very good paying job. I just haven't been able to do it yet. You can't expect people my age to just live with their parents until they can buy a home. It's just impossible for young people today — I mean houses start at $90,000 and go on up and you expect us to just be able to go out and start purchasing. Well, then, you know all of us young people are going to be claiming bankruptcy because we can't afford it. Meridian is a very good town to live in. That's why a lot of people are coming here. I personally would rather live in Meridian than Boise or Nampa and I would rather rent just because that's what I can afford right now. Thanks. Corrie: One more. Calhoun: My name is Colleen Calhoun. I am working with the Fullers on the sale of their place but that is not my only motivation. I have lived in Meridian for over 30 years. I still own numerous properties in Meridian and I have rentals in Meridian. I am pretty well versed on the whole go -around on it. I kind of take objection to anyone looking down their nose at renters. I've had some renters that have lived in properties for eight years and have been excellent renters. They've got some of the best looking yards and the best kept houses in the whole neighborhood that they live in. I think it's really discrimination. They need a place to live for whatever their reason. It doesn't have to be that they can't afford a house. It can be just choice and they should have that choice. A lot of people love to live in Meridian and there isn't enough jobs in Meridian to put all of these Meridian people to work. They have to drive to Boise. But how many of these people that came from California, Colorado and so on and so forth that they bring their kids and their cars — you know. We have got to make room on the roads and we're going to have to make it whether these apartments go in or not. The videos that we have shown tonight — it has to be done. This will help the road in the interim. Thank you. Corrie: Okay. We've got five for the against. Ghasserani: Mr. Mayor and City Council members. I am here tonight not threatening you. I am here as a concerned citizen. I'm Chelsea Ghasserani, Haven Cove Subdivision. Unfortunately, we're a little out of order due to the restrictions put on us, so we hopefully will present this presentation as best as possible. We've spent hours and hours trying to let our community know that we felt our community had the right to know about this project. It was not theatrics. We were not trying to upset any people involved in this project. The information was simply that — information that we were trying to let our neighbors know. I think we've been well represented tonight. I'm here tonight representing the Meridians for Intelligent Growth. My challenge to you tonight is not only to hear our words, but listen to the issues that we have addressed. From the first paragraph of the City of Meridian Comprehensive Plan 2000, it states, and I Meridian City Council Meetir September 19, 2000 Page 40 quote: "The purpose of the City of Meridian's Comprehensive Plan is to integrate the concerns and the expressions of the community into a document that recommends how a city should grow and develop in order to maintain its small town character and charm. Please understand that we are not opposed to the growth in Meridian — specifically apartments. As other people have stated, we feel that there are better places for them. We support completely Mr. Fuller's desire to sell his property. We did not feel at the time we became a coalition that they were approachable. However, the project proposed for this location will not improve our traffic situation. It will not make our streets safer for our children. It will not enhance our community, and in conclusion, this project will not provide intelligent growth in Meridian. Clark: Hi. My name is Jody Clark, and I reside in the Haven Cove Subdivision which is near where this proposed project is going to be placed. I am up here in regards to a lot of us here tonight on the traffic issue and I'm not up here to repeat a lot of information, but instead give you a lot of facts and figures that we actually came up with to prove that there is a major traffic issue going on. The traffic and surrounding areas of Meridian that would be generated from Valeri Heights Project is of great concern to many of us here tonight. The streets that we've talked about — Ten Mile, Franklin, Linder and Pine in Meridian already have difficulty handling the capacity of traffic due to the major unplanned growth of our community. This additional proposed growth from Valeri Heights will create 134 dwelling units plus 26,000 square feet of commercial office space on the 12.73 acres. This means that there was an estimated 420 cars that would be in addition to that project. Coming up with a number of 1,455 car trips additional in that area. So that's 1,455 additional car trips just from this proposed project alone. These streets aren't equipped to handle the additional volume that Valeri Heights would create. Some of the facts and figures that I have come up with were from ACHD reports. In August of 1997, ACHD conducted the following traffic survey. In August of 1997, there was a proposed 6,072 cars that traveled on Ten Mile Road. Just in November of 1999, they did a repeat more current updated study. That was increased to 8,551 cars traveled over that area per day. In the two years alone, that's an additional 2,479 cars just on Ten Mile alone. They also have another additional study on Pine Avenue, which was done again in August of 1997. This was 1,838 cars per day traveled in that area compared to a more current updated traffic survey, which was done on January 6th. That survey showed 4,678 cars per day. Again, if you do the difference, it's 2,840 more additional cars in the two-year period alone. Let me remind you that these traffic studies were done while Meridian High School was out of session. There's approximately 2,100 students that go to Meridian High School plus additional staff. All that traffic that concurs through that time was not included from the Meridian High School students. That's basically everything else. There was also a separate traffic study that was done for Valeri Heights project by Dobie Engineering. In that study, he sites, from the COMPASS Forecast study that was done in 1985 for the protected future traffic — the following traffic r Meridian City Council Meetir September 19, 2000 Page 41 projections were stated: On Ten Mile Road, they estimated by the year 2005 that we'd have -- *** End of Side 3 *** Clark: -- during that time. But, in fact, the actual study they did was 8,551 which goes to show that we have already exceeded the 2005 traffic projection and that's not including this project. The same traffic study done by Dobie Engineering, he sites that Valeri Heights Development will generate the 1,455 new car trips. He states alone that left -turning traffic exiting to Pine Street will experience severe delays. Everybody keeps talking about the streetlight improving things. Well, we have quoted here, in a letter, too that they have set the addition of dedicated left -turn lanes will improve this condition. We're not talking about putting in turn lanes. All they're talking about is a light, so it's not going to improve. The intersection of — Corrie: Jody. Clark: Basically, I'm wrapping it up. You've seen the videos. I also have additional pictures that document all the traffic if you guys would like to see these. This project will just complicate current congestion that we already have and pose many safety issues. It's the main intersection for entrance to Chaparral. Meridian High School is near. There is no sidewalks and all that so -- Thank you. Would you guys like these pictures? Corrie: They'll become ours, so unless you want — Dailey: Members of the Council, my name is Chris Dailey (sic). I live at 1167 North Gray Cloud. One of the things that I wanted to touch on just briefly was some information that I came across when working with the Police Department of Meridian trying to get some information based on the amount of traffic that's in this area and what that really means. Based on just a one-month pulling period, there's a — between the combination of citations, violations and traffic accidents, there's a total of 137 instances in a 31 -day period. If you average that out, that's a little over four per day. Those accidents total about one per week. That's with the existing congestion that we have today. There have been some statements made that if we build it, ACHD will come in and fix it. However, I see a problem to that. That is that if we increase the traffic in that area, we only increase the probability of a serious traffic accident for the residents, the school students and those that live around in that area. I think that through a process of this development, it could hinder and stop some intended progress to increase the roads prior to coming in. I don't know how the whole process works, but I would appreciate you taking that into consideration on your vote tonight. Eberhardt: City Council, my name is Devin Eberhardt. I reside at 1150 Gray Cloud in Meridian. First I would like to rebut a statement made by a young lady Meridian City Council Meetir September 19, 2000 Page 42 "in favor" of this project. Up until a few months ago, I was 22 years old. Now I'm 23. 1 own my own home in the Thunder Creek Subdivision. Schools — everybody has talked about overcrowding so I won't go too much into that, but in past meetings, the Valeri Heights Project has been compared to the Aspen Hills Apartment Complex by the developer. Aspen Hills Apartment Complex on James Court in Meridian — it has a total of 120 units. Just to give you a breakdown as to how many children — if it has a 48 -unit one -bedroom apartments — it has 60 two-bedroom and 12 three-bedroom. Now if there were one child per two-bedroom apartment and two children per three-bedroom apartment. That would be a total of 84 children. Now, you go to the Valeri Heights Project and it has 18 single apartments. It has 82 two-bedroom and it has 36 three -bedrooms. So if you go by the same numbers, you get 82 children in the two -bedrooms and you get 72 in the three -bedrooms, which is a total of 154 children adding right there on that corner with that commercial development with the traffic as it is with no guarantees of sidewalks being put in at all until the widening of Ten Mile is taking place and ACHD provides the sidewalks for Ten Mile. That's all I have. Thank you. Corrie: Thank you. One more. Martin: My name is Steven Martin. I live at 2885 West Forecast Street, just north of the development. My first presentation to the Council is 103 cards, Mr. Mayor. The consensus of the people signing these cards aren't necessarily those that have previously signed petitions. We have over 95 percent of the people signing those cards as non -signing anything prior before. Each person that we talked to signing these cards would like to go on record that that card be submitted as a legal letter — not just a petition. In statistics again tonight, we have over 203 people signing the opposing record book. You have 103 cards. You have 100 people here tonight in addition to the cards. You have 27 people that signed in tonight only "in favor" of this project and five undecided. I'm not normally a closer, but I will give it my best shot. We are not against growth. We are in favor of intelligent growth. The one thing that has come positive out of this development is the fact that the Meridian residents have now consolidated and made a coalition. What you have seen tonight will just be a beginning. We will then be at the Comprehensive Plan at Planning and Zoning and we will continue this process. And I say again, if one thing positive has come out, this is what it is. We have banned together. We have created what you now call Meridians for Intelligent Growth and you have not seen the last of us. The third thing that we'd like to talk about is honesty. Mr. Anderson has sustained his vote for basic issues that would be addressed. I did not receive a notice for the first town hall meeting. I did not receive a notice for the second town hall meeting. I went by word of mouth. I can honestly tell you from the meeting that I attended, not all issues wanted to be heard by us residents. As you heard tonight and I don't want to repeat it again, there are five landowners north on Ten Mile and you've heard from three of them. We have written confirmation from the fourth. There is Meridian City Council Meetir September 19, 2000 Page 43 not going to be a sidewalk authorized by these owners. We are not against growth. This project is not in the right location. Thank you very much. Corrie: Thank you, Steve. Council, any questions of anybody? Yes, the developer. My apologies, Mr. Bailey. Bailey: Mr. Mayor, Council members. David Bailey again. I think we had to clear up the issue of the sidewalks and I'll go through the history of that so that we can discuss what we talked about on the sidewalks. When we met with the neighbors, we talked about several different issues and several different ways to provide pedestrian traffic up Ten Mile Road. The neighbor suggested that a sidewalk would be good. Among a group of things that they suggested, I thought we were as honest as possible in telling the neighbors that there are some things we can do and some things that we can't do. The things that we can't do — if we could try to do them, we would try to do them. What we specifically told them in that meeting is that we would ask the neighbors if it was possible to put a sidewalk on the east side of Ten Mile Road going to Cherry Lane. We went out and talked to the neighbors. I can't say "we" because I did not do it. I had a discussion with Millie Bailey — Mrs. Bailey and I apologized to her outside and she didn't accept my apology. She thought I harassed her on the phone and I certainly didn't intend to do that. I asked her some issues about how we could move that sidewalk and how we could make it work. Vicki Welker had informed me that she had talked to the rest of the neighbors and that the rest of the neighbors were open to it. This is my fault in not doing the research on this and finding out exactly who and asking the questions, but she had talked to the neighbors and felt very good except for Mrs. Bailey and another gentleman who said that he would not let us build a sidewalk unless ACHD bought the right-of- way. When I made my statement in the meeting, that as of right now, there's a verbal agreement. All but two of the property owners on the east side of Ten Mile Road to extend the sidewalk on the east side of Ten Mile. It was my impression that that was the truth and I understand that it was the truth when I said that to you and that's reading right out of the minutes here. ACHD had approved purchasing that right-of-way with funds from the Ada County Highway District. We don't have this all locked up. We don't have a lot of things all locked up on this project and I challenge you to find any developer who has everything locked up when they get their Preliminary Plat approved. It's just impossible to do. We couldn't go buy that ground. ACHD won't buy it. We couldn't go negotiate for anything until we have an approval to move forward in at least a zoning on the property on this thing. That's just the nature of the business we're in and the nature of the business that you're in, for that matter in that you provide us with conditions of approval that we have to meet. If we can't meet the conditions of approval, we can't build the project. That's the point of the process as I understand it and that's signed for by the City and the developer in the Development Agreement. We have made certain promises in this. We have provided those promises in writing as to what we're going to do. That list of promises and it's repeated again in the letter that you received from Susan r Meridian City Council Meetir September 19, 2000 Page 44 Wildwood — the developer's attorney who couldn't be here tonight — those lists of promises that we made are listed in there and we fully expect that those would be delineated in the Development Agreement. If we can't meet those conditions, we can't do the project. These are things we promised to do and we're willing to agree to them in writing. Those have been delineated. Those have been passed out. That list was also developed from the meetings that we had with the neighbors on what we could do with this project to make it work — to make it acceptable with the neighbors. We're chasing a moving target here because we get additional people who come in all the time — people who said that they weren't at the meeting and couldn't be at the meeting, weren't invited. We noticed people in a 700 -foot radius from the property for our second meeting. That is well beyond the requirement of the 300 feet. We tried to get everybody involved. We posted notices in the neighborhood to get people involved in that and we felt in leaving that meeting that we had a consensus of the people who were at that meeting that if we met that list of conditions — we certainly got a good list of them — that if we met those conditions, that this project would be acceptable to them. Erma Atkinson was one of those and Laura Wilder was one of those who was early on and all the hearings that we went through and reported themselves to be representing at least in some fashion, the neighbors in that area as far as what they were doing. The other one was Mr. Walter — Reese Walter was at that meeting and we talked to about these issues. We can't get everybody's agreement on everything, but we sure as heck have tried the best we could to do what we can that's right. I guess at this point, I think we meet all the requirements. I think we've jumped through all the hoops. I think we've done everything that's asked and we don't know what to do else to make this thing work. We've been honest about what we can and can't do and we'd ask that you'd vote on this tonight and let's all get back to our lives on how we do things and we would certainly prefer to have this project move forward. We think it's the right thing and we certainly hope that you, as a City Council will do what we think is the right thing for Meridian, which is improve that intersection and provide apartments in that area and provide help to the City — something that's going to help. If this comes back single-family, there's no way there's going to be signal there. You're approving projects to the north and west to this project that are going to add traffic to that intersection and there's going to be no help for that. Other than that, I'd be glad to answer any questions you have. Corrie: Okay. Questions? Bird: I have none. Bailey: Thank you very much. Corrie: Okay. I believe that's the final one, right? Questions on the record for public? Any questions you want to ask the public or staff? Bird: Do it now before we close. Meridian City Council Meetir September 19, 2000 Page 45 Corrie: No further questions. I'll entertain a motion to close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the public hearing for the request for annexation and zoning of 12.73 acres from R -T to L -O and R-15 zones by Vicki Welker, Gold River Companies for proposed Valeri Heights Subdivision. And also close the public hearing on the Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and two other lots for 12.73 acres in proposed L- O and R-15 zones by Vicki Welker and Gold River Companies. And also close the public hearing for Conditional Use Permit for proposed Valeri Heights Subdivision for 128 unit apartment complex, townhouses and office on 12.73 acres in a proposed L -O or R-15 zones by Vicki Welker, Gold River Companies. De Weerd Second. Corrie: Motion made and seconded to close the public hearing on Items 6, 7 and 8 as directed. Any further comments? Hearing none. All those in favor of that motion, say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Comments. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I will make a few comments since it appears that I'm going to be the swing vote and depending on which way I go, you might be a swing vote. This is a really tough decision for me. I, personally, of all the Council members and the Mayor live the closest to this project so I'm probably impacted as much as anybody because I live in the Parkside Creek Subdivision also. Given the history of this project, I did vote "no" against it the prior time that it came before us and there was a number of issues, all of which many of you have eloquently stated over and over in testimony and letters, but I think there are a lot of new people here tonight that have been brought in to this process since this all started, so I guess I would like to explain some of that history so that you can understand a little bit where this is coming from. I know there has been a lot of drawing lines in the sand on both sides and unfortunately, we've seen a little bit of ugliness come out in this meeting tonight from both sides. I hate to see that because those types of things aren't productive and do nothing but divide our community. With some of the original proposal, the biggest concerns that we Meridian City Council Meetii September 19, 2000 Page 46 had heard were traffic problems on an already congested intersection and arterials that were only two lanes wide. I agree with that, and I don't think there's anybody on this Council that disagrees with that. I think it's important that we all understand how roads get improved in Ada County because we're all part of this system and that's something that we've created for ourselves. Several years ago, we formed something called Ada County Highway District and as development goes in, there are impact fees paid by development and those impact fees are then used to widen streets and make the necessary improvements. In this particular case, the developer has offered to pay for improvements in the intersection. But I agree with a lot of you. Just simply widening an intersection doesn't solve the problem. We've still got two-lane roads leading up to and away from in several square miles here. So the real solution is major widening of all the arterial streets in that area. The only way that's going to happen is if we get the support like what we're seeing at this meeting here tonight for everybody lobbying Ada County Highway District to get these roads improved. That's probably not likely to happen. You guys have all heard their statements — that until the traffic counts reach a certain number, they don't make improvements. We, as a Council, don't have a street department. We don't have money that we could go out and widen the roads. We would love to do that and we would love to be proactive and do those things ahead of time. Unfortunately, we can't make the decisions for another government agency. You, as citizens, voters and taxpayers, can lobby those people and you can request those types of things. So we have a developer who is willing to make some improvements in an intersection and I'm not going to shine you on there. It sounds like in a testimony — they're not paying all of that. Ada County Highway District would put up the money for the equipment and they would put up the money for the installation is what I heard in the testimony. So we may make some improvements right there in that intersection which would definitely help flow when cars are turning with the left-hand turn lanes that would be put in there. That, in my mind, would be an improvement. The piping of the ditch in the corner and the elimination of the concrete barriers there would also make it much safer for anybody going through that intersection. I'm concerned about that because I travel through that intersection a lot and my wife and kids travel through that intersection a lot. Some of the other concerns were with the streets that ran through into the subdivision to the north. I think the developer has made some pretty good changes there with the approval of Ada County Highway District that the cul-de-sac that we see coming off of Ten Mile goes in and dead - ends. That used to go through in the first plan. That eliminates some traffic flow. I think they've also done some things with the design of the parking and that so that the intent is to reduce the amount of traffic that would head north on the other road that does connect. The island was an intent to also limit and restrict and help to slow the traffic that would be going north. There were other concerns and that was the buffering and the view and things like that. They have done some things with moving the garages. They've moved them back. They've broken those up a little bit to make it more attractive. They've done some improvements in the apartments themselves. They were first taunted as luxury Meridian City Council Meetir September 19, 2000 Page 47 apartments and I even made a comment in the first meeting that I didn't think they looked too much like luxury apartments to me. They have some substantial improvements in the amount of landscaping, the architecture, the bricks, the retail area out in the center. I don't know if that's a good idea or not. I guess I'm like you. I kind of like single-family residents, but I think I might be not necessarily a majority on the Council and I don't know that we can rubber stamp everybody and say that everything in Meridian has to be an 8,000 square foot lot and that every house has to be "x" number of square feet. I don't think we all want to live in the exact same type of house. I guess my view on apartments is that there probably are people that can afford a home to start out with and maybe living in an apartment is the solution for them and I think the developer stated very much — this is not a developer from out of state who is going to come in, throw a development in, take their money and leave. This is a developer that grew up in this community. It's a developer that plans on staying in this community and living in this community -- possibly even living in this complex at some point, so I don't think her intent is to put in a shabby complex. They've done a lot to dress this thing up. As I heard the testimony and as I listened to the comments that you people made, it became very apparent to me that they started addressing your concerns one on one and they started to resolve those. Then it boiled down to the bottom line here — you just don't want an apartment. You don't want an apartment complex behind you. So it doesn't matter whether that sidewalk went all the way up Ten Mile Road. It doesn't matter if there was a sidewalk on the other street. There would be other reasons why you don't want this apartment complex. Then we started hearing all kinds of rhetoric and we started having to sort through what is meaningful. I live in the area, too. When I look at the claims about — this is going to decrease our property values. If it decreases our property values, it's going to decrease mine, too. I personally don't believe that that is what's going to happen. I've seen apartments go in other areas and I haven't seen the values of the property drop. So fundamentally, I have to ask myself — it's just apartments. We also heard about the process here tonight and we talked about that Comprehensive Plan. That was developed in 1993. It's going through a revision right now. Believe me. We've advertised the dickens out of that thing and we have begged and pleaded to get this kind of a turnout that we have here tonight for you people to come and comment on that Comprehensive Plan. That's the thing that determines whether apartments or what's going to be allowed to go in behind you. Unfortunately, nobody seems to really care until it's in their backyard, and then we all care. We don't want it in our backyard so now we come out. Why aren't we out there ahead of time? Why aren't we out here at Ada County Highway District lobbying for wider roads? I ran for City Council because I have strong concerns about our community. You have strong concerns about this particular issue. I wish you would take those strong concerns and carry them into some other things in the community. I'd like to see a bunch of you running for City Council or attending those Ada County Highway District's or attending those Planning and Zoning meetings. This is not an enviable position to be in. I don't like making these types of decisions. Depending on how I decide here tonight is going to probably Meridian City Council Meeth September 19, 2000 Page 48 determine whether I sleep on the couch for the next week or whether I'll be called honey and dear and get breakfast cooked for me. It's a real struggle and I think the videotape we saw — we've got traffic problems and I don't think anybody here would disagree with you. This project — yes, it's going to have some more impact on that. Every two weeks we have a Council meeting and I can tell you that every two weeks, we've got subdivision after subdivision and project after project that we're approving. So that traffic is going to continue to get worse on that road whether this apartment complex is here or if it's one a mile up the road and all the people are coming through this same intersection. So we really need to address this problem and traffic more than with just this one project and denying this. I've vacillated back and forth up here about three or four times tonight as I've heard you guys' testimony. Some of you have made some really good points. Some of you have made some really ridiculous points. We listened to all of those and I guess it's our job to make those tough decisions and I guess we're prepared to do those at this point. Mr. Mayor, I would therefore make a motion at this point that we approve the annexation and zoning request for the 12.73 acres from rural transition to L -O and R-15 for Vicki Welker and Gold Rivers, Incorporated for the proposed Valeri Heights Subdivision and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order subject to staff comments. Bird: Second. Corrie: Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law for the request for annexation and zoning on Item No. 6 — 12.73 acres from RT to L -O in an R-15 zone by Vicki Welker. Further comments? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I too, appreciate you guys coming in here and I'm like Ron. I wish we'd be more enthused about other stuff within the city. I happen to set through most of the Haven Cove deals even though I wasn't on the Council. I can tell you that if the Council at that time would have taken a public consensus, you wouldn't be living in Haven Cove. Parkside — when it went in, Jerry Lane — we didn't want him out there because of the traffic. We know we have a traffic problem. I happen to work in Boise. I invite anybody to drive down Fairview Avenue from 6:00 until 10:00 at night, or Emerald or anyplace else. ACHD knows that they have a formula, I guess, that we don't agree with, but there's not a whole lot we can do about it because they're another entity. Anyway, I want to thank you guys for coming out and showing your support or negativity against it. But anyway, we appreciate you coming out and at least letting us know how you feel. Thank you. One more issue. While we're on schools, our bond did pass very high. You folks — if you're going to rag on the schools, you're ragging probably on the worst group to rag on about overcrowding. Less than 30 percent of the kids in the Meridian City Council Meetir September 19, 2000 Page 49 Meridian School District live within our district that we control. You need to be at Eagle, Star, Boise and Ada County if you want to worry about the overcrowding, just as much as us. Corrie: Anything else? McCandless: Mr. Mayor. Corrie: Mrs. McCandless. McCandless: I'd just like to say that I've heard a lot of people talk about discrimination. I don't think there's anybody in this Council that feels that we're looking down on renters. Renters have their place in any community and I, for one, don't believe that renters necessarily breed crime and drug use and things of that sort. I don't think that's even an issue. I do, however, think, and I haven't changed in my opinion, that traffic is an issue in this particular area. Many people said "Well, traffic is bad everywhere." Is that an excuse to add to it because it's bad in other places? I don't think so. That's a very strong issue for me, and I, too, appreciate everybody coming out. We've listened to this for a long time. There's strong feelings on both sides. But I still maintain that this is not the location for this project. Corrie: Okay. Thank you. Anyone else. De Weerd: Okay. I'll give my two cents' worth. When the 1993 Comprehensive Plan was established, it was also looked at for not only planning purposes. We need a plan by our documents and we need to plan by our public input and our city ordinances. This plan was put together and it should be revisited every couple of years because our Comprehensive Plan is a living document. It changes. We went through these issues — or previous Councils have gone through these issues as your developments have come forth. So this is not a new thing for Council to have to sit up here and make sometimes some unpopular decisions. But we also have to look at the way we grow. We're growing from the inside out and that does eliminate sprawl. One of our letters introduced created some pretty important issues on sprawl. Higher densities, mixed density help address some of those issues that are created by sprawl. Higher densities do address better and more efficient use of our resources with water, sewer, traffic, police and fire protection. I won't disagree with the comment that crime will come. It's pretty — as I talked with the Chief, it's pretty indicative into high-density areas, but I was an apartment dweller until I was 33 years old. I was also an apartment manager. We had no problems in our apartments. We had some little ones, but I think it also has everything to do with good property management as well. There will be conditions placed on this development through a Development Agreement. As you've heard Mr. Bailey said, if certain aspects are not done before this building has asked for a permit, it will not happen. That's probably the good point. In our new Comprehensive n Meridian City Council Meetir September 19, 2000 Page 50 Plan, we are looking at going more towards the village center zones as some communities look at it. That is bringing a mix of densities and bringing services into those development so that you don't always have to get into your car to get to a doctor or to a dentist or to your grocery store and that sort of thing. That is in the new age of smart growth. That is as it has been defined in many things. What it comes down to is we have a Comprehensive Plan and ordinance that we make a lot of our decisions on. However, the people factor is an important issue. You've affected this development already considerably with a lot of the changes that the original neighbors have affected. Those are positive changes. We all desire different types of housing. I have a neighbor who doesn't want to care for her yard or do her own repairs. She is looking at apartment dwelling. Now, I don't think that she's of the type that's going to go create a bunch of crime. But there are --and I also have a son who is looking for apartments. He is a good kid. I don't think he's out looking to create something, but he might. I guess what it comes down to is it's a good use for the corner. It complements our long range planning as a potential for transit users. It's within 1000 feet of a rail corridor and this development will use less land and will support our public transit. I would ask for additional requirements to Mr. Anderson's motion — to address some of the concerns about this project and it might be solved. I would propose that the approved plans must run with the land and that if the approved plan is not built, that the property be deannexed and revert back to the previous zoning prior to annexation. I would also recommend that the access onto Thunder Creek Subdivision on Gray Cloud Way be — Unidentified Audience Member: Pack your bags, Tammy, you're out of here. De Weerd: -- closed to only for emergency pedestrian bicycle traffic and that we incorporate the COMPASS recommendations as noted on their June 14th letter. Corrie: Okay. I think that would come in the other request. This is for annexation and zoning. We'll keep that in — De Weerd: Well, the first point would be. Anderson: I have no problem with that and add it to the motion. Bird: Second don't have any problem. Corrie: I still would like to thank everybody here and for being here — for being such a good crowd because it — anytime you have an emotional issue like this, we need to have control, which you had. Regardless of how this vote turns out tonight, you are a group. I'd like to see you here at every meeting we have. Whether you will or not, I don't know. If you have strong ideas, don't give up. This Council has listened a long time here and they're going to make their decision here, so you'll have to make up your mind on how you feel about that. I just want to say thank you for being here. Whether their opinion is what mine is, r Meridian City Council Meetir, September 19, 2000 Page 51 we act as a body. So, with that, I am going to call for the vote. The motion has stated that the City Attorney draw up the Findings of Facts and Conclusions of Law with approval with the understanding that if they don't do the — it's the annexation and zoning will go back to what it was in the motion, so with that, Mr. Clerk, would you do Roll -call vote, please. Roll -call: Anderson, aye; McCandless, naye; Bird, aye; de Weerd, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Corrie: Item No. 7 is the request for Preliminary Plat approval of proposed Valeri Heights Subdivision for 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15 zone. Council, any discussion? Bird: I have none. Corrie: Hearing that, I'll entertain a motion on Item No. 7 — request for Preliminary Plat. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15 zone by Vicki Welker and Gold River Companies, Incorporated for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff and public testimony within as being necessary. Corrie: Do I hear a second? Motion dies for lack of second. Do I hear any — did you second it? De Weerd: No. Corrie: Okay. Any other motions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Would this be the place to put additional conditions on? Or in the conditional use permit? Meridian City Council Meetir September 19, 2000 Page 52 Corrie: Mr. Mayor, members of the Council, if you'll tell me which ones you're talking about. Some of them would go in the Preliminary Plat and some of them would go in the Conditional Use Permit, if I heard them correctly. De Weerd: One of them would be that Gray Cloud would be closed off at the property line and accessed for emergency pedestrian and bicycle traffic only. I guess another one I would look at is to the furthest apartment building to the north be limited to two stories. Corrie: Will those both be on the Preliminary Plat, Bill? Nichols: Mr. Mayor, members of the Council. I would like Mrs. Stiles' input on this, but I think the Gray Cloud item would need to be addressed on the Preliminary Plat and the height of the northern most apartment building would be addressed in the Conditional Use Permit. Do you agree? Stiles: Yes. I am also not sure whether the Ada County Highway District would approve of that only being a temporary — I mean only an emergency access. Did we have something from them that indicated that that would be okay? Corrie: I have nothing. De Weerd: I think it would just be the direction of the city that that would be our desire. Corrie: You can give it to ACHD and they'll make that decision with our recommendation. We put it in the plat. It doesn't necessarily mean it's going to be there. Stiles: I do think that's going to have some implications for that subdivision that there's going to be an emergency turn -around provided on this property if that road is going to be stopped. I don't know, but without having some input on Ada County Highway District on that, they're going to have to meet approvals of Ada County Highway District for terminating that existing street. I don't know that they would let that happen to just dead-end it there and I don't know what the Fire Department requires there, but I think that's something that we need to consider. De Weerd: Yes. A gate could be put in there? Corrie: You need to put that on there. Is that correct, Bill — that you could put those stipulations on there as long as ACHD approved it. I don't know whether they would or not. And not taking Gray Cloud as a close off. It sounds like ACHD wanted that through, so we can make the recommendation to them, and they would either approve our recommendation or tell us no. Any others that you have there? r� ^ Meridian City Council Meeth September 19, 2000 Page 53 De Weerd: Well, to incorporate the COMPASS recommendation for the transportation plan. I guess I would have one more — that the light, the turning lanes and the sidewalk be put in before a building permit is granted. Corrie: Anything else? Okay. Then does somebody want to make a motion for the Preliminary Plat with the Conditions that you have stated? Gray Cloud — we know the recommendations as ACHD. Nichols: Mr. Mayor, I know the issue with regard perhaps security gate with — I don't know if it would be — I believe there are ways with the security gates so emergency vehicles have access, the gates open. We'd put that in the preliminary plat so that that is in a sense a condition of the plat before Final Plat approval could be done. The COMPASS transportation plan — I'm not sure what you're after there. I need you to tell me more on that one. *** End of Side 4 *** Nichols: While you're looking for that, the stoplight — Okay, go ahead. De Weerd: They're recommending development of a transportation management plan in coordination with the ACHD commuter ride program and I can give you a copy of that. That would be the specific item. Nichols: Okay. I have this letter. I would say that should be part of the Conditional Use. The stoplight, the turn lanes and the sidewalks before a building permit is issued — I would suggest that as part of the Preliminary Plat and the Development Agreement so that those things are in place before any building permits could be issued for structures on this site. De Weerd: So that item, as well as the road? Nichols: Yes. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we recommend the request to approve request for Preliminary Plat for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L-0 and R-15 zones to include all staff comments, the letter from the attorney with the commitments by the developer to incorporate testimony and add the following recommendations to develop or install the stoplight and road improvements and sidewalks before any structural building permits are granted and that it also be stated in the Development Agreement as well that Gray Cloud Way at the property line between Valeri Heights and Thunder Creek Subdivision be for emergency, pedestrian and Meridian City Council Meetir. September 19, 2000 Page 54 bicycle traffic only and to instruct the City Attorney to prepare the Findings of Facts and Conclusions of Law. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: What streets are we improving? Ten Mile? De Weerd: Ten Mile and Pine. Corrie: Motion been made. Do I hear a second? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'll second it. Corrie: Motion made and seconded. Is there any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just questions of our legal counsel. Then, Bill, adding additional conditions — I heard Tammy use the word recommendation when she said that. Are they recommendations? Are they conditions? Are we on legal ground adding these additional things to it? Nichols: Councilman Anderson, Mayor, members of the Council. Ask Councilwoman de Weerd. I believe she meant Conditions of Approval or conditions of the development or having recommendations, but she can clarify that, but on the stoplight, the road improvements and sidewalks as part of the Preliminary Plat approval, that's clearly within your per -view to do so. On the issue of Gray Cloud Way, given Ada County Highway District's jurisdiction over the roads, we can put that in there as a condition that would be subject to approval of ACRD. That would satisfy that part of it. I think — and it's within your per -view to do so. You've heard testimony that people are concerned about the traffic that would come off Pine Street through the subdivision if they didn't like something was happening down at the intersection and this would be a way to limit and eliminate that as a possibility, so I think that's a reasonable thing and if ACHD will approve it. De Weerd: My intent was conditions. Meridian City Council Meetir September 19, 2000 Page 55 Corrie: Any other discussion? Bird: I have none. Corrie: Roll -call vote, please. Roll -call: De Weerd, aye; Bird, aye; McCandless, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. Corrie: Item No. 8 is the Conditional Use Permit — request for proposed Valeri Heights Subdivision for 128 -unit apartment complex / townhouse and office on 12.73 acres in a proposed L -O and R-15 zone by Vicki Welker and Gold River Companies. Any further discussion on this? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Conditional Use Permit for proposed Valeri Heights Subdivision for 128 -unit apartment complex / townhouses and office on 12.73 acres in a proposed L -O and R-15 zones by Vicki Welker to include the additional all staff comments and correspondence and testimony that we have received as well to add the following conditions: that the apartment building on the furthest northwest side closest to the Thunder Creek Subdivision will be reduced from a three-story building to a two-story building and to incorporate COMPASS recommendations noted in their June 14th letter regarding development of the Transportation Management Plan in coordination with ACHD. Anderson: I'll second it. Corrie: Motion made and seconded to approve the Conditional Use Permit and with the conditions as stated in the motion. Any further comments? De Weerd: Mr. Mayor, Shari has a comment. Stiles: Mr. Mayor and Council. I just had a question. What will the number of units be when that is reduced? How many apartments? I mean is it — De Weerd: I don't know. I haven't seen their building, so just eliminate the third floor. Stiles: Which would reduce the overall number of units. Meridian City Council Meeting September 19, 2000 Page 56 De Weerd: Yes. Okay. I just wanted to make it clear so that the applicant didn't think that Stiles. Y 1 they could move those somewhere else. De Weerd: No. Corrie: So there will be less than 128 in the apartment complex. Bird: Okay. What is the count going to be? I want an exact count before I vote on it. Seriously, I do. Are they eight-plex? Thea licant's representative indicates that would be a total of 120 units. Stiles. pp Bird: 120. Okay. Do you change your motion to that? De Weerd: Yes, please amend my motion to note that it will be 120 units rather than 128. Corrie: Does second approve the change? Anderson: Sure. Corrie: Oka Motion as stated with the correction 120 r Clerk. rather than 128- Corr Y unit apartments. Any further discussion? Roll call vote, Roll -call: De Weerd, aye; Bird, aye; McCandless, naye; Anderson, aye. MOTION CARRIED: THREE AYES, ONE NAYE. g. Continued Public Hearing from September bldi g loots and 10 othe Item royal of Request for Preliminary Plat app lot on 8.29 acres for proposed Waltman Court and SW 5u Street: by bd John and Sandra Goade —Waltman La to Corrie: It's 11:00. No. 9 has been requested to I contII eninue in O tiob ctoer fo 3the continue the public hearirOctober rd on Item No. 9.ith that g Councilto continue the public hearing until Bird: Mr. Mayor. Corrie: Mr. Bird. ublic hearing for PP 00-014 — request for Bird: I move we continue the p Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for September 15, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Vicki Welker / Gold River Companies ITEM NO REQUEST Continued Public Hearing 8/22/00 - Request for Conditional Use Permit for 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O rnrrr-c - NF(' c)f Pine Avenue and Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous item packet & postcard testimony OTHER: I�i 2 Contacted: (� u W� (,�l`- Date: C Phone: ✓Z 0 L� V �L Materials presented at public meetings shall become property of the City of Meridian. Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Additional Comments: D6 /1/oT Lll vRl miclrs Meridian City Coin all City HcE. 33 E. Idaho Ave. SEP 1 1 Meridian, Id 83642 CITY OF 1�D RE: VALERI HEIGHTS PROJECT i U Ilfl�Ilt��tti�E[lltllfi�31!llt�E " !tillltttllilll�l!!1�[111!!I !attention Meridian City Council Members F eople of Meridian are strongly opposed to -the Heights" apartment project. We insist that you ize our majority voice and vote accordingly. Additional Comments: 7Gi! %/L G/!n/ C •07ICU'/I aL CI6.'IOuG ��G //Ifi�?(J� (:�� ?.� litJd.0 r ,1/, /71- 7 // .9 r. //// Ya,& os. %lis 4-U, hcz-.n rna.,Z, Name:��-Q Address: /,(J N10 Cro�Ci ��� • �%%l//t<<� g3� - 230 \ V VR1 HEIGHTS ]PROJECT Meridian City Coune�Bc. City HallTVEI 33 E. Idaho Ave. Meridian, Id 83642 SEP 2 2000 CITY OF dERMIA RE: VALERI HEIGHTS PROJECT Susan Wildwood, Chartered Attorney -at -Law BY FACSIMILE - 8874813 September 13, 2000 [ayor and Members of City Council ity of Meridian I East Idaho Street [eridian, ID 83642 RE: Valeri Heights Application by Vicki Welker Mayor and Members of the Council, qc Maj-. q-19-0 P.O. B. �o -�r,�$ Boise 7 Hew, l Office - Fax - RECEIVED CITY OF MERIDIAN CITY ri ERK OFFICE represent Vicki Welker (hereinafter Ms. Welker) regarding the above -ferenced application. I am not able to attend the Council's meeting on leptember 19, and provide the following comments. est important, Ms. Welker appreciates the careful consideration by the City this project and the opportunity to present additional information through reconsideration process. As the Council is aware, this project has come before the City for consideration twice. In 1998/1999, it was a more ambitious project, which was denied. That currently before the Council was initially a redesign in response to comments from that denial. The current project has undergone even further revision in response to the concerns raised during the hearings and at neighborhood meetings. At this point, Ms. Welker has made every reasonable effort to accommodate the request made of it by the neighbors and the City. It is my understanding that the public testimony portion of the hearing is closed except for questions that may be asked of Ms. Welker by Council SEP 15 '00 13:22 5413171352 PAGE.02 ember Anderson who was not able to attend the final meetings. Absent or er such questioning, the Council is in the position of rendering a decision n this matter. Ms. Welker requests that in its deliberations, the Council keep mind the requirements of the Local Planning Act regarding approval and enial of permits: ...Whenever a governing board or zoning or planning and zoning commission grants or denies a permit, it shall specify: (a) the ordinance and standards used in evaluating the application. (b) the reasons for approval or denial; and (c) the actions, if any, that the applicant could take to obtain a permit. noted above, Ms. Welker has made every reasonable effort to accommodate requests made for modification of the project. It has met with neighbors, efully considered comments by individual Council Members and itinually revised the project. addition to the revisions made at City Staff's requests, Ms. Welker has reed to the following: Installation of a traffic signal at Ten Mile Road and Pine Street Redesign of the office building to make the exterior more attractive Restrictions on the type of businesses and hours of operation for the office building Tiling of the Ten Mile Drain Increased setbacks for garage buildings Reduced the number of garage units to increase open space and landscaping Installation of fire gates between the project and Thunder Creek Installation of temporary sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church if permission can be obtained from the landowners Reduction in the height of the apartment buildings Restrict its right to make application for any additional increase in the allowed R15 density or change of use except what is allowed in the IO designation under conditional use for the office building Make memberships in the Valeri Heights Home Owners' Association available to the neighbors of the Thunder Creek Subdivision Continuing to work with neighbors regarding minor issues such as fencing, parties and other on-going activities in the project SEP 15 '00 13:23 5413171352 PAGE.03 in spite of the efforts of Ms. Welker, the Council should vote to deny this oject, the Council would be required to list the actions that Ms. Welker uld take to obtain approval. If those actions could be performed by Ms. elker now, we respectfully suggest that the project should be agpr2yed with oge -conditions and not denied. If the Council., regardless of the efforts of s. Welker, determines that it cannot approve the final project, it should metheless approve the annexation and zoning designations as requested :cause they are consistent with the City's overall land use objectives for this ea. This latter decision would not be our choice, but at least allows Ms. Aker to go forward in designing a project that will finally be approved by e City knowing that the issue of annexation and zoning designation has ►en finally answered by the Council. ery truly yours, . / &/ / )-v Wildwood File, clients SEP 15 100 13:23 5413171352 PAGE.04 Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Aaamonal omments: / P,wr5 l,7Pe4 Name: Address:. 3C5a�U Bur�� A/ W' r.36��• TO vRx HEIGHTS Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 RE: VALERI HEIGHTS PROJECT L nn� RECEIVED v P 5 2000 CITY OF MERIDIAN CITY ri FRK nFFIrE Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. 4dditional Comments. T Gij) J �rnwVI-fO(I-)(-of(J-)n, ��� �1o,iJ 0. e0 TJ.��i,�, op;.Q 1z a C (.gall , (A h Pik 1, Address: �_.�.uc�e.=:..�.•�i-�--:j�..vo.�✓-;...>�ror�.w:..��n�r"s.]ar���s...+e Y�r�f}�.!etft�Y .�.��Y�. �^f�ESo®�sQ EIVE D SNARL- SEP!Cl CITY C F MERlp�q LERK pFF� E as vALE=u HEIGHTS PROSECT Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 ' •� 'tel "'��1i �? ` `fi rIN' . Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Additional Comments: II 1/ cc;"�1 te, 5*ec{ ka v z 6Z i'l`k c e- /\e:c, l �Gr kcc�t H e Name. �oticlld) O �y ') Address: aJ L� ►'.i - W tL ,z Cf-- oc tY 7 VA== HEIGUrs PROJEcT J • � s�nm�.. Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 RE: VALERI HEIGHTS PROJECT . I ` .1 � /;. .�t. i1 •fir �- .tiy lr.y�1:. �M,.:�?.',� i . 1 Attention Meridian City Council Members We the people of Meridian are strongly ops to the "Valeri Heights" apartment project ---W insist hat you recognize our majority voice and vote accor in y. Additional Comments: I IM rI \C C'V � =I RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE as V-Cj] ......... .. ; VRI uEicHrs PROJECT Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 RECEIVED i 5 2000 CITY OF MERIDIAN CITY CLERK OFFICE Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Additional Comments: �J {n enc - -r n,— J, Mr -r\5 II I 1/c:'� im•�,} l�no�-- 7�'h�5 l,v��� (v�.. ��s5 C�,"en, �'r�'. Name: Address: r .-,r:.,..�:�.r •,+%f^. �:Yw�Y•fitrs� , v P u 2060 CITY OF MERIDIAN CITY CLERK OFFICE a Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valen' Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Additional Comments: Name: _ V Address; Q� 5 5 4 u,� iq I 0 VJL=RI HEIGHTS • �� sinmr, Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 RE: VALERI HEIGHTS PROJECT PROJECT IlEflf::ilEf�lf ftlffl[f if lif:fll . � 1 � - '+ �'� u ; �_ • WU'r+y,.. �-��.j-Zt ^%?,iZS+yZw. �� W+ RECEIVED ► ? 2000 CITY OF MERIDIAN CITY CLERK OFFICE Attention Meridian City Council Members We the people of Meridian are strongly opposed to the "Valeri Heights" apartment project. We insist that you recognize our majority voice and vote accordingly. Aaamonal Comments: f c�K e a cl V e dLO i� r� P► +��, -- o„+nC� S ho U 2 i n LI) h _ l Name: _ _ K Gl- r P t1 (mo (n p � cr' Address: o� 53 + lK)c,\) e- CA- rnle_i(' 1 d 1 Q F �i Meridian City Council City Hall 33 E. Idaho Ave. Meridian, Id 83642 RE: VALERI HEIGHTS PROJECT August 17, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING August 22, 2000 APPLICANT Vicki Welker / Gold River Companies ITEM NO. 3 AGENCY Continued public hearing from 8/15/00 - Conditional Use Permit for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and offices on 12.73 acres in proposed L -O and R-15 zones - NE corner of W. Pine Ave. and N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See previous item packet and attached minutes See attached Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Ada Countc�J�tichwu� 'hijlpicl Judy Peavey -Derr, President 310 tali Ot Ln Oueei Dave Bivens, 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 August 15, 2000 TO: Vicki Welker Gold River Companies 1311 E. Franklin Rd., Suite #102 Meridian, ID 83642 FROM: Christy Richardson, Principal Dqvelopment Analyst Planning & Development e-i�zZs� SUBJECT: Preliminary Plat: Valeri Heights Subdivisions — REVISED n/e/c Pine St. and Ten Mile Rd. RECEIVED AUG 1 7 200n CITY OF MERIDIAN On August 9, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. 2 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian Construction Services — John Edney Drainage- Chuck Rinaldi David R. Bailey, P.E. 6417 Santa Cruz Dr. Boise, ID 83709 David and Shirley Fuller 890 N. Ten Mile Road Meridian, ID 83642 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report REVISED Preliminary Plat - Valeri Heights/MPP00-005 Ten Mile Road/Pine Street MAZ00-006/MCUP00-014 Valeri Heights is a 10 -lot residential/commercial subdivision on 12.73 -acres. The applicant is also requesting conditional use approval to construct a 128 -unit apartment complex, and a 26,000 -square foot office/commercial complex, with a rezone from RT to R-15 and LO. The site is located at the northeast corner of Ten Mile Road and Pine Street. This development is estimated to generate 1,320 additional (10 existing) vehicle trips per day based on the submitted traffic study. On March 8, 2000, the Commission reviewed and approved Valeri Heights. The applicant is now proposing to construct a traffic signal at the intersection of Pine Street and Ten Mile Road, construct offsite sidewalk improvements, and would like to modify the requirement to extend stub streets into the site. The following report addresses the changes to the site plan. Roads impacted by this development: Ten Mile Road Pine Street Lightning Way Gray Cloud Way ACHD Commission Date — August 9, 2000 - 7:00 p.m. REGULAR AGENDA ITEM Valeri Heights.REV Page 1 I 0 %A —J U) LLJ Lu > LLJ UD < z -za , (C) QI- IRJ • 0 ';vs[j-j. of jig !^ = a,na p'4�€ 3 4 4zC :1r e"�5 CL Ee$ c Y& r o g - w g g g g-g-tc g g s g���g� :3;Agg � g o _ 4 f f ag ? - efff fs'cf'sH rg a s J W L gg�•s .a ya �i � � j � I i .- � W � rya X0;.4 �e Ep Jill ' •®• r©� • ' I �' ' I I I I I ( t �� < a g• r $ � Ya rye„__ �� I I I li II -I'�C �4 IL i s U o =L 0 V 9 c z z a a _N u w E _ f� "' s w° a x ° a z i7 a c� v e s 3 In s C ouwi �r o o vl 4 Ln 9 t Q L d�� � -� ____ � ,G■'SL9 M.C°�rt DGS _—_-�._ � �' 45 all I I- �. - - ■i •I ■I :i.� al•I=. I OU 6' � � I ' � I/�� . � • � / C _e / 4 O In g w _� ��� -- I !( m • _ it i I a i ? i- I——.I—I■1■js ia.I T�r;,i■1a1:■— —' i ° "� - `.F. Q .[riff iLL�SLDd/ IL xg= _ Ddu CoUntq,_.1qiqkway 2)i3trict Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, 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(a-)achd.ada.id.us May 15, 2000 R E C E I V E D MAY 1 5 2000 ACHD PLANIDE b/ SVCS Meridian City Council 33 E. Idaho Street Meridian, ID 83642 Subject: Traffic Requirements, Valeri Heights, MPP00-005/1VIAZ00-00611VICU00-014 Honorable Mayor Corrie and City Council Members, At the May 10, 2000 Commission Meeting, the Ada County Highway District (ACRD) Commission directed the staff to evaluate the conditions placed on the Valeri Heights --Subdivision. -The-Commission wanted to -ensure -that the existing -roadway -and traffic requirements are consistent with the traffic volumes and traffic safety. Concerns have previously been expressed to the Commission stating that the requirements had been based upon traffic counts, which do not reflect Meridian High School being in session. After reviewing both the ACHD and the Meridian Planning and Zoning Commission requirements, I have found them appropriate. Meridian Planning and Zoning added the requirement that the developer construct a traffic signal before occupancy. While ACHD supports the installation of a traffic signal, we want it to be understood that this is a developer exaction and that ACHD does not have a traffic signal in the current budget or in the Five -Year Work Program. Due to this location being the intersection of two functionally classified streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. However, if the Commission does not approve ACHD participation, the signal will be entirely the responsibility of the developer. Regardless of funding, an agreement between ACHD and the developer will be necessary to assure the signal is constructed in accordance with standards. Based on our latest traffic counts, the intersection is close to satisfying the requirements for an all way stop warrant. I recommend that the Council also require the placement of an interim all -way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation will require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road 0 north and south of Pine Street. The installation will also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. Sincerely, Terry Ittle P.E. Manager, Traffic Services cc: ACHD Commissioner J. Schweitzer, Director Larry Sale P&D Supervisor Laura Wilder Irma Atkinson File: Ten Mile & Pine Electronic File: TrafAdMin/Reports/Ten Mile&PineValerie 2 Facts and Findings: A. General Information Owner - David & Shirley Fuller Applicant — David Bailey RT - Existing zoning R-15/LO - Requested zoning 12.73 - Acres 10 - Proposed lots (8 townhouse lots, 1 commercial lot, 1 apartment lot with 128 units) 136 - Proposed dwelling units 26,000 - Square feet of proposed commercial/office building 272 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ten Mile Road Minor Arterial with bike lane designation Traffic count of 8,740 on 4-6-00 (n/o Pine Street) 680 -feet of frontage 58 -feet existing right-of-way (33 -feet east of centerline) 96 -feet required right-of-way (48 -feet from centerline) Ten Mile Road is improved with 30 -feet of pavement without curb, gutter or sidewalk abutting the site. Pine Street Collector with bike lane designation Traffic count of 2,298 on 4-6-00 (e/o Ten Mile Road) 830 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 70 -feet required right-of-way (35 -feet from centerline) Pine Street is improved with 23 -feet of pavement with no curb, gutter or sidewalk. Lightning Way Local street No traffic count available 0 -feet of frontage No additional right-of-way required Lightning Way is improved with a 37 -foot street section with curb, gutter and sidewalk. Valeri Heights.REV Page 2 Gray_ Cloud Way Local street No traffic count available 0 -feet of frontage No additional right-of-way required Gray Cloud Way is improved with a 37 -foot street section with curb, gutter and sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Ten Mile Road was overlaid in 1999. C. On September 8, 1999, the Commission reviewed and approved Valeri Heights. The previously approved site was estimated to generate 1,400 vehicle trips per day. The applicant has changed the site plan eliminating the driveway on Ten Mile Road. That application was denied by the City of Meridian, and this report addresses the changes to the site plan. D. The applicant is proposing to signalize the Ten Mile Road/Pine Street intersection. (This is not an ACHD requirement, but staff supports the installation of the signal — see attached letter from Terry Little, dated May 15, 2000.) If the applicant constructs the signal, the following requirements should apply: The applicant should be responsible for all of the related intersection improvements, the signal design and construction. ACHD will supply the signal hardware and will review all of the plans for the design and construction of the intersection and signal. 2. The applicant is proposing to construct three 12 -foot wide lanes along Ten Mile Road and Pine Street abutting the parcel for the intersection improvements. The outside lanes should be constructed 14 -feet wide with 3 -foot wide gravel shoulders. The center turn lane should be constructed 12 -feet wide. 3. The applicant should provide a pedestrian connection to the signalized intersection from the site. 4. The applicant is proposing to include a private road with the signal and intersection improvements. The road should be paved back a minimum of 50 -feet from Ten Mile Road and should align with Pine Street on the east side of Ten Mile Road. The applicant should reconstruct the south leg of the intersection to accommodate the improvements to the north. E. The applicant is proposing to construct a 30 -foot wide driveway on Pine Street, located approximately 320 -feet east of Ten Mile Road. District policy requires that driveways on collectors be located a minimum of 175 -feet from controlled intersections. The Pine Street/Ten Mile Road intersection is currently stop controlled. The proposed driveway location meets District policy. The applicant is proposing to signalize the intersection. Driveways on minor arterials should be located a minimum of 315 -feet from the intersection. Valeri Heights.REV Page 3 F. The applicant should be required to construct a center turn lane on Pine Street for the Pine Street/driveway intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. H. The applicant is proposing to construct Lightning Way to connect to an existing stub street on the north side of the site that was constructed with the Thundercreek Subdivision. At the meeting on August 9, 2000, the Commission heard testimony from staff and neighbors regarding the connection. The street connection would have minimal positive or negative impacts on the neighborhood, due to the Ten Mile Road connection to this site, and to the subdivision to the north. The Commission recommended that Lightning Way not be extended into this site from the subdivision to the north. The applicant should be required to complete off-site street improvements (curb, gutter and sidewalk) at the terminus of the existing Lightning Way to complete the street section. The applicant is proposing to construct a public street off Ten Mile Road, located approximately 430 -feet north of Pine Street. District policy requires the street to be offset 315 - feet from the intersection of Pine Street and Ten Mile Road. The proposed street location meets District policy. The applicant should extend this public (or private) street into the site approximately 200 -feet and terminate the roadway with an ACHD approved turnaround, if the roadway is a public street. The applicant should be required to construct a center turn lane on Ten Mile Road for the public street/Ten Mile Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. K. The applicant is proposing to extend Gray Cloud Way into the site at the north property line and stub the street at the east property line. At the meeting on August 9, 2000, the Commission heard testimony from staff and neighbors regarding the connection. The street connection should be extended to the property line as a stub street. The Commission recommended that the applicant constrict Gray Cloud Way to the east property line, as proposed, with an ACHD approved turnaround, and completed street improvements in the turnaround, in case this street does not get extended in the future. The Commission also recommended that the applicant construct an island in the turnaround that would serve as traffic calming in the future if the street is extended. In addition, the applicant should provide a sign at the terminus of the street stating that "THIS ROADWAY WILL BE EXTENDED IN THE FUTURE." Valeri Heights.REV Page 4 L. The applicant should be required to locate driveways within the subdivision, a minimum of 50 - feet from Ten Mile Road, Pine Street and internal street intersections. M. The applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of- way. N. The applicant should be required to constrict 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. O. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. P. The neighborhood residents are concerned with pedestrian safety along Ten Mile Road. The applicant has approached property owners on the east side of Ten Mile Road about constructing a 5 -foot wide concrete sidewalk as an extension of the existing and required sidewalk on Ten Mile Road. If the applicant is willing to work with the property owners to dedicate right-of- way offsite along Ten Mile Road, ACHD will purchase the necessary right-of-way (48 -feet from centerline) for fair market value with impact fees. If property owners are not interested in right-of-way dedication, the applicant should provide a sidewalk easement for all sidewalk located outside of the right-of-way. All offsite sidewalk should be located to match existing improvements (41 -feet from centerline to near edge of sidewalk) and will be constructed at the developer's expense. Q. The applicant should be required to install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. If the applicant constructs a driveway off of Ten Mile Road in lieu of a public street, then a standard 30" by 30" STOP sign should also be required at the intersection of Ten Mile Road and the driveway (public street). R. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. S. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. Valeri Heights.REV Page 5 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Dedicate 35 -feet of right-of-way from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication. The owner will be compensated for all right-of- way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. If the applicant constructs a traffic signal at the intersection of Pine Street and Ten Mile Road, the following requirements shall apply: a. The applicant shall be responsible for all of the related intersection improvements, the signal design and construction. ACHD will supply the signal hardware and will review all of the plans for the design and construction of the intersection and signal. b. The outside lanes on Pine Street and Ten Mile Road shall be constructed 14 -feet wide with 3 -foot wide gravel shoulders. The center turn lane shall be constructed 12 -feet wide. c. The applicant shall provide a pedestrian connection to the signalized intersection from the site. d. The private road shall be paved back a minimum of 50 -feet from Ten Mile Road and shall align with Pine Street on the east side of Ten Mile Road. e. The applicant shall reconstruct the south leg of the intersection to accommodate the improvements to the north. 4. Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its frill width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Valeri Heights.REV Page 6 Constrict a public (or private) street off Ten Mile Road located as proposed, approximately 430 -feet north of Pine Street. Extend the street into the site approximately 200 -feet and terminate that section of the roadway with an ACHD approved turnaround, if it is constricted as a public street. 7. Complete off-site street improvements (curb, gutter and sidewalk) at the terminus of the existing Lightning Way, 8. Constrict a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Extend Gray Cloud Way into the site at the north property line and stub the street at the east property line, as proposed. The applicant shall construct Gray Cloud Way to the east property line with an ACHD approved turnaround, completed street improvements in the turnaround, and an island in the turnaround that would serve as traffic calming in the future if the street is extended. In addition, the applicant shall provide a sign at the terminus of the street stating that "THIS ROADWAY WILL BE EXTENDED IN THE FUTURE." 10. Locate driveways within the subdivision, a minimum of 50 -feet from street intersections. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement. 11. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 12. Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 13. Construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 14. If the applicant constructs a 5 -foot wide concrete sidewalk offsite as an extension of the existing and required sidewalk on Ten Mile Road, provide a sidewalk easement for all sidewalk located outside of the right-of-way. All offsite sidewalk shall be located to match existing improvements (41 -feet from centerline to near edge of sidewalk) and will be constructed at the developer's expense. ACHD will purchase right-of-way from affected property owners at fair market value. 15. Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. If the applicant constructs a driveway off of Ten Mile Road in lieu of a public street, then a standard 30" by 30" STOP sign shall also be required at the intersection of Ten Mile Road and the driveway (public street). Valeri Heights.REV Page 7 16. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 17. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing -to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACED Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commissions action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its or*Vinal decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pen-nit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Valeri Heights.REV Page 8 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACED right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACED requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning & Development Staff Date of Commission Action: August 9, 2000 Valeri Heights.REV Page 9 Meridian City Council Meeting_ August 15, 2000 The regularly scheduled City Council meeting was called to order at 7:35 p.m. on Tuesday, August 15, 2000, by Mayor Robert D. Corrie. Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless. Members Absent: Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Bill Gordon, Will Berg. Corrie: If I could please have your attention, I will open the Meridian City Council on August 15, 2000, at 7:35. First off I'd like to have roll -call, Mr. Clerk. Thank you. First off I'd like to welcome Troop 199 here today. Hope we have a good civics class this evening. Also welcome everybody here this evening. It's a good turnout. I thought maybe everybody would be in Boise at their Council meeting trying to see about the nightclubs, but I'm glad to see everybody here. Item A. Approve minutes of July 18, 2000, City Pre -Council Meeting: Item B. Approve minutes of July 18, 2000, City Council Meeting: Item C. Approve minutes of August 1, 2000, City Pre -Council Meeting: Item D. Findings of Facts and Conclusions of Law: AZ 00-012 Request for annexation and zoning by Opal Farrington of 4.70 acres from R-1 to R-4 for proposed addition of a home — northwest corner of East Pine Avenue and Adkins Way: Item E. Findings of Facts and Conclusions of Law: AZ 00-010 Request for annexation and zoning of 40.33 acres from RT to R-4 for proposed Timber View Subdivision by Victory 41, LLC — north of Victory Road and east of Meridian Road: Item F. Findings of Facts and Conclusions of Law: PP 00-010 Request for Preliminary Plat approval of 91 building lots and 10 other lots on 40.33 acres for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone — north of Victory Road and east of Meridian Road: Item G. Findings of Facts and Conclusions of Law: VAR 00-006 Request for variance of the 1,000 -foot block length for proposed Timber View Subdivision by Victory 41, LLC, currently in an RT zone and proposed R-4 zone — north of Victory Road and east of Meridian Road: Item H. Findings of Facts and Conclusions of Law: VAR 00-011 Request for variance from required pressurized irrigation to permit utilization of domestic water for landscaping for Olson & Bush Subdivision No. 2 by R2 Development — north of Franklin Road and west of Eagle Road.- Item oad:Item I. Findings of Facts and Conclusions of Law: VAR 00-014 Request for a variance of the 30 -foot front yard setback required in the L -O zone, proposing a 20 -foot front yard setback by the City of Meridian — West side of Ten Mile Road approximately 'h mile north of Cherry Lane: Item J. Findings of Facts and Conclusions of Law: CUP 00-035 Request for a Conditional Use Permit for the continued operation of a cornfield maze, The Maize, by Sam Johnson and The Maize, LLC currently in a C -G zone - southeast corner of 1-84 and Eagle Road: Item K. Findings of Facts and Conclusions of Law: CUP 00-036 Request for Conditional Use Permit to construct a tri-plex apartment complex by Merlyn and Brandon Schmeckpeper currently in an OT zone at 210/214 King Street — east of First Street and south of the railroad tracks: Item L. Findings of Facts and Conclusions of Law: CUP 00-037 Request for Conditional Use Permit for a proposed addition of 2,574 s.f. to the existing 4,715 s.f. telephone equipment building by US West Communications currently in an OT zone — NE corner of Meridian Road and Idaho Street: Item M. Item Findings of Facts and Conclusions of Law: CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I -L zone — 1530 E. Commercial Avenue in the Railside Business Park: Item N. Beer and Liquor Renewal by Mohammad Alidjani for the 19th Hole dba 127 Club at 127 E. Idaho: Council, we have the Consent Agenda in front of you. What is the pleasure of the Council? Bird: I move that we approve the Consent Agenda with Items D, E and F noted changes by the Planning and Zoning Administrator and the approval of the Consent Agenda. deWeerd: Second. Corrie: Motion is made and seconded to approve the Consent Agenda with the corrections on D, E and F from the staff. Any further discussion? Roll -call vote, please, Mr. Clerk. Roll -call: deWeerd, aye; McCandless, aye; Anderson, absent; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 2. Public Hearing: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Item 3. Public Hearing: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Item 4. Public Hearing: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Corrie: Okay, on the regular agenda, first off as I mentioned just before the Council meeting, Councilman Anderson is not here this evening, and the Council would like to have all four Council people hearing this one and also in the voting of it. So what I'm going to do is open the public hearing on Items 2, 3 and 4 which is the Valeri Heights Subdivision, and we are going to have a special session hearing just the Valeri Heights again on the 22nd of this month on this coming Tuesday. It will be a special session hearing only that. Now, if there's anybody here that came to testify that cannot be here the 22"d, then we will hear your testimony tonight and the absent Councilman will have to read that testimony and go over the tapes, then he will be here the 22"d. Now, is there anyone here tonight that cannot be here the 22nd of this month? Okay, we have one, two. All right, two. So, again, those two will be heard tonight at this time for the Valeri Heights, and the developer has requested to have any rebuttal at this time for those people. After they hear that, they have a right to rebuttal, and then we will continue the public hearing to the 22"d. Okay. Everybody understand what I'm saying? Okay, that will be fine — Nichols: Mr. Mayor, members of the Council, some of the folks here are not here for Valeri Heights, and so you need to distinguish — either way, those who are not here on that issue might be counted as to vote for or against, so if you're going to do a show of hands deal, we might be able to make sure that there are those interested in this particular issue. Corrie: Okay, we're going to have a show of hands, I guess, of those people interested in approval and those who are not interested in approval. It will be no value as far as testimony is concerned. It's just noted on record. Also, you must be here for that particular hearing. If you're here for something else, you heard the counsel. Show of hands who are here for the Valeri Subdivision if you want to be on record as being for Valeri Heights. Twenty-one. Okay. Now, those who oppose it at this point. Nothing is going to be decided tonight. You're going to have to come back and talk. Those 21 are for; how many against, again? And how many are undecided at this point? Okay. That's a very unscientific report — you people come back, now. Let's be sure — we want to hear you. Now there were two people that could not be here the 22"d. For those that are for the Valeri Heights will be first, and the last will be against, and we'll have any rebuttal by the developer on those statements. Got it? I've opened the public hearing on 2, 3 and 4. Okay. First one. Yes, sir, if you'd like to come up, please, and give your name and address, please. Kritchville: My name is Greg Kritchville, and I'm for the developer. I think I should be a much nicer corner there if they — for the traffic and everything (inaudible). It seems like there's quite a bit of traffic that does actually come down that way compared to what there used to be. Now, I've worked construction myself, and I've worked on a lot of apartment complexes, and I've noticed (inaudible) a lot more space if you'll notice on there. From the boundaries, from the neighbors and everybody, there's a lot of grass and everything. When you have a place like that it seems like they keep it up a lot better because it's somebody else's instead of all the homeowners — so the weeds don't get as bad or something like that. So I think it'll be a nice addition to the neighborhood over there instead of just a bunch of small track homes or low- income housing or something like that. I think that's about all I've got to say for that. Corrie: Thank you. One more, I guess, pros and cons. We'll just have the two of you — either for or against. McNatt: Daren McNatt. I agree 100 percent with Greg there. I think it's a great development. I think it'll work great for this town. I've seen this town go in the wrong direction many times on the construction for over 10 years, and I've seen bad decisions. I think that's a good one. My opinion. It's clean, it's neat, I think everybody will be happy. The surrounding people that like the field, I've got news. Hey, that used to be a field, and they would like that to be a field, and I don't know what to tell them, but I think that is good. I like that. I'd like to live there. I just support it 100 percent, and I don't see anything wrong with it. I think that's a good traffic zone. I think Ten Mile has a lot of traffic. High-school kids come down through there every single day. There's a lot of people living to the south of that, well, sorry, west of that, that the access is important to them, and some development along that side — sidewalks, etcetera, etcetera, is good because that is a heavy cross -traffic. If you ever go through that intersection, there's people crossing the road. Development is good because I've had some close calls on that corner. Widening that, putting in a nice place there, sidewalks, crosswalks, is good. I don't see anything wrong with that. That's all I have to say on that. Corrie: Thank you very much. Developer, do you have any rebuttal to what's going on so far? I don't want to second-guess you at all here. Okay. Then with that being said, I will entertain a motion. Everybody wants to talk, it's going to be on the 22"d. I'll entertain a motion from the Council to continue the public hearing until the special meeting on the 22nd of this month for Valeri Heights only. Bird: Mr. Mayor, I move that we continue the public hearing for Items 2, 3 and 4, Valerie Heights until August 22nd at 6:30 p.m. in the Chambers. deWeerd: Second. Corrie: Motion made and seconded to continue the public hearing on Valeri Heights until August 22, 2000, at 6:30 p.m. Any further discussion? (inaudible comment from the audience) Corrie: That's a legal question, and I'm not going to answer that one because I don't know. Nichols: Mr. Mayor, members of the Council, it's my understanding that when the initial public hearing is held, if at that public hearing a continuation of the public hearing is denounced to those present, that's a valid public hearing, and no additional notice needs to be posted or published in the newspaper. Berg: Mr. Mayor, members of the Council, some of the things that we've done to try to go beyond what the legality is, is to try to put some kind of notice in the paper, and I'm sure I can get the Statesman to print something up that would make a notification of that nature. By no means are we obligated to do that, but I think it makes good sense for the Council to have that extra notice. Corrie: We might even post it here in the Post Office as well for public notice. All right. Any other debate for Council? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: We will have the public hearing continued to the 22"d of August at 6:30 p.m. August 10, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Vicki Welker/ Gold River Companies ITEM NO. 4 REQUEST Request for Conditional Use Permit for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones for proposed Valeri Heights Subdivision - NE corner of Pine Avenue and Ten Mile Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached letters and revised drawings Contacted:—V (GGA V"ukt 041 Date: Phone: vJ gpCV Materials presented at public meetings shall become property of the City of Meridian. August 1, 2000 - BEcElvED AIG - ? . 2W CITY OF NERIDWN Shari Stiles City o�Meridian Panning and Zoning Director 200 F45t Carlton Merid`asn, Idaho 83642 Dear Shari; Please accept this letter as my affidavit that the property at 890 N. Ten Mile being processed as Valeri Heights for approval as annexation, rezone, preliminary plat and conditional use pormit has been posted for the August 15, 2000 meeting as of July 31, 2000. Thank you for your consideration, Gold River Companies, Inc. Vicki Welker President 2324 W. Rainwater Ct. Meri4ian, Idaho 83642 208-998-9800 P.S.' Will you please see to it that the applicant address and phone number in the file is changed to this one? "Thanks. AUG 07 100 13:2e 2oeeees854 PAGE.01 ECEIVED Mr. Mayor and City Council Members, CITY OF MERIMAN We support the Valeri Heights mixed use developff6tfbEMQFF10E of the following reasons. 1. Traffic improvements it will bring. 2. Sidewalks and landscaping around Ten Mile and Pine. 3. We support the commercial offices for the professional services that will be provided for the community. 4. We believe the apartment portion of this development; the way it is designed will have a positive impact on the neighborhood by providing these residents a place for recreation and entertainment. Such as swimming pool, basketball court, and clubhouse. This keeps children off the streets. What more could you ask for. 5. We believe this project will bring Meridian into the 21S` century. 6. We don't believe the height of the buildings is an issue. Right now there are 2 story homes looking down on 1 -story homes. You don't discriminate against the 2 story looking down on the 1 story, so how can you justify discriminating against a 3 story. We believe this argument is moot. This issue was discussed and decided at planning and zoning. 7. Thunder creek and Haven Cove opponents think this project will hurt property values. We disagree this project will increase property values. Especially the acreage's surrounding this development. Erma Atkinson does not speak for everyone. 8. We urge the city council to vote yes on this project as it stands. _ We support the Fullers in the right to develop their land. Subdivision lot owners should not be allowed to stop this project. TN� � �0ti,7Z�vAf14-16- ?- Lt 4 Sincerely /06. R,ECEIVEE � ,c n mrrr -,j CITY OF MERIDIAN - \CITY CL=E-RK OFFICE Z F lr' - -- / �%/�✓ C✓ ,! , _ � Cil � i� e � i ! J t�l�rOP'dP41�t!l.�dip.@� tl . !Pltc .a{_i9;�fl"Ji�EPa✓b�ffdil�� f �'` 1� tti, { B�%lii8-i Pef•Pf �B%Pfd i c c G c'�t G' =� 1� ea .� O � V r ,� c � •r'� �w `�" '�, � �� C s: c, s � v.. ,.. r ..� y T1 pr..� .1 �� y. . -�.� ��� •� O � V e ,9E 0 1� 1 1 1 1 1 1 1 1 1 1 1 O Cil O N DAVE AND SHIRLEY FULLER 890 South Ten Mile Meridian. Idaho 83642 I, (your name and address) T 7 U `� ���5 G �ra�0 �f �� a �t 73a 7 Yes, I support Valarie Heights project. The Fullers h e worked hard to rind a developer that would fix this corner and address the traffic issue. Other developers only wanted the easy ground to develop leaving the corner for some one else to address. Now that they have a developer willingto address all issues with a mixed use concept of residental and Services we feel that the City Council should follow Planning and Zoning recommendation and not let a hand full of neighbors opposing something we feel is good planning for the whole comminity. Thanking you in advance for your support. - _ _ . �t1 i� %J�La,�o•�. /�..lJ CusK�: �,�xc �dr:Z�'� c�✓.ti-/-,: f,-44—)_ �_ _.G'o•Js �c� ivy#�£.Z��•�_i c_ac.� l-_ _ % °=� _ �. _ �oc.F � Gc�eiLiL-- ----_ _ /-Z*G 7-o Z �v --GUS •rIc=55G a /j'�•9�c,/ G���f!✓G+t_S--��Roi1Gl .--n r1..� j/fr YC.fIZS -- �.�'vp �iii.�/ q_ _ Cv.+���Z.c /fc .�l S i tit ��A'�.✓i.,l�-< �c��-C= . C-cyo.r�, -I- IlAv /�?Evic rvr A !/,a /6� ,�Elbts� S �,G�.�! ,¢ v_ /.-' _•�c a r s G--o:� a �c.•tS� � ��L:.c�u.) i i � ,mac ���.zot/61�.,. __1_�. /S rtft Z)eaE lv�EiZ- /%4 S /�6R.�C v /•ol s :-�C i 7 -le ca,� ccZ,¢.sr � ./. /•±LG /��l D_O•�ll �Cr ��120G)G,U 71 �t.� /U /4,j7)zou o- /: , /.S<E �oi� T 1 ,¢�.�- j z�<^<� %u /H.�k�= iS %SFT X1..9-,✓.�. -.�� _-2;F G'r_ii/ .�as�• G�-�S oo_,�C /¢4 ---.- ,JOB--�p2f.��,G �E,�p_ �� � ��� � lv� „�,..t,� i G'o•JCE� i j�.�Y u�6 wt � �t ssE'A / -� - - -_ - --- -- - ----- - --1 � Woy � A_ _ ,�E d,.1 Fes: iti % .�c •� y - - /yl.Z . /�i/�� �-- _ !is<t /�u- rj�cidr- T.�%C f•�G ?- / 15 :¢.L.�E,¢r�y ,Swz zo�r •� a ,� 13Y .5217 P/ u, s,o_..r s .1 ,EO .0 _ --_ .J /+7£ -S o F August 1, 2000 R kC E-1 V ED .10L, "2"13 _ CITY OF NlERIDIAN -- _ CITY CLERK OFFICE City of Meridian Planning & Zoning Staff, Planning & Zoning Commission, and Members of City Council Dear Staff, Commission and Members; The 1993 Comprehensive Plan's main emphasis was for traditional neighborhoods. The point behind that concept was for all neighborhoods to have user friendly access to services, with neighborhood commercial services available in all areas of town. We submit these ideas for your consideration. The first two drafts in 2000 have ignored that this City needs to recognize new corridors of development. Although the new plan has recognized more commercial, it now has it bunched into total commercial areas mostly on the East End of town. There is a need for more commercial but it needs to be distributed around the entire city and impact area like the 1993 plan attempted to do. These centers can be surrounded by high-density areas and mixed — planned use areas in the center of a square mile or on the corner intersections. The same is true of high density residential. There needs to be more of these areas as well as office and they need to be distributed in all areas. The concept of Mixed — Planned Use Development has been eliminated and needs to return to the plan. There is a need for several areas where a mixed-use plan could include single family, medium and high-density residential along with office and at least neighborhood commercial with all services in one community plan or under one development plan with effective transition areas. Meridian wants and needs more park areas. Instead of insisting that someone dedicate the land and the City not having the funds to complete the park, the solution would be to allow developments with bonuses that would be enhanced by the inclusion of parks and water features. The developer, purchasers, neighbors, citizens and the City all win under this scenario. The current plan does not recognize Franklin Rd., Pine Street and Ten Mile Rd, or Cherry Lane as additional entrances to the City of Meridian from the West and will accommodate a joining of growth from Nampa with the thousands of homes under construction there, the new Idaho Center and the New BSU West Campus. Meridian cannot afford to over look that more multi -use projects need to be developed on the West Side of town instead of limiting it to single family as long as the services of water and sewer are available. Don't continue to approval all projects offered on the East end of town for single family, multi -family, mixed use and commercial and turn down projects on the West end that are people friendly, conducive to foot traffic, offer amenities, services and create a sense of place. The 1993 Comprehensive Plan helped set values to be perceived and looked forward to by landowners. The new Comprehensive Plan appears to be setting a precedent for devaluation of properties by eliminating the concept of "Traditional Neighborhoods" and by not recognizing the new corridors of growth in Franklin Rd., Pine Street and Ten Mile Rd. or Cherry Lane. We ask the City to take another look at the planning effort in the new proposed Comprehensive Plan and review the videotape, "Subdivide and Conquer." We can make one available to you for review. Meridian has for some time promoted the concept that "Meridian Is The Place To Be", and that we don't want to be a bedroom community to any other City. As we look at what we would perceive to be slipping back to single family sprawl on the West side of town, we ask that our City Planners implement forward thinking in the new Comprehensive Plan as well as within the thinking processes in the way we do business in The City of Meridian. Let us as a progressive community take advantage of "New Urbanism Concepts." Respectfully submitted by the Pine Street and Ten Mile Land Owners Neighborhood, /,9'61 Al. 7250 z9y5 w- pwr A✓E, 77e,�u 1� 960 N. MAw XA iot— Ke uh Ada County Highway Distric `b - 05- V 0 318 E. 37th Street Boise ID 83714 (208) 387-6100 (208) 387-6391 F -RCE1vhl) CITY OF FC CITY CLERK OFFICE Please Deliver to: CITY CLERK Fax #: 888-4218 Company: From: Christy Richardson Fax #: (208) 387-6391 Phone: (208) 387-6178 Pages: 10 Message: The ACHD Commission took one more look at Valeri Heights last week. Here is the revised report for the City Council meeting tonight. AUG 15 '00 07:35 PAGE.01 ADA COUNTY HIGHWAY DISTRICT E C E IVED Planning and Development Division�� �� Development Application Report REVISED CITY OF MERIDIAN Preliminary Plat - Valeri Heights/MPP00-005 Ten Mile Road/Pine StQTY C L E R K O F F I C E MAZ00-006/MCUP00-014 Valeri Heights is a 10 -lot residential/commercial subdivision on 12.73 -acres. The applicant is also requesting conditional use approval to construct a 128 -unit apartment complex, and a 26,000 -square foot office/commercial complex, with a rezone from RT to R-15 and LO. The site is located at the northeast corner of Ten Mile Road and Pine Street. This development is estimated to generate 1.320 additional (10 existing) vehicle trips per day based on the submitted traffic study. On March 8, 2000, the Commission reviewed and approved Valeri Heights. The applicant is now proposing to construct a traffic signal at the intersection of Pine Street and Ten Mile Road, construct offsite sidewalk improvements, and would line to modify the requirement to extend stub streets into the site. The following report addresses the changes to the site plan. Roads impacted by this development: Ten Mile Road Pine Street Lightning Way Gray Cloud Way ACHD Commission Date — August 9, 2000 - 7:00 p.m. REGULAR AGENDA ITEM Facts and Findings: Valeri Heights.REV Page 1 AUG 15 '00 07 36 PAGE.02 A. General Information Owner - David & Shirley Fuller Applicant — David Bailey RT - Existing zoning R-15/LO - Requested zoning 12.73 - Acres 10 - Proposed lots (8 townhouse lots, 1 commercial lot, 1 apartment lot with 128 units) 136 - Proposed dwelling units 26,000 - Square feet of proposed commercial/office building 272 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ten Mile Road Minor Arterial with bike lane designation Traffic count of 8,740 on 4-6-00 (n/o Pine Street) 680 -feet of frontage 58 -feet existing right-of-way (33 -feet east of centerline) 96 -feet required right-of-way (48 -feet from centerline) Ten Mile Road is improved with 30 -feet of pavement without curb, gutter or sidewalk abutting the site. Pine Street Collector with bike lane designation Traffic count of 2,298 on 4-6-00 (e/o Ten Mile Road) 830 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 70 -feet required right-of-way (35 -feet from centerline) Pine Street is improved with 23 -feet of pavement with no curb, gutter or sidewalk. Lightning Way Local street No traffic count available 0 -feet of frontage No additional right-of-way required Lightning Way is improved with a 37 -foot street section with curb, gutter and sidewalk Gray Cloud Way Local street No traffic count available AUG 15 '00 07 36 Valed Heights.REV Page 2 PAGE. 03 0 -feet of frontage No additional right-of-way required Gray Cloud Way is improved with a 37 -foot street section with curb, gutter and sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Ten Mile Road was overlaid in 1999. C. On September 8, 1999, the Commission reviewed and approved Valeri Heights. The previously approved site was estimated to generate 1,400 vehicle trips per day. The applicant has changed the site plan eliminating the driveway on Ten Mile Road. That application was denied by the City of Meridian, and this report addresses the changes to the site plan. D. The applicant is proposing to signalize the Ten Mile Road/Pine Street intersection. (This is not an ACHD requirement, but staff supports the installation of the signal — see attached letter from Terry Little, dated May 15, 2000) If the applicant constructs the signal, the following requirements should apply: I. The applicant should be responsible for all of the related intersection improvements, the signal design and construction. ACHD will supply the signal hardware and will review all of the plans for the design and construction of the intersection and signal. 2. The applicant is proposing to construct three 12 -foot wide lanes along Ten Mile Road and Pine Street abutting the parcel for the intersection improvements. The outside lanes should be constructed 14 -feet wide with 3 -foot wide gravel shoulders. The center turn lane should be constructed 12 -feet wide. 3. The applicant should provide a pedestrian connection to the signalized intersection from the site. 4. The applicant is proposing to include a private road with the signal and intersection improvements. The road should be paved back a minimum of 50 -feet from Ten Mile Road and should align with Pine Street on the east side of Ten Mile Road. The applicant should reconstruct the south leg of the intersection to accommodate the improvements to the north. E. The applicant is proposing to construct a 30 -foot wide driveway on Pine Street, located approximately 320 -feet east of Ten Mile Road. District policy requires that driveways on collectors be located a minimum of 175 -feet from controlled intersections. The Pine Street/Ten Mile Road intersection is currently stop controlled. The proposed driveway location meets District policy. The applicant is proposing to signalize the intersection. Driveways on minor arterials should be located a minimum of 315 -feet from the intersection. F. The applicant should be required to construct a center turn lane on Pine Street for the Pine Street/driveway intersection. The turn lane should be constructed to provide a minimum of 100 -feet Valeri Heights.REV Page 3 ALIG 15 '00 07:37 PAGE.04 of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. H. The applicant is proposing to construct Lightning Way to connect to an existing stub street on the north side of the site that was constructed with the Thundercreek Subdivision. At the meeting on August 9, 2000, the Commission heard testimony from staff and neighbors regarding the connection. The street connection would have minimal positive or negative impacts on the neighborhood, due to the Ten Mile Road connection to this site, and to the subdivision to the north. The Commission recommended that Lightning Way not be extended into this site from the subdivision to the north. The applicant should be required to complete off-site street improvements (curb, gutter and sidewalk) at the terminus of the existing Lightning Way to complete the street section. I. The applicant is proposing to construct a public street off Ten Mile Road, located approximately 430 -feet north of Pine Street. District policy requires the street to be offset 315 -feet from the intersection of Pine Street and Ten Mile Road. The proposed street location meets District policy. The applicant should extend this public (or private) street into the site approximately 200 -feet and terminate the roadway with an ACHD approved turnaround, if the roadway is a public street. The applicant should be required to construct a center turn lane on Ten Mile Road for the public street/Ten Mile Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. K. The applicant is proposing to extend Gray Cloud Way into the site at the north property line and stub the street at the east property line. At the meeting on August 9, 2000, the Commission heard testimony from staff and neighbors regarding the connection. The street connection should be extended to the property line as a stub street. The Commission recommended that the applicant construct Gray Cloud Way to the east property line, as proposed, with an ACHD approved turnaround, and completed street improvements in the turnaround, in case this street does not get extended in the future. The Commission also recommended that the applicant construct an island in the turnaround that would serve as traffic calming in the future if the street is extended. In addition, the applicant should provide a sign at the terminus of the street stating that "THIS ROADWAY WILL BE EXTENDED IN THE FUTURE." L. The applicant should be required to locate driveways within the subdivision, a minimum of 50 -feet from Ten Mile Road, Pine Street and internal street intersections. M. The applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Valeri Heights.REV Page 4 AUG 15 '00 07:38 PAGE.05 N. The applicant should be required to construct 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. O. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. P. The neighborhood residents are concerned with pedestrian safety along Ten Mile Road. The applicant has approached property owners on the east side of Ten Mile Road about constructing a 5- foot wide concrete sidewalk as anextension of the existing and required sidewalk on Ten Mile Road. If the applicant is willing to work with the property owners to dedicate right-of-way offsite along Ten Mile Road, ACHD will purchase the necessary right-of-way (48 -feet from centerline) for fair market value with impact fees. If property owners are not interested in right-of-way dedication, the applicant should provide a sidewalk easement for all sidewalk located outside of the right-of-way. All offsite sidewalk should be located to match existing improvements (41 -feet from centerline to near edge of sidewalk) and will be constructed at the developer's expense. Q. The applicant should be required to install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. If the applicant constructs a driveway off of Ten Mile Road in lieu of a public street, then a standard 30" by 30" STOP sign should also be required at the intersection of Ten Mile Road and the driveway (public street). R. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. S. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Valera Heights.REV Page 5 AUG 15 '00 07:38 PAGE.06 Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Dedicate 35 -feet of right-of-way from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. If the applicant constructs a traffic signal at the intersection of Pine Street and Ten Mile Road, the following requirements shall apply: a. The applicant shall be responsible for all of the related intersection improvements, the signal design and construction. ACHD will supply the signal hardware and will review all of the plans for the design and construction of the intersection and signal. b. The outside lanes on Pine Street and Ten Mile Road shall be constructed 14 -feet wide with 3 -foot wide gravel shoulders. The center turn lane shall be constructed 12 -feet wide. c. The applicant shall provide a pedestrian connection to the signalized intersection from the site. d. The private road shall be paved back a minimum of 50 -feet from Ten Mile Road and shall align with Pine Street on the east side of Ten Mile Road. e. The applicant shall reconstruct the south leg of the intersection to accommodate the improvements to the north. 4. Construct a 30 -foot wide driveway on Pine Street, located as proposed, approximately 320 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Pine Street and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 5. Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a public (or private) street off Ten Mile Road located as proposed, approximately 430 -feet north of Pine Street. Extend the street into the site approximately 200 -feet and terminate that section of the roadway with an ACHD approved turnaround, if it is constructed as a public street. 7. Complete off-site street improvements (curb, gutter and sidewalk) at the terminus of the existing Lightning Way. Valeri Heighis.REV Page 6 AUG 15 '00 07:39 PAGE.07 8. Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Extend Gray Cloud Way into the site at the north property line and stub the street at the east property line, as proposed. The applicant shall construct Gray Cloud Way to the east property line with an ACHD approved turnaround, completed street improvements in the turnaround, and an island in the turnaround that would serve as traffic calming in the future if the street is extended. Coordinate the design of the turnaround and island with District staff. In addition, the applicant shall provide a sign at the terminus of the street stating that "THIS ROADWAY WILL BE EXTENDED IN THE FUTURE." 10. Locate driveways within the subdivision, a minimum of 50 -feet from street intersections. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement. 11. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 - foot wide concrete sidewalks within 50 -feet of right-of-way. 12. Construct a 5 -foot wide concrete sidewalk on Pine Street abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 13. Construct a 5 -foot wide concrete sidewalk on Ten Mile Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 14. If the applicant constructs a 5 -foot wide concrete sidewalk offsite as an extension of the existing and required sidewalk on Ten Mile Road, provide a sidewalk easement for all sidewalk located outside of the right-of-way. All offsite sidewalk shall be located to match existing improvements (41 -feet from centerline to near edge of sidewalk) and will be constructed at the developer's expense. ACHD will purchase right-of-way from affected property owners at fair market value. 15. Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. If the applicant constructs a driveway off of Ten Mile Road in lieu of a public street, then a standard 30" by 30" STOP sign shall also be required at the intersection of Ten Mile Road and the driveway (public street). 16. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 17. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Valeri Heights.REV Page 7 AUG 15 '00 07:40 PAGE.08 Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commissions action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall slecificall, identify 'dentify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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 Valera Heights.REV Page 8 AUG 15 '00 07 41 PAGE.09 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning & Development Staff Date of Commission Action: August 9, 2000 Valera Heighls.REV Page 9 AUG 15 '00 07 41 PAGE.10 July 15, 2000 FIE C E YVE )j _I U I- 1 7 29co Meridian City Council CITY OF ERIDIAN 33 East Idaho Street Meridian, ID 83642 Dear Mayor Come and Councilmen, As the attached copy of the letter to Vickie Welker dated 6-23-2000 indicates, we did not feel like the first Neighborhood Meeting accomplished much. We would, however, like to summarize what we heard offered by the Valeri Heights development team at the second Neighborhood Meeting which was held of 7- 11-2000, and we would like to share our current opinion of the proposed development. It was our understanding from the 7-11-2000 meeting that: 1. The Office Complex plan has been revised to include a walkway through the center. 2. The developer will provide a Traffic Signal at the Intersection and include left turn lanes off of both Pine and Ten Mile. The unpaved portion of Pine will align with the paved portion at the intersection. 3. The developer will extend the Sidewalks on the east side of Ten Mile from Pine to Cheng Lane with the exception of two houses between Thunder Creek and the Stonehouse Church whose owners do not want sidewalks. The developer is looking into placing asphalt strips in the ACHD right-of-way at these points if it does not create a bigger safety hazard for pedestrians than having none at all. 4. The project engineer believes it is possible to Sink the Apartment Buildings closest to the existing subdivision a total of six feet without interfering with the sewer system. According to his perspective drawings, the view from the backyards of 1124 and 1148 Lightning would include the roof -lines of the garages and apartment buildings. The apartment windows and balconies would not be seen from the backyards of those two homes. 5. The Issue of Traffic from the Apartment Complex into the Subdivision is being addressed by the developer offering to put fire ga on Lightning and Grey Cloud which would allow bicycle and pedestrian traffic to flow through, but not motorized traffic. Emergency access would be provided by remote control entry through the fire gates. Our current opinion of the Valeri Heights proposal is "cautiously optimistic." We will most likely never be "in favor" of an apartment complex which is so large and dense on this problematic comer, but we can be "fess opposed" to it. We would strongly encourage the Meridian City Coundl to issue the following conditions should they decide to approve this project: a. A fully functional traffic signal must be provided at the intersection of Pine and Ten Mile Roads which includes left tum lanes off both streets and which causes the paved and unpaved portions to be aligned. Should ACHD decline to provide July 13, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING July 18, 2000 APPLICANT Vicki Welker / Gold River Companies, Inc. ITEM NO. REQUEST CUP for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones - NE corner of Ten Mile and Pine Avenue Re -Noticed for public hearing 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: COMMENTS See previous item packet OTHER: Contacted: y <- Date: 1 ��� l L% Phone:> Materials presented at public meetings shall become property of the City of Meridian. hardware for this project, the developer should be required to fund the entire cost of the project. b. The developer should be required to put in sidewalks as described above on Ten Mile from Pine to Cheng Lane in order to provide for the safety of the residents of the complex as they walk to schools and shopping centers. c. It does not make aesthetic sense to place three-story apartment buildings adjacent to a single-family subdivision. The developer should be required to ins k the apartment buildings closest to the subdivision as described above as well as providing landscaping, fences, and the garages so residents see only rooflines of the buildings. If it is not possible to sink the three-story buildings to achieve this, the developer should be required to provide a transition area of two-story buildings before three-story buildings are introduced. d. Since the additional traffic from the apartment and office complex creates a safety problem for children playing in the subdivision, the developer should be required to install fire gates which are remotely activated by emergency vehicles on Lightning and Grey Cloud streets. Should Ada County Highway District object to the blocking of these streets, Meridian City Council should write a letter of support on behalf of the developer for this situation which deserves a reconsideration of and an exception Granted to ACHD's current streets -must -go -through nolicv Residents of the adjacent subdivision could also be asked to write letters of support. In order to hold the developer accountable to the conditions, we believe it is vital to request that these conditions are fulfilled prior to a Certificate of Occupancy being issued for the buildings on this property. Thank you for your consideration of the safety needs of the residents of this area. Sincerely, '15avid Atkinson Irma Cainon Atkinson Jessica Atkinson 1124 N. Lightning (age 12) Meridian, ID 83642 enclosure June 23, 2000 Vickie Welker Gold River Company 6223 N. Discovery Way Boise, ID 83713 Dear Vickie, The purpose of this letter is to summarize what we talked about during our conversation outside of City Hall following the Meridian City Council Meeting on Tuesday, June 20. I would also like to share my observations from the neighborhood meeting you had on Thursday, June 15, and the comments I have heard from neighbors who were unable to attend your neighborhood meeting due to the extremely short notice we received. It was my observation at the neighborhood meeting on 6-15-00 that those who live in Thunder Creek and Haven Cove subdivisions which are most directly impacted by Valeri Heights were under -represented, perhaps due to using outdated property owner lists when you mailed invitations to the meeting. As I have suggested before in my 6-5-00 letter to you, if you sincerely wish to be working with the neighbors of Valeri Heights, please give advanced notice of meetings (48 hours was not adequate to those who work or who were out of town) and place invitational flyers on the doors of homes in the adjacent subdivisions. At the neighborhood meeting, the issues of concern which I heard and your response to those issues included: I. Traffic Safety. Neighbors are adamant that a fully functional (red/yellow/green) traffic ajogl be required by City Council. Those neighbors who live on the unggved section of Pine are adamant that the intersection be designed so that their portion will be aligned with the paved portion. Neighbors are adamant that the intersection design include left turn lanes on both Pine and Ten Mile. It is my understanding from reviewing the 5-16-00 City Council minutes that, should Ada County Highway District decline to provide the hardware for the signal, you are willing to fund the traffic signal lesion hardware and installatti n entirely. Mr. Bailey indicated that a left turn lane would not be provided off of Pine unless traffic counts warrant it. However, the biggest traffic problem is left turns off of both Ten Mile and Pine. This is a concern! You and Mr. Bailey indicated drawings of the proposed intersection could be provided at the next neighborhood meeting. 2. Pedestrian Safety. Neighbors are adamant that sidewalks be provided so that residents of Valed Heights will not be forced to walk on Ten Mile and Pine to get to schools, parks, and stores. Valeri Heights cannot be an island with sidewalks which go nowhere! Resvonse: It is our understanding that you are looking in to obtaining right-of-way and easements to extend the sidewalk from Valed Heights down Ten Mile to Cherry Lane on the east side. It is our understanding that Mr. Bailey should know by next week if this is possible. If it is not possible to extend sidewalks to Cherry Lane for pedestrian safety, this will continue to be a concern. Pedestrian traffic on Pine Street down to the High School is also a concern which has not been addressed. 3. The Plan for the ice Complex. In reviewing the 5-16 minutes, the Mayor, members of City Council, and some neighbors are concerned about mixing Office and Apartments. Resin.• At the meeting you proposed requesting that the Southwest corner of the property be annexed and zoned for office use but left undeveloped until a later date. The neighbors were uncomfortable with leaving it undeveloped and adamant that an acceptable plan be presented with the rest of the Valeri Heights proposal. - You promised that Apartment Complex services (pool and clubhouse) will close down by 10:00 p.m. as well as any businesses operating in the office area. Neighbors would like to see this in writing. - You also suggested moving the pool away from the Pine side and toward the existing subdivision; this move will increase the noise level near the existing subdivision and the idea was not well-received. 4. Better Buffering/Transition between the Apartments and the Single Family Homes. As I have driven around Boise, Meridian, and Nampa, I have noticed that three-story apartments are not inflicted on existing subdivisions! Where I have seen three-story apartments, they do not border on single family residences. Where I have seen three-story apartments, they are surrounded by commercial development, other apartment complexes, or vacant lots. I have seen apartment complexes which include two- and three-story units; in those complexes, the two- story units as well as their garages and landscaping serve as a buffer/ transition between neighboring homes and the three-story units. In the 5-16-00 Council minutes the lack of transition between the existing single-family subdivision and the three-story apartments is cited as a concern; it is suggested that single -level duplexes or additional townhouses be built between the subdivision and apartments. Resvonse: You have been adamant that you will not change your current design. The buffering you have offered includes: fast-growing trees, fencing or building a berm with a fence on top, and breaking up the bunker -like garage roofline with taller units for R.V.'s. This is not an adequate transition from the existing single- family subdivision to the three-story apartments! 5. The Density and the Three -Story Buildings. Those whose lives will be most effected by Valeri Heights are adamant that three-story buildings not be inflicted on their neighborhood. No one wants to go out in their yards and see three-story apartment buildings. It has been suggested that two-story apartments would be less intrusive and raise less objections. 3 Rinse: - You have been very clear that you are not willing to consider two-story apartments because it will lower the total density of your development and that effects how much money you will make on this project. - At one point you offered to have a two-story building close to the north side, a combination two- and three-story building, and two three-story buildings closer to Pine. However, you then stated you would have to pay for more drawings of buildings and you were not willing to put more money into this project. You had also offered the idea of making the building closest to the neighboring subdivisions two-story and the other buildings solid three-story buildings so you would not lose your density. However, you stated you did not want to do this as solid three-story buildings are not as attractive as the current design. - Mr. Bailey was going to explore the idea of sinking the elevation of those buildings closest to the neighboring subdivisions, but he was concerned about the water table and sewer system. It seems to me that those issues which are of greatest concern to those of us who live here (density, three-story vs. two-story, and transition between the single family subdivision and the apartments) are those issues which you are least willing to address. You have been quite clear that you will not change the current building design and density. You have frequently cited the additional expense of a traffic signal and sidewalks as the reason you cannot make any other changes so this project will fit into the existing neighborhood. The thought which comes to my mind is "If this project is so grand and expensive that changes cannot be made which will increase traffic and pedestrian safety and make the density and design fit in better with the existing neighborhood, IS THIS THE RIGHT PLACE FOR YOUR DEVELOPMENT?" As you continue to hold neighborhood meetings to satisfy the City Council members, I would again encourage you to provide adequate notice (perhaps one week or two weeks) and to demonstrate a willingness to work with those in the adjacent subdivisions by placing flyers with the meeting information on the doors. You have offered to have Mr. Bailey use a computerized program to demonstrate to the neighbors exactly what they will see from their homes and yards. If the computerized program can answer questions about exactly what neighbors will see from their homes and yards, I would strongly encourage you to make this tool available as soon as possible. Sincerely, S ca Irma Calnon Atkinson 1124 N. Lightning Meridian, ID 83642 (208) 884-3739 Ada Countv'wivkwav c9bijtrict Judy Peavey -Derr, President S 16 r-dbL J / U 1 0 CGL Dave Bivens, 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 July 13, 2000 Meridian City Council �C]EjN7ED 33 E. Idaho Street Meridian, ID 83642 J U L 17 2000 Re: Proposed Valeri Heights Subdivision MY OF MERIDIAN Honorable Mayor Corrie and City Council Members, You received a letter from Terry Little (dated May 15, 2000) with recommendations regarding improvements to the intersection of Ten Mile Road and Pine Street, including options for an all - way stop, or a traffic signal, and the extent of ACHD participation. ACHD understands that the Meridian City Council is going to reconsider this preliminary plat application. Staff feels that it is important that the ACHD Commission fully evaluate the impact of this development in and around the intersection, and determine funding options (if any) for improvements. There have also been some concerns raised in the last week regarding offsite sidewalk improvements and the connection of stub streets to the abutting neighborhoods. We would respectfully request that you defer action on this item until the ACHD Commission has the opportunity to revisit this development application, and involve input from the neighbors and the developer. Sincerely, Christy Richardson Principal Development Analyst Cc: David Bailey, Hubble Engineering Vicki Welker, Gold River Companies City of Meridian, Planning & Zoning Irma Atkinson ACHD Commissioners C. .61. Uocumems'.ralerimenur dnc Tony & Tracey Garner 680 N. Ten Mile Road Meridian, ID. 83642 HM: (208) 888-5309 July 11, 2000 City of Meridian Mayor & City Council 33 E. Idaho Street Meridian ID. 83642 Dear Mayor & Council members, RECEIVED AULOC City of .:Aeridian City Clerk Office We are writing this letter in regards to the Valarie Heights development on 890 North Ten Mile Road in Meridian, Idaho. Unfortunately we cannot attend the City Council meeting to express our strong support of this project. As direct neighbors of the proposed development, we are greatly concerned in any development that surrounds our property. Naturally we do not want any projects to take place that will decrease our property value and not enhance the surroundings. There are several features in the proposed development we feel will enhance our property value and create better pedestrian and automobile traffic flow for all of the surrounding neighbors. The proposed traffic light will alleviate the current unsafe and problematic intersection of Ten Mile Road and Pine Avenue. The traffic light will implement turning lanes to expedite traffic flow. There is approximately one mile of sidewalk proposed that the developer is willing to install on the property and on other pieces of privately owned property. The landscaping has been professionally designed by one of the top Landscape Architect firms in Idaho. The developer has proposed over $400,000 for landscaping only, which has to be one of the largest in Meridian's history. The landscaping will include several hundred trees and small bushes to enhance the development and all surrounding properties. There are very few developers who are willing to invest this much money in landscaping. After the landscaping is installed it will be professionally maintained to assure that the development looks clean and neat 24 hours a day. This management company and landscape maintenance crew will not allow garbage, broken down vehicles or any unsightly objects on the grounds. Unfortunately most residential subdivisions don't enforce these practices because the developer turns over the maintenance to the homeowners association in which funds can be limited. These are just a few of the positive features of this proposed development. We challenge the Mayor and the City Council Members to find another developer who will agree to invest over $400,000 in landscaping, hire a professional landscape maintenance crew to assure the complex is beautiful 24 hours a day, install a traffic light with turn signals, install one mile of sidewalk and seek input from the surrounding neighbors from the initial designing stages of the project. If this project does not get approved and if another developer is not willing to complete all of the features of the Valarie Heights project, we are going to be very upset and disappointed in the City's decision. We hope you will approve this development and look at all the positive aspects it will create. Sincerely, J&-� x�- Tony & Tracey Garner gal .��►�,;,�COMMUNITYPLA ININIING ASSOCIATION Of SOUTHWEST IDAHO 1 413 West Idaho Street • Suite 100 • Boise, ID 83702-6064 2407 Caldwell Boulevard • Room 121 • Nampa, ID 83651 1 PECEIVED -7 2000 MEMORANDUM AUL 1 .1 City of Meridian TO: Sheri Stiles, Planning Director, City of Meridian City Clerk Office FROM: Sue Hansen, Technical Analyst I DATE: June 14, 2000 RE: CUP -00-014, Conditional Use Permit Annexation and Rezone Application for Valen Heights Subdivision Community Planning Association of Southwest Idaho (COMPASS) staff has had the opportunity to review the above mentioned subdivision and has the following comments: The application is for 136 residential units (townhouses and apartments) with 26,000 square feet of office/commercial development on the north east corner of Pine Street and Ten Mile Road. The development proposes access off both Pine Street and Ten Mile Road with two additional connections to Thunder Creek Subdivision to the north. COMPASS would like to take this opportunity to commend the applicant for proposing a pedestrian friendly project that has a clear possibility of future transit oriented design. The project is designed to reduce external trips by combining office and retail space with medium density (13 units per acre) residential uses. What that equates to is providing goods and services and/or jobs within walking distance to residences, whereby reducing automobile trips. Also, the project is located about 1/4 of a mile from the rail corridor. While there are no rail services at this time, members of the Treasure Valley Partnership have expressed a commitment to support such a vision. The Ten Mile Road Interchange, when constructed, would provide an excellent location for a rail station. If a different location is selected for a future rail station, this project could provide a shuttle service to such a location. A development that can provide a significant reduction of automobile trips, such as this, should be applauded. COMPASS would like to make the following recommendations: Development of a transportation management plan in coordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. The specific strategies should identify how the development will meet a 10% trip reduction goal during peak hour traffic. It should also provide short term and long term scenarios for trip reduction goals. (208) 345-5274 • Fax (208) 345-5279 0 wzww.planning.cog.id.us 0 (208) 426-4744 0 (208) 4264745 In addition to the ACHD requirements, cross walks should be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the kids walking to and from school (across Pine Street). Thank you for the opportunity to comment. If you should have questions please call me or e-mail me at shansen(a-)planning.co .id.us K:data\wp\sh\Meridian\Valeri PC: Mayor Robert Corrie Vicki Welker, Developer File: 540.14 Planning Support City of Meridian IUU'-VVV:'0A.VL July 18, 2000 Members of Meridian City Council; l3� r. U U 1 FBCIrTVED J U L 1 ; 2000 CITY OF MERIDIAN As we have the opportunity to present our project to you again tonight we would like to thank you for your consideration. As requested we have prepared a chronological history of the project from the first design efforts. The property was first under contract as of 2-23-99. We worked with the Planning and Zoning staff and designed the project four times before submitting our first application on August 1, 1999. In June and July of 1999, we attempted to contact the neighbors, builders, developer and realtor in the Thunder Creek subdivision to get their input before our application was submitted. We were only able to contact the developer and the realtor. We held our first neighborhood meeting on September 8, 1999. The submitted design was turned down at Planning and Zoning on September 14, 1999 and again at City Council on October 19, 1999. We spent from that date to February 1, 2000 when we again submitted our application polling the members of Planning and Zoning and City Council and redesigning the project wherein we felt that we had addressed every issue that had been in question. We held our second neighborhood meeting on March 28, 2000. The project was again heard before Planning and Zoning on April 11, 2000 with a reduction of 28 units along with an offer to install a traffic light. The project was passed on to City Council with their approval along with a recommendation of approval from P & Z staff and Compass. At the last City Council hearing on May 16, 2000 the project was again declined for approval. We put in the request for reconsideration of vote from City Council and received a schedule for this hearing on the basis that we obtain a consensus of support from the neighbors along with several design suggestions that we have incorporated. We have subsequently held two additional neighborhood meetings on June 15, 2000 and July 11, 2000. We would now like to take a minute to describe the project as it is now presented and go over in detail the conditions and changes we have agreed to. We have proposed a 26,000 sq. ft. office building, that will provide necessary services to support the existing residential neighborhoods, 8 townhome lots that can be owned individually, and a 128 unit luxury apartment complex. A total of 8 buildings will be constructed with 16 units per building. The apartment buildings will be a combination of two stories and three stories. All buildings will have variations in red brick fascia along with a textured siding. The roof materials will consist of architectural asphalt shingles with the popular hip roof styling. The proposed exterior colors will be a mixture of pale greens to hunter greens to be used on siding, window and door trims and doors. A clubhouse and swimming pool/recreation area will be provided. The clubhouse will include an exercise area, clubroom, kitchen, restrooms with lockers and showers, business center and managers office. The swimmingpool will include a patio/hot tub area and will be enclosed by exterior fiencing for security and safety. The exterior will be consistent with the apartment and office buildings. The complex will also include a fenced playground area with equipment, a gazebo and water fountain for the use and relaxation of all residents. JUL 17 '00 17:08 2086728201 PAGE.01 . .... .. ___ .... _ A u u• r v v v - v& V 1 r. uuz We have agreed with the neighbors that we will install a fully functioning traffic light at the intersection of Ten Mile Road and Pine Street with left hand turn lanes on both streets. We will also as part of that effort realign Pine Lane on the West side with the written permission of the Episcopal Church. At this time, they are willing to accept a proposal from us. 2. We have redesigned the office building to include a more decorative window and door style on both sides of the building and we are including in the building design a weather access and cut through to the traffic signal and buses per the request of the neighbors and City Council near the center of the building. We have agreed with the neighbors that any businesses that operate in the office complex other than office users would have day time operations and that evening hours open for business would be restricted to 10:30 in the evening. There will be no bars or other such operations. The neighbors have requested that the design of the office building remain as is and not be turned toward the street. 3. We have agreed to file the Ten -Mile drain on this property as required by City Council. 4. We have moved the set backs for the garage buildings along the Northern and Eastern borders of the property from 10 feet to 1S feet to accommodate the neighbors and City Council. 5. We are reducing the number of garage units to add more open spaces with landscaping between those buildings per the request of City Council wherever it seems appropriate without reducing those units to less than one plus 15% garage units per apartment unit or less than one open parking space per unit. We will also add several recreation parking garage spaces in place of regular garage spaces to add a visual break in the rooflines of several of the garage buildings. The neighbors have declined the idea of having brick on the backs of the garage buildings. 6. We have agreed with the neighbors that together we will make a request of the Meridian Fire Department and ACRD to allow the development to install fire gates of some agreed upon design between Valeri Heights and Thunder Creek at the expense of the development. 7. We have agreed with the neighbors that at the expense of the development, we will install temporary sidewalks on the East side of Ten Mile from Thunder Creek to the LDS Church where ever we can obtain written permission from the recorded owners. 8. We have agreed with the neighbors that we will reduce the height of the two most Northerly three story apartment buildings by grading below the existing ground level so that the neighbor's site line from the Atkinson, Walther and Staley homes should be only the roof lines and upper most part of the units on the third story of the building from the ground level of their yards above the garages. This will constitute the area above the doors and patios and will be approximately a two and one half -story height from ground level as can be engineered in accordance with the sewer requirements. We will adjust the height of the other buildings accordingly to retain an overall pleasing look of the project. JUL 17 100 17:08 2086728201 PAGE.02 v v u. • v 1� ... � � . v . v .� ...... v.� i. y v v � l � � u ., v u . u u r v v v r v r � a 9. On the basis of an approved project the development has agreed with the neighbors that regardless of budget constraints or the new proposed comprehensive plan, the development will not return with a request for more than the allowed R 15 density or any commercial application for change of use except what is allowed with the LO designation under conditional use for the office building. As two separate lots the development can be phased between the LO and R15 designations. The development will not be required to make offsite improvements where private property ownership permission can not be obtained. 10. The development has agreed to work with the neighbors of the Thunder Creek Subdivision to make memberships in the Valeri Heights Subdivision Homeowners Association available on a payment basis at a rate to be agreed upon so that the benefits of the apartment amenities can be shared with them. Neighborhood parties will be arranged to accommodate any other neighbors. 11. We will continue to work with the neighbors on specific ideas about fencing, neighborhood parties, marketing ideas and other issues. As a conscientious development company we know that there will be future ideas to share. We have agreed with the neighbors that any issues that arise on both sides will be negotiated with neighborhood meetings prior to any involvement with Planning and Zoning or City Council. Tonight, we bring to the table the consensus that you requested along with letters of support and testimony from many of the neighbors along with a letter of recommendation from Compass who has also reviewed the project because of its proximity to the proposed rail spur. We feel that this is one of the nicest projects to be offered to the City of Meridian in some time and we are very proud of the effort we have made to accommodate everyone that we could in that effort. We have made the specific commitment to be a good neighbor and will honor that with an open line of communication as this project goes forward. We have complied with every request that the City of Meridian has given us. We know that we deserve an approval for this project and hope that you agree. We look forward to presenting many more quality projects for your review. Sincerely, Vicki Welker Gold River Companies, Inc President JUL 17 '00 17:09 Jeffrey A. Strother Development Partner 2086728201 PAGE.03 1 . V V V June 15, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Vicki Welker ITEM NO. REQUEST Tabled from June 6, 2000 - Findings - CUP for proposed Valeri Heights Sub for 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road 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 Previous Item Packet Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM PtFcF'1v-ED To: William G. Berg, Jr. MAY 2 6 2000 From: William F. Nichols CITY OF MERIDIAN Subject: VALERI HEIGHTS SUBDIVISION BY: VICKI WELKER / CUP -00-014 Date: May 24, 2000 Will: Please find enclosed the ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT, in the above matter. I have prepared this ORDER in anticipation of the City Council's action in Valeri Heights Subdivision's annexation and zoning, Case No. A7--00-006. If the Council approves the proposed Findings of Fact and Conclusions of Law and Decision and Order in item no. AZ -00- 006, then the Council could proceed to consider this proposed CUP DISMISSAL ORDER. msg/Z:\Work\M\Meridian 15360M\Valeri Heights AZ\CityCIkCUPDismissalOrder.ltr June 2, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT Vicki Welker / Gold River Companies ITEM NO. REQUEST FF - CUP for proposed Valeri Heights Sub for a 128 -unit apartment complex, townhouse and office on 12.73 acres - northeast corner of Pine Avenue & Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Materials presented at public meetings shall become property of the City of Meridian. U� 323 4V oo �► �� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI -FAMILY TOWNHOUSE/OFFICE VALERI HEIGHTS SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF W. PINE STREET AND S. TEN MILE ROAD, MERIDIAN, IDAHO BY VICKI WELKER 05-24-00 CUP -00-014 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 16th day of May, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judicial notice of the Record in Case No. AZ -00-006, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: David Bailey, Pat Dobie a Traffic Engineer, Scott Harrison the Project Designer, and Michael Marceeze a Property Manager, and appearing and testifying with comments/concerns or in ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY VICIG WELI<ER (CUP -00-014) opposition were: Dave Fuller, Erma Calhoun Atkinson, Rick Lambert, Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas, Reese Walther, Brian Pearson, Margie Schraeder, and Seth Meyer, and additionally added to the record were the "Petition Against Valeri Heights" and several letters which were received in opposition, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order and adopt the Findings of Fact and Conclusions of Law in Case No. AZ -00-006, which is the annexation and zoning designation application for the subject property. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY VICI(I WELKER (CUP -00-014) -2 MAYOR ROBERT D. CORRIE (TIE BREAIrER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Valeri Heights AZ\FFCLOrdCUPDenial ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY VICKI WELKER (CUP -00-014) w"! ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that the subject real property will not be annexed into the City of Meridian, and based upon the City Council action of denial of the application for annexation and zoning designation and, the City therefore having no jurisdiction to issue a conditional use permit, this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED COUNCILPERSON deWEERD VOTED COUNCILPERSON McCANDLESS VOTED ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY VICIQ WELI(ER (CUP -00-014) -3 May 12, 2000 CUP 00-014 MERIDIAN CITY COUNCIL MEETING May 16, 2000 r APPLICANT Gold River Companies, Inc / Vicki Welker ITEM NO. REQUEST CUP for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 zones - NE corner of Pine Ave / Ten Mile Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P & Z Minutes See attached Recommendations BUREAU OF RECLAMATION: �" g OTHER:Q� G�.{GV�eGI ill Q/l/� 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, Wm. F. CAGRAY, In BRENT J. JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORRow WILLIAM F. NICHOLS CHRISTOPHER S. NYE PHILIP A'PETERSON STEPHEN L. PRUSS ERIC S. RossMAN TODD A. RossMAN DAviD M. S WARTLEY TERRENCER- WHITE To: Staff Appplicant At ected Property Owner(s) 200 EAST CARLTON AVENUE POST OFFicE Box 1150 MERIDIAN, IDAHO 83680-1150 Re: Application Case No. I4earing Date: TEL 208) 288-2499 FAx( 08)288-2501 Apri124, 2000 CUP -00-014 May 2. 2000 NA V PA OFFICE 104 NINTH Avo-Im SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. (208) 466-9272 FAX (308) 4664405 PLEASE REPLY TO MERMIAN OFFICE P.J �'E$v r, ... APR 2 6 2000 CIT' OF URIDLAIN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the 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: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if You disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you 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 (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a 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. Very truly yours, Ci ttorney's Offic Iyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI- FAMILY TOWNHOUSE/OFFICE SUBDIVISION, VALERI HEIGHTS GOLD RIVER COMPANIES, Applicant Case No. CUP -00-014 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the northeast corner of W. Pine Street and S. Ten Mile Road, Meridian, Idaho. 2. The owner of record of the subject property is David and Shirley Fuller of Meridian. 3. Applicant is Gold River Companies of Meridian. 4. The subject property is currently zoned R -T Rural Transitional. There is an application for annexation and zoning to Limited Office (L -O) and Medium High Density Residential (R-15) before the City Council. The zoning districts of R- 15 and L -O are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2E and G. 5. The proposed application requests a conditional use permit for a multi - RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — VALERI HEIGHTS SUBDIVISION —VICKI WELICER family townhouse/office complex. The R-15 and L -O zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. Reese Walter and Andrea Walter both testified against the project. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the recommendations of the Engineering Department and Planning and Zoning Department as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-413 and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — VALERI HEIGHTS SUBDIVISION —VICKI WELI(ER 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 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 Section 11-13-4C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 1.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 12-5-2. 1.7 All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 1.8 Screened trash enclosures shall be provided in accordance with Ordinance 11-12-1C. 1.9 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. Required landscape setbacks on Ten Mile Road and Pine Street should not be included in these calculations. 1.10 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. Staff recognizes that, due to the close proximity of Access Mini Storage just south on Ten Mile Road, this requirement could be waived. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — VALERI HEIGHTS SUBDIVISION —VICIU WELKER 1.11 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. Parking areas may be no closer than four feet (4') to any established street or alleyway. 1.12 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. 1.13 Applicant states that two monument signs will be proposed in the future, one at each entrance to the site. Staff recommends a maximum background area of 32 s.f. and a maximum height of 6 feet be placed on these signs. 1.14 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. 1.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.16 If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACHD (recorded warranty deeds) will be required prior to application for a Certificate of Zoning Compliance. 1.17 There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out should be added to this row of parking. ey/Z:\Work\M\Meridian 15360M\Valeri Heights AZ\CUPRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — VALERI HEIGHTS SUBDIVISION —VICIU WELICER Meridian Planning and ming Commission Meeting -- April 11, 2000 Page 36 Barbeiro: I need to go back to this because we are working off of the current Comprehensive Plan. If I may ask a question of staff please. Brad can you please address the current Comprehensive Plan for that corner. Hawkins Clark: Commissioner Barbeiro for the subject corner. As stated earlier, it is mixed residential designation. This does not have an a text of the Comprehensive Plan now any specific policies that speak to density or compatibility issues of neighboring properties or any such thing. What we as staff have been doing on projects that come under this designation have been comparing mixed residential to the other two types of residential that are in the Comprehensive Plana In 1993 when the current Comprehensive Plan was designed and put together, the conversations that I had with people that were part of the process, was that they intended for that mixed residential to be something other than single family residential. I wish I could point you to a specific policy in the text that would speak to that but it is simply at this point a matter of deduction. It's designed for a combination of densities. It would allow for some types of low impact commercial or office. It does have the mixed dwelling units mixed uses which we look at from an interpretation point to comply. Barbeiro: If I may ask a question of counsel. Can we use the mixed use residential discussion in the new Comprehensive Plan as intentions for this or does this plan not apply anyway. Swartley: Mr. Chairman, Commissioner Barbeiro, that Comprehensive Plan does not apply at this time so you can not, no. Borup: Questions? Okay guess we are ready for a vote. All in favor. MOTION CARRIED: 3 AYES, 1 NAY 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE FROM RT TO R-15 AND LO BY VICKI WELKER—NE CORNER OF PINE AND TEN MILE: Borup: Brad anything additional to add. Hawkins Clark: Chairman Borup, just to request that previous staff comments be incorporated in this item. Thanks. Borup: Does the applicant have anything they'd like to add. Would you like your previous testimony incorporated in too? All right. Anyone from the public? Need to come up fast. Meridian Planning and '-ming Commission Meeting -- April 11, 2000 Page 37 Fuller: Shirley Fuller, 890 N. Ten Mile. I just wanted to answer your question on why we did not want Mr. Blazer's project. The reason being because of the corner and the road and the amount of traffic. That is why when my husband and I put the property up for sale, that's why we went through the 3 different developers and we picked the one we did to fix the intersection. That is the only reason. Does that clarify it? Okay, I just wanted to make sure because I didn't think you did. Barbeiro: In addressing that concern, the impact fees from a R4 in that Subdivision, would be comparable to the impact fees that this unit would provide for and would be applied to that intersection. Fuller: Talking to the other developer, his discussing was well its okay if it's a two lane road. It is not a big deal. Yeah we have to do a little bit there, but we aren't going to. Can't afford to do a whole bunch. I am just going to put homes in there. That was their concern, okay. That is what we got back from them just to let you know. Hatcher: To bring up a point for everyone that is here and for the board as well is no matter what size the project, impact fees are paid and it basically goes into a slush fund. ACHD holes on to that money and spends it as they see fit, when they see fit. Here on this project you have a pro -active developer who will help during the development of this project, fix that intersection. Keep that in mind as well. Walter: Reese Walter, 1148 N. Lightning Place. I just can't believe that you guys are totally ignoring the 170 signatures, all except for Mr. Barbeiro, and that is from one Subdivision. I also can't believe that you guys are ignoring the new Comprehensive Plan which you have before you. Borup: Excuse me sir. We do not have a new Comprehensive Plan before us. Walter: I'm sorry the new proposed— Borup: it's not even proposed yet. All it is, is a draft by some people and we can't place any weight on something that doesn't exist. Hatcher: We just asked legal counsel 10 minutes ago and were gold that we can not address it. Walter: This is not what the City of Meridian wants and I just wanted to make that note. Fuller: Dave Fuller, 890 N. Ten Mile. I think I was clear before but Thomas—I don't think you understand when you was talking about the impact fees and the people thinking about the R-4, they were going to go ahead and fix that corner. They were not. They wanted me to keep that 2 acres on the corner. Put no sidewalks, no turn lanes, no nothing. That is what the proposal was. People are misunderstanding about the R-4. That will not fix that corner. Meridian Planning and ming Commission Meeting — April 11, 2000 Page 38 Brown: With the current Comprehensive Plan, we would have to change the Comprehensive Plan to go to an R-4. If Mr. Blazer bought that piece of property and he brought it to the City of Meridian and wanted to put single family homes on that corner, he would have to do a Comprehensive Plan amendment to put single family homes on that corner. Fuller: He did not want to buy that corner is what I am telling you. He wanted all but the corner. That is the point I am trying to get across to you. He wanted to exclude the commercial 2.3 acres. Are you with me now. Brown: I move we close the public hearing. Borup: Upps sorry. Walter: Don't have that much to say. Andrea Walter. 1148 N. Lightning Place. I really don't want it. You all know that. We all support it. I find —the owner who stood up here and said he wanted the best for Meridian and I know you guys can't talk about the new, not even proposed plan. We've been there. We've been attending those meeting because we want the best. We are trying to look for what is best for our area, where we want to stay. I don't feel the apartment complex is the best. Hatcher: I move we close the public hearing. Brown: I second. Borup: All in favor. MOTION CARRIED: ALL AYES Brown: When we meant on this site before, there was a lengthy discussion about the zoning before. At that time I was proposing the approval of that zoning which is the zoning we just approved. As I stated to applicant at that time, the project had problems. I believe that they have made an honest effort to change many of those items. Different than Mr. Blazer, facing those units to each other creates a little bit of a neighborhood. With the size of the size the applicant could have pulled those units farther apart and isolated them but this creates interaction with neighbors. They have done a good effort to make the changes that we talked about. I am happy to see that they are trying to put ADA requirements in the lower units. I think it is a good project. Barbeiro: With regard to the design of the project, I agree with Commissioner Brown. I believe that if single family homes were to go in there the impact fees would compel ACHD to at a later time complete the improvements on that intersection. I do remain compelled by the 171 signatures on this and will not vote for approval on it. Meridian Planning and -z-ning Commission Meeting April 11, 2000 Page 39 Brown: Our job is to follow what the code is. The plan in place says you have higher density and office uses on corners. That is what generates the vote that we have to do. We are trying to make the community better. But, the City Council voted in public officials have the ability to go beyond that. Are you listening Mr. Walters. Our charge is to uphold the ordinance. That is why I vote the way I do. Hatcher: One additional comment to express when this project came up before us last June or July I was a strong opponent of it. It lacked design intent. It was hap hazard. What is before us is well thought out, well designed. As a board we all come from different backgrounds and that is why we were appointed. Our job is to uphold what the City and taxpayers has set forth. Don't walk away from here thinking your public testimony is in vain. We listen, read, hear everything that you send us. We know there is a traffic problem. We are not in control of ACHD. We try to deal with it. To night I am for this project and I am one of your neighbors. I drive that area 2-4-6 times a day. That intersection with 3 lane improvement in the immediate future will be a major improvement. Borup: One thing I'd like to mention that you need to keep in mind and Brad could clarify this, there are 3 variance exceptions. Are those all still apply Brad. Hawkins Clark: The application did submit a written response to the comments and addressed those. Brown: On Item 10, conditional use permit for the proposed Valeri Heights Subdivision multi family townhouse office from an RT to an R-15 and LO by Vicki Welker on the northeast corner of Pine and Ten Mile, I would recommend approval per staffs recommendations and comments. Hatcher: Second the motion. Borup: All in favor? MOTION CARRIED: 3 AYES, 1 NAY 11. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION FROM RT TO R-15 AND LO BY VICKI WELKER—NE CORNER OF PINE AND TEN MILE ROAD: Borup: Any additional staff comment Brad. Hawkins Clark: No just request that previous testimony be incorporated. I'll point out one item in terms of the conditions on traffic, any conditions that you have talked about that you want tied to this project, need to be addressed specifically, since there are o specific recommendations in our staff report. ACHD's staff report does address some specified road infrastructure and improvements. If you are looking for conditions that May 12, 2000 City Council Members 33 East Idaho Meridian, ID 83642 Dear Members of Meridian City Council, RECEIVED Al 12- 2000 City of Meridian City Clerk Office The purpose of this letter is to share with you serious concerns we have regarding the proposed Valeri Heights Development. These concerns center on traffic/safety and on compatibility with the surrounding area. Regarding traffic and safety issues, we were confused over how Ada County Highway Commission could approve the Valeri Heights proposal and state there is no traffic problem at this intersection of Ten Mile and Pine which is less than a mile away from Meridian High School. As residents of this neighborhood, we see cars drastically exceeding the 35 mph speed limit and we see turning traffic backed up all day. Along with Laura Wilder, I met with 4 staff members at ACHD on 3-29-2000 and explored with them the information used for their decisions. We also met with Commissioner David Bivens and ACHD Supervisors Larry Sell and Joe Rosenlund on 5-9-2000. Here's what we discovered: 1. The traffic study provided by the developer and completed by Patrick Dobie was based on his reported traffic counts done on 8-6-99 when Meridian High School was not in session. (Mr. Dobie now states that he has counted traffic at other times but he has not provided details of the dates and times of such counts.) No wonder the developer's study reports there is minimal traffic at the intersection! This is a problem! 2. The traffic study by ACHD utilized information from ACHD traffic counts done on 8-26-97 and 8-28-97. Not only are these counts of 6,072 (Ten Mile south of Cherry Lane) and 1,838 (Pine east of Ten Mile) extremely outdated, but (gain) these traffic counts were done during the summer when Meridian High School was not in session. According to information provided by the Meridian School District Administration Office, the school year in 1997 began after Labor Day on September 2. This is a problem! 3. When ACHD Commissioners reviewed the revised proposal for Valeri Heights on 3-8-2000 they were not provided with their own more current ACHD traffic count of 8,551 for Ten Mile north of Pine done on 11-23-99. This is an alarming increase of traffic on this road which simply was not considered. This is a problem! 4. In the traffic study provided by the developer, Mr. Dobie cites the COMPASS prediction of traffic for this road to reach 8,550 by the year 2005. Clearly, we are exceeding this revel NOW. ACHD has not even scheduled professional (planning) services for this intersection until 2005. Improvements to this road will not occur until a few years after 2005 at best. This is a problem! �-. 2 At our May 9 meeting with Commissioner Bivens and the supervisors, they expressed an interest in studying the Ten Mile and Pine intersection and making more recommendations regarding the Valeri Heights development. It is our understanding they will be sending a letter to Meridian City Council regarding their concerns. We do not believe that approving Valeri Heights at this time (with the addition of 1,320 vehicle trips per day into this extremely inadequate intersection) is responsible city planning. The safety of this intersection which is within a half mile of Chaparral Elementary School, within a mile of Meridian High School, and within a mile and a half of Meridian Middle School must be a priority and changes must be made rior to consideration of high density projects! Even if the developer were required to put in a traffic signal, this would not resolve the safety concerns for the pedestrian traffic Valeri Heights would generate. Valeri Heights will be an island with sidewalks which connect it with nothing. Residents will be forced to walk without sidewalks to stores along Ten Mile Road. Children and teenagers will be walking along Ten Mile and Pine without sidewalks to get to elementary and high school. These are accidents waiting to happen! Regarding compatibility with the existing neighborhood, this development includes three-story apartments. It is surrounded on three sides by Rural Transition land; it borders up against a subdivision of single family homes (the majority of which are one-story). There is no need for three story apartments in this area! This development on this property is not compatible with the current (1993) Comprehensive Plan which mandates: 1. Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas (1.41J, page 23). Promote and strengthen residential development in and around the downtown (3.41J, page 72). Land development regulations should be revised to encourage the in -filling of existing vacant parcels within the city limits (1.12, page 68). The development of housing ... close to employment and shopping centers should be encouraged (1.4, page 67). Valeri Heights is in an outlying area. There are no employers close; residents will have to walk on the road without sidewalks to shop. 2. New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing (3.5, page 14). Children walking to school from Valeri Heights will be walking on the street. 3. To protect quality of life and encourage affordable housing the City must direct residential growth into desired locations with adequate infrastructure and services sufficient to meet the demand (page 67). Valeri Heights will create traffic and pedestrian problems at this already inadequate intersection. The existing infrastructure and services cannot meet the demand of this high-density project on this site at this time. This will be a burden to our community! '~ 3 4. New development should enhance rather than detract from the visual quality of its surroundings (5.2U, page 73). Valeri Heights with its 3 -story apartments does not blend in with the rural land that surrounds it nor does it blend with the single family homes in the subdivision on which it borders. We have driven around Aspen Hills Apartments in Meridian. As you know, it is also three stories. The major difference is that it does not border on an existing neighborhood. It is surrounded on the west by commercial, on the north and east by fields, and on the south by James Court (two story) Apartments. Aspen Hills is also connected to shopping and other services by sidewalks. Valeri Heights, as it is proposed here, is not compatible with the existing neighborhood. We believe that those residents living around this property would look more favorably on a proposed development which includes: 1. Only two-story apartments 2. Better buffering with the single family subdivision 3. Self -containment without traffic into the subdivision 4. A traffic signal at Ten Mile and Pine S. Compliance with any additional recommendations ACHD makes. At this point in time, we respectfully request that Meridian City Council either: a. Deny the annexation, zoning, and preliminary plat request, or b. Send the Valeri Heights proposal back to Ada County Highway District for further study and recommendations on the intersection of Ten Mile and Pine. Respectfully submitted, David and Irma Atkinson 1124 N. Lightning Place Meridian, ID 83642 (208) 884-3739 cc: Mayor Corrie Glenn F. Blaser P.O. Bog 3023 Boise, Idaho 83703 Phone: (208) 342-0842 May 12, 2000 Honorable Mayor Meridian City Council RECEIVED 1 2000 CITY OF MERIDIAN CITY CLERK OFFICE Request for your approval on the "Valerie Heights Subdivision" Apartment complex is before you for your consideration. I wish to notify you that I, and almost the entire neighborhood, request that you withhold your approval for the following reasons. 1. Aesthetics: This project is almost surrounded by small (10 foot wide) garages facing the center of their project. These garages are connected in long rows (150- 350 feet), presenting the rear of the garages to the neighbors or the traffic on the street. These long low buildings thus will appear as storage sheds or chicken coop sheds having no rear windows. Residence will eventually place old tires and cans behind the garages, which will be visible to the public. The 26,000 Square foot office and retail buildings will also show their rear side to the street. This will be a project with no front yards or views but will show the garbage cans and the backside of the entire complex to the rest of the city. Contemplation of the exterior views of this project are not pleasant. 2. Transition: A decent regard for the neighborhood will, at a very minimum give us a row of single family or townhouses separating the R- 4 zoning from the R-15. This plan calls for the rear end of the above mentioned garages to sit only ten feet from the existing homes in Thunder Creek Subdivision. This is blatantly so degrading to the home owners living in Thunder Creek that I would, in the event it is approved without modification of the Transitional area, appeal to the courts for damages to the residential values- (since approval by planning and zoning, we have refunded money to two people who had purchased lots in Thunder Creek; and home and lot sales have dropped off considerably). 3. Drainage: Meridian has required us to plan our Haven Cove Subdivision, based upon the likely hood of a one inch rain fall, should a one inch rain occur, one cubic feet of water would fall on every 12 sq. ft.; or 43,560 cu. Ft. of water would fall on this twelve acre site. Since approximately 50 percent of the area is covered by roofs or asphalt, there isn't sufficient space in the layout of "Valerie Heights" to handle this run-off. Consequently flooding would occur on ten mile road if provisions are not made. 4. Safely: Children living in the project and going to school on the west side of Ten mile road, do not have now, a safe way to cross Ten mile. Adding over 150 additional children to the area is a matter deserving careful consideration. 5. Traffic: Everyone will speak to traffic so I can't add any insight. I am not opposed to apartment on this site, I only ask that you use moderation in going from R-4 to higher density and provide a decent transition between the two that will not destroy the property values of Thunder Creek Subdivision, the Jeppson property or Haven Cove # 9 and #10. Thank you for the many hours you put in trying to make our city a desirable place to live. Yours truly, Glenn F. Blaser Developer: Haven Cove Subdivision and Thunder Creek Subdivision ** TX CONFIR r ON REPORT ** AS OF MAY 16 13:38 PAGE.01 DATE TIME TO/FROM 12 05/16 13:36 2083362537 Meridian City Council 33 East Idaho Meridian, ID 83642 CITY OF MERIDIAN MODE MIN/SEC PGS EC --S 01'39" 004 May 14, 2000 2509 West Wave Court Meridian, ID 83642 RE: Proposed Valeri Heights Apartments Dear City Council: CMD# STATUS 109 OK fRECEZVE MAY 16 2000 CITY OF MERIDIAN CITY CLERK OFFICE I am writing in regard to the proposed apartment complex, Valeri Heights, on the proposed site on Ten Mile Road and Pine Street in Meridian. As a resident of the nearby Haven Cove subdivision, ) am 0 nosed to such a development for the following reasons: 1. Ada County Highway District Commissioners in March 2000 were not given their own traffic count done on 11/23/99 which indicates traffic on Ten Mile Road is NOW at a level they predicted it would reach in the year 2005. A traffic count done in April 2000 has not been used for the decision making by ACRD. 2. The current City Comprehensive Plan prefers high density housing close to shopping, schools, and employment. However, there are no employers close by, and pedestrians would have to walk without sidewalks on Ten Mile and Pine to get to shopping and schools. An incredible safety hazard. 3. The developer compares Valeri Heights to Aspen Hills on Meridian Road. The difference is that Aspen Hills was not inflicted on an existing neighborhood; 'it is surrounded on two sides by fields, on one side by commercial, and on one side by an existing apartment complex. Aspen Hills is also connected by sidewalks to a shopping area. Valeri Heights will be an island with sidewalks, which connect to nowhere. Please put a stop to this irresponsible patchwork development which is destroying the quality of life in our town. Approve future development that makes sense, not cents. Sincerely yours, Alan Norris ** TX CONFIRMgTyQN REPORT ** DATE TIME TO/FROM 25 05/15 16:12 208 323 0128 -- "Av* 0,0 "'U AS OF MAY 15 '0Q-16:13 PAGE.01 CITY OF -,-RIDIAN MODE MIN/SEC FGS CMD# STATUS EC --S 00'54" 002 067 OK ACED PC � 5-10-00 Mm"Yes Meyer, Bavolary sheWrYs: Huber. e cnwd.wro�,�r May 15, 2000 Meridian City Council 33 E. Idaho stmt Meridian, ID 83542 Garden city, Idaho e3714-8499 Phone (708) 3117-6100 F" (208) 387.6387 -7, �1, RECEIVED MAY 15 2000 CITY OF MERIDIAN CITY CLERK OFFICE Subject: Traffic Requirements, Valerl Heights. MPP00-00&MAZQ"081MCU0"14 Honorable Mayor Corey and City Council Members, At the May 10, 2000 COmrrtlssion Meeting, the Ada County Highway District (ACRD) Commission directed the staff to evaluate the conditions placed on the Valerl Haights Subdivision. The Commission wanted ta ensure that the exWing roadway and traffic requirements are consistent with the tramc volumes and traffic safety. Concerns have previously been expressed to the Commission stating that the requirements had been based upon traffic counts, which do not reflect Meridian High School being in session. After reviewing both the ACHD and the Meridian Planning and Zoning Commission requirements, I have found there approprlate, Meridian Planning and Zoning added the requirement that the developer construct a traffic signs) before occupancy. While ACHD supports the installation of a traffic signal, we want it to be understood that this is a developer exaction and that ACHD does not have a traffic signal In the current budget or In the Five -Year Work Program. Due to this location being the Intersection of two functionally cleaWfted stmOts, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. However. if the Commission does not approve ACHD participation, the signal will be entirely the responsibility of the developer. Regardless of funding, an agreement between ACHD and the developer will be necessary to assure the signal is constructed in accordance with standards. eaaed on our latest traffic counts, the intersection is Gose to satisfying the requirements for an all way stop warrant 1 recommend that the Council also require the placement of an interim alI-way stop to pie additional safety during the construction of the traffic signal and the Initial subdivision work. The stop sign installation will require 36' by 31r STOP signs and 36- by 36" STOP AHEAD signs on Ten Mile Road MAY 15 '00 14:44 2088886854 PAGE.02 7CIIL Dy U�.�y ui �e�ei iuian, evUUUDUDJ'f JYO fOOU !CHD luldy- U-UU c.4wl Dave Bivens, Vice President Gm -den City, Idaho 83714-8499 Madyars Meyer, Bscretwy Phone (908) 387-$100 Sherry R. Huber. Commlaesoner Fax (208) 387-6391 Susan S. Eaarlake, Commissioner E-mail: t* d.ada.ld" May 15, 2000 Meridian City Council 33 E. Idaho Street Meridian, ID 83642 RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE Subject: Traffic Requirements, Valeri Heights, MPPOO-ODSIMAZOO-0061MCUOU-014 Honorable Mayor Corey and City Council Members, At the May 10, 2000 Commission Meeting, the Ada County Highway District (ACRD) Commission directed the staff to evaluate the conditions placed on the Valerl Heights Subdivision. The Commission wanted to ensure that the existing roadway and traffic requirements are consistent with the traffic volumes and traffic safety. Concerns have previously been expressed to the Commission stating that the requirements had been based upon traffic counts, which do not reflect Meridian High School being in session. After reviewing both the ACRD and the Meridian Planning and Zoning Commission requirements, I have found them appropriate. Meridian Planning and Zoning added the requirement that the developer construct a traffic signal before occupancy. While ACHD supports the installation of a traffic signal, we want It to be understood that this is a developer exaction and that ACHD does not have a traffic signal in the current budget or In the Five -Year Work Program. Due to this location being the Intersection of two functionally classified streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. However, if the Commission does not approve ACHD participation, the signal will be entirely the responsibility of the developer. Regardless of funding, an agreement between ACHD and the developer will be necessary to assure the signal is constructed in accordance with standards. Based on our latest traffic counts, the intersection is close to saii�fying tl;8 requirements for an all way stop warrant. I recommend that the Council also require the placement of an Interim all -way stop to provide additional safety during the construction of the traffic signal and the Initial subdivision work. The stop sign installation wfli require 36' by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road MAY 15 '00 14:44 2eeeseGB54 PPGP . alp north and south of Pin -a Street. The installation will also require 18' by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. Sincerely, a/Terry ttte /P E. f� Manager, Traffic Services CC: ACHD Commissioner J. Schweitzer, Director Larry Sale P&D Supervisor Laura Wilder Irma Atkinson File: Ten Mile & Pine Elecuw1c Pfb: TndAdMWftpot /T*n INIIe3MneV*J4rm 1Z 003/003 2 MAY 15 '00 14:44 2088886854 PAGE.03 May 16, 2000 Honorable Mayor Corey and Meridian City Council Members 33 East Idaho Avenue Meridian, ID 83642 Dear Mr. Mayor and Meridian City Council Members: Richard J. and Vivian T. Lambert 3220 W. Park Creek Drive Meridian, ID 83642 RECBVED MAW 16 2000 I We reside in the Parkside Creek subdivision with our home on the corner of Ten Mile and Park Creek Drive. We are extremely concerned about the proposed Valeri Heights Apartment Complex and problems with zoning, traffic, and public safety. We were surprised that the Planning and Zoning Commission recommends approval of the multi- family apartment complex with a 26,000 square foot commercial office in an area zoned as Mixed Residential in the 1993 Comprehensive Plan and Medium Residential in the March 2000 Draft Comprehensive Plan. Since when does a 26,000 square foot commercial office qualify as a mixed or medium residential structure? When we purchased our home, there was, and still is a single-family residence in the location proposed for the commercial structure. Changing the type Of structure is not fair to the surrounding property owners. I believe the Planning and Zoning Commission in their infancy (most members have less than one year on the committee) made a major mistake with their recommendation for approval to the City Council. The City Council should deny the zoning recommendation presented by the Planning and Zoning Commission. No commercial office space should be allowed in this area. With regard to traffic, We're sure you will hear plenty of arguments for additional lanes, signals, and improvements which are needed even before the proposed development, unfortunately these things don't happen overnight. During the Planning and Zoning Commission meeting on April 11, 2000, the developer's own traffic engineer, Pat Dobie, said "a signal is justified" at the intersection of Ten Mile and Pine. The developer has agreed to lanes and sidewalks on their corner of the intersection. We would recommend that the City Council require an operable stop light and turn lanes prior to issuing a Certificate of Occupancy. The stop light should be four- way with access for the eight homeowners off of Pine Avenue on the west side of Ten Mile. Public safety is a concern with cut -through traffic, fire and emergency access, and potential for increased police attention associated with multiple family dwellings. Cut -through traffic is a real concern as documented during recent construction which closed the end of Pine Avenue. High School students received tickets and one student ran off the road in the Thunder Creek subdivision destroying part of a new yard. When traffic backs up during the lunch break and the end of the school day, students will be tempted to cut through the apartments to N. Lightning Page 2 - Mayor Corey and City Council Members May 16, 2000 Place. If the commercial office space has any type of restaurant, we believe the high school traffic would make this problem even more severe. Public safety regarding police and fire protection is a concern. What is the average number of emergency calls for a typical apartment complex compared to single-family residential housing? What is the City's experience with apartment complexes like Aspen Hills or James Court? What effect will this have on surrounding home owners? In summary, we believe (1) that commercial office space does not fit the existing or draft comprehensive plan, (2) a traffic light is required at Pine and Ten Mile, and (3) Public safety issues have not been addressed in the existing plan. We appreciate your consideration in reviewing these issues. a Richard J. Vivian T. Lambert May 2000 Meridian City Council 33 East Idaho Avenue Meridian, ID 83642 Dear Meridian City Council Members, G,(C lot A✓ c MAY 16 2000 The purpose of this letter is to express my concern over the Valeri Heights Apartment/Townhouse and Office Complex development proposed for the Northeast Corner of Ten Mile and Pine. My biggest concerns are traffic/safety and compatibility with the existing neighborhoods. Regarding traffic, this development will add an estimated 500'people and 250 cars to this inadequate intersection. In their approval of this project, Ada County Highway District used traffic counts done during summer months when Meridian High School was not in session; they did not use the traffic count done in 11-99 which indicated the level of traffic NOW is where it was predicted to be in 2005. Even if the developer installed a traffic signal at the intersection, Valeri Heights would still be an island with sidewalks which connect it to nowhere. Residents will be forced to walk on Ten Mile Road and Pine Street to get to shopping and to schools. This is an accident waiting to happen! Regarding compatibility with the existing neighborhood, this development includes three-story apartments. It is surrounded on three sides by rural land; it is bordered on one side by a subdivision of single family homes. This development on this property is not compatible with the current (1993) Comprehensive Plan: , 1. Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas (1.4U, page 23). Promote and strengthen residential development in and around the downtown (3.4U, page 72). The development of housing ... close to employment and shopping centers should be encouraged (1.4, page 67). Valeri Heights is in an outlying area. 2. New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing (3.5, page 14). Children walking to school from Valeri Heights will be walking on the street. 3. To protect quality of life and encourage affordable housing the City must direct residential growth into desired locations with adequate infrastructure and services sufficient to meet the demand (page 67). Valeri Heights will create traffic and pedestrian problems at this already inadequate intersection. The existing infrastructure and services cannot meet the demand of this high-density project on this site. 4. New development should enhance rather than detract from the visual quality of its surroundings (5.2U, page 73). Valeri Heights with its 3 -story apartments does not blend in with the rural land that surrounds it nor does it blend with the single family homes in the subdivision on which it borders. Please deny the annexation, zoning, and preliminary plat request of the Valeri Heights Project. Sincerely, 4% Dear Honorable Mayor & City Council members, itrzC�fE Re: Valeri Heights MAY 16 2000 CM Of MERIDIAN We understand that an office and multi -family complex is planned near Ten Mile and Pine roads. We live in Haven Cove Subdivision and we are opposed to this project. Generally, we support growth. However, we have a few concerns with this application. First, we cannot accept the roadways connecting to our neighborhood. We see the negative impacts of inner -connected streets on a daily basis. No matter what the traffic report describes, there is a traffic problem in our area. We know this first hand. Numerous vehicles appear to be using our neighborhood as a "cut -through". High school and other traffic start in the morning. At lunchtime, the traffic returns. After lunchtime, the traffic leaves again. At around 3 p.m., the school traffic returns. At 5 to 6 p.m., the traffic comes back. This is a severe problem. Despite the numerous turns and valley gutters in our neighborhood, the traffic has been increasing. Vehicle speed is also increasing. Despite efforts by the Meridian Police Department, the traffic will not slow down. Speed bumps will not work; we already have the deep valley gutters. Due to the traffic, we will not permit our three children to play in our front yard. We do not want any more connecting roadways! We understand the Highway District has been requiring fewer inner -connecting roadways. However, the City is requiring them more and more. They are not necessary. Collectors and arterials are made for moving traffic, not local roads. Perhaps narrow, landscaped walking paths would be more appropriate. The second issue we have relates to the traffic study for Pine and Ten Mile roads. This intersection is already at capacity. We have not fully read the recent ACHD staff report. We expect the developer will be required to participate in the construction of traffic lights (not just stop signs!). Sincerely, Robert S. and Tricia C. Stanfield 2689 W. Santa Clara Dr. Meridian, Idaho Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. M VS Name Address Signature 1 es Wei & Yx N. G ATh Yi F3G 2 l h f�C 5 ;�; �� �s�, �;�VIC,V�,ti-, Lc�ti 7 'E 8 9 J �.0 I l U( 10 1101 1046! 11 / �d,,,� /07-3 ,,�A Clrra A& j'1'1 t Y 'd "6 12 SA e /lP Mp, rv73 C 14 10.10 f). l 102o 17 j-��t�v � l �� Z Fl o j [4, F, -f � v11� ; c� L— 18 19 y 21 aril P Webb ► i2$ RA P i i 22 l l2� N 23 I 25 I 0rF, ?,0/ J ' gee AY if [. (� U� -16 & qe Ile //e, I v- 28 M VS Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. �g - �f Name Address Signa, tur 29o hI pl�-- 1 31` �Jvl JLui_rj P f az, c 7 F -7- 32 32 33 �/ C 34 C��� �r. ���� Z933 35J�C✓c -7y n� �arert ✓e i 36 -,\(;e u V7y l j Aval 37 26 Co�f' K 38 2-69 39 41 kA dJ I zL� N L1{T ti l 1� 1�u1Cti' 42 t� C- 43 43: 44 45 46 n ) 47 C it c 49 50 \,J- ro . -CAST 5 51 j,E t/F l 1 S6 -7 LJ- ro,-L � 52 Y.K 2LI6C� w etvtcC,5 nn CID 53 r4tz-4c 64 ------` f ^u 55 ��s"/� ��J r�✓.. ✓2 C �f Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. 28 0 . _ . • , _ - • .1 MI �o - _ - fir. ME MWE'i Mom, Owl F,FI ' _ OAF " Jill 1 d 0 Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Vaieri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. i Address nature Name 83 Lr�j (� 2A\) U • ';W7,t- S'C E-C%of ► 84 Z-,��! YCS(ti4t ST MlCil� 85 1 86 87 % 7� 88 (5 ci. 90 92 93 ��� /�•� �i Gey /�� 94 96 97 99 a qaUJ t /lard 100 101 (� i I �� vA 54 r 102 (y �c , �T 2 �/ _ W. W' //o / 103 104 r T E �IY 10 1 -7 l 711 rZ✓ 13B'] r� (Zi�� Y08 y 1 9 r✓ J v / K:7 -T-- -1 v I v FAN Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. -7 _1� al i M • • - `, • i IWA, OR IlfJ�' ,� ,.�0910=4�/iI 'llwax; IffI g •erW 04 RUN Mlltlll, ' a l ,M�M,WINE al i Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. i 28 Name Address Signature �if/lr►`A I ?i-(�-►7 lel �c - �� � 14r�Cs�- 1�3,� Go , � -- � i� AA v �A- a 5oil ISO A 5 "�: r\ (I/ lha (2 h(. -Cu[�% z 4�A SZb.e� ( JtS `�0 fiv rlVc. it I��cca 1,� � , C y� C (6��� n S (14,(2(► (5-U /4j / u �, I S � ► 0. > O C�cc �ZLUu � Kl. uJ re.cc5� 5 f- ✓Yl.2QI��G�� Submitted: 14 March 2000 From: The residents surrounding the proposed Valeri Heights To: The City of Meridian Planning and Zoning Commission Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. i = 28 _J -3 9' 3) / 1(-)"4 - 14 (0 /1 , z k A �ql=psi/ m Submitted: 11 April 2000 to Meridian Planning and Zoning 16 May 2000 to Meridian City Council From: The residents surrounding the proposed Valeri Heights Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. ACHD in March 2000 were not given their own traffic count done on 11-23-99 which indicates traffic on Ten Mile Road is now at a level they predicted it would reach in the year 2005. • The current City Comprehensive Plan prefers high density housing close to shopping, schools, and employment. However, there are no employers close by, and pedestrians would have to walk without sidewalks on Ten Mile and Pine to get to shopping and schools. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density , Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. Signature i r ' L IR, MbIA u / 1 i .� L 17L�/�■ , �. VA � I� I � � ,%moi � • ALJ �1I AW �%� ;�ROLM G Submitted: 11 April 2000 to Meridian Planning and Zoning 16 May 2000 to Meridian City Council From: The residents surrounding the proposed Valeri Heights Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. ACHD in March 2000 were not given their own traffic count done on 11-23-99 which indicates traffic on Ten Mile Road is now at a level they predicted it would reach in the year 2005. • The current City Comprehensive Plan prefers high density housing close to shopping, schools, and employment. However, there are no employers close by, and pedestrians would have to walk without sidewalks on Ten Mile and Pine to get to shopping and schools. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density . Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. Name Address 3p� 3 13 99 KI ffl INK. C cr, 1 3 � ?3 Dy- U3 Yui a k4� 120 `'( �J Nod I Cr-e-� w7 �z, C j� us / 3 x-1. 5:� 2C) \'j, e l& or LU sr ►� r'e� IMIU,,����AM Signature ■ Submitted: 11 April 2000 to Meridian Planning and Zoning 16 May 2000 to Meridian City Council From: The residents surrounding the proposed Valeri Heights Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. ACHD in March 2000 were not given their own traffic count done on 11-23-99 which indicates traffic on Ten Mile Road is now at a level they predicted it would reach in the year 2005. • The current City Comprehensive Plan prefers high density housing close to shopping, schools, and employment. However, there are no employers close by, and pedestrians would have to walk without sidewalks on Ten Mile and Pine to get to shopping and schools. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density , Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. Name Address Signature Submitted: 11 April 2000 to Meridian Planning and Zoning 16 May 2000 to Meridian City Council From: The residents surrounding the proposed Valeri Heights Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. ACHD in March 2000 were not given their own traffic count done on 11-23-99 which indicates traffic on Ten Mile Road is now at a level they predicted it would reach in the year 2005. • The current City Comprehensive Plan prefers high density housing close to shopping, schools, and employment. However, there are no employers close by, and pedestrians would have to walk without sidewalks on Ten Mile and Pine to get to shopping and schools. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density , Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. " Name Address Signature lv l t. '_ J ' + - - �_�-'�.'--C - l.��iJ IMJ� ' - or SLt� eekyK_ /�k cer� < `//G� G' /`/4 T CUM( h�OCA._ Jcy k cal. K,,G#"Icco LUQ I K6- I N, -S r4. 1..awd c, i l I t,k r f A. A-� ke l M: • 'fes � �:)C 4/3. �--- ,i v ,. �,N v U C' Name I^ Address Signature ____ • _..,�2/,��'�='.. _%�__��r��� J .2_� /�� 1 rite. / /C .-► •� t � C4. -------W Epi � e.� �EGry JL� 3 c) 'vU P, u CT Iq C)DO � �; �T i� �, ��-?. rte: � C �`:E cif - -- 'K" --- �✓ �-�-� -��r ._ __ Iv P�UAno'_--- ,' - - l __-�`'a��_.t=Lam.-.�. '�', _--__ —. �� -. .. 1 ,� � _ if ,//i �• y_._./-__ / ,> -4 -- - - - (/ C Q rbc Name '�- '"`N Address— _ s� �vf s _' �� ----- - Signature p res-,b'L V c. . �.i � _ IIS-..A_st• ��'�L.t;� ;P - 04 �1---------�- I\j LAI _ ..J�y��=-�1�' `��� Z � � L'i �� T t.1'S.� �r .1Q-i:�.r_ l%�� _..- - � �.•i '�-- � _1��1�f!-.�(�.� Name Address i Signature_ c. J I\j LAI _ ..J�y��=-�1�' `��� Z � � L'i �� T t.1'S.� �r .1Q-i:�.r_ l%�� _..- - � �.•i '�-- � _1��1�f!-.�(�.� M Date: February 1, 2000 Project No. ABS99-12 Project: iiaCeri (Heights �ev eCopment The construction of Valeri Heights shall consist of the following materials: Roofing: Asphalt Composite Shingles Windows: White Vinyl, Single Hung w/ Grid, Low E Coating Fascia / Soffits: Masonite Hardboard Siding Alternate: Textured Aluminum Soffit & Fascia Panels Siding: Masonite Hardboard Siding Alternate: Textured Vinyl Siding Sincerely, J. Scott Harriso ift AWadsworth Dr., B e, aho 83704 (208) 375-6007 Fax (208) 375-7097 valerma.abs jsh 1/01/2000 1: r rAl Z O Q 0 Q i& -§l =� t _;- - - - - - - -- - -- -- - - - - -- -, - - - - NL i �I I 0 n T --- - p D =� � N �� o $ g € � aCeri q4eigkts q)eve[oprn.entJ. Oold River Companies Inc. s��juiCt S sterns ra�37vaa D, - eose.iaanoea7wrso iwbaY6cWaMbnm mm -. rn ONE BEDROOM - 1 BATH PLANS 0 n T 3 - - Il_hflio ilillli!l Ilu11It- � � - — s Ii–IU 1IV19�11�1I11 � 1411Vil�ll I I� _ _ I Oni -4` 1, O T o - (I -- 3+-- 3 D =� � N �� o $ g € � aCeri q4eigkts q)eve[oprn.entJ. Oold River Companies Inc. s��juiCt S sterns ra�37vaa D, - eose.iaanoea7wrso iwbaY6cWaMbnm mm ONE BEDROOM - 1 BATH PLANS 1004N e1 T a[eri eiol is Deve[o�ment � u:ft �Tstems Em N _� _ Gold River Compan#os Inc. J. SWU H98nto0 • 3595 Vgadw& Nh Dc • Boiu, Idaho 83709-0370 (209)V EOW • Fax IM 37&W97 TWO BEDROOM - 1 BATH PLANS D w Q g Via[ 2 (Heights CDeve[_pment River Companies Inc. s ui[t stems J.ScoUHaR Fu5 eDmre.l•t Ban, Idaho 63704-437D(2MVW •RM3670x7-OcIc MUay®e.-0uitieyilmnaxn TWO BEDROOM - 2 BATH PLANS � L q � g ^ _ aferi (H q is q)eve[opm nt Gold River Companies Inc. REV161pN5 s= u1[t sterns J. swn nertiaon • 3%6 wad—th or • Bola, Idaho a37044370 CAM��.Fa�3]e�.om.ic hp.ar6shwnn amwm THREE BEDROOM - 2 BATH PLANS 0 m m D s Q� iii sii iii iii s'/a• - s G K. i i ss {[t , ems 1/6l - fa RM Sl6TOY7•��Icb�}hibytlnamn s K 4 tl iii sii iii iii s'/a• ri• i i ss {[t , ems 1/6l - fa RM Sl6TOY7•��Icb�}hibytlnamn D; N �a[eri �igWs Deve[opment Gold River Companies Inc. ss {[t , ems 1/6l - fa RM Sl6TOY7•��Icb�}hibytlnamn Fax To: 111C arm? e From Phone: (208) 888-4433 Fax: (208) 888-4218 the( Fax: q�y . *; 4po Date:6® Phone: Pages: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY DAVID A BAILEY CONSULTING C *MFNGNEOt CIPLANNINGINVESl[WAUONS TO: Shari Stiles City of Meridian 1681 W. Sandalwood Meridian, ID 83642 DATE: February 1, 2000 RE: Valeri Heights Planned Development Ms Stiles: David A. Bailey 6417 Santa Cruz Dr. Boise, Idaho 83709-6550 (208)362-6253 (208)870-1013 On behalf of Gold River Companies, Inc., we are submitting this application for Annexation and Zoning to R 15 and LO, a Subdivision Preliminary Plat and a Conditional Use Application for 128 Apartment Units, 8 Attached Townhomes and a 26,000 square foot Office Building on 12.73 acres located at the northeast corner of Pine Street and Ten Mile Road. The proposed subdivision consists of 1 Limited Office Lot, 8 Townhouse Lots, 1 Apartment Lot (128 units) and 2 Landscape Lots. We previously submitted an application for Annexation, Subdivision and Conditional Use in July of 1999. The annexation and conditional use were denied and the subdivision application was withdrawn. The previous plan included 18,000 square feet of office space, 158 apartment units and 6 townhouse lots. The configuration of the apartments and the townhouses has been significantly changed :from that application, the number of units has been significantly reduced and the building layout and appearance has been significantly changed. Many of the recommendations we received from the previous public hearings have been incorporated into this plan, including the removal of all of the previously proposed tandem parking and the creation of more usable open space. The property is currently zoned RT by Ada County. The Meridian Comprehensive Plan designates the area as Mixed Residential, showing these areas on the Comprehensive plan map as buffers between those areas designated for General Industrial and those areas designated for Residential. This proposal provides the ideal transition from Industrial to Limited Office (LO) to Medium High Density Residential (R-15) Apartments to Single Family attached Townhouses located near existing single family residential in Thunder Creek Subdivision. The Apartment portion of the project is in compliance with the Meridian Zoning, Development and Subdivision Ordinances and incorporates the following features: - 2.25 Parking Spaces per unit have been provided, 160 of these spaces are garages. - A Clubhouse with a swimming pool, hot tub, barbecue and half court basketball facility will be provided. - Access to the site meets ACHD requirements and provides excellent circulation within the site for emergency access while discouraging cut through traffic from Pine Street to Ten Mile Road. The layout of the access driveways in relation to the apartment buildings also provides additional buffering of the site from adjacent properties. The placement of the garages at the exterior of the property provides additional buffering from adjacent properties. Additional landscaping will be provided in these areas as well. Five foot wide sidewalks are provided throughout the site with stamped concrete walkways across driveways for safety and appearance. Significant landscaping is provided throughout the site including landscape berms adjacent to Pine Street and Ten Mile Road, lighted water fountains in the central courtyard and trees strategically placed within the site to break up the lines of the buildings. Sewer and Water will be extended to the site at the developer's expense. All other utilities are also available to the site. All streets, curbs, gutters and sidewalks within the areas to be dedicated for public right of way and all similar improvements on the site will be constructed to ACHD and City of Meridian Standards. All construction on the site will meet ADA and Fair Housing Act accessibility requirements. Cross access easements will be shown on the final plat for access to the Office Space. As shown on the Preliminary Plat Drawing, the Ten Mile Stub Drain currently crosses the Southwest corner of this site in an open condition from Pine Street to Ten Mile Road. The developer will cover this drain at his expense (ACHD has agreed to buy the piping) in order to reduce the safety hazard at this intersection and provide for widening of the roads. All construction will be with the approval of Nampa Meridian Irrigation District. We are submitting with this application copies of a traffic study performed by Dobie Engineering analyzing the traffic impact of this development. The study has taken into account the effect of the high school traffic in this area. We are submitting restrictive covenants for this subdivision for review with this application. The covenants also cover sign restrictions for this site. We are not requesting approval of any sign applications for this site at this time. It is expected that two monument signs meeting city requirements will be applied for in the future, one at each entrance to the site. No signs will be permitted on the Office building which face Pine Street or Ten Mile Road. In accordance with the Planned Development Ordinance, we are requesting a variance from the minimum street frontage requirements for the four interior townhouse lots. Statement of Compliance: 1. All driveways, parking, curbs, gutters and sidewalks will be constructed to Meridian City Ordinance Standards. 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The development will be connected to City services. 4. This development will be in compliance with Meridian City Ordinances. 5. The preliminary plat will include all appropriate easements. 6. All street names are existing and should not interfere with the City grid. Affidavits: 1. This property will be posted one (1) week before the public hearing with postings containing the name of the applicant, description of the zoning amendment, and time and date of the public hearing. 2. The applicant has read the contents of this application and verifies that the information contained herein is true and correct. cc: File #C9913 Vicki Welker S _$ �+ �7�N9dYSa1L _ J p L loa SII e � � i S � I� awn�'ns DAROSA JULIE A 1162 N LIGHTING PL MERIDIAN ID 83642-2088 MACOMB TIM J MACOMB SHELLEY M 1073 N CLARA AVE MERIDIAN ID 00008-3642 WALTHER REES J & WALTHER ANDREA K 1148 N LIGHTING PL MERIDIAN ID 83642-0000 STEPHENSON RYAN D & STEPHENSON HEIDI 2832 W EBBTIDE CRT MERIDIAN ID 83642-0000 BRIGANTE GREGORY J & FULLER DAVID S & FULLER SHIRLEY A 890 N TEN MILE RD MERIDIAN ID 83642-5404 JEPSON BEN B JR & JEPSON NORMA J 2820 W PINE AVE MERIDIAN ID 83642-5434 GARNER ANTHONY W & GARNER TRACEY A 680 N TEN MILE RD MERIDIAN ID 83642-0000 ELLIOTT STEVEN K & ELLIOTT KELLI R 2985 W PINE AVE MERIDIAN ID 83642-5435 BRIGANTE CHERI D MUSGROVE LAWRENCE & 2833 W EBBTIDE CRT MUSGROVE THELMA L BOISE ID 83642-0000 2895 W PINE AVE MERIDIAN ID 83642-5435 TTOLTONTTOMES INC 2895 W PINE AVE E PINE AVE NAMPA-iB 83687 06 1124 N LIGHTNING PL VALERI HEIGHTS PROPERTY OWNERS WITHIN 300' MASSENGALE ALFORD E & MAURREN 1115 N TEN MILE RD MERIDIAN ID 83642-5405 LAMUNYON GARY WADE & LAMUNYON CHERYL LYNN 1025 N TEN MILE RD MERIDIAN ID 83642-5405 MOSHER BETTY J 895 N TEN MILE RD MERIDIAN ID 83642-5405 EPISCOPAL CHURCH IN IDAHO INC PO BOX 936 BOISE ID 83701-0936 895 N TEN MILE RD SHAUL RODNEY D & SHAUL TAMARA N 775 N TEN MILE RD MERIDIAN ID 83642-5476 GRINC PO BOX 1064 MERIDIAN ID 83642-0000 1158 N CLARA AVE TAMAS BERT A & TAMAS CLAUDIA M 1125 N ROPER PL MERIDIAN ID 83642-0000 BLASER GLENN F MERIDIAN LAND DEV CO LLC PO BOX 3023 BOISE ID 83703-0000 1126 N CLARA AVE 1159 N CLARA AVE 2975 W FORECAST ST W PINE AVE 1020 N CLARA AVE 1074 N CLARA AVE ZIMMERMAN BRAD & ZIMMERMAN CHRISSY 1121 N ROPER PL MERIDIAN ID 83642-0000 THUNDER CREEK HOMEOWNERS ASSOC PO BOX 3023 BOISE ID 83703-0023 N TEN MILE RD 3101 W FORECAST ST 1166 N GRAY CLOUD WAY 1173 N LIGHTNING PL 1151 N LIGHTNING PL 1122 N GRAY CLOUD WAY 1121 N GRAY CLOUD WAY 1127 N LIGHTNING WAY 1178 N GRAY CLOUD WAY 1127 N LIGHTNING PL ASPEN REALTY INC 6933 EMERALD BOISE ID 83704-0000 1181 N GRAY CLOUD WAY HOME ART CORPORATION INC PO BOX 867 MERIDIAN ID 83642-0867 1120 N ROPER PL MOORE MATTHEW K & MOORE LEANNA D 2308 W SANTA CLARA DR MERIDIAN ID 83642-0000 1100 N CLARA AVE BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN ID 83642-1601 1101 N CLARA AVE GRIFFIN DAVID D & GRIFFIN DIANE H2090 S-eE)LE-Rf)r I - 000 -34` ea,- ' -- Pl 1150 N GRAY CLOUD WAY ""l 7'-LXCaM $36�a- MERIDIAN PLANNING & ZONING MEETING: Aril 11 2000 APPLICANT: VICKI WELKER ITEM NUMBER: 10 REQUEST: CUP FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE PREVIOUS PACKET OF 3/14/00 CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: MERIDIAN IRRIGATION: �. V NAMPA ME � f „ SETTLERS IRRIGATION: U" IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. l'y- n Acla Ouf2t G trict Judy Peavey -Derr, President 8 East 37th Street Dave Bivens, Vice President uaraen 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(a)achd.ada.id.us April 3, 2000 RECEIVED Meridian Planning and Zoning CommissionQ rr(r 33 E. Idaho Street City of 'Aeridian Meridian, ID 83642 City Clerk Office Subject: Traffic Volumes, Valeri Heights MP1300-005WAZ00-006/1VIC000-014 Dear Commissioners, It has come to ACHD's attention that the traffic volumes shown on page 2 of the application report for the subject development are outdated. ACHD feels the following information should be considered in your deliberations of the subject development. The most recent count ACHD has on Ten Mile Road at Pine Street is 8,555 vpd. This count was done on 11/23/99 and reflects a 41 % increase in traffic over the 8/26/97 count. We did not count traffic volume on Pine Street during this same period but it is likely that a similar increase has occurred there as well. I would estimate the traffic on Pine Street to be about 2600 vpd. The capacity of Ten Mile Road is approximately 14,500 vpd and the capacity of Pine Street is about 8500 vpd. ACHD has not done an investigation of the Ten Mile/Pine intersection but these volume numbers indicate it may be time to install turn lanes, an all -way stop, or both. Please call me at 387-6140 if you have any questions. %JUU RUJCillullu, r -.C. Traffic Engineering Supervisor cc: Dave Bivens, ACHD Commissioner J. Schweitzer, Director Larry Sale P&D Supervisor Laura Wilder Irma Atkinson File: Ten Mile/Pine Valed Heights Volumes.doc r L rvktc-I Ir �nPECEIVED Submitted: 1,4. 000 io 7c�' I APR 10 2000 From: The residents surrounding the'. ' ' C i t y o f Meridian To: The City of Meridian Planning and Zoning Commission City Clerk Office Petition Against Valeri Heights We, the signed below, are opposed to the construction and development of a 3 story apartment complex and commercial buildings on the Northeast corner of Pine and Ten Mile for the following reasons... • The traffic study provided by the developer (which indicates that there would be only a minimal increase in traffic at the intersection of Pine and Ten Mile) was conducted on August 6, 1999, when Meridian High School was not in session. It is estimated that this development will add at least 250 cars to the area. • Planned access into this complex is to include Lightning and Grey Cloud, providing a cut -through around the already busy intersection of Pine and Ten Mile. This will create a very dangerous hazard for our children (and even potential residents of the apartments). • Meridian City Council denied the previous annexation and zoning request (for 158 units) on October 19, 1999, based on the traffic and density issues and concerns. • In the proposed Comprehensive Plan for the City of Meridian, this property is recommended to be "Medium Density Residential." Medium Density Residential is defined as single-family homes of 3 to 8 dwelling units per acre. The proposed Comprehensive Plan was designed with the input of the whole community over a long period of time. Whereas the current Comprehensive Plan is outdated. • The Meridian School District anticipates that at least 103 children will reside in this complex adding to an already overcrowded school system. /7 � EA Name Address Signature 4 71 E-n�-CCCL!�-A- r,_x 10 11 07 12 ry /v7 13 14 4WUML6� 10 aim— M QLL"e2� 104a 16 x 17 Cl 18�6i to �5% i/jo 19 24 25, 28 /7 � EA Name Address Signatur F29 Cbl2a d , `Obzk, 30 ci e, C�- 31 c llt y E ;2 r iZ v � � ` 0 -T— Ic d�. OU 33 i C77_/"- 3 34 r��/%hf� 4-1 N 35 J7C✓� ( �u���� l(�y n� �ardrti r/ 36 AVQJ- 37 38 2-69 39 4 L� \ LGt FT k3 l 42 43 %4 NT C 44 j S �K60 J G �� 7 / vL ��; 45 46 1 47 48 Gt`u � • n� IJP � sS ��•� � - S'G,,,�1 �.. C� a���c. �-+.� 49 50 1— ERI ro CAST S' ` 51 IS SC VE J S -7 0. 53 n) I V— r rAl2, r , .,f A J�lr `■NMA■■MA Name /HUUI C„ 56 Lu Olq G ' 57 � � c� � �. � �V 2 h ;� S �S W. �J C, U, 5 Crl, ; 50 61 62,54, A r p, n j3e_� �S Vj �jn�C C&t 63 64 Z W A� u0- 65 66�fD„ 4 67 58 1�u���,►�� 2�0 WSJ. � ��. 69 A Qrsc/\ jIlk; 4/�a 70 71 72 I 1 AL r 73 74 G% C' ��✓1/ - C 76 r77 78 q/54,99"�) 80 AX C V --4 EGI 1 81 182 i z - • • §iRnature I I 1 � /�1.� -� . bey. � L ..1(igli I��11J•�L�\ �� �I' 7 .Address-� w ®r im- III'►:I� Al ,� ..� �lIs%ASN"` �r UP WA- IM ■ FIRM WA MMWIRMW- ' - - WE Name Address Signature 26 -2 rte. ; • � i�� x CW? q9 L2 r ►�, a5 AI M VI 'PMA&(AZ 01j'A'a k)(M.QA �0 WU, ,`U� .kelcdtl4 cl Y&VY I e n � � � D� i-t2r � SSU � • �s`��a �/ , � u l" V, I�( Sk• ek GJ -rod' ee7,s !�2 ) X63 Al- Ltat�IAIIL-,44 I +ern April 10, 2000 '-t- � (l —�f1 � � 1 c ne ►� RECEINED Keith Borup, Chairman Planning and Zoning Commission APR 10 2'0CC 200 E. Carlton Meridian, ID 83642 vit c;' City Cleric Office Dear Mr. Borup, The purpose of this letter is to share with you serious concerns we have discovered as we have spent the last month researching Valed Heights and traffic safety. We were, quite frankly, confused over how Ada County Highway Commission could approve the Valeri Heights proposal and state there is no traffic problem at this intersection of Ten Mile and Pine which is less than a mile away from Meridian High School. As residents of this neighborhood, we see cars drastically exceeding the 35 mph speed limit and we see turning traffic backed up all day. We met with 4 staff members at ACHD on 3-29-2000 and explored with them the information used for their decisions. Here's what we discovered: 1. The traffic study provided by the developer and completed by Patrick Dobie was based on his traffic counts done on 8-6-99 when Meridian High School was not in session. No wonder their study reports there is minimal traffic at the intersection! This is a problem! 2. The traffic study by ACHD utilized information from ACHD traffrc counts done on 8-26-97 and 8-28-97 Not only are e_� 0 nts of 6,072 (Ten Mile south of Cherry Lane) and 1&L8 (Pine east of Ten Mile) extremely outdated, but (again) these traffic coup were done during the summer when Meridian High School was not in session According to information provided by the Meridian School District Administration Office, the school year in 1997 began after Labor Day on September 2. This is a problem! 3. When ACHD Commissioners reviewer} the revised proposal for Valeri Nei is on 3-8-2000 they were not provided with the more current ACHD traffic count of 8 551 for Ten Mile north of Pine done on 11-23-99, This is an alarming increase of traffic on this road which simply was not considered. This is a problem! 4. In the traffic study provided by the developer Mr Dobie cites the COMPASS gr diction of traffic for this road to reach 8.55 by theyear 2005 Clearly we are exceeding this level NOWwith no plans by ACHD to widen the road, change signage, or add signals until the year 2005 This is a problem! We do not believe that approving Valeri Heights (with the addition of 1,320 vehicle trips per day into this extremely inadequate intersection) is responsible planning. The safety of this intersection which is within a half mile of Chaparral Elementary School, within a mile of Meridian High School, and within a mile and a half of Meridian Middle School must be a priority and changes must be made prior to consideration of high density projects! In addition to the traffic concerns, we are also concerned about how this Project fits with the current and proposed Comprehensive Plans for the City of Meridian. Regarding the current (1993) Plan, this project is not compatible in the following wags; a. The Land Use Chapter encourages higher density development within the Old Town area and lower density development in outlying areas. This vrojed is well outside of this geographical area b. It does not (from the Transportation Chapter) monitor and coordinate the compatibility of the land use, nor does it encourage proper design of residential neighborhoods to ensure their safety and tranquility. This project will contribute more traffic to an inadequate intersection and will add pedestrians without sidewalks on both roads involved C. It does not (from the Housing chapter) provide for the development of housing close to employment and shopping centers. There are no emolovers close to this project There is a store a half mile awav but there are no sidewalks and no public transportation services The addition of pedestrian traffic on these roads with sidewalks is a deadly problem Regarding the proposed Comprehensive Plan, Valeri Heights presents challenges to the City`s vision in the following ways; 1. Traffic Issues "Meridian's major transportation challenge will be to plan for and accommodate the area's rapid growth in a way that will minimize traffic congestion." (page 63, preliminary draft) "Poorly planned growth may lead to worsening traffic problems...." (page 63) "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses." (page 63) Because decisions have been made too quickly and made with inaccurate and outdated information, this Project at this particular intersection is a traffic nightmare. 3 2. Land Use Planninq "The future land use map reflects concentrated urban development in a central area between I-84 and Fairview Avenue and Linder Road and the eastern Impact Area boundary." (page 85) From Action Items: - "Designate Old Town as a priority high-density area." - "Promote and strengthen residential development in and around downtown." This project is well outside of the priority area. - "Designate specific areas with adequate public services for high-density residential.- - "Encourage the development of housing for all income groups close to employment and shopping centers." - "High-density housing must be strategically located to public transportation, community services, and not negatively affect property values." - "Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval." This Project is an island without sidewalks connecting it to anywhere. Residents will not be able to safety walls to schools or Albertsons without creating traffic problems. Ten Mile Road is not scheduled to be improved until 2005. There are no employers near this development; residents will have to drive their cars to work, again creating more traffic . In conclusion, The Valeri Heights Project is proposed to be developed on Property which is envisioned by citizens and planners to be Medium Density Residential. Valeri Heights violates many of the City of Meridian's planning goals and objectives in the proposed Comprehensive Plan. We respectfully request that Meridian Planning and Zoning Commissioners deny approval based on the extremely serious traffic concerns that this proposed development presents. Respectful submitted, David and Irma Atkinson 1124 N. Lightning Place Meridian, ID 83642 (208) 884-3739 enclosures March 30, 2000 Dave Bivens, Vice -President Ada County Highway District Commissioners 318 East 37' Street Garden City, ID 83714-6499 Dear Mr. Givens, The purpose of this letter is to identify areas of traffic and safety concern regarding regarding the Valeri Heights Project at Ten Mile Road and Pine Street in Meridian. As you know, the Commission approved the Preliminary Plat on March 8, 2000. However, we would like to ask that the Commission reconsider their approval based on the following information discovered as we researched this project: 1. When the Commission reviewed this project in September 1999, information provided by ACHD staff included traffic counts done on 8-26-97 (Ten Mile south of Cherry Lane) and on 8-28-97 (Pine east of Ten Mile Road). These counts were, respectively, 6,072 and 1,838. This problematk intersection is less than a mile from Meridian High School; however, school was not in session when this traffic count was done. The school year began that year on 9-2-97. The ACHD traffic count from 1997 does not adequately reflect the traffic on these roads 2. When the Commission reviewed this project in September, a traffic study paid for by the developer and conducted by Patrick Dobie was provided as well. However, Mr. Dobie did his traffic count on 8-6-99 and, once again, the high school was not in session! His traffic count does roa not adequately reflect the traffic on these 3. When the Commission reviewed the Valeri Heights Project this month, only the information from the September meeting was presented. However, a new traffic count by ACHD had been done on 11-23-99 on Ten Mile north of Pine. This traffic count of 8,551 is alarmingly higher than previous counts, but it was not presented to the Commission to assist in your decision-making. Although a traffic count on Pine east of Ten Mile has not been re -done, the traffic count on Pine west of Linder is comparable; that count on 1-6-2000 was 4,698. 4. Mr. Dobie, in his traffic study update, cites COMPASS projections that traffic on Ten Mile north of Pine will reach 8,500 by Year 2005. It is very concerning to us that this level of traffic was exceeded on 11-23-99 yet there are no plans to make improvements such as widening the road, adding curbs and gutters, putting in sidewalks, nor adding a 4 -way stop or a traffic signal until Year 2005. Page 2 We do not believe that the Commission was able to make an informed decision regarding Valeri Heights because the traffic counts in both traffic studies were done when the high school was not in session. Likewise, the Commission was not provided with the updated traffic count done on 11-23-99 which indicates a dramatic increase in traffic at this inadequate intersection. In addition to these traffic counts which underestimate the impact of the Meridian High School students, there are other concerns about this intersection. Although the paved Part of Pine ends at Ten Mile, Pine continues on west of Ten Mile as an unpaved private road which is used by eight families. The traffic studies have not addressed the difficulties of the private road and its impact on those traveling on Ten Mile and Pine. Those of us living near this intersection deal daily with traffic which is backed up for a half mile on Pine as we wait for people to tum left onto Ten Mile. Likewise, we sit southbound on Ten Mile and wait for people to tum left onto Pine. Traffic back-ups are an all -day occurrence as before -school, lunch-hour, and after-school student traffic clogs the streets. This intersection is also a turning point for bus routes coming and going from Meridian Middle School and Meridian High School. The intersection of Ten Mile and Pine is near Chaparral Elementary School which has its own before- and after-school car traffic. Although children living east of Ten Mile are bused to Chaparral because there are no sidewalks and it is a "safe busing zone," it is a daily occurrence that children dart across Ten Mile on foot and on their bicycles. Buses transporting children to and from Chaparral and Meridian Elementary Schools tum at the intersection. The idea of adding Valeri Heights (with 128 apartments, 8 townhouses, and a 2600 square foot commercial development) to this extremely inadequate intersection is alarming to us. We do not believe that the Commissioners were provided with the information they needed to make informed decisions reQarding this nrocosed develonmPnt We respectfully request that your approval of Valeri Heights be at least temporarily rescinded until counts which accurately reflect the level of traffic at this intersection can be done and written into updated traffic studies with which informed decisions can be made. Thank you for your prompt attention to this matter of safety in our community. Sincerely, Irma and David Atkinson 1124 N. Lightning Place Meridian, ID 83642 (208) 884-3739 Acla Countu..-Ric t4watj "'hij 1icl Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, 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(Dachd.ada.id.us April 3, 2000 Meridian Planning and Zoning Commission 33 E. Idaho Street Meridian, ID 83642 Subject: Traffic Volumes, Valeri Heights MPP00-005/MAZ00-006/MC000-014 Dear Commissioners, It has come to ACHD's attention that the traffic volumes shown on page 2 of the application report for the subject development are outdated. ACHD feels the following information should be considered in your deliberations of the subject development. The most recent count ACHD has on Ten Mile Road at Pine Street is 8,555 vpd. This count was done on 11/23/99 and reflects a 41% increase in traffic over the 8/26/97 count. We did not count traffic volume on Pine Street during this same period but it is likely that a similar increase has occurred there as well. I would estimate the traffic on Pine Street to be about 2600 vpd. The capacity of Ten Mile Road is approximately 14,500 vpd and the capacity of Pine Street is about 8500 vpd. ACHD has not done an investigation of the Ten Mile/Pine intersection but these volume numbers indicate it may be time to install turn lanes, an all -way stop, or both. Please call me at 387-6140 if you have any questions. Traffic Engineering Supervisor cc: Dave Bivens, ACHD Commissioner J. Schweitzer, Director Larry Sale P&D Supervisor Laura Wilder Irma Atkinson File: Ten Mile/Pine Valeri Heights Volumes.doc FACSIMILE TRANSMISSION FROM THE DESK OF... MARGIE SCHROEDER TO: Shelby FAX NO.: 888-4218 DATE: April 11, 2000 to E IVSD � P R I 1 2OOO 0it of Meridian cttt Clerk Office COMMENT: Please see that the proper people get this letter regarding the Planning & Zoning Meeting this evening on the Valeri Heights Proposed Development. Thank you for your help. PAGES FOLLOWING; one Il'you do not receive all pages of this fax, please contact Margie Schroeder at 861-4422 (cell) or 377-2310, ext. 294 (wk.). APR 11 '00 17:15 Zee 922 4320 PAGE.01 SCHROEDER ENTERPI ,_jES, INC. (208) 922-4660 2360 N. McCLURE LANE fax (208) 9224320 KUNA, ID 83634 April 11, 2000 Delivered via facsimile to Shelby at 888-4218 and Mailed Original Mr. Keith Borup Meridian Planning & Zoning Commission j�{�� 33 E. Idaho Street 6 Meridian, ID 83642 City of Meridian City Clerk Office RE: Valeri Heights Proposed Development on the corner of Ten Mile & Pine in Meridian Dear Mr. Borup: Let me first start out by disclosing that we have NEVER received proper notice of this proposed development, and only became aware of it through a third party yesterday (4/10/00). Our property is located well within the 300 -foot notification requirement area and would like to know why the City of Meridian did not notify me in writing. 1 write this letter to you as I am unable to make the Planning & Zoning Commission meeting due to other obligations 1 have thio evening. Had I been properly notified of this project and date of the hearing, I would have been able to rearrange my schedule to be there. I am a General Contractor in the valley and currently have a brand new home located at 1166 N. Gray Cloud Way in Thunder Creek Subdivision in Meridian for sale. 1 STRONGLY OPPOSE this sort of development as I have been told that Gray Cloud Way will be one of the access roads to the proposed multi -family and LO project. This development is not compatible with the Thunder Creek Subdivision single family homes, which range from approximately $127,000 to $190,000. I know of no potential homeowner who would want to purchase my home at $147,000 when there is an apartment complexhownhouse/office complex development going right next door utilizing Gray Cloud as one of the access ruads to the project. The impact of this type of development on the value of the home I am currently marketing for sale will be substantial when my marketing agent and I will have to disclose the proposed project if it does get approved. With the State of Idaho being a full disclosure state. any and all prospective buyers would have to be made aware of this project. Tt could be so detrimental to the sale of my home that I may not be able to sell it at all. I ask the manning and Zoning Commission to consider my following recommendations in their decision-making process for this development, with the first being preferred, and the last being a compromise. 1) Completely deny the project on the basis of non -compatibility with the surrounding single -fancily subdivisions. 2) bower the density of the R-15 zoning and require the Developer of Valeri Heights to develop single-family homesites on the property with townhouse unite clustered around the Office Complex. The developer will then take on the risk of marketing single family homesites to builders and prospective homeowners abutting townhouses and an office building. 3) If this project is approved, then allow no access from or through Thunder Creek Subdivision to the proposed development with exteneivc landscaping and open epam beLwcen this project and Thunder Crcck Subdivision. Thank you for your consideration. SincerhSchro r� Margier.V.P. APR 11 '00 17:16 208 922 4320 PAGE.02 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN 08> PUBK C WORKS 501 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 y (208) 887-22 11 • Fax 887-1297 (208) 888-4433 • Fax (208) 887-4813` PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 �nf�t` DEPARTMENT GT March 10, 2000 MERIDIAN PLANNING & ZONING MEETING: March 14, 2000 APPLICANT: VICKI WELKER ITEM NUMBER: 10 REQUEST: CUP FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE STAFF COMMENTS WITH AZ 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: SEE COMMENTS /C-3`' • ` � Preparing Today's O 0 Students For n Tomorrow's Chollenges. P • FO9�e . M er*% S SUPERINTENDENT Christine H. Donnell /'1 Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 February 17, 2000 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: f?.ECEIVED F E B 2 3 2000 CITY OF MERIDIAN 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: Valeri Heights Subdivision (Multi -Family) Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Chaparral Elementary is over capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also at capacity. We can predict that these homes, when completed, will house thirty-six (36) elementary aged children, thirty (30) middle school aged children, and thirty-seven (37) senior high aged students. Sincerely, Jim Carberry, Administrator of Support Services CCENTRAL •• DISTRICT g1THEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division QondltlOnal Use # Preliminary / Final / Short Plat r.4 l---' —0o -- o r L1el- N CEi E E 8 2 3 2000 Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: Xcentral sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 9 central sewage El 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 14. �C' �� �i'TAC /t%C� Si D�'rH HI �v �Z jYer�irlg6l�iyl v Date: Zl /J' /061 e C 0 rw i, ` le"' & f Reviewed By: 0!t` [DHD 10/91 rcb, rev. 7/97 Review Sheet ISM -01 CqU ENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. -BOISE, ID 83704-0825 1 (208) 375-521' FAX 327-3507 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is Manuals that could preventing groundwater and surface water degradation. be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAR 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 MEMORANDUM: March 9, 2000 To: Planning & Zoning Commission/Mayor and City Council �-E c a TV L� '�_ MAR i 0 ?090 From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Planner /t'j CG City of �Nleridian. City Clerk Office: Re: VALERI HEIGHTS by GOLD RIVER COMPANIES, INC. • Annexation & Zoning of 13.83 Acres from R -T to R-15 & LO (AZ -00-006) • Conditional Use Permit for 128 -Unit Apartment Complex, 8 Townhouse, and a 26,000 Square Foot Limited Office Complex (CUP -00-014) • Preliminary Plat for Multi -Family and Townhouse Residential & Limited Office (PP - 00 -005) 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 Three separate applications are covered in this report. The Annexation & Zoning application proposes to annex two existing parcels (both currently zoned RT in Ada County) and rezone 2.87 acres in the southwest corner to Limited Office (L -O) and the remainder of the site (10.96 acres) to R-15. The CUP application proposes a 128 -unit apartment complex and 8 townhouses in the R-15 area and a single, 26,000 office building in the L -O area. The Preliminary Plat application proposes to subdivide the property into three (3) blocks, two of which comprise the eight townhouse lots only and the third is the apartments and office building. Both existing parcels are owned by David and Shirley Fuller and the project was submitted by Gold River Companies, Inc. as a Planned Unit Development. Compared to the previous application for this property which was denied by the City, this plan has reduced the number of apartments by 30 units (158 to 128), increased the number of townhouses from 6 to 8 and increased the office building from 18,000 s.f. to 26,000 s.f. We agree with the Applicant that the new plan has accommodated many of the Commission and Council's previous reasons for denial, most notably the elimination of tandem parking, increased open space and improved building layout. LOCATION The subject parcels are located at the northeast corner of W. Pine Street and S. Ten Mile Road. The property is located in an area designated as Mixed Residential in the Comprehensive Plan. A sub drain of Ten Mile Creek courses the extreme SWC of property. There is an existing house with two Valeri Heights PD.AZ.CUP.PP.doe AZ -00-006 CUP -00-014 PP -00-005 Mayor, Council and P&Z March 9, 2000 Page 2 agricultural outbuildings currently on the west parcel. The east parcel is vacant. SURROUNDING PROPERTIES North — Thunder Creek Subdivision (20 single-family homes platted in 1998). Zoned R-4 (Meridian). Four homes abut the north property lines of the proposed site. South — Immediately across W. Pine are several County parcels with single family homes zoned RT. The U.P.R.R. spur lies approximately 950 feet south on Ten Mile Road. The recently constructed Access Mini Storage complex is just south of the railroad tracks on the west side of Ten Mile. East — A private road, Can -Dee Lane, is adjacent to the east boundary. A single family home is situated on the east end of the parcel. West — Single family home on a 5.6 acre parcel zoned RT in Ada County. ANNEXATION & ZONING 1. The legal descriptions submitted for annexation (one each for the requested L -O and R-15 zones) 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 Section 5-7-517. 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 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 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, right-of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Through a development agreement, restrictions could also be placed on the use of the proposed L -O property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L -O zone with a conditional use. Staff recommends the CU -permitted Bars/Alcoholic Establishments in the L -O be prohibited for this property in the D.A. Valeri Heights PD.AZ.CUP.PP.dOc AZ -00-006 CUP -00-014 PP -00-005 r-_ l Mayor, Council and P&Z March 9, 2000 Page 3 CONDITIONAL USE GENERAL 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 Frontages for townhouse lots b Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B. c Front, street and side yard setbacks 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) 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 Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary Valeri Heights PD.AZ.CUP.PP.doc AZ -00-006 CUP -00-014 PP -00-005 Mayor, Council and P&Z March 9, 2000 Page 4 signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 7. All construction shall conform to the requirements of the Americans with Disabilities Act and Fair Housing Act (for residential units). 8. Screened trash enclosures shall be provided in accordance with Ordinance 11-2-413.A.3. 9. 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. Required landscape setbacks on Ten Mile Road and Pine Street should not be included in these calculations. 10. 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. Staff recognizes that, due to the close proximity of Access Mini Storage just south on Ten Mile Road, this requirement could be waived. 11. 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. Parking areas may be no closer than four feet (4) to any established street or alleyway. 12. 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. CONDITIONAL USE — Site Specific Comments: 1. Applicant states that two monument signs will be proposed in the future, one at each entrance to the site. Staff recommends a maximum background area of 32 s.f and a maximum height of 6 feet be placed on these signs. 2. 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. AZ -00-006 Valeri Heights PRAZ.CUP.PP.doc CUP -00-014 PP -00-005 Mayor, Council and P&Z March 9, 2000 Page 5 3. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 4. If a building permit is sought prior to platting of property, evidence of dedication of additional right-of-way to ACRD (recorded warranty deeds) will be required prior to application for a Certificate of Zoning Compliance. 5. There are a 27 contiguous parking stalls on the east side of the north wing of the office building. A minimum of one (1) landscaped island/bump-out should be added to this row of parking. PRELIMINARY PLAT — General Requirements: Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 4. If possible, respond in writing to each of the comments contained in this memorandum by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT — Site Specific Requirements: 1. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. 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. Valeri Heights PD.AZ.CUP.PP.doc AZ -00-006 CUP -00-014 PP -00-004 AOI. Mayor, Council and P&Z March 9, 2000 Page 6 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. 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. 4. 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. 5. 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 landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. Please show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 7. Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 8. Six -foot -high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed Residential in the Meridian Comprehensive Plan. No definition or standards presently exist for this designation. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following Valeri Heights PD.AZ.CUP.PP.doc AZ -00-006 CUP -00-014 PP -00-005 Mayor, Council and P&Z March 9, 2000 Page 7 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 I AU — 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 of high-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. 2.5U — 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. lU — Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3. lU — Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation I AU — 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. 2.9U — Designate Pine Street, from Eagle to Ten Mile, as Minor Arterial (proposed extension). Valeri Heights PD.AZ.CUP.PP.doc AZ -00-006 CUP -00-014 PP -00-005 10-1. Mayor, Council and P&Z March 9, 2000 Page 8 4.2 - Pine Street and Ten Mile are designated as bike lanes. Open Space, Parks and Recreation 2.5U - New subdivision development... will be considered as opportunities to ... Encourage the development of recreational open spaces and parks as part of new planned developments. Housing 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 a tie-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. Community Design Cha tomer 5.2 — Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U — Establish land -use designations that reflect the character of existing neighborhoods. 6.11U — Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. RECOMMENDATION The COMPASS staff also reviewed this application for conformity with their long-range and alternative transportation plans. Specifically, they support the application and feel the office use in the project may decrease the total number of VMTs expected. Dobie Engineers (ACHD concurs) estimates the total number of additional vehicle trips to be 1,320 per day. Depending on the type of future services and tenants in the office building, the number of VMTs generated by the site could decrease, assuming some residents may utilize these businesses and reduce their average number of daily trips. COMPASS is also tentatively planning to conduct a feasibility study to convert the UPRR corridor to a busway. While likely several years out, if this corridor is converted to some form of mass transit, Staff feels the higher density development less than 1,000 feet from the corridor is very compatible and would be a good use to compliment transit. AZ -00-006 Valeri Heights PD.AZ.CUP.PP.doc CUP -00-014 PP -00-005 QO Mayor, Council and P&Z March 9, 2000 Page 9 With the recommended modifications above, Staff recommends approval of the Annexation, Conditional Use and Preliminary Plat applications. Valeri Heights PD.AZ.CUP.PP.doc AZ -00-006 CUP -00-014 PP -00-005 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 2000 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR COAr-1$17 REMARKS: HUB OF TREASURE VALLEY MAYOR Robert D. Corrie II A Good Place to Live LEGAL DEPARTMENT CITY OF M (208) 288-2499 - Fax 288-2501 CITY COUNCIL MEMBERS � • MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 2000 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR COAr-1$17 REMARKS: i0"88tid bbL0b8880E EE:9ti 00, ZZ 9Ed MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Kcith Bird Tammy deweerd Chche McCandless NUB OF TREASURE VAU.F-Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clcrk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 2SS-2499 - Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211- Fax S67-1297 PLANNING AND ZONING DEPARTME,,NT (208) 884-5533 • Fax 688-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 20.00 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION MULTI FAMILY TOWNHOUSE OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z JKEITH 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 j?FCF,TVED FEB 2 3 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S, WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 2000 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE 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 �6IER:DEPAR;;U N _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY _CITY ENGINEER CITY PLANNER FEB 2 9 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 41P J��n.�✓�s RECEIVED FEB 15 2000 Meridian City Water Superintendent HUB OF TREASURE VALLEY -� MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 •Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 29, 2000 TRANSMITTAL DATE: February 15, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP -00-014 REQUEST: CONDITIONAL USE PERMIT FOR 12.73 ACRES FOR PROPOSED VALERI HEIGHTS SUBDIVISION, MULTI FAMILY, TOWNHOUSE, OFFICE-- FROM RT TO R-15 AND LO BY: VICKI WELKER LOCATION OF PROPERTY OR PROJECT: NE CORNER OF PINE AND TEN MILE 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 �6IER:DEPAR;;U N _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY _CITY ENGINEER CITY PLANNER FEB 2 9 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 41P J��n.�✓�s RECEIVED FEB 15 2000 Meridian City Water Superintendent C y d N C 5 m a`o Un m mCc, comma O C t U G— U C O — O�m m t0 'm •>. vi aEi� Emma co E E � _ N a C ¢ E a)C C mo,m y aotil > X > a`ni 9 a c 'ja 'acw°ET o o O L j O L n p i c m m 'q, ¢ LL ai m (D a) m �' °'� E c o E E .r O w U N U D d CO E O� c O o 0.c m- r mm o c m L N OLS (0 LL '�� o'm E E `7>L C _OQ C U a ID a X O O U ° U rorro� cnU_ caEooma x O U Ofl x 0W :Un rn N QNo U aa)i pLL�-c6m.EE h N p rod 'co c'd. 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