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HomeMy WebLinkAboutWhitestone Estates No.3 VARMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live "IT"r OF MERIDIAN - .-1119� MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPART MENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 10, 1998 TRANSMITTAL DATE: October 28, 1998 HEARING DATE: November 17, 1998 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO. 3 BY: WHITESTONE DEVELOPMENT COMPANY, LLC LOCATION OF PROPERTY OR PROJECT: South of Franklin Rd. & West of Linder Rd. TAMMY DE WEERD 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 ATTORN EY _CITY ENGINEER _CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: OCT 2 7 1998 CITY OF MERIDIAN V 5 � 177, 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Whitestone Development Company, LLC (Owner or holder of valid option) ADDRESS: 8850 N. Gadwall, Boise, Idaho 83714 1998 Phone:371-2051 GENERAL LOCATION: E 1/2, NE 1/4, section 14, T. 3N, R. 1W, BM LEGAL DESCRIPTION OF PROPERTY: attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: R-4 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Proposed 30' street frontage for Lots 11 & 12 Block 7 I hereby certify that the information contained herein is true and correct. SIGNATURE: CITY COUNCIL RECORDS Date Received Received by City Council Hearing Date t ZA'l I l�—� 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 PROJECT: 527380 DATE: July 16, 1998 WHITESTONE ESTATES SUBDIVISION NO. 3 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION NO. 3 ALL OF LOT 4 BLOCK 7, WHITESTONE ESTATES SUBDIVISION NO.2 AND A PORTION OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A parcel of land being all of Lot 4, Block 7, Whitestone Estates Subdivision No. 2, and a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly as follows: Beginning at an iron pin marking the Northeast corner of said Northeast Quarter of Section 14, thence along the easterly boundary of said Northeast Quarter of Section 14, said easterly boundary also being the centerline of South Linder Road, South 00°33'08" West 1491.59 feet to a point; thence leaving said easterly boundary and centerline, North 89° 13'17" West 664.72 to a 2" galvanized iron pipe marking a point on the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222, and marking the easterly boundary of Whitestone Estates Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7 742 and 7743; thence along said westerly and easterly boundaries, South 00°33'43" West 161.61 feet to an iron pin, said iron pin being THE REAL POINT OF BEGINNING; thence continuing along said westerly and easterly boundaries, South 00°33'43" West 168.83 feet to a point on the northerly right-of-way of the Kennedy Lateral; thence leaving said westerly and easterly boundaries and along said northerly right-of-way the following courses and distances; thence North 89'26'17" West 129.79 feet to a point; thence South 74022'13" West 400.90 feet to a point; thence North 84124'50" West 50.20 feet to a point; thence North 89°25'42" West 100.00 feet to a point; thence leaving said northerly right-of-way, North 00134'18" East 80.00 feet to an iron pin marking the Southwest corner of Lot 7, Block 5, of said Whitestone Estates Subdivision No. 2; thence along the southerly boundary of said Whitestone Estates Subdivision No. 2 the following courses and distances; thence South 89125'42" East 150.00 feet to an iron pin; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation thence North 00'34'18" East 36.11 feet to an iron pin marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet, tangents of 20.00 feet and a long chord of 28.28 feet bearing North 45'34'18" East to an iron pin marking a point of tangent; thence South 89°25'42" East 73.52 feet to an iron pin marking a point of curve thence along a curve to the left 133.90 feet, said curve having a central angle of 22°14'17", a radius of 345.00 feet, tangents of 67.81 feet and a long chord of 133.07 feet bearing North 79°27'10" East to an iron pin marking a point of tangent; thence North 68°20'01" East 99.89 feet to a point marking a point of curve; thence leaving said southerly boundary and along a curve to the right 15.74 feet, said curve having a central angle of 45°05'46", a radius of 20.00 feet, tangents of 8.30 feet and a long chord of 15.34 feet bearing South 89°07'06" East to a point marking a point of.reverse curve; thence along a curve to the left 121.43 feet, said curve having a central angle of 135°05'46", a. radius of 51.50 feet, tangents of 124.63 feet and a long chord of 95.19 feet bearing North 45°52'54" East to an iron pin; thence North 85°40'01" East 115.61 feet to the point of beginning. EXCEPTION: A parcel of land being a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly as follows: Beginning at the afore described iron pin marking the Southwest corner of Lot 7, Block 5, of said Whitestone Estates Subdivsion No. 2; . thence along the southerly boundary of said Whitestone Estates Subdivision No. 2, South 89°25'42" East 125.00 feet to an iron pin, said iron pin being THE REAL POINT OF BEGINNING; thence continuing along said southerly boundary South 89°25'42 East 25.00 feet to an iron pin; thence leaving said southerly boundary South 00034'18" West 84.39 feet to a point on the northerly right-of-way of the Kennedy lateral; thence along said northerly right-of-way North 84024'50" West 25.10 feet to a point; thence leaving said northerly right-of-way North 00°34' 18" East 82.20 feet to the point of beginning. Said parcel contains 1.66 acres more or less, excluding the above described exception. 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 Don G, Payne, P.L.S. DGP:beb in.I � Iii n AI tY ' A Pioneer Company PIONEER TITLE COMPANY s OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED WHITESTONE DEVELOPMENT COMPANY, L.L.C. Grantor does hereby grant, bargain, sell and convey unto JOINT SCHOOL DISTRICT NO. 2 the Grantee , whose current address is: 911 N. MERIDIAN ROAD, MERIDIAN, ID 83642 the following described real property in County, State of Idaho, more particulary described as follows, to -wit: SEE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, AND WHICH IS COMPRISED OF ONE (1) PAGE ADA COUI{TY RECORDER J 1AVIE'10Aip(IO 1990 jN -2 pm 4; 12 RECORDED -REQUEST � �� p1ONEER FEEJL!!DEPUTYC� 98053286 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and Grantee heirs and assigns forever. And the said Grantor deas hereby covenant to and with the said Grantee the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: June O1, 1998 WHITESTON EVELO MENT COMPANY, L.L.C. BY; WHITESTONE DEVELOPMENT COMPANY, LA Y VAN HEES — MEMBER STATE OF Idaho, County of Ada, ss. „o� onrob On this 2ND day of JUNE 1998 , before me the unde sf�rac a�3tgry public personally appeared known or identified to me to be a member of WHITESTONE DEVE P N 14Y.1 L.A. C. and the Mana eg�lem erand the Mana whoscribed sai imited liability r a t rygolni instrume ,and acknowledged to th t t e sam M i abilir compan name. a,,N��OPoil 1*00,` Notary Pu —Ra ax 1I MQ 1dlAa. to nAn ewwut Exp 10/28/99 r FILE NO.: P167820 EXHIBIT A PARCEL I A PARCEL OF LAND BEING A PORTION OF THE WEST ONE-HALF OF THE EAST ONE-HALF NORTHEAST QUARTER SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN MARKING.THE SOUTHEAST CORNER SAID NORTHEAST QUARTER; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER, NORTH 89 DEGREES 12'13" WEST 664.92 FEET TO A POINT; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY, NORTH 89 DEGREES 12'13" WEST 664.92 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND ALONG THE WESTERLY BOUNDARY OF THE EAST ONE-HALF OF SAID NORTHEAST QUARTER, NORTH 00 DEGREE 34'18" EAST 805.07 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF WHITESTONE ESTATES NO. 2 SUBDIVISION AS FILED FOR RECORD IN THE OFFICES OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 75 OF PLATS AT PAGES 7742 AND 7743; THENCE LEAVING SAID EASTERLY BOUNDARY, AND ALONG THE SOUTHERLY BOUNDARY OF SAID WHITESTONE ESTATES NO. 2, SOUTH 89 DEGREES 25'42" EAST 125.00 FEET TO A POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY, SOUTH 89 DEGREES 25'42" EAST 25.00 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY, SOUTH 00 DEGREE 34'18" EAST 84.39 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF THE KENNEDY LATERAL; THENCE ALONG SAID NORTHERLY RIGHT OF WAY, NORTH 84 DEGREES 24'50" WEST 25.14 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY, NORTH 00 DEGREE 34'18" WEST 82.19 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND BEING A PORTION OF THE WEST ONE-HALF OF THE EAST ONE-HALF NORTHEAST QUARTER SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN MARKING THE SOUTHEAST CORNER SAID NORTHEAST QUARTER; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER, NORTH 89 DEGREES 12'13" WEST 664.92 FEET TO A POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY, NORTH 89 DEGREES 12'13" WEST 664.92 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND ALONG THE WESTERLY BOUNDARY OF THE EAST ONE-HALF OF SAID NORTHEAST QUARTER, NORTH 00 DEGREE 34'18" EAST 725.07 FEET TO POINT ON THE NORTHERLY RIGHT OF WAY OF THE KENNEDY LATERAL; THENCE LEAVING SAID EASTERLY BOUNDARY, AND ALONG SAID NORTHERLY RIGHT OF WAY, SOUTH 89 DEGREES 2542" EAST 100.00 FEET TO A POINT; THENCE SOUTH 84 DEGREES 24'50" EAST 50.19 FEET TO A POINT; THENCE NORTH 74 DEGREES 22'13" EAST 400.90 FEET TO A POINT; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89 DEGREES 26'17" EAST 129.79 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE WEST ONE-HALF OF THE EAST ONE-HALF; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY AND ALONG THE WESTERLY BOUNDARY OF SAID EAST ONE HALF, SOUTH 00 DEGREE 33'43" WEST 835.17 FEET TO THE POINT OF BEGINNING. LEGAL CONTINUED P167f320 AND EXCEPTING THEREFROM THAT PORTION DEEDED BY GENERAL WARRANTY DEED TO UNITED STATES OF AMERICA UNDER INSTRUMENT NO. 97077953, DATED SEPTEMBER 23, 1997. AND ALSO EXCEPTING THEREFROM ANY PORTION LYING IN THE RIGHT. OF WAY OF WALTMAN ST. END OF LEGAL DESCRIPTION a i SEP 1 1 1998 CITY OF MERIDIAN X) - O --k 1295 S.'Eagle Flight Way Boise, ED 83709 (208) 378-6387 Fax (208) 378-0025 F September 10, 1998 City Council City of Meridian 4 33 East Idaho Avenue Meridian, ID 83642 Subject: 549340-01 Variance Application for Whitestone Estates No. 3 Subdivision Dear City Council Members: On behalf of Whitestone Development Company,' L.L.C., I respectfully request that Meridian City Council consider and grant a variance to allow 30 -foot wide lot frontages on Lots 11 and 12 Block 7 of the proposed Whitestone Estates No: 3 Subdivision. This request is necessary to comply with Ada County Highway District's request to re -design the intersection of South Lodestone Avenue and West Pintail Drive. The Ada County Highway District's requests a re -design of the "snoopy turnaround at the intersection of South Lodestone Avenue and West, Pintail Drive to a "knuckle" turnaround, similar to the "knuckle" turnaround proposed at the intersection of South Whitestone Way and West Pintail Drive. We proposed the "snoopy" turnaround in the July preliminary plat submittal to minimize the relocation of existing utilities. To accommodate the District's request, Lots 11 and 12 Block 7 lot . street frontages were reduced to 30 feet. The 25 -foot wide emergencyaccess to the school property reduces the frontage available for providing 40 -foot wide street frontages for these two lots. Lots 6 through 9 Block 7 lot lines were not adjusted due to the existing utilities service stubs to each lot. Water, sewer, power,, telephone and gas lot services were constructed during the development of ` Whitestone Estates No. 2 Subdivision to provide, services for Lots;6 through 9Block 7. In the time period between the construction of the. Whitestone Estates No. 2 Subdivision improvements and, the submittal of Whitestone Estates No. 3 Subdivision preliminary plat, the Joint School District No. 2 purchased 12 acres of Whitestone Estates for a school site located south of the proposed Whitestone Estates No. 3 Subdivision. The School District owns a 25 -foot wide emergency access from the public street in Whitestone Estates No. 3 Subdivision to the school site. This emergency access will be paved, have bollards installed to control vehicular access and utilities will be constructed within this access. An eight -inch water main will be extended to the school site. The sewer will be either a six- or eight - inch pipe depending on the proposed school development. The School District is in the process of designing and developing the 12 -acre parcel; PLS-BOI 58-778 Pacific Land Surveyors, a division of POWER Engineers, Inc:, an Idaho Corporation WHITESTONE ESTATES NO. 3 1/2 MILE VICINITY MAP c2EFK Z ADA PLANNING ASSN. J U L 16 1998 Iz 13�1� is �r 4— 16 �y — GREENNtN� s <' 17 >: 18 1 0 8 12 13 15 2 z 9 10 1i t = 19 12 8 w 3 y W. 20 C ALC Q li 1e T Cf)W ° ; 23 E15� .1 n 0 6 v 2 7 GPNS�R 1 3 W. B 3 2 4 I O 4 3 /O S 5 6 7 6 c4TF Z W. PINTP e a A 7 - 7 -- R 9 �i d ' 8 • f . WALTMAN ST B 7 e S 4 3 Z 1.2 s i PRI R S� S �. I � 1 1 s , Rl 6 9 /o ii / i2 /3 I /4 I /S 6 �6 /3 i� is i /7 I ;Q I i, d /3 RT - s- 20 2 2/ L2 Z3 24 J r v (/ A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED WHITESTONE DEVELOPMENT COMPANY, L.L.C. Grantor , does hereby grant, bargain, sell and convey unto JOINT SCHOOL DISTRICT NO. 2 42 the Grantee , whose current address is: 911 N. MERIDIAN Co D ty State of MERIDIAN, IdahID 83pat iculary described as the following described real property in follows, to -wit: AND SEE ATTACHED "EXHIBIT A"HEREOF, , WHICH BY THIS REFERENCE BECOMES A PART WHICH IS COMPRISED OF.ONE (1) PAGE -,SDA COURTY RECORDER J, DAVID HAVARRO L•'DISE, IDAHO 199D JN -2 Ni 4` 12 RECORDED - R NUEST -01 FE,. °d D�f'UTY 98053286 NUMBER DI Cl 1, C2 2: C3 4! C4 1: C5 1! p7l 11 12 1 3 C.P. do F. No. 8908445 N. JL IF 50 25 0 50 100 150 SCALE IN FEET • LEGEND --- — ----- Boundary — — — — Easement Lot Line - — — Centerline of Road i, Existing Sewer Manhole Existing Water Valve CU Existing Water Meter Existing Water Meter -------- s ------ -- -- -- Existing Sanitary Sewer Line ---- w — -- --- --- Existing Water Line --- -- PARR -- -- Existing Pressure Irrigation Line Pum Proposed Pressure Irrigation W, Proposed Water Line ------s0 Proposed Sewer line -�-- Proposed, Street Drainage Proposed Street Light A Proposed Fire Hydrant ----- — 1.570 -- ---- - Contours r'I,-.-i Ni11111 .— I a O I� N OWNER WHITESTONE DEVELOPMENT COMPANY, L.L.C. g 410 S. ORCHARCD SUITE 124 i BOISE, IDAHO 83705 ui 208-344-9566 DEVELOPER WHITESTONE PARTNERSHP i 410 S. ORCHARD SUITE 124 I z BOISE, IDAHO 83705 1 1 208-344-9566 ACREAGE: 1.92 ACRES U EXISTING ZONING: R-4 I MINIMUM LOT SIZE: 8000 SQ FT I I 3 Corner 'c F. No. 95041424 BUILDING SET FRONT = 20' REAR = 15' SIDE INTERIOR = 5' SIDE W/STREET = 20' IRRIGATION NAMPA-MERIDIAN BACKS DRAINAGE DISTRICT DRAINAGE DISTRICT NO. 3 FIRE DISTRICT MERIDIAN WATER SUPPLY MERIDIAN WATER SEWAGE DISPOSAL MERIDIAN SEWER PRELIMINARY PLAT OF WHITESTONE ESTATES- SUBDIVISION NO. 3 ALL OF LOT 4, BLOCK. 7, AND LOT 7, BLOCK 5, WHITESTONE ESTATES NO. 2, AND A PORTION OF THE W 1/2, OF THE E 1/2 OF THE NE 1/4 SECTION 14, T.3N., RAW„ B.M., MERIDIAN, ADA COUNTY, IDAHO LAND tuAll�MA81 BA division of POWER Engineers, Inc., An Idaho Corporation Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ................ ..,. 0 HARLAND STYLE O SOD mm DOm O M '0 C o02 s'w I I 1 z0m o.(D 3. m 0 0 Z 0 m D H E 6° c m m r r LW ri r 0 0 0 r 0 r 0 LU w LU m rt rD (D rt 0 � H O rn mD r- ( V �co cf) o IS �a sae m r m Z 0 0 r n CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 WHITESTONE ESTATES SUB. NO.3 PROPERTY OWNERS WITHIN 300' WHITESTONE DEVELOPMENT CO LLC HUMPHERYS EVALINE LIFE ESTATE 345 S LINDER RD MERIDIAN ID 83642-6107 WHITESTONE DEVELOPMENT CO LLC 410 S ORCHARD ST SUITE 124 BOISE ID 83705-1210 W MERGANZER DR 1922 W MERGANZER DR 1837 W MERGANZER DR 443 S LODESTONE AVE 490 S LODESTONE AVE 475 S LODESTONE AVE 501 S MOONSTONE WAY 518 S LODESTONE AVE 524 S MOONSTONE WAY 525 S LODESTONE AVE W PINTAIL DR 549 S LODESTONE AVE KIRK DOROTHY SHAKOORI MlRAZIM ET AL CASTRO VALLEY BP SERVICES 3519 CASTRO VALLEY BLVD CASTRO VALLEY CA 945464401 W FRANKLIN LOREE TODD A & LOREE SHANNON 1887 W MERGANZER DR MERIDIAN ID 83642 STORMOEN DEREK L & STORMOEN GORANE 478 S MOONSTONE WAY MERIDIAN ID 83642 HARTSHORN LUTHER AND KAYS AGNES 465 S LINDER RD MERIDIAN ID 83642-6107 BURGESS TIMOTHY AARON & ANITA LYNN 1905 W MERGANZER DR MERIDIAN ID 83642 SAM AND JEFF THOMPSON CONSTRUCTION L L P 11906 W DANIEL DR BOISE ID 83713 506 S MOONSTONE WAY BREWER CONSTRUCTION INC PO BOX 156 MERIDIAN ID 836801210 1884 W PINTAIL DR CHEESBROUGH GREGG P & JOYCE 501 S LODESTONE AVE MERIDIAN ID 83642 CENTERS JAKE & CENTERS MICHAELA 5430 S ONAGA PL BOISE ID 83705 1906 W PINTAIL DR BRADSHAW DENNIS B & BEVERLY J 485 S LINDER RD MERIDIAN ID 83642-6107 GOSSI MICHAELLE K & ALAN R 515 S LINDER RD MERIDIAN ID 83642-6101 JOINT SCHOOL DISTRICT NO 2 911 N MERIDIAN RD MERIDIAN ID 83642 W PINTAIL DR 1860 W WALTMAN ST MITTLEIDER STEVEN R & PAMELA A 635 S LINDER RD MERIDIAN ID 83642-6101 SIMONS BILL & CHARMAYNE E 675 S LINDER RD MERIDIAN ID 83642-6101 g ,.. yyf .- i J;: "", t PFMR02PUB 98 N E W M A S T E R U P D A T E PUBLIC Parcel R9375770270 Code Area 03 Type Qty Value Name nIHITESTONE DEVELOPMENT CO LLC_ 200 .217 24000 Buyer C/O Address 410 S ORCHARD ST SUITE 124 BOISE ID 83705 - 1210 Last Change : 97/12/04 By : ASCHADGL Desc. LOT 1 BLK 6 WHITESTONE ESTATES SUB #2 Total 24000 9/10/98 ACTIVE_ Data From Master Bank Code PrePaid _ L.I.D. _ Bankrupt Sub.Code _ Annexation *NO Notes Exemption F M34730060010 3N 1W 14 Hardship Property Zoning R-4_ Flag _ Address 00490 S_ LODESTONE AVE_ MERIDIAN ID 83642-0000 D.D. Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON -OCC Action: F2=Select F3=Exit F9=UR F10=Tax 22-78 SA MW KS DM IM II S1 AS400 KB i PFMD01 98 M A S T E R U P D A T E 9/10/98 11:32:06 Parcel R9375770270 Code Area 03 Type Qty Value ACTIVE_ Name WHITESTONE DEVELOPMENT CO LLC 200 .217 24000 Bank Code Buyer Prepaid _ C/0 Address 410 S ORCHARD ST L.I.D. _ SUITE 124 Bankrupt BOISE ID ID Sub.Code 83705 - 1210 Last Change . 97/12/04 By : ASCHADGL Total 24000 Desc. LOT 1 BLK 6 WHITESTONE ESTATES SUB #2 M34730060010 3N 1W 14_ Annexation *NO Notes Exemption Hardship 0 Property Zoning R-4_ Flag _ Address 00490 S_ LODESTONE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL, Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:33:12 Parcel R.9375770280 . Code Area 03 Type Qty Value ACTIVE_ Name AURGESS TIMOTHY AARON & 200 .264 .25000 ANITA LYNN Bank Code Buyer Prepaid C/O Address 1905 W MERGANZER DR L.I.D. _ MERIDIAN ID 83642 - 0000 Last Change : 98/04/22 By : ASR_CUNNIN Total 25000 Desc. LOT 2 BLK 6 WHITESTONE ESTATES SUB #2 #97107684 M34730060020 3N 1W 14_ Hardship Bankrupt _ Sub.Code Annexation *NO Notes [I] Exemption Property Zoning R-4_ Flag _ C Address 01905 W_ MERGANZER DR_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select. F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II 51 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:34:06 Parcel R9375770290 Code Area 03 Type Qty Value ACTIVE_ Name-,-tOREE TODD A& 200 .258 24000 LOREE SHANNON Bank Code Buyer C/O Address 1887 W MERGANZER DR MERIDIAN ID 83642 - 0000 Last Change : 98/09/01 By : ASCARLCY Total Desc. LOT 3 BLK 6 WHITESTONE ESTATES SUB #2 #98057531 M34730060030 3N 1W 14_ Hardship 24000 I Prepaid L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes U Exemption Property Zoning R-4_ Flag _ Address 01887 W MERGANZER DR_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS L)M .i iii PFMD01 98 M A S T E R U P D A T E Parcel R9375770330 Code Area 03 Type Qty Name WHITESTONE DEVELOPMENT CO LLC_ 200 .213 r Buyer C/O Address 410 S ORCHARD ST SUITE 124 BOISE ID 83705 - 1210 Last Change : 97/12/04 By : ASCHADGL Total Desc. LOT 7 BLK 6 WHITESTONE ESTATES SUB #2 II S1 AS400 KB 9/10/98 11:34:47 Value ACTIVE_ 24000 Bank Code Prepaid — L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes z fI Exemption � f M34730060070 3N 1W 14_ Hardship 0 Property Zoning R-4 Flag _ Address 00518 S_ LODESTONE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax i 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:35:19 Parcel R9375770320 Code Area 03 Type Qty Value ACTIVE_ Name CENTERS JAKE & 200 .222 24000 CENTERS MICHAELA Bank Code Buyer C/O Address 5430 S ONAGA PL BOISE _ ID 83705 - 0000 Last Change : 98/08/21 By : ASR2_CUNNI Total Desc. LOT 6 BLK 6 WHITESTONE ESTATES SUB #2 #98073771 M34730060060 3N 1W 14_ Prepaid L.I.D. Bankrupt _ Sub.Code Annexation *NO Notes 24000 Exemption Hardship 0 Property Zoning R-4_ Flag _ Address 01906 W_ PINTAIL DR_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS 'DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:36:26 Parcel R9375770310 Code Area 03 Type Qty Value ACTIVE_ Name BREWER CONSTRUCTION INC 200 .202 24000 Bank Code Buyer Prepaid _ C/O Address PO BOX 156 L.I.D. _ Bankrupt — MERIDIAN_ ID Sub.Code _ 83680 - 1210 Last Change : 98/08/21 By :.ASR2_CUNNI Total 24000 Desc. LOT 5 BLK 6 WHITESTONE ESTATES SUB #2 #98065281 M3473006005.0 3N 1W 14_ Annexation *NO Notes Exemption Hardship 0 Property Zoning R-4_ Flag _ Address 01884 W_ PINTAIL DR_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax i 01-10 SA MW KS DM IM PFMD01 98 M A S T E R U P D A T E Parcel R9375770300 Code Area 03 Type Qty Name WHITESTONE DEVELOPMENT CO LLC_ 200 .213 Buyer C/O Address 410 S ORCHARD ST SUITE 124 BOISE ID 83705 - 1210 Last Change : 97/12/04 By : ASCHADGL Total Desc. LOT 4 BLK 6 WHITESTONE ESTATES SUB #2 M34730060040 3N 1W 14 II S1 AS400 KB 9/10/98 11:36:44 Value ACTIVE_ 24000 Bank Code Prepaid L.I.D. _ Bankrupt Sub.Code _ Annexation *NO Notes 24000 Exemption Hardship 0 Property Zoning R-4_ Flag _ Address 00501 S_ MOONSTONE WAY_ MERIDIAN ID 83634-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E Parcel R9375770350 Code Area 03 Type Qty Name STORMOEN DEREK L & 200 .288 STORMOEN GONANE Buyer C/O Address 478 S MOONSTONE WAY MERIDIAN ID 83642 - 0000 Last Change 98/07/09 By : ASR2_CANDY Desc. LOT 2 BLK 7 WHITESTONE ESTATES SUB #2 #98052267 M34730070020 3N 1W 14_ Total 9/10/98 11:37:13 Value ACTIVE_ 26000 Bank Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code r IMIC Annexation *NO Notes Exemption Hardship 0 Property Zoning R-4 _ Flag _ Address 00478 S_ MOONSTONE WAY_ MERIDIAN ID 83634-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R Parcel R9375770360 Code Area 03 Name SAM AND JEFF THOMPSON CONSTRUCTION L L P Buyer U P D A T E 9/10/98 11:37:43 _ Type Qty Value ACTIVE_ 200 .241 25000 Bank Code C/O Address 11906 W DANIEL DR BOISE _ ID 83713 - 0000 Last Change : 98/05/05 By : ASR2_CANDY Total 25000 Desc. LOT 3 BLK 7 WHITESTONE ESTATES SUB #2 #98025486 M34730070030 3N 1W 14_ Prepaid _ L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes Exemption Hardship 0 Property Zoning R-4 Flag _ Address 00506 S_ MOONSTONE WAY_ MERIDIAN ID 83634-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:38:08 Parcel R9375770370 Code Area 03 Type Qty Value ACTIVE_ Name WHITESTONE DEVELOPMENT CO LLC 200 .199 25000 Bank Code Buyer Prepaid C/O — Address 410 S ORCHARD ST L.I.D. _ SUITE 124 Bankrupt BOISE ID Sub.Code 83705 - 1210 Annexation *NO Last Change 97/12/04 By : ASCHADGL Notes Total 25000 Desc. LOT 4 BLK 7 WHITESTONE ESTATES SUB #2 Exemption M34730070040 3N 1W 14_ Hardship 0 Property Zoning R-4 _ Flag _ Address 00524 S_ MOONSTONE WAY_ MERIDIAN ID 83634-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: — F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:38:46 Parcel R8956001072 Code Area 242_ Type Qty Value ACTIVE_ Name HARTSHORN LUTHER AND 150 1.940 28000 KAYS AGNES 370 60600 Bank Code Buyer 990 30300- Prepaid C/O Address 465 S LINDER RD L.I.D. _ Bankrupt MERIDIAN Sub.Code _ ID 83642 - 6107 Last Change 93/09/21 By : ASR_MASON Total 58300 Annexation *NO Notes Desc LOTS 9 & 10 VAN HEES SUB #1070 1570 C #8146182 02007000009A 3N 1W 14 Circuit Breaker Hardship 0 Z 4Rl Exemption Flag Property oning _ ID D.D. Address Space # 00465 S_ LINDER Type 1 REAL Roll 1 PRIMARY Occ. _ 0 Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM F II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:39:18 Parcel R8956001620 Code Area 242_ Type Qty Value ACTIVE_ Name BRADSHAW DENNIS B & BEVERLY J_ 150 1.500 28000 68700 Bank Code CFC 370 Buyer 990 34350- Prepaid C/O _ L.I.D. Address 485 S LINDER RD _ Bankrupt Sub.Code MERIDIAN ID 83642 - 6107 Last Change : 96/10/21 By : ASR_CHADWL Total 62350 Desc. LOT 11 VAN HEES SUB #96047229 #96047230 020070000110 3N 1W 14_ Annexation *NO Notes Exemption Hardship 0 Property Zoning R1 Flag _ Address 00485 S_ LINDER RD_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:39:41 Parcel R8956001790 Code Area 242_ Type Qty Value ACTIVE_ Name MITTLEIDER STEVEN R & PAMELA A 150 3.930 40000 370 49600 Bank Code CFC Buyer 990 24800- Prepaid C/O — Address 635 S LINDER RD L.I.D. _ Bankrupt — MERIDIAN ID Sub.Code — 83642 - 6101 Annexation *NO Last Change —:93/09/21 By ASR_MASON Notes Total 64800 Desc. LOTS 13/14 VAN HEES SUB Exemption #9226464 02007000013A 3N 1W 14_ Property Address 00635 S LINDER Hardship Zoning R1 RD MERIDIAN 0 Flag _ ID 83642-0000 D.D. _ } Space # Type 1 h -AL Roll 1 PRIMARY OcL F2=Select F3=Exit F5=Corrctd Notice F6=Let*ters 01-10 SA MW KS DM IM PFMD01 98 M A S T E R Parcel S1214141905 Code Area 03 Name JOINT SCHOOL DISTRICT NO 2 Buyer C/O Address 911 N MERIDIAN RD U P D A T E _ Type Qty 010 11.069 MERIDIAN ID 83642 - 0000 Last Change : 98/08/11 By : ASFRANTM Total Desc. PAR #1905 OF SE4NE SEC 14 3N 1W #141900-B #98053286 #98053285 0 Action: _ F10=Tax II S1 AS400 KB 9/10/98 11:40:15 Value ACTIVE_ 10859 Bank Code Prepaid L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 10859 Exemption 03N01W141905 3N 1W 14 Hardship 0 Property Zoning R-4_ Flag _ Address 01860 W WALTMAN ST_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:44:31 Parcel R9375770260 Code Area 03 Type Qty Value ACTIVE_ Name WHITESTONE DEVELOPMENT CO LLC 200 .184 24000 Bank Code Buyer C/O Prepaid Address 410 S ORCHARD ST L.I.D. _ SUITE 124 Bankrupt _ BOISE ID Sub.Code _ 83705 - 1210 Annexation *NO Ch 97/12/04 B • ASCHADGL Notes Last ange : y Total 24000 Desc. LOT 7 BLK 5 WHITESTONE ESTATES SUB #2 Exemption M34730050070 3N 1W 14_ Hardship 0 Property Zoning R-4_ Flag _ Address 00549 S_ LODESTONE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ ! F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:45:06 Parcel R9375770250 Code Area 03 Type Qty Value ACTIVE_ Name WHITESTONE DEVELOPMENT CO LLC_ 200 .184 24000 Last Change : 97/12/04 L, : ASCHADGL Notes Total 24000 Desc. LOT 4 BLK 5 WHITESTONE ESTATES SUB #2 Exemption M34730050040 3N 1W 14_ Last Change : 92/01/31 By AS _ Desc. PAR #3652 OF N2 SEC 14 3N 1W #233650 B #9033350 9057598 03N01W143652 3N 1W 14– Hardship Total 143705 197 Exemption Hardship 0 Property Zoning R-4 Flag _ Address 00475 S_ LODESTONE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:46:22 Parcel S1214233652 Code Area 242_ Type Qty Value ACTIVE_ Name KIRK DOROTHY 010 110.250 143705 Bank Code Buyer SHAKOORI MIRAZIM ET AL Prepaid C/O CASTRO VALLEY BP SERVICES _ Address 3519 CASTRO VALLEY BLVD L.I.D. _ Bankrupt CASTRO VALLEY CA Sub.Code _ 94546 - 4401 Annexation *NO Last Change 92/01/31 By : ASR_MCDONL Notes Total 143705 Desc. PAR #3652 OF N2 Exemption SEC 14 3N 1W #233650 B #9033350 9057598 03N01W143652 3N 1W 14 Hardship 0 Property Zoning RT Flag _ Address 00000 W_ FRANKLIN ID D.D. – Action: Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 — F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS DM IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 9/10/98 11:46:22 Parcel 51214233652 Code Area 242_ Type Qty Value ACTIVE_ Name KIRK DOROTHY 010 110.250 143705 Bank Code Buyer SHAKOORI MIRAZIM ET AL Prepaid C/O CASTRO VALLEY BP SERVICES — Address 3519 CASTRO VALLEY BLVD v L.I.D. _ Bankrupt _ Sub.Code _ CASTRO VALLEY CA 94546 - 4401 Annexation *NO R MCDONL Notes Last Change : 92/01/31 By AS _ Desc. PAR #3652 OF N2 SEC 14 3N 1W #233650 B #9033350 9057598 03N01W143652 3N 1W 14– Hardship Total 143705 197 Exemption ................ .... ................. ®HARLANO STYLE i O SOD mm Mm �� a o 7 o* N• vo-4 r+ •`I N. s' z � R1 o ca 0 pd O ro E ib Z D O r a m IJ Oil Z 9 ons &P. v o k 14 RCi it il Ln n w o C p o r N• p p W a r -n O :. C) (D w (D ru �' o a z r o H. .r r 1 O O r i O o I i 'r 1 N I 0 T G 1 O � r O o W W W ' EP J - O n rt 0 o' (D ') t N 00 p0 r 01 © 4 O r aaz � N � aF CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 • -�' Order No -Z� � — — Name Address MDSE, RETD. PAID 11 !QUAN.!,!:SC.RIPTION =PRICE AMOUNT' OWN 1ills l ,�- �► r ,L.. ��� -, All claims and returned goods MUST be accompanied by this bill. By =MAW j PRINTED IN U.S.A. � SOYINK _ C��iQi1.jZ/ 6LU Meridian City Council December 1, 1998 Page 4 decision of denial of course and then this is followed and I have extra pages here proposed a notice of final action which would be to the applicant and anyone else who would be interested to receive of this decision so they are aware of what their rights are with regards to seeking judicial review. This I would hand to the clerk because I'm not sure this notice is appended to this particular form I noticed as it went out. If you wish I could review the Comprehensive Planning provisions that are in part 11 here, but I think as you will see and as you go through there, I believe that supports the decision that you announce that you made at the last meeting, which was deny this application. Rountree: Thank you, any other questions? Bentley: Have none. Bird: I have none. Anderson: Have none. I make a motion that we approve the Findings of Fact and Conclusions of Law in the order of the decision of denial in the matter of the application of Clayton Hartz d/b/a fashion floors and interiors at 126 King Street for an application for conditional use permit. Bentley: Second. Rountree: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law with respect to denial. We need a roll call vote on that. Is there any discussion? ROLL CALL: Bird — yea, Anderson — yea, Bentley — yea. MOTION CARRIED: All yeas. ITEM NO. 3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR WHITESTONE ESTATES NO. 3 BY WHITESTONE DEVELOPMENT COMPANY, LLC — SOUTH OF FRANKLIN RD & WEST OF LINDER RD: Rountree: Any questions, discussion on the Findings of Fact as prepared by legal counsel? Anderson: I have none. Bird: I have none. Bentley: I have none. Meridian City Council December 1, 1998 Page 5 Rountree: Okay, I'll entertain a motion. Anderson: I make a motion that we approve the Findings of Fact and Conclusions of Law in order of decision in the matter of the application of Whitestone Development for a variance and Whitestone Estates No. 3. Bird: Second. Rountree: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law for the Whitestone Development Company. Any discussion? Bentley: None. Bird: None. Rountree: Hearing none. ROLL CALL: Bird — yea, Bentley — yea, Anderson — yea. MOTION CARRIED: All yea. ITEM NO.4: FINAL PLAT FOR THOUSAND SPRINGS NO. 1 SUBDIVISION BY FARWEST LLC — NORTH OF VICTORY AND WEST OF EAGLE ROAD: Rountree: Staff do you have any comments on that item? (Inaudible) Smith: Mr. President, council members, we did receive a response from the applicants engineer and their comments are acceptable as far as our comments are concerned, their response that is. We don't have any disagreements. Rountree: Any questions of staff or the applicant? Bird: Mr. President? Rountree: One of you two. Bird: Are we talking about the conditions on the November 30th, 1998 Gary? Stiles: Yes. Bird: Okay, thank you. r Meridian City Council November 17, 1998 Page 12 Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve the final plat with the conditions as stated. Any discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 2: FINAL PLAT FOR ASHFORD GREENS NO.4 BY BRIGHTON CORPORATION — PORTION OF THE W % OF THE'/ OF SECTION 3, T.3N R. 1W: Corrie: Staff any additions or comments to this item number? Smith: I have none Mr. Mayor. Stiles: I have none. Corrie: Council any questions? Bentley: I have none. Bird: I have none. Corrie: Okay 1 will entertain a motion on item number two. Rountree: Mr. Mayor I move that approve the item number two final plat for Ashford Greens No. 4 with subject to the conditions of staff that appropriate language for a note on the plat as it relates to the maintenance and operation of the drainage ponds on the golf course be resolved and placed on the plat and that the final design and location of the drainage ponds be subject to review and approval of the operator of the Cherry Lane Golf Course. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the final plat of Ashford Greens No. 4 with the conditions as stated. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 3: PUBLIC HEARING: REQUEST FOR VARIANCE FOR WHITESTONE ESTATES NO. 3 BY WHITESTONE DEVELOPMENT COMPANY, LLC — SOUTH OF FRANKLIN ROAD AND WEST OF LINDER ROAD: s t Meridian City Council November 17, 1998 Page 13 Corrie: At this time I will open the public hearing and I will invite the staff comments first. Stiles: Mr. Mayor and Council this is for a preliminary plat that has already been approved. We're a little backwards having the variance come after the approval of the plat. When they redesigned the project to accommodate the elementary school site south of this project, they had a little problem on the frontages. The lots are large, but they do not meet the minimum 40 foot chord requirement of our ordinance. I guess I would like to hear some suggestions from the applicant. If maybe they could propose a shared driveway for those two lots or something that might work a little better with that and decrease chord length on those two lots. Corrie: Gary anything at this point? Smith: No, I have no other comments Mr. Mayor. Corrie: Since a public hearing, I'll invite the representative from Whitestone to speak first. Are they here this evening? Mr. Eddy. CHARLES EDDY WAS SWORN BY THE CITY ATTORNEY. Eddy: Mayor and City Council as Shari stated this preliminary plat was revised from the initial submittal to accommodate Ada County Highway District's request for a turn around that you see in front of you. In doing that, the lots 11 and 12 needs to be restructured to accommodate the new turn around and the new right- of-way configuration. The frontages for the two lots are less than 30 feet on the chord, however a typically driveway being 20 feet in width would fit within that 25 feet very easily. There just be a limited amount of grass at the very edge of the right-of-way. As you can see the plat, the lots v out pretty quickly and become wider so the visual effect that you would see is just the concrete drive up front with maybe a strip of grass and then as it goes back towards where the house would be placed you'd have the landscaping. Our request for the variance is due to the fact that we revised the plat to accommodate Ada County Highway District as well staffs comments. So I believe that a shared driveway would not be necessary in this particular instance. Is there any questions that you might have? Corrie: Council any questions? Rountree: What are the resulting lots sizes square footage wise? Eddy: I don't have that off the top of my head. I couldn't tell you. Meridian City Council November 17, 1998 Page 14 (Inaudible) Stiles: I don't have the sizes here, but they at least appear to be over the 8,000 minimum. Eddy: I can guarantee they are over 8,000. Rountree: I have no other questions. Corrie: Is there anyone else from the public that wants to issue testimony in favor of this variance? (End of Tape) Corrie: Is there anyone here that would like to issue testimony in rebuttal of this, not in favor? Council, questions, discussion? I need a motion to close the public hearing. Bird: Mr. Mayor I move that we close the public hearing. Anderson: Second. Corrie: Motion made and second to close the public hearing on item number three. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Any further discussion? Rountree: Question procedurally. We need Findings of Facts on a variance. Gigray: Mr. Mayor and members of the Council, point of information you should have in your packet a memo from me that just outlines Findings and the procedure relative to a variance and the Council action for consideration is at the tail end of this, and I also have a recommendation just for point of information that you might want to consider at some point an ordinance change because the permit can be granted at the P & Z level. This doesn't even go under your ordinance to P & Z. It starts here. That's a matter of your discretion as to whether or not you would want to make any moves in that direction, but we would have to do Findings of Fact and Conclusions of Law before you finalize this. Corrie: I think if I'm not mistaken Mr. Gigray, it's the first one there. After deliberations completed under your public hearing matters. Is that correct? i Meridian City Council November 17, 1998 Page 15 Gigray: Oh, yeah, and I was referring to this memo that went with item number 3. But yes, you are correct. That would be the motion. Corrie: If no further discussion I'll entertain a motion on the variance. Rountree: I have to read the new directions first. Gigray: Mr. Mayor with your permission a point of information. Just as an aid to the Council, I've just submitted a memo to you for consideration as a possible way you may want to frame motions in relation to this type of matter. I believe it would be appropriate at least in those motions when you direct the Findings that you let me know how you want those findings to go. In other words this memo here this item number three is a criteria of your ordinance for granting a variance and if you feel the presentation has met that criteria then you would simply state that it is and you would direct me to do Findings and Conclusions in accordance with a finding that a variance should be granted. If you feel it should be denied, then you'll tell me about that as well, but I'd have to do Findings for your consideration the next meeting either way. Rountree: Mr. Mayor I move that we direct that Findings of Fact and Conclusions of Law and Order be prepared in accordance with the application and that the Findings of Fact and Conclusions of Law reflect favorably upon the request for granting a variance having met and (inaudible) that does not appear to be contrary to public interest. And there were special circumstances as it related to the school on ACHD's requirements in order for the applicant to strictly adhere to the City ordinances. Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law as stated. Any further discussion? Hearing none, all those in favor of the motion? MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W. 7T" AND SOUTH OF IDAHO: Corrie: I'll open the public hearing and have staff report. Shari? Stiles: Mr. Mayor and Council this is for an existing townhouse development apartment complex at 7th and Idaho. Idaho dead ends there. They have submitted for the preliminary plat and the conditional use permit because they didn't meet all the requirements of the ordinance for the zone that it's in. It's in a MERIDIAN CITY COUNCIL MEETING: DECEMBER 1 1998 APPLICANT: WHITESTONE DEVELOPMENT COMPANY, LLC ITEM NUMBER: 3 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO.3 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: COMMENTS SEE ATTACHED MINUTES 11/17/98 NO INFORMATION SUBMITTED OTHER: Mbiterials presented at public meetings shall become property of the City of Meridian. it SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Meridian, ID 83642 Re: MV -06-98 1998 Cftv of L Meridian CNerli� Office. Whitestone Estates 93 November 24, 1998 The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 387-6170. cc: Project file ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION) OF WHITESTONE DEVELOPMENT, ) COMPANY, L.L.C. THE APPLICATION ) FOR A VARIANCE FOR WHITESTONE ) ESTATES NO. 3, SOUTH OF FRANKLIN ) ROAD AND WEST OF LINDER ROAD, ) MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION The above entitled matter coming on regularly for public hearing before the City Council on the 17" day of November, 1998, and the City Council having received the record made before the Planning and Zoning Commission on this matter and having heard the testimony presented, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. Notice of public hearing was given in accordance with the requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-419 E and Section 11-9-612 (1) (b) as evidenced in the record of this matter. WHITESTONE ESTATES NO. 3 VARIANCE - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 1 3. The Applicant is Whitestone Development Company, L.L.C. whose address is 8850 N. Gadwall, Boise, Idaho 83714, who has established proof of ownership or valid option on the real property. 4. The legal description of the property is as follows: All of Lot 4 Block 7, Whitestone Estates Subdivision No. 2 and a portion of the West half of the East half of the Northeast quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho (See Exhibit "A" attached hereto.) 5. The present land use of subject property is vacant field. 6. The proposed land use of subject property is residential. 7. The present zoning district of subject property is (R-4) Low Density Residential District. 8. That a vicinity map of the proposed development to a scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 9. It is not applicable to this application to have a schematic building plan. 10. The Applicant requests a variance of the provisions of § 11-9-605 (F) of the Municipal Code of the City of Meridian and the Zoning Schedule of Bulk and Coverage Controls § 11-2-410 A Municipal Code requiring in an R-4 zone minimum street frontage on a cul-de-sac lots of 40 feet measured as a chord measurement and 80 feet otherwise to a 30 -foot street. 11. The special circumstances or conditions affecting the property that make strict compliance with the provisions of the above referenced ordinance impracticable or unreasonable are: WHITESTONE ESTATES NO. 3 VARIANCE - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 2 11.1 This application for variance was necessitated in order to comply with Ada County Highway District's request to re -design the intersection of South Lodestone Avenue and West Pintail Drive. 11.2 The Ada County Highway District required a re -design of the "snoopy" turnaround at the intersection of South Lodestone Avenue and West Pintail Drive to a "knuckle" turnaround, similar to the "knuckle" turnaround proposed at the intersection of South Whitestone Way and West Pintail Drive. The proposed "snoopy" turnaround in the July preliminary plat submittal was to minimize the relocation of existing utilities. To accommodate the District's request, Lots 11 and 12 Block 7 lot street frontages were reduced to 30 feet. The 25 -foot wide emergency access to the school property reduces the frontage available for providing 40 -foot wide street frontages for these two lots. Lots 6 through 9 Block 7 lot lines were not adjusted due to the existing utilities service stubs to each lot. Water, sewer, power, telephone and gas lot services were constructed during the development of Whitestone Estates No. 2 Subdivision to provide services for Lots 6 through 9 Block 7. In the time period between the construction of the Whitestone Estates No. 2 Subdivision improvements and the submittal of Whitestone Estates No. 3 Subdivision preliminary plat, the Joint School District No. 2 purchased 12 acres of Whitestone Estates for a school site located south of the proposed Whitestone Estates No. 3 Subdivision. The School District owns a 25 -foot wide emergency access from the public street in Whitestone Estates No. 3 Subdivision to the school site. This emergency access will be paved, have bollards installed to control vehicular access and utilities will be constructed within this access. An eight -inch water main will be extended to the school site. The sewer will be either a six- or eight -inch pipe depending on the proposed school development. The School District is in the process of designing and developing the 12 -acre parcel. 12. That strict compliance with the City ordinance requirements on street frontage would result iri extraordinary hardship to the Applicant because of the unusual circumstances found herein in Finding No. 11. 13, That granting of the requested variance will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. WHITESTONE.ESTATES NO. 3 VARIANCE - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 3 Code. 14. The granting of the requested variance will not violate the provisions of the Idaho 15. The granting of the requested variance will not have the effect of nullifying the interest and purpose of the City's Subdivision Ordinance and/or the City's Comprehensive Plan. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-9-612 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 11-9-612B Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-9-612A Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-9-612A(b)-(e) as follows: 4.1 That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; WHITESTONE ESTATES NO. 3 VARIANCE - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 4 4.2 That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; 4.3 That such variance will not violate the provisions of the Idaho Code; and 4.4 That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. ORDER OF DECISION BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW IT IS HEREBY ORDERED AND THIS DOES ORDER that: Whitestone Development Company, L.L.C. is hereby granted a variance to Lot 11 and Lot 12, Block 7, to allow 30 -foot wide lot frontages of the proposed Whitestone Estates No. 3 Subdivision. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing lot frontage allowance 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. WHITESTONE ESTATES NO. 3 VARIANCE. - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 5 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN BIRD COUNCILMAN BENTLEY CK�ILye" "UMVW911R COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) APPROVED: 120198 —Final 12—f _�,b VOTED - tf VOTED Li VOTED_ VOTED VOTED_ DISAPPROVED:_ REGE'vED DEC - 1 1998 CITY OF MERIDIAN WHITESTONE ESTATES NO. 3 VARIANCE - FINDINGS & CONCLUSIONS & ORDER OF DECISION - PAGE - 6 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, Meridian, Idaho, at the hour of 7:30 p.m,, on November 17, 1998, for the purpose of reviewing and considering the Application of Whitestone Development Company, LLC for a Variance for land located in the W % of the E 1/2 , NE 1/a, Section 14, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, and which property is generally located south of Franklin Road and west of Linder Road. The Applicant requests a variance from minimum street frontage for Lots 11 and 12, Block 7, Whitestone Estates No. 3. 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 26th day of October, 1998. WILLIAM G. BERG, JR., ITY LERK PUBLISH October 28th and November 1 lth, 1998. FIN 3 ** TX CONFIRMATIu,. REPORT ** DATE TIME TO/FROM 10/27 15:15 208 888 1097 AS OF OCT 27 '9G -5:15 PAGE . 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 246 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, Meridian, Idaho, at the hour of 7:30 p.m., on November 17, 1998, for the purpose of reviewing and considering the Application of Whitestone Development Company, LLC for a Variance for land located in the W'/z of the E'/z , NE V4, Section 14, T.3N., R.I W., B.M., Meridian, Ada County, Idaho, and which property is generally located south of Franklin Road and west of Linder Road. The Applicant requests a variance from minimum street frontage for Lots 11 and 12, Block 7, Whitestone Estates No. 3. 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 26th day of October, 1998. r WILLIAM G. BERG, JR, 6TYkLERK PUBLISH October 28'' and November 11th, 1998. i I 1295 S. Eagle Fli_ht Way Boise, ID 33709 (208) 373-6357 Fax (208) 373-0025 PROJECT: 527380 DATE: July 16, 1998 WHITESTONE ESTATES SUBDIVISION NO. 3 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION NO. 3 ALL OF LOT 4 BLOCK 7, WHITESTONE ESTATES SUBDIVISION NO, 2 AND A PORTION OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A parcel of land being all of Lot 4, Block 7, Whitestone Estates Subdivision No. 2, and a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly as follows: Beginning at an iron pin marking the Northeast corner of said Northeast Quarter of Section 14, thence along the easterly boundary of said Northeast Quarter of Section 14, said easterly boundary also being the centerline of South Linder Road, South 00033'08" West 1491.59 feet to a point; thence leaving said easterly boundary and centerline, North 89113'17" West 664.72 to a 2" galvanized iron pipe marking a point on the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222, and marking the easterly boundary of Whitestone Estates Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7742 and 7743; thence along said westerly and easterly boundaries, South 00°33'43" West 161.61 feet to an iron pin, said iron pin being THE REAL POINT OF BEGINNING; thence continuing along said westerly and easterly boundaries, South 00°33'43" West 168.83 feet to a point on the northerly right-of-way of the Kennedy Lateral; thence leaving said westerly and easterly boundaries and along said northerly right-of-way the following courses and distances; thence North 89°26'17" West 129.79 feet to a point; thence South 74022'13" West 400.90 feet to a point; thence North 84024'50" West 50.20 feet to a point; thence North 89125'42" West 100.00 feet to a point; thence leaving said northerly right-of-way, North 00'34'18" East 80.00 feet to an iron pin marking the Southwest corner of Lot 7, Block 5, of said Whitestone Estates Subdivision No. 2; thence along the southerly boundary of said Whitestone Estates Subdivision No. 2 the following courses and distances; thence South 89025'42" East 150.00 feet to an iron pin; Pacific Land Surveyors, a division of POWER Eneineers, Inc., an Idaho Corporation � x l� • to 4 &A' thence North 00034'18" East 36.11 feet to an iron pin marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet, tangents of 20.00 feet and a long chord of 28.28 feet bearing North 45034,18" East to an iron pin marking a point of tangent; thence South 89025'42" East 73.52 feet to an iron pin marking a point of curve thence along a curve to the left 133.90 feet, said curve having a central angle of 22'14'17", a radius of 345.00 feet, tangents of 67.81 feet and a long chord of 133.07 feet bearing North 79'27'10" East to an iron pin marking a point of tangent; thence North 68°20'01" East 99.89 feet to a point marking a point of curve; thence leaving said southerly boundary and along a curve to the right 15.74 feet, said curve having a central angle of 45°05'46", a radius of 20.00 feet, tangents of 8.30 feet and a long chord of 15.34 feet bearing South 89007'06" East to a point marking a point of reverse curve; thence along a curve to the left 121.43 feet, said curve having a central angle of 135°05'46", a radius of 51.50 feet, tangents of 124.63 feet and a long chord of 95.19 feet bearing North 45052'54" East to an iron pin; thence North 85040'01" East 115.61 feet to the point of beginning. EXCEPTION: A parcel of land being a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly as follows: Beginning at the afore described iron pin marking the Southwest comer of Lot 7, Block 5, of said Whitestone Estates Subdivsion No. 2; thence along the southerly boundary of said Whitestone Estates Subdivision No. 2, South 89025142" East 125.00 feet to an iron pin, said iron pin being THE REAL POINT OF BEGINNING; thence continuing along said southerly boundary South 89025'42" East 25.00 feet to an iron pin; thence leaving said southerly boundary South 00034'18"' West 84.39 feet to a point on the northerly right-of-way of the Kennedy lateral; thence along said northerly right-of-way North 84024'50" West 25.10 feet to a point; thence leaving said northerly right-of-way North 00034' 18" East 82.20 feet to the point of beginning. Said parcel contains 1.66 acres more or less, excluding the above described exception. L:,VA1*bW "A' 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 DGP:beb Don G, Payne, P.L.S. Meridian City Count,.. November 17, 1998 Page 13 that the final design and location of the drainage ponds be subject to review and approval of the operator of the Cherry Lane Golf Course. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the final plat of Ashford Greens No. 4 with the conditions as stated. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 3: PUBLIC HEARING: REQUEST FOR VARIANCE FOR WHITESTONE ESTATES NO. 3 BY WHITESTONE DEVELOPMENT COMPANY, LLC — SOUTH OF FRANKLIN ROAD AND WEST OF LINDER ROAD: Corrie: At this time I will open the public hearing and I will invite the staff comments first. Stiles: Mr. Mayor and Council this is for a preliminary plat that has already been approved. We're a little backwards having the variance come after the approval of the plat. When they redesigned the project to accommodate the elementary school site south of this project, they had a little problem on the frontages. The lots are large, but they do not meet the minimum 40 foot chord requirement of our ordinance. I guess I would like to hear some suggestions from the applicant. If maybe they could propose a shared driveway for those two lots or something that might work a little better with that and decrease chord length on those two lots. Corrie: Gary anything at this point? Smith: No, I have no other comments Mr. Mayor. Corrie: Since a public hearing, I'll invite the representative from Whitestone to speak first. Are they here this evening? Mr. Eddy. CHARLES EDDY WAS SWORN BY THE CITY ATTORNEY. Eddy: Mayor and City Council as Shari stated this preliminary plat was revised from the initial submittal to accommodate Ada County Highway District's request for a turn around that you see in front of you. In doing that, the lots 11 and 12 needs to be restructured to accommodate the new turn around and the new right- of-way configuration. The frontages for the two lots are less than 30 feet on the chord, however a typically driveway being 20 feet in width would fit within that 25 feet very easily. There just be a limited amount of grass at the very edge of the Meridian City Count... November 17, 1998 Page 14 right-of-way. As you can see the plat, the lots v out pretty quickly and become wider so the visual effect that you would see is just the concrete drive up front with maybe a strip of grass and then as it goes back towards where the house would be placed you'd have the landscaping. Our request for the variance is due to the fact that we revised the plat to accommodate Ada County Highway District as well staffs comments. So I believe that a shared driveway would not be necessary in this particular instance. Is there any questions that you might have? Corrie: Council any questions? Rountree: What are the resulting lots sizes square footage wise? Eddy: I don't have that off the top of my head. I couldn't tell you. (Inaudible) Stiles: I don't have the sizes here, but they at least appear to be over the 8,000 minimum. Eddy: I can guarantee they are over 8,000. Rountree: I have no other questions. Corrie: Is there anyone else from the public that wants to issue testimony in favor of this variance? (End of Tape) Corrie: Is there anyone here that would like to issue testimony in rebuttal of this, not in favor? Council, questions, discussion? I need a motion to close the public hearing. Bird: Mr. Mayor I move that we close the public hearing. Anderson: Second. Corrie: Motion made and second to close the public hearing on item number three. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Any further discussion? Rountree: Question procedurally. We need Findings of Facts on a variance. Meridian City CounL November 17, 1998 Page 15 Gigray: Mr. Mayor and members of the Council, point of information you should have in your packet a memo from me that just outlines Findings and the procedure relative to a variance and the Council action for consideration is at the tail end of this, and I also have a recommendation just for point of information that you might want to consider at some point an ordinance change because the permit can be granted at the P & Z level. This doesn't even go under your ordinance to P & Z. It starts here. That's a matter of your discretion as to whether or not you would want to make any moves in that direction, but we would have to do Findings of Fact and Conclusions of Law before you finalize this. Corrie: I think if I'm not mistaken Mr. Gigray, it's the first one there. After deliberations completed under your public hearing matters. Is that correct? Gigray: Oh, yeah, and I was referring to this memo that went with item number 3. But yes, you are correct. That would be the motion. Corrie: If no further discussion I'll entertain a motion on the variance. Rountree: I have to read the new directions first. Gigray: Mr. Mayor with your permission a point of information. Just as an aid to the Council, I've just submitted a memo to you for consideration as a possible way you may want tb frame motions in relation to this type of matter. I believe it would be appropriate at least in those motions when you direct the Findings that you let me know how you want those findings to go. In other words this memo here this item number three is a criteria of your ordinance for granting a variance and if you feel the presentation has met that criteria then you would simply state that it is and you would direct me to do Findings *and Conclusions in accordance with a finding that a variance should be granted. If you feel it should be denied, then you'll tell me about that as well, but I'd have to do Findings for your consideration the next meeting either way. Rountree: Mr. Mayor I move that we direct that Findings of Fact and Conclusions of Law and Order be prepared in accordance with the application and that the Findings of Fact and Conclusions of Law reflect favorably upon the request for granting a variance having met and (inaudible) that does not appear to be contrary to public interest. And there were special circumstances as it related to the school on ACHD's requirements in order for the applicant to strictly adhere to the City ordinances. Bird: Second. Meridian City Coun November 17, 1998 Page 16 Corrie: Motion is made by Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law as stated. Any further discussion? Hearing none, all those in favor of the motion? MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W 7TH AND SOUTH OF IDAHO: Corrie: I'll open the public hearing and have staff report. Shari? Stiles: Mr. Mayor and Council this is for an existing townhouse development apartment complex at 7th and Idaho. Idaho dead ends there. They have submitted for the preliminary plat and the conditional use permit because they didn't meet all the requirements of the ordinance for the zone that it's in. It's in a R-15 zone. I think it provides a good opportunity for home ownership for people that may not otherwise be able to afford it, and staff has no problems with the request and would recommend approval. Corrie: This is a public hearing request. Would the developer like to issue testimony in this item? BOB UNGER WAS SWORN BY THE CITY ATTORNEY. Unger: Mr. Mayor and Council, my name is Bob Unger. I'm with Pinnacle Engineers and we represent the applicant on this.. Our address is 870 N. Linder Road, Suite B, Meridian, Idaho. As staff reviewed, what we're proposing is to take two existing four plexes and convert them into townhouses which would be 8 living units. Included with that there are each unit has an individual carport and that would also one individual carport would be tied to each one of the individual townhouse units. We are requesting zero lot lines since it is already — the structures are already built. The area that I have in gray over there, that's our concrete patios and driveway parking area and sidewalks. The area in green is landscape areas and grassy areas for recreational use within the development itself. That would be lot 9 is actually the dedicated open space. We have provided covenants for the use and maintenance of the open spaces. And I believe a copy of that was provided in your materials. We are also as required ACHD providing a cross access agreement for the use of the driveway and parking area. The property in the area or surrounding this is all zoned R-15 and it's made up of duplexes and four plexes similar to what we have currently on the site. Each unit will be provided with individual utilities which include sewer and water. In fact those were specific requirements by your staff and public works department. We feel that since this is an existing facility that there should be no adverse impact on the surrounding, the streets or the services. In fact we feel MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17,199 APPLICANT: WHITESTONE DEVELOPMENT COMPANY ITEM NUMBER: 3 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO.3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 11-13 i� Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 PLANNING AND ZONING KEITH BIRD DEPARTMENT NOV 0 4 1998 (208) 884-5533 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 10 1998 TRANSMITTAL DATE: October 28, 1998 HEARING DATE: November 17, 199_8 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO. 3, BY: WHITESTONE DEVELOPMENT COMPANY, LLC LOCATION OF PROPERTY OR PROJECT: South of Franklin Rd. & West of Linder Rd TAMMY DE WEERD 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 4813 j-'; L NNING AND ZONING KEITH BIRD f' DEPARTMENT OCT 3 0 1998 (208) 884-5533 JUDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ,f T -6 -insure that your comments land recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 10, 1998 TRANSMITTAL DATE: October 28, 1998 HEARING DATE: November 17, 1998 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO.3 BY: WHITESTONE DEVELOPMENT COMPANY. LLC LOCATION OF PROPERTY OR PROJECT: South of Franklin Rd. & West of Linder Rd TAMMY DE WEERD 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 �i FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) PLANNING AND ZONING KEITH BIRD DEPARTMENT 1998 (208)884-5533 m r+r111DUJ, 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 10, 1998 TRANSMITTAL DATE: October 28, 1998 HEARING DATE: November 17, 1998 REQUEST: VARIANCE FOR WHITESTONE ESTATES NO. 3 BY: WHITESTONE DEVELOPMENT COMPANY, LLC LOCATION OF PROPERTY OR PROJECT: South of Franklin Rd. & West of Linder Rd. TAMMY DE WEERD 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 TF'POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 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) IDAHO TRANSPORff EPARTMENT ADA COUNTY (ANNYOUR CONCISE REMARKS: "�W RECE rvED 1998 CITY OF N 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 itv Clerk SHOP: Nampa 466-0663 RE Variance for Whitestone Estates No. 3 - Whitestone Development Co. LLC Dear Commissioners:' The Nampa & Meridian Irrigation District has no comment on the variance for the above referenced application. The relocation of the Kennedy Lateral and any encroachments have not been approved as of 03 November 1998. Sincerely, Bill Henson Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent To: Mayor and City Council cc. Shari Stiles NOV 17 1998 Gary Smith CITY OF ' ' 1D I ON Re: Agenda Item No. 3 City Council 'g 1 - -98 From: Bill Gigray, City Attorney Variance request governed under § 1 Iml City Code This matter comes as public hearing upon application for a variance from the terms of ordinance. Proposes 30' street frontage for lots 11 & 12 of Block 7. Requires a public hearing before city council: Ordinance criteria for granting variance: 1. Must not be contrary to the public interest. 2. That there are special conditions, where a literal enforcement of the provisions of the ordinance would result in unnecessary hardship. 3. An application is complete and in accordance with the provisions of § 11-2-419 B Municipal Code. 4. May not be granted unless the Council can make a statement of supportive reasons based upon evidence produced at hearing that meets the standards of the ordinance. 5. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of the ordinance would clearly be impracticable or unreasonable. 6. That strict compliance with the requirements of the ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of the ordinance will result in inhibiting the achievements or the objectives of the ordinance. Council Action: Consider directing the matter to the Planning and Zoning Commission [see § 2-419 B] ,or Decide the matter and direct that findings of fact and conclusions of law and order be prepared in accordance with the announced decision. Legislative recommendation City Attorney Re: Agenda Item No. 3 This item points out the need to consider amending § 11-2-419 to provide that variances be presented and decided at the Planning and Zoning Commission level. A variance could be an essential aspect of a development proposal or plan and should be reviewed at that level. Because it is a permit and does not require the passage of an ordinance the Planning and Zoning Commission could approve if the Council changes the ordinance.