HomeMy WebLinkAboutConditional Use'r fl lil A.KES AT
CiHERRY LANE •
P.O. Box 190472
Boise, Idaho 83719
Planned. Unit Development
• (208) 884-0314 •
Fax (208) 884-2086
1
zoned:
Property
p
R-4
Preliminary, plat application:
37 single family detached units
3 daplex-units fiwo kn7� ?vwrilz�uJe�
144piewunit
'
46 total single family units under conditional
use permit
Parcel size:
8.53 acres
Units per acre:
5:63
'
Street width:
42 ft. private road right of way
Lot sizes:
4737e s.f. to-8;482 s.f.
31 qoq
Size of homes:
84/3
1304 s.f. minimum
'
Garages:
2 car
Set back:
See attached
'
Stories:
All single story units
9 rY
Roofing:
To be one solid color architecture 80 shingle
Painting:
Four different color combinations
'
Landscaping:
All front
yards will be landscaped
Parking:
Each unit has two car garage and space for two on driveway
'
plus off-street parking if needed
'
COLDWELL BANKER
Aspen Realty, Inc. • Laurie Burchfield (208) 884-1300 • Jeff Dohrman (208) 377-2310
AMENITIES
'
•
Gated security living
•
6 foot perimeter privacy fencing
•
i• CR1.1:. .Ti �� 1, LANE •
..,.. �yf.. 7f�i k��.rpp F, RYK F:. S 3 "r .,
'
P.0, Box ""72
Landscaped golf cart & pedestrian pathways to clubhouse community
Boise, Idaho 83714)
• (208) 884-0314, •
•
Fax (208) 884-2086
'
•
AMENITIES
'
•
Gated security living
•
6 foot perimeter privacy fencing
•
16 homesites on golf course
'
•
Landscaped golf cart & pedestrian pathways to clubhouse community
•
All units fully landscaped and maintained
'
•
Just % mile from the new Albertson's
•
% mile from the new Family Practice Medical Offices
•
/2 mile from new proposed Fire Station
'
•
'/4 mile from new proposed Clubhouse
' COLDWELL BANKER Aspen Realty, Inc. • Laurie Burchfield (208) 884-1.300 • leff Dohrman (208) 377-2310
I I I
REQUEST FDR SUBDIVISION APPROVAL,
PRELIMINARY PLAT ANDAT
PLANiIIA AND ZONING COMMISSION
' TIME TABLE �uR SUBMIS.EI�D:`!
A request for pr -e _rninary plat a ,_.
Clerks possesszon no pF ova_Grnustcbe in the City.
'
regular meetinglater than th•re_ da} _ follclwing the
0= the Planning
and Zoning Commission.
The Planning and�ar,in
the monthly meet. g Commission will hear the request at
np following the
made. month the request Was
After a proposal enters the process
subsequent monthlyit may be acted upon at
eetin
Procedures and documentationary
gare rcvore
eeied bef 5:00 P.m..
Thursday following the Planning
action. and Zoning Commissicn
GENERAL INFORMATION
'
1.
Name of Annexation and Subdivision.
_mhP Villas at the Lakes Sub
— 2.
General Location, Nnrth��est of Cherry Lane Village No 1
'
3.
Owners of record, Lojijq .7 Steiner
i.
Address, P.O. Box 190472
ZiP-13 7_1 Telephone 884-2076
`.
Applicant, Steiner Development A ddress, p,0 Box 190472
L.L.C.
5•
Engineer, Keith Jacobs P.E. Boise, Idaho 83719Firm
Pacific Land Surveyors
Address1295 S. Eagle Flight Wa Zip 3709 Telephone 378-6304
Name and address to receive City billings: Name Doug Campbell
Steinar npvelnnmAritires= P.O. Box 190472 Telephone 884-2076
' PRELIMINAPY PLAT r- CHECKLISTBo se, Ida o 8
Subdivision
Features
1.
Acres 8.53
' 2.
Numner of lots 48
3.
'
Lots per acre 5.63
4_
Density per acre .18
. 5.
Zoning Clas_,ficataon(s) R-4
(2)
6.
If the Proposed subdivision is outside the Meridian City .
Limits but
{t
within the jurdictional mile, what is the
e::
f. Trees will be provided for Yes, Trees will be
maintained_ private Company
9• zprinkler systems are provided for Yes
h• Are there multiple units Yes Type
remarks 3 -Duplexes 1 -Triplex
1• Are there special set back requiremenmE Yes
Explain_ 15' Street Side Yard& Front Yard refer to letter for
j- Has off street parkin been further detail
9 provided forYeS , E:;pla=n
Normal off-street parking
k. Value range of property $130,00 and up
1 . Type of financing for development conventional
M. Protective covenants were submitted No ,Date fort::ccming
le. Does the proposal land loci: other property No
Does it create Enclaves_ No r
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
b. Street names must not conflict with City grid system
(3)
THE VILLAS AT THE LAKE SUBDIVISION
Preliminary Plat Application - Statements of Compliance
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required
by Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
tj
3
4
5
R
Steiner Development will comply with Statement No. 1. Development will be a planned
residential development under a Conditional Use Permit. All streets will be private but
will meet all standards.
Proposed use is in conformance with the City of Meridian Comprehensive Plan.
Yes - Steiner Development will comply with Statement No. 2.
Development will connect to City services.
Yes - Steiner Development will comply with Statement No. 3.
Development will comply with City Ordinances.
Yes - Steiner Development will comply with Statement No. 4.
Preliminary Plat will include all appropriate easements.
Yes - Steiner Development will comply with Statement No. 5.
Street names must not conflict with City grid system.
Yes - Steiner Development will comply with Statement No. 6.
1
' CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Steiner Development L.L.C. -884-2076
PHONE:
ADDRESS: P.O. Box 190472, Boise, ID 83719
GENERAL LOCATION: 8 acre site northwest of Cherry lane .Village No. 1
DESCRIPTION OF PROPOSED CONDITIONAL USE: 46 single family detached ,
1 private street lot and 1
common area lot.
' ZONING CLASSIFICATION: R-4
i
11
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30
copies).
Signature of Applicant
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at —.m. The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
SUBDIVISION, BLOCK , LOT
TO
APPLICATION FOR CONDITIONAL USE PERMIT
1. Name, address and phone number of applicant.
Steiner Development, L. L. C.
P. O. Box 190472
Boise, Idaho 83719
(208) 884-2076
2. Name, address and phone number of owner of subject property.
Louis J. Steiner
P. O. Box 190472
Boise, Idaho 83719
(208) 884-2076
3. Legal description of property.
See Attachment A.
4. Proof of ownership of subject property (warranty deed) and notarized consent of
property owner.
See Attachment B.
5. Description of existing use.
8 -acre farmland
6. Present use of subject property.
Farmland
7. Proposed use of subject property.
Single family detached - 46 units
8. The District (present zoning) that pertains to the subject property.
R-4
9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet
(1" = 300').
See Attachment C.
10. Characteristics of subject property which make a conditional use desirable.
Infill site next to existing city annexed land. Property is for single family living located
adjacent to a city owned golf course.
11. A listing of the mailing addresses of all property owners (from authentic tax records
of Ada County) who are within three hundred feet (3001) of the external boundaries
of the land being considered, and a list of all owners within the area being
considered for a conditional use.
See Attachment D.
12. A fee as established by the Council: $275.00 + $1.42 each for certified mailings for
each property owner listed within the 300 feet = Total Fee.
The base fee is $275.00
plus $1.42 times 41 people 58.22
for a total of $333.22
13. A statement that the applicant or user of the property agrees to pay any additional
sewer, water or trash fees or charges, if any, associated with the use, whether that
use be residential, commercial or industrial.
Applicant agrees with Statement No. 13.
14. The application shall be verified by the applicant which shall state that he has read
the contents thereof and verifies that the information contained therein is true and
correct.
See Attachment E.
15. The property will be posted one week before the hearing stating they have applied
for a Conditional Use Permit or Zoning. There must be a signed affidavit that this
will be done as part of the application.
See Attachment F.
I/winword/pWfulapcup.doc
For Value Received
.e. DA^1 •;•r r, t�tvACt
4'; i r.tNi.
BOISE i0
WARRANTY DEED MW AIMEWAN ME 00.
197 APR I6 PA 3 44
Jamas w Fuller sed Lois J. Ptt8w, hnsbaod oW "L 1
ISVit:i:i::.. •ant iZu.{c.3T 0
hatmafter rc%rcd to as Grantor, does bereby SrML bargain. sem, mad canvey onto
Louis J. Smiacr, a married man as bb sole aW separate property
heresu ter referred to as Oraatm, wbeae aw= t address is
554 Last Henevne itoad, Suite B
Atnatec, CA 95301
the (allowing described premises, t wit:
SEE EXHIBIT "A" ATTACHED KMTO A14D KADE A PART HEREOF.
To HAVE AND Tn HOID the said premises, T&b tbrar apsprmea*aee-c torte Tl a csid C'>"trr, his fw.ir%
and amigm forever. And the said Giaffior does be rehy exsveeaO to and with the said f: ft., th*t Chanter is
the ertvaer is tee Simple of said premises; that said premises are frft f"M all enomb er_s evrept evrrteat
years taws, WM and woctm. Wats, and eaoeespt ITS. Pate et ftse natiasc, testTktinw, e*uteeotc of reemd, asset
enamentt viswe upewt the premisesa, and char ('sraator 9A warraor and defend At same from *11 clairnc
whatsoe vt r.
Dated_ Aperif 14 1997.
E=IBI-T 11A•1
A parcel of land situated in the Northwest quarter of Section 3,
Township 3 North, Range 1 west, Boise -Meridian, City of Meridian,
Ada County, Idaho, and more particularly described as follows:
Commencing at the _76, corner common to Section 3 and 4 corner as
shown or Or -6F Instrument No. 762146, Ada County Records, from
idil10h the section corner comon to Sections 4, 5, 10 and 3
J�earr7 SOUAr V��O � 1�1� T�Ot ^,-e. • n .e i, thence / 4041.19 - eat; thence
North 0438127" East, 2043.69 feet. aloray the WastzrlY line of the
;icatlZ*4&St qaart= a: said S2ctiar. 3 to a : ire n Fir maar�:.^.g
the Northwesterly ccr :c: of that" parcel described in Warranty
Deed to Brighton Corporation and recorded as Instrument No.
913016890+ and '.'Modified by Affidavit }O Correct Legal
Description recorded as Ins*,.went No. 95075294, Ada County
Records; thence
South 89023104" East, 785.01 fest along the Northerly line of said
parcel to the Northeasterly corner thereof, arid' the POINT OF
BEGINNING; thence continuing
South 89023104" East, 257.01 feet to the centerline of Eight Mile
Lateral; thence along the centerline of said lateral through
the following courses:
South 56,928132" East, 248.22 feet to a tangent curve; thence
Southeasterly, along a curve to the right having a radius of
580.0 feet, an arc length of 132.85 feet, a central angle of
13007125", a chord bearing and distance of
South 49054149" East, 132.56 feet to a point of tangency; thence
South 43021107" East, 398.04 feet; thence
South 37932135" East, 273.07 feet to the Northerly line of the
Southeast quarter of the Northwest quarter of said Section 3;
thence leaving said centerline of right mile lateral, along
said Northerly line,
South 8941815V East, 532.87 feet to a line paraiiei with abd
Easterly of Uxe westerly line of the East half of the
Southeast quarter of the Northwest cfeaftct of said Section;
thence along said parallel lime,
JVYtil 0030! 1811 Was`., 2005-67 fast to the 2Vyr theastierli% corner Vf
that parcel described in Qui VclaiJz1 Deed to the �i t� vi
"ri8r 1L:iTar: Tared j C/VrGL 3�:w 3u irastiaiiuErit iiG . 35 v iv s L , e�adti ��Siity
Records; than: a alVlig th-�. IT -o .2%.crly li-nQ of arir parcel
��.Ya V% �...�� fc11V:':.'.n vV Yr VV�-
North 55°14112" chest, 136.3; Pge+_; thence
*Tort_'= 50.40115" wAst, 164,39 feet; thence
North 7900211511 West; 61.16 feet; thence
North 89018949i0 West, 398.40 feet; thence
South 1100014211 East, 399.24 feet; thence
South 6104911311 West, 165.37 feet; thence
North 4204312911 West, 283.07 feet; thence
North 1305612011 West, 266.06 feet; thence
North 8016107" West, 125.42 feet; thence
North 564910611 West, 249.89 feet; thence
North 35028122" West, 77.08 feet; thence
North 42031118" West, 70.53 feet; thence
North 53015409" West, 86.07 feet; thence
North 56028132" West, 79.07 feet; thence
North 63013116" West, 65.34 feet; thence
North 78905'29" West, 71.13 feet; thence
North 89023104" West, 80.94 feet to a corner on the Easterly line
of said Warranty Deed to Brighton Corporation; thence leaving
said Northerly line, along said Easterly line through the
following courses:
North 0"36'56" East, 115.00 feet; thence
North 5638+2214 East, 50.19 feet; thence
North 00361560 East, 110.00 feet to the PO -IM Of BEGINNING.
aARCZL Sao
A parcel of land situatad iii the florl`hwest cruairter of Saction 3,
Tow-nsh.ip 3 North, Range 1 Nest, Boise-Keridian, city of, Meridian,
Ada County, 16daha, and more particularly described as fcllaws:
C^_amencing at the -3.- chi-ner common to Section 3 and 4 corner as
ahown on CP&F instrument No. 782146, Ada County Records, from
which the section corner common to Sections 4, 9, 10 and 3
lagers South 0038011" West, 2651.19 feet; thence
North 0038127" East, 22.64 feet along the Westerly line of the
Northwest quarter of said Section 3 to a 5/8" iron pin marking
the extended Southerly line of the Northeast quarter of said
Section 3; thence
South 88.55129" East, 1977.76 feet to a point on the Westerly line
of the. East half of the Southeast quarter of the Northwest
quarter of said Section 3; thence
North 0030118" East, 277.67 feet along said Westerly line to the
POINT OF BEGINNING; thence continuing
North 00301180 East, 91.97 feet along said line to the Northerly
corner of that parcel described in Correction Quitclaim Deed
to the City of -Meridian, recorded as Instrument No. 95016892,
Ada county Records; thence along the Northerly line of said
parcel through the following courses:
Southwesterly, along a non -tangent curve to the left having a
radius of 375.0 feet, an arc length of 269.77 feet, a central
angle of 41013104==, a chord nearing and distances of
South SI0111211' West, 263.99 feet; thence, tangent from said curve,
South 30e341501' Watt, 84.13 feat to a tangent curve's; thence
Southeasterly along said cu&-va to the laf , hav:Lng a r adiuS of
feat, an arc langth of 30.13 fait, a Gantral angle of
a chord bearing and distances of
South 12634136" East, 27.36 feet to a point an a non -tangent cla ve;
thence leaving said No•t-herly line
Northweate_ly, along said non -tangent curve to the left having a
radius of 684.4 feet, an are length of 177.03 feet, a central
angle of 14 0 54 t 58" , a chord bearing and distance of
North. 63,211131" West, 176.53 feet to a point of anon -tangency;
thence
North 19.20157" East, 195.81 feet to the Southerly line of said
Correction Quitclaim Deed; thence along said Southerly line
through the following courses:
South 66028140" East, 157.70 feet to a non -tangent curve; thence
Northeasterly along said curve to the right having a radius of
425.0 feet, an arc length of 288.86 feet, a central angle of
38056131", a chord bearing and distance of
North 63004111" East, 283.33 feet to a point of non -tangency;
tbenCe
North 0-30015" East, 154.10 feet; thence
North 11045615" East,. 185.77 feet; thence
North 78933149' East, 182.71 feet; thence
South $91291450 East, 80.00 feet to the corner of said Corrected
Quitclaim Deed to the City of Meridian; thence leaving said
Southerly line
South 0030118" West, 534.95 feet along a line Easterly of. and
parallel With the Westerly liar of the East half of the
Southeast quarter of the Northwamt quarter of said Section;
thence
I+Iort.; 88°23'3-"." Wast, 25;.64 feet;
South 860501211, Nest, 61.76 feet; thence
' North 820391350 West, 14.81 feet; thence
North 890?8058" West, 15.17 feet to the POINT OF BEGINNING.
PARCEL G;
A parcel of land situated in the North half of the South half of
Section 3, Township 3 North, Range 1 West, Boise -Meridian, City of
Meridian, Ada County, Idaho, and being more particularly described
as follows:
Commencing at the 3.- corner common to Sections 3 and 4 corner as
shown on CP&F Instrument No. 782146 Ada County Records, from
which the section corner common to Sections 4, 9, 10 and 3
bears South 0638111" West, 2651.19 feet; thence
' North 0038127" Ras -to 22.64 feat along the Westerly line of the
Northwest quarter of said Section 3 to a 5/8" iron pin marking
the extended Southerly line of the Northeast quarter of said
Section 3; thence
South 8805512911 East, 3977.76 feet to a point on the Westerly line
of the East half of the Southeast quarter of the northwest
quarter of said Section 3; thence
' South 0030118P west, 5. S9 feet along said Westerly line to a point
marking the Nortbw5st corner of the northeast quarter of the
Northeast quarter of the SoatLwest quarter of said Section. 3
(C -E -W 1/64); thence
'�.
$�iitatl 0030111611 T:28 �., 4011.40"a � cct alongthewBStoa lY li::a :.f s?.3ta.
fir,. ••i• quartar of the Har'+'heas} Cr"ar}er of the cn»thwes*
...r ear.. .....� .. .. � .. � ......_..
quarter of said Section. 3 to th_- centerline of Eight dile
Lateral, being the POINT OF BEGINYT_FG; thence
Southeasterly along the centerline of said lateral through the
- following courses:
South 5805491.1" East, 276.46 feet to a tangent curve; thence
Southeasterly along a curve to the right Weaving a radius of
1
' 100.0 feet, an are length of 59.46 feet, a central angle
of 34604410•, a chord bearing and distance of
South 51052006" East, 58.59 feet to a point of tangency; thence
South 34050101" East, 292.99 feet; thence
South 89048441" East, 147.34 feet; thence leaving said centerline
of Eight Mile Lateral
South 35000100" East, 176.30 feet; thence
South 22015100" West, 60.05 feet to a point on the Northerly
boundary of CHERRY LANE VILLAGE NO. 1 SUBDIVISION, as shown
on the official plat thereof recorded in Book 44 of Flats at
' Pages 3537 through 3539, Ada County Records; thence
North 4358'10" West, 75.57 feet along the Northerly boundary of
said subdivision to a point marking the Northerly corner of
Lot 2 of Block 9; thence
' 340uth 56°00100" West, 305.46 feet along said Northerly boundary to
the Southwesterly right-of-way line of Interlarhan Way.; thanca
continuing along said Northerly bau Bary, and Sou""hwastarly
'right-of-way,line of Interlacher, Way
South 3400"0000" East, 171.40 feet to the gort-i erly corner of Lot
8 Of Block 7 of the P - MENDED PLAT OF CMEPURY LANE VILLAGE No.
' 2 SUBDIVISION, as shown on the Official Plat thereof recorded
in Book 45 of Plats at Pages 3647 and 3648, Ada. County
Records; thence
South 61037433" West, 149.16,feet along the Northerly boundary of
said Amended Subdivision to the extended Northerly right-of-
way of the Safford Sub Lateral; thence
North 66005130" West, 396.57 feet along said extended right-of-
way to the Westerly line of the Northeast quarter of the
Northeast quarter of the Southwest quarter of said Section
3; thence along said Westerly line
North 0630011" East, 745.37 feet to the POINT OF BEGINNING.
PARCEL De
A parcel of land 25 feet in width, situated in the Northwest
quarter of Section 3, Township 3 North, Range i west, Roise-
Meridian, City of Meridian, Ada County, Idaho, and lying Within the
night -of --;way of North Black Cat Road, being more particularly
described as follows:
' COAme"ing at the % corner common to Section 3 and 4 corner as
shown on CP&r InstvQmant 1+0, 766146', Ada "C unt'1% Records, from
Which the section corner common to Sections 4, 9, JG are d 31
bears South C038111" Wast, 2oJ2651.1$ fCZaV, �• thanca
Nor -h 0038127" East, 498.29 fact along the Westerly line of the
quarter arter of Section 3 to the Northwesterly corner of
that pax -cal des_r=bed 4- Correction Quitclaim Dead to Brighton
' Corporation, recorded as Instrument No. 95416891, Ada County
Records, and the POINT OF BEGINNING; tlhance continuing
North 00381270 East, 1270.40 feet along said Westerly line to the
Southwesterly corner of that parcel described in Warrantv Deed
' to Brighton Corporation, recorded as Instrument No. 95016890
11
as modified by Affidavit to Correct Legal Description recorded
as Instrument No. 9575294; thence along the Southerly line of
-said Warranty Deed
South 89023104" East, 25.00 feet to the Easterly right-of-way line
of North Black Cat Road; thence
South 0038127" West, 1270.41 feet along the said Easterly line to
the Northerly line of said Correction Quitclaim Deed; thence
North 89321'339 nest, 25.40 feet along said Northerly line to the
Poibri. OF BEGUN.NiNG.
' ♦ V� �JJI L�•11 � V
1
1
I
i
Iron Pin
IN5f1i. 95016890
' PARCEL 'D'
0.73 acres
11
Iron Pin
w 1/4 Ile
3
' N
0
.5
3
1
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9 10
1
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i
I
EXHIBIT "B"
PARCEL 'A'
15,20 acres
• WSM 95016892
PARCEL 'B'
4.68 acres
PIN
C -E -w 1/64
S. line NE 1/4
W5M / 95016892
PARCEL 'C'
8.52 acres
Total Remaining Acres = 29.13
I
�.V Q
TOOTHMAN—ORTON ENGINEERING CO.
ENCINEERS SURVEYORS P' -AN -%r -RS
9777 CHINCEN BOULEVARD - BOISE. IDAHO 83714--.,X8
^Vno 2171 _111300 . CAY• 7f1R-iii-iZCG
I, Doug Campbell, a principal of Steiner Development, L.L.C, do verify that the information
contained herein is true and correct.
r�Doug Campb II
1
1
CONDITIONAL USE APPLICATION
POSTING AFFIDAVIT
I, Doug Campbell, a principal of Steiner Development, L.L.C., do hereby certify that Steiner
Development is the applicant of the land described as "The Villas at The Lakes" Subdivision in
an application for Conditional Use Permit being submitted to the City of Meridian for
consideration.
I further state that I hereby officially request a Conditional Use Permit of said property by the
City of Meridian, Idaho.
In addition, I hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this /3 day of /44 U
By:
Doug Cam ell
STATE OF IDAHO
SS.
County of Ada
19f 1
ON THIS 181h day of A.)c UPm Ger 197 before me a notary public in and for said
State, personally appeared Doug Campbell, known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
sit lo u%,81,P
•` �� ' OTAJQ •• 7
G
z OF
Notary Public for Idaho
Residing in J& ► ncj , Idaho
My commission expires 3 /7/a 000
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BRIGHTON CORPORATION
CONDITIONAL USE PERMIT
EAST SIDE OF BLACK CAT ROAD
BETWEEN USTICK AND CHERRY LANE
MERIDIAN, IDAHO
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
September 13, 1994, at the hour of 7:30 o'clock p.m., the
Petitioner appearing through the project's engineer, Mike Wardle,
the Planning and Zoning Commission of the City of Meridian having
duly considered the evidence and the matter, and the Applicant
making additional comments in letter form and verbal statements at
the Commission's meeting on November 9, 1994, makes the following
Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 13, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the September 13, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations; that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1
ASHFORD GREENS
matter came up for consideration again at the Commission's November
9, 1994, meeting at which time the Applicant's two representatives,
' Mike Wardle and David Turnbull made representations to the
Commission, and the Commission considered the Letter of Applicant's
representative, Mike Wardle, dated October 31, 1994.
t2. That the property is located within the City of Meridian;
it is located on the east side of Black Cat Road between Ustick and
Cherry Lane; the parcel is part of a parcel of property that was
annexed by the City over fourteen years ago and part of a parcel
that has recently been requested to be annexed.
t3. In a letter dated August 10, 1994, which was revised
September 1, 1994, the Applicant's representative, Mike Wardle,
' stated the conditional use application is for a planned unit
development, that the land is intended to be developed into 228
' single family lots plus a medium residential area with 216
' residential units, that they desired approval of the overall
- project, desired approval of 228 single family lots and 216 medium
' density units, approval of a density transfer from the single
family lot and golf course to the medium density parcels, and
' desired approval of lot frontages, dimensional standards, private
' drives, "flag" lots, cul-de-sac and block lengths; Mr Wardle
further stated that they were aware that the PDR approval for the
medium density parcels must be conditioned on a future submittal of
specific design plans which would address access, roadways,
parking, utilities, open space, landscaping, and other matters; in
an additional letter to Shari Stiles dated September 2, 1994, Mr.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2
ASHFORD GREENS
Wardle stated that the single family dwelling units would be on
78.29 acres with a density of 2.91 dwellings units per acre, and
indicated that the *medium density dwelling units would be on 27
acres with a density of 8 units per acre; that the total acreage
used for residential development would be 123.55 acres with 444
dwelling units, for a total density of 3.59 dwelling units per
acre. That the Applicant submitted a Concept Plan on August 10,
1994, apparently along with the letter of that date.
4. The letter dated October 31, 1994, from Mike Wardle to
the Commission, is incorporated herein as if set forth in full,
including the attached letters dated August 10, 1994, revised
September 1, 1994, and September 2, 1994. Regarding the medium
density parcels Mr. Wardle stated that a site concept had not been.
developed for the use which may be condos, townhouses or even
cluster homes --detached dwellings in a common area setting, that
the density can range from six to ten units per acres, that their
calculations showed that the density for the overall project would
be 3.59 units per acre for the two medium density parcels and
therefore they were not asking for "bonus density" because the
overall density of the entire project was 3.59, and that as to
being harmonious with other developed areas around the golf course,
one of the medium density parcels abutted 850 feet along Golf view
Estates and the other medium parcel was completely surrounded by
the golf course and the entrance collector road and would have no
external impact; he additionally basically commented that the
Commission could address the harmoniousness through its review of
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
ASHFORD GREENS
the site plan that must be submitted and approved and through a
requirement for buffering with landscape, berming and building
setbacks.
5. Pertaining to recommended conditions for the medium
density parcels Mr. Wardle suggested that PDR approval for the
medium parcels is conceptual only, that the maximum gross density
of the entire project shall be 3.59 units per acre and for the
medium parcels the maximum gross density shall be eight units per
acre, that prior to any development of the medium parcels the
developer must submit a detailed application for approval, and that
the Commission reserves the right to place appropriate conditions
on the medium density application in accordance with ordinance
requirements for access, roadways, parking, utilities, open space,
landscaping and so forth.
6. Pertaining to the long strings of 75 foot lots, Mr Wardle
stated the final plat single family lot configuration shall inter-
mix 75 and 80 -foot- wide lots so that there shall not be more than
two 75 foot lots in a row.
7. Pertaining to the Interlachen street connection Mr.
Wardle stated that there was clearly a conflict on the issue
between City staff and ACED and solution was for the Applicant to
work with both. Mr. Wardle recommended that the Applicant work
with both
City
staff
and
ACED to
address
the connection
of
Interlachen
and
Dawson
Drive
and in so
doing to
minimize speed
and
the concept arrived at shall include consideration for development
of medium density parcel lot 5, Block 22, and that upon approval of
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4
ASHFORD GREENS
I I
the connection of the two streets the Applicant shall provide a
revised overall Master Plan/Preliminary Plat incorporating that
revision.
8. In the letter dated August 10, 1994, revised September 1,
1994, Mr. Wardle stated, in part, as follows:
of . . However, the matter of conditional use permit for the
'medium density' parcels is still unresolved.
Inasmuch as specific design plans have not been prepared for
those parcels --identified on the revised preliminary plat as
Lot 56, Block 20 and Lot 5, Block 22 --this conditional .use
request is for the following:
1. General
Approval of the overall; project as a Planned Development
Residential (PD -R) encompassing single family lots,
medium density parcels, and golf course."
9. There are single family subdivisions adjacent and nearby;
that Golf View Estates and Cherry Lane Village Subdivision Nos. 3
and 4 have larger lots than those shown on the Applicant's concept
plan; that most of the lots do have 8,000 square feet but most also
only have 75 feet of street frontage; there are some lots with 80
feet of street frontage.
10. Much of the property is already zoned R-4 Residential and
the Applicant has submitted an application for annexation and
zoning that requests the balance of the property to be annexed and
zoned R-4; that the proposed use is for a Planned Development
Residential (PD -R) development encompassing single family lots,
medium density parcels, and an addition to the City owned Cherry
Lane Golf Course, with the City doing most of the development of
the golf course.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ASHFORD GREENS
Page 5
11. Under 11-2-409 ZONING SCHEDULE OF USE CONTROL, A, a
Planned Development Residential (PD -R) requires a conditional use
permit.
12. A concept plan was submitted to the City, apparently to
assist the City in reviewing the Application; a preliminary plat
was submitted with the Applicant's Application for annexation and
zoning and request for preliminary plat approval; the concept plan
and the preliminary plat with the annexation and zoning application
showed the proposed layout of the single family dwelling areas but
did not show any layout for the medium density areas; no
development plans were submitted for development of the medium
density parcels shown on the concept plan. The Applicant's
Representative, Mike Wardle, in the October 31, 1994, letter, did
submit some comments as to how the medium density would be
designed, how the lots of 75 and 80 foot frontages would be
dispersed, and comments on the difficulty with Interlachen Street
and submitted proposed possible conditions on the development; that
these comments are stated in paragraphs 4,5,6 & 7.
13. That the Applicant's representative stated at the public
hearing on September 13, 1994, that there were two minor changes
which were that the maintenance shed area would be changed and a
stub street to the north added; that the Application was to have
approval of a planned unit development that encompassed single
family and medium density dwellings and the golf course; that the
Planning and Zoning commission can require the medium density to
come back before it; that roadways, access and other plans could be
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6
ASHFORD GREENS
' required; that six lots require private drives; that there are two
flag lots and longer cul-de-sacs that need to be approved as part
' of the PUD.
' 14. That the Meridian Fire Chief stated that he did not have
a problem with this permit, as long as all codes are met; that the
' Meridian School District commented that it had a problem with the
amount of students that would be generated by this development and
' the cost to the District for educating them and asked for help in
dealing with the impact; the Central District Health Department
' stated that the development was provided was alright if it id
g p ed with
' central water and sewer, did not cause a mosquito breeding problem,
and there was no storm water problem; that Nampa & Meridian
' Irrigation District commented; that the Meridian City Engineer
commented that he hod no comment; that all of the above comments
' are incorporated herein as if set forth in full:
' 15. That many of the blocks in Cherry Lane Village No. 1 and
No. 2 were alternated with an 80 foot lot and then a 75 foot lot;
' that those subdivisions were developed before the current zoning
Ordinance was adopted, which now does not allow such in the R-4
' District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
ASHFORD GREENS
16. That
Section 11-2-409 A
lists Planned Residential
Developments as
a conditional use
in the R-4
zone; that the
'
Subdivision and
Development Ordinance
speaks
to planned unit
developments in
11-9-607 and such is
incorporated
herein as if set
'
forth in full; that
section 11-9-607
E states as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
ASHFORD GREENS
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
this Section. A PD shall be governed by the regulations of
the district or -districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desireable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this section.";
Section 11-9-607 G. 8. also provides that all Planned Development
shall be subject to design review by the City staff and Council;
that Sections 11-9-607 A through H are incorporated herein as if
set forth in full.; that 11-9-607 E states that a PD shall be
allowed only as a Conditional Use in each district, shall be
governed by the regulations of the district in which it is located,
that a PD may provide for such exceptions from the district
regulations governing use, density, area, bulk, parking, sign, and
other regulations as may be desireable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with the
standards and criteria contained in this Section; Section 11-9-607
D. states that the developer shall provide the Council with a
colored rendering of adequate scale to show the completed
development that will include at least the following architectural
style and building design, building materials -and color,
landscaping screening, garbage area, parking, and open space.
17. That the R-4 District requirements, such as but not
limited to, are 8,000 square foot lots, 1,400 square foot houses,
and 80 feet of street frontage, and such are incorporated herein as
if set forth in full; that there was no statement from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page.8
ASHFORD GREENS
Applicant how the R-4 requirements would be met nor did the
Applicant state what the request was as to how the requirements
would be excepted; the concept plan does show the proposed
exceptions to the street frontage and lot sizes but no mention was
made as to square footage, whether there would be duplexes, town
houses, or condominiums, or anything that would specifically
pertain to what the Applicant characterized as "medium density";
' that the Applicant did state in the October 31, 1994, letter that
condominiums, twonhouses or cluster homes could be developed, but
' further stated as a recommendation that the maximum gross density
' of the medium density areas shall be eight units per acre.
18. That at the November 9, 1994, meeting there was
discussion between Mr. Wardle, Mr. Turnbull and Commissioner Hepper
pertaining to the mixed density units being owner occupied or
' rentals and about limitations on how small the dwellings unit could
' be; that Mr Hepper desired that the units only be owner occupied
and was of the opinion that the minimum square footage of the
medium density should at this time be set at 1,300 square feet;
that there was discussion from Mr. Turnbull that the square
footages would likely vary, and he stated at the end, which Mr.
Hepper agreed with, that the 1,300 square footage was a requirement
that could be changed and there could possibly be varying square
' footages.
19. That sewer and water is available to the property and is
' required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9
ASHFORD GREENS
1
'1
I I
20. That Larry Sale, from Ada County Highway District
commented concerning linkage between Interlachen Way and Dawson
' Lane; he did not desire Interlachen Way to connect to this
' development, stating that Interlachen was only a connector road
from Cherry Lane to where it ends now and should not be continued
as a collector.
21. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
' given and followed.
21. That there was no testimony objecting to the application.
' CONCLUSIONS
� I
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10
ASHFORD GREENS
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.
� I
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10
ASHFORD GREENS
4. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
5. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under .which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The Planned Development use, would in fact,
constitute a conditional use and a conditional use permit
is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance and
the Subdivision and Development Ordinance require a
conditional use permit to allow the use.
c. The Applicant did not state that the development
would be designed and constructed to be harmonious in
appearance with the intended character of the general
vicinity, which is the Cherry Lane Village Subdivision
and Golf View Estates, but in the October 31, 1994,
letter the Applicant's representative did comment
basically that one of the mixed density developments
abutted only 7 lots of Golf View Estates for 850 feet and
that the other medium density area was surrounded by golf
course and the entrance road and that area would have no
external impact. He also stated that the Commission
could address the harmoniousness through its review of
the site plan that must be submitted and approved and
through a requirement for buffering with landscape,
berming and building setbacks; that it was concluded in
the initial set of Findings of Fact and Conclusions of
Law that it does appear that it was the intention of the
Applicant, in the single family lot area, to make it
harmonious with the intended character of the general
vicinity, but it would be better to have the lot
frontages of 75 to 80 feet alternated so that there are
not long strings of 75 foot lots; that the Applicant did
FINDINGS OF FACT AND CONCLUSIONS OF LAW
' ASHFORD GREENS
I I
Page 11
state that the lots with 75 feet of street frontage would
be dispersed so that there would be no more than two 75
foot frontage lots in a row; and it is also hard for the
Commission to tell if the Applicant intended to have the
development be harmonious with the preexisting golf
course development without a specific plan for what has
been identified as the medium density areas.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available
and will have to be installed and ,connected by the
Applicant.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required and it appears that parking
for the golf course will have to be enlarged.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
6. That regarding the conditional use finding that must be
addressed pursuant to 11-2-418 C 3. as to the harmony of the
project to the general vicinity, it is concluded that the harmony
must be with the general vicinity, which is the entire -golf course
area, including Golf View Estates; that by one of the medium
density areas being surrounded by golf course and the entrance road
does not remove the conditional use requirement that the proposed
use be harmonious with the general vicinity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
' ASHFORD GREENS
I�
Page 12
' 7. That it is concluded that Commission appreciates the
ideas presented, the concept is generally good, and a suggestion
' was made that the lots with 75 feet of street frontage would be set
so that there would be no more than two such lots in a row,
tapparently so that the single family lots would be more harmonious
with the rest of the golf course property, which in the Cherry Lane
Subdivision NOs. 1 and 2 do have many of the 80 and 75 foot lots
!, alternated; that it is concluded that there should be more 80 foot
lots and fewer 75 foot lots.
■ 8. That it was stated in the October 31, 1994, letter that
' the Applicant would work with the City and ACED to try and work out
the connection between Interlachen and Dawson Drive, hopefully so
' that there would be connection from Cherry Lane to the future club
house and if it is connected it should be designed so that speed
can be kept to a minimum, both with speed inhibitors, such as
' mounds and design of the road, which Applicant stated they would
- work on; that it is concluded that the Applicant, the City and the
ACED should work on this.
9. That it is concluded that there should also be some kind
of pedestrian access to the club house and paths for golf carts so
that they can get to the club house without having to travel on the
golf course. This was as not addressed in the October 31, 1994,
' letter or at the Commission meeting of November 9, 1994.
10. In the letter dated August 10, 1994, Mr. Wardle further
' stated that they were aware that the PDR approval for the medium
' density parcels must be conditioned on a future submittal of
- FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13
ASHFORD GREENS
i1
specific design plans which would address access, roadways,
parking, utilities, open space, landscaping, and other matters. In
the September 13, 1994, public hearing Mr. Wardle stated that the
Planning and Zoning Commission can require the medium density to
come back before it.
In the October 31, 1994, letter, Mr. Wardle stated regarding
the medium density parcels, that a site concept had not been
developed for the use and that the Commission can address the
concern of (harmoniousness) through its review of the site plan
that must be submitted and approved. Also in that letter Mr.
Wardle, in the portion on the medium density, set forth some
proposed conditions. That those conditions were as follows: 1)
Pertaining to recommended conditions for the medium density
parcels, that PDR approval for the medium parcels is conceptual
only. 2) That prior to any development of the medium density
parcels the developer must submit a detailed application for
approval. And 3) that the Commission reserves the right to place
appropriate conditions on the medium density application in
accordance with ordinance requirements.
11. It is therefore concluded that this Application is for an
approval of a concept plan for a Planned Development - Residential.
12. It is further concluded that the concept for development
of the single family portion should be approved by the City
Council, including the private drives, "flag" lots, cul-de-sacs and
block lengths; that the concept of interspersing the 75 and 80 foot
frontages is approved, but the suggested plan of having not more
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14
ASHFORD GREENS
I I
I I
I I
I I
than two 75 foot lots in a row since the 75 foot lots do not meet
the R-4 requirements, which violation can be granted in a planned
development, but having two in a row does not conform to lots in
Cherry Lane Subdivision Nos. 1 and 2 or what has been planned in
the Steiner Development at the golf course; that it is concluded
that the dispersal of the 75 foot and 80 foot lots should be
considered by the City Council in its consideration of this
concept.
13. It is further concluded that the concept for development
of the medium density, in general, without specificity because
there was no specicifity, should be approved by the City Council,
except as noted below and subject to the suggested conditions of
approval submitted by the Applicant, specifically including
submission and approval of a detailed application for development
and the Applicant meeting the requirements of 11-9-607; that the
concept of R-8 density, of eight units per acre, is not recommended
to be approved because no plan was ' submitted for development of the
medium density; however the concept of having townhouses,
condominiums, or possibly cluster homes, is recommended to be
approved. That it is recommended that the City reserve the right to
place appropriate conditions on the medium density application in
accordance with ordinance requirements.
14. It is also the Commission's believe that an R-8 density,
is too dense to be harmonious with the existing development,
particularly if the R-8 means eight units to the acre including
roads, curbs, gutters, and sidewalks for those units; without a
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15
ASHFORD GREENS
plan to show how the medium density areas would be laid out to show
how a greater density would be worked into the number of acres, it
is very difficult for the Commission to recommend approval of the
medium density concept with the proposed R-8 development; under the
current R-8 requirements if the units were single family dwellings
there could only be approximately 6.5 units to the acre without
including space for roads, curbs, gutters and sidewalks, and those
areas must be figured in; if there were two family dwellings there
could only be five two family dwellings in an acre, not including
space for the roads, etc.; that the medium density development has
been recommended for approval as above stated, but it is
recommended that the City Council take a strong look at the R-8
development as proposed by the Applicant.
15. That Section 11-9-607 G. 8. provides that all Planned
Development shall be subject to design review by the City staff and
Council; that it is recommended that this section be a requirement
and Applicant required to comply with it.
16. That if the conditional use permit is granted for the
planned unit development applied for, all ordinances of the City of
' Meridian must be met, including but not limited to, the Zoning
Ordinance and the Subdivision and Development Ordinance, both as
modified by Section 11-9-607 of the Subdivision and Development
' Ordinance, the Uniform Building Code, Uniform Fire Code, Uniform
Plumbing Code, Uniform Electrical Code, the Fire and Life Safety
' Code, and all parking and landscaping requirements.
' APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16
' ASHFORD GREENS
u
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
RECOMMENDATION
VOTED ��-
VOTEDhl)
VOTED
VOTED 1-1
VOTED n/1�
The Meridian Planning and Zoning Commission hereby recommends
that this matter, the concept of a Planned Development -
Residential should be approved under the conditions stated above in
these Findings of Fact and Conclusions of Law; that recommended
approval is of the concept without general approval of any
specifics; that any ultimate approval should be subject to all City
ordinances, specifically including design review and plat approval
under the procedures of the Subdivision and Development Ordinance.
MOTION:
APPROI
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17
ASHFORD GREENS
1
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions this -;:2'0 day of (,� , 1994.
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVED-L,--'/-e-,4r
DISAPPROVED
rj
VOTED
VOTED -
VOTED.
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - A-474-� 2eje
69i2c6 ?�16rn Cis-67-�'n��t�
MOTION
I hereby move that the Meridian City Council accepts the
' recommendation of the Meridian Planning and Zoning Commission to
approve the concept of Brighton Corporation's residential planned
development, as supported by the Findings of Facts. and Conclusions
' of Law adopted 12-2-94, and approves of the Ashford Greens Planned
Development Residential Concept Plan, as submitted by conditional
use permit application, subject to the following conditions:
The maximum gross density concept of the entire project
represented to be 3.59 units per acre (444 units) is approved.
2. The general elements of the concept plan pertaining to the
single family lot area with the private drives, flag lots,
cul-de-sacs and block lengths shown, is conceptually approved,
with the changes required below.
3. There shall not be more than more 65 lots with seventy-five
(75) foot frontages and there shall not be two 75 foot lots
side by side.
4. That in no case shall the single family lots have less than 75
foot frontage, except on curves, cul-de-sacs or "elbows", as
allowed by Ordinance.
5. The City reserves the right to place appropriate conditions on
the single family lots and areas in accordance with Ordinance
requirements, including but not limited to: streets,
pedestrian walkways, planting and reserve strips, public sites
and open spaces, lineal open space corridors, pedestrian and
bike pathways, piping of ditches, pressurized irrigation,
access, parking, paving, striping, utilities, landscaping,
screening, drainage, and so forth, including provisions for
golf cart and pedestrian access to the club house from the
existing subdivisions.
6. A new preliminary plat must be submitted for the single family
portion of the development. The new preliminary plat, among
other things, shall show a new lay out of the single family
lots to meet the above requirements.
7. The concept of "medium density" parcels is approved
conceptually only.
8. The maximum gross density of the "medium density" parcels
shall not be eight units per acre and shall not exceed
units per acre.
9. Prior to any development of the medium density parcels, the
developer shall submit a detailed application and site plan
ASHFORD GREENS MOTION
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I I
Page 1
t for review and approval by the Planning and Zoning Commission
and the City Council.
10. The City reserves the right to place appropriate conditions on
the medium density areas in accordance with Ordinance
requirements, including but not limited to: streets,
pedestrian walkways, planting and reserve strips, public sites
and open spaces, lineal open space corridors, pedestrian and
bike pathways, piping of ditches, pressurized irrigation,
access, parking, paving, striping, utilities, landscaping,
screening, drainage, and so forth, including provisions for
golf cart and pedestrian access to the club house from the
existing subdivisions.
' 11. The applicant shall work with City staff and ACHD to address
the connection of Interlachen to Dawson Drive. Said
connection, if required, shall be designed to minimize speed
' and shall be included in any consideration for development of
the medium density parcel, shown as Lot 5, Block 22. Upon
approval of the connection by the City, the applicant shall
provide a revised overall Master Plan/Preliminary Plat
' incorporating that revision.
12. Section 11-9-607 G. 8., provides that all Planned Developments
' shall be subject to design review by the City staff and
Council and therefore this section is required to be met.
13. Section 11-9-607 D, PROCEDURES FOR PLANNED DEVELOPMENT,
states:
"All applicants shall follow the procedures as provided in
Section 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION
APPROVAL. In addition, the developer shall provide the
Council with a colored rendering of adequate scale to show the
completed development that will include at least the
following:
1.
Architectural style
2.
Building -materials
3.
Landscaping;
4.
Screening;
5.
Garbage areas;
6.
Parking; and
7.
Open space."
and building design;
and color;
The Applicant has not submitted this rendering. As a
condition of this concept approval, this Section shall be met
by the Applicant.
14. Section 11-9-607 E, MODIFICATION OF DISTRICT
states:
IASHFORD GREENS MOTION
REGULATIONS,
Page 2
"A PD shall be governed by the regulations of the district or
' districts in which said PD is located. The approval of the
Final Development Plan for a PD may provide for such
exceptions from the district regulations governing use,
' density, area, bulk, parking, signs, and other regulations as
may be desirable to achieve the objectives of the proposed PD,
provided such exceptions are consistent with the standards and
criteria contained in this Section."
Since the property is in an R-4 district, the Applicant and
the City shall be guided by the R-4 requirements. The density
' of the entire project is within the four units per acre
requirement of the R-4 district even though there is a medium
density provision in the development of the entire area. The
other requirements of the R-4 district may be varied to meet
the objectives of this proposed planned development, as long
as they are desireable. A detailed development plan for the
medium density and a new preliminary plat of the single family
t layout is necessary so that they can be reviewed to determine
if the exceptions to the R-4 requirements are desireable.
15. The new preliminary plat and detailed application and site
plan for the medium density shall be reviewed and approval by
the Planning and Zoning Commission and the City Council,
tmeeting all required procedures.
16. That with this approval of the residential planned development
concept, it is appropriate for the City to complete the
t annexation of the twenty-five acres along the south side of
the development and that prior to passage of* the annexation
ordinance, the Applicant deed the golf course property,
' included as part of the residential planned development, to
the City.
IASHFORD GREENS MOTION Page 3
_f f
1
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
STEINER DEVELOPMENT
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELnDMTPrTT
NORTHWEST OF CHERRY LANE VILLAGE NO. 1 __
E.0 1: 1�'
5 .C`3
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
on January 13, 1998, at the hour of 7:00 o'clock p.m., the
Applicant, appearing through its representative, Steve Bradbury,
the Planning and Zoning Commission of the City of Meridian having
duly considered the evidence and the matter makes the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
notice of--a-public- hearing on the application for"the
conditional use permit and application for annexation and zoning
was published for two (2) consecutive weeks prior to said public
hearing scheduled on January 13, 1998, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the January 13, 1998 hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were available tc
newspaper, radio and television stations.
2. The property is located within the City of Meridian at
FINI'iINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
the Northwest of Cherry Lane Village No. 1. The property is
' described in the application for a conditional use permit, which
' description is incorporated herein as if set forth in full. The
Applicant is the owner of record of the property.
' 3. Pursuant to the application, the property is presently
zoned as R-4, Low Density Residential District. The proposed use
1
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0
of the property is to construct 37 single family, 3 duplexes, 1
triplex. The Applicant presented a site plan depicting the
location of the proposed use. Pursuant to the application, the
Applicant agrees to pay any additional sewer, water or trash fees
or charges, associated with the use, whether that use be
residential, commercial or industrial.
4. That the R-4 District is described in the Zoning
Ordinance, 11-2-408 B. 3., as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT• Only single-
family dwellings shall be permitted and no conditional
uses =shall -be -permitted except for Planned Residential
Development and public schools. The purpose of the (R-
4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominately residential development has,
or is likely to occur in accord with the Comprehensive
Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District
allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal Water and
Sewer systems of the City of Meridian.
5. That the planned residential development of 37 single
family dwellings, 3 duplexes and 1 triplex in a district of R-4
Low Density Residential, as proposed by the Applicant, is an
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
1
allowed conditional use in the R-4 District.
' 6. That the subject property is presently vacant.
7. That sewer and water is available to the property and
is required.
' 8. Mr. Steve Bradbury testified as follows; that Steiner
Development is requesting approval of a preliminary plat and
conditional use permit for a residential subdivision. The site is
8 3� acres and located east of Black Cat between Ustick and Cherry
' Lane. The parcel was originally part of Ashford Greens
' Subdivision but the developer did not exercise its option on the
property, so Steiner Development did. Mr. Bradbury further
testified that the proposal calls for 37 single family detached
units, 3 two unit townhouses and one 3 unit townhouse for a total
1 of 46 separate living units. That works out to about 5 % units per
tacre over the 8 M acres. The proposal also calls for a private
street- on -a- forty- two- foot--right--of=way -with -a--five -foot sidewalk
' on one side. The sidewalk would be around the outside perimeter.
The lots became smaller due to the 20 foot sewer easement to make
' a common lot. The lots are now about 3500 square feet. Before
their testimony there was much discussion and figuring on the lot
sizes to help solve the problem. At present the smallest lots are
up to about 4,000 square feet, but could be up to 4500 square
feet. The average lot size is approximately 5700 feet across the
' subdivision. Minimum square footage of homes is 1304 square feet.
Mr. Bradbury pointed out the seven different house plans; list of
1
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
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the various numbers of units, and the square footage. The square
footage ranges from 1304 up to 1785, and'the proposal is to have
14 of them. Mr. Bradbury pointed out most of the homes would be
larger than the minimum sizes. Each unit will have a two car
garage and front driveways, which allows accommodation for two
additional vehicles, for a total of four vehicles for off street
parking per unit. All the units will be single story. The
setbacks are in accordance with the code, except for the request
that the front setback be reduced to 15 feet from the required 20
feet, and the street setbacks be reduced to 15 feet from the
required 20 feet. This would be similar to the concept and design
to the Lake at Cherry Lane Subdivision #6. This would not be
restricted to just senior housing.
Commissioner Johnson was pleased with the presentation and
Commissioner Smith also acknowledged it was a good site plan and
-it- deserved- decent --homes; -- .Commissioner Smith also questioned if
they were going for a variance on the minimum lot size, and the
front yard setback, even though the blueprints states the minimum
lot size is 8,000 square feet, and the front building setbacks to
be 20 feet. Mr. Bradbury responded what is seen on the blueprints
are the required sizes for an R-4 zone, but it is not what is
proposed. Commissioner Smith clarified what the applicant is
wanting, and that is, a 15 foot yard setback, and the smaller lot
sizes would be for the two unit townhouses.
Commissioner. Borup had a clarification on the conditional
FINDINGS OF FACT ANDCONCLUSIONSOF LAW - Page k.
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
1
use, and whether the changes would be reflected on the plat before
' it is recorded.' Mr. Bradbury confirmed that it would be part of
the planned unit development. All the plat notes will be
' reflective of the true state of affairs not just a recitation of
' the standard ordinance requirements when it is recorded.
- 9. Vern Moore questioned if there was going to be a 20
' foot sewer easement behind the property, and if it would be a
walking path, golf lane, golf cart lane or just what? He also
wanted to know what lot the triplex would be built on. His last
' question was if there was a possibility of hooking into their
pressurized irrigation system.
' 10. Gordon Margulieux gave the following testimony
regarding his concerns. His first concern was the lot size due to
' the sewer right-of-way easement and how nothing could be built on
' it. Additionally, lot 2 would be for single families not the
duplex, -and it_would be about 3100 square feet. Apparently, what
was mentioned at the hearing is a revision which he desired to see
the revision. Presently it is 3100 square feet which is quite a
' bit different than the 8000 square feet which is R-4. Ashford
Greens in their proposal was looking at apartments and units of
'
apartments, about 8 units of apartments per acre which would be 5
% per acre. These would be individual homes with over half of
them on lots ranging from 4500 to 5100 square feet, with some
being 8400 and 6700 square feet. He feels these lot sizes are
consistent with the Cherry Lane Subdivision No. 1. He is looking
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
t STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
forward to the completion of the subdivision. He continued with
the comment that his house was the first in the subdivision on lot
3 adjacent in the Cherry Lane #1 Subdivision. Another
consideration is the street; that the street will be ten and a
half feet longer or farther out than the current house, and the
street belongs to Ada County Highway District. The plans also
show the sidewalk will be moved. He also commented on what would
happen to the small section which belongs to the ACRD and how it
would be handled for the corner homeowner. He inquired if there
would be a separate home owners association with just that section
of houses, not part of Cherry Lane Subdivision Home Owners
Association; that they will maintain the path.
11. Barbara Moore's testimony pertained to the 20 foot
sewer easement and what was going to be done with it. She
questioned if their property line was longer; if it goes out to
the street or if their property went 10 feet back. into the
easement. She thought there was a discrepancy between the two
maps.
12. Steve Bradbury addressed Mrs. Moore's questions by
stating the intention was not to include the sewer easement as
part of the pedestrian pathway; that it would be included as part
of the side yard and landscaped.
Further comments from Steve Bradbury addressed where the
three unit townhouses will be located. Regarding the discrepancy
in the length of. the street, he felt Keith Jacobs, the engineer
FINDINGS OF FACT AND CONCLUSIONS OF LZ -.W -
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
Page 6
1
11
11
who prepared the plat, could better answer the question. They
wouldn't plat something they didn't own or didn't match up.
Taking out the 20 foot sewer easement calculated the lot to be
4000 square feet. One way to accomplish that would be to move the
small road a little further up. With some adjustments they feel
the concern over the lot could be solved.,
13. Gordon Margulieux's last two questions concerned
whether or not the sewer line would be on a separate lot, and
about the pressurized irrigation. Steve Bradbury responded the
staff had suggested the sewer easement be made a separate common
lot and the developers agreed to it. Regarding the pressurized
irrigation and if the Margulieuxs could hook in to it, Mr.
Bradbury commented that it has not been discussed with the
developer, but could more than likely be accomplished. The issue
of water rights as to where they could be applied, and to obtain
approval from the Nampa & Meridian Irrigation District to include
properties outside the platted subdivision was brought up.
Additional comment included whoever is hooked to the pressurized
irrigation would be billed by Nampa & Meridian Irrigation District
for a part of the costs of operation and maintenance, which the
Margulieuxs would need to consider.
14. Commissioner Smith had one final question regarding the
reason why they are going for smaller lot sizes and narrower
streets as opposed to the standard R-4 requirements. Mr. Bradbury
stated the developer is trying to provide a variety of housing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
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1
1
1
1
1
1
1
1
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types and uses for the area. The developer feels there is a
market'for this type of subdivision, and the surrounding Ashford
Greens Subdivision has part of this type of area.
Pertaining to the street, a private street would be owned and
maintained by the home owners association and would not be used by
the regular public. This street would be limited to a great
extent and that is why the typical 50 foot right-of-way would be
required.
Commissioner Johnson's last comment was, "But it's the
location and the fact that it's a unique market and that's why the
developer thinks it will work. Right?" Mr. Bradbury responded
affirmatively.
15. Steve Bradbury, representative for the Applicant,
requested the previous testimony be incorporated into the hearing
on the matter.
16.- - Bruce. __Freckleton, .--Assistant- to ---the -City -Engineer, and
Shari Stiles, Planning and Zoning Administrator, have submitted
comments, which respective comments are incorporated herein as set
forth hereafter.
1. Sanitary sewer service shall be by extension from the
existing main line in Interlachen Way. Approval will
be contingent upon or ability to accept the additional
sewage generated by the proposed development. The
subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer
manholes to be provided to keep sewer lines on the
south and west sides of centerline. Profiles submitted
for preliminary sewer design indicate a portion of the
main line in Interlachen Lane will have less than the
minimum three feet of cover from top of pipe to finish
grade. This portion of the project site may have to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
1
1
filled in order to achieve the required cover.
2. Water service to the site will be by extensions of the
existing main installed in Interlachen Way. Applicant
to construct the water mains to and through the
proposed development. Subdivision designer to
coordinate main sizing and routing with the Public
Works Department. Water service is contingent upon
positive results from a hydraulic analysis by our
computer model.
3. Identify the source for the pressurized irrigation and
whether the system will be owned by Nampa -Meridian
Irrigation District or private. If the system is to be
private, plans and a draft copy of the O & M Manual
must be reviewed and approved by the Public Works
Department as part of the development plan review
process. Any proposal for a supplementary connection
from the City's water system would need to be reviewed
due to the size of the area to be watered. The
developer will be responsible for the payment of
assessment fees for the common areas.
4.
I - I
Streetlights shall be two -hundred -fifty -watt and/or
one -hundred watt, high pressure sodium and to be at
locations designated by the Public Works Department.
Streetlights to be installed at subdivider's expense.
--Typical- locations, are at street intersections and/or
fire hydrants.
5. Submit for review and approval a detailed landscape
plan for the common areas and to include fencing,
pathways and types of construction with the submittal
of the final plat map. A letter of credit or cash
surety will be required for the improvements prior to
signature on the final plat.
6. Along the Eight Mile and Safford Laterals a non-
combustible fence needs to be installed prior to
applying for building permits. Fencing needs to be set
back from the top of bank to alleviate inherent
problems with eroding slopes. Construct six -foot -high,
permanent, non-combustible perimeter fencing except
where the City has expressly agreed, in writing, that
such fencing is not necessary. Fencing is to be in
FINDINGS OF FACT AND CONCLUSIONS
' STEINER DEVELOPMENT - CONDITIONAL
PLANNED UNIT DEVELOPMENT (R-4)
u
11
OF LAW - Page 9
USE PERMIT -
place prior to applying for building permits. Fencing
shall be set at the existing easement line, unless an
encroachment agreement is granted by the Nampa -Meridian
Irrigation District.
' 10. Proposals for Planned Unit Developments will include a
minimum .of ten percent common area, which means land
area exclusive of street rights-of-way, buildings,
parking areas, structures, and appurtenances except
' those improvements which are accessible and available
to all -occupants -of the private units -within the PD.
' 11. The Homeowners Association shall own and maintain the
sewer easement area, and it will be platted as a common
lot. The two adjacent lots will be 3,500 square feet
or less. Provide lot closures for all lots to verify
square footage.
12. Storage areas will be provided, such as, one adequate
space for every two living units. This may be reduced
' by City action if there is a showing that the needs of
a particular development are less.
' 13. One additional parking space beyond the required Zoning
Ordinance should be required for every -three dwelling
units to accommodate visitor parking. Parking areas
may be. no closer than four feet to any established
street or alleyway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
frontage
7. A total of 24.84 feet for the triplex lots
appears to be grossly deficient. Driveways are to be
'
offset a minimum of five feet from property lines,
leaving only 14.84 feet for a driveway. The duplex
lots in the southeast portion of the property have a
combined frontage of only 22.7 feet.
8. No parking will be allowed at any time along streets
less than required by ACHD policy. The homeowners
association will be responsible for enforcement of this
no parking area.
'
9. A letter of approval from the Meridian Fire
pp Department
and Meridian School District for the roadways as shown
or revise to comply with their requirements.
' 10. Proposals for Planned Unit Developments will include a
minimum .of ten percent common area, which means land
area exclusive of street rights-of-way, buildings,
parking areas, structures, and appurtenances except
' those improvements which are accessible and available
to all -occupants -of the private units -within the PD.
' 11. The Homeowners Association shall own and maintain the
sewer easement area, and it will be platted as a common
lot. The two adjacent lots will be 3,500 square feet
or less. Provide lot closures for all lots to verify
square footage.
12. Storage areas will be provided, such as, one adequate
space for every two living units. This may be reduced
' by City action if there is a showing that the needs of
a particular development are less.
' 13. One additional parking space beyond the required Zoning
Ordinance should be required for every -three dwelling
units to accommodate visitor parking. Parking areas
may be. no closer than four feet to any established
street or alleyway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
14. A maintenance building or approved area will be
provided for suitable services required for the repair
and maintenance of all common areas.
' 19. Darken up the contour lines on the blueline prints with
the revised plat map.
' 17. Kenn Bowers, Chief of the Meridian Fire Department,
Y P ,
' requests all codes need to be met.
18. The Central District Health Department, prior to their
approval, requires written approval from the appropriate entities
pertaining to the central sewage and water approval. The central
sewage and central water plan must be submitted to and approved by
' the Idaho Department of Health and Welfare. Run-off is not to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
1
15. Provide a master street drainage plan showing method of
'
collection and disposal.
16. Provide detail of pedestrian walkway/golf cart access;
'
also gates within the development. Interlachen must be
continued through the development to provide access to
the future golf course clubhouse. ACHD's initial
comments were that Interlachen Way must be continued
'
through the development as a public roadway, but the
agency is rethinking that requirement.
'
17. If therivate road i
p s approved, a blanket easement for
public utilities will be included. The proposed
'
covenants for the subdivision will specifically address
provisions for a sinking fund to provide maintenance of
the roadway and replace the roadway within a 20 year
'
period.
18. Provide a minimum ten percent open space. Donations
have been made to the City golf course, but were not a
part of the development.
' 19. Darken up the contour lines on the blueline prints with
the revised plat map.
' 17. Kenn Bowers, Chief of the Meridian Fire Department,
Y P ,
' requests all codes need to be met.
18. The Central District Health Department, prior to their
approval, requires written approval from the appropriate entities
pertaining to the central sewage and water approval. The central
sewage and central water plan must be submitted to and approved by
' the Idaho Department of Health and Welfare. Run-off is not to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
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create a mosquito breeding problem. The storm water management
plan, and an inventory form needs to be completed and submitted to
the Central District Health Department.
19. The Nampa & Meridian. Irrigation District submitted
comments, which respective comments pertain to the right-of-way of
the Eight Mile Lateral. of 50 feet; 25 feet from the center each
way. The developer must contact John P. Anderson or Bill Henson
for approval before any encroachment or change of right-of-way
occurs. A Land Use Change/Site Development application is
required prior to final platting. All laterals and waste ways
must be protected. All municipal surface drainage must be retained
on site. If surface drainage leaves, the Nampa & Meridian
Irrigation District must review drainage plans. The developer
must comply with Idaho Code 31-3805.
20. There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning
Act and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-
418 of the Zoning And Development Ordinance of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT
PLANNED UNIT DEVELOPMENT (R-4)
3. The City has the authority to take judicial notice of
' its own ordinances, other governmental statutes and ordinances,
and of actual conditions existing within the City and the State.
4. The property is currently zoned (R-4) Low Density
' Residential District. The (R-4), Low Density Residential District
is described in the Zoning Ordinance, 11-2-408 B 3. as follows:
' (R-4) LOW DENSITY RESIDENTIAL DISTRICT: Only single-family
dwellings shall be permitted and no conditional uses shall be
permitted except for Planned Residential Development and
' public schools. The purpose of the (R-4) District is to
permit the establishment of low density single-family
dwellings, and to delineate those areas where predominately
' residential development has, or is likely to occur in accord
with the Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the intrusion
of incompatible non-residential uses. The (R-4) District
' allows for a maximum of four (4) dwelling units per acre and
requires connection to the Municipal Water and Sewer systems
of the City of Meridian.
5. Conditional Use Permit is defined in the Zoning And.
' Development Ordinance, City of Meridian, Idaho as "Permits
allowing an exception to the uses authorized by this Ordinance in
a zoning district."
' 6. The City of Meridian has authority to place conditions
on a conditional use permit and the use of the property pursuant
' to Idaho Code, Section 67-6512, and pursuant to that section
conditions minimizing the adverse impact on other development,
' controlling the duration of development, assuring the development
' is maintained properly, and on-site or off-site facilities may be
attached to the permit; that 11-2-418 (D) authorizes the City to
' prescribe a set time period for which a conditional use may be in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
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existence.
t7. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
' Council may prescribe appropriate conditions, bonds,
and safeguards in conformity with this Ordinance.
Violations of such conditions, bonds or safeguards,
' when made a part of the terms under which the
Conditional Use is granted, shall be deemed a violation
of the Ordinance and grounds to revoke the Conditional
' Use. The Commission and Council may prescribe a set
time period for which a Conditional Use may be in
existence.
8. This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
' Zoning And Development Ordinance of the City of Meridian and upon
' the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and
' the record submitted to it and the things of which it may take
judicial notipe..
9. Section 11-2-418 C of the Zoning And Development
Ordinance of the City of Meridian sets forth the standards under
' which the Planning and Zoning Commission and the City Council
' shall review applications for Conditional Use Permits. Upon a
review of those requirements and a review of the facts presented
' and the conditions of the area, assuming that the above conditions
or similar ones thereto would be attached to the conditional use,
' the Planning and Zoning Commission concludes as follows:
' a. The use, would constitute a conditional use and a
conditional use permit would be required by
ordinance;
b. The use would be harmonious with and in accordance
FINDINGS OF FACT AND CONCLUSIONS OF L'iW - Page 14
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
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with the Comprehensive Plan and the Ordinance;
'C. The use would be designed, 'constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character
' of the general vicinity, and that such use will
change the essential character of the same area;
' d. The use would not be hazardous or disturbing to
existing or future neighboring uses;
' e. The use will be served adequately by essential
public facilities and services such as highways,
streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that
the person responsible for the establishment of
proposed conditional use shall be able to provide
adequately any such services;
' f. The use will not create excessive additional
requirements at public cost for public facilities
' and services and the use will not be detrimental
to the economic welfare of the community;
g. The use will involve uses, activities, processes,
' materials, equipment and conditions of operation
that will not be detrimental to any persons,
property or the general welfare by reason of
t excessive production of traffic, noise, smoke,
fumes, glare or odors;
h. The use will have vehicular approaches to the
' property which- shall be so designed as not to
create an interference with traffic on surrounding
public streets; and
' i. The development of the property will not result in
the destruction, loss or damage of a natural or
' scenic feature of major importance.
It is recommended that the conditional use permit be granted
' in this case.
' 10. It is recommended by the Planning and Zoning Commission
that the previous comments by the Planning and Zoning
' Administrator, Shari Stiles, and Assistant City Engineer, Bruce
FINDINGS OF FACT PM CONCLUSIONS OF LAW - Page 15
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
i
Freckleton, be incorporated along with the following conditions if
a conditional use permit is granted.
'
1.
Any existing irrigation/drainage ditches crossing
the property to be included in this project, shall
be tiled per City Ordinance 11-9-605 M. Plans
will need to be approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
'
approval submitted to the Public Works Department.
2.
Any existing domestic wells and/or septic systems
within this project will have to be removed from
'
their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic
purposes such as landscape. irrigation.
'
3.
Determine the seasonal high groundwater elevation,
and submit a profile of the subsurface soil
conditions as prepared by a soil scientist with
street development plans.
4.
Submit copy of. proposed restrictive covenants
'
and/or deed restrictions for review by the
Meridian City Attorney.
'
5.
Provide five -foot -wide sidewalks in accordance
with City Ordinance Section 11-9-606
B.
6.
Submit a letter from the Ada County Street Name
'
Committee, approving the subdivision and street
names. Make any corrections necessary to conform.
7.
Coordinate fire hydrant placement with the
'
Meridian Public Works Department.
11. The
above -conditions are concluded to be reasonable and
the Applicant
shall meet these conditions.
' 12. It is recommended that the request for the conditional
use permit be granted.
1
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
' STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
1
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and 'Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP VOTED
COMMISSIONER MACCOY VOTED
COMMISSIONER SMITH VOTED
COMMISSIONER NELSON VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that it approve the
Conditional Use Permit requested by the Applicant for the property
described in the Application. The Applicant shall satisfy the
conditions set forth in the Findings of Fact and Conclusions of
Law or similar conditions as found justified and appropriate by
the City Council and that the property be required to meet the
water and sewer requirements, the Fire and Life Safety Codes,
Uniform Fire Code, parking requirements, and the paving and
landscaping requirements, and all Ordinances of the City of
Meridian. The conditional use should be subject to review upon
notice to the Applicant by the City.
MOTION:
APPROVED: DISAPPROVED:
2-05-98 - Changes and Draft
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
STEINER DEVELOPMENT - CONDITIONAL USE PERMIT -
PLANNED UNIT DEVELOPMENT (R-4)
Page 17
LJ, 77
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KITCHEN INE09 ENTRY
----------------------
--------------------------------------
NOOK��,,
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1653 sq ft
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1
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'
'I'llE LAKES AT
'CH E.RRY LANE'
-
..
P.O. Box 1.90472
Boise, Idaho 83719
• (208) 884-0314 •
'
Fax (208) 884-2086
'
PRODUCT MIX
PLAN
# OF
BED-
BATH -
NO.
S.F.
UNITS
ELEVATION
ROOMS
ROOMS
GARAGES
1
1304
4
2
2
2
2
2
1653
4
2
3
2
2
'
3
1679
4
2
3
2
2
'
4
1699
11
2
3
2
2
5
1785
14
2
3
2
2
'
6
duplexes
3
1
2
2
2
(1323)
'
7
triplex
1
1
2
2
2
(1318)
1
1
'
COLDWELL BANKER
Aspen Realty,
Inc. • Laurie Burchfield
(208) 884-1300 • Jeff Dohrman (208) 377-2310
+•''- palntingTv: '�sa�re llStsttseaie.,;!JP9p91"(hll�tll�.III?",I�PI�n��i91nllahW;ly"
a . u . iaui u a
Tmo sf�fe ' ance o s yon _ Year limited warnartty ii, er aeusef , �u,. .R"li
., aiii aMa d w h Sle ection �u III
F;
u5pe �' or mida�oi�i r stand-ueninupdte ials'andrworkma,nship�whtcli-; pa u6 „I u;
fiM vw moisture=abso �iop ryl; l mearisyou'donFthatietolwoVif there spa,
"?r""i ?:f." 1.G �'�iN IIIE' �i�N,� y';! md�, ,?,.;,�, r u ��,� '� �eelc lete a hca �, ��� Grooving SurfacehTextureli P�Id,, h
%.y `. " f` man acttirin r'oblem IS ,, 6TO - ,.. pp
16s.lengths,,e.,peu,e„u�PlIeI7fau'�oS "'', i�� {iFl ,:: n G .;„. 9 Pi i .fit Patterm OId MIU p jii Smooth
P v , 9. ess�niaste. P
budclings.,Less cuff m a d l p tions andmarran for details,, .
pp �y�j �y p � ,, tion ,,ins
{I K•” tG ''fNLarge"St�►I t On�AVallakblegn �Id MIIITM' 4 X I'I VA
r 7 I, 4 e selec
Self=alignmgdestgn�Coraes�wrth "aself y R, °
aligning feature';a g'It@uch'easferlto install textured.cedarlsurf, ace, and yourchoice ofl4 5 5' X UA
ail �,n II andh8 u,groove patterns giving�;you manyi,design
It goesiup fastef�an��saves labor, costs lq,i�,i i, r' X t/A
�.• di �l, ���;, andstyle.options for�'a vanety'oftarchiteetural
tective ac a m available ly ti li
Best; ro k d
iP 9 9� �� effects (Also available on a.hmlted basis with X 'Standard productmn tem
Reduce's handling costsan�tlNtlamag'eNUvalll'�Ihdu , Y' a smooth surface simulating the look.ofl'
�11!UA:—'Limnedlavailahility
Trainedfield'engi"rieers/Provide'itechnical finished redwood.
support and jobis'ite.applicaUomtrainin9 Availability /Field inventories available through
CompleteGine:of,accessories/La'p joint Weyerhaeuser's convenient local distribution
connectors and corners are available for,all your network means siding is delivered where you
project needs. need it and on time:
t.
1
Habra
' , •
Stucco
;,e Division of La Habra Products Inc.
X-97 PACIFIC SAND (BASE 200)
X-12 CHABLIS (BASE 100)
X-27 MONTEREY (BASE 100)
X-504 BLUE GREY (BASE 200)
�X-16 SILVER GREY (BASE 200) j
S •
r -
its t r f f � * s V ,.', •. �.
{ X-28 MIRAGE (BASE 200)
X-55 FRENCH VANILLA (BASE 100)
X-81 OATMEAL (BASE 200)
X-575 CANYON (BASE 200)
'
CAMBRIDGE
IKO CAMBRIDGE Ul 11itval.
premium architectural shingle
finest raw materials, the most rigid quality
' control standards and the most modern manu-
' factoring techniques available. IKO CAM-
' BRIDGE L7acrat 8]]1j jdo vvprovides a Class
' "A" fire rating with a desirable wood shake
appearance. New, blended shadow bands
create this Ultra Shadow appearance which
' enhances the look of this shingle by providing
a thicker, more random wood shake appear-
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Specifications
ASTM D 3462 Length 39 3/16"
'ASTM D 3018 Type I Width 14 3/8"
ASTM D 3161 Exposure 6 1/8"
ASTM E 108 Weight 247 lbs./sq. (approx.)
F.M. Listed Class "A" Coverage 33.3 sq. ft../bdle.
' for fire resistance
r
For more information about CANIBRIDGE 25 contact
your local roofing distributor or call IKO at 1-800-441-
' 7296. IKO, 120 Hay Road, Wilmington, DE 19809
1
if j 1i it lr �1 VKO
a CAN1BRlDG
(_01011- .availability
made from the
Dual Black Ultra
Dual Brown Ultra
Earthtone Cedar Ultra
Driftwood Ultra
Weatherwood Ultra
pewter Grey Ultra
Slate Ultra
Charcoal Grey Ultra
Note: Shingle colors shown are as accurate as modern
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CAM ULTRA 1/95