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HomeMy WebLinkAboutHaven Cove No. 5 VAROFFICIALS WILLIAM O. BERt3, Jr., Clty Clerk JANICE L t3ASS, Clty Treasurer GARY D. SMITN, P.E. City Enplneer BRUCE D. 8TUART, Water Works Supt. JOHN T. SNAWCROFT, Waste Water Supt. OENNIS J. SUMMERS, Parks Supt. 8NAR1 S. STILES, P ti Z Adm. KENNETN W. BOWERS, Fln Ch1ef W. L "BILL" OORDON, Polloe Chlsf WAYNE Q. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (20S) 888433 • FAX (IUB) 8t7~4613 Public Works/Builditt8 Dep~rgneM (ZOO 887-?ZI 1 GRANT P. ICINGSFORD ~Ya COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINOTON ROBERT O. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JONNSON, CAMrman MOE AUDJANt RL~~~ 8~ ~D JIMSNEARER CNARUEROUNTREE TIM NEPPER N O V 1 3 1595 CITY (~ A~ERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28, 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 1215/95 REQUEST: Variance Request for length of cul-de~ac from 450' to 476.50' BY: Interwest Develoament LOCATION OF PROPERTY OR PROJECT: Haven Cove Subdivision NO. S JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORO, MAYOR RONALD TOLSMA, C/C 606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUR CLAMATION{PRELIM >~ FINAL PLAT) ,,_t., OTHER: YOUR CONCISE REMARKS: f L CITY OF MER[DIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Interwest Development- PLIUNE: 385-0558 (Owner or holder of valid option) ADDRESS: 3350 Americana Terrace Ste. 100 Boise, ID 83706 GENERAL. LOCATION: E #, SE ~a, NW ~a, Section 11, T. 3 N. , R.1 W. , B.M. LEGAL DESCRIPTION OF PROPERTY: Attached. PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed, zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A List of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor. ) DESCRIPTION OF PROPOSED VARIANCE: Length of cul-de-sac from 450' to - ------- __`_.____._476`50' ,_.We _ have placed_ a fire~drant_ aperoximate1~195' from__ the end of the cud-de-sac for fire protection for those lots. T SIGNATURE: `~~Q,,«~. ~~.pr~, CITY COUNCIL RECORDS Date Recieved City Council Hearing Date Received by • • VARIANCE APPLICATION for HAVEN COVE No. 5 (Amended Preliminary Plat) 1. The address of the subject property is 2470 W. Pine Ave. Meridian. 2. The applicant is Interwest Development, 3350 Americana Terrace Ste. 100, Boise, 83706, 385-0558. 3. The owners of the property is the same as the applicant for this variance request. 4. Proof of ownership of the property. is attached. 5. The legal description for this property is attached. 6. The subject property at this time is vacant. 7. The property is planned to be developed into a single-family residential subdivision. 8. The zoning for this property is currently R-4. 9. We have attached a vicinity map in a scale of 1"=300'. This map also show land within 300' of the boundary of the property. It shows all streets within and adjacent to the subject property as well as the lot lines within the proposed subdivision. 10. Our preliminary plat has the proposed location of all sewer and water lines to service each lot, including pressure irrigation, fire hydrant and street light location. 11. The list of mailing addresses for the property owners have been obtained from the Ada County Assessor and is attached. 12. Due to the dimensions of the property, the layout of the cul-de-sac as is shown is the best design when re-designing the subdivision to put the entrance road to the West as we have. 13. The Ordinance states that cul-de-sacs are to be a maximum of 450' long. We would like to have this variance approved to allow our cul-de-sac to be 476' in length. 14. The difficulty which would result with compliance of this Ordinance is the project would have to be totally re-designed to make maximum use of the South East corner of the property. 15. In order. to .reduce the number of entrances on Pine Ave., a collector,. we moved the entrance from Pine to our subdivision to the West so it could service property to the West in the future. With that re-design, and the physical constraints of construction on the property to the North, and the location of an existing house on the 16. 17. 18. property at the South end, the best way to utilize this corner of the property was to put the cul-de-sac where it is. An existing house on the South, existing construction to the North, and planning to reduce the number of entrances on Pine Ave. are special circumstances which exist make this design optimal. We moved the entrance road as requested by the adjoining property owner. Variance is requested to accamiodate our adjoining property owner, the existing home and the physical dimensions of the parcel. Because of the physical dimensions of the property and the existing location of a home, this was the best design to utilize the South East corner of the property. • • 19. Granting this variance simply allows the project to have a cul-de-sac 25' longer than allowed by the Ordinance. Steps have been taken to accommodate the Fire Department in case of afire. Afire hydrant has been placed approximately 250' from the farthest point of the cul-de-sac. 20. This variance is not unusual to the R-4 zone. And the R-4 zone is compatible with the Meridian Comprehensive Plan where there is agricultural parcels near the project. 21. A fee has been paid in the amount of $ 278.38. 22. Granting this variance would allow us to use a better design to utilize the South East corner of the property but would not create more profit because there are no more lots than originally approved. 23. The property will be posted one week before the hearing and the required affidavit is attached as part of this application. M N O M N N d' ~I N I (L' ~ .I _ i 1 I v ~ri .I _ . ~ ~ ~~ . , ~._ r~ t Q ^l in ~ 3 v r7 ri a ~ ~ ; r ~ ~' D\\, Y ~) r ~ ~ tJ ~ ~ N .4~ '' J~, \ro •~ ~~~ a ~, ~' 1' '.~ i ~~~ J i j. / r`a'. ~~ y j` /I ~ ~~ J ~ , `,fir. v J T~„ _.. ~ hod N \J ~ 1• V N\ r~ ~ P~'\n .n , N ~ h ~ ~~ ~ ~-. M ~ ... / ' ~ v I r / _ ~ O !~ ~ m r~ ~p~ rn _ ° v_ _ ~ ~ O ~ '~ 4i ~ ro ti n N l~ ~ N ,~\V ~o. \J/~ m 7 -~ ~ / __~ _ ?•~ / ~ ~~ ~ O M ~ .~- rl ' ryy~_~ ~0 I ~l I _ ~/ - y v N ` `~~ ~ ~ N _ O~ N Q ~ -~. ~ ~ ~ C ~ S A _ - . r ~ x ~ '~ Nr `-° " ~ ~ ~'' e.+Y ~2t/lY?..11 .~._ .. .._. p ~ _ 79 IZ//lYJIiV r I s ~ i M N n ~ _.~r. r ~ s _.~ ~. r • ~ I r~ « .. q ~?r1 ~~ ~{ m r ~ ~' a ~ • rr . -- J A ~ A ~ n in ,D ; n ,~ Tq ~ • • - F mY .YQQlLli7 iY .. q ~ a ~ ~ ~ n o r~ Fj ~ .. M ~ ,, r c( J o. n ert _ _ ~ ~ ^ • • n i M .. n ^ a ~ ~ 3 R ~ N N ~ ~ ~ 0~ ~ .. « r r n r ~ .. t1 )RIQ~ ~. o _ r~ rn I I ~- v, I vO, N Q' tl ~ ~ ~ I 1 "' N o ~ I I • N U w ~ V1 N ~ Q Z r i . _.. z a ~~.. . _ _ I •~~~~~ ~. m' ~0 _.. _..--- ~- I ~ I ~ n 3 n I - _.. ~ ^~ - ~• ~ ~... N ~ I i 1 a ~ / I - _ ~ ~`° ~ - , -- *~ ~ ._ - r. m ~ p~ C. r t'~ N N ~ n r . 1 4~ 1 r1~r ,~ 1 ~ ~ ~~ ~/ CERTIFICATE OF OWNF_RS KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED ARE TFIF OWNERS OF THE REAL PROPERTY DESCRIBED BELOW IN AUA COUNTY, IDAHO AND THAT THEY INTEND TO INCLUDE THE FOLLOWING DESCRIBED PROPERTY IN THIS SUBDIVISION: A PORTION OF THE NORTH i/2 OF SECTION 11, T.3N.,R.iW.,BUISE MERIDIAN, ADA COUNTY, IUAHU, MORE PARTICULARLY DESCRIBED A9 FOLLOWS; COMMENCING AT ThIE NORTFI QUARTER CORNER OF SECTION II, 7'.3 N.. R.I W., O.M., AOA COUNTY, IOAFIU, THENCE S 00'09'49" W 1315,'!3 FEEL' '1'O A POINT' MARKFU UY A ?" GALVANIZED IRON P I PE WFI I CH ALSO BEARS ;; f2' b0' 28" E 2977.61 FEET FROM ThiE NORTFIWEST CORNER OF SAID SECTION II, SAID POINT IS ALSO TJIE POINT OF BEGINNING; THENCE N. B9'2U'UO" W. 862.34 FEET TO A POINT MARKFU BY A PIN, THENCE S. 00'07'84' W. 1318.80 FEET TO A POINT MARKED BY A PIN, THENCE S. 89'36'IA" E. 661.32 FEET TO A POINT MARKFU BY A PIN. THENCE N. 00'1U'3U" F. 1315.66 FEET TO THE POINT MARKFU BY A 2" GALVANIZED IRON PIPE, SAID POINT BEING TFiE POINT-UF-BEGINNING; CONTAINING 20.0129 ACRES, MORE OR LESS. • Affidavit of Canpliance • I, Mauna Olson, hereby promise to post the property addressed 2470 W. Pine Ave. one week before the public hearing to be held regarding our variance request for our project, Haven Cove No. 5. LQ~' ~ ' 7 S Mauna O on, Collins Engineering Co., Inc. Date State of Idaho) County of Ada ) SS On this 6th day of October, in the year of 1995, before me a notary public in and for said state and county, personally appeared Mauna Olson, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Mary /public ~o the Sta~e of Idaho esidi g at Boise Idaho My con4nission exp es W A R ii A N 'I' Y S E D ' FOYt VALUS RSC8IV8D Interwest Developm Corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, done hereby Grant, Bargain, Sall and convey unto Interwest Development Corporation, an Idaho Corporation, and Glenn F. Blaser, a married man, and Venice Rogers, an unmarried person The Grantee s, whose current address is 3350 /Unericana 't'errace I{100 Boise, ID 83706 the following described premises, in Acla County, Idaho, to wits The East half of t.•he Southeast Quarter of the Norl-Iswest qu:srl-er oC• Sect:ioss 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. • •~.. i i I ~ ~ ~ ~ r ~ev ~rp~p,,~.lryv ***AND the said CranLor do hereby coven:u:l to :md wiCh:.;the said (:rank • ~ shat they are t'hc owners in Cee simple oC said premises; that- they arc Cree L'rom all encumbrances EXCEPT: currenC year taxes, conditions, covenants, resCrictions, reserval-ions, easements, rights and rights of way, apparent or of record, TO HAVE AND To HOLD the said premises, with their appurtenances unto the said Grantees, their heirs and assigns foreves*** IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Diretors has its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this November 30, 1994 ,/ ~ •~ci A. Leon .alas r - ' 'j President ! ATTEST: ~.. L.,..r:l.^'~ (~~~('•.11. Bruce W. Blaser .• BTATE OF IDAHO, COUNTY OF Ada On this 3A(-h / -'' day of Dacrmh~r 19 44 bofore mo, a notary public i said State, personally eppeared A. Laois U.tauur Druce W. Dlaser known or.identi£ied to me to be the President ANll Secretary of the corporation that executed the•within instrument or the person who executed the instrument on behalf .sif''safd•corporation, and acknowledged to 1ne that such corporation executed the same. . t • ~ !; ~ otary Publi Residing at Boise • ~ , ~/:~i• Idaho , j Commissicn Expires.s Of>~19/00 • CERTIFICATE OF OWNERS KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED ARE THE OWNERS OF THE REAL PROPERTY DESCRIBED BELOW IN AUA COUNTY, IDAHO AND THAT THEY INTEND TO INCLUDE THE FOLLOWING DESCRIBED PROPERTY IN THIS SUBDIVISION; A PORTION OF THE NORTH i/2 OF SECTION 11, T.3N.,R.1W.,BOISE MERIDIAN, AOA COUNTY, IUAHU, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTFI QUARTER CORNER OF SECTION II, T'.3 N.. R.I W., 0.M., ADA COUNTY, IOAFIU, THENCE S 00'09'49" W 1315,73 FEET T'O A POINT MARKFU DY A ?" GALVANIZED IRON PIPE WHICH Al.SO BEARS 5 B2'&0'28" E 2977.61 FEET FROM T'HE NORTFfiNEST CORNER OF 6A10 SECTION II, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE N. 89'2U'UO" W. 882.34 FEET 70 A POINT MARKFU BY A PIN, THENCE S. 00'07'84" W. 1318.BU FEET TO A POINT MARKED BY A PIN, THENCE S. 89'36'14" E. 661.32 FEET TO A POINT MARKFU BY A PIN, THENCE N. 00'10'3U" E. 1315.66 FEET TO THE POINT MARKFU BY A 2" GALVANIZED IRON PIPE, SAID POINT BEING THE POINT-UF-BEGINNING; , CONTAINING 20.0129 ACRES, MORE OR LESS. • Affidavit of Canpliance I, Mauna Olson, hereby promise to post the property addressed 2470 W. Pine Ave. one week before the public hearing to be held regarding our variance request for our project, Haven Cove No. 5. LO-~o -QS Mauna O on, Collins Engineering Co., Inc. Date State of Idaho)SS . County of Ada ) On this 6th day of October, in the year of 1995, before me a notary public in and for said state and county, personally appeared Mauna Olson, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. ~tary~ublic ~o the Sta~(e of Idaho esidi g at Boise Idaho(/ i~Iy commission exp res W A li IZ A N 'I' Y ~E B D FOR VALUE RECEIVED Interweat Development Corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and convey unto Interweat Development Corporation, an Idaho Corporation, and Glenn F. Glaser, a married man, and Venice Rogers, an unmarried person The Grantee s, whose current address is 3350 Americana 'ferrate !1100 Boise, ID 83706 the following described premises, in Ada County, Idaho, to wits The East half of l-he Southeast QuarL•er of the Northwest quarter oL• Secl.ion 1]., Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. ,, .., ~ i I ~~ ~ ~ r ~ev ~t,~p,,flrn~ *~'~*ANll the sai.cl Grantor do liercby cuvcn:ml lu and wiCh.ahc: i;aicl (:ranLc•.) that they are the owners in Lee simple of said premises; Chat Lhcy arc tree Lrom all encumbrances EXCEPT: current year taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record, TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees, their heirs and assigns forevez*** IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Dirctors has its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this November 30, 1994 ~~< BY -~L~.- ~ ~:~~ct-.. A. Leon~Blas r - ~ - President ATTEST: ~.. L.~...z,L•l'~; ~~'~l:.l.c . Bruce w. Glaser .~ STATB OF IDAHO, COUNTY OF Ada On this 3Abi~s/-'day of December 19 9A bofore ms, a notary public i~ said State, personally appeared A. Leon Is.Laa.:r Bruce W. Blaser known or.identif.ied to me to be the President ANll Secretary of the corporation that executed the within instrument or the person who executed the instrument on behalf df''Baid•corporation, and acknowledged to fsse that such corporation executed the same. .,;, .. ~ ~~~_.. ! ,otary Publi Residirsg at Bci~==~ r , ~, ~//% j/ • Idaho , j Commis'sicn Expires.: 0/13/00 • • • Radial Mailing List 1. Larry & Nan Bockelman - 1288 N. Rutledge Ave. - Meridian - 83642 2. Timothy & Lisa Austin - 2548 W. Willard St. - Meridian - 83642 3. Vernon & Janice Young - 1222 N. Rutledge Pl. - Meridian - 83642 4. Gil & Kerry Maclennan - 1210 N. Rutledge Pl. - Meridian - 83642 5. Mike & Tracey Ferry - 1229 N. Rutledge P1. - Meridian - 83642 6. John & Christie Schwary - 1251 N. Rutledge P1. - Meridian - 83642 7. Charles & Nan Hall - 2398 W. Santa Clara Dr. - Meridian - 83642 8. Gary Anderson - 2455 W. Willard St. - Meridian - 83642 9. David & Diana Parker - 2481 W. Willard St. - Meridian - 83642 10. Jeffery & Margret Miller and Robert & Eileen EbenYihn 2497 W. Willard St. - Meridian - 83642 11. Philip & Remola Quinn - 2517 W. Willard St. - Meridian - 83642 12. Jon & Patty Powell - 2773 N. Fieldstone Wy. Meridian - 83642 13. Ronald & Sharrie Wurtz - 2571 W. Willard St. - Meridian - 83642 14. E-Zee Builders - 8555 Atwater - Boise - 83741 15. Tracy & Cathryn Younger - 1282 N. Stucker Ave. - Meridian - 83642 16. S.I. Development - 3350 Americana Terr. Ste. 100 - Boise - 83706 17. William & Lucille Deppler c/o Thomas & Barbara Geile - 2150 W. Pine Ave. - Meridian - 83642 18. Linda Arnold - 1480 Hartman #201 - Boise - 83704-8862 19. Ronald & Judith Larsen - 2735 W. Pine Ave. - Meridian - 83642 20. Aloys & Patricia Schlekeway - 2090 W. Pine Ave. - Meridian - 83642 21. John & Betty Eddy - 2630 W. Pine Ave. - Meridian - 83642 22. R.C. & Lou Ann Moreland Family Trust - 1236 N. Rutledge Pl. - Meridian - 83642 • • Meridian City Council January 16, 1996 Page 43 those issues it is not something that I would be in favor of. Corrie: Any further comment from Council? Hearing none I will entertain whatever motion you so desire. Morrow: Mr. Mayor, I would move to deny the amended plat. Rountree: Second Corrie: Motion is made and seconded that the amended preliminary plat be denied, is there any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR LENGTH OF CULDESAC FOR HAVEN COVE SUBDIVISION NO. 5 BY INTERWEST DEVELOPMENT: Corrie: You have those findings of fact in front of you Council, any discussion? Rountree: I guess I have a question, does this deal with both the final plat as approved for Haven Cove in the amended plat? Crookston: All you are dealing with in this agenda item is the variance to allow a longer than 450 foot cutdesac. Rountree: But is that in the amended plat or the final plat? Crookston: I am not sure Charlie/ Rountree: I am trying to find the street names referenced here. Corrie: Shari, do you have any idea what that is, if that is the preliminary plat or the amended plat or maybe Gary. Is this variance for the preliminary plat plat or the amended one? Stiles: Mr. Mayor and Council that would be on the amended plat. Corrie: It was the amended plat? Stiles: Yes • . Meridian City Council January 16, 1996 Page 44 Smith: Mr. Mayor and Council members, do you have a print of the plat, it is the dog leg culdesac on the lower right hand section of the plat, it is labeled North Maura Court. The length of that culdesac exceeds the ordinance of a maximum of 450 feet. Morrow: Guidance from the Counselor with respect to this? Crookston: It is a 478 feet length I think on the culdesac. The way I did the findings was to go ahead and approve it because it is not that large of a variance so it is up to the Council whether they want to approve it or not. Morrow: Well, my question is it is a culdesac that has no impact on the two areas that we didn't want to see happen. So we can approve the variance in spite of that is that correct? Crookston: Yes Morrow: Okay, thank you. Mr. Mayor in the absence of other discussion by fellow Councilman I would move that we approve the findings of fact and conclusions of law with respect to the variance of the length of the culdesac for Haven Cove Subdivision No. 5 by Interwest Development. Rountree: Second Corrie: Motion has been made and seconded, any further discussion? Call for the vote, ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision? Morrow: Mr. Mayor, I would move that the decision is decided the application should be granted as to the culdesac length on I believe it is not West Pine Street. Crookston: Right, the decision under the findings is wrong it should be West Maura Court. Morrow: So my motion was the application should be granted as to the culdesac length on West Maura Court, west and north, West State. Mr. Mayor let me rephrase my motion. I move that the decision is that the application should be granted as to the culdesac length on West State and North Maura Court. Rountree: Second Meridian City Council January 16, 1996 Page 45 Corrie: The motion has been made and seconded that the decision of the application should be granted as to the culdesac on West State and North Maura Court, all approved say aye? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, 1 apparently overlooked Ms. Stiles. Rountree: How could you do that. Corrie: Did you wish to ask her a question Mr. Morrow? Morrow: Yes I did, Ms. Stiles you had a comment for me? Stiles: Councilman Morrow and Mayor and Council, I didn't mean to interrupt your action on this item but because this is a variance on a plat that has been denied I am just wondering where we are at. Are we back to the original plat, the final plat? Crookston: What I did ask Walt was that if it was out of the area that we had dealt with on the plat. If it is in the area that where the plat was denied basically it is anon-issue. Stiles: I guess my question is since this plat is denied the amended plat, which, and some changes were made in what was not presented as part of an amended plat to the Planning and Zoning Commission since the amended plat they submitted was supposed to be for the southern half they then made changes since going to P & Z to the north half is the entire whole thing null and void or is the original preliminary and final plat that was approved by Council is that still approved in its then configuration or its what, where are we? Crookston: We go back to the situation before the amended plat was requested. You go back to the, so the plat that was approved preliminarily and finally. So then this variance is not even needed. Stiles: Thank you Morrow: So let me, Mr. Mayor, Counselor let me ask you from a practical standpoint where are we at? Crookston: In terms of this it stands as if the variance had not been requested and if approval of the amended plat had not been requested. It is as if nothing had happened on the plat, on the amended plat or on the variance. They are in the same position they were • • Meridian City Council January 16, 1996 Page 46 prior to those applications. Corrie: So item #13 is null and void, how do we get out of it. We can't just null and void it. Crookston: No, you correctly denied it. Corrie: We denied the preliminary plat amended, how about item 13 findings of fact for the variance. It was moot point so does that mean that we just ignore it? Crookston: Yes Corrie: So in other words we didn't vote on it or anything else? Crookston: You voted on it, the same thing happens whether you vote or not, you end up with the plat as they had it before they had even filed for the approval of the amended plat or for the grant of the variance. Morrow: Mr. Mayor, I think part of my, I understand what the Counselor is saying and I agree with -that. But I think part of the intent in terms of approving the variance at least on my part is to say that I don't have any problem with this plat configuration that helps traffic flow, helps circulation, helps neighboring properties. I am in favor of the culdesac length being taken care of. What I am opposed to is the width of the road and the grassy swale. Those items it appears to me within this configuration can be easily changed and press forward. I think my purpose in wanting to see the approval of the culdesac variance is to get that message to the developer and his engineer. I don't see any reason to trash the entire concept for those two areas is what I am suggesting. (Inaudible) Corrie: Your amended plat has been denied period you can't do that one, you are back to your original plat. What we are saying here is we like the, as far as your plat is concerned on the originals fine, the variance for the culdesac is fine but not the concept that you presented with the swales and that type of thing. Blaser: If we took out the swale and (inaudible) Corrie: You have to go back to your original, we have denied your amended plat. Collins: The swale was not proposed in the amended plat nor was the 42 foot right of way culdesac change. It was (inaudible) on the mended plat. The only thing modified was the south half, both the issues in question were in the north half and they were construction • . Meridian City Council January 16, 1996 Page 47 documents they were worked out with the Ada County (inaudible). This did not show any change to the 60 foot right of way nor did it change the culdesac of Wave Place from the originally approved 40 foot. Corrie: Well I guess we would still have to go back to the, Counselor, what is your opinion? Crookston: With what Councilman Morrow stated I see no problem with going ahead and tabling so that the changes can be made so that they are in conformance with what has been previously approved for the preliminary plat and the final plat. It would still have that 478 foot culdesac. So it would be appropriate to approve of the variance on the culdesac length. Corrie: Which we did, what are you saying we can table? Crookston: You table the plat, are there no changes to the plat if the variance is granted? Corrie: I guess the question is are there any changes to the plat on the variances you are asking for on the amended plat. What changes on your amended plat from the preliminary that you had? Smith: Mr. Mayor and Council members. The thing that changed on the northerly portion of this plat was the width of the street it went from a 50 foot to a 60 foot right of way. That was it on the northerly portion. Corrie: So you changed so there was a change from a 50 to a 60 foot wide. Smith: Yes (Inaudible) Crookston: The owner has just indicated to me that it would be just as good and it would be preferable to them to table it so that they can make the changes and then bring it back to the Council. Corrie: Without the swales and all this other. Morrow: Okay, now your procedure to get to that point? Corrie: Go back to twelve and table twelve to come back with the changes. • • Meridian City Council January 16, 1996 Page 48 Crookston: Right Morrow: We can do that without going to 13, or do we have to go back in sequence. Mr. Mayor if Charlie will withdraw his second on item 13 I will withdraw the motion. Rountree: I will withdraw my second. Corrie: Okay, it is withdrawn, go back to item 12. Morrow: Again, if Charlie will withdraw his second I will withdraw the motion. Rountree: I will withdraw the second Corrie: Okay, withdrawn. Morrow: Mr. Mayor I will move to table the preliminary plat amended for Haven Cove Subdivision No. 5 by Interwest Development. Corrie: Tabled to? Morrow: The first meeting in February, February 6 I believe. Rountree: Second Corrie: Motion has been made and seconded to table to February 6 on the preliminary plat amended for Haven Cove Subdivision No. 5, all those approve say aye? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move we approve the findings of fact and conclusions of law for the request for the length of the culdesac for Haven Cove Subdivision No. 5 by Interwest Development as written. Rountree: Second Corrie: Motion as been made and seconded, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea • Meridian City Council January 16, 1996 Page 49 Corrie: And the decision? Morrow: Mr. Mayor, the decision would be that the application should be granted as to the culdesac length on West State and North Maura Court. Rountree: Second Corrie: Motion made and seconded, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Okay, do you understand what we are doing now guys, come back without the, okay. ITEM #14: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A VACATION OF AN EASEMENT BY JEFF COFFER: Corrie: Council you have those findings in front of you, your decision? Morrow: Mr. Mayor, I would move we adopt the findings of fact and conclusions of law as written. Tolsma: Second Corrie: Motion made and seconded we adopt the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow: Mr. Mayor, I move that we hereby approve the vacation of the easement requested by the applicant based on the above findings of fact and conclusions of law. Rountree: Second Corrie: Motion is made and seconded that we approve the decision and recommendation as stated, all those in favor say aye? Opposed? • MERIDIAN CITY COUNCIL MEETING: JANUARY 16.1996 APPLICANT: INTERWEST DEVELOPMENT ITEM NUMBER; 13 REQUEST;_ FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE RE~UST FOR HAVEN COVE SUBDNISION NO. S AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C~~G'~l BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF INTERWEST DEVELOPMENT FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on December 5, 1995, was tabled until December 19, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through David Collins, Collins Engineering, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for December 19, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 19, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE N0. 5 Page 1 • • 3. That Ordinance 11-9-605 B 6., STREETS, requires that a street that ends in a cul-de-sac or dead end shall be no longer than four hundred fifty feet. 4. That the Applicant has requested that it be granted a variance from the above cul-de-sac requirement and be allowed to exceed the maximum length.of cul-de-sacs on the subject property at 2470 W. Pine Avenue, in Haven Cove No. 5 Subdivision. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full . 6. That the property is currently zoned R-4 Residential. 7. That the Applicant requests a variance from the Ordinance requiring maximum length of cul-de-sacs of 450 feet long to allow the Applicant a cul-de-sac length of 476.50' feet long; that afire hydrant has been placed approximately 195' from the end of the cul- de-sac for fire protection of the lots. 8. That the Applicant states that the special conditions and circumstances which are peculiar to the land are that due to the dimensions of the property, the layout of the cul-de-sac, as is shown, is the best design when re-designing the subdivision to put the entrance road to the West, which has been done; that the difficulty in complying with this Ordinance is that the project would have to be totally re-designed to make maximum use of the South East corner of the property; that in order to reduce the number of entrances on Pine Avenue, a collector, the Applicant FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE NO. 5 Page 2 • • moved the entrance from Pine to their subdivision to the West so it could service property to the West in the future; that with the re- design and the physical constraints of construction on the property to the North and the location of an existing house on the property at the South end, the best way to utilize this corner of the property was to put in a cul-de-sac; and Applicant represents that the existing house on the South, existing construction to the North, and planning to reduce the number of entrances on Pine Avenue, are circumstances which make this design optimal. 9. That the Applicant, Interwest Development, is the owner of the property and request this variance; that Applicant and a property owner to the south and west, John Eddy, have combined their properties to add lots and make an additional subdivision, Haven Cove No. 6 and some lots have been created and land added to Haven Cove No. 5. 10. That there was no public testimony. 11. That a letter was submitted by Thomas Geile requesting that the construction of a permanent fence between his property and Haven Cove No. 5 be a pre-condition to any construction in this subdivision; that a perimeter fence has been required for other applications. 12. That the City Engineer's Department, the Planning and Zoning Director, Ada County Highway District, may submit comments, and such comments shall be incorporated herein as if set forth in full. FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE N0. 5 Page 3 • • 13. That the Meridian City Police Department, Meridian City Fire Department, the Nampa & Meridian Irrigation District and the Water Department reviewed and submitted comments and they are incorporated as if set forth in full. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE NO. 5 Page 4 • • 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINC~3 No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that. these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE N0. 5 Page 5 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant; design of the subdivision was totally within the control of the Applicant but the addition of Haven Cove No. 6 has caused a need for different access routes; that the failure to meet the cul-de-sac maximum length was partially self-inflicted; that it would be in the best interest of the City to grant the variance. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the cul-de-sac street Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the cul-de-sac street Ordinance would result in extraordinary hardship to the applicant as a result of factors not self-inflicted, however a redesign of Haven Cove No. 5 and adding Haven Cove No 6 could have solved the cul-de-sac problem that exists now; that such redesign would have caused more expense. c. That the granting of a variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted; that as a condition of the grant of the variance shall be to equally share the cost of fencing between the land of Applicant and Thomas Geile. FINDINGS OF FACT & CONCLUSIONS OF LAW. HAVEN COVE N0. 5 Page 6 10. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN. BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED That it is decided the Application should be granted as to the cul-de-sac on W. ~Ae Avenue. S~tc. ~ ,v, ~~C~, APPROVED: ~ FINDINGS OF FACT & CONCLUSIONS OF LAW HAVEN COVE NO. 5 DISAPPROVED: Page 7 ~, ~ ~ • Meridian City Council December 19, 1995 Page 18 with the issues with respect to fire, police, school tum around and drainage issues that Mr. Smith commented on and have not yet been addressed by our staff or other staffs. Yerrington: Second Tolsma: Moved by Walt, second by Max to table this until we have the Fire Departments approval, school district's approval and the drainage approved until January 16, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. President, under the circumstances I think on item 13 that we need to table the request for variance at that meeting on 1-16-96. Oh, I `m sorry it is a public hearing. ITEM #13: PUBLIC HEARING CONTINUED FROM DECEMBER 5, 1995: REQUEST FOR A VARIANCE FOR LENGTH OF CUL-DE-SAC FROM 450' TO 476.50' FOR HAVEN COVE SUBDIVISION NO. 5 BY INTERWEST DEVELOPMENT: Tolsma: At this time I will open the public hearing, is there a representative here? David Collins, Collins Engineering, 3350 Americana Terrace, Boise, was sv~rn by the City Attorney. Collins: The request is on State which turns east and then south into North Mora Court. Just the dimensions of the project end up with a cul-de-sax 476.50' long and your ordinance carries a limiting requirement. There is a condition in there requesting we put an additional fire hydrant partially into the cul-de-sac. We contacted Mr. Bruce Stuart of the Meridian Water Department that deals with the locating of the fire hydrants for the Fire Department and worked out the location of those hydrants with him and then reflected that on the preliminary plat, the latest edition. Tolsma: Any questions of the Council for Mr. Collins? This is a public hearing, anyone else in the public that wishes to offer testimony on this culdesac length? Seeing none I will close the public hearing. Cowie: Mr. President, we would request that the City Attorney prepare findings of fact and conclusions of law on the variance to be presented on 1-16-96 meeting. Yerrington: Second Tolsma: Moved by Bob, second by Max to have the City Attorney prepare findings of fact 4 ~ • Meridian City Council December 19, 1995 Page 19 and conclusions of law on the variance length of the cul-de-sac, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR APRELIMINARY/FINAL PLAT FOR THE PLAYGROUND SUBDIVISION BY THE PLAYGROUND INC.: Tolsma: Is there a representative here from the Playground? Ted Hutchinson, Tealy's Land Surveying, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Members of the Council this is a 3 lot subdivision of the Playground that is at the northeast corner of Overland and Locust Grove Roads. This is a development that is currently under the development agreement with the City of Meridian for the development of the R.V. park and the golf driving range. It is owners desire now to subdivide this ground into 31ots. One lot will contain the R.V. Park, one lot will contain the driving range and the third lot will be in the middle there subject to future development. We have reviewed the comments from staff and have no problems with those. We are seeking your approval of this application tonight and if there are any questions that you have I will answer those at this time. Tolsma: Any questions for Mr. Hutchinson? Morrow. You have no problems then with any of the problems that have been addressed by staff? Hutchinson: No we read through those and have no problems with those. Morrow Including the ACRD conditions? Hutchinson: Including the ACRD conditions yes. Tolsma: Any other questions? This is a public hearing, anybody else from the public wish to testify on the request for preliminary plat for the Playground Subdivision? Ted Hanson, 1882 Bentley Avenue, was sworn by the City Attorney. Hanson: It is more of a question, you are approving everything they have done or what they have submitted to you? My question is those lights on that driving range that are on MERIDIAN CITY COUNCIL MEETING: DECEMBER 19.1995 2 APPLICANT: INTERWEST DEVELOPMENT ITEM NUMBER; ~ ~ 3 REQUEST; PUBLIC HEARING CONTINUED FROM DECEMBER 5. 1995: REQUEST FOR A VARIANCE FOR HAVEN COVE NO.S SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" ~ (' SEE ATTACHED COMMENTS ~/ ~' ~~ ~~ A~ ( ~~~ 4" ~G 1 C~ ~~ ~~ SEE ATTACHED COMMENTS ~~~ ~~ OTHER: WATER .DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. a OFFK:IALS WILLIAM d. BERO, Jr., Clty Clerk JANICE L (SASS, Clty Treewrer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. BTUART, Watsr Works Supt. JOHN T. SNAWCROFT, Wants Wate-Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 8. STILES, P b Z Adm. KENNETH W. BOWERS, Flro CAIsf W. L "BILL" fiOROON, PoIICe Chlef WAYNE O. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Departlaeot (208) 887-221 I GRANT P. YWGSFORD 1bYyor COUNCIL MEMBERS. RONALD R. TOLSMA MAx YERRINOTON ROBERT O. CORRIE WALT W. MORROW P iE Z COMMISSION JIM JOHNSON, Chairman MOE AUOJANI JIM SHEARER CNARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28, 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Variance Request for length of cul-de-sac from 450' to 476 50' BY: Interwest Development LOCATION OF PROPERTY OR PROJECT: Haven Cove Subdivision NO 5 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIR -PA TM NT ~~ -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDUW SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM S FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GASP LIM 8 FINAL PLAT) BUREAU OF REC~ N(PRELIM 8 FINAL PLAT) CITY FILES ~ // ~1TLJe:~. YOUR CONCISE N O V 1 5 ~~~~ CITY OF ME~IDIAI~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Treasunr GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Wats- Works Supt. JOHN T. SHAWCROFT, Wasts Watsr Supt. OENNIS J. SUMMERS, Packs Supt. 8HARI 8. STILES, P b Z Adm. KENNETH W. BOWERS, FinChlet W. L. "BILL" GORDON, Police Chlet WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEI'~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (ZOB) 887~d813 Public Works/Builtiing DeparuBwt (208) 887-2211 GRANT P. IaIVGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P l Z COMMISSION JIM JOHNSON, Chairman MOE AUOJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28. 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Variance Request for length of cul-de,sac from 450' to 476 50' BY: Interwest Development LOCATION OF PROPERTY OR PROJECT: Haven Cove Subdivision NO.5 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C -.MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT ,x -POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES / / ~+ OTHER: _ ! I - ~ 3 `" 7 S YOUR CONCISE REMARKS: 7S : L ~ .~ O W / ~ °~ t 3 t~~5 ~;ITk ~~- l~~ft~~r~ OFFICIALS VfIILLIAM G. BERG, Jr., Clty Clsrk JANICE L LASS, Clty Trotsuror GARY D. SMITH, P.E. Clty Enplnssr BRUCE D. 8TUART, Wattr Works Supt. JOHN T. SHAWCROFT, Watt Wtttr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 8. STILES, P i Z Adm. KENNETH W, BOWERS, Flro Chlsf W. L "BILL" CORDON, Polkt Chltf WAYNE G. CROOKSTON, JR., Attomty • HUB OF TREASURE VALLEY OOUNGIL MEMBERS A GOOd PI3GC t0 LiVC MAX YERRIlKiTONA CITY OF MERIDIAN ROBERTD.CORRIE WALT W. MORROW P i Z COMMISSION 33 EAS? IDAHO JIM JOHNSON, CAafrmtn MERIDIAN, IDAHO 83642 MOE AUDJANI JIM SNEAKER Phone (208) 888433 • FAX a06) 887813 P bli W k /B ildi 887 D 208 ~~~~ CHARLIE ROUNTREE TIMHEPPER u ~ c a tle - v u epartment ( ) U V ~D GRANT P. I~PORD N O V „~,~ ~ 6 1995 NAMPA & MEi~ipIAN IRRIGATION ~~D11 ttaam~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPM~NT~ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28, 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Variance Request for length of cul-de-sac from 450' to 476 50' BY:h~erwest Development LOCATION OF PROPERTY OR PROJECT: Haven Cove Subdivision NO. 5 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 .-TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT .-SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT D -CITY ATTORNEY 1 CITY ENGINEER .-CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELJM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH SETTLH2S IRRIGATION DI IDAHO POWER CO.(PRELIM >~ FINAL PLAT) U.S. WEST(PRELJM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM r~ FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY Fq.ES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation istrict has no comment on the variance request for ~ngth of cul-de-sac in Haven Cove Subdivision No. 5. R; 11 H n on Assistant Water Superintendent Nampa ~ MPrirjian Trrigatinn nip*rirt . v '.:' i' ~.l ~. , N0~ Z ~~ 1o~r rro , ~,.....-• ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treaauror GARY D. SMITH, P.E. Clty Enylnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waete Watsr Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P d 2 Adm. KENNETH W. BOWERS, Flro Chlef W. L. "BILL" OORDON, Pollcs Chlsf WAYNE G. CROOKSTON, JR., Attorney HUBOFTREASU.~ ; VALLEY C . ,NCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAx YERRINGTON CITY OF MERIDIAN RDBERTD.CORRIE WALT W. MORROW P d Z COMMISSION 33 EAST IDAHO JIM JOHNSON. Cnalrman MERIDIAN, IDAHO 83642 J M 8NEIIRERI Phone (20~ 888433 • FAX (208) 887-4813 CHARLIE ROUNTREE TIM NEPPER Public Works/Bw'bdin8 Department (208) 887-2211 GRANT P. IClNGSFORD ~Yor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28. 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Variance Request for length of cul-de-sac from 450' to 476 50' BY: Interwest Development LOCATION OF PROPERTY OR PROJECT: Haven Cove Subdivision NO.S JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA PLANN NG AS OC ATION ICT RECEI~/ED CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT N O V 1 4 1995 SETTLERS IRRIGATION DISTRICT Meridian Ci IDAHO POWER CO.(PRELIM ~ FINAL PLAT) water Superint indent U.S. WEST(PRELIM 8< FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: ~~ ND >7r'e1nL,.~w~ i4yFiYr ~,~,~~,s,}. !l,~aLL Dc Ta.s 1<~ltvl ~ .[ G~ie.. ~~ fs+ -- N 0 ~ 2 0 1995 ;I~`Y ~~ ~~~~~~x~. ~ ~ • Meridian City Council December 5, 1995 Page 27 ITEM #14: PUBLIC HEARING CONTINUED FROM NOVEMBER 21, 1995: REQUEST FOR A VACATION OF AN EASEMENT BY JEFF COFFER: Kingsford: This is in Central Valley Corporate Park, the applicant has asked that be further continued to the December 19 meeting. If there is anyone from the public wishing to offer testimony on that we will hear that this evening. Anyone from the public? Seeing none I will close that public hearing and ask the Council to continue that to the December 19 meeting. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to continue the public hearing for Jeff Coffer to the December 19 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LENGTH OF CUL-DE- SAC FROM 450' TO 476.50' FOR HAVEN COVE SUBDIVISION NO. 5 BY INTERWEST DEVELOPMENT: Kingsford: At this time I will open that public hearing and invite the developer or his designee to speak first. No one apparently wants to speak, anyone from the public at all that would like to offer testimony is welcome to give that. It must be bad weather outside, close that public hearing, Council what is your pleasure? Morrow: Mr. Mayor, my pleasure would be to table until presentation by Interwest Development of their representative. Yerrington: Second Kingsford: Point of clamcation are you asking to continue the public hearing or do you just want a presentation at that point? Morrow: I wish to withdraw that motion. Yerrington: I will withdraw. Morrow: My motion would be that I wish to table this until presentation by Interwest Development or their representative and continue the public hearing until that presentation . ~ ~ Meridian City Council December 5, 1995 Page 28 has been made. Yerrington: Second Kingsford: Moved by Walt, second by Max to table this until the next Council meeting December 19 and have a presentation, continue the public hearing and have a presentation from the owner or designee for lnterwest Development, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST TO WAIVE REQUIREMENT TO TILE THE EIGHT MILE LATERAL BY KEVIN HOWELL AND DIRK MARCUM: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Tracey Persons, 9550 Bethel Court, Boise, was sworn by the City Attorney. Persons: Mr. Mayor, members of the Council, 1 represent the applicants Kevin Howell and Dirk Marcum who have requested the variance for tiling the Eight Mile Lateral that runs along the entire northerly boundary of their site. Upstream from this site the Eight Mile Lateral crosses Franklin Road through and 83 by 57 inch CNP pipe which is equivalent to a 72 inch round pipe. Meridian's current policy has been to grant variances from tiling the lateral that require more than a 48 inch pipe. This one requires 72 inches and does exceed that. Bill Henson with Nampa Meridian has stated in his comments that the Eight Mile Lateral at this site has close to about 5000 minor inches and he does not believe that the water would flow through a 48 inch pipe at this site. The applicant has submitted a conditional use also on this property which was. heard November 14 by Planning and Zoning. He is proposing to fence the northerly boundary along the Eight Mile Lateral. So there won't be any hazards posed by not tiling it. That is all I have, I would be happy to answer any questions that you have. Kingsford: Any questions for Ms. Persons? Thank you, anyone else from the public? Seeing none I will close the public hearing, Council members. Yerrington: Mr. Mayor, I make the motion that we approve this variance. Kingsford: We need to have findings prepared. Yerrington: I move for findings of fact. • MERIDIAN CITY COUNCIL MEETING: DECEMBER 5.1995 APPLICANT: INTERWEST DEVELOPMENT ITEM NUMBER; REQUEST; PUBLIC HEARING: REQUEST FOR A VARIANCE OF CUL-DE-SAC LENGTH FROM 450' TO 476.50' FOR HAVEN COVE SUBDMSION N0.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~ ,~ r,,,, ~. ~~ C' ~ ~~~ ` SEE ATTACHED COMMENTS ~~ ~ OTHER: WATER DEPARTMENT SEE ATTACHED ~QMMENTS All Materials presented at public meetings shall become~~perty of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFI; Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding llepartrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor December 11, 1995 Mr. David Tuthill, PE Manager, Western Regional Office Idaho Department of Water Resources 273.5 Airport Way Boise, Idaho 83705-5082 RE: WELL INTERFERENCE Salmon Rapid Subdivision No. 3 Dear Mr. Tuthill: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Cha(rman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER RECEIVED arc i z ~s~ CITY OF IwIERIDIAN The Meridian City Council has been considering approval of a single family subdivision that is using a drilled well to provide water to the subdivisions pressurized irrigation system. The Mayor and Council has asked what happens if the developers use of the irrigation well impacts the water supply of any adjacent residential well and what would be the city's position in such a well interference situation if they had approved of the drilled wells' use for irrigation purposes. Also, will your department monitor the irrigation well for "Proof of Beneficial Use" similar to what is done for our municipal wells? This matter will be heard again at the City Council meeting scheduled for December 19, 1995. i know time is short but I would appreciate receiving your response to these questions so that I can advise my Mayor and Council. Sincerely, Gary .Smith, PE City Engineer cc: File City Clerk • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 5 1995, for the purpose of reviewing and considering the Application of Interwest Development for a Variance application for land located in the E 1 /2, SE 1 /4, NW 1 /4, Section 11, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located south of Haven Cove Subdivision No. 4. The Application requests a Variance for the length of cul-de-sac from 450' to 476.50'. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th day of November, 1995. WILLIAM G. BERG, JR., CI CLERK ~, M 10 ~ ~i N' ~ Q O ~ R i u M ~i~ ~ :I ~~ °D - - ~ ~~ I p ~ ~._ rl M r Q r! ~ ,~ r, ~, a N _ ~ r~ rn N Ml ~~o M ~' n ~ ~' a r7~ . o~ M ~~ J~, ~ • ,~ .~/ ( ~, J ,1 ~/ <;p ~ Y.:~ ~ ~d ;. / ^c`a ~: ''' (~~ h(' Y J i T~ ~d.:/ 1 ~ MI ~' 1 /I O C ro ,. ._ , -- ~.; , v //~~~~ N N 0 ~ ~ ~ ~ I a a ~ L~ x a ~ N ~ 1._ __ ._l.. _ ~r i2U1YT :v .U p .-' - ~ -2U1i7fiV `- x a n _.ae ~ ~ a ~ _ _. __ .. e w a „ • ~ ~ pQ N ' .. • X11 f i -_.._ y ~ _ ~ a ^ ~ ~ r M ~ s a ~' ~ ~ ~ ~ ~ ~ ~, M ~ ~ a ~ ~ .. N a • ~ n • (~ •- LI Y> M i ~~, v IV O' 1 N t~~ ~ ~O ~ M NO Q Q p - . 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