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Home My WebLink About1992 10-20 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<81 BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF HAXCO, INC. FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 20, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 20, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 20, 1992, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<81 street that ends in a cul-de-sac or dead end shall be no longer than four hundred fifty feet. 4. That the Applicant has requested that he be granted a variance from the above cul-de-sac requirement and be allowed to exceed the maximum length of cul-de-sacs on Ono Court Street in ustick Meadows Subdivision. 5 . The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the property is zoned R-4 Residential. 7 . That the Applicant states that the special conditions and circumstances which are peculiar to the land involved and which are not applicable to other lands in the same district is "The configuration of the property is narrow and long and presents a unique situation when designing a subdivision layout with curilinear streets and lots that are located on a non-continuous street." 8. In answer to the question in the Application form, "Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, in the same district?" the Applicant states as follows: "This particular variance request has been granted in the past and can be mitigated by installing a fire hydrant at the end of the cul-de-sac." 9. That the Applicant owns the property. 10. That no people appeared at the hearing objecting to the variance application, that the Meridian Fire Department objected FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 to the length of the cul-de-sac. 11. That the City Engineer, Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department comments, if any, are incorporated herein. CONCLUSIONS 1. That 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 Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888--<<61 The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. 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; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7 . That there does appear to be a specific benefit or FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<61 profit, economic gain or convenience to the Applicant in that the street to be constructed was not in existence at the time that he purchased the property and the design of the subdivision was totally within the control of the Applicant; that the failure to meet the cul-de-sac maximum length was self-inflicted; that it would not be in the best interest of the City to grant the variance. 8. That regarding Section 11-9-612 A. 2. it 1S specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the cul-de-sac street Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the cul-de-sac street Ordinance would not resul t in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of a variance would be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would have the effect of altering the interests and purposes of the cul-de-sac Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be denied. 10. That the Applicant I s engineer stated that it may be possible to shorten the cul-de-sac to meet the maximum length and such would be preferable. 11. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 AMBROSE. FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<81 each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application should not be denied as to the cul-de-sac on Ono Court Street. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83M2 Telephone 888-<<81 each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application should be denied as to the cul-de-sac on One Court Street. DISAPPROVED: APPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 AGE N D A MERIDIAN CITY COUNCIL OCTOBER 20, 1992 ITEM: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 6, 1992: (APPROVED) 1: PUBLIC HEARING: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION, W/VARIANCE ON CULDESAC LENGTH: (FINDINGS TO BE PREPARED) 2: FINAL PLAT, PHASE I OF APPLEGATE SUBDIVISION: (APPRO~) 3~ COVENANTS ON APPLEGATE SUBDIVISION: (APPRO~) 4: ORDINANCE # 588: ORDINANCE ANNEXING & ZONING HARMON PROPERTY ON TEN MILE ROAD: PARKWOOD MEADOWS__."SUBDIVISI.pN: FORMERLY FIELDSTREAM: (APPROVED) 5: FINDINGS OF FACT ON VARIANCE OF CULDESAC LENGTH FOR PARWOOD MEADOWS SUBDIVISION: PRELIMINARY PLAT NEEDS APPROVED IF VARIANCE APPROVED: (VARIANCE - DENIED) (PRELIM. PLAT - TABLED) 6: FINAL PLAT PHASE # I: PARKWOOD MEADOWS SUBDIVISION:(TABLED) 7: ORDINANCE # 589: ORDINANCE ANNEXING & ZONING BUCHANAN PROPERTY, STRATE SUBDIVISION: (APPROVED) 8: APPROVE PRELIMINARY PLAT ON STRATE SUBDIVISION: (APPROVED) ~: ORDINANCE # 590: ORDINANCE REZONING LOT 1, BLOCK 1, WHITETAIL SUBDIVISION FROM R-4 TO LO:(APPRO~) 10: LARRY SALES: ADA COUNTY HIGHWAY DISTRICT: (BRIEF PRESENTATION GIVEN) 11: REQUEST FROM TREASURE VALLEY BAPTIST CHURCH TO CONNECT TO CITY SEWER: (APPRO~) 12: RESOLUTION # 149: RESOLUTION AMENDING CONTRIBUTION TO WELL FUND IN LIEU OF PRESSURIZED IRRIGATION AS PER ENR, 9/28/92: (APPRO~) 13: COVENANTS ON PARKSIDE CREEK SUBDIVISION: (APPRO~) 14: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL OCTO~ER 20~ 1992 The regular meeting of the Meridian City Council order by Mayor Grant P_ Kingsford at 7:30 P.M.: was called to Members Present: Yerrington: Ron Tolsma~ Bob Giesler, Bob Corrie, Ma~ Others Present: Ray Wilder, Charles Fuentes, Marla Fuentes, Frank Thomason, Bill Hammons, Gary Smith, Jim Johnson, Bill Musser, Wayne Crookston, Keith Loveless, Jim Merkle, Dan Torfin~ Walt Morrow, Larry Sales, Terry Little: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 6, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held October 6, 1992 as written: Motion Carried: All yea: ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION; W/VARIANCE ON CULDESAC LENGTH: Kingsford: I will now open the representative to speak first. public hearing and invite a Jim Merkle, attorney. 2150 N. Canter Place, Eagle, was sworn by the Merkle: Ustick Meadows Subdivision is a 238 lot single family development on approximately 73 acres on Ustick Road. The primary access for the proposed subdivision will be through Ustick Road with two accesses coming up from Chateau Drive from the south. All the streets in the subdivision will be public and built to ACHD Specifications. ACHD has required and request that Leann Street, which is the main one that came through here, originally we had it shown to continue all the way through, what they requested we do is to separate it so we don't have this through pattern from Ustick down into the existing Sunnybroak Farms Subdivision. The culdesac is approximately 480 feet long and a variance is being requested to allow the culdesac to exceed the maximum allowable length. E~plained utilities available for this project. Any additional drainage from the subdivision will be retained on site and the pre-development flow will be deposited into Nine Mile Creek. We are working with Nampa Meridian on getting all their requirements on that issue. One other issue is the access to an e~isting parcel. Passed out a letter to Council Members regarding this issue. What the developer is proposing is to provide this particular property owner with access through one MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 2 of these lots shown in this area (explained on map). Will not landlock him. We have come up with a one acre park that the homeowners would maintain and own and use as they wish. Another issue was the letters from Settlers Irrigation District requiring that the subdivision utilize existing irrigation provided by Settlers to each of the lots~ The developer is going to try to satisfy the Settlers requirements, however he'd like the latitude that if a feasible solution that is compatible with the surrounding farmers so they can still get their water, there seems to some problem with the rotation. If a solution cannot be satisfied with Settlers, we'd like the latitude to deposit money into the well development fund into the City. Kingsford: How do you propose to access those lots when you dead end LeAnn Way there's no way to access? Well I guess it does. Giesler: The developer would completely? go ahead and put the park in Merkle: Yes. I'm not sure which phase it will be done it. Corrie: How many onto Chateau with traffic study done? homes do you think are going to be dumped out those two e~its there? Has there been any Merkle: Yes ACHD has required us to which I believe we've submitted to them. dump on to Chateau. prepare a traffic study, Basically 80 to g0 lots Corrie: Is there any possibility of having accesses into the Candlelight Subdivision? We seem to have quite a quantity of homes coming in but I don't see where we're having the quality of planning a subdivision. (Explained) Is there any possibility that you could have some of these streets connecting to these other subdivisions? I really feel we need a plan that we need to have continuity between these subdivisions. Merkle: At this particular site we have a natural barrier, the Nine Mile Creek which is 30 or 40' wide and about ten feet deep which creates a barrier. (e~plained further) Kingsford: response. Is there anyone else who wishes I will close the public hearing. to testify? No Giesler: I have another question of the developer, you said the culdesac length was approximately 480 feet. ( MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 3 Merkle: Yes. Giesler: We're getting a lot going over our requirement on designed so we don't have to comes in front of us_ of subdivisions that. Why can't see this in every that seem to be these things be other plat that Merkle: Explained loss of frontage. Gave explanation (see tape) Tolsma: This letter you got from the attorney. Does this mean that your going to put the access in for Mr. Fuentes and then when that access is put in then his access road he has now will be closed. Merkle: Yes that existing road will be closed. Yerrington; Have you seen the City Engineer's comments? Merkle: Yes and we are complying with those. The Motion was made by Corrie and seconded by Tolsma to have the attorney prepare the Findings of Fact and Conclusions of law for this request. Motion Carried: All Yea. ITEM #2: FINAL PLAT, PHASE I OF APPLEGATE SUBDIVISION: Keith Loveless from Loveless Engineering here to answer any questions you may have. Giesler: resolved. Questioned if problem with Idaho Power had been Loveless: We are trying to resolve it but have not been able to reach that person at Idaho Power yet. Our plans are to get the irrigation done before the irrigation season starts in any mann er.. Tolsma: Gary, did they get the water and sewer line straightened out between Pine and the other culdesac? Eng. Smith: Yes. MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 4 The Motion was made by Tolsma and seconded by Yerrington to approve Phase I of Applegate Subdivision: Motion Carried: All Yea: ITEM #3: COVENANTS ON APPLEGATE SUBDIVISION: The Motion was made by Yerrington and seconded by approve the covenants conditioned upon meeting Engineer's comments and review by City Attorney. Giesler to the City Motion Carried: All Yea: ITEM #4: ORDINANCE #588: ORDINANCE ANNEXING & ZONING HARMON PROPERTY ON TEN MILE ROAD: PARKWOOD MEADOWS SUBDIVISION: FORMERLY FIELDSTREAM: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #588 read in its entirety? No response. The Motion was made by Giesler and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #588 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: FINDINGS OF FACT ON VARIANCE OF CULDESAC LENGTH FOR PARKWOOD MEADOWS SUBDIVISION: PRELIMINARY PLAT NEEDS APPROVED IF VARIANCE APPROVED: The Motion was made by Giesler and seconded by Corrie to approve the Findings of Fact and Conclusions of Law as written. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: MERIDIAN CITY COUNCIL OCTOBER 20, 19q2 PAGE 5 The Motion was made by Giesler and seconded by Corrie that the varlance for culdesac length on Mirage Court be denied~ Roll Call Vote: Yeyrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: Tolsma: Being on the Fire Department about 15 years, it lS a hazardous condition to have a culdesac go in there and make a u- tllrn. Actually the culdesac really starts from before you enter off of Ten Mile Road because there's only one entrance and exit in this subdivision. It's actually about a half a mile culdesac is what it amounts to rather than just a 500 foot culdesac. ITEM #&: FINAL PLAT PHASE #1: PARKWOOD MEADOWS SUBDIVISION: The Motlon was made by table final plat phase 1 Subdivision. Giesler and seconded by Yerrington to and prelimina~y plat for the Parkwood Motion Carried: All Yea: ITEM #7: PROPERTY, ORDINANCE #589: ORDINANCE ANNEXING & STRATE SUBDIVISION: ZONING BUCHANAN Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 NW 1/4 NE 1/4 BE 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE~ Is there anyone present who wishes Ordinance #589 read in its entirety? No response. The Motion was made by Corrie and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #589 be passed and approved. Roll Call Vote: Tolsma - Yea; Yerrington - Yea; Giesler - Yea; Corrie - Yea; Motion Carried: All Yea: ITEM #8: APPROVE PRELIMINARY PLAT ON STRATE SUBDIVISION: The Motion was made by Giesler and seconded by Yerrington to approve the preliminary plat on Strate Subdivision: Motion Carried: All Yea: MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 6 ITEM #9: ORDINANCE #590: ORDINANCE REZONING LOT 1, WHITETAIL SUBDIVISION FROM R-4 TO LO: BLOCK 1, Kingsford: rAN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 1, BLOCK 1, WHITETAIL SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes to have Ordinance #590 read in its entirety? No responseM The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #590 be passed and approved~ Roll Call Vote: Tolsma - Yea; Yerrington - Yea; Giesler - Yea; Corrie - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to approve the conditional use permit for Linda Paddock for the Inch Worm Day Care. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #10: LARRY SALES: ADA COUNTY HIGHWAY DISTRICT: Larry Sales, with Ada County Highway District, also in attendance is Terry Little, Manager of Traffic Engineering Services for the District. My purpose here tonight is to start a circuit rider approach is what I call it, opening up more avenues of communication between the City, County and the Highway DistrictM Gave brief description of his job duties (see tape) Gave figures on Impact Fee's collected to date. I'd like to answer any questions you may have* Kingsford: I appreciate that and I think that communication is an excellent tool. Will the highway district consider re- examining that additional fee that the developer out here pays over what a person in Boise does. I really think that your model is an excellent model for Texas but I don't think it applies as well to Ada County as it might be. MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 7 I think a couple of things could be reconsidered, one is you look at the City of Boise and you go out basically in zones, I think that a very good case could be made for Meridian being very near highway district travel neutral, as many people come over here as go into Boise. Another possibility might be to look at drawing zones around Meridian, the further you go out the more those would be for Meridian. I think we're being, for the lack of a better word, had a little bit in terms of the industrial and commercial development. I'd like very much if the Commissioner's would re-examine that ordinance. Sales: The Ordinance itself calls for re-examination of the formula on an annual basis beginning prior to December 31, 1993. We're still testing all of those so I don't know when we will start that first revision, but yes we look at the formula. There's another thing in your favor also, the primary connection between Meridian and the other town over there are Federal and State Highways which do ente~ into the calculation. The calculation tries to calculate the amount of traffic that uses county roads as opposed to State and Federal Highways. Kingsford: That's a very valid point. Crookston: I have a question for my own information. Something came up about not having enough stub roads and access into other subdivisions. Just as a point of interest, does ACHD look out for that? Sa 1 e s : I t h ink it's a 11 probably lOOKing out for (Explained) our responsibilities and yes we it more than we have in the are past. ITEM #11: REQUEST FROM TREASURE VALLEY BAPTIST CHURCH TO CONNECT TO CITY SEWER: Kingsford: On what basis are they going to pay? Eng. Smith: They have their own water source. We would just have to work out a flat rate payment for the monthly sewer charge based on the number of equivalent connections that we determine to fit their building. (Discussion) MERIDIAN CITY COUNCIL OCTOBER 20, 1~92 PAGE B The Motion was made by Yerrington and seconded by Giesler to approve of Treasure Valley Baptist Church hooking to City Sewer conditioned upon a settlement with the City Engineer. Motion Carried: All Yea: ITEM #12: RESOLUTION #149: RESOLUTION AMENDING CONTRIBUTION TO WELL FUND IN LIEU OF PRESSURIZED IRRIGATION AS PER ENR 9/28/92: Kingsford: A RESOLUTION OF THE CITY THE CITY COUNCIL OF THE CITY OF MERIDIAN ADJUSTING, FOR THE CONSTRUCTION COST INDEX, THE CONSUMER PRICE INDEX, THE PREVAILING LAND PRICES FOR A WELL SITE, AND OTHER ADJUSTMENTS, THE AMOUNT OF FUNDS THAT ARE REQUIRED TO BE DEPOSITED WITH THE CITY TO ENABLE A DEVELOPER TO OBTAIN A WAIVER OF THE REQUIREMENT THAT A SUBDIVIDER PROVIDE, BY UNDERGROUND CONDUIT, PRESSURIZED IRRIGATION WATER TO EACH AND EVERY LOT WITHIN THE SUBDIVISION THAT THE SUBDIVIDER IS SUBDIVIDING; AND PROVIDING AN EFFECTIVE DATE. The Motion was made by Yerrington and seconded by Giesler to approve Resolution #149. Motion Carried: All Yea: ITEM #13: COVENANTS ON PARKSIDE CREEK SUBDIVISION: Kingsford: Counselor have you reviewed these? Crookston: I have, I think they are fine. Just as a comment, by no means a requirement but under their limitation on parking of trailers, boats campers and other vehicles on page 7.. If they want to limit it I think it needs to be specifically noted so that people are aware that that is included.. The Motion was made by Giesler and seconded by Corrie to approve the covenants on Parkside Creek Subdivision and bring to their attention the recommendation by the City Attorney on Page 7, Item o 'r^egarding the R. V. vehicles. Motion Carried: All Yea: The developer would like to remove his request for a variance we we could be allowed to take a portion of the subdivision and just shift it down, which would reduce the length of the culdesac. ( MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 9 Crookston: It would be inappropriate to take action at this time since it's not an agenda item. Tolsma: Explained concerns about only having one access point. Discussion (See tape) ITEM #14: DEPARTMENT REPORTS: Eng. Smith: We have had some crying going on out in the northwest end of town between Golfview Estates Subdivision and Parkside CreeK concerning a lift station. As of this morning they still haven't reached an agreement as to who is paying for whatw The Golfview Estates people sent me a letter today by fax stating that they are going to proceed with installation of a lift station as it was designed originally to handle only Golfview Estates and Cherry Lane Village~ It's my feeling they should not be allowed to do that. I think that it would be very short sided of us to allow them to do that construction and then have to have Parkside Creek come back in and redo it to service their subdivision. If you want me to do otherwise I will certainly follow your request but at this time it's my opinion to not allow Golfview to construct that lift station as originally designed for their subdivision. The Motion was made by Giesler and seconded by Tolsma to with the lift station that services both areas. stay Motion Carried: All Yea: CrooKston: In preparation of the budget I did not ask for an increase in fees. I did ask for an increase in the retainer which the City pays to me from $1,000.00 to $2,000.00. I tried to offset that increase by not asking an increase in the hourly rate trying to equate the additional cost to the City that the increase the retainer means in the form of social security and public employees retirement. The Motion was approve of the retainer fees. made by rate of Giesler and seconded by Yerrington to increase from $1000.00 to $2000.00 for Motion Carried: All Yea: MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 10 Yerrington: A week ago last Thursday there was about 35 of us to tour the Kennewick Irrigation District's pressurized irrigation. They presently over a twelve year period have about 5,000 lots on pressurized irrigation. It's costing each lot approximately $800.00 to get this service to their lots through an LID. It is costing the homeowner approximately $50~00 per year for delivery of water through this system. Nampa Meridian is really in favor of this deal and I'd like to get together with Nampa Meridian and have them present it to see how much further they've gone along with it maybe at a regular meeting or a special meeting. Kingsford: I want to thank Max for attending that. Giesler: The four way stop at Franklin Road and Linder was put approximately two weeks ago. I would like to say that I was #21 in line at 5:30 and it took about two minutes to get through the intersection and the new subdivision isn't in yet. Yerrington: Asked about having a bigger sign placed at Meridian and Pine for the four way stop. Corrie: I would invite each one of the Council on Chateau~ those two streets come in on there to be a mess. members to check and that's going Kingsford: Our next regular meeting will November 4th because of the election. be on Wednesday, Giesler: Since we don't have another Council meeting before election should we get a consensus of the Council as to how we feel about the 1~? The Motion was made by Yerrington and seconded by Tolsma that the Council unanimously oppose the 1~. Motion Carried: All Yea: The Motion was made adjourn at 8:58 P.~.: by Corrie and seconded by Yerrington to Motion Carried: All Yea: (TAPE ON FILE) MERIDIAN CITY COUNCIL OCTOBER 20, 19S2 PAGE 11 ATTEST: APPROVED: AMBROSE, FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888--<<81 ~ ~..~ 4-0 'L~O ORDINANCE NO.~~() AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 1, BLOCK 1, WHITETAIL SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci ty Council and the M'ayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 Residential to LO Limited Office, for the following d~scribed parcel: Lot 1, Block 1, Whitetail Subdivision, Meridian, Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: Lot 1, Block 1, Whitetail Subdivision, Meridian, Ada County, Idaho. be, and the same is rezoned from R-4 Residential to LO Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the property shall be subject to being rezoned back to R-4 Residential if the property does not meet the Sewer and Water Ordinance; the fire, life safety, and uniform building codes, all of the Ordinances of the City of Meridian, or if all parking and driveway areas are not paved; specifically the property shall mee~ ~he fence ordinances of the City of Meridian. Section 3. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force 9-nd effect from and after its passage and AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, thi~~ day Ofttle !oh~ , 1992. " /,.<,-tb '01:- I" _ 'R j t._ i".~. ; SSe County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 1, BLOCK 1, WHITETAIL SUBDIVISION, MERIDIAN, ADA COUNTY, IDA~4 AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 0, by the c~cpuncil and Mayor of the City of Meridian, on the;lo r'\ day of 'C tub e~ , 1992, as the same appears in my office. DATED this~t~l-- day of tO~!-o6'~ , 1992. STATE OF IDAHO,) SSe County of Ada, ) · ?Ii~ 0 L:.P On th1S ~ day of c.,0-8U'-- , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above , .1 AMBROSE, FITZGERALD & CROOKSTON A ttorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<81 written. SEAL ","lr:D'~#1 - ",\ FREe '1'4 ,,~ 'b '~ ,'~ -':<<t"G04t~ rl ( L' " ....' (" .v J!JfO- o. ,,-' # .... _........."'-J .1), 0- _\.;\: ~ .... '-J e- 0 .. ~O:::I...,olAI?J. ~: :: co G ,~ :: - B . _ :: ';0 ,.. _ .......: ~* ~ US\..\U 11'f'~ -" CD$ _rP:- -::. ,J"b, ~ fi!J'..'A~ " ....~... t/'~;,tJ ~08se ~,~ .....' ;"'--V~f ^F \'Or,,' "1 u \~\ JI11'"UI"t. ~272~7' 1~~",e?UWf~; t.~.tQR ~ ~ ~ tiJ\~h~:E~AVAN~~ ~ . q, Dl) .92 01:1 23 fiIIJ I, a '''<, . '\ AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83842 Telephone 888-.4461 S+rol.o ~. ORDINANCE NO. 5"6~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 NW 1/4 NE 1/4 SE 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is more particularly described as follows: Beginning at a brass cap marking the East Quarter Corner of said Section 6 and the centerline of Locust Grove Road, thence S. 00010'20" East along the East line of said Section 6 and the center of North Locust Grove Road 647.76 feet to a 5/8" rebar, thence South 89020 I 00" West along the northerly right of way of Chateau Drive 661.29 feet to a 5/8" rebar marking the Southwest Corn~r of Gem Park Subdivision and the REAL POINT OF BEGINNING; thence North 86008'13" West along the northerly right of way of Chateau Drive 156.85 feet to a point; thence South 89020'00" West along said right of way 173.04 feet to a point; thence North 00009'59" West to an aluminum cap on the east- west quarter line of said Section 6 a distance of 630.30 feet; thence North 89003 158" East along said east-west quarter line 329.15 feet to a point marking the Northwest Corner of Gem Park Subdivision; thence South 00012'00" West along the west line of Gem Park Subdivision 664.67 feet to the REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council ~272~7~ ORDINANCE Page 1 &;~:~;~~;:~~ ~ 1>f2fJ '92 OCT 238M!: 11 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is more particularly described as follows: ' Beginning at a brass cap marking the East Quarter Corner of said Section 6 and the centerline of Locust Gr~ve Road, thence S. 00010'20" East along the E~st line of said Section 6 and the center of North Locust Grove Road 647.76 feet to a 5/8" rebar, thence South 89020' 00" West along the northerly right of way of Chateau Drive 661.29 feet to a 5/8" rebar marking the Southwest Corner of Gem ?ark Subdivision and the REAL POINT OF BEGINNING; thence North 86008'13" West along the northerly right of way of Chateau Drive 156.85 feet to a point; thence South 89020'00" West along said right of way 173.04 feet to a point; thence North 00009'59" West to an aluminum c~p on the east- west quarter- line of said Section 6 a distance of 630.30 feet; thence North 89003' 58" East along said east-west quarter line 329.15 feet to a point marking the Northwest Corner of Gem Park Subdivision; thence South 00012' 00" West along the west I,ine of Gem Park Subdivision 664.67 feet to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the reason for the R-8 zoning is to allow 21 single family dwelling units to be constructed on the parcel which would be an approximate density of 1 dwelling unit per 4.79 acres; that there shall be no duplexes allowed to be constructed; that the property shall be subject to site planning review; that the annexation and zoning is subject to the conditions referenced in ORDINANCE Page 2 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, must be completely tiled; that all Ordinances of the City of Meridian shall be met. Section 2. That the property shall be subject to de- annexation if the owner does not designate on the plat that only single-farnily dwellings shall be allowed, construct water and sewer line extensions to serve the property, and construct streets to and within the property, meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said pr~perty, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency lS hereby declared to exist, this Ordinance shall be ln full force and effect from and after its passage and approval as required by law. ORDINANCE Page 3 AMBROSE, FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ day of rO?~ b~ , 1992. APPROVED: SSe County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE E 1/2 NW 1/4 NE 1/4 SE 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAH~O. AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. _____, b~ the City~o~n~il and Mayor of the City of Meridian, on t: e ~~ day of ~.tf!.Jl.&~~ , 1992, as the same appears in my office. DATED this~ day of , 1992. Meridian ORDINANCE Page 4 , f AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<61 STATE OF IDAHO,) . . -5S. County of Ada, ) On this II ~ day of (]c.TbBW , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL \",I.'tU!."'1 ,\' t\. F R Ec. "A ,"\ Y' ,v " " <v ee,,_eO(lOo 71 < .r- .....(1." ~ ~ . o~ ~~~ ~ ~ G,fI \ 0 ':. ~~:~OlARr o~-: :: ~ i ,- ~: = J.. , 10 ,..~: ~ : :.~ eo lIS\..\v: ~~ -:. \ .G ~ ~ ~JA '...... _ _ -A"..\..~ ~ .; ,.. ~ - ~""I'- ~ " "',tfi OF \\)~~",,, IJI'BUoe"~\' ORDINANCE Page 5 w- ( wrtallurt ltalky fSaptillt QtlJurdT 1300 Teare Avenue (Facing 1-84) Meridian, Idaho 83642 (208) 888-4545 RICK DeMICHELE, PASTOR MATT BURCHARD, ASST. PASTOR Independent Bible Believing Fundamental October 8, 1992 Sunday School: 10:00 Morning Worship: 11:00 Sunday Evening: 5:00 Wednesday Evening: 7:00 Awana: 7 :00 Nursery provided for all services City of Meridian Jack Niemann, City Clerk 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Request to connect to the City of Meridian Sewer System Ministries Include: Dear Mr. N eimann, The purpose of this letter is to request connection of Treasure Valley Baptist Church to the City of Meridian Sewer System. As you may be aware,. our church is going through a building program. We have been given permission by the Central District Health Department to use our existing onsite sewer system. However, a developer was given an easement to route the City of Meridian's sewer line through our property in the past few months. Because the city system is more reliable, its close proximity to our building, and the fact that the cost of connecting to our existing system is approximately the same as connecting to the City of Meridian's sewer system, we write this letter making formal request to be allowed to connect to the city's system. I have contacted Gary Smith, City Engineer and he indicated that the proper procedure was to make this formal request. We will provide information you require for your assessment such as building plans and site plans of our facility. If there are any questions regarding this request, please Awana Bible Institute Bookstore Choir Adult/Y outh College & Career Discipleship Classes Gems High School Jr ISr Jail Ministry Missions Nursing Home Rescue Mission Sign Ministry Street Preaching Tape Ministry Young Manieds Location: Entrance off Overland, Facing 1-84 "He that hath the Son hath Life." 1 Jo. 5:12 A BIBLE BELIEVING CHURCH ( direct them to Treasure Valley Baptist Church office at the address and telephone above. Thank you for your consideration in this matter. ..I ( r..'I/ " / ,~ -~-.;..-~~-~~".. //''-~:::--~.~_.. -,";.-..:.._--".~ -- Rick DeMichele Pastor TC!lr Tim Cathcart Electrical Engineer AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83842 Telephone 888-4461 BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF G. L. VOIGT FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 6, 1992, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 6, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 6, 1992, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. I.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a street that ends in a cul-de-sac or dead end shall be no longer FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 ( than four hundred fifty feet. 4. That the Applicant has requested that he be granted a variance from the above cul-de-sac requirement and be allowed to exceed the maximum length of cul-de-sacs dn Mirage Court 1n parkwood Meadows Subdivision. 5 . The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the property is zoned R-4 Residential. 7. That the Applicant proposes to exceed the maximum cul- de-sac lengths on Mirage Court as the property is narrow and long with curvilinear streets and lots that are located on a non- continuous street stating that installation of a fire hydrant at the end of the cul-de-sac would mitigate the adverse impact of the variance. 8 . That the Applicant has the consent of the property owner. 9. That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department objected to the length of the cul-de-sac. 10. That the City Engineer, Meridian Fire Department, Ada County Highway District, Narnpa & Meridian Irrigation District or the Central District Health Department comments are incorporated herein. 11. That there was discussion at the hearing that Ada County Highway District did not want to see two access points to Ten Mile Road as close as there would be if the proposed cul-de-sac was made FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888--4461 through street; that there were comments that the cul-de-sac and the through street might be "flip flopped" so that the cul-de-sac would be in the southern portion of the subdivision. 12. That there were comments that if the cul-de-sac is in the north portion of the subdivision sewer lines would have to pass through subdivision lots to get out to Ten Mile Road from the cul- de-sac. 13 . That previous grants of variances of the cul-de-sac maximum length did not involve sewer lines passing through subdivision lots. 14. That the requested variance would entail the length exceeding the maximum 450 foot block length by about 50 feet. 15. That there is only one access into the subdivision from Ten Mile Road; that in most cases where this type of variance has been requested there have been more than one access into the subdivision. CONCLUSIONS 1. That 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 Applicant IS property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 AM BROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 10/ of the Zoning Ordinance lS noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a varlance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are ~uch special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888-<<61 requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. 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; d. That such variance will not violate the provlslons of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the street to be constructed was not in existence at the time that he purchased the property and the design of the subdivision was totally within the control of the Applicant; that the failure to meet the cul-de-sac maximum length was self-inflicted; that it would not be in the best interest of the City to grant the variance where such grant and the existing plat of the subdivision would also require sewer lines to be run through subdivision lots. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the cul-de-sac street Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 AMBROSE, FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone aaa.<<61 cul-de-sac street Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of a variance would be detrimental to the public's welfare or injurious to other property in the area in which the property lS situated. d. That the variance would have the effect of altering the interests and purposes of the cul-de-sac Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a varlance should be denied. 10. That it is concluded that if the Applicant can re-design the subdivision to have two access points on to Ten Mile Road that such would be preferable or, as an alternative, design the subdivision to have a cul-de-sac of maximum length in the south portion of the subdivision. 11. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 AM BROSE, FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-<<61 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS these Findings of Fact and Conclusions. The City Council of the City of Meridian does hereby approve ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the variance for a cul-de-sac of greater length than 450 feet for Mirage Court is denied. APPROVED~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7 HUBBLE ENGINEERING. INC. 9550 Bethel Court · Boise, Idaho 83709 208/322-8992 · Fax 208/378-0329 October 20, 1992 Honorable Mayor Kingsford and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Parkwood Meadows Subdivision Variance Request Dear Mayor and Council, On October 16, 1992, I had discussions with both Mr. Gary Smith and Mr. Ken Bowers regarding the variance request for the Mirage Court Cul-de-sac length. Mr. Smith and Mr. Bowers both indicated that they both could support our request to allow said cul-de- sac to exceed the maximum length. The City Council directed us to look at the possibility of flopping the cul-de-sac to eliminate the sewer main being extended between building lots. However, after further analysis and discussions with Gary Smith we have determined that the sewer would need to ran between lots on the flipped version as well. We will provide the necessary easements to protect the sewer line as proposed through the building lots through Mirage Court and will provide an access way through said easement for maintenance purposes. We will also provide an additional fire hydrant at the end of the proposed Mirage Court Cul-de-sac and have discussed the same with the City of Meridian Fire Chief. Mr. Bowers indicated to me that he would give approval for our request and would communicate the same to Councilman Corrie. Thank you for your time and consideration. -----' DA T /dkg/426.1tr ( CHANDLER, DilliON & AllYN CHARTERED Attorneys Thomas Chandler Lee B. Dillion Kathleen P. Allyn Russell A. Comstock Allan R. Bosch C.A. Daw Robert A. Wreggelsworth October 20, 1992 325 West Idaho Street Boise, Idaho 83702-6040 Telephone (208) 344-8990 Telecopier (208) 344-9140 Meridian City Council Meridian, Idaho 83642 Re: Ustick Meadows Subdivision - Preliminary Plat CDA File No. 1250-RE01 Dear Council Members: Chandler, Dillion & Allyn, Chartered represents Diamondhead Development, Inc., ("DiamondheadH) the purchaser of Ustick Meadows Subdivision. On September 8, 1992, the Meridian Planning and Zoning Commission recommended to City Council approval of the preliminary plat for the Ustick Meadows Subdivision, subject to various conditions including the condition that Diamondhead provide an access easement across Diamondhead's property for a neighboring property owner, Mr. Charles Fuentes. At present, it appears that Mr. Fuentes does not have recorded access to his property. As such, Mr. Fuentes is currently unable to finance a sale of his house through conventional loan sources (that require evidence of record access as part of the loan documentation). The only physical access is by way of a dirt road that runs north from Mr. Fuentes property and along the eastern edge of the Diamondhead property. Diamondhead is willing to provide both physical and record access to Mr. Fuentes. However, we are concerned that the access not be located along the existing farm service road. location of the access along such road would result in (i) a number of lots with double frontage, and (ii) other design and circulation problems. Instead, we are requesting that the required access be provided from Mr. Fuentes property into the road system designed for the subdivision. This could be accomplished by simply eliminating one of the proposed lots and substituting instead the appropriate access driveway. In addition, we would agree that Mr. Fuentes could continue the permissive use of the dirt road until such time as alternative access could be provided. We appreciate your consideration of our request. Sincerely, CHANDLER, DilliON & ALLYN, CHARTERED By: p( ~ Lee B. Dillion AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan1ldaho 83642 Telephone 888-<<81 RESOLUTION NO. 149 A RESOLUTION OF THE CITY THE CI,TY COUNCIL OF THE CITY OF MERIDIAN ADJUSTING, FOR THE CONSTRUCTION COST INDEX, THE CONSUMER PRICE INDEX, THE PREVAILING LAND PRICES FOR A WELL SITE, AND OTHER ADJUSTMENTS, THE AMOUNT OF FUNDS THAT ARE REQUIRED TO BE DEPOSITED WITH THE CITY TO ENABLE A DEVELOPER TO OBTAIN A WAIVER OF THE REQUIREMENT THAT A SUBDIVIDER PROVIDE, BY UNDERGROUND CONDUIT, PRESSURIZED IRRIGATION WATER TO EACH AND EVERY LOT WITHIN THE SUBDIVISION THAT THE SUBDIVIDER IS SUBDIVIDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 3 of Resolution No. 145 provides as follows: "That the Pressurized Irrigation Waiver Fee may be adjusted by the City Council annually to reflect the Construction Cost Index, the Consumer Price Index applicable to such costs, the rate of inflation, and such other appropriate adjusting factors as the City Council shal:L deem appropriate"; WHEREAS, the Engineering News Record has determined that construction costs have increased by 3 . 1 percent since the enactment of Resolution No. 145 and the United States Government has determined that the rate of inflation for the previous year has increased by three percent; WHEREAS, land costs and prices have increased since adoption of Resolution 145; WHEREAS, the City commenced its fiscal year 1992-93 on October 1, 1992, and an annual increase in the waiver fee is now authorized, due and appropriate. THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. That the fee established under 11-9-606 B. 14 and Resolution No. 145 for a subdivider to obtain a waiver of the requirement of providing underground pressurized irrigation AMBROSE, FITZG ERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone aaa.<<61 previously set at THREE HUNDRED SEVENTY-ONE and NO/lOa DOLLARS ($371.00) is hereby increased and adjusted to THREE Hundred EIGHTY-THREE and NO/lOa DOLLARS ($383.00). SECTION 2. The effective date of this resolution shall be the date of passage as set forth below. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, this 20th day of October, 1992. APPROVED: ATTEST: ( EN=I MARKET TRENDS Latest Week COST INDEXES ENR 20 cities 1913=100 Construction Cost ..,........... Building Cost......... .... ......... Common labor (CC) .......... Skilled labor (BC).. ............. Materials..... .,......... .... ........ Sept index value 5042.08 2856.52 10384.74 4639.25 1767.55 Change from last month year % % +0.2 +3.1 +0.1 +2.6 +0.3 +3.4 +0.3 +3.0 -0.2 +1.9 CONTRACT AWARDS Total construction1 .......... Heavy & highway............. Water use & control........... Waterworks............ ........ Sewerage ......... .............. Dams, waterway dev. .... Transportation................... . Highways...... .................. 8 ridges & tunnels........... Airports, incl. buildings ... Electric, gas, communic..... Military, space.. ...., ,.... ........ Other heavy const.............. Total nonres. bldgs. ........ Manufacturing bldgs. ......... Commercial buildings ........ Offices, banks. ....... ........ Stores, shopping ctrs ..... Other comml. service..... Government buildings ........ Adm in istratlon ............... Post offices......... .... ........ Prisons ......... .................. Police, fire .... ...... ... ......... Educational buildings ......... Primary ......... ..... ............. College ..... .... ..... .... ......... Laboratories.......... ......... Medical bldgs. .................... Hospitals ........................ Nursing................... ........ Other nonresidential.......... Total multiunit hsg.2 ........ Apartments......... ............ Hotels, motels, dorms.... Source: ENR.F. W Dodge Division Planning and backlog statistics have been temporarily suspended due to a revision In the data base. 'Minimum size: Contract awards, $50,000 ;0 Excludes 1 ~2 family houses National totals ENR-reported S mil. Week ending Sept. 7 2.488.7 n5.8 238.2 80.5 95.0 62.8 379.6 223.3 91.7 64.6 23.2 7.4 127.5 1,563.1 99.5 657.9 368.9 143.0 145.9 117.3 13.0 1.3 53.5 49.5 401.5 279.0 65.7 56.9 137.0 52.4 84.6 149.8 149.8 123.9 25.9 NEW PUBLIC CONSTRUCTION CAPITAL $ mil. State and municipal........... Housing......... ..... ..... ......... Other bldg. and heavy ..... Week of Sepl14 1,839.2 8.9 1,830.3 130 7 mos. cum. % chg. 1992 '91-92 83,630.9 31,439.6 8,980.1 2,780.4 3,852.5 2,347.2 15,849.6 10,624.9 3,624.8 1,599.9 2,493.8 33.6 4,082.6 45,538.2 4,307.7 16,998.8 6,546.4 5,773.1 4,679.4 3,607.8 1,057.2 273.8 1,849.6 427.2 9,559.7 6,544.0 1,364.1 1,651.6 5,967,9 3,732.5 2,235.5 5,096.2 6,653.1 4.414.2 2,238.9 - 2 + 9 o + 2 6 + 11 + 7 + 2 + 11 . + 34 + 66 + 6 + 20 - 6 - 29 - 6 - 3 - 2 - 15 + 6 + 35 + 53 - 7 - 3 - 11 - 9 - 7 - 20 + 19 +54 - 13 + 2 - 17 - 30 + 30 37 weeks cum. Latest Annual figure % chg. 48,859.9 + 30 2,880.9 + 41 45,979.0 + 30 ENR/September 28, 1992 Latest Month NEW CONSTRUCTION CONTRACTS 1987=100 May ENR total contract awards..... ........... ......... ......... n Non residentiaVmuttiunit .................................. 67 Heavy and highway..... ...... ......... ........... ......... 105 Source: ENR-F. W. Dodge Division. Shows seasonally adjusted annual rate. STEEL SHIPMENTS ------ May All construction .............. ........ ........... ........ .......... 596 Contractor ..... ......................., ...h....' .................... 199 S tructu ral & piling ............................................... 426 Source: ORI Steel Service. Shipment figures are in thousands of net tons. CONSTRUCTION MACHINERY DlSTRIBUTOR INDEXES 1988=100 June Sales-AED survey of 160 dealers ............................... 124 I nve nto ries-AED su rvey of 160 deale rs ...................... 96 I nventories-SaJes ratio in month ................................. 4: 4 Source: ASSOCiated Equipment Distributors SSTATE AND MUNICIPAL BOND SALES FOR CONTRUCTION I July" 1992 4,583.2 2,005.2 1,146.0 259.3 599.9 1,985.6 272.0 166.8 0.0 5.4 0.0 719.3 27.4 794.7 592.4 Total bond sales (E N R-reported) ... on................. Buildings, total........................................ ............ Schools ....... ..... ............ .............. ..................... Housing. ... ........ .................. .... ..... .......... .......... Other buildings ...... ............. ........... ...... ............ Heavy and highway construction, total.............. Waterworks....... .......... _....................... ........ .... Sewe rage, pollution control ............................ Bridges ............................................................. Highways ......... ........ ..... .................. ..... ........... Earthwork, irrigation, drainage........................ Electric and gas utilities. ........ ........ ....... .......... Airports ..... .............. ....... ............,......... ............ Mass transit............ ....... ......................... ......... General improvement and unclassified ....... .... ... ~Based on average week CONTRACTOR FAILURES Numbers 2 mos. 2 mos. 1991 1992t All contractors ........ ....... ........... ........ .... ........... 1,833 2,151 General bu i1ding contractors............................. 693 807 Other general.contractors ........... ....... ...... ......... 81 104 Special trade contractors................. ..... ............ 1 ,059 1,240 Source: The Dun & Bradstreet Corp.; ~$ mil.; fpreliminary Trends to Watch June 81 74 97 %chg. mo. ago + 5.1 +10.4 - 7.6 0/0 chg. yr. ago. + 5.2 + 4.2 + 2.1 5 mo. 2,761 1,008 2,096 %chg. mo. ago + 5 + 4 + 7 Cum. %chg. '91.92 + 2 + 13 - 4 Cum. %chg. %chg. 6-mos. % chg. mo. ago yr. ago avg. '91.92 + 28 + 24 106 + 6 + 2 - 4 93 - 7 - 8 -22 5:0 - 12 %chg. 1992 cum. %chg. June '92 S mil. yr. ago - 45 37,131.7 + 28 - 33 14,635.9 + 14 + 17 5,320.3 + 26 - 63 2,593.7 +44 -54 6,721.9 - 1 - 59 15,493.8 + 73 - 63 2.781.4 + 31 - 28 1,539.8 + 2 -100 338.2 -34 -100 2,594.7 +185 -100 488.8 +... - 41 4,308.8 +103 - 73 1,838.5 + 5 +192 1,603.6 +... 0 7,002.0 - 3 \ ~ } j i t I -_ %chg. 191.92 +17 +16 +28 +17 Lia bi lities" 2 mos. 2 mos. 1991 1992t 645.5 388.9 455.4 212.0 33.8 28.8 156.3 148.1 % chg. '91.92 - 40 -53 - 15 - 5 I t-I. . I' t ..~ , 1 ~ f ! } '1 ~ ',+, ~~i ~_t.l ~I -~~ ( ---- ~ " .~c ~\ . \.. ; Includ_ ~~~~:J~' 'or analy!j~ es multi::' ad cases' :':' ads, and"j- 5 h 0 wing':~'. :ombined Results"~. hically of~: vs show~~ , :~. ,~iif:: . i~' Vle\V re0:~' >;t structure .;. ,nim a tion~ ,- rV deftec.. ng . from laXlffium contours _ .. . Finallv ~t~~ ,es st "pes, sec..'?~,; ~ -in/osh with 'wa re costs , on(v. r Dr., Suitt .J08) -/64. one tick- locument ~n t mod- 19, meet.. .racking, 'Ix-based reportS:~':: ~_' ~s a qu~':_, - databa~)', ~d acro~~ ,: into CUS.'~. ri S rz turl1key . and UNIJ~_~~, ased mint'..}" ~~l: h.on starttr z;- , 000. Sold ~~t lters. ":~; , r r estwood >~ .JOO. Fa:c:~ .s+}~"t - ........- gR MARKET TRENDS Latest Week of' COST iNDEXES ENR 20 cities 1913::100 construction Cost .............. Building Cost... ....... ............ common labor (CC) .......... Skilled labor (Se) ............... tJaterials ............ ................ Sept. Index value 4890.83 2785.47 10,039.08 4504.47 1735.46 Change from last month year % % o +2.5 ~.2 +2.0 +0.3 +3.0 +0.3 +3.0 -1.0 +0.5 ~. Week ending Sept 9 7 mos. cum. % chg. 1991 '90-~1 National totals EN R-re ported $ mil. NEW PLANS t Tqtal constructionl .......... ~ vy & highway............. nresidentlal bldg. ........ Housing, multiunit ........... CONTRACT AWARDS TotSl construction' .......... 382.7 82,740.9 - 14 Heavy & highway ............. 97.2 29,051.3 - 7 . Water use & control........... 34.1 8,929.8 - 1 Water NOrks .................... 18.6 2,690.4 + 6 Sewerage ....................... 10.3 4,127.4""'~ + 5 Dams, waterway dev. .... 5.2 2,112.0 - 19 Transportation.................... 34.6 15,023.4 - 3 Highways........................ 27.7 10,437.5 + 1 Bridges & tunnels........... 4.3 3,320.3 - 3 Airports, incl. buildings... 2.6 1,265.7 - 27 8ectric, gas, communic..... 1.1 1,740.2 - 33 Md~ary, space .................... 0.0 32.3 - 59 Other heavy const............. 27.4 3,325.5 - 15 Total nonres. bldgs. ........ 260.9 45,985.5 - 12 Manufacturing bIdgs. ......... 45.0 5,074.3 + 5 Commercial buildings ........ 79.9 17,559.0 - 29 Offices. banks ................ 29.7 6,525.6 - 39 Stores. shopping ctrs..... 27.1 5,755.1 - 23 Oin~r commL service ..... 23.1 5,278.3 - 20 Government buildings........ 70.6 3,118.5 - 13 Educational buildings......... 31.5 10,486.6 + 12 Hospitals, medical bldgs.... 16.7 4,814.1 - 3 Other nonresidential....... 172 4,933.0 - 1 Total multiunit hsg.2 ........ 24.7 7,704.1 - 39 Apartments.... ................. 24.1 6,027.5 - 40 ~otels, motets, dorms.... 0.6 1,676.7 - 39 I Urce: ENR-F. W. Dodge Division ,Minimum siza: new plans, $750,000; contract awards, $50,000 &dudes 1-2 famity hoUS8S 3,466.0 1,347.2 1,407.6 711.1 66,972.0 29,125.4 30,352.1 7.494.6 -48 - 24 - 57 - 62 NEW PUBUC CONSTRUCTION CAPITAL $ mil. , State and munidpaJ ........... Housing. ...... ..... ................ Other bldg. and heavy ..... Week of Sepl23 450.9 10.8 440.1 37 weeks cum. Latest Annual figure % chg. 37,518.5 +12 2.046.2 -17 35,472.3 +14 Latest Month Trends to Watch ENRlSeptember 30, 1991 91