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HomeMy WebLinkAboutLakes at Cherry Lane No. 8 FP -t ....-~. ~ ~..,, r,N.. ^, "HUB OF TREASURE UA'LLEY "'"'"'~' Mayor `r ROBERT D. CORRIE A Good Place to Live Ci C i CITY OF MERIDIAN ty ounc l Members CHARLES RoUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your .comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November19. 1999 TRANSMITTAL DATE: October 4. 1999 HEARING DATE: December 7. 1999 FILE NUMBER: FP-99-031 REQUEST: FINAL PLAT FOR 4.90 ACRES ZONED R-4 FOR THE LAKES AT CHERRY LANE NO.8-SECTION 3 NORTH OF USTICK ROAD BY: STEINER DEVELOPMENT. LOCATION OF PROPERTY OR PROJECT: SECTION 3 NORTHOF USTICK ROAD TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 _ SANITARY SERVICE 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) YOUR CONCISE REMARKS: R k,T ~. ~ ' S ~ 1 ~L~~ ~ (~ rrN~ ~ ~~~' ~~~il2ooo ** TX CONFIRMATIOvI'-REPORT ** DATE TIME TOiFROM 03 12121 12 02 12083452950 Phone: 888-n~3 Fax:888~4218 Fau AS OF DEC 21 '99 ~5 PAGE.01 CITY OF MERIDIAN s MODE MINiSEC PGS CMD# STATUS EC--S 02'54" 609 044 OK City of Meridian F~ .~~-2a~o ~ -~-12~I~~i Phone: 3~-' ~'(OO Pages: R®. 1 Y i P. L~I.N-e S Ciyl$4'f''l f LG.f'1~.CC ~g ~ V~ge11t ^ Por Revie~nr ^ Plsas® Co.m~rk O Plwse Reply ^ P[exse Reeyclo -Comme~rts: ~~~~ e0( is lnm,~ ac~P~" ~ ~w~~~`5 ~'~ CD ~c~( Y~e.e~h . ~~~5~ G~i,Gt a ~ ou I~av~ ctnvJ ~-u e5~hv~S . ~~~ 5~`~'~, N _ 300 0 300 600 Feet ~'~: PROCOHSSUBpN SI ON MERIDIAN CITY RAN LIMITS BOUNDARY --- Lateral ------------- PRRY ~E NO g SUgp. w CHER W MOON LAKE ST W MOON LAKE S BLK 2 i 57 R 4 W TETER ST 2 W.TETER ST. 1, ~i~ ~( ~p,NE 3 " ~~'~, CHER COURSE BLK ze ~ E O• ro~R~ GOLF 4 ~ a2 E Sv DI S10 ~~~F'f(y W. HARBOR POINT DR. W HARBOR POINT DR 9Y - ~ 21 20 3 Y4 ~ BL BLK 1 2 W TAIAMORE BLVD '~ ~O 9q ~ E 2 ~ AS B 1 Gyp E Y1 ~NKER <H HpQ-DD~~ CHE E ~~ GO F CO R E ~ ~~ ~ ~~° ~ ~,N ~~"~ w ~PJ wao'` ~,~q'T BRIGGS ENGINEERING, INC. 300' SCALE REVISION IN THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION BRIGGS PORTION OF THE NW 1/4 OF SECTION 3, T.3N., R.1W., B.M., INO. MERIDIAN, ADA COUNTY, IDAHO SHEET (208) 344-9700 1 OF 1 1800 W. OVERLAND ROAD 'DESIGN DRAFT SCALE DATE DWG. NQ_ BOISE, IDAHO 83705 BKB 1" = 300' 10/15/99 991001 \LAKEB.APR ~ SU~,iVIS16N EVALUATION ~EET Proposed Development Name THE LAKE AT CHERRY LANE N0.8 City Meridian Date Reviewed 09/24/98 Preliminary Stage XXX Final Engineer/Developer Pacific Land Surveyors / Steiner --- The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat "W. USTICK ROAD" "N. BLACK CAT ROAD" "W. TALAMORE BLVD." "W. HARBOR POINT DRIVE" ITE C "W. TETER STREET" The above street name comments have been read and approved by the tonowmg agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENC~jREPRESENTATIVES OR DESIGNEES /1 / / Ada County Engineer John Priester ~t ~ ~ :-J Date ~~~ ~~~ Ada Planning Assoc. Ann. Hurley Date ~, ~ a '~ 1 Date ~" 2-mil - ~~~ City of Meridian Representative - 're District Meridian Re resentative Date ` Zs ~~ Fi P NOTE: A copy ofthis evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !1!!~ Sub Index Street Index 3N 1 W 3 Section. NUMBERING OF LOTS AND BLOCKS lJ~'' ~ " ~ ~P :~ - -~ n ° ~ ~~-~' ''~ TR\SUBS\SM_CITY.FRM 1 ~l- Z,~," c~' _ ~~~~~,~~ KL~"UEST FOR SUBDIVISION APPRO~L -•~ ~'4 FINAL PLAT g,E~=~~D OCT 2 5 199 q` CI ~~`~:' ~~' ~YSE~IDIAN PT ANT TG_& ZONING ' PLANNII\Tr-~Nn-ZONING COMMISSION -' ~4, ~` . TIME TABLE FOR SLJBMISSION~ .~ ~~ A request for preliminary ply . _ ; r t, ~ ~ ~~ ~ t -, ~ T ~ ~ on no ~ later than three days following the reg El ~ a~ . ~~ , mission. - 6 l ~ ~~ ~ ~ I. The Planning and Zoning C~~~ ~ ~~• _ :1J~ ~ ~ ~•~-~-~~ ~ ` . , y meeting - following the month that then - _a t ~ ~~ ~ ; l S~~ ~ ~.~~,~ ~ - After a proposal enters the ~ f ~. ~ . ~ ~~~ t ~ mthly meetings provided the necessary prof .~_~ ~~;s~ . C~j~J ~~' -- ka _ ;~ ~ 5:00 P.M., Thursday following the Pla r ~ ~ ~ ~ , t , r~r~" ~ ° \ ,, GENERAL INFORMATION I ~ ~ FYI ~~ 1. Name of Annexation and Subdivision:. The Lakes at Cherrv Lane-No. 8 2. General Location: NW '/4; Section 3, T.3N., Rl W. 3. Owners of record: Steiner Development, Inc. Address: 554 E. Bellevue Rd., Suite B, Atwater, CA ,Zip 95301 Telephone 884=2076 4. ~ Applicant: Steiner Development, Inc. dress: 554 E. Bellevue Rd., Suite B, Atwater, CA ,Zip 95301 Telephone 884-2076 5. Engineer, Construction Plans: P.L.S. Firm Briggs Engineering, Inc. Address, .1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City~billings -Name: Steiner Development, Inc. Address: 554 E. Bellevue Rd., Suite B, Atwater, CA ,Zip 95301 Telephone 884-2076 PRELIMINARY PLAT CHECKLIST: Subdivision Features , ,_ . , 1. Acres: ~ 4.90 2. Number of building lots: 13 3. Number of other lots: 2 Common 4. Gross density per acre: 3.06 5. Net density per acre: 2.96 6. Zoning Classification(s): R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. `Does. the plat border a potential green belt? No (Golf Course) 9. .Have recreational easements been provided for? No - 10. Are there proposed recreational amenities to the City? No Explain r 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 991001\Subappl-Mer (1) 12. What school(s) ser~the area? Meridian ~ do you propose any agreements for future school sites? No ,Explain Future school site is located to the east in Dakota Ride 13. Are there any other proposed amenities to the City? _ No ,Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single-Family 16. Proposed Development features: a. Minimum square footage of lot(s): 8000 SF b. Minimum square footage of structure(s): 1400 SF c. Are garages provided for? Yes Square footage: 400 SF d. Has landscaping been provided for: Yes .Describe Lot 1, Block 25 e. Will trees be provided for? Yes ,Will trees be maintained ?Yes f. Are sprinkler systems provided for? Yes g. Are there multiple units ? No .Type: N/A Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Garages & Driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes ,Date: 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4: Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 991001 \Subappl-Mer (2) p~ L J C~ ~~ ~ O ~ ~ ~' D ~] ~J ((D~n Vl ~.J./ V 1 0 •~ ~y e~ oC ~ N ~ ° k ~S O ~ ~~ N '~ ~ DN p~ ^ n~ ~v C~ O N O~ D N ~ ,, ti9 ~~ off, ~~ ti~ o~ 6122 SF N 0.141 AC. -~ o W w ~ co ,~ W DN n ~ ~ r N ~ o0 O rn~ N (7 N ~ D (~ ~ -~ O , N ~p cJi~ ~ N DN C7 ~ O N O ~' ~ N cn O0 O D ' C ) ~ ~~ ~ BLOCK 26 O -' O N p~ O N N ~ ~ -~ ~ C~ CJ~ "~ ~ ~ N. WHITE OAK AVE. o; O~ N ~ w ( ON N ~N W rn n~ DN n~ BLOCK 3 O O N O (~ ~W N DN C7 ~ O ~ ~V Oo D (n (7 TI fTl -{ O ~ ~ f~l ~J ~ ~ N O N ~ ~ J C7 ;-~ ~ N . ~' ~ Shra RO G Re F ` l gyp. L>N 1g70f8., NS Np e s.1.. fry .~; ti w 2 ~. ~ W~ ~ .N N ~ ~ TS ~. ~ t ~~pp ~: ~~/ ~ ~e• N 0/ '~~N .U ~tTW ~ r/~JN ~ ~ a 1L.V j ~~ y S Bt ~3~~. >> .~ t C O I r ` 0~* \ ~ ~p ' iA <,o R e <,y T e el~ ~4 ~ ~ O m m y rr \ OS ------NC -_-iP-__ NC 2 0 oz rn ~ d w< a °o t~ =s o .d M r ~ ~° D= ~~ ~ m ~^ Nt-= r mm O - o~~-+ O ~` N}m X m ~ A C H ~`O,f ~°l~ o m f- N A `m Z { •E uN-m m.,.,u:GG~m maoUx~aex~~x~A £F£$mmn mm mEmm° $omr.~ m ~ a ~ mN n 4• 4 Y,' vF Wf JL a~~~ -- CENTERLINE pCNT NH£ LATERAL RICNT-OF-WAY = $8 ~ I ,_,_ _ ~ (PER NcCAR1Eq AHD NLLER 9URVE1~ m 2'19" E u ~_` .~ ~ F I e.TD f N 00'30'0 6_ E 154.08' , 1 • al { N w _ _ n I 84.9 59.09 LTO 1 ~ p6•' (' 185. ° BLOCK m26 m ~lio.e7• )pZ c r I sD•ofi° a 66 80 m~ m e o Sa•e 1 e e ~ Z a "~ f . N ~ r I W u N 4~ w• 1` p y a'~~, up 4T= ~ , r m D ~~Ic No N N q}0 Op E ~ O ~ e $ l>> £ £ OLD m ~ m` nl T0.90' B0.00~ L9 ~C~ ,S~M u ~ O m r ~ m ~ n ml X 135.58' N OD'30'09' E 202.97 ~ BLS ` ~a r'e~ N m ~._~__~_ O 'TI m L obi ~ .'(1 N ^r N. •WHIlE OAK AVE. 4 NT ~+PI ~ ~ -Z~1 ~I0 ~' 's ' ^ n N~ 80.00 z 77.97' ~ °~ O C ` ., O Do D D6 E 144.33' flu N m ~ ~g I o v ' m u °-~ W~ b ~ ~ N ~ ~.:_ ~, ~m.e~ U ~ ~ ~ ' {/I m rg ~Am 13},54' ° BLOCK 3 °~ Ni o L2 LI N 99.50' £ 119 I5' ~ L4 LS ~ 100 41'T` V: 505 51' ~' yg I m z z " _ ~ . S 0030'18" W 553.07' f N rn s ~ . DD•3o'le' w'r ~ ~m z ' ` '^'^ I~$ ~£ ~ m tiu Ua aim "'~ " m 1 u ' J ` I[ 4 k y { n m 5 00'27 29"W q\/~._____ f 1365.57' °~ Ln THE-LAKE AT CHERRY 3z LANE NO. 4 SUBDIVISION 8m mm.i m a ~. `.v o m..wa ~ vv ~ mwo. ur+~~ m° 0 0 0°0 ~3 c~ 8m e~ a ~ i ~o_^°ti nm~n.mti u_°o_g o'-o.~ a ~_~ r SSo ~' a USo o8°'M~ atiN~ °oo°°0000088°°°0°°°08888°8880>m v°o~immmoa jOmu~o~g ~• •.4i°UN°~~~~ yn m m U o° U [n m° r.~ u m m o U~ m m o U N N° m .i v u m - ~~m~ou~Um meu.°.e ^-i Pa ro'O ±~.m~u~ .io°.,mminUmamU ~mo~N~>~o,o~. ~,uu~„~. m., .. o~~_m~"8~ 'S$o so _ _ _ o&&a _ £ '^ '~ F F m m m m£ E "' F m F£££££^£ F F m m£ m£ m trl n n a ~ ~ ~ PRO,y, 7` $ m ~ r ,~ ~ ~ ~ J ° x ~'~P yo ~ i . . m n S ao ta~ p T1 N N l7 O • • 0 ~N~~m~~~a°~~K CCC m rx.. . .3' ~ ~ ~ 1'1 R o S>_S~ E 3 0- E, E ~ E ~ s 3 ~ - _ ~' ~, n^ a a a s n n x v ~ p m ~ i-ri n N v = F-1y 1 N ~ z ~ ~ ~ '^ a : r ~ off ~ ~ co Z m \ Z o ~~> ~ o • m _ n O ~ ~y Z w o W Vl ~_ r_Cn~ Vl - O m °C~ ;~c ~O ~ m crc -oyom~ ` °i~ iPm c an zN ~~~ ~ ~mm ;°F i°5i m~~ ~~~ >o`"mm`^ ~F6 ~c~~~?~ A~mm ~xo ~ _ 0 6 m~ ~m> '~^ ~Sg'oo°- Ac °"'° .S°:>g'~ mR >~ Dos qmm 7mm Amy s os"'"' - N_ -m<, Sm ~ mi --gF ~ - ~~~ k~~~i 54 ~ om°zon~ ° ~N N~m °NN S`o '6 mp$ ~~~ ~°~~>~ '°o ~~x i woo>~ i~^~ ~y" F&~" ~`g~`~' iii g~ ' g m =_ ~~m ~~"°z~i °F. ~ ~o o >_ m~~mi ~_ ~ n N ~ ° ~ :: €m ~ > o~p >o a m~ oa g ~_~~ ~~ > pmA 1C T!~'1 ~nm ~ ~~L °r4 p~'~ O~m~DC~ 3~'~^ ~o g ~ °$~ Z~ ~n~ am `a9ty Sv Sm t~iF~~> s~ Ft ~' z~ m ~~ '~' ~ ~C ~N 'zoos ~m '"_ '~ ° A ~ ~ ~ - i;y _ • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: /6~ ~~~~ ~ ~~~~~~ L~~ N~ ` ~ ~~~ ENGINEER: ~/~~ ~~i~9~T': 0~~~ t~r~-s ~`~ ~CO~/57~. PS i PL 5 The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shalt include at least the following: (TEM DESCRIPTION 'r! Thirty (30) copies of written application for approval as stipulated by the Council Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) A statement_of conformance with the approved preliminary plat and meeting all requirements or conditions thereof A statement of conformance with all requirements / and provisions of this Ordinance ~5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards (~ 6 ~ Street name.approval letter from Ada County Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements '~ Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers only COMMENTS i,~~ ~ ~~.+.d~ ~T~ ~ ~ ;i~ od ~/ s FINAL SUBDIVISION 'PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed `seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - ~_ Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, 'City Engineer, Planning & zoning Commission, or City Council Page 2 ~l~ h / ~J /G / /~~ ./ v/~ O ~/ Q 1~ 0~ Old '~ D/~ ~. v l~ ,i Q~ D ~~ /~ / ~~ 6~ ~S/ /_ ~~ ~ fl ~Q ~ 0~ ~~A~ ... '' a FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Plannin & Zonin Administrator Ga D. Smith P.E. Ci En ineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: .~• SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) ~2~GROUND WATER REPORT - - ATTACHED TO PLANS ~/ 3 . DEVELOPMENT AGREEMENT (IF AVAILABLE) OI~~f~'/~ ~~ ' I 4 . CC & R' s (IF AVAILABLE) Q/tJ ~'I L~ ~ ~ ( ~ LETTER ~ OF` • BRIGGS ENGINEERING; Inc. 1800 West Overland Road Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO:_(208) 345-2950 TO TRANSMITTAL DATE 1 'ZZ'C'1~ ID NO.~~ JOB NAME ~ b JOB ADDRESS qTY, STATE WE ARE SENDING YOU ^ SHOP DRAWINGS ^ ENCLOSED ^ CHANGE ORDER ^ COPY OF LET7FR ^ UNDER SEPARATE COVER VIA ^ WE ARE RETURNING ^ PLANS ^ ORIGINALS ^ FEDERAL EXPRESS F/NAL PLA T SPEC/F/CA TI'ONS '~ COURIER ^ COMPUTER D/SK ^ OTHER ^ COPIES DATED ID NO. DESCRIPTION ~ ' l / F5 ~ ~ 1 r i~ r ~~ ~~ ~ ~ 2 a 50 • - THESE ARE TRANSMITTED AS CHECKED BELOW FAR APPRb~AL ^ APPR01~0 AS S7/BM/T1ID ^ ^ FAR )'CX/R /NFARA/AAGW ^ APRROVID AS NOTED ^ ^ AS REGY/ES1ID ^ RETURNED FOIR CGIRRECAGYVS ^ ^ FGW RENEW AND COII/MENT ^ PR/l,E ^ FAR B/OS DUE REMARKS RESUBMIT CGl°/ES FOY~ APPROVAL 57/BMIT Ca°/ES FOR D/S7R/BUIIOW RETURN CORRECIEU PR/N73' COPY TO SIGNED ~~ ~~~ .. .. • -. ~: ~ v. a .. i : E b .. - u ~' ~ .~c ..cee ~ ~~1~1~~7f15"trl~ _ h~1 ~f'• ~=~ri~S~,G° . ' .` '. .i.4Dc:.~~ ci.irAn~~ 601SE i~ '~ WA1tRA~NTY DEED AaST ~ME~-N r'cLE DO. . got Vsjlesa Reoei+ed >rnsbaad aad '"~ V t - , Js~M`W.F1480'iaadLdsl.t''dkt. EtECVKJtt : , Inc i~u:~cSj OF Itesesoaftrs rcfrrtca eo as Crtjt-tor. does beteb~ ~rast. b:t~n. se4 ~ C°°"~Y m~to ' Dais 1. Sttscr, : tsari+cd rasa s~'hic sole ssd'sap~rste Y ~eteiasdtes tefr~rtd io ss' C~sares, ts~o~e eurtcat address is - SS4 isot Bslle~rt~ Raed, Suite.-.+$ ' ` •t~ater. ~ CA 45301 w ~ ' the fallo+rir~t desc~ed premises. rn-~ _ ~ - _ ' . ' - :~,;. SEE QQiIEI?•, "A• At?ACttEA.,it>~Z'O AND MADE A P/1>tT HEREOF. e • •- Te"H/-VF /lNil TA HAi.D Ise slid j+tEmiies, frith tshr t~ertt.>R~s notn r>se sad c'rrM+trc-, M~ ~fi ~' ~f-M to and ~ ores saie4 f etl~ntt~r, that CiruMM it ~' utel ncittra ferttver. /lssd the ~d C,tantex eloeR ktretry ` rmsrrnt '` the rrrtret ro !ee :ffipk d,uod p~~~ tisar raid pr~i~x are Mre ftt}tn aA ~eetresl+t~*+erc r~''i't asd scse-ts~s~nt~t, fined e~ocept Lf.S. pstert t~taathtiereS t'e-cteic['u+~, e+t~~ntc err temrA, Wit'. eta taste, k~• .the isas, and ibaf (',t3stcrt >MtZI•s~strmt asid duet the v>*r* bere+ all ctairnc easatrtetetx Kss~ ~ ~' :& 'Dated:, April l~ 1997. Y a , •'./ w-: - -r el- F1r21~t - ,. .: IS , . L ~~ ' ftilZCr , Lois S .,,., ads»~, y _ ~ ,,~~+,~~E~Rf381 , _ ~pUdLtG ? S"fATE OF IDAHO _ ss. a ..._ ,~ ~ ~~~~r~~ ~•'•'~~ ,.._ _~. _. COUI~'1' OF /ids ) ~w,rtN ~~~~ i _. -- ~. .. slat:. s.,~or11r t'ohIic is aad fos slid p~ ~ ~ ~ dsY of /aril, is the vest 1947, beSo~e ~.' Notary soa s ~«- ~(:) aee ~ ;dcsciErd Lo me to be the per t ) a and lasses w. fn1Su as3d Lois 7. pt~lter. kaae'a . ~~ tLc sobseiz~ed to the.ritb++r tstscresstes-t, assd "~sO e t\~y p~ eat Ida>Sc+ Residitst tt riatap Coasnnissirm ores- ~s/:yS.~1 ~> , ~' - " J n Title company o~ Idaho AmerLea ~~ c .~ e. !~ ,+ ~_~_ ENGINEERS /PLANNERS /SURVEYORS October 22, 1999 Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEI-Idaho@msn.com STATEMENT OF COMPLIANCE THE LAKES AT CHERRY LANE NO. 8 SUBDIVISION FINAL PLAT The proposed streets will be constructed to Ada County Highway District and City of Meridian standards. (Construction standards: 36 ft. street section from back of curbs to back of curb and 5 ft. sidewalks.) 2. The proposed development is in conformance with the City's Comprehensive Plan. This area is designated as single family residential on the Comprehensive Plan map. 3. The proposed development will connect to existing sewer and water facilities. 4. The proposed development complies with the standards and Dimensional Standards setforth in the Meridian City Ordinance. 5. The final plat reflects the existing easements for the Eight-Mile Lateral. 6. The proposed street names reflect previously approved names. 7. The final plat is in conformance with the approved preliminary plat and the conditions setforth by the City Council. 8. The final plat is in conformance with the acceptable engineering, architectural and surveying practices and local standards. Sincerely, BRIGGS ENGINEERING, I Becky L. Bowcutt Land Use Planner BLB:fc 991001 \Statement-Compliance-fmal ~%/ ~~~~ /~ 0 //,~-- / ti^ S . ASHaoR O c Ree ' vN T87o i .. 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Zm~ ~ ~ ~ ~ ~ A u O N L1J D_ n O p Z 0 w `s ~ d 'C V1 ~ o z I [~ is ~m o og 5s ., ~~ ~~ cz io 4 s~ ~s n ~ -. n> m~ ,F ~A m= ~~ o~ p= m~ ny C~ y ~~ g~ ~~ c~ 0~5 0 l z tiu Ud fA JY N y ~^ m ~' 4 4 of WF R~'~ A J F 'z C r ~mN• ~ Z a'^• ~ ~~z y m ti~~y `°'~ .° o ~ O ~ ~ ~ ^' d m r ~ z .N~ 0~ aa~A 0°1 n Um O ~' 0 ~~lo 0 A I m °r°e.ea m ~'°~m bb g 1'~ U: 505.51' ~ ~ e i N 1.1 5 0070'1 B' W I' i' : "a w8 if kIm .N a;~ jk F _ IF 4 I S 002749"W ~J \~_____ ' iass.s7 m I 30 O SZ O • • 0 ~ o>AS'~~g atim~m~~^u ~~'o g~ E m" - F ~ 3 0 T F, F, ~' E _ ~ 3 ~ THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION { I • ~SSGIATED EARTH SCIENC NC. ' B~CL~i3 EOLOGY~ • ENGINEERING • SOIL SURVEYS • SOD WATER pUAUTY • RESOURCE PLANNING ANO SITE INVESTIGATIONS 4696 Overland Rd., Suite 516 Boise, Idaho 8370.5 ~208~ ~g~t October 31, 1997 Keith Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, ID 83704 RECEIVED ~~NOV 0 5 1997 PLS Dear Keith: This report pertains to soil physical properties and internal soil drainage conditions found on the Wilkins property located in the NENVV of Section 3, T3N, R1W, BM, Ada County. Test holes were examined at five locations where retention ponds may be placed. Field notes for the test holes and a plat map showing the approximate location of each are attached. Test hole No. 1 ('I'HI) representing the area for a retention pond just south of the farmstead, currently has free water (water table) at an 80" depth, is saturated to within 70" of the ground surface, and was very moist below 52". It appears that during the peak of the irrigation season, the water table would rise, to within 52" of the ground surface. Test holes No. 2, 3, and 4 (TH2-4) are located along the drain ditch that crosses the property. Free water (water table) currently ranged from 67" to 82" below the ground surface in the three pits, they weie saturated below depths of 48", 66" and 37", respectively. Mottled and gleyed colors below depths of 11", 16" and 18" indicate very high water tables during the peak irrigation season. Test hole No. 5 (THS) located adjacent to 8-mile lateral, currently has free water (water table) at 113", is saturated below 110", and is very moist below 80". Fluctuating water table appears to rise to about 80" in the area represented by this test hole. The non-fractured strongly cemented hardpan (35-80" depth) could perch water above it, if over irrigation occurs. If you have questions about this report, or if I can be of further assistance, please call me at (208) 336-8661, office; or (208) 375-7565, home. Sincerely, Glen H. Logan Certified professional Soil Scientist -~ • AES ~,, .Soil Evaluation ~~ ~~ Evaluation Date 10/28/97 -Regtiested by -Keith Jacobs for Wilkins Property Phone (2081 378-6385 Address -290 N. ,.Mat~le Grove Rd .~w :,;,City Boise State -Idaho Zip Code .83704 ----- . _ _ h ., m ----- - - „Lot Size Bedrooms Parcel See attached x~lat r ~ • ~ __ Legal Description Partof NENW of Section 3 ~ T3N R1W BM Ada County .. .. ^ Slope 0-2% Evaluated By _ G1en..H..Locran, CPSS •Pit THl Pit TH2 Pit TH3~ 0-15" ~ ~ Silt loam (259a C), 0-11" Silty clay loam (30% 0-16""` Silty clay loam (3090 •lOYR 3/4, common ~ ~ . C), lOYR 3/4, many t C), lOYR 3/3, many fine roots... , fine and common fine and common medium and coarse medium and coarse 15-24" Sandy loam (159a C), roots. roots. lOYR 5/8;~ few fine roots:' 11-35". Silt loam (20% C), • 16-48" Silt loam (2090 C) '' " lOYR 3/4 matrix, ~ , 2.SY 4/4 matrix, 24-52 Weakly cemented SYR 5/8 mottles, few. SYR S/8 mottles, pan, fractured, .few fine and medium common fine and " fine roots. roots. few medium and coarse roots. 52-72 Loamy coarse sand ' 35-48" Extr'ealely gravelly (<59o C), 10 YR 4/3, silty clay loam (30% 48-66" Silt loam (209 C), no roots. C), lOYR 4/4 matrix, 101'R 4/4 matrix, SYR 5/8 mottles, no SYR Sib mottles, no :~;. 72-77" Weakly cemented roots. _ roots. pan, lOYR 4/3, very compact, no roots. 48-84" Extremely gravelly 66-96" Very gravel!v loamy " loamy medium sand ~ coarse sand (S~o C), 77-91 Very gravelly loamy (<59a C), variegated variegated color, ~- # ` medium sand (59a C), = color, mottled and mottled and gleyed, loose, variegated ~ gleyed, no roots. no roots. . color, no roots. , TH1=- 80" to free water`(watertable), saturated below 70", very-moist below 52". Fluctuating.water table appears to rise withi " of the ground surface during the peak irrigation season. 2'= 67" to free water (water table), saturated below 48"; field capacity below 35". Fluctuatiti~ Ovate table appears to ris within 11" of the ground surface during the peak of irrigation season. TH3 --82" to free water (water table), saturated' below 66", very moist below 16". Fluctuating water table appears ra=ise withi. 16" of the ground surface during the peak of irrigation season. AES • - Soil Evaluation -<Requested by Keith Jacobs for Wilkins Pro ert ,. Address 290 N. Ma le Grove Rd. ' -City Boise State Idaho. ~ ~ Lot Size ----- Bedrooms ----_ Legal Description .Part of NENW of Section 3 T31 ~S1 " Zip Code 83704 .. Parcel See attached plat ope -0-2o Evaluated B -~ Y Glen H. Locran CPSS Pit TH4 Pit THS 0-18" Silt loam (20~ C) lOYR 3/3 0-12" Silt loam (20~ C), , ~y fine and common medium lOYR 3/4, many fine and coarse roots. roots. 18-36" Silt loam (25% C) 12-35" Silty clay loam (30~ , 2.SY 4/4 matrix SYR C), lOYR 4/4, very , 5/8 mottles, common w~Y cemented, few fine roots fine and few medium . roots. 35-80" Strongly cemented 36-48" Gravelly silt loam hardpan, non (25 ~ C), 2.SY 4/4 fractured, no roots. matrix, SYR 5/8 mottles, few fine 80-98" Sandy loam (15% C), roots. 7.SYR 4/4, no roots. 48-67" Very gravelly sandy 98-120" Very gravelly loamy clay loam (25% C) coarse sand (5~ C), , 7.SYR 4/4, no roots variegated color, no . roots. 67-96" Very gravelly coarse sand (0% C), variegated color, mottled and gleyed, no roots. IO lIItO: r ~ - 82" to free water (water table), saturated below 36", moist below 18". Fluctuating water table appears to rise withir. of the ground surface during the peak irrigation season. ' - 113" to free water (water table), saturated below 110". Fluctuating water table ap ears to rise w' ice during the peak of irrigation season. P ithin 80" of the grounc i k ~~ Evaluation Date 10 /2g /97 Phone _(2081 378-6385 • e"~iNeea,"~_ _ :BRIGGS ENGINEERING, INC. FIRST SECURITY BANK OF IDAHO BRIGGS 1800 WEST-OVERLAND ROAD BOISE, IDAHO 83730 BOISE, IDAHO 83705 92-6/1241 r N c {208) 344-9700 - DATE 10/22/99 THE SUM OF ONE HUNDRED`FIFTY DOLLARS 00/100 ONLY PAY TO THE CITY OF MERIDIAN ORDER ~ 289~s~o~ AMOUNT $150.00 ~`~) I 1 OF ~ i ~ ~ II'0 2890 71I' ~' . i 24 i00064~.003 000 i0 I i011 ~ TNIS DOCUMENT CONTgINS A COLORED BACKGROU D ON WHITE PAPER. MICROPRINT IS LOCATED BELOW THIS W ARNING BAND. TO VERIFY THE ARTIFICIAL WATERMARK ON THE BACK -MOLD AT AN ANGLE. 1.p.. ...... .. .... 5 .. ~i i1 /'' i -~ ~: i ~. ~_ f~ ~- i _ _~ <:~-: ~ / Z Q >' N `~ ~ L O C9 ~ _ W LL O F- c o0 ~ ` °~ o -D } r` _ •~ ~ ` ( 2 _ _ U I ~_ `_; ~ J ~ X Q i Q H `~ ~ E- O ai o ;1 c O w c - L d w N \: ` p g a L_ ~ F- U ~~ ~. a ~ ~ f C Z ~ ~ ^ d C ti ` o `J ~ c E ~ A e U ~ v f N ~ 1 ~ ~ ~ ~ O rA O > ~ ~ .0 d ~ m - ~ _ ,' i .. W ` G ~. C ~ M ~ - Q7 ¢~ z ~ ~ E r In ~ V I O O ~ ~ ~ -' O cn ~ C ~' CJ ~ 'D -' ~; - I 4 ~ O J O Z Q ' -~! 3 Z~ i V71 ~~/ I h~ ~~ c Z ~/% C C~ G a ~, ,.. ~. ~ ~ ~ ... CENTRAL =_~ ti ; ~~ '"` 6 .S •~, DISTRICT ~P11'HEAETH e 'DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE, ID 83704-0825 • (208) 375-5211 ••FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of'our environment. 4 x, a Vie. ~~~~ a 00-0359..., . ~+ ` r MAY 1 8 2000- May 15; Y2000 . • ~ s o - w CITY OF MERIDIAN 'David Navarro e ~ Ada County Recorder 650-Main Street - ~ - - .Boise, ID 83702 +RE~ The Lakes Af Cherry Lane #8 E r g ,. Dear Mr. Navarro: ,. w>. Central District Health Department, Environmental Health Division,'has reviewed and does approve the final plat on this subdivision for central" water and central sewer facilities. Final approval was given on May 15, 2000 ~ ~`~ ` - No lot size may be`reduced without prior approval of the HealthiDepartment authority. If you have any questions, please call. » i • 'Sincerely, `~Ic~GS s5`~ `° ,.. ~' Michael H: Reno• - '; Senior Environmental Health Specialist .` ~ ~ .. ' f• cc: Department of Housing'and Urban Development Steiner Development, LLC Briggs Engineering, Inc. • - City of Meridian r~ , .MR:js -,:.. - .. r ~ « : i x ~, . :.,a r Serving Palley, Elmore, Boise, and Ada Counties Ada /Boise County Office ' Ada-WIC Satellite Office Elmore County Office Volley County Office 707 N. Armsr'ong PL 1606 Robert St. 520 E. 8th Street N. 703 N. 1 st Street Boise. t0 83704 Boise, ~ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 _ Family Health: 587-4407 Ph. 634-7194 immunizations: 327-7450 4 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: -327-7460 FAX: 587J521 ' W1C:327-7488 ~ " .. FAX: 327-8500 '° r -~ ti f~, Shelby. Ugarriza From: Steve Amold (stevea((~bbriggs-engineering.com] Sent: Wednesday, tJecember 13, 2000 4:02 PM To: Shelby Ugarriza (E-mail) Subject: Council Meeting Could you please place this item on your upcoming couch meeting. Doug" Cambelt was suppose to pick this up and drop it off at your office today. He was told that if he got it in today it would be on your next City Coucii hearing. 1 don't-think he'll show up in tiil7e so 1 wilt a-mail it instead. Thanks, Steve RE CEIVE ~ _ ,~ ~?FG 13 2000 Cl~`Y ~~ M~f~1D1igN ~ir~' ~'' ?~'"'~!~ n~~l~°^ l~r ` ' / PI.ANNER'~ / S~JR1/EYOI~'S December 13, 2000: Mayor and City Council 33 East Idaho Street Meridian, Id. 83642 Fj,ECEIVED DEC 1 32000 CITY OF MERIDIAN CITY CLERK OFFICE 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail briggs(~micron.net RE: Conditions of Approval for The Lakes at Cherry Lane No. 8 and No. 9, and the Final Plat application for Wilkins Village Dear Mayor and City Council The Lakes a# Cherry Lane No. 8 and No.9 were both approved with the condition to provide a perimeter fence around both of the subdivisions. The conditions in question for both subdivisions state: • Permanent perimeter fencing is to be installed prior to applying for building permits (stated in Site Specific Requirement No. 2 The Lakes at Cherry Lane No. 8, and Site Specific Requirement No. 3 The Lakes at Cherry Lane No. 9). These two subdivisions have ftontages on The Cherry Lane Golf Course. The applicant is requesting the requirement for perimeter fencing be deleted where the sites front the golf course. This is consistent with previous City approval (i.e., Ashford Greens and other phases of The Lakes at Cherry Lane). The applicant has submitted the final plat application for Wilkins Village for City review and approval. The applicant is also in the process of submitting a conditional use application for a temporary sales facility that will be located on Wilkins Village or the Lakes at Cherry Lane No. 9. The modular building is currently located on Wilkins Village. Planning and Zoning staff stated that the final plat application for Wilkins Village would not be processed until a conditional use application for the temporary sales facility is approved by the City Council. The process from submittal to approval for a conditional use application takes between 4 to 6 months. We are requesting that the final plat application is processed concurrently with the conditional use applica#ion so that the final plat will not be delayed for many months unnecessarily. Please place this item for discussion on your next available City Council meeting. Sincerely, Steve Arnold Project Manager/Land Use Planner ~~~ F ~ ~ - es - ~. .. .7. December 16, 1999 MERIDIAN CITY COUNCIL MEEfiNG:_ DECEMBER 2i, 1999 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 7 REQUEST• ORDER OF CONDITIONAL APPROVAL OF THE FINAL PLAT FOR THE LAKES AT CHERRY LANE N0.8 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED INFORMATION CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: CITY BUILDING 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: /'~ WI's OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r s January 3, 2000 Steiner Development, Inc. Attn: Doug Campbell 4085 W. Ustick Meridian, ID 83642 Dear Mr. Campbell, You will find enclosed a copy of the Order of Conditional Approval for the Final Plat at the Lakes at Cherry Lane No. 8. Please call if you have any questions. Thank you. Sincerely, Shelby Ugarriza City Clerk's Office seu enc. ~; WHITE, PETERSON, PRUSS; MORROW ~t GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F NICHOLS~ CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. MERIDIAN CITY CLERK 33 East Idaho Meridian, Idaho 83642 PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERRENCE R. WHITE'' 200 EAST CARLTON AVENUE. SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com December 17, 1999 Re: THE LAKES AT CHERRY LANE NO. 8 FP BY: STEINER DEVELOPMENT Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208)466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~~c~~~ ~p~ ~ a ~' 3~~.; CI~'~' 0~' i~IIIDIAi~ Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. I recommend this prepared ORDER be first submitted to the Council because I have not included Staff comment No. 11. Please serve, if this ORDER is approved, a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and City Attorney. Additionally, please note that I have omitted Staff comment number 11 in their Site Specific Requirements, as this parcel is included in the plat as the developer had not included the lot in either the preliminary or final plat application. If the Council wishes to include that parcel as a condition of approval, such a condition would be a natural change to the application which should be remanded to the Planning and Zoning Administrator. If you have any questions, please give me a call. cc: Mayor` Council Very truly yours, daCTi'~4i_7 ~'r i°.! )r+t ':Ire., n I `~NTI~1~I'~'~I~ -~ ~'=I ~~~~~~ }lc ,,~ -~.~~ ~V`m~-1r: Glgray, III ms~Z:\Work\Ivl\Meridian I i360M\Lakes at Cherry Lane 8\BergLtrFP :~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF STEINER ) DEVELOPMENT FOR APPROVAL ) OF FINAL PLAT FOR 4.90 ACRES ) ZONED R-4 FOR THE LADES AT ) CHERRY LANE NO. 8, ) MERIDIAN, IDAHO ) CASE NO. FP-99-031 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian on December 7, 1999, and the Council 'finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freclcleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing S General Comments and 11 Site Specific Comments, which comments are herein found fair and reasonable, and Shari Stiles, Planning and Zoning Administrator, having given her comments to the Council and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1 • The Final Plat of "THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION" as evidenced in Plat bearing the job reference 991001 ~LCL8-PLT. BI<.B ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE LADES AT CHERRY LANE NO. 8 -- Page 1 of 4 `~ r~ 10/15/99, stamped OCT 22 1999, Briggs Engineering, Inc., Consulting Engineers, and Steiner Development, Developer, and is Conditionally Approved subject to those conditions of Staff comments, with the exception Staff comment under Site Specific Requirements number 11 which is herein omitted, as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated November 26, 1999, listing 5 General Comments and 11 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE LADES AT CHERRY LANE NO. 8 -- Page 2 of 4 N • practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: l.l.l State of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.1.2 stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 7th day of December, 1999. BY~_ ~RbdLtL~~l1~ Qi~c~.~ ~ ~r BERT D. CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE LAKES AT CHERRY LANE NO. 8 -- Page 3 of 4 ' ~ ___ ~ ~~ - . ~ x.~ = ' Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department. j. ~' , :r t`+~+u+ n n r r r r rr~r~~ ~ ~~~ 7 \ • ~ Q~ ~F,F,:,~'/iii ~~ i~ Bye' ~~~ i Dated: ~G ~` 2~~ ~ ~ ~ ;`~ G~ o~PO~ ~%L~~',;. ~~o ity Clerlc ~ ~, S~~~L - = 9G O~ msg\Z:\Work\M\Meridian (5360MU.akes at Cherry Lane 8\FpFindings ~ ~ 0 -9~ /,,,, r .~ } OU `~ ~. N` Y . ~~~r+"trr,~ ~istti++++~~~ s Y ~ _ _. } G 6' 3 +, § i. x ~^ 0 a r ~! fi ._ f - ~ u e Y t ~ i ~ a ... v,k 'C..., .. ( w ORDER OF~CONDITIOIVAL APPROVAL OF FINAL PLAT a~ FOR THE LADES AT CHERRY'LANE NO. 8 -- Page 4 of 4 b \l.iyor NUB OF TRE.aSL'RE ~~;-1LLEY ROBERT D. CORR[E A Good Place to Live LEGAL DEP.-\RTMENT c~l c~~ll,~~l ~I h CIT~T OF 1~IERIDIAN ~t>~~ ~5v ~.~~~ • F~~ ,qq ,,ol ~ ~m ~rs PUBLIC \VORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEI' ~ ~'IERIDIAN, IDAHO 336=1_ (~OSI SS'-.2I t • Fax 537-I'_9' RON ANDERSON (20S) SSS--1.13 ~ • Fax (205) 3S7--1313 PLANNING AND ZONING I~E[TH BIRD Cite Clerk Fax (30S) SSS--1'_ ~C~7-T y-~-i ' DEP.4RTVfENT ~ ~ i V~1 (_OS) SS--55~_ Faz 3S7-I'?97 NOY 2 6 1999 MEMORANDUM: City of 1~IeridiaaNovember 26. 1999 City Clerk Office To: Mayor and City Council From: Bruce Freckleton, Assistant to City~E. n~eine Shari Stiles, P&Z Administrator Li~~ Re: Final Plat for THE LAKE AT CHERRY LANE N0.8 SUBDIVISION -13 Buildable Lots on 4.90 Acres in An R-4 Zone by Steiner Development, Inc. 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 With the exception of a lot being removed and proposed to remain as unplatted ground at this time, the final plat generally conforms to the approved preliminary plat. The applicant's preliminary plat included property that belongs to the City of Meridian as part of the Cherry Lane Golf Course. The lots within this subdivision are subject to the golf course development fee. GENERAL REQUIREMENTS 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, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. ?. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section ~-7-~ 17. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. Make any corrections necessary to conform to the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering, and street names. ~. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Friday, December 3, 1999. Submit three copies of the revised final plat map to the Public Works Department lalce(a~Charv [.ane8. fp.doc FP-99-031 . +'~ 1 Mayor and City Council November 26, 1999 Page 2 SITE SPECIFIC REQUIREMENTS 1. Applicant is to comply with all terms and conditions of the preliminary plat. 2. Submit detailed landscape and fencing plan for review and approval prior to signature an the final plat. Coordinate details with City staff. Permanent perimeter fencing is to be installed prior to applying for building permits. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. ~. Water service to this site will be via extensions of existing mains installed in adjacent developments. 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. 6. Install 100-watt, high-pressure sodium streetlights at locations desi~ated by the Public Works Department. Typical locations are at street intersections and/or fire hydrants. All streetlights shall be installed at subdivider's expense. A letter of credit or cash will be required for streetlights prior to signature on the final plat; streetlights are to be operable prior to applying for building permits. 7. Submit a plan approval letter to the Public Works Department From the entity having jurisdiction over design and construction of the pressurized irrigation system A letter of credit or cash will be required for these improvements prior to signature on the final plat. 7. All street signs, road base, streetlights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to applying for building permits. 8. Change the year of platting to "2000". 9. Delete Note 9. A development agreement was not required at the time of annexation of this property. 10. Include ablow-up detail, for clarification, of the east end of W. Teter Street. 11. ' Staffrecoirirnends~:that the lots be adjusted along N. White Oak Avenue so a buildable lot-can d rn ` ~°~' be platted for the area now shown as, unplatted. ~/ / _ i / - Lak~a Chemrtane8.fp.doc FP-99-031 ' ~ Meridian City Council ~ting .December 7, 1999 Page 69 , Bentley: Second. Corrie: A motion is made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion, Council? We were supposed to close this meeting at 10:30, but if you're all satisfied with where we are, then - Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move we instruct city attorney to prepare Findings of Facts and Conclusions of Law incorporating Staff comments and comments from staff as amended by discussions and negotiations with the developer as provided and submitted into evidence this evening with one specific change in our revised 12/6/99 recommendations from Planning and Zoning that Item 8C on Page 4 be amended and strike after the words "when the ACRD" strike the words "the City of Meridian, the developer and the residents of Green Hill Estates agree" and insert the word "determines" so the sentence will read: As and. when the ACRD determines it should become a secondary access (or a permanent access). I'm done. Bentley: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley to have the attorney draw up the Findings of Facts and Conclusions of Law with the testimony that was heard tonight and to make the corrections as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 14. ~FINAL~PLAT FOR THE =LAKES AT CHERRY LANE NO. _ 8 a BY STEINER DEVELOPMENT~NVV'/4,_SECTION 3,.T.3N.,.R.1Wf Corrie; Item No. 14, final plat for the Lakes at Cherry Lane No. 8 by Steiner Development, northwest quarter, section 3, T3N, R1W. Comments from Staff? Shari? *** End of Side 5 *''* Rountree: I don't know. We lost everybody. Meridian City Council ~ting December 7, 1999 Page 70 Bird: Let's go, Charlie. Rountree: Did we lose the Mayor again? Bird: The Mayor -you're the Mayor now for a couple of minutes. He (inaudible). Let's get-this thing going. Rountree: Shari, go ahead and start explaining the Cherry Lane final plat to us if you have any comments. Stiles: This is the property that is the final connection between the Lakes at Cherry Lane and Ashford Greens Subdivision. This is where the parking lot for the golf course's clubhouse is. This is where the clubhouse will be constructed. This was originally included as part of Ashford Greens, but the option was not picked up by Brighton, and Steiner did end up with this piece. The preliminary plat included this portion platted, and unfortunately, the preliminary plat also included about 20 feet in some cases of the City's golf course property. Maybe - I don't know if Mr. Gigray could expand on where we might be with any kind of a land transfer, but they have chosen to just leave this piece out at this time. We got the response from the applicant dated December 6th, and we had asked in our comments that they go ahead and put this in here now and they could have that as a lot, but that they said they didn't want to adjust these lots at this time and that they would come in at a later time if and when that land exchange occurs that they can, I guess, have -they'll either plat one lot or they'll do a re- subdivision to incorporate all the lots that might have some of the current city property in it. It's pretty straight forward. All the lots meet R-4 requirements, meet or exceed R-4 requirement°s. The Eight Mile lateral will be piped here, and it will be left open here where it goes through the golf course. Other than that, we recommend approval. I don't know if anybody's even here for the applicant. Rountree: Said she was leaving. Stiles: Oh. Okay. (Mayor Corrie returns to Council chambers) Rountree: Shari got us started, Mr. Mayor. Corrie: Okay. Rountree: Mr. Mayor, Shari's explaining this to us. I think she's kind of waiting for questions from us. Corrie: Okay. Any questions from Council? Meridian City Council~eting December 7, .1999 Page 71 Bird: I have none. Rountree: I have none. Corrie: All right. Hearing none, I'll entertain a motion then on the final plat for Item No. 14. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the final plat for 4.9 acres, R-4 for the Lakes at Cherry Lane No. 8 subject to Staff conditions. Rountree: Second. Corrie: Motion's made and seconded to approve the final plat at Cherry Lakes No. 8, Item No. 14 with the Staff comments. Any further discussion? Rountree: I have none. Bentley: f have none. Corrie: Okay. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 15. FINAL PLAT FOR DEE JAY SUBDIVISION BY J-U-B ENGINEERS -SOUTH STRATFORD AND EAST WATERTOWER LANE: Corrie: Item No.15 is a final -plat for Dee Jay Subdivision by J-U-B Engineers south of Stratford and east of Water Tower Lane. Stiles: Mr. Mayor and Council, Gary Lee left. This is pretty straight-forward project. They have a road coming through here that will stub into this 20-acre parcel where the Police Department's apparently taking 10 acres of this site. I would like to amend one of our site-specific requirements on Page 2, Site- Specific Requirement No. 2 to delete the last sentence of that paragraph that we won't require a letter of credit or cash. We wanted the detailed landscape plan just so we had that on record so that we could have a consistent treatment, landscape treatment on Stratford and didn't have to negotiate with each !ot owner as they came in. So we have agreed to delete that requirement. Other than that, it's real straight forward and we recommend approval. Corrie: Okay. Any other questions of Shari? .~ ;'r1r j'~~! yl)llslf"1'l), <i>t!Klls City Council Membcrs CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 fiJshf_ f.~-F'h2'ft.[I; V"r (y08j Zkk-24Xi • P'ax 2kk-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 19, 1999 TRANSMITTAL DATE: October 4, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: FP-99-031 REQUEST: FINAL PLAT FOR 4.90 ACRES ZONED R-4 FOR THE LAKES AT CHERRY LANE NO. 8-SECTION 3 NORTH OF USTICK ROAD BY: STEINER DEVELOPMENT. LOCATION OF PROPERTY OR PROJECT: SECTION 3 NORTHOF USTICK ROAD TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 ,. ~` F,~iT~ SEWER DEPARTMENT SANITARY SERVICE 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) YOUR CONCISE REMARKS: R,~C~D N O V 1 5 1999 CITY ®F NI~T~IDI~ .. ... ~ . ...._....., ...... .: iL~..L i~ ~N!XXj NvL;C `, </i ~ IVC ITY OF MERID`i~, N Meriden City w~~~ ,,.,~--.._.__ _ ...~._._.,_,~_...,..s..~.~~...~~__,_ ~, _ .. _, M_ ~.. ,r ~. a ' J ~r ~ ~ ~ g .~ MERIDIAN CITY COUNCIL MEETING: ~ DECEMBER 7 ';1999 €' APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: r REQUEST: FINAL PLAT FOR 4.90 ACRES ZONED R-4 FOR THE LAKES AT CHERRY LANE AGENCY ., COMMENTS CITY GLERK: SEE ATTACHED EVALUATION CITY ENGINEER: SEE ATTACHED ,~ CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: "NO PROBLEM" WRH FINAL PLAT CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED "' + x NAMPA MERIDIAN IRRIGATION: SEE ATTACHED SETTLERS IRRIGATION: IDAHO POWER: .~r. US WEST: I; /'~i ~1v (~~! ~ INTERMOUNTAIN GAS: ~' ° BUREAU OF RECLAMATION:. ~ -- OTHER: ~7.LQi ~~.~ld..~e ~ ~T/Yl/t-- ~l-C?PiK -~/I 1 - e _(~-- D6 w~' ` 1 r All Materials presented'at public meetings shall'bec~me properly of the"City of Meridian. $-~ SUBDIVISION EVALUATION ~EET ~ ~'CE ~~ ~ NED DEC 0 2 1999 Proposed Development Name Lakes CcD C~err~Lane File # FP-99-031 ~:¢., .,r A~-ridian City Clerk Office Date Reviewed 11/23/99 Preliminary Stage Final XX Engineer/Developer_Brig4s Engineering. Beckv Bowcutt s The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following street are existing and the names shall aoaear on the olat~ "W: HARBOR POINT DR." and "W. TETER ST." The alignment of "WHITE OAK AVE." is too far from the existing road with that name and also has significant interruptions and is therefore a duplication Please choose another name `The above street name comments have been read and approved by the following agency • ~=representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must _--be secured by the representative or his designee in order for the street names to be officially approved. :ADA COUNTY STREET NAME COMMITTiE~~#GENCY REPRESENTATIVES OR DESIGNEES _, Ada County Engineer John.Priest r Date // Z " :Community Planning Assoc. Sue Hansenf • - `, Date _City of Meridian Cheryl Sable Date << ZN `7 Meridian Fire District Representative ~, Date /off-- off- ~~1 ~/ -NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will-not be signed III! Sub Index .Street Index Section NUMBERING OF LOTS AND BLOCKS s2c ~b - z~' T y ~~/~~~~w~w~ TRI5UBSISM CITY.FRM HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Ci C i CITY OF MERIDIAN ty ounc l Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-42 ~C~~ 7~ DEPARTMENT ~ ~ J` ~' .G (208) 884-5533 • Faz 887-1297 NOV 2 6 1999 MEMORAN DUM: City of MeridianNovember 26, 1999 City Clerk Office To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ine P&Z Administrator Shari Stiles , L Re: Final Plat for THE LAKE AT CHERRY LANE NO.8 SUBDIVISION -13 Buildable Lots on 4.90 Acres in An R-4 Zone by Steiner Development, Inc. 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 With the exception of a lot being removed and proposed to remain as unplatted ground at this time, the final plat generally conforms to the approved preliminary plat. The applicant's preliminary plat included property that belongs to the City of Meridian as part of the Cherry Lane Golf Course. The lots within this subdivision are subject to the golf course development fee. GENERAL REQUIREMENTS 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, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems 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. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. Make any corrections necessary to conform to the Ada County Street Name Committee's final .approval letter for the subdivision name, lot and block numbering, and street names. 5. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Friday, December 3, 1999. Submit three copies of the revised final plat map to the Public Works Department I,ake@Chenylane8.fp.doc FP-99-031 Mayor and City Council November 26, 1999 Page 2 SITE SPECIFIC REQUIREMENTS i . Applicant is to comply with all terms and conditions of the preliminary plat. 2. Submit detailed landscape and fencing plan for review and approval prior to signature on the final plat. Coordinate details with City staff. Permanern perimeter fencing is to be installed prior to applying for building permits. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section i 1-9-606.B. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. 5. Water service to this site will be via extensions of existing mains installed in adjacent developments. 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. 6. Install 100-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Typical locations are at street intersections and/or fire hydrants. All streetlights shall be installed at subdivider's expense. A letter of credit or cash will be required for streetlights prior to signature on the final plat; streetlights are to be operable prior to applying for buildmg permits. ?. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system A letter of credit or dash will be required for these improvements prior to signature on the final plat. 7. All street signs, road base, streetlights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to applying for building permits. 8. Change the year of platting to "2000". 9. Delete Note 9. A development agreement was not required at the time of annexation of this property. 10. Include ablow-up detail, for clarification, of the east end of W. Teter Street. 11. Staff recommends that the lots be adjusted along N. White Oak Avenue so a buildable lot can be platted for the area now shown as unplatted. FP-99.031 Lake~Cherrylm~e8.fp.doc ~ Preparing /i C Todoy's O ~ Studentsror r Tomorrow's Chollenges. ~o : S`o ~ SUPERINTENDENT Christine H. Donnell C~ oint School District No. 2 J 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 R,~cE~D November 18, 1999 N O V 2 4 1999 CITY OF MERIDIAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: The Lakes at Cherry Lane No. 8 Elementary School , Chaparral Elementary School . .~ r _ _. ~.. ~- IVlicldle School: Meridian Middle School High School: Eagle High School 'Comments and/or Recommendations: Chaparral Elementary is over capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is also at capacity. We can predict that these homes, when completed, will house four (4) elementary aged children, three (3) middle school aged children; and four (4) senior high aged students. Sincerely, v' `q~ / Jim' Carberry; `' Administrator of Support Services . ~ ... ' BOARD OF TRUSTEES Diane Anderson • Rex Harrison • Wally Hedrick • Holly Houtburg • David Wynkoop A F. q ..~~,~. e ~ ,.~ - ., i , ~.. c. r _ .. + ~ CENTRALf °" CENTRAL DISTRICT HEALTH DEPAR MENT •~` DISTRICT ~ -~, ~ Environmental Health Division ~R'HEALTH- ~~ * {~ R~c'~'~D, Return Boise ` DEPARTMENT. ^ Eagle s k N 0 V 2 2 999 Rezone # g T ^ Garden City ti'. Conditional Us ~ r ~ V ~ ~" '~'' - ~ _.-_til ~ ,Meridian Preliminary .Final / hort-Plat ~f - ~7 } - ~ 3 ~ ^ ACZ ~, _ ~ 3 ~ , ~~' 0 I; ~ We have No Objections to this Proposalk -~ ^ `2. We recommend Denial of this Proposal. ` ^.~ 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. ' ~ ^ 5. . .k .= Before we can comment concerning individual sewage disposal,°we will; require more data concerning the-depth of: y F ^ high seasonal ground water ^ waste-flow characteristics A ~ r ^ or bedrock from original grade ^ other . ~ ~ .~ , ~ 4 ;y: ' ~ ^' '6. r ~~ This'office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or u w , ~ surface waters. .. ^ 7.' ~, This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and { w ~ ~ ~ ' water availability. ~ { ~ r, ,8. After written approval`from appropriate entities are submitted, we can approve this proposal for: central sewa e ^ i w ' g commun ty se age system ^ community water well ^ interim sewage central water s ^ individual sewage individual water 9.. The following plan(s)'mustbe submitted to and approved by the Idaho Department of Health.'& Welfare • , Divisio f Environmental Quality: ~entral se ~ wage ^ community sewage system ^ community water r ^ sewage dry lines central water , ,.~( , ~ I/11 10. ' T ~ ~ Run-off is not to create a mosquito breeding problem. "' ~ ^ ° I I. This Department would "recommend deferral until h gh seasonal~ground.water can be determined if other ' considerations indicate approval. ~ ~ 12. ^ i ~ '` `If restroom facilities are to be installed, then.a sewage system MUST be installed'to meet Idaho State Sewage Regulations. ` ^ 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.K C6.G~ .t1-TTfIC~'fGT7, SiO~PSYtG.~r4-TtS2 1/~t N~66~iu~~T /~/ .Date: _,~/ /~ _ s J ~~C!an~ ire ~-i/®~-~ ~ otiS W Reviewed By: ~ ~~~1 9 '~ ~' r # ~' ~ > - ' .s _ CDND 10/91 ~, rcv. 7/91 y r ~,. - Review Sheet ` ~, ,~ :, ~ ~ Ot5'2t~T OEP.•~RT,~tENT lu 1rc~'cnt ;:rrrl crcut diseusc artd di~adriilV: to prwrrute lrca:a+•, tiferyics: and :u protcc: cr+tl pr'vrrtute ll+c i+eu(tit er+d ,jrrelity u% u+v erivinururrerr:. STOR~tiItiti~ATER 1~IA~VAGEI~IEi`iT RECOti~.itiIENDATIO!~S `Ve recommend that stormwacer be pretreated t;`~rouJh a gassy Swale prior co .. -- - d;S_ ^~~T~ r•n rF;e St~bs,~ria~e CO Dr-ave~r imp2cC CO ~iOLitd~vater and Sllrface Wat'r J" Duality. The engineers and architects involved1~vith the desi~'n of this project should obtain current best management practices for stormwater disposal a~zd design a storm~vacer management system rr-~at is preventing groundwater and surface watzr degradation. Manuals that could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best ylanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Stormtivatzr Best tilan2gerrient Practices Guidebook. Prepared by Ciry Of Boise Public tiVorks Department, January 1997. s~a~WZ«~ ;193:Cty $zriirs; Yc!!ey, E!trore, Boise; end.~~c ~0~:~^2S ` _+nere Ccursr/ eMee :eg `l:11ay County C:. Act / 3aise County Cftica xac.WtC Sc:auite OI~~C9 R c ' ~-+ ~ ~P:~°: `' iCJ N. f a a -°r dcx t end O ? TCi .`t. ~trr..: ng 2t. x : i :Cb e ~C JJi:° :cna Q 3/~a7 ,~t c:G : rcr..s cu -_ . . ~+cCcn:.O. ~•.d ?CRZ. ~Q JJi:a Ci:tt: I~j•i ~4 = . Ch. JJ~~.s ; FwrtO.'~z'~.:" 70i• _a7 :ai.~Gi t' C h a.i ICd ~ :rnr:. M? ,; M...~y ~Cnr.: G: IZi •T:tCC - _, ~:(. 3J •J==' • . F,~t"!~ / q ~ :: CO ~,q;~ 5„~.~t i~f tr..c~rnt's:+crs: I ~l •T ~ pa:(::h 7•J~2! isr~cr ~ tum:~cn: J2i•TaM vnC 1?T•T19 • :~.t :2; .a f; ORGAt~!'ZED 1904 g,EcE~D NOV 2 6 1999 CITY OF MERIDIAN ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 ' FAX # 208-463-0092 t . ~~4 .November 24, 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, Gty Gerk Meridian Planning & Zoning Commission 33 East Idaho Meridian,.ID~ 83642 Re: FP-99-031 Finat Plat for The Lakes at Cherry Lane No. 8 -Steiner Development Dear Commissioners: The final plat for The Lakes at Chevy Lane No. 8 appears to be acceptable to the Nampa & Meridian Irrigation District. Sincerely, GG~ Bison, As~r Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln ~. L Cc: File -Shop ~ File -Office Water Superintendent ~ Steiner Development, Inc. ~ ,. Briggs Engineering, Inc. -Becky Bowcutt ' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a, Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 'F~ HUB OF TREASURE VALLEY i A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY~OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian -City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 19, 1999 TRANSMITTAL DATE: October 4, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: FP-99-031 REQUEST: FINAL PLAT FOR 4.90 ACRES ZONED R-4 FOR THE LAKES AT CHERRY LANE NO.8- SECTION 3 NORTH OF USTICK ROAD BY: STEINER DEVELOPMENT. LOCATION OF PROPERTY OR PROJECT: SECTION 3 NORTHOF USTICK ROAD TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT ~ FIRE DEPARTMEIVT"~ 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) YOUR CONCIS//~~E REMARKS: rn ~ r v CYr .»-.~ ri IZ.i~ tt:i Ll ~V O t {~.~.~ ,~ !a/ `~~ ~~ DEC - 2 1999 CITE' OF I~R,IDIAN DEC-06-1999 10 46 BRIGGS ENGINEERING, INC. ENGINEERS / PLANNERS / SURVEYORS f ~ pecember 6, 1999 ~ ~~~ ~t, ~ Mr. Will Berg, Shari Stiles < 2 ~ ` ~ ~~ ~ and Bruce Freckleton City of Meridian 33 E. Idaho Street ~_ Meridian, Idaho 83642 Rc: Lake at Cherry Lane No- K Subdivision (Final Plat Comments) 12083452950 P.02 Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208).345-2950 E-mail BEI-Idaho@msn.com ~,' CEIV~''+D DEC - 6 1999 CITY OF MERIDIAN The #o1l~wing responses address comments received on November 26, ) 999. General Comments 1. The applicant agrees. General Requirements 1. The applicant will comply. 2. 'Che applicant will comply. 3, The applicant will comply. 4. The applicant will comply. 5. The applicant is unable to respond until December 6, 1990. Site S~ecil'ic Requirements I. The applicant will comply. 2. "I'he applicant will comply. 3, The applicant will comply. 4, understood. 5. Understood. 6. The applicant will comply. 7. The applicant wilt comply. 8. The final plat will be revised accordingly. 9. The final plat will be revised accordingly. 10. The final plat will be revised accordingly. 1 1. No adjustment is necessary along N. White Qak. The lot left as un-platted, wilt be platted when the land exchange between the City and Steiner Development is completed. Sincerely, RRI S FNGLNEC.R G, l3ecky 1,. Lio cult Land Use Planner a Bl.l3:fc 991UUl~Gity Meridian-In• a TOTAL P.02 DEC 06 '99 10 53 12083452950 PAGE.02 ;, , .. DEC-06-1999 10.46 BRIGGS ENGINEERING INC 12083452950 P.01 . ~.~ NGIN RII~IG BRIGGS ENGINEERS PLANNERS SURVEYORS FACSpI~MILE TRANSMITTAL TO ~IGG /ZEC ~! FROM ~"°"~ ' COMPANY ~~~~~~~ FAX NO. ~~ ~ ~`~~ l~ DATE ~ ~ BRIGGS ENGINEERING, INC. 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 N0. OF PAGES SENT ~"~ (BEI) PROJECT N0. (Including Transmittal) REFERENCE c,~ REMARKS r REPLY REQUESTED COPY 1800 W. OVERLAND ROAD * BOISE> IDAHO 83705 * (208)344-9700 FAX (208)345- 2950 DEC 06 '99 10 53 12083452950 PAGE.01 3. 1 HU(3 OF TRE.aSURE u~LLEY Mayor ~~ - ~~ LEGAL DEPARTMENT ROt3ERT D. CORR[E A Good=Place [o Live ~' ~~_ ('_031 233.299 • F^x 388-2501 ~ CITY OF MERIDIAN ~ ~~~ Members C~~y C~~~, PUBLIG WORKS CHARLES ROUNTREE 33 EAST IDAHO (3UILDING DEPARTMENT (203)337-3211• Fas 387-1297 ~-+ GLENN BENTi~~EI~~j ~ MERIDIAN, IDAHO 836.1.2 ANDERSON (208) 888-4433 'Fax (208) 887-4813 RON PLANNING AND ZONING . KEITH B[RD NOV 1 5 ~~"~`~~ C~~Y Clerk Faz (208) 888-4218 DEPARTMENT 887 1397 ~~33 • F 4 - az (308) 83 - 4~i~y of Meridisia ~t:ity Clerk flf#ice TRANSMITTAL TO AGENCIES FOR. COMMENTS ON DEVELOP MENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by -the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 19 1999 TRANSMITTAL DATE: October 4, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: FP-99-031 REQUEST: FINAL PLAT FOR 4.90 ACRES ZONED R-4 FOR THE LAKES AT CHERRY LANE NO. 8-SECTION 3 NORTH OF USTICK ROAD BY: STEINER DEVELOPMENT. LOCATION OF PROPERTY OR PROJECT: SECTION 3 NORTHOF UST.ICK ROAD TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT ,FIRE_DEPARTMENT f• 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 RECLp,MATION(PRELIM & FINAL) December 14, 2000 Ordinance MERIDIAN CITY COUNCIL MEETING December 19, 2000 APPLICANT Steiner Development / City of Meridian ITEM NO. REQUEST Land Swap at the Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: COMMENTS See previous Item Packet Phone: Materials presented at public meetings shall become property of the City of Meridian. I SEP 2 3 1998 NOTICE OF HEARING T IT ni NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning 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 7:00 p.m. on October 13, 1998, for the purpose of reviewing and considering the application of Steiner Development for a Preliminary Plat for land located in a portion of the NW % of Section 3, T.3N., R.1W., Boise Meridian, Ada County, Idaho. The applicant requests Preliminary Plat approval of the parcel of land above described for 15 single family dwelling lots for The Lake at Cherry Lane No. 8. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of September, 1998. 1 r WILLIAM G. BERG, JR.,69ITYCLERK PUBLISH September 23 and October 7, 1998. ** TX CONFIRMA7 REPORT ** AS OF OCT 26 1�._.i0.22 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 16 10/26 10:21 208 868 1097 MODE MIN/SEC PGS CMD9 STATUS EC--S 00'26" 001 110 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m, on November 17, 1998, for the purpose of reviewing and considering the application of Steiner Development for a Preliminary Plat for land located in a portion of the NW % of Section 3, T.3N., RAW., Boise Meridian, Ada County, Idaho. The applicant requests Preliminary Plat approval of the parcel of land above described for 15 single family dwelling lots for The Lake at Cherry Lane No. 8. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26'h of October, 1998, WILLIAM G. BERG, JR., CITY CLERK PUBLISH October 28 and November 11, 1998. _.. ..�.. n. V Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: PORTION OF NW'/4 SEC. 3, T.3N., RAW., TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 CITY FILES 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 YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PLANNING AND ZONING COMMISSION A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. Name of Annexation aiid Subdivision. The Take at cherry Lane No_ 8 1. General Location, A portion of thp ►. 14, Section Y Y - • a ., Ada County,• . • 2. Owners of record, Steiner v 1 onment Inc_ Address P.0. Box 190472 Roi G , Tn Zip 83719 Telephone 884-2076 3. Applicant, 4. Address,P 5. Engineer, Firm Pacific i.and Surveyor,;, A divia'on of POWER Fnginaerc 6. Name and address to receive City billings: Name Steiner Development Incn. Address P_O_ Rox 190472 Boise, TD 83719 Telephone 884-2076 549429App.doc 1 PRFT,TMTNARV PTAT CHF.CKT,TST; Subdivision Features 1. Acres 5.16 2. Number of lots 15 3. Lots per acre 2.91 4. Density per acre 0_34 5. Zoning Classification(s) R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N.JA 7. Does the plat border a potential green belt Yes Fight Mil_ Latpral 8. Have recreational easements been provided for No Explain 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? Yes Explain Lot 24, Block 1, 8 Mile Latpral easement For future parks? No Explain 11. What school(s) service the area Meridian Schools, do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City NfA Fire Department N4A , Other Explain - 13. Type of Building (Residential, Commercial, Industrial or combination)_ RecidPn ial 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family 549429App.doc 2 15. Proposed Development features: a. Minimum square footage of lot(s), s,000 b. Minimum square footage of structure(s) 10400 C. Are garages provided for, yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for No Describe f. Trees will be provided for No Trees will be maintained g. sprinkler systems are provided for Yes - slur Taiga ion Systpm h. Are there multiple units No , Type remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for No , Explain k. Value range of property 85,000 to $1500000 1. Type of financing for development Conventional M. Protective covenants were submitted No , Date forthcoming 16. Does the proposal land lock other property No , Does it create Enclaves No 549429App.doc 3 v STAT .M .NTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be give (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names will not conflict with City grid system. 549429App.doc 4 v v I 2 3 KE OR - --- b z �� 3 m A ' r � m n 2 � 2 3 � 3 V� 4 4 1 �� r - ��8a SSIE CT. 6 1 C 7 1 9 12 10 4 13 15 14 16 17 Z 18 1 r 2 19 A 3 r 4 20 D I CRO 5 8 O�FOC 6 21 z 7 22 Jr' 7 3 6Q2 2 3 4 2 24�r�® a/ 4 0 6CLOt'— rat 6' k� gOp 4 -, 1 67 93 70 68 59 - -- - - - - -- -- 5 Z 'e W. 69 CD 79 BNNle ��O .3 54 55 56 57 tiN9 9 90 81 82 94 p 51 46 9 89 V 50 45 a4 43 4 12 N 86 85 =' 46 40 t' � 47 ? 86 48 39 1 10 �! 0� 9 8 7 6 5 : C W MOON LAKE c1T 'S. ' 45 44 43 42 41 40 39 36 THE LA Z 46 CHERR LANE 57 53 54 58 47 148 48 50 51 52 59 mow. TETER W TETER ST. r 60 3 t -- c 311 '23 22 21 20 19 18 17 16 6l 3 , 82 0 ® 321 24 25 a' 27 28 29 30 � Polar z DRIVE HARBER . POINT OR W_ 21 20 18 17 16 15 14 13 12 II24 23 22 ,9G L 14 49 r1• 38 1I` 6 NEON `� 26 29 NINES 34 33 36 37\\ `/ 29 32 33 I \ 8 i9 20 21 22 24 30 I SAFi�O RQ \18 ADA PLANNING AUN. - --' AUG 0 7 1998 2 [i i2� �� Y 3 J " EIGHT MILE LATERAL O N N � N � � N m N. WHITE OAK WAY O y m � O � C L ' c-� .A R1 y C74 O O En O L w CJ O I I w 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 September 9, 1998 City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549429-01 The Lake at Cherry Lane No. 8 Subdivision Dear City Council: The Lake at Cherry Lane No. 8 is a 5.16 acre, single family development located between The Lake at Cherry Lane No. 4 and Ashford Greens No. 2 in the SW t/4 of the NW '/4 , Section 3, T.3N., R.1 W. This 15 lot development, 14 building and one common lot for the Eight Mile Lateral, was master planned as part of the entire Ashford Greens development. The application complies with Meridian's comprehensive plan and city ordinances. The property is zoned R-4. All of the lots meet the minimum square footage and lot frontage requirements for the R-4 zone. No variances or special setback requirements are being requested. The lots and roadways have not varied from the original master planned locations. Traffic flow will be positively impacted due to the connection of W. Teter Street and W. Harbor Point Drive with W. Talamore Boulevard. Sewer has been constructed. The existing sewer has been constructed to the City of Meridian standards. The curb, gutter and sidewalks and water will be constructed as part of this application. All other utilities will be constructed to the applicable standards. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. C4af," W Charles W. Eddy PLS-BOI 58-679 Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho C-)rporation i 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 PROJECT: 549429 DATE: August 12, 1998 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION A PORTION OF THE NORTHWEST QUARTER SECTION 3 T. 3 N., R. 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A portion of the Northwest Quarter of Section 3, T. 3 N., R. 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T. 3 N., R. 1 W., B.M., Meridian, Ada County, Idaho; thence along the Easterly boundary of the said Northwest Quarter of Section 3, South 00027'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake At Cherry Lane No. 4 Subdivision, North 89'18'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake At Cherry Lane No. 4 Subdivision; thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry Lane No. 4 Subdivision, South 00'30'18" West 486.13 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence continuing along said Westerly boundary, South 00'30'18" West 572.45 feet to an iron pin; thence leaving said Westerly boundary, and along the Northwesterly boundary of said The Lake At Cherry Lane No. 4 Subdivision, South 82°30'02" West 359.91 feet to an iron pin; thence leaving said Northwesterly boundary, North 00°30'14" East 163.35 feet to an iron pin marking a point of non -tangent curve; thence along a non -tangent curve to the left 269.69 feet, said curve having a central angle of 41 ° 12' 17", a radius of 375.00 feet, tangents of 140.98 feet and a long chord of 263.92 feet bearing South 51 ° 10'50" West to an iron pin marking a point of tangent; thence South 30°34'41" West 84.13 feet to a chiseled cross marking a point of curve; thence along a curve to the left 30.13 feet, said curve having a central angle of 86' 18'51 ", a radius of 20.00 feet, tangents of 18.75 feet, and a long chord of 27.36 feet bearing South 12°34'45" East to an iron pin on the Northerly right-of-way of W. Talamore Boulevard; thence along a curve to the left 177.03 feet, said curve having a central angle of 14°54'59", a radius of 680.00 feet, tangents of 89.02 feet, and a long chord of 176.53 feet bearing North 63'11'43" West to an iron pin on the Easterly boundary of Ashford Greens No. 2 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7798 through 7802; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation Ift..^ thence along said Easterly boundary, North 19°20'48" East 195.81 feet to an iron pin; thence leaving said Easterly boundary, South 66°28'49" East 157.67 feet to an iron pin marking a point of non -tangent curve; thence along a curve to the right 288.88 feet, said curve having a central angle of 38°56'43", a radius of 425.00 feet, tangents of 150.27 feet, and a long chord of 283.35 feet bearing North 63°03'56" East to an iron pin; thence North 00°30'06" East 154.08 feet to an iron pin; thence North 11'45'06" East 206.39 feet to an iron pin; thence North 78°53'05" East 183.47 feet to an iron pin; thence South 89°29'54" East 74.99 feet to the point of beginning, comprising 5.16 acres, more or less. SUBJECT TO: All existing easements and road rights -of -way of record or appearing on the above -described parcel of land. RAG/EDM Prepared by: Pacific Land Surveyors pNIkL �^►D �GIS q` 7732 OF Vo��p� y�RD A. Richard A. Gray, P.L.S. I 'rf t FA -1 t uc, S 4 /6* For Value Received BC1SE f1FIST AmeRICAN T11 5 CO. '97 RPR 16 Pig 44 QUITCLAIM DEED Ec r c , :_ _ uE"T cF Brenda Steiner, Wife of Grantee do hereby convey, release, remise and forever quit claim unto Louis J. Steiner, a married man as his sole and separate property whose address is the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with their appurtenances. Dated: April 14, 1997 Luay�' a L� - Brenda Steiner STATE OF California ) ss. COUNTY OF Merced ) On This 15th day of April, in the year 1997, before me, a Notary Public in and for said State, personally appeared Brenda Seiner, known or identified to me to be the person(A) whos amen) is subscribed to the within Instrument, and acknowledged to me that she executed the same. ota ublic o The State of David Bakken R idin at California Comm. X1020700 I1 grC—���lty • NOTARYPUBLIC CALIFORNIAD Commission expires: 3 20 9 MERCED COUNTY (} co=. Exp w March 20. 19911 First American Title Company of ,Idaho V EXHIBIT "All A parcel of land situated in the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise -Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the ; corner common to Section 3 and 4 corner as shown on CP&F Instrument No. 782146, Ada County Records, from which the section corner common to Sections 4, 9, 10 and 3 bears South 0038111" West, 2651.19 feet; thence North 0938127" East, 2043.69 feet along the Westerly line of the Northwest quarter of said Section 3 to an iron pin marking the Northwesterly corner of that parcel described in Warranty Deed to Brighton Corporation and recorded as Instrument No. 95016890 and modified by Affidavit to Correct Legal Description recorded as Instrument No. 96075294, Ada County Records; thence South 89023104" East, 785.01 feet along the Northerly line of said parcel to the Northeasterly corner thereof, and the POINT OF BEGINNING; thence continuing South 89023104" East, 257.01 feet to the centerline of Eight Mile Lateral; thence along the centerline of said lateral through the following courses: South 56028132" East, 248.22 feet to a tangent curve; thence Southeasterly, along a curve to the right having a radius of 580.0 feet, an arc length of 132.85 feet, a central angle of 1300712511, a chord bearing and distance of South 49054149" East, 132.56 feet to a point of tangency; thence South 43021107" East, 398.04 feet; thence South 37032135" East, 273.07 feet to the Northerly line of the southeast quarter of the Northwest quarter of said Section 3; thence leaving said centerline of Eight Mile lateral, along said Northerly line, South 89018'58" East, 532.87 feet to a line parallel with and Easterly of the Westerly line of the East half of the Southeast quarter of the Northwest quarter of said Section; thence along said parallel line, South 0030118" West, 269.67 feet to the Northeasterly corner of that parcel described in Quitclaim Deed to the City of Meridian and recorded as Instrument No. 95016892, Ada County Records; thence along the Northerly line of said parcel through the following courses: North 85010'18" West, 136.30 feet; thence North 60040115" West, 164.39 feet; thence North 79002015" West, 61.16 feet; thence North 89018149" West, 398.40 feet; thence South 11*00142" East, 399.24 feet; thence South 6104V 13" West, 165.37 feet; thence North 42043129" West, 283.07 feet; thence North 13056120" West, 266.06 feet; thence North 8016107" West, 125.42 feet; thence North 50491061, West, 249.89 feet; thence V North 35028122" West, 77.08 feet; thence North 42031118" West, 70.53 feet; thence North 53015109" West, 86.07 feet; thence North 56028132" West, 79.07 feet; thence North 63013'16" West, 65.34 feet; thence North 78005129" West, 71.13 feet; thence North 89023104" West, 80.94 feet to a corner on the Easterly line of said Warranty Deed to Brighton Corporation; thence leaving said Northerly line, along said Easterly line through the following courses: North 0036156" East, 115.00 feet; thence North 5038122" East, 50.19 feet; thence North 0036156" East, 110.00 feet to the POINT OF BEGINNING. A parcel of land situated in the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise -Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the i corner common to Section 3 and 4 corner as shown on CP&F Instrument No. 782146, Ada County Records, from which the section corner common to Sections 4, 9, 10 and 3 bears South 0038111" West, 2651.19 feet; thence North 0038127" East, 22.64 feet along the Westerly line of the Northwest quarter of said Section 3 to a 5/8" iron pin marking the extended Southerly line of the Northeast quarter of said Section 3; thence South 88055129" East, 1977.76 feet to a point on the Westerly line of the East half of the Southeast quarter of the Northwest quarter of said Section 3; thence North 0030118" East, 277.67 feet along said Westerly line to the POINT OF BEGINNING; thence continuing North 0930118" East, 91.97 feet along said line to the Northerly corner of that parcel described in Correction Quitclaim Deed to the City of Meridian, recorded as Instrument No. 95016892, Ada County Records; thence along the Northerly line of said parcel through the following courses: Southwesterly, along, a non -tangent curve to the left having a radius of 375.0 feet, an arc length of 269.77 feet, a central angle of 4101310411, a chord bearing and distance of South 51011'21" West, 263.99 feet; thence, tangent from said curve, South 30034150" West, 84.13 feet to a tangent curve; thence Southeasterly along said curve to the left having a radius of 20.0 feet, an arc length of 30.13 feet, a central 86018'51", a chord bearing and distance of angle of South 12034136" East, 27.36 feet to a point on a non -tangent curve; thence leaving said Northerly line Northwesterly, along said non -tangent curve to the left having a radius of 680.0 feet, an arc length of 177.03 feet, a central angle of 1405415811, a chord bearing and distance of North 6301113111 West, 176.53 feet to a point of non -tangency; thence North 19020057" East, 195.81 feet to the Southerly line of said Correction Quitclaim Deed; thence along said Southerly line through the following courses: South 66028140" East, 157.70 feet to a non -tangent curve; thence Northeasterly along said curve to the right having a radius of 425.0 feet, an arc length of 288.86 feet, a central angle of 38056131", a chord bearing and distance of North 63004111" East, 283.33 feet to a point of non -tangency; thence North 0030115" East, 154.10 feet; thence North 11045115" East, 185.77 feet; thence North 78"33149" East, 182.71 feet; thence South 89029145H East, 80.00 feet to the corner of said Corrected Quitclaim Deed to the City of Meridian; thence leaving said Southerly line South 0030018" West, 534.95 feet along a line Easterly of and parallel with the Westerly line of the East half of the Southeast quarter of the Northwest quarter of said Section; thence North 88023134" West, 264.94 feet; thence South 86050121" West, 61.76 feet; thence North 82039135" West, 14.81 feet; thence North 89018158" West, 15.17 feet to the POINT OF BEGINNING. A parcel of land situated in the North half of the South half of Section 3, Township 3 North, Range 1 West, Boise -Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the ; corner common to Sections 3 and 4 corner as shown on CP&F Instrument No. 782146 Ada County Records, from which the section corner common to Sections 4, 9, 10 and 3 bears South 0*38111" West, 2651.19 feet; thence North 00381271/ East, 22.64 feet along the Westerly line of the Northwest quarter of said Section 3 to a 5/8" iron pin marking the extended Southerly line of the Northeast quarter of said Section 3; thence South 88055129" East,. 1977.76 feet to a point on the Westerly line of the East half of the Southeast quarter of the Northwest quarter of said Section 3; thence South 0030118/, West, 5.69 feet along said Westerly line to a point marking the Northwest corner of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section 3 (C-E-W 1/64); thence South 0030111/, West, 407.93 feet along the Westerly line of said Northeast quarter of the Northeast quarter of the Southwest quarter of said Section 3 to the centerline of Eight Mile Lateral, being the POINT OF BEGINNING; thence Southeasterly along the centerline of said lateral through the following courses: South 68054111/, East, 276.46 feet to a tangent curve; thence Southeasterly along a curve to the right having a radius of .M-11 100.0 feet, an arc length of 59.46 feet, a central angle Of 34004110", a chord bearing and distance of South 51052106" East, 58.59 feet to a point of tangency; thence South 34950001" East, 292.99 feet; thence South 89048141" East, 147.34 feet; thence leaving said centerline of Eight Mile Lateral South 35000100" East, 176.30 feet; thence South 2201510011 West, 60.05 feet to a point on the Northerly boundary of CHERRY LANE VILLAGE NO. I SUBDIVISION, as shown on the official plat thereof recorded in Book 44 of Plats at Pages 3537 through 3539, Ada County Records; thence North 439581100 West, 75.57 feet along the Northerly boundary of said subdivision to a point marking the Northerly corner of Lot 2 of Block 9; thence South 56000100" West, 305.46 feet along said Northerly boundary to the Southwesterly right-of-way line of Interlachen Way; thence continuing along said Northerly boundary, and Southwesterly right-of-way,line of Interlachen Way South 34000100" East, 171.40 feet to the Northerly corner of Lot 8 of Block 7 of the AMENDED PLAT OF CHERRY LANE VILLAGE NO. 1 SUBDIVISION, as shown on the Official Plat thereof recorded in Book 45 of Plats at Pages 3647 and 3648, Ada County Records; thence South 6103713311 West, 149.16 feet along the Northerly boundary of said Amended Subdivision to the extended Northerly right-of- way of the Safford Sub Lateral; thence North 66005130" West, 396.57 feet along said extended right-of- way to the Westerly line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section 3; thence along said Westerly line North 0030111" East, 745.37 feet to the POINT OF BEGINNING. A parcel of land 25 feet in width, situated in the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise - Meridian, City of Meridian, Ada County, Idaho, and lying within the Right -of -Way of North Black Cat Road, being more particularly described as follows: Commencing at the hi corner common to Section 3 and 4 corner as shown on CP&F Instrument No. 782146, Ada County Records, from which the section corner common to Sections 4, 9, 10 and 3 bears South 00381111, West, 2651.19 feet; thence North 003812711 East, 498.29 feet along the Westerly line of the Northwest quarter of Section 3 to the Northwesterly corner of that parcel described in Correction Quitclaim Deed to Brighton Corporation, recorded as Instrument No. 95016891, Ada County Records, and the POINT OF BEGINNING; thence continuing North 0038127" East, 1270.40 feet along said Westerly line to the Southwesterly corner of that parcel described in Warranty Deed to Brighton Corporation, recorded as Instrument No. 95016890 -_ .�_ y ;� - ,:. � ; s�� �: �� -. � �-- �, as modified by Affidavit to Correct Legal Description recorded as Instrument No. 9675294; thence along the Southerly line of said Warranty Deed South 89023104" East, 25.00 feet to the Easterly right-of-way line of North Black Cat Road- th ence South 0038127" West, 1270.41 feet along the said Easterly line to the Northerly line of said Correction Quitclaim Deed; thence North 891121133" West, 25.00 feet along said Northerly line to the POINT OF BEGINNING. .-- ,.�.:: �_ . e s ,�. ru 0 rLi —4 0 -7 ru —0 ILO Ln Ln Lil -a 0 ru -4 I-M ru 0 0 e. CITY OF MERIDIAN "Hub of Treasure Valley' 33 E.1daho Mer'rdian, Idaho 83542 0,38433 'Custorner's Order No. ,Date Name Address Phone: SOLD BY CASH CHARGE MDSE. RETD. PAID OUT D All claims and returned goods MUST be accompanied by this bill. TAX Received B By y TOTAL GS-202-2 PRINTED IN U.S.A. 0�"9kw C o ro FD Q z W 4 Cn Q O N 4 No0 CD CD A CD 0 O CD �w m < z ac CD 00 oCD (DW O 3 r w 0 �p O � z n o O m �. a C� G CD m 3 �» w m O � W c`QD C)° 3 oQ- y w0°!(Dom= o �o �0wM 0 3 m w o O o��a.5 7 > > CDCD a -- n CD O N y D= O C ( C - G Q m m m Q 10 w ID jw IDO p D O j O D N O O N O W Z N w O J izm o OCD c N p O 14) DRZ 3 N W N wc;3po-- C;vZxomO CD ZI o S 3 003 0 c C OO oo3cca p O'er �mm 3 Ow `wG x N... ,G --j a o' Cl) O O d (D N v 3 N N 0 C,3D N c °3o3°Q 3 -.o_.c w m 3 3 o o m ID w w o ' N S 3 vim o m w o 0 -o@�nw Cf7 (D O. w c x. �. 3'7 m0-0.3 - = - 0 N p j = n x c ID N F-R N ID 03 tO a S . CD G For Accountable Mail ODZ (O 00 �J O t)!� ? 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CD N 00 LO LO co 71 w cr REcErvED O C T 2 8 1998 NOTICE OF HEARING CITY OF MERIDUNI NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 17, 1998, for the purpose of reviewing and considering the application of Steiner Development for a Preliminary Plat for land located in a portion of the NW % of Section 3, T.3N., R.1 W., Boise Meridian, Ada County, Idaho. The applicant requests Preliminary Plat approval of the parcel of land above described for 15 single family dwelling lots for The Lake at Cherry Lane No. 8. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 261h of October, 1998. / 1 AM G. BERG, JR., CITY CLER PUBLISH October 28 and November 11, 1998. '\► 3 — — -- -.. - - .-�� a �; ITP m �^' n a N 0 `� N Q 0 ? CD O cD c m o m a u w r' < Di N RL A R w t"'i LJ w � C � y z Er Er d� o w vn N �IRiv'1� o 1.4 t 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 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 7:00 p.m. on October 13, 1998, for the purpose of reviewing and considering the application of Steiner Development for a Preliminary Plat for land located in a portion of the NW % of Section 3, T.3N., R.1W., Boise Meridian, Ada County, Idaho. The applicant requests Preliminary Plat approval of the parcel of land above described for 15 single family dwelling lots for The Lake at Cherry Lane No. 8. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of September, 1998. 1 7 f WILLIAM G. BERG, JR., I CLERK PUBLISH September 23 and October 7, 1998. ```1�tOf tttlf 4flRftitff fj _ ��L m w n �. m Me•:. a N 0- o O a � C m 0�-i o o m si m ^^ o co a \L w < m rn4to w ' 1�J N Cb �G i O T ` � N ITI d w r� c- 0-0 ru W N .a.,,, _.._,-y.s... _.w k�Fk�*r�tW�W4k�F�r SQPII,, 1%0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 17, 1998, for the purpose of reviewing and considering the application of Steiner Development for a Preliminary Plat for land located in a portion of the NW'/ of Section 3, T.3N., R.1W., Boise Meridian, Ada County, Idaho. The applicant requests Preliminary Plat approval of the parcel of land above described for 15 single family dwelling lots for The Lake at Cherry Lane No. 8. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26th of October, 1998. AM G. BERG, JR., CITY CLER PUBLISH October 28 and November 11, 1998. CHERRY LANE NO. 8 PROPERTY OWNERS WITHIN 300' STEINER LOUIS J 554 E BELLEVUE RD SUITE B ATWATER CA 95301 N BLACK CAT RD 4079 W MOON LAKE ST 4047 W MOON LAKE ST 4019 W MOON LAKE ST 4002 W TETER ST 4016 W TETER ST 4044 W TETER ST 4078 W TETER ST N BLACK CAT RD 4017 W TETER ST 4001 W TETER ST 4045 W TETER ST 4077 W TETER ST 4042 W HARBOR POINT DR 4014 W HARBOR POINT DR 3998 W HARBOR POINT DR 4074 W HARBOR POINT DR N BLACK CAT RD 4015 W HARBOR POINT DR 3997 W HARBOR POINT DR 4043 W HARBOR POINT DR 4075 W HARBOR POINT DR MERIDIAN CITY OF 33 E IDAHO AVE MERIDIAN ID 83642-2631 N BLACK CAT RD W MOON LAKE ST W HARBOR POINT DR N TURNBERRY WAY J A HOLMES CORPORATION 1379 E HUNTER DR MERIDIAN ID 83642 2540 N CROOKED CREEK WAY BRIGHTON CORPORATION 12426 W EXPLORER DR SUITE #220 BOISE ID 83713-1560 2528 N CROOKED CREEK WAY 2514 N CROOKED CREEK WAY 2531 N CROOKED CREEK WAY 2499 N CROOKED CREEK WAY 2476 N CROOKED CREEK WAY 2421 N CROOKED CREEK WAY 2417 N CROOKED CREEK WAY 2422 N CROOKED CREEK WAY 2413 N CROOKED CREEK LN 2410 N CROOKED CREEK LN 2401 N CROOKED CREEK LN 2396 N CROOKED CREEK LN 2374 N CROOKED CREEK LN 2358 N CROOKED CREEK LN 2366 N CROOKED CREEK LN 2390 N CROOKED CREEK LN 2382 N CROOKED CREEK LN ASCHENBRENNER LEONARD A & F NADINE 3875 W USTICK RD MERIDIAN ID 83642 2498 N CROOKED CREEK WAY STEINER LOUIS J 551 E BELLEVUE RD SUITE B ATWATER CA 95301 W HARBOR POINT DR ASHFORD GREENS OWNERS ASSOCIATION INC 12426 W EXPLORER DR SUITE #220 BOISE ID 83713-1560 N CROOKED CREEK WAY W TALAMORE BLVD N CROOKED CREEK LN 14.. GOLF VIEW ESTATES HOME -OWNER ASSOCIATION INC 1526 E O 1ST MERIDIAN ID 83642 W CHERRY LANE BOISE RESEARCH CENTER INC 12426 W EXPLORER DR STE 220 BOISE ID 83713-1560 N BLACK CAT RD (n �_ ° (.n-n N a 3 43 W J mCD ao J T (D m N Q w A '0 W N R. r fl. C m boo CDCD N For Accountable Mail TTj 1 0 � v w r o l 7 F mvmKm`w� '' cory�3o6c O 3 O �63N N"O p :& w 7 .N N m p N C 7 N j 0 v nZ U)0 ID L'om 7 ^. N 7 N a O n O O v�D 7 c CD m 0 CD o m n N Qj v�41.3pQw w m v om a " o a �0'�3003 c 3. � ?. m ID 0 O 7 Al 0 m 0 `; a 3 c yo(n7 � 7 O 0< ID N m 'wmmw au7 p w U) m N N 3 N ID o <n 7.o cNn3 am 7 o-c o m m 3 0 3 � a _.o _?3 3 wwov U_ N 7 ID 3o-�,a wom��3 < @ .< X cncDa6�3 CD 3 c _073 0 m �_.mmma m ^ xo c m m 3 a C N 7 7 oamm7 OR N V] J m O N all Y m° 4 �d n° m N 1�T1 N z Q n 00 O Y zn N m d r > a o o ) 00 00 rn N :2 w zmQ'�Q°z°� awn n[O" r. C rn W t- m Z z� O < a� z Cad c- r O m O p m m n O x mv ZNz mv� >eZ N z O rn -[ OO z w Y O x d N [i1 C7 a a Y ..�+. o > CD _ N 3 0000a C-)o =X6 000 °; Mo;CD ( CD co a CDv w N C a am 0 00 03 m�o�= � x m o _-mac CD O N CCD p_ O v -maCD �a T 0 m CD m = ElEl CD 3 n N x ID (:,3 o :y m w o a - , 0 o CCD < vi c n O F m <N vc O C CD ma v ID CD Om 3 w93 Oa x o m -3 o -^ Q N LD. m m . � °sr. (D {y N 3O G W A m T� O QO^ N n TN 73CD i NCD ID m 3 0 4 { (^yC — ) lw � BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF STEINER DEVELOPMENT, ) ORDER OF CONDITIONAL APPLICATION FOR PRELIMINARY PLAT ) APPROVAL OF FOR THE LAKE AT CHERRY LANE NO. 8 ) PRELIMINARY PLAT SUBDIVISION, PORTION OF THE NW 1/4 ) SEC. 3, T. 3N., R. 1W., MERIDIAN, IDAHO ) This matter coming before the City Council for public hearing for Preliminary Plat approval pursuant to § 11-9-604 E of the Municipal Code of the City of Meridian on this 1s` day of December, 1998 and the Council finding: and; That notice of public hearing has been given in accordance with the City Ordinance; The administrator's report on the status of the application has been received and is complete which has included certain comments and conditions as stated in a letter dated October 7, 1998, to the Mayor and Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 9 General Comments and 6 Site Specific Comments which are herein found fair and reasonable; and Considering the proposed development it is found to be in conformance with the Comprehensive Plan of the City; and Subject to the conditions of approval the proposed development is found to have Urban Services to accommodate it and it is in continuity with the City's Capital Improvement Program and there is existing public financial capability of supporting services for the proposed development; and ORDER OF APPROVAL OF PRELIMINARY PLAT STEINER DEVELOPMENT THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION �..� �,.d The Council having considered the requirements of its subdivision ordinance and requirements for preliminary plat approval the Council takes the following action: IT IS HEREBY ORDERED THAT: 1.) The Preliminary "Plat of The Lake at Cherry Lane No. 8 Subdivision" as evidenced in Plat bearing thejob reference #Pacific Land Surveyors, ACAD DWG. File: 5494291CHR8PRE1 DWG. NO.980806.1 Revised 10/27/98 is Conditionally Approved subject to those conditions as set forth in the letter dated October 7, 1998, to the Mayor and Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 9 General Comments and 6 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein. 2.) The preliminary plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall not be signed until the conditions of this approval herein imposed are met. By action of the City Council at its regular me ' g held on December 1, 1998. By. ,.' T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works D UPC rtmen . By. Dated Ity Clerk /2 —t e?9 �1%,, 011#r,Jtrf,, msg\D:\MyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROVAL\O� PLAT1Steiner Lake Cherry Lane No 8 PP.wpd ORDER OF APPROVAL OF PRELIMINARY PLAT STEINER DEVELOPMENT THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION s SM 7 cocw `t �. PRELIMINARY �y " 'Tr DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by Louis J. Steiner and Brenda Steiner, husband and wife, hereafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: The Lake at Cherry Lane No. 8 Subdivision, according to the official plat thereof, recorded in Book of Plats at Pages and as Instrument No. recorded on the day of 199, records of Ada County, Idaho; and _ WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent Owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION' shall mean and refer to The Lake at Cherry Lane Homeowners Association, Inc. a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 09/14/95 Jkr Section 3. "COMMON AREA" shall mean all real property and improvements thereon owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows: Section 4. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties, with the exception of the Common Areas. Section 5. "OWNER" shall mean and refer to the record owner, whether one or more persons or entitles, of the fee simple title to any Lot which is part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "DECLARANT' shall mean and refer to Louis and Brenda Steiner, their successors, heirs and assigns, if such successors, heirs or assigns should acquire more than one undeveloped Lot from Declarant for the purpose of development. Section 7. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 8. "DWELLING UNIT' shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 9. "GOLF COURSE" shall mean and refer to the Cherry Lane Village Golf Course, and the real property constituting the same, owned by the city of Meridian and operated as a public golf course by the city of Meridian or its lessee. Section 10. "IRRIGATION WATER SUPPLY SYSTEM" shall mean all real property and improvements thereon and all pumps, pipes and any other conveyancing apparatus and all easement rights for the installation and maintenance of the system by which irrigation water is delivered to each Lot, for the purpose of providing an irrigation water supply to the Owners. Section 1 1. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 12. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage, as mortgage is defined in Section II. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 09l14J95 - jkr V Section 13. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 12, possessing a lien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 11. Section 14. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. ARTICLE II: PROPERTY RIGHTS Section 1. Enjoyment of Common Area: Each owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to charge reasonable maintenance and other fees for the use and maintenance of any landscaping improvement or facility situated upon the Common Area. B. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3 % of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. C. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. ARTICLE III: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Absolute liability is not imposed on Owners/members for damage to Common Areas or Lots in the subdivision. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 Section 2. Votin2 Rights: The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. B. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in said property and Common Area, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including, without being limited thereto, the payment of taxes, domestic water and sewage charges, consulting fees and insurance on all or any part of said properties, improvement and maintenance of the Common Area, and improvements and to pay irrigation water assessments, if any. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 09/14/% Jkr Section 2. Voting Rights: The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or B. On December 31, 2005. Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. B. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in said property and Common Area, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including, without being limited thereto, the payment of taxes, domestic water and sewage charges, consulting fees and insurance on all or any part of said properties, improvement and maintenance of the Common Area, and improvements and to pay irrigation water assessments, if any. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 09/14/95 - Jkr V C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $100.00. 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10 %), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D. Initiation Assessment: Upon the initial conveyance of each lot, the purchaser thereof shall pay an initiation assessment in the amount of $100.00. E. Special Asse ment for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, rovi ed that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. F. Notice and Quorum for Any Action Authorized Under Sections 3C and 3E: Written notice of any meeting called for the purpose of taking any action authorized under Section 3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one- half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 09/14/95 - kr v G. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots and may be collected on a monthly basis. H. Date of Commencement of Annual Assessments: Due Dates: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the initial conveyance of the said Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the. assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. I. Effect of Nonpayment of Assessments; Remedies of Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12 %) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. J. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: 1. All property expressly dedicated to and accepted by a local public authority; 2. The Common Area; 3. All other properties owned by Declarant or the Association; 4. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first; and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 09/14/95 - kr v ARTICLE IV: GOLF COURSE DEVELOPMENT FEE Each Lot is subject to a $650.00 golf course development fee payable to the city of Meridian at the time an application for a building permit for the construction of a residential structure is made to the city of Meridian. The $650.00 will increase annually to reflect interest and cost increases. The purpose of the fee is to provide funds to be used for the development, construction, and expansion of the second nine holes of the golf course located in and/or adjacent to the Properties. By purchasing a Lot, each Owner agrees to pay the said fee to the city of Meridian as provided for herein. ARTICLE V: IRRIGATION WATER SUPPLY SYSTEM Section 1. Irrigation Water Supy: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay any assessments therefore levied by Nampa Meridian Irrigation District . Section 2. Easement for Irrigation Water Supply Sy tem: The Declarant and the Nampa Meridian Irrigation District shall have a permanent easement for the construction, maintenance and repair of the Irrigation Water Supply System and related pumps, pipes, and any other conveyancing apparatus in the public utility easements as depicted on the Plat, together with the right of ingress to and egress from the easement premises over and across the privately owned property of Owners to perform maintenance upon the pump, pipes and other conveyancing apparatus comprising the Irrigation Water Supply System together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, over hanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. ARTICLE VI: EASEMENTS Section 1. Future Easements: The Association shall have the future right to provide for such easements across, upon and under the surface of its Common Area as platted herein as may be reasonably necessary to serve the interests and convenience of the property Owners of this subdivision for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent Dwelling Units be created in favor of any Owner of such encroachment or use if it is detrimental DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 09/14/95 -jkr to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. Easement for Maintenance: Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the Properties and Common Area, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, and perimeter fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use,. occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VH: MAINTENANCE RESPONSIBILITY The Association shall provide maintenance to and be responsible for the Common Areas and improvements thereon, Association -owned street lights and all drainage facilities. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Dwelling Unit and any private decks, fences (if permitted as herein provided), courtyards, landscaping (whether installed by the owner or developer) and lawn contiguous to his Dwelling Unit, except any developer installed perimeter fence constructed around the properties, the maintenance of which shall be performed by the Association. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within one hundred -twenty (120) days of the damage or destruction. ARTICLE VIII: PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lot Use: No Lot, with the exception of the Common Area shall be used except for single-family residential purpose. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations. The Owner of each Lot shall complete construction of a Dwelling Unit as permitted herein within one (1) year after the date of the first conveyance of the Lot to an Owner by Declarant. B. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said property, except that two dogs, cats or other household pets may DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page S 09/14/95 - Jkr be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. C. Garbage and Refuse Disposal: No part of said property shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural Control Committee and shall be kept in a clean and sanitary condition. D. Nuisance: No noxious or offensive or unsightly conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed antennae or satellite dishes shall be erected on the properties. E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said properties. F. Storage of Vehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any Lot nor on public ways or Common Area adjacent thereto, except in fully enclosed buildings or as may be adequately screened from the front and golf course views of the said lot (e.g., by fence and/or landscaping), under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. All other parking of equipment shall be prohibited, except as approved in writing by the Board of Directors of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (T) and eight feet (8') above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight -line limitations shall apply on any Lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. H. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 09/14/95 - Ar provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including a month -to -month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. J. Fences: Fences, including fences around swimming pools, dog runs or other uses, may be permitted under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Architectural Control Committee, which discretion may not be challenged for having been exercised unreasonably. K. Parking Rights: Subject to the provisions of paragraph F. above, any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. L. Mail Boxes: All mail boxes will be of consistent design, material and coloration and shall be located on or adjoining building Lot lines and places designated by Declarant or the Architectural Control Committee. ARTICLE IX: BUILDING RESTRICTIONS Section 1. Building Restrictions: With the exception of Common Area Lots, no buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family dwelling containing a minimum of 1500 square feet of interior living space (if two story, a minimum of 1000 square feet must be on the ground level and 650 square feet on the second level) which may not exceed thirty-two feet (32') in height, and a private garage for two (2) or more motor vehicles containing a minimum of 528 square feet of floor space. Each Dwelling Unit may not be occupied by more than one (1) family. Notwithstanding the foregoing, no Dwelling Unit which exceeds one story in height shall be permitted on any corner lot. Section 2. Setbacks: No building shall be located on any Lot nearer than 20 feet to the front Lot line; nearer than 20 feet to the rear Lot line; or nearer than five feet per story to a side Lot line. On corner Lots, the side yards shall be a minimum of 20 feet on the side abutting the street. Such building setback shall be in effect with the exception of the following: a. All odd -numbered Lots as designated on the plat with the exception of odd - numbered corner Lots, shall have a front setback of at least 25 feet unless specifically waived in writing by the Architectural Control Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 09/I4/95 - Jkr b. The common Lot line between any Lot and the Golf Course shall be designated as the rear Lot line for said Lot. No building shall be located on any such Lot nearer than 30 feet to the rear Lot line, unless specifically waived in writing by the Architectural Control Committee. c. Front, rear and side yard setbacks applicable to Lots 7 through 15, Block 5, The Lake at Cherry Lane No. 3 Subdivision shall be those as are prescribed by the Architectural Control Committee in its sole discretion, which discretion may not be challenged for having been unreasonably exercised. d. In the event of any conflict between the provisions contained in this Section 2, and the ordinances of the city of Meridian, the most restrictive shall apply. Section 3. Construction Requirements: Each Dwelling Unit may have wood siding (redwood, cedar or spruce which may be stained or painted) or a combination of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite siding. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on a portion of the front elevation as may be approved by the Architectural Control Committee. All roofs shall be comprised of wood shake shingles, Architectural 80 shingles or equivalent (as may be approved by the Architectural Control Committee) or tile with a minimum 5/12 pitch. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entryway(s). All driveways must be concrete. Section 4. Landscaping: Within sixty (60) days of the date of occupancy or substantial completion of the Dwelling Unit located thereon (whichever first occurs), each Lot shall be fully landscaped in the front yard (and for corner Lots, the street side yard) with grass (seeded or rolled sod), at least four (4) deciduous trees at least one and one-half (1-1/2) inches in diameter or conifer trees at least six feet in height (two each in the front and street side yards) and twenty (20) 1 gallon and ten (10) 5 gallon shrubs or bushes equally distributed between the front and street side yard all as has been approved by the Architectural Control Committee. In the case of Lots which have a common boundary with the Golf Course, within thirty (30) days of occupancy or completion (whichever first occurs), the rear yard of each such Lot shall be fully landscaped with grass (seeded or rolled sod), at least two deciduous trees at least one and one- half (1-1/2) inches in diameter or conifer trees at least six (6) feet in height and ten (10) 1 gallon and five (5) gallon shrubs or bushes, all as been approved by the Architectural Control Committee. As used herein, the front yard shall include that portion of each Lot to the side of the Dwelling Unit constructed thereon which is between the public right of way and the rear plane of the Dwelling Unit or a fence which extends from the side of the Dwelling Unit to the side lot line. During construction of the Dwelling Unit, there shall be installed in the front yard within ten feet (10') of the front boundary line, a photosensitive pole light designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 60 watts. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 09/14/95 - Jkr ARTICLE X: ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three or more members to be appointed by the Board of Directors of the Association. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. Approvals Required: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built,. constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section 3. Submissions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: A. Two complete sets of plans and specifications, one of which shall be returned to the one making the submission; and B. Manufacture's color samples for all exterior colors, including colors for siding, trim, roof coverings and masonry. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 09/14/95 - ikr Section 4. Rules and Regulations: The Architectural Control Committee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. Section 5. Waivers: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section &. Certification by Secretary: The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 09/14/95 - kr V r 1�).v000133 ( any title company which shall have insured the title thereof, be deemed to be in compliance with all ttir 1 rov;sio ns hucof im!css -) r-t,c` of nonce(' p!iance exccutcd b,. the Ass,,Ciation shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have: been instituted to enforce completion or compliance. Section 9. Construction anc Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental Declaration shall be cieemed waived to the ext :nt necessary to permit such construction and the sale of all Dwelling Units: provided that, during the course of such construction and sales. nothing shall be done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any -individual Dwelling Units owned by it as models for sales purposes. ARTICLE XI: INSURANCE AND BOND Section 1. Types of Insur r; e: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurancZ coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. The Association may secure and maintain at all times the following insurance and bond coverage: A. A multi-rcrii-type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly r,:quircd by private institutional mortgage investors for projects similar in construction., location and use on a replacement cost basis in ar amount not less than one hu-tdred percent (100%) of the insurable value (based upon replacement cost). B. The Association must, if available at a reasonable cost, have a comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in Zhe properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owler because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties' contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. C. The Association may obtain liability insurance affording coverage for the act_-, errors and omissions of its directors and officers, including members of th,: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 09/14/95 - Pkr Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. D. The following additional provisions shall apply with respect to insurance: 1. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. 2. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. 3. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial rating by Best's Insurance Reports of Class VI or better. 4. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. E. The Association shall purchase workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. F. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association funds. ARTICLE XII: CONDEMNATION Section 1. Consequences ofCondemnation: If at any time or times, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award," shall be payable to the Association owing the condemned Common Area. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 09/14/95 - Jkr Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned Common Area equally on a per -Lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each Lot. Each such account shall remain in the name of the appropriate Association and shall be further identified by Lot number and the name of the Owner thereof. From each separate account, the Association, as attorney -in -fact, shall use and disburse the total amount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE XIII: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. B. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. Any management agreement for the properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the contracting Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agreement shall not exceed one (1) year. D. Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: 1. By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this clause.) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 09/14/95 -1kr �/ V 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self -management of the properties. ARTICLE XIV: ANNEXATION Section 1. Time for Annexation: Land Subject to Annexation: Declarant hereby reserves the right to annex the real property described in Exhibit A attached hereto, or any portion thereof, into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XIV. Upon the recording of a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Supplemental Declaration affecting such property), except as may be provided for therein, the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the project; and thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots and Units within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e.g., by a specified vote of only the owners of Dwelling Units within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 09114/95 - Jkr Section 2. Procedure for Annexation: Any of the above described real property may be annexed into the project by the recordation of a Notice of Annexation executed by Declarant and containing the following information: A. A reference to this Declaration, which reference shall state the date of recordation hereof and the Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded; B. An exact legal description of the added land; C. A statement that the provisions of this Declaration shall apply to the added land, except as set forth therein; and D. A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XV: GENERAL PROVISIONS Section 1. Enforcement: The Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3 %) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 09/14/95 - Jkr !6 reserved or created shall be held and exercised by Declarant atone, so long as it owns any interest in any portion of seed property. ,6� WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER Wm. F. GIoRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERic S. RossMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288.2501 December 21, 1998 RE: THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE FFcETvED DEC 23 1998 CITY OF MERIDIAN Pursuant to City Council action of December 1, 1998, I have prepared the original and three copies of the ORDER OF APPROVAL OF PRELIMINARY PLAT in the application of Steiner Development, regarding the above matter. The original document is now ready for the Mayor's signature and date, and after the Mayor's signature had been secured, and the City Clerk's signature secured, the original document should be retained by the City Clerk. Conformed copies should be served upon the Applicant, the Planning and Zoning Department, the Public Works Department, and our office, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly your , Wm. F. Gigray, III Enclosure msg\D:\MyFiles\Meridian City File\Findings2\Letter to Clerk on Order of ApprovaLl22198.wpd Now, Meridian City Council December 1, 1998 Page 3 ITEM NO. 2 FINDINGS OF FACT AND CONCLUSIONS O F LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS — 126 KING STREET: Rountree: Do you have those findings of facts and conclusions? I know that you just received them, do you want to take a few minutes to run through those. Mr. Gigray? Gigray: Mr. President, members of the council, do you wish me to review those with you since you directed me to prepare them at the last meeting? Rountree: Is that your pleasure council, or do you just want to... Gigray: Thank you, Mr. President and members of the council, as a result of the action of the City Council at the last meeting I was directed to prepare findings of fact and conclusions of law in conformance with your decisions which was a denial of the application for a special use permit. We have therefore prepared the findings. Those findings that you have in front of you include in the beginning the findings with regards to notice that was provided and is required under city and ordinance and state law and you find that it was done in accordance with those and those are specified in finding No. 2, finding No. 1 is just taking judicial notice of your own ordinances and Comprehensive Plan. Findings 3 has to do with who the applicant is, record owner is finding 4 the legal description for the property is 5 present land is subject property is residential is finding 6 the proposed use is for a floor covering store with parking area in front and behind the existing garage and so those are findings relative to the proposal. Present zoning in old town is finding 8 property is present occupancy by a home, a nicely landscaped and surrounded by residential use is finding no. 9, that has to do with existing conditions in the area. Finding 10 residents of the immediate neighborhood wish to keep the use of the premises residential and not place a retail store in the middle of a residential neighborhood. Finding 11 that all the property south of King Street between 1st and 2"d is residential except for the hub cap store which is east of 1st Street. Finding 12 has to do with retail stores are allowed in old town as a conditional use. Finding 13 is and this is an important one of your consideration, the proposed use will not be harmonious with and in accordance with a Comprehensive Plan. The subject request for conditional use proposed development relates and is in conflict with the goals and policies and provisions the Comprehensive Plan of the City of Meridian as follows. Then you will see here in finding 13 the listing of numerous provisions of the Comprehensive Plan which are said out here which deal with either commercial development or commercial and retail in residential or next to residential areas and are provisions of the Comprehensive Plan of which form a basis or your decision of denial. Then the conclusions of law which follow that —those findings of fact of course deal with the appropriate state law and city ordinances that deal with your zoning and your conditional use authority and the Comprehensive Plan provisions, which are a part of this decision making. Then that is followed on page 8 by an order of decision of denial and then approval of that order of � J MERIDIAN CITY COUNCIL MEETING: DECEMBER 1 1998 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER: 1 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO.8 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 11/17/98 P & Z INFORMATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: )✓ ,j ADA COUNTY HIGHWAY DISTRICT: �y�J ADA COUNTY STREET NAME COMMITTEE: L CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING DECEMBER 1 1998 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on December 1, 1998 by President Rountree. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Shari Stiles, Malcolm McCoy. Rountree: First item on the agenda this evening is the consent agenda. Anybody wish to discuss those items. Anderson: I would make a motion that we approve all the items on the consent agenda. Bird: Second. Rountree: It's been moved and seconded to approve the items on the consent agenda. Is there any discussion? Hearing no discussion, all those in favor? MOTION CARRIED: All ayes. Rountree: Motion to approve the consent agenda passes unanimously. ITEM NO. 1: REQUEST FOR PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY STEINER DEVEL9PMENT— PORTION OF NW'/4 SEC. 3, T.3N., R.1W: Rountree: Shari, do you have a report for us on what has transpired there? Stiles: Yes President Rountree, commissioners, I did meet with Doug Campbell at Steiner Development yesterday, Mr. Lovan, wasn't able to attend that meeting but I did meet with him this morning. It is my understanding that Mr. Lovan and Mr. Campbell have reached an agreement as to the tiling of the ditch and are working out possible land swap to their mutual benefit and that the ditch will be tiled. Rountree: Okay, any questions? Staff any discussion on this? You have the preliminary plat from last week, the item that is going to be —it was tabled because we had some concerns about whether or not that portion of the lateral adjacent to the subdivision would be tiled or whether or not it would be waved because of the size of the tile required and to work out some arrangements with the golf course. If I understand Shari correctly, the agreement is to the the portion of the eight mile lateral adjacent to Lot 23, 1 believe. That Wally Lovan and Doug Campbell will work out arrangements to accommodate the golf course needs in terms of tiling and club house location on some type of property arrangements outside of the subdivision boundaries. Wally is here if you have any questions for him. M. U Meridian City Council December 1, 1998 Page 2 Gigray: Mr. President and members of the council, for your consideration on any motion if you are going to make the motion for approval subject to conditions, just for clarification because we try to prepare an order as a follow-up to this is that we get information correct. Would we be referring to the conditions as stated under general comments and site specific comments of the Planning and Zoning Administrator and the City Engineer of October 7th Stiles: That is the date of the comments from the public works department and planning and zoning. Rountree: Okay, that will be correct. Any other questions, comments? Bird: I have none. Bentley: None. Anderson: None. Bentley: I would move that we approve the preliminary plat for the Lake at Cherry Lane No. 8 subject to the conditions of P & Z and staff of October 2nd and subject to agreements being worked out between Wally Lovan and Doug Campbell. Bird: Second. Rountree: It's been moved and seconded to approve the preliminary plat for Lake at Cherry Lane No. 8 subject conditions as stated, any discussion? Bentley: That should be October 71h Bird: Not 2nd Rountree: On the reference letter. It's been moved and seconded to approve plat Lake at Cherry Lane No. 8 subject conditions in the October 7th letter. Any discussion? Bird: None. Rountree: All those in favor? MOTION CARRIED: All ayes. Rountree: Motion passed all in favor. Meridian City Council — November 17, 1998 Page 24 Corrie: Motion made by Mr. Rountree second by Mr. Bird to the Findings of Fact and Conclusions of Law on the request as stated. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Does this require a roll call vote? This one might. We can. Let's go back and do a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I want to thank the public for being very patient with us. We're learning more as we go through here. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT — PORTION OF NW % SEC. 3, T.3N., R.1W: Corrie: At this time I will open the public hearing. Staff, comments from Shari Stiles. Stiles: Mr. Mayor and Council this development is basically the same as it was when it was initially proposed by Brighton Corporation. This is the area where the water line does need to be extended to loop to the Ashford Greens property. One item that wasn't discussed at the Planning and Zoning level and I did some more research on it to find out where we were on tiling the ditch. Brighton Corporation had submitted a variance application for the Safford Lateral and the Eight Mile Lateral on properties they had under option at that time. The variance was never acted on and the last discussion that was held at City Council was Councilman Rountree had brought up the fact that this was to be part of the clubhouse area and the parking area and they wanted to figure out exactly how that was going to be developed to make sure that they corrdinated the proper construction on those areas. This what you see on the plat as lot 24, which is the Eight Mile Lateral Easement. That is in fact the area that will be part of the — or was proposed as part of the parking lot for the clubhouse. Now if they just proposed to just fence that off, I think it may provide some problems. I don't know what kind of agreement has been made with Wally Lovan on development of that site, but a variance has not been granted on this. I noticed from Mr. Gigray's note, he said that a variance would need to be applied for and the last indication I had on the variance the tiling of ditches variance was that that did not require a variance application to be filled out. It could be waived by the Council without going through the variance. But if that's changed, let me know. That is 3' Meridian City Counci- November 17, 1998 Page 25 the main issue for this project. I don't know if Gary has some more comments on that. Smith: I have no other comments, Mr. Mayor and Council. Corrie: Any questions for Shari? Rountree: Not at this time. Gigray: Just to clarify you got a copy of my memo. I just ask a question and is it and I think that she's answered that it isn't. I didn't say it was. Corrie: Is there anyone else from the public that would like to issue testimony in favor of this or is the developer is here. Mr. Eddy. CHARLES EDDY 1295 S. EAGLE FLIGHT WAY, BOISE, IDAHO WAS SWORN BY THE CITY ATTORNEY. Eddy: I present to you today, Mayor and City Council members a somewhat unusual project for the Steiner Development Corp. in that it's zoning compliant. Rountree: Can we make a bumper sticker on that? Eddy: The project is in fill between the Lake at Cherry Lane No. 4 and Ashford Greens development. The sewer is already installed. As Shari stated the water line will need to be constructed with this development as well as the curb, gutter and streets. The current zoning is R-4. All the lots meet the minimum standards. In relationship to the common lot, lot 24, I'm not sure which design Shari was referring to with the parking lot. I wasn't aware of any parking being utilized on this particular area. This is part of a —this entire area was broken up into numerous parcels with the golf course and Ashford Greens development. This particular parcel is as you see here was one description. So I'm not quite sure where the parking came from and I know as being involved in trying to figure out where the clubhouse is going to go and where the parking is going to go that we — I went through many iterations on how that was going to come out. As with the tiling of the ditch, it's my experience in the past that the City Council has waived tiling of ditches a number of being used is usually being 48 inches or greater. The size of a pipe required. The Eight Mile Lateral is quite a bit larger than what a 48 inch pipe would hold, and we would request that the tiling of that ditch be waived in accordance with what the City Council has done in the past. I'd be happy to entertain any questions you might have. Bird: I have none. Meridian City CouncT November 17, 1998 Page 26 Rountree: I have a question about the small vicinity map on the plat. The area that's identified as the Lake at Cherry Lane No. 4 Subdivision, the southern portion of that seems to include what now is part of the golf course. Eddy: That is correct in that plat there was a lot that was dedicated to the golf course. I think it's currently number two. Rountree: Yes. And potential location for part of the new clubhouse facilities. I just wanted to get that cleared up. Eddy: I think the part that's directly south of lots 20-23 was probably where the golf clubhouse is going to be. Rountree: We don't have any greens in these lots, do we? Eddy: No, sir, we don't. Rountree: You did this survey? Eddy: Number 4? Yes. Rountree: And the one we have is a point of reference from past development was actually a surveying layout done by Hubble, and it does in fact that area of Eight Mile Drain being incorporated in the area that would be the eventual that whole corner there at the intersection of those two streets. Eddy: Is this the initial preliminary plat that Hubble submitted for this development? Rountree: Yes. Eddy: I could state that that as far as the golf course was concerned and parking and the clubhouse that that went through numerous revisions in working with Wally and trying to get everything to fit in there with parking and the clubhouse. I don't know to be honest I don't know where that finally ended up. I guess Wally would be the one because he was looking out for his best interest in the golf course. Rountree: Well the other issue that related to that and I don't know if it has any bearing on this subdivision or not but I think it may is that there was at least a portion of that Eight Mile Lateral that was to be tiled in order to have continuity between the parking lot and the golf course. As it is now, there is no provision for linking the two. I'll bring that up for discussion later, but can you relate anything to that? Has there been any position stated by your employer on what their desires are for Eight Mile Lateral other than a variance to tile the entire section? Meridian City Council" November 17, 1998 Page 27 Eddy: They would desire not to tile it. And I have not heard any discussions from Wally concerning any type of parking on that and Steiner the Campbells, Bob and Doug have not communicated to me any questions that Wally might have on his parking for the clubhouse. Rountree: Okay that's all I need. Corrie: Questions? Bird: I have none. Bentley: I have none. Corrie: Anyone else from the public who would like to issue testimony in favor of this request? Hearing none, is there anybody from the public who would like to enter testimony in opposition to this? Okay, I'll entertain a motion to close the public hearing. Bird: Mr. Mayor I move we close the public hearing on item number 7. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to close the pubic hearing on item number 7. Any further discussion? Bird: Mr. Mayor I would like to ask staff if the only thing in Planning and Zoning come out was a condition that City Council waives the tiling of the ditch requirement. Was there any other conditions out of staff regarding that? Stiles: The only comments that we have were contained in our memo of October 7tn, 1998. Bird: Is that in our packet? I don't have anything in my packet from October 71n Shari. Yeah, I see it here. Mr. Eddy have you seen that? Stiles: Mr. Eddy has seen it and responded with a letter dated October 13tn 1998. Eddy: You are speaking to the staff comments? Yes, we did receive them and we did respond to them. My only request reading through the comments was number one general comments concern the ditch. (End of Tape) Meridian City Councir- November 17, 1998 Page 28 Stiles: Mr. Mayor and Council on these plats, I guess when we go through these comments, and we have the statement at the beginning of our comments that these conditions should be considered in full unless expressly modified or deleted by motion of the Meridian City Council, we would like that to be a requirement of all of these developments that all staff and agency conditions apply unless they are expressly deleted by motion of the Council. I think it might make it a little — Bird: He say we can't do it. Stiles: Why? Gigray: The City Council is the governing body, not the Planning and Zoning Department. It's the City Council action that set forth approvals or denials or conditions, and that's the way your ordinance states. If you are going to amend your ordinance to provide that staff comments are automatically accepted unless excepted by Council action, we need to modify an ordinance to do that. And I would find that an unusual practice. Bentley: Mr. Mayor I call for a question. Corrie: Question has been called for. All those in favor of the motion say aye. Do I need to remind you what the motion is? Rountree: Please do. Corrie: That's to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: The public hearing is closed. Now this questions and decisions. Bentley: I figured that was happening. Corrie: We'll get the hang of this. So we have a request for preliminary plat for Lake at Cherry Lane No. 8 by Steiner Development. Council what's your pleasure. Rountree: Mr. Mayor, I don't have any difficulty with the preliminary plat per say, but again it gets back to this issue of commitments that have been made and forgotten or commitments that somebody thought were made and have been misconstrued as it relates particularly to the tiling of Eight Mile Lateral and the operation and activities around the future clubhouse at the golf course. I think it has some direct bearing on this plat and/or commitments that may or may not Meridian City Council" November 17, 1998 Page 29 have been made by the previous developer owners. I would like to see those issue resolved because I know they are going to come back to haunt us. And I would like to have that cleared up before I could recommend moving forward with the preliminary and ultimately the final plat. I guess my preference would be that it get done at the preliminary plat stage and that the developer, City Engineer, or Assistant City Engineer has been in some of these meetings with the golf course and the developers, sit down, hear what both the developer and the golf course and the City can best remember have been commitments made. Get that resolved, get it brought back to the Council, so we can get it in the record, and be done with it once and for all for both the benefit of the developer and possibly the city. But if for no other reason we get it on the record and get it done with so it doesn't become as it continues to be a perpetual problem for staff. Some of us Council members that have to listen to it all the time and the developers who are continually getting beat up over the thing, so I would like to consider tabling this and directing the developer and city staff to work with the golf course and resolve the issue as it relates to the operation of the future golf course clubhouse and what may or may not be an official record or promises made as it relates to the tiling of the Lateral and parking and be cleared up and bring it back. We can get that entered into the record and future Councils will at least have something to go by where this particular Council has nothing more than back room agreements and who knows what all that's gone on. It continues to be a mystery. Corrie: Mr. Bentley. Bentley: Mr. Mayor, thank you. I would agree with Councilman Rountree. This has been kind of a nightmarish project from the beginning, and the preliminary plat looks fine to me also, but I could not move on doing this until we have this ditch issue settled as far as whether it does or doesn't play into the parking area. So I would concur with his assessments. Corrie: Further discussion from Council? Bird: I have none. Anderson: I guess I agree with Councilman Bentley. I have no problem with the plat. If this issue is going to affect the clubhouse and the parking, I would like to get that resolved and on record before we vote on this. Corrie: I'll entertain a motion for the table either to the 1 st or the 15th of December if that's so desired. Bird: Mr. Mayor I move that we table item number 7, the Lake at Cherry Lane No. 3 by Steiner for not to go by 45 days and to require the developer, staff and golf course Lessee to work this Eight Mile Lateral problem out, and negotiate the items in accordance with 11-9-604E 5 Municipal Code. Meridian City Council-" November 17, 1998 Page 30 Rountree: I'll second that if you know what it is. Bird: I don't know what it is, but that's what it says here. Corrie: Motion is made by Mr. Bird second by Mr. Rountree that on the motion Mr. Bird. Discussion? Bentley: Mr. Mayor we're going to need a date as what we're going to table it to. But my question to staff is what would the time line be for them to possibly get this ironed out. Stiles: Mr. Mayor and Council we believe we could have a meeting scheduled and have results of that for your meeting on December Vt. Corrie: You can do it by December 1 st Bentley: Then I would make a motion to amend it that it be prepared by December 1st, 1998. Corrie: You are just making a motion that it be done by then. Rountree: I'll second that. Corrie: Motion is made by Mr. Bentley to amend the motion to retable to 12/1/98 and second by Mr. Rountree. Any further discussion? Voting on the amendment motion, all those in favor say aye. MOTION CARRIED: All ayes. Corrie: We do have to vote on the original motion. Okay, all of those in favor of the original motion as stated, say aye. MOTION CARRIED: All ayes. Eddy: Mr. Mayor may I ask a question of City Council? Will the public hearing be reopened on December 1st? Corrie: No. Eddy: And second of all is City Council or Mayor aware of what Mr. Lovan has done in the recent months as to the layout of the clubhouse and the parking? Corrie: As far as I know we haven't heard anything yet, but we hope we do by December 1st V ,' Meridian City Council — November 17, 1998 Page 31 Eddy: Okay, thank you. Rountree: He's got something cooking. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we take a ten minute break. All those in favor of the motion say aye. MOTION CARRIED: All ayes. (TEN MINUTE BREAK) ITEM NO. 8: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS — 126 KING STREET: Corrie: This item was on the agenda for Planning and Zoning Commission and according to the minutes the commission denied their request for their action under 11-2-418A and Hof the Municipal Code. Pursuant to the Municipal Code 11-2-418E there is no public hearing held before the City Council the subject of the property Old Town. Council you have before you an item from Mr. Gigray stating what can and should be done here. The recommendation that he had is decide whether to determine the matter on the record before us and we can make that decision and direct the legal staff to prepare Findings of Fact and Conclusions of Law and the Order of Decision. Or you have the choice to direct that a public hearing be held and provide notice in accordance with the ordinance requirements. So with that in mind, I'll leave it in your capable hands to — Mr. Gigray do you have any further comment on this? Gigray: Mr. Mayor and members of the Council I just tried to provide this informational memo and it addresses procedure only, and for those in attendance this isn't a comment at all on regarding any of the facts presented with this conditional use permit application. Because there are no Findings of Fact and Conclusions of Law to adopt in this instance, you have as I understand it, I think you need to identify what record there is here that you would make your decision upon. If you seek to make a decision without a public hearing, and then you would deliberate on that information and announce what your decision is and direct me to prepare Findings of Fact and Conclusions of Law and Order of Decision. Bentley: Mr. Gigray so what you are telling me is these don't exist then. MERIDIAN PLANNING AND ZONING MEETING: October 13, 1998 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER: 17 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO.8 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTA SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS bwp V" FROM SCIENCE I All Materials presented at public meetings shall become property of the City of Meridian. U3?q h6rK Jrtic Ls — " j `J1 111 pq vn a vywU k , v HUB OF TREASURE VALLEY 1--� Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator^ LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 October 7, 1998 Re: THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION (Request for Preliminary Plat Approval by Steiner Development, Inc.) 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, or lateral users association, 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 and/or septic systems 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney. 5. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Lake at CL No&doc Mayor, Council and P&Z October 7, 1998 Page 2 8. Indicate on the fmal plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 9. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.M. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS Sanitary Sewer service to this site will be via the existing main that traverses through the development. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. 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. 3. Indicate any existing ditch easements on the preliminary plat map, including location and width. 4. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant has indicated that the pressurized irrigation system within this development is to be a continuation of the existing system owned and maintained by the Nampa & Meridian Irrigation District. 6. Please show all improvements on the preliminary plat map, ie. Curb, gutter and sidewalks Lake at CL No8-doc ** TX STATUS REPORT ** AS OF OCT 07 '98 15:20 PAGE.01 DATE TIME TO/FROM 27 10/07 15:19 209 37e 0025 ------------------------------- PUBLIC WORKS MODE MIN/SEC PGS CMD9 STATUS EC--S 00'41" 002 005 OK Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT fo nc'1 Member CITY OF MERIDIAN CHARLES ROUNTREE PUBLIC34-4264 WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888.4433 • Fax (208) 887-4813 PLANNING AND ZONING KE►TH BIRD DEPARTMENT (208)884-5533 MEMORANDUM: October 7, 1998 To: Mayor, City Council, Planning & zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrators Re: THE LAKE AT CHERRY LANE NO. 8 SUBDIVISION (Request for Preliminary Plat Approval by Steiner Development, Inc.) We have reviewed this submittal and ot%r 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, or lateral users association, 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 and/or septic systems 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney. 5. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.13 6• Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. I..Eo as cL No&dm _ HUB OF TREASURE VALLEY _ Mayor _ LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887_22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 84E� PLANNING AND ZONING KEITH BIRD DEPARTMENT SEP 16 1998 (208) 884-5533 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: PORTION OF NW'/4 SEC. 3, T.3N., RAW., TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 CITY FILES 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 G (PRELIM & FINAL PLAT) BUREAU OF REC TI N(PRELIM & FINAL YOUR CONCISE REMARKS: m rr HUB OF TREASURE VALLEY y Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 881-4264 Council Members CITY. OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-ff CETVE�ANNING AND ZONING j1 �� KEITH BIRD DEPARTMENT(208) 884-5533 SEP 17 1998 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13,199 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: PORTION OF NW'/4 SEC. 3, T.3N., RAW. TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 CITY FILES 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 YOUR CONCISE REMARKS: q, / (0 ` ! f L-2 Lam- -ci- 4- L/ C r LR HUB OF TREASURE VALLEY F C h � RIE A Good Place to Live LEGAL DEPARTMENT CITY OF MERID AN 1998 4 CHARLES ROUNTREE PUBLIC WORKS 33 EAST IDAHO -,I�T A �rBUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 _ (208) 887-22 11 RON ANDERSON Phone (208) 888-4433 • Fax (208 �°�f_T' KEITH BIRD PLANNING AND ZONING SEP 6 199� DEPARTMENT Citl (208) 884-5533 P�1aI�a sintec��t � ate Sipe TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 15 1998 HEARING DATE: October 13 1998 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: PORTION OF NW % SEC. 3 T.3N. R.1 W. TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MARK NE ON, P/Z , P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, Z ADA COUNTY HIGHWAY DISTRICT _KEITH SMITH, P/Z ADA PLANNING ASSOCIATION ____KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _RON AN ERSON,CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _KEITH E D, C/C EE, C/C IDAHO POWER CO -(PRELIM & FINAL PLAT) _KLEN BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, ENC/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT BUREAU OF RECLAMATION PRELIM & FINAL _ _BUILDING DEPARTMENT _FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER — -� _CITY PLANNER CITY FILES l� 1 moo RECEIVED J SUPERINTENDENT Christine H. Donnell September 18, 1998 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: The Lake at Cherry Lane No. 8 Dear Councilmen: We have reviewed the plat for The Lake at Cherry Lane No. 8 and find that it includes approximately 15 homes assuming a median value of $110,000. This development is located in census tract 103.10 and in the attendance zone for Linder Elementary School, Meridian Middle School and Eagle High School. We can predict that these homes, when completed, will house four elementary aged children, four middle school aged children, and five senior high aged students. As you know, even small developments such as The Lake at Cherry Lane Subdivision No. 8 will eventually cause overcrowding in all three schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. As a result of continued growth in the Meridian School District we would appreciate any help in locating and purchasing additional school sites within our school boundaries. At this time we will approve this subdivision but once again would appreciate any help with the constant growth in our school district. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • wally Hedrick • Holly Houtburg • David wynkoop • Steve Mann SU.wIVISION EVALUATION •ovlEET RErE ED Proposed Development Name THE LAKE AT CHERRY LANE NO.8 City Meridiarf" 2 5 1998 Date Reviewed 09/24/98 Preliminary Stage XXX Final ChX OF MERIDIAN Engineer/Developer .Pacific Land Surveyors / Steiner The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat "W. USTICK ROAD" "N. BLACK CAT ROAD" W. TALAMORE BLVD." "W. HARBOR POINT DRIVE" Uhl, OAK fiPdAY" A\] C W. TETER STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGEN DESIGNEES CYREPRESENTATIVES OR n �� )� Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative --J Date Date - c-) - Date q-2 �l — Date " 2 -C/d NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Sub Index Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRMJ {,lC� CP, CENTRAL DISTRICT HEALTH DEPARTMENT Rezone ## CEMnAL DISTRICT HEALTH DEPA"ENT Environmental Health Division Conditional Use # !relimina /Final /Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City ® Meridian ❑ Kuna ❑ ACz ❑ 1. We have No Objections to this Proposal. SEP 2 9 1998 r ❑ 2• We recommend Denial of this Proposal. CITY OF MERIDIAN ❑ 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. ❑ 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 ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,Rj central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water 0 9 The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ® central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines © central water RunJoff is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 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 Date: 6?/ < / eviewed By: CDND I0/91 «e, «r. 1/97 Review Sheet - �. A i ta..t T J A] H p4 — 1 �1 h 7 � �l �" I io 3' ,i k �•«' Y 7 1�' x y����i-y��.��p�/^�� t H- 91wo C_=1 # a"hLs..f.�at•`i,,,^o r _ _ nil 41 .avm,'aM � Y ���' ,�:�;",.�a•arm:sw[x#1`�R.ianar:.•m...�-x^:�assra. +.s.:c-uM6: v�+^•:,we.wm'Kis,'2"'a��ra �+Pi��s _ �. 1-�V. ;S,fa C, '3�'� ..- .. f - ,p#.�l.,e..�} ti{t - 'q•��}tk�,Yt .!iieU':?C`v{8i1,.w.- :3 ,1�i:.. 'i .f I.'?: !"ti t7't.' �:'.•�f �Y�s r Ell .t'C1BCYi1�.3('1,'1C33'R3lEYt°tSQ:H$;:'Y�/°`:i7i3{:avk`tY,titt�u;iLlt4i13ilJ.t3,,j-..JF3C,r:1ti,.'u:.:)yU>3iWvey�1 ":!.JaSyL _ C.? . Wtrtt tl tt a? 9 ry ^k:is.a ;520>tt :.}„ to znoi iibnri I;o '. ;`: t e; ^> - lsb ar f ia.3 i, '..' 'F" `% ,•se _ 4, to ';'3'C.gb BfrY gftll l-l%oota ii9' " .'. il3it? a U,r'`' t .t1 's,N.i' (£Pvr{a. i `i "m grit; k3 ^:i t r ':�3 ' "si: • _ ..--... woo .st..... � .. i! {.' 1 } i ai Q � it2; Kta tt3a'/W13k2<9f fin' i 1R' : -"At luz :>� tiri'sti~*z soa fl r n?n,s rt-:� z aiUO2-44 a, digA :. ! aI_vr 4.•,^e..-.l :itJ t,: J',IL )'i/ifr11'"-' ._` Rrifir"G t rtf"xlitl . -,s7s+.v Ksir 9rttoa ' :. ml , xJ£w 'n..rU Yi. i•,�.i '?i�'r'd 4" r��Prs.... �.nt tL lilss tl. to Jn:'h. �!". 2i>. 3i.. _, t�.`-:. iA :;)d-t .: fj,, o-lq.#s bss j °.�; limit'°Jt:i L. -ity S;"` 'i r�1{bfl�`7`-♦ -'14SS'dV °t`3!ttt1Cl9tdtCr'9 L_j 43�..Ms32 �} ` y W410 e6i 7� v-, .' 1;-)1<:js. t3 .r.".`.-t r�t.� {.%J. ti� l..:eli rq ,v l ft ti9t9a ll bst�lm^liaeb ad ns:) lsi,,w biwloig. ifan� .> lll;i i l4n�t .f,; t 3. 7 , n°srsssx?«�� n: �r17't�9�00 �iHT stisw3 37s3L C1+i$bl lC t: - r )�YzYt at,vasA ,rSx�I3:iVIJr*3� (�' t j�{ a \.'v .ins Y A,j ':.Olvf i y, sty. 6 'MY ~ I"t: +{-i� '_'tV: 2rifti `.. ., ..� i�i� `a' r �. --. ..__J i Ao €grim°r f c!&r s n} ' .i #C9'Mm) t@ E CENTRAL O• DISTRICT "HEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Im m u n izc tic n s: 3 2 7-7450 Senior Nutrition. 327-7460 WIC327-7488 FAX. 327-8500 Serving valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph.334-3355 FAX:334-33552P Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Famlly Health: 587-4407 WIC: 587-44C9 ® FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID, 83638 Ph.634-7194 FAX: 634-2174 22 September 1998 L..• IZECEIV-EI) SEP 2 4 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: Preliminary Plat for The Lake at Cherry Lane No. 8 - Steiner Development Dear Commissioners: The Nampa & Meridian Irrigation District's Eightmile Lateral courses along the northeast portion of the project. The right-of-way of the Eightmile Lateral is 50 feet; 25 feet from the center each way. Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. 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. Contact Donna Moore at 466-7861 for further information. 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 NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 22 September 1998 SHOP: Nampa 466-0663 Cppy Keith L. Jacobs, Jr., P.E. Pacific Land Surveyors 1295 S. Eagle Flight Way Boise, ID 83709 RE: Land Use Change Application for The Lake at Cherry Lane No a Sub. Dear Keith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Please disregard the questionnaire if you are not planning a pressure urban irrigation system. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Z 6� � 22 September 1998 Keith L. Jacobs, Jr., P.E. Page 2 of 2 If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, / 1444-,01- - �f, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Steiner Development City of Meridian enc. 09/24/98 THU 10:32 FAX HUB OF TREASURE VALLEY -- M Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT:_ PORTION OF NW'/4 SEC. 3, T.3N., RAW., TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 ___L1TY_;:H FS MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT --�r 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 YOUR CONCISE REMARKS: SEP 2 4 1998 CM OF MEJULLN We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams —T—W Qc--t>A-m s Idaho Power 322-2047 SEP 24 '98 11:34 PAGE.01 �.j --.-e ASSOCIATED EARTH SCIENCESWIC. BIOLOGY • GEOLOGY • ENGINEERING • SOIL SURVEYS • SOIL AND WATER QUALITY • RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd Suite 516 Boise Idaho 83705 (208) 336-8661 Keith Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, ID 83704 Dear Keith: August 21, 1998 R-+ CEIvEID AUG 3 1 1998 CITY OF MERIDIAN The soil physical properties and internal soil drainage conditions were examined in three representative test holes on the Lake at Cherry Lane No. 8 Subdivision. The test holes were logged where potential storm drainage facilities may be installed. Field notes for the test holes and a plat map of the property are attached. The approximate location of the test holes are shown on the plat map. Test hole No. 1 (TH1) currently has water seeping on the test hole sides at a 107" depth. Water elevated to a 116" depth below the ground surface. Test hole No. 2 (TH2) currently has water seeping on the test hole sides at a 95" depth. Water elevated to within 92" of the ground surface. Test hole No. 3 (TH3) currently has water seeping on the test hole sides at a 108" depth. Water elevated slowly to within 132" of the ground surface. I do not believe the groundwater will rise higher than where it is seeping in on the test hole walls because the irrigation season has pretty well peaked. If you have any questions about this report, please call (208) 336-8661, office, or (208) 375- 7565, home. Sincerely, Glen H. Logan Certified Professional Soil Scientist _Z J W w a �jjj���r�jt3t d�33��E� r E�•�igz', 1ci z ETJ Qo 0 A N I I-----t---1 i- z W z Q J W 2 U Q W Y Q J W I i w-aa a I . 1 Y 1 ] . fill rid ME �K I � V 1 I � i I I 3 ,l� � 1 I ``S ?1 I ` 1 SENT BY: 10-13-08 ; 4:08PM POWER ENGRS BOISE 208 887 4813;# 2/ 3 /o -/3-9� 1295 S. eagle Highr Way Buuc. ID R3709 (209) 17R-6387 Pax (208) 378-0025 October 13. 1998 RFcE' v ED 0 C T 13 1998 Mayor and City Council Pluming and Zoning Commission CITY OF MERIDIAN City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549429-01 The Lake At Cherry Lane No. 8 Subdivision Request for Preliminary .Plat Approval by Steiner Development, Inc, Dear Mayor and City Council. Planning and Zoning Commissiou: This letter is in response to the comments by your staff o,i the preliminary plat of The Lakc at Cherry Lane No. 8 Subdivision. GENERAL COMMENTS 1. The Eight Milli Lateral crus,iug the propert� is proposed to remain open because historically this ditch has remained open. By leaving the ditch open, it will lend to the aesthetics of the golf course. Therefore, the ditch will not be piped in accordance with City Ordinance Section 11-9-605.M with the development of The lake at Cherry Lane No. 8 Subdivision, A fence will be constructed between Lot 24, the common lot, and Lot 23, a residential lot, to separate the residential lot from the lateral and lateral access roadway, 2. The property being developed as The Lake at Cherry Lane No. 8 Subdivision does not have any wells or septic tanks on it. 3. The seasonal high groundwater elevation and profile of the subsurface roil conditions report prepared by a soil scientist was submitted with the preliminary plat application. 4. A copy of the proposed restrictive eovenanrs and/or deed restrictions will be submitted to the Meridian City Attorney for review, 5. Fivc-foot-wide sidewalks will be constructed along the street frontages of the lots in accordance WWI City Ordinance Section I 1-9-606.B. 6. 'rhe revised preliminary plat will be corrected according to the Ada County Street Name Committee's review dated September 24, 1998. A copy of the Ada County Street Name Committee's final approval letter will be submitted to the Meridian Public Works Department when the final plat mylar is submitted for the City Engineer's signature. The final plat will be revised to conform to the Ada County Street Name Committee's final approval letter. PLS-001 Stt-N7 N611C Land Surveyor`, a divieinn ar P<)WHR Rngineers, Inc., au Idaho Corporation OCT 13 '98 16:21 208 378 0025 PAGE.02 SENT BY: 10-13-38 : 4:08PM POWER ENGRS BOISE 208 887 4813:# 31 3 City ofMeridiart January 5, 1998 Page 2 7. Fire hydrant locations will be coordinated with the Meridian Public Works Department in the development plan approval process. 8. This subdivision is not within s FEMA Flood Plain area. Please reference FIRM map Panel 1 of 4, Community -Panel Number 160180 0001 A dated September 27, 1991. 9. The purpose of this letter is to address the items contained in the memorandum by Mr. Bruce Freckleton and Ms. Shari Stiles dated October 7, 1993, Ten revised preliminary plat copies will be submitted to the City Clerk's office one week prior to the Meridian City Council hearing. SITE SPECIFIC ,4UMMEN`1"S 1. Sanitary sewer service to this prgjoct will be provided by an existing system constructed during the development of The Uake nt Chevy Lane No. 4 Subdivision, Phase I. 2. Water service to the project will he provided by connecting the 4Nistinrg systems in The Lake at Cherry Lane No. 4 Subdivision, Phase 1 and Ashford Greens Subdivision. 3. The Eight Mile Lateral Casement is the only Birch easement within this project and will be shown on the revised preliminary plat. 4. One -hundred -watt, high-pressure sodium street lights will be installed at the locations designated by Meridian Public Works Deparhnent. The street lights will be installed at the dcvcloper's expense. 5. Pressure irrigation is an extension of the system owned and maintained by Nampa & Meridian Irrigation District that serves The Lakes at Cherry Lane No. 3 through 7 subdivisions, Fireside Subdivision and Englrwvood Subdivision. The %vatcr source is the Nine Mile Drain near Ten Mile Road. 6. The revised preliminary plat will show all ilrlprovemcnts such as curb, gutter, and five -foot -wide sidewalk. Thank you for your time and consideration. KU cc; Doug Campbell, Steincr Development. Inc: Pt,s40 -Xaan Sinccrcly, Pacific land Surveyors, a division of POWER Engineering Inc. Keith L. Jacobs, Jr., P. E. OCT 13 '98 16:21 208 378 0025 PAGE.03 SENT BY: 10-13-88 4:07PM POWER ENGRS BOISE 208 887 4813:t 1/ 3 PACIFIC LAND SURVEYORS 1295 SOUTH EAGLE FLIGHT WAY BOISE, IDAHO 83709 r TELEPHONE (208) 378-6387 FAX (208) 378-0025 TO: FROM: JOB NO.: FAX NO.. fi919- L913 DATE: GD11�19� PAGE 1bFF" TIME SENT 10 /n SUBJECT: Padlk Land Surveyors, a division of POWER Eninneers, inc., an Idaho Curporation OCT 13 '98 16:20 208 378 0025 PAGE.01 mew► ma's I)1)5i6j7 J City Council Mee tin : December 1, 1998 Agenda Item No. Request: Preliminary Plat Approval § § 11-9-603-604 Municipal Code To: Mayor and City Council From: City Attorney, Bill Gigray Procedure: R,FCErvED D E C - 1 1998 CITY OF MERIDIAN Public Hearing: Administrator shall report on the status of the application which should include [§§11-9-603-604]: 1. That a completed application for preliminary plat has been submitted and it includes all of the requirements of a preliminary plat application and is in conformance with the City's zoning and Subdivision ordinances; and 2. Whether application is part of a series of subdivision applications and or whether any other applications for permits such as variance, or conditional use permit etc. are required; and 3. Why the proposed development is or is not in conformance with the Comprehensive Plan; and 4. Describe the preliminary plat location and the circumstances of the vicinity and specify whether or not there are urban services available to accommodate the proposed development, whether or not the application is in continuity within the City's Capital improvement program, whether or not there is public financial capability of supporting services for the proposed development and any health, safety, or environmental problems that are associated with the development; and 5. Review the action and recommendation of the Planning and Zoning Commission; and 6. Specify any special conditions or recommendations of conditions of approval. Applicant response to the Administrator's report. Any other public input. Deliberation and possible action by City Council: _. k � +r The Council must consider the requirements of the City's subdivision ordinance; and Whether or not the proposed development is or is not in conformance with the Comprehensive Plan; and whether or not there are urban services available to accommodate the proposed development, whether or not there is continuity of the proposed development within the City's Capital improvement program, and whether or not there is public financial capability of supporting services for the proposed development; and Whether or not there are any health, safety, or environmental problems that are associated with the development; and Possible action by the City Council: Continue the public hearing and order the negotiation of items of the Preliminary Development Plan pursuant to § 11-9-604E 5 of the Municipal Code ( note 45 day limit) ; or Deny the application because: the proposed development does not conform with the comprehensive plan and/or does not comply with the subdivision and or zoning ordinance requirements or urban services are not available and/or it is not in continuity to the City's Capital improvement program and/or there isn't public financial capability to support services and/or there are health, safety, and/or environmental problems Approve the preliminary plat subject to conditions which should be specified; or Approve without conditions. Form of Motion: I move that the City Council: 1. [approve, conditionally approve, deny, continue (45 day max)] the preliminary plat (identify the plat submitted for approval) [and that the conditions of approval are:(specify)] 2. That the City Attorney prepare the appropriate Order in conformance with this decision; and 3. That the Mayor be empowered to sign the same as a ministerial act necessary to carry out this decision; and 4. That the City Clerk serve a copy of the Findings and `.. Order upon the Applicant, the Planning and Zoning Director, and any interested party requesting notice of decision. [note on order to include approval period language of § 11-9-604 F (1)-(3)] City Council Meeting : December 1, 1998 Agenda Item No. Request: Final Plat �pproval § 11-9-604 Municipal Code To: Mayor and City Council From: City Attorney, Bill Gigray Procedure: Council action without Public Hearing: Procedure: Administrator shall report on the Administrator's review of the Final Plat which should include [§ 11-9-604]: 1. That a completed application for Final Plat has been submitted that includes all of the requirements of a final plat application and is in conformance with the City's zoning and Subdivision ordinances; and 2. The final plat meets with all of the requirements of the approved or conditionally approved preliminary plat; and 3. A review of concerns raised by concerned persons or agencies; and 4. Specify any special conditions or recommendations of conditions of approval. Possible action by the City Council: Deny the application because the proposed Final does not include all of the requirements of a final plat application and/or is not in conformance with the City's zoning and Subdivision ordinances and/or has not met all of the requirements of the approved or conditionally approved preliminary plat, Meridian City Count_ November 17, 1998 Page 24 Rountree: Mr. Mayor we've seen this application I think it was two additional times in the past and I think it's something that we had general agreement on and passed on to Shari thank you for seeing the need to do this in assisting the developer in this particular situation. Having said that I would move that City Council amend the Findings of Fact and Conclusions of Law number 13 and 14 of the annexation and zoning of the subject property and that the development agreement dated April 29t', 1997 be amended to reflect that change. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to the Findings of Fact and Conclusions of Law on the request as stated. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Does this require a roll call vote? This one might. We can. Let's go back and do a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I want to thank the public for being very patient with us. We're learning more as we go through here. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT — PORTION OF NW'/ SEC. 3, T.3N., R.1W: Corrie: At this time I will open the public hearing. Staff, comments from Shari Stiles. Stiles: Mr. Mayor and Council this development is basically the same as it was when it was initially proposed by Brighton Corporation. This is the area where the water line does need to be extended to loop to the Ashford Greens property. One item that wasn't discussed at the Planning and Zoning level and I did some more research on it to find out where we were on tiling the ditch. Brighton Corporation had submitted a variance application for the Safford Lateral and the Eight Mile Lateral on properties they had under option at that time. The variance was never acted on and the last discussion that was held at City Council was Councilman Rountree had brought up the fact that this was to be part of the clubhouse area and the parking area and they wanted to figure out exactly how that was going to be developed to make sure that they corrdinated the proper r f Meridian City Councm November 17, 1998 Page 25 construction on those areas. This what you see on the plat as lot 24, which is the Eight Mile Lateral Easement. That is in fact the area that will be part of the — or was proposed as part of the parking lot for the clubhouse. Now if they just proposed to just fence that off, I think it may provide some problems. I don't know what kind of agreement has been made with Wally Lovan on development of that site, but a variance has not been granted on this. I noticed from Mr. Gigray's note, he said that a variance would need to be applied for and the last indication I had on the variance the tiling of ditches variance was that that did not require a variance application to be filled out. It could be waived by the Council without going through the variance. But if that's changed, let me know. That is the main issue for this project. I don't know if Gary has some more comments on that. Smith: I have no other comments, Mr. Mayor and Council. Corrie: Any questions for Shari? Rountree: Not at this time. Gigray: Just to clarify you got a copy of my memo. I just ask a question and is it and I think that she's answered that it isn't. I didn't say it was. Corrie: Is there anyone else from the public that would like to issue testimony in favor of this or is the developer is here. Mr. Eddy. CHARLES EDDY 1295 S. EAGLE FLIGHT WAY, BOISE, IDAHO WAS SWORN BY THE CITY ATTORNEY. Eddy: I present to you today, Mayor and City Council members a somewhat unusual project for the Steiner Development Corp. in that it's zoning compliant. Rountree: Can we make a bumper sticker on that? Eddy: The project is in fill between the Lake at Cherry Lane No. 4 and Ashford Greens development. The sewer is already installed. As Shari stated the water line will need to be constructed with this development as well as the curb, gutter and streets. The current zoning is R-4. All the lots meet the minimum standards. In relationship to the common lot, lot 24, I'm not sure which design Shari was referring to with the parking lot. I wasn't aware of any parking being utilized on this particular area. This is part of a —this entire area was broken up into numerous parcels with the golf course and Ashford Greens development. This particular parcel is as you see here was one description. So I'm not quite sure where the parking came from and I know as being involved in trying to figure out where the clubhouse is going to go and where the parking is going to go that we — I went through many iterations on how that was going to come out. As with the Meridian City Counff November 17, 1998 Page 26 tiling of the ditch, it's my experience in the past that the City Council has waived tiling of ditches a number of being used is usually being 48 inches or greater. The size of a pipe required. The Eight Mile Lateral is quite a bit larger than what a 48 inch pipe would hold, and we would request that the tiling of that ditch be waived in accordance with what the City Council has done in the past. I'd be happy to entertain any questions you might have. Bird: I have none. Rountree: I have a question about the small vicinity map on the plat. The area that's identified as the Lake at Cherry Lane No. 4 Subdivision, the southern portion of that seems to include what now is part of the golf course. Eddy: That is correct in that plat there was a lot that was dedicated to the golf course. I think it's currently number two. Rountree: Yes. And potential location for part of the new clubhouse facilities. I just wanted to get that cleared up. Eddy: I think the part that's directly south of lots 20-23 was probably where the golf clubhouse is going to be. Rountree: We don't have any greens in these lots, do we? Eddy: No, sir, we don't. Rountree: You did this survey? Eddy: Number 4? Yes. Rountree: And the one we have is a point of reference from past development was actually a surveying layout done by Hubble, and it does in fact that area of Eight Mile Drain being incorporated in the area that would be the eventual that whole corner there at the intersection of those two streets. Eddy: Is this the initial preliminary plat that Hubble submitted for this development? Rountree: Yes. Eddy: I could state that that as far as the golf course was concerned and parking and the clubhouse that that went through numerous revisions in working with Wally and trying to get everything to fit in there with parking and the clubhouse. I don't know to be honest I don't know where that finally ended up. I guess Wally t r V Meridian City Councw- November 17, 1998 Page 27 would be the one because he was looking out for his best interest in the golf course. Rountree: Well the other issue that related to that and I don't know if it has any bearing on this subdivision or not but I think it may is that there was at least a portion of that Eight Mile Lateral that was to be tiled in order to have continuity between the parking lot and the golf course. As it is now, there is no provision for linking the two. I'll bring that up for discussion later, but can you relate anything to that? Has there been any position stated by your employer on what their desires are for Eight Mile Lateral other than a variance to the the entire section? Eddy: They would desire not to tile it. And I have not heard any discussions from Wally concerning any type of parking on that and Steiner the Campbells, Bob and Doug have not communicated to me any questions that Wally might have on his parking for the clubhouse. Rountree: Okay that's all I need. Corrie: Questions? Bird: I have none. Bentley: I have none. Corrie: Anyone else from the public who would like to issue testimony in favor of this request? Hearing none, is there anybody from the public who would like to enter testimony in opposition to this? Okay, I'll entertain a motion to close the public hearing. Bird: Mr. Mayor I move we close the public hearing on item number 7. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to close the pubic hearing on item number 7. Any further discussion? Bird: Mr. Mayor I would like to ask staff if the only thing in Planning and Zoning come out was a condition that City Council waives the tiling of the ditch requirement. Was there any other conditions out of staff regarding that? Stiles: The only comments that we have were contained in our memo of October 7th. 1998. Bird: Is that in our packet? I don't have anything in my packet from October 7tn Shari. Yeah, I see it here. Mr. Eddy have you seen that? t r M -. Meridian City Counts, November 17, 1998 Page 28 Stiles: Mr. Eddy has seen it and responded with a letter dated October 13`h 1998. Eddy: You are speaking to the staff comments? Yes, we did receive them and we did respond to them. My only request reading through the comments was number one general comments concern the ditch. (End of Tape) Stiles: Mr. Mayor and Council on these plats, I guess when we go through these comments, and we have the statement at the beginning of our comments that these conditions should be considered in full unless expressly modified or deleted by motion of the Meridian City Council, we would like that to be a requirement of all of these developments that all staff and agency conditions apply unless they are expressly deleted by motion of the Council. I think it might make it a little — Bird: He say we can't do it. Stiles: Why? Gigray: The City Council is the governing body, not the Planning and Zoning Department. It's the City Council action that set forth approvals or denials or conditions, and that's the way your ordinance states. If you are going to amend your ordinance to provide that staff comments are automatically accepted unless excepted by Council action, we need to modify an ordinance to do that. And I would find that an unusual practice. Bentley: Mr. Mayor I call for a question. Corrie: Question has been called for. All those in favor of the motion say aye. Do I need to remind you what the motion is? Rountree: Please do. Corrie: That's to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: The public hearing is closed. Now this questions and decisions. Bentley: I figured that was happening. t r V V Meridian City Councrr November 17, 1998 Page 29 Corrie: We'll get the hang of this. So we have a request for preliminary plat for Lake at Cherry Lane No. 8 by Steiner Development. Council what's your pleasure. Rountree: Mr. Mayor, I don't have any difficulty with the preliminary plat per say, but again it gets back to this issue of commitments that have been made and forgotten or commitments that somebody thought were made and have been misconstrued as it relates particularly to the tiling of Eight Mile Lateral and the operation and activities around the future clubhouse at the golf course. I think it has some direct bearing on this plat and/or commitments that may or may not have been made by the previous developer owners. I would like to see those issue resolved because I know they are going to come back to haunt us. And I would like to have that cleared up before I could recommend moving forward with the preliminary and ultimately the final plat. I guess my preference would be that it get done at the preliminary plat stage and that the developer, City Engineer, or Assistant City Engineer has been in some of these meetings with the golf course and the developers, sit down, hear what both the developer and the golf course and the City can best remember have been commitments made. Get that resolved, get it brought back to the Council, so we can get it in the record, and be done with it once and for all for both the benefit of the developer and possibly the city. But if for no other reason we get it on the record and get it done with so it doesn't become as it continues to be a perpetual problem for staff. Some of us Council members that have to listen to it all the time and the developers who are continually getting beat up over the thing, so I would like to consider tabling this and directing the developer and city staff to work with the golf course and resolve the issue as it relates to the operation of the future golf course clubhouse and what may or may not be an official record or promises made as it relates to the tiling of the Lateral and parking and be cleared up and bring it back. We can get that entered into the record and future Councils will at least have something to go by where this particular Council has nothing more than back room agreements and who knows what all that's gone on. It continues to be a mystery. Corrie: Mr. Bentley. Bentley: Mr. Mayor, thank you. I would agree with Councilman Rountree. This has been kind of a nightmarish project from the beginning, and the preliminary plat looks fine to me also, but I could not move on doing this until we have this ditch issue settled as far as whether it does or doesn't play into the parking area. So I would concur with his assessments. Corrie: Further discussion from Council? Bird: I have none. Meridian City Councr— November 17, 1998 Page 30 Anderson: I guess I agree with Councilman Bentley. I have no problem with the plat. If this issue is going to affect the clubhouse and the parking, I would like to get that resolved and on record before we vote on this. Corrie: I'll entertain a motion for the table either to the 1st or the 15tt' of December if that's so desired. Bird: Mr. Mayor I move that we table item number 7, the Lake at Cherry Lane No. 3 by Steiner for not to go by 45 days and to require the developer, staff and golf course Lessee to work this Eight Mile Lateral problem out, and negotiate the items in accordance with 11-9-604E 5 Municipal Code. Rountree: I'll second that if you know what it is. Bird: I don't know what it is, but that's what it says here. Corrie: Motion is made by Mr. Bird second by Mr. Rountree that on the motion Mr. Bird. Discussion? Bentley: Mr. Mayor we're going to need a date as what we're going to table it to. But my question to staff is what would the time line be for them to possibly get this ironed out. Stiles: Mr. Mayor and Council we believe we could have a meeting scheduled and have results of that for your meeting on December 1st Corrie: You can do it by December 1st Bentley: Then I would make a motion to amend it that it be prepared by December 1st, 1998. Corrie: You are just making a motion that it be done by then. Rountree: I'll second that. Corrie: Motion is made by Mr. Bentley to amend the motion to retable to 12/1/98 and second by Mr. Rountree. Any further discussion? Voting on the amendment motion, all those in favor say aye. MOTION CARRIED: All ayes. Corrie: We do have to vote on the original motion. Okay, all of those in favor of the original motion as stated, say aye. MOTION CARRIED: All ayes. r Meridian City Counc November 17, 1998 Page 31 Eddy: Mr. Mayor may I ask a question of City Council? Will the public hearing be reopened on December 1 "? Corde: No. Eddy: And second of all is City Council or Mayor aware of what Mr. Lovan has done in the recent months as to the layout of the clubhouse and the parking? Corrie: As far as I know we haven't heard anything yet, but we hope we do by December 15t Eddy: Okay, thank you. Rountree: He's got something cooking. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we take a ten minute break. All those in favor of the motion say aye. MOTION CARRIED: All ayes. (TEN MINUTE BREAK) ITEM NO. 8: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS —126 KING STREET: Corrie: This item was on the agenda for Planning and Zoning Commission and according to the minutes the commission denied their request for their action under 11-2-418A and Hof the Municipal Code. Pursuant to the Municipal Code 11-2-418E there is no public hearing held before the City Council the subject of the property Old Town. Council you have before you an item from Mr. Gigray stating what can and should be done here. The recommendation that he had is decide whether to determine the matter on the record before us and we can make that decision and direct the legal staff to prepare Findings of Fact and Conclusions of Law and the Order of Decision. Or you have the choice to direct that a public hearing be held and provide notice in accordance with the ordinance requirements. So with that in mind, I'll leave it in your capable hands to — Mr. Gigray do you have any further comment on this? V REcErvED To: Mayor and City Council N 0 V 1 7 1998 CC Shari Stiles CITY OF MERIDIAN Gary Smith Re: Agenda Item No. 7 City Council Meetin 11, 17- From: Bill Gigray, City Attorney Date: 11-17-98 Prior Action of Planning and Zoning Commission: Approved with one condition that City Council waives the tiling of the ditch requirement. Question: Is the tiling of the ditch an ordinance requirement? If so a variance should be applied for. Hearing Requirements, findings and Council action same as agenda Item No. 4. MERIDIAN PLANNI,--, AND ZONING COMMISSION ME— ING OCTOBER 13, 1998 PAGE 81 Borup: I move we close the public hearing. Smith: Second. MacCoy: Thank you very much. All in favor. MOTION CARRIED: All ayes. MacCoy: Boy, the hour is really getting late. De Weerd: You don't have to vote on that. MacCoy: All right, now come on. Borup: I forgot what I was saying. I was saying along the lines — I move that we request the city attorney to prepare Findings of Fact and Conclusions of Law on the conditional use permit for approval of this project. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Mr. Nickels you're home free if you can produce that ACHD form for us. Thanks Rich for your service. Thank you lady. ITEM NO. 17: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY STEINER DEVELOPMENT — PORTION OF 'NW Y4 SEC. 3, T. 3 N., R. 1 W.: MacCoy: Before I move this thing on staff any comment on number 17 before we move into the public hearing? Hello staff. Freckleton: Mr. Chairman, members of the commission the staff has prepared comments for this application. It's been very straight forward on this project. The applicant has responded back. I did not see anything that they had a problem with. This project will connect the Lake at Cherry Lane Subdivision with Ashford Greens Subdivision. The southwesterly portion of this project the extension of W. Harbor Point Drive will border the new clubhouse for the golf course so it will be nice to get this project all tied through and completed. We do have an existing sewer main traverses down Harbor Point Drive at this point in time. The sewer also goes up Wide Oak Way and W. Teeter Street so there will be no additional sewer mains extended. There will be sewer service lines to each lot. New water mains will be installed. The pressurized irrigation system will connect v Q . MERIDIAN PLANNI,—, AND ZONING COMMISSION ME._'ING OCTOBER 13, 1998 PAGE 82 up with the existing pressurized irrigation system built as part of the Lake at Cherry Lane Subdivision. It is owned and maintained by Nampa Meridian Irrigation District. MacCoy: Is that about it? Freckleton: That's about it. MacCoy: Shari you have anything you want to add to that? Stiles: The only thing that I would add is that on adjacent projects the Eight Mile Lateral has been proposed to be a pedestrian walkway and I would like them to continue that and make sure that they continue the negotiations with the Nampa Meridian Irrigation District to make sure that that does happen. MacCoy: All right thank you. It's a public hearing and the public is almost gone. Would the applicant please come forward so he can make his statement with almost an empty house. CHARLES EDDY 1295 S. EAGLE FLIGHT WAY BOISE WAS SWORN BY THE CITY ATTORNEY. (End of Tape) Eddy:.. a very straight forward uncomplicated zoning compliant and I repeat zoning compliant Steiner project. Like Mr. Freckleton said this is an in fill project to connect Ashford Greens with the Lake at Cherry Lane No. 4. The sewer has been installed. We'll be installing the services and the water. The lots are above standard for an R-4 zone. There's nothing magical about. I'll take any question. Oh, excuse me I did have one comment. There is a little bit of magic. The Eight Mile Lateral in standard staff comments is to tile any existing irrigation ditches. The precedent has been in the past that over the larger ditches were waived as being tiled and we request that the Eight Mile Lateral be waived as a requirement for tiling due to the size of it for one and that it — projects up and down the street have not tiled it. So we would request that and we would certain negotiate with Nampa Meridian and we've all been down this road before about allowing a pedestrian pathway along their easement. MacCoy: Commissioners any comments, questions? Borup: None. De Weerd: Just that he could — if could get that agreement with Nampa Meridian you know you wouldn't have to tile it. You would be a saint. If you turn that into a pedestrian or just a walking path, that would be excellent. I guess if you couldn't you'd need to tile it. MERIDIAN PLANN, AND ZONING COMMISSION ME -ING OCTOBER 13, 1998 PAGE 83 Borup: Is that enough incentive? Eddy: Well we all know the history of trying to get these pathways down these especially these larger ditches. So I haven't had any discussion recently with the irrigation district to see if they've moved from their stance at all on this. You probably know about that more than — MacCoy: Yeah we heard from his this morning. We had a lecture from him this morning the head man talked about the liability and the problems and so on, but I still think you ought to go ahead and put your two bits in. Eddy: Again I revert back to the past projects we haven't tiled due to the size. I mean this is an extremely large canal for this project and the size of pipe required would be very large, typically what I've experienced with this commission and council is we've used a number of 48 inches or larger. We've waived the requirement for tiling. This is quite a ways above the 48 inch pipe to tile this ditch. That would be my request that we waive that requirement due to the size of the pipe. MacCoy: I have one question on this that very thing. On both ends of this area you would have to tile, is that all open area? There's no tile coming up to that point that you tile on? Eddy: No, Eight Mile Lateral runs through the golf course. It's open all the way through. MacCoy: That's what I was concerned about because I don't think — that's good. Eddy: They actually charge it's a lateral water hazard. (Inaudible) MacCoy: That's where it belongs. Any other questions? Borup: Is there any path along that lateral anywhere along the length that you know about? Eddy: There's not a formal path. There's the — Borup: An informal. Eddy: ... that people use. So you can call that a path. De Weerd: You got to start somewhere. MERIDIAN PLANNi,.—j AND ZONING COMMISSION ME—,'ING OCTOBER 13, 1998 PAGE 84 Borup: The same thing we've been saying on these waterways. It would be nice to start somewhere. I don't know the answer -- MacCoy: Well we're working with them on the total layout because that's what we're going to start at. We can't do it piece meal because it's not going to work and that fellow this morning, he was very emphatic about that, but we have entered him into our staffing situation where he is going to owe us something out of this thing so we hope we will get a whole run when we get --- he knows it. Anyway moving on Tammy do you have anything else you want to ask for? De Weerd: No. MacCoy: Okay, Commissioner Smith? Smith: Nothing. MacCoy: Commissioner Nelson? Nelson: I have no comments. MacCoy: Okay, thanks a lot. Public hearing anybody else in this great room of ours that — is everybody awake? Staff you have anything else you want to — Shari is having a hard time tonight. Nelson: I would ask Shari what the policy is on the tiling? He mentioned above 48 inches not to tile. Stiles: Today? I believe there's already been a variance granted for this project. It initially came through with the Ashford Greens Subdivision. It was a portion of that project. They had applied for a variance for the Eight Mile Lateral and what is it Safford? Safford Lateral. I believe that was granted. The proposed new tiling of ditches ordinance that was at one time before you would allow them to keep the ditch open provided it was used as an amenity. That would be one of the requirements and also part of that proposed ordinance was if they could document to the satisfaction of the city engineer that it required a pipe greater than 48 inches they would waive that requirement. In the past it was always a formal variance application request. But with the new attorneys that's waiving is just like that. No formal application required. They make the request to City Council and the Council may simply waive the requirement instead of having to go through the variance process. It's a long story, but maybe it answered your question. MacCoy: But that was also confirmed this morning's meeting too so you're right. Borup: To confirm what I thought earlier that the waiver needs to come from City Council. We do not make a recommendation on the waiver here? MERIDIAN PLANNi--3 AND ZONING COMMISSION ML-. ING OCTOBER 13, 1998 PAGE 85 MacCoy: You can. Borup: We can make a recommendation? MacCoy: Yeah. Borup: Okay. (Inaudible) MacCoy: That's okay. Borup: The recommendation on the variance, that's what — because normally they haven't come before us. Stiles: No. MacCoy: It may come in the future though according to our new attorney. Borup: In the Ashford Greens application there was a concept plan for this parcel already or — Stiles: It's pretty much identical to the original proposal by Brighton. Borup: That's what I gathered. MacCoy: Okay where do we stand now commissioners? Borup: Let's close the hearing. MacCoy: It's getting 11:35 — De Weerd: Close the hearing. I would not be opposed to closing the public hearing. MacCoy: Okay, I'm going to close the public hearing officially. Now commissioners what is your job? Smith: Mr. Chairman I'd like to make a motion that we approve this preliminary plat with the recommendation to city council to waive the tiling of the ditch requirement. Nelson: Second. Borup: I'd like to add and encourage a pathway along there. MERIDIAN PLANNi--� AND ZONING COMMISSION MEa,"ING OCTOBER 13, 1998 PAGE 86 Smith: All right, I'll amend that to incorporate that comment. MacCoy: All right, is there a second? Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE — 800 W. OVERLAND ROAD: MacCoy: Staff do you have anything to say about this? Stiles: Poor Dr. Beede has waited a long time for this tonight. He owns the veterinary clinic on Overland Road that's just west of Mountain States Equipment. MacCoy: That's where my dog goes, I know. Stiles: I believe if I'm incorrect he'll set me straight, but he's requesting annexation. He would like to expand his operation there. If he wants to do that because he's really a grandfathered nonconforming use in Ada County, he had the choice of either coming to get annexed into the City of Meridian or he would have had to rezone actually I believe in Ada County. He's also going to with his proposed expansion will need water to meet fire flow requirements and although there is not sewer available at this time he would have to remain on his septic system. The only way he could sewer that site would be by a lift station and I don't think the city or Mr. Beede would like to see that, but he would extend the water to the site, provide the 35 foot wide landscape setback beyond the required right-of-way. We may require as a condition of annexation a development agreement. I made the statement in lieu of a development agreement, we could review detailed site plans at the time he wanted to propose his expansion. One issue that might have a problem is the Kennedy Lateral that runs across the southern boundary of this site. It's quite a large ditch. It's I believe located in the future right-of-way of Overland Road. It has been piped across the frontage of the Interstate Center. I don't know if that's the case that in the future he would have to — it kind of makes a difference what Ada County Highway District would say if they want him to put into a trust fund money for future tiling of that ditch when they expand Overland Road. MacCoy: We have to wait for that because the Overland Road ACHD request is that will be tiled all the way down to Ten Mile, so I don't know if I were him I wouldn't push the issue right now. V u SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 21, 1998 TO: Steiner Development, Inc. P.O. Box 190472 Boise, ID 83719 FROM: Steve Arnold, Senior Analyst Planning &Development Division SUBJECT: Preliminary Plat -Lake at Cherry ane No. 8/MPP-12-98 N/O Cherry Lane, E/O Black Cat On October 21, 1998, 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: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: 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. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd,ada.id,us October 21, 1998 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust 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 Pacific Land Surveyors City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Lake at Cherry Lane No. 8/MPP-12-98 n/o Cherry Ln, e/o Black Cat Lake at Cherry Lane No. 8 is a 14-lot residential subdivision on 5.16-acres. The site is located '/2 mile north of Cherry Lane and approximately '/z mile east of Black Cat Road. This development is estimated to generate 140 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Harbor Point Drive Teter Street ACHD Commission Date - October 21, 1998 - 12:00 p.m. V H S Z 6 SI i a 1 F jigi- il�� J iim11111�jjl l�; O I LLJ IJ Li O z O LLJ J Q U Ln Ril O to O O r'7 H m z n U 47 n C7 N O � � m o r h � N AYLL NVO 311liA 'N O N •1 N z N m m m O O!1 6. 1"31Y'l 31M ].H`J13 N -- 'vo " Y n N Q4V 3 �e e' ..i Facts and Findings: A. General Information Owner - Steiner Development Inc. Applicant - Same R-4 - Existing zoning 5.16 - Acres 14 - Proposed building lots 1,150 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Harbor Point Drive Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) Harbor Point Drive is improved with a 37-foot street section with curb, gutter and sidewalk to the site's eastern property line. Teter Street Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) Teter Street is improved with a 37-foot street section with curb, gutter and sidewalk to the site's eastern property line. B. The Lake at Cherry Lane Subdivision No. 4 is located adjacent to the site's eastern property line. The Lake at Cherry Lane Subdivision No. 4 constructed the stub streets of Teter Street and Harbor Point Drive to their western property line. The applicant is proposing to extend Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way through The Lake at Cherry Lane Subdivision No. 8. C. The applicant is proposing to construct White Oak Way between Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50- feet of right-of-way. Staff supports this street connection. D. The applicant is proposing a knuckle at the northwest corner of Teter Street and White Oak Way. Because of the depth of the knuckle, the applicant should be required to construct a LAKEAT&COM Page 2 traffic island in the knuckle to define the roadway. The traffic island should be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and the street section around the traffic islands should be a minimum of 29-feet back-to-back. The design should be reviewed and approved by the ACHD Planning and Development staff. E. 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. F. 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: Site Specific Requirements: Construct Teter Street as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way 2. Construct Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct White Oak Way between Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 4. Construct a traffic island at the northwest corner of Teter Street and White Oak Way in the knuckle to define the roadway. The traffic island shall be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and the street section around the traffic islands shall be a minimum of 29-feet back-to-back. The design should be reviewed and approved by the ACHD Planning and Development staff. 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. Standard Requirements: 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 request_ shall specifically identify each requirement to be rarnnsidereCl and include a written explanation of why such a requirement would result in a substantial hardship or inequity, The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. LAKEAT&COM Page 3 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. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. LAKEAT8.COM Page 5 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 of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of La that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of 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. 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. 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. 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 a waiver/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. LAKEAT&COM Page 4 OM SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 21, 1998 TO: Steiner Development, Inc. P.O. Box 190472 Boise, ID 83719 FROM: Steve Arnold, Senior Analyst Planning & Development 51 /WOOOOO SUBJECT: Preliminary Plat -Lake at Cherry ane No. 8/MPP-12-98 N/O Cherry Lane, E/O Black Cat On October 21, 1998, 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. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are require d: 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. C. 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. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone onAl ,187-c5100 . FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us ..WI October 21, 1998 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust 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. Furnish easements, agreements, and all other datum or documents as required by the District. 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 Pacific Land Surveyors City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Lake at Cherry Lane No. 8/MPP-12-98 n/o Cherry Ln, e/o Black Cat Lake at Cherry Lane No. 8 is a 14-lot residential subdivision on 5.16-acres. The site is located mile north of Cherry Lane and approximately''/2 mile east of Black Cat Road. This development is estimated to generate 140 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Harbor Point Drive Teter Street ACHD Commission Date - October 21, 1998 - 12:00 p.m. v v F- I M. I All V !� 1 F i d J IftP., %.O� `,.. _ { � V V 0 �.. 0 0) 121 0 0LO H 0 w f--� w LL w J Q U rr V1 � cc O • O 70 F-- i 0 0 rq w F ' C C n O n N �N� n � f � O �1 C m n ,(YY ))v0 31.IHYc. 'l ��l h r Z O N N N lv7131Y1 TIIK 1HO13 _N r n R. M V Facts and Findings: A. General Information Owner - Steiner Development Inc. Applicant - Same R-4 - Existing zoning 5.16 - Acres 14 - Proposed building lots 1,150 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Harbor Point Drive Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) Harbor Point Drive is improved with a 37-foot street section with curb, gutter and sidewalk to the site's eastern property line. Teter Street Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) Teter Street is improved with a 37-foot street section with curb, gutter and sidewalk to the site's eastern property line. B. The Lake at Cherry Lane Subdivision No. 4 is located adjacent to the site's eastern property line. The Lake at Cherry Lane Subdivision No. 4 constructed the stub streets of Teter Street and Harbor Point Drive to their western property line. The applicant is proposing to extend Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way through The Lake at Cherry Lane Subdivision No. 8. C. The applicant is proposing to construct White Oak Way between Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50- feet of right-of-way. Staff supports this street connection. D. The applicant is proposing a knuckle at the northwest corner of Teter Street and White Oak Way. Because of the depth of the knuckle, the applicant should be required to construct a LAKEATs.COM Page 2 traffic island in the knuckle to define the roadway. The traffic island should be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and the street section around the traffic islands should be a minimum of 29-feet back-to-back. The design should be reviewed and approved by the ACHD Planning and Development staff. E. 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. F. 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: Site Specific Requirements: Construct Teter Street as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way 2. Construct Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 3. Construct White Oak Way between Teter Street and Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 4. Construct a traffic island at the northwest corner of Teter Street and White Oak Way in the knuckle to define the roadway. The traffic island shall be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and the street section around the traffic islands shall be a minimum of 29-feet back-to-back. The design should be reviewed and approved by the ACHD Planning and Development staff. 5. 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. 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 req shall specifically identify each requirement to he reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ine4uity. The written request shall be submitted to the District no later than 9.00 a.m. on thQ day scheduled for ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. LAKEAT8.COM Page 3 V 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. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. LAKEAT8.COM Page 5 '"Wor lftw� 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 of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available o the Commission -at the time of its original derision. The request for reconsideration will be heard by the District Commission at the next regular meeting of 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. 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. 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. 8. 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 a waiver/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. LAKEAT8.COM Page 4