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Hartford Subdivision VARr ~ HUB OF TREASURE VALLEY - COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk City Treasurer GASS JANICE L CITY QF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE , . GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supl. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water Supt. Planner s Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887813 Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8. 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance RecLuest for Hartford Subdivsion BY: Vijya Laxmi Develgpment Inc - LOCATION OF PROPERTY OR PROJECT: NE Comer of Ustick Road and Ten Mile Road - JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, 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 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CI'T ~' OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Vij~a Laxmi Development. Inc. Phone 336-2700 (Owner or holder of valid option) ADDRESS: 2526 Airport W ~ Boise Idaho 83705 GENERAL LOCATION: NE corner of Ustick and Ten Mile Roads. LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly .across the street, from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: To allow for a block len tgth _ which exceeds the maximum 1000' standard as set forth in the Meridian Citv Subdivision Ordinance. Signature• CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By • Application and Standards for Variances 1. Address of subject property; Northeast corner of Ustick and Ten Mile Roads 2. Name, address and phone number of applicant; Virya Laxmi Development, Inc., 2526 Airport Way, Boise, Idaho 83705. (208)336-0077. 3. Name, address and phone number of owners of subject property; Ytjya Laxmi Development, Ins, 2526 Airport Way, Boise, Idaho 83705, (208)336-0077 and William Ray and Janet Wilder, 3340 N. Ten Mile Roat~ Meridian, Idaho 83642, (208)888-2925. 4. Proof of ownership of valid option on the property or a contract interest therein with consent of the titled owner; Attached. 5. Legal description of subject property. Attached 6. Present use of subject property; Single family residential and agricultural 7. What is intended to be done on or with the property; Develop a single family residential subdivision. 8. The district that pertains to the subject property; City of Meridian. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required; Attached • 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. Not applicable, subject property will be developed as a single family residential subdivision. 11. A list of mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300) feet of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered; Attached 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance; The Five Mile Creek runs along the northerly boundary of this project leaving a narrow triangular strip of ground which will only be developable near Ten Mile Road This piece of ground will be accessed by Ten Mile Road, therefore it would not be practical to have a stub street into the Hartford Subdivision. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use; Allow for a block length to exceed the maximum 1000' standard 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property; If the block length requirement of the Ordinance were applied to this project a stub street would be required to the north and an undevelopable piece of ground 15. Unusual or peculiar circumstances-which indicate that regulations of this Ordinance should not be strictly complied with; Requiring the owner of this property to provide a stub street tot he north would not be to the benefit of the citizens of Meridian, the future homeowner's within the subdivision, or for the developable ground between Hartford Subdivision and the Five Mile Creek 16 Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the same district; The Five Mile Creek runs along the northerly boundary of this project leaving a narrow triangular strip of ground which will only be developable near Ten Mile Road This piece of ground will be accessed by Ten Mile Road, therefore it would not be practical to have a stub street into the Hartford Subdivision. C~ CJ REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development, complete the following questions and return with the application. 1. What is intended to be done on or with the property? Develop a single family residential subdivision. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district? The existing Five Mile Creek running along the Northerly boundary line of this development. 3. Why will literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? Literal interpretation of the subdivision ordinance would require design and construction of a stub street to the north to reduce the block length to the maximum allowed by this ordinances The construction of a stub street to the north would only provide access to an undevelopable strip of land and the Five Mile Creek Under normal circumstances a stub street would not be required to an undevelopable strip of land 4. What special conditions or circumstances exist that were not a result of your actions? The existence of the Five Mile Creek along the northerly boundary of the development. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? A variance is not being requested to avoid meeting the general requirements of the Meridian City Subdivision Ordinance, but only to prevent the construction of a stub street that would not be to the benefit of the citizens of Meridian City, or the future homeowners within this subdivision. The construction of a stub street to the north would only provide access to an undevelopable strip of land and the Five Mrle Creek which would be useless, except to reduce the length of the block \,\~ ENGIiyF~9 • • ~ ~ ~ ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 9 Q, ti~ SURV~~O Project No. 94040 September 29, 1994 DESCRIPTION OF HARTFORD SUBDIVISION FOR VIJYA LAXMI DEVELOPMENT, INC., THE S1/2 SW1/4 SW1/4, SECTION 35, T.4N:, R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the S1/2 of the SW1/4 of the SW1/4 of Section 35, T.4N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the section corner common to Sections 2 and 3, T.3N., R.1 W., B.M., and Section 34 and the said Section 35; thence South 89°15'30" East 2643.39 feet along the Southerly boundary of the said SW1/4 of Section 35, which is also the centerline of East Ustick Road to an iron pin marking the one-quarter corner common to the said .Sections 35 and 2; thence North 89° 15'30" West 1321.63 feet along the said Southerly boundary of the SW1/4 of Section 35 to an iron pin marking the W1/16 corner common to the said Sections 2 and 35; thence North 0°40'05" East 45.00 feet along the Easterly boundary of the said S1/2 of the SW1/4 of the SW1/4 of Section 35 to a 2-inch galvanized pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: South 0°40'05" West 45.00 feet along the said Easterly boundary of the S1/2 of the SW1/4 of the SW1/4 of Section 35 to a point marking the said W1/16 corner common to Sections 2 and 35; thence North 89°15'30"West 1321.76 feet along the said Southerly boundary of the SW1/4 of Section 35 to a point marking the section corner common to the said Sections 34, 35, 2 and 3; Hartford Subd. Page 1 of 2 Project No. 94040 September 21, 1994 thence North 0°53'34"West 660.85 feet along the Westerly boundary of the said SW1/4 of Section 35, which is also the centerline of North Ten Mile Road, to a point marking the Northwest corner of the said S1/2 of the SW1/4 of the SW1/4 of Section 35, said point bears South 0°53'34" East 1982.57 feet along the said Westerly boundary of the SW1/4 of Section 35 from an iron pin marking the one-quarter corner common to the said Sections 34 and 35; thence South 89 ° 14'23" East 1319.17 feet along the Northerly boundary of the said S1/2 of the SW1/4 of the SW1/4 of Section 35 to a point marking the Northeast corner of the said S1/2 of the SW1/4 of the SW1/4 of Section 35; thence South 0°40'05" West 615.43 feet along the said Easterly boundary of the S1/2 of the SW1/4 of the SW1/4 of Section 35 to the point of beginning, comprising 20.03 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. 443 ~ ~~, q:Z9 6 ~ ~ 9r~ 0 F ~ P~ ~?%RY ~~~~Z» JCM/DTP/GLR/bh/939.des D. Terry Peugh, P.L.S. Hartford Subd. Page 2 of 2 • ~ • ~-~ I n _...._.-.-- -•-- ----~--- '% \ C/tiA~O~i dA~tR/~` ~ A RT a~vi iw it,i CRiQt ~ "J /i \~ .i~~~~ GRlCK ~ ~ I ~ i I ~ 1 C vy ak V •f~ \\ ~ .,~~ `~ . ,F• ., Iti~~~ ia~616 •.~~ • ,,~L ~. W r Z AA P'.ANNING ASSN. AU6 2 6 199 '~~ ~~, ~. _ ._ . T S1,tgDlYlStO~ CS KD area enu arrxuvr.D: ; .~~_~. WARRANTY DEED i• For Value Received RAY WM. WILDER AND JANET WILDER, HUSBAND AND WIFE The grantorg , nc hereby grant, bargain, sell and convey unto -:::',~~y~:.~AXIKI. 1~EYET.nPMENT, i • ADL• iDAFE~'•' fiUdt'!?¢1tATIUN' - . _ ' ...". ' the grantee ,whose current address is 8589 BROOKVTF.W DRIVE, }30ISE, ID 83709 the following described premises, in ADA County Idaho, to-wit: SEE ATTACHED EXHJ:IS1'1 A, WHICH BY THIS REFERENCE.SECOMES A PART•HEREOP, AND WHICH IS COMPRISED OP ONE. (1) PAGE. Post-It° brand fax transmittal memo 7671 ~a p.se. r~c.~ .~° t:o c~ Dsp• Phons~ i ~x ax A S`#09215b s~cu~rrtr -~~. v. !i n'i 7 .. iri'i .. 301SL I~ '9'# G~CT~ ~~.4 ~ 6 FEE.~_ :... 70 HAVE AND TO HOLD the said premises, with them appurtenances unto the said Grantees , HI5 heirs and assigns forever. And the said Grantors do hereby covenant to artd with the said Grantee ,that he the owner in tee simple of said premises: that they aro free from allincumbrances except current pear's taxes, conditions, covenants, restricitons, reservations, easements, rights and rights of way, apparent or of record. and that he will warrant and defend the same from all lawful claims whatsoever. Dated: October 14, 1994 Y WM. WILDER J WILDER STATE OF IDAHO. COUNTY OF Ada STATC Or' IDAHO. COUNTY OP On tn~s ].4th dayotOctober ,1994 I hereby certify thet this instrument was (clad for roCOrtl at the before me, a notary public in and for the said State. personally request of appoarco Ray Wm. Wiir_1er and Janet Wi~`z at minutes peat o'clock M.. a. ` ;e~Ja. ~ ~ iY0 ~ known Or identilt'''e...t..l,,t11:t me to ba th r b subaoribod to t ~i~rtrttinstr~nsnf~~ that the ~ ~ ~ `~ 4'g ~ , ,tp ~ J `, ~~d' n o' Residin goisra Comm. Expires 5/26/2000 this day of , 19 , In my Ottlce, and duty recorded In Book Ot Deeds at Page shame Ig,nt to m• the same. Ex•Otficio Recorder sy Notary Publ10 e--~y; Idaho F*os S Mafl to' 2 C m ''~ NUBBLE ENGINEERING. INC: .. ~~ ey ~ 9550 1'o Su ~~o Project No. 94040 ^ Boise, Idaho 83709 PATEL PURCHASE FRAM WILDI=R /322-8992 • Fax 208/378-0329 The S1/2 of the SW'I/4 of the SW1/4 of Section 35, T.4N., R.1W., ti.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34~ and .35, T.4N., R,1 W., B.M., from which the South quarter corner of said Section 35 bears Soutli-89°15"30"East, 2643:39`feet;•~ Thence North 0°53'34" East, 660.$5 feet along the West boundary of said Section 35 to the S-S1/f34 comer; Thence South $!7°14'23"Cast, 1319.17 feet to the C-S-SW1/64 corner; Thence South 0°40'05" West, 660.43 feet to the West 1116 corner on the South boundary of said Section 35; Thence North 89°15'30" Wost, 1321.76 fact to the Point of Beginning. EXCEPTING THEREFROM the following described parcel: Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M., Thence North 0°53'34" East, 347.44 feet along the West boundary of said Section 35 to a point; Thence South 80°11'00" East, 45.55 feet to the REAL, POINT OF BEGINNING. Thence along a line 45.00 Westerly of and parallel with the West boundary of said Section 35, North 0°53'34" East, 101.44 feet to a point; Thence South 89°14'23" East, 136.62 feet to a point; Thence South 0°53'34"West, 123.21 feet to a point; Thence North 80°11'00" West, 138.30 feet to the Point of Beginning. r .. i Said parcel containing 19.651 acres, more or less. Subject to rights-of-way for West Ustlck Road and Ten Mile Road along the South and West boundaries respectively. Prepared by: RUBBLE ENGINEERING, INC. DTP/vw/des.888 D. Terry Peugh, P.L.S. (R-O-W acreage included in above description is 1.123 acres) w ~s~ ~~. ~i URA • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 October 18, 1994 City of Meridian Ms. Shari Stiles, Planning Administrator 33 East Idaho Street Meridian, Idaho 83642 RE: Hartford Subdivision Variance Application Dear Shari, 208/322-8992 ^ Fax 208/378-0329 ~~~~ . ~~ z ~ ~~~.,, 0f..1 t.:Jf K On behalf of Vijya Laxini Development, Inc., I hereby submit the attached variance request to be heard before the Meridian City Council The subject property is currently zoned R-4 in Meridian City, and the owners of the subject land are Vijya Lanni Development, Inc., whose address is 2526 Airport Way, Boise, Idaho 83705, and Wm. Ray and Janet Wilder whose address is 3340 N. Ten Mile Road, Meridian, Idaho 83642. The subject property has been used for agricultural purposes -and has an existing single family residential home which shall remain as a portion of the subdivision. Vijya Lanni Development, Inc., is requesting a variance to allow a block length to exceed 1000' as set forth in the Meridian City Subdivision Ordinance along the northerly property line. The Five Mile Creek runs along the northerly boundary of this project leaving a narrow triangular strip of ground which will only be developable near Ten Mile Road. This piece of ground will be accessed by Ten Mile Road, therefore it would not be practical to have a stub street into the Hartford Subdivision. Requiring the owner of this property to provide a stub street to the north would not be to the benefit of the citizens of Meridian, the future homeowner's within the subdivision„ or for the developable ground between Hartford Subdivision and the Five Mile Creek. Thank you for your time in reviewing this request, and please do not hesitate to call if you have any questions. Sincerely, Tracey Persons Project Coordinator tp\071.1tr NGI/y N~ • ~~ • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 October 18, 1994 City of Meridian Ms. Shari Stiles, Planning Administrator 33 East Idaho Street Meridian, Idaho 83642 RE: Hartford Subdivision Variance Application Dear Shari, 208/322-8992 ^ Fax 208/378-0329 0t; i Z ~l f`~~4 lei T I 'v d ey':-.{yiu llY!`i On behalf of Vijya l..axini Development, Inc., I hereby submit the attached variance request to be heard before the Meridian City Council. The subject property is currently zoned R-4 in Meridian City, and the owners of the subject land are Vijya T.axini Development, Inc., whose address is 2526 Airport Way, Boise, Idaho 83705, and Wm. Ray and Janet Wilder whose address is 3340 N. Ten Mile Road, Meridian, Idaho 83642. The subject property has been used for agricultural purposes and has an existing single family residential home which shall remain as a portion of the subdivision. Vijya Laxmi Development, Ins., is requesting a variance to allow a block length to exceed 1000' as set forth in the Meridian City Subdivision Ordinance along the northerly property line. The Five Mile Creek runs along the northerly boundary of this project leaving a narrow triangular strip of ground which will only be developable near Ten Mile Road. This piece of ground will be accessed by Ten Mile Road, therefore it would not be practical to have a stub street into the Hartford Subdivision. Requiring the owner of this property to provide a stub street to the north would not be to the benefit of the citizens of Meridian, the future homeowner's within the subdivision„ or for the developable ground between Hartford Subdivision and the Five Mile Creek. Thank you for your time in reviewing this request, and please do not hesitate to call if you have any questions. Sincerely, ~~ `~~~ Tracey Persons Project Coordinator tp\071.Itr • MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT;VIJYA LAXMI .INC. AGENDA ITEM NUMBER: 15 REQUEST;VARIANCE REQUEST FOR HARTFORD SUBDMSION BC~ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; COMMENTS "REVIEWED' SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~ ~ ~L INTERMOUNTAIN GAS: ,~ , ~~~ BUREAU OF RECLAMATION: r~ ~ ~ ~ t V OTHER: • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY QF MERIDIAN MAk YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. t w s 33 EAST IDAHO SHARI STILES ater . up JOHN T. sHAwcFlOFT, waste Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian .City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15!94 REQUEST: Variance Request for Hartford Subdivsion BY: Vijya Laxmi Development Inc LOCATION OF PROPERTY OR PROJECT: NE Corner of Ustick Road and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 -GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, 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 P ADA COUNTY HIGHWAY DISTRICT E~IrI~'~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH O C T 3 1 1994 NAMPA MERIDIAN IRRIGATION DISTRICT , SETTLERS IRRIGATION DISTRICT CITY fir t+a~;,iirls',ite;`i IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE~MARKS: L?C/'~l~lrrt yr_ try O C T Z 9 1994 CITY OF 1~ER~DIAN • HUB OF TREASURE VALLEY • ~ s~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning 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 8. 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Hartford Subdivsion BY: Vijya Laxmi Development Inc -- LOCATION OF PROPERTY OR PROJECT: NE Comer of Ustick Road and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~.ECE~~ ~-~ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ~ C T 2 6 ~9~~F SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLA'~~ ~ `~ ~~' I~islL~lU1t~Y~~ U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES !!`` ~ ~ ~ ~ ~ OTHER: ~V ' `7 YOUR CONCISE REMARKS: A Good Place to Live CITY QF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat REVIEW SHEET ~~~~~ Environmental Health Division Return to: NOV 0 3 ~gg>} ^ Boise ,~. ; . ~ Eagle i+~;t;its.~'tE~ Garden city Meridian ^ Kuna ^ Acz --- ~'AYL-f Mss -- ~I,~'F'fl~D S~T31~ f ~ I S i ~ ~ ^ I. We have Objections to this Proposal. ^ 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. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I . If restr0om facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. 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 13. ~O O~l~-~7D7'uS OI'' C~ 3/"!/`'1 >~Ni ; Date: ~/ ~ / Reviewed By:~' LDND 10/91 rcb, rer. I I/93 jll ' , HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk W S CITY QF MERIDIAN MAk YERRINGTON ROBERT D. CORRIE eer GARY D. SM TH P.E. City Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner a Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 t. r , ., Chairman -Planning & Zoning 'P r 1 artment (208) 887-221 ildin bli W k /B D P g or s u ep u c , GRANT P. KINGSFORD . Mayor L ~ ~ ti °y~' ~,~ ; .;~ R, , ,. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEZb`P11~''I~ROJECTS 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 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Hartford Subdivsion BY: Vijya Laxmi DeveloEment Inc LOCATION OF PROPERTY OR PROJECT: NE Corner of Ustick Road and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~_NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrieation District has no comment on the variance for Hartford SLbdivision. Bill Henson Assistant Water_Sun ;n nd n Namna ~ MPri di an Trri gar; nn Tl; crr; r•r ~[~ N ~ V - 7 199+ t~TY OF 1~~RID1K~f i • MERIDIAN CITY COUNCIL MEETING: DECEM~6,1994 APPLICANT; VIJYA- I_A)CMI. INC. ADGENDA NUMBER; 7 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR HARTFORD SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO ROWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~~ ~~~ t~~~r~~~ ~~~~n~e~ ~ a~~ 6a~ OTHER: L~ BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF VIJYA LA7CMI DEVELOPMENT, INC. FOR A VARIANCE FROM 11-9-605 E. FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 15, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its engineer, Jim Merkle, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing on November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E. , 11-2-419 D. , and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 E. requires that blocks shall not be less than five hundred feet nor more than one thousand feet in FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 1 lengt ; that 11-9-612 A 1. states as follows, pertaining to 5 - a~ed S1~ISIniSS2i9K SONKNSZNIKW QNK SNSWSSKS SNII'I 2iSMSS variances of the Subdivision and Development Ordinance: Purpose: The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 4. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 5. That the property is zoned R-4 Residential. 6. That the Applicant has requested that it be granted a variance from the above requirements and be allowed to have a block length of greater than 1, 000 feet and stated in its Application the following statements: "The Five Mile Creek runs along the northerly boundary of this project leaving a narrow triangular strip of ground which will only be developed near Ten Mile Road. This piece of ground will be accessed by Ten Mile Road, therefore it would not be practical to have a stub street into the Hartford Subdivision." "If the block length requirement of the Ordinance were applied to this project a stub street would be required to the north and an undeveloped piece of ground." "Requiring the owner of this property to provide a stub street to the north would not be to the benefit of the citizens of Meridian, the future homeowner's within the subdivision, or for the developable ground between Hartford Subdivision and the Five Mile Creek."; and stated comments in response to the questions asked of an applicant for a variance which are incorporated herein as if set forth in full, but particularly that in response to the question, FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 2 • "What special conditions or circumstances exist that were not a result of the development?", stated, "The existence of the Five Mile Creek along the northerly boundary of the development." 7. That the Applicant is presumed to have purchased the property knowing that Five Mile Creek was located where it is and that the City has a maximum block length of 1,000 feet; that the Applicant is not being asked to construct a bridge crossing of the Five Mile Creek because the Applicant apparently does not own the land between the subdivision and Five Mile Creek; that the City, if the variance is denied, would require a stub street to the north to meet the required block length; that the City has required other subdivision developers to meet the block length requirement and put in stub streets. 8. The property in question is in the N 1/2 of the NE 1/4 of Section 11, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho. 9. That the City has not received the comments of the Ada County Highway District and if they are received they shall be incorporated herein as if set forth in full. 10. That the City has not received the comments of the City Engineer and if they are received they shall be incorporated herein as if set forth in full. 11. That John Schaffer, a neighboring property owner testified that there should be access off of Ten Mile Road into this subdivision; that there could be potential traffic problems with the way the subdivision is laid out; that one entrance into FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 3 • • the subdivision was not good; and, with an entrance on Ten Mile there would be less traffic on Ustick. 12. That the City has received input concerning the development of the property to north of this subdivision, but has not received a request for annexation or for approval of a preliminary plat; that the land in the development input is to the north of Five Mile Creek but there may be a need when both properties are developed for a road crossing of Five Mile Creek. 13. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Development Ordinances; that 11-9-612 B 1. a. states that the variance procedure shall follow requirements contained in 2-419. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 4 • • ~ abEd - SSIIrdO MOHS OS 2iSQ2i0 2103 I~IOIZOW • • proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612, Variances, of the Development Ordinance is noted which is pertinent to this Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2. FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 5 • • property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a benefit, profit, economic gain or convenience to the Applicant in that the Applicant would ultimately have less road way to construct and pave and would be able to possibly have an additional lot in the subdivision. 8. That the Five Mile Creek is a natural topographical feature in this area which is a physical limitation, but it is a limitation that can be overcome by a bridge; that the denial of this variance will not require the Applicant to construct the bridge because Five Mile Creek is not adjacent to Applicant's property. 9. That regarding Section 11-6-612 A it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable in that Five Mile Creek is not adjacent to the Applicant's land and Applicant would not have to construct a bridge across Five Mile Creek. b. That strict compliance with the requirements of this Ordinance would not result in extraordinary hardship to the Applicant as a result of factors not self-inflicted. The location Five Mile Creek was not self-inflicted but the Applicant purchased the property after the Five Mile Creek was in existence. Also, it is concluded that allowing the variance would result in inhibiting the objectives of the block length Ordinance. c. That the granting of the specified variance would be FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 6 • CJ detrimental to the public's welfare or injurious to other property in the area in which the property is situated. This is because there may be a need for the property to the north across Five Mile Creek to have a means of access across Five Mile Creek. d. That if this variance were granted it would mean that the property to the north would not have the ability to have an access route across Five Mile Drain and that would have the effect of altering the interest and purpose of this Ordinance. 10. That it is concluded the Application should not be granted and the variance would not be in the best interests of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA VOTED ~~~ ~"`t VOTED VOTED VOTED~~'" "" MAYOR KINGSFORD (TIE BREAKER) APPROVED:_~V VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 7 • DECISION L~ Upon motion duly made and seconded, the Application of VIJYA LAXMI DEVELOPMENT, INC. for a variance from 11-9-605 E, which variance would allow a block length greater than 1,000 feet, is hereby denied. APPROVED : -~~~ ~! DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST OF VIJYA LAXMI DEVELOPMENT, INC. Page - 8 • Meridian City Council November 15, 1994 Page 31 on that one. ITEM #PUBLIC HEARING: VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VIJYA LAXMI, INC.: Kingsford: I probably erred gentlemen on the public hearing, it was noticed we had probably better take testimony on item #15 if I haven't already chased people off. I fowled up, it has been noticed it would be appropriate at this point to have a public hearing. At this time I will open the public hearing and invite testimony. I had stated at the beginning of the meeting (inaudible). I had said the wrong one I put 15 instead of 16 was the problem. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: The Hartford Subdivision located the northeast, it is a 20 acre parcel, located on the northeast comer of Ustick and Ten Mile Road. Here is Ten Mile Road and Ustick and the treatment plant is up here. It is a 60 lot subdivision which has been annexed and preliminary plat approval has been given by the City of Meridian. The variance request here before you this evening is basically allow a block length in excess of 1000 feet which is basically along the north property line. It is a 1/4 mile 1320 by 660 and this basically is in excess of 1000. The reason being when we went through the preliminary plat process by the highway district and the city to the north of us is the Five Mile Creek right through here, the Cresson lateral, here is the north boundary of our subdivision. The purple here is the floodplain limits of the Five Mile Creek. (End of Tape) The property to the north, this is Ray Wilder's property here, is under one ownership and extends up from Wilder's up to the north and it includes both the 100 foot easement for the drain and I'm not I think 60 to 70 feet for the Creason lateral. Basically we didn't feel the need to stub a street to the north in this location. Our entrance comes right here and we are tying into the east eventually. It basically leaves a sliver of ground in here probably after you take out the easement probably only 40 or 50 or 60 feet and it gets up to 80. And basically this piece of here could be developable (inaudible) access off of Ten Mile Road into a single culdesac there. I am not sure and I am not involved in this property, I am not sure they would extend this across to develop some ground that is basically not worth anything under the single family developable piece. That leaves us without a stub street to the north and that is the reason for the variance request. . Kingsford: Can I look at the plat side again please? Mr. Smith, didn't we finally arrive at, it didn't have to be the exterior perimeter block length that it was, since that street goes to the south mid way that constitutes a block. We have been this road a lot times I know, what is your opinion of this, I am sitting here thinking we don't need a variance. • • Meridian City Council November 15, 1994 Page 32 Smith: Mr. Mayor I know we have had this discussion on every subdivision and I think that Shari's attitude has been that the block length is a 1000 foot requirement along the exterior boundary of the subdivision by ordinance that it is a block. That a block is defined by intersecting streets. Kingsford: Well, then I am suggesting that we have one to the south mid-way through that. Doesn't that constitute a break up of that block length? Smith: I think it is the block that is in question would be the block contiguous to the exterior boundary of the subdivision which would be I guess a block in my thoughts would be a 2 tiered layer of lots that would compose a block and what you are looking at on the exterior boundary is one half of the depth of a block. If a subdivision developed to the north of this or to the east of this project that the adjacent lots that would abut the boundary of this subdivision would then form the other half of the block depth. And the length of the block then would be the 1000 feet between the intersecting roads. Kingsford: I think what Mr. Merkle is suggesting is that isn't going to happen on that side. Smith: Right, that is what (inaudible). Kingsford: There is no way you are going to have a 2 tiered. Smith: Right Kingsford: Thank you, that helped me a lot, I guess we will wait until the next meeting and talk about it again. Any questions of Mr. Merkle by the Council? Morrow: I have a question, I have seen a presentation basically for the 320 acres that surrounds this property and has there been any coordination by you with those folk with respect to the tie ins for your stub streets? Merkle: Mr. Morrow, no, there has not. This project has been through the process of the City and has preliminary plat approval and annexation and they have not come to me nor have I gone to them. I was not even aware that piece abutted up to this. Morrow: Jim, I can't tell you that it abuts up to it entirely, I know that the 320 acres is a consortium of various land owners putting together the project in order for it, or at least thinking about putting the project together as one major project. Merkle: Who is the applicant? • • Meridian City Council November 15, 1994 Page 33 Morrow: It is coming through Tealy's Land surveying and so my thought was that maybe we don't back ourselves into a corner here in terms of talking about block length and no access to the north since we don't know whether they are looking at an access at the north or not. I throw that out. Merkle: Hot having seen their layout or talking to them, it seems to me that it wouldn't serve a purpose for these folks. Morrow: I am asking a question, I am asking you if (inaudible) coordinate at all. Kingsford: Ron makes a good point with regard to that block length and what you can do if he is con'ect, we just approved Layne of Idaho with roughly 2000 feet on the south side of that that abuts the railroad tracks. If in fact you can't access the north of that they are virtually the same thing. I don't know if we can get there from here. I guess the thing is you can approve a variance if that is your desire and then that covers either way. I think what maybe Walt is saying though that prior to approving the final plat we would certainly like to see you or I would, I think I am hearing Walt say that, coordinate that with Tealey and see what the plans are and maybe it would be appropriate to adjust the north lots to maybe where you have access into the north if they desire to go across that ditch. suspect you are probably right Jim, but it would be a good idea to coordinate. Merkle: I am not going to say 100% but there are 2 reasons we deferred the final plat one was the sewer to the east issue and the other was this issue. Because final plat approval with no variance means nothing. It would be recommendation that t believe the variance requires findings if we can move on with that process just in case that is the desire of the council to approve it, so I am not backed out another month or 3 weeks or whatever it is. You understand what I am saying. Kingsford: What is the Council's pleasure? I guess, that is an issue, first off we have to require a variance if we do and I guess we already have. I think we need to have findings. Is there anyone else from the public that would like to offer testimony on this issue? John Schafer, 2788 West Ustick Road, was sworn by the City Attorney. Schafer: 1 am totally confused. As I stated at past meetings and through hearings I would request the public access come off of Ten Mile Road into this subdivision. I don't know if that would help the situation with the block length or not with that situation. With the increased traffic on Ustick Road and the additional 60 houses plus Candlelight across the street I think there could be a potential traffic problem in and out of the subdivision with the 2 roads directly across from each other and the distance from the corner. Maybe this is a mute point at this time but I just thought I would bring that up again, it might be an • Meridian City Council November 15, 1994 Page 34 alternative to the block length also. Kingsford: Would you expand please on the road that you are saying to the east? Schafer: I'm sorry to the west, Ten Mile. Kingsford: Any questions? Schafer: It does leave just one access in and out of the subdivision through the south. Corrie: I am trying to remember there was some reason, somebody didn't want an entrance off of Ten Mile was that Ada County was it their recommendation (inaudible). I don't like one way in and out either, do you remember (inaudible). Schafer: (Inaudible) never heard the reason it was brought (inaudible) Tolsma: (Inaudible) until such time that this opens up over here. Kingsford: What was your logic, Mr. Merkle, if I could ask you, what was your logic in not having access onto Ten Mile. Merkle: Let me recall, when we did the original layout, let me back up, he made the comment about this tying into the street across the street that is a requirement of the highway district. The proximity to the intersection that is a requirement of the highway district. We just felt that one access into the subdivision, basically we have a divided access, we have emergency access here, there is basically no need for secondary access into the subdivision. Mr. Wilder's house is still here it will continue to get access off of Ten Mile Road which basically the drive way to the house is pointed that direction. The sewer does need to come out there, if we punch the road through he will lose a lot in there that is another reason why. And then one entrance is very sufficient for 60 lots and we have a secondary emergency access. So in our opinion there was no need for it. Kingsford: Any other questions? Schafer: Comment with the one entrance in and out of the subdivision, that may be the case but with the reasonable location to Ten Mile and the easy access in and out of Ten Mile to the subdivision I think that could be an additional ease onto Ustick Road from other subdivisions that develop down the line. It would be just one additional alternative in and out of the subdivision to eliminate the full amount of cars out of that subdivision onto Ustick Road. It was just an alternative. Meridian City Council November 15, 1994 Page 35 • Kingsford: Any questions the Council might have? Thank you. Anyone else from the public that would like to offer testimony on this issue? At this time I will close the public hearing, Council members now you can have those findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have findings of fact and conclusions of law prepared for the variance request by HartFord Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Item 16 was the one to be tabled, we accomplished that: ITEM #17: DISCUSSION CONCERNING THE DEVELOPMENT AGREEMENT FOR ENGLEWOOD CREEK SUBDIVISION: Kingsford: Shari, do you propose to lead that discussion on the Englewood Development Agreement. Stiles: I think they have a representative. Jewell: I am representing the developer, I don't know whether I want to lead this discussion or not. First of all did everybody get a copy of the letter explaining what the purpose is for our request to make some changes? Kingsford: Do you all have a copy of Wayne's comments on that? Morrow: We had 2 letters in our packet, apparently one is the original and the one with the comments on the left hand side those are Wayne's comments. Kingsford: When did you do those the letter is dated April 21st. When did you do those notes? Crookston: I think that I did those on the 10th. (Discussion Inaudible) Kingsford: Did you get those comments Mr. Jewell?