Loading...
HomeMy WebLinkAboutCherry Lane Estates CUP 99-011HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 ~n it M m rc CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~~rlCT, (208) as7-22 i i RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4~.14iY ~E~~ANNING AND ZONING KEITH B[RD DEPARTMENT APR ~ ~ 1999 (208) 884-5533 City of Meridian Pik :~ u3erk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian,City Hall, Attn: Will Berg; City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE (PROPOSED CHERRY LANE ESTATES) BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: 4375 W. CHERRY LANE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ` ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE; MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) `SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) _FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMA CITY ATTORN EY CITY ENGINEER CITY PLANNER `~ _6~wi.Aa, s nY~ y. SI'^'^ w-..-. _ ~ .r4 w-~T~N.r.tiM..w Y ~. rT'~. -~ %~r 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 Planning and Zoning Commission 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:OO p.m. on May 11, 1999, for the purpose of reviewing and considering the application of Jeffrey L. Manship for a conditional use permit for development density below 3 units per acre, for proposed Cherry Lane Estates, which is generally located at 4375 W. Cherry Lane. The applicant requests a zone of R-2. A more particular description of the above property is on file in the City Clerk's office at Meridian City Ha11, 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 19"' of April, 1999. ILLIAM G. BERG, JR., I CLERK PUBLISH April 21 and May 5, 1999 ~,~~t,~t~t~ t~ Ott err,?~E~Jr [~ ~: ~~ ~~` 'r ,» ~'~ ~~ .,. y ~. ,. " i ~ .__,.. w.,> ij E v. :. ~~ ~ ~ ~f ~~ ~ ~ e t~ G _ ~ ." -- o ~ • LJC - - _ l w ~~~ ~ ~~ ! ~`~0 _ ~ f ~ ~ f /y ~ QJ ~~ . i _ ° ! ~ A • p0 y 11 i - ~ >JJa> y 9>SJ y : 0. I 11 /~ (~ ~^ I °o I I l ~ °pJ° .. u Jp I ' Ja 4 13 °pJ ° ! ` C N C~YL'R$ryYpt ! w " ep•• . I Q>SJa ~!~ C ~' _ ~ - F. _ E _: •i , I ` . >JJ : S>J N J6>ap ~ l ~ ~ ejBp p0•p / o \ ~~V •Jp Jao ro . a ~ ~ ca JO ~ ~ '~ p)°Ja)aoJJO .c>sJe)ap• ° 1, : ! . a ~/' ~ a'`1 1\ AJJJa> v -A)JJ ~~ LJJ6! JaifO. ~ _ _ ~~~ ,.. I ` _•yQ'~j"~, w ssa>apJ ansa~ap W 1 ~y S • \°. p o" ~ _~= _ d. 5/ Y' _e _ J Y / i ~~ ~ .. ~ o ~ _~~~~+)~~~ I o o JJ I ~ 1,. 7% - ~ i , ~I~ JJ . I - Ja>a0' ~V e f •` ~ e >ao' o 1~ -- ~ I: - ~C _ L a - NI9 J p`•Jp f a ~ 9>~ ~ ~ ~ ~.. r +, ~ J I ~ 1 Q Ja ° ~ ~~S ~~~1 ~•a `c Ja ~~~> y .. \%, p~! iL V+ a I ~.. '~ ~ ~~-J6 ~a i p - J_. I. ~~p , ~ .I 9 d ** TX CONFIRMATION REPORT ** • AS OF APR 19 '99 11 38 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 05 04/19 113? 208 888 109? MODE MIN/SEC PGS CMD# STATUS EC--S 00'30" 001 126 OK NOTICE OF HEARING NO7iCE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and toning Commission 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 ?:00 p.m. on May 11, 1999, for the purpose of reviewing and considering the application of Jeffrey L. Manship for a conditional use permit for development density below 3 units per acre for proposed Cherry Lane Estates, which is generally located at 4375 W. Cherry Lane. The applicant requests a zone of R-2. A more particular description of the above property is on file in the City Clerk's office at Meridian City Halt, 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 19"' of April, 1999. ILLIAM G. BERG, JR., 1 CLERK ~~~aprprrr'rrrrrr~~ PUBLISH Apri121 and May 5, 1999. ``a~~y ~ MEdf~,~~~ _ ~ B.L 9 Gh,6 1 7 ., .~ ~C.. ~~~~' ~'~ ~; HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (2oa> 88~-221 I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL'TO'AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments- and. recommendations will_be considered by the Meridian Planning arid Zoning Commission, please submit your comments and .recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 r , TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-0'11 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE (PROPOSED CHERRY LANE ESTATES) BY: JEFF MANSHIP LOCATION. OF PROPERTY OR PROJECT: 4375 W. CHERRY LANE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) . IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ITY OF MERIDIAN ~~ ~? K ~b 06 "9 ~ APPLICATION FOR A CONDITIONAL USE PERMIT GI`i"Y` DP M~I~II~~+I lP~ ~ ZD~~INfa C.uP-°I°I-~tl NAME:~I,rc.F~F ~~~ L~ rJ rJ WI,~~S t~ . _ _~ PHONE:~~~~ ADDRESS: ~+3~5 ~,J. ~,~,~ . ~~~ w~~`~+~~~ ~i> ~ ~~r 2 GENERAL LOCATION: t~ , c- ~~`~ L~i.7L. , Sc~~T~~ ~ ~~= e E- ST2.~Z: t ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: - ' D~ ~l~ .~ ~5~~~~1 ~~~ c-F dm\~en'~:~A is `~ 3 dose.\~ ZONING CLASSIFICATION: CC~J r~ t 1 ~~ ~R~'~~~ ~xa~On ~ «~e I certify that the information contained herein is true and correct. ~~ S' e Applicant Social Security Number ~, `f 5 - c~~ - 6~ `f $ LEGAL NOTICE OF PUBLIC HEARING 4 Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Plaxming and ' Zoning Conuiussion will hold a Public Hearing in the Meridian City Hall on at _.m. `The purpose of the Hearing is to consider a CONDITIONAL-.USE PERMIT submitted by. for the- property generally descn'bed as located at _, SUBDIVISION, FtLOCK ,LOT ~~ TO l . .~ ~~F R.k '~ ~~ ~ ~ --~~~-~~P II 375 vJ . u~`-~-2.2~ L (~~~~~~~ ~ ~~ g36~Z ~g - $g~- 3~y3 02 . 5J ~6~~-~' P(2~ P ~~-T~i o,~ ~ s~~~ ~a~~ ~~~~~~ ~3~s ~ . u~~~ ~,,~~ W1L R~~~~ ~ ~~ ~ 36~tZ 2~~ ~ ~~b~ ~ 3 g ~3 s. ~E~~~~~ ac ~~,~5 usE . 1 i-~a~SL 3 p3 ~ Q~~~-~~t~4S ~~ ~~TJ 2.~= 6 . P R..~. si"t"' SSE a ~ 5~ ~ ~L=Z-T' 1~2i~P~-2~ . J~=sc t~~~ ~ ~- ~..~~~©~~ ~ ~/~~ - tea ~-tt?r~ ~J f 3 S ~~T P tZ.c7~= 2- .~_ ,~ _ .,,;, „~,` 1~ -~ ~ ,. - _. • .S ` '• FA-106471/HC • Your No. KUEHL TRUST%MANSHIP ~ ~, EBHIBIT "A'• } • ~~ z. ~ • A.~parcel of land being a portion of thew:-North.east~ quarter of the. Northwest quarter :of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being`more particularly described as follows: ,~ „ .. " Commencing at a fourid``Brass -Cap marking the •Secton corner common °to Sections 3, 4;~9, and 10, Township 3 north, Range '1 West,. ~ - _ Boise Meridian, Ada County,, Idaho; thence ` South 89°40'23" East 1322.58 feet a'-long the' ric~rth boundary of :the, said Northwest quarter of Section 10 to 'a~ set 5/8" iron pin marking the West One Sixteenth corner of<said Section 10,' 'said -piri ~~bears North 89'°40' 23" West` 1322.:51 feet `fromya` found a• Brass Cap'markng the North Quarter"=cornerRof 'said Section 10; thence' continuing ~ -- Southx89°40'23" East l.li,feet along, said north boundary. of. the ` Northwest. quarter of Section 10''to a point; thence South 0°01'16" West =44.93 :feet to ~a set ~1/2" iron pin marking a "" ' point- of the. southerly right Hof way of '°C'herry Lane said pin also°marking the REAL POINT OF BEGINNING;' thence _ ~ South X89,°41~' 01" East 203.46 feet along said. southerly -right of way of` Cherry -Lane to a set' 1/2" iron pin`; thence leaving said ~~ southerly °right of way of Cherry Lane __- South.., 0°06' 09" -East 351.29 feet to `~a set 1/:?" iron pin; thence' ,~ North 89°41'01" West 124.00 feet to a set 1/,2!" °iron pin marking ~a point on the. east boundary of that certain parcel described, under Instrument-`No. 8707411 and, the. west boundary of that" '' certain parcel described under Instrument No.~•574474, records of Ada County, Idaho.; thence South 0°06'09"'East 266.34 feet to a found 5/8" iron pin .marking the Southwest corner of said parcel as described under Instrument, No. .574474" and the Northwest corner of ,that .certain parcel as described under Inst~:•ument,;No. 9260788, • records of Ada County, Idaho; thence South.. 89°~40' 19" East 4.00 feet to a~ found 1/2" iron pin marking. the Northeast corner of, said parcel as described under Instrument _ No.~9260788, records of Ada County, Idaho; thence South 0°39'41" West 3.53 feet along the east boundary of, said parcel as described under'Instrument`No. 926078.8, records of • Ada .County , Idaho to a found 1 / 2': iron` pin marking µthe Northeast corner of that certain parcel described under Instrument_No.x;93110125, records~•of Ada County, Idaho; thence ,^ r ~ • E ~'„ ;4 ~ ~~,r~. 4 . CONTINIIED, .- ,. .,• t -~ $. y ~ - • x ~. ,„ ~~ , p ~ , . ,. ' ~ ~ FA=10`6471%HC ~~~ Your No.~RUEHL TRUST/MANSHIP~ ` ~$HIBIT "A"`LEGAL CONTINQED .k y .r F s~ North 89°40''2A3" West }332`.7,5 feet to a set 1/2" iron pin marking the Northwest corner of~sad parcel as described under Instrument No. `93110125, records of Ada County, Idahro,, and being a point on the west boundary of said parcel as described' under Instrument No. 8707411,. records of Ada County, Idaho; thence- -.North 0°01'16" East 621.09 feet along said west boundary as m described under Instrument No. 8707411, #reacords of Ada County, ~'% Idaho to the+REAL POINT OF BEGINNING. w F ,~ - y ¢ P' a - s ~ Y a ' ~ f E' F ` ~ y ,~~.,. ~ - ~ x . z - ,~ ~ s.. . c: t . -: ~ ,~ s, y } ~ r. :~; .qr. ` i _ u a- .., a t 5 ~: .ar t, -~ _ ~ ' # ~ r µ ~ ~ .. ... q .x ,~ (> 1 ~ ~~~~~~7 5 4 l ~ ~. - ~ rndi~a~l AcknowZed~rcent U.S. BANK ~~~~~~ STATE OF IDAH rp 55. COUNTY OF Gll~ ~ ~~~~ ~~ I/ I (~ ~ /,^ 1 (lJ ~/ ~ before me da of ~ " ' ' ~n the year l9 On this ~ ~ Y a notary public iii and Eor said State of Idaho. personally appeared to be the person known or idrntiC~efd to me (or proved to me on thr oath of - \ __ he _ cxecutrd the same whose name ~J subscribed to the wlthrn instrument and acknowledged w mr that _ • _v` ~ ~ / • • : ' ~ ie ~~b/h/y5 fo/r,~//d rho ~' • MCP U ; O •~-- W i O ~ ~ • ~ Rcsidmg at :.~. • ~ ~ r %• 4J ,~+ ~; qty commission cxptres «~i •• G~ ,rF :. REOtlJ90(5-95) ',,~•~~~eert~~~~',~ .. `'A i ,PS, ~ W ~ q, .. ~, • t-IH~I~,^AtJ1EHt(.~1i~ l~~(. ,' 4~ , ( ,~'~ cI. `~~ ~~w 90iSil!` WARRANTY DEED '96 SE///Pyyy 16 f'I`1 :; `I`1 For Value Received t E r •~~ ~ -.:~~ ~?~~/a*~ DeWaine A. Kuehl and Patricia A. Kuehl, Co-Trustees o[ the DeWaine A. andiPatr~, is tt. Kuehl rust ~3~~ dated the 31st day of October, 1991, and any. amendments thereto hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Jeffrey Manship, a single man hereinafter referred to as Grantee, whose current address is 4375 West Cherry Lane, Meridian, ID 83642 the following described premises, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. To IIAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assign9 forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple o[ said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from a[[ ctainns whatsoever. Dated: September 5, 1996. DeWaine A. Kuehl and Patricia A. Kuehl, Co-Trustees of the DeWaine A. and Patricia A. Kuehl Trust U/T/A dated the 31st day October, 1991, and any amendments t reto $Y: ; DeWaine A, Kuehl, Co-Truste(e~~ Patricia A. Kuehl, Co/Trustee*ar,,.ni~rizi,,rQ ~:: '~.Pi niTnF.f ~~~s1 `I'^ h '"~yQ ,,,~,t ~ 7 e fry ~ ' Z > " I~ a~ ~ (... r. ~~ () F o STATE OF~~IA /~ rfgS ti.. / "a .?''' """~sonoo ~,)`" .a t 1 .+n ,l ~Pn' ~irdt3N3J-Y~r~l0.~ ~IblfiG~' ss. °j~reearee ~ea°°° °°+ STATE OF IDAHO ) COUNTY OF ADA ) ON THIS 12TH DAY OF SEPTIINBER, 1996 BEFORE ME, A NOTARY PUBLIC IN AND FOR STATE, PERSONALLY APPEARED PATRICIl1 A KUEHL, KNOWN OR IDENTIFIID TO ME TO B THE PERSONS WHOSE NAMES ARE SUBSCRIBE TO THE WITHIN INSTRUPIENT AS THT; CO-TR OF TILE DEWAINEA. AND PATRICIA A. KUE~I TRUST, AND ACKNOWLEDGED TO ME THAT TH EXEC[TT~D THE SAME AS SUCH 00-'TRUSTEE. ~ / NOTARY PUBLIC OF IDAHO RESIDING AT: BOISE, IDAHO COMMISSION EXPIRES: 9/26/02 On This ~ U day o[ September, in the year 1996, before me, a Notary Public in and for said Stale, personally appeared DeWaine A. Kuehl and-Fatrieisr'trfueh}, known or identified to a to be,the persontr whose names are subscribed to the within Instrument as the Trustees of the DeWj~m A. 'a-:4:-I6uel>}~kue h Trust ,and acknowledged to me that they executed the same as su~frust~e. / j . /,// b OFF~dAL8FJ1l ~ ovary ruouc 1o[ raano f ~~~~ esiding at I i~C ~IOYc?Cj~! ~ ~251CL`_~ SUBAN SIAAONKA mmission expires: t~' ~/~ p ~~i d first American Title Company o f Idaho ,. -i. - - ; ~~1. • rr i I FA-106471/HC Your No. KUEHL TRUST/MANSHIP E%HIBIT "A" .,, A parcel of land being a portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found Brass Cap marking the Section corner common to Sections 3, 4, 9, and 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 89°40'23" East 1322.58 feet along the north boundary of the said Northwest quarter of Section 10 to a set 5/8" iron pin marking the West one Sixteenth corner of said Section 10, said pin bears North 89°40'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10~; thence continuing South 89°40'23" East 1.11 feet along said north boundary of the Northwest quarter of Section 10 to a point; thence South 0°01'16" West 44.93 feet to~a set ~1/2" iron pin marking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT OF BEGINNING; thence South 89°41'01" East 203.46 feet along said southerly right of way of Cherry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane __ South 0°06'09" East 351.29 feet to a set 1/2" iron pin; thence North 89°41'01" West 124.00 feet to a set 1/2" iron pin marking a point on the east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0°06'09" East 266.34 feet to a found 5/8" iron pin marking the. Southwest corner of said parcel as described under Instrument No. 574474, and the Northwest- corner of that certain parcel as described under Instrument`No. 9260788, records of Ada County, Idaho; thence South 8 9 ° 4 0 ' 19 " East 4.0 0 feet to a f ound 1 / 2 " iron "pin marking the Northeast corner of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 0°39'41" West 3.53 feet along the east boundary of °said parcel as described under Instrument`No. 9260788, records of Ada County, Idaho to a found 1/2'! iron pin marking the Northeast corner of that certain parcel described under Instrument No. 93110125, records of Ada County, Idaho; thence CONTINIIED 8 ,.{. - FA-106471/HC • Your No. RUEHL~TRUST/MANSHIP E~IBIT "A" LEGAL CONTINUED North 89°40'23" West 332.75 feet to a set 1/2" iron pin marking the Northwest corner of said parcel as described under Instrument No. 93110125, records of Ada County, Idaho, and being a point on the west boundary of said parcel as described under Instrument No. 8707411, records of Ada County, Idaho; thence North 0°01'16" East 621.09 feet along said west boundary as described under Instrument No. 8707411, records of Ada County, Idaho to the REAL POINT OF BEGINNING. ~ ~ - e j { t i t ~ .~ I 4. { 9 • 1 ~ .._ Gtr-(~-f~-~-TL R C ~_ i ~~S " o ~ ~~ 4~~~ (~(~;sP~=~~ ~. 3• ~. ~~ Zor.1~' _i ~ ~ ~~ ~1' ~cT~ D F (M~~`(Z.i la t r~J P~T'~~,G ~~~~ Pc~=u rni ~~2.~ P t-~CT ~ ~~~ I~~T~ ~v ~ QL~ 2~ ~~ ~ e ~~ ~~~~ ~ ~~~~ ~N ~t 1 v1 • a/ay/~9 ~~~~G ~ C'Pt`~ ~~ Rf~(~tr'to~~~ ~LVJ~=fir t~ ~~~ Q> ~ l ~5~ ~-~ LS ~ CZ ~~-~C'~RL''il: S j l ~ ~~ ~ , ~~.s ~ ~~ ~ ~ ~ ~ ~ ~}~~ vac { C~-~1`R- tJ~'S ~-~L~t of ~~1D ~ ~=2-~ ~F1' T1~-~ r ~ ~ -~-t~.J~ ~ ~ cwt'.. E~`z,~, ~~ ~ ~ ~ ~/~~ ~`~ ~,~ . ~ ~ 4~ ~ ~~F t ~ ~ ~ ~ 1 F~~ ~ ~~ ~ ~~ ~~~~ ~ ~~ ~ ~~ ~~ ~~~~~ r d' K - .. 2V4n+.~11Yt~y11~4N+V++{'ffi 4•~~~M „'AM~, r~ j ~ ~~ ?~ { a ' d, i ~ .., h " G~=~`t~ .1~~~ C=,SI?;~T~~3 ~v~~tTl~P_~ ,~St=. ~.Ge~i.~_3~L~i t.~'~S ' ~ ~ ~ .. . . ~ i ~ ~'` ~ • lS LAS L. ='FtT" `~1 J N ~.. ~ .: 1 ~ ~ L ~'pr~ 5 1 S t f~-~ G.t~N ~ C`['tcT~•1 '~O ° ~ J ~ - ~ ' s ~ t, iC1 C Yt t~i~lL. L STr~-t-~ 1 ~ ~ L'~~ S ~ ~ k1 t16~/~-t.._ vSE ,aP.~.~ZY~!~~' ~,..:~;511JC-l ._ ''R~ u~T~`~~ t~0 c-t -~ d~ ~WtL`('~tQ~~J.. ~ v t ~~ tt rs ~ S o l~ t=,7J~-wl P c.s~ S ~~2 't'~-4"~ S ~ ~-~~~ S ~ ~- ccS f2..aT~c ~ }~ D ~Y.1, ~ ~ f~ ~-~Sls ~.J t ~ b ~j ~„~ ~+~ t`' ~.; \~~ ~ ~f+R-A~`?C~. ~.~~ :~r~4 _~5ilv~.(~c,.~°~~' ~.~t?~'-: FWT$.' ~}S ~;'-t`~-1't-T .~.. ~ _. 5t'~t.t.T f.~ O1J ~l! ~ G~~'~ t~1~~C L= ~~~C~ ~ ~ 1,1~ ((J~ ~~ ~1~~`v~'S N~ 1 S~Oc~n-~ ~•.~tt-l.. :~E` ~vVlt..btt~~t~. P~=~Y~tt;t' E~~t?(3Uc~ ~S Ta 'r~~= Tea ~~tTt~~cL r (~vtL.fa-r~~ ntT~ c~F '1~L 2s~N~-~Pw,~~f-. ~°cx Ex~W1 E?t_L: PRczt._~-t_ ~ ~ 1.11 o a, I ~ ~ 6 S t . ao ~ ~~ S h. ~ ' X119 ~'~ • `k a , G ~T`~ D rr v`~1 x.%21 ~t PC1J vTt lrtT`~ t~oK -J P F-*c~~ t..1 ~TC2 Pc~IT ~ .SO . ~o , t~3 +°~cTt`YC Get n~ 1~ E~=(`l4~ -~{ ? o ~{ . c~-a ~-c~.s L~ Gar~*~~c~~o~ ~1 ~ S ~~ • 8v x. a ~! ~ `~ `~ a . t~ ~~ ~~~~ (l.J~~E~ ~. wt~J~-~ i r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~_: QJ OD 00 ~l ~I v ~ ~ ~ ~ (T (JI U7 CJ~ ~ J~ A .A W GJ W W N N IV N ~ -.- -a ~ O O C71 N ~l CT N V CIS N V (T N V U1 N ~I ~ N V U7 N V CJt N ~I Cn Ul C)1 U1 (11 C11. U1 Ul (n (Jl Ul U1 Ul U1 Ul U1 (n m J~ W W W W W W W W W W W W W W W W W W W N N N N N N N N N N -~ ~ -.. D OcocoOOOOOO~I~IOQ)cnCnAA WN N~ OOCOOOVVO(nA W ~OCOVAr N OD 1a Cp (TI.O O -~ O -~ O ~ Cn O Ja OD N W cD N CJl ~I CO ~ N W N ~ c0 O O N cp C v t~0 W OWD W tOD A~ N N O W~ W ODD W ODD O v v UWi O~ V~ OOD '~ GVO W~~ V Cep I71 PERFT. O O N N W W A A CJ+ Cr ~ O V C (n O CJ7 O <T C tr O fN G CA O (77 C O O O O O O O O O O O O O O O O O O P • o Q o ~ ~ , . o 0 0 0 O N O 0 IV 0 0 O IV m 0 IV 0 0 w 0 0 0 w 0 0 A 0 0 0 A CT O i I 1 i 1 I r 11 1 M {{ 3 1 1 r. ~ r 1 1 1 1 1 1 1 1 1 1 1 i 1 1 ~1 ~ 1 1 1 ~ 1 I 1 ~ 1 1 , 1 ' j1 1 t 11 1 11 1 1 i 1~ 1 ; X11 ~ 1 1 ~ 1` 1 1 1 1 1 1 1 1 ~ 11 1 1 1 ~ n:. = Ii 111 ' ~ ~ f ~ 3 ~ 1 1 1 , 1 1 3~ i ~ 1 ` i ~ ~ i 1 11 ~ y D. 1 1 1 m _ ~ ~ Q 1 1 1 "~ ~ "~ 1 ~ N 0 1 V `. ~ ~ N i I I O CO V O v b u> v! a. Z= r` D 1 ZI v; ~D# ,r. t~ ;a 4 ~ ~ a -+ CO CO CO f0 OD OD O V CT N V CT OD N 00 V` V V V O O N V (T O N O ~ V CT U'1 (J~ N Ul A A A A W W V (T N ~ N W N V N N CTt N N~~~~ V CT N ~ ' U1 (T U7 • Cn ~ (n CT (T CT CT CT U7 CT tT U711 f (7i V1 ( ~ rn o y ~ ~ ~ ~ ~ ~ ~ ..a ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ .~ ~ N N N N N N W W~.W A (Jl ~ CO CO Cp f0 0 0 0 0 -~ ~ -~ N N W W W A (T (T ~ O V OD (O O~ W A O OD --• A i Qp W ~~ D ~ W CT V O N A V O W O CO W O O CT to tD A (O O O W N N CO V O (T O OD N N W • A O OD O O (T O- A O~' V~ W O~ A V V V OD -~ A CO V ~ ~ O N V O (T ~ Oo W A N W O N tD CO CO OD t0 ~ O) OD W O W A O CT -- : tT O V V ~ O) A c0 c0 cO V A , -~ Cfl O C ft A t?~ •° po' O Cti cp O ` ~ co co co co co w oo ao w oo w ao ao ao ao 0o ao ao ao w w w V v V V V V V V V V rni•rn rn rn~rn D ~~ 0 0 0 f0 (O 00 OD V V O O U1 (T A W W N N ~ O (O CO 00 V~ (T A W N O 4t0 •. V CT W -- V W iD Cn ~ O N V N V N V N V -~ (Jt cD W O O W O W O N W A A A N O V; W~ V CO OD ~A C V V CT W O O S CT V dD OD V A O A O O A CD W W I U1 O W O W U1 ~ t0 OD V' W A 00 _' Ut rn A~ OD V CT A W O (r (D f0 (1i O~ 0 0 ' O 00 O O N V O (T O O O -• N~ Ul A O N V O~ O ` x ~, ~_ ~~ PRICE PER ACRE N N W W A ? Cli N O O V V O O f0. l0 O Cr O (Ji O (T O U1 O N O N O N O N O fly O CT O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O D ~ ~ ~ ~ N ~ o.~ rn o ~D y d = e~D ~ ~ H~ ~~ O n ~ 0/ ~ ~ ~~ ~ ~ ? d y O ~ ~ j y O o .. ~;~ ~ 0 ~ ~ ~ ~ ~ ~3 N ~ C p~ ~ 4 3 ~ ?~ ~ V O N C N li7 W 0 w cn 0 r "' O 0 F ~ m Z cn n ~ m ~ ~ 0 rn N V 0 V w 0 m b co N O O i 1 1 / 1 i~. 1 ~ 1 y 1 1 1 1 1 11. X 1 . Ir 1 1 . .. 1 1 1 '' ' 1 ~ 1 1 , , • ~ 1 1 1 11 1 1 1 / 1 1 1 1 1 1 ~ ~ 1 ~ i s 1 1 1 1 1 t 1 , 1 ~ ~ 1 1 1 / ~ `1 1 ° ~ ~ . i ^ 1 £ a 1 1 1 j 1 1 r 1 i 1 1 1 r 1 1 1 1 1 1 ~ i 1 1 1 j 1 1 1 1 ! 1 1 1 1 1 d7 v, 0 x 0 N N O m r 1 O m _ ~ ~ 2 ~ 615.72 615.72- ~' 95 1289.04 1 644.52 644.52- 2 644.52 644.52- , *ACTION _ 98 Interest as of 4/05/99 .000% '' 597.39 CF02-SELECT CF03-EXIT CF05-CALC 21-12 SA MW KS DM IM II .S1 AS400 KB PFMDOI ~_ 9,9 M A S T E R U P D A T E 4/05/99 16:15:49 Parcel'~'5121,0,212465~ Code Area 242^ Type Qty Value ACTIVE- Name GRAU WILLIAM R 120 1.002 40000 340 112500 Bank Code Buyer a 990 50000- C/O ~__ __ _.._.,,,.,-_._ .. Prepaid _ Address 413 5RW,,,_CHERRY._.LN~ L . I . D . _ Bankrupt ~MERIDIANI ID Sub.Code 83642 - 0000 Annexation *NO Last Change 98/10/29 By ASR ALLEN Notes _ Total 102500 Desc. PAR #2465 OF NE4NW4 SEC 10 3N 1W ~ , Exemption __ _ 1.002 ACRE PAR R/S #3524 _ , #212464-5 #98082574 #98082575 #98085794 + _ 03NO1W102465 3N 1W 10 Hardship 0 _ Property Zoning R1 r Flag, Address 04135 W CHERRY LANE MERIDIAN _ ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. _ 0 Action: F2=Select F3=Exit F5=Corrctd Notice F 6=Letters _ F10=Tax x- 01-10 SA MW KS DM IM II Sl AS400 KB 1 PFMDOI 99 M A S T E R U P D A T E 1 4/05/99 16:15:49 Parcel 51210212465 Code Area 242.= Type Qty Value ACTIVE- Name GRAU WILLIAM R 120 1.002 40000 340 112500 Bank Code Buyer 990 50000- C/O Prepaid ~ Address 4135 W CHERRY LN _ L.I.D. _ _ Bankrupt _ MERIDIAN ID Sub.Code 83642 = 0000 Annexation *NO Last Change 98/1Oj29 By ASR ALLEN Notes _ Total 102500 Desc. PAR #2465 OF NE4NW4 SEC 10 3N 1W ___ Exemption 1.002 ACRE PAR R/S #3524 #212464-5 #98082574 #98082575 #98085794_ 03NO1W102465 3N 1W 10 Hardship 0 Property Zoning R1 Flag _ Address 04135 W_ CHERRY LANE MERIDIAN ID 83642=0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax n r • I A ~ f .. .. --1_ a Yi ~ ~ .~~'I ~ - X ~ -~ r I e o ~ ~ I I ~ ~ ° r ~ ~ DjC I ~ 1 h ~ I _ D< _ _ I° I : p o `oD<ar ` 1 G~Oa d C' °p<Drr< " II i Dr`~b " . $ i I I ._- .. .~_,. .--verr+r. .... .. .~:: '"' °°sr arrab a<DGr< \ ` 1R a --- ~', b 1 1 ~ I °r° ~ •°a<DrG<yM1, aGr°G<af C - ~ K DrG<, ~ _ ~ , i 1 J.; _ / °° I Dry<b _ srG< ~ .~. ~. 8 \~ ~ oa ^~ ry ° .1 is ~ or0 - rG<b r rr<D _ 1 ' 11 n °~ Dra I °r. n p 0 ~ ~ I tl _.___,- 1°' arc `b - Ll 11 ~ t - , r '- ~ rr o ~~ Boa Dr < .. ooroa 9rr (J _ I ,~ i' T Y c 1 ;_, m 4 ~ ~ ~vmvs-nri 6 ~' tf~ C ~ . ~. ~ °;,°~ 1 '"_ - :~ ~: I{ ~' S '~ ~ ~' ~ ~~ ,, ; 1 t ~e... ..._~.. 3~r ~ ~' # • 01-10 SA MW KS DM IM II S1 AS400 KB TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/05/99 00000 51210212465 16:17:23 GRAU WILLIAM R Bank: Tax Value: $70,550' 4135 W CHERRY LN Prepaid: H/O: 30,550 MERIDIAN ID 83642 Bankrupt: HA: Sub Code: CB Amt: Bill# 981101048.05 Cd Area: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE e 'TOTAL .DUE{ 98- 967.20 1 508.67 :508.67 2 483.60 483.60 `~Y992:.~`27 97 757.36 1 378.68 378.68- ' 2 413.17 413.17- *ACTION _ 98, Interest as of 4/05/99 3.123% " 992.27 CF02=SELECT CF03-EXIT CF05-CALC 21-12 SA MW KS DM IM II Sl AS400 KB TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/05/99 0000,0 51210212465 16:17:23 GRAU WILLIAM R Bank: Ta x Value: $70,550 4135 W CHERRY LN Prepaid: H/O: 30,550 MERIDIAN ID 83642 Bankrupt: HA: Sub Code: CB Amt: Bill# 98110104805 Cd Area: 242 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 98 967.20 1 508.67 508.67 2 483.60 483.60 992.27 97 757.36 1 378.68 378.68- 2 413.17 413.17- *ACTION 98 Interest as of 4/05/99 3.123% 992.27 CF02-SELECT CF03-EXIT CF05-CALC ,. 21-12 SA MW KS DM IM II S1~AS400 KB TAX'*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/05/99 00000 51210212465 16:17:23 GRAU WILLIAM R Barik: Tax Value: $70,550 4135 W CHERRY LN Prepaid`: H/O: 30,550 MERIDIAN ID 83642 Bankrupt: HA: ' 1 ~` V ,~, ~ - ; _ .., r ...:5.~ A .N £ q ~ .. ~P ~ ~ 1 1 ~~~ ~~~ • ,. ~ , ct ~ () '~ ~r ,vi I ~ ( ~i'~E3i{~~~r'~1 ,. ~ p-.~ '. .. _~~ rt WARRANTY DEED s9~ SEt ~~. ~'i'~ ,i `1'j po ,For Value Received ~ t f~ ~ ._.__ DeWaine A. Kuehl and Patricia A. Kuehl, Co-Trustees of the DeWaine A. and~Ptatri, is fY Kuehl rust t3 f'~~#r ~ dated the 31st day of October, 1991, and any,amendments thereto hereinafter referred to as Grantor, does hereby grant, bargain; sell, and convey unto ~• Jeffrey Manship, a single man hereinafter referred to as Grantee, whose current address is 4375 West Cherry Lane, Meridian, ID 83642 the following,'described premises, to-wit: s ., SEE EXHIBIT "A" ATTACHED HERETO. AND MADE A PART THEREOF. To -HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee,.. his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free froin all encumbrances except current years taxes,. levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upom the premises, and that Grantor will warrant and defend the same from all claims whatsoever. - - Dated: September 5, 1996. DeWaine A.Kuehl and Patricia A. Kuehl„ ~" Co-Trustees of the DeWaine A.~ and STATE OF IDAHO ) Patricia A. Kuehl Trust U/T/A dated the 31st day. October, 1991, and any COUNTY OF ADA ) amendments t reto -0N THIS 12TH DAY OF SEPTEMBER, 1996 BEFORE ME, A NOTARY PUBLIC IN AND FOR 'r'$Y: r" - STATE, PERSONALLY APPEARED PATRICIA A. DeWaine A,_,Kuehl, .. .. Co-Trustee ,. KUEHL, KNOWN OR IDENTIFIED TO ME TO BE . , - ~' ~ THE PERSONS-WHOSE NAMES ARE SUBSCRIBEL /: ?~-~_.~_ `_ ~~ _ ~ ,~ ~, TO THE WITHIN INSTRUD'1ELVT AS THE CO-TRt / B~: '~~' ~C , ~j.- ~ ° `~ -''~ : OF THE DEWAINEA : AND PATRICIA A . KUEijII ` _ j r f ~~-~~ Patricia A. Kuehl, ~ # ~ / - , ~. Co-Trustee ~FneQne~g TRUST, AND ACKNOWLEDGED TO ME THAT THE E ,a+*a',~, ,1 P R4s°~ EXE('U'I'ED THE,.. SAME AS SUCH CO-TRUSTEE. A~ ~ ~~ n f ~~ ~ ~ *~ a r c m n "' ~ ~ ~ :~ - 3 NOTARY PUBLIC OF IDAHO ,T f ~ ~ a '~~, ~„" .~ k'p,~ -~~.(`~ A ~~'~ ~ ISE, IDAHO RE DING AT: B O S I r ~ ~i: <~'`a, "rt„* ~~' ~`y 4' 7 ~~ ~ ~ g COL'Y'IISSION EXPIRES: 9/26/02 ,,, eRa. ~, .: STATF.O)~~ ~.IQ^~IClc!.~.._~,. ''~~r„ ~ ~@ -q ~ 6Q1°i third SlIC~fCj0.`'' ~1b~f1`G1 Ss. d1'rvre~mepenanB°~'W~ Ee~'~~--ems ) . ~.... ~.._,,_.. _~~-.E-,. tl~ _ _ _,. { - ,, On This ~ ~ day of September,.in the year 1996, before me, a Notary Public in and for said State, personally appeared DeR'aine A. Kuehl a~ieia-~r-f~uthl; known or identified to me to be,the person whose names are subscribed to the within Instrument as the Trustees"of the DeW m A. ' -A:-I~uehlue_h~~ Trust ,and acknowledged to me that they executed the same as su ~ rustee. ~ . (~ ~~y~ L Off. ~` otary Public of Idaho ~~~ALASKA esiding at ~n~ I ~Orcr . e, ~ IczS~~~~-- ' ~ ' - ~` 8U8AN S~IAOhpW mmission expires: ~/7/q p :: _ d First A~mer`ican ~Title~ Company o f Idaho .i GJ 77 m ZI O R7 N Q N Z c D "` ~' ,~ J ~ ~ ~ ~ O J d ~ < ~ ~ _ ~ ' ^ ~1 J w Q . a ~ ~ N d ~ T y n ~ i / c ~ ~.~ . . ~ m T ~J W ~ °' ~) ~ ~ m f'f w ~ O ~ c' a c o. 3 . c N T //~•• _~ V+ ~ m a n D G~ `^. m 3 e. o Z o v a •e~ ~ ~ m N ~ _ m '~ m ~ ~ o ~ ~ - o -~ D ~ D X n r- o o c s N - -- -- - -- -- - -- - g - ` JEFFREY, L~.MANSHIP , ` ~' X4375 W._CHERRY LANE 208-884-31 \_/ ~ _ C w w w ° ~ ~ ? m ~ ~1 a_N a w o s m 111 W ~ ~ ~ °' v_ N ~ a z G~ ~~~ ~, `T'om ~ ~ 4~ ti , r 1,.6.7 3 ti ' -'a .~~ ~. ~ ~` "'"'t 92-372/1231.3644 f ~'!i` ~~ .A>' n~ 4 s',s DATE "~.. Y'~C ~~s 'E"! -:S irk + t7:} c ~~:.?! 4t .Fj; ~ ~~~'c'" i 4 .. K+~?' '~5.7,S "'R~, J' , ' rL ' " At ~ .h r ~ ~. -~.a ~ ~a R~- } " . r.' :'PAY:TO_,~`~~. -_.. ~.A ~_7 ~p~,F P~ '. ~ ~„,r.~~,ad ~ ~, `y.~,~~ r S~~.l 4 ~ 1 "1k,~1,i.4 2 r ~K ~~i i. h ~ THEORDEAOF ~_~~`~ r y'( + ~~,~`~1,~.~ .s I`.~ 1 ~qq~ r a,: ~ ~ e - ~ FF ~w ~ ~ ~ a yy } ~rr a " ~ ~ ~ ~ - ~ 7' t ~~~ "T' F ~ i ~' S ~u i r r .i o a a ;sr ` . 24-Hour Banking a 'rtk i cx~: • ~ w ~ ~ ~ . , V s '' .... .r~. "" ~~ '1 n `r ~ v ...l-bUO-USBANIC$ ~ ~+,,; v e y er f~ ~ •~ A~'~r # Foa ~xJ~I?C)ltJ,g-C_f.1s~ _/`"C~NZ _ ~:123'`10~3729~:,1533013753``14u! 73 '~ _ ,. `~ ~_~r J' r~ `~ CHERRY LANE ESTATES - 4375 W. CHERRY LANE _ ._ •• . ` PROPERTY OWNERS WITHIN 300' . ~, ~® ~,, ~'GOI,FVIEW ASSOCIATES LTD PARTNERSHIP PO BOX 3510 KETCHUIVIID 83340-3510 W QUAKER RIDGE DR 1698 N GOLFVIEW WAY 1674 N GOLFVIEW WAY N GOLFVIEW WAY 1681 N GOLFVIEW WAY 1669 N GOLFVIEW WAY W QUAKER RIDGE DR 4327 W QUAKER RIDGE DR W CHERRY LANE ~ BARR ROBERT A & KARLA J 1687 N GREENFIELD AVE MERIDIAN ID 83642-3912 '~ HUNN JAMES C & MARTHA P PO BOX 1076 EAGLE ID 83616-1076 1655 N GOLFVIEW WAY xEVANS ALYWIN D & NANCY M 4349 W QUAKER RIDGE DR MERIDIAN ID 83642-3915 X BYRNE MICHAEL P & NANCY E 4285 W QUAKER RIDGE DR MERIDIAN ID 83642-1096 GOLF VIEW ESTATES HOME-OWNER ASSOCIATION 1526 E Ol ST MERIDIAN ID 83642 W CHERRY LANE • ~C'CARLSON GERALD E IRA WEST ONE BANK ID CUSTODIAN PO BOX 7928 BOISE ID 83707-1928 N BLACK CAT RD MANSHIP JEFFREY ~~ 4375 W CHERRY LN MERIDIAN ID 83642 ,5~ TURNER BRADLEY S & LORI ANN 4365 W CHERRY LN MERIDIAN ID 83642-5433 ~DAVIS GEORGE B & MILDRED L 4225 W CHERRY LN MERIDIAN ID 83642-5433 SON GERALD ONE B STODIAN PO BOX BOISE 370 - 8 ~C~_C 1 LACK CAT RD X'DAVIS GEORGE B & MILDRED L 4225 W CHERRY LN MERIDIAN ID 83642-5433 W CHERRY AVE uBROWN MICHAEL J & CHERYL ANN HENNIG WALTER III & PAMELA KAY 3017 W RAVENHURST ST MERIDIAN ID 83642 W CHERRY LANE ~IIOFKINS EDWARD R & KATHLEEN Y 4200 W BLUE CREEK DR MERIDIAN ID 83642-4208 SASS DEAN D & SHERI L 4234 W BLUE CREEK DR MERIDIAN ID 83642-4208 ~SALLEE BRET & ~' SALEE DEBBIE ~-, 4256 W BLUE CREEK DR MERIDIAN ID 83642-4208 ,~. ~fr ` 'J~KNAUSS MICHAEL W & SHARI L~ 1369 NSAW -CREEK WAY MERIDIAN ID 83642-4228 WALKER GARY O & DIANNA L 1342 N SAW CREEK WAY MERIDIAN ID 83642-4228 ~ HOWARD JOEL W & ELIZABETH ANN- AND MATHISEN BARBARA JANE 1335 N SAW CREEK WAY MERIDIAN ID 83642-4228 PLANE DALES & NANCY L 1317 N SAW CREEK WAY MERIDIAN ID 83642 a r' s £ _} ;:a V ~~ BEFORE THE MERIDIAN CITY COUNCIL .IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL.. USE PERMIT FOR ) DEVELOPMENT DENSITY BELOW 3 ) UNITS PER ACRE FOR PROPOSED ) CHERRY LANE ESTATES SUBDIVISION ) BY JEFFREY MANSHIP ) CUP-99-011 ORDER OF DISMISSAL: OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 15`'' day of June, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judicial 'notice of the Record in Case No. AZ-100-98:01, and no presentation of testimony having been given, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. `FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions°and Development Ordinances codified at Title 11 Municipal Code of the City of ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 1 USE PERMIT /CHERRY LANE ESTATES BY JEFFREY MANSHIP Q Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 -January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. x~ 3. The property is located at 4375 W. Cherry Lane, Meridian, Idaho. 4. The Applicant is Jeffrey Manship whose address is 4375 W. Cherry Lane, Meridian, Idaho. 5. The record owner of the subject property is Jeffrey Manship. 6. The subject property is currently zoned Rural Medium Density Residential District ('R-3). The Applicant in Case No. AZ-100-98:01 made an application for annexation of the subject property into the City and requested a zoning district of Rural Low Density Residential (R-2) which is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408 B 1, which application was denied. 7. The proposed application requests a conditional use permit for a residential subdivision with a density below 3 units per acre. The Rural Low Density Residential (R-2) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant.,.. (Meridian City Zoning and ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 2 USE PERMIT /CHERRY LANE ESTATES BY JEFFREY MA.NSHIP C: ~J interoffice MEMORANDUM c E I'1/E To: William G. Berg, Jr. JUN 2 5 1999 From: Wm. F. Gigray, III ~ City of 1lgeridian City Clerk Office Subject: CONDITIONAL USE PERMIT CHERRY LANE ESTATES BY JEFFREY MANSHIP File No.: CUP-99-011 Date: June 25, 1999 Will: Pursuant to City Council's action at their June 15, 1999, meeting pertaining to the Annexation and Zoning application by Jeffrey Manship for the proposed Cherry Lane Estates Subdivision, and Council's denial thereof, please find attached the original of the ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT in Cherry Lane Estates Subdivision. This may be presented to the Council to obtain approval only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. AZ-100-98:01. After you have executed the Order of Dismissal of application for Conditional Use Permit, please present copies to the Applicant, Planning and Zoning and Public Worlcs. If you have any questions please advise. msg/Z:\Work\M\Nleridian 15360M\Cherry Lane Estates\BergMemoCUP062299 ,, ~a. - MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999 APPLICANT: JEFFREY MANSHIP AGENDA ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED CHERRY LANE ESTATES SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: ~'"' US WEST: 6 _ S INTERMOUNTAIN GAS: ,~ ; (~~ BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. z d ~\~ , s 1~ Meridian City Council Meeting June 15, 1999 Page 40 15. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR- DEV,ELOP_MENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED, CHERRY LANE.ESTAT_ES'BY JEFF-MANSHIP-4325 W: CHERRY LANE:. u$ Corrie:. I assume that the item number 15 is moot at this poin#, Mr. Attorney. ~~-~ Gigray: Mr. Mayor and members of the Council, it is my opinion and as you will know it's .been standard advice of mine to the Council that you never. take. action on conditional use permi#s until you've completed annexation. We've held public hearings, taken the information, but we've always held the orders -and the held;the. approvals and since you have now denied the annexation, you would have no ordinance under which to consider a conditional use permit, and my recommendation is that you would determine that it's moot at this point. If the applicant would try to submit some kind of new proposal or whatever at'some point, hen they. canLLgo back through the process. But there really wouldn't be any authority in~which you would have a'public hearing I would think a# this point in time. ., Corrie: Do we need a motion on that? Just remove it from the agenda then? ~; .r., ''vj...~~ ,. s ~ Gigray: To dismiss it. Corrie: Dismiss it, okay. 1'II entertain a motion to dismiss item number 15. Bird: Mr. Mayor I move that we dismiss from our agenda any future Council meetings, request for conditional use permit for development density below three units per acre for Cherry Lane Estates by Jeff Manship at 4375 W:.:Cherry.Lane:m Corrie: Do I hear a second? - . " ~ _. ~ ~ ' ~ ~° Anderson: Second. Corrie: Motion is -made and~second that the proposal an the public hearing on item number 15. Any further discussion? Hearing none, all those in favor of the motion say aye. -gt . MOTION CARRIED: ALL AYES. Bird: Mr. Mayor f would like a clarification for just myself being a not too smart guy, but why would even act upon the preliminary plat after we denied the annexation and zoning? It's out of,our jurisdiction if we don't annex and zone it., 3 p ... _ ~~. ~,, ~• Development Ordinance, Section 11-2-409). 8. The use proposed would require a conditional use permit if the application in Case No. AZ-100-98:01 had been granted: 9. The legal description of the property is described in Exhibit "A" attached and incorporated herein as if set forth in full .herein. " CONCLUSIONS OF LAW 9 1. All procedural requirements of the Local Planning Act and of the Ordinances of the~City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code § 65-6512 and pursuant to § 11-2-418 of the Municipal Code of the City of Meridian. 3. The City has the authority to talce.judicial notice of its'~own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned.(R-3) Rural Medium Density Residential District. The Applicant is requesting a zoning district of Rural Low Density Residential (R-2) which is defined within the City of Meridian Zoning and Development Ordinance, Section 11'-2=408 B 1 as follows: . ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 3 USE PERMIT /CHERRY LANE ESTATES BY JEFFREY MANSHIP • "~R-2~,Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single- family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 5. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" ... ,when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 6. The City's authority to make and enforce ordinances are confined to ' within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically based upon the City Council action of denial of the application for annexation and zoning designation and, the City having no jurisdiction for the issuance of a conditional use permit, this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 4 USE PERMIT /CHERRY LANE ESTATES BY JEFFREY MANSHIP DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE .MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6-/~~`'j9 MOTION: APPROVED: • VOTED f~,~.G~- VOTED l,~,ZGL. VOTED_ C~~ VOTED (,(,QG~. VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 6- ~~- ~~ By: i~~-~-. _ Dated: City Cleric J~~~~t~ N r~tlt I t!~ firy ~~,~d ~ 'f~dPsn ms~Z:\Work\MUVleridian 15360IV1\Cherry Lane Estates\FFCLOrdCUPDenial + ~ ~ ' ~ .~ a ~ ~ ~ w s~+ ~{j < y c• \~+, !~~ ` ,/~~Frfed`i tt1'i1S~~~~ ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL - 5 USE PERMIT /CHERRY LANE ESTATES BY JEFFREY MANSHIP - #r~ 'k EgEIBIT "A" ~~ FA-106471/HC Ycur No. KU~IL TRUST/MANSHIP A parcel 'of land being' a portion of the Northeast quarter of the' Northwest quarter of Section 10, Township 3 North, `-Range 1 West,'' Boise Meridian, Ada County, Idaho, and being more particularly described`as f ollows: Commencing at a found Brass Cap marY.ing the Section corner common to Sections 3, 4, {9, 'and 10, Township 3"North, Range T West, Boise Meridian, Ada County, Idaho; thence South 89°40'23" East 1322.58 feet along the north boundary of the said Nor}~.hwest quarter of Section l0 to a set 5/8" iron pin marking the West One Sixteenth corner of said Section l0, said pin bears North 89°40'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10; thence continuing South 89°40'23" East 1.11 feet along said north boundary of the Northwest quarter of Section 10 to a point; thence South 0°01'16" West 44.93 feet to ~a set ~1J2" iron pin marking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT OF BEGINNING; thence South 89°41'01" East 203.4b feet along said southerly right of way of Cherry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane _ South 0°06'09" East 351.29 feet to a set 1/2" iron pin; thence North 89°41'01" West 124.00 feet to a set 1/2" iron pin marking a point on the ..east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0°06'09" East 266.34 feat to a found 5/8" iron pin marking the Southwest corner of said parcel as described under Instrument No. 574474, and the Nor~~hwest corner of that certain parcel as described under Instrument No. 9260788, records of Ada County, ,Idaho; thence S outh ~ 8 9 ° 4 0 ' 19 " East 4 . 0 0 feet to a found 1 / 2 " iron pin marking the Northeast corner of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 0°39'41" West 3.53 feet along the east boundary of said parcel as described under Instrument~~Ro. 9260788, records of Ada County, Idaho to a found 1/2'! iron pin marking the Northeast- corner of that certain parcel described under Instrument No. 93110125, records of Ada County, Idaho; thence CONTINUED EXHIBIT "A" FINDINGS OF FACT AND CONCLUSIONS - 1 8 OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT APPLICATION ~, FA-106471/HC Your No. RUEHI, TRUST/MANSHIP E%HIBIT "A" LEGAL, CONTINIIED North 8"9°40'23" West 332.75 feet to a set 1/2" iron pin marking the Northwest corner of said parcel as described under"Instrument No. 93110125, records of Ada County, Idaho, and being a point on the west boundary"of said parcel as described under Instrument No. 8707411, records of Ada County, Idaho; thence. North 0°01'16" East 621.09 feet along said west boundary as described under Instrument No. 8707411, records of Ada County, Idaho to the REAL POINT OF BEGINNING. z: ..r 1 9 EXHIBIT "A" FINDINGS OF FACT AND CONCLUSIONS - 1 OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT APPLICATION` interoffice MEMORANDUM To: William G. Berg, Jr. ~ JUN 2 5 1999 From: Wm. F. Gigray, III ~ City of lYferidiau, City Clerk Office Subject: CONDITIONAL USE PERMIT CHERRY LANE ESTATES BY JEFFREY MANSHIP File No.: CUP-99-011 Date: June 25, 1999 Will: Pursuant to City Council's action at their June 15, 1999, meeting pertaining to the Annexation and Zoning application by Jeffrey Manship for the proposed Cherry Lane Estates Subdivision, and Council's denial thereof, please find attached the original of the ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT in Cherry Lane Estates Subdivision. This may be presented to the Council to obtain approval only after the ..City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. AZ-100-98:01. After you have executed the Order of Dismissal of application for Conditional Use Permit, please present .copies to the Applicant, Planning and Zoning and Public Worlcs. If you have any questions please advise. ~~~EivEp msgfZ:\Worlc\M\Meridian 15360M\Cherry Lane Estates\BergMemoCUP062299 t , r • ~ ~ ._ MERIDIAN CITY COUNCIL MEETING: _._JUNE 15, 1999 APPLICAM: JEFFREY MANSHIP AGENDA ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED CMERRY LANE ESTATES SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: ~'~ US WEST: INTERMOUNTAIN GAS: '~~ ~~ BUREAU OF RECLAMATION: OTHER: A{I Materials presented at public meetings shall become property of the City of Meridian. 4 ~~ F , ~. Meridian City Council Meeting June 15, 1999 Page 40 15. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PEF2MIT FOR DEVELQP_MENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED. CHERRY LANE.ESTATES'BY JEFF~MANSHlP--4375 W. CHERRY LANE: Corrie: I assume that-the item number 15 is''moat.at this point, Mr. Attorney.. t . ~. Gigray: Mr. Mayor and members of the Council, pit is my opinion and as you will know 'it's been standard advice of mine to the Council that you"never take action on " conditional use permits unfiil you've completed annexation. 'We've .held `public hearings, taken the information, but"we've always held fhe orders and the held the dapprovals and since you have now denied the annexation, you would have no ordinance under which to consider a conditional use permit, and my recommendation is that you would determine that it's moot at this point. If the applicant would try to submit some kind of new proposal or whatever at some point, then they,can go back through the process. But there really wouldn't be any authority in which, you :would have a pubfic hearing t would think a# this point in time. " ' " '" Corrie: Do we need a motion on that? Just r'emove~it from`tlie`agenda then? Gigray:~ To dismiss it. ., f a:, ~, Corrie: Dismiss it, okay. I'll entertain a motion totldismss item number '15. Bird: Mr. Mayor I move that we dismiss from our agenda any future Council meetings, request for conditional use permit for development density below #hree units per acre for Cherry Lane Estates by Jeff Manship at 4375 W. Chevy Lane.. ~~ Corrie: Do I hear- a second? .y ~ ~, Anderson: Second. Corrie: Mo#ion is made and second that the proposal on the public hearing on item number 't'5. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor I would like a clarification for just myself being a not too smart guy, but why would even act upon the preliminary plat after we denied the annexation and zoning? It's out of our jurisdiction if we don't annex and zone, it. , .. ,R r ~~ / 1 i f j~ Meridian City Council Meeting June 15, 1999 Page 41 Gigray: Platting is still within your jurisdiction. You have the authority over all plats in your impact area, and there was I think some pending jurisdiction there. I think you would want to retook at the preliminary plat given your action you could have tabled it if you wanted to for further report from the administrator, but as I interpret and how I will prepare the order from the action taken and the discussions of the Councif is that we had I think a finding that i# wasn't compatible with the comprehensive plan, which is an essential consideration of any zoning designation. You have absolute discretion on annexation anyway and I believe as I understood the facts and as 1 understood the ,decision making of the Council, I would preparing Findings an the denial of the preliminary plat in line of the fact that the proposal is presently submitted and the ability of the city to provide services 'ts just not compatible with your comprehensive plan. Bird: Okay, thank you. 16. PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES (FROM R-15 TO L-O) BY MATTHEW 8~ DANITA HARTZ-1990 N. MERIDIAN RD: Corrie: At this time I will open the public hearing and staff comments. Stiles:- Mr. Mayor,and Council, this is the existing home on Meridian Road. They would like to turn it into a music store~and be able to give lessons there. They have agreed with alt of our recommendations for approval. The staff has recommended approval of the project. Corrie: This is a public hearing. I'll invite the applicant to came forward. Hartz: ~ Matthew Hartz, 1990 N. Meridian Road. Any questions? Corrie: Have you read the recommendations of the Planning and Zoning? Hartz: Yes. Carrie: Do you agree with all of those? Hartz: Yes, agree to comply with everything. Corrie: Anything else? Hartz: No. Corrie: Thank you. Is there anyone from the public who would like to issue testimony on item number 16 here tonight? Hearing none, Council any further questions? O Meridian Planning and Zoning Commission May 11, 1999 Page 93 c: . MacCoy: Oh, I thought you said aye or whatever it was. You said no. Okay. So I've got two to one. Sorry I didn't pick up on that. That's the reason I say what I say about everybody (Inaudible). ITEM NO. 8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR PROPOSED CHERRY LANE ESTATES BY JEFF MANSHIP-4375 W. CHERRY LANE: MacCoy: Staff? Stiles: Nothing further. MacCoy: Excuse me? Stiles: Nothing further than beyond what was on Item No. 7. MacCoy:. Okay, Mr._ Manship, do you want to come back here again? What do you want to say about this? Manship: I'm just zoning it below what it is called for. Just put some variety into the development. That's all there is after doing that. MacCoy: Okay commissioners do you have anything else you want to ask of Mr. Manship? Manship: I have reasoning for that because Central District Health won't require septic system with a lot size of one acre or smaller. You need one acre or Larger to have a septic system because there. is no sewer access at the moment. De Weerd: I still like that density. l just don't like the road situation. What was it that ACRD wanted you to do? Manship: I have the requirements in my briefcase if you would like me to take it out. De Weerd: Well, if you would submit it for the record. Manship: I think that Brad Hawkins-Clark got a copy of them too, we met together. Rossman: Is it a final report or a preliminary? f: Manship: A final report. • l •N • .. •. •• . • ~ Y ~~ 7 ~ x • I ... ~.1. / ~~ ~ ~~~, ~ , ~~ 0 For Accountable Mail T r.~ ^ ~ N j (Jl 1 ~ 1 N J -+ .1 O CO 00 ~I ~ Ul ~ W N -+ r ~ m M Z N D m ~ , a~ ~, aZ ~ ~ t \ ~ 1 ` 1 \ ~ V 7QlD%" Q, y ~ ~ ,. R ~ `V ~ /~ , n ` 1 ~ ~ ~ 6 C w ~ .. m ~ ~ ~ ~ ~~ ^i _A ~i, ~ ~ r `~ am ~ ~ d b p y ^9 ~ ~ W g ~ y W ~ N ~ N ~ ~ N ~ d ~ ni ~ CG G~ ~ ~ ~' N ~ '-" W ~ ~ ~ O W C77 ~ O~ ~ 0 !'C ni 00 ~~ ' ~ _"E'' m.- a~ 7" cn~ l ~ ' w ~ Z o ~ a ~~ ~ ~ y N ~"r oo ~x ~ ~~ ~ v r1 ~~ oo ~ 'r ~ ac„ ~ "7~® n3 vW Z, Y ; C c R,o c c R, C C ~ d d rl C ~ y ~ ~.-~ Gd O v~ y ~ lT1 lTJ z'~ rJ by O C ` + 4:~'~ ~ "s'1 oo ~ ~ j ~t'" Cd~ bd~ Cd" tai r ITJ ~cn~ ,Or iOZ XR° (~''C [, `"~ ~~ ~ ~ ~ ~ °~ ~y ~~ r~~ r~~ mx~ ~ z ~ r ~ ~ z ~ a ~ °~ ~z z o~ ~ ~,~aa _.. ~ ~~ ~ ~~ ~a ~y ~ ~ ~ d ~ o dy z c~ ~ ax ~a ~x ~~ ~o y ~ C7 ricer ~x xr x~ ~ ~r d ~ z zr~ d~ ~c d,~ r x b z r d ~ xa rZ ~ ~ ~ ~ , [ ~' y ~ o ~y d~ ~ r ~ dz ~ x ~~ H O ° ~ d m~ ~ ~a ~ d ~ ~ ~ ~ ~ ~~ m N y ~ ~ zn try r i t 0 t~ ~ ~ C ~' ;d O y x y i~ ~ ~ - 7~ ~ ` ~ ~ ~... ,,r"b d ~ Q -t l1 N ~ ~ ' ' L7 ~ ~ ~ ~ C ~ ~ O ~l/. 1, I " _ ~ ~ ~ 1 -1 ~ ~ 1 f- ~ r+ w O ~ ~ ~ li7 CA C d ~ ~ W ~ ~y f=i ~ _ p ~ ~ d p t ~n 0 ~ ~ m ~ z ~ d d d er r z Cr7 ~ z ~ N d Y d Y rn Z d yY !-~ w ~ ci to ~, ~ d Y z Y z Y z ~-+ ~ d z z a .~ o D a n p ~ d d d W b N ~ ~ ~ p ~ ~ N ~~a O '" ~ , a N o0 W 00 W 00 W ~ a ~ ~ ] o o w 01 O o W O\ O 0 w 01 ~ ~ ~ (7 > ~ n a ~' a c O n ~ ~ A N A- N ~ A N N ~ ~ w' ~ ? ~ A N N r M ~ ~ ~ ~ a C . ~ N Oo A. ? ? ~ .-+ tN ~ ~- ~ N ~" m m Q o ~ m o 0 0 x ~ 0, v, 0^ 03 ~ 'O ~ o x .o.. ~ ~ m. C fD ~ `C m ."i ~ t il m ~ ~ ~ mm~D~ to _ "~ ~. N O ~ ~ N d 7 A t -~ N D_ N - Q _..~ N ~ ~ O 7C 0 SJ~ ~N fU S ?? m o cn~< m pWj . _. . to (~~ oac_ NO~NON- 2 Sd ^^ fD S - a~o~oom ~ ~'n ~ ~ _~~. ~ S p ~ `< _m. N a N~ N ~ ~ ~ N ~' ~ O - tO O p~ O ~ N - r i N ty _ C ~ N ~ tD O ~ o n ~ O_ O O ~ O - ~ ~ JOCtn ~~ .~T .. () C < C 0 ~ ~ ~ (D G O m > N y C A1~ »C -j N dy ~Nn-.pN ~ ~ ~ y~ tp 3 C 7 ~ a , ~'~ N O O 7 omovaw~~ c ~ ~ _ 7 (D~ O ~ ~- to - 33mo3~~ d -~ ~ m G m m O . y a~do~ww dd 'wgQ= to Q N°j3oooa3 C c 0n tD - ~ c ~ pNp..mD O d~~ ' 3 m 3 v ~ ~, -~D9:~~~ m ~ ~, m nU1 to -„ ~; x 3 05'~ ~wm taQ ~m 3~ a pm ~ v ~, ~. ~ ~ ~ ~° N (A ?. -+ ~ J o~~m~~ ~ oo Al O ~, S ~ B.3o o wv', 3' o wmmw m~< xc T7o m• Q N w:m D 03" < . tp ~ m -{a o ~'ammN?' ~ 9 N -'~ y cD ?o~ m .NN 3 NN Tfl1 ~ ~O yG. ~ O ~ C O n . ~.°o3,c a ~ ~ ~' TAN ~° ~ r ~ °^'m oo.mN .. a .~ m2 ~o~fD~= ~ N ~ j ~ .:-~ Q Q t 3°~v;'2om b .., womv~ 'o~ytn3 y c x N ° ~ ~• ~ m r ' , x (n «od3g~3 wm° ' c~3 ~ 968 \ ~ N m ~ ^ o C _ ~ 'm ' x y ~ -n 1 3 mt ~a Ai' ^xc~ nc ~om3 . N f0 O.SN N~ For Accountable Mail ~ 3 r -~ y° aZ Q~ J U1 J ~ 1 N 1 1 1 O O W v O Cn ~ ~ W N ~ r ~ m ~ Z ~' D m A a am~ ~ ~c ~~ j ~ ~ma~~ 7 1 ~ ~ v' m ~ ~ ~ ~~ ~ m y _ ~ ~ om C w ~ ~- "Zr ~ ° °`' m w A -+ ~ ~A 7D /~ ~ ~4 ww _KJj m c ~l t" cn b7 v, O N ~ ~ '~ °-~ ~-{~ z~ ~' ~ z ~ z~ ~ ? ~ ~~ ~'rn~ ~~ f^ ~ ~~ Y z y M r ~ ~ ~ ~ ~y ~ CJ "~ o ~ n ~ _ ~ py C~n trl ~ W (~ ~Ie.. ( ~r ~~ ~y ~a ~ mp xa . ~ xx x~ ~~ ~ r z o y do ~o y r ~~ ~~ N ~ ~ ~ 3 m d ~, ~ .~ z ~ . z z ~ z d ~ a ~ o w d ~ oo W y ^pQ 3 ~ A ~ x .p N ~ ~ ~ 3) Oyow - N ~ N ~ _ ~.. ~ ~ y N w ID ~ ~' 00 N N ~ N m a m ~ o- ~o m p, ~O ~ °° oNO a o m ~ ® ^~ ~ ~ ~ ~ X .~. 0 ~ d. - a o c ° ~; ~ ~, m o ~ ~ ~ °- ~ m w ~ =aN~. ~ ~ Om ~ ~ 3 7 'O ~ y w S w a c ?' v~~ m . . ~ o cn w „ C N ~^ d O~'m O(D voospO~ 7w wQ N 3 ~ ~~.~ ~ p "O~y?NSW '<?'. y a m m~ ~o g ~ N ~„ o ~ n~ ~ ~ ~ ~ ' ~ m d ~ . ~ (n w m ' o '<m nn~ D O _ " ~ ~ c . O~ Ny y 7O . ~" y w ~U 3 ~j.~c c~< -mmwQCw m< w ~ ai w -c -N. wm c~i~^.~ ~~ j Nc v(p ~ fD C 7 J~ 0-p N y 0 0 y 6 w N O ~ w n ~ ~ O~.p~ 3 3~m o3 ~ 2 ~' °' -' m o <y w e ~ _ ~ . N ~ ~ ~~~ O ~. N (D Q ~ ? ~ N N w ~ w C ~.~ OQ- . N w O (D o ~,o 0 c c on m c o ~ ~d3ac,m -.JJ~~m~ ~.m c~cn p_~ m x ~ ~w~ mco Q_o ~w ' O N A y ~ ~ ° a ~~ ~ ~ ?'m3 ~ " - 3~c y ~ J , J ~ o m,~ m a .. ~ ~ o oo ~ p ~' ~ ~ -o. 3 0 mw ~ W'O n ~ T~ Q_ N d. N o w m mm ~~ww~o m77 - ~ ~~ti o.QS~~ ~ ~Oy f0 (nom ~ N ~ • N ~ ~ Nin ~ ry ~ ~~ ~ ~ ~ .. N~ ~ QOd -ly joc ivn3a ~ (/ C~. . mp ~ c yw'O~3 ~~ S" m a . g i 2 w y ~ 7. N ~ a°~;¢g~ •~ r~ dy~a~ O ~wy 3 ~ (D ~ w 3 g ~ 3 ~ is m w9'~xc~ a~"~Om3 - m m ~o a s of m ,7 o • Meridian Planning and Zoning Commission May 11, 1999 Page 94 Rossman: Did you submit it to the clerk? Manship: Yes. De Weerd: Mr. Manship, is that a copy so-or do you need us to make a copy? Manship: I would like a copy please. Rossman: If it's just a draft, it's not much .good to the commission. Berg: Mr. Chairman, members of the commission, this is a draft but it does state on here that commission date is for May 5 at 12:00 noon. So we may have to do some further research to see what the final approval was, if that is okay. We will make a copy. Do you have the draft in your file? MacCoy: Okay, do you have any questions for Mr. Manship while he is standing here? Okay, you can sit down then. The question is since it is a public hearing, is there anybody here who wants to speak in favor of this action? All right, anybody here who wants to speak on the negative for this action? Seeing none. De Weerd: Mr. Chairman, I move we close the public hearing. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Okay, what do you want to do? De Weerd: Just for the record, I do like the low density, but I hate to see another property owner effected by limited access created by the limitations because of the road size. That's my only comment. Barbeiro: Mr. Chairman, I move that we recommend approval of the conditional use permit for development density below three units per acre for Cherry Lane Estates. Borup: Second.. MacCoy: Any discussion? Okay, all in favor? MOTION CARRIED: Two ayes, one nay. Meridian Planning and Zoning Commission May 11, 1999 Page 95 MacCoy: One nay, right? De Weerd: Exactly. Nay. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR REZONING OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILL{AM & LUCILE LEAVELL-END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I St SOUTH OF FAIRVIEW: MacCoy: Does staff any questions on this or comments on this? Stiles: Mr. Chairman, commissioners, do you have our memo dated May 7, 1999? It's my understanding that they are appealing some of Ada County Highway District's conditions, mainly the extension of public roadways to and thru the property for that reason and other issues that need to be addressed on the site plan, we felt there was going to be a significant redesign and did not perform a review of it, but they are here tonight to make any presentation and answer whatever questions you might have. MacCoy: All right, is the applicant here to speak this evening? LARRY KNOPP, 355 S. 3RD STREET, BOISE, ID. Knopp: I'm the architect representing Mr. & Mrs. Leavell in this project. As Ms. Stiles has stated we are appealing the decision from ACRD. They were requesting some public streets through this project and we are designed it phase 2 in conjunction with phase 1 for private streets. A development agreement with-when this project, phase 1 went through in 1992 required that the Leavells have a rec facility and some amendments that are in conjunction with phase 1 and this is what they are proposing in the phase 2, clubhouse, swim pool, some amenities that go along with it. We have private roads as you can see from our preliminary plat that are preliminary site plan that we have the units spread out. The rec building is in phase 2, all the streets that are in phase 1 and phase 2 are private roads. We would like to maintain that quality of development. I do have a letter also from Captain Bowman that he gave us today in regards to the safety of public streets in a private development that I would like to submit to the commission for their review. I'm not sure what the appeal date is with ACHD, but I'm assuming it's within the next week or so. Ms. Stiles also had some comments about the Nampa Meridian Irrigation Five Mile Lateral that goes along there. Their comments to the city were at this point they have no comments. They don't make comments on a rezone, but I did talk to Mr. Hensen today, this afternoon, he is with the Nampa Meridian,lrrigation District. He had stated to me that they had no comments, but also they were willing to work with us on an easement that is on that lateral. There is 50 feet of right-of-way both sides from the center line of the ditch and the Leavells have talked to the people prior and they have indicated that all maintenance was done on this ~ _ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT ,, (_os> ssa-a26a CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (2os~ 8s~-22 t t GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH B[RD (208) 884-5533 MEMORANDUM: December 7, 1998 To: Mayor, City Council, Planning & Zoning REcEI~~ From: Bruce Freckleton, Assistant to City En meer DEC 0 7 1998 Shari Stiles, P&Z Administrator ~~ City of Meridian Re: CHERRY LANE ESTATES by Jeff Manship Ci#y Clerk Office Request for Annexation & Zoning of 3.86 Acres to R-2 with Request for Preliminary Plat for 3Single-family Lots We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project; shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 4. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 5. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 6. Due to the late delivery of these staff comments, please be prepared to respond to the each of the comments contained in this memorandum at the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to Cherry Lane Fstates.PP Mayor, Council and P&Z ~ ~J December 7, 1998 Page 2 the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application for annexation is not contiguous to the Corporate City Limits along the Cherry Lane frontage. Please submit a revised legal description prepared by a Registered Land Surveyor, licensed by the State of Idaho; said legal description shall conform to all the provisions of the City of Meridian. Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per (Ordinance No 686). 2. Sanitary sewer service to this site is not available at this time. Applicant will responsible to install a dry line sewer system within this development that will drain to the future sanitary sewer trunk line that will be installed adjacent to Ten Mile Creek. Applicant will be responsible to construct the dry line sewer main to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to this site will be via an extension of an existing main stubbed- into the existing 30-foot-wide easement along the western boundary. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. A temporary turnaround shall be provided near the terminus of the entrance road. 5. The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary; however, no existing ditch easements are shown, nor is there any information as to how these ditches are to be handled. Please show any existing easements of record and any plans for piping, relocating, or abandoning these ditches. No variances have been requested for tiling ofany ditches on this property.. 6. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 7. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Applicant has not shown a pressurized irrigation system. Please revise the preliminary plat to reflect plans for a system per the requirements of Meridian City Ordinance. Please indicate whether the pressurized irrigation system within this development is to be owned Cherty Cane Fslates.PP Mayor, Council and P&Z O December 7, 1998 Page 3 and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. Please indicate the existing land use and zoning of all adjacent properties. 10. Please submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 11. Add a note that the minimum residential house size is 1,500 feet, exclusive of garages. 12. Create a 15-foot-wide easement adjacent to the south boundary of Lot 1, Block 1 for a~ sewer service line to 4365 W. Cherry Lane. 13. Applicant has proposed use of the existing 30-foot-wide easement for access to Lots 2 and 3, Block 1. The existing easement was apparently created to provide access to a 7.48-acre parcel immediately south of this proposed subdivision. Please provide a copy of the recorded easement for review by legal counsel. 14. Although the City of Meridian has no private road standards, private roads of the proposed 30-foot width should not provide access to more than four lots. This would prohibit the property to the south from further subdivision. 15. Annexation of this property, although part of an enclave itself, will make an enclave of the 7.48-acre parcel to the south. 16. Cherry Lane is an entrance corridor. Landscape setbacks must be maintained along this corridor. The owner of Lot 1, Block 1, will be responsible for installation and maintenance of the landscaping unless a separate common lot is created for this purpose. 17. Applicant proposes retaining livestock rights on Lot 1, Block 1. This grandfather right will cease to exist if the property is not used for this purpose for a period of one year. Animals in addition to those existing at this time (other than typical domestic pets) will not be permitted. Chevy Lane Estates.PP r ~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case°No. CUP-99-O1 I `" REQUEST FOR CONDITIONAL -~) USE PERMIT FOR ) RECOMMENDATION TO CITY " DEVELOPMENT DENSITY ') COUNCIL REDUCTION: BELOW 3 UNITS s ,) PER ACRE ) . JEFFREY MANSHIP, ,) AppTicarit s INTRODUCTION x 1. The property is located at 4375 W. Cherry Lane, Meridian, Idaho. r 2. The owner of record of the subject property is Jeffrey 1Vlanship of 4375 W. Cherry Lane, Meridian:.; A 3. Applicant is owner of record. ' 4. The subject property is currently zoned Rural Low Density Residential a (R-2). ~The_zoring district of Rural Low Density Residential (R-2) is defined within ` ~ the City of Meridian Zoning and Development Ordinance, Section 11-2-408 (12 )~. ,~ 4 . 5. Thejproposed application requests a conditional use permit for a residential subdivision with a~density below 3 units per acre. The Rural Low Density Residential (R-2) zoning designation within the City of Meridian'Zoning and L Development Ordinance requires a conditional use permit be obtained for most uses RECOMMENDATION TO CITY COUNCIL - 1 `CONDITIONAL USE PERMIT -CHERRY LANE ESTATES-JEFFREY a MANSHIP -DEVELOPMENT DENSITY REDUCTION { 5 4 r .. - ~ - - - - - .. ~ 5 ~ s ' ' including those requested by the Applicant. (Meridian City' Zoning and Development Ordinance, Section 11-2-409). 6. The use proposed within the subject.application will in fact, constitute a t p conditional use as determined by City Policy. RECOMMENDATION - }. L The Meridian.Planning and Zoning Commission hereby recommends to the+ City Council of the City of Meridian that they approve the conditional use E -_ permit as requested by the applicant, subject to the following: F Adopt, the Central District Health D'epartment's Recommendations as follows: x 1.`I The Applicant's central sewage and central'water plans must be submitted to and approved by the Idaho Department of Health`&. Welfare, .Division of Environmental Quality. 1.2 =~ Run-off is not to create a mosquito breeding problem. 1.3 stormwater shall b'e pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater. management system that prevents groundwater and surface water degradation. 1~.5 All laterals and-waste ways must be protected. . 1.6 All rnuriicipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa ~ Meridian Irrigation District musts RECOMMENDATION TO CITY COUNCIL - 2 ' CONDITIONAL USE PERMIT -CHERRY LANE ESTATES -JEFFREY MANSHIP... -DEVELOPMENT DENSITY. REDUCTION 4: .. review drainage plans. 5 y T_ - 1.7 The developer must comply with Idaho Code 31-3805. Irrigation water must be made available to all developments within the Nampa Sz ~' ° Meridian Irrigation District. ey/Z:\Worlc\M\Meridian 15360M\Cherry Lane Estates\CUPpz.Rec. ~ P' i6 t- + o. . t: ~. r ~ ti 4 ~ r F RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -CHERRY LANE ESTATES -JEFFREY ,. MANSHIP -DEVELOPMENT DENSITY REDUCTION °' ~ ° {. HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . Council Membe c CITY OF MERIDIAN B r PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ('-08> S87 ~~ ~ I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 884533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE (PROPOSED CHERRY LANE ESTATESI BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: 4375~W. CHERRY LANE TAMMY DE WEERD P!Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z + ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _ -CHARLIE ROUNTREE, C/C ~ ~i'CETV,H', # 1 IDAHO POWER CO.(PRELIM & FINAL PLAT) -KEITH BIRD, C/C -~'"~ U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C AP~ ~ 3 19~-INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) - EPARTMENT T~O NN ~~++ I~ ~F ME~ll.~.,ur NT O IL -BU D NG DEPARTMENT~ O ) Y (ANN OU ADA C ~i FIRE DEPARTMENT ~ // ~~- ~~ ~ -POLICE DEPARTMENT YOUR CONCISE REMARKS: '7 CITY ATTORNEY - CITY ENGINEER ~ ~ ~ Rllf l~ Chu.. CITY PLANNER ~r `/JhdT~ i (J-itJ ~r 2C ~~~~r4 ~ f HUB OF TREASURE vALLEY~ Mayor A Good Place to Live ROBERT D. CORRIE Co~ncilMembers CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208> ss7-,~ I I PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE (PROPOSED CHERRY LANE ESTATES) BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: 4375 W. CHERRY LANE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER REMARKS:~/~D ~~•~"~l /Q'~ j~cE~D APR 1 3 1999 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) CITY OF MERIDIAN _.;' :,: ~:. - ~da ~ount~~i hcva~ aCJi~trict ~nerry K. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 MarlySs Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: teilus(a~achd.ada.id.us May 6, 1999 TO: Jeffrey Lynn Manship ~~~ i ~ ~9~a 475 W Cherry Lane Meridian, ID 8364? CITY OF v~~i~L=~`~ FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: Preliminary Plat-Cherry Lane Estates/MCUP99-0011 4375 Cherry Lane On May 5, 1999, the Commissioners of the Ada County Highway District (hereafter called ~~ "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drairiage plans shall be-submitted and subject to review and approval by the District. 2. If public street improvements a e reoY~i-'red: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction"of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. May 6,=1999 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority to~ther with payment of fee charted for the manufacturing and installation of all street signs, as required. y 4. If Public Rights-of--Way Tnist Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 387-6170, should you have any questions. SA cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi City of Meridian ADA~OUNTY HIGHWAY DI~RI CT Planning and Development Division Development Application Report Preliminary Plat -Cherry Lane Estates 4375 Cherry Lane 3-lots/rezone Cherry Lane Estates is a 3-lot residential subdivision on 3.68-acres. The applicant is also requesting annexation to the City of Meridian, a rezone from R-3 to R-2, and conditional use approval for a density reduction. The 3.68-acre site is located approximately 1,300 feet east of Black Cat Road. This development is estimated to generate 20 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Cherry Lane ACRD Commission Date -May 5, 1999- - 12:00 p.m. !r; ~r /jar I k i W ` E ~ -_`~ ``~-``__-_ ~ .-_ J ~O ^O~ `~~ ~ (1 y 7 jr ~ Jf. •~ ~ ~ .c ~" ' _~~"rte. i ' Dlg ~ .~ .. ___..~ . ~~• y 4 7 ~ • ~ YW •a• a.t ~~-~~--~......w ~iit 'a1 "rt~•' aye rr• 4 3~ ,~ ~r• ; ~ ,1R 1 ` ... ~i M ky ~ ,'a,~Mrt• att0jh. C• •tl ~: i .. t ~' yai t 7 star ~ a a / f. ~ 4 ~, t h at1 i 1 r. ~ I: i t, _ •~~. "~~d?K '~ ~ - c~, t ~~ rarer' ! ~ or - ~a~ 3 ~ ~ t 1 ~__. b r _ ('.~. ~ - / ' rt a( V -i ~ l~ 1 3~ U • ater• -t ~ t /~'' .~ s ~ ` t ,mot i j" f \ t _ .. ..__ .. __ ~~ ~ ~ i ~t l : -~-~-'4 ~ t..• f.~ : F ~: ~' T ss t I • ` ~ ~` J ~ „+ ~ ~ . ~ i ~ ` :- iii n. ~ ~~ ~ ~~ ~j ~: ,; f .~ ' r s 7 c ~ ~.7 ~1~I~7 • ~ ~CNE~RY I.AN~ rm.se~ - se9'~o'2y'e. c see ,.~•e~ x.09' p ~ . SA'a'16"w. 4~t9s~~ e" ce ia~ w~ u~t ~ rs~.' - --- 1~_ ~ Rd~~ I ~ ~ Ff~AE I f 1 ~ ~_ ~~ j F--•xs' ~.~• ~ ~ ~r i~ . ~ ' ® ~~ ~~ ~ , o ~ i2o I I b5 AC1~5 --- ~ " ~ ~°' ~. b '~ I i -~~ --.:.. Y ~~ ~~a --, . ~~ ~ar2 ~~ x 1.02 ALAS . ~ ~ ~ I ~ nts~srocar '~~ ~~~Nr --- ar~c \, I ue~•M'a"w. ~aa.sr -----~ ~ wrrfl t~ J I $ tF33~1Y1155-IE . ~~ LOf 3 ~ ~ ~, I , ~3 1.01 I'~5. ~' ~~~, ~ ~ -i IRA ~ c~r~u. ,~~~, .uN~,Att>r~ .: ~ POn' S PACZKS( •. ~ ~ - . ~ CP~~K .SGBnIVI: . . ~ ~ I N 0. 3 ~:. BOOK 6~; Af pAG~S 6 58 Facts and Findings: A. General Information Owner -Jeffrey IVlanship Applicant -same R-3 -Existing. zoning R-2 -Requested zoning 3.68 -Acres 3 -Proposed lots 1 -Existing dwelling units 273 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District C- herrv .an . Principal arterial Traffic count 8,914 on 8/26/97 210-feet of frontage 90-feet existing right-of--way (45-feet from centerIirie) No additional right-of--way required Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk abutting the site. Cherry Lane was rebuilt in 1996. B. Utility street cuts in new pavement less than five years old. are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. The applicant is proposing fo construct a 24 to 30-foot wide curb return driveway on Cherry Lane located adjacent to the western property line. The driveway will be used to serve the southern two proposed lots. Golfview Drive is located approximately 150-feet to the east and the site's existing driveway is also located approximately 150-feet to the east on the south side of the road. District policy requires that driveways on Cherry Lane align or offset 220-feet from Golfview Drive on the north side of the road, and are separated 150-feet from all existing driveways. The site's existing driveway does not meet District policy. Staff recommends a variance for the site's proposed driveway because: a. There is no way to combine the driveways while adequately serving the existing single family dwelling with a garage and the southern two lots. b. The site has insufficient frontage to offset a driveway from Golfview Drive to the north. The driveway will be a low volume driveway, approximately 20 vehicle trips per day. CHERYEST.Ci~IM Page 2 The applicant should be required to constn~ct the driveway as a 24-foot (minimum) wide curb return driveway with l~-foot curb radii and paved back a minimum of 20-feet from Cherry Lane. D. The site has an existing driveway on Cherry Lane located 10-feet west of the east property line and aligns with Golfview Drive on the.north side of the road. The driveway serves the existing single family dwelling on the site. There is an existing driveway on Cherry Lane located approximately 50-feet east of the site's existing driveway, which also serves a single family dwelling. District policy requires that driveways on Cherry Lane align or offset 220-feet from Golfview Drive on the north side of the road, and are separated 1~0-feet from all existing driveways. The site's existing driveway does not meet District policy. Staff recommends a variance for the site's existing driveway because: a. It is a low volume driveway. b. It aligns with a public road to the north. There is no where to relocate the driveway and adequately serve the garage. The applicant should be required to pave the driveway a minimum of 20-feet beyond the edge of pavement of Chevy Lane. E. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcels to the south, and west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcels to the south, east and west if they are the subject of a future development application. F. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed;development with the requirements outlined within this report. The following Site Specific Requirements and. Standard Requirements must be met or provided for prior to ACHD approval of the final plat: CHERYEST.CMM Paae 3 • • Site Specific Requirements: Construct a 24 to 30-foot wide `curb return driveway with 1 ~-foot curb radii on Cherry Lane located adjacent to the western property line. Pave the driveway a minimum of 20-feet beyond the edge of pavement of Cherry Lane. The_existing driveway location on Cherry Lane located 10-feet west of the east property line, which aligns with Golfview Drive on the north side of the road is approved with this application. Pave the driveway a minimum of 20-feet beyond the edge of pavement of Cherry Lane. 3. Provide a recorded cross access easement for the parcels to the south and west to use this parcel for access to the public streets prior to final plat approval. 4. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The rear e~ct, __ SDC~ C1flCally identi each rP4 ,irPmPnt to t,P rannncirlPrarl a„rl ;....l,,,a,.., wn n inn Of Wh; Sll(_}1 a r~4Ulremant ~,yOL11d r 4lllt to A ciihetantiol h.,,-.a l,' p or ine411ity The written reauest shall he tnbmi d to h Distri no la r han 9.00 a m on the,. ~a' ~r scheaulea for ACHD Comm,cci~n a~+;nn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After'ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the. action and shall include a minimum fee of ~ 110.00. The reglt s for r onsid r~ ion sh111 snecifically id n ify each re4t~irPmP„r to ha rarnnci;io e~ ~tla i~«1 ,az wri n do umPntatinn of data that was nit avlilahlP to the ("nmmiccinn at tha t;.,, F't 1 L li.binal decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the CHERY'EST.Ci~IM Page 4 ~, !~1 Commission. If-the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. .~ 3. Payment of applicable road impact fees• are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County•Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said .requirements or other legal relief is granted pursuant to the law in effect at the time the change in_use is sought. CHERYEST.CDiINI Page 5 Conclusion of Law: r 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by• Date of Commission Action• Steve Arnold May 5. 1999 CHERYEST.Ci~IM Page 6 CENTRAL- CEN AL DISTRICT HEALTH DEPAR ENT ~ ` •• DISTRICT Environmental Health Division Return to: '1f HEALTH ~ REcE~~ ^ Boise DEPARTMENT ^ Eagle ;~,`• " APR 1 3 1999 Rezone # ~ ^ Garden City ` ' 1'yjjh; j{ jj)j~~ .'Meridian Conditional Use # ~ ~~ Ip ` c1 ~ ~ ~ 1 1 ^ Kuna Preliminary /Final /Short Plat ^ ACZ -1,`~~.~.~( Loa-v~c~- E~ sTi~-TZ-~S ^ I. We have No Objections to this Proposal i ^ 2. We recommend Denia`I~of this Proposal ~ t ~^ 3 Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4.~ We will require more data concerning soil conditions on this Proposal before we can comment. ^ F 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: '' ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other a • ^ 6. r ' This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or t - ,surface waters. ^ 7. This project shall b`e reviewed by the Idaho Department of Water Resources concerning well construction-and ,. water availability. K ~8. After written approval from appropriate entities are submitted, we tan approve this proposal for. - central sewage ^ community sewage system ^ community;water well interim sewage central water ~^ l individual sewage individua water _ , ,~~/ ~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisi~f Environmental Quality: stem ^ communit central sewa e ^ communi sewa e s water -' ty g y y g ^ sewage dry lines ~ntral water 10.~ Run-off is not to'create a mosquito breeding problem. d _ ` ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other .considerations indicate approval. ^` I2. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. k ^ 13. We will require plans be submitted for a plan` review for any: , ' ^ food establishment ^ swimming pools or spas ^ child care center ~. ~~ ^ beverage establishment ^ grocery store ^ 14. ?- ~~e' J377'.wC'ff,~O •~'T~r.,•.-,,.~.~-~3~L Date:,/ ~7 /~ r~ ~J/ `/.r,4,/,~.i Fm~'~/Y .~~ c nnti... o.tic.Qss~~.~S Reviewed By: ~Yfi~ Review Sheet. (DHD 10/91 a4 rev. 7/91 . 4 s a , ?' _ a a~ ;-: ~ s.e*- 19, 'Will Berg, City Clerk City of Meridian 33 East Idaho w Meridian, ID 83642 IRE: CUP 99-011 'Dear Commissioners: Cherry Lane Estates '~ Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District requires that a Land Use Change7Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with ~Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments,,~within the Nampa & Meridian Irrigation District. `~. ;Sincerely, ~., Bill Henson, Asst. Water Superintendent NP1~A ~ ?~RTD.TAI~T L~.ICATIf 2~I DIS'~2ICT f BH: dln cc: 0 File -Shop File -Office Water Superintendent w - RECEIVE APR 2 3 1999 ORGANIZED 1904 CITY OF MERIDIAN ~. K 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-d63-0092 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~!' 4375 V .~~:.... Merldi l R ~' x p ~ ~ ~. / fib _ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~ ~- 999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 ynnzManship COPY :Cherry,„Lane =ID' 83642 ,:._, _ 4, _,~ ind Use Change Application - Cherry Lane Estates Dear Mr~Manship - Enclosedplease~fnii~~a Land~.Use Change Application for your use to file with the Irrigatlor~~District ,~ for its review on the above-referenced development. If this development~is~und ~a=~"Push=-to~be finalized, I would recommend that you submit a ,cashier'scheck ~~money, orde~~ or cash as payment of the fees in order to speed the process~up~~~lf~you submit°a~company,or personal check, it must clear the bank before i y.g processing the=applicatiori°. a: Should ttSrs~,developments:`be~plannirig;a~pre5sure urban irrigation system that will be owned; operafed~ and:q,mamtained~" by they Irrigation District, I strongly urge you to coo~dlriate~witt John'P'_ Anderson;, Wate~=~SuPerntendent. for the Irrigation District, .~...~. 6 .;:7.,,jG concerning the .installation of~ahe ~-pressures#urban.`irrigation system. Enclosed is a ~. s.-{, questionnaire- fhaf: mush: be~ filled outs and `refurred in-order to initiate the process of contractual... agreements ~ between the developer and" the Irrigation District for the ownership;:. operation and.maintenance-ofthe pressure urban irrigation system. 1f you: have any questions concerning this matter, please: feel free to call on me at the Di'strict's office number or-John P. Anderson at the: District's shop. Sincerely, Donna N. Moore, _ _ _ _ - - _, _- Assistant Secretary/Treasurer =--- - - . ; _-- cc: Fife - _-_- - __~ :~ _-~..,_~~ --._ _ ~~ Water Superintendent--. _ ~ _ - _ y __ ~ _ ____ Asst: Water~Superintendent -- ~"`~`~ - _ -~ _- : Secreta_ry/Ti-easurec p~~ ~ ~ _ -_ /_ City of Meridian, __ _ enc. ~~,_~ , ,c-,--_- %y 4 _ - APPROXIMATE 1RRIGABIE ACRES s.:;...~--;; `'` RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~.~ MERIDIAN PLANNING AND ZONING MEETING: MAY 11, 1999 _ APPLICANT: JEFF MANSHIP ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR DEVELOPMENT DENSITY BELOW 3 UNITS PER ACRE FOR CHERRY LANE ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNINGDIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ SEE ATTACHED COMMENTS f/ r~~ ~' " OTHER: All Materials presented at public meetings shall become property of the C~ityn of Meridian. ~. ~ ~~~ ~ ~ ~~~~~ ~ ~~ l ~ ~3 , ~ 3 U ,.; , e ADA OUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report C+~ Preliminary Plat -Cherry Lane Estates 4375 Cherry Lane 3-lots/rezone CCU Cherry Lane Estates is a 3-lot residential subdivision on 3.68-acres. The applicant is requesting annexation to the City of Meridian, a rezone from R-3 to R-2, and a conditional use approval for a density reduction. The 3.68-acre site is located approximately 1,300 feet east of Black Cat Road. This development is estimated to generate 20 additional (l0 existing) vehicle trips per day ~ based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Cherry Lane CCU :--~ ~~ ACHD Commission Date -May 5, 1999 - .12:00 p.m. 1 ~~---~ CC3 ~ ~ t ~ r ~~ ~. r-. ,~,~ ,,- ~ !, ~ 1 ~ t i ~ ' i t J CCU --' ' ,!;-.;; ~: ~' ~ "~ S Q ..~ ~'" ~Q r C~ '~ v 7 ~ - ~ ---~ --- : \ : ~_ `~;° ~ r ~ oa , ~. ' ~ per `'rfA ^) . ' '~ '_ o =. r~: .. . ~ ^ 1. .. . __~._.....r~.-- r_-.. ~w ta.roa t 1 '~ ~ +...,~ r4~ ~ srrr~~ •w ar ` r;r~ 1 R .. . ~ •f r4, 3 ,r ' e, ; ti ~: ~ ~~a I u, ' ~ ~ ! ,. _ _ 4 •Q r L~ ~ ! 4 ~r , I . .: i ~ ~~ I I r ro U ' i 'r G [~ { i ~- 1 f.' ~ ` ~ ! . ~ a ~ C 1 . _ i / ~ a ~~ = r l _ 8 ~ mn _ / ' '•:~ , ~ ~ ~ r ~ I ~ _ ~ j ! fp ~ ; ~ ~ i~ '' ~ ~ N ~ ~- t U 1 ) ~---- Z i.~% i 1. `/. •flr: Facts and Findings: C~.~ A. General Information CCU ~`-'~ Owner -Jeffrey Manship ^~ Applicant -same R-3 -Existing zoning R-2 -Requested zoning 1 3.66 -Acres 3 -Proposed lots 1 -Existing dwelling units ~~ 273 -Traffic Analysis Zone (TAZ) ~ West Ada -Impact Fee Benefit Zone r--~ Western Cities -Impact Fee Assessment District • C'herrv Lane Principal arterial ~ Traffic count 8,914 on 8/26/97 210-feet of frontage 90-feet existing right-of--way (45-feet from centerline) C~ No additional right-of--way required Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk abutting the "' site. Cherry Lane was rebuilt in 1996. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. The applicant is proposing to constnict a 30-foot curb return driveway on Cherry Lane located 4~ adjacent to the western property line. The driveway is proposed to serve the southern two ~ proposed lots. Golfview Drive is located approximately 150-feet to the east and the site's -~ existing driveway is also located approximately 150-feet to the east on the south side of the ''T ~ road. District policy requires that driveways on Cherry Lane align of offset 220-feet from Golfview Drive on the north side of the road, and are separated 150-feet from all existing driveways. The site's existing driveway does not meet District policy. 1 Staff recommends a variance for the site's proposed driveway because: ~ a. There is no way to combine the driveways while adequately serving the existing ~ building and the southern two lots ~""~ b. 'The site has insufficient frontage to offset a driveway from Golfview Drive to the north. Z~ c. The driveway will be a low volume driveway, approximately 20 vehicle trips per day. CHERYEST.CMM Page 2 • ' The applicant should be required to constrict the driveway as a 24-foot (minimum) wide curb return driveway with 15-foot curb radii and paved back a minimum of 30-feet from Cherry ~~ Lane. CCU D. The site has an existing driveway on Cherry Lane locate 10-feet west of the east property line and aligns with Golfview Drive on the north side of the road. The driveway serves the existing single family dwelling on the site. There is an existing driveway on Cherry Lane located approximately 25-feet east of the site's existing driveway, that driveway also serves a single ~ family dwelling. District policy requires that driveways on Cherry Lane align of offset 220-feet from Golfview Drive on the north side of the road, and are separated 150-feet from all existing driveways. The site's existing driveway does not meet District policy. -~-~ Staff recommends a variance for the site's existing driveway because: a. It is a low volume driveway. ~~ b. It aligns with a public road to the north. 1 c. There is no where to relocate the driveway and adequately serve the garage. The applicant should be required to reconstruct the driveway as a 16 to 20-foot wide curb return ~~ driveway with 15-foot curb radii and pave the driveway a minimum of 20-feet beyond the edge ~ of pavement of Cherry Lane. :-~ ~~-~+ E. District policy states.that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcels to the south, east and west to use this parcel for access to the public streets prior to issuance of a ~ building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcels to the south, east and west if they are the subject of a future development application. d---~ ~ F. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. ~ H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. ~,~ The following Site Specific Requirements and Standard Requirements must be met or provided tt~ for prior to ACHD approval of the final plat: .--~ , ~ Site Specific Requirements: CHERYEST.CMM Page 3 . ~ l n ~- 1. Constnict a -foo curb return driveway with 15-foot curb radii on Cherry Lane located adjacent to the western property line. Pave the driveway a minimum of,?~ feet beyond the 4~ ~ edge of pavement of Cherry Lane. ~v CCU _ 2. The existing driveway location on Cherry Lane located 10-feet west of the east property line,. which aligns with Golfview Drive on the north side of the road is approved with this application. Reconstruct the driveway as a 16 to 20-foot wide curb return driveway with 1 ~- foot curb radii and pave the driveway a minimum of 20-feet beyond the edge of pavement of ~ Cherry Lane. 3. Provide a recorded cross access easement for the parcels to the` south, east and west to use this C~ parcel for access to the public streets -prior to final plat approval. C~ 4. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may "~ be required upon review of a future application for this site. ~~ 5. As required by District policy, restrictions on the width, number and locations of drive~vavs, ' shall be placed on future development of this parcel. y 6. Other than `the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as regtired with this application, ~~ shall be stated on the final plat. ~. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The recrec s al specifically id nti ea-~h-rg4~irement to he reconsidered nd in 1 ode a ~x~ritten e~nlanation ~ of why such a requirement would r salt ;n a substantial liardshi o i ~ _ p r ~ne$1 i~t~~ The written request shall he snbmi t d o h Distri no la er than 9 00 a ni on h~~ay scheduled for ACRD Commissinn ant;nn Those items shall be rescheduled for discussion with the ~,~ Commission on the next available meeting agenda. C~ Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the d---~ action and shall include a minimum fee of ~ 110.00. T_ he request for reconsideration shall LH specifically id .n ify each rP ~IIT'emPnf to }~a ran.~nai.ao .-1 ,a • 1. .a • '-'-~ ~«< <~ ••~ ~~~~ ~^.~. re an ~ iii%i i ~~ wri .n doc imentatinn of CCU data that was not availabl o h ommission at the .time of it original decision. The request ~"`~ for reconsideration will be he~~i•d by the District Commission at the next regular meeting c,f the ~~ Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. CHERYEST.CvIM 'Paee ' , ' • ` ~- CCj ~~ ~~ CC3 ,~ C. CCU :---~ 4-~ C~ ~---~ ~-~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction. shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction. Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised, during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the~proposed development. C~ CV -~ Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. CHERYEST.C~tM Pale ~