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HomeMy WebLinkAboutTurnberry Sub VAR• HUB OF TREASURE VALLEY 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding 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 30, 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Tumberrv Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: West side of Black Cat Road, between Ustick and Cherry JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • • CIT'i~ CMF MEltiDiAN 33 East ldah~ Street, Meridian, ID 83f~2 V~4XtlANS'E APPI.YCATiON ~- (vt2N tzJ2RR~'~' {RE: Meridian honing Ordinance) ~VP.~17'11~'1St~l~ NAME: ~~~ Le~-+~ ~o C~VF-.c~Met-T[- Phone: 5b3 -fo3S• 2`~e (Uwner o~ holder of valid option) ADD1zESS: ~~3Z5 SW ~sE~ ~~'RszY, S~t~ 2~ T ..~~ GENERAL LOCATION: ~kK ~ t ~-~ lw~ StGE~ LEGAL DESCR~'"IIt'~N OF PROPERTY : f~ t ('~'C'~~ PROOF OF ~WIYER~~HIP OF VALID OPTION: A copy of your proCdeetl ar option agreement must be attached. bW N~ P¢crnr~j ,6PP t t~Au tT -~. PRESENT 20NE CLASSIFIC.4'I`YON: IZ I " C~1 t-1G ~'LoF~ Lo ~ Uf'bh~ ~.pQ~wrct~. o~ ~Ltc~?'1uN5 VICINITY SY~TC.Y~: A viraraity map aa~ilor site plea at a. scale approved by the city showing properly lines, streets existing atul proposed znninl; and such other items as the City may require. S~ ~~CTnGN~ Plat' ~ M+~'p's SURROUNDING FRUPFRT'Y QVIrNERS: A list of all Iuopariy owners and a+~ir+esses within, cantiguoas to, direcHy across die street from, aad within a 3C~° radius of the parrcel(s) proposed for a variance must be attached. (This infarmat~tan is available from the County ~4ssessor.} c~4Tio.Irtl9P inn G1S NEAP p,~7t~ ~ t~ CDt-~nY L1ESC1tIPTION OF PROPOSED 'VARIANCT~: ~~+E !°l9`7 ~• l.a~ ~~~s 8c~x~ 1~-~-tti4 z) t~uG~-rloN ~~~~ t~ . Ste' '~IG~CsS E~JGfN~ ~ fl ~-. Ci~yS,amneil. Ag~?~ SiGNA' CITY CQUNCiL RECORDS Date Rec:eaved Received by • ~pIGINEER//yG BRIGGS INC. July 9, 1997 City of Meridian c/o Shari Stiles, Zoning Administrator 33 Idaho Street Meridian, Idaho 83642 Re: Turnberry Subdivision--Preliminary Dear Shari: Thank you for taking the time to discuss this application several times with u:. during the last six or seven months. Working with the client and the applicable agencies, we now believe we have addressed many of the issues involved in making this an attractive and successful development for the City of Meridian and our clients. The project involves approximately 36 acres and is located between Ustick and Cherry--on the west side of Black Cat Road (see attached maps and vicinity map on the preliminary plat). The application involves the annexation and rezoning of the property to from RT zoning (Rural Transitional.) to R-4 zoning (Low Density Residential), the approval of the preliminary plat, and City approval of some variance requests. With respect to the Prelimina plat and },~ nnaYatinn an Zoning of Turn~~'y Subdivison,_plea~e note the 1 w The property will be developed in two phases (see attached preliminary plat--site data infonation is included). The proposal involves the platting of 118 residential lots. Bach lot will be a1: least 8,000 sq. ft. in area. As discussed in our previous meeting, this is a much more desirable lot size for development in this area (compared to a smaller and more dense residential development of the site). The ;proposed R-4 zone provides for a maximum density of four dwelling units per acre. The developer believes that this proposal fills a need in the area by offering a larger lot size alternative (compared to higher density projects and smaller lot developments). Note that the density is similar to the Rural Medium density (:R-3 zoning) of three dwelling units per acre--eventhough the proposal involves a request for R-4 zoning. The proposed density is well within the standards of all applicable plans and ordinances (four dwelling units per +icre). City services will be provided for the lots within this development. A great deal of effort, coordination, discussion, compromise, and planning, and design has been exerted in arriving at the final design of this project. Upon receiving preliminary plat approval, the developer will provide the necessa~.y landscape plans for review, comment, and approval. With respect to these open areas, the following should lbe noted: 1. Three pathway connections are provided in the subdivision: ThE~e connections will... A. Serve as linkages for the neighborhoods B. Provide for convenient and appealing pedestrian movement X1016-6-2 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ! • BRIGGS ENGINEERING, INC. 1111 s. Orchard; suite soo • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 C. Break up long block lengths (as identified yin Section 9-605-C of Meridian Code). D. Provide for drainage and landscaping/beautification. 2. ~ buffering landscape strip will be provided along Black Cat road. 3. Buffering and turn lanes will be provided along (and at the.end of) the main access road (Charles Street). This should enhance and sisplify traffic ~wvement (ingress and egress, while providing a rather pleasant "approach" into the project„ 4. Open space area will be provided to accommodate some additional recreational needs while providing for adequate drainage 5. Open areas will be appropriately maintained by the Homeowner 1lssociation. as discussed with City staff, each component of this development (i.e. easements on the preliminary and final plat, street names, street design, and the construction of streets, curbs, clutters, sidewalks, as well as connection to city services), will comply with the applicable requirements and. ordinances of the appropriate public agencies--including the City of Meridian and ~CHD. With respect to the Variance application (attached), please note that the developer's concerns regarding the following variance items and the appropriate reasons for the request: i. approval of reduction from the 80' lot frontage requirement: Cul-de-Sac lots aze allowed to reduce their frontage requirements to 40' in order to provide for better use of the land. The streets in this development are designed to facilitate safer and more efficient traffic circulation. as a result, the lots located on these "looped/c~irved" streets, cannot asst the minimum street frontage requirement of 80' without being exc~~sive in size and/or creating awkward, non-radial lots. Please not that the number of lots on curves that do not meet the minimum 80' frontage require'ent (chord length) aze few; horiever, so'e deviation from the ordinance is necessary to provide for orderly and reasonable development of the property. Mote also that the frontages are being reduced as little as possil~ie--they aze greater than the allowed 40' frontages for Cul-de-Sac lots. 2. Approval of a vaziance from the requirement. to pipe all irrigation ditches on the site: The ditch along the south and west sides of the project straddles and/or meanders out of the bounds of this project. additionally, in order to pipe the ditch, the developer would have to provide piping in excess of 48" in diameter along both sides of the property (our 8agineers contacted the irrigation district to determine the flows of the Stafford sub-lateral. In order to appropriately address this issue, the easement around the ditch will be platted as a lot and appropriate fencing will be constructed to protect the area. This will help .preserve access to the lateral and avert potential conflicts with a "multiple land owner" situation. The maintenance of the area will be addressed in the Homeowner Covenants. 3. Formal approval of a variance from any block length requirements (maximum and minimum)--if not appropriately addressed and allowed under Section 9-605-0. Due to the internal loop design of the streets, some of the blocks may also be shorter than the minimui required block length. ~s required by ordinance, the developer asks that you approve the block lengths as shown and approved on the preliminary and/or final plat. 4. The special circumstances and conditions created as a result off the literal interpretation of specific ordinances (i.e. excessive pipe sites, non-lineaz strv~ets, pedestrian movement/block .length) sometimes prohibit and/or deprive property owners the ~~bility to enjoy the reasonable development of their property. in this particulaz instance, the granting of these requests does not confer any special or privileged treatment and/or they aze not necessazily the result 9416-6-2 • • BRIGGS ENGINEERING, INC. 1111 S. Orchard,' s~~te soo • Boise, Idaho 837'05 • (208) 345-2881 FAX # (208) 345-2950 of the applicant's~actions. The granting of these requests does not conflict with the Meridian Coaprehensive Plan. Approval siiply allows for reasonable and efficient design/developient of the property. As previously stated, this application is in co~pliance with the Meridian Co~prehensive Plan and the suggested densities and purpose stateients of the R-4 cone further support this application. AcCOrdillq to the Coaprehensive Plan, this area is identified for residential developaent of this nature. Developaent in the surrounding area, with siular zoning and densities, has already been approved-this project is in "hanony" with surrounding patterns of developuent in the area. As requested by both ACED and the City staff, the project has been redesigned to provide multiple street stubs to adjoining properties. The streets are designed for the safe and efficient aovenent of traffic (see attached Traffic Bngineering reports). We also discussed this application, and the access and stub locations, with the Fire Departwent. The single access yet "split" entrance style was acceptable. In addition, they were please to know that and three to four stub streets would be provided for future access. We also discussed the sloop" design of this project as it relates to aultiple access points and safety. Shari, we appreciate all the assistance that we received frog you.and other City staff uesbers during the various stages of preparation for this developsent application! Please notify Briggs Engineering iuediately if you have any questions or if you require any additional infonation. Sincerely, BRIGGS ENGiNEBRING, Inc. Q~~C~- (~ ,~ ~ van Blg Planner X1016-6-2 S1203223510 • S1203233610 • S1203325480 BRIGHTON CORPORATION BRIGHTON CORPORATION THE BOISE RESEARCH CENTER INC 12426 W EXPLORER DR STE 220 12426 W EXPLORER DR 12426 W EXPLORER DR STE 220 BOISE ID 83713-1560 BOISE [D 83713-1560 BOISE ID 83713-1560 S1203325430 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642-2631 S1203325600 BOISE RESEARCH CENTER INC 12426 W EXPLORER DR STE 220 BOISE ID 83713-1560 S1203325510 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642-2631 83195320220 83195320210 GOLF VIEW ASSOCIATES L P GOLF VIEW ASSOCIATES L P PO BOX 3510 PO BOX 3510 KETCHUM ID 83340-3510 KETCHUM ID 83340-3510 83195320190 83195320080 GOLF VIEW ASSOCIATES L P GOLF VIEW ASSOCIATES L P PO BOX 3510 PO BOX 3510 KETCHUM ID 83340-3510 KETCHUM ID 83340-3510 83195320070 S1203336052 GOLF VIEW ASSOCIATES L P MILLIRON RICKY V & KATHY L PO BOX 3510 4450 W CHERRY LN KETCHUM ID 83340-3510 MERIDIAN ID 83642-5432 S1204141840 S1204315300 MCNEALY STELLA JANICEK MONTE S & LELA MAY 2435 N BLACK CAT RD 2256 N MCDERMOTT RD MERIDIAN ID 83642-5327 MERIDIAN ID 83642-5308 S1204449350 S1204449400 CARSON PHILIP & WANDA CARSON PHILIP & WANDA 1947 N BLACK CAT RD 1947 N BLACK CAT RD MERIDIAN ID 83642-5363 MERIDIAN ID 83642-5363 83195320200 GOLF VIEW ASSOCIATES L P PO BOX 3510 KETCHUM ID 83340-3510 83195320090 GOLF VIEW ASSOCIATES L P PO BOX 3510 KETCHUM ID 83340-3510 S1204110102 LANGLEY FARMS LTD PARTNERSHIP 2435 N BLACK CAT RD MERIDIAN ID 83642-5327 S1204417460 QUENZER EUGENE & ARDYCE 3680 N BLACK CAT 8D MERIDIAN ID 83642-5330 S1204449450 WHITE ROBERT L JR & MARILYN K 1985 N BLACK CAT RD MERIDIAN ID 83642-5363 S1204438600 S1204438650 S1204449500 THIBAULT THOMAS & EVELYN MARCUM C DELBERT & JANET W WHITE ROBERT L JR & MARILYN K 5321 W CHERRY LN 5200 W CHERRY LN 1985 N BLACK CAT RD MERIDIAN ID 83642-5343 MERIDIAN ID 83642-5342 MERIDIAN ID 83642-5363 JUL 08 '97 1824 FR CITY OF h~RIDIAN 2~ 887 4813 T8 3452960 P.O7/O7 • /17. Stateanecrt that a literal intion of the lnrnisi~ of tlds Ondbsaace shall deprive the applicant of rights commonly enjoyed by other pmperttes in the same district tinder germs of this Ordinance. S#atement that special conditions ar exist that wine not a resalt of ttte applicant's action. .lam Statement that gzan~ting the variance requested. shall Qat coIIfer a~n the applicant nay special privilege that is denied by this Ordina~ux t4 other lands, strac#ru+es or httildings is the same distriict~ -~ Relationship of th~c proposed variamx ZQ the Meridian Comp~ehettsive Plan. .~-Y. A fee established by tle Councz7 - (SZSQ.tXt + X29 for each certified mailing m Tx3 sent =Total Fee) A statement of how the gratmiiig of the variance would corn-enicace the applirtm and how the applicant would profit therefrom, which statement shall also repot whether profit and convenience is the sole reason why the variance is requested. The pr~ierty will lx 1x1s0ed 1 wedc before the hearing stating that the Applicant bas applied for a Variance. There mast he s signed affidavit that this ~s bean dose as pare of the appliratia~. ~,~_, ~ TOTAL PAGE.O'7 'M°k JLL 08 '97 1823 FR CITY OF h~RIDIf~I 208 887 4813 TO 345''950 P.06i07 APPLICATION AND STANDARDS FOR VARIANCES A variance from the tams of this prdinance shall not be granted by the Connell unless and umil a written appiicatioa far a variance is submitted m the Administer and the CouiLCii. Provide a written narrative containing, where applicable, the foIIowing a~adined information: ~ p~~\~1r-eaN P~o~ / I . Address of sabjed property. ~ ao t= [~.TtvE ~- "j'~2N'~Y~~ g~ bpNK-cN ,~ 2. Name, address and phone aBmber of applicant. v 3. Name, address aad~phone mm~ber of owners of subject property. ~ 4. Proof of owueaship or valid option on the property or ar contrat'x interest therein with consent of the titled owner: ~-~ 5. Legal description of subject P'rot~y- .% b. Present use of subject property. v 7. What is irnended to be done on or with the PraPertY• ~ $. The district that pertains to t#te subject property. 9. Vicinity map at a sale approved by the Connell showing pmpeny Imes, existing streets, proposed district and oth,cr items as may be required. 7 ~p.• 10. Sche~c banding plans which iadicare typical elevation and IIaor plan of any prorposed conttructioa. . / i 1. A list of the ~lmg addresses of atI property owners (from aathenti,c tax records of Ada County) within three Iwudred fleet (300') of the external boundaries of the land being Q ,~ and a listing of the m~at"liag address of all property owners within the arcs of the tend being consida'ed. / 12. e~I,arace~:ci:rc of subject pt~aperty which prevent compliance with the requirements of this Ordiitancts. ~~ jMCC1~GN~~ ~t,.~ Mt NQT~'( ~~• ,~ 13 . Minimam requirements of this 4rdinanoe tlmt need tct be reduced do permit proposed use. ~' ~w~-~~YsG l~.t-bN Cs G~~VEV~fi~avi V S l~ Sn~D~~ • 14. I]ifftcnlty oar hardship which woaid result if requirGm~s of this Ondmance were allied ~ tia subject property. 1„0~ a{= fh~'Ng ~`C a+''~ #~ °~ 13u-t,.nA~ l.oT$. ! ~~~~ qc G~avier~ . ~,~-t~-5~cs ~ Net'tAf~ ort~Y Lose-rtot~ Z5. Unusaal or peculiar caircum which indicate that re~,vlatians of this Clydiaance ,~ shoald nett be sa3cxiy complied with. ~ ~~~s~~ i ~~~~ t~'rt~ 5 W - T 1`~ rp IoM b!!r~ RpPF~ ~ I6_ Staten~eat #Isat special conditions and cin~unstantaes exist which are peculiar for the Land, _ ~ savcdu~e or bunQings involved whiClt see not applicable to other lands, sa actnt~es or buildings in the same district. • • 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 October 7, 1997, for the purpose of reviewing and considering the Application of Benchmark Land Co., for a Variance land located in the NE %4 of the SE %, of Section 4, R.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the west side of Black Cat Road between Ustick Road and Cherry Lane. The Application requests a variance to the 80 foot frontage requirement. 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 19th day of September, 1997. AN K. DON, EPU ITY CLERK PUBLISH September 19 and October 3, 1997. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF BENCHMARK LAND CO. FOR A VARIANCE OF THE 1000 FOOT BLOCK REQUIREMENT, A VARIANCE FOR PIPING OF ALL IRRIGATION DITCHES, AND A VARIANCE OF THE 80 FOOT LOT FRONTAGE REQUIREMENT IN THE TURNBERRY SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 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. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - TURNBERRY SUBDIVISION 3. That the property is zoned R-4 (Low Density Residential). 4. That the Applicant's application states that the Applicant is proposing a 118 lot single family residential development in Turnberry Subdivision; that the lots will range in size from approximately 8,000 square feet to a little over 16,000 square feet; that a block length variance is requested for several unspecified blocks within the subdivision due to the internal loop design of the streets, making some blocks shorter than the minimum block length requirement, and making other blocks longer than the maximum allowable block length; that a piping variance is requested for piping of all irrigation ditches on site, including the Safford Lateral; that one ditch in particular straddles the boundaries of the property and that piping the Safford Lateral would require piping in excess of 48"; that a variance is requested from the 80' lot frontage requirement on unspecified lots in order to provide better use of the land, to promote safer traffic flow by use of loopedlcurved streets, and to provide orderly and reasonable development of the property. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That at the public hearing, the Applicant's representative testified that block lengths have been shortened and lengthened in the subdivision because of the curvilinear design; that pedestrian pathways have been incorporated to break up the FINDINGS~OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - TURNBERRY SUBDIVISION long block lengths, for open areas, pedestrian areas, for visual appearance and also for drainage; that the Nampa Meridian Irrigation district has indicated via letter that there is approximately 3000 miner inches of water travelling down the Safford lateral; that Dean Briggs, the engineer on the project, has indicated that factors which must be considered are the amount of water, the slope, the head on it and the length of pipe, all of which affect the size of pipe needed to pipe the Safford Lateral; that Dean Briggs' estimate that the minimum pipe size requirement for the project, covering roughly a half mile of irrigation line, is a 54 inch concrete pipe or a 64-66 inch corrugated metal pipe; and that there will be fencing along the Safford Lateral as required. 7. That the Nampa & Meridian Irrigation District submitted a letter dated September 30, 1997 stating that the Safford Lateral can be tiled or piped with a 48" or less diameter pipe. 8. That at the City Engineer's request, the Nampa & Meridian Irrigation District submitted an additional letter dated October 1997 stating that the Safford Lateral can easily be tiled or piped with a 48" or less diameter pipe. 9. That the City Engineer, Meridian Fire Department, Ada County Highway District, or the Central District Health Department may submit comments and they shall be incorporated herein if submitted. 10. That there was no other testimony at the hearing. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - TURNBERRY SUBDIVISION CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant'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 Section 11-9-605 E. of the Subdivision and Development Ordinance states as follows: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1000') in length. 6. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - TURNBERRY SUBDIVISION 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. 7. That Section 11-2-410 A, of the Zoning Ordinance provides that in an R-4 district, minimum street frontage shall be eighty feet (80'). 6. 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. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 9. 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; FINDINGS OF" FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - TURNBERRY SUBDIVISION 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. 10. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the block length Ordinance and the lot frontage Ordinance would clearly be unreasonable since the subdivision is platted to provide for looped/curved streets to promote orderly and reasonable development of the property and to facilitate safer and more efficient traffic circulation. b. That the granting of the variance of block length and lot frontage would prevent extraordinary hardship to the owner, subdivider, or developer because the layout of the subdivision promotes the reasonable development of the property and the project is in harmony with the surrounding patterns of development in the area. c. That the granting of variances would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the granting of the variances would not uiolate the provisions of the Idaho Code. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - TURNBERRY SUBDIVISION e. That the variances would not have the effect of altering the interests and purposes of this Ordinance or the Meridian Comprehensive Plan. li. That it is concluded that the Application for variances from Section 11-9-605 E. of the Subdivision and Development Ordinance on block length requirements and Section 11-2-410 A. of the Zoning Ordinance on minimum lot frontage, should be granted if following submission by the Applicant, in writing, to the office of Shari Stiles, the Planning and Zoning Administrator, and Gary D. Smith, the City Engineer, specifications by lot and block number of what blocks will be lengthened or shortened and which lot frontages will be reduced, Ms. Stiles and Mr. Smith approve. 12. That as to the request for variance of piping under Section 11-9-605 M. of the Subdivision and Development Ordinance, it is concluded that there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the Safford Lateral would cause extreme hardship to Applicant. 13. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that tiling of the Safford Lateral would not necessarily achieve the safety purpose for which tiling is required in the Ordinance because of the grating which would be required before the start of the tiling and the force of the water. 14. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - TURNBERRY SUBDIVISION a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 15. That it is concluded that the Application for a variance from Section 11-9-605 M, PIPING OF DITCHES, should be granted as to the Safford Lateral. As to any other irrigation ditches not specified in the application, a variance from Section 11-9-605 M, PIPING OF DITCHES is not granted. 16. That the Applicant shall, before the variance from the block length requirement and the lot frontage requirement is granted, supply proof that it is the owner of the property or that the owner consents to the variance. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 8 VARIANCE - TURNBERRY SUBDIVISION 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 DECISION That it is decided the variance for a block length of greater than the maximum and/or less than the minimum requirements and a variance of lot frontage requirements in Turnberry Subdivision is granted. Said approval is conditioned upon submittal of information listing the exact lots and blocks for which the variance is requested, to Shari Stiles, the Planning and Zoning Administrator, and Gary Smith, the City Engineer for approval. It is further decided that the variance for piping of the Safford Lateral in Turnberry Subdivision is approved. APPROVED: -• DISAPPROVED: Changes and Finaled 12/30/97 FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 9 VARIANCE - TURNBERRY SUBDIVISION • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF BENCHMARK LAND CO. FOR A VARIANCE OF THE 1000 FOOT BLOCK REQUIREMENT, A VARIANCE FOR PIPING OF ALL IRRIGATION DITCHES, AND A VARIANCE OF THE 80 FOOT LOT FRONTAGE REQUIREMENT IN THE TURNBERRY SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 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 (Low Density Residential). 4. That the Applicant's application states that the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - TURNBERRY SUBDIVISION • • 1 Applicant is proposing a 118 lot single family residential development in Turnberry Subdivision; that the lots will range in size from approximately 8,000 square feet to a little over 16,000 square feet; that a block length variance is requested for several unspecified blocks within the subdivision due to the internal loop design of the streets, making some blocks shorter than the minimum block length requirement, and making other blocks longer than the maximum allowable block length; that a piping variance is requested for piping of all irrigation ditches on site, including the Safford Lateral;. that one ditch in particular straddles the boundaries of the property and that piping the Safford Lateral would require piping in excess of 48"; that a variance is requested from the 80' lot frontage requirement on unspecified lots in order to provide better use of the land, to promote safer traffic flow by use of looped/curved streets, and to provide orderly and reasonable development of the property. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That at tie public hearing, the Applicant's representative testified that block lengths have been shortened and lengthened in the subdivision because of the curvilinear design; that pedestrian pathways have been incorporated to break up the long block lengths, for open areas, pedestrian areas, for visual appearance and also for drainage; that the Nampa Meridian Irrigation district has indicated via letter that there is FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - TURNBERRY SUBDIVISION • approximately 3000 miner inches of water travelling down the Safford lateral; that Dean Briggs, the engineer on the project, has indicated that factors which must be considered are the amount of water, the slope, the head on it and the length of pipe, all of which affect the size of pipe needed to pipe the Safford Lateral; that Dean Briggs' estimate that the minimum pipe size requirement for the project, covering roughly a half mile of irrigation line, is a 54 inch concrete pipe or a 64-66 inch corrugated metal pipe; and that there will be fencing along the Safford Lateral as required. 7. That the Nampa & Meridian Irrigation District submitted a letter dated September 30, 1997 stating that the Safford Lateral can be tiled or piped with a 48" or less diameter pipe. 8. That at the City Engineer's request, the Nampa & Meridian Irrigation District submitted an additional letter dated October _, 1997 stating that the Safford Lateral can easily be tiled or piped with a 48" or less diameter pipe. 9. That the City Engineer, Meridian Fire Department, Ada County Highway District, or the Central District Health Department may submit comments and they shall be incorporated herein if submitted. 10. That there was no other testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - TURNBERRY SUBDIVISION • 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 Section 11-9-605 E. of the Subdivision and Development Ordinance states as follows: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1000') in length. 6. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - TURNBERRY SUBDIVISION • • be served in the individual case. 7. That Section 11-2-410 A. of the Zoning Ordinance provides that in an R-4 district, minimum street frontage shall be eighty feet (80'). 8. 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. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 9. 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., FINDIN(~8 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; FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE -' TURNBERRY SUBDIVISION • • 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. 10. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the block length Ordinance and the lot frontage Ordinance would clearly be unreasonable since the subdivision is platted to provide for looped/curved streets to promote orderly and reasonable development of the property and to facilitate safer and more efficient traffic circulation. b. That the granting of the variance of block length and lot frontage would prevent extraordinary hardship to the owner, subdivider, or developer because the layout of the subdivision promotes the reasonable development of the property and the project is in harmony with the surrounding patterns of development in the area. c. That the granting of variances would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the granting of the variances would not violate the provisions of the Idaho Code. e. That the variances would not have the effect of altering the interests and purposes of this Ordinance or the Meridian Comprehensive Plan. 11. That it is concluded that the Application for variances from Section 11-9-605 E. of the Subdivision and Development Ordinance on block length requirements and Section 11-2-410 A. of FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - TURNBERRY SUBDIVISION • the Zoning Ordinance on minimum lot frontage, should be granted if following submission by the Applicant, in writing, to the office of Shari Stiles, the Planning and Zoning Administrator, and Gary D. Smith, the City Engineer, specifications by lot and block number of what blocks will be lengthened or shortened and which lot frontages will be reduced, Ms. Stiles and Mr. Smith approve. 12. That as to the request for variance of piping under Section 11-9-605 M. of the Subdivision and Development Ordinance, it is concluded that there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the Safford Lateral would not cause extreme hardship to Applicant, as the Nampa Meridian Irrigation District has stated that a pipe 48" or less in diameter is sufficient to pipe the Safford Lateral. 13. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that requiring tiling of the Safford Lateral would achieve the safety purpose for which tiling is required in the Ordinance. 14. That regarding .Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable since the Safford can be piped using a 48" diameter pipe. b. That strict compliance with the requirements of this ditch tiling Ordinance would not result in extraordinary hardship to the Applicant. c. That the granting of a variance would be detrimental FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - TURNBERRY SUBDIVISION U U to the public's welfare or possibly injurious to the public. d. That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development ordinance for safety purposes. 15. That it is concluded that the Application for a variance from Section 11-9-605 M, PIPING OF DITCHES, should be denied as to the Safford Lateral. As to any other irrigation ditches not specified in the application, a variance from Section 11-9-605 M, PIPING OF DITCHES is also denied. 16. That the Applicant shall, before the variance from the block length requirement and the lot frontage requirement is granted, supply proof that it is the owner of the property or that the owner consents to the variance. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 8 VARIANCE - TURNBERRY SUBDIVISION • 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 DECISION That it is decided the variance for a block length of greater than the maximum and/or less than the minimum requirements and a variance of lot frontage requirements in Turnberry Subdivision is granted. Said approval is conditioned upon submittal of information listing the exact lots and blocks for which the variance is requested, to Shari Stiles, the Planning and Zoning Administrator, and Gary Smith, the City Engineer for approval. It is further decided that the variance for piping of the Safford Lateral in Turnberry Subdivision is wed-. ~P~~~ ~et~C. APPROVED: Finalized 10/21/97 DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 9 VARIANCE - TURNBERRY SUBDIVISION ,. • CENTRAL •• DISTRICT ~i'~'HEAL DEPARTM To prevent and treat d 00-0411 TH ENT MAIN OFFICE • 701 N. ARMSTRONG Pt. • BOISE. ID 83704-0825 • (208) 375-5211 • FAX 327-8500 isease and disability; to promote healtlry lifestyles; and to protect and promote the ltealth and quality of our environment. June 7, 2000 ~°~~D JUN - 8 2000 CITY OF MERIDIAN David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Turnberry #2 Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on June 6, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, //~ ~i~~~~~f ~%~~G Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Benchmark Land Company Briggs Engineering, Inc. MR:js Serving Palley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PC Boise. ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley Count' Office 703 N. 1 st Street P.O. Box 1448 McCall. ID. 83638 Ph. 634-7194 FAX: 634-2174 +; ** TX CONFIRMATION REPORT ** AS OF JUN 08 '00 18 32 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 15 06/08 18 31 PUBLIC WORKS 16 06/08 18 31 2088886854 CENTRAL •• DISTRICT HEALTH DEPARTMENT MAIM OFFICE • 107 N. ARMSTRONG PL • 801SE, ID 83704-0825 • (208) J75.5211 • FAX J27~8500 Tn prrvntt arrd !real direase med disol+i/ity; d, prrxnrNr beaUhy ffijesryles; m+d to prorut and prr>rnute the health and quality of our envirunn+rrrt 00-0411 MODE MIN/SEC PGS CMD#t STATUS OF--S 00'14" 001 014 OK EC--S 00'23" 001 014 OK rune 7, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 Rl;: Turnberry #2 Subdivision Dear Mr. Navarro: R~CE~D JUN - 8 2000 CITY OF ME$IDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on June 6, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, _ ~~~ ~~~ Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Benchmark Land Company Briggs Engineering, Inc. MR:js Serving l/alley, Elmore, Boise, and Ada Coul:ties Ada /Boise County Office 707 N. AlmoOng PI, Bolse,ID 83704 EnvirO HeOlih; 327.7499 Family PIO(1(1i(1p' 327.7x00 Immunii:atbns; 327.7460 Senior Nutrition. 327-7440 WIC: 327.7488 FAX: 327-8500 Ada-WIC Satellite Ollie9 1604 Rpoerr St, Bosse. ID 83705 Ph 33x•3355 FAX:33xaJ65 Elmore County Oflice 520 E. 8th Str9ef N, MoUnrpin Home, ID 83647 Envlro. Health: 587-9225 Family HeoRn; 587.4x07 wiC:587.4409 FAX: 587,3521 vales count' olrr~e 7Q3 N. 1st Street P.O Box 1 ddb MCCoII, ~ 83b38 Pn. 6347104 FAX:63d-2114 1 Meridian City Council November 5, 1997 Page 6 NEW CHAPTER 4 TO BE KNOWN AS BUILDING AND PLANNING AND ZONING DEPARTMENTS JOINT OPERATION PROVIDING THAT REVENUE AND FUNDING AND THE EXPENSE OF THE BUILDING DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT SHALL BE COMBINED SUCH THAT BOTH DEPARTMENTS ARE FUNDED BY THE SAME APPROPRIATION AND THE EXPENSES OF BOTH DEPARTMENTS ARE PAID FROM THE SAME BUDGET AND FUNDS; PROVIDING THAT THERE SHALL BE AN OPERATING FUND FOR BOTH DEPARTMENTS WITH THE RESERVE FUND ESTABLISHED TO ENABLE FUNDING OF THE TWO DEPARTMENTS IN THE EVENT THAT THE CITY DOES NOT HAVE SUFFICIENT TAX REVENUES TO SUPPORT AND FUND BOTH DEPARTMENTS; PROVIDING THAT IF THERE ARE MORE REVENUES THEN EXPENSES FOR OPERATING AT THE DEPARTMENTS ACCOUNTS MAY BE ESTABLISHED FOR CAPITAL IMPROVEMENTS AND FUNDS REMAINING AFTER THE PAYMENT OF ALL NECESSARY EXPENSES OF THOSE TWO DEPARTMENTS MAY BE TRANSFERRED TO THE CAPITAL IMPROVEMENT ACCOUNTS CREATED AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance No. 776 read in its entirety? Seeing none Council? Morrow. Mr. Mayor, I would move that we adopt Ordinance #776 with suspension of rules. Rountree: Second Corrie: Motion made and seconded to adopt Ordinance #776 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: TABLED OCTOBER 21, 1997: OF LAW FOR VARIANCE REQUEST BENCHMARK LAND CO.: FINDINGS OF FACT AND CONCLUSIONS FOR TURNBERRY SUBDIVISION BY Morrow. Mr. Mayor, I believe that we need to have some discussions regarding this, I believe that the original table was to wait for confirmation of water flows and pipe sizing and interpretations with respect to what Nampa Meridian was giving us for information on what Briggs Engineering was giving us for their information and that Gary Smith was in charge of trying to bring all of that together and trying to make some sense out of it. I believe also there was an issue with a difference of opinion as to a number of minor inches involved. It also appeared that there was an additional water going into the lateral at drainage points both from Nampa Meridian Sources and from Settlers. So having asked those questions Gary have you got prepared for us a presentation that we can discuss them? Meridian City Council • • November 5, 1997 Page 7 Smith: Mr. Mayor and Council members, I had some information, unfortunately I just received it late this afternoon from John Anderson and it is verbal information that he gave to me in a meeting in my office about 3:30 or so. I can relate I think the contents of that meeting to you if you would like. Also I have spoken with Van Elg and Dean Briggs and Stan McHutchinson on a conference call today after my meeting with John Anderson. John Anderson has stated that the length of Safford lateral from the SE corner of this project to the NW corner of the project can be piped with a 48 inch diameter smooth wall interior pipe. He stated that pipe or a pipe smaller than that diameter would carry the flow in the ditch. He has told me he will provide a letter to the City of Meridian confirming that statement and also that Nampa Meridian would maintain the liability for the ditch for future flows in the ditch and that the pipe installed in the ditch ~nrould take the flows and that if there was any damage that it would be their responsibility, flooding damage that is. There is a question that the developer's engineer has raised during our telephone conversation today. Probably the biggest part of that question has to do with the location of the ditch along the west boundary of this property and a request from them for a.defnition of our ordinance in terms of piping the ditch adjacent and I will paraphrase this adjacent- and. contiguous to the property being developed and just exactly what this means. According to the information provided to me over the phone by Briggs Engineering near the SW corner of the property the east bank of the ditch is near the property corner, the ditch itself is not on the property but the east bank of the ditch is. The SW comer of the property is on the edge of bank of the ditch at the SW corner. As you travel to the north the ditch veers slightly to the west and by the time you get to the NW corner reportedly the edge of bank is approximately 5 feet from the property comer. I told Briggs Engineering that I wasn't capable or able to make that judgement on what adjacent and contiguous means. If that is indeed adjacent and contiguous. Again I am paraphrasing I am not certain that is the exact language out of the piping ordinance, ditch piping ordinance. I told John Anderson today in my meeting that in order for us City staff and you as the City Council and Mayor to make decisions on these things we have to have definitive information from them, it is their facility. We have to have specifics in writing as to what they have and what they feel is appropriate on these ditches. To date we haven't received that unless we specifically ask for and generally it is after the fact. At least one meeting has taken place. We have to have that, I told him that we had to have it in order to make a decision. I don't think it is our place to ferret this thing out and determine in our own mind whether the ditches are pipable or not. We don't have the facilities to take elevations on the ditch banks, the high water marks in the field to determine that. This is a job that the irrigation district needs- to do. They have a consulting engineer that is retained by them and they are capable of doing that kind of work and offering those sorts of things to us. It is really an issue to meet that needs to be decided between the district and the applicant the developer and the developer's representative.. (would suspect that we would get involved in it as a mediator if that is the right word if the two parties can't resolve the issue. But again it is their facility, it is the irrigation district's facility. The matter of the ditches side ditches that are emptying into the Safford lateral John Anderson mentioned it briefly in his conversation with me. According to Briggs Engineering staff he told them that those ditches were illegally discharging into the Meridian City Council • • November 5, 1997 Page 8 Safford and that apparently once the ditch was piped they would have to make other arrangements to dispose of their tail water. There is according to information provided to me by Briggs Engineering there is a water take out point on the east side of Black Cat Road that is providing water to property that is either owned and or farmed by Janosek. The ditch crosses under Black Cat Road after take out, parallels the north side of the Safford lateral until you get to the SW corner of the property and then crosses the Safford in a pipe to a ditch that would irrigate Janosek's property. Briggs Engineering asked John Anderson if they could put that keep that water in the Safford, take it out at the SW corner where it ultimately comes out and eliminate the need to pipe that ditch separately for Janosek. According to Briggs Engineering they were told that they could do that as long as that water did not influence the piping of the Safford lateral. IN other words right now it is taken out at that point, it is in a separate ditch. Put it back in the Safford at that point it is going to add water to the Safford that it doesn't presently have. If that kicked it up above the carrying capacity of a 48 inch pipe then they wouldn't allow it and there would have to be a separate pipe installed across this property to provide water to Janosek. Morrow. Mr. Mayor may I ask a technical question there? Gary if that is coming out of the Safford lateral at the northern edge is it a continuous flowing ditch all season long so that the water is never back in the Safford or is it water that is taken from the Safford when Mr. Janosek is irrigating and then goes back into the Safford when he not irrigating? Smith: I don't know the answer to that. Morrow. So Nampa Meridian hasn't provided us with that information either? Smith: No, and that information wasn't provided to me by John Anderson, Briggs Engineering provided that in my conversation with them this afternoon. Bentley: Mr. Mayor, Gary did I hear you right did you say that Mr. Anderson said if the other ditches were dumping their water into the Safford that they would not allow it? Smith: That is what I understood from Briggs Engineering in their conversation with him. Bentley: When they made their water analysis as to how many inches were in there were they counting the water that is currently flowing in that ditch with this additional water being added in from the other ditches? Smith: The only quantity of water that has ever been offered to me is 3000 minor inches on paper. According to John Anderson that was a number given by him to Briggs Engineering answering a question from them how much water is in the Safford. They were told 3000 minor inches. Meridian Cit Council • • Y November 5, 1997 Page 9 Bentley: The reason I am asking this question, if they are taking a reading on the water that is in there with this additional water in there also if they disallow the additional water out then the water that Mr. Janosek needs might off set what they are taking off to where they wouldn't have"to the a separate ditch alone for Mr. Janosek is what I was getting at. Smith; I don't know where the reading for the water is taken, if it is, I know there is a weir at the Eight Mile Lateral after it crosses Cherry Lane Road and I think that is the origin or that is the head of the Safford. So they can measure the water at that point. I don't know what take outs there are between there and this property. I understand what you are saying and I don't know how much water is coming in from as tail water from those other ditches. But that is a possibility yes. I don't know where those points are either along the length of the ditch, if they are on the west side, totally on the west side or if there are some on the south side I don't know. Tolsma: That small ditch that is feeding back into the Safford Lateral that would be classified as a waste ditch then? Smith: Yes Tolsma: So instead of putting that into the drain ditches they are running it back into the Safford Lateral again. I think maybe I didn't understand Walt or Glenn's question but was that water in that ditch originally come from the head of the weir they were using for in'igation? Smith: I don't know, all I understand is that there is some Settler's water reportedly there is some Settlers water that dumps into the ditch and other water and I don't know where it comes from. Tolsma: So that water in the ditch then might be Settlers water running into Nampa Meridian's ditch then. Smith: That is what I am being told. Tolsma: Didn't we have that problem out here off of Summerfield when they put in that pressurized irrigation system they were using Settlers water and putting that back into Nampa Meridian's Irrigation ditch. Smith: I apologize to you that I don't have anything in formal written form. All I have is a verbal conversation with John Anderson today and his comment that piping that ditch can be done with a 48 inch diameter pipe or less. That is a smooth inside wall pipe and he is talking about concrete pipe at this point. Tolsma: Did you ask him about corrugated metal pipe on a large pipe or something like that if it would require a bigger size pipe because (inaudible) Meridian City Council • • November 5, 1997 Page 10 Smith: Well they will allow corrugated pipe it has to be 10 gage apparently and it would require a larger .pipe. Tolsma: Would that be cost effective to go a larger pipe on a corrugated metal pipe? Smith: I don't know, I can't tell you Councilman Tolsma f really don't know, possibly it could be. I think one of the issues right now in my mind anyway I am pretty well convinced if the only length of ditch to be piped here is the ditch along the south boundary which is inside the property line as opposed to piping the entire length of the ditch then a 48 inch diameter pipe will not cany the water because there isn't- enough drop in the head across the south boundary of the property. It is too flat, tum the comer form the SW corner and head north and reportedly it is about 5 foot of head from the SE comer from the NW comer. Now that is a report from John Anderson and that is a result of him and one of his cohorts taking some rough grade elevations in the field with the statement that we aren't surveyors so it might not be real close. Really when you are doing this sort of thing you are not taking elevations on the invert of the ditch. You are dealing with high water elevations on the ditch banks. That is your true elevation difference in your hits. I doubt they were using that I think they were using the invert of the ditch. Tolsma: Wasn't there 2 or three structures in that ditch in the path of that to slow the water down because of the fall. There is one structure in the ditch about 250 feet south of the northwest comer. It is a restriction width wise I guess there is not much of a restriction height wise. But according to John Anderson that was being utilized as a velocity restricter. Briggs Engineering feels that at one point in time in the past it was used as a check structure for a take out of water, I don't know I haven't seen it I haven't looked at it. But that is the only structure reportedly that is in the ditch. Morrow. Mr. Mayor, I think part of what we are dealing with here is in our Irrigation committee and our irrigation ordinance that we are working with currently it has been alluded to that it is the City that empowering Nampa Meridian to do the various things that they are doing. Here is clearly a case and Mr. Smith makes a good point we are not, it is our ordinance that creates the issue about piping or not piping. We don't have the resources to research this. Either we get the research this so that we don't go, this thing can go back and forth literally for months now. Nampa Meridian is not in any way shape or form providing us with valid information that we need to be able to make decisions or that our staff needs to make decisions. We ain't surveyors just doesn't quite cut it in terms of decision making. From the council standpoint I guess it seems to me that it would make a lot of sense here for us not to adopt these findings of fact requiring the piping of the ditch. I don't see any testimony or any information from Nampa Meridian that clearly says that the ditch works to ignore discharge water that historically may have been going into that ditch and there is no other alternate place to put at this juncture creates yet other problems and so far no one has addressed that. It seems to me that Nampa Meridian has had more than adequate time some 30 days or S Meridian Ci Council • • ty November 5, 1997 Page 11 more to address the issue in writing as we requested which was the cause for the initial tabling as I recall from the findings of fact and conclusions here so that we can get this thing ironed out in writing and licensed people making the calculations available to our staff to make the determination (inaudible). So at this juncture it doesn't seem to me any of that has been done. Based on what Gary is telling us that there are as many or more valid questions today then there was the first part of October when this issue came before us. I guess from perspective at this point I would be ready to move ahead with findings of fact and conclusions that did not require the piping of the ditch and send Nampa Meridian the signal that they need to shape up and provide us with accurate information in a timely manner if in fact we are going to do this piping or run the risk of not having the piping done. Tolsma: Wayne, are we establishing a precedent here by not requiring the piping of the ditch that Nampa Meridian says is capable of being piped, a 48 inch pipe because of all the other developers we have required to pipe the ditches that Nampa Meridian says 48 inch pipe will carry. If we allow this here are vye going to be in trouble? Crookston: Under our ordinance each variance is assessed on the facts that are given. So there is no precedent set. But certainly when it becomes well known that this is what has been done people are going to mention it that is for sure. It is best in my mind it is best to have a standard upon which you can rely on and make it applicable to every in this case every waterway that there is. But that is totally a Council decision. Tolsma: But if Nampa Meridian said that a 48 inch pipe will carry this water and they assume all responsibilities for it and we don't require the pipe then where are we at down the road? Crookston: Well as I said there is no in our ordinance it sets forth that there is no if you will precedent setting by any decision on a variance. So I don't think that we are setting anything but as I said it is a very difficult problem because people are going to know what we have done and they are going to argue that we have set a precedent. Are ordinance states that we do not set precedents in granting a variance. Rountree: I guess to Ron's point my recollection of what we have varied in the past has been a situation where there has not necessarily been a disagreement about the engineering. The applicant as well as Nampa Meridian agreed that a pipe size could handle the water. In this case we have a professional engineering study stamped by professional engineer saying it won't and we have Nampa Meridian Irrigation District with we ain't surveyors and we have nothing in record from them even committing to that. I would go back to the record I guess last meeting my question was how long do we hold this for Nampa Meridian. Walt's response was only to the 5th. My response is if we don't receive anything by the 5th it is no longer pending and Walt's comment was that is correct we take action on the 5th. I am ready to take action, I don't think v-,re need to have Nampa Meridian hold us up anymore. Meridian Ci Council • • ty November 5, 1997 Page 12 Morrow: I think to editorialize on that a little bit more basically what Nampa Meridian (inaudible) and that is bologna. They can either confirm with what it is we need from them or we will move on without them. Corrie: Any further discussion? I don't think I have a tie breaker here. I had a question I was going to ask you Gary but I will wait if there is a tie breaker. Morrow. Go ahead and ask I want to hear your opinion. Corrie: My question was did I hear you correctly to say that on the Benchmark Land the subdivision that a 48 inch pipe would not carry the flow because of the slope of the land and the angle is that correct? Smith: Along the south boundary. One other comment I might make, I believe and maybe Wayne's memory is better than mine on Waterbury Subdivision and the Cresson Lateral the irrigation district requested that be piped and the engineering calculation showed that from the applicant's engineer that a 48 inch pipe wouldn't handle the water. So Council did not require that to be piped? Crookston: That is correct Gary, on Waterbury that is what happened. But again one variance as far as the City Council one variance is not precedent setting for another variance. They have to be undertaken on the facts of the particular case. Corrie: Any further discussion? 1 guess we need a motion for new findings of fact. Morrow. Mr. Mayor I would move that we amend the findings of fact and conclusions that we have before us tonight to reflect the variance for piping of the ditch is granted in conjunction with the other conditions in terms of the variance with respect to block length and all other things being left as written in the findings of fact and conclusions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to amend the findings of fact and conclusions of law to approve the variances for both the piping of the Safford lateral in Turnberry Subdivision as well as for the block lengths and the minimum requirements for the lot frontage requirements, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor I would move for the decision, that it is decided that the variance for a block length of greater than the maximum or less than the minimum requirements and a variance of the lot frontage requirements in Turnberry Subdivision is granted. Said approval is conditioned upon the submittal of information listing the exact lots and e • • Meridian City Council November 5, 1997 Page 13 blocks from which the variance is requested to Shari Stiles, Planning and Zoning Administrator and Gary Smith the City Engineer for approval. It is further decided that the variance for the piping of the Safford Lateral in Tumberry Subdivision is approved. Rountree: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED OCTOBER 21, 1997: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. Corrie: At this time I would like to have the representative from Tumberry Subdivision (End of Tape) Emg: (Inaudible) the preliminary plat was tabled or the hearing was closed on October 7 as mentioned and the findings of fact were prepared and presented on October 21. Are there any specific questions that you have about that preliminary plat that we still need to address. I can answer any questions to that. Corrie: Council, your pleasure? Morrow. Mr. Mayor, I would move that we approve the preliminary plat for Tumberry Subdivision by Benchmark Land Co. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary plat for Turnbeny Subdivision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 21, 1997: ORDINANCE #779 -TREE ORDINANCE: Corrie: We still have some work to do on that one, so I would entertain a motion that be tabled. Morrow. So moved Rountree: Second Corrie: Motion made and seconded that we table item #8 the Tree Ordinance #779 until our next meeting, any further discussion? All those in favor? Opposed? • • ~'laosr~ia, & ~~~udia~ ~~vuyatio~ Diafi~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # a0X~1x~4%~CDCX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary Smith, P. E. x~~cxx?~c~lx .Public Works Department SHOP: Nam a 466-0663 City of Meridian x~~cxxcx 33 East /daho Meridian, /D 83642 RE: Piping of the Safford Lateral - Tumberry Subdivision Dear Gary: The Nampa & Meridian /rrigation District has done an on-site review and some preliminary investigation in regard to the above mentioned topic. Preliminarily, our figures indicate that a 48 inch reinforced concrete pipe will be more than adequate if piped properly through the above mentioned project. The check which Mr. Briggs used for high water mark is nothing more than a drop structure to slow the water down. This can be removed as it would have no negative impact on deliveries, as there are no deliveries within this area. / wou/d like to reserve a// final comments until after we have reviewed the proposed plans, but at this time /would request that the City of Meridian not give a wavier for the piping of this facility. Please feel free to contact me if you feel further discussion is required. SincerelyQ, /• John P. Anderson, Water Superintendent NAMPA & MER/D/AN /RR/GATION D/STR/CT JPA: dln cc: File Each Director Secretary-Treasurer Asst. Secretary-Treasurer Asst. Water Superintendent Ride 4 - Gillmore Engineer -Sharp Q.t~.wttL ~nlZI~31Ag7 /`~+~- RECEIVED OCT 2 3 1997 ~~7iAN CITY EN(i~V~R APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 20 October 1997 C~ MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997 APPLICANT: BENCHMARK LAND CO. ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR TURNBERRY SUED. 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 ~I~ ~ ~j~ Jt' u~F~r~J~ ~P~~ c ~'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 10/31/97 FRI 17:14 FAX 503 635 3174 PAC LAND MGNT I A DW1910N O/ -~e~aK iA1ViA FE COR-0leonow N ~~ 0 3 1997 'ITS ~ ~iERfDIAr City of Meridian C/O Shari Stiles, Planning Administrator 331daho Street Meridian, ID 83642 RE: Turnberry Subdivision -Reopening of Public Hearing for the Piping of the Safford Lateral Dear Shari, Based on our discussions with the parties involved, we submit that the public record contains all of the appropriate data and engineering calculations to support approval of the variance request as submitted. We therefor request that the variance request proceed as scheduled on November 5'", 1997. In addition, we offer the following information: 1. Briggs Engineering, Inc. during the public hearing process submitted the appropriate information and engineering calculations. This data indicates that the required pipe size exceeds a 48" pipe (even if constructed in concrete). 2. The public hearing was closed on this application on October 7"', 1997. 3. The comments from Nampa- Meridian Irrigation District was not received or accepted during the public hearing process. 4. The comments that ultimately were submitted were not substantiated with the appropriate or required engineering calculations. Therefor, we hereby withdrawal our request to re-open the public hearing for the piping of the Stafford lateral. We also respectfully request that the Meridian City Council proceed with their decision to a~prove the variance request and Preliminary Plat for Tumberry Subdivision - as scheduled on the November 5 meeting- based on the testimony, evidence, and engineering calculations provided during the public hearing phase of the project. Ken Ross Project Manager 16325 SW Boones Ferry RJ Suite 203 luko Oswego, OR 9)035 503.635.4996 Fox: 503.635.3122 ~ ooi OCT 31 '9? 18 15 503 635 31?4 PAGE.01 OCT 1 7 1997 'ITS ~ ~ ~IEfttQlA~ INTI .~ROFFIC.~ 1'1~1,~ ~o ,~~ M To: Wendy Dvorak, assistant City Attorney CC: File From: Gary D. Smith, PE Date: October 17, 1997 Subject: Turnberry Subdivision -Variance Request to Not Pipe the Safford Later al Wendy: I have reviewed the calculations submitted to us by Briggs En ineerin to substantiate the need for a larger than 48 inch dlameter pipe to transport the g reported amount of water flowing in the Safford Lateral. I find no errors in the calculations based on the information submitted by Briggs. I think it would be worthwhile to request a more detailed statement from the Nam a & Meridian Irrigation District concerning the required pipe size to carry this Ovate r They have a consulting engineer on retainer that may be able to give us a more specific comment than what we have received. Perhaps, as T mentioned to you on the telephone, if the District feels strongly enough about the ability of a 48 inch diameter pipe to carry the required flow they could declare a responsibility for any floodin that may occur if that size pipe was installed. g Regards, Gam, FROM 'I1~ DESK OF... GARY D. SMITH. PE Puauc WORKS DIRECI'UR Ccty OF MERIDIAN 33 E. IDAHO MERIDIAN, IDAHO 83642 208-88 7-2211 Fax: 208.887-1297 or 208-887-4813 Meridian City Council October 21, 1997 Page 7 MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision? Bentley: Mr. Mayor, it is decided the application for variance to the off premise sign prohibition by applicant William Ritter is granted provided the sign is constructed exactly as depicted in the plans submitted. That it is no taller, no wider and shall not have any business listings lower than 10 feet from the ground. Morrow. Second Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO.: Morrow. Mr. Mayor, with respect to Turnberry Variance I am going to ask for a table on that because at this point in time there is a conflict between Briggs Engineering and their calculations with respect to the diameter of pipe and Nampa Meridian's calculations. They have talked to City Engineer Smith, I would ask him at this time to explain the just of that conversation. We have not received anything in writing from them so I am hesitant to approve of disprove anything without seeing that in writing. Smith: Mr. Mayor and Council members, I talked with John Anderson Monday morning to request clarification on a letter that was written to Mayor and Council conceming a letter written by Nampa Meridian to the Mayor and Council concerning this variance request. I did that because the letter we received from them was not specific in the reply as to whether or not this ditch could be piped with 48 inch pipe and carry the amount of water. John Anderson subsequently visited the site and took some elevations and called me later Monday afternoon to say that it was his opinion the pipe could be 48 inch diameter and perhaps smaller and carry the flow in the ditch. There is a question or was a question as to the status of a check up structure about 250 feet south of this properties northwest corner. Mr. Anderson informed me that check up structure is not a weir but it is simply a structure used to raise the water level, to slow the velocity of the water down in the ditch to prevent erosion. The ditch could be piped to the northwest corner of this property and that structure could be removed. With the removal of that structure the allowable head across the length of the south and west boundary of this property increases approximately twice of what was originally was calculated or what was used by the engineer in calculating the required pipe diameter. He was writing a letter to me, dictating a letter as we spoke Monday afternoon. I have ; got received the letter, I called this afternoon and only got their answering machine and left a message for him to fax me a copy of the letter and I didn't receive a reply. Meridian City Council October 21, 1997 Page 8 Morrow. If it is agreeable with the Council I would move that we table until November 5th the variance request for Benchmark Land Co. pending the arrival of the letter from Nampa Meridian. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to table item #9 by Benchmark Land Co., any further discussion? Rountree: I guess my question is how long do we hold this up for Nampa Meridian to respond? Morrow. Only to the 5th. Rountree: So if we don't receive anything by the 5th it is not pending (inaudible) Morrow. That is correct. The intent of this motion is they have until the 5th to pertorm. At that point in time the Council will take action. If they don't perform we will not hold the private sector up anymore. Corrie: Any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: ORDINANCE #777 - TURNBERRY SUBDIVISION ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NE %4 OF THE SE % OF SECTION 4, T.3N, 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 #777 read in its entirety? Morrow. Mr. Mayor, I would move that we approve Ordinance #777 with the suspension of rules. Tolsma: Second Corrie: Motion made and seconded that we approve Ordinance #777 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Meridian City Council October 7, 1997 Page 32 Smith: Yes Corrie: I will close the public hearing for the preliminary plat, as you realize Mr. Morrow (inaudible) Morrow: I would like to step back and instruct the City Attorney to prepare an annexation ordinance for the annexation and zoning of the 35.69 acres (inaudible). Rountree: Second Corrie: Motion made and seconded that we have the attorney draw up the annexation and zoning ordinance, any further discussion? All those in favor? Opposed/ MOTION CARRIED: All Yea Morrow. Mr. Mayor then moving forward to the request for preliminary plat, the preliminary plat cannot move forward until the annexation ordinance has been adopted and approved so then I would request that we table the preliminary plat until our meeting of October 21St. Rountree: Second Corrie: Motion has been made and seconded that we continue the public hearing on the preliminary plat until October 21St, any further discussion? All those in favor? Morrow. The motion was to table the preliminary plat, we finished the public hearing. Corrie: I am sorry so we just need to table to October 21St (inaudible). Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO., BLACK CAT ROAD, BETWEEN USTICK AND CHERRY LANE: Corrie: I will open the public hearing for the variance and you can state again or just (inaudible). Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I would ask that you incorporate my testimony into this hearing also, my previous testimony. If you have any questions 1 would be glad to answer those. Meridian City Council October 7, 1997 Page 33 Corrie: Is there anyone else from th variance for Turnberry Subdivision? will close the public hearing. CJ e public who would like to enter testimony on the Hearing none, Council any further discussion? I Rountree: Mr. Mayor, I .would move that we have the counsel prepare findings of fact and conclusions of law on this request for variance. Morrow. Second Corrie: Motion made to prepare findings of fact and conclusions of law for the variance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY LEE CENTERS, WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Morrow. Mr. Mayor, in this particular matter since Mr. Centers and I both share a long history of being concrete pimps together and we also work together. I need direction from my councilmen whether the fact that we do business and currently are doing business together does in fact constitute a conflict of interest and whether or not I should step down during the course of this action. So having said that, what is their will. Corrie: Council, 1 guess the question has been asked, what is your decision. Rountree: If there is no activity pertaining to this application (inaudible) Morrow. No Corrie: Request to step down is denied and you can participate. The public hearing is now open, I request that a representative from Lee Centers step forward. Roger Smith, 870 N. Linder Road, Meridian, was sworn by the City Attorney. Smith: Mr. Mayor and Council members this application is the rezone of a parcel of ground that is approximately one acre from the current designation of R-15 to R-40. The purpose of that redesignation is to allow the construction of 16 apartment units on this parcel along with the existing single family residences there. This parcel lies between two apartment unit complexes. One which is owned by the applicant to the south which is currently 16 units. And the other is a multi-unit facility that is to the north that is Hope Arms Apartments. We feel that this is essentially an infill project. It is consistent with the surrounding zoning and character and believe that it fits nicely with the scheme that is in place there. The zoning essentially the (inaudible) 17 units on one acre of ground which is going to be very close to the R-15 designation that is there already. There won't be • • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: BENCHMARK LAND CO. ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAM?A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ,~ ~~ SEE ATTACHED COMMENTS ~} 4 ~ N ~Y V ~ c~1 ~ ~k 1 '~ n /~~ V OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7 1997 APPLICANT:_BENCHMARK LAND CO. ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDMSION AGENCY COMM NTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ` OFFI IAL . HUB OF TREASURE VALLEY • COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer A Good Place to Live WALT W. MORROW, President GARY D. SMITH, P.E., City Engineer BRUCE D ST RONALD R. TOLSMA EE CITY OF MERIDIAN C . UART, Water Works Supt. JOHN r. sHAwcROFT waste water supt. GLENN R. gE ~~ DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 ~~C IM JOHNSON, Chairman ~ V 1< lJ P b W.L. "BILL" GORDON, Police Chief . . u lic WorksBuilding Department (208) 887-2211 MALCOLM MACCOY WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP S EP Z 31997 RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor ~ Q~ ~~~1»fN 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: Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Turnberrv Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: West side of Black Cat Road between Ustick and Cherrv JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 KEITH BORUP, P2 -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 RECLA TION(PR LIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMAR ~ r ~ `'~'~ OFFI IAt 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 Chlef W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERC WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMI LION 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 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7/97 REQUEST: Variance for Tumbenv Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: West side of Black Cat Road. between Ustick and Cherrv JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 BYRON SMITH P/Z ADA COUNTY HIGHWAY DISTRICT _ , -KEITH BORUP, P/Z ADA PLANNING ASSOCIATION ?~CEI V CENTRAL DISTRICT HEALTH E~ -ROBERT CORRIE, MAYOR -RONALD TOLSMA C/C NAMPA MERIDIAN IRRIGATION DISTRICT SEp ~ 8 SETTLERS I 1997 , ~ C/C W RRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLATJNr~ - ALT MORROW, C/C GLENN BENTLEY C/C '~~RIDIA~ U.S. WEST(PRELIM & FINAL PLAT) -, , -WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -,SEWER DEPARTMENT --BUILDING DEPARTMENT CITY FILES ~ /d ~9 OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -,POLICE DEPARTMENT CITY ATTORNEY % i S i.J r L ~.~ O ~ , CITY ENGINEER CITY PLANNER ~ r i r A..~ ,C.'2F ~~ t?FC%'EIV°~~`1 OCT 0 2 197 ~:ITY Ot vitKIU~A' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ~~H~b%Q(DCX 208-463-0183 Phones: Area Code 208 30 September 1997 ill Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Variance for Turnberry Subdivision -Benchmark Land Co. Dear Commissioners: OFFICE: Nampa 466-7861 X~af1CXX?uCi(?~IX SHOP:X~~CXX4CX The City's requirement is if the lateral can be tiled or piped with 48" or less, then the developer is required to pipe adl laterals. This lateral, the Sa,,~j`ord Lateral, will or should fit in this requirement. The flow for the Sa,,~`ord Lateral is 3,000 miner inches. If you have any further questions, please feel free to contact me. Sincerely, °3,~~-~,~,~. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O, fJ`ice 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 0. SMITH, P.E., Clty 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 HUB OF TREASURE VALLEY ~ o N I MEA~pFaS A Good Place to Live WALT W. MORROW, President CITY OF R ~T e N RONALD R. TOLSMA ~i~L ~ al , C GLENN R. BENTLEyEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P s OMMI IoN Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-22Q~..'CEI'VE~ MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443^s~~ KEITH BORUP SEP 2 3 X997 RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor CITY OF KEitI~AH 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: Wifl Berg, City Clerk by: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Tumberrv Subdivision BY: Benchmark Land Ca LOCATION OF PROPERTY OR PROJECT: West side of Black Cat Road between Ustick and Cheny JIMJOHNSON, P2 MALCOLM MACCOY, P2 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) MARK NELSON, P2 _BYRON SMITH, P2 ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION RECE/VE ~ -KEITH BORUP, P2 -ROBERT CORRIE, MAYOR RONALD T CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT , SEP 1 8 1997 .- OLSMA, C/C -CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) Median Cit!- -.WALT MORROW, C/C GLENN BENTLEY C/ U.S. WEST(PRELIM ~ FINAL PLAT) water Superirltendest C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FILES -BUILDING DEPARTMENT OTHER:. FIRE DEPARTMENT YOUR CONCISE REIUIP-RKS:Meridian Water Deuartment -POLICE DEPARTMENT r ommPn~s a 1 2" wa ar ma; n o b 8~ ar~arl on CITY ATTORNEY the F.aat Gi de of N Ra 1 rk~a+ rd fnr thc~ CITY ENGINEER 1 an:rth of th; ~ ~'ra~ ar,t- T f nnnc cv; ~~ ~. J a CITY PLANNER i n ~~ ~a+~.- ma; „ a G a foo~ae-r-sz/~ta1.v ,-~n+,-,,, ~!??~iDIAN WATER DEPT. 2235 N.W. 8TH MERIDIAN, IDAHO 83642 888-5242 • .Kr',