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HomeMy WebLinkAboutWilkins Ranch @ Lakes Sub CUPMIMpLejul WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA OF MERIDIANGLENN CHARLES M. ROUNTREE BENTLEY u"IT"Y'r R. 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 . FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON BYRON SMITH ROBERT D. CORRIE Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 18. 1998 HEARING DATE: April 14 1998 REQUEST: Conditional Use Permit for a planned unit development - Wilkins Ranch at the Lakes Subdivision NW'/4 Section 3, T.3N.,RAW., BY: Steiner Development LLC LOCATION OF PROPERTY OR PROJECT: East of Blackcat/Ustick Intersection, south of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, PIZ BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ^_FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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 RECLAMAMON(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 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 September 15, 1998, for the purpose of reviewing and considering the application of Steiner Development LLC for annexation and zoning of approximately 36.71 acres of land located in the NW %, Section 3, T.3N.,R.1W., Boise Meridian, Ada County, Idaho, and which property is generally located east of the Black Cat/Ustick intersection and south of Ustick Road. The application requests a zone R-4/P.U.D. Further the applicant requests preliminary plat approval of the parcel of land above described for 260 units of single family attached townhouses for Wilkins Ranch at the Lakes Subdivision. Further the applicant requests a conditional use permit for a planned unit development. 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 26th day of August, 1998. 1& �; WILLIAM G. BERG, JR., CLERK PUBLISH August 28 and September 2, 1998 % K TX CONF I RMf� 1 REPORT ** AS OF AUG 26 45 PAGE. 01 ' . o CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 03 08/26 16:44 208 888 1097 EC --S 00135" 001 195 OK --------------------- 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 September 15, 1998, for the purpose of reviewing and considering the application of Steiner Development LLC for annexation and zoning of approximately 36.71 acres of land located in the NW %, Section 3, T.3N.,R.1W., Boise Meridian, Ada County, Idaho, and which property is generally located east of the Black Cat/Ustick intersection and south of Ustick Road. The application requests a zone R-41P.U.D. Further the applicant requests preliminary plat approval of the parcel of land above described for 260 units of single family attached townhouses fbr Wilkins Ranch at the Lakes Subdivision. Further the applicant requests a conditional use permit for a planned unit development. 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 261h day of August, 1998. WILLIAM G. BERG, JR., CTTY 6LERK PUBLISH August 28 and September 2, 1998. r $�L t 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 14, 1998, for the purpose of reviewing and considering the application of Steiner Development LLC for a conditional use permit for a planned unit development located in the NW %, Section 3, T.3N.,R.1 W., Boise Meridian, Ada County, Idaho, and which property is generally located east of the Blackcat/Ustick intersection and south of Ustick Road. The Application requests a zone of R-4/P.U.D. A more particular legal 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 18th of March, 1998. tr p F WILLIAM G. BERG, JR., CIiERK PUBLISH March 27 and April 3, 1998. ** TX CONFIRMATIu.<S REPORT * AS OF MAR 18 '9 3:21 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 16 03/18 08.20 208 888 1097 EC --S 00'32" 001 253 OK --------------------------------- 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 14, 1998, for the purpose of reviewing and considering the application of Steiner Development LLC for a conditional use permit for a planned unit development located in the NW Y, Section 3, T.3N.,R.1W., Boise Meridian, Ada County, Idaho, and which property is generally located east of the Blackcat/Ustick intersection and south of Ustick Road. The Application requests a zone of R-4/P.U.D. A more particular legal 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 18th of March, 1998. '44KO--- -- -A 15e�� �� WILLIAM G. BERG, JR., CIYY MERK `` %,killuucrii,,. PUBLISH March 27 and April 3, 1998. `r.�`a& Y RIDGEO .LW t r W UL w_ Y w' OI%jC'N r EK i w Cr �4 � ,` a P .� N 8 cr %� ` Oq tL CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Steiner Development L.L.C.PHONE: (208) 884-2076 ADDRESS: 2485 N. Ten Mile Road Meridian ID83642 GENERAL LOCATION: 51.88 ACRES WEST AND NORTHWEST OF THE LAKES AT CHERRY -LANE #4. DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSFICIATION: R - 4 I certify that the ' orma o -contained herein is true and correct. /0 Signature of Apoficant 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 is to consider a CONDITIONAL USE PERMIT submitted by .m. The purpose of the Hearing for the property generally described as located at SUBDIVISION, BLOCK_, LOT TO CONTENTS OF CONDITIONAL USE APPLICATION Name, address and phone number of applicant; Steiner Development, L.L.C. 2485 N. Ten Mile Road Meridian ID 83642 (208) 884-2076 2. Name, address and phone number of owner of subject property; Louis J. Steiner (15.17 acres) John and Ruth Wilkins (36.71 acres) 554 E. Bellevue Road 4085 W. Ustick Road Atwater CA 95301 Meridian ID 83642 (209) 357-8761 (208) 888-2583 3. Legal description of property. See attached two legal descriptions. 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner; See attached two warranty deeds and two notarized consents. 5. Description of existing use; 51.88 acres farmland. 6. Present use of subject property; 36.71 acres of active farmland with one single family residence and 15.17 acres of former farmland. 7. Proposed use of subject property; 260 total single family detached and attached units; 118 single family, 35 custom single family , 39 duplexes, 7 triplexes, 2 fourplex 8. The District (present zoning) that pertains to the subject property; Rural Transitiom36.71 acres, R-4 15.17 acres. 9. 30 copies of a vicinity map at scale of 1" = 300'; attached. 10. Plan (35 copies) of proposed site (1" = 50') for conditional use showing buildings, parking and loading areas, etc. attached. One 8-1/2 x 11 copy of site plan, elevations and list of construction materials for all buildings. Attached. 11. List of mailing address of all property owners within 300' of the external boundaries of the land being considered. Attached. 12. Characteristics of subject property which make a conditional use desirable; Infill site next to existing city annexed land. Property is for single family living located adjacent to a city owned golf course and proposed school site. 13. Total fee is $286.69. f 5.<, I I Check is enclosed. 14. Statement that applicant or user of property agrees to pay any aditional sewer, water, or trash fees or charges, if any, associated with the use. Attached. 15. Application shall be verified by applicant stating contents have been read and all information contained herein is true and correct. Attached. 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. Attached. I. 12955. Eagle Flight Way Boise, ID 83709 (208) 378 6387 ,Fax (208) 378-0025 i PROJECT, 549121 DATE: March 10, 1998 DESCRIPTION FOR WILKINS RANCH AT THE LAKES SUBDIVISION A PORTION OF THE NORTHWEST QUARTER OF SECTION 3 T.3N., R. 1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Northwest Quarter of Section 3, T.3N., R. IW., B,M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T, 3N,, R. 1W., B,M., Meridian, Ada County, Idaho; thence along the Easterly boundary of the said Northwest QST k R ad,ter of Section saidi on outh 1 pin also.being g1 West 48.00 feet to,an iron pin on the Southerly right-of-way of W. U the REAL POINT OF BEGINNING; continuing along said Easterly boundary, South thence leaving said Southerly right-of-way, Northerly boundary of Th Lake At Cherry Lane No. 4 00°27'29" West 1,317.57 feet to an tion pm oof , Idaho, in Book,74 Subdivision as filed for record in theloEfi o markinge of the dtile Southeast corner of the Northeast Quarter of Plats at pages 7674 and 7675, said iron p Northwest Quarter of said Section 3; ' thence leaving said Easterly boundary, and along the Northerly boundary of said The Lake At Cherry Lane No. 4 Subdivision, North 89 18158" West 301.76 feet to an iron pin; thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry Lane No. 4 Subdivision, South 00110'18" West 269.69 feet to an iron pin; g Y boundary, rtiI 85° 1 feet to an iron pin; thence leaving said Westerl bounda No 0 18 West 136.33 thence North 60'40'15" West 164.39 feet to an iron pin; thence North 79°02'15" West 6 1. 16 feet to an iron pin; thence North 89°18'49" West 398.40 feet to an iron pin; thence South 11°00142" East 399.24 feet to an iron pin; thence South 61°49'13" West 165.37 feet to an iron pin; thence North 42°43'29" West 283.07 feet to an iron pin; - thence North 13°56'20" West 266,06 feet to, an iron pin; thence North 08°16'07" West 125,42 feet to an iron pin; Pacific Land Sur veyors, a division of POWER Engineers, Inc., an Idaho Corporation thence North 05049'06" West 249.89 feet to an iron pin; thence North 3 5°28'22" West 77.08 feet to an iron pm;. thence North 42°31'18" West 70:53 feet town iron pin; thence North 53°15'09" West 86.07 feet town iron pin; thence North 5,6°28'32 West 79.07 feet to an iron pin; thence North 63°13'16" West 65,34 feet to an iron pin; thence North 78005129" West 71.13 feet to an iron pin;' thence North 89023104" West 80.94 feet to an iron n ih a office of the Ada County Reco demarking the Southeast corner of r,l of Block 13 of Ashford Greens Subdivisiorras filed for record Boise, Idaho, in Book 73 of Plats at pages 7567, and 7568; thence along the Easterly boundary of said Lot 1 of Block 13 of Ashford Greens Subdivision,' North 00°36'56°East 115.00 feet to an iron pin on. the Southerly, right-of-way of W. Moon Lake Drive; thence leaving said Easterly boundary and Southerly right -of --way, North 05°38'41" East 50.19 feet to an iron pin on the extended Northerly right-of-way of W, Moon Lake Drive; thence leaving said extended Northerly right-of-way,,Nortlh 00036'56 East 110.00 feet to an iron pin's thence, South 89023'04" East 253.95 feet to an iron pin on the centerline of the Eight Mile Lateral; thence along said centerline of the Eight Mile Lateral the following courses and distances; thence South 54°20'47" East 122;28 feet town iron pin; thence South 6004847 East 50.10 feet to an -iron pin marking a point of curve; thence along a curve to the right 161.36 feet, said curve having a central angle of 12°19'36", a radius of 750.00 feet, tangents of 80.99 feet, and a long chord 61.04 feet bearing South hex tQuarter of the North west Quarter of East to an iron pin on the Westerly boundary of the said NortQ Section 3 thenceleaving said centerline, and along said Westerly boundary, North 00°32'59" East 786.97 feet to andiron pin on the said Southerly right-of-way of W. Ustick Road; thence leaving said Westerly boundary, and along said Southerly right -of --way, South 89°10'38" East 1314.26 feet to the point of beginning, comprising 51.88 acres, more or less. PROJECT: 549121 DATE: March 11, 1998 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 DESCRIPTION FOR WILKINS PROPERTY A PORTION OF THE NORTHEAST QUARTER F THE NORTHWEST QUARTER OF CTION 3 T.3N., R. IW., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the Northeast Quarter of the Northwest Quarter of Section 3, T.3N., RAW., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T.3N., R. IW., B.M., Ada County, Idaho; outh thence along the Easterly boundary of the said Way of W. orthwest IIstick Road, aid Sectionuarter of on pin O'I so being West 48.00 feet to an iron pin on the So y g ht - the REAL POINT OF BEGINNING; thence leaving said Southerly right-of-way, and continuing along said Easterly boundary, South 00°27'29" West 1,317.57 feet to an iron pin on the Northerly boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for record intheheri `th o markingof the da County Recorder, Boise, Idaho, in Book 74 of the Southeast corner of the Northeast Quarter of bets at pages 7674 and 7675, said ironp Northwest Quarter of said Section 3; thence leaving said Easterly boundary, and along the Northerly boundary of said The Lake At Cherry Lane No. 4 Subdivision, said Northerly aboundary on 3, North 89°18'S8o West 8 b� 83dfeet to a poinary of the itdon Northeast Quarter of the Northwest Qrter of Sect the centerline of the Eight Mile Lateral; thence leaving said Southerly boundary, and along said centerline of the Eight Mile Lateral the following courses and distances; thence North 35°37'17" West 89.76 feet to a point; thence North 38°08'17" West 153.90 feet to a point; thence North 43°13'23" West 408.30 feet to a point marking a point of curve; thence along a curve tso the47 feet, and a long chord of 68.88 feet bearing -North 45°51 68.90 feet, said curve having a central angle of 918" West radius of 750.00 feet, tangents to a point on the Westerly boundary of the said Northeast Quarter of the Northwest Quarter of Section 3 ; thence leaving said centerline, and along said Westerly boundary, North 00°32'59" East 786.97 feet to an iron pin on the said Southerly right-of-way of W. Ustick Road; thence leaving said Westerly boundary, and along said Southerly right-of-way, South 89°10'38" East 1314.26 feet to the point of beginning, comprising 36.71 acres, more or less. Pacific Land Surveyors. a division oC POWER Engineers, Inc.. an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors PL LANG r.1 5710 OG 9r f of S G. DGB/EDM Douglas G. Bergey, P.L.S. CD HUI �8�� mW..a�s��33a�❑ u hum s ¢ \ � ��k� •.;..,• N O a N .. N n I d, �� I <®�'••'•, wm�N �fnON Qm O KO0m i Zww_ w l ZNO I Z W I G1 m r �.Ig 9'' C3 EE e=pOWO' 000 V X Z 70 a73 a1 u 1:�: Nn.mN a�N N[LmN 6 � E�.in %���IIIIII Z 0 VI Y W VJ W O Q -j W, a J W a=o) k J1 W r a t' U " Q r Z 1 17W j. [� .r 1� 4it O Iii 7;;w IMWW WSE is WARRANTY DEED FVXr AMStrMME 00- .97 RpR 1� Pr1 3 44 j 8! 1; "0" for Vgw Reoebtd Jaanaa W. met 40 Lois J. MUM husband and t D i+ J L t:: , I n t - u aT 0 i btejm� rchxwA to as Cramer, doer beigby rML bares. %elk Md cta my Mao Look I staw, a m Haan m bit tole am aepemate plopaty jreiadter referred to as Grans, entreat u S54 zast esu•wa mood, Suite 8 ®tmstet, CA 95301 the (Wivow d WOMItes. W*lt SEE EmisIT "Aa ATTACHM KUTO AND WE A PART MEOF . Te HAVE AND TO HOLT! f" slid pteaises, tt*b cbmt �R�M,prc U mn 4e -tw rivintre. his hti.� tSBvemnt to "A wit% the felted that (wantnr i% and a&%jeng fortm, /dad INC raid Graotae do" ht*dry i�ra ttre fttlr lrnttl aA e►oc>tmslYtasYt� ��'� nhsrnt Fbe mmet is !ee pk a! at►ad ;that Bifid Qre Y"" lautt, kve�stt, *ad WWA*Menta, arA empt ITs. raw teaatvatiR++t�, teNrkti<+t�, ts",M. rota nt rercxd, tmd eaenteuftx eiia"hle aptm the pr,entistla, and that ('�raernr wnU warrant and tltfetfd the 4amr hnrt+ ifq clffmf� whfataoem. Dated: Apr 141 1997• snr+ ��} ��r •. + � � s 1 F h ..Y Y b All - i 5�-r'� v_..e, , j� t:w. r ri tt "`4 �'4 • ! 1 i �5 �i el . K('.�.�..}�t ir�tM 'f ��y J`> t�+t'•.l X41 r •! +yf • } ! t � 1. L. t a'�'i{ltr•r 4 1' 'fe \ P +rri } L V l ] V r : , �: ,? -�ti a � i�° f r �t�'2S wt �lrfY s� r } it.`} jyy \ •• la r_ s..^ a J s'E' ••6}1+. t + r _ ` 7'+'� .,� Amb Part .,kiwd+tk t .f ..abo.�c ili.zrbssd i r, _ ate.. t. � ���1 �\: �„•♦ � l- � y j ' , '1 J• STATX OrZDAH0 4} f , 4 Co5 tit mc7 Ott tltirr �.� -� t 4w l�Dlct�l' f t' MePub&�s 10 tj9 ; � Delors mo �� i•. /r�VorOw.7�/r � v r; In stn& for -.ad, Stats y �w'r : oDPr�: , . ■Al�� � � � ' 5: ' + h i:M tl itnribrf�esat,'aad known to me to Do the peraao a . whom Aaast Or mkTiovi1odgad)ba, am Oat zN �rrxiass w . t h i�f lttrwrn�a at i4 d plot ta. dei sa vrar in this tardfku s first kbo d WrMON. i t 2iol lrr Petr the state of Idaho) - , � + lti■id�st a � 8ois>t Liabio. , 441,� t ' ' :4' 'Jl i' • t t 3 •Aj) � K f P.01 MAR -10-1998 16:19 STEINER DEVELOPMENT RECORD OWNER AFFIDAVIT I, Louis J. Steiner. do hereby certify that I am the record owners of the land dwribed as "Wilkins Ranch at The Lakes" (15.17 acres toned R-4) in an application for Preliminary Plat and Annexation being submitted to the City of Meridian for consideration_ Dated this /0 day of ey: ouis J. Sterner STATE OF CALIFORNIA ) ) SS. County of Merced N THISd day of CC VG V ` ,9 � rbefom me a notary public in O .pS J Src" arm far said State personally appeared .Qil known to m® to end acknowledged to be the P® ns whose name is subscribed to the within instrument, me that bt, f executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and eiTixbd MY official seat the day and year first written above. My Notary Commission Expires ( 710/0 b —. 19— My Na+a>Zr 800 Expires d 119— Notary 19® Notary Pubfto for Caliifomia Residing at 'M G California David Bakken QCOMM. #1020700 //�� NOTARYPUBUC OALIFORNIX) MERCEo COUNTY 0 Gomm. E'*trm MWCh 20. lob" TOTAL P.01 RECORD OWNER AFFIDAVIT We, John and Ruth Wilkins, do hereby certify that we are the record owners of the land described as "Wilkins Ranch at The Lakes" (36.71 acres zoned R -T) in an application for Preliminary Plat and Annexation being submitted to the City of Meridian for consideration. Dated this /c- day of - ��% f 19 By: John Wilkins y R th Wilkins STATE OF IDAHO) ) SS. County of Ada ) ON THISr -? day of .j l� Gi'LCti , 1; before me a notary public in _ C_ _ _ ed and for said State, personally appeaknown rto me t i be the persons who eI name is subscribed to the within instrument, and acknowledged to me that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. My Notary Commission Expires 4 101 d My Notary Bond Expires Notary Public for Idaho Residing at.� 1� , Idaho MANUFACTURERS AND COLOR CHARTS Stucco and Siding colors - Body: #1 #2 #3 #4 Blue Grey Oatmeal Santava Chablis Overhang and Fascia: White Roofing: Brand Iko Style Cambridge Ultra Shadow Color Charcoal Grey Outside: Stucco or Siding Stucco Lahabra Stucco Siding Weyerhauser Y2 Cottage Cap Siding Brick Accent on Certain Plans: Mutual Material #1 #2 #3 #4 Canyon Mist Old Town Used Chateau Ashlund SRI �3rii fit;_ ��, MANUFACTURERS AND COLOR CHARTS Stucco and Siding colors - Body: #1 #2 #3 #4 Blue Grey Oatmeal Santava Chablis Overhang and Fascia: White Roofing: Brand Iko Style Cambridge Ultra Shadow Color Charcoal Grey Outside: Stucco or Siding Stucco Lahabra Stucco Siding Weyerhauser Y2 Cottage Cap Siding Brick Accent on Certain Plans: Mutual Material #1 #2 #3 #4 Canyon Mist Old Town Used Chateau Ashlund I, Doug Campbell, an agent of Steiner Development, L.L.C, do verify that the information contained herein is true and correct. OPTION TO BUY AFFIDAVIT PRELIMINARY PLAT/ANNEXATION REQUEST AFFIDAVIT POSTING AFFIDAVIT I, Doug Campbell, an agent of Steiner Development, L.L.C. do hereby certify that Steiner Development, L.L.C. has an option to buy from the record owner of the land described as "Wilkins Ranch" in an application for Annexation and Preliminary Plat being submitted to the City of Meridian for consideration. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be poste the Cone ity of eek before the public hearing stating that theabove-mentioned app Meridian have been made. Dated this �ffday of , 1998 By: Do Cam ell STATE OF IDAHO ) SS. County of Ada ON THIS q day of /%� P 19q_g before me a notary public in and for said State, personally appeared �'z'�'�%a iob��, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires 19_ Notary Pu a o Idaho Residing at?'�� �'' , ASSOCIATED EARTH SCIENCES I '", :510LOGY GEOLOGYRESOURCEINEERING - PLANNING ANIL SURVEYS - SOILD SITE INVESTIGATIONS ND i. "`''CITY 4696 Overlaid Rd., Suite 516 Boise, Idaho 83705 October 31, 1997 Keith Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, ID 83704 (208) 336-8661 RECEIVED NOV 0 5 1997 PLS Dear Keith: This report pertains to soil physical properties and internal soil drainage conditions found on the Wilkins property located in the NENW of Section 3, T3N, R1W, BM, Ada County. Test holes were examined at five locations where retentionoponds may be ion of each lacare attached. Field notes for the test holes and a plat map showing the approximate Test hole No. 1 (TH1) representing the area for a retention pond just south of the farmstead, currently has free water (water table) at an 80 depth, is saturated to within 70" of the ground surface, and was very moist below 52". Iappear hew rs thatound during the peak of the irrigation season, the water table would rise to within 5 of g Test holes No. 2, 3, and 4 (TH2-4) are located along the drain ditch that crosses the property. Free water (water table) currently ranged from 67" to 82" below the ground surface in the three pits, they were saturated below depths of 48", 66" and 37", respectively. Mottled d 18" indicate very high water tables during the and gleyed colors below depths of 11", 16" an peak irrigation season. Test hole No. 5 (TH5) located adjacent to 8 -mile lateral, currently has free water (water table) at 113" , is saturated below 110", and is very moist below 80". Fluctuating water table appears to rise to about 80in the area represented by this test hole. The non -fractured strongly cemented hardpan (35-80" depth) could perch water above it, if over irrigation occurs. If you have questions about this report, or if I can be of further assistance, please call me at (208) 336-8661, office; or (208) 375-7565, home. Sincerely, Glen H. Logan Certified Professional Soil Scientist i AES Soil Evalui-. ?_,ohs Evaluation Date 10/28/97 '.-ed by Keith Jacobs for Wilkins Property Phone (208) 378-6385 Address 290 N Maple Grove Rd. City Boise State Idaho Zip Code 83704 Lot Size Bedrooms ----- Parcel See attached plat Legal Description Part of NENW of Section 3 T3N RIW BM.._Ada Count Slope0-2% Evaluated By Glen H Logan, CPSS Additional into: TH1 - 80" to free water (water table), saturated below 70", very moist below 52". Fluctuating water table appears to rise within 52" of the ground surface during the peak irrigation season. TH2 - 67 to free water (water table), saturated below 48", field capacity below 35". Fluctuating water table appears to rise within 11" of the ground surface during the peak of irrigation season. TH3 - 82" to free water (water table), saturated below 66", very moist below 16". Fluctuating water table appears to rise within 16" of the ground surface during the peak of irrigation season. Pit TH2 Pit TH3 Pit TH 1 0-11" Silty clay loam (30% 0-16" Silty clay loam (30% C), 10YR 3/3, many 0-15" Silt loam (25% C), IOYR 3/4, common C), IOYR 3/4, many fine and common fine and common fine roots. medium and coarse medium and coarse 15-24" Sandy loam (15% C), roots. roots. IOYR 5/8, few fine 11-35" Silt loam (20% C), 16-48" Silt loam (20% C), roots. IOYR 3/4 matrix, 2.5Y 4/4 matrix, 24-52" Weakly cemented 5YR 5/8 mottles, few 5YR 5/8 mottles, common fine and pan, fractured, few fine and medium few medium and fine roots. roots. coarse roots. 52-72" Loamy coarse sand 35-48" Extremely gravelly silty clay loam (30% 48-66" Silt loam (20% C), (<5% C), IOYR 4/3, C), IOYR 4/4 matrix, IOYR 4/4 matrix, no roots. 5YR 5/8 mottles, no 5YR 5/8 mottles, no 72-77" Weakly cemented roots. roots. pan, IOYR 4/3, very compact, 'no roots. 48-84" Extremely gravelly 66-96" e coarse Bandry l loamy C), loamy medium sand 77-91" Very gravelly loamy (<5% C), variegated variegated color, mottled and gleyed, medium sand (5% C), color, mottled and loose, variegated gleyed, no roots. no roots. color, no roots. Additional into: TH1 - 80" to free water (water table), saturated below 70", very moist below 52". Fluctuating water table appears to rise within 52" of the ground surface during the peak irrigation season. TH2 - 67 to free water (water table), saturated below 48", field capacity below 35". Fluctuating water table appears to rise within 11" of the ground surface during the peak of irrigation season. TH3 - 82" to free water (water table), saturated below 66", very moist below 16". Fluctuating water table appears to rise within 16" of the ground surface during the peak of irrigation season. AES Soil Evaluation Requested by Keith Jacobs for Wilkins Proper Evaluation Date 10/28/97 Phone (208) 378-6385 Address 290 N. Ma le Grove Rd. Boise Idaho Zip Code 83704 City State _ Lot Size ----- Bedrooms ----- Parcel See attached lat p Legal Description Part of NENW of Section 3 T3N R1W BM Ada Count Slope 0-?% _ Evaluated By Glen H Logan, CPSS Pit TH4 Pit TH5 0-18" Silt loam (20% C), 0-12" Silt loam (20% C), IOYR 3/4, many fine IOYR 3/3, many fine and common medium roots. and coarse roots. 12-35" Silty clay loam (30% 18-36" Silt loam (25% C), C), 10YR 4/4, very weakly cemented, 2.5Y 4/4 matrix, 5YR 5/8 mottles, common few fine roots. fine and few medium 35-80" Strongly cemented roots. hardpan, non 36-48" Gravelly silt loam fractured, no roots. (25% C), 2.5Y 4/4 matrix, 5YR 5/8 80-98" Sandy loam (15% C), mottles, few fine 7.5YR 4/4, no roots. roots. 98-120" Very gravelly loamy 48-67" Very gravelly sandy coarse sand (5% C), clay loam (25% C), variegated color, no 7.5YR 4/4, no roots. roots. 67-96" Very gravelly coarse sand (0% C), variegated color, mottled and gleyed, no roots. TH4 - 82" to free water (water table), saturated below 36", moist below 18". Fluctuating water table appears to rise within 18 of the ground surface during the peak irrigation season. TH5 - 113" to free water (water table), saturated below 110". Fluctuating water table appears to rise within 80" of the ground surface during the peak of irrigation season. I, Doug Campbell, an agent of Steiner Devnt, a pplicant agree to pay any additional sewer, water, or trash fees or charges, if ny C i d with the use of this property. G Doug Campbell 1295 S. Eagle Fligljt Way Boise, ID 83769 (208) 378-6387 Fax (208) 378-0025 (' PROJECT: 549121, DATE: March 11, 1998. DESCRIPTION FOR WILKINSPROPERTY A PORTION OF THE NORTHEAST QUARTER OF, THE NORTHWEST QUARTER OF SECTION 3 T. 3N,, R. IW., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the Northeast Quarter of the Northwest Quarter of Section 3, T.3N., R. 1W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T.3N., R. IW., B.M., Ada County, Idaho; thence along the Easterly boundary of the said Northwest Qsti k R ad,Section iron pin alOso being" West 48.00 feet to an iron pin on the Southerly right -of way o the REAL POINT OF BEGINNING; thence leaving said Southerly right-of-way, and continuing along said Easterly boundary, i Lake At Cherry Lane South 4 00°27'29" West 1,317.57 feet to an iron pin on the Northerly boundary Subdivision as filed for record in, office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at pages 7674 and 7675, said iron pin also marking the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 3; thence leaving said Easterly boundary, and along the Northerly boundary of said The Lake At Cherry Lane No. 4Subdivision, said Northerly boundary also eg9°18'S8'g the Southerly West 8 34.83aary Of feet : to the point Northeast Quarter of the Northwest Quarter of Section 3, No rth the centerline of the Eight Mile Lateral; thence leaving said Southerly boundary, and along said centerline of the Eight Mile Lateral the following courses and distances; thence North 35°3717 West 89.76 feet to a point; thence North 38'08'17" West 153.90 feet to a point; thence North 43013'23" West 40,8.30 feet to a point marking a point of curve; 'thence along a curve to the left 68.90 "feet, said havingcurve 88 f et bearing North 45551918a West radius of 750.00 feet, tangents of 34.47 feet, and a long fiord of to a point on the Westerly boundary of the said Northeast Quarter of the Northwest Quarter of Section 3; thence leaving said centerline, and along said Westerly boundary, North 00°32'59" East 786.97 feet to an pin the said Southerly right-of-way of W. Ustick Road; thence leaving said Westerly boundary, and along said Southerly right-of-way, South 89110'38° East 1314.26 feet to the point of beginning, comprising 36.71 acres, more or, less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation i 1295 S. Eagle'Flight Way Boise, ID 83709 (208) 378 6387 Fax (208) 378 0025 PROJECT: 549.121 DATE: March 10, 1998 DESCRIPTION FOR CH AT THE LAKES SUBDIVISION W11,KINS RAN F A PORTION OF THE NORTHWEST QUARTER OF SECTION 3 T,3N., R. 1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Northwest Quarter of Section 3; T.3N., R.1W., B.M., Meridian, Ada County, Idahoand more particularly described as follows: Beginning at a Brass cap,marking the Northeast corner of the Northwest Quarter of Section 3, T. 3N., R. 1W., B•M•, Meridian, Ada County, Idaho; of the said Northwest thence along the Easterly boundary st Quarter of Section 3, South 00°27'29" West 48.00 feet to an iron pin on the Southerly right-of-way of W: Ustick Road, said iron pin also being the REAL POINT OF BEGINNING', thence leaving said Southerly right-of-way, and continuing along said Easterly boundary, South iron pin on the Northerly boundary of The Lake At Cherry Lane No, 4 00027'29" West 1,317, 57 feet to ana County Recorder, Boise, Subdivision as filed for record in the office of the tile Southeast corner of the Northeast Quarter of 'Plats at pages 7674 and 7675, said iron pin also markingg Northwest Quarter of said Section 3; thence leaving said Easterly boundary, and along the Northerly' boundary of said The Lake At 89018158"West 301.76 feet to an iron pin Cherry Lane No. 4 Subdivision, North; thence leaving said Northerlyboundary, and along the Westerly boundary of said The Lake At uth 00 3018 West 269.69 feet to an iron pin; Cherry Lane No. 4 Subdivision, So hence leaving said Westerly boundary, North 85°10'18" West 136.33 feet to an iron pin; thence North 60°40'15" West 164.39 feet to an iron pin; thence North 79°02' 15" West 61.16 feet to an iron pin; thence North 89018149" West 398.40 feet to an iron pin; thence South 11°00142" East 399.24 feet to an iron pin; thence South, 61°49'13" West 165.37 feet to an iron pin; West 283.07 feet to an iron pin; hence North 42043129" thence North 13056'20" West 266.06 feet to an iron pin; thence North 08116'07" West 125.42 feet to an iron pin; Pacific Land Surveyors, a division of POWER Engineers; Inc,; an Idaho Corporation - thence North 05°49'06" West 249.89 feet to an iron pin; West 77.08 feet to an iron pin; thence North 35°28'22" i thence North 42°31' 18" West 70.53 feet to an iron pin; thence North 53°15'09" West 86.07 feetto an iron pin; thence North 56628132" West 79.07 feet to an iron pin; , thence North 63013116" West 65.34 feet to an iron pin; thence North 78605129 West 71:13 feet to an iron pin; as thence North 89023'04" West 80.94 feet to an iron pin marking f the Ada County Recorder, the Southe t corner of Lot l ,of Block 13 of Ashford Greens' Subdivision as filed for record in the office Borne; Idaho, in Book 73 of Plats at'pages 7567 and 7568; thence along the Easterly boundary of said L 1, of Block l cki13 offAshforway d Greens S bdivisake I ion, North 00°36'56° East 115.00 'feet to an iron pin on theY thence leaving said Easterly boundary and Southerly right-of-way, wayy,,e Drive;h,05°38'41" East 50.19 feet to an ironpin on the extended Northerly right-of-way of W. M ght-of-way, North 00136'56" East 110.00 feet to an iron thence leaving said extended Northerly ri Pini "East 253.95 feet to an iron pin on the centerline of the Eight Mile thence South 89123'04" Lateral; thence along said,centerline of the Eight Mile Lateral the following courses and distances, the South 54°20'47" East 122.28 feet to an iron pin; thenceSouth 60°48'47" East 50.10 feet to an iron pin marking a point of curve; thence along a curve to the right 161.36 feet; said curve 161104 feet bearing South 5"4°38 59" ng a central angle of a radius of 750.00 feet, tangents of 8099 feet, and a long chord of 1 East s f iron pin on the Westerly boundary of the said Northeast Quarter of the Northwest Quarter of Section 3; thence leavingsaid centerline, and,along said Westerly boundary, North 00132'59" East 786.97 feet to an iron pin on the said Southerly right-of-way of W. Ustick Road; iesterlyboundary, and along said Southerly right-of-way, South 89°10'38" thence leavng said W East 13`14.26 feet to the point of beginning, comprising 51.88 acres, more or less, RECORD OWNER AFFIDAVIT We, John and Ruth Wilkins, do hereby certify that we are the 36.71 acres zoned RrT) in an application d owners of the f or described as "Wilkins Ranch at The Lake Preliminary Plat and Annexation being submitted to the City of Meridian for consideration. Dated this /r, day of /��a � 19 By. z John Wilkins By: ✓ t_____ Ruth Wilkins STATE OF IDAHO) ) SS. County of Ada ) ON THIS %C_ day of } _i tC �' jq'L; before me a notary public in and for said State, personally appeared -� CY 1�1 `� +��U�I i « �� and known to me to be the persons whose nameis d the sameed.to the within instrument, and acknowledged to me that IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. My Notary Commission Expires My Notary Bond Expires Notary Public for Idaho Residing at - ► �' , Idaho MAR -10-1999 16:19 STEINER DEOELOPMENT RECORD OWNER AFFIDAVIT I, Louis J. Steiner, do hereby certify that I am the record owners of the land described as Wilkins Ranch at The Lakes" (15.17 acres Zoned R-4) in an application for Preliminary Plot and Annexation being submitted to the City of Meridian for consideration. Dated this 1 t/ day of _ f�ljGl� — .� By: ouis J. Steiner STATE OF CAUFORNIA ) ) SS. County of Merced ) ON THIS _ L — day of C( VG before me a notary public in and for said State, personally appeared known to me to be the Pe ns whose name is subscribed to the within instrument, and acknowledged to me that K / executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official seat the day and year first written above. My Notary Commission Expires /-Z-O-I�t b , My Notary Bond Expires t 19 19_ Notary Public for Cardomia Residing at 04"1Gl� Gt . California David Bakken V Cpmm. #1020700 / Q NOTARY PIlBUC CA"F —A ) NEApEo COUNTY n Gomm. e4ow Mwoh 20.18981 P.01 TOTAL P.01 •. i�� � �" � 7rTary �P ` o ;. %r.��. � � � �r.,•.r?��1��•`ti•���..'�`'11S" r•r. .J . r 1"�'G i -. � � f-�1 �/ 4ir .�h <r5+..:1 � JZ y�- ••"� �O +1'i li < r _ t' _. J 'k �'F ,� Yt-i�r.•�o ` 'AM 'rG,��+' y •) t!. -t m.�' ra'. kfx r F '�- .s ` < J. t .,1 i j .his , •e y� � c 1l { , ` GW� Mid Isit tkf� dlttkjta't'4� •�Ir X rt I' r . •04 eesl .:� ted rr rW�.7�++�.1� ! ` 1 :' 1;`yt. ��� . 4 d - G'i ; t r 1 �.G •,. MFM - c v G a. 1 }• --..i — l� j .r+ •� r • <' of �, ��i .yin �, I ,.1 STATZ 0!' PAHO. } , ty (it --Olt t?dt.�...�+ t q( ?�DYtt31'� L ' yMr ip rjB . Defore me :.� in aad.tor'wd fiats. P --Any: app -zed. , VR1V= 264:`I" VBZ�'1'La, . *'R knoto me to ore De the period a • whom nems tPf !e tb wttiia bohwmt,. sad sthi6lrlodpd ie we that �e nsaeQbd tb srMw �tG jy�r. .. 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Orld- 46 a Vi'4f .";the are...'eft'vey V, gur. `!44 ".6 'AL �OW - / f •_ ,1 1 _0 WP IN: 1., WR BEFORE THE MERIDIAN CITY COUNCIL C/C 09-05-00 IN THE MATTER OF THE ) Case No. AZ -00-016 APPLICATION OF STEINER ) FINDINGS OF FACT AND DEVELOPMENT, LLC, THE ) CONCLUSIONS OF LAW AND APPLICATION FOR ) ANNEXATION AND ZONING ) DECISION AND ORDER OF 10.19 ACRES FOR WILICINS ) GRANTING APPLICATION RANCH VILLAGE ) FOR ANNEXATION AND SUBDIVISION, LOCATED ) ZONING SOUTH OF USTICK ROAD ) AND EAST OF BLACK CAT ) ROAD, MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearing on August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT ORDER GRANT NG APPLICATION 1 AND DECISION AND FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for armexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one .week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILICINS RANCH VILLAGE PUD (AZ -00-016) evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 6. The owner of record of the subject property is Louis J. Steiner , of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R -T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) a single-family residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R -T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 14, The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for Aon -domestic purposes such as landscape irrigation. 16.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2..K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian walkways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48 -feet of right-of-way from the centerline of Usticic Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall 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 ACID Ordinance # 193. 16.9 Construct a 5 -foot -wide concrete sidewalk on Usticic Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall 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. 16.11 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. 16.12 The proposed knuckles located at the north and south end of Sagefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 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 shall 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. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 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. 16.18 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR .ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) r 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 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. 16.21 The responsibility of the applicant shall be 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. 16.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 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. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20, The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ,AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) Plan of the City as follows' 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning .Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and 'improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord, No. 629, ranuary 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4,1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. FINDINGS OF FACT ORDER CONCLUSIONS APPLICATION 11 AND DECISION AND FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community - 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LA - Page W 12 AND DECISION AND ORDER FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILICINS RANCH VILLAGE PUD (AZ -00-016) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chanter Policies 3.1U, 3.2U Land Use Chanter Policies 2.1U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas Chanter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Trans ortation Chapter Policies 1.6U, 1.9U Open Spaces, Parks and Recreation Policies 3.1, 5.3 Housine Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, I.I8 C'onununity Desism Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: R-$ Medium De Residential District: andThe o purposed of e R 8 District is to permit the establishment of single Y density not exceeding eight (8) units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. FINDINGS OF FACT .AND EOG AUNSTING APPNS OF LICATION 13 AND DECISION AND ORD FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4.J 3.,. which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides, in part, as follows: or If property is annexed and zoned, can the Or may require make a�twritten condition of the zoning, that commitment concerning the use or development ftherecorded subject pthe roperty. of the commitment is required or permitted, it shall Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified �eTeo �etebthe eachCity subsequent the commitment shall be binding on the o parcel, FINDINGS OF FACT AND CONCLUSIONS OF �CATION 14 ,AND DECISION AND ORDER GRANTING APP FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIUNS RANCH VILLAGE PUD (AZ -00-016) owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of bindinperty even if it is unrecorded; and however; an unrecorded commitment is g on subsequent o vne each otherperson acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I , The applicant's request for annexation and zoning of approximately 10.19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: FINDINGS OF FACT AND CONCLUSIONS �PL''�;I,TON 15 AND DECISION AND ORDER FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIUNS RANCH VILLAGE PUD (AZ -00-016) Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works D-epartment. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots SthroBlock et on theoside� adjacent hibit the construction of any fencing higher than e t6 the pedestrian walkway lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48 -feet of right-of-way from the centerline ` Road abutting the parcel by means of recordation of a final subdivisionP o 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 for allafter rri rigt of all requested ht -of -way dedicated material. The owner shall be compensatedg 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. 3.9 Construct a 5 -Foot -wide concrete sidewalk on Usticic Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center tum lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall 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. 3.11 Construct all public roadathin nd 5- oot �nede concrete sidewallcs within 50 oot street sections with curb, gutter, feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 3.13 Any proposed landscape islands/medians da intairied by a homeowners thin the public right-of-way dedicated by this plat shall be association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND ER CCRANTING �PLZCWATION 17 AND DECISION AND ORD FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIONS RANCH VILLAGE PUD (AZ -00-016) y is 3,14 Direct lot or parcel access to Ustick Road or Wilkins a shall be istated bit ri Lot access restrictions, as required with pp on the final plat. 3.15 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 shall result in to the Districtbstantial notiter thaor n 9100 The written request shall be submitted a.m. on the day scheduled for ACHD Commission action. 3.16 After ACHD Commission action, any requestwriting reconsideration he anot the and Commission's action shall be made i g Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request=°Cons reconsideredration shall and include specifically identify each requirement to be written documentation of data that was not available to the Commission at the time of its original decision. ior din 3.17 Payment of applicable road impact d Hance # 93are Tealsor known asto l Ada construction in accordance with Or County Highway District Road Impact Fee Ordinance. 3.18 All design and construction'shall be in Ada ooved Highway District Policy Manual, ISPWC Standards andapp 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 plan. 3.19 Applicant shall submit revised plans for approval, h incorporates any of building permit (or other required permits), required design changes. 3.20 Construction, use and property of th eAdatda Counshall ty H Highway District with all applicable requirements prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER G FOR ANNEXATION AND ZONING/ VILAWILKJNSBCHLGE PUD (AZ -00-016) r.� 3.21 The responsibility of the applicant shoes lama ed by thto verify all e applicant sting shall ties within the right-of-way. Existing utile g be repaired by the applicant at no cost to ACRD. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 No change in the terms and conditions of this lappoicant orlth al be valid a id unless they are in representative andsigned an authorized pp presentative applicant's ACHD. authorized The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require o the t ppl regulatory applicant apd g� ly with all rules, regulations, ordinances, plans, 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. 4. The City Attorney shall prepare for consideration by the City Council exation and zoning designation of the real the appropriate ordinance for the ann property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) t� in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of oy7J �P�''. �`' , 2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) VOTED VOTED VOTED —921— VOTED 4—� 921-/ VOTED4-� MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: l MOTION: APPROVED" ISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: 1ty Clerk msg/Z:\Work\History\M\Meridian\Wilkins Ranch AZ016 CUP040 PP\AZFfClsorder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) BEAL .� f 1 � T j Soil Evaluation ,valuation Date 10/28/97 Requested by Keith Jacobs for Wilkins PronertV_ Phone (208) 378-6385 Address 290 N. Maple Grove Rd. k city Boise State Idaho Zip Code 83704 ftt Lot Size ®®—®® Bedrooms ----- Parcel See attached plat 1, Legal Description Part of NENW of Section 3, T3N, RlW,.. BM, Ada County Slope 0®2% Evaluated By Glen He Loaan, CPSS Kamuoul tnro: THI - 80" to free water (water table), saturated below 70", very moist below 52". Fluctuating water table appears to rise withi Cof the ground surface during the peak irrigation season. 2 - 67" to free water (water table), saturated below 48", field capacity below 35". Fluctuating water table appears to ris within 11" of the ground surface during the peak of irrigation season. 3 - 82" to free water (water table), saturated below 66", very moist below 16". Fluctuating water table appears to rise withi. 16" of the ground surface during the peak of irrigation season. Pit TH 1 Pit TH2 Pit TH3 Silt loam (25% C), 0-11" Silty clay loam (30% 0-16" Silty clay loam (30% IOYR 3/4, common C), 10YR 3/4, many C), IOYR 3/3, many r15-24" fine roots. fine and common fine and common medium and coarse medium and coarse Sandy loam (15% C), roots. roots. IOYR 5/8, few fine roots. 11-35". Silt loam (20%® C), 16-48" Silt loam (20% C), IOYR 3/4 matrix, 2.5Y 4/4 matrix, 24-52" Weakly cemented 5YR 5/8 mottles, few 5YR 5/8 mottles, pan, fractured, few fine and medium common fine and fine roots. roots. few medium and coarse roots. 52-72" Loamy coarse sand 35-48" Extremely gravelly (< 5 % C), IOYR 4/3, silty clay loam (30% 48-66" Silt loam (20% C), no roots. C), IOYR 4/4 matrix, IOYR 4/4 matrix, 5YR 5/8 mottles, no 5YR 5/8 mottles, no 72-77" Weakly cemented roots. roots. pan, IOYR 4/3, very compact, 'no roots. 48-84" Extremely gravelly 66-96" Very grave!1v loamy loamy medium sand coarse sand (5% C), 77-91" Very gravelly loamy (<5% C), variegated variegated color, medium sand (5% C), color, mottled and mottled and gleved. loose, variegated gleyed, no roots. no roots. color, no roots. Kamuoul tnro: THI - 80" to free water (water table), saturated below 70", very moist below 52". Fluctuating water table appears to rise withi Cof the ground surface during the peak irrigation season. 2 - 67" to free water (water table), saturated below 48", field capacity below 35". Fluctuating water table appears to ris within 11" of the ground surface during the peak of irrigation season. 3 - 82" to free water (water table), saturated below 66", very moist below 16". Fluctuating water table appears to rise withi. 16" of the ground surface during the peak of irrigation season. soil zvaltlatioli e5ted by th Jacobs for willcins Property ?per ess 290 N_ Ma le Grove Rd. E',d t®ise State Idaho ��1tY Bedrooms ®®®®® Size ®®®®® Eva uatjon ®ate 10/28/97 Phone 208 378®6385 Zip Code 83704 Parcel See attached plat al Description ne 0®21 Evaluated By Glen Ii - Lo an CPSS acoarse 4 0-18" 0% C), many fine n medium roots. 15-36" Silt loam (25% C), 2.SY 4/4 matrix, 5YR 5/8 mottles, common fine and few medium roots. 36-48" Gravelly silt loam (25% C), 2.5Y 4/4 matrix, 5YR 5/8 mottles, few fine roots. 48-67" Very gravelly sandy clay loam (2596' C), 7.5YR 4/4, no roots. 67-96" Very gravelly coarse sand (0% C), variegated color, mottled and gleyed, no roots. 98-120" Very gravelly loamy coarse sand (5% C), variegated color, no roots. F` ion—Ta info: " water table), saturated below 36", moist below 18". Fluctuating water table appears to rise wither. _ 82 to free water ( of the ground surface during the p� irrigation season. orounc i - " to free water (water table), saturated below 110". Fluctuating water table appears to rise within 80" of the 113 °ace during the peak of irrigation season. pit ,M5 0-12" Silt loam (20% C), 10YR 3/4, many fine roots. 12-35" Silty clay loam (30% C), JOYR 4/4, very weakly cemented, few fine roots. 35-80" Strongly cemented hardpan, non fractured, no roots - 90 -99" Sandy loam (15% C), 7,5YR 4/4, -no roots. 98-120" Very gravelly loamy coarse sand (5% C), variegated color, no roots. F` ion—Ta info: " water table), saturated below 36", moist below 18". Fluctuating water table appears to rise wither. _ 82 to free water ( of the ground surface during the p� irrigation season. orounc i - " to free water (water table), saturated below 110". Fluctuating water table appears to rise within 80" of the 113 °ace during the peak of irrigation season. ASSOCIATED EARTH SCIENCES INC. BIOLOGY • GEOLOGY • ENGINEERING • SOIL SURVEYS • SOIL AND WATER QUALITY • RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd., Suite 516 Boise, Idaho 83705 (208) 336-8661 July 9, 1999 Stan McHutchison Briggs Engineering, Inc. 1800 W. Overland Rd. Boise, ID 83705 Dear Stan: A soil investigation to determine soil physical properties and internal drainage conditions was completed, 7/6/99, on Wilkins Ranch, in the NENW of Section 3, T3N, RIM, BM, Ada County. Two test holes were examined and described. Field notes and a location map for the test holes are attached. Depth to free water (water table) at the time of excavation ranged from 57 to 65 inches. The soils were saturated below a depth of 36" and 60" down to the free water. At this time of year the water tables generally are rising due to irrigation water application, and will reach their peak about the third week of August. After that point they tend to drop until they reach their lowest depth, usually in mid to late winter. Water table levels should bbd about th and o£ October each -of the installed monitoringwells eve 10 da s between now Test holes TH 1 and TH2 had strongly cemented to indurated hardpans at 17-56" and 14-36" depths, respectively. Very gravelly loamy coarse sand is below 68" in TH1 and below 57" in TH2. If you have any questions about this report, please call me at (208) 336-8661, office; or (208) 375- 7565, home. Sincerely, �. I w � Gam✓ Glen H. Logan Certified Professional Soil Scientist AES Soil Evaluation Evaluation Date 7/6/99 Requested By Stan McHutchison, Briggs Engineering, Inc. Address 1800 W. overland Rd. City Boise State Idaho Zip Code 83705 Phone (208) 344-9700 Lot Size — Bedrooms — Parcel — Legal Description Wilkins Ranch, NENW of Section 3,_T3N, RM BM, Ada Count Slope 0-1% Evaluated By Glen H Logan, CPSS I Pit TH1I Pit TH2 I 0-17" Silt loam (20% clayTI" Silt loam (20% + l OYR 3/4, commonclay), IOYR 3/4, fine roots common fine roots 17-56" Strongly cementedeakly cemented indurated hardpan, hardpan with about fractured, few fine 10% silt loam soil roots in upper part. (10% clay), IOYR 5/4, few fine roots 56-68" Sandy loam (5-10% clay), IOYR 4/4, no 25-36" Indurated hardpan, roots non -fractured, no roots 68-100" Very gravelly loamy coarse sand (<5% 36-57" Sandy loam (15% clay), variegated color, clay), IOYR 4/6 no roots matrix, 7.5YR 5/6 mottles, no roots 57-96" Very gravelly loamy coarse sand (5% clay), variegated color, no Additional Info: THl- Soil is saturated below 60" to a depth of 65". Free water (water table) is at 65" and below. TH2- Soil is saturated below 36" to a depth of 57". Free water (water table) is at 57" and below. LIP. 4A Jr E7,' piq 716 JII up=-4pm- z "111 im 10 I TOTPL P. UZ 111, Meridian Planning and Zoning Commission August 11, 1998 Page 19 Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 8: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT: MacCoy: At this moment, we are continuing the public hearing, is there anyone here that wish to stand up and make some comments on this? Smith: Mr. Chairman, if it's acceptable to the applicant I'd like to make a motion right now that we approve this preliminary plat. De Weerd: Second. Prior: Mr. Chairman, I think it would be necessary to close the public hearing. MacCoy: Okay. Smith: Do I have to restate my motion? MacCoy: You will in a minutes, yes. Do I have anybody out here that would like to make a statement? If not I will close the public hearing at this moment. Smith: Mr. Chairman, I'd like to make a motion that we approve this preliminary plat. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 14: PUBLIC HEARING: REQUEST FOR CONDIT 1O 42 E FAIRY USE PEMIT FOR OUTSIDE SEATING FOR STARBUCK'S BY SUE GENTY MacCoy: At this time I would like to have the applicant come forward and have a statement to make. RICK CARTWRIGHT 2530 VIRGINIA AVENUE BOISE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Meridian Planning and Zoning Commission August 11, 1998 Page 15 MacCoy: All agreed? MOTION CARRIED: All ayes. ITEM NO. 9: FINDINGS OF FACT AND CONCLUSINS OF LAW:RAN H A THEAUEST LAKES OR CONDITIONAL USE PERMIT FOR PUD SUBDIVISION BY STEINER DEVELOPMENT: Smith: Mr. Chairman I have the same comments on this item as I did on the last one, same issues. That Steiner Development could get a copy of the meeting minutes and the Findings of Fact. I think they have all the information that they need to incorporate on to their preliminary plat so we can move this forward. So again I'll go ahead and make a motion that we table this item until our September 8 meeting. MacCoy: Is there a second? Borup: I'll second that. MacCoy: All in favor? Bradbury: Mr. Chairman, could I be heard on that as well? Prior: It's a little now. The item has been — Borup: Well 9 has. Eight is still coming up. MacCoy: Yeah, we did nine just now. Bradbury: Mr. Chairman, I guess I just want to state for the record that I have no idea why it is that this matter is being tabled. When we were here a month ago, we spent a substantial amount of time discussing what needed to done and the only change that was asked of the applicant was to make a modification to reflect larger park space in that one area, and here it is. It's one thing that you ask to change — Smith: But we didn't have that. Bradbury: It's here. I don't understand. m Allyou hat to do is e last tn up hroe. map and look at it and see if what the proposal is Y Smith: It wasn't in my packet. Bradbury: It was a single request that you made. And-] don't (End of Tape) Meridian Planning and Zoning Commission August 11, 1998 Page 16 Bradbury:... my understanding was that we all had an agreement upon what was to be required and that was a simple change to the plat and here it is, and yet now we're being continued on the Findings and the plat from my perspective for no good reason whatsoever. Smith: I disagree with you because the same issues that we just discussed on the last application are the same issues of why I made a motion to table this one. I didn't get one piece of information in my packet that showed the change that was made. I don't care how simple it is. The fact is that we've been told that the stuff going to the City Council isn't getting done. It's not on the information that's right in front of us. Bradbury: Well Mr. Smith last time you continued the public, meaning the public hearing was left open for the purpose of providing you the information which you requested and you tabled it to this date, and here we are with the information that you requested. Smith: And I believe we ordinances that state when we're suppose to receive information in our packets for a public hearing, and we didn't get it. Bradbury: But this is a continued public hearing. Borup: This is not a public hearing that we just voted on gentlemen. Smith: No, but it's tied to the public hearing we're going to hear next on the preliminary plat that we didn't receive. That's a public hearing, and that's why we just said we weren't going to forward the Findings of Fact on the last one is because it would go ahead without the preliminary plat. I mean Steve, I don't like making you guys keep coming in here. I really don't. Bradbury: If this process was made just a little — I mean we spent I don't know an hour and half two hours here at the last meeting, and we walked through this thing point by point by point by point. We came to an agreement on what was required. The only change that I understood that you were asking for was the provision of more park space. That meant that we were going to show you a preliminary plat. You closed the public hearing on the conditional use permit so that you could adopt Findings of Fact and Conclusions of Law on the conditional use permit tonight and then you continued the public hearing on the preliminary plat so that we could show you the change. Well here we are to do those things. And now you want to continue us again. De Weerd: Mr. Chairman, Mr. Bradbury and Commissioner Smith I did not vote on that because I haven't had the opportunity yet, but I do agree with Mr. Bradbury. The prior application had a number of things. This one had a change that was requested and agreed upon at the conclusion of the last special meeting we had. Because of the order Meridian Planning and Zoning Commission August 11, 1998 Page 17 of this Mr. Bradbury I guess it makes it difficult to approve Findings before we see the final plat because we do want them to go hand in hand. I do see your point. I will vote against tabling it, so you've got my nay vote on that. Because I think that — well first of all I am sick of seeing this on the agenda and I do think that they have done everything that we have asked them to do and I do believe that if what he says is true that that plat is done, then it should be forwarded on. Nelson: May I comment? Commissioner Smith is correct in that our last special meeting our request was we ended up with apparently with what's in your hand to forward on to city council. We haven't requested that we table that. He based that on not having what's in your hand. So I think Commissioner Smith was correct in tabling that and there's no reason for everyone to get too upset. We requested the plat showing the change. He didn't have it when he made that motion. So with that said I guess the discussion should whether to accept what's in the changed plat right now. MacCoy: Commissioner Borup? Borup: Well I think the situation here is a little bit different than the previous one because in the previous application there were several plat changes with some detail. We left the last meeting though exactly what the plat should look like. I mean we could have had this looked at and taken care of in thirty seconds because we all know what we're looking for, but the way I see it in reading the Findings you still do have a problem again we could have solved it and been on to the next agenda item by now. Page 17 it says Commission and applicant came to agreement certain lots to be made open space and that prior to approving the conditional use permit the applicant would have the revised preliminary plat showing the new open spaces requested by the commission. If we accept these Findings, well we can't accept, if we accept the Findings we're not following what they say. Could I suggest Mr. Bradbury that Mr. Bradbury you give him permission to pass out these plats and we can spend thirty seconds looking at it and then move on. Prior: Mr. Chairman, just a point of order, this commission just voted to table the conditional use permit. That item has been tabled. Now my advice to you is that you do not pass the preliminary plat on without the conditional use permit. You've tabled the conditional use permit. If I may, what you are going to need to do is if you want to pass this conditional use permit and the preliminary plat on you're going to have to make a motion to take that item back off the table and consider it and then you're going to have Mr. Bradbury look at the preliminary plat. Well we've got a150 people here waiting for a public hearing. De Weerd: I understand that Mr. Prior. I just want one more point is we are trying to make a statement here tonight and that is we will not accept any more incomplete applications and we do want everything prior to our meeting but we cannot penalize Meridian Planning and Zoning Commission August 11, 1998 Page 18 something that has been this way in the past every single time and expect them to understand it. We've made our statement. They've accepted on the last project. This one seems if we just look at this plat maybe we can move on, and that's what I'd be in support of, bringing this back to the table and if we everyone else agrees to it. Borup: Mr. Chairman, I move we move item nine from the table. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. Borup: Could you request Mr. Bradbury to pass out the plats? MacCoy: Bradbury — the commissioners the plat please. Borup: I've seen it. Mr. Chairman the only comment I have is they made the park space bigger than they said they were going to. MacCoy: What a shame. De Weerd: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. ROLL CALL VOTE: Borup, aye. De Weerd, aye. Smith,. nay. Nelson, nay. Chairman, yea. MOTION CARRIED: All ayes. Borup: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. A conditional use should be subject to review upon notice to the applicant by the City. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 15 1998 APPLICANT: WILKINS RANCH AT THE LAKES .....ION ITEM NUMBER: 9 REQUEST: CONDITIO 4AL USE PERMIT FOR WILKINS RANCH AT THE LAKES SUB. 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 STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED FINDINGS All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and Zoning Commission July 22, 1998 Special Meeting Page 26 Borup: Yeah, are we assuming that this meets what the applicant (inaudible). Smith: To replot 9 and 10? That works for me. l don't know if there's anything additional that either of you want to add on to it. And do we want to table this or continue the public hearing? Prior: Actually you want to continue the public hearing is the proper procedure. Now how much the city clerk Berg may not want to hear this, we need to continue the public hearing to allow the applicant to make the necessary changes. The lots 9. and 10 if I'm clarified on this is to be incorporated into open space. Then it will be resubmitted. Smith: Mr. Chairman, I'd like to make a motion that we.continue this public hearing on preliminary plat for Wilkins Ranch at the Lake, give the applicant time to revise the preliminary plat to include lots 9 and 10 along North Cowhide Avenue into the open space identified as lot 5 and incorporate the part of lot 5 that is' now open space into lot 11 until our August 11th meeting. MacCoy: Do I hear a second? Nelson: Second. Borup: I believe that's lot 8, block 5. Smith: I'm sorry. Borup: Yeah, that little one is too hard to read. Smith: I'm sorry I — block 5, lot 8, thank you. Borup: Are covered on the correction okay? Prior: You're fine. There's been a motion that lot 8, block 5 and lot 10 and lot 9 are. incorporated. There's been a motion. There's been a second. I need a vote. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 3: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT -FOR A PLANNED UNIT DEVELOPMENT FOR WILKINS RANCH AT THE LAKES SUBDIVISION. BY STEINER DEVELOPMENT LLC --- EAST OF BLACK CATiUSTICK INTERSECTION AND SOUTH OF USTICK ROAD. Meridian Planning and Zoning Commission - July 22, 1998 Special Meeting Page 27 STEVE BRADBURY 877 MAIN WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Bradbury: Thank you very much. Mr. Chairman, members of the commission, I don't have anything to add to this item. I'd simply like to ask that the testimony and discussion from the previous item be incorporated into this public hearing. But I would be pleased to respond to any additional questions. MacCoy: Mr. Borup, do you have any questions? Borup: I have none. MacCoy: Mr. Smith? Smith: None. Nelson: I have none. MacCoy: Commissioner Nelson doesn't have any either. And we don't have anybody in the house, so Commissioners what do you have in mind? Prior: Is the public hearing closed? I'm sorry I missed that. MacCoy: No, I didn't close the pubic hearing. Borup: We have no other comments. We can close the public hearing. Don't we need to close the public hearing first before we.make a motion? MacCoy: Yes, we can. Since there's no other comments, the public hearing is now closed. Commissioners? Smith: Is the motion on this — is the appropriate time to ask for the license agreement with the irrigation district? Prior: I wouldn't worry about it too much. The public hearing has been closed at this ---- - point so no. Smith: I mean making that as part of a motion? Prior: That you prepare Findings of Fact and Conclusions of Law. You can do that if you'd like. I'm going to do it anyway so whether you do it or not, it doesn't make any difference. At this point Findings of Fact and Conclusions of Law would be the proper motion though. Meridian Planning and Zoning Commission July 22, 1998 Special Meeting Page 28 Smith: Mr. Chairman, I'd like to make a motion that we direct the Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this item. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. Nelson: Mr. Chairman, I would like to make a motion that we adjourn. Smith: Second. Wait; I'll withdraw that second and allow Mr. Prior - Prior: Mr. Chairman, very briefly I had an opportunity to speak with some of the special counsel and some of the concerns about the lengthy meetings; and I'll be r a brief here. I spoke with them. What we are going to try to do is pass some type resolution for a policy. What I'm going to ask -the commission very briefly is come up with some ideas as to what they would like to incorporate as a policy for the next meeting. I'm talking about things such as requiring all people who come up to speak to be limited to a five minute discussion about their projects; and that will be it. Some things such as having a cap on the length of the meeting itself. In other words allowing the meeting to only go until 11:00 p.m. and anything after the 11:00 deadline will have to be considered at the next meeting. It's purely within your, procedural rights to set those kinds of things. Anything else that you would like to add then I'll draft an ordinance with your approval within 30 days. That's all I have. MacCoy: All right. Thank you. Borup: Are we going to discuss that sometime? Prior: I would. like you to come up with some ideas and — MacCoy: He's jumping the gun on me right here. He's a head -of me. Between now and the next meeting for the commissioners, we will have a meeting, and I've already - asked you to come 'up with some suggestions of what you're going to see. Some of the material we are going to discuss on that is just what John's gone through because he and I have spent a considerable time like I already said going through some of these details because I have personally fed up with this 2:00 in the morning situation. Nobody does well at that, and we are all going to end up looking up for a better timing. I am willing to go as we have discussed in the past all of us for two meetings a month if we have to based on the log that we have to review the materia! that is presented to the city. So that will be something we will have to discuss. But before our next meeting we will have had our meeting. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT T OTHE THE SUBDIVISION PLANNED UNIT DEVELOPMENT WILKINS RANCH A EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearings ril 14, 1998, May 12, 1998, June 17, July 14, 1998, and July on Ap licant, 22, 1998, at the hour of 7:00 o'clock p•m•► the App appearing through its representative, Steve Bradbury, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1, A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearings scheduled on April 14, 1998, May 12, 1998, June 17, 1998, July 14, 1998, and July 22 1998, the first , ublication of which was fifteen (15) days prior to said hearings: p ril 14, 1998, May 12, that the matter was duly considered at the Ap 98 June 17, 1998, July 14, 1998, and July 22, 1998, hearings; 19 , the ublic was given full opportunity to express comments and that p bmit evidence; and that copies of all notices were available to su _ page 1 FINDINGS EAND LLC CONDITIONAL PERMIT STEINER DEVELOPMENT WILKINS RANCH - PLANNED UNIT DEVELOPMENT newspaper, radio and television stations. 2. The property is located outside the City of Meridian City Limits but within the jurisdictional mile. The property is East of Black Cat/Ustick and South of Ustick Road. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as Rural Transition (RT) with 36.71 acres, and Low Density Residential (R-4) with 15.17 acres. Applicant is requesting an R- 4, Low Density Residential District, with a Planned Unit Development (PUD) of 51.88 acres. The proposed use of the property is to construct a total of 260 single family detached and attached units; 118 single family units, 35 custom single family units, 39 duplexes; 7 triplexes and 2 fourplex. The Applicant presented a site plan depicting the location of the proposed use. Pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, associated with the use, whether that use be residential, commercial or industrial. 4. That the R-4 District is described in the Zoning Ordinance, 11-2-408 B. 3•, as follows: R-4 LOW DENSITY gESTDENTIAL DISTRICT: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential ublic schools. The purpose of the (R - Development and P permit the establishment of low 4) District is to p and to delineate those density single-family dwellings, areas where predominately residential development has, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 STEINER DEVCHOPMPLANNED UNLLC OITDDEVELOPMENUSE T PERMIT - WILKINS RAN or is likely to occur in accord with the Comprehensioe Plan of the City, and to protect the integrity residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connectito on Municipal Water and Sewer systems of the City of Meridian. 5. That the planned residential development of 260 single units, 35 family detached and attached units; 118 single family four lex custom single family units, 39 duplexes; 7 triplexes and 2 p proposed by the in a district of R-4 Low Density Residential, as p P Applicant, is an allowed conditional use in the R-4 District. and 6. That the subject property is presently active farml with one single family residence on 36.71 acres and former farmland on the 15.17 acres. and is 7. That sewer and water is available to the property required. 8. At the April 14, 1998, public hearing the following testimony was given. g. Mr. Steve Bradbury substantially testified as follows; 36 acres is what is being proposed for that the northwesterly proposed annexation and the northeasterly 36 acres is what is being pro p for annexation, with a zoning of Rural Transition (RT), with an R -R designation, which would be consistent with the R-4 zones around g in the the project. That the southwesterly 15 acres is already Cit and zoned R-4; that the project encompasses a little under 52 Y acres, which would include 260 building lots, 153 of those lots being single family detached buildings, 107 single family attached. Page 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW - ITIONAL USE STEINER DEVELOPMPLANNED UNOTDDEVELOPMENT PERMIT - WILKINS RANCH Most of those would be two unit townhouses, and three unit townhouses, and two four unit townhouses. This would be about 5 units per acre. He noted that Steiner Development's s purpose for is 'ect is to provide a variety of housing types and living th pro7 area choices within a single family community. Each type of Living s been segregated within this project with a total of 5 different ha this sections. In the northwest corner, just over 11 acres, This section is proposed to section will be called "The Meadows"• as single story have 59 single family detached living units, lin s. Minimum square footage for this area would be 1300 dwel g to 1872. square feet, but ranging in square footage from 1304 up There are actually six different plans proposed for this area, with ten different elevations. Five of the plans have two elevation oices. Each unit would have a two car garage, and the lot sizes ch for vary between 4250 to 10,435 square feet. This area is proposed f lk ht -of -way. A five foo private streets with a 42 foot rig proposed. ate is pro p will be on one side of the street and a security g osed setbacks. Additionally, a small park area is planned, and prop The northeasterly project, which is a little over 10 yz acres, osed for 74 single family will be called "The Plains This is prop attached units, townhouse type units. Twenty-four 2 unit houses, six t townhouses. The town 3 unit townhouses and two 4 uniare feet, minimum house size will range between 1250 up to 1500 squ all being single story units. The lot sizes will be 1300 up to over 5700 square feet, and the area will be served by a private AW _ Page 4 OF FACT LUSIONS OF STEINER DEVELOPMENT EEVELOPMENTDLLC CCONDITIONAL LUSE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT street with a 42 foot right-of-way. Again, a five foot sidewalk on one side, and a security gate. There will be setbacks, a small park area, and a pedestrian access to the school site. on about 14 1/2 The central area will be called "The Villages" acres. This project will have 59 single family, single story, detached dwellings with house sizes ranging from 1385 to about 1746 square feet. These homes will have either two or three car garages. Lot sizes will vary from 5400 and up to about 13,50 s uare feet, and setbacks are proposed. This area will be served q with public streets built by ACRD. Some park area has been set aside and a proposed access to the school site. The final area in this project is called "Moon Lake Park" and it sits on about 10 ',� acres, and proposed for 35 standard R-4 lots. This area is for custom built homes with a minimum house size of 1500 square feet. The lots range from 8,000 to 16,000 square feet and served by public streets built by ACHD. As well, setbacks would be the standard city setbacks. The proposal is to use the Ei ht Mile Lateral and create a pedestrian path to go through this g and then attached to an project, across the street to the south, access way to the golf course. In the most southerly, and towards the golf course, area of the project is described as the "Green Brier . This project sits on 5 �acres, with a proposal of 33 single family attached units. 1,4, These would consist of 15 two unit townhouses and one 3 unit townhouse with a minimum square footage varyig from 1250 up to n FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT g sin le story with a two car garage. 1500 square feet, and being Lot sizes will range from 3850 up to 7350 square feet, and with a private street on a 50 foot right-of-way. Again, it will have security gate and setbacks. inquired how this project was 10. Commissioner Johnson similar to the Steiner Development at the Lakes at Cherry Lane, which Mr. Bradbury suggested it was. Mr. Bradbury responded by noting in the Lake at Cherry Lane immediately to the right there are some townhouses, which will be gated. Immediately to the left is single family detached units behind a gated area. Further into the project there is an R-8 section, and on Peter Boulevard the tsimilar to The Villages portion of this lots are 6500 square fee, project. Even further into the project you get the standard R-4 type of 8,000 square foot units, like The Meadows and The Plains. This is the same as the Lakes at Cherry Lane. The Villages and Moon Lake Park would be similar to what is in the central portion of the Lake at Cherry Lane. He explained it would be similar to the R-4 sections of the Lake at Cherry Lane, #3 and #4, and part of #5. The main difference would be in the Lake at Cherry Lane, the ide for senior citizens only. This first two portions, are set as project does not create an age restricted area. Commissioner Borup had inquiries pertaining to previous projects with similar applications, and what the status is on them, and have they been successful, are they filling up and is there a is was need for more of the same. Mr. Bradbury noted he thought r FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 STEINER DEVELOPMENT LLC UNOITDITIONAL USE DEVELOPMENT PERMIT - WILKINS RANCH successful. The Lake at Cherry Lane No. 6 was sold out to one builder, and additionally this same builder purchased half of No. 7. Pertaining to the sale of the houses, Mr. Bradbury thought 8 homes were under construction and all were sold, but Doug Campbell could respond better on that than he could. Commissioner Borup and Mr. Bradbury, then discussed the density of the project at the Lakes at Cherry Lane. Commiioner Smith was ss Mr. concerned that they were looking at more instead of less. Bradbury stated, -I guess then you get to the question of how dense is too dense, and I am not sure I can answer the question at 12:05 either." the Assistant City 11. Frank Johnson was sworn in by Attorney. His first question was why he didn't receive a notice, and is this a legal hearing if he didn't receive a notice. Commissioner Johnson questioned where he lived, how far► and on the list his was the first name. In response to Mr. Johnson's question on the legality of the hearing, Commissioner Johnson stated, ,,If we art, it's probably legal. If the post office didn't do did our p eir art, then it probably doesn't affect the City of Meridian, th p out of your mail box, but we do have or somebody stole it certification here. March 26th. That's all we can do." was high, and Mr. Johnson testified he thought the density eciall with the surrounding area developments and school. With esp Y quite a bit. the extra traffic that would be involved it would be qthat his He also wanted it noted where the 260 units on 35 acre:, _ Page 7 FINDINGS AND LLC CONDITIONAL WILKINS RANCH LUSIONS OF LUSE PERMIT - STEINER DEVELOPMENT _ PLANNED UNIT DEVELOPMENT water delivery system goes through that area. Commissioner Johnson noted it would be taken care of, and stated, "There's nothing they can do to disrupt your water flow." Mr. Johnson noted that they could make it really miserable, to which Commissioner Johnson noted anything. Mr. Johnson thought it would go legally they couldn't do into the City, but with that kind of density where would it leave him. Commissioner Johnson commented that he left him with manure on one side and the sewer plant on the other side. 12. Guy Gage was sworn in and began his testimony as follows; that when he 'purchased his property about a year ago the realtor and the representative of Ashford Greens told him the development across the fairway from them would be similar type of development and going around the golf course. He noted it would be a solid wall of houses with no break in them, if they were attached buildings. He felt it couldn't get more dense than what this project was. He commented to his problem with the townhouses, and what kind of aesthetics were going to be around the solid wall of townhouses. He wondered if there had been any drawings or conceptions on this project. Mr. Gage continued by testifying that he is opposed to the present density that is down on the finger and possibly the whole project. He wonders if Meridian would have a lot of unwarranted type people with so many townhouses. He would like to see single unattached homes all the way around the perimeter of the golf course. 13. Mr. Bradbury commented in regards to Mr. Johnson's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 STEINER DEVCHOPMPLANNED UNITLLC DDEVELOPMENT USE PERMIT - WILKINS RAN concern over the water issue. Any water that is delivered or needs to be delivered to his property will continue to be delivered to and this is both as a legal and practical matter. his property, b law Mr. Bradbury noted that anything coming across the property Y has got to keep coming to him as designed. The other item was over eration. Mr. Bradbury noted maybe in the restrictive the dairy o p on the face of the plat a note could be included covenants and/or ely across the street. that there is a dairy operation immediat or This would allow buyers to have first hand notice of the issue' a rovision on the face of the plat could state as the county P wires indicating the project is subject to the right -to -farm act' req under Idaho Code. first Mr. Bradbury then addressed Mr. Gage's concerns by e he didn't have an opportunity commenting that it was unfortunate m see the materials. Secondly, there will be l6 buildings which ar separate buildings. Those buildings will around the adeprea and 16 sep ending on the will be at least 2400 square feet, and some more are a number of combinations that are built. He stated, ',"There are ent st les and elevations and so that you don't see a solid differ Y wall." You get a variety of elevations and contours. Mr. Bradbury did comment to the fact staff had not had the o prepare all the comments, but they would like to opportunity t with the staff and make it comfortable for them. Also, that work staff requested a deferral to keep the public hearing open. C ommissioner Smith still has concerns over the density and AW _ Page 9 OF FACT NS OF STEINER DEVELOPMENT EEVELOPMENTDLLCNCCONDOITIONALLUSE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT isn't comfortable as the project sits. Commissioner Borup's final comment for the hearing was a request to the applicant to obtain the information pertaining to and the status the density of the Lakes at Cherry Lane as a whole, of the build out. He would just like to know what projects are selling the best. and 14. Bruce Freckleton, assistant to the City Engineer, comments Shari Stiles, Planning and Zoning Administrator, submitted Ma 6, 1998, which respective comments are incorporated dated y herein as set forth hereafter. GENERAL COMMENTS: the 1. Any existing irrigation/drainage ditchesect sha os i gtiled property to be included in this plans will need to be per City Ordinance 11-9-605.M. approved by the appropriate irrigation/drainage or lateral users association, with written district, approval submitted to the Public confirmation of said app Works Department. No variances a ianCethhaveis been requested or tiling of any ditches crossing 2, Any existing domestic wells and/or septic systems within tic this project will have to besectiond5f'7 517- Wellsrom their may service per City Ordinance be used for non-domestic purposes such as landscape irrigation. 3, Submit copy of proposed restrictive covenants and/or ed restrictions for review by the Meridian City de Attorney and approval by the City Council. 4, Provide 5► wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5 , Submit letter from the Andn street Streenames e CommitMake tang approving the subdivision _ Page 10 FINDINGS OAND LLC CONDITIONALLAW USE PERMIT STEINER DEVELOPMENT WILKINS RANCH - PLANNED UNIT DEVELOPMENT corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. plat map any FEMA Flood Plains 7, Indicate on the final p affecting the area being platted, and detail plans for reducing or eliminating the boundary. SITE SPECIFIC CO—W—ZNTS 1. Sanitary sewer service this main that sitewill adjacent, to the extension from the existing Applicant will be responsble to proposed development. ains to App proposed construct the sewer M ion designer gnernd through to g coordinate Amain development. Su sizing and routing with the Public Works Dephemea wer Sewer manholes are to be provided to keep lines on the south and west sides of the centerline. extensions 2. Water service to this site n iadjacent1a developments. of existing mains installed Applicant will be responsible construct trdevelopment.ter mains to and through the proposed and Subdivision designer to Works Departmenordinate main sizing routing with the Pub 3, The legal description for annexation included in the application doesn't include a portion of the W. Ustick Applicant shall submit r o ed revised site. Road right-of-way. Pp annexation perimeter description for the prop Registered The legal description shall be prepared by Land Surveyorthe State of , licensed by Idaho, and shall conform to all the provisions of the City of iptioMeridian Resolution No. 158. The legal descrn for annexation must place this parcel contiguous to the existing city limit boundary. ditch easements on the preliminary 4. Identify all existing width, and proposal for plat map. Show their location, relocation, vacation, and/or dedication. be allowed to take direct access off of or 5. No lots will Wilkins Way. Please include a note to that efa�ec arrow indicate the of theoorientation by appli able lots. Symbol on each Page 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW - STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT 6, 250- and 100 -watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights cas s locations hallinsareleat at subdivider's expense. Y street intersections and/or fire hydrants. the application 7. The soils report submitted with application that indicates that there are areas within this project the peak could have very high water tables during of a as well as the possibility irrigation season, given perched water table. Special attention should be g to the design of the storm drainage system within this experiencing problems with has been exp property. The City articularly those groundwater in drainage areas, particularly without an outflow to an existing drainage system. has not indicated whether the pressurized g. Applicant stem within this development is to be owned irrigation sY e homeowners association or the th and maintained by Irrigation District, nor has the source Nampa & Meridian brig ro osed as a been shown. If the sYstlans1Sa de specifications for private system (stem s p the Public the irrigation system shall be reviewed by plan review Works Department as part of the de�eSop�ezed irrigation process. A draft copy of the P ubmitted prior to plan system 0&M manual must be srequires that approval. The City of Meridian req a year - pressurized irrigation systems be supplied by round source of water. Iaconnect orcreek well to the source culinary available, a single-pointIf a single -,point water system shall be required. shall be connection is utilized, the developer responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. project will be subject to the City g, Each lot within this prof as well as of Meridian'sted force main latecomers fee fee, the associated end of 10. Temporary turnarounds shall be required depth h from an all streets, longer than one lot dep bases. intersection, that will be continued in future p tive that the 1, The applicant has indicated in his area less than the 1 portion of the se slope on a p the preliminary minimum 0.40a required; however, the minimum engineering shows all the sewer meeting requirements of cover and slope. 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page STEINER DEVELOPMENT LLCNED UNIT DEVELOPMENT USE PERMIT - WILKINS RANCH 12. The proposal for 33 lots shown along N. Greenbelt Place more than doubles the original proposal by Brighton Corporation for this area. Development adjacent to thling of Cherry Lane Golf Course should enhance congesthe ion. A openness, not lead to a feeling ears plethora of duplex units in this location app undesirable. 13. A detailed landscape plan for the common eas, including fencing locations, pathways and typesapproval construction, shall be submitted for review A dlappr of with the submittal of the final plat map fired for the credit or cash surety will be req lat. improvements prior to signature on the final p 14. Permanent non-combustible fencing is to be installed Eight Mile along the common area lot line for Pe man , non - Lateral. Construct six -foot -high, where the City has combustible per fencing is not expressly agreed, in writing, that such fencing necessary. Fencing is to be in place prior to applying for building permits. ude a 15. Proposals for Planned o f the grosps land area isments must cicommon minimum of ten percent area. common space shall mean land ares kinglus ar ass, hPose improvements street rights-of-way, buildings, structures, and appurtenances except tof which are accessible and the This proposal does all not the private units within the Eight Mile meet that requirement. Additionally, Lateral is being dad o, in Luse he c for lathis tion oarea mos area. The availability questionable. 16. Ada County Highway District requires that W. Corral thisis be extended to the east to Ni blit vehicular access particularly important to allow p school and interneighborhood connectivity eed to to the to the A public stub street to the west. ACRD also requires undeveloped property c that the private streets shown be constructed as p streets. 17. Dakota Ridge Subdivision, to the requires minimum 8,000 -square 1,500 -square -foot house sizes. within this subdivision do requirements for an R-8 zone. east of this property, foot lots and minimum Many lots proposed ted not even meet As a collector street FINDINGS OF FACT AND CONCLUSIONS OF LAW - STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT Page 13 19 1 will abut lots on the east, a should be provided along these by this Applicant of the Dakota public hearings. also be required along each are exclusive of lots. 20 -foot planting strip areas, as was requested Ridge development during Landscaping setbacks should side of N. Wilkins Way which Storage areas shall be provided for the anticipated) needs of boats, campers and trailers. For typ ica residential development, one (1) adequate space shall be (2) living units. This may be provided every two if there is a showing that the reduced by City action needs of a particular development are less. (1) additional l parking space beyond that which is the Zoning Ordinance may be required for required by ing units to accommodate visitor every three (3) dwell may be no closer than four feet parking. Parking areas (4') to any established street or alleyway. 21. A maintenance building or approved area shall be provided that is suitable pcommon areas.services quired or the repair and maintenance ofal 22. Does Applicant intend to pay golf course fees of $600/lot for all units within this development. 23. Staff is concerned about the proposed gated areas. These areas do not lend themselves to a sense of and Community, are hindrances to public safety vehicles, alienate those who may wish to visit residents within the development. including non - 24. Due to the numerous issues involved, and non- compliance with Zoning Ordinance req Hi Highway District compliance with Ada County g y j ro ect is requirements, significant redesign of this p required. exation of the Staff has no objection to dedn the development property with a zoning of R-4 p previously is compatible with adjacent d Stpfop does andmenanot recommend approved preliminary p permit or the approval of the conditional use get input from the preliminary plat. Applicant should g tion, Planning & Zoning Commission, withdraw this with plicaicataf and and submit a new application complying agency recommendations. 15. The May 12, 1998 Planning and Zoning Public hearing was FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 STEINER DEVELOPMENT LLC UNOITDDEVONAL USE ELOPMENT PERMIT - WILKINS RANCH tabled until June 17, 1998. The following testimony is from the Planning and Zoning Public hearing held on June 17, 1998. 16. Steve Bradbury was sworn in and began his testimony by noting he had nothing to add, and that he felt everything had been covered, then asked if the previous testimony could be incorporated into this hearing. 17. Bruce Freckleton had one comment for the hearing regarding when they anticipate having ACHD's commission approval of the modifications. He also wanted to know if there would be a revision to the preliminary plat to reflect all the changes. The changes were in regards to the open spaces. 18. Commissioner Borup was commented that he would like to see the density down on this project. He would Like to see 4.25 or something which is what would be 250 over an average. Commissioner De Weerd agreed. 19. John Prior inquired if he was to prepare findings without the final Commission ruling from ACHD. Mr. Bradbury agreed and if it wasn't approved it would be back to the drawing board. 20. Commissioner Nelson commented that there were enough issues that have been raised about the project, and made a motion to continue the hearing until July 14, 1998. 21. The July 14, 1998, public hearing was tabled until July 22, 1998. At the July 22, 1998, public hearing the following testimony was given. 22. Steve Bradbury was sworn in by the Assistant City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 STEINER DEVELOPMENT LLQ CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT Attorney. Mr. Bradbury noted that the total open space including landscaping and parks is 5.5 acres. The total acreage for the proposed project is 51.88 acres, which calculates out to 11% of open space. He noted that satisfies the open space requirement for the PUD. Mr. Bradbury noted that the plan calls for a variety of lot sizes. He discussed specific lots with various lot sizes. He noted that the developer was proposing a 13 ',,2 foot landscape strip adjacent to Dakota Ridge. He felt 13 '-� feet was more appropriate than staff's recommendation at 20 feet because the road was 4 residential road. Mr. Bradbury noted that their representative met with the Fire Chief and the Fire Chief approved the roadway through the Green Briar section of the proposed development. Commissioner Nelson inquired about the density of the project. Mr. Bradbury noted that they are trying for the bonus density under a PUD. He noted that an R-4 would allow for a 25 increase under the ordinances' PUD standards. The Commissioners and applicant then went into a lengthy discussion on bonus densities and open spaces. Commissioner Borup inquired about the Eight Mile Lateral. Mr. Bradbury agreed to make it a condition of approval that the applicant successfully enters into a license agreement with Nampa Meridian Irrigation District regarding the use of the Eight Mile Lateral. Robert Campbell was sworn in by the Assistant City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT Mr. Campbell addressed the issue of the aesthetic look of the townhouses along the golf course. He felt it could be developed and built to insure a quality looking project. He discussed the use of extensive landscaping features to enhance the Moon Lake portion of the development. Commissioner Nelson noted that he was still uncomfortable with the bonus density of the project. He requested staff comments on the proposed project. Planning and Zoning Administrator Shari Stiles noted that she was not comfortable with the calculation of the open space. backs were not up to ordinance She felt some of the set requirements. t her main concern was the use of open She reiterated thafelt space for the development. Ms. Stiles also noted that she the use of gated communities detracts rather than enhances the sense of community. Mr. Bradbury noted that the developer is incurring a considerable expense in landscaping for the proposed project. The Applicant and Commissioner then discussed in detail their thoughts on what was open space and the densities. The Commissioners and Applicant then came to an agreement s ace and that prior to that certain lots would be made into open p approving the conditional use permit, the Applicant would have the revised preliminary plat showing the new open space suggested by the Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 STEINER DEVELOPMENT LLC UNITDEVELOPMENTUSE PERMIT WILKINS RANCH - PLANNED 24. There was no further testimony given at the hearings. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (R-4) Low Density Residential District. The (R-4), Low Density Residential District is described in the Zoning Ordinance, 11-2-408 B 3. as follows: R-4 LOW pENSTTY RESIDENTIAL DISTRICT: Only single-family dwellings shall be permitted and no conditional uses shall be for Planned Residential Development and permitted except purpose of the (R-4) District is to public schools. The of low density single-family permit the establishment dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows ur res for a maximum oche° Municipal dwelling units c re and rWaterand Sewer systemsof equrthe connection to City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT 5. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." s authority to place conditions 6. The City of Meridian ha on a conditional use permit and the use of the property pursuant to Idaho Code, Section 67-6512, and pursuant to that section conditions minimizing the adverse impact on other development, Controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 7. Section 11-2-418 D. states as follows: any Conditional Use, the Commission and In approvingro riate conditions, bonds, and Council may prescribe app P y with this Ordinance safeguards in conformitwhen Violations of such conditions, bonds or safeguards,Use made a part of the eterms deemedunder violationthe ofotdhetOrdinance is granted, shall bal Use. The and grounds to revoke the a nset time period Commission and Council may prescribe for which a Conditional Use may be in existence. g. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 STEINER DEVELOPMENT PLANNED UNIT DEVELOPMENTCONDITIONAL PERMIT WILKINS RANCH - notice. g. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Ordinance; c, The use would 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 change the essential character of the same area; d. The use would not be hazardous or disturbing to existing or future neighboring uses; e. The use 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 o f proposed conditional use shall be able to p adequately any such services; f. The use will not create excessive additional requirements at public cost for public facilities and services and the use will not be detrimental to the economic welfare of the community; g. The use will involve uses, activities, processes, materials, equipment and conditions of operation that will not be detrimental to any persons, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case. 10. It is recommended by the Planning and Zoning Commission that the previous comments by the Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton, be incorporated along with the following conditions if a conditional use permit is granted. 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans ill need to be approved by appropriate o pP pr irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT City Attorney. 5. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606 B. 6. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the Meridian Public Works Department. 11. Further, a condition of approval is that the Applicant successfully enter into a License Agreement with Nampa & Meridian Irrigation District to use the property along the Eight Mile Lateral of the project as a usable park site. This Agreement shall be entered into prior to final approval of the conditional use permit. Further, the Applicant shall submit a copy of said Agreement to the City for approval, by the City, prior to the conditional use permit being granted. 12. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that the request for the conditional use permit be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. r 1 -1TT COMMISSIONER BORUP COMMISSIONER De WEERD COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN MAC COY(TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application. The Applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: 08-07-98 - Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 STEINER DEVELOPMENT LLC CONDITIONAL USE PERMIT - WILKINS RANCH - PLANNED UNIT DEVELOPMENT Jones . Gledhill . Hess . Andrews . Fuhrman BradburX & Eiden, P.A. A T T 0 R N E Y S A T L A W Stephen A. Bradbury BY FACSIMILE Mayor Robert Corrie City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 FEcEIVED SEP 1 1 1998 September 11, 1998 CITY OF MERIDIAN RE: Wilkins Ranch Subdivision The Lake at Cherry Lane No. 7 Subdivision Dear Mayor Corrie: As you know, this firm represents the developer of the above -referenced subdivision projects, Steiner Development LLC. The Meridian City Council currently has scheduled for its consideration on September 15, 1998 applications for a conditional use permit and preliminary plat for the Wilkins Ranch Subdivision. I have been asked to request that the Council postpone consideration of those applications until its meeting of October 6, 1998. The reason for the requested delay is to permit the applicant to compile and submit to the City as complete and accurate a package in support of its application as possible. I have also been asked to request the Council to consider a modification to the conditional use permit for The Lake at Cherry Lane No. 7 Subdivision which was approved on February 18, 1997, to delete the requirement that the residents in the subdivision be age 55 or older. It is Steiner Development's hope that this request can be scheduled for consideration by the City Council at its September 15, 1998 meeting, in place of the Wilkins Ranch Subdivision matter. P.O. Dox 1097 ♦ 877 Main Street, Suite 500 ♦ Boise, Idaho 83701 Phone (208) 331-1170 ♦ Fax (208) 331-1529 E -Mail Address: js@idalaw.com Mayor Robert Corrie September 11, 1998 Page 2 In the event that you have any questions or concerns, or should you with to discuss this matter further, please feel free to give me a call. Very truly yours, btepih�en�A.Bradbury SAB:II cc: Doug Campbell (by fax) Will Berg (by fax) nnr^c M-2 JONES ♦ GLEDHILL ♦ HESS ♦ ANDREWS ♦ FUHRMAN BRADBURY & EIDEN, P.A. 877 West Main Street, Suite 500 P.O. Box 1097 Boise, Idaho 83701 208-331-1170 208-331-1529 (fax) TELECOMMUNICATION COVER PAGE 3 pages including cover page TO: Will Berg FAX: 887-4813 FROM: Stephen A. Bradbury DATE: September 11, 1998 RE: Wilkins Ranch Subdivision/The Lake at Cherry Lane No. 7 Subdivision DOCUMENTS SENT: 9/11/98 correspondence to Mayor Corrie NOTES: CONFIDENTIALITY NOTICE; This facsimile transmission, and/or the documents accompanying it, may contain confidential information belonging to the sunder which is protected by the attorney/client privilege. 'Phu information is imendcd only fir the use of the individual or cndry named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in rclinnca on the contents of this informution is strictly prohibited. If you have teceivcd this transmission in error, please notify us immediutcly by telephone to arrange for Tatum of the documents. ❑ Originul will not follow ❑ Original will follow 0 By U.S, mail ❑ By overnight mail: ` Federal Rxpress U.P.S. ❑ 13y ❑ Please cull upon receipt ❑ Response needed M.A.P. or by _ ❑ ror your approvaUsignaturc ❑ For your review and/or comments ❑ For yuur information/files NOTE: Iryou do not receive We total number of pages indicated, please contact Laurie at 331.1170. cont= ni Memorandum To: MAYOR ROBERT D. CORRIE CC: PLANNING & ZONING COMMISSIONER JOHNSON CITY CLERK WILLIAM G. BERG From: WILLIAM F. GRIGRAY Date: 09/15/98 Re: WILKINS RANCH SUBDIVISION & LAKE @ CHERRY LANE #7 I am in receipt of the September 11, 1998 letter from Stephen Bradbury; my recommendation regarding his request for postponement can be taken up at the City Council, Meeting tonight. Regarding my response to the request that the Council consider a modification of the conditional use permit for the Lake at Cherry Lane #7 Subdivision (which was approved Feb. 18'h, 1997), this is a request that should have be made to the Planning and Zoning Commission. In my opinion, all matters wherein a developer would seek modification of a condition use permit would have to follow the same process as the original application due to the rights of the affected parties to have public hearings and to address any requested modifications. I am also of the opinion that the criteria and consideration for condition use permit modification are the same as the original application for condition use permit. Further, my recommendation that notification should be given to Mr. Bradbury as to whether the City intends to proceed with the modification of the conditional use permit. I am willing to assist the Zoning Administrator on this matter if authorized to do so. Very truly yours, �l William F. Gi ay Meridian City Attorney TO: Mayor Corrie and City Council Members FROM: Tammy de Weerd, P&Z Commission Member Keith Borup, P&Z Commission Member DATE: September 2, 1998 RE: Wilkins Ranch Conditional Use Permit / Preliminary Plat On August l It" the Planning and Zoning Commission voted, 3 ayes to 2 nays, to adopt and approve the Findings of Fact and Conclusions of Law for a Conditional Use Permit for Wilkins Ranch at the Lakes Subdivision. All were in favor of the motion to recommend approval of the preliminary plat. Later, after further study of the submitted plat, it was apparent the applicant did not meet the Commission's initial request for change in the open space requirements. The applicant's representative, Mr. Steve Bradbury, assured the Commission that the desired changes noted at the Special P&Z meeting on July 22nd had been made. The plat was then given to Commission members during Mr. Bradbury's comments at the 8/11 meeting. At first glance it appeared the changes were satisfactory. These changes were to include lot 9 and 10 in the open space shown in block 5, lot 8. Following the meeting, at second glance, the changes made were not reflective of the specific request. In our opinion, the motion to recommend both the CUP and the preliminary plat was based on a false premise. We believe that Mr. Bradbury and Steiner Corporation misled the Commission by giving the assumption that the needed changes were made and not giving the Commission adequate time to study the new plat. We have made several special allowances for this applicant. This project has been viewed numerous times by the Commission. The Commission held a special meeting July 22nd specifically to address this project. The Commission allowed viewing of the revised plat at the last moment, against better judgement, with the assurance from Mr. Bradbury that everything was in order. The project now forwarded on to the City Council, as proposed by the applicant, is not what the P&Z Commission was led to believe it was and thought approved. Keith Borup and I take responsibility for this oversight and for letting our impatience with this long drawn-out project to be passed on before we knew without a doubt it was drawn as desired and verbally presented. We feel that the Commission was deceived. It would be our personal recommendation that this project be denied and go through the application process again. MERIDIAN CITY COUNCIL MEETING: OCTOBER 6 1998 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER:__L_ REQUEST: CONDITIONAL USE PERMIT FOR PUD FOR WILKINS RANCH AT THE LAKES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITYATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED PLAT & BOOKLET All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: OCTOBER 20 1998 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR WILKINS RANCH AT THE LAKES SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS NO INFORMATION SUBMITTED All Materials presented at public meetings shall become property of the City of Meridian. Memo TO: Mayor Robert D. Come City Clerk's Office Councilman Bird Councilman Anderson Councilman Rountree Councilman Bentley Shari Stiles, Planning and Zoning Gary Smith, Public Works CC: File From: William F. Gigray, III J?Fc-F,wED 0 C T 2 0 1998 City Attorney for the City of Meridian Date: October 19, 1998 Re: STEINER DEVELOPMENT REQUEST ,ANNEXATION AND ZONING OF 36.0171 ACRES FOR WILKINS RANCH AT THE LAKES NO.6 ON OCTOBER 6, 1998 CITY COUNCIL AGENDA FOR PUBLIC HEARING The public hearing was conducted on the above referenced matter and the City Council took the following action: 0 Page 1 "Motion made by Councilman Bird and seconded by Councilman Rountree to approve Findings of Fact and Conclusions of Law. Motion made by Councilman Bird and seconded by Councilman Bentley to approve decision. Motion made by Councilman Bentley and seconded by Councilman Bird to direct city attorney to prepare annexation ordinance ". Motion carried. Subsequent to that action in the City Council October a agenda Item #7, the City Council took up the matter of the approval of the Preliminary Plat The Preliminary Plat would encompass the property subject to the annexation and zoning designation in Item #6. The City Council's action in Item #7 was as follows: "Motion made by Councilman Bentley seconded by Councilman Anderson to deny the preliminary plat`. Motion carried. This action was followed by a public hearing on what is denoted as Item #8 on the October a City Council agenda, which was consideration of a Conditional Use Permit for a Planned Unit Development for Wilkins Ranch At The Lakes, Steiner Development applicant, which entailed the Planned Unit Development Plan for the property which is encompassed by the action taken on Item #6. The action of the City Council on Item #8 was as follows: " Motion made by Councilman Bentley and seconded by Councilman Anderson to deny the conditional use permit with,attomey to prepare new Findings of Fact and Conclusions of Law". Motion carried. Council action on Item #6 required a Development Agreement to be prepared and signed as a condition of the annexation and zoning designation. The Findings of Fact were adopted by the Meridian Planning and Zoning Commission, which are referred to in the action of the City Council, and include very specific provisions regarding the actual development that is proposed in the area to be annexed and zoned. At this point we have Council action that requires further clarification. Is the City Council willing to annex the subject property and zone it R-4 as requested by the developer without the requirement of a development agreement? I suggest that given the City Council's action on Item #7 and Item #8 that the Council may wish to reconsider the annexation and zoning action. I recommend the Council consider amending its action on the Preliminary Plat. That the Council designate a formal negotiation process to be undertaken pursuant to Municipal Code Section 11-9-604(e)(5), and direct that the applicant and designated staff engage in informal negotiations, and that the City Cleric staff those negotiations, keep minutes of the meetings, post and give appropriate notice thereof to interested and affected parties. • Page 2 I therefore recommend the following specific motion: "This matter coming back before the Council pursuant to its action of October 6, 1998, and considering this council's action granting an annexation and zoning designation of R-4, subject to a development agreement, and considering the Council's action in denying a conditional use permit and Planned Unit Development, and considering the fact that all three (3) applications are part of and relate to the same project, and it being found to be in the best interest of all concerned to determine whether or not a negotiation process under the subdivision ordinance could result in any new recommendation from staff to Council with regards to any final disposition of this matter; and finding that Municipal Code Section 11-9-604(e)(5) provides for a specific procedure for which this can be done; the City Council does hereby defer its action of denial of Preliminary Plat and it does hereby direct the Planning and Zoning Administrator, or her designee, and the Public Works Director and/or his designee, to meet with the designated representatives of the applicant together with any affected parties who wish to be present for the purpose of conducting an open and infomial meeting. The meeting shall be chaired by the Public Works Director and/or his designee at which meeting concerns raised by the protestants of the proposed development, together with concerns voiced by members of the City Council are to be reviewed with the applicant and the applicant's representative for the negotiation of a possible solution and recommendation and report of the City Council. All meetings will be staf -d by the City Clerk or his designee. The minutes of the meeting shall be maintained and a report back to the City Council shall be made at its next regularly scheduled Council meeting on With regards to recommended action on Item #7,1 recommend that the City Council withhold any further action on Item #8 and table the same until receipt of the Findings of Fact and Conclusions of Law and Order Recommended Decision pending receipt of the report of the negotiation process regarding Item V. Given the ambiguity of these situations, it is my recommendation that the Council not consider Findings of Fact and Condusions of Law and Order with regards to any of these actions until further direction is received. • Page 3 MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 9 REQUEST: CONDITION USE PERMIT FOR WILKINS RANCH AT THE LAKES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED FINDINGS Vv US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. UNITS 77000 TO 87000 __ J?FcF-rvED 199 CITY OFMERIDLkN SUSAN S. EASTLAKE, President GARY E, RICHARDSON, Vice President SHERRY R. HUBER, Secretary Ms Shari Stiles Meridian Planning and Zoning City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Wilkins Ranch Subdivision �ECE1�� J U L 14 1998 i' _`. nF MERIDIAN June 17, 1998 The purpose of this letter is to inform you that the applicant proposed revisions to the Wilkins Ranch subdivision. The revisions submitted to the District appear to meet current District. The proposed stub street to the west provides the needed access to the adjacent parcel. The two walkways to the east,provide the pedestrian connectivity to the school site without linking two public streets via a private street. I trust that this information meets your needs. Please feel free to contact our staff if there are any other questions or concerns. David Szplett Planning and Development Engineer cc: Wilkins Ranch project file Doug Campbell, Steiner Development da county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail; tellus@achd.ada.id.us MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT FOR WILKINS RANCH AT THE LAKES SUB. EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 0 soil BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission Special Meeting June 17, 1998 Page 40 MOTION CARRIED: All aye. MacCoy: Move on to item #4, before we start that I'd like to interject we've been at this thing two hours already this evening and if we continue the same pace we're never going to get out of here tonight, so I'd like that both the audience which has had part of this and the Commissioners have a lot a part of this, we need to start coming down with more concise statements and move on forward. ITEM #4: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC — EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD: MacCoy: The applicant at this moment has the floor. Mr. Chairman, I have nothing to add, I'd simply ask — Prior: We need to hold it, unfortunately we need to go through the process all over again, he needs to be sworn in on item #4, if he'd state his name and address again. Bradbury: Steve Bradbury, 877 Main Street, Boise. STEVE BRADBURY WAS SWORN BY THE CITY ATTORNEY. Bradbury: Thank you very much Mr. Chairman, Commission, I simply don't have anything to add, I think we went over everything we needed to talk about, I'd simply ask that the previous testimony be incorporated into this hearing. MacCoy: Thank you. Is there anybody in the audience — this is an open public hearing — have anything to add to this or ask questions of? There's not — Freckleton: Mr. Chairman, I just had one question, when do you anticipate having ACHD's commission approval of your modifications? Will that be in time for the July hearing? Bradbury: (Inaudible — away from mike) Freckleton: Do you anticipate then revising this preliminary plat to reflect all the changes that — Bradbury: (Inaudible) Planning and Zoning Commission Special Meeting June 17, 1998 Page 41 Freckleton: No, I'm talking about the addition of the open space you've talked about, you've talked about a lot of things tonight that you intend to do that aren't reflected on this plat, are those going to be changed for the next time we look at this? Bradbury: I anticipate that they will, in direct answer to your question. Freckleton: Okay. MacCoy: Is there any questions for commissioner of the applicant? de Weerd: I have none. Borup: I have one comment Mr. Chairman and I guess just in case I didn't make myself clear previously, and that's on the question of density, again I like seeing a variety in a project and 1 think this does that but it's looking at a density greater — I mean that this project as a whole is looking at a greater density than the specific P.U.D. smaller portions on the Lakes at Cherry Lane and I think I probably do have a little bit of a problem with that, I'd like to see the density down — at the very least no more than what those were and maybe even down more like 4.25 or something which is what would be 25% over an average, again that's one opinion here. That's all, thank you. de Weerd: I would echo that. Prior: Chairman MacCoy if I may? MacCoy: Yes. Prior: Is it the, just for clarification, is it the and I assume that I'm going to be directed to prepare Findings, at least I anticipate on item #4, is it the desire of the Commission for me to prepare Findings without a final Commission ruling from ACHD on that particular project? That may be something that Mr. Bradbury may want to address. If I'm to prepare Findings on a conditional use permit without a final determination from ACHD's commission, if you'd like to talk about that I'd be happy to hear what he has to say, if he'd like to respond. Bradbury: Sure, I'd be pleased to. Mr. Prior my feeling is that if this body is inclined to make a recommendation for approval that it simply be made subject to the receipt of an approval from the ACHD Commission which is consistent with their intentions and that way if the ACHD Commission — if the approval or their comments out of ACHD Commission don't square with what these folks are expecting then we're back to the drawing board. Nelson: How do you feel about that Mr. Prior? Planning and Zoning Commission Special Meeting June 17, 1998 Page 42 Prior: Pardon me? Nelson: How do you feel about that? Prior: It's your desire to do whatever you please folks, I'm here to please you. Nelson: How does that affect putting together your Facts and Findings if it's pending — we don't want to waste your time, time's very valuable. Prior: I'm going to look at the ordinance and make a determination based on the criteria, if there isn't a final determination from ACHD obviously that's going to be taken into account and I'll prepare the Findings accordingly, I mean I'm not going to say one way or the other, I need to delve into this a little bit and make an informed decision based on what's been offered at the public hearing tonight. I think Mr. Bradbury in honesty offers an option. MacCoy: Well just so you feel better about it Counselor, we have done this in the past, gone from the Commission for Findings of Fact and had said right of the Commission desk here that it will be pending the acceptance of or receiving thereof the actual report that we didn't have in our hands and then the burden falls to you to make that — you got to hold up — Prior: Obviously, I think my preference is that we have all of the things squared away. Mr. Freckleton has made reference to a number of items, specifically on the preliminary plat and some of the other things and there are issues out there that haven't been addressed, the open space issue, there is intention on the part of the developer to provide for the 10% space but it hasn't been provided. The densities don't meet — at least in my mind they don't qualify under the P.U.D. for the bonus densities but I'd have to look at it again and really consider it in this testimony but obviously it's — MacCoy: Well the Commissioners can also collectively vote for continuing the hearing. Prior: It's obviously up to your prerogative Chairman and the Commissions. MacCoy: Well it's up to the Commissioners here. Nelson: Mr. Chairman, I think that there's — personally I feel that there's enough issues been raised here this evening by the Commission and staff that I can't see how we can ask the City Attorney to prepare Findings at this time, I mean there's just too many things up in the air it seems and as much as I hate to see the thing drug out another month, I just don't know how we can move forward with this thing right now with all the issues that have been raised this evening. Planning and Zoning Commission Special Meeting June 17, 1998 Page 43 MacCoy: Well, make a motion. Nelson: Therefore, I'd like to make a motion that we continue the public hearing for the request for a conditional use permit till our July 14th meeting. Borup: Second. MacCoy: All in favor? Any descending? Do I hear all four ayes? de Weerd: Yes. Prior: We may want to do that again, I'm not sure that was picked up Mr. Chairman. MacCoy: I don't think even I heard it. Alright, we'll start down at the far end then. All in favor? Any descending? MOTION CARRIED: All aye. MacCoy: Passes, it will be continued at the July meeting. ITEM #5: TABLED JUNE 9,1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: MacCoy: Is somebody here, the client able to speak -- (Inaudible) de Weerd: Mr. Chairman, I think it was explained to me at the last meeting that they couldn't come up and comment because it wasn't a public hearing. MacCoy: Well that's — the Commissioners have the choice as to whether they have any questions at this point, you've got the Fact from the counselor in your hands right now, I'm assuming you do. Nelson: I have no questions. Smith: I have none. Smith: I have comment though that I'd like to add a condition in the Findings of Fact that the — this was brought up at the last meeting of the single story development along South Zims Way and South Boiling Springs Way on the south side of the road, I feel it MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 14, 1998 APPLICANT: STEINER DEVELOPMENT LLC AGENDA ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMIT FOR P.U.D. FOR WILKINS RANCH AT THE LAKES SUB. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: SEE ATTACHED COMMENT MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: I, US WEST: INTERMOUNTAIN GAS: 1" I BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 25 March 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 t / i / ♦ 101" / / ff 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2RHKC MXX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 x5o�xxxx-W)09AX SHOP: Nampa 466-0663 xk*xxx)04) OSdkx RE: Preliminary Plat for Wilkins Ranch at the Lakes Sub. NW Y4, Section 3, T3N, R1W. Dear Commissioners: The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the middle of the project. The right-of-way of the Eightmile Lateral is 50 feet; 25 feet from the center each way. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bal Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 26 March 1998 1503 FIRST STREET SOUTH . NAMPA, IDAHO 83651-4395 FAX # 2CAMXXXXXX 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith Jacobs, Jr. XRXY cXXX")MX Pacific Land Surveyors Copy SHOP: Nampa 466-0663 1295 S. Eagle Flight Way xxxxxxxx)=Xxx Boise, ID 83709 RE: Land Use Change Application for Wilkins Ranch at the Lakes Sub. Dear Keith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above referenced development. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. . Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office telephone number listed above, or John Anderson, Water Superintendent, at the District's shop. Sincerely, k0XI -a- . L/7)vU _t, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Steiner Development, Inc. John and Ruth Wilkins City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFI IANC HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW. President JANICE L. SMITH, City Treasurer GARY D. SMITH, Cityter Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLES BRUCE D. STUART, Water Works Supt. T, Wa GLENN R. BENTLEY JOHN T. SHAWCROFT; Waste Water Supt. .'33 EAST IDAHO DENNIS J. SUMMERS. Parks Supt. MERIDIAN, IDAHO 83642 P_& Z COMMISSION SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman MALCOLM MACCOY W.L. "BILL" GORDON, Police Chief Legal Department (208) 884-4252 KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7_1998 TRANSMITTAL DATE: March 18, 1998 HEARING DATE: April 14. 1998 REQUEST: Preliminary Plat for Wilkins Ranch at the Lakes Subdivision NW '/4 Section 3 T 3. R.1 W. BY: Steiner Development LLC LOCATION OF PROPERTY OR PROJECT: East of Blackcat/Ustick Intersection south of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _,BYRON SMITH, P/Z _,KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C —KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT UILDING DEPARTMENT _ IRE DEPARTMENT _POLICE DEPARTMENT _,CITY ATTORNEY —CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT' IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., pity Engineer CITY OF MERIDIAN RONALD R. TOLSMA CH BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. MERIDIAN, IDAHO 83(42 P & Z COMMISSION SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 8874813 KENNETH W. BOWERS, Fire Chief "BILL" Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman MALCOLM MACCOY W.L. GORDON, Police Chief Legal Department (208).884-4252 KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ April 7, 1998 TRANSMITTAL DATE: March 18, 1998 HEARING DATE: April 14, 1998 REQUEST: Preliminary Plat for Wilkins Ranch at the Lakes Subdivision NW '/4 Section I T.3N. R"1W. BY: Steiner Development LLC LOCATION OF PROPERTY OR PROJECT: East of Blackcat/Ustick Intersection south of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z —BYRON SMITH, P/Z _,KEITH BORUP, P/Z —ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT —SEWER DEPARTMENT —BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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(PFINAL PLAT) IDAHO TRANSPORTATION D T ENT YOUR CONCISE REMARKS: C11 ENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CER, :AL DISTRICT HEALTH DEPAR )ENT Environmental Health Division Con ' brial Use # /0' �reliminaFinal / Short Plat l/i/IGK//JS' 14 ` c/i ❑ I. We have No Objections to this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz MAR 2 R 1998 ❑ 2. We recommend Denial of this Proposal. CITY OF MIRIDIAN ❑ 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. 0. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage IiKcentral water ❑ individual sewage ❑ individual water 1J 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water ,610. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center p ❑ beverage establishment ❑ grocery store 14.ils l3 �� (`'[ Irr►/���` 1� P� Date: Reviewed By: jitl'f7"2':->2_ QCIA&r y (OHD.10/91 rcb, rev. 1/91 Review Sheet CENTRAL CER. kAL DISTRICT HEALTH DEPAR.. ]ENT ( 24� •• DISTRICT Environmental Health Division ■� ■ 11 HEALTH Return to: ❑ DEPARTMENT Boise Eagle Rezone Rezone # ❑ Garden City Co ' ' al Use # Meridian ❑ Kuna relimina Final /Short Plat,q� 7�+t fro-keFS �U:o��yi WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY r' A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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: April 7, 1998 TRANSMITTAL DATE: March 18, 1998 HEARING DATE: April 14. 1998 REQUEST: Preliminary Plat for Wilkins Ranch at the Lakes Subdivision NW 1/4 Section 3 T.3N. RAW. BY: Steiner Development LLC LOCATION OF PROPERTY OR PROJECT: East of Blackcat/Ustick Intersection south of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z —BYRON SMITH, P/Z _KEITH BORUP, P/Z —ROBERT CORRIE, MAYOR —RON ANDERSON, C/C _,CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT —BUILDING DEPARTMENT --FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES .,IJ �,'� Fl�l, I �.� .. ..,, «r ,L_:: Vit: F�t�•f`'GS 1. MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 3- 19- 9 d 5 rJt� Anc..�t Si!•yS W i 6c N4 iz 70 7.� sfa Cec9 Sia, -446 7_A t Q-_ W i LL- t k ecp /-� ,5.� cy,v Fs✓ rA,�c� st �x ;"� .4 .t,.� f�� jf� � f /oo Gdr- WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY l A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorkrAuilding Department'(208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor . COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH 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: April 7, 1998 TRANSMITTAL DATE: March 18, 1998 HEARINGDATE: April 14. 1998 REQUEST: Preliminary Plat for Wilkins Ranch at the Lakes Subdivision NW '/4 Section 3 T.3N. R.1 W. BY: Steiner Development LLC LOCATION OF PROPERTY OR PROJECT: East of Blackcat/Ustick Intersection south of Ustick Road JIM JOHNSON, P/2 MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _,GLENN BENTLEY, C/C WATER DEPARTMENT _ SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT —POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER —CITY PLANNER PARKS DEPARTMENT CITY FILES MAR 2 3 1998 CITY OF M.ER,Ij)IAN WASTEWATER ISE' r -f MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: �, ,4e,e:. hiAR 2 3 1^198 I f 1 RT ViclN JTj M.4P P, L6 ADA aU -, NMNO ANN. MAR 10 1998 Q rzUTt_cf-DGE_ O H 1 ►..y e. ii. A � t. c t• vii i Ll� f N S a VR pr�vc k Ar TffE L�4KES ¢ Sd � A Iv�sio N � J Q0 2 3 4 5 e 7 e 9 10 11 z 59 4 5 a 7 a 9 to 11 12 13 14 15 / ; 12 s0 40 CO RAL E 19 ��� oa 41 42 43 44 45 4a 13 47 52 53 54 55 5a 57 59 i 37 °S a3 02 a1 Z 14 4° u ba °♦ a3 e2 al e0 59 20 \ r' L' RT 3a 35 3♦ = e4 e0 a = RANCH LANE 59 47 K 5a se 15 111 RANCH HE o 45 ae °9 70 71 7z s o 21 zz ; 9988 1 7'1� l• 7��, ae ;; 77 7a 7a 7♦ 73 33 a4 17 zs ; ' 32 53 52 51 50 40 4• 1 a 42 = 41 SADDLE LANL / " •� Sl 1° 40 p 37 3e 31 32 130 2e 2e 2 as 95 94 03 z9 ze 27 2° z5 z4 23 2z 21 20 39 / , A LAKE OR. 92 74 73 7z 71 e9 55 e0 •1 02 e3 e4 a5 ee as e9 = M42 z N I 1 2,.. 3 �Ah. 90 70 , 7° 6 PINTO 2 3 4 STREET 5 e 7 e 91 1 • r 4 59 o�yj, 67 1 . A- a e° 7e as n u 9 ; a 07 70 Ia 14 S 04 / 2 L 2 n 3 7 a• Orf e0 �! EI ILNotIDRN DRIVE 13 12 11 t0 90 / y fit"' ♦ a2 e 2 e5 107 100 103 104 911 ♦ to 01 a3 11 44 l0s 109 103 102 101 loo 09 97 95 • 6 1 4 1 42 R. MOON LAKE DRIVE 4 110 111 112 10 9 • 1 • 6 T 4 3 2 I z = 21 SO BP►'S%Lrl C 1 1 3D /° 4 4 • 7 4 ° 49 50 at W. MOON LAKE 5T. = W MOON ® O a a 4, 35 7 37 52 60 54 45 44 43 42 41 40 39 ]• 37 ]• 36 S♦ ] • • II 9 12 la mn 36 19 �� 35 p? A-49 . 10 20 S� 335 'T1"IE ���� 13 IS 21 22 3i I 11 16 23 30 21 29 47 46 49 50 5, 62 a3 5, 51 5• 23 17 z 25 2e 2° � 27 1 Vi. 27 TETER 5T. I Is 1♦ WILKINS RANCH AT THE LAKES SUB. PROPERTY OWNERS WITHIN 300' Brighton Corporation 12426 W. Explorer Dr., Suite #220 Boise, ID. 83713-1560 Jeanette M. & Ken J. Bush 4653 W. Moon Lake Dr. Meridian, ID. 83642 Mohr Builders, Inc. P.O. Box 9283 Boise, ID. 83707 Monarch Homes, Inc. P.O. Box 369 Meridian, ID. 83642 Seidl Home Company, Inc. 2696 E. Table Rock Rd. Boise, ID. 83712 The J A Holmes Corp. 1379 E. Hunter Dr. Meridian, ID. 83642 Guy E. & Janice Gage 2596 N. Crooked Creek Way Meridian, ID. 83642 Eugene & Ardyce L. Quenzer 3680 N. Black Cat Rd. Meridian, ID. 83642 C. Frank & Jean E. Johnson Trust C. F. & J. E. Johnson Co -Trustees 4010 W. Ustick Rd. Meridian, ID. 83642-5483 Michael G. & Karen L. Sorensen 3150 N. Black Cat Rd. Meridian, ID. 83642 Terry Stewart Miles Jr. & Verla Miles 3709 Pasadena Dr. Boise, ID. 83705-4651 Louis J. Steiner / Steiner Development 554 E. Bellevue Rd., Suite #B Atwater, CA. 95301 City of Meridian 33 E.Idaho Meridian, ID. 83642-2631 Leonard A. & Feda Nadine Aschenbrenner 3875 W. Ustick Rd. Meridian, ID. 83642-5431 Joint School District #2 911 N. Meridian Rd. Meridian, ID. 83642 WILKINS RANCH AT THE LAKES SUB. PROPERTY OWNERS WITHIN 300' Brighton Corporation 12426 W. Explorer Dr., Suite #220 Boise, ID. 83713-1560 Jeanette M. & Ken J. Bush 4653 W. Moon Lake Dr. Meridian, ID. 83642 Mohr Builders, Inc. P.O. Box 9283 Boise, ID. 83707 Monarch Homes, Inc. P.O. Box 369 Meridian, ID. 83642 Seidl Home Company, Inc. 2696 E. Table Rock Rd. Boise, ID. 83712 The J A Holmes Corp. 1379 E. Hunter Dr. Meridian, ID. 83642 Guy E. & Janice Gage 2596 N. Crooked Creek Way Meridian, ID. 83642 Eugene & Ardyce L. Quenzer 3680 N. Black Cat Rd. Meridian, ID. 83642 C. Frank & Jean E. Johnson Trust C. F. & J. E. Johnson Co -Trustees 4010 W. Ustick Rd. Meridian, ID. 83642-5483 Michael G. & Karen L. Sorensen 3150 N. Black Cat Rd. Meridian, ID. 83642 Terry Stewart Miles Jr. & Verla Miles 3709 Pasadena Dr. Boise, ID. 83705-4651 Louis J. Steiner / Steiner Development 554 E. Bellevue Rd., Suite #B Atwater, CA. 95301 City of Meridian 33 E.Idaho Meridian, ID. 83642-2631 Leonard A. & Feda Nadine Aschenbrenner 3875 W. Ustick Rd. Meridian, ID. 83642-5431 Joint School District #2 911 N. Meridian Rd. Meridian, ID. 83642 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17, 1998 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 4 REQUEST: CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT FOR P.U.D. FOR WILKINS RANCH AT THE LAKES SUB - EAST OF BLACK CAT/USTICK AND SOUTH OF USTICK RD. AGENCY COMMENTS CITY CLERK: 3,Ce, GSC keCl -1 a 0 ` CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZONING CONMSSION JUNE 9, 1998 PAGE 6 Nelson: I have none. de Weerd: None. MacCoy: All in favor? MOTION CARRIED: All aye ITEM #3: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED USE DEVELOPMENT FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC — EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD: Nelson: Mr. Chairman, I'd like to make a motion that we continue public hearing for item #3 until our next scheduled meeting Wednesday the 17tH Smith: Second. MacCoy: Any discussion? de Weerd: I have none. Smith: None. MacCoy: All in favor? MOTION CARRIED: All aye. MacCoy: We'll continue the public hearings on all three items on May 17tH ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G BY EAGLE PARTNERS LLC: MacCoy: Is a representative here from Eagle Partners? Not yet we don't, okay. Commissioner's do you have any comments on what was written? Smith: Mr. Chairman, I have a number of comments. MacCoy: Alright, go ahead. Smith: My first question actually, clarification, Mr. Prior, there was some discussion earlier about the applicant's non-compliance in his existing facilities and there was some question as to whether or not those non -conforming uses were whether we had any kind of stick to hold over the applicant on this project MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 3 REQUEST: CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PUD FOR WILKINS RANCH AT THE LAKES SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/12/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: } V INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t Planning and Zoning Commission May 12, 1998 Page 2 ITEM NO. 3: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 36.71 ACRES TO R-4 FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD. Johnson: Is there anyone here who would like to testify on this public hearing? I'll reopen the hearing at this time. Is there anyone here that's interested in items 3, 4 or 5 that would like to testify? Seeing no one and hearing no one, then I'll close this public hearing. Oh, I'm sorry, we're continuing that. My fault. So we need a motion really to continue this if that's what we want to do until our next meeting. MacCoy: Mr. Chairman, I make a motion that we first table this to June 9th, our next meeting. Items 3, 4 and 5 for the Wilkins Ranch Property. Smith: Second. Johnson: I have a motion and a second to table items 3, 4 and 5 until our regular meeting on June 9, 1998. All in favor? Opposed? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE) BY TOM BEVAN — 2030 W. FAIRVIEW. Johnson: Any changes, additions, deletions to the Findings of Fact as prepared by our City Attorney? Any comments? Smith: I do have a comment, and it regarded my comment that I made on signage and started thinking about it here over the past month, and basically what I'd asked is that the signage be put on the glass of the buildings, and it was really a stupid comment. I can't believe I said it. I think my concern on the signage on this project just has to do that we don't get into some large unattractive signage and I don't know how my fellow commissioners feel about this, and I don't want to drag this thing out, but I don't want to limit them to putting signage on the glass because again I think that was a stupid idea, but if there's some way that we can have some kind of a review process on this project for signage on the building or establish some kind of criteria as far as height, raised letters, or something along those lines. Probably something that would give the applicant the most flexibility and have an opportunity to be creative would be to not restrict them to a particular type of signage, but to ask them maybe to submit it for review whether it's for the City Council or Planning and Zoning. I don't know. INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR PUD FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/14/98 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: CITY OF MERIDIAN May 6, 1998 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City E ee� Shari Stiles, P&Z Administrator Re: WILKINS RANCH AT THE LAKES SUBDIVISON by Steiner Development Request for Annexation & Zoning of 36.71 Acres to R-4 with 195 Lots; and Request for Preliminary Plat with a Conditional Use Permit for a Planned Unit Development with a Total of 282 Lots on 51.88 Acres We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be.considered in full, unless expressly modified or deleted by motion of the Meridian City Council: A portion of this property was originally included in the overall development plan for Ashford Greens Subdivision. Since the original concept was approved, the original applicant chose not to exercise its option on the property, and the owner of the property sold it to Steiner Development. 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. "9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." Variances/exceptions that would need to be approved to grant this CUP in this R-4 zone as presented would be: Wilkins Ranch.PP HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 QFC'ErvED MAY 0 6 1998 MEMORANDUM: CITY OF MERIDIAN May 6, 1998 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City E ee� Shari Stiles, P&Z Administrator Re: WILKINS RANCH AT THE LAKES SUBDIVISON by Steiner Development Request for Annexation & Zoning of 36.71 Acres to R-4 with 195 Lots; and Request for Preliminary Plat with a Conditional Use Permit for a Planned Unit Development with a Total of 282 Lots on 51.88 Acres We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be.considered in full, unless expressly modified or deleted by motion of the Meridian City Council: A portion of this property was originally included in the overall development plan for Ashford Greens Subdivision. Since the original concept was approved, the original applicant chose not to exercise its option on the property, and the owner of the property sold it to Steiner Development. 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. "9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." Variances/exceptions that would need to be approved to grant this CUP in this R-4 zone as presented would be: Wilkins Ranch.PP Mayor, Council and P&Z May 6, 1998 Page 2 1. Minimum lot sizes 2. Minimum frontages 3. Minimum roadway widths/private drives 4. Provision of 5' sidewalks on each side Ordinance Section 11-9-606.B. 5. Front and street side yard setbacks 6. Minimum house size 7. Maximum block length 8. Maximum cul-de-sac length GENERAL COMMENTS of roadway in accordance with City Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney and approval by the City Council. 4. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 8. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.M. of the Friday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to Wilkins RenchPP Mayor, Council and P&Z May 6, 1998 Page 3 coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. 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. 3. The legal description for annexation included in the application doesn't include a portion of the W. Ustick Road right-of-way. Applicant shall submit a revised annexation perimeter description for the proposed site. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4. Identify all existing ditch easements on the preliminary plat map. Show their location, width, and proposal for relocation, vacation, and/or dedication. 5. No lots will be allowed to take direct access off of N. Wilkins Way. Please include a note to that effect, or indicate the front of house orientation by an arrow symbol on each of the applicable lots. 6. 250- and 100 -watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 7. The soils report submitted with the application indicates that there are areas within this project that could have very high water tables during the peak irrigation season, as well as the possibility of a perched water table. Special attention should be given to the design of the storm drainage system within this property. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system 8. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District, nor has the source been shown. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Wilkins Rnnch.PP Mayor, Council and P&Z May 6, 1998 Page 4 9. Each lot within this project will be subject to the City of Meridian's lift station latecomers fee ($221.76 proposed, as well as the associated force main latecomers fee ($253.75 proposed). 10. Temporary turnarounds shall be required at the end of all streets, longer than one lot depth from an intersection, that will be continued in future phases. 11. The applicant has indicated in his narrative that the slope on a portion of the sewer will be less than the minimum 0.40% required; however the preliminary engineering shows all the sewer meeting the minimum requirements of cover and slope. 12. The proposal for 33 lots shown along N. Greenbelt Place more than doubles the original proposal by Brighton Corporation for this area. Development adjacent to the Cherry Lane Golf Course should enhance the feeling of openness, not lead to a feeling of congestion. A plethora of duplex units in this location appears undesirable. 13. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 14. Permanent non-combustible fencing is to be installed along the common area lot line for the Eight Mile Lateral. Construct six -foot -high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 15. Proposals for Planned Unit Developments must include a minimum of ten percent of the gross land area as common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements which are accessible and available to all occupants of the private units within the PD. This proposal does not meet that requirement. Additionally, the Eight Mile Lateral is being included in the calculation of common area. The availability of use for this area is questionable. 16. Ada County Highway District requires that W. Corral Lane be extended to the east to Niemann Drive; this is particularly important to allow public vehicular access and interneighborhood connectivity to the school site. A public stub street is also needed to connect to the undeveloped property to the west. ACHD also requires that the private streets shown be constructed as public streets. 17. Dakota Ridge Subdivision, to the east of this property, requires minimum 8,000 -square foot lots and minimum 1,500 -square -foot house sizes. Many lots proposed within this subdivision do not even meet the requirements for an R-8 zone. As a collector street will Wilkins Rench.PP Mayor, Council and P&Z May 6, 1998 Page 5 abut lots on the east, a 20 -foot planting strip should be provided along these areas, as was requested by this Applicant of the Dakota Ridge development during public hearings. 18. Landscaping setbacks should also be required along each side of N. Wilkins Way which are exclusive of lots. 19. Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. (City Ordinance 11-9-607.H.1) 20. One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. Parking areas may be no closer than four feet (4) to any established street or alleyway. (City Ordinance 11-9-607.H.2) 21. 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. (City Ordinance 11-9-607.H.3) 22. Does Applicant intend to pay golf course fees of $600/lot for all units within this development? 23. Staff is concerned about the proposed gated areas. These areas do not lend themselves to a sense of community, are hindrances to public safety vehicles, and alienate those who may wish to visit residents within the development. 24. Due to the numerous issues involved, including non-compliance with Zoning Ordinance requirements and non-compliance with Ada County Highway District requirements, significant redesign of this project is required. Staff has no objection to annexation of the property with a zoning of R-4 provided the development is compatible with adjacent development and previously approved preliminary plats. Staff does not recommend approval of the conditional use permit or the preliminary plat. Applicant should get input from the Planning & Zoning Commission, withdraw this application, and submit a new application complying with staff and agency recommendations. Wilkins RanchPP MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 91 thing, but having a gas station right across the street you, you got all the gas fumes. You can't sit out in your backyard and enjoy it in the summer time and barbecue because people over there pumping gas. And I just don't think this would be good for the citizens around that location. Thank you.. Johnson: Thank you. Any questions? Anyone else? Any comments, discussion? I'll close the public hearing. This is an application for a conditional use permit by Albertson's. Smith: Mr. Chairman, I'd like to make a motion that we direct the city attorney to prepare Findings of Fact and Conclusions of Law on this application. MacCoy: Second it. Johnson: Motion and second to have the city attorney prepare Findings of Fact and Conclusions of Law at number 12. All in favor? MOTION CARRIED: All aye. ITEM NO. 13: PUBLIC HEARING: ANNEXATION AND ZONING OF 36. 71 ACRES FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC — EAST OF BLACK CATIUSTICK INTERSECTION AND SOUTH OF USTICK ROAD: Johnson: I want to open the public hearing on item no. 13. 1 will now ask the applicant's representative to come forward and address the commission. STEVE BRADBURY 877 MAIN STREET, BOISE WAS SWORN BY THE CITY ATTORNEY. Bradbury: I'm representing Steiner Development here tonight and I guess there's three items on your agenda, I am maybe going to suggest that to make it go a little bit faster, perhaps we could consolidate all the hearings and just do it all at one time, because I can just talk about — Johnson: Well, its a good suggestion, but I don't want to do it. Bradbury: All right. You're the boss. You all have I think one of these booklets in front of you. Okay. What I'd like to do is just start with page one and read the whole thing to you if you don't mind. Johnson: I've read it. Fradbury: I'm kidding. It's late and I'm just going to try and go through this thing as quickly as possible. I think just about all the. information you need is MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 92 somewhere in the booklet, and as we go through if you have any questions about anything, please feel free to stop me. The project in its entirety encompasses just a little bit under 52 acres, and includes 260 building lots, 153 of those are single family detached buildings, and then there would be 107 would be single family attached: Most of those would be two unit townhouses. A couple of three unit townhouses and a couple of four unit townhouses in there. It equates out to an overall density of about 5 units per acre. The concept that Steiner Development is proposing is to provide a variety of housing types and living choices all in a single community, and what we attempted to do is segregate each different living type or housing type into different portions of the project, and so what you'll see is that to make it kind of easy to talk about the project — I'm going to get you clear back to tab four. The project map has been divided into five different what we are calling section, and given each one of them a different name so that it's primarily so it's easy to talk about it: And then behind tab seven through eleven are the specific details of each one of the various sections telling you about what is planned to go there. So as- I talk about this, if you want to go through this tab by tab you can do it that way. All right in the northwest comer of the project on just over 11 acres is the section that we are calling The Meadows and information on that portion of the project is behind tab seven. In there is. proposed for 59 single family detached living units. They are all single story. The minimum square footage for the housing units would be 1300 feet. May I should back and I did skip over something, and I don't want to forget to talk about it. So that it's clear to you the northwesterly 36 acres is what is being proposed for annexation. The northeasterly 36 acres is what's proposed for annexation. The southwesterly 15 acres is already in the city. The property that is proposed for annexation is presently zoned RT in the county zone, and the application is for it to be R-4 zone designation which is consistent with the R-4 zone designation which presently exists on the property which is essentially which is southwesterly of the Eight Mile Lateral, and is already in the city and is also consistent with the adjoining properties which are all zoned R-4. Anyway, back to the meadows, there's 1300 square foot minimum houses. There's actually six different plans proposed in that area. They range from 1304 square feet up to 1872 square feet. Of those six different plans, there are ten different elevations, so for five of the plans, there's two elevation choices. Each of the units would have two car garages. The lots sizes in there vary between 4250 square feet and 10,435 square feet. The access to that part of the subdivision is proposed for private streets with a 42 foot right-of-way. Five foot sidewalk one side and there would be a security gate installed to provide security for the other residents in there. You'll see that there is some park area that is set aside in that portion of the project and behind tab seven, you can also see a list of the proposed setbacks. In the northeasterly part of the project, by the way if you want to stop and talk about each one of these sections as we go, I'm happy to do that. Otherwise I'll just press on. In the northeasterly portion of the project, just a little over 10'/2 acre portion called The Plains. Thai is proposed for 74 single family attached units. Townhouse type units. 24 two unit townhouses, 6 three unity MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 93 townhouses and 2 four unit townhouses. The minimum house size there is proposed for 1200 square feet, and again the sizes will vary between 1250 up to 1500 square feet. All single story again, all two car garages.'' The lots sizes are about 3100 square feet up to over 5700 square feet. Again that portion of the project would be served by a_private street with a 42 foot right-of-way. Five foot sidewalk on one side. Essentially the same as across the street and in the Meadows. That too would have a security gate, and again the setbacks you can see both setbacks in a list behind tab number eight which is where you can find information on. that. And again that section is also serviced with a park area, and there would also be a pedestrian access to the school site, which located immediately adjacent to this portion of the project. Adjacent to and I guess easterly of. In the central portion of the project is what's called The Villages, and there's about 14 and a half acres included in that portion of the project. There would 59 single family detached dwellings. The minimum house size there would be 1385 square feet. There's five sizes, ranging from 1385 to about 1746. Again, they are all single story, and these would have either two or three car garages. The lot sizes in there are 5400 square feet up to about 13,500 square feet. That portion of the project would be served by public streets which would be built to ACHD standards and dedicated to the highway district and the setbacks again there's a list of proposed setbacks which would be the same as what are proposed for in The Meadows and in the Plains. And once again you can see there's some park area set aside in that portion of the project as well. And in addition there's also a proposed access to the school site which is adjacent to that portion of the project. I guess the fourth section is what's called Moon Lake Park and I guess you can find that one behind tab ten. The acreage in that one is about 10 and a half acres in there of the proposal is for 35 standard.R-4 lots. These would be for custom built homes. Minimum house size would be 1500 square feet there. Lot sizes range from 8,000 up to 16,000 square feet. That portion of the project would be served by public streets built to ACHD standards and dedicated to the highway district and the setbacks there would be the standard city setbacks. You'll note that in the list of setbacks, proposed setbacks for that section, you'll see that there's a section for. garage setback of 18 feet. You should eliminate that, that's a mistake. The setbacks in that section would be all city standard which would be a 20 foot front setback including the garage. As part of that project proposal is to use the Eight Mile Lateral and create a pedestrian path that could be used and go through that portion of the project across the street to the south and attached to an access way to the golf course, which is located south of the project. So there's a golf course access that comes out of that project heading south. MERIDIAN PLANNING'AND ZONING APRIL 14, 1998 i PAGE 94 In the most southerly portion of the project and what I described as the finger that points down toward the south, towards the golf course, they are calling the Green Brier portion of the project. There's about 5 and a'quarter acres in there. The proposal is for 33 -single family attached units. These would 15 two unit townhouses and one 3 unit townhouse. The minimum square footage for those homes would 1250 square feet, and they vary up to 1500 square feet depending on the unit that is selected. Again they are all single story, and would include two car garages. The lot sizes in this portion of the project range from 3850 square up to 7350 square feet. The proposal is for a private street on a 50 foot right-of-way here. And also have a security gate, and again the setbacks are shown in the list in the booklet. That's really all that I kind of wanted to just try to hit the highlights and I'd be pleased to answer any questions. What I would like to try to impress upon you is that the project that you'see before you here is very similar in nature to the project that.. Steiner Development has under development over at the Lakes at Cherry Lane. - Same basic type of a concept of providing a variety of houses for a variety of different types of users, and for any of you who haven't seen that project, I certainly encourage you to take a drive over there and take a look at what's under construction there and what has been built there because it's very similar to what you will see in this project if it were approved. I'd be pleased to respond to any questions you may have. Johnson: Well, Steve, you say it's similar, but with respect to the other than the single family structures, isn't it somewhat different? Bradbury: I guess — maybe I need to be more specific by what I mean by similar. In the Lake at Cherry Lane, as you go in off of Ten Mile, immediately to the right you have some townhouse, you have a townhouse project which is gated or will be gated and immediately to the left, you have some single family detached units that are also behind a gated subdivision. As you go into the project more, there is an R-8 section which I guess would be northerly of the main collector. Peter Boulevard that comes through there, and those are on lots that are 6500 square feet. So that would be similar to what you see in the villages portion of this project, and then as you go further into that project, you get into the standard R-4 type of 8,000 square foot units. So what we have here is in the Meadows and the Plains, you have the same kinds of dwellings as you come into the Lake at Cherry and then the villages.would be similar to what you have in the central portion of the Lake at Cherry Lane and then this Moon Lake Park which is proposed for Wilkins Ranch. It would be similar to the R4 sections of the Lake at Cherry Lane which is probably mostly found in subdivisions #3,and 4 and part of 5 in the Lake at Cherry Lane. Now the difference. And you are right, there is a difference. The main difference is that in the Lake at Cherry Lane, those first two portions that you see immediately when you come into the subdivision are set aside for senior citizens only. Whereas in this project, that is not the case. There's no attempt to create a age restricted community here. Did I cor ie close to answering your question? MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 95 Johnson: Oh, sure. Any questions from the commissioners. Borup: I've got a couple I think. And the fact that this is very similar to the others, I think raises the question, several (inaudible) have done some of the same thing with the decreased density and the private roads and reduced setbacks, etc. It looks like there's probably hopefully a need in Meridian. The question I have is how what's the status of those previous projects? Have they been as successful as you had hoped? Are you filling those up and needing more of the same or are — it didn't look to me like they are at that stage yet.. Bradbury: Well, Mr. Campbell who is here and represents Steiner Development can probably answer the question, somewhat more authoritatively than I can, but what I'm understanding is that it's:been very successful. The Lake at Chert' Lane No. 6 was essentially sold out to a builder who thought enough of it to take the whole thing and has taken about half of number 7 which is the higher density areas. And I don't know, I can't tell you — Borup: That's the lots. How about the buildings? How's the sales on those? Bradbury: Well, my understanding is that there S under construction and all sold? Ten. Right. Of course we haven't built number seven yet, so don't know how that one is, but in the — well maybe I ought to let you talk to Doug about it, because he can give you numbers and do a lot better than I can. Borup: That probably answered both my questions. The other thing I had, do you have any idea what the total density for Lakes at Cherry Lane, all phases would average out? Bradbury: I couldn't tell you. I don't know. I'm looking at the engineer and he's shaking his head. We could probably figure it out for you. Borup: Well, I know you could figure it out. Bradbury: But I don't know it. Smith: I guess my only concern is just the density and we're looking at more instead of less out here as opposed to what's kind of to the southeast, but I mean I guess I was just you know I'd just kind of like to see something out there more along the density more tuned to the Ashford Greens as opposed to what's kind of oozed out that way from the east. So I really, nothing specific. I guess I'm just concerned about the number of attached homes and so forth. MERIDIAN PLANNING AND ZONING r_ APRIL, 14, 1998 t PAGE 96 Bradbury: Sure and I understand. because I kind of had — when I look at it, I probably get the same impression that you get, but the when I take a look at that entire mile section and look at what is there and approved,well I.should say what is constructed what's in existence and what is approved but not yet there. I find that entire section is being built with this type of a mix of uses. I mean you find even in the Ashford Greens, although what you see there now are the primarily the standard R4 lots. What has previously been approved and has just simply not yet built is some higher density areas that I expect that you will probably see before too awful long, and of course immediately adjacent to this in the Lake at Cherry Lane that Steiner has developed it has a density that I think that you are going to find is going to be fairly similar to. this. I guess then you get to the question of how dense is too dense, and) am not sure I can answer the question at 12:05 either. Smith: I'm not sure I want to hear -it at 12:05 either. Johnson: Speaking of dense, did you have a. question John? Any other questions of Steve? Bradbury: There's no gas station on this site though. Prior: I feel very strongly about gas stations. I want you to know that. FRANK JOHNSON 4010 W. USTICK ROAD WAS SWORN BY THE CITY ATTORNEY. F. Johnson: First question is why didn't I get a notice? Johnson: Where do you live? How far? Right across the road. We got a list somewhere. F. Johnson: Is this the legal hearing, if I didn't get a notice? Johnson: Well, I'm not an attorney, but we've got one here. Let me look for this list. F. Johnson: Well, I know you've got my name. Johnson: I'm looking at the list, and you're the first guy on the list. We've got the right address on there? F. Johnson: Yep, I've only lived there for 61 years, so it ought to be. Johnson: 4040 W. Ustick Road. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 97 F. Johnson: Yeah. We've got a copy of all the notices that went out because those go out certified and you should look in his box. F. Johnson: Well, I'm sure you paid the post office to deliver, but -I never got it Johnson: Oh, okay, I don't doubt that. I think the point I'm trying to make is, obviously there's no intent here to circumvent anybody within the area. F. Johnson: Yeah, but is it a legal hearing if you don't notify all the land owners? Johnson: If we did our part, it's probably legal. If the post office didn't do their part, then it probably doesn't affect the City. of Meridian, or somebody stole it out of your mail box, but we do have certification here. March 26th. That's all we can do. (End of Tape) Johnson: And you really are first right? F. Johnson: Well, 1 thought I was. I don't think that makes any difference any more. Johnson: 1 don't know. I don't anything about that. Did you have any questions on the development at all? F. Johnson: Well, I think it's pretty high density for out there when you figure Dakota Ridge will have 90. Angel Creek will have 49, and you got the school, and you got 260 there, and you add up all that extra traffic on Ustick Road, that's going to be quite a bit of traffic. The legal notice in the paper said 260 units on 35 acres, and I'd like for you to also make note that I've got my water delivery system goes through that place. Johnson: Right. That would be taken care of. There's nothing they can do to disrupt your water flow. F. Johnson: Well, they can't disrupt but make it damned miserable. Johnson: Well, I'm just talking legally here. They can't shut your water off. So, you don't think it's a good idea. Is that what you are trying to tell us? F. Johnson: Well, I'm sure that it's going to go in the city, .but with that kind of density, I don't know and see I was at one meeting here when you mentioned like my own place, the reason that you zoned it the way it is zoned was to protect the sewer plant and leavo; root n for future expansions. So where does that leave me? MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 98 Johnson: That leaves you with manure on one side and the sewer plant on the other is what it leaves you. F. Johnson: And I know my cows don't stink anywhere near the sewer plant. Johnson: You may not have to worry about the prevailing wind. You're going to get it anyway. F. Johnson: Well, I guess that's all I have to say.- Johnson: ay: Johnson: Okay, Frank. -Sorry you didn't get the message, but we sure tried to send it out; the notice I mean. Anybody else? GUY GAGE 2596 N. CROOKED CREEK WAY WAS SWORN BY THE CITY ATTORNEY. Gage: We live right straight across the fairway from the finger as he called it. I think that's what they are giving us. Prior: They're giving you the finger, aren't they? Johnson: Could we get that back up on the — do we have a drawing or just what's in here? You didn't bring anything for an easel. We'll work with that. Gage: When we purchased our property approximately a year ago, we were the first family to move in to the Ashford Greens. Of course our first question was what was going to be developed across the fairway from us. And the answer from the realtor and the representative of Ashford Greens was that the development that was started coming in off of Ten Mile on the moon light streets would the similar type of development that would be around the golf course. I see on the plot that we got in the mail here, that some of that is probably true. But this finger to me looks like it's going to be something maybe like an Arkansas chicken barn or something. These size of these lots about 30 feet wide approximately. I don't know what kind of — it'd be just a solid wall of houses across there. No break in them at all, if these are attached buildings. The density is just — I don't think it could get more dense than this. I'm having a problem with the townhouses and what he's got laid out on the upper part here, but Cherry Lane Golf Course is suppose to be a jewel to the City of Meridian. What kind of Aesthetics are they going to have around this solid wall of townhouses? Has there been any drawings or conception there of anything that they are going to build or what it looks like? Johnson: Yoah, I don't know if you looked at these packets, but th 3y are pretty specific. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 99 Gage: No, we haven't had access to one. Are those the ones that goes down on the finger? What does the back side that faces the golf course, is that becoming to the golf course or — Well, anyway, I'm opposed at the present density that they have down on this finger and possibly the density of the project here. They've got out on the Ten Mile side they have a lot of these. smaller homes being built in there. The whole area out on the Ustick clear into Meridian has got a lot of these small homes, and I'm just getting concerned that we are going to be blessed with a lot of unwarranted type people that would be coming out into, these areas. They call them townhouses. I still kind of call them apartments myself because when they are attached like this, -there's just one wall separating the other building and whoever thought up the word townhouse is I don't know. To me it's still an apartment. But 1. am opposed to this type of density. I'd like to see single unattached homes all the way around the perimeter of this golf course. Thank you. Johnson: Okay, thank you, Mr. Gage. Any questions? Anyone else would like to come forward? Any response from Mr. Bradbury? Bradbury: Yes, thank you Mr. Chairman. , For Mr. Johnson, perhaps we can help with his concern. Obviously -all we can do tonight is say any water that is delivered or needs to be delivered to your property will continue to be delivered to your property. Both as a legal matter and as a practical matter. Anything that is coming across this site by law has got to keep coming to you as designed. It will. Number two with respect to the fact that there's this dairy operation across the street, I can make a couple of suggestions. One suggestion that maybe is dealt with in two locations. Either in the restrictive covenants which will be filed as a part of this project and/or on the face of the plat a note could be included which calls out the fact that there is a dairy operation immediately across the street so that any buyer will have notice of the fact and second, we could even put a provision on to the face of the plat as the county requires indicating that the project is subject to the right -to -farm act under Idaho Code. In that fashion any buyer gets notice -of the fact that they take what they get, and if there's dairy across the street, well, that's what they are getting. And we don't have a problem with that. With respect to the questions that Mr. Gage is asking, it's unfortunate that he didn't have an opportunity to see the materials that you all had, but what I'd like to point out is that in this section that we are calling the finger and boy, I wish I hadn't said that now, but it's too late. You can't unring the bell. There will be 16 buildings and they are 16 separate buildings that go around that area, and combined when you look at them, they each are going to be at least 2400 square feet and some more depending on the combinations that are built on each one of these lots. There are a number of different styles and elevations and so that you don't see a solid wall. What you folks have in your packet behind tab 11, is a proposed building footprint plan for that portion of tide project, and if you don't mind I'd like to show Mr. Gage so that he can see it too. So what you get when MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 100 you look at that, is that you get a variety of elevations and you get some contours and it's not all one flat wall. I mean you get some, I don't know that Mr. Smith can tell me the word I'm looking for when I'm talking about the fact that it's not all one line, but there's a variety: What's the word I'm looking for? It's too late. Anyway, the point I'm trying to make is that you are not going to get, it's not going to look like an apartment complex with one solid wall going across there. There's 16 separate buildings. Those buildings will have the outward appearance of single family dwellings. It just so happens that each of them will be housing two families, and so from where I'm understanding Mr. Gage to be living when he's looking across the fairway, I think what he's going to be looking at are for outward appearances, single family dwellings. And by the way, I know he was concerned about the fact that these are apartments.. They are all going to be separately sold and theoretically owner occupied. I mean you can't — I guess you can't'guarantee that some owner might not want to rent out, buy a unit and not live in it and rent it out, but these are all separately owned and sold. They are not duplexes where it's all on one- lot and you -buy — well, you live in one and rent the other. With that I'll respond to any questions that you all may have. Johnson: Did you have a question. over there? Bradbury: By the way and I realize that staff have previously indicated that they hadn't had an opportunity to prepare all the comments they wanted prepared and were asking for a continuance of the public hearing, and we certainly have no objection to that. We'd like to work with staff and get them as comfortable as we possibly can. Johnson: Right. Thanks for pointing that out. We do have a letter from them requesting a deferral to keep the public hearing open. Anyone else would like to come forward on this? Further discussion? I'll keep the public hearing open. Is there any motion? Smith: Just quickly I don't know exactly what all staff is concerned about. I still have some real concerns about the density on this thing. I'm glad we're looking to continue the public hearing because I think I'm just not comfortable with this right now as it sit, so I'll go ahead and be the one who makes the motion that we continue the public hearing on this item until our next meeting on May 12th. MacCoy: Second it. Johnson: Any further discussion? Borup: I would like to add a request to the applicant that. I would interested to help me, that is I would like to know what the density is of the Lakes at Ghent' Lane as a whole, and also probably the status of the build out. I mean you have a nice variety in there, and I would be curious to know which projects are selling, MERIDIAN PLANNING AND ZONING APRIL 14, 1998` PAGE 101 which ones aren't. Which to me would indicate what the public wants and where . the demand is, and I don't know. If it's going that way. I guess I envisioned that would be built out and if that's successful you go on with more of, the same. I don't know at this point if those results are in yet. Johnson: Probably have that by next meeting. That's not what I meant. Any other discussion? We have a motion and a second. All in favor. Opposed? MOTION CARRIES: All ayes. ITEM NO. 14: PRELIMINARY PLAT FOR. WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC -EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD: Johnson: I will now open that public hearing, and we would incorporate testimony from the prior public hearing. Are there further comments? Anything you would like to address the commission with regarding that? You have to be sworn again. Bradbury: Do I have to be sworn to say nothing more? Johnson: Yeah. STEVE BRADBURY WAS SWORN BY THE CITY ATTORNEY. Bradbury: I have nothing more to add to that. Johnson: Anybody have anything to add on the preliminary plat? We will keep this public hearing open as well. Is there a motion? Smith: Mr. Chairman, I would like to make a motion that we continue this public hearing until our next meeting on May 12�h. MacCoy: Second. Johnson: Further discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC — EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD: MERIDIAN PLANNING AND ZONING APRIL 14, 1998` PAGE l o2 Johnson: Again we would incorporate prior testimony on items 13 and 14. Anybody have anything they would like to address the commission with? I'll open the public at this time. Entertain a motion.- Smith: otion:Smith: Mr. Chairman, I'd like to make a motion that we continueI this hearing hearing until our next meeting on May 12th. p bltc MacCoy: Second. Johnson: Motion and second to continue the public hearing until May 12th, further discussion? All in favor? Any MOTION CARRIED: All ayes. Johnson: And now we get to move into a workshop. on item no. 16. ITEM NO. 16: PUBLIC HEARING: AMENDMENTS TO ZONING AND SUBDIVISION AND DEVELOPMENT ORDINANCES: Johnson: I'll open the public hearing and ask the City Planning and Zoning Administrator to address the commission. SHARI STILES WAS SWORN BY THE CITY ATTORNEY. Stiles: Thank you. Chairman Johnson, Commissioners, the items that I have presented and put in your packet, the first item has to deal with the ordinance we currently called piping of -irrigation ditches. This is not something that the commissioners deal with normally because when the variances come in on the ditches, they go directly to the City Council. The Planning and Zoning Commission doesn't ever hear those problems that come up because of the ditches. We were instructed, Gary Smith and I were instructed to look at what Boise City had, and as a result we came up with this three page proposed ordinance. City Council has reviewed this and made comments and we've made revisions to comply with their comments. The biggest problem we have is that no where in the ordinance does it say anything about the size. It's always been a Policy that. if it required 60 inch pipe or greater, that they wouldn't require tiling of the ditch. They have since changed that policy to 48 inches. If it was 48 inches or higher, than they would grant the variance. But another problem we had was not allowing any leniency as far creating an amenity with some of these existing n irrigation ditches and canals, and maybe giving them some relief from some of Nampa and Meridian Irrigation District's requirements. I don't know ify ou' ve a chance to look at this. I know You didn't get it until Friday. I would arecia had any comments you have on that. PP to