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HomeMy WebLinkAboutLake at Cherry Lane Nos. 5 & 6 AZOFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GAS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX GARY D. SM THS P.E. City Engineer ROBERT D.INGTON CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief "BILL" MERIDIANIDAHO 83642 Planner & Zoning Administrator W.L. GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 3, 1995 TRANSMITTAL DATE:_ 12/19/94 HEARING DATE: 1/10/95 REQUEST: Annexation/zoning with a Preliminary plat for Lake at Cherry Lane 586 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Ten Mile and Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMIA, C/C _BOB 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 & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH -NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/Ok FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later, than three days following the regular meeting o= the,Plar,ning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. The Lake at Cherry r.an_ Nos. 5 & -- 2. General Location, 40 acre site immediately east of The Lake -,at Cherry Lane #3 3. Owners of record, Bill & Viola Teter Address, 2201 N. Allumbaugh Zip83704Telephone 376-8465 Boise, ID 4. Applicant, Steiner Development_Address,P. 0. Box 190472 Boise, ID 83719 5. Engineer,Tom Eddy, R.L.S. Firm Power Engineers Address 290 N. Maple Grove RdZip 83704 Telephone 378-6380 Boise, ID E. Name and address to receive City billings: Name Doug Campbell Steiner Development AddressP. O. Box 190472 Telephone 345-9665 Boise, ID 83719 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 45.46 2. Number of lots 93 total -- 89 detached unit dwelling lots 3. Lots per acre 2.07 gross 4. Density per acre 1.98 for detached unit dwelling lots 5. Zoning Classification(s) R-4 and -R-15 o. if the proposed sundivision is outside the Meridian City Limits but within the jurisdictional miir, what, is the existing zoning classification RT (Ada County) %. Does the plat border a potential green brit No 6. Have recreational easements been provided for yeG y. Are there proposed recreational amenities to the City No Explain 10. Are there Proposed ..dedications of common areas? Yes Explain privatp open space, clubhouse, pool and park area For future parks? Yes Explain Private recreation area. il. What school(si service the area Meridian CIO you propose any agreements for future schooi sites No E:cplain 12. Other proposed amenities to the City Yes Water Supply Extension of Maifire Department Donate Fire Station Other _ Site Explain Fire Department has approved of this site for a Donation. 3. Type of Building.(Residential, Commercial, Industrial or combi.nation)Residential 14. Type of Dwellingts) 5ingie Family, Duplexes, Muitip.iexes, other Mixed_ residential to include Single Family, Pation Homes, Zero lot line Homes, Elderly Garden Homes, Townhouses and 15. Proposed Development features: Condominium a. Minimum square footage of lots R15=2500 sq. ft. R4-9090 €t. b. Minimum square footage of structure(s)As ordinance requires. C. Are garages provides for, YeS square footage 2 car standar( d. Are other coverings provided for Yes -covered picnic shelter e. Landscaping has been provided for Yes, Describe Extensive landscaping in road intersections and along Ten Mile Road an( throughout the attached mixed residential common areas. f. Trees will be provided for Yes Trees will be maintained Pri vat -P Company g. Sprinkler systems are provided for Yes h. Are there multiple units Yes , Type Condominium and 1. Are there special set back requirements No. Expiai.n J- Has off street parking been provided for Yes , Explain Visitor parking and RV parking areas. k. Value range of property Hames from $125,000 and up. 1. Type of financing for development Conventional M. Protective covenants were submitted No ,Date Vorthcoming 16. Does the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: See attached 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. '. 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. G. Street names must not conflict with City grid system. r� C«lwf ►M = 4 300. o o - 8M&e-ems r 9 3 0• a o- q 3 toils X ro/ Iof = X430 _ $S, iq — b!o "(k wWmA 300 PMi I$(. a? ZA s'�`( ill 1 s. y (3 THE LAKE AT CHERRY LANE NOS. 5 AND 6 SUBDIVISIONS 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. Steiner Development will comply with Statement No. 1. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Yes - Steiner Development will comply with Statement No. 2. 3. Development will connect to City services. Yes - Steiner Development will comply with Statement No. 3. 4. Development will comply with City Ordinances. Yes - Steiner Development will comply with Statement No. 4. 5. Preliminary Plat will include all appropriate easements. Yes - Steiner Development will comply with Statement No. 5. 6. Street names must not conflict with City grid system. Yes - Steiner Development will comply with Statement No. 6. Pal �t—� ti v S 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 527153 DATE: December 1, 1994 PON" DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING (Initial Point); thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'29" West 1321.64 feet to an iron pin marking the Southwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Southerly boundary and along the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 00026'04" East 1323.40 feet to an iron pin marking the Northwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly boundary and along the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 89°02'00" East 1321.04 feet to an iron pin on the centerline of North Ten Mile Road, said iron pin also being the Northeast Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Northerly boundary and long said centerline which is also the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00024'34" West 1325.91 feet to the point of beginning, comprising 40.18 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation AirAaA :FA►l ?ra?gr+y SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Land Surveyors 972 JTE/EDM John T. (Tom) Eddy, P.L.S. APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION THE LAKE AT CHERRY LANE #5 and 6 (PROPOSED NAME OF SUBDIVISION) TEN MILE ROAD AND USTICK ROAD (GENERAL LOCATION) SE a NE a SEC 3 TOWNSHIP 3N RANGE 1W (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ALSO SEE ATTACHED. BILL & VIOLA TETER (208) 376-8465 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 2201 N (ADDRESS) STEINER DEVELOPMENT (208) 345-9665 (APPLICANT) (NAME) (TELEPHONE NO.) P. 0. BOX 190472 BOISE, ID 83719 (ADDRESS) WAYNE S. FORREY, AICP (208) 887-6015 (=;GWTW XX)RV )= PLANNER) ( NAME ) ( TELEPHONE NO . ) 52 E. FRANKLIN RD. MERIDIAN, ID 83642 (ADDRESS) CTTV QF MRRTDTAN (JURISDICTION(S) REQUIRING APPROVAL) _RESIDENTIAL (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 24."61— ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) ANNEXATION AND ZONING REQUEST 1. Name, address and phone number of applicant. Steiner Development P. O. Box 190472 Boise, ID 83719 (208) 345-9665 2. Name, address and phone number of owner of subject property, and proof of title in said owner. William & Viola Teter 2201 N. Allumbaugh Boise, ID 83704 (208) 376-8465 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner. Please see Attachment A. 4. Legal description of property. Please see Attachment B. 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property. ( UJVdqJ %h MAU& +e&+ g_ legal 0990-il,1,;r, 1 6. Present land use. Farm land. 7. Proposed land use. Residential area. S. Present district R -T Rural Transitional 9. Proposed district. (SeL neck Pace page Z R4 Low Density Residential R-15 Medium High Density Residential 10. Characteristics of subject property which make a zoning amendment desirable. '17A41 I 1 S i�#, nsi f 4o encs haj �� MWA-f4 (aHds . Kist" 5i4 rwAJ44 .{or (,� I R.Aox Fire 5%tt fe" . 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. Y 14J t1¢sidta! c4Kc%-�( -For ch�xry W a t4k Flo• S 4 !v rdWtvZw6s will (op -weld pluotaed ad to..t.��to4 twt sl6b OZ Prcpccrd SJediviitons. E4"f14- dal tc�iay awd WgAiug aaaW4,&.12. One (1) map of scale one (1) inch equals one hundred (100) feet o tf he property concerning the zoning amendment. Please see Attachment C. 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet. Please see Attachment D. 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered. Please see Attachment E. — (SQA CA 4k W> aJc0KS'UJ/ oc(WWC (mods 15. A statement of how the proposed zoning amendment related to.the Meridian Comprehensive Plan. all 8e4At0 f*&4(aR cut- 4k L.cdca N(.. S t & 5&6 - dwis w�u (ocz plat�wd c�sft�of'�Cw�1� {tQ (d..prdswe f1AK . (A 5aW1k 4TR 5- � Sire w*1'-u k,.,L& c &wkz.xQ -Jct qk CAI . 16. A fee as established by the Council; Less than 1 acre = $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion thereof. In addition to above fee, applicant shall pay cost of certified mailings at rate of $1.29 per notice. The base fee is $ 400.00 plus $15.00 times 45 for additional acres $ 665.00 plus $1.29 times 66 people 85.14 for a total of $1150.14 17. The property will be posted one week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. Please see Attachment A — ?v54;".3 -4 ,Qwif, RECORD OWNER AFFIDAVIT I, William Teter, do hereby certify that I am the record owner of the land described as the "Lake at Cherry Lane #subdivision" in an application for Annexation being submitted to the City of Meridian for consideration. Dated this day of -le 0112-01994 By. f William Teter STATE OF IDAHO ) ss. County of Ada ) ON THIS -f— day of- 191Z before me a notary public in and for said State, personally appeared t.�4 , / 1 ; A t- i% 2_ e known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that 4 -e- executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires �— �y — , 19 My Nom Bond Expires '2— — , 19 Public for Idaho Residing at 4%�-/�� -� L , Idaho OPTION TO BUY AFFIDAVIT PRET-IM NARY PLATVAI1 = _=t# )►, Fi. 1 I._ 1 : �., 1 POSTING AFFIDAVIT I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development h�,s an option to buy from the record owner of the land described as the "Lake at Cherry Lane #Subdivision" in an applicationiF 2.!;1'. hoill", ►.,y��;�41 '�� �c;i; ::;;�i,1 `N. e—. Aian for consideration. I further state -that I hereby officially request a:.i r:::1;;;:; _; , of said property by the City of Meridian, Idaho. In addition, I hereby sa e and certify that the subject property will be posted one week before the public; hbaring=day 'mentioned applications with the City of Meridian have been made. Dated this T , 1994 By: l Doug)Mnpbell V STATE OF IDAHO ) ) ss. County of Ada ) ON THIS ' day of , 19�, before me a notary public in and for said State, personally appeared C C }> f\` known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that �AC, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My, Notary -Bond Expires .9� t�``1, 9�y lXQVVA2L7=a'r1MZ64WA Notw'yi;.r7yio ' • d. s . .j . d I .. * d . . . . ": " . A I .; V V, ASir7' TE COtA,tT Of v• fv N1`L. XKA. 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'.,bf 9!r*LvL 1 huibai T�h at tar. -pi 64l,�sd --t -d 'd tbAc ttm ter Co. I L963 In, da t aho 4nd h 1-$; 4 at A Ob t THA hi-.'4AqR 1: 4rs na'. ter 'P%irt cu rly,-dom�iJb#( thin$.. C61 - t ii':t ii i1i I bo� *C to� 4-1 fol ovf""tb.4j z- -j:-Wb� orgo szt- bf, t W -k, 4'it thi ISM k.:j 14 r 1(i: V. _T d" -Mir i al lone ous..' h 'w -2 -and • "n n( a tr vi t .�4 kit ,k IA Y. - elitet , , n. ded 6rvi 17 y T46 4n dt by iht is Ir 7% Y 'I" -1 '!7 1. ' - .:111'�1.IUI!1_117. -I,- Z­Nv-' — � Z. w I -.Ai . .*TV WNW Your T Your FA -93839 TETER/STEINER DEVELOPMENT FIRST COMMITMENT SCHEDULE A TO: STEINER DEVELOPMENT, INC. CC: GREGORY J. VIETZ C/O DOUG CAMPBELL GIVENS, PURSLEY & HUNTLEY P.O. BOX 190472 277 N. 6TH STREET, ST. 200 BOISE, IDAHO 83719 BOISE, IDAHO 83702 CC: FIRST AMERICAN TITLE CC: DON COPPLE 731.1 POTOMAC DRIVE DAVISON, COPPLE, COPPLE, BOISE, IDAHO COPPLE & LUDWIG ATTN-. TINA SMITH 205 N. 10TH STREET, ST. 530 (1-800-321-7311) BOISE, IDAHO 83701 1. Commitment Date: JULY 7, 1994, AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Owner's Policy $456,000.00 $2,311..50 ALTA Form 1402-92 (10-17-92) Proposed Insured: STEINER DEVELOPMENT, INC. ( ) (b) Loan Policy ALTA Form 1056-92 (10-17-92) Proposed Insured: ( ? (c) Endorsements 3. POO simple interest in the land described in this Commitment is owned, at the Commitment Date by: REVOCABLE LIVING TRUST OF WILLIAM E. TETER and VIOLA M. TETER 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: The North half of the Southeast Quarter of the Northeast Quarter Of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPT any portion lying within TEN MILE ROAD The records of the Ada County Tax Rolls disclose the above property Address as: NO ADDRESS AVAILABLE AT TIJIS TIME MLC/41 Page 1 FA -93839 Your No. TETER/STEINER DEVELOPMENT SCHEDULE 8 - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (r) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3- We will require a copy of the trust agreement and any amendments to the WILLIAM E. TETER and VIOLA M. TETER REVOCABLE LIVING TRUST, for our approval, before title insurance can be issued. Page 2 FA -93839 Your No. TETER/STEINER DEVELOPMENT SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are take care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are nQt shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. continued The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. Page 3 FA --93839 Your No. TETER/STEINER DEVELOPMENT SCHEDULE B CONTINUED 7. General and Special Taxes for the year 1994, are an accruing lien and not yet due or payable. 8. Liens, levies and assessments of the Nampa -Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. (Phone number 343-1884, for assessment information) 9. License Agreement by and between NAMPA & MERIDIAN IRRIGATION DISTRICT and IDAHO POWER COMPANY, an Idaho Corporation, for the NINEMILE DITCH, said Agreement recorded July 24, 1992, as Instrument No. 9249251, Official Records. 10. Right of way for NINE MILE CREEK. NOTE: SEE REQUIREMENT PAGE PARAGRAPH E3 FOR ADDITIONAL REQUIREMENTS. NOTE: General taxes for 1993, in the original amount of $1,068.50, Code Area 242, A. P. No. S-1203-14-2000, have been paid in full. (COVERS ADDITIONAL PROPERTY) NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to on Schedule B, or need copies of said documen-ts, please contact May Lin Carlsen, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho corporation, 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. HOWEVER, it you have any questions with regards to the escrow closing please contact TINA SMITH at the above address or phone number. Page 4 FA --93840 Your No. TETER/STEINER DEVELOPMENT FIRST COMMITMENT SCHEDULE A TO: STEINER DEVELOPMENT, INC. C/O DOUG CAMPBELL P.O. BOX 190472 13O1SE, IDAHO 83719 CC: GREGORY J. VIETZ GIVENS, PURSLEY & HUNTLEY 277 N. 6TH STREET, ST. 200 BOISE, IDAHO 83702 CC: FIRS`1' AMERICAN TITLE CC: DON COPPLE 7311 POTOMAC DRIVE DAVISON, COPPLE, COPPLE, BOISE, IDAHO COPPLE & LUDWIG ATTN: TINA SMITH 205 N. 10TH STREET, ST. 530 (1-800-321-7311) BOISE, IDAHO 83701 1. commitment Date: JULY 7, 1994, AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Pee (h) (a) EXT Owner's Policy $433,200.00 $1,637.25 ALTA Dorm 1402--92 (10--1792) Proposed Insured: STEINER DEVELOPMENT, INC. ( ) ( b) Loan Policy ALTA Form 1056-92 (10--17-92) Proposed Insured: ( ) (c) Endorsements 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: REVOCABLE; LIVING TRUST OF WILLIAM E. TETER and VIOLA M. TETER 4. The land referred to in this Commitment is situated in the State of Idaho, county of Ada, and is described as follows: The South half of the Southeast Quarter of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPT any portion lying within TEN MILE ROAD The records of the Ada County Tax Rolls disclose the above property address as: NO ADDRESS AVAILABLE AT `PHIS TIM}. MLC/cl Page 2 Your No. TETER/STETNER DEVELOPMENT SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (C) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan oil the land, we may then make additional requirements or exceptions. (e) You must give the following information: 1• Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. we will require a copy of the trust agreement and any amendments to the WILLIAM E. TETER and VIOLA M. TETER REVOCABLE LIVING TRUST, for our Approval,, before title insurance can be issued. Fuge 2 Your No. TETER/STETNER DEVE OPMENT SCHEDULE 8 - Section 2 �XCEPTI�ONS Any t?o] icY we sue wills are take care issue the followin to our satisfaction, g exceptions unless they PARIr 1: of 1• 'faxes or assessments by the records which are not shown as existing byerecords assessments of any taxing authorit g liens on real property or by the ethat levies taxes or y• Any facts public records. shown by interest Public, publi` or clailtts which are not ascertained b records but which could be inquiry Of r an inspection of said land or b persons in possession thereof', y making �• Easements, stiowr�,bclaims Of easement or encumbrances which are Y the public records. 4. Uiscre a P ncies, conflicts area, encroachments in boundary lines survey or any other facts wilichha rtage in y would disclose, and which are not shown !,correct records. y public J' (a) Unpatented exceptions mining claims; �n patents (b) reservations thereof or in Acts authorizin °r whether�or(c) water rights, claims or title pe issuance not to the matters eXCepted under water, are shown b y the public records. (a)' (b), or (c) Any liens, or rights to a lien, for services, labor or material theretofore or Jaw and not shown by the hereafter furnished, imposed by public, records. continued T1,eALTA rregoing numbered tions Extended c excep Ovepolicy, (1-�') may be elit"inated in an Page 3 1 EZ'C 1 'E 1) F'C)M FA -93840 Your No. TETER/STEINER DEVELOPMENT SCHEDULE B CONTINUED 7. General and Special Taxes for the year 1994, are an accruing lien and not yet due or payable. 8. Liens, levies and assessments of the Nampa -Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. (Phone number 343-1884, for assessment information) 9. I..icense Agreement by and between NAMPA & MERIDIAN IRRIGATION DISTRICT and IDAHO POWER COMPANY, an Idaho Corporation, for the NINEMILE DITCH, said Agreement recorded July 24, 1992, as Instrument No. 9249251, Official Records. 10. Right of way for NINE MILE CREEK. NOTE: SEE REQUIREMENT PAGE PARAGRAPH E3 FOR ADDITIONAL REQUIREMENTS. NOTE: General taxes for 1993, in the original amount of $1,068.50, Code Area 242, A. P. No. S-17.03-14-2000, have been paid in full. (COVERS ADDITIONAL PROPERTY) tJO,rr: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to on Schedule B, or need copies of said document's, please contact May Lin Car lsen, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IUA110, INC., an Idaho corporation, 7311 Potomac [give, Boise, Idaho 83704, or call (208) 375-0700. HOWEVER, if you have any questions with regards to the escrow closing please contact TINA SMITH at the above address or phone number. Page 4 f3 PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 527153 DATE: December 1, 1994 ;;4_ nwc"- DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R- IW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING (Initial Point); thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'29" West 1321.64 feet to an iron pin marking the Southwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Southerly boundary and along the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 00026'04" East 1323.40 feet to an iron pin marking the Northwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly boundary and along the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 89002'00" East 1321.04 feet to an iron pin on the centerline of North Ten Mile Road, said iron pin also being the Northeast Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Northerly boundary and long said centerline which is also the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00024'34" West 1325.91 feet to the point of beginning, comprising 40.18 acres, more or less. Pacific Land Sur�epr�,. a division of POWER Engineers, Inc., an Idaho Corporation �iAll �ePtrFy � .2 SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Land Surveyors u 972 18 o� d . JTEIEDM John T. (Tom) Eddy, P.L.S. . j ATVAPCHM I PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378.0025 PROJECT: 527153 DATE: November 30, 1994 A.W4 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 R-4 ZONE A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R.I W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T. 3N., R.1 W., B.M., Meridian, Ada County, Idaho; thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'29" West 768.68 feet to a point, said point being the REAL POINT OF BEGINNING; thence leaving said Southerly boundary North 0019111" East 100.01 feet to a point; thence North 07045144" West 50.60 feet to a point; thence North 04°20'56" West 245.98 feet to a point; thence North 00026'04" East 137.33 feet to a point; thence North 06044'12" West 80.11 feet to a point marking a point of curve; thence along a curve to the right 68.63 feet, said curve having a central angle of 04°05'45", a radius of 960.00 feet, tangents of 34.33 feet, and a long chord of 68.61 feet bearing South 88023'12" West to a point marking a point of tangent; thence North 89033'56" West 196.44 feet to a point; thence North 00026'04" East 415.00 feet to a point; thence North 5639'28" East 93.43 feet to a point; thence South 89002'00" East 771.84 feet to a point; thence North 4611'30" East 37.19 feet to a point; thence North 01024'59" East 223.81 feet to a point on the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; thence along said Northerly boundary, North 89002'00" West 1130.00 feet to an iron pin marking the Northwest Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation AriTA"Wpjr 6 X404 UP f P#3, 2 thence leaving said Northerly boundary and long the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00°26'04" West 1323.40 feet to an iron pin marking the Southwest Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly boundary and along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 88°55'29" East 552.96 feet to the point of beginning, comprising 16.65 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: JTE/EDM John T. (Tom) Eddy, P.L.S. 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 527153 DATE: November 28, 1994 ;Iota 6; DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 R-15 ZONE A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R_ 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING; thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88055'29" West 768.68 feet to a point; thence leaving said Southerly boundary North 0°19'11" East 100.01 feet to a point; thence North 07°45'44" West 50.60 feet to a point; thence North 04°20'56" West 245.98 feet to a point; thence North 00°26'04" East 137.33 feet to a point; thence North 06044'12" West 80.11 feet to a point marking a point of curve; thence along a curve to the right 68.63 feet, said curve having a central angle of 04005'45", a radius of 960.00 feet, tangents of 34.33 feet, and a long chord of 68.61 feet bearing South 88023'12" West to a point marking a point of tangent; thence North 8903356" West 196.44 feet to a point; thence North 00026'04" East 415.00 feet to a point; thence North 56°3928" East 93.43 feet to a point; thence South 89°02'60" East 771.84 feet to a point; thence North 46°11'30" East 37.19 feet to a point; thence North 01 024159" East 223.81 feet to a point on the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; thence along said Northerly boundary, South 89°02'00" East 191.04 feet to a point on the centerline of North Ten Mile Road, said point also being the Northeast Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation AIrAi*MPjr f;... towls O"s F5002�0 thence leaving said Northerly boundary and long said centerline which is also the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00°24'34" West 1325.91 feet to the point of beginning, comprising 23.51 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM John T. (Tom) Eddy, P.L.S. A 4c4w*4 I 1 0C 1 0 3 1995 ;ITY ut 01truDIA 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: October 2, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO. 5 & 6 R-8 ZONE A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R. IW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R. IW., B.M., Meridian, Ada County, Idaho; thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, and along the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at pages 7033 and 7034, North 88055'29" West 768.68 feet to a point; thence leaving said Southerly and Northerly boundaries, North 0119'11" East 95.01 feet to a point; thence North 11°39'01" West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to a point; thence North 00°26'04" East 177.45 feet to a point marking a point of curve, said point also being the REAL POINT OF BEGINNING; thence along a curve to the left 147.51 feet, said curve having a central angle of 08°27'07", a radius of 1000.00 feet, tangents of 73.89 feet, and a long chord of 147.38 feet bearing North 81°42'09" East to a point marking a point of tangent; thence North 77°28'36 East 92.50 feet to a point marking a point of curve; thence along a curve to the right 20.66 feet, said curve having a central angle of 0I'l1'02", a radius of 1000.00 feet, tangents of 10.33 feet, and a long chord of 20.66 feet bearing North 78°04'07' East to a point; thence North 00°26'04" East 44 1. 10 feet to a point; thence North 89002'00" West 458.93 feet to a point; thence South 56°39'28" West 79.51 feet to a point; thence South 00°26'04" West 451.79 feet to a point; thence South 89033'56" East 190.44 to a point marking a point of curve; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation thence along a curve to the left 78.64 feet, said curve having a central angle of 04°30'21", a radius of 1000.00 feet, tangents of 39.34 feet, and a long chord of 78.62 feet bearing North 88°10'53" East to the point of beginning, comprising 5.78 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM Don G. Payne, P.L.S. u "'ITY Ok iE�Lr3L11'l�;. 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: November 30, 1994 REVISED: October 2, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO. 5 R-15 ZONE A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R IW., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R. IW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING; thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of ,Section 3, and along the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at pages 7033 and 7034, North 88°55'29 West 768.68 feet to a point; thence leaving said Southerly and Northerly boundaries, North 0019'11" East 95.01 feet to a point; thence North 11°39'01" West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to a point; thence North 00°26'04" East 177.45 feet to a point marking a point of curve; thence along a curve to the left 147.51 feet, said curve having a central angle of 08°27'07", a radius of 1000.00 feet, tangents of 73.89 feet, and a long chord of 147.38 feet bearing North 81°42'09" East to a point marking a point of tangent; thence North 77°28'36 East 92.50 feet to a point marking a point of curve; thence along a curve to the right 20.66 feet, said curve having a central angle of 01°11'02", a radius of 1000.00 feet, tangents of 10.33 feet, and a long chord of 20.66 feet bearing North 78°04'07" East to a point; thence North 00°26'04" East 702.11 feet to a point on the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; thence along said Northerly boundary, South 89°02'00" East 540.00 feet to an iron pin on the centerline of North Ten Mile Road, said iron pin also being a point on the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; thence along said Easterly boundary and centerline, South 00024'34 West 1325.91 feet to the point of beginning, comprising 19.78 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors ERED $r Don G. Payne, P.L.S. k:.J 030 193-3 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: November 30, 1994 REVISED: October 2, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO. 5 & 6 R-4 ZONE A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion` of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R. IW., B.M., Meridian,.Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho; thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; and along the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County recorder, Boise, Idaho, in Book 69 of Plats at pages 7033 and 7034, North 88055'29" West 768.68 feet to a point, said point being the REAL POINT OF BEGINNING; thence leaving said Southerly and Northerly boundaries, North 0°19'11" East 95.01 feet to a point; thence North 11°39'01" West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to a point; thence North 00°26'04" East 177.45 feet to a point marking a point of curve; thence along a curve to the right 78.64 feet, said curve having a central angle of 04°30'21 ", a radius of 1000.00 feet, tangents of 39.34 feet, and a long chord of 78.62 feet bearing South 88010'53" West to a point marking a point of tangent; thence North 89°33'56" West 190.44 feet to a point; thence North 00°26'04" East 451.79 feet to a point; thence North 56°3928" East 79.51 feet to a point; thence South 89°02'00" East 458.93 feet to a point; thence North 00026'04" East 261.01,feet to a point on the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3; thence along said Northerly boundary, North 89°02'00" West 781.04 feet to an iron pin marking the Northwest Corner of the said Southeast Quarter of the Northeast Quarter of Section 3, said iron pin also marking the Northeast corner of The Lake At Cherry Lane No. 3 Subdivision as filed for record in the office of the Ada County recorder, Boise, Idaho, in Book 70 of Plats at pages 7167 and 7168; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation thence leaving said Northerly boundary and along the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, and also along"the Easterly boundary of The Lake At Cherry Lane No. 3 Subdivision, South 00026104" West 1323.40 feet to a galvanized pipe marking the Southwest Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly and Easterly boundaries and along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 88055'29" East 552.96 feet to the point of beginning, comprising 14.61 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors EREfl 4 OF <c, O� G. P w JTE/EDM Don G. Payne, P.L.S. .t J U t,1 03 1995 �;�'�Y Vit- ta�l✓r�g�►�� 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: December 1, 1994 REVISED:October 2, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 & 6 THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R IW., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING (Initial Point); thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, and along the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at pages 7033 and 7034, North 88°55'29" West 1321.64 feet to a galvanized pipe marking the Southwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3, said galvanized pipe also marking a point on the Easterly boundary of The Lake At Cherry Lane No. 3 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 70 of Plats at pages 7167 and 7168; thence leaving said Southerly boundary and along the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, and along the Easterly boundary of the Lake At Cherry Lane No. 3 Subdivision, North 00026'04" East 1323.40 feet to an iron pin marking the Northwest comer of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly and Easterly boundaries and along the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 89°02'00" East 1321.04 feet to an iron pin on the centerline of North Ten Mile Road, said iron pin also being the Northeast Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Northerly boundary and long said centerline which is also the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00024'34" West 1325.91 feet to the point of beginning, comprising 40.18 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation i SUBJECT TO: I All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. i i i Prepared by: i Pacific Land Surveyors Don G. Payne P.L.S. l MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1995 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 11 REQUEST;AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING REQUEST FOR THE LAKE AT CHERRY LANE NO 5 & 6 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF iW V �C Qv_ rD Jt G-PP All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL THE LAKE AT CHERRY LANE NO. 5 & 6 - STEINER DEVELOPMENT ANNEXATION AND ZONING SE 1/4 NE 1/4 SECTION 3, T.3N., R.1W. MERIDIAN, IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 15, 1995, at the hour of 7:30 o'clock p.m. on said date, tabled at the September 5, 1995, meeting at the request of the Applicant, and heard again at the September 19, 1995, meeting and the City Council having considered these Findings of Fact and Conclusions of Law at the meeting held on the 3rd day of October, 1995, having made changes thereto, and all hearings and meetings being at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Applicant having requested that the matter be tabled at various times and the final hearing being held, the Meridian City Council having heard and taken oral and written testimony, and the Applicant appearing through attorney Steve Bradbury, spokesperson for Steiner Development, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT A. That the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission are acknowledged, incorporated herein and included herein as if set forth in full; that where AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 THE LAKE AT CHERRY LANE NO. 5 & 6 there are conflicts between the Findings and Conclusions of the Commission and these Findings of Fact and Conclusions of Law of the City Council, the Findings and Conclusions of the City Council shall control. B. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. C. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is 40.18 acres in size; that the property is on the west side of Ten Mile Road between Ustick and Cherry Lane; that the adjacent property to the East is the Cherry Lane Subdivision, which is zoned R-4 and has some larger lots than the 8,000 square foot minimum; that the adjacent property to the West is a portion of the Lake at Cherry Lane Cherry Lane Subdivision, which is zoned R-4; that the entire 40 acres is not being developed at the same time. D. The Applicant is not the owner of record of the property, but the owner of record William E. Teeter, has consented to the annexation and zoning application and the Applicant has an option AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 THE LAKE AT CHERRY LANE NO. 5 & 6 to purchase the property. E. That the property is presently zoned R -T (Rural Transitional) in Ada County. F. That on November 9, 1994, at a Planning and Zoning Commission meeting, but not a public hearing, the Applicant presented a concept plan for development, which is incorporated herein as if set forth in full; that on the concept drawing there was a list of things that would be included in the development; comments were made that the development would be high value detached and high value attached house; that there would be 20 acres of R-4 and 20 acres of R-15; that there would be elderly garden one level homes with gated, high security clusters with liberal common area and private roads to the Garden homes and to the town houses; that there would be restrictions on children living there; it would be for people of 55 years and older; that the homes would be of high quality; that they were donating a fire station and that they were working on a school site; that there would be 20 acres in phase one. G. That on September 15, 1995, City Council meeting the Applicant presented a new concept for the development; the Applicant's representative, Steve Bradbury, stated the request is to have a portion of the land zoned R-4, a portion zoned R-8, and a portion zoned R-15; that the R-4 and R-8 portions were done as a preliminary plat with the R-15 done as a concept plan; the R-15 was broken into two portions, with the northern portion being developed AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 THE LAKE AT CHERRY LANE NO. 5 & 6 as a condominium/town house project and the southern portion being developed as a single family detached and single family attached dwelling project; that a part of the southern portion of the R-15 area abuts the R-4 Cherry Lane Village Subdivision; the Applicant presented a preliminary plat, a colored drawing and an 8 1/2 X 11 rendering of the preliminary plat; at the hearing Steve Bradbury stated that the R-4 was on the west, the R-8 in the center and the R-15 in the eastern portion; that the presentation of the R-15 was a concept plan, that would have housing for senior citizens which would be as above stated; he also presented a list of standards for each zone, which is incorporated herein as if set forth in full; that the preliminary plat was precise for the R-4 and R-8 but was conceptual for the R-15; that he requested that the R-15 be granted subject to the condition that the developer make a subsequent application for a conditional use permit or if required an additional preliminary plat to cover those senior citizen complex areas; that we would simply request that you grant the R-15 zone subject to the condition that the developer submit that application within a time certain and can work with you on that time; that the developer is suggesting six months; that the Applicant could agree that the R-15 zone designation could be revoked or withdrawn. He also stated that the Planning and zoning Commission had recommended approval subject to a number of conditions all of which were acceptable except for the area which is along the southerly boundary which the Commission had recommended that the lots in that AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Paste 4 THE LAKE AT CHERRY LANE NO. 5 & 6 area be subject to all of the R-8 zoning requirements; that what the Applicant would like to suggest is that the setbacks for that area be R-8 setbacks but the lot size be reduced in order to accommodate the needs of senior citizens who reside there; that on the sheet that was presented it proposed 5,000 square foot lots in that area; it proposes single family, single story, detached dwellings along the entire southern border; he finally stated that the Applicant is willing to consider virtually any reasonable condition that the Council may wish to impose upon the grant of the R-15 zone designation. On the colored rendering it was shown that the R-8 would have minimum sized lots of 6,500 square foot lots and the R-4 minimum sized lot would be 8,000 square foot, but the minimum lot size was not shown for the R-15. H. That Gary Smith, City Engineer, and Bruce Freckleton Assistant to the City Engineer, submitted comments for the January 10, 1995, hearing and comments from Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator, submitted comments for the March 14, 1995, hearing, and they are both incorporated herein as if set forth in full; that some of their comments were that the local streets need to be 50 feet wide with 37 feet between the backs of curbs and have 5 foot sidewalks; that the high seasonal ground water needed to be established; that existing ditches crossing the property need to be tiled; that cul-de-sacs shall not be longer than 450 feet; that water service is contingent upon AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 THE LAKE AT CHERRY LANE NO. 5 & 6 positive results from a hydraulic analysis; that sidewalks to meet City ordinance must be constructed; that the R-15 Planned Residential Area shall be submitted under the Conditional Use Permit process; that any duplex will be required to be submitted and approval of a variance required or they must be included a part of a Planned Unit Development under the conditional use process; that Phase 2 will require submittal and approval under the Conditional Use Permit process; that block lengths exceed 1,000 feet; that a 20 foot landscape easement should be platted as a separate maintenance lot for maintenance by the home owners association; that perimeter fencing is required prior to obtaining building permits; and that a development agreement is required as a condition of annexation, which shall be approved and executed prior to or concurrent with the final plat approval. That Shari Stiles submitted additional comments for the September 15, 1995, City Council meeting; she stated that the colored drawing is a depiction of the common areas within the subdivision; that there is a total of approximately 40 percent of the proposed R-15 zone shown as common area/open space; that this 40 percent does not include the fire station site which is being donated; that the blue prints show a revision of the R-8 portion of the plat; that Applicant has revised the plat to show all lots conforming to the R-8 requirements; that she stated that she believes that the Applicant has met the requirements of the Commission's Findings and Conclusions for the R-8 portion of the AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 THE LAKE AT CHERRY LANE NO. 5 & 6 plat; that she recommended approval of the preliminary plat . I. That the Meridian School District commented that it still needed a school site designated in this section. J. That the Meridian Police and Fire Departments, Ada County Highway District, Central District Health Department, the Nampa Meridian Irrigation District, City Planning Director, Idaho Power, did submit comments and such are incorporated herein as if set forth in full. K. That the property is adjacent and abutting to the present City limits. L. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian and the parcel is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. M. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. N. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. O. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 THE LAKE AT CHERRY LANE NO. 5 & 6 P. That the property can be physically serviced with City water and sewer via mains currently installed in Ten Mile Road. Q. That the R-4, R-8 and R-15 Residential Districts are described in the Zoning Ordinance, 11-2-408 B. 3., 4. and 5. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or 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 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-8) Medium Density Residential District - The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has, or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. _(R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone and houses of 1,301 AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 THE LAKE AT CHERRY LANE NO. 5 & 6 square feet are required in the R-8 and R-15 zone, unless there are dispersed among the development houses of varying size as allowed in 11-4-411 d 2. R. That Section 11-2-411 B states as follows: "All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." S. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, town houses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." T. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdividedit . U. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." V. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, town houses arrangements), ." AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 THE LAKE AT CHERRY LANE NO. 5 & 6 "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." W. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue. X. That in prior requests for annexation and zoning in this area, the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement; that such comment is equally applicable to this Application. Y. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 THE LAKE AT CHERRY LANE NO. 5 & 6 moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. Z. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. AA. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." AB. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." AC. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 THE LAKE AT CHERRY LANE NO. 5 & 6 development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" AD. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." AE. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. AF. That proper notice was given as required by law and all AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 THE LAKE AT CHERRY LANE NO. 5 & 6 procedures before the City Council were given and followed. CONCLUSIONS A. 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. B. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. C. That the City Council has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. E. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. F. That the land within the proposed annexation is AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 THE LAKE AT CHERRY LANE NO. 5 & 6 contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant and not upon the initiation of the City of Meridian. H. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, Section 11-9-606 B 14, which pertains to pressurized irrigation, and Section 11-2-411 B which requires that all new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and M; that the development agreement shall, as a condition of annexation, require AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 THE LAKE AT CHERRY LANE NO. 5 & 6 that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no issuance of building permits until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Applicant shall adopt Covenants, Conditions and Restrictions as a condition of annexation and they shall require a mandatory homeowners association which can assess dues and fees. J. That the requirements of the Meridian City Engineer, the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the comments of the Meridian Planning and Zoning Director and these Findings and Conclusions shall be met and addressed in a Development Agreement. K. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. L. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Paste 15 THE LAKE AT CHERRY LANE NO. 5 & 6 subject to and controlled by the Subdivision and Development Ordinance. M. It is concluded that the Applicant has changed the development plan from what was presented to the Commission on November 9, 1995, to what was presented to the Commission on March 14, 1995, and to what was presented to the City Council on September 15, 1995; that development of the R-4 portion of the property is satisfactory since that is the type of development that has been done in the area in the past and is being done now in Cherry Lane Village and in The Lake at Cherry Lane; additionally the Applicant stated that the R-15 housing was to be a minimum of 1,200 square feet, and yet the minimum square foot requirement in the R-15 District, under 11-2-4011 D 2. is 1,301 square feet; that at the City Council meeting on the 15th of September, 1995, Applicant presented a plat for the R-4 and R-8 which had the R-15 area on it but stated that the plat was only a concept for the R- 15, but it does show lots depicted in the southern portion but not in the northern portion; that in the southern portion it does appear to depict some lots as being for individual dwellings and some for multi -family dwellings. N. That the R-4 and R-8, where they are located and how they are buffered, are concluded to be in compliance with the Meridian Comprehensive Plan and the Meridian Zoning Ordinance; that since Applicant's representative Steve Bradbury, stated that the City could grant the R-15 zone, subject to the condition that the AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 THE LAKE AT CHERRY LANE NO. 5 & 6 developer submit an application for conditional use for further development of the R-15 zoned land, it is concluded that the land requested to be zoned R-15 is likely to be in compliance with the Meridian Comprehensive Plan and the Meridian Zoning Ordinance, if the additional requirements of the City are met. It is further concluded that the northern portion of the land requested to be zoned R-15 is more likely to be in compliance, the northern portion of the southern part is also more likely to be in compliance, but the lots along the southern boundary of the southern R-15 are not in compliance with the Meridian Zoning Ordinance because they violate Section 11-2-411 B, which requires that new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments. 0. That it is concluded that the property requested to be annexed and zoned R-4 and R -S should be annexed and so zoned; that it is further concluded that the property requested to be annexed and zoned R-15, that is north of Sagenhen Drive, as shown on the preliminary plat, should be annexed and zoned R-15, conditioned on the application and granting of a conditional use permit showing, more specifically, how the land is going to be developed; the land south of Sagenhen which has been requested to be zoned R-15 shall not be zoned R-15, but shall be zoned R-4 and shall meet all of the requirements of that R-4 zone. P. That it is concluded that the Applicant shall be required - AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 THE LAKE AT CHERRY LANE NO. 5 & 6 to meet the comments of the City Engineer, Gary Smith, Bruce Freckleton Assistant to the City Engineer, Shari Stiles, Planning and Zoning Administrator, the Meridian Police and Fire Departments, Ada County Highway District, Central District Health Department, the Nampa Meridian Irrigation District, and Idaho Power. Q. That proper and adequate access to the property is available and will have to be maintained; that a minimum lot size of 8,000 square feet and a minimum house size of 1,400 square feet shall be met in the R-4 District; that a minimum lot size of 6,500 square feet and a minimum house size of 1,301 square feet shall be met in the R-8 District; that the minimum house size and lot size in the R-15 District, of 1,301 square feet per house and 2,400 square feet per lot shall be met; that all homes in the R-4 and R-8 districts shall be single family dwellings. R. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. S. With compliance of the conditions contained herein, the annexation and zoning of R-4 and R-8 Residential would be in the best interest of the City of Meridian; that if the conditional use is granted for development of the R-15 zoned land north of Sagenhen Drive, as shown on the proposed preliminary plat, the annexation and zoning of R-15 for that parcel would be in the best interest of the City of Meridian. T. That if these conditions of approval are not agreed to by Applicant, the property shall not be annexed or shall be subject to AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 THE LAKE AT CHERRY LANE NO. 5 & 6 de -annexation, if it has been annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN CORRIE VOTED 04-4-' COUNCILMAN TOLSMA VOTED (j �—r COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED MOTION: r APPROVED:DISAPPROVED: DECISION The Meridian City Council hereby decides that the property requested to be zoned R-4 and R-8 shall be annexed and so zoned and that the property north of Sagenhen Drive, as shown on the proposed preliminary plat, requested to be zoned R-15, shall be annexed and so zoned on the condition that a conditional use permit be applied for, and granted, showing more specifically how that land is to be developed; that if the Conditional Use is denied that the property AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 THE LAKE AT CHERRY LANE NO. 5 & 6 shall be de -annexed; that the land south of Sagenhen Drive, requested to be zoned R-15, shall be annexed and zoned R-4; that all houses constructed shall meet the minimum house size requirements of the zone in which they are located; that all lot sizes shall meet the minimum lot size of the zone in which they are located; that all homes in the R-4 and R-8 districts shall be single family dwellings; that the Applicant shall grant the land for a fire station that he said he would grant to the City and which is shown on the proposed preliminary plat, enter into the required development agreement, and submit a new preliminary plat for the land to be zoned R-15 and for the land south of Sagenhen Drive to be zoned R-4; that it is additionally decided that the Applicant meet the conditions set forth in these Amended Findings of Fact and Conclusions of Law, specifically including the adoption of a home owners association with mandatory dues, that the Applicant and owners are specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements; that if the conditions are not met that the property not be annexed, or, if it has been annexed, that it be de -annexed. MOTION: APPROVED: JV K DISAPPROVED: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 20 THE LAKE AT CHERRY LANE NO. 5 & 6 MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1995 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 13 REQUEST;TABLED OCTOBER 3,1995: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5&6 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS T VJQ/ All Materials presented at public meetings shall become property 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. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT E KINGSFORD MEMORANDUM: Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: THE LAKE AT CHERRY LANE NO. 5 & 6 (Agenda Items 11 through 13 - By Steiner Development) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 13, 1995 I have reviewed these submittals and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. I have reviewed the legal descriptions submitted October 3, 1995 for Annexation and Zoning, and they appear to satisfy all the requirements of the City of Meridian and the State Tax Commission. 2. On March 10, 1995 Shari Stiles and I prepared comments, in the form of a memorandum to City Council, as a result of our review of the Preliminary Plat Map. The Plat Map indicated two different zoning classifications R-4 and R-15. There were eight"General Comments", eleven "Site Specific Comments - Public Works Department", and ten "Site Specific Comments - Planning Department". Since that date several "Conceptual Plans" were submitted, however we have not seen a Preliminary Plat Map that addresses our Comments or represents the three zone concept. I respectfully request that item 13, ("Preliminary Plat for The Lake at Cherry Lane No. 5 & 6") be tabled until such time as we receive and review a Preliminary Plat that represents the current proposal. The Preliminary Plat needs to be submitted to the Office of the City Clerk per the requirements of the Subdivision and Development Ordinance. C: \ W [MN60\GENERAL\1.AKFS6. C -C PRESENTED TO THE CITY OF MERIDIAN RECEIVED J U N 1 3 1995 CITY OF MERIDIAN THE LAKES OF CHERRY LANE #5 AND #C BY STENIER DEVELOPMENT 'Fable, Of Contents BACKGROUND SUMMARY ' APPLICATION FOR ANNEXATION AND PRELIMINARY PLAT AGENCY COMMENTS FINDING OF FACT OF CONCLUSIONS OF LAW MINUTES OF P & Z: NOV. 9, JAN. 10, FEB. 14, MAR. 14, APR. 11 r ' PLAT LAYOUT AND LEGAL • DESCRIPTION R-15 C.U.P. SENIOR CONCEPT LAYOUT • R-15 C.U.P. CONDO & TOWNHOUSE LAYOUT • R-15 SINGLE FAMILY DETACHED (WW SQ. FT. MINIMUM LOT) R-4 SINGLE FAMILY DETACHED (8000 SQ. FT. MINIMUM LOT) I/"i W W W W � � a tWP2 tx O a O w W w W o W� w a a a as ,W,aa Wa v� x AF p SAF a; U Z �U2Z0-4 FLz7 FFW0 ZFa'+0`�' Z � ZZZ� E�-��ZUUW rWl�z�U94 �a�D�wa ,nCQo co co aZehoAW ,-rooAW z s pq . . W�co� o Zvi �l(6Zv� a xx�r� Ixxc•-+ xc.�. ���� IR �wuwcu3 aaoo.puoBoz— — )---o3 a0 W1 AZ uol4olSrne Q — c Q o 1 0 I pcd C'J ao°lz 14 Ddl I OLn v I AVA aixoo I 'AI O 1 a I ... . ...... I 1 HaNaAV LNHDNVJ, 'N (j p 3IIN3AV ,LN3f)NV,L 'N 1 t o w e AVA afflou 'N Q p AVA 21903 'N 290 North Maple Grove Road Boi% . ID 93704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 527153 DATE: December 1, 1994 P 1 1 Pacific Land Surveyors, a division of POWER Engineers. Inc., an Idaho Corporation DESCRIPTION FOR . THE LAKE AT CHEERY LANE NO.5 THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO ' A parcel of land being the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R. IW., B.M., Meridian, Ada County, Idaho, said Brass cap also being the REAL POINT OF BEGINNING (Initial Point); Southeast the Northeast Quarter of Section thence along the Southerly boundary of the said Quarter of 3. North 88°55'29" West 1321.64 feet to an iron pin marking the Southwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Southerly boundary and along the Westerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 00°26'04" East 1323.40 feet to an iron pin marking the Northwest corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly boundary and along the Northerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 89°02'00" East 1321.04 feet to an iron pin on the centerline of North Ten Mile Road, said iron pin also being the Northeast Corner of the said Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Northerly boundary and long said centerline which is also the Easterly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, South 00°24'34" West 1325.91 feet to the point of beginning, comprising 40.18 acres, more or less. P 1 1 Pacific Land Surveyors, a division of POWER Engineers. Inc., an Idaho Corporation r SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. JTE/EDM Prepared by: Pacific Land Surveyors John T. (Tom) Eddy, P.L.S. Zone Request: Units per Acre: Parcel Size: Street Width: Set Backs: Size of Homes: Garages: Stories: Roofing: Painting: Landscaping: Parking: Amenities: Senior Citizens Complex 63 Units R-15 under Conditional Use Permit or PUD Maximum 6.3 per acre 10.01 40 ft. right-of-way Standard R-15 set backs (5 ft. side, 20 ft. front, 15 ft. back) 1301 sq. ft. detched; 900 sq. ft. attached Two -car garage Single story around R-4 and perimeter, except along Ten Mile two-story units to buffer sound, interior would be mixed. To be one solid color architecture, 80 shingle. All roofs will be reroofed at same time when needed through the Homeowner's Association. Four different color combinations. When painting is needed all units will be painted at the same time through the Homeowner's Association. Will be part of purchase price of homes. All landscaping will be maintained by one company and paid through the Homeowner's Association. No on -street parking will be allowed. We have 12 off-street spaces designated in bulbs, 10 in clubhouse area and 12 near fire station site. Each unit has a two -car garage and space for two on the driveway. 1) 2000 sq. ft. private clubhouse, pool, patio, recreation center with kitchen facilities, 2) gated high security entrance, 3) city fire station site 160 x 160, 4) circular walking path around club- house 560 ft. in diameter, 5) future bus stop service, 6) extensive landscaping, 7) golf cart pathway, 8) circular landscaped parking area 50 ft. in diameter, 9),20 ft. landscaped buffer strip along Ten Mile, 10) 6 ft. privacy wall surrounding project, 11) 1/2 mile from proposed new Albertsons store, and 12) proposed donated city fire station with 24 hr. paramedics. STEINER DEVELOPMENT, INC. ❖ LAND DEVELOPMENT 19 E. FAIRVIEW MERIDIAN, ID 83642: 208.884.2076 t 1 C� ' Project Description: This project consists of 63 units, 18 single family detached patio home units and 45 attached single family garden homes. The patio homes have 5 side ' yards, 20 ft. front set back and 15 ft. back set back as shown on floor plans. Backyards are very low maintenance, mostly concrete patio with area of planters. They are single story, two -car garage, upscale units with very low maintenance and upkeep. These units are geared for 55+ seniors who, for whatever reason, would like security, no yard work, recreation and who travel a lot. They can lock their home up and leave for weeks or months and every- thing is taken care of. The garden homes have the same set back as the patio homes. These units are attached with property line down the center of each ' unit. These units will be two-story with two -car garages. Majority of units open up to commons area and look out into the clubhouse and pool courtyard ' area. We at Steiner Development feel we have met all the needs for the 55+ senior market niche with amenities listed above. We feel we have a very 1 viable, well thought-out project that the City of Meridian and Steiner Development can be proud of. �i 1 1 I I 11 l 1 20 Landscape N • KIR:�`M -wAY Bus Station 20' LandTsape Easement d 031 [ � : - y [ .� )$ f � ¥> : / . � } \ / % \: ! . ,� 2( � . / . f \f �`;) - \\ / 'd . \�� \� �. d � + Z . � ƒ� <! . � » :�/ . � ƒ� .� �� � � �� ƒ 3 \ G � . � ». / � :2y \� � � w. 7f . \� / \� < t � } � � \\ � \�\ � y,. r » - /� �^^ � [\ \. ^ . \ \ \| ��. \�\{ . \ § \ . [ ��\� /�� /� \� . �� / \ \ ».. .4 � \ � / \���.��.,:a�®©. � . � �� �: \ . .� � ƒ y>� \� \\ � � f »� . \\�\ \\ � K"Wim IJ i � `x � I I 1 1 1 1 1 1 1 .� WN I _,r_ 1 1 Zone Request: Units per Acre: Parcel Size: Street Width: Size of Homes: Stories: Amenities: Project Description: Condo / Townhouse 58 Units R-15 under Conditional Use Permit Max. 7.74 per acre 7.50 30 ft. right-of-way 900 sq. ft. minimum All units in this complex would be one and two stories. To be one solid color architecture, 80 shingle. All roofs will be reroofed at same time when needed through the Homeowner's Association. All units will be painted the same color combination and when painting is needed will be painted at the same time through the Homeowner's Association. Will be partof purchase price of homes. All landscaping will be maintained by one company and paid through the Homeowner's Association. No on -street parking will be allowed. We have 21 off-street spaces designated at various locations in the project. Each unit has a two -car garage and space for two on the driveway. 1) Gated security entrance, 2) 6 ft. security wall surrounding project, 3) extensive landscaping, 4) open commons areas, and 5) 20 ft. landscaped buffer strip along Ten Mile. This project consists of 58 single family attached units, 3 duplex units, and 13 fourplex units. We would like to build these units not under 1100 sq. ft. Duplex units will be one or two stories. Fourplexes are single story on outside units and two story on inside units. All units are open to commons area. Extensive landscaping project will be surrounded by 6 ft. privacy wall and security gate entrance. Street will be 30 ft. right-of-way. STEINER DEVELOPMENT, INC. a LAND DEVELOPMENT a 19 E. FAIRVIEW MERIDIAN, 10 83642 :• 208.884.2076 Roofing: Painting: Amenities: Project Description: Condo / Townhouse 58 Units R-15 under Conditional Use Permit Max. 7.74 per acre 7.50 30 ft. right-of-way 900 sq. ft. minimum All units in this complex would be one and two stories. To be one solid color architecture, 80 shingle. All roofs will be reroofed at same time when needed through the Homeowner's Association. All units will be painted the same color combination and when painting is needed will be painted at the same time through the Homeowner's Association. Will be partof purchase price of homes. All landscaping will be maintained by one company and paid through the Homeowner's Association. No on -street parking will be allowed. We have 21 off-street spaces designated at various locations in the project. Each unit has a two -car garage and space for two on the driveway. 1) Gated security entrance, 2) 6 ft. security wall surrounding project, 3) extensive landscaping, 4) open commons areas, and 5) 20 ft. landscaped buffer strip along Ten Mile. This project consists of 58 single family attached units, 3 duplex units, and 13 fourplex units. We would like to build these units not under 1100 sq. ft. Duplex units will be one or two stories. Fourplexes are single story on outside units and two story on inside units. All units are open to commons area. Extensive landscaping project will be surrounded by 6 ft. privacy wall and security gate entrance. Street will be 30 ft. right-of-way. STEINER DEVELOPMENT, INC. a LAND DEVELOPMENT a 19 E. FAIRVIEW MERIDIAN, 10 83642 :• 208.884.2076 Landscaping: Parking: Amenities: Project Description: Condo / Townhouse 58 Units R-15 under Conditional Use Permit Max. 7.74 per acre 7.50 30 ft. right-of-way 900 sq. ft. minimum All units in this complex would be one and two stories. To be one solid color architecture, 80 shingle. All roofs will be reroofed at same time when needed through the Homeowner's Association. All units will be painted the same color combination and when painting is needed will be painted at the same time through the Homeowner's Association. Will be partof purchase price of homes. All landscaping will be maintained by one company and paid through the Homeowner's Association. No on -street parking will be allowed. We have 21 off-street spaces designated at various locations in the project. Each unit has a two -car garage and space for two on the driveway. 1) Gated security entrance, 2) 6 ft. security wall surrounding project, 3) extensive landscaping, 4) open commons areas, and 5) 20 ft. landscaped buffer strip along Ten Mile. This project consists of 58 single family attached units, 3 duplex units, and 13 fourplex units. We would like to build these units not under 1100 sq. ft. Duplex units will be one or two stories. Fourplexes are single story on outside units and two story on inside units. All units are open to commons area. Extensive landscaping project will be surrounded by 6 ft. privacy wall and security gate entrance. Street will be 30 ft. right-of-way. STEINER DEVELOPMENT, INC. a LAND DEVELOPMENT a 19 E. FAIRVIEW MERIDIAN, 10 83642 :• 208.884.2076 10* P n _ _ y IUGWGS03 adoospuD-1 ()Z Xdak HINOOH •u m w A a A w z 5 0 o Xdak HINOOH •u m I 1 1 1 1 1 1 1 t 1 1 i 1 1 1 1 i 1 1 Single Family Detached 25 Units Zone Request: R-15 Units per Acre: Max. 4.72 per acre Parcel Size: 5.30 Street Width: ACHD requirements Set Backs: Standard R-15 set backsVW (5' side, 20' front, 15' back), Homes: 1301 ft. minimum Size of sq. Project Description: This project will consist of 25 single family units, minimum 6,000 sq. ft. lots. All set backs and streets will be to city standards and ordinance. What we are requesting on zoning is nice homes on a smaller lot than is currently being offered in the area, on a minimally traveled street due to layout concept. j 5 1 STEINER DEVELOPMENT, INC. 3 LAND DEVELOPMENT : 19 E. FAIRVIEW MERIDIAN, 'ID 83642:: 208.884.2076 i! t t AvAi HIXDOH •Nt a ...... /'Y/-1101'61�111-1111141 jSingle Family Detached 51 Units l Zone Request: R-4 Units per Acre: Max. 2.88 per acre Parcel Size: 17.37 Street Width: ACHD requirements Set Backs: Normal R-4 set backs Size of Homes: 1400 sq. ft. minimum Project Description: This project will consist of 50 single family units, minimum 8,000 sq. ft. lots. All set backs and streets will be to city standards and ordinance. This project borders The Lake at Cherry Lane #3 Golf Course Project. This portion was recommended approved and annexed at April Planning & Zoning Meeting and forwarded to the City Council. V � . p% 'f STEINER DEVELOPMENT, INC. •: LAND DEVELOPMENT 19 E. FAIRVIEW MERIDIAN, ID 83642 208*884*2076 C I!F N. ROME WAY O O N. ROME WAY C � C N. ROME WAY I I ad 0 N. TANGENT AVENUE O O N. TANGENT AVENUE rTl I' d N. ROCHIE WAY C � C N. ROME WAY I I