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Lake at Cherry Lane, The PPOFFICIALS 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 PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chalnnan Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: November 5, 1996 TRANSMITTAL DATE: 10/17/96 HEARING DATE: 11/12/96 REQUEST: Preliminary Plat for The Lake at Cherry Lane No 7 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road, East of The Lake at Cherrv Lane No. 5 JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, 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 & 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 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMRRKS: d ~•1f~~3i ~f ~ ~ ~#~ u, f~j#~~~~~~ ~ ~ ~~a ~ ~~~ o~ J ~ j l (04 t' ~~ I ®~~~ I ii " a ~ II ' IIII I ~~~ i t i i i z~ L J ~ ~ 1 ~ ~ e ~~ ~ ~~ ~ ~ ~ ~ ~~~ ~ ~I ~~~ ~~g ,~.~ ~~ ~~~~ d~~ ~ ~~ • • • nEWUEST r~JR SUBDIVISION APFROVAL PRELIMINARY PLAT AND~UR FINAL PLAT PLANNING A1~D ZONING COMMISSION TIME TABLE ~uR ~UBMISSIV`!: A request for pre! -mina'r~ C1e._.ks Gyy c y plat approval roust be in tt,e City p e~sicr, no later than three days following the reciular meeting o= the Planning and Zoning Commission. The Planning ar,d Eoriing Commission will hear the request at tt,e mor,±hly meeunci following the month the request wa_ made. Alter a proposal enters the process it may be acted upon a± sub~equer,t mor,thiy meetings provided tt,e necessary procedures and documentation are •received beior•e 5:~~n P. M., Thursday following the Planning ar,d Zoning Commission acti or,. GENERAL INFGRMATIGN 1. Name of Anne:•ration and Subdivision. The Lake at Cherry Lane No, 7 2. General Location, Resubdivision of Lot 31 Block 6 The Lake t Cherry Lane No. 5 3. Owners of record, William E. and Viola M. Teter Address, 2201 N. Allumbaugh St. ZiP83704Telephone(208) 376-8465 Boise, Idaho `1- Applicant, Steiner Development Address, P, O. Box 190472 Boi e, ~. Engineer, Keith L. Jacobs Jr. Idaho 83719 Firm Pacific Land Surveyors, a Address division of Power Engineers, Inc. 290 N. Maple Grove Rd .Zip83704 Telephone (208) 78-685 boise, Idaho 83704 6. Name and address to receive City billings: Name Steiner Dev Doua Campbell Address P. O. Box 19047 Telephone_(2pg) 8 0-.774 PRELIMINARY PLAT CHECKLISTBolSubd iai ion3Features " 1. Acres 6.67 2. Number o2 lots 60 Residential Lots 3. Lots per acre g,p ~. Density per acre .]1 S. ~oriing Classiiicationcs) R-15 • . • G. If the proposed subdivision ~.s outside the Meridian, City 1.•1m1LS but within the jurisdictional mile, what is the e:~cisting ~ona.ng classizication N/A %. Uoes the plat border a potential green belt No ~s. Have recreational easements been provided for Yes, Lot 56 9. Are there proposed recreational amenities to the City No Escplain Lot 56 is a recreation lot and draina e ond. 1f0. Are there proposed dedications of common areas? No E:tplain For future parks? Nn Explain il. Wr,at school(s) service the area Meridian schools , do you propose any agreements for future school sites No Escplain 12. Other proposed amenities to the City No Water Supply No Fire Department No other Explain l:s. Type oz Building (Residential, Commercial, Industrial ur combinations Residential 1~l. Type of Dwelling (s ) Single Family. Duplexes, Multiple:~ces, otner_Single Family 15. Proposed Development features: a. Minimum square footage of lot (s) , 2 , 772 b. Mina.mum square footage of structure (s ) 1 . 1 00 c. Are garages pro vides for, Yes square footage 440 d. Are other cover ings provided for No e. Landscaping has been provided for Yep Describe Entrance island and on Lot 56 - recreation lot. (2) f. Trees will be provided 2o•r p ~ Trees will be maintainedProperty owners g. Sprinkler systems are provided for Yes h. Are there multiple units No Type remarks i. Are 'here special set back requirements Yes, 18 ft. front Explain 18 ft. front and 10 ft s reet side setbacks, 4 ft. sidewalk on one side of street; and private street. • j. Has oYf street parking been provided fortes , E:;plain _LQt~ 96. 95 and 85 k. Value range of .property 1. Type of f financing f or development m. Protective cavenants were submitted No .Late 1G. Uaes the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIAIICE: 1. StreeT_s. CU:f'bs, gutters and sidewalks are to be canstr•ucted to standards as required by Ada County Highway District and Meridian Clydinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ~. P•roposed use is in canfar~tnance wilt, the City a2 Meridian Camprei,ensive Plan. 3. ~. J. b. Uevelapment will canrlect to City services. Uevelapmer-t will camply with City Ur•dinar-ces. Preliminary Plat will include all appropriate easements. Street names must not co•r-Yiict witri Gity grid system. i3) i ~ '~-"~4 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose ~~* this meeting is to discuss early and informally the purpose and es*ect of this Ordinance and the criteria and standards contained herein, and to familiarise the developer With the Comprehensive Plan, Zoning Ordinance, 5ubdivi~ion Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Cummisi~n or Council prior to submitting an application. '3-h04 G PRELIMINARY PLAT 1- Apniication - The applicant shall file with the Admir~ist-rator a complete subdivision application form and preliminary plat data as required in this Grdinance, nut less than thirty (3Q1) days prior to the Commission's public hearing. The Commission will not scr,edule any hearing or workshops or put. the applicatior, or, the agenda unless the above conditions nave been met. 2. Public Hearing to be Neld Prior to Subdivision Plat Aonroval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpase of allowing public input on the proposed subdivision. :3. Combining Preliminary and Final Plats - The applicant may request that the subdivision application be processed as both a preliminary and final plat if all of t~,e following exists a. The proposed subdivision does not exceed four (4) lots; b. No new street dedication or street widening is involved; c. No major special develapment considerations are involved. such as development in a flood plain, hillside development or the like; and d. All required inf ormation for bath preliminary and" final plat is complete and in an acceptable form. A -request to combine both preliminary plat and final plat into one application shall be acted upor, by the Commission, upon •recammendatior, by the Administrator. (4) 4. The Aoolicant - a. The applicant shall submit all -requirred copes of p1aLS, maps, application form. canceptual engineering forms; and arly other appropriate supplementary ir,ior•mation required Dy the Adrnir,istrator, Carnrnis~ian, or Council. See 9- ~~o4C5. 5. Content of Preliminary Plat - The contents of the pre!iminar•y plat and related ir,format~on shall be in sucr, farm as stipulated b}' t?,e Commission; however, additional maps ar,d suppor•ti•r,g data deemed necessary by the Administrator or tree ~~ommisslori or Council may also be r•eyui•red. The subdivider shall submi± to the Adrninis~•rator at least the following: a. Thirty (;;1@) copies of the prelimir,a-ry plat of the Pr•opase_~ subdivision, drawr, in accardance with the reyuir•ernents hereinafter stated; each copy of the prelirnir,ary plat stall be on gaol quality paper, hall have dimensions of r,ot less thar, twenty-Your (?4) iner,es by thirty si:•c t 36) incr,e~, shall be drawn to a scale suitable to insure clarity of 311 lines, dimensions ar,d other data, sr,all sr,~w the drafting date, and stall indicate +_r,ereon, by arrow, tr,e general na-rtt,erly direction; b. Tr,irty (:JG3) copies of a one (1) inch equals ±r,ree hur,dr ed (~@@) feet scale map on &-1 /?"•til l " paper ir:dicating trierear~ all adjacent development ar,d/or~ 1 ats of •r•ecord witriin three hundred (3@@) feet ai arty baundary of tree prapased develapment, and the layout of the proposed development in bald outline; c. Triirty (~@) copies of the campleted and e:wecutcd subdivisian aPPlicatian farm; d. Fau•r (~}) sets of conceptual erigirieering plans (not meant to be detailed designs) far streets, water, sewe'='s. sidewalks ar,d other required put,lic improvements. Such engineering plans shall cantaa.n sufficient informatian and de±ail to enable the Administrator to make a determinatior, as T_a car,f~.,rmance of tr,e proposed improvements to applicable •regulatians, ordinances and standards. e. App•raPriate supplementary information that sufficiently details tr,e proposed development wittiin any special development area. such as riillslde, p~atined unit development, floodplain, '=emetery, monde r,orne, large-scale develapment, riacardous ar,d unique areas of develapment. c5) • 6. Renuirement of Prelimir,ary Plat - The following shall be spawn on the preliminary plat or shall be submitted separately: a• Tree Warne of the praposed subdivision ar,d general location; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat; c. Dame ar,d address of the party to -receive Cit}• billings and/or correspondence; d. Tr,e legal description of the subdivision; e• A statement of the intended use of the praposed subdivision. such as: residential single-family, two (2) family and multiple housing, commercial, industrial, recreational or multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for- parks, playgrounds, schools, churches or other ;.public uses; f. A map of the entire area scheduled f or development ii the praposed subdivision is a portion of a larger haldirig ir,terided for subsequent development; g. A vicinity map snowing the relationship of the proposed plat to the surrounding area .(one-half t1~?) mile minimum radius, scale optional>; }~- The land use ar,d e:{istir,g zone of tree proposed subdivision and the adjacent land; i. Streets, street names, -right of way and roadway widths. including adjoining streets ar roadways; j. Lot lines and blocks showing scaled dimensions and numt,ers of each ; k. Contour lines, shown at five (5) foot intervals where land slope is greater than ten percent (10%i and at two (2) foot intervals where land slip is ter, percent ( 10%) or less, referenced to ar, establisried bencrimar•k, including location and elevation; 1. A site -report as -required by the appropriate health district wr,er•e individual wells or• septic tanks are proposed; (6) i • m. Any r77''a~ICrsed ar e:•cistlr,y util:~ties, ir:cluding, but nat limited ta, et arm ar,d sanitary sewer, 1I'r'ig@tic,n laterals, ditct,es, drainages, bra d_.es, culverts. Water mains, Iireriydrants, and their e~pe~tive prafiles; r'' " copy of ariY proposed restrictive covenants ar,d.`a:~ deed r~estrictiar~s; °• Ar,y dedica±ions to the public and/ar' essernen•~s, uyethe: with a statement ai locat_an, dirner,sian~ and purpa~es 02 such; P• Any additiar,al required infarmatior, for special de'-'eiopme:,t as specified in t~iis Clydinar~ce; . y• A staterner,'t as to wriether ~-r riat a variance will be requested with respect to ar,y provision o= this +~rdir,ance describing tie particular provision, the variance requested, and the reason therefor; 1'• A statement of develapmer,t features. y• Fa•E• - At the time of submission of an applicatian fo•r a preliminary plat, the applicant shall y applicai,le lee as approved t,y t.,e Cuur,cil c p3 the ~ Lets = 5300.00 Jeer 4 Lots = 5:00. 00 + 510. v~0 per lot. In addition to above fees applicant sha11 pay cast ~~f cer•tiii ed mailings at rate of S1. ~~ per notice. Final Flats = 510.00 pe-r lot ~• Administrator keview - a. Ce:~uiicatiar, - Upon receipt ai tine preliminary plat and all atherrequired data as provided Yar her'eir,, the Admir,istratar' sY,all affix; tr,e data of applicatian acceptance thereon. Tt,e Administrator snail, tr,ereafter, place the prey miriary plat. on the agenda far cansideratian at the neat regular meeting of the Commission if there is sufficient time prior to the date of cer•tificatior, far the C:ornrni s1Gr, t0 Cari8ldel 3rid review the application, and to give proper r,atice of a public hearing as r'equir'ed in 9-6~i7~ C. &b. -~. ~latice will be published ir, the City's newspaper crf record at the e:;per,se of the •request~ng party at least one (I) edition, fifte:r, (1~) days ;ar'i or. to the hearing of t;,e Flar,n~ng ar,d moaning Commission me*_ir,g, which: notice si,all al_o give a surnrnary of tr:e request and tr,e ic.~cation. ., ) 9. • c• FseviGw by Otter Agencies - The Administrator shall refer the prelimir,ar•y plat and application to as marry agencies as deemed necessary. Suct, agencies :nay include the fallowing: ~• Otherr governing bodies havin jurisdiction; 9 joint ,• Tt,e appropriate utility companies, ir:^igatior, companies or districts and drainage districts; ~• Tt,e Superintendent of tt,e School District; and s• Other agencies having an interest ir, the pr•apased subdivision. Commieion Action - a- HEa-r~zng by Commission - Following the receipt of application and after notice, the Commission stall conduct a public hearing, at which time they shah review the preliminary plat and receive comments from concerned persons and agencies to arrive at a decisiari on the preliminary plat. b• Cammissiar,'s Finding. - In deter•mir,ing the acceptance of a proposed subdivision, the Cammissior~ stiall consider the objectives of tt,i~ J•rdir,ar~ce and at least the following: ~ • The cor,farmance of the subdivision with the Carnpr•ehensive Development Plan; ~• The availability of public services to accommodate the praposed development; ~. Tt,e continuity of the proposed develaprnent Witt, tt,e capital improvement program; ~• Ttie public financial capability of supporting services for the proposed development; and ~• Tt,E otter health. safety or enviror,rnental prot~lems that may be brought to the Commissian's attention. (8) • • --• Act_ari an Prelirair,ary Plat - The CGTIIri11°s1of1 ma}~ approve, approve cor,dit~ar,ally, deny or• table the preliminary plat• fur additiGnal information. ApF,roved G-r car,ditianally app-rGVed prelimi.~ar slats are far•war•ded to tr,e CGUncil. If t:,e pl=_t: is denied. it is riot forwarded to the Council. If the plar, is tabled, it may be reconsidered by t:,e CGfirn1ss10t, wither, flirty-flue (~}~,i days of the public nearing. The Adrninistrata-r shall r,ot__•:` the applicant of the CGrnmissian's actiar, within ten t 1Ct) days. ='• Action or, Combined Pr'eiirninary am Final Pla± - -f the Cammissior~'s canclus_Gn is favorable tG -the subdivider's request fur' the subdivision to be considered as bath a r,relirni.nary plat ar,d fir,a' subdivisic,n- there a recGrnrnendation shall be fGr•war•ded tG tree Cauncil ~n the carne manne_- as r,ereir, specified far a final plat. The Commissiar. rna}' recommend that the combined applicat.an be approved, approved conditionally or disappra~•ed. 11. Aor,esls - Any pe_-mar, or aggrieved person or wr_ting before the SuLidlvider may appeal in wr•it~r,~ Cornmissior, relative to tree final Commission. Suer, appeal mus± Council within f_fteen t15) days actlart. party writ appeared In l.GrnrrllS.~Gn Gr ty,e ~ tree decision a•*' t;;e action ta::en by t)-,. t,e submitted to t;,e Pram suer, C~rnm~s~=or: '-'. A re_ard of the pu~lic hear•ir,g, findings made and action takers shall be made and maintained. °•-SQ-~ , AL'MIl`lIETRt,TIVE PE'OCESSING OF THE PF:ELIIII.IAFi' liE'IELOPMENT PLAN FOP. THE COUTICIL AJdU 110TIFIC.~TIOi1 PkC!CEUURE Upon receipt of the Cammiss~an's act~an concerr,inc! t.,@ Preliminary Uevelaprnent Plan or thereceipt of an appeal of suer: action by ;rie applicant o•r ot:-,er acgrieved pa-r•ty, the Admir:istratar shall respcr,d as (allows: l• _=et tree public hearing date ear the F'relimina•r•: UE"~E'1Ctpmer,t L`lart ~ 3r,d - -'• :~'e~,•iew pubic riearir,g comments by conce_~ned persons, public agencies or City dcpa-r;merits. --SCt~ _ CGUhCIL HEARI?dE, 1`lEGOTIATIO:IS, :,1d1J yCTI01`1 1. Friar ±o .a};i;,g action ~oncarnirig the ?relirnir,ary U=~'eiGpmerit r_an, ±r,e ~~ur,cii :,:,ail cc,r,cuc. a. least Gr,e i 1) pubic r,carir,g i:, which zr,tere~=c persons ar,ali ,ave an c,p}1ar turit} ~o be heard. - t9} • 2. No final subdivision plat shall be approved until one (i) public hearing before the Council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to the City Council. Notice of the public hearing shall be given by mailing, by certified mail, notice of the hearing to all property owners within three hundred (300) feet of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one (i) time f i f teen ( 15 ) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity map of the area, which map shall show the proposed subdivision and the property within three hundred (300) feet. 3. During the hearing, the Administrator shall report on the status of the application. 4. In considering the proposed development, the Council shall consider the requirements of this Ordinance and at least, but not limited to, the following; a. The conformance of the proposed development with the Comprehensive Plan; b. The availability of urban services to accommodate the proposed development; c. The continuity of the proposed development within the City's capital improvement program; d. The public financial capability of supporting services for the proposed development; and e. Health, safety, or environmental problems that may be brought to the Commission s attention. (10) L~ ~. p:. . for to Cuur,cil 3CtiGI1, tha COUi7C' ? , Administrator, applicant, and interested pels~n~ :nay r,ego-t~atr ite*ns of tr1E Plelirni:nary Development Plan ~+r,ic., are of mutual interest. .n order that ±}ie izegat=a-tions be an open ~,•rocess ar,d the :^ights of all pal';ies and persons shall be protec±ed i ap~,licart, Council, Adrnir~istrato•r, and the general pubiici, the fallowing gu_dElinES shall be oLlsa:^~: ~'d a- Tr-= r,egotiaLiar,s shall r,ot occur in priva~__ ar ci used meetings ; =~• ~~legatiat_or,s shall take place iri Gpe : . ar:d iniarmal meetings; -. '+1:,21 F ther~• is a quid un ai the Council i n atter:dar,ce, appropriate records shall :,e ;.ep o= the r,egatiatir,g sessi_~ri JS ses=~o::s namely minutes ariich sr,all be submittEd w_*_ tree proposed develapmer,t; •d. Trie negotiation process sr,all br sepa_ atE f_ a*n the dec~,sion :na~,ir,g p:^ocess o~ ~ha Council. ~'. Re~ul-±s o= the nEgot=ations shall be a l•e•camrnendatiori to tree Caur,cil aril be available for public sc utir,y; f. The negotiation process ~riall be desigr,2d and ca~'~'ied aut iri a manner wh~cri assures the ger:eral public trial decisions have nat be.r :nadE in advance oY trie irlt:+ut and scrutiny by tr,e general public; g. The general public shall be informed of ar,y :nega•tiatiar: treat has occur'r'ed in a newspaper' article in t:,e oYfic~al r,ew~;aaper or' paper of genE=^al circulation witriin tree City of ~eridiar, fiiteer, t 1~ i days prio:^ to Council act_cn. `~• Tr,E ~c~uncil sr,a11 approve, approve with car,dit ons. deny, Gl' table tree P•relirairai-y ieveloprnent Blar,. If the ' Freliminar•y Development _a•ri is tabled. it may be :^ecansidered by the C:GUncil w~ trim i Ct:'•t~' live 1 i ~C) d^:te a of the pLb•1C :,ear_ng. Tree Admir:is tr ator shall noti~y the applicant of the Cauncii's actio•r: within ten ~I[tt) days of ±rie Cou:~:~cil'_ actio;.. T• A rE~cold aY the }ieatir,g, f; r,di :gs mad=, .r:d ac. _- :.~r: to}~cr, sr.al? bc~ ~nair,tai red. :11: • '3-ci34 AFPRL-OVAL PERIL7D '-- Council approval of the Preliminary Development flan shall become null and void if the applicant fails to submit tree Fir,al Development Plan witriir, ~f1e t 1) year of Council approval of trite ?re'_irni•r,ary Development Plan. -• Upon, written request to tree Council and filed by =t,e applicant prior to the termination of tr,e said ='f1e tl) year period as stated in Section 9-0©~ F.1 c!f this 0rrdinance, the Council may autriori~e a ir,gle e:ttension of the approval of the r•elirnir,ary Development Plan for a period no.t e:•cceed one t 1) year from the end of the said or,E (1) Year period. ~• Ire tr,e event treat tree development of tr,E pr.='iminar•y plat is made in successive contiguous ~egmer,ts in an orderly ar,d reasonable manner, anc conforms substantially to the approved prelirnir,ary plat, such segments, if submitted wither, successive intervals of one (1) year. may be cor,si.dered for final approval without r esubmissior, for• preliminary plat approval. g-c«14 G ::F°F'EAL l7F CCIUNCIL AGTION ippeals of the action of the Council conce_~ning the adrnir,istr~atior, of tries Ordinance may be taken by any aggr=eyed person. Within sixty (60) days of the Council action (and after all remedies have beer, a:•:haustad under this Ordinance), an aggrieved person, may' seek JUDICIAL REVIEW of the Council's action under provision p_~ovided by Sections 67-5115 t b) tt,rougt, ! g ;~ ar~d E7-521 E. Idaho Code. °-~~~'~ '.'. FI}~AL PLAT 1. A~or,lication - After the approval or conditiorsal anpraval of the preliminary plat, the subdivider may .=ause tr,e total parcel, or any part thereof, to be surveyed and a final plat prepared in 3000:^cjance with tree approved preliminary plat. Tree subdivider shall submit to the Adrnini~trator the following: a• Thirty t~0) folded copies of the final plat; .1?) C~ • b. ~ our t s) copies of t,`,e ~:.nal er,gineeri:,g cor,~t:^u~~ic;, ~ drawings =~r metre=tom, wat=r, sewers, sidewal~:s acid otrier psbl_~ iriprovemen'ts; and ~. Ter, (ld) prints ai t2;e fira? plat at a ~c.sle of one i 1) ir,c:, e~uais ti,rEe tiundred ~~~~~i; feet. ~. _,on .ent ~ of F' r, c f plat ~' ~ al lat. - The final °tiall 1r:clude and be . in compliance with all itetn_ r =~uired unde:^ Title `C3, Chac _er 1'? of the Idaho Code• The final plat subrni=tat shall includ_ at east: - a. A w-ritteri application fiat approval of -•u _:: Yir:al plat as ~tipuiated by the Commission; b• Dr oof of cu-r~:~ent ownership of t;,e teal property included i':, the proposed fin31 pla and conaer,t ofrecorded owners of tl'ie plat; -. eruct, otrieY ir~formatio:~ as t!'ie Admlr,istrator or Commission may de_rn necessary to establ~ si: wt,et:,e-r or not ail proper parties have s:~gned andrur approved said Final plat; d. A state merit of con_ orr~ance with the apps o ~ -d preliminary plat a:,d meeting all -= egtfire:ne;,ts or ccndi'*_ions the-reaf ; _ • A s ~atement of conf ormar~ce with all requirements acid pr~ovisior,s of ttil Grdinar:ce; and i. A state*nent of c~,r,formance wi±ti acceptable engineering, architectural acid surveyint; prat _~ces ar,d lacai standards. 3- Fee - At the time of submission cf an appl_catior. for a final plat, ttie appl=cant shall pay tiie applicable fae wriic2-i has beer: approved bj the Council to cover the cost of processing. 4. Administrator :4eview - a. Accep~a•rce - Upon receipt of the final plat, . and =omE,liar:ce with all other requirements 3s provided fo-r herein, tree Administrator s::all certify the application as complete and °3:ai1 aifi:: the date of acce;:tar,ce t`,ereor,. :~~? • b. Resubmittal of Final Plat - The Administrator shal 1 review the f final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not yet been met, the Administrator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, including a public hearing and notice thereof. c. submission to the Council - Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Administrator shall place the final plat on the Council agenda within forty-five (45) days from the date that an acceptable final plat application was received and acknowledged by the Administrator. 5. Agency Review - The Administrator may transmit one (1) copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. 6. Council Action - Within forty-five (45) days following receipt of the application, the Council shall consider the requirements of the preliminary plat and comments from concerned persons and agencies to arrive at a decision on the final plat. The Council shall approve, approve conditionally, disapprove, or table the final plat. If the final plat is tabled, it may be reconsidered by the Council within forty five (45) days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. 7. The Administrator shall notify the applicant of the Councils action within ten (10) days of such action. (14) • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 September 13, 1996 Planning & Zoning Commissioners City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642. Subject: The Lake at Cherry Lane No. 7 Subdivision Preliminary Plat Dear Sirs: This development will require special consideration to incorporate a 40-foot wide private street; 4-foot wide sidewalk along. one, side of the private street; 18-foot front yard setback; and 10-foot street side. setback. This development will be constructed in accordance with the standards as required by the Ada County Highway District except as noted above. The proposed use. is in conformance with the City of Meridian's Comprehensive Plan. The development will be connected to City of Meridian's sewer .and water. All lots will have pressurized irrigation water supplied by the combined system -for Englewood, Fireside and. The Lake at Cherry Lane subdivisions 3 through 6. .The development complies with the City's ordinances except as noted above. The Preliminary Plat includes all appropriate easements. Street names will be in accordance with the City's grid system. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER 'neers, Inc. Keith L. Jacobs, Jr., P. E. PI ~BOI 5&665 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 549024 DATE: July 31, 1996 REVISED: September 13, 1996 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO. 7 A RESUBDIVISION OF LOT 31, BLOCK 6, THE LAKE AT CHERRY LANE NO. 5 BEING A PORTION OF SECTION 3 T. 3 N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A pazcel of land being a portion of the Southeast Quarter of the Northeast Quarter, Section 3, T. 3 N., R 1 W., B.M., Meridian, Ada County; Idaho and more particulazly described as follows: thence along the Easterly boundary of said Southeast Quarter of the Northeast Quarter, Section 3, North 00°24'34" East 1325.91 feet to a found 5/8" iron pin marking the Northeast comer of the said Southeast Quarter of the Northeast Quarter, Section 3; thence leaving said Easterly boundary and along the Northerly boundary of said Southeast Quarter of the the Northeast Quarter, Section 3, North 89°02'00" West 65.00 feet to an iron pin; - thence South 00°24'34" West 20.00 feet to ari iron pin, said iron pin marking the REAL POINT OF BEGINNING; thence continuing South 00°24'34" West 548.61 feet to an iron pin marking a point of non-tangent curve; thence along a curve to the left 27.82 feet, said curve having a central angle of 53°0730", a radius of 30.00 feet, tangents of 15.00 feet, and along chord of 26.83 feet bearing South 42°26'16" West to an iron pin marking a point of non-tangent curve; thence along a curve to the left 56.44 feet, said curve. having a central angle of 80°50'40", a radius of 40.00 feet, tangents of 34.07 feet; and a long chord of 51.87 feet bearing South 49°55'03" West to an iron .pin marking a point of non-tangent curve; thence along a curve to the left 43.23 feet, said curve having a central angle of 61°55'29", a radius of 40.00 feet, tangents of 24.00 feet, and a long chord of 41.16 feet bearing South 70°03'14" West to an iron Pin; thence North 89°35'26" West 127.00 feet to an iron pin 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 North 44°35'26" West to an iron Pin; thence South 88°41'19" West 80.04 feet to an iron pin marking a.point of non-tangent curve; thence along a curve to the right 30.07 feet, said curve having a central angle of 86°08'27", a radius of 20.00 feet, tangents of 18.70 feet, and a long chord of 27.32 feet bearing South 43°28'48" West to an iron pin marking a point of reverse curve; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation thence along a curve to the left 134.88 feet, said curve having a central angle of 7°25'51", a radius of 1040.00 feet, tangents of 67.54 feet, and a long chord of 134.79 feet bearing South 82°50'06" West to an iron pin; thence North 00°26'04" East 641.29 feet to an iron pin; thence South 89°02'00" East 475.01 feet to the point of beginning, comprising 6.67 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 ~+`-` "~1 7 2 i ~pr~ oF'° p~ g`N T. ~'~ CWE/jte John T. (Tom) Eddy (P.L.S.) NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 12, 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, Section 3, T.3N., R.1 W., B.M., Ada County, Idaho, and which property is generally located 1/4 mile S. of Ustick Road W. of Ten Mile Road. The application requests a Preliminary Plat for 60 single-family residential lots and a one -lot recreation center in an R-15 zone. 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 16th day of October, 1996. WILLIAM G. BERG, JR., CI CL RK • 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 January 7, 1997, 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, Section 3, T.3N., R.1 W., B.M., Ada County, Idaho, and which property is generally located 114 mite S. of Ustick Road W. of Ten Mile Road. The application request a Preliminary Plat for 60 single-family residential lots and aone -lot recreation center in an R-15 zone. 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 18th day of December, 1996. c~~ WILLIAM G. BERG, JR., CLERK • MERIDIAN GITY COUNCIL MEETING: February 4.1997 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 2 & 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 WITH 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 ,~ . „~P ~ry~~~ 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: a~,~~ur ~eJ B (~a. ~,t ~~"4~' i~~; ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C ~' 11VC SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary January 17, 1997 TO: William and Viola Teter 2201 North Allumbaugh Street Boise ID 83704 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: Preliminary Plat-The Lake at Cherry Lane #7/MCU-30-96 MPP-18-96 On January 15, 1997, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, to>ether with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • i January 17, 1997 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority toeether with payment of fee chazged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one yeaz will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Steiner Development PLS/K Jacobs • . ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report The Lake at Cherry Lane # 7/MCU-30-96 Ten Mile Road s/o Ustick Road The Lake at Cherry Lane is a 60-lot residential subdivision on 6.67-acres. The applicant is also requesting conditional use approval for this subdivision. This is a re-subdivision of Lot 31, Block 6, of the Lake at Cherry Lane # 5. The site is located on the west side of Ten Mile Road, approximately 1/4 mile south of Ustick Road. This development is estimated to generate 480 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ten Mile Road ACHD Commission Date -January 15, 1997 - 12:00 p.m. ~' r i ++' I ..}' ~ti ... I~ .. .~ a~. w`r 4 S~ C 1 ~~ 7 •~.A 1 3 , ~ ~ --- N ~ ~ ~ r w A r• "+~~~~~~~~~~w r~~1~r~~~~~~~ ~ ~ a-yo~ awl W iv3..L .. ~ •• _: ~ - .~ ~ ~ 3 a D ~ ,'1 ~~~ ~ ~ ~ ~>:~ ~ ~ W ~ ~ ~ ~,. ~ ~ m ~ 4 z s' ca- •N s~ 1 1 s ~- _ _ ` ~• c~ Q °` oL _' ~ 9' W ~.. ~ _ Q V D ~.l[. ~ W ~ - •• ~ ~ ~ ~•' ~ ,~ 1 1 ~ '~ ~ i I ~ - ,~ '~ ~ ' i V ~+~~ .. .~ c~ ~ {rm ~~1~38 ^~~^1. ~ ~ • ~ • ~ ~ ~ ~ a n ~ ~ '~ ~M .,, . _ • ~ ~ :, ~o- v •, Q • Of ~ ~ fir; ~ ~ , '~~ .G ~ "~ Z ~ • • I ~ /''~ q~~ / Y . ~ V , • ,~ g,, ,-~j z ~ h ,~ a~ t r ~ i o • .r • ~ ` ~ ~~ ! w 1 ~ t ~ C c I~ ~ I r j~~ !;! ~ i !~ n °~ ~l~l I ~ ! ~ ~ ! ~2 II~;~I~ ~~ 3 I I I I! I i III az ~~, ~~~ II I ~~~~ ~ i... i ~ I z~ ~. ~ S 0~ R11 wl 'N ~ „~ ~ ~ ~ ~_ ~I~ , .,: e ~ ~; i~ ' t } ~ ~ ~~ 1 .. '.aofs--.~1 1 ' ---~. f ; } ~~ ~i ~~ I~ ~ 1 ~i I ,; ~~~~ I J ~ ,'' ~. ,r ~ ~ ~~ ' ~ ~~ f ~ ~~ ~~ ~ -~ : ~ ~ f ~,~ ~ .. ~ 1 ~. ~~ R - ~ ~~ ~« t- n:a - - - ! - $~ ~.~..~ 1~t ~ ~~. ~! ~ i~ ,~ ~~l ~ ~ ti~~ ~, ~ ~ ~~. ~~~ ~ ~ i~, ~t ~ i~~ ~~ _~~ ~ asst ~, . ~i:. i~ti I .~, ... . -- ~, . ~. ~. r ., ~~ I ~i:.r ,~ ._,~., . =t ,, i i ``~ ~ •~-r''- :,~_ ~~ ~~ w z o~ w .~ i Facts and Findings: A. General Information Owner -William E. and Viola M. Teter Applicant -Steiner Development R-15 -Existing zoning 6.67 -Acres 60 -Proposed building lots n/a -Square feet of proposed building 0 -Square feet of existing building 0 -Total lineal feet of proposed public streets 260 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Ten Mile Road Minor arterial with bike lane designation Traffic count 4,029 on 4/23/96 550-feet of frontage 70-feet existing right-of--way (25-feet west of section line) 90-feet required right-of--way (45-feet from centerline) Ten Mile Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. This section is scheduled for design for reconstruction in the ACHD Five Year Work Plan for FY 2000. In accordance with District policy, staff recommends that the applicant construct a 5- foot wide concrete sidewalk on Ten Mile Road abutting the parcel (approximately 440-feet) B. The site is currently undeveloped. C. The Lake at Cherry Lane #5 was originally approved on July 19, 1995. The current application is a re-subdivision of Lot 31, Block 6, of The Lake at Cherry Lane # 5. At the time of the original approval, the west half of the subdivision was to be subdivided into 76- lots for single family dwellings. The east half (now the Lake at Cherry Lane # 7) was to be subdivided into 2-lots for approximately 107-multi-family units. The two multi-family lots were to be reviewed by the District upon future application for a conditional use for the multi-family lots. The current application is for one of the eastern lots (Lot 31, Block 6). Staff previously required: The developers of the Englewood Creek Subdivision (adjacent on the north) and the Lake at Cherry Lane Subdivision were required to design an extension of N. Englewood Way (previously Ginseng Street) to connect to Ten Mile Road at the LAKEAT7.COM Page 2 • northeast comer of the Lake at Cherry Lane Subdivision (the portion of The Lake at Cherry Lane # 7). • Staff recommended that the applicant provide to the District a copy of an agreement, between the developers of the Englewood Creek Subdivision and the Lake at Cherry Lane subdivision, stating the conditions of right-of--way dedication and construction of N. Englewood Way. An agreement was to be reviewed and approved by Development Services Staff prior to ACRD approval of the fmal plat. • Staff had also requested that the applicant demonstrate to the District that this project is dedicating sufficient right-of--way to construct a standard residential street to be used by the Englewood Creek project connecting to Ten Mile Road. • The developers of the Englewood Creek Subdivision to the north were required to construct N. Englewood Way to a fu1137-foot street section with curb, gutter and 4- foot sidewalk from the Englewood Creek Subdivision, through the Lake at Cherry Lane Subdivision to Ten Mile Road. That applicant will be responsible for the construction costs of curb, gutter, 4-foot sidewalk and one half of a 37-foot street section on the north side of the street plus 12-feet of additional pavement on N. Englewood Way from the Englewood Creek Subdivision, through the Lake at Cherry Lane Subdivision to Ten Mile Road. • Staff had required that the developers of the Lake at Cherry Lane Subdivision # 5 to provide a deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of curb, gutter, 4-foot sidewalk and 4.5-feet of pavement on N. Englewood Way prior to ACRD approval of the final plat. Upon receipt of the Trust funds, and after completion of construction of N. Englewood Way by the Englewood Creek Developers, staff recommended that the developer of the Englewood Creek Subdivision be paid the amount deposited into the Trust funds for the improvements required of the Lake at Cherry Lane Subdivision. • Since the time of the original approval, staff agreed to allow the developers to eliminate the requirement to design an extension of N. Englewood Way (previously Ginseng Street) to connect to Ten Mile Road through the northeast corner of the Lake at Cherry Lane Subdivision (The Lake at Cherry Lane # 7). The owners of Englewood Creek Subdivision decided not to purchase a portion of the Lake at Cherry Lane # 5 to secure a portion of land to be used to construct the road in the future. Staff agreed that there would be sufficient street connections, between Firelight-Englewood Creek and the Lake at Cherry Lane # 5 and to the public roads of Ustick Road and Ten Mile Road, that would warrant this requirement ineffectual. D. The current application should be required to comply with the conditions set forth in the Lake at Cherry Lane # 5, except for the requirement concerning the Englewood Way street connection to Ten Mile Road. These conditions will be completed upon final plat approval of the Lake at Cherry Lane # 5. LAKEAT7.COM Page 3 • • E. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. F. The applicant is proposing approximately 1,950-feet of private roads within the subdivision. There appears to be a street (Yard Arm Avenue) that stubs to the north of the site and W. Periscope Street that stubs to the west of the site. These are private roads and are not public stub streets. G. The main project entrance off W. Teter Boulevard should be designed with 21-foot street sections on either side of a center median and aligned with the proposed entrance to the south, approximately 320-feet west of Ten Mile Road. The median should be constructed a minimum of 4-feet wide to total 100-square feet and constructed outside the right-of--way of W. Teter Boulevard. H. Graveled private roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. If the private road will be graveled, the applicant should be required to pave the roadway its full width (24-feet minimum) at least 30-feet beyond the future edge of pavement of W. Teter Boulevard. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2 % for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct. approved name of the road is required. ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: LAKEAT7.COM Page 4 • Site Specific Requirements: 1. Comply with the conditions set forth in the Lake at Cherry Lane # 5, except for the requirement concerning the Englewood Way street connection to Ten Mile Road. 2. Construct the main project entrance off W. Teter Boulevard with 21-foot street sections on either side of a center median and aligned with the proposed entrance to the south, approximately 320-feet west of Ten Mile Road. Construct the median islands a minimum of 4-feet wide to total 100-square feet and constructed outside the right-of--way of W. Teter Boulevard. Pave the entrance a minimum of 30-feet back of the future pavement of W. Teter Boulevard. 3. Construct approximately 550-feet of 5-foot sidewalk on Ten Mile Road abutting the parcel. 4. Direct lot or parcel access to Ten Mile Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall ~pecificall, identi each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequ~. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall snecifical~ identify each requirement to be reconsidered and include written documentation of data that was not available.to the.Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant LAKEAT7.COM Page 5 will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Date of Commission Action: Development Services Staff LAKEAT7.COM Page 6 AlU-EF~ICAN LAND TITLE C~. °7~Q`f3i7 DEVELOPMENT AGREEMENT '~ ~~ a ~ ~~ . ~ ~ :: G n .~ ~, ~ v. ~~1Y :.. ~cr~~H,~~,1 30iSF ID THIS AGREEMENT, made this 11 day of November 1997, by and between the City of Meridian, a municipal corporation of the State of I~1 rei t call (~e „City," Steiner Development, L.L.C., an Idaho limited liability comn~~~e~~~i~cal ~{h Developer, whose address is 2485 North Ten Mile, Meridian, Idaho 83642! C,~~' , WIT fiEG~;.: ~~ ..; ,..~,,...UES OF NESSETH: WHEREAS, Developer has an option right to acquire a certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code § 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the City has passed two development agreement ordinances, one when land is rezoned (11-2-416 L) and one when land is annexed, which is when it is also rezoned (11-2-417 D); and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit A, and requested zoning of R-15 for that property and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission and approved by the Meridian City Council; and WHEREAS, the Developer has submitted an application for a conditional use permit for a planned unit development for the property described in Exhibit A, which conditional use permit has been recommended for approval by the Meridian Planning and Zoning Commission and approved by the City of Meridian City Council pursuant to Findings of Fact and Conclusions of Law adopted on February 18, 1997; and WHEREAS, the Developer owns or has an option to purchase approximately 40 acres and is developing it in phases as an R-4, R-8, and two R-15 subdivisions; this Agreement applies to one of the R-15 subdivisions; a previous development agreement has been entered into for the land zoned R-4 and R-8; and WHEREAS, the Meridian City Council has been requested to approve a final subdivision plat for said property; and :,~~ , ~" .. ~a~~', Page 1 ia~i~-.~ WHEREAS, the Developer has made some representations at the public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what improvements would be made; and WHEREAS, the City has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, Developer deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the Developer has made request to the City to have the same annexed to said City, or rezoned, and has submitted to the City a Plat thereof which has been approved for annexation by the City and as part of the annexation or rezone the City adopted and approved Findings of Fact and Conclusions of Law; and WHEREAS, the Findings of Fact and Conclusions of Law required that the Developer enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the Developer did not enter into a Development Agreement, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer, in accordance with its representations before the City, shall, on the land described in Exhibit A, only construct duplex, triplex and fourplex residential dwellings as permitted pursuant to the above referenced conditional use permit and that all such dwellings shall have at least 1,100 square feet of floor space, exclusive of garages. 3. That the property described in Exhibit A shall have lot sizes of at least 3,200 square feet, except as otherwise approved on the final plat of the subdivision, and shall meet all of the requirements of the R-15 zone, except as otherwise provided in the above referenced conditional use permit Findings of Fact and Conclusions of Law adopted by the Meridian City Council. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the final plat as approved by the City, which plat is incorporated herein as if set forth in full herein. 5. .That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer a complete set of "Subdivision Impro~~ement Plans" showing all streets, utilities, pressurized imgation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The THE LAKE AT CHERRY LANE NO. 7 DEVELOPMENT AGREEMENT, Page 2 ioi2~i~-,w Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized imgation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated. herein and made a part hereof by reference. 6. That Developer will, at its own expense, construct and install all improvements including, but not limited to, all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, television lines, sidewalks, cross drains, street, street surfacing, street signs, street lights, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 7. That Developer will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That Developer will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the City with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized imgation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work that said Plans of the various improvements are true and correct. 10. That Developer will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That Developer agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of .the inhabitants of the City, Developer will thereupon, within a reasonable time, construct said needed improvements or, if it does not so construct within a reasonable time after written notification of such Council action, and the City thereafter determines to construct, and does construct such improvement, or improvements, the Developer will pay to the City the cost of such construction, in such manner and under such terms as the City shall order after THE LAKE AT CHERRY LANE NO. 7 DEVELOPMENT AGREEMENT, Page 3 tazs~,x~ conference with the Developer. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special .meeting of the City Council and unless Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of .the proposed finding. 12. That Developer agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. Developer agrees that, in the event any of the improvements required herein are not timely installed, the City may, at its sole discretion, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That Developer agrees that the City may also require surety bonds, irrevocable letters of credit, cash deposit, certified checks or negotiable bonds, as allowed under 11-9-906 C of the Revised and Compiled Ordinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees to provide such if required by the city. 15. That Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and the Developer have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 16. That Developer agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit B attached hereto and by this reference made a part hereof. 17. That Developer agrees that any notice required by this Agreement shall be given at the following adc'ress: THE LAKE AT CHERRY LANE NO. 7 DEVELOPMENT AGREEMENT, Page 4 ioiz~i~-,,~ CITY OF MERIDIAN: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. . 2485 North Ten Mile Meridian, ID 83642 Louis Steiner, Managing Member 18. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon Developer's heirs, successors and assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution by the Mayor and City Clerk. 21. That Developer agrees to abide by all ordinances of the City of Meridian and the property shall be subject to de-annexation if the owner or its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DATED the date, month and year first above appearing. STEINER DEVELOPMENT, L.L.C. Louis Steiner, Managing Member STATE OF CALIFORNIA ) ss. County of Merced ) On this 11 th day of November , 1997, before me, the undersigned Notary Public in and for said State, personally appeared LouisT Steiner, known or identified to me to be the Managing Member of Steiner Development, L.L.C., the limited liability company that executed the within instrument, or the person who executed the instrument in behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set day and year in this certificate first above written. *' ' °`.~ David Bakken ~E . rQ °~ Comm. s:~o2o~00 //~~~ NOl Oct ~°. ~ NOTARY PUBLIC CALIFORNIAU, MERGED COUNTY n My '' oaN` Comm. Expires March 20. 1998 ~ and affixed my official seal the for ~fornia m Expires 3/20/98 THE LAKE AT CHERRY LANE NO. 7 DEVELOPMENT AGREEMENT, Page 5 ioi23i~-~w CITY OF ME~tIDIAN: . ~R~bert D. Come, Mayor By STATE OF IDAHO ) ss. County of Ada ) . ~~ ~' d~~~ William G. Berg, Jr., SEAL ~~ ~~'~'C?,~T t8T .'~ ' P On this ~~ day of ~~c eh,, 6 ~~ 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~.~ G~ L. ~•~. ~.~pS~~ °,s' _ A a Y / w cs '~j ^,' e CA i~ @ ~4 ~ ~~ ~~ ` ~ ~ ~ C~ /f~~' fff'fflfl tltttt ~ry/Public for Idaho ing at e~: ~~'an Commission Expires O~ a THE LAKE AT CHERRY LANE NO. 7 DEVELOPMENT AGREEMENT, Page 6 iorr~i~-,~ EXHIBIT A Lot 31, Block 8, The Lake at Cherry Lane No. 5 Subdivision according to the official plat thereof recorded in Book 75 of Plats at pages 7700 and 7701, as Instrument No. 97675297 on September 15, 1997, records of Ada County, Idaho. EXHIBIT B TO THE DEVELOPMENT AGREEMENT . BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEINER DEVELOPMENT, L.L.C. This subdivision is for 56 duplex, triplex and fourplex dwelling units with an overall density of 8.7 dwelling units per acre. The Developer shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property and submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines and extend and construct sewer and water lines through to furthermost boundaries of each phase, as approved by the Meridian City Engineer. 3. Construct streets to and within the property in accordance with Ada County Highway District and City of Meridian standards, except as otherwise permitted in the Findings of Fact and Conclusions of Law adopted by the Meridian City Council on February 18, 1997, in connection with the conditional use permit for the planned unit development, which said requirements provide for private streets consisting of 42 feet of right-of--way with a five foot sidewalk on one side. Parking shall be permitted on one side of the street only. 4. Dedicate the necessary land, if any, for public right-of--way to meet Ada County Highway District and City of Meridian standards. 5. Pay any development, impact or transfer fee adopted by the City 6. Meet all requirements and conditions of City Staff and other agencies including those outlined in the Findings of Fact and Conclusions of Law and the Ordinances of the City. 7. The common/drainage lot as presented and represented to be in the Subdivision, together with all improvements thereon must be constructed prior to obtaining the certificate of occupancy for the first house in the Subdivision. 8. Provide pressurized irrigation to all lots within this subdivision prior to obtaining building permits along with evidence to the City of approvals from Nampa and Meridian Irrigation District. 9. Provide street frontage of an average of thirty-three feet (33') for each housing unit so that each set of two, three or four Lots, having direct access to a street, must have sixty-six (66), ninety-nine (99) or one hundred t:iirty-two (132) feet of frontage, as the case may be, except flag lots which may have such lesser frontage, consistent with the approved final plat. EXHIBIT B, Page I 10. Provide front setbacks of a minimum of eighteen feet (18'), street side yard setbacks of a minimum of fifteen feet (15'), rear yard set backs. of a minimum of fifteen feet (15') and side yard setbacks of a minimum of five feet (5') per story . or a minimum building separation of ten feet (10') for single level dwellings adjacent to each other. 11. Provide a gated entry into the Subdivision. 12. Enter into such additional development agreements as may be required by the City for future phases of The Lake at Cherry Lane Subdivision. 12. Install temporary fencing to contain construction debris prior to obtaining building permits as required by the City. EXHIBIT B, Page 2 ~ r MERIDIAN CITY COUNCIL MEETING: January 21,1997 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER; 7 Sz 8 REQUEST: CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0. 7 SUBDMSION 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 i~~~i a vl~ ~~""p ~,~~ ,rv~~t ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: P! ~ ~~'~ zr~ Fch~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • SUBDIVISION EVALUATION SHEET Proposed Development Name THE LAKE AT CHERRY LANE NO 7 City ~/IERIDIAN Date Reviewed 01 /30/97 Preliminary Stage XXX Final Engineer/Developer Pacific Land Surveyors / Steiner Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing- street names shall appear on the plat as• "N TEN MILE ROAD" - "W USTICK ROAD" "W TETER STREET" "W MOON LAKE LANE" The following proposed street names are approved and shall appear on the plat as• "N ALTO LANE" "W. FIE DSTREAM LANE" "N ARONMINK LANE" "N YARD ARM LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative officially approved. ADA COUNTY STREET NAME COMMI' Ada County Engineer Ada Planning Assoc. City of Meridian Fire DistrictMeridian or his designee in order for the street names to be John Priester Terri Rayn Representative Representative Date `` 3~'l7 Date 1 - ~~ ~ `t ~ Date f'3o -y'7J Date ~ ~` ~ r` NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 3 Section 'ATIVES OR DESIGNEES NUMBERING OF LOTS AND BLOCKS - - TR\SUBS\SM_CITY.FRM • SUBDIVISION EVALUATION SHEET Proposed Development Name THE LAKE AT CHERRY LANE NO 6 SUB City Meridian Date Reviewed 01 /30/97 Preliminary Stage Final XXX Engineer/Developer Pacific Land Surveyors / Steiner Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the' Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followina existina street names shall appear on the plat as• - "W. TETER STREET" "N. PHOENIX ^^"~-R:~LANE~ -- "N. TEN MILE ROAD" "W USTICK ROAD" "N ARONMINK LANE" The followina proposed street names are proved and shall appear on the slat as• "N A TO LANE" "W MONESSEN LANE" NW MONTROSE LANE" u~ei v~nv A ~ • 1 A GIrO The above street name comments have been read and approved by the following agency representatives of the-ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE ENCY REP E11~TATIVES OR DESIGNEES Ada County Engineer John Priester s ~'~- Date ~ 3~ ~l Ada Planning Assoc. Terri Raynor Date ~ ~ ~~ - 1 ~~-- City of Meridian Representative Date 1~.~~ Fire District Meridian Representative ate / ~~` NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 3 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM ~ ~ Meridian City Council i . February 18, 1997 Page 9 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision to deny the annexation application, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: Corrie: I believe that is now moot is that correct? Crookston: That is correct. Corrie: We will need a motion. Bentley: Mr. Mayor, I would move that we drop the findings of fact and conclusions of law for conditional use permit for the Chevron C-Store and McDonalds. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to drop findings of fact and conclusions of law for conditional use permit for a Chevron C-Store, McDonalds drive through and a hotel by Eagfe Partners LLC, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Before I go onto to Item 6, I virould like to welcome Scout Troop #5 for coming in tonight and observing the Council meeting. So welcome fellows, we appreciate it. ITEM #6: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Corrie: Council you have those findings in front of you, any questions or comments or changes? Rountree: Mr: Mayor, on page 14, item 15, third line, "the City to" the word to should be deleted. On the sixth line, "the numbers show that the" the word the should be deleted an substitute the word project. The following tine, "but he questioned whether" and the phrase should be inserted the project met the intent of open space. Corrie: Thank you Charlie. Any further corrections? r ', Meridian City Council February 18, 1997 Page 10 Morrow: Mr. Mayor, I would move that we adopt and approve the findings of fact and conclusions of law as corrected. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt the findings of fact and conclusions of law as amended, roll call r©te. ROLL CALL VOTE: Morrow -Yea, Bentley - Yea< Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Morrow: Mr. Mayor, the Meridian City Court hereby approves and grants this conditional use application for a planned unit development under the conditions stated above in these findings of fact and conclusions of law. This approval is subject to all City. ordinances, accept that is allowed not to be met as stated herein. But specifically including design review and plan approval under~e procedures of the subdivision and development ordinance. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision motion, any further discussion? All those in favor? Oppo®ed? MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT; TABLED FEBRUARY4, 1997: Corrie: Would a member of the Steiner Corporation like to give us your view on the preliminary plat. Bradbury: I don't have anything to add to what has been discussed at the last couple of meetings. If anybody has any specific questiia~ns 1 would be happy to respond to those. Corrie: Thank you. Morrow: Mr. Mayor, I have a question with respect to and maybe Gary or Shari can answer this as a quick overview in terms of the preliminary plat that we have before us. Does it meet what we have just adopted in terms of the findings of fact and conclusions Meridian City Council • February 18, 1997 Page 10 Morrow. Mr. Mayor, I would move that we adopt and approve the findings of fact and conclusions of law as corrected. Rountree: Second Come: Motion made by Mr. Morrow, second by Mr. Rountree to adopt the findings of fact and conclusions of law as amended, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Morrow: Mr. Mayor, the Meridian City Council hereby approves and grants this conditional use application for a planned unit development under the conditions stated above in these findings of fact and conclusions of law. This approval is subject to all City ordinances, accept that is allowed not to be met as stated herein. But specifically including design review and plan approval under the procedures of the subdivision and development ordinance. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT; TABLED FEBRUARY 4, 1997: Corrie: Would a member of the Steiner Corporation like to give us your view on the preliminary plat. Bradbury: I don't have anything to add to what has been discussed at the last couple of meetings. If anybody has any specific questions I would be happy to respond to those. Corrie: Thank you. Morrow. Mr. Mayor, ! have a question with respect to and maybe Gary or Shari can answer this as a quick overview in terms of the preliminary plat that we have before us. Does it meet what we have just adopted in terms of the findings of fact and conclusions Meridian City Council February 18, 1997 Page 11 of law. Have either one of you reviewed it from that standpoint to see that the two are in compliance with each other? Stiles: Councilman Morrow, Mayor and Council, 1 haven't specifically looked at these findings and checked whether it matched those requirements. I don't think there will be a problem with them making it does make sure it meets those requirements. But I couldn't tell you right now whether it did or not. Smith: Same comment for me. Morrow: That being the case Mr. Mayor, I would like to move to approve the preliminary plat for the Lake at Cherry Lane No. 7 by Steiner Development subject to compliance of that plat with the just adopted findings of fact and conclusions of law for the Lake at Cherry Lane No. 7. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary plat according to the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY: Corrie: Council you have the findings of facts. and conclusions of law in front of you, any corrections, additions or alterations? Corrie: Stephanie would you like to make a comment? Churchman: Mr. Mayor and Council, I have a correction, actually I don't know if that is proper or not. But I found fault in the findings of fact. It was my understanding that the Council approved the variance for Builders Masonry Products upon condition that we monitor the outflows and that also that we agree to connect to the City water in the future at a future time. That the variance wasn't denied out right. That was just my understanding and I need clarification on that. Corrie: I think Stephanie what the Council had meeting with Counselor and what they have put on the findings of fact and conclusions is based upon what they have come up and what they feel from the public testimony. So, I guess what they have got down here is what will have to be. Unless there is any comment from Council, Mr. Rountree? Rountree: We haven't yet acted on them. But my understanding was that the sewer hook up was not a variance issue anyway and the metering of that is again not a Meridian City Council February 4, 1997 Page 16 Morrow: Well the design review from my perspective is the Council ~nrould be the frontal elevations it would not be things such as colors and paints and location of landscaping and those types of issues. I think that what I would tike to see from staff and from the Council standpoint is and it can be accomplished if there is going to be five different plans for this subdivision then we design review the free elevations for those plans and the placement on the plat of those plans. If it is something that each one is going to be individually built and sold as a unit then, and each might be designed slightly different we take a look at the front elevations, it meets the other conditions of the staff with respect to setbacks and all of those kinds of things then that is all there is to it in this case. It is not a in my mind it is not an extensive design review that you can see done sometimes this is an elevation design review and that is it. Rountree: Mr. Mayor, I would add one other point in this particular instance it would include the usability of space or amenities in the facility. The open space for the enjoyment of the residents as well as how well the storm water detention pond functions. I think those are critical portions of this particular development. ITEM #3: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT; TABLED JANUARY 21, 1997: Morrow. Mr. Mayor, point of order did we vote on the fast motion? Corrie: I think we did. Steve, would you like to say anything in reference to the preliminary plat? Bradbury: I don't have anything to add. I suspect that it might make sense to go ahead and table the plat until you are happy with your findings on the conditional use because obviously one follows from the other. Bentley: Mr. Mayor, I move we table the preliminary plat for the Lake at Cherry Lane No. 7 until February 18tH Rountree: Second Corrie: Motion made and seconded that we table the preliminary plat until the February 18t'' meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: WHITESTONE ESTATES SUBDIVISION NO. 2, 37 LOTS NORTH OF WALTMAN, WEST OF CINDER ROAD BY WHITESTONE DEVELOPMENT COMPANY: Corrie: Is there a representative from Whitestone, are they here? { _ ~ Meridian City Council January 7, 1997 Page 40 minimum it looks to me like they are probably going to lose 4 units to even accommodate their drainage needs in that area. I can't say that I am particularly excited about 60 units that all look the same. Maybe there is a magic price point for this kind of housing that will make them look good, I can't see it. I agree there are some significant issues that need to be resolved and maybe by continuing the hearing I might find some redeeming factors in this particular proposal. Tolsma: I think we need to continue the public hearing (inaudible) Corrie: It seems to be pretty unanimous of the Council, I would entertain a motion for continuance of public hearing. Morrow. Mr. Mayor, I wrould move that we continue the public hearing on both agenda items 10 and 11 those being the request for conditional use permit for the Lake at Cherry Lane Subdivision No. 7 by Steiner Development, I am sorry I wish to start the motion again because we are only dealing with item 10. Mr. Mayor I v~uld move the public hearing for the request for conditional use permit for the Lake at Cherry Lane (inaudible) until January 21, 1997 to allow our staff and the representatives of Steiner Development to work out the 8 or 9 issues that have been discussed tonight that have not been resolved. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing on item 10 request for conditional use permit for the Lake at Cherry Lane No. 7, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Corrie: At this time I will open the public hearing, Mr. Bradbury. Steven Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: I have no additional comments, I vuould simply like to ask that the comments made in the previous item be incorporated into the record into this one and suggest that in light of the tabling of the previous to simply table this item as well. Corrie: Noted and recorded. Anybody from the public that would like to enter public testimony at this time? Hearing none I will entertain a motion of Council. ,~~ ,Meridian City Council January 7, 1997 Page 41 Morrow: Mr. Mayor, I would move that we continue the public hearing for the preliminary plat for the Lake at Cherry Lane No. 7 by Steiner Development. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing for request of preliminary plat for the Lake at Cherry Lane No. 7 until the meeting of January 21, 1997, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS N0.3: Corrie: Is there anyone here? Stiles: Mr. Mayor and Council, 1 believe the motion at the last meeting was to table that until the 21 ~. Corrie: That was the original motion, so that will be on the 21~, it was on the agenda by mistake. Smith: Mr. Mayor, on Salmon Rapids No. 3, in reading the minutes the Council wanted to visit a little bit about this I guess with me. You were going to consider it, I don't know if that was individually if you wanted to meet with me in my office before the next Council meeting. The impression that I got from the minutes was that you wanted some conversation to take place between yourselves and staff before the Councl meets on the 21 ~ to consider this issue. Did I misunderstand that or how did you want me to proceed because there was some concern by Councilman Rountree there was concem by Councilman Morrow and I don't know if the other two councilmen had similar concerns, I don't recall, that you wanted to think about this situation. If you want to get together with me individually just give me a call and we can do that before that 21 ~ meeting. Totsma: I think that had to do with the extension of the sewer line (inaudible) Corrie: So Council if you will check in with Gary we can get those questions answered. ITEM #13: WATER/SEWER/TRASH DELINQUENCIES: Corrie: This is the cut off schedule for January 8, 1997, this is to inform you in writing if you choose to have the right to a predetermined hearing at 1-7-97 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 1-8-97 unless payment is received in full. ~~ MERIDIAN CITY COUNCIL MEETING: January 7,1997 APPLICANT: Steiner Development ITEM NUMBER; 11 REQUEST:_Rectuest for a Preliminary Plat for the Lake at Cherry Lane No. 7 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 Minutes from 11-12-96 See Attached Comments See Attached Comments "Reviewed" See Attached Comments ~`~~ 1' ~~~~ 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 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission - December 10, 1996 Page 18 Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional use request by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to pass that recommendation onto the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #11: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996): Johnson: What would you like to do with the preliminary plat? Shearer: Mr. Chairman, I move we approve the preliminary plat, we had some discussion on that didn't we. Borup: Second Johnson: Discussion, we have a motion and second to approve the preliminary plat, discussion? Borup: Mr. Chairman, I think one of the items that was still pending was the sidewalk width and street location. I believe we Left the last one maybe with a recommendation that the sidewalk width be increased to 5 feet and to accommodate that the street be moved over one foot to the east. Shearer: Let's make an amendment to my motion to that affect, that I will second. I move we amend Johnson: We have a motion and a second (inaudible) Shearer: No we don't, I can amend the motion anybody can amend the motion Jim that is parliamentary procedure. Johnson: Yes you can amend the motion but we are not done with the discussion part yet. I want to get some feedback from staff on that on moving the street, have you had any discussion about that do you recall that? Are you doing this from memory or do you have Meridian Planning & Zoning Commission December 10, 1996 Page 19 some notes to that affect Commissioner Borup? Borup: Memory Shearer: That was what we discussed at the time. Johnson: Okay, would you like to amend your motion? Shearer: I move we amend the motion by changing the four foot sidewalk width to a five foot sidewalk width and shifting the street. to allow a maximum footage in front of each house on each side of the street. Borup: Second Johnson: We have a motion and a second on an amended motion, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay (Discussion Inaudible) Johnson: Discussion on the original motion. Oslund: I believe Gary has something to say to us. Johnson: Do you have something to say Gary? Smith: Mr. Chairman, I was just wondering a clarification on that part of the motion. When you say shifting the street to take maximum, I didn't understand that. Shearer: They have 18.foot driveways Gary and when they put another foot of sidewalk in there they are going to have, they will have to shift everything to center it so that they will have, so that the right of way will be a foot or two off from the sidewalk into the yard. We want to equal that up so that they will have 19 to 20 feet from the building to the actual sidewalk on both sides rather than having all of that on one side. Smith: So is there going to be sidewalk on both sides then? Shearer: No, see as they have it they have a 40 foot street Smith: Yes, 40 foot right of way and 3 foot on one side without the sidewalk and 5 foot on Meridian Planning & Zoning Commission -' December 10, 1996 Page 20 the other side with the sidewalk. Shearer: So we want to equal that out so that the sidewalk is equal distance from the property line on both sides of the street, the edge of the sidewalk or the edge of the street. Smith: The edge of the curb, okay. Shearer: I was only doing that because or talking about that because they are such a small length to park a car in front of the garage. Smith: Thank you Johnson: So where did we leave off, we have a motion and a second, any further discussion? All those in favor of the original motion? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #12: PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO.2 PLAT AND STREETS BY ED BEWS: Johnson: This is a public hearing, I will now open the public and invite the applicant or his representative to address the Commission and you need to be sworn. Is the applicant or representative here? Ms. Stiles? Stiles: Chairman Johnson and Commissioners I told the applicant that it wasn't necessary to be here because of the nature of this request. You have my memo on this application. They are just going through the steps so they can get this vacated and meet the State code requirement and our ordinance requirement. Johnson: There is no objection fro~;~ staff apparently? Stiles: No Johnson: Any discussion? This is a public hearing, anybody here from the public that would like to address the Commission on this? Seeing and hearing no one then I will close the public hearing at this time. What is your pleasure? Shearer: Mr. Chairman, I move that we recommend vacation of the Farmington Estates Subdivision No. 2. Oslund: Second • w Meridian Planning & Zoning Commission - November 12, 1996 Page 45 coming in, each of them here in the last 3 weeks have optioned 3 to 4 lots to start in the spring time. So in keeping with the mind that we are trying to progressively seek and get these projects sold so that we are not waiting in the wings and we are not lagging our feet on this thing. So you know we are pushing forward as much as we can on the sales and the marketing part of this also. Johnson: Thank you very much, anyone else that would like to come before the Commission? Hearing and seeing no one I will close the public hearing at this time. We are addressing item 13 only which is the conditional use permit. Shearer: Mr. Chairman, I move that we have the attorney prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0. 7 BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: We have talked about all of the issues that I have to talk about with respect to the preliminary plat in the previous hearing. I would simply ask that all of my comments and discussion that we engaged n with connection to comments be included in the recap d for this hearing and then I won't have to repeat it all. Johnson: Thank you, this is a public hearing, is there anyone that would like to come forward on the preliminary plat portion? Any further questions from staff? From the Commissioners? I will close the public hearing at this time. Oslund: Mr. Chairman, I move :hat we table this item pending the, until the next meeting when we will get the findings back on the conditional use permit. MacCoy: Second Meridian Planning & Zoning Commission November 12, 1996 Page 46 APPROVED: Johnson: Moved and seconded that we table the preliminary plat request until the next meeting when findings of fact are prepared for our review, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further motions? Shearer: I move we adjourn. MacCoy: Second Johnson: Moved and seconded we adjourn the meeting, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:44 P.M. (TAPE ON FILE OF THESE PROCEEDINGS} ,vim- ~~ i z~~o ~,~, JIM H ON, CHA RM ATTEST: WILLIAM G. BERG, JR. CITY CLERK HUB OF TREASURE VALLEY WILLIAM G. BF_RG, 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 A Good Plane to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer <~~ Shari Stiles, Planning and Zoning Administrator ~~ COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Nevember 8, 1996 Re: THE LAKE AT CHERRY LANE NO. 7 (Preliminary Plat /Conditional Use - By Steiner Development) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will nee 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 ~arvice per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. 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. A:1[.AKFJ7.PP • w P&Z Commission/Mayor & Council November 8, 1996 Page 2 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 8. 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. In no case shall any part of a parking area be closer than four feet to any established street or alley right-of--way. 9. 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. 10. 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). 11. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 12. 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. 13. Street signs are to bc, in place, water system shall be approved and activated, pressurized irrigation system shall be approved and activated, perimeter fencing shall be installed, and road base is to be approved by the Ada County Highway District prior to any building permits being issued. 14. 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 Clerk's Office prior to the scheduled hearing date. A:~LMCBiI.PP ~ • P&Z Commission/Mayor 8t Council November 8, 1996 Page 3 SITE SPECIFIC COMMENTS: Pressurized irrigation system shall be designed such that no lateral lines nm 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 irrigation system. 2. Install 250- and 100-watt high pressure sodium street lights 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 the travel way widths. We are very concerned about the narrower width of the roadways, as it will make it more difficult to navigate with school buses and emergency vehicles. As an absolute minimum, "No Parking" signs should be posted along one side of the street. We don't know how enforcement of the "No Parking" will be accomplished. On-street parking would only allow aten-foot-wide travelway to remain. 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 cr so. The annexation/zoning request and Applicant's prior testimony indicated that this development would occupy 7.5 acres with a total density of 7.75 units per acre. The present application includes 6.67 acres with a density of 9.0 units per acre. This application has some similarities to the La Playa Subdivision. The Applicant, Commission and Council should consider the problems encountered by that developer in marketing small lots with all duplex units. If zero-lot line development is later determined to be infeasible, City Ordinance requires that a minimum of ten feet be provided between buildings, making the lots virtually unbuildable. A:~I.AI~//.PP • • P&Z Commission/Mayor & Council November 8, 1996 Page 4 6. The R-15 zone requires that the development be adjacent to a park or open space corridor, and the planned development guidelines require a minimum of 10% of the gross area designated as common area. The previous proposal showed a greater percentage of open area, as all area except for the building footprint area was common area to be maintained by a homeowners association. The only common area, besides the planting strip along Ten Mile Road, is a drainage pond. The Commission and Council should visit the drainage areas at Los Alamitos, Sportsman Pointe, Salmon Rapids, Kentfield Manor and Tuthill Estates to gain a better perspective of whether a drainage pond is acceptable for designation as a recreational facility. With 3:1 slopes, it is extremely questionable, especially for setiors from an accessibility standpoint, whether this area is feasible to include as part of the 10% common area. 7. Applicant is proposing afour-foot-wide sidewalk on one side of the street only. Given the density of the development, five-foot-wide sidewalks should be provided on both sides of the street in accordance with City Ordinance. 8. The Fair Housing Act does not allow designation of this subdivision as an adult community. The Applicant shall not market the development discriminating in this manner. 9. Applicant currently has approval for The Lake at Cherry Lane No. 4, The Lake at Cherry Lane No. 5, and the Lake at Cherry Lane No. 6. As a requirement of the conditional use permit, no development of Phase 7 should be permitted until prior phases have been completed, in the order they were approved. It is questionable whether this development should even be considered at this time, given the fact that four developments have been approved, but only one developff~~nt has been constructed. No variances for extension of time on these developments should be permitted, as it makes it very difficult for staff to keep going back to look up conditions and policies that were in force at the time of approval. City Ordinance on development time requirements should prevail, with no exceptions taken. 10. Careful attention will need to be paid to the covenants for this development to ensure appropriate measures for maintaining all common areas and the private roadway are taken. • P&Z Commission/Mayor & Council November 8, 1996 Page 5 • 11. City Ordinance requires that all new single-family ~ housing in Zone R-15 shall contain 1,301 square feet or more, unless there is dispersed among the new residential development houses of varying sizes per Ordinance Section 11-2-411.D. Although this development proposes attached housing, the same requirements should apply. Applicant proposes a giant cluster of 1,160-square-foot homes, apparently completely identical in design, that will tend to present a monotonous row-house effect. 12. All ordinances of the City of Meridian shall be met, whether expressly noted herein or not, unless specifically waived in writing by the City Council. 13. A development agreement is required as a condition of annexation. No development agreement for any phase of the 40-acre parcel has been entered into as of this date. 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TR~ YAZ~Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83iba Phone (208) 888-4433 • FAX (208) aiT-413 Public WorksBuilding Department (20~>~T-2211 Motor Vehicle/Driver; License (208) Ssl~-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS OIN 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: November 5, 1996 TRANSMITTAL DATE: 10/17/96 HEARING DATE: 11/12/96 REQUEST: Preliminary Plat for The Lake at Cherry Lane No 7 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT:__West of Ten Mile Road, East of The Lake at Cherry Lane No. 5 JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P2 KEITH BORUP, 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 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN ~RIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(I~RELIM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GJa-S(PRELIM INAL PLAT) BUREAU OF RECLAAAATI E M 8 FINAL PLAT) CITY FILES / /~ YOUR CONCISE ~~ D O C T 1 8 1996 CrTY OF MERIDIA~1 HUB OF TREASURE VALLEY • 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Plaoe to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHQ $3(142 P A Z COMMISSION Phone (208) 888-4433 • FJfLIC (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Depa~nent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers Lice~e (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. ODRRIE MALCOLM MACCOY 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: November 5. 1996 TRANSMITTAL DATE: 10/17/96 HEARING DATE: 11/12/96 REQUEST: -Preliminary Plat for The Lake at Cherry Lane No 7 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road, East of The Lake at Cherrv Lane No. 5 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION PRELIM & FINAL F_,4T) -SEWER DEPARTMENTi BUILDING DEPART CITY FILES % MENT .OTHER: (Q FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY ~( _~ 5 ,~t ,FS ~ L ~,~, .~1. .iQ~'•~ CITY ENGINEER ' CITY PLANNER 3 L of ~ ~l/ ~?w~ ~ S/L ~ ,sy 4N/~ #~-~. Cot.a.f tide A- nnb ,a,,,` .~ G ~;,-r~t rh.~ ~-~ a ~- ~2 n r o ~~ f~ ~ r~~r-I~ ~ v .L Ofs ~ ~f' (o / f to w,"LC ~~e~o~ N O V 0 5 1996 ~o ,B.z ~'~f' f e~~~.,, ~ %i-4-~ ~, ~,~n w ~e ~~ s, ~:IT'1~ ~;~ `~ERIDIA~t • SUPERINTENDENT Dr. Bob L. Haley October 23, 1996 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: The Lake at Cherry Lane No. 7 Subdivision Dear Councilmen: ~~~ o c T 2 5 »~s CITY OF MERIDIAT~ I have reviewed the application for The Lake at Cherry Lane No. 7 Subdivision and find that it includes approximately 60 homes assuming a median value of $115,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary School, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 21 elementary aged children, 12 middle school aged children, and 15 senior high aged students. At the present time Linder Elementary is at 154% of capacity. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann ~vt:.7~ ~~~ r. SUBDIVISION EVALUATION SHEET Proposed Development Name THE LAKE AT CHERRY LANE NO 7 City MERIDIAN Date Reviewed 10/24/96 Preliminary Stage x,~CXX Final Engineer/Developer The Street name comments listed below are made by themembers of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding tttis development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the slat a~• "N TEN M ILE ROAD" "W USTI CK ROAD" "W TETER ~'T ZL>=.'T " W MOON AKE DRIVE R "N. MONT A LTO WAY" cann ot b us ed The sai d street is i n ali gnmen t with ! "N. ALT O AVE.' in ph ase 6 and shall a ppear on the pl at as "N A LTO AVE " "W PE " " . R ISCOPE STR EET is in aligrt me~+ u,~+++ W FI ELDSTRE AM CT" a nd shall The following proposed street name is approved and shall appear on the 21at as• "N YARD ARM AVENU " The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be offiaaly approved. ADA COUNTY STREET NAME COMMITTE , I GENCY ~ESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~~~~i~v" j~l,~~l~_ Date ~~~ '~< Ada Planning Assoc. Ann Hurley Date 1o_ Z~-~ ~ City of Meridian Representative Date /d -ZS~ fG Fire District Meridian Representative Date ~ ~ ~~ NOTE: A Dopy of this evaluatiion sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not tte signed Illl Sub Index Street Index 3N 1 E 3 Section ~-• NUMBERING OF LOTS AND BLOCKS TR~SUBSLSM CITY.FRM O C T 2 8 1^~~ ~ ~~ ~~~~ 'N. ARONMINK AVE." ` " CENTRAL C •• DISTRICT '1tHEALTH DEPARTMENT Rezone # DISTRICT HEALTH D Environmental Health Division al Use # ~--Preliminary Final /Short Plat f~ L~-,~ ~ 1ENT ~2EcE1~'~D Return to: ~l {; T Z ~ 1996 ^ Boise ^ Eagle ±;;~'1'y ~~ 'VIERIDIA~ ^ Garden city Meridian ~ ~ ^ Kuna ^ 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 ^ community 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 sewage dry lines central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. 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. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. s7a~N1t~.rrt-n ~.~-i-~~.~'~ ~1~'Y/w /S Date: /Q/ a-5 / 9b i9-%-77r`Gi~'7~ . Reviewed By: Review Sheet CDHD IO191 rcb, rev. I/9S CENTRAL • •• DISTRICT ~1'HEALTH .~,~.(~375.5211•F . . DEPARTMENT MAw OFRCE ~ 707 N.1VRM51RONG PL 901SE. ~ NC 3~7~ ~, prltoent and a+eot disease and dL7abilltlr ~ P^~0~ ~~- ~: °~ °° °"d ~'0"1°~ the heaUh and q~wtlq~ of our asi~ottt~ 5'I'OItMyVATER MANAGEMENT RECONIl~~NDATIONS 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 irlmor+~ Boise. and Ada Counties ~dM ~~ Ado / IoIM CaoMtr Oan WIC fort • WAaan Derh 1 06 A Bmo~ Cau+h C~a SZO E !~ SInM K l~na+ C6~ OW d ~~~ ~ P.O. lOt IM pa11 Cd p 70l K Awndrdlp R o 6 O eb~ ~~ ~. O. 1Q0 S Ih Stoll E , ~AC pR ~FIO~ loin. O. SJ701 feria IMdt 7~7•)r99 . . 1J10S PR 7J1.uSd IJbq RL 51)•1 ~Aan~on t~orrr. O. b~7 PR 587-0??S faNr PlorrW~ ]21.1.00 32~ MeridarL tD. tti,..~s.w,,.,.. »~_uaf 6~64Z PR sEbeSlS OFFICIALS ~ ~ HUB OF TREASURE VALLEY O N I ME6~B RS W'rt.lAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W MORROW, President JANICE L. GASS, City Treasurer BR C RONALD R. TOLSMA CITY OF MERIDIAN NILEYEE UCE D. STUART, W er Works Supt. GLENN R. BE JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MEItIDIAAM, IDAHU 83(142 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 (o HNSON, Chairman , W.L. "BILL" GORDON, Police Chief Public WorksBuilding Departrnent (208) 887-2211 L.ft1 L ~ ~ ~ ~~I ~ I n t-M HEPPER ' ~ WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivecs License (208) 888-4443 - IM SHEARER T GREG OSLUND ROBERT D. CORR)~ O ~ " 2 ~ 1996 MALCOLM MACCOY ~Ya NAMPA 8~ MERIDIAN IRRIGATION DISTRICT 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: November 5. 1996 TRANSMITTAL DATE: 10/17/96 HEARING DATE: 11/12/96 REQUEST: Preliminary Plat for The Lake at Cherry Lane No 7 BY: Steiner Develoument LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road. East of The Lake at Cherry Lane No. 5 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION RECEI~~' ~"~ -KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR ~AMPA NE>It~3iAN IRRIGATIO~f DISTRICT ~ ~ ~~ ~ rJ ;, , -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) ` WALT MORROW, C/C t; ~~ ;+AE~iC}~ ~ N ~:IT U.S. WEST(PRELIM ~ FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT} WATER DEPARTMENT BUF~_AU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CIT Y FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT D, r quires that a Land Use Change/Site CITY ATTORNEY 1i tion be filed for review rior CITY ENGINEER to final platting. Contact Donna Moore at 34 - 84 CITY PLANNER or 466-7861 for further information. All laterals and waste ways must be protected All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comely with Idaho Code 31-3 805 It is recommended that irrigation water be made ava;lahl n all d ~P1 nF~ents within Namoa & Meridian Irrigation District. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 3 October 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith L. Jacobs Boise 343-1884 Paclf 1C Land Surveyors SHOP: Nampa 466-0663 2 9 0 N . Maple Grove Rd . Boise 345-2431 Boise., ID 83704 RE: Land Use Change Application for The Lake @ Cherry Lane No. 7 Dear Keith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If 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 Steiner Development William E. & Viola M. Teter City of Meridian enc. ~__ -. .. ; APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian Planning & Zoning Commission December 10, 1996 Page 18 Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council. of the City of Meridian that they approve the conditional use request by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to pass that recommendation onto the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #11: PRELIMINARY PLAT FOR THE LAIC AT CHERRY LANE N0.7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996): Johnson: What would you like to do with the preliminary plat? Shearer. Mr. Chairman, I move we approve the preliminary plat, we had some discussion on that didn't we. Borup: Second Johnson: Discussion, we have a motion and second to approve the preliminary plat, discussion? Borup: Mr. Chairman, I think one of the items that was still pending was the sidewalk width and street location. I believe we left the last one maybe with a recommendation that the sidewalk width be increased to 5 feet and to accommodate that the street be moved over one foot to the east. Shearer: Let's make an amendment to my motion to that affect, that I will second. t move we amend Johnson: We have a motion and a second (inaudible) Shearer: No we don't, I can amend the motion anybody can amend the motion Jim that is parliamentary procedure. Johnson: Yes you can amend the motion but we are not done with the discussion part yet. I want to get some feedback from staff on that on moving the street, have you had any discussion about that do you recall that? Are you doing this from memory or do you have Meridian Planning & Zoning Commission December 10, 1996 Page 19 some notes to that affect Commissioner Borup? Borup: Memory Shearer: That was what we discussed at the time. Johnson: Okay, would you like to amend your motion? Shearer: I move we amend the motion by changing the four foot sidewalk width to a five foot sidewalk width and shifting the street to allow a maximum footage in front of each house on each side of the street. Borup: Second Johnson: We have a motion and a second on an amended motion, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay (Discussion Inaudible) Johnson: Discussion on the original motion. Oslund: I believe Gary has something to say to us. Johnson: Do you have something to say Gary? Smith: Mr. Chairman, I was just wondering a clarification on that part of the motion. When you say shifting the street to take maximum, I didn't understand that. Shearer: They have 18 foot driveways Gary and when they put another foot of sidewalk in there they are going to have, they will have to shift everything to center it so that they will have, so that the right of way will be a foot or two off from the sidewalk into the yard. We want to equal that up so that they will have 19 to 20 feet from the building to the actual sidewalk on both sides rather than having all of that on one side. Smith: So is there going to be sidewalk on both sides then? Shearer: No, see as they have it they have a 40 foot street Smith: Yes, 40 foot right of way and 3 foot on one side without the sidewalk and 5 foot on • • Meridian Planning & Zoning Commission December 10, 1996 Page 20 the other side with the sidewalk. Shearer: So we want to equal that out so that the sidewalk is equal distance from the property line on both sides of the street, the edge of the sidewalk or the edge of the street. Smith: The edge of the curb, okay. Shearer: I was only doing that because or talking about that because they are such a small length to park a car in front of the garage. Smith: Thank you Johnson: So where did we leave off, we have a motion and a second, any further discussion? All those in favor of the original motion? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #12: PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO.2 PLAT AND STREETS BY ED SEWS: Johnson: This is a public hearing, I will rtow open the public and invite the applicant or his representative to address the Commission and you need to be sworn. Is the applicant or representative here? Ms. Stiles? Stiles: Chairman Johnson and Commissioners I told the applicant that it wasn't necessary to be here because of the nature of this request. You have my memo on this application. They are just going through the steps so they can get this vacated and meet the State code requirement and our ordinance requirement. Johnson: There is no objection ftom staff apparently? Stiles: No Johnson: Any discussion? This is a public hearing, anybody here from the public that would like to address the Commission on this? Seeing and hearing no one then I will close the public hearing at this time. 1lVhat is your pleasure? Shearer: Mr. Chairman, I move that we recommend vacation of the Farmington Estates Subdivision No. 2. Oslund: Second • Meridian Planning & Zoning Commission November 12, 1996 Page 45 coming in, each of them here in the last 3 weeks have optioned 3.to 4 lots to start in the spring time. So in keeping with the mind that we are trying to progressively seek and get these projects sold so that we are not waiting in the wings and we are not lagging our feet on this thing. So you know we are pushing forward as much as we can on the sales and the marketing part of this also. Johnson: Thank you very much, anyone else that would like to come before the Commission? Hearing and seeing no one I will close the public hearing at this time. We are addressing item 13 only which is the conditional use permit. Shearer: Mr. Chairman, I move that we have the attorney prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: We have talked about all of the issues that I have to talk about with respect to the preliminary plat in the previous hearing. I would simply ask that all of my comments and discussion that we engaged in with connection to comments be included in the record for this hearing and then I won't have to repeat it all. Johnson: Thank you, this is a public hearing, is there anyone that would like to come forward on the preliminary plat portion? Any further questions from staff? From the Commissioners? I will close the public hearing at this time. Oslund: Mr. Chairman, I move that we table this item pending the, until the next meeting when we-will get the findings back on the conditional use permit. MacCoy: Second Meridian Planning & Zoning Commission November 12, 1996 Page 46 Johnson: Moved and seconded that we table the preliminary plat request until the next meeting when findings of fact are prepared for our review, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further motions? Shearer: I move we adjourn. MacCoy: Second Johnson: Moved and seconded we adjourn the meeting, alf those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:44 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~. ~G~~ -ON, CHA JIM ATTEST: LLIAM G. BERG, JR. C s r ;, $~lAL i ~ 1 ~ ~~~ ~ '~~~~1p~11 q1q~~~~`~ ~~io~~~ • ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 14 REQUEST; PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.7 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS C-. SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.