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Lake at Cherry Lane, The CUPWILLIAM 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON RIDIAN CITY OF ME WA T W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Ikpazurunt (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Januar~l 2.1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Conditional Use Permit for The Lake at Cherry Lane No. 6 Subdivision BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Immediately east of the Lake at Cherrv Lane No. 3 Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 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 PLAT) ~~CITY FILES OTHER: YOUR CONCISE REMARKS: ECEIVED DEC 1 9 1995 CITY OF ,~!IEBIDIAN r CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Steiner Development L.L.C. PHONE: 884-2076 ADDRESS: P•0. Box 190472, Boise, ID 83719 GENERAL LOCATION: 40 acre site east of the Lake at Cherry Lane #3 DESCRIPTION OF PROPOSED CONDITIONAL USE: 52 single family detached senior/adult living; 1 lot recreation center ZONING CLASSIFICATION: R-15 - R-4 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contain ein ' true and correct. Signature of Applicant Social Security Number sS0-oZ -339'7 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDMSION, BLOCK ,LOT TO APPLICATION FOR CONDITIONAL USE PIItMIT 1. Name, address and phone number of applicant. _ Steiner Development, L.L.C. P.O. Box 190472 Boise, ID 83719 208-884-2076 2. Name, address and phone number of owner of subject property. Bill & Viola Teter 2201 N. Allumbaugh Boise, ID 83704 208-37fr8465 3. Legal description of property. Please see Attachment A. 4. Proof of ownership of subject property (warranty deed) and notarized consent of Property owner. Please see Attachment B. 5. Description of elaisting use. 40 ace farm land 6. Present use of subject property. Farm land 7. Proposed use of subject property. Single family detached senior/adult housing - 52 units ~~.a- 8. The District (present zoning) that pertains to the subject property. R-15 - R-4 *. 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" _ ~')• Please see Attachment C. 10. Characteristics of subject property which make a conditional use desirable. _ Infill site next to existing city annexed land. Site also includes site donated for City Fire Deparhr-ent. Property is for senior/adult living located near city owned golf course. 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use. Please see Attachment D. 12. A fee as established by the Council; $275.00 + 51.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee. The base fee is $275.00 plus $1.42 times~Q,people 126.80 for a total of $401.38 13. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. Applicant agrees with Statement No. 13. 14. The application shall be verified by the applicant which shall state that be has read the contents thereof and verifies that the information contained therein is true and correct. Please see Attachment E. 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. Please see Attachment F. • • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: December 15, 1995 A71gCHmc~ p DESCRIPTION FOR THE LAKE AT CHERRY LANE N0.6 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'29" West 45.00 feet to a point marking a point on the Westerly right-of--way of N. Ten Mile Road, and marking a point on the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at Pages 7033 and 7034, said point also being the REAL POINT OF BEGINNING; thence continuing along said Southerly boundary and along said Northerly boundary North 88°55'29" West 723.68 feet to a point; thence leaving said Southerly and Northerly boundaries North 0° 19' 15" East 95.01 feet to a point; thence North 11°39'01" West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to a point; thence North 00°26'04" East 137.33 feet to a point marking a point of curve: thence along a curve to the left 156.57 feet, said curve having a central angle of 08°37'32", a radius of 1040.00 feet, tangents of 78.43 feet, and a long chord of 156.42 feet bearing North 81°47'22" East to a point marking a point of tangent; thence North 77°28'36" East 92.50 feet to a point marking a point of curve; thence along a curve to the right 216.69 feet, said curve having a central angle of 12°55'58", a radius of 960.00 feet, tangents of 108.81 feet, and a long chord of 216.23 feet bearing North 83°56'35" East to a point marking a point of tangent; thence South 89°35'26" East 271.66 feet to a point marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet. tangents of 20.00 feet. and a long chord of 28.28 feet bearing South 44°35'26" East to a point marking a point of tangent. also said point marking a point on the Westerly right-of--way of N. Ten Mile Road; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation • • thence along said Westerly right-of--way South 00°24'34" West 589:48 feet to the point of beginning, comprising 9.97 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepazed by: Pacific Land Surveyors ~~~' ~~ qP ~ Gp~ Of ~ ~~ DGP/beb Don G. Payne,. P.L.S. . ,,, ;~ ~ , ^'~' r ;:1~ •.! w ~. ~P• \l. ~ {XS~• ~R_~1•V~4.a~•LJ•.f '1..~ !' :'~.~~=J1/ ~'~'••~ai,:~:a~a4;~•.: p~;~ .. , , ~ •l:. l'.•.. ~....: tom, ~...•~.~• ~'~'=11 ~: r.: ~ ~ j .1 • • ~ ~~_ .~ ._ _7". ,, Z! f:OItAT • ~ AMI -0~!'ta `!!A +~ . ~:'.-.~ . -.~~. _ .-~ [x ~~ [1AZf'tt'1C-jbR. !'!~~ gS'i'tTE:.OF~~ }' I ' --~_ .l/ ~°!' 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'~ 'rte ~ Zy-;~w r~A ~~. • ~J ~f Tf/jG,y/!l~ar ~ I, William Teter, do hereby certify that I am the record owner of the land described as the "Lake at Cherry Lane #5 Subdivision" in an application for Preliminary Plat being submitted to the City of Meridian for consideration. Dated this da o -v , 19 95~ By: William Teter F a pc.. c~~,oo 5~3~'k STATE OF IDAHO ) ss. County of Ada ) ON THIS l day of ~~~ ~,~ `arc , 19 SS , before me a notary public in and for said State, personally appeared GU • /~~ `,~.~. T.~ rr /1 known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that ~/ r executed the same. IN V~V][TNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires Notary Public for o~c. tt- /c.0 a~G~ ~ ~ ~~ Residing at %~D~ ~ ~- ,Idaho • QPTION TO BUY A FFIDAVIT PRELIMINARY PLAT/A_ CATI ON REQUEST AFFIDAVIT POSTING AFFI DAVIT I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development has an option to buy from the record owner of the land described as "The Lake at Cherry Lane No. 5 Subdivision" in an application for Preliminary Plat being submitted to the City of Meridian for consideration. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this day of '/`~~~ ~ F ~ , 19 ~~ By: Doug pbell STATE OF IDAHO ) ss. County of Ada ) ON THIS f ~~day of ~2CeYY1IDEt", 19~, before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN VVl[TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,ACC' C My Notary Commission Expires ~ - ~ , ~' My Notary Bond Expires ~ - ~ , ~~'L°C~ Notary Public for Idaho Residing at ~~-/--~ ,Idaho ~.• ~,~, "",......"" er .,~ S -*. ~..~ - c o ••••9 ~ n0 F~' pA~. 1 J ATTACHMENT E I, Doug Campbell, a principle of Steiner Development, do verify that the information contained herein is true and correct. Doug Campbell • • ATTACHMENT F CONDITIONAL USE APPLICATION POSTING AFFIDAVIT I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development is the applicant of the land described as "The Lake at Cherry Lane No. 5 Subdivision" in an application for Conditional Use Permit being submitted to the city of Meridian for consideration. I further state that I hereby officially request a Conditional Use Permit of said property by the city of Meridian, Idaho.. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the city of Meridian have been made. Dated this l s day of ~/l~c~ ~ tea- , 19 1 ~ By; ~ ~~ Doug Cam STATE OF IDAHO ) ss. County of Ada ) ON THIS ,~~ day of ~1P (~ ~P~1 ='r' , 19C~~ before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _ ~ ~ .moo,......"8f •,, y~..~OTpRy ~7 .. .~ = ~' ~'o- • - O ,~-~ ~~~Z C~~ ~~ ~ c~~~cca-~ Notary Public for Idaho Residing in ~~~ rZ_ ~ . ~ ,Idaho My commission expires ~ ~ =? - .~CC~~' i ~ ~~~~ ~ ~ ~o • • C ~-+ CD C A~ e--r --~ W • • ~~ ~~i~t ~I1rz ~,a,2i.~ ~.~~'~'~ltl()I1 A • • U N • • w ~~X . Y ~T BACKS SE1vIOR PROJEC~ • ~c:.,~ 'f.~^ ~, :~^jf ~ ~i /l7a-~/~r ~ ~~~aaiirr~ ,YH~ ~~rynrnirNi/~ Senior Adult Living Planned Unit Development Property zoned: R-15 - R-4 • Preliminary plat application: 52 single family unit detached under Conditional Use Permit Planned unit development Parcel size: 9.97 acres Units per acre: 5.22 Street width: 40 ft. private road right of way Lot sizes: from 4640 s.f. to 8000 s.f. Size of homes: 1301 s. f. minimum Garages: 2 car Set back: See attached Stories: All single story units Roofing: To be one solid color architecture 80 shingle Painting: Four different color combinations Landscaping: All front yards will be landscaped Parking: Each unit has two car garage and space for two on driveway plus off-street parking if needed STEINER DEVELOPMENT, INC. LAND DEVELOPMENT ~ 19 E. FAIRVIEW MERIDIAN, ID 83642 ? 208~884~2076 • AMEriITIES 1. Private clubhouse 2. Pool 3. Recreation center with kitchen facilities 4. Gated security entrance 5. 6 ft. privacy wall surrounding project. 6. Future bus stop 7. Gokf cart pathway to golf course 8. 20 foot landscape buffer along Ten Mile Road 9. Donated City Fire Station 10. Landscaped median throughout project 11. 1/2 mile from proposed new Albertson store STEINER DEVELOPMENT, INC. t LAND DEVELOPMENT 19 E. FAIRVIEW MERIDIAN, ID 83642 fi 208~884~2076 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on March 19, 1996, for the purpose of reviewing and considering the Application of Steiner Development, for a Conditional Use Permit for land located in the SE 1/4, NE 1/4, NE 1/4 of Section 3, T.3N, R.1W, Boise Meridian, Ada County, Idaho, and which property is generally located immediately east of The Lake at Cherry Lane No. 3 Subdivision. The application request a Conditional Use Permit for 52 single family detached senior/adult living; 1 lot recreation center. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of February, 1996. WILLIAM G. BERG, JR., CI CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on March 19, 1996, for the purpose of reviewing and considering the Application of Steiner Development, for a Preliminary Plat for land located in the SE 1/4, NE 1/4, NE 1/4 of Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located immediately east of The Lake at Cherry Lane No. 3 Subdivision. Applicant requests Preliminary Plat approval of the parcel of land above described for 52 single family dwelling lots for The Lake at Cherry Lane No. 5 Subdivision Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of February, 1996. WILLIAM G. BERG, J ., ITY CLERK C ~ f. ~ ~ w I ~ y I.~~ f .. ~ . a I ,~~N. r. ~ _i . ~,~ Chi 1 J ~~ i 7y;• ~: ~1'1V111 N 1 _._.~.._.L. .._... ~ C~ N ae r.. ~ f ~•J~~j x r - '~ r. ... 11• ' • y w C -. s •r~ •Q ~~ .. C a ~• ~ f. ~' ~~~ •~ ~ Q ' • ~--~ .t r ~. a N N ~ r w • _, /~ ~/ _~il .~ ~ ~ ~ :- o r w _ ~ V r• 1 ~ / 1 ~ ~ ~ ~ J ~~ t ~ • ~ • w~.~' w ~ Y ~ w • ~~ ~ ~'~ t ~ ~ .,, ' Q t_ _ , Q ~ / • ~ 1 ~ 4 T ~ ~ ,, ~~ ~; ;ice '~ M ~':. ~ f ,~ t~ v ~ ~ ~.. f ~ % ~, .~ y~~~~~ {' '~. X3_.1. ~«~~...~~~~+~. • NOTICE OF HEARING C~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on January 9, 1996, for the purpose of reviewing and considering the Application of Steiner Development, for a Conditional Use Permit for land located in the SE 114, NE 1/4, NE 1/4 of Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located immediately east of The Lake at Cherry Lane No. 3 Subdivision. The application request a Conditional Use Permit for 52 single family detached senior/adult living; 1 lot recreation center. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of December, 1995. WILLIAM G. BERG, JR., I CLERK s CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL U5E PERMIT NAME: Steiner Development L.L.C. PHONE: 884-2076 ADDRESS: P'~• Box 190472, Boise, ID 83719 GENERAL LOCATION: 40 acre site east of the Lake at Cherry Lane #3 DESCRIl'TION OF PROPOSED CONDITIONAL USE: 52 single family detached senior/adult living; 1 lot recreation center ZONING CLASSIFICATION: R-15 - R-4 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contain in ' true and correct. Signature of Applicant Social Security Number sr0.OL - 33 97 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO • • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527153 DATE: December 15, 1995 l~ ~1 ~C ~ mc~ DESCRIPTION FOR THE LAKE AT CHERRY LANE N0.6 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a. portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'29" West 45.00 feet to a point mazking a point on the Westerly right-of--way of N. Ten Mile Road, and marking a point on the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for. record in the office. of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at Pages 7033 and 7034, said point also being the REAL POINT OF BEGINNING; thence continuing along said Southerly boundary and along said Northerly boundary North 88°55'29° West 723.68 feet to a point; thence leaving said Southerly and Northerly boundaries North 0° 19' 15" East 95.01 feetto a point; thence North 11°39'01"West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to a point; thence North 00°26'04" East 137.33 feet to a point mazking a point of curve; thence along a curve to the left 156.57 feet, said curve having a central angle of 08°37'32", a radius of 1040.00 feet, tangents of 78.43 feet, and a long chord of 156.42 feet bearing North 81°4722" East to a point marking a point of tangent: thence North 77°28'36" East 92.50 feet to a point marking a point of curve: thence along a curve to the right 216.69 feet, said curve having a central angle of 12°55'58", a radius of 960.00 feet, tangents of 108.81 feet, and a long chord of 216.23 feet bearing North 83°56'35" Easi to a point marking a point of tangent; thence South 89°35'26" East 271.66 feet to a point marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet, tangents of 20.00 feet, and a long chord of 28.28 feet bearing South 44°35'26" East to a point marking a point of tangent. also said point marking a point on the Westerly right-of--way of N. Ten Mile Road: Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation C~ • OPTION TO BUY AFFIDAVIT PRELIMINARY PLAT/ANNEXATION REQUEST AFFIDAVIT POSTING AFFIDAVTT I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development has an option to buy from the record owner of the land described as "The Lake at Cherry Lane No. 5 Subdivision" in an application for Preliminary Plat being submitted to the City of Meridian for consideration. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. ~~ Dated this day of '/l<~ ~~ z , 19 ~~ By: Doug pbell STATE OF IDAHO ) ss. County of Ada ) ON THIS _.~day of ~2CP_I'Y1~Oe(', 19~, before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,~2CC' G~ My Notary Commission Expires -3 - ~ , ~ My Notary Bond Expires ~ ~ ~ , ~o~~ Notary Public for Idaho ~' ~ ~: ~o T A R ~.:~ ~: .~..~ Residing at ~-~--~ ,Idaho ~ * : e ~ r • ~ ~ • ~.~ ~ ~°.AUB LZ ~~ ~~,,0 '. 1' '•.....••' ~• ~•• • ATTAC:ffiVIENT E I, Doug Campbell, a principle of Steiner Development, do verify that the information contained herein is true and correct. Doug Campbell • ATTACHMENT F CONDITIONAL USE APPLICATION POSTING AFFIDAVIT I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development is the applicant of the land described as "The Lake at Cherry Lane No. 5 Subdivision" in an application for Conditional Use Permit being submitted to the city of Meridian for consideration. I further state that I hereby officially request a Conditional Use Permit of said property by the city of Meridian, Idaho.. In addition, I hereby state and certify that the subject properly will be posted one week before the public hearing stating that the above-mentioned applications with the city of Meridian have been made. Dated this ! S day of J/Gcc'~ ~s~- , 19 g~ By. ~f~l~-r-- Doug Cam STATE OF IDAHO ) ss. County of Ada ) ON THIS day of ~P C' e t'Yt 1~P r , 19!~ before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN VVl[TNFSS WFDEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /! ~~.~'~O~' ••••••• ; 81~, '•,• Notary Public for Idaho :•' y~'~ •' p T A R y :? s Residing in ~ (~~. J.~~ ,Idaho ~' ; ~, My commission expires ~ - ~ - ~~~~ .~•- ~(• • • : • • • C ll, ~--+ CD C e~-t --+ 0 s • • r y RECORD OWNER AFFIDAVIT I, William Teter, do hereby certify that I am the record owner of the land described as the "Lake at Cherry Lane # 5 Subdivision" in an application for Conditional Use Permit submitted to the City of Meridian for consideration. Dated this day of,1i~,~ , ~,f~9,6 By: ~~ll~ ~~~ ~~ ~~ ~ William Teter STATE OF IDAHO ss. County of Ada ) ON THIS day o ~ , 1 ,before me a notary public in and for said state, personally appeared known to me to be the person whose name is subscribed to the within instrument, and ac cnowledged to me that ~f _ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires ~~ O / , #~ My Notary Bond Expires to w~~D l , ~ Not ry P is fo Idaho Residing at ,Idaho ~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Steiner Development L.L.C. PHONE: 884-2076 ADDRESS: P•0. Box 190472, Boise, ID 83719 GENERAL LOCATION: 40 acre site east of the Lake at Cherry Lane #3 DESCRIPTION OF PROPOSED CONDITIONAL USE: 52 single family detacY?ed senior/adult living; 1 lot recreation center ZONING CLASSIFICATION: R-15 - R-4 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contain rein ' true and correct. Signature of Applicant Social security Number S.Yo -ot - 3~ 97 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO ~- ~ ,. ,R ~ ~ APPLICATION FOR CONDITIONAL USE PERMIT 1. Name, address and phone number of applicant. _ Steiner Development, L.L.C. P.O. Box 190472 Boise, ID 83719 208-884-2076 2. Name, address and phone number of owner of subject property. Bill & Viola Teter 2201 N. Allumbaugh Boise, ID 83704 208-376-8465 3. Legal description of property. Please see Attachment A. 4. Proof of ownership of subject property (warranty deed) and notarized consent of Property owner. Please see Attachment B. 5. Description of eadsting use. 40 ace farm land 6. Present use of subject property. Farm land 7. Proposed use of subject property. Single family detached seniorladult housing - 52 units 'P.~.a- 8. The District (present zoning) that pertains to the subject property. R-15 - R-4 • 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" _ ~')• Please see Attachment C. 10. Characteristics of subject property which make a conditional use desirable. _ Infill site nett to existing city annexed land. Site also includes site donated for City Fire Department. Property is for senior/adult living located near city owned golf course. 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditatonal use. Please see Attachment D. 12. A fee as established by the Council; $275.00 + 51.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee. The base fee is $275.00 plus $1.42 times_$~people 126.80 for a total of $401.38 13. A statement that the applicant or user of the property agzees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. Applicant agrees with Statement No. 13. 14. The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. Please see Attachment E. 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. Please see Attachment F. • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 PROJECT: 527153 DATE: December 15, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE N0.6 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO Fax (208) 378-0025 A parcel of land being a.portion of the Southeast Quarter of the Northeast Quarter, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows; Beginning at a Brass cap marking the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, thence along the Southerly boundary of the said Southeast Quarter of the Northeast Quarter of Section 3, North 88°55'2.9" West 45.00 feet to a point marking a point on the Westerly right-of--way of N. Ten Mile Road, and marking a point on the Northerly boundary of Cherry Lane Village No. 5 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 69 of Plats at Pages 7033 and 7034, said point also being the REAL POINT OF BEGINNING; thence continuing along said Southerly boundary and along said Northerly boundary North 88°55'29" West 723.68 feet to a point; thence leaving said Southerly and-Northerly boundaries North 0°19'15" East 95.01 feet to a point; thence North I 1°39'01" West 20.50 feet to a point; thence North 04°20'56" West 281.15 feet to, a point; thence North 00°26'04" East 137.33 feet to a point marking a point of curve: thence-along a curve to the left 156.57 feet, said curve having a central angle of 08°3732", a radius of 1040.00 feet, tangents of 78..43 feet, and a long chord of 156.42 feet bearing North 81°4722" East to a point marking a point of tangent: thence North 77°28'36" East 92.50 feet to a point marking a point of curve; thence along a curve to the right 216.69 feet, said curve having a central angle of 12°55'58", a radius of 960.00 feet, tangents of 108.81 feet, and a long chord of 216.23 feet bearing North 83°56'35" East to a point marking a point of tangent: thence South 89°35'26" East 271.66 feet to a point marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet. tangents of 20.00 feet. and a long chord of 28.28 feet bearing South 44°35'26" East to a point marking a point of tangent. also said point marking a point on the Westerly right-of--way of N. Ten Mile Road; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation n thence along said Westerly right-of--way South 00°24'34" West 589:48 feet to the point of beginning, comprising 9.97 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: DGP/beb Don G. Payne, P.L.S. Pacific Land Surveyors .~ .~ a. ~ ~ •~1•t• ~• '. •i~ ,)r .~r < ~ : . ~. : / . 111~j~r1..r1 ~ ~ •. n 2Ra. i 1 • V. ~\J••J•'t •!'' iii , ~ •: •~: a7;L~~i ~;'• •~ • t. .•=• • . y. •~, .. •• ~ ,~';` 1•• 1~ .•':,:. ~' •\ ~ 1..'~`yy/4.•~ 2 •.sJ) r ~•:. tit: . •• ~1 • '~ ...!'.~ ~[•-•'~' ~ • Z. .`'::) ~:• .i ter. ~~• :=;_}~; ~. • I-?N'~ ~~ ~ ZZ COt1it2'OR-AMI-C001f'lT~~iiA ..'~~ ti :` ~• =~.:`i~.. ~:,,! ' ••' ~• .rr ~1• r { y - :! •1; .{ •. ~. ~• r ~ i• ~~ - • %':,~ tt a . ri ~ tY: r: A~~:i:H~ r ' ~~ ~•. • ` -;~:• •I!~ TIIE t41. 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',':: ~ - _: '~ :- •~` .) :i: .' .;L•A~'fYb-Thlr- •~^ if'~~y. of',ll'• . -1''` :1't9 S ^ar, :da+is;fa.:~ .; ! ~ ~ ~~:•• :I .. I :: :•1~ ~• .=q '~, S•• `'~' ••1,• mow: ~ ~~~t' • 1 . ,'~ i~ Mv~l.~/11~?• 1 ,~~«i'•• ~ i~:?i' %:•~ ~_'.`^ 1~•.i e?y.1.•wy~i~ t: ~.;,1 {: +~_~~ `t.` ~i~ ~ .. ~ •1 ~~ ~1'~~~~''~ .. + ~~!l'~~1~.~'1''1.~~~ _. ..f".~„+t!'fa•1•t~':.Y~'. ~`G~ ~_~•;._~:f?~r-'" _~• ,~'.c ~.~..t.w'Cl'1~".ti~ _ :a•., •.rw+ifrt..:I!~.!~•,_.•1:..• . . .. ~_. _~! . _ ~r--tip f :~ .; 1;. :.• r. t' •! ~;~ F L~ ~Tfil C fl/llE~vT ~ • I, William Teter, do hereby certify that I am the record owner of the land described as the "Lalu; at Cherry Lane #5 Subdivision" in an application for Preliminary Plat being submitted to the City of Meridian for consideration. Dated this da o / , 19 95- By: ..William Teter ~' A O G . !~-'~jpo $ ~l 3 ~ ~ STATE OF IDAHO ) ss. County of Ada ) ON THIS __ /~ day of ~~~ e.~ l~,c , 19 5s ; before me a notary public in and for said State, personally appeared. GU,`//,`,~,., ?'.E rr2 lrnown to me to be the person whose name is subscribed to the within instrument, and aclrnowledged to me that. /1 ~= executed the same. IN V~VITNFSS WIHIREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Notary Public for a~G~ ~_~~~ -.-_. Residing at ~ o `~ r~ ,Idaho • • I, Doug Campbell, a principal of Steiner Development, do hereby certify that Steiner Development has an option to buy from the record owner of the land described as "The Lake at Cherry Lane No. 5 Subdivision" in an application for Preliminary Plat being submitted to the City of Meridian for consideration. I further state that. I hereby officially request an annexation of said property by the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. ~ ;~ Dated this day of '/`~c~~F~r- 19 ~~ By: Doug pbell STATE OF IDAHO ) ss. County of Ada ) ON THIS f ~a~tday of ~2CPa'Y~~2(', 19~, before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN V~VITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. acc~ o My Notary Commission Expires ~ - ~ , ~ My Notary Bond Expires ~ - '~ , ~°~~ Notary Public for Idaho Residing at ~C~-(-~L.~, ,Idaho '~6 ~ ~• G ,•,~j~ ~~~ ~~4 N~~~~~~ Bf ~i~ • ~"~ ~+ • ~~ a °~y0 T A R ~' •,i r ~ ~ • ~ • • • ';e pUBL1G ~ O .` ATTAC:ffiVIENT E I, Doug Campbell, a principle of Steiner Development, do verify that the information contained herein is true and correct. Doug Campbell • ATTACFIlI~IENT F CONDITIONAL USE APPLICATION POSTING AFFIDAVIT I, Doug Campbell, a principai of Steiner Development, do hereby certify that Steiner Development is the applicant of the land described as "The Labe at Cherry Lane No. 5 Subdivision" in an application for Conditionai Use Permit being submitted to the city of Meridian for consideration. I further state that I hereby officially n~uest a Conditional Use Permit of said property by the city of Meridian, Idaho.. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the city of Meridian have been made. Dated this ! ~ day of ~/GcC~ ~s~ , 19 ~~ By: ~~~ Doug Cam STATE OF IDAHO ) ss. County of Ada ) ON THIS , day of ~~P (~ ~-P'Yl C~2 r , 19~ before me a notary public in and for said State, personally appeared Doug Campbell, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN V~VITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,Oe~ ~~ ~' G~q ~~i~ ,,~ ~Q ee~eeeeeee 8~C •~°i :••y~~•• OTARy '7 :: :~ S _.e- :~ . -~ . '.~~ J,'.el' UB L1 ~ •'~,~~~•'~ •. ~' e••....•• P .• . ~~~~9: $ ,p fit', 9'~~~ IZC~~ ~i ~ , ~ ~Ca- Notary Public,~or Idaho Residing in ~ [~..L~ ,Idaho My commission expires .3 - ~ - ~~'~~ • • • F-+ CD C A~ ---~ 0 -~ • C ~-.+ CD C A~ --~• • • ~Ji o ~~ N_..~ i., icy .,, •~ ~ r-r i~"~ ~ i - 17iNr~vy C l-~A ~'~J6 t L~ Y~N~ C3~.~~~i ,vin/ 1 6 ' `~ i'occ~ • .* ~.It'~'~1C1OI1 f~ • • ~~~~ _.ia~z _ _ _ . _.._._. _ _ .....:--~ -- - -._..:... • ;~ ~~~ ,~ .~ ,~. ,~ . ~ •,p~~ 0. 'f ~ ~ ~~ .' .~~ t' ~.;: pp ~. ~; ~o .. ~. ~ r . ~ ~ ~'~ a a e ~ o.a ~,~ ~' ~ ~ •u W, ~~ 0 ~ 1 ~ J ~o I ~~c ° d -tl i~G~oo ~~ O ~~~a 1 7 ~ ~ ~ 7 o L~ . ~ ~ '' ~ ~ ij ~ r \ . ~- ~~ . +J,y~ 8 ~ ~ ~ c 1~rd ~~c , ~a ~ 0 ~ a'~ ~ . Qia4_ • h~~ C ~• N _ • • w ~~K . s \~~ ~~ ^C f"~'~ r~ N O W l^` v V v ~~ • • C ~,~(~e'.oG F Elevation A Elevation B BACKS SEHIOR PRO ~ ~ s$ ~. < i ~; Senior Adult Living Planned Unit Development Property zoned: R-15 - R-4 Preliminary plat application: 52 single family unit detached under Conditional Use Permit Planned unit development Parcel size: 9.97 acres Units per acre: 5.22 Street width: 40 ft. private road right of way Lot sizes: from 4640 s. f. to 8000 s. f. Size of homes: 1301 s. f. minimum Garages: 2 car Set back: See attached Stories: All single story units Roofing: To be one solid color architecture 80 shingle Painting: Four different color combinations Landscaping: All front yards will be landscaped Parking: Each unit has two car garage and space for two on driveway plus off-street parking if needed STEINER DEVELOPMENT, INC. • LAND DEVELOPMENT • 19 E. FAIRVIEW MERIDIAN. ID 83642 + 208.884.2076 :, :; '~. ~~ ` / ~ (~ / ~~ 11~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 Private clubhouse Pool Recreation center with kitchen facilities Gated security entrance 6 ft. privacy wall surrounding project Future bus stop Golf cart pathway to golf course 20 foot landscape buffer along Ten Mile Road Donated City Fire Station Landscaped median throughout project 1/2 mile from proposed new Albertson store STEINER DEVELOPMENT, INC. •:• LAND DEVELOPMENT •:• 1 9 E. FAIRVIEW MERIDIAN, IQ 83642 •3 208~884~2076 Meridian City Council April 2, 1996 Page 15 we get the information that we are desirous of. Corrie: We can do that at that time. I will continue the vote. ROLL CALL VOTE: Morrow -Yea; Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor the decision would be that it is decided pursuant to the above stated findings of fact and conclusions of law that this application for a variance from 11-9-605N of the revised and compiled ordinances of the City of Meridian is hereby tabled until the 7th day of May, 1996. Rountree: Second Corrie: Motion is made and seconded on the decision, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER DEVELOPMENT: Corrie: Council you have the findings of fact and conclusions of law in front of you, any discussion at this point? Morrow: On page 9, item 4, I believe the number 5 should be inserted in, 40 foot right of way, five foot sidewalks on one side. On age 20, item 2, last sentence, it says totally reconstruct them in 20 parentheses, it should say 20 years not 30. Same issue on page 24, item 11, last three words, them in 20 parentheses it should be 20 years not 30. The last comment I have is with respect to under conclusions on page 23, item 6, it says constructing and placing the recreation club house and all amenities thereto including the swimming pool. On page 13, in the testimony, I am sorry page 16 in the testimony it was indicated that the club house, for the club house the structure would be built immediately upfront with the subdivision improvements and so I think that ought to be reflected in line 6, that the construction time is as advertised or as presented to us by Mr. Bradbury and Mr. Campbell that it would be done up front. Rountree: 1 would make the same comment for item 7 as well. Morrow: That would be correct. . . t ~ ~ Meridian City Council April 2, 1996 Page 17 Smith: The remainder I assume will be a landscaped area or grass or whatever. This street- section if it is centered in the 42 foot right of way, it will put the back of the sidewalk right on the right of way line, the street section could be off centered so that there could be a small space adjacent to the back of sidewalk between the bads sidewalk and property line, but nevertheless if it is centered it will fit. Corrie: Any other corrections? I will entertain a motion on the findings of fact and conclusions of law as corrected. Morrow: Mr. Mayor I would move we adopt and approve these findings of fact and conclusions of law as amended. Rountree: Second Corrie: Motion made by Mr. Morrow,.second by Mr. Rountree that we approve the findings of fact and conclusions of law as amended, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that the City Council hereby decides that this application for a conditional use permit is approved under the conditions stated above as amended and these findings of fact and conclusions of law. And the conditional use approval is subject to all City ordinances specifically including but not limited to 11-9-607 design review, plat approval under the procedures of the subdivision and development ordinance and if all requirements or representations made are not met this approval shall be subject to cancellation and the property subject to de-annexation. Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree on the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.5 BY STEINER DEVELOPMENT: Corrie: The developer here would like to say something. ~ ~ MERIDIAN CITY COUNCIL MEETING: APRIL 2.1996 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 5 b 6 REQUEST;_CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. S WITH A PRELIMINARY PLAT 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: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW . 1 e c y I1 ~ C4 T 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: ~µ ~~~E ~ti~ ~3~~ ~tiP~ ~~ ~ a P~'' ~~ ~,~ ~~ ~ f~" OTHER: pal Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL THE LAKE AT CHERRY LANE NO. 6 BY STEINER DEVELOPMENT CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT SE 1/4 UE 1/4 SECTION 3, T.3N., R.1W. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing, March 19, 1996, at the hour of 7:30 o'clock p.m. on said date, the Applicant appearing through attorney Steve Bradbury, spokes person for Steiner Development, the Meridian City Council having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for March 19, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 19, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies ~~f all notices were available to newspaper, radio and television stations. 2. The Applicant is not the owner of record of the property, but the owner of record, William E. Teeter, consented to the annexation and zoning application, which is on file, but no consent to the conditional use permit, as the Applicant requests, is on FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 THE LAKE AT CHERRY LANE N0. 5 • file by the owner, Mr. Teeter. That Steiner Development asserts that it has an option to buy from the record owner of the land described; that the property is described in the application which description is incorporated herein. 3. That the land is zoned R-15, Medium High Density Residential District, and R-4, Low Density Residential District. 4. That the property included in the application for conditional use is described in the application and booklet submitted as a part thereof as are all of the documents, drawings, representations, and testimony submitted by the Applicant, and by this reference all are incorporated herein as if set forth in full. 5. That the property was a portion of Mr. Teeter's 40 acre farm; that the property is on the west side of Ten Mile Road between Ustick and Cherry Lane; that the adjacent property to the east is a residential subdivision across Ten Mile Road which is zoned R-4; that the adjacent property to the south is a portion of Cherry Lane Village No. 5, which is zoned R-4 Residential; that the adjacent property to the West is a portion of The Lake at Cherry Lane Cherry Lane Subdivision No. 5, which is zoned R-4; that the adjacent property to the north is land which has been annexed and is known by the name E*.glewood Estates. 6. That on November 9, 1994, at a City Council meeting, but not a public hearing, the Applicant presented a concept plan for development; Applicants's representative stated that there would be 20 acres of R-4 and 20 acres of R-15; that there would be elderly garden one level homes with gated, high security clusters with FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 THE LAKE AT CHERRY LANE N0. 5 • liberal common area and private roads to the Garden homes and to the town houses; that there would be restrictions on children living there; it would be for people of 55 years and older; that the homes would be of high quality; that they were donating a fire station and that they were working on a school site; that there would be 20 acres in phase one. 7. That at the September 15, 1995, City Council meeting, the Applicant presented a new concept for the development; the Applicant's representative, Steve Bradbury, stated the request is to have a portion of the. land zoned R-4, a portion zoned R-8, and a portion zoned R-15; that the R-4 and R-8 portions were done as a preliminary plat with the R-15 done as a concept plan; the R-15 was broken into two portions, with the northern portion being developed as a condominium/town house project and the southern portion being developed as a single family detached and single family attached dwelling project; that a part of the southern portion of the R-15 area abuts the R-4 Cherry Lane Village Subdivision; the Applicant presented a preliminary plat, a colored drawing and an 8 1/2 X 11 rendering of the preliminary plat; it is the southern portion that is now being presented with all homes being single-family detached homes; that a preliminary plat was submitted. 8. That the Applicant's representative, Steve Bradbury, testified before the Commission regarding this application, basically as follows: Applicant is attempting to re-divide the southeasterly portion of the property which consists of approximately 10 acres and is zoned R-15; that the developing will be done in phases; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 THE LAKE AT CHERRY LANE N0. 5 • that the south half of the property will be developed first, as The Lake at Cherry Lane No. 5, and the north half of the property developed second, as The Lake at Cherry Lane No. 6; that this project is contemplated as a senior citizens complex comprising 52 single family detached dwellings, about 5.2 units per acre, all homes were now going to exceed 1,400 square feet, as presented by Mr. Bradbury in a drawing or partial plat, and include 2 car garages, with the option for a three car garage on the units in the R-4 zone designation on the larger lots to the south; that the dwellings will be single story. Mr. Bradbury added that the developer, Steiner, Inc., intends to do a great deal of landscaping both on the perimeter of this project and at the entrances and within, which would be the proposed recreation center and club house; that the developer still intends to donate to the City afire station site, however the dimensions of that fire station site have changed from what was previously proposed as 160 by 160 square, to now being 148 by 170 feet as a result of the re- design for the R-4 lots along the south boundary with 80 foot frontages. Mr. Bradbury stated that as a planned development, some exceptions from the standard district regulations are permitted; he stated that the developer is seeking some exceptions; that on the interior of this portion of the subdivision, private streets would be a provision; that a private security gate would be installed at this location; that the right of way widths which are proposed are 40 feet and they would include a 5 foot sidewalk on one side of each of the street in the subdivision, so each street within the project will have sidewalk on at least one side, and in some places both sides; that the Applicant is willing to handle parking or no parking as the City or the Fire Chief sees fit and will abide by placing no parking signs and include, in the restrictive covenants, prohibitions against parking and require the homeowners association to enforce the no parking requirements. That another exception the developer is seeking relief from is the minimum street frontage requirement on a few lots; that primarily the lots that are on the four corners, the outside corner of the subdivision where the roads turn, would be redu~:ed to 25 feet of frontage, as opposed to the required 40 feet; that the Developer was requesting that the requirement that the parking spaces provided for the recreation center be separated from the road right-of-way by four feet (4'), be reduced since the road is a private road and not likely to be too heavily travelled; that more parking spaces than are minimally required by the ordinance are being provided; that he requests that some consideration be given to reducing the minimum front setbacks on a fair number of the lots; that the smallest front yard setback that is being proposed is 12 feet, with a few at 14 feet, some at 15 feet, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 THE LAKE AT CHERRY LANE N0. 5 • and one is proposed at 16 foot front yard setback. Mr. Bradbury went on to say that the developer has a few rear yard setbacks that the Developer would request be reduced from the standard of 15 feet to a couple of 13's, a 14, a 12, a 10 and an 8 foot rear yard setback; that the designations of requested set-back variations are set forth in section 7 of the Applicant's Application booklet, which is incorporated herein as if set forth in full; that this request is largely due to the re-design of the subdivision because of the R-4 sized lots being added on southern portion; that pressurized irrigation will be provided and would be provided from the same source as it is proposed for the Lake at Cherry Lane Subdivisions No. 3 and 4; that a contract with the Nampa and Meridian Irrigation District will be secured providing, titling and maintaining the system in the future. That Applicant`s representative and Commissioner Oslund had discussion about the front set-backs for Lots 8 to 13, Block 11, with the Commissioner stating that the requested 12 foot set-back appeared to be too small and that it appeared that they could have 18 foot front set-backs if the garage was not six feet from the face of the house and if Applicant changed that they cau.ld have 18 feet for the front set-back and as a minimum distance from the garage door to the back of the sidewalk; Mr Bradbury agreed that could be done and they would be will to coagly with that condition. The two also spoke about Lots 2 to 6, Block 11, having double frontages and Commissioner Oslund stated that there needs to beS'~Yome kind of special treatment; Mr. Bradbury stated that they could address some of those concerns with landscaping such as berming, trees and shrubs. They also discussed the 80 feet of roadway in the entrance road; Commissioner Oslund stating that it could be lowered to 60 feet so that Lot 35, Block 11, would be allowed to have more of a backyard and Lot 1 and 35, Block 11, could have more than a five foot side yard and closer to 20 feet, which is required on a corner lot. Mr. Bradbury stated that they would be pleased to work these problems with the City staff. Commissioner Hepper then asked if the number shown on each lot in the plat-type drawing was the livable space, not coy°:nting the garage; Mr. Bradbury stated j.hat Mr. Hepper's question and basic response was correct that those numbers represented the total living space in the home that would be constructed on that lot. 9. The project was changed somewhat to meet many of the Planning and Zoning Commission comments and Mr. Bradbury testified before the City Council basically as follows: FINDINGS OF FACT AND CONCY,USIONS OF LAW Page 5 THE LAKE AT CHERRY LANE H0. 5 • • We have a 52 unit senior citizen community. Portions of it is zoned R-4, R-8 and portions R-15. The Council conditioned the R-15 that a separate application be made for it as you wanted to see a separate preliminary plat and a conditional use permit. This application is for the southeasterly ten acres that was proposed to you in a conceptual plan as the senior citizen complex. The action you would have before you at the preliminary plat stage would be to redivide Lot 10, Block 11, into 52 smaller individual building lots. He explained what was behind each tab in the booklet that. had been submitted; tab one is a summary statement of how the property would be developed; tab two is the subdivision application; tab three is the P ~ Z findings of fact and conclusions of law which recommended approval of the project; tab four is new revised plat we had hoped to be able to present but unfortunately it was not completed but we have it to shown the City Engineer and the next page behind that tab four is the plat presented to the Planning and Zoning Commission; behind tab five is a list of amenities that are proposed to be included and the site plan for the recreation center that is proposed to be constructed and a rendering of it building elevation; behind tab six are the available floor plans and elevation options and there are four different floor plans, two elevations each so there is a total of eight different models and each four floor plan is a different size; behind tab seven is the new site plan that we are asking approval of tonight and also behind tab seven is a drawing that is the proposed sidewalk plan approved or recommended for approval by the P. and Z. Commission, and then there is a third map which shows the requested variance setbacks which were being proposed before P. & Z. which is included this in this booklet not because we are asking approval of these setbacks but in order to get away from the need to deal with all of these setback concerns; behind tab eight are some proposed building materials which would be used in the project such as stucco, brick and roofing materials and we have submitted literature that describes the type of building materials that are proposed. to be used. The theory is to create a complex for persons 55 years of age or older as permitted under Federal law. The project consists of 52 lots for single famil~• detached dwellings. It is on approximately ten acres with a density of about 5.2 units per acre. Now from what was presented there are no multi-family, duplex or triplex buildings, they are all single family detached; the reason for the change was that a more thorough market research study concluded single family detached homes were preferable to duplex and triplex type units. There thus is a reduction in the number of units being proposed. There was 63 units proposed but this is a total of 52, a reduction of 11 units. Behind tab four is the old and the new and you can see the density has been reduced. The lot FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 THE LAKE AT CHERRY LANE N0. 5 • • sizes proposed here range from approximately 4400 square feet up to 8000 square feet. The 4400 square feet exceeds the minimum dimensional standards for the R-1; the 8000 square foot .lots bordering the southern portion of the property in the area the Council determined should be zoned R-4 and we are talking about a floor plan of about 1,400 to 1,800 square feet; for the 1, 400 square feet we are proposing 12 units, for 1, 500 square feet 16 units, for 1, 600 square foot 14 units and for the 1,800 square foot size 10 units. -- Behind tab seven it says for 1,440 it should say 12, for 1,541 it should be 16, for 1,620 it shoulii be 14, and. for 1,827 it should be 10. We have increased the number of larger units in the project. If you look behind tab seven the square footage numbers are included inside the building depiction so you have an idea of where each of the various sized units are. All of the units would be single story, all of the units would have a two car garage except for some of the units along the southerly boundary in the R-4 zone and they would have an option for a third stall. We still have the entry off of Ten Mile Road. The landscaping and all exterior amenities remain the same; we are not proposing any changes to that. We still have the perimeter wall that goes around the project; we still have the 20 foot landscape strip on Ten Mile Road; the golf cart access point is still shown and one is come across lot 14. The Applicant still intends to donate the fire station site to the City. The dimensions of fire site were 160 feet by 160 feet which has been changed to 148 feet in width X 170 feet in depth. The reason for that dimensional change was to meet the R-4 dimensional requirements that the Council imposed on the R-r zoned by the fire station site. The rec center is still centrally located and is depicted behind tab five and is on Lot #52 with swimming pool, parking spaces, club house, kitchen facilities, storage spaces, and hopefully a space that can be used by the residents that will be living there. As you know under the planned development provisions the applicant may seek exceptions from the standard district regulations and we request some, one of which is that the applicant be permitted to construct~2,Private streets. The proposal private streets is to have s~'6 feet of right of way and a five foot sidewalk on on% side of the street; there would be a private security gate installed at the entrance to this portion of the project to provide a little extra measure of security for the people living there. There has been some concern about parking on the private streets and whether or not that would create interference for emergency vehicles. The fire chief has apparently indicated that he feels it is perfectly adequate as long as parking is restricted to one side only and the Applicant is willing to comply with that restriction and signs the fire chief desires will set be up to enforce the no parking requirements and through the .FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 THE LAKE AT CHERRY LANE N0. 5 • restrictive covenants of the homeowners association. The Planning and Zoning Commission passed a favorable recommendation for you to approve the private streets for this project. That was one of the things that I was telling you was not in their findings but was a change they made during the meeting when they approved the findings. Another exception is that the standard lot frontage requires 40 feet of frontage. We are asking for a reduction as dimensioned on the plat. The reduction is down to approximately 25 feet to make the lots fit; the Commission passed on a favorable recommendation on that. For the rec center the ordinance requires a four foot separation between the street and a parking area. To get the parking space in we ask for an exception from that four foot separation and that the parking spaces be permitted to be located immediately adjacent to street. Our argument is that since the streets are requested to be private streets, with hopefully little traffic, we should not have a conflict between the parking spaces and the street. The Commission passed on a recommendation to allow that exception. Another issue is smaller front yard, back yard and side yard setbacks. Behind tab seven those are shown. The Commission agreed it could be recommended to reduce the front yard set back from 20 feet to 15 feet, but all other setbacks would be by Ordinance. This issue caused the applicant to go back and do redesign work find a way to get those setbacks taken care of. We have done a redesign in an effort to meet those requirements. It has resulted in a couple of changes. Behind tab four you see some landscape islands in the corners in various places. We had to eliminate those in order to make some room. In addition the westerly boundary is not straight and we propose to make it straight which results in it adds more area to this portion of the project. By eliminating those landscaped areas, straightening that line, and adding some distance we are able to deal with most of but not all of the set back problems. We propose to have the Council is agree to permit an exception on the front set back to 15 feet instead of the required 20 feet, which change the Commission recommended for approval. We will have 15 foot rear yard set backs in accordance with the ordina~lce. We would have five foot side yard setbacks except for street side yard set backs which are required to be 20 feet. Our proposal that be changed to 15 feet. The change is for a few corner lots. We are asking for 15 foot setbacks on the side yard set backs on those corners There is one more exception. The two lots at the entry were proposed before Commission to have five foot side yard set backs because we are building a fairly large entry road there. It is 80 feet and the reason is to make sure there is room for people to manoeuver since there is going to be that private security gate. The Commission suggested the 80 foot FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 THE LAKE AT CHERRY LANE NO. 5 • • right of way be reduced to 70 feet so that we would have 10 more feet for the side yards on those lots. We were able to get the ten feet through the redesign without reducing that right of way dawn. Our proposal would be to permit us to retain the 80 foot right of way there and allow ten foot side yard street setbacks for the two lots on the entry way. We have met with staff a number of times and are willing to comply with all staff's recommendations. You have our submitted written comments. We think that for the most part all of the issues are worked out. There may be a couple of details still need to get staff and we are certainly willing to do that as maybe necessary. If you are inclined to approve this project as proposed you need to do so by and imposing a number of conditions and I will try to go through them quickly. First, the eastern boundary be straightened, realign the boundary between the R-4 and the R-15 , and we will submit a legal for that and the City needs to adopt an ordinance amendment. Second, the 15 .foot front setback [ instead of required 20 feet ] , 15 foot rear [ as required by Ordinance ] , five foot side yard and a 15 foot street side [20 feet required], except the entry lots and in that case they would be 10 feet [20 feet required]. Third, consider permitting elimination of the landscaped islands . The four corner landscaped islands that were shown on the preliminary plat. We are ask to eliminate those. Fourth, consider private streets; that would be a 40 foot right of way,5~sidewalks one side, and no [j1] parking restrictions, as required by the fire chief. ~~~ Fifth, reduced [street] frontages from the required 40 feet down to, I think the smallest is 25. Sixth, regarding the parking areas and the rec center, allowing exception from the requirement that they be separated 4 feet from the roadway. Seventh, provide the City with a deed to the fire station [site] at the time that the final plat is submitted for approval [instead of 160' by 160' to 148' by 170 feet']. That is all that I have to present to you at this point. I am pleased to respond to any questions that you may have. 10. That the Appl~::ant submitted its conditional use application in booklet form, which is incorporated herein as if set forth in full, and shall herein be referred to. as "Booklet". 11. That 11-2-410 A requires the following yard setbacks when there is a single-family structure and the house is on a local road: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 THE LAKE AT CHERRY LANE N0. 5 Minimum front yard set-back Minimum rear yard set-back Minimum side yard set-back • 20 feet 15 feet 5 feet per story; requires the following minimum lot sizes: Lots in the R-4 District Lots in the R-5 District 8,000 square feet 2,400 square feet/per dwelling unit; and requires the following minimum street frontage for each zone, to wit: Lots in the R-4 District Lots in the R-5 District 80 feet 50 feet. 12. That the Assistant to the City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari Stiles, the Meridian City Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 13. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer, are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect cr an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 THE LAKE AT CHERRY LANE N0. 5 • • City Ordinances; f. That the paving and striping shall be in accordance with .the Americans with Disabilities Act; g. That a master street drainage plan be submitted, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage districts(s); h. That determination of the seasonal high groundwater elevation and profile of the subsurface soil conditions, shall be prepared by a qualified Engineer or soil scientists; i. That a copy of the proposed restrictive covenants and/or deed restrictions be submitted for review; j. That 5 foot .wide sidewalks shall be provided in accordance with City Ordinance; k. That placement of the fire hydrants be coordinated with the City of Meridian's Water Works Superintendent; 1. That a letter from the Ada County Street Name Committee be submitted, approving the subdivision and street names, making any necessary corrections to the Preliminary Plat map prior to re-submittal to the City; and m. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. That Mr. Freckleton submitted site specific comments which are as follows: a. That revision to the Preliminary Plat needs to include the source for the pressurized irrigation system; that the system shall be designed such that no lateral lines run Parallel within the street right-of-we.ys; that crossing from block to block will be allowed; that any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system will be; b. That 100 watt high pressure sodium street lights will be FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 THE LAKE AT CHERRY LANE N0. 5 • required at locations designated by the Meridian Public Works Department; that all street lights shall be installed at subdivider's expense; c. That the Meridian Fire Department and Meridian School District need to review and, approve of the travel way widths but a concern about the narrower width of the roadways making navigating for school busses and emergency vehicles more difficult; that as an absolute minimum, "No Parking" signs should be posted along one side of the street; d. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development; and e. That a condition of this application, the Applicant address all of the previous comments from the Meridian City Engineers office and submit a Preliminary Plat Map that represents the current development proposal. 14. That comments were submitted by Shari Stiles, Planning and Zoning Administrator, stating that it is common in a Planned Unit Development that exceptions can be made by the Council to district regulations when they are desirable to achieve the objectives of the proposed planned development; that other variances/exceptions that would need to be approved to grant this conditional use permit in the R-4 and R-15 zones and the Planned Unit Development, as presented, would be: 1. Minimum lot sizes 2. "Frontages 3. Minimum roadway widths/private drives 4. Parking areas closer than 4' from road right-of-way; depths less than Ordinance requires 5. Provision of 5' sidewalks on each side of the roadway in accordance with City Ordinance Section 11-9-606, B, 11. 6. Front and side yard setbacks (5' per story on side) That the Applicant shall submit the following additional information: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 THE LAKE AT CHERRY LANE NO. 5 • 1. A colored rendering of adequate scale to show the completed development that will include at least the following itess: a. Architectural style and building design; b. Building materials and color; c. Detailed landscape plan showing sizes and species, particularly for 20' planting strip along Ten Mile Road; d. Screening; and e. Garbage areas. 2. That an Ada County Street Name Committee approval needs to be obtained. 3. Proposed restrictive covenants and deed restrictions submitted. 4. Master street drainage plan submitted. 5. Ada County Highway District Technical Review Committee approval. 6. Indicate minimum house size on plat. 7. Permanent perimeter fencing to be in place prior to obtaining building permits. 8. Recreation center to be completed as part of initial development. 9. Submit approval from Nampa-Meridian Irrigation District/Ada County Highway District for pressurized irrigation/drainage plan. (Will ACHD take responsibility for proposed drainage pond, or will this be maintained by the Homeowners Association?) 10. Provide detail of pedestrian walkway/golf cart access currently shown on Lot 14, Block 11, as well as gates proposed with the development; and 11. No Parking areas to be enforced by Homeowners Association; that parking may need to be prohibited adjacent to landscape islands and allowed on one side of street only in other areas. 15. That the Meridian Police and Fire Departments, Central District Health Department, and the Nampa Meridian Irrigation District, did submit comments and such are incorporated herein as FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 THE LAKE AT CHERRY LANE PO. 5 if set forth in full. n U 16. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 zone; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "A PD shall be allowed only as a Conditional ®se in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located.. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Development shall be subject to design review by the City staff and Council; that Sections 11-9-607 A through H are incorporated herein as if set forth in full; that 11-9-607 E states that a PD shall be allowed only as a Conditional Use in each district, shall be governed by the regulations of the district in which it is located, that a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, sign, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: architectural FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 THE LAKE AT CHERRY LANE N0. 5 • style and building design, building materials and color, landscaping screening, garbage area, parking, and open space. That Section 11-9-607 F 3. states that the Owner's Association Bylaws, and other similar deed restrictions, shall meet with the approval of the Council; that Applicant has not submitted bylaws or covenants, conditions and restrictions to the City. 17. That any comments from the Ada County Highway District, not yet received, will be incorporated as if set forth in full. 18. Applicant has indicated that the streets within the subdivision will be private but will meet all standards. Applicant has requested that several Ordinance requirements not be required, which is allowed in a Planned Unit Development; it specifically requested the following exceptions: 1. Private streets. 2. 5 foot sidewalks only on one side of the roadway, in accordance with City Ordinance Section 11-9-606, B, 11. 3. Street frontages of only 25 foot street frontage for four outside corner lots rather than 40 feet. 4. Smaller minimum roadway widths. 5. Parking areas closer than 4' to the road right-of-way. 6. Front setbacks of only 15 feet rather than 20 feet. as ffal~c~ ~~- 7. Side yard setbacks for lots on corners be reduced and f~~t ten foot side yard setbacks on the two lots on the south side of intersection of W. Teeter Boulevard and N. Kirkam Way. 8. Smaller lot sizes. 9. And others. 19. That sewer and water is available to the property and is required. 20. That the R-4 and R-15 Residential Districts are described in the Zoning Ordinance, 11-2-408 B. 3. and 5. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 THE LAKE AT CHERRY LANE N0. 5 • • density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 21. That the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone and houses of 1,301 square feet are required in the R-15 zone, unless there are dispersed among the development houses of varying size as allowed in 11-4-411 d 2. 22. That Section 11-2-411 B states as follows: "All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." 23. That Mr. Bradbury responded to questions from the City Council; he responded that the deed to the fire station site would be handed to the City at the time that the final plat is in our hands, which he thought would be in 60 to 90 days; on the timing sequence for the club house he stated that that structure would be built immediately, up front with the subdivision improvements and they are not going to build the project, sell the lots and then FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 THE LAKE AT CHERRY LANE NO. 5 • • build the recreation center and the rec center would be built up front; that there would be a pathway connected into the adjacent subdivision; that the proposal is to connect to a previously proposed and approved golf cart path so that there is direct acces s to the golf course but he could not say that path goes all the way to the golf course and stated that there are portions of it where they are required to go onto public streets; in response to a 42 question about a ~ foot of road right of way and the roadway typical section, he responded that, Mr. Campbell tells me it is ~4 42 feet of right of way with 28 feet of pavement. Mr. Campbell responded that the street section should be 28 feet of pavement, 2 feet of gutter on each side and five foot sidewalk on the one side; in regard to drainage, Mr. Campbell responded it would be all underground retention; with regard to CC & R's he responded that the homeowners would. 24. In response to a question about the preliminary plat, Gary Smith, City Engineer responded that the City has not seen a preliminary plat yet that shows the changes that Mr. Bradbury has got, they have been in my office and, met with me concerning the changes that they were proposing. 25. Councilman ToJsma questioned again about the roadway ar.d its width stating he understood them to say it would be 28 feet of pavement, 2 feet of gutter on both sides of street and five foot sidewalk on one side, and in that case there is only 37 feet. Mr. Campbell responded that they have sidewalks on one side of the street, but there are same areas where it is on two sides but he FINDINGS OF FACT AND CORCLUSIONS OF LAW Page 17 THE LAKE AT CHERRY LANE NO. 5 • • was not looking at a street section drawing, but he thought there was 40 feet as had been stated. 26. That proper notice has been given as required by law and all procedures before the City Council have been given and followed. 27. There was no public testimony. 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 of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That tb~: City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 5. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 and R-15 zones; that the Subdivision and Development Ordinance speaks to planned unit FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 THE LAKE AT CHERRY LANE N0. 5 developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "A PD shall be allowed only as a Conditional IIse in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desireable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; 6. That on the first page of tab number 1 of Applicant's Booklet states that the size of the homes would be a minimum of 1,301 square feet, however the square footage of the homes was represented during the public hearings, and submitted on a plat- like drawing, as all being 1,400 square feet or in excess thereof; that all of the square footages on the drawing exceed 1,400 square feet and it was represented that all homes would at least be that size; that since the square footages of the homes were represented as being 1,400 square feet, or larger, it is concluded that all of the homes constructed in the subdivision shall exceed 1,400 square feet. 7. That at the public hearing Mr. Bradbury stated that most of the streets would be private with 40 feet of private road right- of-way; that he also stated that Applicant desired less setback than was required by the Ordinances and that there were other Ordinance requirements that they were requesting; that in Finding of Fact No. 13. the desired exceptions from Meridian Ordinances that the Applicant desired are stated; from the above Findings of .FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 THE LAKE AT CHERRY LANE N0. 5 • • Fact, the documents submitted, the testimony, the record, and all representations, it is concluded that since this application is a planned unit development and that under 11-9-607 E the City has the ability to grant requests for changes from the Ordinances of the City without requiring a variance., that the action on the requested exceptions should be as follows: 1. That the streets may be private but shall be constructed to meet ACHD construction standards and requirements and the Applicant shall establish, in the CC & R's, a means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the streets at any and all times of the year such. maintenance is required, and to totally reconstruct them in twenty (20) years. 2. That 5 foot sidewalks may be constructed only on one side of the roadway, and the Applicant shall establish, in the CC & R's, a means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the sidewalks at any and all times of the year such maintenance is required, and to totally reconstruct them in twenty ~ years. 3. That street frontage of only 25 feet, rather than 40 feet, is allowed for the four outside corner lots rather than the 40 feet requirement. 4. That the street right-of-way may be 40 feet, but not less than that. 5. The parking area next to the recreation center may be closer than 4' to the road right-of-way. 6. Front setbacks of only 15 feet, rather than 20 feet, are allowed, but not less than that, and no other reductions in the setbacks are allowed, except a~ stated herein. ,'rated Jr~ /isf 7. Side yard setbacks for lots on corners may be reduced for the lots that are on W. Teeter Boulevard, but not on other lots. 8. There shall be no lots smaller than allowed by Ordinance. 9. That the two lots on the south side of the intersection of W. Teeter Boulevard and Kirkam Way may have ten foot side yard setbacks, bnt all other side yard setbacks FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 20 THE LAKE AT CHERRY LANE N0. 5 • • shall be met on other lots whether they are located on corners or not. 8. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The Planned Unit Development use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c. The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which is the Cherry Lane Village, The Lake at Cherry Lane, Golf View, and Golf View Estates Subdivisions; however, the Applicant represented the exact square footage requirements on each lot, all which meet the square footage requirement for the R-4 district, represented what the roofing, sideboard, brick, subdivision layout, and most of the floor plans that would be constructed. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available and will have to be installed any: connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 21 THE LAKE AT CHERRY LANE N0. 5 • • by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. That regarding the conditional use finding that must be addressed pursuant to 11-2-418 C 3. as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course area, including Cherry Lane Subdivision, Golf View, The Lake at Cherry Lane and Golf View Estates; that by making this proposed subdivision for a senior citizen living complex does not remove the conditional use requirement that the proposed use be harmonious with the general vicinity. 10. That Section 11-9-607 G. 8. provides that all planned development shall be subject to design review by the City staff and Council; that it is concluded that design review should be a requirement and Applicant required to comply with it. 11. That all ordinances of the City of Meridian should be met, including but not limited to, the Zoning Ordinance and the Subdivision and Development Ordinance, both as modified by Section 11-9-607 of the Subdivision and Development Ordinance and these Findings of Fact and Conclusions of Law, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, and all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 22 THE LAKE AT CHERRY LANE N0. 5 • 12. That it is concluded that the Applicant should be required to meet, and comply with, the requirements of Bruce Freckleton, Assistant to the City Engineer, Shari Stiles, City Planning and Zoning Administrator. 13. That the Applicant and its agents made representations regarding the Application and the development of the property to achieve approval of the Application, or parts thereof, many of which are in these Findings and Conclusions, but all of which are in the record; that all representations made, as they pertain to what the City Council may ultimately approve and in meeting the Ordinances of the City of Meridian and these Findings of Fact and Conclusions of Law, should be met; that if the representations are not met the approvals made shall be subject to cancellation and the property subject to de-annexation. 14. That the representations made by Applicant or its agents or requirements of the Ordinances of the City of Meridian which should be met and complied with include, but are not limited to, the following, unless the request or application for a change in a City requirement, or variance therefrom, was denied by the City: 1. All Ordinances of the City. 2. Meeting the requirements of City Staff. 3. Meeting all representations in the "Booklet" and included in the testimony. 4. Construction of 1,400 square foot single story homes with at least two car garages. 5. Donate to the City the fire station land prior to final plat approval of this subdivision. 6. Constructing and placing the recreation and club house and all amenities thereto, including the swimming pool.GtP~~r~nt 7. Constructing, planting and placing all landscaping at the perimeter, entrance and within the subdivision. uP f~on,t 8. Meet the comments of the Fire Chief regarding parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 23 THE LAKE AT CHERRY LANE N0. 5 ~ ~ 9. Tile all waterways and construct and supply pressurized irrigation. 10. Construct and have substantially more parking that .required by Ordinance. 11. Construct, comply and/or perform with the comments made in Conclusion No. 7., particularly including establishing in the CC & R's, a means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the streets at any and all times of the year such maintenance is required, and to totally reconstruct them in twenty (20) years and establishing a similar means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the sidewalks, at any and all times of the year such maintenance is required, and to totally reconstruct them in twenty (~ ) years. or obtain written permission from the City to meet, and meet, the applicable City Ordinance or ACHD requirement. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BF.EARER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 24 THE LAKE AT CHERRY LANE NO. 5 DECISION The Meridian City Council hereby decides that this Application for Conditional Use is approved under the conditions stated above in these Findings of Fact and Conclusions of Law; that the Conditional Use approval is subject to all City Ordinances, specifically including, but not limited to, 11-9-607, design review, plat approval under the procedures of the Subdivision and Development Ordinance, and if all requirements or representations made are not met this approval shall be subject to cancellation and the property subject to de-annexation. MOTION: APPROVED: DISAPPROVED: .FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 25 THE LAKE AT CHERRY LANE NO. 5 Y • 7 Meridian City Council March 19, 1996 Page 26 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the recommendation, any further discussion? All those in favor of the recommendation say aye? Opposed? MOTION CARRIED: All Yea Corrie: Entertain a motion for an ordinance? Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to direct the attorney to draw up an ordinance, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Tolsma: Mr. Mayor, on the next two items I have a conflict of interest because (inaudible) Corrie: Council? Morrow: Mr. Mayor, we have allowed Councilman Tolsma to stand down before, I guess from my perspective I don't have a problem with that conflict, I don't believe it to be a major conflict so I would leave the decision to him. Corrie: Do you still wish to stand down? Tolsma: I would like to stay. Morrow: I would so move Rountree: Second Corrie: Motion by Mr. Morrow, second by Mr. Rountree that Mr. Tolsma allowed to stay on the Council for these two public hearings. You have heard the motion, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR 52 • Meridian City Council March 19, 1996 Page 27 • SINGLE FAMILY DETACHED SENIOR/ADULT LIVING, 1 LOT RECREATION CENTER FOR THE LAKE AT CHERRY LANE NO. 6: Corrie: I will now open the public hearing, is there a representative on that? Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Mayor and members of the Council you have before you an application for a conditional use permit and a planned unit development. The agenda item we are on at the moment of course is the conditional use permit my thinking is that I will just make one presentation and perhaps when we open the next public hearing I will say ditto or something like that so you only have to listen to me one lime. What we have as the Mayor indicated is 52 unit senior citizen community. By way of background just to bring you back up to speed, last October I believe it was the Council had before it considered the preliminary plat for what we were calling the Lake at Cherry Lane Subdivisions No. 5 and 6. At that time the Council approved the preliminary plat for No. 5 and 6 and zoned portions of the property R-4, portions of the property R-8 and portions of the property R-15. Do you folks have a book something like this in front of you? I f you look behind tab four, a couple pages in, you will find a map that looks something like that. This was the entire 40 and we had an R-4 portion over on the westerly side an R-8 portion in the north central side and an R-15 in the eastern portion. When that preliminary plat and those rezones were approved the Council conditioned that on a separate application be made for the R- 15 portion of the property. That is you wanted to see a separate preliminary plat and a conditional use permit. The application that you have before you tonight is for the southeasterly ten acres approximately ten acres that was proposed and shown to you in a conceptual plan as the senior citizen complex. That, this lot was shown on the preliminary plat which was previously approved as Lot 10, block 11, so the action you would have before you at the preliminary plat stage would be to redivide lot 10 block 11 into 52 smaller individual building lots. I am going to go through the book in a little more detail as we go along. Now there was some confusion prior to the meeting with the Planning and Zoning Commission as to which one is the Lake at Cherry Lane No. 5 and which one is the Lake at Cherry Lane No. 6. So prior to meeting with the Planning and Zoning Commission Mr. Campbell and I met with City staff and decided that we needed to clear up that confusion and make it clear what the plan was. To make it clear to you folks in the event it is not the proposal is to develop the south half of the property first. I will look again at this map, the south half of the property would be developed first and that would the Lake at Cherry Lane No. 5 and the north half second will be the Lake at Cherry Lane No. 6. I think that is what we agreed to some time ago. Mr. Smith is nodding his head yes. Okay, for the booklet, behind tab one we have a narrative, it describes in summary form what it is the application is about and I am not going to go through that right now. I will let you look at that. Behind tab two you have the application materials that were • • Meridian City Council March 19, 1996 Page 28 submitted along with our written responses to staffs comments they fall behind. the application materials that were submitted just prior to the Planning and Zoning Commission meeting of a couple of months ago_ Behind tab three are the findings of fact and conclusions of law which were issued by the Planning and Zoning Commission recommending approval of the project that you have before you. Also is the minutes of their meeting where they did recommend that approval because there were some modifications that were made on the floor that night to the findings and conclusions so those are found in the minutes. Also behind tab three in case you needed some background reading which I suspect that you probably don't but it is there anyway are the findings of fact and conclusions of law that Council approved last October which got this process started. Behind tab four there is a blue puce of paper that says new revised plat we hoped that were going to be able to hand you a new revised plat and unfortunately the engineers were unable to get that completed in time so we don't have that to hand to you. We have shown Mr. Smith what we think that plat is going to took like and discussed it with him and of course you will have an~ opportunity to address any questions you may have with respect to how that affects his thinking a little bit later on. You also have the proposed plat, the next page would be the proposed plat which was presented at the Planning and Zoning Commission which is in essence the plat you have before you tonight but I will show you, talk to you about how it changes. The next page behind that you have the conceptual layout that was presented to you folks in October and you will that there are some differences between what you have before you tonight and I will talk to you a little bit about that to get you an idea of what the concept was. The next tab shows what this new concept looks like for the most part with some minor modifications to it and it also shows the different zoning designations and what they are, color coded. Behind tab five is a list of the amenities that are proposed to be included with the project, the senior citizens portion of the project was the one that you have tonight and I will go over that a little bit more. The site plan for the rec center that is proposed to be constructed on Lot 52 in the subdivision and a rendering of the building elevation for the rec center. That is behind tab five. Behind tab six are the floor plans and the elevation options that would be offered throughout the subdivision there are four different floor plans, two elevations each so a total of eight different models if you will. Each of the four floor plans is a different size and I will talk a little bit more about that too. Behind tab seven is what I am going to refer to as the new site plan, this is the one that we are asking approval for tonight, it is the first page behind tab seven. This is slightly mod~ed from what P & Z saw and the modifications are made as a result of the recommendationsthst the Planning and Zoning Commission has made to you folks. I will described those in just a little bit more detail as we go along as well. Also behind tab seven is a drawing where you see a yellow marker around the site plan that is the proposed sidewalk plan which was seen by and approved or recommended for approval by the Planning and Zoning Commission. And then you also have a third map which is a color coded map which showed the variance setbacks which were being proposed at the Planning and Zoning Commission. We included this in this booklet not Meridian City Council March 19, 1996 Page 29 because we are asking approval of these setback (End of Tape) in order to get away from the need to deal with all of these setback concerns that is what drove the need to make a few modifications to the plat that I will talk about. Behind tab eight are some proposed building materials which would be used in the project we are talking about stucco and brick and roofing materials. You have some literature that describes the type of building materials that are proposed to be used. That is just a quick overview. As I indicated a few moments ago this is a proposed senior citizen complex the theory is we will try to create a complex for persons 55 years of age or older as permitted under Federal law. The project consists of 52 lots and they are for single family detached dwellings. It is on approximately ten acres so that brings us to a density of about 5.2 units per acre. Now from what, the change from what you say in October as the concept plan is that is essentially there are no multi family or duplex or tri-plex buildings proposed at this point in time, they are all single family detached. The reason for the change was that since the last time we were here the applicant conducted a more thorough market research study and concluded that it is more likely to be able to market the single family detached than the duplex and triplex type units. The result of all of that is that you end up with a reduction in the number of units being proposed. The concept plan that you had before you in October had a total of 63 units proposed this one has a total of 52 so you have fewer units by 11. If you wanted to see a comparison between, I showed you before but between the old concept and the new concept just look behind tab four, you see the old and the new and you can see the density has been reduced. The lot sizes proposed here range from approximately 4400 square feet up to 8000 square feet. The 4400 square feet of course exceeds the minimum dimensional standards for an 15 zone which my recollection tells me is 2000 square feet. Of course the 8000 square foot lots are the ones that are bordering the southern portion of the property in the area the Council determined should be zoned R-4 so that would meet the R-4 requirements of the zone. As I indicated before there are four floor plans be proposed and in round numbers we are talking about a floor plan of about 1400 square feet, another one of about 1500 square feet, let me do it this way, 1400 square feet we are proposing 12 of those units. Another one of approximately 1500 square feet we are proposing 16 of those units, and the 1600 square foot size we are proposing 14 of those units and then the 1800 square foot size we are proposing 10 of those units. Now I wanted to point something out so that you don't get confused, let' see if I can find it without too much trouble. Behind tab eight you have a product mix chart, it is wrong, you should either just pull it out and throw it away and rely on the map that is behind tab seven or just change the numbers so that under number of units it says for 1440 it says 15 that should be 12, for 1541 it says 13 that should be 16, for 1620 that should be 14, and for 1827 it says 9 that should be 10. So that the difference is we have increased the larger units, the number of larger units in the project. I told you about the elevations behind tab six, if you want to get an idea of where they are located in the project, I am all turned around here. If you look behind tab seven and look at the layout plan the number, the square footage numbers are included in the building inside the • • Meridian City Council March 19, 1996 Page 30 building depiction so you have an idea of where each of the various sized units are. They are pretty well spread out through the project. All of the units would be single story, all of the units would have a two car garage except for some of the units along the southerly boundary here in the R-4 zone and then there would be an option for a third stall down here. I indicated that behind tab eight you can see the building materials and some of the choices, the idea is to have stucco or siding as a choice to include brick as an accent on some of the buildings and then there will be a color choice and a roofing choice and things like that. Other features, you may recall having seen this drawing before this is still the plan, this is the entry off of Ten Mile Road that will come into the project and then the senior citizens project is beyond so this would be the main entry to the project site. All that we talked about when we were here last year with respect to the landscaping and all of the exterior amenities remain the same, we are not proposing any changes to that. We still have the perimeter wall that goes around the project, we still have the 20 foot landscape strip on Ten Mile Road. There is still the golf cart access point and this one is going to come across lot 14 in this vicinity here. The applicant still intends to donate to the City the fire station site which is shown down here in the southeast corner of the project, there is one thing you should note one change as originally proposed the dimensions of that site were 160 feet by 160 feet, that has not been the proposal has changed to 148 feet in width and 170 feet in depth well I guess it depends on how you look at it, 148 feet this way and 170 feet north to south. The reason for that dimensional change was in order to meet the R-4 dimensional requirement that the Council imposed on the southerly lots just shorten down that fire station site. Conversations with the fire Chief have indicated that dimension is acceptable to the fire department. There is the rec center that was proposed it was at one time the concept was to have it centrally located it is still centrally located but off set instead of the circular pattern you are seeing. The proposal is as depicted behind tab five with that sort of a site plan. That is found on Lot #52, swimming pool, parking spaces, club house, kitchen facilities, storage spaces, essentially, hopefully a space that can be used by the residents that will be living there. As you know under the planned development provisions the applicant is entitled to seek. exceptions from the standard district regulations. And this application comes to you with some request for exceptions. One of those is that the applicant be permitted to construct private streets as opposed to public streets. The proposal is for the private streets to have 40 feet of right of way and a five foot sidewalk on one side as shown on the map that I showed you a little while ago. There would be a private security gate installed at the entrance to this portion of the project in order to provide a little extra measure of security for the people that are living there. There had been some concern expressed about parking on these private streets and whether or not that would create interference with the emergency vehicles. Our discussions with the fire chief I think you may have a letter in your materials and if you don't we can certainly get one for you. The fire chief has apparently indicated that he feels it is perfectly adequate as long as there is parking restricted to one side only, that is no parking on one side of the street and of course the applicant is willing to comply with that requirement and Meridian City Council March 19, 1996 Page 31 that restriction. We will place whatever signs the fire chief desires and we will set up a mechanism to enforce the no parking requirements through the restrictive covenants in the homeowners association. The Planning and Zoning Commission passed a favorable recommendation onto you to approve the private streets for this project. That was one of the things that I was telling you was not in their findings but was a change they made during the meeting whey they approved the findings. If you need to find where they said that, look in the minutes of their meeting. Another exception that we are asking in order to make this project work for us this picture is a little bit tough to see from the distance, if you look behind tab four and find the plat, the standard frontage, lot frontage in an R-15 zones requires I believe 40 feet of frontage. We have some problems in some of the comers making the 40 feet. So we are asking for a reduction as dimensioned on the plat. It is really easy to find them they are right here in these corners like this. The reduction down to approximately 25 feet in order to make those lots fit. That too the Planning and Zoning Commission is passing on a favorable recommendation to you. For the rec center, there is your ordinance requires a four foot separation between a street which would be here and a parking area. In order to get these parking spaces in we needed to ask for an exception from that four foot separation that is that the parking spaces be permitted to be located immediately adjacent to street. Our argument to the Planning and Zoning Commission was that since these are private streets and we are not expecting them to bare a great deal of traffic we shouldn't have too much of a conflict between the parking spaces and the street. Once again the Planning and Zoning Commission has passed on a favorable recommendation to allow that exception as well. Now the other issue is setbacks, the reductions in setbacks. We propose a number of setback reductions to the Planning and Zoning Commission front yard, back yard ar`d side yard. The Planning and Zoning Commission and that was this color coded map that I showed you a little while ago, lined out. It showed some of those changes. 1 guess that is behind tab seven. The Planning and Zoning Commission agreed that they could recommend a, to reduce the front yard set back from the required 20 feet to 15 feet. But all other setbacks would remain the same. It was this issue with the setbacks that caused the applicant to have to go back and do a little redesign work and to try and find a way to get those setbacks taken care of. We have done a redesign in an effort to meet those requirements and it has resulted in a couple of changes. Let me see what the best way to show these to you are. If you look at the plat behind tab four you will see that there are some little landscape islands in these corners here, here and here, those we had to eliminate in order to make some room. In addition the westerly boundary you might notice is not straight so the proposal is to make that westerly boundary straight. What it does, the result of straightening that line is that it adds a little bit. more area to this lot, to this portion of the project. Let me put it this way to this R-15 portion of the project. By eliminating those landscaped areas and straightening that line and adding a little bit of distance we are able to deal with most of but not all of the set back problems. What we would like to propose and have the Council consider is agreeing to permit an exception for the front set back to 15 feet as opposed to the Meridian City Council March 19, 1996 Page 32 ordinances that require 20 feet that is what the Planning and Zoning Commission recommended for approval. We will have 15 feet rear yard set backs and that is in accordance with the ordinance. We would have five feet side yard setbacks which is also in accordance with the ordinance except for street side set backs which are required under the ordinance to be 20 and our proposal is that those be changed be reduced to 15 feet. So what we are talking about are these corner lots here and here and here. We are asking that there be 15 feet on the side yard.set backs on those corners and that way we can get everything to fit in except again one more exception. These two lots at the entry were proposed at the Planning and Zoning Commission to have five foot side yard set backs and the reason for that, what seems like maybe it not very much room there is because we are building a really fairly large entry road here. It is 80 feet of right of way, the reason for that big entry road is to make sure there is plenty of room for people to maneuver since there is going to be that private security gate. The Planning and Zoning Commission suggested that 80 foot right of way be reduced down to 70 feet so that we could get at least 10 feet in the side yards on those Pots. We were able to get the ten feet through the other redesign that we did without reducing that right of way down. Our proposal would be to permit us to retain the 80 foot right of way there and allow ten foot sideyard setbacks, street side yard set backs on these two lots on the entry way here and here. We have met with staff a number of times, we are certainly willing to comply with all of the staffs recommendations and their comments. You have in your packages our written which were previously submitted. We think that for the most part all of those issues are worked out and there may be a couple of the details that we will need to get into staff and we are certainly willing to do that as maybe necessary. If you are inclined to approve this project as proposed you need to do so by and imposing a number of conditions and I will try to go through them quickly. First that the eastern boundary of the property be straightened and we, which would result in an expansion of the R-15 area and we will submit a legal description showing the precise dimensions of that expansion. And a new drawing showing exactly where that goes. That will require that the City adopt an amendment to the previously adopted ordinance setting out the zones in this area. Of course we will provide you with the necessary information in order to accomplish that. That is to realign the boundary between what was approved for R-4 and what was approved for R-15, that will have to be amended. A second condition to be imposed would be the set back proposals that I have made tonight. That is 15 foot front, 15 foot rear, five foot side and then a 15 foot street side except these entry lots and in that case they would be 10 feet. The third condition that you should consider is permitting the elimination of these landscaped islands, these four landscaped islands in the corners that was shown on the preliminary plat and unfortunately the need to redesign. We are asking that we are permitted to eliminate those. The fourth condition that you should, you need to consider is whether you would permit private streets as the Planning and Zoning Commission has that would be 40 foot right of way sidewalks one side in accordance with the drawing that is in your materials and no parking restrictions as required by the fire chief. The fifth • Meridian City Council March 19, 1996 Page 33 • condition would be permit reduced frontages as shown on the drawing from the required 40 feet down to I think the smallest is 25 but we will have to get a more precise measurement for you. The sixth exception for condition would be with respect to the parking areas and the rec center allowing that exception from the requirement that it be 4 feet separation from the roadway. And then finally the seventh condition would be with respect to the fire station our proposal would be to provide the City with a deed to the fire station at the time that the final plat is submitted for approval. That is all that I have to present to you at this point. I am pleased to respond to any questions that you may have. Morrow: Mr. Mayor, I have a question with respect to the, you talked about the lot size and the fire station site. Obviously that deed or title to that ground is not in the hands of the City of Meridian. You are proposing to deed that at the point in time that the final plat is approved? Bradbury: AT the time, our proposal and obviously we will work with you if that is uncomfortable for you for one reason or another. The proposal is when we present the final plat we will have a deed in our hand ready to hand it to you. Morrow: Approximately when would that be? Bradbury: Boy I am not sure I can tell you, do you have an idea Doug? (Inaudible) Bradbury: Mr. Campbell indicates that he thinks we could have a final plat to you within 60 to 90 days. Rountree: What would be the timing sequence for the club house? Bradbury: That project or that structure would be built immediately, that is up front with the subdivision improvements. In other words we are not going to build the project, sell the lots and then build the rec center. The rec center would be built up front. Rountree: (Inaudible) Bradbury: Yes absolutely, all of the improvements would be constructed up front. Rountree: One thing that you point out in here is (inaudible) Bradbury: What we have is there would be a pathway connected here into the adjacent subdivision which would be, it is not shown on here .. ~ ~ • • Meridian City Council March 19, 1996 Page 34 Crookston: Cherry Lane No. 5 Bradbury: Right, the proposal is to connect to a previously proposed and approved golf cart path so that there is a direct access. I can't say that path goes all the way to the golf course, I think that there are portions of it where they are required to go onto public streets. At least we keep them off the main thoroughfare there and that is the idea. Rountree: You have indicated there would be 40 foot of right of way, what is the roadway typical section? Bradbury: I don't know the answer to that, Mr. Campbell tells me 50 feet, it is 40 feet of right of way, it has to be less. (Inaudible) Bradbury: You are asking what the proposed improved section would be (Inaudible) Bradbury: 28 feet of pavement Rountree: Curb and gutter on both sides? Bradbury: Maybe Doug you can come. up and put it on tape. Doug Campbell, 19 East Fairview, was sworn by the City Attorney. Campbell: The street section should be 38 feet of pavement, 2 feet of gutter on each side and five foot sidewalk on the one side. Rountree: What is going to be done with the drainage? Campbell: It would be all underground retention. Rountree: And that would have a provision in the CC&R's for the homeowners to maintain? Corrie: Any further questions for Steve or Doug? Thank you, is there anyone from the public that would like to enter testimony on this? Council, any further discussion, Staff? Rountree: I have a question for staff? Gary, it is my understanding from what has been presented tonight that we have not been presented with a preliminary plat. ' , r ~ • Meridian City Council March 19, 1996 Page 35 Smith: We have not seen a preliminary plat yet that shows the changes that Mr. Bradbury has got, they have been in my office and met with me concerning the changes that they were proposing. (Inaudible) Corrie: Those would work together Tolsma: (Inaudible) 28 feet of pavement and 2 foot of gutter on both sides of street and five foot sidewalk on one side is that right? That is only 37 feet. Campbell: We have sidewalks on one side of the street and there are some areas where it is double, two sides. If you look at, I am not sure what section it is in the book where the rec center is. Right off hand I am almost positive it is 28, 2, 2 and five and then where there is sidewalk on the other side of the street is another five feet. Tolsma: Well we are three feet short on part of the street, on the (inaudible) Campbell: I don't have a street section but I am close, I am pretty close it is right there. I am not looking at a street section so I am shooting off the top of my head. Rountree: In the situation of private streets I don't think the right of way is an issue it is how much street structure is there. Campbell: Like I say you have 28 feet of pavement for emergency vehicles. I think on a typical 50 foot private streets you have 32 feet of pavement right off the top of my head: Tolsma: (Inaudible) Campbell: That is a mechanism that we are going to develop and hopefully we can enforce. I don't see a problem, we are providing two car garages, we are providing they can park 2 cars on their driveway so there shouldn't be too much off street parking. There are eight stall in the rec center that they can park in. Tolsma: (Inaudible) Campbell: Well I guess that is something if they are going to have a party or something they will have to go and arrange a with the whoever handles the homeowners association and tell them what they are doing and make sure it is enforced that night. Tolsma: (Inaudible) • Meridian City Council March 19, 1996 Page 36 Campbell: Which this isn't, this is nothing new it happens in other cities. I know where- you are coming from and I think it has to be a function or mechanism that the homeowners association has to handle and if there is a big function then they are going to have to handle it the best way they can. Even if they did double park the ideal situation, like I said we have the ideal situation with the one street parking even if someone did park on the other side there is still enough room for a fire truck to get through. It is just, the fire chief felt more comfortable going with the parking on one side and posting on the other side. We have agreed to that. Corrie: Any further questions for Doug or Steve? If there is no more public testimony I will close the public hearing, Council? Morrow: Mr. Mayor, I think from my perspective in terms of the findings of fact and conclusions of law that we have before us that were approved by P & Z there have been substantial changes or alterations to those findings of fact as proposed before us tonight and apparently some of which were discussed with P & Z by virtue of the minutes but are not part of the findings of fact. I would move then that we instruct the City Attorney to prepare new findings of fact and conclusions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the City Attorney do findings of fact and conclusions of law, any further discussion? All those approved say aye? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER DEVELOPMENT: Corrie: I will open the public hearing. Steve do you have anything else you want to cover on that one? Bradbury: Mr. Mayor I would simply ask that my testimony from the previous item be incorporated into the record for this item. 1 would be pleased to respond to any additional questions you may have. Perhaps one item and it may be just thinking that there might be concern in your minds with respect to do you have a preliminary plat before you or don't you. You do have a .preliminary plat before that we are asking you to approve but with some changes as we have discussed them. Granted you do not have a drawing of those proposed changes that is tnae. The changes as we have discussed I think you could if you were inclined could approve the preliminary plat which is before you subject to those MERIDIAN CITY COUNCIL MEETING: MARCH 19 1996 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 12 REQUEST; PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 5 AGENCY COMMENTS CITY CLERK: P S: Z MINUTES FROM 1-9-96 CITY ENGINEER: SEE ATTACHED COMMENTS ~ CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS ~ CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ J CITY POLICE DEPT: - "REVIEWED" OMMENTS E ~ ~ ~ L CITY FIRE DEPT: D C SEE ATTACH CITY BUILDING DEPT: '~~ ~ ~~ MERIDIAN SCHOOL DISTRICT: ~ ~` ~ / J 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ,~~"'u`~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission January 9, 1996 . Page 15 ANNEXATION AND ZONING OF •48 #g: pUBLIC HEARING: RVELOPMENTR ITEM ~ BY STEINER DE ACRES TOR eating and invite the representative for the At this time I will open the public h Johnson: applicant to address the Commission. orn by the City Attorney. ve Bradbury, 300 N. 6th Street, Boise, was ~`^~ It is simply an Ste ublic hearing. w I reiterate what I ~ in the 1as p ould situp Y verfiently left out of a previous annexation. Bradbury: I ro erty which was i infill, small parcel of P pond to questions ~ you have any. leased to resp an one from the public I would be p ~ .~ is a public hearing, Y on this application? Seeing no one I will close Johnson: Any questions ~~ Commbss on that would like to ada this time. s of fact on this the public hearing re are finding airman, I move we have the City Attorney p P Hepper: Mr. Ch application. Shearer: Second ~ Second by Commissioner' ehma~ra pubs c Johnson: Moved by Commissioner Hepper are findings of fact artd concnesipevelopment, all those in favor? the City Attorney prep of .48 acres by Ste hearing for annexation and zoning Opposed? MOTION CARRIED: All Yea T. CONDITIONAL USE PERMENFOR TH #10: PUBLIC HEARING: REUgp VlS ON BY STEINER DEVELOPM ITEM NE NO.6 S LAKE AT CHERRY L-P- ~ invite the applicant or his representative Johnson: I will now open this public hearing to come forward. the City Attorney. u , 300 N. 6th Street, Boise, was sworn by d to introduce this Steve Bradb ry ment. The embers of the Cormnission I h alf of Steiner Develop ere Bradbury: Mr. Chairman, m ro act to you on bah bell he is hiding somewh erhaps reintroduce the p 1 Doug Camp lications, this project or p resentative is also here, ou tonight are two aPP Tanned applicant or Steiner's rep at ou have before y back of the room I think. ~ Ya ends which are a conditional use fora p in the one on the 9 one and the following • • Meridian Planning & Zoning Commission January 9, 1996 Page 16 development and a preliminary plat going along with that planned development. By way of background to put it into context the City Council a month or so ago approved the preliminary plat for the Lake at Cherry Lane Subdivision No. 5 and 6. In approving those applications a portion of the 40 acre parcel which was under consideration was zoned R-4, a portion of the property was zoned R-8 and a portion was zoned R-15 for a little higher density. That approval, you will probably recall of those of you that were on the Commission at the time was conditioned on the applicant coming back and applying for a conditional use permit and filing a new preliminary plat for those portions of the property which were approved to be zoned R-15. There were two portions, a portion was in the northeast corner and a portion in the southeast corner. All of you should have a booklet like this and I will kind of go through and show you what is in here for you. but if you want to get a feel of what I am talking about go .behind tab four and you will see the conceptual layout which was approved by the City Council here a couple of months ago. The application you have before you refers to this most southeasterly portion of the property which consists of approximately 10 acres which was zoned R-15. That was shown on the preliminary plat which was approved by City Council as Lot 10, Block 11. What we are doing essentially now is we are attempting to re-subdivide or re-divide that Lot 10, Block 11. There has been a little bit of confusion with staff and perhaps with your folks I don't know with respect to the numbering and the phasing of this project. We met with staff yesterday that is Doug Campbell and I met with the staff yesterday and tried to straighten this out a little bit to the extend that we could, hopefully we didn't make it any harder. (Inaudible) a map that looks like this. Originally as proposed, the applicant proposed a preliminary plat for Lakes at Cherry Lane No. 5 and 6. Essentially two phases of an ongoing project. The original phasing plan as shown on the plat divided the plat east and west. For some reason that didn't get taken off of the preliminary plat even though the plans changed to phase it not east and west halves but instead north and south halves. So what I am trying to depict on this drawing that I have given you like this is to show you what the applicant is intending to do, to develop the south half of the property first as the Lake at Cherry Lane No. 5 and the north half of the property second as Lake at Cherry Lane No. 6. I think we have that numbering system worked out with staff, Gary is nodding his head yes but he is hesitant and i don't blame him. It took a little while to figure it out but we are on track. So what I am talking about now is Lake at Chevy Lane No. 5 and we are talking about Lot 10, Block 11 included in the Lake at Cherry Lane No. 5 which would be further divided by this application. The booklet that I have got here that we have submitted to you behind tab 1 just contains some background information and just gets you up to speed about where we are and why we are here. Behind tab #2 are the application materials which were filed in case you need to refer to those. Behind tab #3 is the findings of fact and conclusions of law adopted by the City Council. Behind tab #4 are a series of drawings and maps. The first one shows the concept plan as approved by the City Council. The second one shows the concept plan as is being presented tonight and there is a difference and I will talk to you about that. The third one is a drawing a reduced one of the ~ i Meridian Planning & Zoning Commission January 9, 1996 Page 17 preliminary plat which is before you tonight. The fourth one is for purposes of making sure you all understand what is what, is just a color coded rendering of various zone designations which are included over the entire 40 acre parcel. Behind tab #5 is a list of the basic amenities being provided in this project and a rendering of the recreational, the rec center and clubhouse which is being. proposed. Behind tab #6 are a series of floor plans which are proposed for the project and elevations, two elevations for each of the four different floor plans. Behind tab #7 is a drawing showing the proposed setbacks for the various structures to be constructed in the faci!""ity. And then a list showing what all the set backs are in front, rear and side, what the proposed setbacks are. Then behind tab 8 there are some materials showing the colors and the building materials which are proposed for the structure to be constructed. I will talk a little bit about each one of these things. I will try not to get into too great of detail because 1 know you have a long night ahead of you. The project is contemplated a senior citizens housing for older persons as it is defined under federal law. It is a senior citizens complex, that is consistent with what was presented to this Commission some months aga. This particular project contemplates this portion of the project contemplates 52 lots for si~rgle family detached dwellings. Now it is over approximately 10 acres so we are talking about 5.2 units per acre. The change from this, from what was presented earlier and approved by the City Council to what we are proposing now is that we have taken out all of the two and three family dwellings and substituted instead only single family dwellings. Originally as approved there were 63 units now we are reduced down to 52, so we have a net reduction in density from 6.3 to 5.2. The reason for that change to the extent that you are interested, I guess there are two reasons. One based upon the recommendation of this Commission and adoption by the City Council, the southerly portion of the property was zoned R-4 rather than R-15 meaning that it had to be larger lots and had to meet the dimensional requirements of the zone. As a result that required the roadways to be adjusted and moved up so that we could accommodate those larger lots. The second reason for the change was that since the applicant was here before they have undertaken some additional market research and concluded that a project is more likely to be successful if it was an entirely single family detached project as opposed to a mixed single family detached and single family attached unit dwelling. So it is simply a reaction to what. the market research seems to indicate. I just want to reiterate as a result of this change you are actually seeing a reduction of density as opposed to an increase in density. The lot sizes vary from 4640 square feet to 8000 square feet meets the requirement. The 4640 I think that is somewhere around twice the minimum lot size. The applicant proposes to offer 4 different floor plans, they range in size from 1440 square feet up to 1872 square feet with 2 in between. They are fairly well distributed, there are 15 of the smaller ones, 13 of the 1500 square feet, 15 of the 1600 square feet and 9 of the 1800 square feet. If you are interested in seeing the floor plans and elevations of each of those they are behind tab 6 you can look through each of those. If you are interested in seeing where each of those various sizes are proposed to be included in the subdivision they are behind tab 7. For the moment ignore the colors i • Meridian Planning & Zoning Commission January 9, 1996 Page 18 because those colors will confuse you, they don't reflect the size of the building, those reflect setbacks. Inside each one of the foot prints is a number, that number designates the square feet which are proposed for the dwellings on those lots. It appears to me there is a pretty good mix of the various sizes. All the dwellings will be single story, all of them will include 2 car garages. There is an option for a third three car garage on the units in the R-4 zone designation on the larger lots to the south. As 1 said ail of the color and material choices are shown to you that would be offered to be shown to you behind tab 8, there will be a combination of stucco and siding and some -brick and if you are interested in that you can look at those things. Other features of the project, the developer intends to do a great deal of landscaping, we talked about this before when we were here. We have this rendering to my right, it is to your left which was presented to this body and to the City Council the first time through. That is a fair representation of the entrance off of the proposed entrance off Ten Mite Road and then the entrance into the Complex which is proposed before you tonight. The top drawing is the entrance into this portion of the project, the lower drawing is the entrance off of Ten Mile Road into the entirety of the project and the entrance into the 40 acre parcel. Briefly there is a perimeter wall proposed around the entire project. Landscaping, a 20 foot landscaping strip on Ten Mile Road. One of the things you will see if you look at the plat is that there is a proposed golf cart pathway that goes across the lot which is designated at number 14 so that people who live in the subdivision will have easy access or easier access to the golf course from the project. The applicant still as before intends to donate to the City a fire station site that is designated on the plat as lot #26. One thing you need to know is that the dimensions of that fire station site have changed from what was previously proposed as a result of the re-design. Previously it was 160 by 160 square, the applicant is proposing now 148 by 170 feet. The preliminary discussions with the Fire Chief indicate that is acceptable to him, I don't know if he is here tonight and might say something. We can sure work out any details if you have any concerns about that. There is a recreation center and club house proposed, that would be built on Lot 52 in the Subdivision, that would include kitchen facilities, a pool and 11 parking spaces proposed for that facility and that exceeds the minimum requirements of the off street parking provisions of the ordinance. If you wanted to see the layout site plan that is behind tab 5 in that booklet. This is a planned development, we are proposing that it be developed as a conditional use, pursuant to the planned development procedures. As a result of course the planned development statutes or ordinances permit some exceptions from the standard district regulations. In this case we are seeking some exceptions. One is the provision for private streets on the interior of this portion of the subdivision. The main entrance road which is called Teter Boulevard I think on the plat would be a public road, but the entrance into this portion of the project is ten acres the interior roads would be private roads and there would be a private security gate installed at that location. The right of way widths which are proposed are 40 feet, they would include a 5 foot sidewalk on one side of each of the streets in the subdivision. Staff asked us if we wouldn't provide a drawing of where the sidewalks would go, so I have not • Meridian Planning & Zoning Commission January 9, 1996 Page 19 the best presentation in the world but it will hopefully suffice to get the point across. Behind, the second page to this document I handed to you, a plat with yellow marks on it. Those yellow marks are intended to indicate where it would propose to construct the five foot sidewalks. So in each street within the project will have sidewalk on at least one side, some places there are sidewalks on both sides. There had been some discussion about whether parking should be permitted on these private streets, it would be 40 foot right of way streets. Preliminary discussions with the fire chief indicate that he wasn't too terribly concerned about it. I am not sure that will hold. Let me put it to you this way, the applicant is willing to handle parking or no parking as the fire chief and the City sees fit. And for safety concerns there should be no parking and the applicant will certainly abide by that and will install no parking signs and will include in the restrictive covenants prohibitions against parking and require the homeowners association to enforce the no parking requirements. Another item that we are seeking some relief from is the minimum street frontage requirements on a few lots. The general requirement is 40 feet of street frontage, we would like to have a few lots reduced~down to 25 feet frontage, these are primarily the lots that are found on the four corners, the outside corner of the subdivision where the roads turn and necessarily to fill the corners the lots tend to be a little narrowed on the street frontage. Those are obvious, they are shown on the plat, the numbers are there, I think it shows the ones that are 25 as opposed to the required 40. A third item that we are seeking an exception to is the requirement that the parking spaces that would be provided for the rec center be separafied from the road right of ways by four feet, that is what the ordinance requires. The parking spaces that we are proposing are immediately adjacent to the road right of way. Our thinking is that since the road is a private road and it will not likely be a too heavily travelled road there shouldn't be any conflicts there. In addition we are providing considerably more parking spaces than are minimally required by the ordinance. Finally we are requesting that there be some consideration given to reducing the minimum setbacks. on some of the lots, not all of them. Actually there are a fair number of them that we are however. That is where this chart will help you to see what we are talking about. This is a color coordinated chart that shows the proposed front yard setbacks for each of the different lots, each of the different structures in the proposed subdivision. The smallest front yard setback that is being proposed is 12 feet, by the way the standard is 20. The smallest is twelve and then we have a few that are 14, a few that are 15, a number that are 15 and then one that would be a 16 foot front yard setback. On the following page it shows in list form what the setback, proposed set backs for all of the lots in the subdivision and the colors correspond with what was shown on the previous page to get an idea of what we are talking about. There are a few rear yard setbacks that we are seeking some relief from. The standard 15 we need to go down to, well there are a couple of 13's, a 14, a 12, a 10 and an 8. The request to reduce these setbacks is driven largely by the redesign and we are simply asking that the Commission recognize that although there is a need to deal with some setbacks we do have an overall reduction in density so we are not cramming more in than were previously approved we are reducing s ~- Meridian Planning & Zoning Commission January 9, 1996 Page 20 . the numbers but we still have some of these setback problems. Yesterday, Mr. Campbell and I met with Gary and Bruce Freckleton and Shari and went over some of their comments. I have provided to them today written responses to their comments. I think that we are all on track with these folks, if not I know they are not shy about standing up and saying so. With respect to Mr. Freckleton's comments, I might say this, we will supply all the information that he has requested and hasn't already been provided. We will comply with all of the requirements that are set out in his comments. He did ask about pressurized irrigation, I can tell you very quickly we intend to provide pressurized irrigation it would be from the same source as it proposed for the Lake at Cherry Lane Subdivisions No. 3 and 4. I have been working with Nampa Meridian Irrigation District to secure contract from them in order to provide the system. The developer will build it and then turn it over to Nampa Meridian Irrigation District for its ownership, it will take title to it and maintain it in the future. With respect to Shari's comments, she has correctly identified I think the areas where we are seeking exceptions from the standard district regulations of the planed development provisions. I have already discussed most of those. The one exception to that is with respect to her comment about minimum lot sizes. 1 spoke to her this afternoon and she and I agreed I think at feast as of this afternoon that we meet the minimum lot size requirements so that would not bean issue. I think that the designation that number and name designation has been worked out to staff satisfaction. We have also seen a draft report from the Ada County Highway District a staff report. It is to be acted on tomorrow night I believe. We have reviewed that and the applicant is satisfied with that report and we will comply with it in all respects. I would pleased to answer any questions if you have any at this time. I hope that you will be able to pass this thing on with a favorable recommendation to the City Counal. Of course the applicant and I are willing to work any additional details out with your staff in the mean time. Johnson: Thank you Mr. Bradbury, any questions from the Commission to Mr. Bradbury? MacCoy: On the deal with the setbacks, I am a little concerned 12 feet is really pretty small. I am interested to know by giving up the front distances are you trying to get more space in the rear for their backyards is that the whole point? Bradbury: The whole point was, Mr. Commissioner, the point was we were attempting to preserve the rear yards for these people given the tight spacing, a couple of things. We wanted to keep the road right of ways reasonably wide and second we wanted to preserve some backyards for these folks. That is why there are only just a few setbacks that we are asking for acceptance for backyards and a large number of them for front yards. In order to preserve those backyards. MacCoy: I am a little curious, the ones like 12 feet setback approximately what is your backyard distance, what are you giving them in other words? • Meridian Planning & Zoning Commission January 9, 1996 Page 21 Bradbury: 1 guess I would have to look at the list to tell you exactly, they vary. Some of them are larger and some of them are smaller, but the range is in the 15 to 20 foot backyards. MacCoy: The deal with the fire station, you have changed that from one dimension to another based on the fire chief approval you said is that right? Bradbury: Well yes, in a sense, the dimensional change was brought about by the need to provide 80 foot frontages for the R-4 lots along the south boundary. So we squeezed that dimension down a little bit to get those lots in there. So instead we added some, an extra 10 feet in the opposite dimension to try and catch it up. Now the fire chief, of course he didn't ask for it but Mr. Campbell spoke with him about it and asked him if it would be acceptable to him and he indicated he thought it would at least preliminarily. MacCoy: Okay I will take thatfor myself. 'On your landscaping view point here, (inaudible) you said that is a pretty good realistic view point of what it looks like. Bradbury: Well not right now but someday. MacCoy: I think that, we look at this and us and the public and we see (inaudible) and we end up with trees that are 4 foot high and we will see this picture here in 25 to 30 years is a long time away of getting a decent tree. Are you planning on putting in some big trees or are you going to put in these small trees? Bradbury: Mr. Commissioner, that is a fair question and I know when we present these drawings we always want to put the best foot forward and show you something that we think is really going to wow you and sell you on the project. I will come right out and say sure that is what we do. But let me tell you this and I recognize that you were not on the Commission when we presented this project initially. As a part of the presentation which was made many months ago and as back up to the drawing we were showing you we presented to the Commission a proposed budget for landscaping. I have to tell you that I can't remember the dollar amounts now. (Inaudible) I was going to say between $100,000 and $200,000 was the number, $180,000 was anticipated to be budgeted for landscaping. The idea was that we were in fact going to put in, the applicant and developer intends to put in not little sticks and twigs but put in substantial trees and shrubs and grass and walls so that it would look nice immediately. I don't want to over state, I am not going to tell you that we are going to have 40 foot trees drug in there and plopped in the ground. But as it has been explained to me and the intentions of the applicant are to do a first class top notch landscaping treatment. I can perhaps take it a step further and say we are more than willing to work with staff on the details of the landscaping plan and in fact we will want to work with staff on the details of the landscaping plan so that the staff • • Meridian Planning & Zoning Commission January 9, 1996 Page 22 is satisfied that we are providing the types of plant material and the sizes of plant material which would make the City happy. Johnson: Anyone else? Shearer: On your setback (inaudible) that has the setbacks, that front garage is that a setback that you are listing under that? Bradbury: The reason that is on there is that is the front of the garage to the road right of way. The reason we wanted to show that is to let you know that even though we have front setbacks that are smaller the garages are recessed back and so there is plenty of room for a driveway. Oslund: That is the concern I had, looking at the plans and Mr_ Campbell was kind enough to give me a sneak preview yesterday, looking at the plans that I got and one of them is the preliminary plat and the other one is unlabeled but it is the same base map as the preliminary plat in addition it shows the building foot prints (inaudible). What I can't, there seems to be a difference in the drawings, but this plan that I see shows on that row of houses that you are talking about a 12 foot setback it is at, it scales and there is a line drawn on there that is about 15 feet back. I took a look at it and it seems like there is room on the other side to move the street over just a little bit to squeeze out a little extra front yard for these homes. I guess getting back to this point of the front garage. Bradbury: Excuse me you are talking about this row of houses here? Oslund: Yes, it looks like there is extra room on the other side. When you look at this table in the tab here, tab 7, you have got a front garage dimension and I am assuming this front garage is measured from the garage door to the setback line or to the back of lot? Bradbury: This would be to the, as the I understand it to the property line. Oslund: Because this doesn't really seem to, when I look at the building foot prints you have provided this would indicate that those garages would be setback 6 feet ftom the face of the house and it doesn't seem to, they looked much smaller like in the 2 foot range, 3 foot range. I guess what I am getting down to bottom line is I don't believe that you can have a distance from the garage to the back of walk less than absolute minimum is 18 feet. Bradbury: You are right and I think that we tend to agree with that thinking. As proposed the smallest distance from !hP garage to the lot line on this list is 18 feet and there are only 8 of those out of 52. We are certainty willing to comply with the condition of approval that would make that requirement. That is certainty something that we will work with. And if • • Meridian Planning & Zoning Commission • January 9, 1996 Page 23 there are some scaling problems on the drawings we will sure fix those too. Oslund: I understand that, it is a lot of conceptual sketches and that is exactly what I was going to propose is 18 feet for the dimension from the garage door to the back of the walk be 18 feet at a minimum. Bradbury: Sure, we don't have a problem with that. Oslund: Other than that it looked pretty good. I had one other question, there is an area, there is that center island where there is a recreation building and four homes on that particular block. two of those homes have a street both on their back and front, and when I look at those two homes I am a little concerned about, obviously the front is going to look no different than any other home. But it seems like we have a little bit of an issue and I think there needs to be some kind of special treatment in that area at their back yard because what we are going to see there if nothing else is done about it other than what we normally would do is just a long fence. Bradbury: I see the problem that you have got there and I have to tell you that I haven't discussed that with Mr. Campbell specifically but maybe I can help you a little bit with your concerns by telling you this. Part of the, the applicant intends to construct all of the dwellings in the project. Along with the construction of the dwellings in the project would be provision of landscaping for each and every lot. I think we might be able to address some of those concerns with landscaping treatment and perhaps that might be something that you might want to consider conditioning approval of the project if that is the direction that you are headed is that we work out to the city's satisfaction landscaping treatment for those lots that you are concerned about. It seems to me that the backs of some of those maybe we don't include any fences, as 1 picture it in my mind based on my discussions I don't envision fences there. Oslund: Well, the idea I had was possibly one idea is in this area right in here is extend this common parcel over and get their fence back and put this and landscaping in here. It is kind of an odd thing, it doesn't happen very often. Bradbury: I see what you are saying and maybe we can work out some berming and trees and shrubs along in those areas. We will certainly work with staff to untangle those problems. Oslund: I noticed a couple of notes and pardon me if they take some more time here. A couple of areas that seem to kind of jump out at me and I don't have a lot number here. these two lots in here are two of the lots that you are requesting a 12 foot minimum set back on. I am looking at these and they are even down to at least the way this is drawn • • Meridian Planning & Zoning Commission January 9, 1996 Page 24 they are down to less than 10 feet on the corners anyway, (inaudible). Bradbury: I don't, I guess I am going to have to suggest that you not take that particular drawing too much to heart. I think that maybe this one that you have got in your booklet might be better scaled. I am only going to suggest that and not promise it. Oslund: That is the same one as this it is just reduced in color. Bradbury: I guess what I would like to suggest is that the proposed, the distances that we're proposing I think are going to be accurate once we get on the ground. If you are concerned about the translation between the proposed distances and numbers and the way it appears on the plat let's go with the numbers as opposed to the drawing itself. Oslund: A couple other little things and I promise I will stop. It seems like and I talked about it a little bit, it seems like there are little adjustments that could be done to get some of these front yards a little closer. My personal feeling is that 12 feet is awfully small and I think we as a commission have to decide on a number that is going to be the minimum for this PUD. Right now your proposal is proposing that 30°!0 or so meet the standard 20 foot and then all the rest would be lower as low as 12 feet. Me personally I don't know that I would like to see anything less than say 14 or 15 feet, 12 feet seems awfully, like I said if there are some minor adjustment in that street location all 6 of those 12 foot setbacks could be eliminated and uped. so that is something I think needs to be looked at. Bradbury: I understand and I haven't attempted to scale the sideyards on those. The ordinance requires a 20 foot sideyard when it is adjacent to the street and that is one of the things we are trying to maintain there. If there is additional room we can see if we can'f (inaudible). Oslund: Well I didn't (inaudible) if you look at that, what I sketched doesn't meet 20 feet here but you are meeting 20 feet here and (inaudible). Bradbury: What you are suggesting is perhaps we go down to maybe 15 on those side streets and perhaps pick up some more feet for the other lots. Oslund: Something else, the concern I am having where with these 6 homes they are going to align right up on a, you can draw a thumb line in there and it is going to be right on. If there was a way to mix things up a little so that the front faces tend to stagger a little bit and they are not so kind of. Bradbury: I understand thy:: a~ d that is a good suggestion too. We will sure try to do something with that, maybe if we can find some extra feet, move (inaudible). • • Meridian Planning & Zoning Commission January 9, 1996 Page 25 Oslund: That is my main concern, when I looked at this I originally though that you had these small setbacks out of necessity because you were squeezed in you had to five with those constraints. But it looks like to me there are ways to tweak things here and there to try and achieve better setbacks. The last thing I want to discuss is the entry. Johnson: Are you sure this is the last thing? Oslund: I am sure this time. This is what the developer gets when he comes out and gives me an early presentation. I actually got to look at this one. The entry way has 80 feet of right of way I believe and (End of Tape) we have a house on each side of that entry way that has that minimum five foot sideyard setback. Yet these homes are on a corner lot. I am assuming that they, if we were to follow the standard we would have 20 on that site as well. Bradbury: That is a good point, I think that was something that was overlooked. Oslund: That right of way can be reduced down to 60 and tighten up that entry a little bit, it seems more than wide enough. That is all I have to say on that, if you can look at that. Bradbury: Sure, I would be happy to look at that and I think that you are correct, as I look at my list those two lots didn't get included and they should have been. You are absolutely correct maybe we can work on that. We would be pleased to do it and I don't know if the Commissioner wants to perhaps set, up a meeting with the developer to go over some of these thoughts in ,detail but we would sure do that if you would like. If you want, I don't know if your schedule permits it. Oslund: It worked so well for you this time you decided to do it again. I have some time a little here and there. Bradbury: We would be pleased to work out with you or staff at your convenience. Hepper: I just had a quick question, you referred to the footprint of the home sitting on the lot then you have a number plugged in like 1440 and 1620 is that livable living space not counting the garage? Bradbury: I would say yes to that question and Doug is nodding his head so I think I am right. Hepper: So that is not necessarily the total footprint of the building. Bradbury: That is correct, the living space. • • Meridian Planning & Zoning Commission January 9, 1996 Page 26 Johnson: Anyone else from the Commission? Thank you Steve. This is a public hearing, anyone else from the public that would like to address the Commission at this time on this application? Seeing no one then I will close the public hearing. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact. Shearer: Second Johnson: Moved and second that we have the City Attorney prepare findings of fact on the application for the Lake at Cherry Lane Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.6 SUBDIVISION BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing and invite Mr. Bradbury to come up for four times in a row. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: I will just give the same presentation over again for you. What I would suggest that perhaps we do is simply agree to incorporate the comments 1 made in my previous presentation into the record into this one and let it go at that unless you have any particular questions. Johnson: That is a good move thank you. Any questions from the Commission on the preliminary plat? This is a public hearing is there anyone that wants to address the Commission on the preliminary plat for this a~lication? Seeing no one then and assuming you people are finished I will close the public hearing at this time. Shearer: Do you just want to table this until the next meeting? Johnson: That is about all we can do. Shearer: I move we table this item until the February 13th meeting. MacCoy: Second Johnson: We have a motion and a second to table item 11 until the February 13th meeting, all those in favor? Opposed? 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depamnent (208) 887-221 I Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning ~~ ~ Froln: Bruce Freckleton, Assistant to City Engineer~~ Re: THE LAKE AT CHERRY LANE N0.6 ? (Preliminary PlatlConditional Use - By Steiner Development) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTAEE TIM HEPPER January 5, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-bO5.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape imgation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-b06.B. 6. Submit. letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. c': t~~V~~ltif0~,r,F.!~F.RAL1AIiE/K+.PB:"1. • Mayor, Council and P&Z January 5, 1996 Page 2 8. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 9. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 10. Off-street pazking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and 11-2-414. D. 5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer {Ord. 557, 10-1-91). 13. Outside lighting shall be designed and placed so as to not direct illumination on any neazby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 14. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 15. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office prior to the scheduled hearing date. SITE SPECIFIC COMMENTS: 1. Revise the Preliminary Plat to include the source for the pressurized imgation system. System shall be designed such that no lateral lines run parallel within the street right-of- ways. Crossings from block to block will be allowed. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized imgation system. c:~..wwut:vcacexExn[.~,~n~as.r~z • Mayor, Council and P&Z January 5, 1996 Page 3 2. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3. The Meridian Fire Department and Meridian School District need to review and approve of the travel way widths. I am concerned about the narrower width of the roadways as it will make it more difficult to navigate with school busses and emergency vehicles. As an absolute minimum, "No Parking" signs should be posted along one side of the street. I don't know how enforcement of the "No Parking" will be accomplished. 4. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 5. Many concept versions of this project have been submitted to the City of Meridian over the last year or so. Shari Stiles and I reviewed and submitted comments to the Planning and Zoning Commission for the Preliminary Plat of the Lake at Cherry Iane No's. 5 & 6 on March 10, 1995. There were eight General Comments, eleven Site Specific Comments -Public Works, and ten Site Specific Comments -Planning Department. Prior to the City Council meeting of October 17, 1995, I reviewed my files to try and determine if our review comments had been addressed by the applicant. On October 13, 1995, I prepared a memorandum to the City Council in which I requested that the Preliminary Plat for the Lake at Cherry Lane No. 5 & 6 be tabled until we receive and review a Preliminary Plat map that represented the most current proposal as well as address all of our comments. City Council approved the Plat at the October 17, 1995 meeting with the conditions that a note be added to the Preliminary Plat map regarding the R-4 Zone along the southerly boundary and meering the staff conditions. To this date I still don't have a revised Preliminary Plat map that has been revised to show the "three zone concept" nor have all of Shari's and my comments been addressed. The Approved Preliminary Plat indicates that there will be two phases to this project, the phase line shows that the project will be divided in more or less anorth-south fashion. From the Plat map I assume that one would be "The Lake at Cherry Lane No. 5" and the other would be "The Lake at Cherry Lane No. 6". The application before you doesn`t include the north portion of what I assume was presented as being "The Lake at Cherry Lane No. 6"; therfore it is not in conformance with the Approved Preliminary Plat. I respectfully request that a condition of this application be that the applicant address all of our previous comments and submit a Preliminary Plat Map that represents the current development proposal. C:\WPW WC4IGENERAUTAIQiAK.P&Z • • BEFORE THE MERIDIAN PLBNNING AND ZONING THE LAKE AT CHERRY LANE NO. 5 - STEINER DEVELOPMENT CONDITIONAL USE PERMIT SE 1/4 NE 1/4 SECTION 3, T.3N., R.1W. MERIDIAN, IDAHO FINDINGS OF FACT AND C~CLUSIONS OF LAW The above entitled matter having come on for public hearing, January 9, 1996, at the hour of 7:30 o'clock p.m. on said date, the Applicant appearing through attorney Steve Bradbury, spokesperson for Steiner Development, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for January 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper,. radio and television stations. 2. The Applicant is not the owner of record of the property, but the owner of record, William E. Teeter, consented to the annexation and zoning application, which is on file, but no consent to the conditional use permit, as the Applicant requests, is on FINDINGS OF FACT AND CONCLUSIONS OF LAW PacTe 1 THE LAKE AT CHERRY LANE NO. 5 • file by the owner, Mr. Teeter. That Steiner Development asserts that it has an option to buy from the record owner of the land described; that the property is described in the application which description is incorporated herein. 3. That the land is zoned R-15, Medium High Density Residential District, and R-4, Law Density Residential District. 4. That the property included in the application for conditional use is described in the application, and by this reference is incorporated herein; that the property was a portion of Mr. Teeter's 40 acre farm; that the property is on the west side of Ten Mile Road between Ustick and Cherry Lane; that the adjacent property to the East is a residential subdivision across Ten Mile Road which is zoned R-4; that the adjacent property to the south is a portion of Cherry Lane Village No. 3 or 4, which is zoned R-4 Residential; that the adjacent property to the West is a portion of The Lake at Cherry Lane Cherry Lane Subdivision No. 5, which is zoned R-4; that the adjacent property to the north is land which has been annexed and is known by the name Englewood Estates. 5. That on November 9, 1994, at a Planning and Zoning Commission meeting, but not a public hearing, the Applicant presented a concept plan for development; Applicants's representative stated that there would be 20 acres of R-4 and 20 acres of R-15; that there would be elderly garden one level homes with gated, high security clusters with liberal common area and private roads to the Garden homes and to the town houses; that FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 THE LAKE AT CHERRY LANE N0. 5 • there would be restrictions on children living there; it would be for people of 55 years. and older; that the homes would be of high quality; that they were donating afire station and that they were working on a school site; that there would be 20 acres in phase one. 6. That at the September 15, 1995, City Council meeting, the the Applicant presented a new concept for the development; Applicant's representative, Steve Bradbury, stated the request is to have a portion of the land zoned R-4, a portion zoned R-8, and a portion zoned R-15; that the R-4 and R-8 portions were done as a preliminary plat with the R-15 done as a concept.plan; the R-15 was broken into two portions, with the northern portion being developed as a condominium/town house project and the southern portion being attached developed as a single family detached and single family dwelling project; that a part of the southern portion of the R-15 area abuts the R-4 Cherry Lane Village Subdivision; the Applicant ~lat, a colored drawing and an 8 1/2 X 11 presented a preliminary p rendering of the preliminary plat; it is the southern portion that is now being presented with all homes being single-family detached homes; that a preliminary plat was submitted. ~. That the Applicant's representative, Steve Bradbury, this a lication; that testified before the Commission regarding PP the Applicant is attempting to re-divide the southeasterly portion of the property which consists of approximately 10 acres and is zoned R-15; that the developing will be done in phases; that the PaQ- 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW THE LAKE AT CHERRY LANE NO. 5 • south half of the property will be developed first, as The Lake at Cherry Lane No . 5 , and the north half of the property developed second, as The Lake at Cherry Lane No. 6; that this project is contemplated as a senior citizens complex comprising 52 single family detached dwellings, about 5.2 units per acre, all homes were now going to exceed 1,400. square feet, as presented by Mr. Bradbury in a drawing or partial plat, and include 2 car garages, with the option for a three car garage on the .units in the R-4 zone designation on the larger lots to the south; that the dwellings will be single story. Mr. Bradbury added that the developer, Steiner, Inc., intends to do a great deal of landscaping both on the perimeter of this project and at the entrances and within, which would be the proposed recreation center and club house; that the developer still intends to donate to the City a fire station site, however the dimensions of that fire station site have changed from what was previously proposed as 160 by 160 square, to now being 148 by 170 feet as a. result of the re-design for the R-4 lots along the south boundary with 80 foot frontages. Mr. Bradbury stated that as a planned development, some exceptions from the standard district regulations are permitted; he stated that the developer is seeking some exceptions; that on the interior of this portion of the subdivision, private streets would be a provision; that a private security gate would be installed at this location; that the right of way widths which are proposed are 40 feet and they would include a 5 foot sidewalk on one side of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 THE LAKE AT CHERRY LANE NO. 5 • variations are set forth in section 7 of the Applicant's Application booklet, which is incorporated herein as if set forth in full; that this request is largely due to the re-design of the subdivision because of the R-4 sized lots being added on southern portion; that pressurized irrigation will be provided and would be provided from the same source. as it is proposed for the Lake at Cherry Lane Subdivisions No. 3 and 4; that a contract with the Nampa and Meridian Irrigation District will be secured providing, titling and maintaining the system in the future. That Applicant's representative and Commissioner Oslund had discussion about the front set-backs for Lots 8 to 13, Block 11, with the Commissioner stating that the requested 12 foot set-back appeared to be too small and that it appeared that they could have 18 foot front set-backs if the garage was not six feet from the face of the house and if Applicant changed that they could have 18 feet for the front set-back and as a minimum distance from the garage door to the back of the sidewalk; Mr Bradbury agreed that could be done and they would be will to comply with that condition. The two also spoke about Lots 2 to 6, Block 11, having double frontages and Commissioner Oslund stated that there needs to be .sfdome kind of special treatment; Mr. Bradbury stated that they could address some of those concerns with landscaping such as berming, trees and shrubs. They also discussed the 80 feet of roadway in the entrance road; Commissioner Oslund stating that it could be lowered to 60 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 THE LAKE AT CHERRY ~? _ i L 1O . 5 • feet so that Lot 35, Block 11, would be allowed to have more of a backyard and Lot 1 and 35, Block 11, could have more than a five foot side yard and closer to 20 feet, which is required on a corner lot. Mr. Bradbury stated that they would be pleased to work these problems with the City staff. Commissioner Hepper then asked if the number shown on each lot in the plat-type drawing was the livable space, not counting the garage; Mr. Bradbury stated that Mr. Hepper's question and basic response was correct that those numbers represented the total living space in the home that would be constructed on that lot. 8. That the Applicant submitted its conditional use application in booklet form, which is incorporated herein as if set forth in full, and shall hereafter be referred to as "Booklet". 9. That 11-2-410 A requires the following yard setbacks when there is a single-family structure and the house is on a local road: Minimum front yard set-back 20 feet Minimum rear yard set-back 15 feet Minimum rear yard set-back 5 feet per story; and requires the following minimum lot sizes: Lots in the R-4 District Lots in the R-5 District 8,000 square feet 2,400 square feet/per dwelling unit; and requires the following minimum street frontage for each zone, to wit: Lots in the R-4 District Lots in the R-5 District 80 feet 50 feet. 10. That the Assistant to the City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW THE LAKE AT CHERRY LANE N0. 5 Bruce Paqe 7 • ~~ Freckleton, Planning and Zoning Administrator, Shari Stiles, the Meridian City Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 11. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer, are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances;. f. That the paving and striping shall be in accordance with the Americans with Disabilities Act; g. That a master street drainage plan be submitted, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage districts(s); h. That determination of the seasonal high groundwater elevation and profile of the subsurface soil conditions, shall be prepared by a qualified Engineer or soil scientists; i. That a copy of the proposed restrictive covenants and/or deed restrictions be submitted for review; FINDINGS OF FACT AND CONCLUSIONS OF LAW Pac7e 8 THE LAKE AT CHERRY LANE N0. 5 • • j. That 5 foot wide sidewalks shall be provided in accordance with City Ordinance; k. That placement of the fire hydrants be coordinated with the City of Meridian's Water Works Superintendent; 1. That a letter from the Ada County Street Name Committee be submitted, approving the subdivision and street names, making any necessary corrections to the Preliminary Plat map prior to re-submittal to the City; and m. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. That Mr. Freckleton submitted site specific comments which are as follows: a. That revision to the Preliminary Plat needs to include the source for the pressurized irrigation system; that the system shall be designed such that no lateral lines run parallel within the street right-of-ways; that crossing from block to block will be allowed; that any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system will be; b. That 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department; that all street. lights shall be installed at subdivider's expense; c. That the Meridian Fire Department and Meridian School District need to review and approve of the travel way widths but a concern about the narrower width of the roadways making navigating for school busses and emergency vehicles more difficult; that as an absolute minimum, "No Parking" signs should be posted along one side of the street; d. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development; and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 THE LAKE AT CHERRY LANE N0. 5 • • e. That a condition of this application, the Applicant address all of the previous comments from the Meridian City Engineers office.-and submit a Preliminary Plat Map that represents the current development proposal. 12. That comments were submitted by Shari Stiles, Planning and Zoning Administrator, stating that it is common in a Planned Unit Development that exceptions can be made by the Council to district regulations when they are desirable to achieve the objectives of the proposed planned development; that other variances/exceptions that would need to be approved to grant this conditional use permit in the R-4 and R-15 zones, as presented, would be: 1. Minimum lot sizes 2. Frontages 3. Minimum roadway widths/private drives 4. Parking areas closer than 4' from road right-of-way; depths less than Ordinance requires 5. Provision of 5' sidewalks on each side of the roadway in accordance with City Ordinance Section 11-9-606.B. 6. Front and side yard setbacks (5' per story on side) That the Applicant shall submit the following additional information: 1. A colored rendering of adequate scale to show the completed development that will include at least the following items: a. Architectural style and building design; b. Building materials and color; c. Detailed landscape plan showing sizes and species, particularly for 20'~a~g•strip along Ten Mile Road; p(~ i~t~ i1~ d. Screening; and e. Garbage areas. 2. That an Ada County Street Name Committee approval needs to be obtained. 3. Proposed restrictive covenants and deed restrictions FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 THE LAKE AT CHERRY LANE NO. 5 • this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Development shall be subject to design review by the City staff and Council; that Sections 11-9-607 A through H are incorporated herein as if set forth in full; that 11-9-607 8 states that a PD shall be allowed only as a Conditional Use in each district, shall be governed by the regulations of the district in which it is located, that a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, sign, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: architectural style and building design, building materials and color, landscaping screening, garbage area,. parking, and open space. That Section 11-9-607 F 3. states that the Owner's Association Bylaws, and other similar deed restrictions, shall meet with the approval of the Council; that Applicant has not submitted bylaws or covenants, conditions and restrictions to the City. 15. That any comments from the Ada County Highway District, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 THE LAKE AT CHERRY LANE N0. 5 not yet received, will be incorporated as if set forth in full; Applicant has indicated that the streets within the subdivision will be private but will meet all standards. 16. That sewer and water is available to the property and is required. 17. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 and R-15 zones; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-507 E states as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shal-1 be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Developments shall be subject to design review by the City staff and Council; that Sections 11-9-607 A through H are incorporated herein as if set forth in full; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale. to show the completed development that will include at least the following: architectural style and building design, building materials and color, landscaping screening, garbage area, parking, and open space;. 18. That the R-4 and R-15 Residential Districts are described FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 THE LAKE AT CHERRY LANE NO. 5 • • in the Zoning Ordinance, 11-2-408 B. 3. and 5. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District.is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 19. That the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone and houses of 1,301 square feet are required in the R-15 zone, unless there are dispersed among the development houses of varying size as allowed in 11-4-411 d 2. 20. That Section 11-2-411 B states as follows: "All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 22. There was no public testimony. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 THE LAKE AT CHERRY LANE N0. 5 • CONCLUSI®NS 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 of ,Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant, to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That .the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The Planned Unit Development use, would in fact, constitute a conditional use and a conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 THE LAKE AT CHERRY LANE NO. 5 is required by ordinance. b. The use should be harmonious with and i.n accordance with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c . The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity,, which is the Cherry Lane Village, The Lake at Cherry Lane, Golf View, and Golf View Estates Subdivisions; however, the Applicant represented the exact square footage requirements on each lot, all which meet the square footage requirement for the R-4 district, represented what the roofing, sideboard, brick, subdivision layout, and most of the floor plans that would be constructed. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available and will have to be installed and connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or..conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That regarding the conditional use finding that must be addressed pursuant to 11-2-418 C 3. as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course FINDINGS OF FACT AND CONCLUSIONS OF LAW Pane 16 THE LAKE AT CHERRY LANE NO. 5 with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c. The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which is the Cherry Lane Village Subdivision, The lake at Cherry Lane, and Golf View Estates; Applicant did, however, state that the character of the homes would comport to existing homes,-that they would have only detached single-family dwellings, two-car garages, gross density would be 5.2 dwelling units per acre, shake styled roofs, and the square footage of all of the proposed homes was represented. and there were none below 1,400 square feet. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available to it and will have to be installed and connected by the Applicant. .. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the comsanity. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That Section 11-9-507 G. 8. provides that all planned development shall be subject to design review by the City staff and Council; that it is recommended that design review be a requirement and Applicant required to comply with it. 8. That if the conditional use permit is granted for the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 THE LAKE AT CHERRY LANE NO. 5 • planned unit development applied for, all ordinances of the City of Meridian must be met, including but not limited to, the Zoning Ordinance and the Subdivision and Development Ordinance, both as modified by Section 11-9-607 of the Subdivision and Development Ordinance, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, and all parking and landscaping requirements. 9. That it is concluded that the Applicant should be required to meet, and comply with, the requirements of Bruce Freckleton, Assistant to the City Engineer, Shari Stiles, City Planning and Zoning Administrator. 10. That on the first page of tab number 1, the Booklet states that the size of the homes would be a minimum of 1,301 square feet, however the square footage of the homes was represented during the public hearing and submitted on a plat-like drawing; that all of the square footages on the drawing exceeded 1,400 square feet; that since the square footages of the homes were represented as being in excess of 1,400 square feet and since they were stated at the public hearing, which was more recent than the time that the Booklet was filed with the City, that it is concluded that all of the homes constructed in the subdivision will exceed 1,400 square feet. 11. That at the public hearing Mr. Bradbury stated that most of the streets would be private with 40 feet of private road right- of-way; that he also stated that Applicant desired less setback FINDINGS OF FACT AND !CONCLUSIONS OF LAW Page 19 THE LAKE AT CHERRY LANE N0. 5 • • than was required by the Ordinances; that Shari Stiles stated that the Applicant desired to reduce the minimum lot sizes, frontages, minimum roadway widths with private drives, parking areas closer than 4' from road right-of-way, depths of the homes less than Ordinance requires, provision of less than 5' sidewalks on each side of the roadway, and smaller front and side yard setbacks; that it is concluded that since this application is a planned unit development and that under 11-9-607 E the-City has the ability to grant requests for changes from the Ordinances of the City without requiring a variance; that with regard to the changes pointed out by the Applicant or Shari Stiles, it is concluded, as follows: 1. That the roads .shall be public and meet ACHD requirements. 2. That all setbacks shall remain the same, except that the front setback may be 15 feet. 3. That the minimum lot sizes shall not be changed, as it appears that the requirements on the lots have been met. 4. That the frontages shall be changed and shall be as set forth by the Applicant on its preliminary plat and in the Booklet. 5. That the parking areas may be closer than 4' from road right-of-way anc~,the depths of the lots may be less than required, as allowed by having only a 15 foot front setback. 6. That there may be 5' sidewalks only on one side of the roadway, but. Applicant shall have sidewalks as shown in the Booklet. 12. It is further concluded that if the City Council approves of this Planned Unit Development without amended Findings of Fact and Conclusions of Law and adopts these Findings of Fact and Conclusions of Law, that all requirements stated herein shall be mandatory; it is further concluded that all structures shall be subject to design review by the City Council and staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 20 THE LAKE AT CHERRY LANE NO. 5 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER SHEARER COMMISSIONER OSLUND COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECONIIKEI~DATION VOTED ~' VOTED ~- VOTED VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends that this Application be approved under the conditions stated above in these Findings of Fact and Conclusions of Law; that any ultimate approval should be subject to all City Ordinances, specifically including design review and plat approval under the procedures of the Subdivision and Development Ordinance. MOTION: APPROVED: A,A_ DISAPPROVED: Y~" FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 21 THE LAKE AT CHERRY LANE NO. 5 . HUB OF TRFa,SURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Pfxe to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer CITY OF l~IERIDIAN MAX YERRINGTON WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO P & 2 COMMISSION DENNIS J. SUMMERS, Parks supt. SHARI L. STILES, P ~ Z Administrator MERIDIAN IDAHO 83642 + JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI KENNETH W. BOWERS, Fire Chief Public WorksBuilding laepartment (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Driveal.ieense (208) 888-4443 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney TIM HEPPER GRANT P. HINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMflkIENTS ON DEVELOPMENT PROJECTS WITH THE CITY ©F MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning S< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:,~anuary 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Conditional Use Permit for The Lake at Cherry Lane No. 6 Subdivision BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Immediately east of the Lake at Cherry Lane No. 3 Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C1C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN- SCHOOL DISTRICT MERIDL4N POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA AERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WES1'(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU aF REC 10 (PRELIM 8~ FINAL PLAT) cITY FILES ~~ OTHER: YOUR CONCISE REMARKS: .~-ma .@, 'v ~ y y0~~ C11 i U~ ~+~r~~~-r,~~a~,x 1 t~+a3;..caY1.3u'+! OFFICIALS ~ HUB OF TREASURE VALLEY ~ (X)UNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA MAX YEARINGTON JANICE L. GASS, City Treasurer GARY D. SMITH City Engineer P.E. CITY OF MERIDIAN W LT , , W. MORROW A BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, waste water supt. 33 EAST IDAHO P 8 Z COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P i~ Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public Works/Building Departrtunt (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers I.icease (208) 888-4443 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney T6U HEPPER GRANT P. IQNGSFORD 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 Planning SZ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Conditional Use Permit for The Lake at Cheny Lane No. 6 Subdivision BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Immediately east of the Lake at Cherry Lane No. 3 Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES ~~ , OTHER: ~ ~~ YOUR CONCISE REMARKS: ,z•, ~~ r Fad ~ ~~ ~ ~iT-~' 7Jo .a s :/T t h~ v e ~- Rib ~ /.e :.~. - - ~.- c ~a~-~- CENTRAL CE L DISTRICT HEALTH DEPA ENT •• DISTRICT Environmental Health Division .> ~.-a ,: ~.:-° ~- •• ~`~ "~~ y _ w~ .3 'itt' H EA LT H ~~ ~-- y ~ '` ~'~ ~b... »r"Return to: ^ Boise DEPARTMENT ,~' ' ~ ~ ~ aa.:<. ^ Eagle # - t:.~j , ~ al~i<~za~=:~= - ^ Garden city Rezone -~s ~ - '~~~ Conditional Use # _ ~ I~KL ~~ Ci~~'~ c ..w ~~,~~ ~, J~~Meridian ^ Kuna Preliminary /Final / Shxort Plat ^ ACZ ^ I. We have No 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 'central sewage ^ communiq sewage system ^ community water well ^ interim sewage .,'~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: `central sewage ^ community sewage system ^ community water LJ sewage dry lines .i~tentral water ,~- 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. ^ 14. ,~ 15. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store ^ child care center Date: ~~/ / / ~ Reviewed By: ~ Review eet CDND 10/91 «b, rev. Il95 CENTRAL • DISTRICT ~1'rHEALTH T MAIN OfFlCE • 707 N, ARMSTRONG PL. • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500 DEPARTMEN To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR. STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada /Base Count' Office WIC Boise • Meridian ENnore Cauiy Office Elmore County Once Vafiey County Office Armstrong R. 701 N 1606 Roberts 520 E. Blh ~reei N. of Environmental Heallh P.O. Box 1448 . 83104 Boise ID Bone. ID. Mowtain txxne, ID. 190 S. 4th Street E. McCall, ID. 83638 , . Enviro. Health: 321-1499 83105 Ph.334-3355 83647 Ph. 581.4401 Mountain Home, ID. Ph. 634-7194 Fam4y Plonning: 321-1400 324 Meridian, ID. 83647 ?h. 587.9225 Immun¢aNons: 321.1450 83642 Ph. 888525 Nutrition: 321-1460 WIC: 321.1488 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW JIM JOHNSON, Chairman r-.~~~~~~ ~ MOEALIDJANI SHEARER IE ROUNTREE TIM HEPPER DEC 2 2 1995 yor NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS HUB OF TREASURE VALLEY A Good Place to Live. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO ffii642 Phone (208) 888433 • FAX (208) 887-4813 Public WorksBuildiag Dtpattment (20>~ 887-2211 Motor Vehicle/Drivets I.icease (208) Eft-443 GRANT P. KINGSFORD Ma WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~January 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Conditional Use Permit for The Lake at Cheny Lane No 6 Subdivision BY: Steiner Development LOCATION OF PROPERTY OR PROJECT:__ Immediately east of the Lake at CherrX Lane No. 3 Subdivision JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING A&SOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, CIC SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREL~A 8~ FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAIVIATiON(PRELIM 8 FINAL PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All latera s an waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review draina a /ans. It is recommended that irri at ion water be made available to all developments wit in t is istrict. Nampa & Meridian Irrigation District requires that a Land Use Change Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~,, _ :" ~' ~ ~ aD;~~ ?.r: ~~ It ~ is'~ i~>a1T.~'As~ ~i 'l2a~r~ia. & ~~~cd~cuz ~vc~gatio~ ~ca.~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 January 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Steiner Development, L.L.C. Boise 343-1884 BOX O P 19 0 4 7 2 SHOP: Nampa 466-0663 . . BOise, ID 83719 Boise 345-2431 RE: Land Use Change Application for The Lake at Cherry Lane No. 6 Dear Steiner Development: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Bill & Viola Teter City of Meridian enc. ~~ ',! ~.... ~.. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 8 8r 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT AND A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO 5 SUBDNISION 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 OFLAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~ v F~ ~ ~~~~0 F~~'~~ l ~~~f~~ ~°~~ ~~Q ~`~ P^'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • / MERIDIAN PLANNING & 20NING COMMISSION MEETING: JANUARY 9.1996 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 10 REQUEST: PUBLIC HEARING REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO ~ SUBDNISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: `~ MERIDIAN POST OFFICE: P ~f rr'' (' ~ ADA COUNTY HIGHWAY DISTRICT: W j~ ~ ~~~ ,) ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~/" BUREAU OF RECLAMATION: ~~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. S ~ t Y BEFORE THE MERIDIAN PLANNING AND ZONING THE LAKE AT CHERRY LANE NO. 5 - STEINER DEVELOPMENT CONDITIONAL USE PERMIT SE 1/4 NE 1/4 SECTION 3, T.3N., R.1W. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing, January 9, 1996, at the hour of 7:30 o'clock p.m. on said date, the Applicant appearing through attorney Steve Bradbury, spokesperson for Steiner Development, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for January 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. .The Applicant is not the owner of record of the property, but the owner of record, William E. Teeter, consented to the annexation and zoning application, which is on file, but no consent to the conditional use permit, as the Applicant requests, is on FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 THE LAKE AT CHERRY LANE N0. 5 • s file by the owner, Mr. Teeter. That Steiner Development asserts that it has an option to buy from the record owner of the land described; that the property is described in the application which description is incorporated herein. 3. That the land is zoned R-i5, Medium High Density Residential District, and R-4, Low Density Residential District. 4. That the property included in the application for conditional use is described in the application, and by this reference is incorporated herein; that the property was a portion of Mr. Teeter's 40 acre farm; that the property is on the west side of Ten Mile Road between Ustick and Cherry Lane; that the adjacent property to the East is a residential subdivision across Ten Mile Road which is zoned R-4; that the adjacent property to the south is a portion of Cherry Lane Village No. 3 or 4, which is zoned R-4 Residential; that the adjacent property to the West is a portion of The Lake at Cherry Lane Cherry Lane Subdivision No. 5, which is zoned R-4; that the adjacent property to the north is land which has been annexed and is known by the name Englewood Estates. 5. That on November 9, 1994, at a Planning and Zoning Commission meeting, but not a public hearing, the Applicant presented a concept plan for development; Applicants's representative stated that there would be 20 acres of R-4 and 20 acres of R-15; that there would be elderly garden one level homes with gated, high security clusters with liberal common area and private roads to the Garden homes and to the town houses; that FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 THE LAKE AT CHERRY LANE NO. 5 ,, there would be restrictions on children living there; it would be for people of 55 years and older; that the homes would be of high quality; that they were donating a fire station and that they were working on a school site; that there would be 20 acres in phase one. 6. That at the September 15, 1995, City Council meeting, the Applicant presented a new concept for the development; the Applicant's representative, Steve Bradbury, stated the request is to have a portion of the land zoned R-4, a portion zoned R-8, and a portion zoned R-15; that the R-4 and R-8 portions were done as a preliminary plat with the R-15 done as a concept plan; the R-15 was broken into two portions, with the northern portion being developed as a condominium/town house project and the southern portion being developed as a single family detached and single family attached dwelling project; that a part of the southern portion of the R-15 area abuts the R-4 Cherry Lane Village Subdivision; the Applicant presented a preliminary plat, a colored drawing and an 8 1/2 X 11 rendering of the preliminary plat; it is the southern portion that is now being presented with all homes being single-family detached homes; that a preliminary plat was submitted. 7. That the Applicant's representative, Steve Bradbury, testified before the Commission regarding this application; that the Applicant is attempting to re-divide the southeasterly portion of the property which consists of approximately 10 acres and is zoned R-15; that the developing will be done in phases; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 THE LAKE AT CHERRY LANE N0. 5 south half of the property will be developed first, as The Lake at Cherry Lane No. 5, and the north half of the property developed second, as The Lake at Cherry Lane No. 6; that this project is contemplated as a senior citizens complex comprising 52 single family detached dwellings, about 5.2 units per acre, all homes were now going to exceed 1,400 square feet, as presented by Mr. Bradbury in a drawing or partial plat, and include 2 car garages, with the option for a three car garage on the units in the R-4 zone designation on the larger lots to the south; that the dwellings will be single story. Mr. Bradbury added that the developer, Steiner, Inc., intends to do a great deal of landscaping both on the perimeter of this project and at the entrances and within, which would be the proposed recreation center and club house; that the developer still intends to donate to the City a fire station site, however the dimensions of that fire station site have changed from what was previously proposed as 160 by 160 square, to now being 148 by 170 feet as a result of the re-design for the R-4 lots along the south boundary with 80 foot frontages. Mr. Bradbury stated that as a planned development, some exceptions from the standard district regulations are permitted; he stated that the developer is seeking some exceptions; that on the interior of this portion of the subdivision, private streets would be a provision; that a private security gate would be installed at this location; that the right of way widths which are proposed are 40 feet and they would include a 5 foot sidewalk on one side of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 THE LAKE AT CHERRY LANE N0. 5 each of the street in the subdivision, so each street within the project will have sidewalk on at least one side, and in some places both sides; that the Applicant is willing to handle parking or no parking as the City or the Fire Chief sees fit and will abide by placing no parking signs and include, in the restrictive covenants, prohibitions against parking and require the homeowners association to enforce the no parking requirements. That another exception the developer is seeking relief from is the. minimum street frontage requirement on a few lots; that primarily the lots that are on the four corners, the outside corner of the subdivision where the roads turn, would be reduced to 25 feet of frontage, as opposed to the required 40 feet; that the Developer was requesting that the requirement that the parking spaces provided for the recreation center be separated from the road right-of-way by four feet (4'), be reduced since the road is a private road and not likely to be too heavily travelled; that more parking spaces than are minimally required by the ordinance are being provided; that he requests that some consideration be given to reducing the minimum front setbacks on a fair number of the lots; that the smallest front yard setback that is being proposed is 12 feet, with a few at 14 feet, some at 15 feet, and one is proposed at 16 foot front yard setback. Mr. Bradbury went on to say that the developer has a few rear yard setbacks that the Developer would request be reduced from the standard of 15 feet to a couple of 13's, a 14, a 12, a 10 and an 8 foot rear yard setback; that the designations of requested set-back FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 THE LAKE AT CHERRY LANE N0. 5 variations are set forth in section 7 of the Applicant's Application booklet, which is incorporated herein as if set forth in full; that this request is largely due to the re-design of the subdivision because of the R-4 sized lots being added on southern portion; that pressurized irrigation will be provided and would be provided from the same source as it is proposed for the Lake at Cherry Lane Subdivisions No. 3 and 4; that a contract with the Nampa and Meridian Irrigation District will be secured providing, titling and maintaining the system in the future. That Applicant's representative and Commissioner Oslund had discussion about the front set-backs for Lots 8 to 13, Block 11, with the Commissioner stating that the requested 12 foot set-back appeared to be too small and that it appeared that they could have 18 foot front set-backs if the garage was not six feet from the face of the house and if Applicant changed that they could have 18 feet for the front set-back and as a minimum distance from the garage door to the back of the sidewalk; Mr Bradbury agreed that could be done and they would be will to comply with that condition. The two also spoke about Lots 2 to 6, Block 11, having double frontages and Commissioner Oslund stated that there needs to be s~¢Tome kind of special treatment; Mr. Bradbury stated that they could address some of those concerns with landscaping such as berming, trees and shrubs. They also discussed the 80 feet of roadway in the entrance road; Commissioner Oslund stating that it could be lowered to 60 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 THE LAKE AT CHERRY LANE NO. 5 feet so that Lot 35, Block 11, would be allowed to have more of a backyard and Lot 1 and 35, Block 11, could have more than a five foot side yard and closer to 20 feet, which is required on a corner lot. Mr. Bradbury stated that they would be pleased to work these problems with the City staff. Commissioner Hepper then asked if the number shown on each lot in the plat-type drawing was the livable space, not counting the garage; Mr. Bradbury stated that Mr. Hepper's question and basic response was correct that those numbers represented the total living space in the home that would be constructed on that lot. 8. That the Applicant submitted its conditional use application in booklet form, which is incorporated herein as if set forth in full, and shall hereafter be referred to as "Booklet". 9. That 11-2-410 A requires the following yard setbacks when there is a single-family structure and the house is on a local road: Minimum front yard set-back 20 feet Minimum rear yard set-back 15 feet Minimum rear yard set-back 5 feet per story; and requires the following minimum lot sizes: Lots in the R-4 District Lots in the R-5 District 8,000 square feet 2,400 square feet/per dwelling unit; and requires the following minimum street frontage for each zone, to wit: Lots in the R-4 District Lots in the R-5 District 80 feet 50 feet. 10. That the Assistant to the City Engineer, Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW THE LAKE AT CHERRY LANE N0. 5 Page 7 Freckleton, Planning and Zoning Administrator, Shari Stiles, the Meridian City Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 11. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer, are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled.; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act; g. That a master street drainage plan be submitted, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage districts(sj; h. That determination of the seasonal high groundwater elevation and profile of the subsurface soil conditions, shall be prepared by a qualified Engineer or soil scientists; i. That a copy of the proposed restrictive covenants and/or deed restrictions be submitted for review; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 THE LAKE AT CHERRY LANE NO. 5 • j. That 5 foot wide sidewalks shall be provided in accordance with City Ordinance; k. That placement of the fire hydrants be coordinated with the City of Meridian's Water Works Superintendent; 1. That a letter from the Ada County Street Name Committee be submitted, approving the subdivision and street names, making any necessary corrections to the Preliminary Plat map prior to re-submittal to the City; and m. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. That Mr. Freckleton submitted site specific comments which are as follows: a. That revision to the Preliminary Plat needs to include the source for the pressurized irrigation system; that the syste: shall be designed such that no lateral lines run parallel within the street right-of-ways; that crossing from block to block will be allowed; that any proposal fora pplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system will be; b. That 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department; that all street lights shall be installed at subdivider's expense; c. That the Meridian Fire Department and Meridian School District need to review and approve of the travel way widths but a concern about the narrower width of the roadways making navigating for school busses and emergency vehicles more difficult; that as an absolute minimum, "No Parking" signs should be posted along one side of the street; d. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development,• and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 THE LAKE AT CHERRY LANE HQ. 5 • e. That a condition of this application, the Applicant address all of the previous comments from the Meridian City Engineers office and submit a Preliminary Plat Map that represents the current development proposal. 12. That comments were submitted by Shari Stiles, Planning and Zoning Administrator, stating that it is common in a Planned Unit Development that exceptions can be made by the Council to district regulations when they are desirable to achieve the objectives of the proposed planned development; that other variances/exceptions that would need to be approved to grant this conditional use permit in the R-4 and R-15 zones, as presented, would be: 1. Minimum lot sizes 2. Frontages 3. Minimum roadway widths/private drives 4. Parking areas closer than 4' from road right-of-way; depths less than Ordinance requires 5. Provision of 5' sidewalks on each side of the roadway in accordance with City Ordinance Section 11-9-606.B. 6. Front and side yard setbacks (5' per story on side) That the Applicant shall submit the following additional information 1. A colored rendering of adequate scale to show the completed development that will include at least the following items: a. Architectural style and building design; b. Building materials and color; c. Detailed landscape plan showing sizes and species, particularly for 20' ~~e~ strip along Ten Mile Road; pJ~~fi~hy d. Screening; and e. Garbage areas. 2. That an Ada County Street Name Committee approval needs to be obtained. 3. Proposed restrictive covenants and deed restrictions FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 10 THE LAKE AT CHERRY LANE NO. 5 • submitted. 4. Master street drainage plan submitted. 5. Ada County Highway District Technical Review Committee approval. 6. Indicate minimum house size on plat. 7. Permanent perimeter fencing to be in place prior to obtaining building permits. 8. Recreation center to be completed as part of initial development. 9. Submit approval from Nampa-Meridian Irrigation District/Ada County Highway District for pressurized irrigation/drainage plan. (Will ACHD take responsibility for proposed drainage pond, or will this be maintained by the Homeowners Association?) 10. Provide detail of pedestrian walkway/golf cart access currently shown on Lot 14, Block 11, as well as gates proposed with the development; and 11. No Parking areas to be enforced by Homeowners Association; that parking may need to be prohibited adjacent to landscape islands and allowed on one side of street only in other areas. 13. That the Meridian Police and Fire Departments, Central District Health Department, and the Nampa Meridian Irrigation District, did submit comments and such are incorporated herein as if set forth in full. 14. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 zone; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 THE LAKE AT CHERRY LANE N0. 5 • • this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided-such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Development shall be subject to design review by the City staff and Council;. that Sections 11-9-607 A through H-are incorporated herein as if set forth in full; that 11-9-607 E states that a PD shall be allowed only as a Conditional Use in each district, shall be governed by the regulations of the district in which it is located, that a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, sign, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: architectural style and building design, building materials and color, landscaping screening, garbage area, parking, and open space. That Section 11-9-607 F 3. states that the Owner's Association Bylaws, and other similar deed restrictions, shall meet with the approval of the Council; that Applicant has not submitted bylaws or covenants, .conditions and restrictions to the City. 15. That any comments from the Ada County Highway District, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 THE LAKE AT CHERRY LANE N0. 5 .. • ! not yet received, will be incorporated as if set forth in full; Applicant has indicated that the streets within the subdivision will be private but will meet all standards. 16. That sewer and water is available to the property and is required. 17. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 and R-15 zones; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Developments shall be subject to design review by the City staff and Council; that Sections 11-9-607 A through H are incorporated herein as if set forth in full; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: architectural style and building design, building materials and color, landscaping screening, garbage area, parking, and open space;. 18. That the R-4 and R-15 Residential Districts are described FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 THE LAKE AT CHERRY LANE NO. 5 • in the Zoning Ordinance, 11-2-408 B. 3. and 5. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 19. That the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone and houses of 1,301 square feet are required in the R-15 zone, unless there are dispersed among the development houses of varying size as allowed in 11-4-411 d 2. 20. That Section 11-2-411 B states as follows: "All new residential housing developments. in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 22. There was no public testimony. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 THE LAKE AT CHERRY LANE NO. 5 • 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 of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The Planned Unit Development use, would in fact, constitute a conditional use and a conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 THE LAKE AT CHERRY LANE NO. 5 is required by ordinance. r~ u b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c. The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which is the Cherry Lane Village, The Lake at Cherry Lane, Golf View, and Golf View Estates Subdivisions; however, the Applicant represented the exact square footage requirements on each lot, all which meet the square footage requirement for the R-4 district, represented what the roofing, sideboard, brick, subdivision layout, and most of the floor plans that would be constructed. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available and will have to be installed and connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That regarding the conditional use finding that must be addressed pursuant to 11-2-418 C 3. as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 THE LAKE AT CHERRY LANE NO. 5 • area, including Cherry Lane Subdivision, Golf View, The Lake at Cherry Lane and Golf View Estates; that by making this proposed subdivision for a senior citizen living complex does not remove the conditional use requirement that the proposed use be harmonious with the general vicinity. 5. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 and R-15 zones; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desireable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; 6. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the. Planning and Zoning Commission concludes as follows: a. The Planned Development use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 THE LAKE AT CHERRY LANE NO. 5 • • with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c. The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which is the Cherry Lane Village Subdivision, The lake at Cherry Lane, and Golf View Estates; Applicant did, however, state that the character of the homes would comport to existing homes, that they would have only detached single-family dwellings, two-car garages, gross density would be 5.2 dwelling units per acre, shake styled roofs, and .the square footage of all of the proposed homes was represented and there were none below 1,400 square feet. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available to it and will have to be installed and connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That Section 11-9-607 G. 8. provides that alI planned development shall be subject to design review by the City staff and Council; that it is recommended that design review be a requirement and Applicant required to comply with it. 8. That if the conditional use permit is granted for the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 THE LAKE AT CHERRY LANE NO. 5 • planned unit development applied for, all ordinances of the City of Meridian must be met, including but not limited to, the Zoning Ordinance and the Subdivision and Development Ordinance, both as modified by Section 11-9-607 of the Subdivision and Development Ordinance, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing .Code, Uniform Electrical .Code, the Fire and Life Safety Code, and all parking and landscaping requirements. 9. That it is concluded that the Applicant should be required to meet, and comply with, the requirements of Bruce Freckleton, Assistant to the City Engineer, Shari Stiles, City Planning and Zoning Administrator. 10. That on the first page of tab number 1, the Booklet states that the size of the homes would be a minimum of 1,301 square feet, however the square footage of the homes was represented during the public hearing and submitted on a plat-like drawing; that all of the square footages on the drawing exceeded 1, 400 square feet; that since the square footages of the homes were represented as being in excess of 1,400 square feet and since they were stated at the public hearing, which was more recent than the time that the Booklet was filed with the City, that it is concluded that all of the homes constructed in the subdivision will exceed 1,400 square feet. 11. That at the public hearing Mr. Bradbury stated that most of the streets would be private with 40 feet of private road right- of-way; that he also stated that Applicant desired less setback FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 19 THE LAKE AT CHERRY LANE N0. 5 . ~ • than was required by the Ordinances; that Shari Stiles stated that the Applicant desired to reduce the minimum lot sizes, frontages, minimum roadway widths with private drives, parking areas closer than 4' from road right-of-way, depths of the homes less than Ordinance requires, provision of less than 5' sidewalks on each side of the roadway, and smaller front and side yard setbacks; that it is concluded that since this application is a planned unit development and that under 11-9-607 E the City has the ability to grant requests for changes from the Ordinances of the City without requiring a variance; that with regard to the changes pointed out by the Applicant or Shari Stiles, it is concluded, as follows: 1. That the roads shall be public and meet ACRD requirements. 2. That all setbacks shall remain the same, except that the front setback may be 15 feet. 3. That the minimum lot sizes shall not be changed, as it appears that the requirements on the lots have been met. 4. That the frontages shall be changed and shall be as set forth by the Applicant on its preliminary plat and in the Booklet. 5. That the parking areas may be closer than 4' from road right-of-way and the depths of the lots may be less than required, as allowed by having only a 15 foot front setback. 6. That there may be 5' sidewalks only on one side of the roadway, but Applicant shall have sidewalks as shown in the Booklet. 12. It is further concluded that if the City Council approves of this Planned Unit Development without amended Findings of Fact and Conclusions of Law and adopts these Findings of Fact and Conclusions of Law, that all requirements stated herein shall be mandatory; it is further concluded that all structures shall be subject to design review by the City Council and staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 20 THE LAKE AT CHERRY LANE N0. 5 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER SHEARER COMMISSIONER OSLUND COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOI~IIKENDATION ti / VOTED VOTED VOTED VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends that this Application be approved under the conditions stated above in these Findings of Fact and Conclusions of Law; that any ultimate approval should be subject to all City Ordinances, specifically including design review and plat approval under the procedures of the Subdivision and Development Ordinance. MOTION: APPROVED: A,~_ DISAPPROVED: Y~" FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 21 THE LAKE AT CHERRY LANE N0. 5