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HomeMy WebLinkAboutGolfview Associates VAROFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Variance to requirement to tile the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Cherry Lane & Black Cat Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, 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: HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R.TOLSMA C GLENN R. B NTNEREE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Variance to requirement to tile the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Cherry Lane & Black Cat Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, 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: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) �1 G`rV 1i=,..: /-r'Stc.►4� t S �-,„n .r�O f�i42TNbrLs►{(� NAME: 6p -,AN M,Ln-I - CG/ENe20 -%- Phone: �CzoA) 7g. 1133 (Owner or holder of valid option) ADDRESS: EQ. RC:yc -z�jo IC.ZTCIAOM 1 j: --:0A ,z 9� -713>440 GENERAL LOCATION: UJc sr C EeA4 Lnj F LA c,L C' -Ar- 2d M :7 + n,A LEGAL DESCRIPTION OF PROPERTY: A Or -n��c► 5�` SEC-nbo 3 P 'T7 % t) 1S� iZ, (VJ . i 60t /• I�efY%IRY�i 14OA ea.aNTq Zip PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: 2-1 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcels) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: 7-A--nLi oL vF -r*E tiArAT A - SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by • August 7. 1997 Meridian City Council Members City of Meridian 33 East Idaho Meridian, H) 83642 RE: Variance for Golf -view No. 4 and No. 5 Subdivision Dear Council Members: 11 Golf View Estates No. 4 and No. 5 subdivision is located in a portion of the SW quarter, Section 3, Township 3 North, Boise Meridian, Range 1 West, Ada County, Idaho. This property has a present zone classification of R-4. The subject property is presently not being used, it was previously farmland. Golt'view Associates Limited Partnership is requesting a Variance for the tiling of the Nampa -Meridian Safford Lateral located on the North boundary of Golf View Estates No. 4 and No. 5 subdivision. These are the last two Phases in a five (5) phase subdivision. All phases of this subdivision were preliminary platted in 1990 without the requirement to file the Safford Lateral. The fust three phases of the subdivision have been constructed. In the completed phages the lateral was protected, as required, with a 6' high chain link fence. The lateral was left open with sufficient access for lateral maintenance. We are requesting that the final two phases of the subdivision be developed as approved at preliminary plat with continued fencing of the lateral. This will assure consistency in the protection of the lateral and the access for maintenance. EHM Engineers, Inc. will post the subject property at least one (1) week prior to the City Council meeting which this issue is to be heard stating that we have applied for a variance. Thank you for your time and consideration. Respectfully, Brian M. McCoy President Seaboard Associates, General Partner of Golfview Associates .r�4L 'f• '.t '.'F APlone9iCompany PIONEERTIIIE COMPANY OF ADA COUNTY 888 North Cot, Road / Boise, Ida)to 83704 / Telephone (208) 377-2700 WARRANTY DEED �1►� Dov (CORPORATE FORM) ' U NEW CONCEPTS DEVELOPERS, INC • , a corporation organized and existing under the laws of the State of Idaho, with its principal office at P.O. BOX 45247 BOISE, .ID 83711 of County of ADA ,Stateofldaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO GOLFV1EW ASSOCIATES LIMITED PARTNERSHIP AN IDAHO LIMITED PARTNERSHIP • grantee Of for tho sunt,of TEN AND OTHER VALUABLE CONSIDERATION-' ---------------------- DOLLARS, the following described tract(s) of land in County, state of Idaho: SEE ATTACHED MiIBIT "A" FOR LEGAL DESCRIPTION 'WHICH BY THIS REFERENCE IS INCORPORATED HEREIN, Location of above described property. Mj 1 /1, Nd 1/4 01,ef TIN P1 W . !,0_}Af R .� - r•O �Etj FST�,�-� House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this day of A.D. 19 NEW CONCEPTS DEVELOPED INC. (CORPORATE NAME) By: �r PRESIDENT Attest: SECRETARY STATE OP _IDAHO County of A_ DA ss, On thisffA_� day of u the veer of_y'%may; ; before me THE UNDERSIGNED a notary public, per- sonally appeared DENNIS MARSHALL known or identified to me to be the person—who executed the instrument on behalf of said corporation, and ocknowlodgod to me that such corporation executed the same. OF -Notary, Public: "Residingat:.BOISE IDAHO My: Commission Expires: 5-5-93 1 l E1ifiI��T "Arr .... ' .' PoRTrom TOWNSHIP SOF THE ZAST HALF bESCRZBLD RTK:RANOS. OF THE SOUTHWEST AS FOLLOrqS: 3 �7EST, EOr QUARTER S SE MERXDIAN ECTION 3 . COMMENCING ADA COUNTy� TRZ AT THE N0RTH6tEST IDAM4 TO ASH iP HWSST QUARTER Cop XN THREES) NORT f SERAN OF OF THE pF S OUTNEAST S�UARTER NORTHDA COUNTY. IDAHO • GE p�dE (I) WEST SECTION THREE (3 OF TWO AND, THENOR ), EAST 27/1Q0 aF THE HQISE Al FORTY (40) RODS; CHAINS; THENCE SOUTH TWO , 'x'HENCE EAST TWENTAND 27/�,00 CHAxNS; SOUTH EIGHTY (2i]) RODS: THENCE r WEST SIXTY (60) RODS; THENCE ;�� NORTH ErGHT RODS: THENCE (80) R'ODSTO ThE PLACE d�' SEG.INNING , i 0 JlI Wall N u =6 t I / - CN CN .J I n N. I GOVIIEW A f -=� = �o `0 m i„ ©N N. Pr ARTREE AV. W 0 N. GREE VFlELD � J � � A A/ ' O Vl f9.g ID rl OAK f T m co r —r. ;iia e—, LI)* 6' 0 N� o I ;iia Z0'3Jdd 60TTSb£80Z • bb:ZT 2.6, LT mr SURROA-DING PROPERTYWWNERS (1) LANCE M & PAMELA A PETERSON (15) ROBERT L JR & MARILYN K WHITE 4302 W PLUMROSE ST. 1985 N BLACK CAT MERIDIAN ID 83642 MERIDIAN ID 83642 (2) WILDWOOD HOMES (16) JOE N & ELEANOR L STAFFORD P.O. BOX 3214 1735 N BLACK CAT KETCHUM ID 83340 MERIDIAN ID 83642 (3) GOLF VIEW ASSOCIATES (17) KENT M & NANCY R BLEAK P.O. BOX 3510 4920 W CHERRY LN KETCHUM ID 83340 MERIDIAN ID 83642 (4) GEORGE R & FRIEDA BEETS (18) BRENT 1 & SANDRA L LAW 707 FORSYTHIA DR. '4888 W CHERRY LN NAMPA ID 83651 NAMPA ID 83651 (5) SHARON J & RONALD B KIRKEMO (19) D A & PATRICIA A KUEHL TRUST 430.4 W WHITE ASH DR. D A & P A KUEHL CO—TRUSTEES MERIDIAN ID 83642 4375 W CHERRY LN MERIDIAN ID 83642 (6) STEVE C & ALIX A WESTON 4387 W WHITE ASH DR. (20) BRADLEY S & LORI ANN TURNER MERIDIAN Ib 83642 4365 W CHERRY LN MERIDIAN ID 83642 (7) CRAIG E & KRISINE L WALLACE 4345 W WHITE ASH DR. (21) GEORGE B & MILDRED L bAVIS MERIDIAN ID 83642 4225 W CHERRY LN MERIDIAN ID 83642 (8) STEVEN T & DIANA L GRIMMETT ' 1909 N GREENFIELD AVE. (22) DANIEL W & ANGELA G RICHARDS MERIDIAN ID 83642 4135 W CHERRY LN MERIDIAN ID 836421. (9) ROBERT A & KARLA J BARR 1687 N GREENFIELD AVE. (23) WOMENS MEDICAL CLINIC PA MERIDIAN ID 83642 PROFIT SHARING. PLAN 16800 ROSE BRIAR LN (10) ARON L & SANDRA L TARRANT NAMPA ID 83687 1694 N GREENFIELD AVE. MERIDIAN ID 83642 (11) CHERRY LANE CONSTRUCTION INC. 912 12TH AVE S. NAMPA ID 83651 (12) BOISE RESEARCH CENTER INC. 12301 W EXPLORER DR. BOISE ID 83704 (13) RICKY V & KATHY L MILLIRON 4450 W CHERRY LN. MERIDIAN ID 83642 (14) EUGENE & AROYCE QUENZER 3680 N BLACK CAT MERIDIAN 1D 83642 0 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 16, 1997, for the purpose of reviewing and considering the Application of Golf View Associates Limited Partnership, for a Variance Application for land located in a portion of the SW %, Section 3, T.3N, RAW, Boise Meridian, Ada County, Idaho, and which property is generally located on the North Boundary of Golfview Estates No. 4 and No. 5 Subdivision. The Application requests a variance to tiling of the Safford Lateral. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of August, 1997. WILLIAM G. BERG, JR., CIGEE—RK PUBLISH August 29 and September 12, 1997. 011� 11-3 n v v O � n , ull N, u I C:J rr 1 GOVLeIIEW � N NA ✓� `O m w ©N N. PrARTREEAV, wA O _ N. GREE VFlELD�(D S A VE.`°� ! c p • - WN n � R 19. .� D � �' N olov CD 0 t 14eridian City Council November 18, 1997 Page 2 Rountree: We will hopefully be able to act on the 2"d of December if not their time will run out as of the 12th of December. Morrow. If 1 might, I would' think it would be contingent upon that committee to provide Mr. Rountree with that rough draft tomorrow evening. I have that on our agenda for our strategic planning meeting of the 25th, we would bring it in to format then and act on it December 2. Obviously if it is not ready for action then it falls by the wayside. Rountree: That is my twist on the thing as well. They have been working on this, I haven't seen it. They know our willingness to work with them and they know their deadline. Bentley: I just hate to see Rountree: If we can have it on the planning agenda to discuss if there are any modifications then we should be able to make those and be able to act on the 2"d Corrie: Any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: Council you have those findings of fact and conclusions of law, any discussion? Rountree: Mr. Mayor, I would move that the City Council approve the findings of fact and conclusions. Tolsma: Second Come: Motion made and seconded that we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow Yea, Tolsma Yea, Rountree — Yea, Bentley — Yea MOTION CARRIED: All Yea Corrie: Is there a motion for the decision? Rountree: Mr. Mayor, I move that it is decided that the variance for the tiling of the Safford Lateral in Golfview Estates Subdivision is granted. Bentley: Second , Meridian City Council November 18, 1997 Page 3 Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS TO ALLOW SECOND FLOOR TO EXTEND 3'/ FEET INTO SETBACK BY SCOTT REECE — 2311 N. HYDE AVENUE: Morrow. Mr. Mayor, I would move that we approve and adopt the findings of fact and conclusions of law for the variance to the setback requirement to extend the 3 % feet into the setback by Scott Reece. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law, any further discussion? Roll call vote ROLL CALL VOTE: Morrow Yea, Bentley — Yea, Rountree — Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: Motion for the decision? Morrow. Mr. Mayor, it is hereby decided that the variance of the setback ordinance is hereby granted. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: ORDINANCE #780 — ECONO LUBE N'TUNE ANNEXATION: Crookston: Mr. Mayor and Council that ordinance was prepared with the legal description that we had, Shari Stiles just informed me that we do not want to annex that portion that would be the residential portion. You can pass the ordinance with that change and then I can change the ordinance. Morrow. For discussion Mr. Mayor I have no problems with that at all. MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18,1997 APPLICANT: GOLFVIEW ASSOCIATES LTD PART ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO TILE THE SAFFORD LATERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS )ry OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GOLFVIEW ASSOCIATES FOR VARIANCE TO REQUIREMENT TO TILE SAFFORD LATERAL FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, and again on October 21, 1997, at approximately 7:30 o'clock p.m. on said dates, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned R-4. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - GOLFVIEW ESTATES • 4. That the Applicant's application states that the Applicant is requesting a variance for the tiling of the Nampa - Meridian Safford Lateral on the north boundary of Golf View Estates No. 4 and No. 5; that these are the final two phases of development of the Golf View Estates; that all five phases were platted in 1990 without the requirement to tile the Safford Lateral; that the first three phases of the subdivision have been constructed without tiling of the lateral; that the lateral was protected by a 6' high chain link fence in the first three phases; that Applicant requests the final two phases of the subdivision be developed as approved on the preliminary plat without tiling of the lateral, but with continued fencing of the lateral. 5. That Section 11-9-605 M. of the Subdivision and Development Ordinance states as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal if it finds that the public purpose requiring such will not be served in the individual case. 6. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 7. That the Applicant has the consent of the property owner. 8. That at the October 7. 1997 public hearing, the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - GOLFVIEW ESTATES Applicant's representative, Russ Hepworth, testified that the first phases of the subdivision were allowed a variance from the piping requirement, and so -the Applicant would like a variance from the requirement for this final two phases, allowing the Applicant to just put in chain link fence along the lateral. 9. The City Engineer, Gary Smith, in response to a question by Councilman Morrow, replied that he is not sure whether the Safford lateral requires a pipe in excess of 48" at this point, but that he cannot imagine the size of the pipe upstream from this subdivision being greater than 48". 10. Councilman Rountree commented that if it takes 48" or less, he would be inclined to deny the variance since the current chain link fence is not maintained well and there are weeds everywhere. Councilman Bentley also commented that he agreed if it takes less than a 48" pipe, it should be denied, so he would not vote until the size of pipe is determined. 11. Councilman Morrow moved to continue the public hearing to October 21, 1997. 12. At the October 21, 1997 public hearing, the Applicant's representative, Russ Hepworth, testified substantially as follows. He has determined that the size of pipe needed to pipe the Safford Lateral would exceed 4811, and that it would require 60" piping, and he submitted his calculations supporting his testimony. 13. In response to a question by Councilman Morrow, Mr. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - GOLFVIEW ESTATES ri 0 • Hepworth responded that he had not heard back from Nampa Meridian Irrigation District in confirmation of his calculations. Also, the City Engineer, Gary Smith had not confirmed the calculations either. 14. Councilman Morrow then commented that it is necessary to have the calculations confirmed by the City Engineer, Gary Smith, and Nampa Meridian Irrigation District prior to making a decision. He also commented that Shari Stiles, the Planning and Zoning Administrator, in her October 12, 1997 memo, indicated that an ordinance is being worked on, and that Ashford Greens Subdivision's request for a variance is being held pending the adoption of an ordinance. He agrees with her that the variances for the two subdivisions ought to be decided together, and so he moved to table the discussion until November 5, 1997. The public hearing, however, was closed. At the November 5, 1997, meeting Gary Smith commented that he had received the calculations from EHM Engineering and also talked to John Anderson at Nampa and Meridian Irrigatin District, and stated that Mr. Anderson concurs that that length of ditch cannot be piped with a 48" diameter pipe. 15. That the City Engineer, Meridian Fire Department, Ada County Highway District, and the Central District Health Department comments are incorporated herein. 16. That the Nampa & Meridian Irrigation District submitted comments that the variance be denied. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - GOLFVIEW ESTATES • 17. There was no further testimony at the public hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPQ,SF, FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - GOLFVIEW ESTATES The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance -or that application of such provision or requirement is -impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - GOLFVIEW ESTATES 7. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a.. That there are special circumstances or conditions affedting the property that the strict application of the provisions of the piping Ordinance would clearly be reasonable since the Safford lateral cannot be piped at this location with a 48" diameter pipe. b. That the -strict compliance with the requirements of this Ordinance will result in extraordinary hardship to the subdivider because the Safford Lateral cannot be piped with less than 48" diameter pipe at this location. C. That the granting of this variance would not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; and d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 8. That it is concluded the Application for variance of the tiling requirements of the Safford Lateral should be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - GOLFVIEW ESTATES APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR CORRIE (TIE BREAKER) VOTED That it is decided the variance for tiling of the Safford Lateral in Golfview Estates Subdivision is granted. DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 8 VARIANCE - GOLFVIEW ESTATES 4 November 1997 Russ Hepworth EHM Engineers, Inc. 516 S. Capitol Blvd. Boise, ID 83702 RE: GoyWew Estates - Sc{fford Lateral Dear Russ: NOVO NOV 0 i "ITY OF M .r,„ u 'ITY OF Mr, s �� 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2M36BX-)6.2(KXX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 XK(N*XXXM)MX SHOP: Nampa 466-0663 x" xxxx1(9cMx The Nampa & Meridian Irrigation District has reviewed the calculations on the above mentioned project and with the flow of the Safford Lateral, it will require larger pipe than the 48 inch maximum required by the City of Meridian. Please feel free to contact me if you have any further questions. Sincerely, qt;;lnson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.-dln $ cc: File - Shop File - Office Water Superintendent Ride S - Chavez Via Fax to EHM @ 386-9076 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 PIO'V 04 '97 14:02 a November 1997 Russ Plepworth EHM Engineers, Inc. 516 S, Capitol Blvd. Boise, Ila 83702 r RE; 601ftiew Estates - Sgffonrl Lateral Dear Russ: NOVR&EIVW — 5 1997 P. ca*VFEx►DwN �tia�c �i�ariet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # XD0)6Xf06)1akX 208-463-0183 Phonal; Arao Code 208 OFFICE: Nampa 466.7861 XR(X*XXXIXX)WMX SHOP: Nampa 466,0663 X"0XXU*(3s(3(X The Nampa & Meridian Irrigation District has reviewed the calculations on the above mentioned Project and with the flaw of the Safford Lateral, it will require larger pipe than the 48 inch maximum required by the City of Meridian. Please feel free to contact me {f you have any ftuther questions. Sincerely, M-11 Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BFI. -din cc: File - Shop File - Office Water Superintendent City of Meridian Ride S - Chavez Via Fax to EHM @ 386-9076 APPROXIMATE IRRIGAW ACRES RIVER FLOW RIGHTS - 23,000 bUISE PROJECT RIGHT$ - 40,OW Meridian City Council • • November 5, 1997 Page 14 MOTION CARRIED: All Yea ITEM #9: TABLED OCTOBER 21, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Morrow. Mr. Mayor, Gary can you bring us up to speed on the Golfview, it appears that we have from EHM Engineering some figures here that were not available to us at time of our last meeting. Can you review those for us? Smith: Yes sir, Mr. Mayor and Council members, Councilman Morrow, I did receive those calculations from EHM and also talked to John Anderson at Nampa Meridian and he concurs that length of ditch cannot be piped with a 48 inch diameter pipe, verbally he concurs. Hepworth: I can provide written confirmation of that as well if you need that so that it is not (inaudible) Corrie: Council, technically speaking this is after the fact here. I think if we want it as part of the record, I don't think we need it but I appreciate the information. (Inaudible) Corrie: Thank you for that, sorry for the confusion I just wanted to make sure we are not going to get back lashed on this. Morrow. Mr. Mayor, I would move that we approve the variance to the requirement to tile the Safford Lateral submitted to us by Golfview Association limited partnership and instruct the City Attorney to prepare findings of fact and conclusions to that end. Rountree: Second Corrie: Motion made and seconded that we direct the City Attorney to prepare findings of fact and conclusions of law, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: RESOLUTION #167 —WATER AVERAGING RESOLUTION: Corrie: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CHANGING THE BEGINNING OF THE AVERAGE RESIDENTIAL WATER USE PERIOD FROM OCTOBER 15, 1997 TO NOVEMBER 15, 1997 FOR PURPOSES OF ASSESSING SEWER USER CHARGES AND PROVIDING FOR AN EFFECTIVE MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5, 1997 APPLICANT: GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP ITEM NUMBER: 9 REQUEST: REQUEST FOR A VARIANCE TO TILE SAFFORD LATERAL: TABLED OCTOBER 21.1997 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. (Meridian City Council • October 21, 1997 Page 9 ITEM #11: TABLED OCTOBER 7, 1997: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO.: Morrow. The purpose of tabling this at our last meeting was to wait for the annexation ordinance to be approved. However given the fact that we are tabling the variance request which may impact the preliminary plat it seems to me to make a certain amount of sense to table this to the 5�h also and then act on it at that point in time. Corrie: Is that a motion Mr. Morrow? Morrow: I will make it so. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to table item 11 until November 5, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: ORDINANCE #778 — LEE CENTERS REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS 1.00 ACRE PARCEL LOCATED IN THE SE %, NE %, NE % OF SECTION 13, T.M. R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #778 read in its entirety? I will entertain a motion on Ordinance #778. Bentley: Mr. Mayor, I would move we adopt Ordinance #778 with suspension of rules. Morrow. Second Corrie: Motion made by Mr. Bentley, second by Mr. Morrow that Ordinance #778 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING CONTINUED FROM OCTOBER 7, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Weridian City Council October 21, 1997 Page 10 Corrie: At this time I will open the public hearing and continue the public hearing and request a member of the Safford Lateral variance request come forward. Russ Hepworth, EHM Engineers, 4418 Clinton Street, Boise, was sworn by the City Attorney. Hepworth: Since our last meeting I have contacted the Nampa Meridian Irrigation District to determine the flow which they require if this was to be piped. We have also gone out and shot the slope of that so that we could determine the sizing of pipe. I have gone upstream and checked the size of pipe that is coming out and also a section of the pipe meaning the pipe I could find that was tiled. Everything that I did find was 48 inches. I have calculations, I talked to them also, they require concrete or steel CMP pipe. I have calculations for the 600 feet that we would have to be tiling and the slope given that is there that we would have to maintain that we would it would be required for concrete 51.6 inches the next size up would be a 60 inch pipe CMP or 56.8 inches inside diameter and the next available size is 60 inch CMP would be required to be put in there. The concrete pipe was the one that could come the closest to the 48 inches and it is all depending on your (Inaudible) your roughness factor and the pipe that would be putting in there would probably be a bell and spicket. So we are assuming a rough N value in our calculations. It is pretty much determined on that N value what type of material you are putting in. It could be at a 48 inch size pipe if it is assumed that it is a smooth flow through the whole piping section. Now these calculations haven't been given to Nampa Meridian so I don't know their status. I have these calculations here that have been performed by a professional engineer if you would like a copy of that Morrow. Mr. Mayor, question Mr. Hepworth, it is my understanding that what you just said was that Nampa Meridian has not given you or confirmed these calculations. City Engineer Smith has not had an opportunity to review that either? Hepworth: No he has not. Corrie: Anyone else from the audience that would like to enter testimony at this time? Council, staff comments, questions, discussion? Morrow. Mr. Mayor, my discussion here would be two points. One is that obviously we need confirmation of these calculations by City Engineer Smith and Nampa Meridian. The second issue is that Ms. Stiles makes note in her memo to us dated the 12"' that this is adjacent to the Ashford Greens property, the Ashford Greens variance is being held pending the adoption of an irrigation ordinance that we are currently working on. It is my understanding it is their desire to do some sort of water amenity and Ms. Stiles states in her paper very well that it would make a certain amount of sense to coordinate the two subdivisions in fact there was going to be a water amenity in one. It seems to me that it is appropriate here that after we close the public hearing that we may move to table pending the resolution of the measurement issues and the receipt of the proposed Meridian City Council October 21, 1997 Page 11 ordinance which Ms. Stiles and Mr. Smith are to have for us at our strategic planning meeting on the 28th Corrie: Any further comments? Hearing none I will close the public hearing. Any further discussion? I will entertain a motion to your effect Mr. Morrow. Morrow. I would move to table to November 5th Tolsma: Second Corrie: Motion made to continue this, are you asking for a continue of the public hearing or just continue this? Okay, continue the discussion until November 5th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, as a point of clarification for Mr. Hepworth, what we are doing is tabling until the information comes in. Then November 5th we would instruct the City Attorney to draw up findings of fact and conclusions. ITEM #15: PUBLIC HEARING CONTINUED FROM OCTOBER 7, 1997: REQUEST FOR A CHILD CARE PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON — 2261 E. KATELYN: Corrie: I will open the public hearing at this time, is there a representative of the child preschool here tonight? Shari did they know about this tonight as well? They were notified. Morrow. Mr. Mayor, if memory serves me this is the second failure to show by these folks, I would move that we remove it from the future agenda. Bentley: Second Corrie: Just a minute, is there anybody else from the public that would like to issue testimony in this? Dave Olsen, 2145 East Katelyn, Meridian, was sworn by the City Attorney. Olsen: I just want to go on record and state that I don't know if the decision has been made or not to decline this. I am opposed to it for the increased traffic on a very small street in a subdivision. It is not a through street and by allowing ten children it would increase the traffic flow a lot. There is only 18 houses on the street counting both sides of the street. I just want to gc on record again, thank you. MERIDIAN CITY COUNCIL MEETING: OCTOBER 21 1997 APPLICANT: GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP ITEM NUMBER: 14 REQUEST:PUBLIC HEARING CONTINUED FROM 10-7-97: REQUEST FOR VARIANCE TO REQUIREMENT TO TILE THE SAFFORD LATERAL 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 �JA � •�� f eJ, U/� All Materials presented at public meetings shall become property of the City of Meridian. OCT. -21' 9(TUE) 13:49 EM ENGINEERS INC, TEL:208 734 6049 P. 002 EHM Englingirs, Inc. 5:21 North QW1aM &jjW 100 JWrj Folle. 10 83301 2M/734 -UBS FAX 734,WQI JOB NAME L4 6' �_)o "5- -JOB NO. BY GATE SHEET OF Pei CRIMED. .......... L Z -v, e ..Aane 7d 16!V" re (g IAOUL C), -L-FT EMMMME MIMMMME + 1 0. 2==M1=W== M=m Meridian City Council October 7, 1997 Page 12 Come: Motion made and seconded that we give the variance for findings of fact and conclusions of law to the City Attorney. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16,1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: At this time I will open the public hearing and invite the representative of Golfview Associates to come forward to give their testimony first. Russ Hepworth, 4418 Clinton Street, Boise, was, sworn by the City Attorney. Hepworth: Like I said I am representing Golf View Estates Limited Partnership and they are requesting a variance for tiling of the Safford Lateral which is located on the north boundary of the Golf View Subdivision. This variance is for phases four and five. These are the last two phases of a five phase subdivision. All of these phases were preliminary platted together and at the time that this preliminary this subdivision was preliminary platted no requirement had been made for the tiling of this lateral and that the first three phases of this subdivision have been constructed without this requirement. The phases that have been constructed along this lateral have been fenced with the 6 foot chain link fence. We are requesting that the final two phases of these subdivisions be handled in such the same manner to continue the chain link fence. Which would assure the consistency and the protection of the lateral and also maintain access to this lateral and also protect the homeowners of this subdivision from any liability or access to this lateral and have this consistent with the phases that are built and constructed at this time. Corrie: Any questions from Council? Anyone else from the public that would like to issue testimony in this request for variance. Hearing none I will ask the Council any questions or discussion? Morrow. I have a question for Gary Smith, Gary, does this junction does this Safford lateral exceed the 48 inch requirement? Smith: Excuse me just a moment please. Mr. Mayor and Councilmen I am not sure the size of the pipe upstream from this subdivision where it parallels Cherry lane road just outside the fence that Cherry Lane Village wants to build. I just can't recall the diameter of the pipe. I can't imagine that the pipe is larger than 48 inches carrying the water adjacent to Cherry lane Village No. 1. Morrow In any event the first three phases were not piped they were allowed to put chain link fence (inaudible). Meridian City Council October 7, 1997 Page 13 Smith: That is correct. Rountree: I had the same question, maybe the applicant can shed some light on what their engineering tells them (inaudible). Hepworth: I have contacted I believe it was John Anderson with Nampa Meridian to determine what size they would require on that. He could not at that conversation give me an answer to the size that they would require through that. He said that further design, slope of the lateral, behind the subdivision would have to be determined before he could give me a size on that. I don't know of the size of the pipe upstream (inaudible). Corrie: Any further discussion or questions? I will close the public hearing. We will need Rountree: I guess for discussion it would be my inclination if it is not of the size 48 inches or longer I would not be inclined to go with a variance even though the initial projects are open and chain link fenced they are pretty unpresentable. They are a maintenance headache for the property owners I believe. Nampa Meridian Irrigation has done minimal to maintain lineal weed patches in that section through this particular subdivision at this point in time. I would not be inclined to continue (inaudible). Morrow. Mr. Mayor, question for Gary, in terms of where the chain link ditches are or maybe Shari or both with respect to Mr. Rountree is being kind very candidly it is a mess between the chain link fences with respect to maintenance. Is that an example of what Nampa Meridian is supposed to maintain and part of our conversations with our ditch committee in terms of how well they would maintain things. Who is supposed to maintain this? Smith: Mr. Mayor, Councilman Morrow, Councilmen, I believe that is the responsibility of the irrigation district as far as to fence that area of the ditch if it is on the ditch side of the fence then it is the responsibility of the irrigation district to maintain it. That is my understanding. Morrow. I guess my question to Ms. Stiles is this an example of what they indicated to us their aggressive maintenance program was? Stiles: I believe it is, the only response that 1 have ever seen when there are so many weeds is that after they get so many calls they will eventually go out but it is not until after a great deal of concern on the adjoining property owners. Morrow. I guess my question would be is that is not the impression that 1 thought they left our committee if wn% were willing to give them the necessary easements, right of ways and so on and so forth that they were going to have a normal maintenance program. Obviously that isn't the case. If it is compliant generated then having seen Meridian City Council • • October 7, 1997 Page 14 that within the last week or so it isn't and I agree with Councilman Rountree that once we find out what the size of the pipe is, I am not willing to take action without knowing the size of the pipe. If it clearly would work in a 48 inch pipe or less then I think it needs to be covered. If it obviously doesn't fit in a 48 inch pipe then it needs to be a chain link system as it currently is. So that is how I see it. Bentley: Mr. Mayor, I too agree that if this piping situation requires a 48 inch or less then we need to go ahead with the piping. I am not prepared to move on this until we have the piping sized. Morrow. Mr. Mayor, I would move that we table until our meeting of October 21st pending the resolution of the size of the piping. I think that my preference would be to continue the public hearing to allow that testimony. At that point in time take action. Rountree: Second Corrie: Motion made and seconded that we continue the public hearing until October 21't to determine the piping diameter on the lateral, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LUMBERMEN'S BUILDING CENTER — 415 EAST BROADWAY: Corrie: I will open the public hearing at this time and invite the representative from Lumbermen's to step forward. Ed Pierce, 2636 W. Bridgestone Court, Meridian, was sworn by the City Attorney. Pierce: I represent Lumbermen's Building Center in the request for this variance. We are in the process right now with negotiating with Boise Cascade to buy a building at 415 E. Broadway and there are kind of some special conditions that apply on this property. The property itself we can't buy because it belongs to Union Pacific Railroad, and our reasoning behind applying for this variance as far as putting in curb, gutter and sidewalk was the fact that we felt it would cost us too much money to type of expensive property that we could never really own. So we applied for this variance. In gathering my information to apply for this variance I also discovered that on Broadway for about 3 blocks the right of way that Ada County Highway district has on Broadway is 100 foot wide. It is 40 feet to the residential side from this end of the road and 60 feet to the property side. This puts the existing fence that is out front 20 foot into the right of way and then down the street the BMC West door shop has an existing building that is at the 40 foot mark too which would put it 20 feet into the right of way. As par', of the process for applying for a variance Ada County Highway District was involved and was called I think they called it a tech meeting something like that. They did this draft, I don't know if • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7,1997 APPLICANT: GOLFVIEW ASSOCIATES LIMTED PARTNERSHIP ITEM NUMBER: 8 REQUEST: PUBLIC HEARING CONTINUED: REQUEST FOR A VARIANCE TO TILING THE SAFFORD LATERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1 Meridian City Council September 16, 1997 Page 15 MOTION CARRIED: All Yea ITEM #12: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION, 43 LOTS BY D.W. INC.: Corrie: Is there a representative from D.W. Inc. here this evening? Council discussion? Morrow. Mr. Mayor, Gary and Shari D.W. Inc. is Dan Woods is it not? I guess consistent with our policy I would like to hear him make a presentation. Stiles: Mr. Mayor and Council (Inaudible) Rountree: Mr. Mayor, I would move that we table this item until our December 2"d meeting. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to table the final plat for Devlin Place Subdivision to December 2"d, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: I will open the public hearing, however, Shari I understand you have a (inaudible) to table this one as well. Stiles: Yes, Mr. Mayor and Council they requested that the public hearing be continued to the 7th as their representative was unable to be here tonight. And because of the issues with regard to the ordinance. Morrow. Mr. Mayor .I would move that we continue the public hearing for Golfview Association Limited Partnership to October 7m Corrie: Before I get a second on that is there anyone here from the public that wants to testify at this time on this particular item? I will take the second now. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to continue the public hearing to October 7th, any further discussion? All those in favor? Opposed? r y Meridian City Council 0 September 16, 1997 Page 16 MOTION CARRIED: All Yea - ITEM #14: PUBLIC HEARING: REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR A DAY CARE FROM JERRY COBLER TO MUHAMMAD SABIHA ALI —1155 E. CHATEAU: Corrie: I will open the public hearing at this time and invite the applicant to come forward. Muhammad Ali, 3437 S. White Post Way, Eagle, was sworn by the City Attorney. Ali: We would like to request the Council and City to approve our transfer of conditional use permit for the day care. We will continue to meet the City's requirements as they are and provide quality child care. We have existing facility in Boise right now, we run that day care which is a much larger facility. We will transfer that technology and know how to this day care and enhance the quality of .day in this vicinity which this neighborhood needs one. Corrie: Questions from Council for Mr. Ali? Morrow. Mr. Mayor, my only question is that you are familiar with all the original conditions of approval for this day care and you are in agreement with the original conditions of approval? Ali: Yes sir Corrie: Anyone else from the public that would like to issue testimony at this time? Thank you Mr. Ali, Council discussion? Morrow. I have no discussion if Gary and Shari don't have any. Corrie: Gary and Shari any comments? I will close the public hearing. (Inaudible) Corrie: Would you come up here so we can get it on the record and get it correct Ali: I think, my name is Muhammad and my wife is Sabiha so I think it should read Muhammad and Sabiha Ali. Corrie: Okay, thank you. Any problem Counselor with the permit? Crookston: Walt asked me if we needed to have new findings of fact and conclusions of law for the transfer and I don't believe that we do. • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16.1997 APPLICANT: GOLF VIEW ASSOC. LIMITED PARTNERSHIP ITEM NUMBER: 13 REQUEST: REQUEST FOR A VARIANCE TO REQUIREMENT TO TILE SAFFORD LATERAL 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: COMMENTS "REVIEWED" 1 �I SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • COUNCIL MEMBERS OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD OLSMA JANICE L. SMITH, City Treasurer GARY D. SMITH, RE., City Engineer CITY OF MERIDIAN C HARLES M. OUNTR EE BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z AdministratorL!5�;_ DATE: September 12, 1997 SUBJECT: Request for Variance from Requirement to Tile the Safford Lateral by Golfview Associates Limited Partnership This application has been submitted in response to a condition placed on the development by the City Council for extension of time requirements on Golfview Estates Nos. 4 and 5 Subdivisions. The property is directly south of Ashford Greens Subdivision, and Brighton Corporation has submitted a request for variance on this same irrigation facility. No decision has been made on that application due to the discussions taking place on revising the section of the Ordinance dealing with piping of ditches. Coordination is needed between these two developments to come up with the best alternative. If the ditch is left open and access roads are planned both north and south of the lateral, that would appear to be excessive, regardless of the easement claimed by Nampa -Meridian Irrigation District. If the ditch is left open and fenced, the fence should be of non-combustible construction due to the fact that little or no maintenance in the form of weed control is performed by Nampa -Meridian Irrigation District. Even though this facility is a live irrigation ditch, it is unfortunate some enhancement of the area cannot take place to make it aesthetically pleasing and an asset to each development instead of a liability. As Gary Smith and I are working on a draft ordinance to be reviewed by the City Council at the September strategic planning meeting, this matter should be continued until the October 7, 1997 City Council meeting. 3 September 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 RE: Variance Request to Tile the Nampa & Meridian Irrigation District's Safford Lateml on the North Boundary of Golfview Estates Nos. 4 & S. Dear Commissioners: The Nampa & Meridian Irrigation District recommends this variance be denied. Sincerely, 44 Bilenson�t. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File = Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 FAX # 208-888-6201 Phones: Area Code 208 is�1bE 11�\►►��++�LLii OFFICE: Nampa Boise 466-7861 343-1884 { SEP 5 1397 SHOP: Nampa Boise 466-0663 345-2431 RE: Variance Request to Tile the Nampa & Meridian Irrigation District's Safford Lateml on the North Boundary of Golfview Estates Nos. 4 & S. Dear Commissioners: The Nampa & Meridian Irrigation District recommends this variance be denied. Sincerely, 44 Bilenson�t. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File = Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • is COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA OF MERIDIAN C HARLES M. CITY GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9, 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Variance to requirement to tile the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Cherry Lane & Black Cat Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, 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(PR I FINAL PLAT) CITY FILES 'jq� 3. A OTHER: YOUR CONCISE REMARKS: SEP -4 ,2 OF �,pt t�" A WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 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 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9, 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Variance to requirement to tile the Safford Lateral BY: Golfview Associates Limited Partnership LOCATION OF PROPERTY OR PROJECT: West of Chem Lane & Black Cat Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P2 _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, 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: -e C! `E 1 y I> 4 't . 4-111:10 00 IAIv