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HomeMy WebLinkAboutOliason Park Subdivision VAR (2)Mayor ROBERT D. CORRIE Co .n it M m rc CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (2os) 8s4-426=1 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 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 POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE ~S D SEP - 4 199$ CITY OF MERIDIAN C7 Meridian City Council January 5, 1999 Page 11 Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the Landing LLC with the amendments asked for condition of staff and that the attorney ordered to prepare the proper order. Any further discussion? Rountree: Mr. Mayorjust a point of clarification the specifics as far as the conditions go. We talked about some modifications and different kinds of conditions particularly as it related to the berm and slopes probably for the applicant as well and staff and Mr. Gigray. Tell them what you meant Glenn. Bentley: With regards to the berm as suggested by Shari and Councilman Rountree to have the berm raised to height to what they were discussing and have the fence on the berm and at the apex of the berm and at the 25 foot property line without the one to one slope. Rountree: Thanks. Corrie: Any further discussion? All those in favor as outlined by Mr. Bentley's motion say aye. MOTION CARRIED: All ayes. 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: Corrie: Direct staff to the notice that we got from Mr. Gigray, City Attorney, that states that you could take up item 4 and 5, then item six of the Council should receive the same approval and approve the draft form and then request the development agreement be submitted to the applicant for approval and further action of the City Council in this matter, and then item seven (Inaudible). Staff comments first. Shari? Stiles: I'm sorry Mr. Mayor and Council, I have not reviewed the Findings the variance however they were regarding the frontage on the lots. These lots are very deep and they've asked for a variance on the frontage for that reason. They do meet the minimum lot size easily for the zone they have requested which is R-8. It's a fairly straight forward project I believe. I have not looked at the development agreement either. I don't know if I have that in my packet. Items 4, 5, and 6 and 7 I have no particular problems with. Meridian City Council January 5, 1999 Page 12 Corrie: Council you have the Findings of Fact and Conclusions of Law on item 4 in front of you along with the comments of the City Attorney. Anyone need any clarifications of the City Attorney's comments? Mr. Gigray would you please help us on this? Gigray: Item number 4 is simply before you for consideration because this way the action you took at the last meeting and I was just directed to do Findings of Fact and Conclusions of Law in conformance with your decision to grant the variance so what we do here in the Findings of Fact and Conclusions of Law as you can see is go through the basic requirements of your ordinance of the specific facts as it relates to this particular applicant who that is where the location of the property is, where it located and then some of the specifics about the request. The existing special circumstances or conditions affecting the property that would be in finding number 12 which is a condition precedent to granting the variance as I believe the evidence presented to you before was the fact that this was an infill project and due to its size and the street frontage availability there were economic circumstances on this parcel that would if this variance would weren't granted would leave a 2.5 acre parcel not developed or annexed and that strict compliance with the ordinance would result in inhibiting the achievements and objectives of your zoning ordinance and it wouldn't be detrimental finding 14 to public welfare or injurious to other property. There wasn't any testimony or any evidence to that effect and those findings just basically are there to ensure that evidence is presented that sets a basis for granting a variance. Conclusions of law are simply recitations of the appropriate city ordinance that govern this particular variance request and the decision or order is granting to the applicant and Virginia Jenson Family Trust is the owner here. Tony Hickey is an authorized agent for that Trust granting the platting variance and because the minimum street frontage and the particular lots I proposed in this decision and order to make reference to their specific drawing because it is that drawing that was the basis of this application rather than to set specific footages to lots that are not yet part of a final plat, and so that's why you see that order drafted that way. Bird: Thank you. Corrie: Any further discussion on Findings of Fact and Conclusions of Law? Rountree: I have none. Mr. Mayor I move that City Council approve the Findings of Fact and Conclusions of Law and Order of Decision granting the variance for the Oliason Park Subdivision. Anderson: Motion made by Mr. Rountree second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law and Order of Decision granting the variance. ROLL CALL VOTE: Bird, yea. Anderson, yea. Rountree, yea. Bentley, yea. C, Meridian City Council January 5, 1999 Page 13 MOTION CARRIED: All ayes. OF FACT AND CONCLUSIONS OF OR PRROPOSED OLIASON 5 FINDINGS .ANNEXATION AND ZONITONYFHICKEY BEAST OF 603 PINE: PARK SUBDIVISION BY Corrie: Staff do you have any comments on this one? ra Do you wish me to report on this since I drafted it Mr. Mayor . r Gig y ~ Hearing none, M Corrie: Shari you don't have anything other than what you say . Gigray? the City or and members of the Council, basede nreh eyed the proposed Gigray: Mr. May Council at your meeting on the 15th of December, I ha p articular matter had Findings of Fact ado ton of thoseof Law Findings. Because this P Commission, you will see that your p from Planning and Zoning ecific numbers read in relation onion the first two Findings of Fact and CoF nd no o Fact thaee and four. The firasc ordance with the law thereto are identified in g oses as you took findings have to do with the fact thaen nlconcaus ons of Iawlthis prop lion of law. I've for your own public hearing, and th Commission s conclu action that night to adopt the Planning and Zoning ause I think it's more a fact than a co ve added inaconcBlusions of moved six to a fact bec resented to you and then I ha Council s event it is the same as it wasp rovisions that relate to the City d then in the decision and order granting annexation and law two through four. Those specific statutory p in based on the record that I authority in this matter. An ecific conditions there re are zoning application, I have set forth sp licant would need top p understood was made on the 15 and that was that t e app ided for specific re are the appropriate ordinance of annexation and the legal description. We would p p and list of all of the er enter into a development agreement that prov then that the develop conditions and then you will see part three thereof the lita reement which we have conditions that would become part of the development ag drafted for your consideration which is the next item. Findings of Fact and orrie: Further discussion? Then I will enn and zon ng ion of the C Conclusions of Law request for annexatio indin s of Fact and Conclusions of or that the City Council approve F g a lication subject to the Rountree: Mr. May annexation and zoning pp Law and Decision and Order granting conditions as stated. Anderson: Second. a • MERIDIAN CITY COUNCIL MEETING: JANUARY 5, 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 4 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: 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: OTHER: COMMENTS SEE ATTACHED MINUTES FINDINGS TO BE SUBMITTED ~IF {cl~~s~~ JF Jf. C~ m~ `k c~ All Materials presented at public meetings shall become property of the City of Meridian. ``:) ~' • Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the City of Meridian adopts and approves the Findings of Fact and Conclusions of Law and Order of Decision. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: Corrie: At the present time I'll open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the Oliason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will - I don't suppose that - do you have a copy of the plat in your packet? That will work if you have one in your packet. The Planning and Zoning Commission recommended approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said you • s Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACRD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming -well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns. So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, t'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and -what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can sell those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of • Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley: I have none. Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to any one of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. • Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Planning and Zoning Commission annexation and zoning request that the Findings of Fact and Conclusions of Law be prepared and also annexation ordinance be prepared by the attorney. Any further discussion? - Gigray: Mr. Mayor point of order and clarification. In my review of the item that is submitted with this a proposed findings from the Planning and Zoning Commission I noted that there was a reference to a proposed development agreement with this project, and tdon't - if that's the case, I am wondering if the motion because on annexation you have a zoning designation that raises that issue, and I guess the clarification I would need are we directed to prepare a development agreement also because your normal course is that you don't finalize your action on annexation until that's been signed and agreed to. Rountree: That's in the recommendation, is it not? Gigray: That's how I see it, but I'm just thinking if your motion would include that, then we'll go ahead and prepare that as well. Rountree: Do I need to include it if it's in the recommendation? That was my motion to accept the recommendation. Gigray: Well it's in a finding, and I was just seeking clarification. If you assume that it is, I'll follow your direction. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one Will? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: The next item will be the preliminary plat of the Oliason Park Subdivision by Tony Hickey. • Meridian City Council Meeting December 15, 1998 Page 10 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Corrie: I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible) decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your passage of the ordinance and of course its being recorded, which makes it a final action. The Court determined that until the engineer signs on the plat there isn't a final action on the plat so you could annex and zone and approve a final plat but direct that the city engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of granting the final plat, is it not because it's a variance of the plat, and you couldn't approve the plat unless you approve the variance and that will require Findings because that's a quasi judicial matter that you have a public hearing on so we should be directed to prepare findings for your approval at the next Council meeting on that one. Corrie: On the variance. Gigray: Yes. Corrie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the preliminary plat subject to the conditions that are recommended and subject to the granting of the variance. My apologies for the mistake. Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Oliason Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting December 15, 1998 Page 11 MOTION CARRIED: All ayes. Corrie: Okay, then we need to go for the variance then for Findings of Facts. Bentley: Mr. Mayor I would move that we instruct the city attorney to prepare Findings for the variance request for Oliason Park Subdivision. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney prepare the Findings of Fact and Conclusions of Law for the variance for Oliason Park Subdivision. Any further discussion? Bentley: Can we have those prepared for our next meeting on January 5rn~ Corrie: Okay. Rountree: Mr. Mayor question, those Findings should reflect the recommendation of the Council? Should they not? Gigray: Yes, they will. (Inaudible) Gigray: When you make your motion that will tell me how to draft them. (Inaudible) Bentley: I'll withdraw my motion. Rountree: Help me Glenn. Corrie: If it sounds like we're confused up here, we are. We're trying some new procedures out according to some laws that's been changed and we're kind of about another four or five council meetings, we'll have it done pretty good here. Mr. Bentley, did you withdraw your motion? Bentley: Yes, I did. Bird: Mr. Mayor before we go into this, that last motion regarding the preliminary plat, that motion did Glenn reflect upon staff conditions, didn't it? • Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. f just wanted to make -okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS 1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. i REGE'~D To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning and Z in ~ ector From: Bill Gigray, City Attorney Re: Regular Agenda City Council eating January 5, Date: 1-2-99 J~tI - 5 i9~~; CITY OF MERIDIAN 1999 Items 4-7 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Tony Hickey as the duly authorized agent of Virginia Jennison Family Trust for the development of Oliason Park Subdivision. You may take up agenda items 4, and 5. Then for item no. 6 the Council should receive the same approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. I then recommend that Item no. 7 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. i • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE VIRGINIA JENNISON FAMILY TRUST BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY, FOR A VARIANCE FOR LESS THAN 65 FOOT MINIMUM STREET FRONTAGE ON SINGLE-FAMILY RESIDENTIAL LOTS IN AN R-8 ZONE, FOR OLIASON PARK SUBDIVISION, EAST OF 603 E. PINE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on the 15th day of December, 1998, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of VIRGINIA JENNISON FAMILY TRUST -PAGE 1 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE • i Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and 419 D as evidenced in the record of this matter. 3. The Applicant is Virginia Jennison Family Trust whose address is 2090 S. Cole Road, Boise, Idaho 83709. The location of the subject property is the West 333.5 feet of Lot 1, of the Onwiley Subdivision, Ada County, Idaho. 4. The legal description of the property appertains to the real property that is included within the conditionally approved Preliminary Plat of Oliason Park Subdivision as appears in the record of proceeds of this matter. 5. The present land use of subject property is presently zoned by Ada County as Rural Estate (R-1), and contains an existing home on Lot 1. 6. The proposed land use of subject property is to develop the subject property in the following manner: Construct an eleven (11) lot residential subdivision with a shared drive-way on Pine Avenue for Lots 2 through 4. The Applicant also proposes to extend Idaho Street. 7. The present zoning district of subject property is (R-1) Rural Estate. The proposed site of the subject property is east of 5`'' Street and north of the Union Pacific Railroad. Pine Avenue runs adjacent to the northern border of the property VIRGINIA JENNISON FAMILY TRUST -PAGE 2 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE • site. 8. That a vicinity map of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 9. That a schematic drawing, of which is attached to these findings marked Exhibit "A" has been supplied. 10. The Applicant requests a variance of the provisions of Section 11-2-410(A) of the Zoning Schedule of Bulk and Coverage Controls for an R-8 Zone which requires 65' to the footage as shown on "Preliminary Plat of Oliason Parlc Subdivision", J.J. Howard Engineering~Surveying dated 8/12/98, Drawing No. 311-07-240-000. 11. Jim Howard of J.J. Howard Engineering testified representing the Applicant and no one testified in opposition to the request. 12. The existence of special circumstances or conditions affecting the property are: 12.1 The subject property is an in-fill and due to its size and street frontage availability the only economical way of developing the whole parcel is to allow shorter street frontages. Otherwise, only a portion of the parcel would be subdivided leaving a 2.5 acre parcel that would not be developed or annexed. 13. Strict compliance with the requirements of § 11-2-410 (A) of the Municipal Code of the City of Meridian would result in extraordinary hardship to the owner, and VIRGINIA JENNISON FAMILY TRUST -PAGE 3 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE • • developer, because the conditions and requirements of the ordinance would result in inhibiting the achievements or the objective of the ordinance because the lots herein, proposed to be platted, otherwise meet all Zoning Schedule of Bullc and Coverage Controls and this proposal insures the orderly development of this entire in-fill area. 14. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 15. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan for the reasons stated in finding of fact number 13 and 14. 16. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the VIRGINIA JENNISON FAMILY TRUST -PAGE 4 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE • • process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-2-419B Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and VIRGII~TIA JENNISON FAMILY TRUST -PAGE 5 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE r i that the granting of a speciFed variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Section 11-2-410A of the Zoning Schedule of Bullc and Coverage Controls of the Municipal Code of the City of Meridian provides for an R-8 Zone which requires 65' to the frontage as shown on "Preliminary Plat of Oliason Parlc Subdivision", J.J. Howard Engineeringf Surveying dated 8/12/98, Drawing No.311-07-240-000. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That Tony Hickey, duly authorized agent for the Virginia Jennison Family Trust 2090 S. Cole Road, Boise, Idaho 83709 is hereby granted a platting variance of the Minimum Street Frontage requirements of the R-8 Zone as provided in the Zoning Schedule of Bullc and Coverage Controls of § 11-2-410(A) to allow street frontage as shown on the "Preliminary Plat of Oliason Parlc Subdivision", J.J. Howard EngineeringfSurveying dated 8/12/98, Drawing No. 311-07-240-000. VIRGII~IIA JENNISON FAMILY TRUST -PAGE 6 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE • NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a platting variance of the Minimum Street Frontage requirements of the R-8 Zone as provided in the Zoning Schedule of Bulk and Coverage Controls of § 11-2-410(A) to allow street frontage as shown on the "Preliminary Plat of Oliason Park Subdivision", J.J. Howard Engineering/Surveying dated 8/12/98, Drawing No.311-07-240-000 may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. VIRGINIA DENNISON FAMILY TRUST -PAGE 7 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE By action of the City Council at its regular meeting held January 5, 1999. ROLL CALL: MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED:_~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B ~ ~ ~ i City Clerlc Dated: ~r~ ~~ msg\D:\MyFiles\Meridian City File\Findings3\Variance\Oliason Park Sub Variance Street Frontage.wpd REcErvED ,~ ;~, ~- ,; , CITY OF MERIDIAN VIRGINIA JENNISON FAMILY TRUST -PAGE 8 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED • • Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the Cit Meridian adopts and approves the Findings of Fact and Conclusions of Law and Or of Decision. der ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: 5~ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: Corrie: At the present time I'll open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the Oliason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will - I don't suppose that - do you have a copy of the plat in your packet? That will work if ou have one in your packet. The Planning and Zoning Commission recommended Y approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said ou Y • Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACHD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming -well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns: So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, I'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and -what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can self those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back. to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of • . Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley: I have none. Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to any one of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Planning and Zoning Commission annexation and zoning request that the Findings of Fact and Conclusions of Law be prepared and also annexation ordinance be prepared by the attorney. Any further discussion? Gigray: Mr. Mayor point of order and clarification. In my review of the item that is submitted with this a proposed findings from the Planning and Zoning Commission I noted that there was a reference to a proposed development agreement with this project, and Idon't - if that's the case, I am wondering if the motion because on annexation you have a zoning designation that raises that issue, and I guess the clarification I would need are we directed to prepare a development agreement also because your normal course is that you don't finalize your action on annexation until that's been signed and agreed to. Rountree: That's in the recommendation, is it not? Gigray: That's how I see it, but I'm just thinking if your motion would include that, then we'll go ahead and prepare that as well. Rountree: Do I need to include it if it's in the recommendation? That was my motion to accept the recommendation. Gigray: Well it's in a finding, and I was just seeking clarification. If you assume that it is, I'll follow your direction. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one Will? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: The next item will be the preliminary plat of the Oliason Park Subdivision by Tony Hickey. Meridian City Council Meeting December 15, 1998 Page 10 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Corrie: I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible) decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your passage of the ordinance and of course its being recorded, which makes it a final action. The Court determined that until the engineer signs on the plat there isn't a final action on the plat so you could annex and zone and approve a final plat but direct that the city engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of granting the final plat, is it not because it's a variance of the plat, and you couldn't approve the plat unless you approve the variance and that will require Findings because that's a quasi judicial matter that you have a public hearing on so we should be directed to prepare findings for your approval at the next Council meeting on that one. Corrie: On the variance. Gigray: Yes. Corrie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the preliminary plat subject to the conditions that are recommended and subject to the granting of the variance. My apologies for the mistake. Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Oliason Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. I just wanted to make -okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS 1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. C~ • MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 4 REQUEST: VARIANCE FOR OLIASON PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: WATER DEPARTMENT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS REVIEWED REVIEWED d~ a~,~EO k¢~~~ ,~ w ~~~r ~+F` ~,.J~ rr."~ rk ~i~"~ ~'"" ',~'"',t~ h~ ~ ~ ~ All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 88=4-4264 o ^ it Memb rc CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (zo8) aa7 ~~ ~ ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887I~i ,~~T'1PLANNING AND ZONING KEITH BIRD Y ,,((.~J DEPARTMENT SEP 01 1998 `208' 884-5533 ~.`.;..~r `,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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY:___ J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine 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 ATTORN EY _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) IDAHO TRANSPORTA 10 DEPARTMENT ADA COUNTY (ANI~ T~N) ~} r,, YOUR CONCISE REMAR Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT I2oslss~-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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATIO(N) YOUR CONCISE REMARKS: ~` / ~~ MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 10, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433.• Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, 1D 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for Oliason Park Subdivision 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 • Fax 888-6854 The sfreet lights have been installed by the developer in Oliason Park Subdivision. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The two (2) street lights are located at: Lot 9 Block 1 E. Idaho Avenue Lot 5 Block 1 E. Pine Avenue Please use this letter as your authority to activate these sfreet lights. See attached map for additional information. Sincerely . ~~~ William G. Berg, Jr. City Clerk Enclosures WILLIAM G. BERG, JR.. City Clerk JANICE L. SMITH. Ciry Treasurer GARY D. SM17H, P.E.. Cdy E^9'^eer BRUCE D. STUART, Water Worms Supt. JOHN T. SHAWCROFT. Waste Water Supt• DENNIS J. SUMMERS, Parks Suet. gHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supe^~sot KENNETH W. BOWERS, Fite Chiel W L, -BILL' GORDON. Police Chiel WAYNE G. CROOKSTON, JR.. Attorney MEMORANDUM: HUB OF TREASURE VA1-~-C' p Good Place to Lire ~~ J CITY OF NIE 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 'FAX (2081 887-4813 Public Works/Building DePaR^'ent (208) 887-221 l Motor Vehick/Drivcn Licensc (208) 888-4443 ROBERT D. CORRIE N(ayor Will Berg, City Clerk En ineer~ To: Assistant to City g grace Freckleton, Harold Hudson, Electrical Inspector From: STREET LIGHT ELECTRICAL INSPECTION Re: ALT w. nnv.,r....... . RONALD R. TOLSMA CHARLES M.RpUNTREE GLENN R.gENTLEY ON JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: ~-~ ~~ nents for ~ s~~t roved the electrical wir-ng and associated compo I Dave inspected and app .Idaho Power Co. lights in ~~ can now proceed with the activation. Harol Hudson, Electrical Inspector ~~~ vE~~~ ~~ F E ~ - $ 200 Cii' ~' ~.~~' vi.IJ~,~~1.~~~ C:\pFFICE\W PW [MGENERAL\EI-EC(NSP. MMO ` F-? _ --15 h !vor cn -- -'~ __ __ OPE w ~~ :--- E „~„ .~,~. P 1 P --- - - ~. , x ~ ~ P 4' •P S ~ ?` ~ e~ocR ~ P- 7~ ; 8 \ ~0 ~ - ` ~~ , , - x /4A P-SN 1 OFT s ; .~ ~ ~~ ,~ I -1 e ~ '~Q Q 9 S B ~ /e ~~ ~ Z 9 o C ~ • ~,.,..~ .A B ,r . ~ !N . .~ . _ -- --- ~_-- -- ~ - -~ TO LINE oo •'°°°~°°- • ~~' U HE E! ! _ 372oA •,•,,,, ,•••,•,,,•• UNDERGROUND CABLE NOTES STATION SIZE CABLE LENGTH CABLE TRENCH CONDUIT [. ee0•o •r ~vF,u[ SIZE LENGTH F-66-OP-1 DCP10 145 95 2„ ' 95 OP-tA D3SCa0 t25 t05 2„ 105 OP-1B D3SCa0 90 a0 F-69-IS-t pCP10 235 2,. 70 185 2" t85 IS-1A D3SCa0 ta5 p 2„ t25 IS-tB D3SCa0 t20 0 2° NO ES: 100 IS-7C D3SC40 110 90 2" 90 IS-tD D3SC40 150 AL UG P IMAR 40 2„ t30 ~Y ABLE S 1 0 ALP IN 2"CONDUIT ALL OH PRIMARY Bm . ~SC40 IN 2„ CONDUIT. ATTN: CONSTRUCTION CREW, CONTACT TONY HICKEY (DEVELOPER) TO COORDINATE SETTING NEW OH POLE . ON IDAHO ST, THE WATER IN THE DITCH WILL NEED TO UG PRIMARY Cm BE TURNED OFF 8Y THE DITCH MASTER!!!! 377-2090 OR UG PRIMARY Bm , JJ HOWARD HOWARD ENG, (JULIE PARKER) 344-0574 OH SECONDARY . ___ UG SECONDARY P-2 CHANGE OU _____ _ ~ ~Q7 U,f, 4~~ C~~- U6~(.1- ~2 ~~'~. T EXISTING POLE T O NEW POLE ` ~\oGa.~, b~,~ Z_3_~pob T°" :ode K~' 0 ~ ~U Pole/ Wire Feeder JOB INFORMA TION Type Trench Ft. Ft. Ft_ AutoCAO Job Title Oliason Park Sub PossPort Description UG Prima & Secondary to 10 Residential Lots Additional Description Quodront To wnship Ronge S ct;on Meridian DE'SICN w 1 3N ~ E ., 7 B,M. Plonner: md$ Oote:5-24-99 Stote County Region: Wjd Job Type: '4rJ ~ ID ADA Location ID: mrdn 1 1 a MAPPING Design No: 0000008244 ver No: ~ Record Map File Nome: ~ O3O 1 O7 Work Order No: Feeder Mop File Nome: MRDN 1 ~ O 1 As@uilt sy: mds2408 CONSTRUCTION Record Mop By: Dote: ~ Feeder Ma @ Consl. Volt: 12.51<\~ Oper Volt: 12.SKV P Y~ Date: Tellus Mop @y: Date: Const. By: Toz Entered B Date: Const. Date: iH0 POWER CO. WORK ORDER MAP SCALE 1 " ~ ~ : = 200 Sheet or MERIDIAN 24 HOUR ,(A/SPECT/ON L/NE 887-755 Elec-Commercial Permit Permit Number: ELC2000-32 Applicant Alloway Electric Phone: 344/2507 Parcel Number: PARC2000-136 Address: OLIASON PARK MERIDIAN, ID 83642 Addition: Contractors Electrician Address: Alloway Electric 1420 Grove St BOISE, ID 83702 Fees and Receipts: Number FEE2000-3297 ui ing pa 200 E Carlton, Suite 100 Meridian ID 83642 PH 887-2211 / FAX 887-1297 Lot(s): Block: Description Electrical-Commercial Page 1 of 1 Printed: Z4/2000 Phone: 344/2507 FAX: Amount $94.45 Total Fees:_ $94 45 Other Fields: Value: 2445 Description: STREETLIGHTS-2 100 WATT H.P.S. - LT 9 ,BLK 1 / LT 5, BLK 1 Fees Due /Credit Info: ~~~~~~ ~E~ - 7 2000 CIS (~F ~~~,I~IAN ~~ 1 J11=87~1Q ~~" - > HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~208> 887-zz l 1 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6. 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VALANCE APP~,IGATION (RE: Meridian Zoning Ordinance) or holder of valid option} ~ X090 ~: C~~ ~~ -,~~x;~e REcE~ AUG 1 3 1g9~ TCI~T*Y~O~--F7/I'~~~ZpENr~.II3*I,~~ g ~f4F}}\.l\T.ll\lI ~Y. [,i~J.~ITIJ.\C: Phone: ~ ~` ~~~ GENERAL LOCATION: f%~~ ~ • ~ n~' ~t/~~Ut1 LEGAL DESCRIPTION OF PROPERTY: ~~05~' ~.~3• S~ D~t' LO ~ '~ lt~_1,~~'~J''' ~~'~lbd( . I'RQOF OF OWNERSI!^IIP OF VALID OPTION: A copy of yowr property deed or option. ~~ must be attachcd. PRESENT ZONE CLASSIFICATION: _1~''~1 VICIN'I'TY SKETCH: A vicinity map andlor site plan at a scale approved try the City showing property lines, streets existing and proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: '~~-' i~ ~S /~'G~9ZEif'rl~tin~t~ I hereby certify that the information contained herein is true and comcct. SIGNATURE: r ~ ~'~----1 CI~`Y GOUNGIL RECORDS Date Received ~~ C©~~l xear~ Die Received. by ~vante ~ea[t~, ~fnc. 2090 S. Cole Road • Boise, Idaho 83709 • office (208) 377-2090 • Fax (208) 377-2989 August 13, 1998 Meridian Planning and 7,oning Commission Re: Proposed Qliason Park Qliason Park, located East of 603 E. Pine is proposed to be a l O lot single family subdivision on 2.5 acres. Bordered on the North by Pine Street, 4 lots will have 1 common shared street entrance. Bordered on the South by Idaho Street extended over 300' with 6 individual drive way entrances. Bordered on the West by existing residential single family homes of the original City of Meridian. The homes for several blocks West appear to be placed on SO' or narrower lots. Due to the location as an in-fill subdivision we are respectfully requesting annexation and rezoning to R8 along vyith a plat approval for 10 lots. These lots are larger by several hundred square feet than minimum requirements. We are asking for only 1 variance from the city's basic regulations, that being a frontage reduction from 65' (city recommended size) to 58'. At 58' street frontage, Qliason Park will still have larger frontage than the existing, older homes. The lots can be priced. to accommodate new homes which will blend with existing property as far as size and value are concerned. Should we be required to meet the 65' minimum frontage, the oversized lots will need to be sold at such a level that. the new homes will excessively exceed the existing. This will most likely have a more negative than positive effect on the existing homes. At the lower density with 65' frontages the project will simply not work, leaving the 2.5 acres in the _ coeanty with only agricultural pursuits av~lable. Simply stated, by allowing a variance to 58` street frontage the project will blend as well as one could expect. Without the variance, the project will not be viable. The city will be much better served by allowing this variance than to force the property to be left in its current zoning. The comprehensi`•e plan calls for urban to mixed use development in this area. This limited size development appears to meet all City criteria in all other respects. City water and City sewer will be utilized in the project as well Thank you for your assistance and consideration in this endeavor. Sincerely, ~ / ~,/// F.A. Hickey Broker ,~ ~r;f ~~n~~t~~ Virgit~~ennison Owner rtE-l~-lyyY-~ ~y ~ :--~ R 1 Ut~EEr l i LE ..UST SERI;~ 1 L L`J • ~S ...1 r1 J .Jb f J r . ~?' S` l~~r % UV ll~l3 WARRANTY DEFI1 FOR VALUE RELEI"ED. RECEIPT QF KHiCH TS HEREBY ACKNOWLEDGED DORiS KATHLEEN OLIASON ODES HEREBY AND HEREuITH GRANT. BARGAIN. SclL AND CONVEY ONTO DORIS KATHLEEN OLIASON AS TRUSTEE Of THE DORIS KATHLEEN OIIASON FAMILY TRUST. IM TRUST. THE FOLLOWING REAL PROPERTY. TO WIT: THE VEST 333.5 FEET OF LOT 1. OF THE ONWILEY SUBDIVISION. ADa COUNTY IDAHO TOGETHER PITH Al! APPURTENANCES .,.~ 1 •~ ~' ~' ~' THERETO. ._ .,~'-; DATED 11c /~. /q~/ llh'G' .c:~a~ DORIS KATHLEEN oLIASON STATE OF IDAHO ~ COUNTY OF ADA ) ON THIS /~ -DAY Of 5~~, 199I. BEFG..E CIE. A NOTARY PUBLIC FOR 1DAHO, Pc'RSONALIY APPEARED DORIS KATHLEEN OLIASON, KNOUN TO ME ?O BE THE PERSON YHO EXECUTED THE ABOVE SIGNATURE. aND SHE aCKNOMLED6ED EXECUTING THE SAnE. ,.: ~ . DATED: /D~-~~-91 ~-' IDAHO NOTARY PUBLIC ~zI ': ~ ; C017RISSION EXPiRES:B-14~~~ ' % c7,:%•~_~ .~ ,~ . 9yo~.s6~7 ;.. - :.. .: ~~f: ~. o,:, ...~ ....-. 15~ :.~ n /.J' l : L ~ n' '9 ~ ~ ~ .. ~ f TOTAL P.~2 • April 22, 1997 To whom it may concern: This letter is to inform you that Tony Hickey, Broker for Avante' PM, has the authority to act on behalf of the Virginia Jennison Family Trust in regards to the properties placed with Avante' PM for management by the Virginia Jennison Family Trust. Vi inia J nison, Trustee, Date Virginia nnison Family Trust 4/ /--/ / T y Hickey ker Date Avante' P • State of Idaho County of ,~c1cz~ ) S.S. On this _l S~ day of ~ , in the year of 19~, before me //~ ~ ~~t ~ pct, V ~t rdf~F'.(' ,personally appeared ~ [:c~~ (/Cri1;It ~a. J P~~Mi cy~:.. ,proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument, and acknowledged that she executed the same. i otary Public My Commission Expires on~~ ~~~Y~ OL/ASDAI PARK SIJB'D. k~ ~~s3AD~ 1J_.=J ~~_=1 _1 ~ 1__11~J___1_=' ~~ ID ' Rio - - ~ - - - I =. .~ ,. ,CI ,. ~ ~ i --- .l .~.,....~, ~~~~~~ ~~ I ~~jj~~pp~~TT~~/(~~~~1 I 1 ,("'1111AJASOd , ~ ; g 1 1 1 1 ~~ AINh'IYIfL"!Y '°i 1 1 -........J 1 ..~.~,.,....~ i „~.~ a pniin. L-O UNIONPAQPICIIAQ~OAD _- !/ P. R. R ----- ----- -- --_- Yt~i~ti'T'Y MAP _ _ _ .I. J. HOWAR® ENGINEERING & SURVEYING 1675A Hill Road BOISE, IDAHO 83702 (208) 344-0574 p PROPERTY DESCRIPTION FOR OLIASON PARK SUBDIVISION A parcel of land being the west 339.50 feet of Lot 1, Onwiler Subdivision, lying in the NW'/4 SE'/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the'/4 corner common to Sections 7 and 8, T.3N., R. lE., B.M., Ada County, Idaho; thence, S.89°00'00"W. 2647.59 feet along the north line of said SE'/4 to an iron pin marking the Center'/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho; thence, S.00°00'00"W. 25.00 feet to the south right-of--way of Pine Avenue, said point being the REAL POINT OF BEGINNING; Thence along the following courses and distances to iron pins: along said right-of--way, N.89°00'00"E. 333.50 feet; Thence, S.00°00'26"E. 373.46 feet to the south line of said Lot 1; Thence, N.90°00'00"W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N.00°00'00"E. 367.64 feet to the REAL POINT OF BEGINNING, said parcel containing 2.84 acres. 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