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Tuscany Lakes Subdivision CUP 00-052~. c:rTY CLERK FILE CHECKLIST' Project Name: Tuscany Lakes Subdivsion File No. CUP-00-052 Contact Name: Kent Brown Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: Notice to newspaper with publish dates: Q Certifieds to property owners: 344-9700 October 20, 2000 Hearing Date: December 12, 2000 -~~~ 24-NOv-~0,0/ and 8-Dec-00 Planning and Zoning Commission Recommendation: /~ - ~y ~ ~~~ Approve ^ Deny Notes: ~ r .~) ; . (~: _ , _ City Council level: Hearing Date: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: and ^ Certifieds to property owners: ^ City Council Action: ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: _ ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: 10 days ^ Published in newspaper: ^ Copies Disbursed: Notes: Resolutions: OrgMal Rea /Copy Cert: Minutebook Copy Res /Copy Gert: City Clerk City Engineer City Planner city Attorney SterBng Codifiers Project Fik copy Rea /Original cart: Fria County (CPAs) Applicant (rron-CPAs) Recorded Ordinances: Original: Mlnulefmok Co{aes to: City Clerk State Tax Comm. State Treasurer, Aud'nor, Assessor 3terkng Codifrers City Attorey CAy Engineer City Planner Project fiki Appkcare (it app() FiWungs /Orders: Originak. Minutebook Copies to: AppficaM Project file City Engineer City Planrer City Attorney "Record Vacation FirndNgs" Recorded Devebpment Agreements: OriginakfireprootFite Copies to:AppicaM Project file City Engineer City Planner City Agonrey ~"~ i•. HUB OF TREASURE VALLEY MAYOR Robert D Corrie A Good Place to Live LEGAL DEPARTMENT . CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN ,IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: CUP-00-052 Request: Conditional Use Permit request to have flexible lot sizes, frontages and Block lengths By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, CIC Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 CITY OF MERIDIAN ,~ Planning & Zoning Department 200 E. Carlton Avenue, Ste. 201, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fa~~~~ _ ..inn ,~cE'~'ED SEP 2 9 2000 CITY OF 1YEEttLDIAN 1'~`1VI1VG & ZONING CONDITIONAL USE PERMIT APPLICt#~I„Mer',d'~~~ ,, -~P-~ z (RE: Meridian Zoning Ordinance - Section ~i+~~7) ~° ' i APPLICANT: ~cn~ ~ / 71 Z~ ~i7~,V~/~~~_ PHONE: ~~S'~ f_{' ADDRESS: /~~ . ,d'dx 3'YY %J~le~~e%e~~_~Sl6y? FAX: __~- 7 G~.r r,+~'1Ti~rfvaa.~yo OWNER(S) OF RECORD: J~,~~j~~~,~~,~~~?;~p, HONE: ADDRESS: ~~~ ~c ~ ~~•~ ~~ ~~~~ FAX: ENGINEER, SURVEYOR, PLANNER:~',C~~S ~ PHONE: _Z~ ~'70U ADDRESS: /~fj t.~~~J,i,ci ~ psi of FAX: ~'~~.Z9~ ADDRESS, GENERAL LOCATION OF SITE:,_<~~s~~~or~c/ t~/~ ~/ DESCRIPTION OF PRESENT USE: UGGc.i.7~' ~~r_ DESCRIPTION OF PROPOSED CONDITIONAL USE: To ~ ~~x~ ~ ~~~~ PRESENT ZONE CLASSIFICATION: .~°T I have read the information contained herein and certify the information is true and correct. APPLICANT'S SIGNATURE: .~/!~ L SOCIAL SECURITY NUMBER: ~~- ~//-d3-?~ ,+-. ENGINEERS /PLANNERS /SURVEYORS ~ ~Ue west Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com September 23, 2000 CONDITIONAL USE APPLICATION FOR TUSCANY LAKES SUBDIVISION Applicant: Gem Park II Partnership P.O.Box 344 Meridian, Idaho 83680, Phone: 888-9946 2. Gem Park II Partnership, P. O. Box 344, Meridian, Idaho 83680 (Phone: 888-9946) Jean and Richard Burnett Family Trust 2190 Spring Oaks Drive Springville Ut 8466 3. Legal description: Attached. 4. Proof of Ownership and affidavit of legal interest are attached. 5. Existing Uses vacate and agricultural. 6. Present Use: agricultural. 7. Proposed 353 single family dwellings with common area and school site. 8. Present Zoning District: RT (Rural Transition). 9. Thirty (30) copies of a vicinity map attached. 10. Landscape plans attached. 11. 300' property owner list attached. 12. The property is surrounded by Canals and drains that the developer is desired to preserve with large useable open spaces for the residents of Tuscany Lakes Development. The developer has also created lots with greater depths than normal R-4 developments found in Meridian. His desire is to establish unique living environment in this area of Meridian. I believe it necessary to submit a conditional use permit. This application would also provide the City with detail review of the project. 13. Fee attached. 14. The applicant agrees to pay any additional sewer, water or trash services associated with the industrial development of the subject property. 990405\CUP-app BRIGGS ENGINEERI ~i, INC. 7800 w. Overland Road - Bo'~ Idaho 83705 - (208) 344-9700 15. Affidavit of Accuracy attached. 16. Affidavit of Posting attached. Sincerely, BRIIG EN ERING, Inc. Kent rown Land Use Planner BLB:fc Enclosure 0308\CUP-app Sent tsy: ; ,'_- 208 688 6854; Sep-22-00 12:55PM; r. PROPE I IANS~N MARVIN R & ~~ANY SUBDIVISION RTY Q1VNE,~~V~THI~1300' WIiiTF. do SONS CONSTRUCIlON I.I.C HANS~N NANCY J 545 JA(:K.SnN ST 2460 E ~JICTORY RD BOISE ID 83705.OUW MERiDiiAN ID >I3G42-7050 3121 S TAGISH PL THOU~AND.SPAINGS SUB IiUA OASIS CONS'TRUC!'IUN INC 4550 W ZSTATI? ST 5772 N APPLEBRUUK VNAY i BOISE 1D 83703-00(10 B()ISE 1D 83713-0000 S BRANDY'S JEWEL WAY 3169 S'1'AG1SH i>L IiAST11~1GS VEKNHITA C W CONS'rRUCTIUN INC 2910 ~+ ~tiCl'V KY Rl) 1300 S HEIDI PL MERIIIAN ID 83642-7051 MERIDIAN ID 83642-0000 3157 S TAGlSti Pl. GLICK;ijONATlIAN Wtlc GLICKiBONITA J KRSI.INCT DIRK A 2860 E ~itiCTC~RY RD ItESLING DENISE. MERILIAN lll 83642-7051 2422 12TH AvE S Si'!; t27 3 NAMPA ID 63687-0000 YOUNG REX T do MARi,A II 3145 S TAGISH PL 2450 E ~ViCTORY RD MER.IIJIAN 1D 83642-7051 jFRREMS CATHERIN 1: 3245 S I~CU.ST GRUVE Rll LX)UGLASHER CONSTRUCTIUN !N(: MER1lliAN II7 83642-7045 PU BU3C 583 MERIDIAN ID 83680-0583 ('J1VEN JERRY LIRE 1ST 3130 S'~'AGISH PL b874 PAIRVIEW AVE 3133 S TAGISH PL BC)ISE ID 83704-8501 3144 $'$'AGISH PL 5 LUCUSI' GROVE RD ALLFI~ $IRTEN JAMES & BI:1.1.. RIC.liARD t!c ALI~El~ MARY LUU BELL TINA 3040E 1VICT(JRY RD 3615 S LOCUST CiAUVi! RI) MKRtll1AN ID 83642-7051 MI3RilllAN ID 83642-7045 MAA(2~JAR1` 1)AVIU M i9c $ARBARA K IEST TINA 1)Nf,LARATIOI~' OF 1'RUS'T 31W E!VIC:1'UKY Kl) 2313 TL+RRACF DR MERIDIAN II? 83642-WO(1 t:ALDWELL iD 83605-22511 f E VIt;TORY RD FARW$S1' LLC 5 W~ ST T T NKINS HOW F B 0 45. A E S J . ARD BOISE;ID 83?03-4467 J1:NKINS SHARUN J S TAC:~SH PI:, 6451 PL:ARL RD S BRALVDYS jEWEI. WAY EAGLE IU tS3616-t-000 3815 S LOCUST GROVE, RD A~I~IA~TCE ENTERPRISES INC 3 S I~CUST GROPE Rll 3$9 7;t1 t 014IAC . Bc~1Si?,'s11) R;i704-lrfMkl PATTERSUN JAMES DARF. 3171 5 ?i'AC;ISH ILL 4362 W WICI {i'1'A 51' -OISE Ill 83709-0(Xl(a 4145 S LOCU51' C,ROVE RD SEP-22-2000 13:00 208 888 6854 93i Page 2 P.02 OClll Oy. ~ 1777 E Rl)SSJrL1. V do KAREL J 'TORY RD v tD 83642-0000 RICI-IA~tDSON CIIARI.F.S H RIGHAkDSOiN VICKIL~ R 1835 E ~VICTt`3RY RD itiIERIl#tAN In 83b42.0000 AI1REI~U OF RECLAMATION 214 R AI7WAY AVF. BOISE~D 83702.00()n E VIC'I`~URY RD MORGNER E M REV LUNG TRUST KUN'[~ LUANN TRUSTEE 4800 VI}HULMES 5'T HO1SF.1D 83706-2207 2015 E lL'ICTURY RU E VIC'~ORY RD liU RN ~,'1'1' r AMILY TRUST BURNI~TT D W & J R'I'RUSI'EES 1408 E 2300 PROVp UT 64604-4175 2695 E VICTORY RD WATSQN MARK 3085 E ~JICTURY RD MERIDIAN ID 83642-7003 WFHB iC;RETA J WEBBlGERAI.D D 1975 I:!VICfURY ItD MERIDIAN ID 83642.0000 NOW~RD RAYNER C HUW1~R1) SUSAN A 3420 S LOCUST CRUVI: Rl) MERIDIAN ID 83642-0000 KUNZ;ERMA SARAH IZUYD 3335 S ~AGLE RD MfrRHiIAN II) 83642-7019 N i{A4I.F3 RI) S1GM~N"r WALTER T JR SM!"1'I~ 1tAYi1lUN!) C 3817 S "TAR VALLEY ItU HOISE:ID 83709-4851 $ T.(JC(1ST GROVE RD MALA~SE ALLEN G & SANDRA K 3580 S LOCUST C;RUVL7 RD MERIDIAN ID 8.3b42-7024 208 888 6854; Sep-22-00 12:55PM; RUG!? AIMEE P TRUSTEE 3515 S L*ACiLh: Kl) MERIDIAN ID 83642-7021 SIGMnNT WALT T SIGMibNT RUTH A 381fi S STAR VALLEY RD NOISE iD 83709.4851 2015 E VICTORY RD S LOCUST GROVE RD c;ULDSMITII MART'Y 45S(1 W STATF. ST 11UFSE ID K31tt3.iNHk- E VICTORY RP PULLMAN iI R &J F TRUST PULLMAN H R & J F'1'RUSTEES 4UlU S I.O('UST GROVE RD MERIDIAN ID 83642-7024 PATTERSON WILLIAM t7 & PA'1'I1'.RSnN JULIE B 4224 S I.UCUS1' GRAVE RD MERIDIAN ID 83642-7024 Page 3/4 N.AMPA (tc MERIDIAN IRRICGATIUN DISTRICT 1503 U1S'f SOUTII ST NAMPA IL7113651-0000 l VIC. TORY RD DAWSUN TOM L & DAWSON DEBRA 4390 $ LfK:UST GROVE RD MERIDIAN ID 83642-7059 WARRICK PAUL C 2445 F, AMITY RD MERIDIAN ID 83642-7054 8 AMITY RP PUUI.1? ALAN & LENETTE 3200 S MARYMI3AUH EAGLE ID 83626-0000 S EAGLE RD GARRETT H OWEN 1k Cil1RRETT ROMA S 13201; 5W S # 1006 SALT LAKE CITY Ur 84102-0000 S LOCUST CRUYE All NELSON J BRtu~lj & NELSON JANICE W 3295 FAL(:UN DR MERIDIAN ID 83642-7037 SEP-2~-20~ 1308 ~8 888 685 93i P.83 Sef7I tiy: ; HII.I. A~1CUS F III do MARCiARt?T M 1925 M~KIUTAN RU KUNA jD 8334-WW 3620 S T~AGLE RD QUICKTRO~ & QUICICKRiSTI 3677 S ~ALE}3 PL MF..RTD~AN ID 83842-y066 SEP-22-20®0 13=08 208 888 6854; Sep-22-00 12:55PM; .~. BERTSC:Ii I~;nA 36511 S EAGLE RD MERIDIAN ID $:1642.7020 c:UOK REX M ~ (;UC)K TAMERA D 3611$ CALEB PL MERI OIAN ID 83642.7068 288 888 h8~4 93r Page 4/4 P.~Q o 0 0 0 N O O O W O O O .~ 0 0 0 ~~ z i---~-- ;~ r 0 G i 0 ~~~ -~~ ,u ;~( ~"' /•C V^J • / ••~ V• C v 0 z n z n ~~ ~ / i i •--. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 r Order No.J Date ~~2°~,~00 Name _ ~_ Address 7, p / ~id8f ~ 8~ 000 2 ,o{, Phone: SOLD BY ~ CHARGE ' ON ACCT. ~NDSE. RETD. PAID OUT ~ r /~ ~ 2 1 ra.Q. , ` ~, x 2 15 ~ I I 2 I I f Z 2'] ; - ~ ~ 1C .C i- '~ I I I Z e ~ ~o~ ~- 3gzo 4~ - rna't 1 x I•~ x Z I I i - ?~~ ~ n~.,~,3 G ~ I •~ -l 8. I Ali claims and returned. goods MUST be accompanied by this bill TAX ~ 0 012 3 7 2 Byceived TOTAL ~d 0 (~ ~~7 cs-zoz-z C- ~~ PRINTED IN U.S.A. ~ vniHrea carte ../JJ7hN~ ~/SOYINK_ ~ ~aA~~~~ ,~,a z , ,~ F__.......... - ~ O _ .~~ ., r-- ( -- _ - ~OD ~ f~ o --{ { iI ~ r, ~ mm O I ~ ~ I ~ ~n a ~ ~ ~ ~ 2 . ?m ._.. ~~ '~4~ ~ ti p N ~ ~ ~ ~ }I O L~ r aO / ~ !' ~ ~ p, H .a _ ^ ~ m W O S :. ~ ~ ~ t ~ r 4~ O ~~ `: ~ D~ ~ ~ , ~ .: ~ ~a ~ ~ I 'II i ~ Io rn I ~ t J~ ff~ b ~~ O ~ r ~ Q /\~\\ c V 1 N W~'~ °Wm mz~ o°~ ~~~ W ~ < Z D ,~ N o~ W l ` N W O O ~ r ^ j W . ~aaU>,~ ~, ~; s~_ ......,,~ .....y .,~ 'j 'i i :~ ~I ~" ~ 0 i N ~~ _ ~~ _ ^ ~ = ~• m ~ Q~ O ~ F ii n ji °° "S f~ o ~ m ~ ~ ~ r m V ^ ~ A ti ''«I r ~~ r ~O ~, O i ,1 ~t i j u-i .-. ,W o .~ ru ,a '~.~ r Ia ~ r r' ,.~ r ~a OC _~-... - o-i~ m ,- ~m T ~N 11J t o wm ~. I mZ~ o°~ ~o~ W< < Z i ~ ~ < . 4 a N o °~ 0 m f {f} o ~~~ O C~ r D ~ `A N W O vt ~ O O // ~/~ - ~ ~ W W ~! ~ i- ANNEXATION DESCRIPTION FOR TUSCANY SUBDIVISION August 29, 2000 A parcel of land located in the south 25 feet of Section 20, the west 25.00 feet of Section 28, the north '/ of Section 29., and the east 25.00 feet of Section 30, all of Township 3 Nprth, Range'1 East 'of the'Boise~ Meridian,' Ad~~~County~ "Idaho, being `more .._,£~, particularly described as follows: Commencing at the northwest corner of Section 29, T3N., R1 E., B.M., thence S 0°14'24" W 1322.87 feet along the west line of said Section 29 to the northwest corner of the south'/z of the NW'/4, the REAL POINT OF BEGINNING of this description; Thence S 89°36'13" E 520.48 feet along the north line of said south'/Z to a point; Thence N 51°58'04" E 87.93 feet to a point; Thence N 46°00'49" W 150.80 feet to a point; Thence N 18°01'28" E 385.82 feet to a point; Thence S 72°47'45" E 841.76 feet to a point on the centerline of the Eight-Mile Lateral; Along said centerline the following: Thence S 4°45'54" E 111.17 feet to a point of curvature; Thence 123.47 feet along a curve to the left, said curve having a radius of 250.00 feet, a central angle of 28°17'48", a tangent of 63.02 feet and a chord of 122.22 feet which bears S 18°54'48" E to a point of tangency; Thence S 33°03'42" E 16.09 feet to a point of curvature; Thence 49.89 feet along a curve to the right, said curve having a radius of 350.00 feet, a central angle of 08°10'01", a tangent of 24.99 feet and a chord of 49.85 feet which bears S 28°58'42" E to a point on the north line of the south '/2 of the NW'/4 of said Section 29; Leaving said centerline: Thence S 89°36'13" E 1193.74 feet to the northeast corner of said south '/2 of the NW'/4; Thence S 0° 15'20" W 1042.84 feet along the east line of said south '/2 of the NW '/4 to a point on the centerline of the Ridenbaugh Canal; Along the centerline of the Ridenbaugh Canal the following: 0308\legal.des Thence N 46°01'42" E 147.75 to a point of curvature; Thence 161.84 feet along a curve to the left, said curve having a radius of 750.00 feet, a central angle of 12°21'48", a tangent of 81.23 feet and a chord of 161.52 feet which bears N 39°50'48" E to a .point of tangency;. Thence N 33°39'54" E 488.53 fe3e~t to a poinf of curvature; y. { Thence 134.02 feet along~a curve to the left, said curve having a radius of 750.00 feet, a central angle of 10°14'18", a tangent of 67.19 feet and a chord of 133.84 feet which bears N 28°32'45" E to a point of tangency; Thence N 23°25'36" E 313.49 feet to a point on the north line of the south '/2 of the NE '/4; Leaving said centerline: Thence S 89°37'11" E 4.91 feet to the southwest corner of the east'/Z of the NW'/4 of the N E '/4; Thence N 0°18'31" E 11.51 feet along the west line of the east'/z of the NW'/4 of the NE'/4 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following: Thence N 23°25'36" E 950.12 feet to a point of curvature; Thence 148.92 feet along a curve to the left, said curve having a radius of 200.00 feet, a central angle of 42°39'48", a tangent of 78.10 feet and a chord of 145.51 feet which bears N 2°05'42" E to a point of tangency; Thence N 19°14'12" W 150.61 feet to a point of curvature; Thence 160.51 feet along a curve to the left, said curve having a radius of 250.00 feet, a central angle of 36°47'12", a tangent of 83.13 feet and a chord of 157.77 feet which bears N 37°37'48" W to a point of tangency; Thence N 56°01'24" W 43.02 feet to a point on the north line of said Section 29; Leaving said centerline: Thence S 89°36'38" E 476.32 feet to the east 1/16 corner common to Sections 20 and 29; Thence N 0°11'31" E 25.00 feet along the west line of the SE'/4 of the SE'/4 of Section 20, T. 3N., R. 1 E., B.M., to a point on the north right-of-way of Victory Road; Thence S 89°36'44" E 670.68 feet along said north right-of-way to a point on the east line of the west'h of the SE'/4 of the SE'/4 of said Section 20; 0308\legal.des .~ ,'"` Thence S 0°28'30" W 1316.05 feet along said east line and the east line of the west'/2 of the NE'/4 of the NE'/4 of said Section 29 to a point; Thence S 89°37'11" E 670.98 feet to a point on the east line of said Section 29; Thence S 89°32'15" E 25.00 feet to a point on the east right-of-way of Eagle Road; Thence S 0°27'45" W 30.00 feet to a point on the south line. of the NW'/4 of the NW'/4 of Section 28; T. 3N., R.1 E.; Thence N 89°32' 15" W 25.00 feet to the southeast corner of the NE '/4 of the NE '/4 of said Section 29; Thence N 89°37'11" W 1338.92 feet to the southwest corner of the NE'/4 of the NE'/4 of said Section 29; Thence S 0°21'39" W 1321.14 feet to the southeast corner of the SW'/4 of the NE'/4 of Section 29: Thence N 89°37'43" W 1336.57 feet to the southwest corner of the NE '/4 (center '/4 corner) of said Section 29; Thence N 89°38'09" W 2679.90 feet to the southwest corner of NW'/4 (west'/4 corner) of said Section 29; Thence S 89°44'17" W 25.00 feet along the south line of the SE'/4 of the NE'/4 of Section 30, T.3N., R.1E., B.M., to a point on the west right-of-way of Locust Grove Road; Thence N 0°14'24" E 1323.09 feet along said west right-of-way to a point on the north line of the SE'/4 of the NE'/4 of said Section 30; Thence S 89°45'36" E 25.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 156.21 acres, more or less. Michael E. Marks, PLS, No. 4998 ~~' ~ ..e.~ ? N~'A44~ B. ~'` 0308\legal.des Sep-22-00 02:SiP The Westpark Ca 2088889947 P.02 ,.,~, ~, REQUEST ANNEXATI4NlPUD AND SUBDIVISION APPROVAL TUSCANY 1~4KES SUBDIVISION CITY OF MERIDIAN, IDAwO Septerril~er ~t2, ~D00 applicatioh of Tuscany LakE Subdivision Approval gfthe ,does hereby submit to the City of Meridian livision for the purpose of ahnexation, PUD and tv(ies) described within. of The Westpark Go. Inc., Managing Partner of Gem Park If ACKNOWLEDGMENT -Corporate STATE OF IDAHO } )~ County of Ada ) On this ~_ day of S en ~e r~ b ~- , in the year of 2000 , before me Marilee L. Boncz , a .notary public, personally 21pp~ared (~~~~~ ~~~ ~ known or ident~fi~ed to me to be the ~r~es ; ~ ~ n Of the corporation that executed the within instrument on behalf of said corporation, and acknowledged. to me that such corporation executed the same and acknowledged that the same was signets as a free and voluntary act and deed for the uses and purposes herein mentioned. G"Wren under my hand and official seal this ~ a day of ,T, 2000 .•'~4tiyS°p~' eo ~~~'. •' c~ ~~ ~oT"Rr * "~~• 1DUSLI.G .~ Notary Public, for the State of Idaho Residing at Meridian, Idaho My Commission Expires: 6129!2002 SEP-22-2000 15=03 2088889947 %/. P.02 AFFIDAVIT OF LEGAL INTEREST -r. STATE OF IDAHO ) ss COUNTY OF ADA ) I, ~ f ~ ~ ~ Addre; Dame=~ . ,~ ~ ~ ~ - ~~ ~~ ~~ ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission tom ' (name) (address) g3G8~ to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~_ day of ~ Qn r-.. ~e,r -, _~ i~~ w / is % / SUBSCRIBED AND SWORN to before me the day and year first above written. o•`'~P~L ~~aO'',., o ~pT AR y '. • °°~~ 9?'L of Z9.~•°~ Not ry Public for Idaho Residing at My Commission Expires: t~ c~ 9 ~ 5 Au :?s 2'.-3--00 03 : 03P The Westpark Co ~ 2088889947 P . 02 AFt:Iaavlr of I iNTIcRESt STATE OF IDAWO ) ) ss COUNTY OF ADA ) 1. Name Address Boise. -- tpb-) being first duly sworn upon oath, depose and say: 'f , That I am the record owner of the pt' party described on the attached, and I grant my permission to Gen Pic II Rip P.O. Box 344 hte~~ian Id. B36B0 (name) iaddress) to submit the accompanying appl' 'on pertaining to that property. M 2. I agree to indemn'~fy. defend and hold the Ci[y of Meridian and ifs employees harmless from any daim or liability n.suiting from a y dispc~be es to the statements contained herein or as to the ownership of the prope which is the sub}act of the application. Dated this ~ day of se~,~err,,,,._„._,,,,.,,, ,>~t 2000. Y w (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. -.. - _ . . - . . /: ." ~ ~ ~ - - - Notary Pubii aho . ~ -- -. Res+ding at - ^ ~ My Commission Expires: 4 `Z~ 5 Z00'd IOZSZ1980Z~'(3~, '1~~31~t[0~3~1NIOd}{~dd £fi~St (NOIt100,II-'d3S 89/0a/2000 e9:06 861-a8~. _1`! ~itG. -30' 0!tl11~p1 1 i : l~ P4RkPr~iNTECt~NMERrla p-u~-29-Op o3:03P TF+Q Westpsrk Crt STAB OF~MA~}}c,-11 ) couNinr ol~~ ~-~,~ ~ t, .-~ M K CHfdUYV • '~" "` TEL::Q86'28101 P. 002 208988997 .~~ aF~itaAVfroF e.~aa~ tlu~~sT es ,D~~~ rr ~2H~~q r~s ~ OI'~ q~a9/~~' address ~r2 d ~~, ~ °t ~,~ ~ ~-(00~. being drat duly sworn upon (C1ty) {state) oath, depose and say: 1. 'T'hat ~ am the record Owner otthe property desetibed on fhe att8ched, and 1 gran! my permission to Gem Park II Partnership PO Box 344, Meridian, ID 83680 (Hants) - (address) to submit the accompanying epppcagan perfelning to that prope+iy. ~~ 2. t e$t+ee io indemnliy, defend and hold t?~e t~ of Mend~ast end ids employees hamttess irQm any dalm yr lleb0+ty Q from arty dispute ~ !o rite statem~ttts contslned herein ,fx es to the ownership of the property whlCh is the subject of the applkatlon. dgted this ..rL,.~. day of ~~ ~~C~'1 ~ : - ~„-~ 0. a ~-.- 'r G {Signature} SUBSCRIaEa AND S1NbRN to before me the day and year first ttbovc wrlttQn. SHANNON lUClCEI'T ~ e M7TARYP~I~C•StA/Ea~UbW 2f o~ N. CANYQN FtD. '~ PAQVO. UTAH 8604 ~~ ' ' ~ GOMM. EXP. 1.16.2003 Nntfary Public a RoSidir~g al E~ GY/D My Comrniaslon Expires: I00 'd IOZ8ZC980Z ~'13J, ']0~3WI~003,LN lOdN1I~d Zfi ~ Si INOIt) OU ,I i- ~d35 :i27 oil .~~ '~ J. D.'.Y,~::. .:SRO ~ECO~;,E~ EY ~J "7 , ~, -~~~~. ,n ~= '92 NOU 18 ~('1 ~ 22 FOR VALUE RECEIVED, Douglas W. Burnett and Jean urnett, GRANTORS, do hereby GRANT, BARGAIN, SELL AND CONVEY unto Douglas W. E3urnett and Jean R. Burnett, Successor Co-Trustees of the Burnett Family Trust, dated February 12, 1988, and as amended November i7, 1992, GRANTEES, whose current address is Box 179, Donnelly, Idaho, 83415, the following described real property in Ada County, State of Idaho,. more particularly described as follows, to-wit: Parcel 1 The Southwest lja. of the Northeast 1/4 of Section 29, Town,~hip 3 North, Range ] Fast, Boise Meridian, Ac1.~ C'uunty, Idaho, Parcel 2: The Northeast l/4 of the Northeast 1/4 and the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 29, Township 3 ldorth, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPTING FROM THE-ABOVE TWO PARCELS, THE FOLLOWING: 1. ~ A tract of land situated in the Northeast i/4 of the Northeast l/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more_particular- ly describEd .as followsi . Beginning at~ the -Northeast Section :corner of said Section 29., thence South 00°32'50" West along."the East Suction Line of said,Section 29 ~a distance.. o:f 660.46-feet, thence North 89°36'46" West a distance,of 3.0..00 feet to the REAL 4 POINT OF BEGINNING: Thence: South 00°32'50" Wef;t a distance of 300.46 feet, thence North 89°37'02" West a distance of 63.9.49 feet, thence North 00°28'30" East a '1 distance of 300.:54 feet,. thence South 89°36'46" East a distance of 639.86 feet, to the REAL POINT OF BEGINNING. .' ,' 2. Beginning at the Northeast corner of the Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise ~ ~ Meridian, Ada County, Idaho., thence West. on the Section ~ line 330 feet; thence South 660 feet on a line parallel O to the ::xst line of said Section line, thence East ~30 ~~ feet to the East line of said Section line, thence North 6G0 feet to ei:e Point of beginning. WARRANTY DEED - 1 -The. ..part of the .East,i/2, of the Northwest 1/4, ' No .theast 1/4 of'Section 29, Township;' 3 North,' Range 1 East, Boise,. Meridian, Ada .County, Idaho, lying West, of the Ridenbaugh Canal.. 4. That part of the Southwest 1/4, Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying West of the Ridenbaugh Canal. 5~.~ That part of the Northeast 1/4, Northeast 1/•! of Section 29, Township 3 tdorth, .Range ~ East, Boise Meridian, -more particularly described as follows: Beginning at the Northeast corner of said Northeast 1/4, Northeast 1/4; thence West 330 feet to the real point of beginning, thence continuing West 340.70 feet, thence South GG0.54 feet, thence _;ast 3J9.8G feet, thence North 660.49 feet to the real point of beginning. 6. Commencing 30 feet North of the Southeast corner of the .Northeast 1/4 of the Northeast 1/4 of Section 29, Township 3 North, Range i East, -Boise Meridian, thence North-330 feet on Section line, thence West 660-feet parallel to the North line of the Section line; thence South 330 feet, thence East 660 feet, to the real point of beginning. TO HAVE-AND TO HOLD the said premises, with their appurtenanc- es unto the said .Grantees, their heirs and assigns forever.. And the said Grantors do. hereby covenant to and with the said Grantees that they are the owners in_fee simple of.said premises; that the said:.premises are :free from all. encumbrances., .except as a.matter.of record, and that they will warrant .and defend the same.: .from all lawful. claims whatsoe.ver., DATED This -~ day of .November, 1992. NTORS" ~~ ~` U1~/ iG / '• ~.~?t~~-lam Do las W. Burnett can R. Burnett ~,~~ ~- WARRANTY DEED - 2 AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, Kent Brown, (Briggs Engineering, Inc.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I will personally post the subject property with a hearing notice one week prior to the public hearing for annexation. Dated this day of / ~~a~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. W'$~,% .~ p R Y ~'~, ~ ~~~~~ G ~ s PuBti 'ti. ~ otary Public Idaho Residing at D My Commission Expires: .~ 990211 \affid-posting AFFIDAVIT OF ACCURACY STATE OF IDAHO ) ss COUNTY OF ADA ) I, Kent Brown (Brigs Engineering Inc) 1800 W. Overland Road (name) (address) Boise Idaho, 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this day of ~ C~~C/ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. .~•4~R MOO ~'•.. '~.~' ;: f ~ AR Y •• : '•; otary Publ for Idaho ~o ~ _~ s Residing at o ~~}~}~ ~~ ~G~ z ~ ~ pU81' ,~~; My Commission Expires: .~.~ ~• '•.._A TE O _..••' 990211 \affid-accuracy ROBERT L. ALDRIDGE, CHARTERED Attorney at Law 1209 North Eighth Street Boise, Idaho 93702-4297 Telephone: (208) 336-9880 Fax: (208) 336-9882 WARRANTY DEED GRANTOR: Wanner-Buckner Partnership, an Idaho general partnership, 4225 South Riva Ridge Way, Boise, Idaho 83709 GRANTEE: Kenai Partners LLC, an Idaho limited liability company PROPERTY DESCRIPTION: See attached. FOR VALUE RECEIVED, Grantor does hereby grant, bargain, sell, and convey unto the Grantee the above described property; TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. Grantor does covenant to and with the said Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED August 25, 1999. Wanner-Buckner Partnership alt Wanner, Managing Partner STATE OF IDAHO ) ss COUNTY OF ADA ) On this August 25, 1999, before me, a Notary Public in and for said State, personally appeared Walt Wanner, known or identified to me to be the Managing Partner of Wanner- Buckner Partnership and to be the person whose name is attached to the foregoing instrument and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. ~~,.o..n.... ~y~ •lo rd~~ Notary Public for Idaho ~ ~ ~ ~ o~ Residing at o~ '~'~f~~ ~ ,h My Commission expires on ,~~yO * ~ R~-d6ro M MM ~m~~0"M~ s ~t idi2~4 ,., ,•. 'PARCEL I A parcel of land situated in the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of the South half of the Northwest quarter and a portion of the Northwest quarter of the Northwest quarter of said Section 29, as shown in Record of Survey No. 2464, as on file in the Office of the Recorder for Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the POINT OF BEGINNING, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29 marked by a 5/8" iron pin; thence along the South line of the said Northwest quarter of the Northwest quarter South 89°50'51" East 520.48 feet to a point marked by a 5/8" iron pin; thence leaving the said South line of the Northwest quarter of the Northwest quarter' North 51°43'15" East 87.93 feet to a point marked by a 5/8" iron pin; thence North 46°15'38" West 150.80 feet to a point marked by a 5/8" iron pin; thence North 17°46'39" East 385.83 feet (formerly North 17°47' West) to a point marked by a 5/8" iron pin; thence South 73°02'34" East 775.45 feet (formerly South 73°04' East) to a point marked by a 5/8" iron pin, said point being on the East line of the Northwest quarter of the Northwest quarter of said Section 29; thence along the East line of the Northwest quarter of the Northwest quarter of said Section 29 South 0°00'01" West 302.16 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the North line of the South half of the Northwest quarter of said Section 29 South. 89°50'51" East 1340.19 feet to a point marked by a 5/8" iron pin, said point being the Northeast corner of the South half of the Northwest quarter of said Section 29; thence along the East line of the South half of the Northwest quarter of said Section 29 South 0°00'41" West 1321.50 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of the South half of the Northwest quarter of said Section 29; thence along the South line of the South half of the Northwest quarter of said Section 29 North 89°52'37" West 2679.86 feet to a point marked by a brass cap, said point being the Southwest corner of the Northwest quarter of said Section 29; thence along the West line of said Section 29 North 0°00'24" West 1322.89 feet to the POINT OF BEGINNING. EXCEPTING TF~E~F~2OM: A parcel of land consisting of the lands conveyed to the United States of America in the deeds filed in Book 82 of Deeds at Page 281, Instrument No. 27944, and in Book 83 of Deeds at Page 318, Instrument No. 29116, in the Office of the Recorder of Ada County, Idaho, as shown on Record of Survey No. 2464 filed in the said Office of the Recorder for Ada County, said parcel being situated in the Southeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southwest quarter of the Northwest quarter South 89°50'51" East 1340.0 feet to the Northwest corner of the .~. a point; thence South`23°27'37" East 129.38 feet (formerly South 23°35' East 129.3 feet) to a point on the South boundary of the said Southeast quarter of the Northwest quarter; thence along the said South boundary North 89°52'37" West 65.45 feet (formerly West 65.5 feet) to a point; thence leaving the said South boundary North 23°27'37" West (formerly North 23°35' West) 50.00 feet to a point; thence South 73°27'23" West (formerly South 73°20' West) 159.70 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 198.44 feet to a point; .thence South 10°00'51" East (formerly South 10°10' East) 19.74 feet to a point; thence North 89°50'51" West (formerly West) 61.00 feet to a point; thence North 10°00'51" West (formerly North 10°10' West) 46.81 feet to a point; .thence North 67°47'37" West (formerly North 67°55' West) 9.59 feet to a point; thence North 10°02'37" West (formerly North 10°10' West) 68.00 feet to a point; thence North 45°30'51" West (formerly North 45°40' West) 223.37 feet to a point; thence North 25°15'51" West (formerly North 25°25' West) 260.80 feet to a point; thence North 12°09'51" West (formerly North 12°19' West) 376.00 feet to a point; thence North 1°38'09" East (formerly North 1°29' East) 331.20 feet to a point; thence North 33°18'51" West 71.93 feet (formerly North 33°28' West 72.00 feet) to a point on the said North boundary of the Southeast quarter of the Northwest quarter; thence along the said North boundary South 89°50'51" East 71.94 feet (formerly East 71.8 feet) to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. PARCEL1"~TI A parcel of land situated in the Northeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the South boundary of the said Northwest quarter of the Northwest quarter South 89°50'51" East 1340.09 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the said Northeast quarter of the Northwest quarter which point is also the POINT OF BEGINNING; thence along the West boundary of the said Northeast quarter of the Northwest quarter North 00°00'01" East 302.26 feet to a point; thence leaving the said West boundary of the Northeast quarter of the Northwest quarter South 73°02'34" East 66.31 feet to a point on the centerline of the Eight Mile Lateral; thence along the said centerline South 5°00'43" East 111.17 feet to a a point of curvature; thence continuing Southeasterly 123.47 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 28°17'48" and a long chord which bears South 19°09'37" East 122.22 feet to a point of tangency; thence continuing South 33°18'31" East 6.10 feet to a point of curvature; thence said Southeast quarter of the Northwest quarter of Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southeast quarter of the Northwest quarter South 89°50'51" East (formerly East) 181.90 feet to the POINT OF BEGINNING; thence leaving the said North boundary South 33°18'51" East (formerly South 33°28' East) 51.20 feet to a point; thence South 1°38'09" West (formerly South 1°29' West) 342.80 feet to a point; thence South 12°09'51" East (formerly South 12°19' East) 361.80 feet to a point; thence South 25°15'51" East (formerly South 25°25' East) 243.20 feet to a point; thence South 45°30'51" East (formerly South 45°40' East) 245.90 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 47.78 feet to a point; thence South 67°47'37" East (formerly South 67°55' East) 215.19 feet to a point; thence North 73°27'23" East (formerly North 73°20' East) 191.70 feet to (Continued) ,i-~ continuing Southeasterly 49.96 feet along the arc of a curve to the right having a radius of 350.00 feet, a central angle of 8°10'43" and a long chord which bears South 29°13'09" East 49.92 feet to a point on the South boundary of the said Northeast quarter of the Northwest quarter; thence along the said South boundary of the Northeast quarter of the Northwest quarter North 89°50'51" West 146.46 feet to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. ROBERT L. ALDRIDGE, CHARTERED Attorney at Law 1209 North Eighth Street Boise, Idaho 93702-4297 Telephone: (208) 336-9880 Fax: (208) 336-9882 WARRANTY DEED GRANTOR: Wanner-Buckner Partnership, an Idaho general partnership, 4225 South Riva Ridge Way, Boise, Idaho 83709 GRANTEE: Kenai Partners LLC, an Idaho limited liability company PROPERTY DESCRIPTION: See attached. FOR VALUE RECEIVED, Grantor does hereby grant, bargain, sell, and convey unto the Grantee the above described property; TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. Grantor does covenant to and with the said Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED August 25, 1999. Wanner-Buckner Partnership ~~~ ~ ~ alt Wanner, Managing Partner STATE OF IDAHO ) ss. COUNTY OF ADA ) On this August 25, 1999., .before me, a Notary Public in and for said State, personally appeared Walt Wanner, known or identified to me to be the Managing Partner of Wanner- Buckner Partnership and to be the person whose name is attached to the foregoing instrument and acknowledged to me that said partnership executed the same. 1 IN WITNESS WHEREOF, f have hereunto placed my official hand and seal the day and year in this Certificate first above written. Residing at My Commission expires on ~ ~~ ~ an. Idaho . es 11•12.p4 2 .-. ~~~ ~. PARCEL I A parcel of land situated in the Northwest quarter of Sec ' Township 3 North, Range 1 East, Boise Meridian, Ada Countylon 29, Idaho, being all of the South half of the Northwest quarter and a portion of the Northwest quarter of the Northwest quarter of said Section 29, as shown in Record of Survey No. 2464, as on file in the Office of the Recorder for Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the POINT OF BEGINNING, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29 marked by a 5/8" iron pin; thence along the South line of the said Northwest quarter of the Northwest quarter South 89°50'51" East 520.48 feet to a point marked by a 5/8" iron pin; thence leaving the said South line of the Northwest quarter of the Northwest quarter' North 51°43'15" East 87.93 feet to a point marked by a 5/8" iron pin; thence North 46°15'38" West 150.80 feet to a point marked by a 5/8" iron pin; thence North 17°46'39" East 385.83 feet (formerly North 17°47' West) to a point marked by a 5/8" iron pin; thence South 73°02'34" East 775.45 feet (formerly South 73°04' East) to a point marked by a 5/8" iron pin, said point being on the East line of the Northwest quarter of the Northwest quarter of said Section 29; thence along the East line of the Northwest quarter of the Northwest quarter of said Section 29 South 0°00'01" West 302.16 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the North line of the South half of the Northwest quarter of said Section 29 South 89°50'51" East 1340.19 feet to a point marked by a 5/8" iron pin, said point being the Northeast corner of the South half of the Northwest quarter of said Section 29; thence along the East line of the South half of the Northwest quarter of said Section 29 South 0°00'41" West 1321.50 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of. the South half of the Northwest quarter of said Section 29; thence along the South line of the South half of the Northwest quarter of said Section 29 North 89°52'37" West 2679.86 feet to a point marked by a brass cap, said point being the Southwest corner of the Northwest quarter of said Section 29; thence along the West line of said Section 29 North 0°00'24" West 1322.89 feet to the POINT OF BEGINNING. EXCEPTI T„ ~, .~QM: A parcel of land consisting of the lands conveyed to the United States of America in the deeds filed in Book 82 of Deeds at Page 281, Instrument No. 27944, and in Book 83 of Deeds at Page 318, Instrument No. 29116, in the Office of the Recorder of Ada County, Idaho, as shown on Record of Survey No. 2464 filed in the said Office of the Recorder for Ada County, said parcel being situated in the Southeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 29, a point marked by a 5/8"-iron pin; thence along the North boundary of the said Southwest quarter of the Northwest quarter South 89°50'51" East 1340.0 feet to the Northwest corner of the • ,.. ~ said Southeast quarter of the Northwest quarter of Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southeast quarter of the Northwest quarter South 89°50'51" East (formerly East) 181.90 feet to the POINT OF BEGINNING; thence leaving the said North boundary South 33°18'51" East (formerly South 33°28' East) 51'.20 feet to a point; thence South 1°38'09" West (formerly South 1°29' West) 342.80 feet to a point; thence South 12°09'51" East (formerly South 12°19' East) 361.80 feet to a point; thence South 25°15'51" East (formerly South 25°25' East) 243.20 feet to a point; thence South 45°30'51" East (formerly South 45°40' East) 245.90 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 47.78 feet to a point; thence South 67°47'37" East (formerly South 67°55' East) 215.19 feet to a point; thence North 73°27'23" East (formerly North 73°20' East) 191.70 feet to (Continued) u ~` ~ a point; thence South'23°27'37" East 129.38 feet (formerly South 23°35' East 129.3 feet) to a point on the South boundary of the said Southeast quarter of the Northwest quarter; thence along the said South boundary North 89°52'37" West 65.45 feet (formerly West 65.5 feet) to a point; thence leaving the said South boundary North 23°27'37" West (formerly North 23°35' West) 50.00 feet to a point; thence South 73°27'23" West (formerly South 73°20' West) 159.70 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 198.44 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 19.74 feet to a point; thence North 89°50'51" West (formerly West) 61.00 feet to a point; thence North 10°00'51" West (formerly North 10°10' West) 46.81 feet to a point; .thence North 67°47'37" West (formerly North 67°55' West) 9.59 feet to a point; thence North 10°02'37" West (formerly North 10°10' West) 68.00 feet to a point; thence North 45°30'51" West (formerly North 45°40' West) 223.37 feet to a point; thence North 25°15'51" West (formerly North 25°25' West) 260.80 feet to a point; thence North 12°09'51" West (formerly North 12°19' West) 376.00 feet to a point; thence North 1°38'09" East (formerly North 1°29' East) 331.20 feet to a point; thence North 33°18'51" West 71.93 feet (formerly North 33°28' West 72.00 feet) to a point on the. said North boundary of the Southeast quarter of the Northwest quarter; thence along the said North boundary South 89°50'51" East 71.94 feet (formerly East 71.8 feet) to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. f: PARCE`~II A parcel of land situated in the Northeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the South boundary of the said Northwest quarter of the Northwest quarter South 89°50'51" East 1340.09 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the said Northeast quarter of the Northwest quarter which point is also the POINT OF BEGINNING; thence along the West boundary of the said Northeast quarter of the Northwest quarter North 00°00'01" East 302.26 feet to a point; thence leaving the said West boundary of the Northeast quarter of the Northwest quarter South 73°02'34" East 66.31 feet to a point on the centerline of the Eight Mile Lateral; thence along the said centerline South 5°00'43" East 111.17 feet to a a point of curvature; thence continuing Southeasterly 123.47 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 28°17'48" and a long chord which bears South 19°09'37" East 122.22 feet to a point of tangency; thence continuing, South 33°18'31" East 6.10 feet to a point of curvature; thence ... „~: continuing Southeasterly 49.96 feet alon having a radius of 350.00 feet the arC of a curve to the right So thc29yd Which bears a central angle of 8°10'43" °13 09 East 49.92 feet to and a of the said Northeast a Point on the South boundary along the said South boundary of the Northwest Northwest Y of the Northeast quarter; thence North 89°50u51ter quarter of the West 146.46 feet to the POINT OF BEGINNING. EXCEPT ditch and road right of ways, n June 29, 2001 CUP 00-052 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2001 APPLICANT Gem Park II Partnership ITEM NO. E REQUEST Findings -CUP to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision - s/o Victory Road and w/o Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ~/ CENTRAL DISTRICT HEALTH: f; n ~~ NAMPA MERIDIAN IRRIGATION: ~"`'~ ~~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~~~ ~'~~~~1 Date: ~ ~ DI Phone: ,3~9'`°t~~~ ,''~ Materials presented at public meetings shah become property of the City of Meridian. ~ n ~~EIVED interoffice ~~ z s Zoos MEMORANDUM ~J?`~~ ®F MERII)IAr To: William G. Berg, Jr. From: William F. Nichols Subject: TUSCANY LAKES SUBDIVISION BY: GEM PARK II PARTNERSHIP / CUP-00-052 Date: June 26, 2001 will: Please find enclosed the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT, in the above matter. I have prepared the Findings and Order pursuant to City Council's action taken at their June 19, 2001, meeting. This matter will be heard at their Tuesday, July 3, 2001, meeting. If you have any questions on this matter please advise. \\NPA NTS40 PDC\SERVER_Z\Worlc\M\MeridianuVleridian 15360M\Tuscany Lalces Sub AZ-00-023 PP-00-024 CUP-00- 052\CityCllcCUP052 Dismi ssalOrder. doc /'ti ~- June 15, 2001 CUP 00-052 MERIDIAN CITY COUNCIL MEETING June 19, 2001 APPLICANT Gem Park II Partnership ITEM NO. REQUEST Conditional Use to construct a planned development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision - s/o Victory and w/o Eagle AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous Item Packet (i ~~uJ ~. f~F 4~ ~~ OTHER: Contacted: K~.~ ~" r!;t ~ ~~'~`r` I~~ Date: ~' S,, ~ ~ Phone: (~;~,/~~'~~ e~. ~'r1 Matertcls presented at public meetings shall become property of the City of Meridian. .-, . " RECEIVED Dear Steve, JUN 19 2001 CITY OF MERIDIAN On April 11, 2001, I provided you with a letter stating that the proposed location of Tuscany Way, off of Victory Road, conforms to ACHD policy. I also included in that letter that Joe Rosenlund, an ACHD traffic engineer determined that to be the best location. Kent Brown approached me again with concerns from the Planning & Zoning Commission. Last week I met with Mr. Rosenlund, Mr. Brown, and a resident who lives on the north side of Victory Road who has concerns about vehicle lights shining on to his home. It has come to my attention that a suggestion has been made to re-align Tuscany Way with the main entrance to Thousand Springs Subdivision. According to Mr. Rosenlund, that intersection grade "barely" meets our standards, but that the grade cannot be reduced in that location because of a high pressure gas line that cannot be relocated. Mr. Rosenlund again went out and evaluated the site distance problems that currently exist on Victory Road and offered the following comments: • I would rather have the street intersect Victory where it is presently proposed. • The alignment with the Thousand Springs access is acceptable but marginal. • In no case would I allow a school crossing at the Thousand Spring access location, it would need to be at the crest of the hill, at the currently proposed intersection or at Eagle. • Should the City of Meridian require the applicant to align Tuscany Way with the Thousand Springs entrance, this item will have to be re-heard by the ACRD Commission for review and approval. Should you have any questions or comments, please contact me at 387-6170. If I am not available, please call Joe Rosenlund at 387-6140. Sincerely, Christy Richardson Principal Development Analyst cc: Project file Kent Brown, Briggs Engineering 2 ,~~ ~~~~ ~ Ada County Highway District .ludo Peavev_nerr President 318 East 37th Street Dave Bivens, 1st Vice President Garden G~ty lU tf3/14-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us June 1, 2001 Steve Siddoway City of Meridian 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 Re: Tuscany Lakes Subdivision i -~. ~-. PUBLIC HEARING E,E~EIVED SIGN-UP SHEET JUN 19 2001 fltT1~ ~r C~A~ ~'~~~~.~~ DATE ._~ ~ r~~ l~-~ ~ ZC~ 1 1 ~ ~~`~~~~ ~f C? . I 1 PROJECT NUMBER ~=~t~ ~ ~~L - ~ ~~, ,fir--~ PROJECT NAME ~__ ~ : 11 i. ~ = ~ , ,.Y _. NAME FOR AGAINST ~ ~ X ~ ~ ~-% I / A C~c..~~ -~, ~. ~'~ v May 31, 2001 CUP 00-052 MERIDIAN CITY COUNCIL MEETING June 5, 2001 ITEM NO. n ~ =~` `~ APPLICANT Gem Park II Partnership REQUEST Conditional Use to construct a planned development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision - s/o Victory and w/o Eagle AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached P ~ Z Item Packet See attached Recommendations p\ ~\~`~~ C~ ~ ,, `> ,~ Date: ~` ~f Phone: ~- ~ ~ f ~ r Contacted: 2~ f ~y~~l~Jv y~ ~ Materials presented at public meetings shalt become property of the City of Meridian, -"~ WHITE PETERSON ~1 WxITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS CfII21STOPHER S, NYE JUi.rE KtEn+r FISCI~R PIm.iP A. PETER30N WM. F. GictRAY, Iu ERrc S. RossMAx BRENT J. Joru,*sox TODD A. RossMAx D. SAMUELJOHN90N DAVID M.SWARTLEY LARRY D. MOORE TERRENCE R. WFnrE"' Wn.LIAM A. MoRROw xlcxoLAS L. woLLEx Wn.LU.M F. NfCHOLSf 'Also admitted in OR "' Also admitted in WA ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUITE 31 POST OFFICE BOX1150 MERIDIAN,1DAt-to 83680.1150 TEL (208)288-2499 FAx (208) 288s2501 E-MAU.: @wrrMa.coM NAMPA OFFICE 5700 E, aRAxxi.IN Rn., sTE. 200 NAMPA, IDAHO 83687-8402 TEL. (208)466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~~~~ To: Staff Applicant Affected Property Owner(s) Re: Application Case No. May 22, 2001 CUP-00-052 MAY 31 2001 City of Meridian City Cl~:rk ®ffice FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findin sand Recommendations of the Planning and Zoning Commission, and ~e prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is le ible) the Position Statement if you discgree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Pasition Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Pasition Statement to the City Council at the hearing, along with eight (ff} copies. The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Wor7cs and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Office ~~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED RESIDENTLAL DEVELOPMENT Case No. CUP-00-052 RECOMMENDATION TO CITY COUNCIL GEM PARK II PARTNERSHIP Applicant The property is located at the south side of Victory Road, east of Locust Grove west of Eagle Road, Meridian, Idaho. 2. The owner of record of the subject property is Kenai Partners LLC of Boise, Idaho. 3. Applicant is Gem Parlc II Partnership of Meridian, Idaho. 4. The subject property is currently zoned RT. There is, however, an application before the Meridian City Council for annexation and zoning of R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section I 1-7-2. 5. The proposed application requests a conditional use permit for a planned residential development of 349 building lots and 44 other lots. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested RECOMMENDATION TO CITY COUNCIL - I CONDITIONAL USE PERMIT -TUSCANY LAKES SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT -- GEM PARK II PARTNERSHIP by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- I ). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances in accordance with 11-17-1 and 11-17-4. 2. Planned Development Regulations: As a planned development, the Tuscany Lakes Subdivision must comply with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, I2-6-6 General Regulations for Planned Development, and 12-6-7 General Standards for Planned Developments. 3. Modification of District Regulations: The primary purpose for the submittal of a Planned Development/Conditional Use Permit for this application is to request modifications to the standard ordinance requirements. The requested modifications include: RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT - TUSC,.ANY LA.I~ES SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT -GEM PARK II PARTNERSHIP • Lot frontage: Many lots have less than the 80-foot frontage requirement for the requested R-4 zone. The minimum lot frontage appears to be 70 feet on standard lots, 50 feet along street bends, and less than 40 on the bulb-out north of the school site. Block length: The 1000-foot maximum block length is exceeded. • Cul-de-sac length: The 450-foot maximum cul-de-sac length is exceeded by Adriatic Place and Mediterranean Court. • Lot sizes: 91ots are less than the required $,000 s.f minimum. Most lots exceed the minimum lot size. 200+ lots are greater than 10,000 s.f. • Ditch tiling: A waiver from ditch tiling requirements is requested for all waterways on site, including the Ridenbaugh Canal, Ten Mile Creek, Eight Mile Lateral, and Nine Mile Drain. All other ditches are proposed to be piped. • Sidewalks: Ordinance requires sidewalks to be built along both sides of Dartmoor Drive. The applicant is proposing to construct a 10- foot-wide pathway (construction material unknown) along the north side of Dartmoor, and no walkways along the south side. The Planning and Zoning Commission prefers a concrete sidewalk or meandering path on each side of the street. 4. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space per City Ordinance Section 12-6-7-E-5. The applicant has provided The Planning and Zoning Commission with calculations that meet/exceed this requirement. Open space must be improved with landscaping and irrigation to count toward the open space requirement. Unimproved ditch easements and other bare ground/weed areas will not count as open space. The application states that within the major open space areas along the Eight Mile Lateral and Ten Mile Creelc, the developer "would like to slope these areas to create a natural habitat between the home sites and Nampa Meridian's facilities." Please provide additional information regarding the treatment of these "natural habitat" areas. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -TUSCANY LADES SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT -- GEM PARK II PARTNERSHIP Will they be simply left as "natural" unimproved areas, or will they be designed and planted with native species of trees, shrubs, and grasses and provided with appropriate irrigation? 5. Pathways: The applicant has stated verbally that a development feature of the subdivision will be constructed pathways along the Eight Mile Lateral and Ten Mile Creek, connected by micropaths to create a loop. These pathways do not currently show up on any of the plans. The applicant should verify this for the record during the hearing, including construction type and width. The Planning and Zoning Commission supports the provision of the pathways. The pathway adjacent to Ten Mile is required per the Comprehensive Plan. Construction standards and ownership/ maintenance issues must be coordinated with the Parks Department. 6. Stormwater Detention: All areas used for stormwater detention must be designed and built at least to the minimum standards of Ordinance 12-13-14. 7. Open Water Features: All open water features must be approved through the Alternative Compliance process per Ordinance 12-13-18- 2.H. Design details must be submitted through this process to demonstrate adequate circulation and aeration to prevent algae blooms, mosquito breeding problems, etc. Conceptually, The Planning and Zoning Commission supports the water features shown as part of the Conditional Use Permit. 8. All common landscape areas shall be owned and maintained by a homeowners association. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. ey/Z:\Work\M\Meridian\Ivleridian 15360M\Recominendadons\CUP0052TuscanLakes.wpd RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -TUSCANY LADES SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT -GEM PARK II PARTNERSHIP ~. April 30, 2001 MERIDIAN PLANNING 8~ ZONING MEETING May 3, 2001 APPLICANT Gem Park II Partnership /"r ITEM NO. 6 REQUEST Continued Public Hearing -Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision -- south of Victory Road and west of Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See previous Item Packets ~~' C+ U~ ~~,~- ~~<~ c I `' k CUP 00-052 Contacted: _~~';~ C~~f~;l_~Y~ Date: i~. Phone: ,~~~ -c~~~! Materials presented at public meetings shall become property of the City of Meridian. April 16, 2001 CUP 00-052 MERIDIAN PLANNING 8~ ZONING MEETING April 19, 2001 APPLICANT Gem Park II Partnership ITEM NO. q REQUEST Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany lakes Subdivision -- south of Victory Road and west of Eagle Road Cp(}~~n ~ ~ e ~P~ C~- AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: COMMENTS See previous Item Packets ~j~~ !pl i /~ ~i~ ,~ ~ r ~~~, N ~~~ V`" Contacted: ~~-4- ~jY(~I ~ p Date: Phone: s~yy - q~©~ Materials presented at public meetings shall become property of the City of Meridian. April 14, 2001 Planning and Zoning Commission City of Meridian RECE.I~TE,~ APR 161001 City of Meridian City Clerk Office RE: Continued Public Hearing for Tuscany Lakes Subdivision (AZ 00-023, CUP 00-052, PP 00-024) Commissioners: I am writing this letter for inclusion in the Public Record and for your consideration when you have your next meeting on the above referenced proposed subdivision. I have attached a Vicinity Map with annotations to hopefully clarify my comments. As I indicated during the earlier public hearing, we have lived on our property for over 30 years. To the north of our property, Thousand Springs, Thousand Springs Village, and Woodhaven Subdivisions have been developed. To the South now, Tuscany Lakes Subdivision will soon become a reality. We had few objections to the proposed development but were very concerned about the exit from the subdivision onto Victory Road. The proposed exit is across from our East boundary, and when our privacy shrubs are removed sometime in the future for the widening of Victory Road, the vehicle lights of those making a left turn will flash onto our front windows. This will not only be very annoying but also will adversely impact our quality of life. To remedy this problem for us, we are suggesting that the exit road be moved to the West to align with Brandys Jewell which is the exit road from Thousand Springs Subdivision. During the last public hearings there was considerable discussion concerning the school site and walking routes to and from the school. The representative from the school system made several emphatic points: (1) School Children should have an interior walking route which keeps them away from the canal; (2) Some kind of walkway from the North End of the subdivision should continue across Victory Road so children from Thousand Springs could walk to and from school; (3) Some kind of traffic control device would be needed on Victory Road for safety of children crossing the road. I have talked with planners from Ada County Highway District about Brandys Jewell exit onto Victory Road. They indicated that the exit just meets the minimum requirements for an exit. Slightly shaving the hill to the East of that exit would improve line of sight and traffic light installation would greatly improve safety of that intersection. By moving the North exit from Tuscany Lakes Subdivision to the West and aligning it with the Brandys Jewell exit from Thousand Springs Subdivision the following benefits would be realized: r ~-. 1. The problem would be eliminated concerning our property and the vehicle lights striking our front windows when they exit to the West. 2. School Children would have a safe interior walking route (away from the canal) to and from school when walking from the North end of the subdivision or from Thousand Springs area. 3. A walkway would be provided through the subdivision and across Victory Road so students from Thousand Springs, Throusand Springs Village, and Woodhaven Subdivisions could walk to and from school. 4. Permit installation of a traffic light to improve safety of children crossing Victory Road and vehicles exiting both Thousand Springs and Tuscany Lakes Subdivisions. 5. Would allow some improvement to the Brandys Jewell exit as it now exists to improve the safety of that exit. RECOMMENDATION: 1. That you deny that portion of the plan which shows the North exit on the East side of the proposed subdivision. 2. That you direct the North exit be moved to the West to align with Brandys Jewell which is the South exit from Thousand Springs Subdivision. 3. That necessary approvals be obtained for that exit location from Ada County Highway District. 4. That a traffic control device be included in the plans for that intersection. 5. That any necessary safety improvements be considered to improve the overall safety to that intersection. Thanks for your consideration. e .Y g 27 0 E. Victory oa Meridian, ID 83642 ~--. ~, in ~'.. :. . ~ ~~ ~~ '~ t - - o i^~ ~' ~ F.. HUB OF TRF.4SURE L:AII,EY 1[:\YOR ~ .1 good Placc to Lne ^ LEG<\L DEP\IYI1iF:~;1• Robert L7. Gxrie (308) .'.88-'499 • Fax 338-301 CITY OF MERIDI~~N cn~ cot~crL ~rF~tirB~:rs P~-BLIC \colus Ro~i _u~t~r,~~t 33 EAST IDAHO B~~ILDI~~G DrP.\RTZtF~-r [kith Bird MERIDIAN, I1~11~~0 83CY-~? (=os) 887-'^u Fax 887-t397 T:uimn- de\`ecrd (-08) 884--1433 • FiLZ ('08) 887--k413 PL.~\~1NG <L~I~ "LOi~IING C]~erie \kGutdless City Qerlc Office F.LQ (308) 888-4218 DF.P;\R'1tilEN"1" (308) 8<';-I•-SS.i3 ~ FrL~ 44F~6854 MEMORANDUM: April 13, 2001 To: Planning & Zoning Commission, Mayor & City Council ~~~~~~ From: Steve Siddoway, Planner ~~}~~ Bruce Freckleton, Assistant to City Engineer L~ yl . i ;, Re: ~1$3T Of 1~d9pgG~I~It TUSCANY LAKES SUBDMSION (UPDATE) Ci$y clerk f~ ffice - Request for Annexation and Zoning of 156.21 Acres from RUT (Ada County) to R-4 by Gem Park II Partnership (File #AZ-00-023) - Request for Preliminary Plat of 156.21 Acres for 353 Building Lots and 39 Other Lots (now 349 building lots and 44 other lots on the revised plat) by Gern Park II Partnership for a Residential Subdivision in a Proposed R-4 Zone (File #PP-00-024) Request for a Conditional Use Permit (Planned Development) for Flexible Lot Sizes, Frontage, Block Length, Cul-de-sac length, ditch tiling, and sidewalk requirements. (File #CUP-00-052) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARYBACKGROUND: This Staff report is an update focused on the outstanding issues discussed during the March 15 public hearing with the Planning & Zoning Commission. All previous comments of the 3/13/01 staff report still apply to the project, except as modified by this report. Sewer: The applicant proposed significant changes to the Sewer Master Plan. Those changes have been reviewed by JUB Engineers and their comments are contained in a March 22, 2001 letter to Brad Watson, which has been forwarded to Briggs Engineering (Copy attached). Additional staff comments or modifications to J-U-B's comments are forthcoming, however staff does not believe that there are any issues significant enough to recommend denial of this application. (With approval of Tuscarry Lakes Subdivision, approximately 7S0 ERU's of the 1100 to 1200 ERU's of remaining sewer capacity in the Ten Mile Sewer Trunk are committed until the Ten Mile Relief Line, to be built by the Bear Creek Estates developer, is completed. The construction of the Ten Mile Relief Line will add approximately 1200 AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Update.doc Mayor, Council and P&Z April 13, 2001 Page 2 ,~ more ERL~'s of capacity to the Ten Mile Trunk. The 750 committed ERU's include the previously approved Bear Creek Estates and Observation Point Subdivisions.) Water: Results of water modeling have not been received as of this date. Staff believes that this could be a very significant issue for the serviceability of this development, and therefore we respectfully request that this application be held over until the May 3rd P&Z meeting. Mi rg atin~ Groundwater: We received a letter dated April 6, 2001 from Associated Earth Sciences, J. Evan Merrell, P.E., stating that a drainage system (cut-off drain) will control groundwater on the subdivision to a safe depth. It will also prevent shallow groundwater movement into the land north of the subdivision. The cut-off drains would be on the order of seven feet deep by outletting as deep as possible into Ten Mile Creek. Street Ali nment: Christy Richardson has submitted a letter from ACRD, dated April 11, 2001 stating that they do not want to move the proposed location of Tuscany Way. The proposed location, at the east property line, is the safest. Ridenbaugh Pathway: The Meridian Parks Dept. has determined that they do not want to require a pathway adjacent to the Ridenbaugh (in the area originally shown as Nine Mile Creek). The Applicant should note whether this area will become a common area or become part of the lots, and indicate such on the plat. In lieu of the pathway connection, staffrecommends a micropath that will allow school children walking from the north to access Turin Avenue sidewalks without being forced to walk around to Tuscany Way. The pathways along Ten Mile Creek and the loop through the Eight Mile Creek area should still be required as noted in the previous staff report. School Access: At a minimum, a condition should be added to the plat to allow the school district flexibility in locating the entrance and exit, as site plans are prepared. Staff continues to feel that the current access point is unsafe and that the school is hidden, and will be difficult to find. Wetlands: The letter from the Corps of Engineers may be required prior to the (first phase) final plat. Prior staffreports have required the letter from the Corps prior to the P&Z Commission acting on this preliminary plat. Complete Plat: The applicant should submit a complete plat that includes all proposed modifications, contours, notes, legend, phasing, etc. for the Commission to review, before the project is sent forward to City Council. Prior staff reports have required the modifications to be submitted 10 days prior to the City Council hearing. Recent conversations with Mayor Corrie have made it clear that the Council wants to have the Commission review the revised plans before they go onto the City Council. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Update.doc (J' u March 22, 2001 Brad Watson, P.E. Assistant City Engineer .. City of Meridian 660 East Watertower, 2"d Floor Meridian, ID 83642 Dear Brad: ,-~ J-U-B ENGINEERS, Inc. ENGINEERS SURVEYORS PLANNERS Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 J We have reviewed the preliminary trunk sewer profiles to serve the proposed Tuscany Subdivision for compliance with the intent of the master plan. We offer the following comments. Master Plan Line Sizing Impacts As proposed in this project, Service Areas 2108, 2119, and 2113 are rerouted to serve the Locust Grove Trunk. Correspondingly, the 15-inch Victory Road interceptor is moved to the south, within the developing area. To examine the effects of this reconfiguration, the analysis utilized peak flows predicted in the ultimate master plan model. Pipe 2108 serves the reconfigured service area and has a predicted ultimate peak flow of 1.38 cfs. This flow was added to the master planned 24" and 27" Ten Mile Trunk lines on Locust Grove and Victory Road. Flow attenuation was not accounted for; rather, peak flows were simply combined. Results of the proposed master plan revisions are summarized below and in the attached table: • The extension of the Ten Mile Trunk, north of Victory Road, is shown to be 27-inch, rather than the master planned 15-inch. This upsizing is not warranted. • Flow to the 27-inch trunk from Diversion 7 upstream to Locust Grove Road was not changed; however, the proposed profile shows a slope less than the master plan. A minimum slope of 0.067% is shown rather than the model's 0.10%. The sewer needs to maintain the master plan slope for capacity. • The 27-inch trunk south on Locust Grove Road can accommodate the additional service area change, with ahigher d/D, again assuming a minimum 0.10% slope. • The master planned 24-inch line, east of Locust Grove, will need to be upsized to a 27-inch fine downstream from where the development's 15-inch connects. The proposed plan incorporates this requirement. Upstream of the 15-inch, the proposed plan extends the 24-inch trunk to the south boundary. This is still viable if the 15"-10" interceptor on Locust Grove is constructed to Amity Road. • The 15-inch Victory Road interceptor can be revised to an 8-inch collection sewer. Review of Service Depth Generally, the tines appear deeper than the intent of the master plan. Vertical datums do not correlate; however, elevations of the preliminary plans are five (5) feet lower than the master plan, at a common point on the existing Ten Mile Trunk. Ten Mite Trunk Extension: The proposed extension of the Ten Mile Trunk, south to Victory Road, is shown to be at depths of 24 feet to 26 feet, with a depth of 35 feet in Victory Road. A 27-inch line size (verses 15-inch master plan) is proposed. It is our opinion that this line size and depth is excessive. It appears that the depths are driven by collection sewers along the north project boundary, and the Victory Road sewer east of Locust Grove Road. If the proposed invert elevations at Victory and Locust Grove Roads are held, excavation depths could be reduced on downstream construction by holding minimum slopes to the existing trunk sewer. Clearance under the Ten Mile Creek crossing on Victory Road would still be achievable. Also, l En~~ineers Surveyors Planners ~. Mr. Brad Watson, P. E, March 22, 2001 Page 2 the proposed Manhole MH 8 intercepts Victory Road, at a local high point; thus, the 35-foot depth. The master plan concept for the Black Cat Trunk moved the alignment around this hill by routing south of Victory Road. An alignment should be investigated to avoid this topography. We suggest adopting a minimum slope of 0.10% for construction practicality and capacity concerns rather than 0.067% proposed. Service depth on the 24-inch at the south boundary of the subdivision appears to be at greater depth than the master plan. • The 15-inch sewer extension to Eagle Road appears to be at greater depth than the intent of the master plan. Recommendations • The extension of the Ten Mile Trunk is shown to be 27-inch rather than the 15-inch master planned. i:'e reCCiii~iicnd ~Gr~fCirnin~ t0 t~lL r„aSi2f" piuil ;i~~' SILIs~~ Jf iJ~ lnC!"t, and i'~V15ing tree sewer slopes and depths as described previously to reduce excavation depths. Soil conditions and the ability of soils to dewater vary in the valley; however, we suggest setting a practical excavation limit of 24 feet. There may be some instances where greater depths are needed to conform to the master plan intent, but it does not appear to be the case in this instance. The 35-foot depth offers, in our opinion, very limited operation and maintenance access. We recommend investigating alignment alternatives to avoid the local high point in Victory Road, near the proposed Manhole MH 8. • Minimum slope for the 27-inch trunk should be no lower than 0.10%. • The master plan 24-inch portion of the Ten Mile Trunk, east of Locust Grove requires upsizing to a 27-inch downstream of the 15-inch tine. The proposed plans appear to accommodate this requirement. • The sewer on Victory Road, east of Diversion 8, may be revised to 8-inch. Sewering the area from Victory Road to'/, mile south of Victory Road, may be challenging if extended from the Victory Road sewer. We recommend extending the sewers in the Tuscany streets to the north as far as practical to assist in serving this area. • We recommend adopting a practical construction minimum slope of 0.10% for large diameter sewers, 21-inch and larger, with exceptions only to key trunks identified in the master plan model. • The Ada County mapping project will hopefully have some mapping available this year. Once available, we encourage a review of trunk service depth in critical master plan regions with this updated topographic information. We appreciate this opportunity to assist the City in this evaluation. If we can be of further assistance or if you have any questions, please call me or Richard Wiebe at 376-7330. Sincerely, J-U-B ENGINEERS, Inc. I i ~~ lip H. K ichbaum, Project Engineer PHK:Ihc Enclosures F:projects\11620\Tuscany subd\Tuscany -city memo.doc ~o ~ ' ~ m . cn N cn A ~ ~ C l ~ . N ' Q~ N ~ . ~ ~ I C7 O ~ j ~ ~ ' N rn., o' O ~,' `'G N A ' i ', C ~~ m N '. i ' 6 Ia m ~. o' m ' ~ ~ ~ ~ ~ , 0 ~ 0 ~ i Cn o ~ m ~ m, ~ ~, ~~i ~ ~.i ~ 'o', ~' ~ j ~' a o` I~ 'm '~ ' ' ~' ' o ~' 'm ~ ~ `o i ~ m , ~ ', °; ~ ~ I ~~ it ~ '~ N r ~ r ~ ~ i i ' ' ' ill '. '. ~ ' O '. C O C ', '. ' ! ~ i SS7 IQ , r., m~ ^'. ~ ~, '~ ~. ,~ ~ a' ~, o ~ ' ~ ~ Im ~ ~ i ~ ~ < I v a i y o o. I _ -- C ~ rn ~ m ;v ~ -- - -- A~' ~ Iw -- ~ 'C7 ; - - ~- ~ - - -- -T --, -'~ O 7 '. ^ . (D ~ ~~. O • ~ ~ N ~ i CJ7'~ :N {a N v "N V .~. ~ ~ ~ ~ ~ '~ ~, '~ i ~ '. ~ : - ~ ~ ~ d . !0~. 'O ~ I O ~ 'p ~ Q: rJ ~ ~ ~ rn ~ O " °~' o . W N N N j~. A W fV v O (~ __ _ _ .~ -. ~ O -6' = O -O O ~ ~ Cn N N~ O_ N N N ~ '~ . _ -- _ - N -- O Cn ~ O O ~ ~ ~ O O O O p (D O 00 00 ~ O v -- - ~ _, ~l A ~ - .._ . .. _. ~(D _d ~ 7 O O. O ~ 0, ~ RECEIVED April 19, 2001 APR 19 2001 Meridian Planning and Zoning Commission: City of Meridian City Clerk Office Regarding agenda items: # 7. AZ 00-023. Request for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: # 8. PP 00-024. Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: # 9. CUP 00-052. Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: As my home, located at 1975 East Victory Road, borders a portion of the proposed subdivision, [would like to express the following concerns: 1) The property value of my home should not be adversely impacted by this development. 1 realize this issue is arguable, but I would not have viewed my home in the same light with a subdivision on its border and therefore, would not have paid the price that I did for it. 2) My property, and that of my neighbors, includes several acres. It does not appear that Gem Park II has made any attempt to blend the development densities with that of the existing neighborhood. I would like to see a limitation on the minimum lot size for those lots along the parameter of one acre. 3) I would like a guarantee that development construction dust and debris will be minimized and that neighborhood complaints will be addressed immediately and efficiently. I would like to be provided with contact names and numbers where we might direct these complaints. 4) I would also request that the subdivision separation from existing properties be addressed with each property owner as to the appropriate material acceptable for the mandated fencing. Chain link fencing will not be acceptable along my property. I would definitely be in favor of a six-foot solid wood fence mounted on top of an earthen burn. I have a small pond, approximately four foot deep, which would need protection from children. 5) The developer will deal with overgrowth of weeds and other vegetation on undeveloped subdivision property appropriately. 6) We would also like to have the bordering constructed homes limited to ranch style, single level homes, with no exceptions. This will allow for more acceptance of the compromise to our views and our privacy. 7) We are already experiencing traffic increases due to new area subdivisions. I am certain these will be considered in making your decision. Please feel free to contact me at 846-8310 if you have any questions or concerns. Thank you, PUBLIC HEARING SIGN-UP SHEET RECEDED APR 19 2001. City of Meridian City Clerk Office DATE ~Y ~ I I ~1, 2~ (~ f ~ ~ PROJECT NUMBER ~ (~ ~ (C1.- (~~ ~ PROJECT NAME T(~(S~GU~1/I LQ ~S b March 12, 2001 CUP 00-052 MERIDIAN PLANNING 8~ ZONING MEETING March 15, 2001 APPLICANT Gem Park II Partnership ITEM NO. 6 REQUEST Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision -- south of Victory Road and west of Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See previous Item Packets Cv C ~`~t Contacted: '~~,"Y1-3 ~~ ~Y"1 Date: -=~ .,. Phone: ~?_~-_~ <~, _~a~~`.; > ~, Materials presented at public meetings shall become property of the CNy of Meridian. January 26, 2001 CUP 00-052 MERIDIAN PLANNING 8~ ZONING MEETING February 1, 2001 APPLICANT Gem Park II Partnership ITEM NO. 1 1 REQUEST Conditional Use Permit to consrtruct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision south of Victory Road and west of Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous item packet , ~~ ,~ ~`v~~, ~~ v Y 1J,/~ OTHER: See attached letter dated January 10, 2001 r -~. , f Contacted: ~~ ~~le~~ ~/`~ Date: `'; ~~'~~ Phone: ~~7 ~ ~/%G'C~ Materials presented at public meetings shall become property of the City of Meridian. ~.. ui ~ l 44J LI 74 1 1 YCCI< 1 I VU f i ivy... ? `"~ 1452950 P . 01 Bl~/GGS ENa.I,NEiER/NG. //1C. ~ s Z ~~ ENGINEERS /PLANNERS /SURVEYORS Bo~ ~%, ~~ ~ ~-~ l ker ~7 7v( ~d,,~z I'ebruary t , 2001 Commissioners Meridian Planning Commission 33 East Idaho St. Meridian, ldaho 83642 RE: Tu.s•cany Lakes Suhdivision i)ear Commissioners: R~CE~~r~,r FEg _ ~ ?00~ -. Cit C1ty C eMk ~ flee We revised the preliminary plat to address some of staff concerns about secondary access and se.•t-viceably of sewer for the above referenced proposed development. We sent information to JUB, the City's Consultant, and to city staff: I-Tnwcver. staff has not had the necessary time to review the information. We met with City Parks Department and discussed the proposed l~~trlc sites but have not received any new comments from them. Therefore we support stafif's request to table this item until the model can he completed for sewer and water. If you have any questions or need additional information, plea~;e call. Sincerely, BRI GS ENGI EXING, Inc. Kent Bro Planner KB\fc 0308\P&L.Itr FEB 01 '01 10 55 TOTAL P. 01 1'JlilfaZ/1C'~OCfT nnr^r n. _ _ _ J GVV Oo0 UOJ4~ van-ru-u~ Z:4Ut'M; Page i/i R~°~~D January 10, 2001 Vf~estpark Company, inc. 3b E. Franklin ,Suite 60 14teridian, ID 83642 ,4~~ttn.; Tim Taylor, Vice President Dear Mr. Taytor; JAN 1 0 2001 CI'T'Y OF MERIDIAN PLANN]Nf~ 81; ZONING AI Malaise ~~,C 3580 S. Locust Grove/ ~ji1,~, Meridian, ID 83642 'q/~/ ~ - .. Al 8$4-4bOb c y c F~ ©~pp, ler~ Gf lad fly P ~ owr conversation oa January 4, I thought T would follow up with a letter. 1 feel T ~e let this go too long and do hope to get this problem resolved, e properly that you are developing on South Locust Grove, which you are calling scary Lakes, you had the ground leveled and our irrigation ditch was through that d. You also removed the cement head gates that were there. This makes it impossible me to get live water now. r mentioned pzessurized irrigation as a possible remedy. This would be fine with me ough I would like to see it in writing from Nampa Meridian irrigation District, as they need to permit me to do that. I spoke with them and they. are somewhat concerned ~ me taking to much water at one time and. depleting the upcoming sub-division ;hbors share. We could divide it in two and solve that problem. I just warn to make everything is authorized by them as well as you, and I don't want to wait too long find myself and you in a mess. i to resolve he problem .and do look forward to hearing from r Sin el Al Malaise cc/Meridian Planning & Zoning JAN 10 '01 14 54 aria aoo eon once ~, r1 i"~ ~ECFT~r~, ~. ./q January 30,2001 L.. N ? 9 200, Meridian Plannin and Zoning Cjty C ~ ker'dlaa TO: g l)fp1 ~ ~ REGARDING: Tuscany Subdivision FROM: Mary Morgner DeChambeau I am writing this letter to inform Meridian Planning and Zoning that I will not be able to attend the meeting on February 1st . We have had a recent death in oar family and I will be out of town attending the funeral. Our family farm borders the Tuscany projects on the East, West and South sides. Our family has many concerns about this project. The first plan that was given to the City of Meridian showed a road going across our property. Our family was not informed about this road and we had not given or even indicated our consent to have this road built on our land. We found out through a neighbor. You can understand our wanting to be able to present our concerns in public about this project. I went to the City to see if new plans had been submitted on Friday January 26th. It was my understanding that Briggs Engineering had not submitted a new plan as of last Friday. It makes it hard to present our concerns before the Thursday meeting if the Morgner Family has not had time to see the new plans. I am asking that the Tuscany Subdivision presentation be tabled for the February 1st meeting. We still need information on property lines, drainage, roads, and plans for fences. Our family has been farming our property for over 70 years. We have been a part of the Meridian Community for a long time. We know that changes will occur in our area but feel that we would like to make sure that this new project will not make it difficult for us to farm. Thank you, Mary Morgner DeChambeau (Marleen Morgner Trust) Phone (208) 888-6674 January 2, 2001 CUP 00-052 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT Gem Park II Partnership ITEM NO. 10 REQUEST Conditional Use Permit to consrtruct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision south of Victory Road and west of Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See attached Contacted: ~R-~' --~ See attached comments See attached comments ~'~ No comment ~ Y f~ [~/~ This will not effect MFD ~~ r ~~ - " f )l ( U ~J iA/ J ~ ~~ ~V No comment ~' ~~~ No comment ( ~ y No comment ~ See attached comments ~ ~ ~" l~ ~ ~~~~ ~J See attached comments No objections to this proposal See attached comments See attached comments from resident 1~~~~`-~ Date: ~ ~ ~~1 Phone: ~,~~~ ~~~~ n Materials presented at public meetings shall become property of the City of Meridian. ENGINEERS /PLANNERS /SURVEYORS January 3, 2001 Mr. Berg Meridian City Clerk 33 East Idaho St. Meridian, Idaho 83642 RE: Tuscany Lakes Subdivision Dear Mr. Berg: f~ Z ~B~u~ . ~^ ~-~ ~~~ r s y~ , ' U ~~/ J `~~ o~j~y~y. .y~,Qr~e~' lOO! ~ ~ We have meet with City Staff, and are now preparing additional information about the sewer distribution system and secondary access to the site. We wish to address these issues raised by staff and seek some settlement prior to proceeding to the Planning and Zoning hearing. We are hereby requesting that Commission continue our application until the next available Planning and Zoning meeting so we can provide that information to City Staff . If you have any questions or need additional information, please call. Sincerely, IGGS ENGINEERING, Inc. Kent Br Planner KB\ ~, 0308\P&Z-hold-ltr AIAl'OR Robert D. G~rrie CTlY COU2vCIL MF.MI3ERS Ron A~~~ou ~~ Bird Tarcuxry deWeead Cherie McCandless MEMORANDUM: ,.~ HUB OF TREASURE VAI,I,F_'Y ,~,~ r1 Good Place to Live cl~ of ~~~N 33 EAST IDAHO IVIF:RII~IAN, IDAHO 83C>~? (208) 888-4333 • F.AX (208) 887-4813 City Qerk Office Fax (208) 888-4218 To: Planning & Zoning Commission /Mayor & City Council From: Steve Siddoway, Planner ~~-----°- Bruce Freckleton, Assistant to City Engineer 4~ LEGAL DEP_gRT~1II~T (208) 2SR-?499 • Fas 288-2501 PUBLIC WORKS BLTLDING DEPARTNfENT (208) 887-2211 • Fax 887-1297 PLr1Ni\TING AND ZONING DEPARTMENT (2.08) 884-5533 • FAX 888-6854 December 5, 2000 .I~~c~ O 1~n ~It EC ~ 6 ZooO ~.l 0 .,1t~, ~p~Mo:,j~ien Re: TUSCANY LAKES SUBDIVISION =';;~3~, - Request for Annexation and Zoning of 156.21 acres from RUT (Ada County) to R-4 for Tuscany Lakes Subdivision by Gem Park II Partnership (File #AZ- 00-023). Request for Preliminary Plat of 353 Lots by Gem Park II Partnership for a residential subdivision in a proposed R-4 zone (File #PP-00-024). Request for a Conditional Use Permit for a Planned Development by Gem Park II Partnership for flexible lot sizes, frontages, and block length (File #CUP-00-052). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.• APPLICATIONS SUMMARY The subject applications propose to annex and preliminarily plat approximately 156 acres consisting of 353 single-family buildable lots, 39 common Iots, and a school site; with a Planned Development for flexible lot sizes, frontages, block length, and cul-de-sac length. SURROUNDING PROPERTIES Surrounding properties on all sides of the project include working farms and rural residential uses, zoned RUT. The area north of the section that extends to Victory Road includes Thousand Springs Subdivision, zoned R-4. CURRENT OWNERS OF RECORD The Burnett Family Trust and Kenai Parners, LLC are listed on the Warranty Deeds submitted with the application and have submitted consent for the applications. However, the deed for the Kenai Partners property has not been recorded. According to the County Assessor's office, the property shown on that deed is actually owned by Walter T. Sigmont, Jr. and Raymond C. Smith, not by Kenai Partners nor by the Wanner-Buckner Partnership, who is shown as the grantor on AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Sub.AZ.PP.CUP.doc .-. Mayor, Council and P&Z December 5, 2000 Page 2 the unrecorded deed. The applicant needs to clarify the current ownership, by submitting a recorded deed and notarized consent from the owners. ANNEXATION AND ZONING -SITE SPECIFIC COMMENTS Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, states that both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed [annexation] in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." Staffs analysis of each required finding is as follows: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application fora Comprehensive Plan amendment; There are several Comprehensive Plan policies that both support and do not support this proposed annexation. Since the Preliminary Plat and CUP were submitted with the annexation, staff considered all requests together in this analysis. Comprehensive Plan policies that su ort the annexation/plat/CUP include: • The subject property is designated as Single Family Residential on the Land Use Map of the current Comprehensive Plan. The Applicant is requesting an R-4 zone, which complies with the single family designation. • "Encourage new development...of higher-density development within the Old Town area and lower-density development in outlying areas." (Land Use Chapter, 1.4U) The proposed development has a gross density of only 2.3 units per acre. • "Encourage landscaped setbacks for new development on entrance comdors." (Community Design Chapter, 4.4U) The proposed subdivision has 25 feet along Victory Road and 30 feet along Locust Grove. • "Support a variety of residential categories...for the purpose of providing the City with a range of affordable housing opportunities." (Land Use Chapter, 2.1U) The proposed subdivision has lot sizes ranging from 7,000 s.f. to over 19,000 s.f. Comprehensive Plan policies that do not support the annexation/plat/CUP include: • "Police protection within the city limits...should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." (Public Services Chapter, 6.8) With an estimated current population of 41,000 and 42 sworn officers, the current ratio is approximately 1.0 officers per 1,000. An additional 28 officers would be needed today to bring the ratio up to 1.7 per 1,000. At buildout, this development alone would warrant at least one additional officer. • "Housing proposals shall be phased with...public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide atie-in between new residential areas and service needs." (Housing Chapter, 1.6) The proposed sewer does not follow the City's facility plans. AZ-00-023, PP-00-024, CUP-00-052 Tuscauy Lakes Sub.AZ.PP.CUP.doc .•~ Mayor, Council and P&Z December 5, 2000 Page 3 B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Thousand Springs Subdivision extends to Victory Road, making the proposed annexation contiguous with existing city limits and making the annexation feasible. On the other hand, surrounding land uses are nearly all farming and rural residential, making this proposed subdivision somewhat of an island. No improvements aze currently planned for Victory Road in the next 20 years (in the 2020 plan); Locust Grove will get an overpass; but no widening south of the interstate, and Eagle Rd. has no planned improvements south of the interstate. C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff recognizes that the "essential character of the area" will change in the future and that the change will involve residential development. While the proposed subdivision is not hazmonious with the existing rural character, it is in compliance with the intended character of future single-family residential use. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The main potential disturbance is between the residents of the proposed subdivision and the existing surrounding agricultural uses, which may be adequately addressed through the Right-to-Farm clause in Idaho State Code. The applicant needs to be aware of the Right-to-Farm issues with the surrounding properties. E. Wiil the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Power: The Idaho Power Company has submitted a letter, dated November 20, 1999 stating that they cannot serve the subdivision with power without significant upgrades to their system. I also have a more specific letter, dated December 4, 2000 stating that the subdivision cannot be served from Locust Grove (where the phasing plan is proposed to begin) until after September 1, 2001. This date is dependent on Idaho Power obtaining approval for a new substation in time for construction, prior to the 2002 summer peak electricity demand. AZ-00-023, PP-00-024, CUP-DO-052 Tuscany Lakes Sub.AZ.PP.CUP.doc Mayor, Council and P&Z December 5, 2000 Page 4 .~-v Sewer Facilities: The Public Facilities Plan developed by the City of Meridian shows that the proposed subdivision would sewer via the Ten Mile Drain, with the west half draining toward Locust Grove and the east half draining toward Victory Road. The conceptual sewer plans submitted with the application do not follow this plan. The sewer concept plan shows all sewer crossing a parcel north of the proposed school site, that is not a part of this annexation. Any proposal that is not consistent with the established Public Facilities Plan will have to be analyzed against the plan to determine if the final result will achieve the same desired area and level of serviceability. All costs of the analysis by the City of Meridian's Public Facilities Plan consultant shall be borne by this developer. Water: The water connection also crosses the same parcel north of the proposed school site, that is not a part of this annexation. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Copies of the conceptual water plans have been transmitted to the City of Meridian's Water system consultant for detailed analysis. All costs of the analysis by the City's consultant shall be borne by this developer. Pressurized Irri ation: The applicant has not indicated how the operation, ownership, or maintenance of the pressurized irrigation system will be managed (i.e. Nampa and Meridian Irrigation District or homeowners association). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. School Facilities: Policy 3.3, pg. 14, of the School Facilities Chapter states, "School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision." In their November 9, 2000 comment letter regarding Tuscany Lakes Subdivision, Wendel Bigham of the School District states that Mary McPherson Elementary School is over capacity, Lake Hazel Middle School is at capacity, and Meridian High School is over capacity. The applicant is proposing an elementary school site as part of the project and is in negotiations with the school district regarding the purchase of the property, but the school district does not yet own the site. No solution to the middle school is currently on the horizon. Anew high school will soon be under construction with the recently approved bond. The roads will not reach the proposed elementary school site until phases 8 & 9 (out of 9) of the subdivision. In other words, most of the subdivision will be built out before the roads will provide access to the school site. Also, by placing the school at the center of AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes sub.AZ.PP.CUP.doc Mayor, Council and P&Z December 5, 2000 Page 5 the section, school traffic is forced to travel the farthest distance possible along neighborhood streets before reaching the school. School siting policy 3.1, page 13 states that schools should be planned with two concerns in mind: a. Schools should be protected from incompatible land uses; and b. Elementary and intermediate primary schools should be the focal point of community development. Staff agrees that the school is protected from incompatible land uses-all surrounding property is single-family residential. However, staff feels that placing the school behind residential lots, with no street frontage makes the schools difficult to fmd and hides them, rather than making them the focal point of community development. School siting policy 3.2 states that school sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children. While the wetlands (see item I below) could be a unique interpretive feature of the proposed school site, staff has safety concerns about placing an elementary school adjacent to the Ridenbaugh Canal. The Ridenbaugh is one of the largest, high-volume canals in the City's impact area. The applicant should address all of these school siting issues with Wendel Bigham of the Meridian School District. Parks and Pathways: The applicant has had a phone conversation on December 5, 2000 with Tom Kuntz of the Meridian Parks Dept. regarding parks and pathway needs. However, the park-related issues have not been resolved to the Parks Department's satisfaction at this time. The City's Comprehensive Plan shows a pathway planned along Ten Mile Creek through this proposed subdivision. The draft Parks Master Plan shows a need fora 20-25 acre park in the area proposed for this subdivision. The applicant should meet with the Parks Dept. to discuss the provision of a park site in lieu of impact fees, or the sale of a park site to meet the City's park needs in this area; as well as the pathway requirements. Roads & Traffic: As of this report, staff has not received a final ACRD report to incorporate specific comments from. However, staff has been told that additional traffic calming devices (i.e. roundabouts or chokers) will be required, as well as other modifications that may affect the layout of the subdivision. The section of road (Mediterranean Dr.) that connects the east half to the west half of the subdivision, as well as providing a route for sanitary sewer and water, crosses a parcel of land is not a part of this application. Luann Kuntz, trustee for the E. M. Morgner Trust, owner of the parcel that the road crosses, has stated that they have no intention of granting an easement or selling the property to allow that connection to take place. Police: As already noted, the Police Dept. has public safety concerns about not having enough officers to meet the needs of the current population as well as the increase that would be generated by the proposed 3531ots. AZ-00-023, PP-60-024, CUP-00-052 Tuscany Lakes Sub.AZ.PP.CUP.doc Mayor, Council and P&Z December 5, 2000 Page 7 The floodplain along Ten Mile Creek must be protected. Comprehensive Plan policy 3.1 U, page 33, states that the City is to "manage and prevent unsutable uses along drainageways and protect the floodplain of creeks and drains." Policy 1.1U, page 32, states that the City is to "control and preserve the natural beauty of Ten Mile Creek..." The preliminary plat shows the 100-year floodplain crossing several lots on the east side of Ten Mile Creek. According to Fred Eisenbarth of the Idaho Dept. of Water Resources, the floodplain is shown as a zone A. `Zone A' means that no base flood elevations have yet been determined, and the developer of any subdivision at least 5 acres or 50 lots in size is required to determine the actual flood elevations through a detailed study. The applicant should be required to provide the City with such a study before any final action is taken on the preliminary plat. It has been brought to our attention that a potential wetlands site exists in the southwest corner of the proposed school site. The applicant should provide the City with a letter from the Corps of Engineers regarding the status of the wetland area and any required protective measures. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-i7-1992) Issues related to ownership, emergency access, power service, sewer and water, school siting, parks and pathways, floodplain, wetlands, and traffic should be resolved before annexing the property to the City. ANNEXATION & ZONING -GENERAL COMMENTS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 4-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 5. Two-hundred-fifty- and 100-watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Sub.AZ.PP.CUP.doc Mayor, Council and P&Z December 5, 2000 Page 8 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11- 13 for use of property. 8. All signage shall be in accordance with the standards set forth in Section I 1-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 9. Provide sidewalks in accordance with City Ordinance Section 12-5-2.K. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. All landscaping shall conform to the requirements of City Ordinance 12-13. PRELIMINARY PLAT & CONDITIONAL USE PERMIT COMMENTS Because there are so many outstanding issues that directly affect the design of this subdivision that still need to be resolved, (and may require a re-design of the subdivision), staff is not providing detailed comments on the plat or the CUP at this time. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Sub.AZ.PP.CUP.doc From: Steve Siddoway [siddowas(,ad' ci.meridian.id.us] Sent: Tuesday, December 05, 2000 8:19 AM 70: 'Kristy Vigil' Subject: FW: Tuscany Lakes Subdivision ~U~~1,_ ~~c o ~ zooo TechTool.gif ;~:~ ~f Mer?~f~'~- Kristy, FYI for your file. Steve -----Original Message----- From: Georgeson, Keith [mailto:KGeorgeson@idahopower.com] Sent: Monday, December 04, 2000 4:16 PM To: 'Siddowas@ci.meridian.id.us' Cc: Slusser, Mark; Sikes, David; Dodson, Layne Subject: Tuscany Lakes Subdivision Steve, After looking at the new load projections in the area of Victory and Locust Grove Roads, no capacity remains to serve new loads from Locust Grove Road in Tuscany Lakes subdivision until after September 1, 2001. Anew substation is currently being looked at in the area that will fix this situation, but this cannot be built until early 2002. These limits are for the summer peak of 2001. Loads in this area are lower in the winter so some new homes could be served after this date. These will be evaluated as these requests are received. This September 1, 2001 date is dependent on obtaining approval of a new station site in time for construction prior to the 2002 summer peak. Keith Georgeson Planning Engineer Idaho Power Company 388-2034 kag5014Cc~idahopower.com <mailto~kag5014nidahopower com> ~~_ • sir \ Preporing O Todoy's Students For n Tomorrow's Chol lenges. ,~o %r~ 5 °91e . Met~d`o SUPERINTENDENT Christine H. Donnell November 9, 2000 City of Meridian 33 East Idaho Meridian,Idaho 83642 Dear Councilmen: ~c~'n'ED N o v ~ ~ zooo CITY OF MERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Tuscany Lakes Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. The school district is currently busing students from new developments to schools outside Mary McPherson Elementary School's attendance boundary. Lake Hazel Middle School is at capacity. At this point the school district is dealing with growth by providing portable classrooms. Meridian High School is over capacity, but with the passage of the General Obligation Bond Election on September 19th a new high school will soon. be under construction. We can predict that these homes, when completed, will house one hundred twenty five (125) elementary aged children, ninety-four (94) middle school aged children, and sixty-three (63) senior high aged students. Sincerely, G~ Wendel Bigham, Supervisor of Facilities & Construction Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 WB:gr ~~,: ~~~ 4~~,,.~ ~~:~~- ~,~:~- -. ~w m~~ ,r;~~ R~c~~ED ADA COUNTY HIGHWAY DISTRICT j~E~' - g ~~~~ Planning and Development Division CIZ'y QF ~RIDIAN Development Application Report Preliminary Plat -Tuscany Lakes/MPP-00-024 Locust Grove Road/Victory Road MAZ-00-023/MCUP-00-052 This application has been referred to ACRD by the City of Meridian for review and comment. Tuscany Lakes is a 353-lot residential subdivision on 152.5-acres. The applicant is also requesting a rezone from RT to R-4 and annexation into the City of Meridian, and conditional use approval for a planned unit development. This preliminary plat includes an elementary school site. The site is located on the south side of Victory Road, east of Locust Grove Road. This development is estimated to generate 4,000 total trips based on the submitted traffic study. Roads impacted by this development: Locust Grove Road Victory Road Eagle Road ACHD Commission Date -December 13, 2000 - 7:00 p.m. Tuscanv Lakes.cnun Paee 1 Mayor, Council and P&Z December 5, 2000 Page 6 Fire and Emergency Medical Services: The main issue is accessibility. With the road connection through the Morgner parcel not a reality, each side of the subdivision has only one way in and one way out. This can create a problem for emergency crews if the single entrance is blocked. A second emergency access for each side is needed. At a minimum, no more than 100 lots should be allowed develop within the subdivision until a second access is provided. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The proposed subdivision would certainly not create any more additional requirements or costs to the City than other residential uses. G. Wilt the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The additional traffic contributed by a 353-house subdivision would certainly add to the adjacent roadway's congestion. It will not create any foreseeable noise, smoke, fumes, glare, or odors. It is more likely that the existing agricultural uses will have these types of impacts on the proposed subdivision. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Until the City receives a report from ACHD, this finding is difficult to calculate. The ACHD Commission's hearing date on Tuscany Lakes Subdivision has, of this report, not been scheduled. Staff recommends any decision on this application be continued until a final ACHD report is available. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The site has several healthy, mature trees along the canals that must be protected during construction. It is unclear if the proposed layout affects any of these trees. The City Comprehensive Plan, page 32, states that "throughout the Meridian area are outstanding natural tree and shrub corridors along the creeks and drains. These vegetation resources are critical to wildlife and aesthetic values. It is essential that community leaders protect and preserve natural vegetation along all creeks and drains within the Meridian area." The City now has an ordinance to back up that policy in the new landscape ordinance, under `Preservation of Existing Trees'. The applicant should verify the location of existing healthy trees in relation to the proposed subdivision layout. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes Sub.AZ.PP.CUP.doc ~..~ j ~ j r % ;; ~ ,; '~~~ . ~~ --! C' '~ Cn C7 1 D. l,~ -~ ~ ~ ~~, ~~ ~ ~ ~ C '~ ~~' ~ '~ v ~~ ~ 0 ~~ z ~< n o _ ~. ~~ ,~ ~ ~ D ~ ~ J E o ~; ~' o ~~ L6 C+,c~~S ~- C~rz^-,G ~~ w - _ - -- _i ~ i .1 ,i .i .I a ~ =1 .i i '~ _ F_ ~ _ .~ 1 al .1 ^~ i .1 _ 1 1 .F .1 ~. - o 1 .9 .i =a .s =~ . 6 1 _F 6.1 • \ 6r ~j i- .~ rl zi eF - ` . -, _ y ~ ~ ,~ a 6~ \ ~ e,i E .1 ~ ~ _ __ __ _, \ . - ` - ~ ~ ~ ~ ~ _ -1 6-1 `I ~ ~ I ~ ~ ® ~ ~ ' i 1 1 e j .1 .i -F 1 ' t 1 c ~' i. . ~ ^ .1 i ~ ..1 1 1= e^ .1 =1 .~ 1_ 1 1 . 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I _ f .?_9 01!!~~fl~~~~~~~1!I' I~f~FFiIf~~Ij~F~FI}j r 1 f Id~F F ~~ . _ ('1 ~~o ~wr~- O „~~ - -..ec.~ ~.a - .a .a, . a~-o - - - - - - - - - ~ - t i ~' E ~e ~ ~ € ~~ ~ 5 ~~ ~5 ~ ~ S ~ ti ~ 6 ~ 6 C nn~e~ ~ ~~~ ~~ r ~ ~~~ ~ - TU3C~NY LE89 3UBDIYiffiON V •/wasK O.~y~sss ~. w.. a ..wa w.s. i ..r, o= w.~ _ ~ m..o ~r arwr re ~ s F F P ~. a G i ~ 1 _ o f` ~ ~ ~ v 1 I ~ ~ I - I :~ ~~ ~~~=~~~1~1~ ~~ ~ a s ~ ~~Errrri~rrrr E F(f j +i A~ + ecr+if +dEFI i t ~^ ~ j FFF ~ ~KF~F r~ i ~ ~ _ ~~ i ~ ~ ~ +. : t .~ ~~ - ~ ~ ~ _ __1\ 0 i . / ~` ,~ ~ ~ r~ -' i i ~- ~ ~i .t 1 =1 8- .~ - ' i_ I ! _ ~ ~ • ` ,, s. ~ i .o ;_ ,e iR .+ 1. _ 9. ~ :! i- c3 1_ .~ i a. _ o= ~~ ' ° _~ 5_. - ~~'t f l < < < ~IJ~ a~ - - T• - ~ I ,i 1 ~ ~ -~- - - - ~ 1 1~I II 1 } / ~. ~ i 2 ~ ~ ~~~ ~~ ~ ~~ ~~ ~' --- /~--- /I ~ ~ € F F L~ gg L~ ~gg ~ ~ ~ ~ € 6 R g ~ 6 f z ~ 't'-- ~ 99 _~~~ 99 _.n~ ~~~~h a ~6 a a ~~s s ~~~~~~ ~~9P~ ~ ~~ ~$ ~ ~' ~ ~ _ N a ~ ~ ~ G ~ C - ~ ~a~~~ ~ ~~ ~~ aw a a «4 ~ ~ ~ _ 5 ~~ V ~ ~ ~ ~ ~ ~ ~~ - TUSCANY LE83 3UBDMSION r~ G • rota s x ow y s s+s sw ~ rm~ w.~ ~ a, rat ar s. aarw aw `~+ -~ ~~ ~ a/qr rr s r_s __`« N m e a ' ~-~ a t Facts and Findings: .: E; A. General Information Owner -Kenai Partners LLC, Jean & Richardson Burnett Family Trust Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning 152.5 -Acres 353 ~~ -Proposed building lots 39 -Proposed common lots 3,400 -New trips generated by single family 600 -New trips .generated by school 293 -Traffic Analysis Zone (TAZ) ~~,. West Ada -Impact Fee Service Area Meridi an -Impact Fee Assessment District Locust Grove Road Section line road ~~~~~ Traffic count of 3,552 on 7-16-99 ;~ ~ C-Existing Level of Service C-Existing plus project build-out Level of Service ~` 1,325-feet offrontage ';~_~ ~~,~, 55-feet existing right-of--way (30-feet east from centerline) '~r 90-feet required right-of--way (45-feet from centerline) Locust Grove Road is improved with 25-feet of pavement with no curb, gutter or sidewalk. Victo Road Collector with bike lane designation ~; Traffic count of 3,321 on 2-2-00 ~~" C-Existing Level of Service C-Existing plus project build-out Level of Service 1,050-feet of frontage ~. 55-feet existing right-of--way (25-feet south from centerline) 70-feet required right-of--way (35-feet from centerline) Victory Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. Tuscany Lakes.cnun Paee 2 Eagle Road Minor arterial with bike lane designation Traffic count of 7,498 on 2-2-00 (i~/o Victory Road) C-Existing Level of Service C-Existing plus project build-out Level of Service 30-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) ~,- w,; a , ~~- ~. Eagle Road is improved with two-lanes with no curb, gutter or sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 20, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Dartmoor Drive, the main entrance off Locust Grove Road, should be designed with a minimum 21-foot street sections on either side of a center median and located as proposed, approximately 560-feet south of the north property line. The median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet ofright-of--way plus the additional width of the median. E. The applicant should be required to construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection, because the intersection is expected to carry 1,800 vehicle trips per day according to the submitted traffic study. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. F. The applicant should be required to construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Locust Grove Road. G. Tuscany Way, the main entrance off Victory Road, should be designed with a minimum 21-foot street sections on either side of a center median and located as proposed at the east property line. The median should be constructed. a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet ofright-of--way plus the additional width of the median. H. The applicant should be required to construct a center turn lane on Victory Road for the Tuscany Way intersection, because the intersection is expected to carry 2,000 vehicle trips per day according to the submitted traffic study. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure .-. directions. Coordinate the design of the turn lane with District staff. Tuscany Lakes.cmm Page I. The applicant should be required to construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Victory Road. J. The applicant is not proposing access to Eagle Road because the site only has 30-feet of frontage. The lot with frontage on Eagle Road will be a common lot. K. The applicant should provide a deposit in the amount of $600 to the Public Road Tnist Fund for the cost of constnicting a 5-foot wide concrete sidewalk on Eagle Road abutting the site (approximately 30-feet). L. The traffic generated by this development will more than double the volume of traffic on the west leg of the Victory Road/Eagle Road intersection. The applicant's traffic study states that a „„ signal will be warranted by 2005. Because Victory Road and Eagle Road are section line roads ACHD will not require a road trust for this subdivision. Other subdivisions in the area were not r ~,:. required to provide a road trust. M. Any irrigation facilities or utilities should be relocated out of the new right-of--way on Locust Grove Road and Victory Road. N. All streets in the subdivision should be located to align or offset a minimum of 125-feet from any ~,:K~,, _. proposed streets. O. The applicant should be required to constn~ct all public roads within the subdivision as 36-foot _,~- ~° ~~ street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- ~_ ;~~._. way. P. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. Q. The applicant is proposing to construct two traffic circles in Dartmoor Drive located at Como Place and Ionia Way. The applicant should coordinate the size and design of the circles with Traffic Services staff. Dartmoor Drive should be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Parking should be prohibited on this street segment. Coordinate the signage plan with District staff. R. The following street segments should normally be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed ],000 vehicle trips per day, according to the submitted traffic study. The submitted preliminary plat shows front-on housing on some segments. • Dartmoor Drive from Locust Grove Road to Naples Avenue • Naples Avenue from Dartmoor Drive to Mediterranean Avenue (plan shows front-on) • Mediterranean Avenue from Naples Avenue to Turin Avenue (plan shows front-on) Tuscany Lakes.cmm Page 4 • Falcon Drive from Turin Avenue to Tuscany Way (plan shows front-on) • Tuscany Way from Falcon Drive to Victory Road ~~,4~ ~~~~~ r~._~;,, The applicant has requested that the District not restrict airy of the streets in the subdivision to no-front on housing (with the exception of Dartmoor Drive) because when the abutting sites develop the traffic will be redistributed and according to the applicant's traffic engineer, none of the streets with have over 1,000 vehicle trips per day. The applicant is proposing to stub streets to the east with those properties having frontage on Eagle Road. Also, there is a good possibility that there will be a connection from Mediterranean Avenue to Victory Road through the undeveloped property that bisects this subdivision. S. The proposed Turin Avenue is approximately'/4-mile in length, and is anticipated to carry 1,000 vehicles per day, with front-on housing and direct lot access. The applicant is not proposing to construct any traffic calming on this street. Staff recommends that the applicant take the "straightness" out of the roadway, and install traffic circles, or constrict traffic chokers in three locations on Turin Avenue. The applicant should submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. T. The proposed Falcon Drive is anticipated to carry 1,200 vehicles per day with front-on housing and direct lot access. The applicant is not proposing to construct any traffic calming on this street. Staff recommends that the applicant constrict one traffic circle or traffic choker on this segment of roadway to slow vehicles on this street with front-on housing. The applicant should submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. U. The applicant is proposing to constrict Mediterranean Drive from Naples Avenue east to the Ridenbaugh Canal across a parcel that is not a part of this preliminary plat. The City of Meridian requires an applicant to go through the formal subdivision process when the applicant is dedicating right-of--way for a local road which splits a parcel. The parcel being split by this segment of roadway was not included in this preliminary plat, and this proposed segment of the roadway is located off-site. The applicant should consult with the City of Meridian to determine if that parcel also requires subdivision. ACHD should require that this applicant acquire the 50- feet ofright-of--way from the property owner of the adjacent parcel if this segment of Mediterranean Drive it is to be a part of this plat. ACRD is not requiring the construction of that segment of Mediterranean Drive because it is currently off-site. If Mediterranean Drive is not constructed, the applicant should be required to provide a deposit to the Public Rights-of--Way Trust Fund for the cost of constructing one-half of abridge over the Ridenbaugh Canal and Nine Mile Drain. When the abutting property develops that applicant will be required to construct Mediten-anean Drive. If Mediterranean Drive is not built, the applicant should supply a preliminary design and cost estimate of the bridge for staff review, prior to detern~ination of the exact amount of the road mist deposit. If this segment of Mediten-anean Drive is not constructed with this application, the applicant should be required to provide a hirnaround at the west end of Mediten-anean Drive, east of the Ridenbaugh Canal. V The applicant is proposing to construct San Marino Drive to the east property line as a stub street, located between Lot 1, Block 7, and Lot 5, Block 8. District staff supports the location of Tuscany Lakes.cmm Paee - the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. W. The applicant is proposing to constrict Venice Drive to the east property line as a stub street, located between Lot 1, Block 20, and Lot 23, Block l 7. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the tern~inus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. X. The applicant is proposing to construct Mediterranean Drive to the east property line as a stub street, located between Lot 1, Block 17, and Lot 1, Block 14. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Y. The applicant is proposing to construct Pompei Avenue to the south property line as a stub street, ~,~.; located between Lot 20, Block 14, and Lot 37, Block 12. District staff supports the location of the stub street. The applicant should be required to provide a paved temporary turnaround at the ~9 end of the stub street, as proposed. The applicant should be required to install a sign at the .., terminus of the roadway stating that, THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street and the design of the turnaround with District staff. Z. With the exception of Pompei Avenue, the applicant is not proposing to construct any other stub streets to the south property line. Due to the irrigation ditches and canals, it is difficult to provide a stub to the south without constricting a bridge. Staff does recommend that the applicant construct Como Way to the south property line as a stub street, located between Lot 11 and Lot 13, Block 9, in alignment with the proposed Como Way on the north side of Calabria Court. City of Meridian staff also indicated that they would be supportive of a stub street in this °a"`- location. This stub street could serve two oddly shaped parcels with 1S-acres total. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. AA. The applicant's plat indicates a school site within the subdivision. The school district does not have an official plan for this site, and ACRD will review the school site in the firture when the plan is submitted by the school district. BB. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Tuscany Lakes.cmm Pa~_e 6 CC. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to the City of Meridian: 1. The applicant is proposing to construct Mediterranean Avenue from Naples Avenue east to the Ridenbaugh Canal across a parcel that is not a part of this preliminary plat. The City of Meridian requires an applicant to go through the formal subdivision process when the applicant is dedicating right-of--way for a local road which splits a parcel. The parcel being split by this segment of roadway was not included in this preliminary plat, and this proposed segment of the roadway is located off-site. The applicant should consult with the City of Meridian to determine if that parcel also requires subdivision. ACRD should require that this applicant acquire the 50-feet ofright-of--way from the property owner of that parcel if it is to be a part of this plat. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: ~s~... 1. Dedicate 45-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel. by means of recordation of a final subdivision plat or execution of a warranty deed prior to '~~"•' issuance of a building permit (or other required permits), whichever occurs first. Allow up to `` 30 business days to process the right-of--way dedication after receipt of all requested material. ~._~ The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. ~:A,~ 2. Dedicate 35-feet ofright-of--way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to ~~ issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- "" of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Dedicate 48-feet ofright-of--way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required penmits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Tuscany Lakes.cnun Page 7 4. Construct Dartmoor Drive, the main entrance off Locust Grove Road, located as proposed, approximately 560-feet south of the north property line. Dartmoor Drive shall be designed with a minimum 21-foot street sections on either side of a center median and the median should be constricted a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of--way plus the additional width of the median. 5. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with '~~~ District staff. '~,~:., 6. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The ,, sidewalk shall be located 2-feet within the new right-of--way of Locust Grove Road. ~t..: 7. Construct Tuscany Way, the main entrance off Victory Road, located as proposed at the east property line. Tuscany Way shall be designed with a minimum 21-foot street sections on either side of a center median and the median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54- feet ofright-of--way plus the additional width of the median. ~•~ F, ~~: ;x. r,G _h~ 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way of Victory Road. 10. Provide a deposit in the amount of $600 to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Eagle Road abutting the site (approximately 30-feet). 11. Any irrigation facilities or utilities shall be relocated out of the new right-of--way on Locust Grove Road and Victory Road. 12. All streets in the subdivision shall be located to align or offset a minimum of 125-feet from any proposed streets. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 14. Construct all of the turnarounds to provide a minimum turning radius of 4~-feet. Provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. Tuscany Lakes.cnvn Pa~ae 8 15. Construct two traffic circles in Dartmoor Drive located at Como Place and Ionia Way as proposed. Coordinate the size and design of the circles with Traffic Services staff. 16. Dartmoor Drive shall be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. 17. Construct traffic calming devices on Turin Avenue to take the "straightness" out of the roadway, by installing traffic circles, or constricting traffic chokers in three locations on Turin Avenue. Submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. 18. Constrict one traffic calming device (circle or choker) on Falcon Drive to slow vehicles on this street with front-on housing. Submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. 19. Construct Mediterranean Drive from Naples Avenue east to the Ridenbaugh Canal within 50- feet of acquired right-of--way from the property owner of the adjacent parcel if this segment of Mediterranean Drive it is to be a part of this plat. ,~~ ~: If the applicant chooses not to provide the connection, provide a deposit to the Public Rights- ~~,~:`°< of-Way Trust Fund for the cost of constructing one-half of a bridge over the Ridenbaugh Canal ` and Nine Mile Drain. If Mediterranean Drive is not built, the applicant shall supply a preliminary design and cost estimate of the bridge for staff review, prior to determination of the exact amount of the road trust deposit. If this segment of roadway is not construct with this application, the applicant will be required to construct a turnaround on the east side of the Ridenbaugh Canal. 20. Stub San Marino Drive to the east property line between Lot 1, Block 7, and Lot 5, Block 8 as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE -- EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 21. Stub Venice Drive to the east property line between Lot 1, Block 8, and Lot 23, Block 17 as proposed. Install a sign at the terninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 22. Stub Mediten-anean Drive to the east property line between Lot 1, Block 20, and Lot 23, Block 17 as proposed. Install a sign at the ten-ninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Tuscany Lakes.cnun Page 9 23. Stub Mediten-anean Drive to the east property line between Lot 1, Block 17, and Lot I, Block 14 as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 24. Stub Pompei Avenue to the south property line as a stub street, located between Lot 20, Block 14, and Lot 37, Block 12. Provide a paved temporary turnaround at the end of the stub street, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street and the design of the turnaround with District staff. 25. Construct Como Way to the south property line as a stub street, located between Lot 11 and Lot 13, Block 9, in aligmnent with the proposed Como Way on the north side of Calabria Court. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED . IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 26. ACHD will review the school site in the future when the plan is submitted by the school district. 27. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat n , shall be owned and maintained by a homeowners association. Notes of this shall be required on - the final plat. ~.en, , rt~~: 28. No access points to Eagle Road have been proposed and none are approved with this "~ application. 29. Other than the two public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: `K` ""'' 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the Tuscany Lakes.cmm Page ]0 action and shall include a mininnun fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and inchide written documentation of d_a_ta that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #193, 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 s procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. ~:w, Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ~~"" ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. 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. Tuscany Lakes.cnun Page 11 Conclusion of Law: ACRD 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. i'1 Should you have any questions or continents, please contact the Planning and Development Division at 387-6170. ~. ,~~= ~~-~.: ~r~- ~~~; ~~, :.~-- r~~ .x,. ~.~~ Submitted by: Plam7inQ and Development Staff Commission Action: Tuscany Lakes.cnun Page l2 ~Qd~ ~ou,~t~~~~~wu ~~t~~~t Judy Peavey-Derr, President 3 i u Cast 3 ~ ~n ~~~ ee~ Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us December 14, 2000 TO: Gem Park II Partnership PO Box 344 Meridian, ID 83663 FROM: Christy Richardson, Principal Development Analyst Planning & Development G'• ~~C~d~J SUBJECT: Preliminary Plat: Tuscany Lakes Sub Road REC~~D ~ ~ ~C CITY OF MERIDIAN Locust Grove RoadNictory On December 13, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are 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. 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 a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. r 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. ~-. 2 4. If Public Right-of-Way Trust Fund deposit is required, make the 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 together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services -John Edney Drainage- Chuck Rinaldi Kathy Stroschein, P.E. Briggs Engineering, Inc. 1800 W Overland Rd. Boise, ID 83705 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Tuscany Lakes/MPP-00-024 Locust Grove Road/Victory Road MAZ-00-023/MCUP-00-052 This application has been referred to ACRD by the City of Meridian for review and comment. Tuscany Lakes is a 353-lot residential subdivision on 152.5-acres. The applicant is also requesting a rezone from RT to R-4 and annexation into the City of Meridian, and conditional use approval for a planned unit development. This preliminary plat includes an elementary school site. The site is located on the south side of Victory Road, east of Locust Grove Road. This development is estimated to generate 4,000 total trips based on the submitted traffic study. Roads impacted by this development: Locust Grove Road Victory Road Eagle Road ACRD Commission Date -December 13, 2000 - 7:00 p.m. Tuscany Lakes.cmm Page 1 '~ t ~ ~ ~ ~ ~i~ i j / ...1 ~ ~ 1 /,,. I Q I I ~' j% ~ ~ I i N O G W O O O A O O O cfl ~ I z m ~ (- I I~'~\ /~ r~~u~ ,: ~:~:~- L6 cu~s-~ G~ load - - I ~ - ,' - -- , e -i -1 -1 -i - _i .~ 5_~ -! . i - _i ~ ~6r1. ~ I rl - - `~ c 1 ~. ~ si ~c ri rf ^ i r~ - ! '' r 1 ' i vl ri r 1 t~ .1 ~ - - ..- S a ~ `` r0 ~~ - i F -1 ~_ .~ .I .$ si oa a~ ..~ is .6r ~ .i ," '~ r~ zi ei r s: - .u _ „~ _ al Q ~• \\ of ~E r, e ~ ~ ~~ -- _. -- - \ ~ ~ I / ~ - i g- i .1 `~ 1 I ~ ~ ;® 1 ~ i 1 .. / i_ r _ i rt .! - +. I i 1 j 1 ri _e 1 - -1 i r E- ~ i c „ ~. - ' .1 / i 1 ~ ` !- o- 6.1 _ ~~ rE .1 .~ ~ , ti 1~ _ _~ .1 .~ ~, 1 ~ .1 a 1 s i 1.. E I r l ~.1 \\ \ c _ ! `i ~ 1- ~ i 61 - _1 \ 1 I_ s 1 ~\ -1 ar 1. . i E. r s =1 . . i . i ~ ~ ~ a a ~L~ 99 ~~~~ ~~ 99 ~~~ ~ ~ ~ ~ ~ ~ nnu~~ 6 s ~ . F~ F. ~ E ~ a , a .~-. F.' ~BE~A~~ g ~ ~~~~ ~~ ~~~ ~ ~ r ~ g = ~ ~ ~~ ' ~~ 6 x a as ~ ~ ~ 8 ~ G ~ ~ ~~e~ dEa ~ ~ ~ ~ ~~ g#~ q R I~ ~ 4~ S ~e3g ^31717 4 ~~ ~wnrrwv rw i~rr_-~ SU3GMf LE83 90HD1YL4[ON ~ • ,vwa s x en r _ i s~~ . m y " m y s s w sl t w.r ~ orr. r= rrrw .wo~ewn r~o ~...~ r. ...a...• t ri s~ _ .i.9 ~1~~~#a~~~#~~~I~I = iEltlllttl~ll E F ~F1F1`lifr~lft~fl[ ~~~ t .,~ mlo -,,,ra,,,,~_ra.~,~ ---------~- f . i ---~-~ 1 1 i ~ _ ~~ :1 - 63~ .1 •~ i c ~ ¢ ~~ ~ ~ ,.,~ ~ .a .a. , ~„ _ _ _ _ ~i ~ ~~ + ~ ~~«~~~~ rtt~1EF(F~i ~ ;m ~ ~ itf I ~~~F F ~ ~~ r 0 ~, ~\ ~^ Z ~4 ~ l~\ \ -° .~ ~1 .~ ! .~ - ,, rT \ ~--- ! i _) .i 6..i .Y _ f_ _ ~ `~ ~ f I !' .i ' 6~ ~ ~ is 9. G - ,_ ~a :! ~. :~ ~ !- - ~. .~ ;s ~ 6 6.: - ~ - "- 1 A 1 • OIaI \ ~ ~ ` ~` ~^ ~ ~ ~ ~ ~ ~: ~ ~~ I 0 a~ ~ I / J ~ --~----~ ~ I ~ ~ ~, ~ . ~ I g ~ ~ y ~ ~ f ~~g ~ GRi ~ ~~ ~ ~ ~ ~ ~ ~ ~ 6 ~ 6 4 ~ F ~~~~ 99 ?~~~ ~~~~~ a ~ a ~~a~ ~~ ~ ~~~ ~~ ~~n a w i; ~ ~ ~~~ ~ ~s~~ ~~ ~ ~~ ~~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~~ ~ ~~ - rvscnn ups svenm4cON rC r~~ Q • ,ws s x ewe y a acv `~1+~3 r IO~w ~ 40K IM4 1 ~Of. d[ i~~ _ _ _ _ _ n a- N N I a d r Facts and Findings: A. General Information Owner -Kenai Partners LLC, Jean & Richardson Burnett Family Trust Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning 152.5 -Acres 353 -Proposed building lots 39 -Proposed common lots 3,400 -New trips generated by single family 600 - Ne~v trips generated by school 293 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Locust Grove Road Section line road Traffic count of 3,552 on 7-16-99 C-Existing Level of Service C-Existing plus project build-out Level of Service 1,325-feet of frontage 55-feet existing right-of--way (30-feet east from centerline) 90-feet required right-of--way (45-feet from centerline) Locust Grove Road is improved with 25-feet of pavement with no curb, gutter or sidewalk. Victory Road Collector with bike lane designation Traffic count of 3,321 on 2-2-00 C-Existing Level of Service C-Existing plus project build-out Level of Service 1,050-feet of frontage 55-feet existing right-of--way (25-feet south from centerline) 70-feet required right-of--way (35-feet from centerline) Victory Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. Tuscany Lakes.cnun Page 2 "-, Eagle Road Minor arterial with bike lane designation Traffic count of 7,498 on 2-2-00 (n/o Victory Road) C-Existing Level of Service C-Existing plus project build-out Level of Service 30-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) /'~ Eagle Road is improved with two-lanes with no curb, gutter or sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 20, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Dartmoor Drive, the main entrance off Locust Grove Road, should be designed with a minimum 21-foot street sections on either side of a center median and located as proposed, approximately 560-feet south of the north property line. The median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of--way plus the additional width of the median. E. The applicant should be required to construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection, because the intersection is expected to carry 1,800 vehicle trips per day according to the submitted traffic study. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. F. The applicant should be required to construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Locust Grove Road. G. Tuscany Way, the main entrance off Victory Road, should be designed with a minimum 21-foot street sections on either side of a center median and located as proposed at the east property line. The median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet ofright-of--way plus the additional width of the median. Tuscany Lakes.cinm Paoe H. The applicant should be required to construct a center turn lane on Victory Road for the Tuscany Way intersection, because the intersection is expected to carry 2,000 vehicle trips per day according to the submitted traffic study. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. The applicant should be required to construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Victory Road. The applicant is not proposing access to Eagle Road because the site only has 30-feet of frontage. The lot with frontage on Eagle Road will be a common lot. When the parcels to the north and south of this strip redevelop, a public street connection may be favorable through this landscape strip. K. The applicant should provide a deposit in the amount of $600 to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Eagle Road abutting the site (approximately 30-feet). L. The traffic generated by this development will more than double the volume of traffic on the west leg of the Victory Road/Eagle Road intersection. The applicant's traffic study states that a signal will be warranted by 2005. Because Victory Road and Eagle Road are section line roads ACRD will not require a road trust for this subdivision. Other subdivisions in the area were not required to provide a road trust. M. Any irrigation facilities or utilities should be relocated out of the new right-of--way on Locust Grove Road and Victory Road. N. All streets in the subdivision should be located to align or offset a minimum of 125-feet from any proposed streets. O. The applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- way. P. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. Q. The applicant is proposing to construct two traffic circles in Dartmoor Drive located at Como Place and Ionia Way. The applicant should coordinate the size and design of the circles with Traffic Services staff. Dartmoor Drive should be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Parking should be prohibited on this street segment. Coordinate the signage plan with District staff. Tuscany Lakes.cnun Page 4 ~ i ~, R. The following street segments should nornially be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day, according to the submitted traffic study. The submitted preliminary plat shows front-on housing on some segments. • Dartmoor Drive from Locust Grove Road to Naples Avenue • Naples Avenue from Dartmoor Drive to Mediterranean Avenue (plan shows front-on) • Mediterranean Avenue from Naples Avenue to Turin Avenue (plan shows front-on) • Falcon Drive from Turin Avenue to Tuscany Way (plan shows front-on) • Tuscany Way from Falcon Drive to Victory Road The applicant has requested that the District not restrict any of the streets in the subdivision to no-front on housing (with the exception of Dartmoor Drive) because when the abutting sites develop the traffic will be redistributed and according to the applicant's traffic engineer, none of the streets with have over 1,000 vehicle trips per day. The applicant is proposing to stub streets to the east with those properties having frontage on Eagle Road. Also, there is a good possibility that there will be a connection from Mediterranean Avenue to Victory Road through the undeveloped property that bisects this subdivision. S. The proposed Turin Avenue is approximately'/4-mile in length, and is anticipated to carry 1,000 vehicles per day, with front-on housing and direct lot access. The applicant is not proposing to construct any traffic calming on this street. Staff recommends that the applicant take the "straightness" out of the roadway, and install traffic circles, or construct traffic chokers in three locations on Turin Avenue. The applicant should submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. T. The proposed Falcon Drive is anticipated to carry 1,200 vehicles per day with front-on housing and direct lot access. The applicant is not proposing to construct any traffic calming on this street. Staff recommends that the applicant construct one traffic circle or traffic choker on this segment of roadway to slow vehicles on this street with front-on housing. The applicant should submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. U. The applicant is proposing to construct Mediterranean Drive from Naples Avenue east to the Ridenbaugh Canal across a parcel that is not a part of this preliminary plat. The City of Meridian requires an applicant to go through the formal subdivision process when the applicant is dedicating right-of--way for a local road which splits a parcel. The parcel being split by this segment of roadway was not included in this preliminary plat, and this proposed segment of the roadway is located off-site. The applicant should consult with the City of Meridian to deternline if that parcel also requires subdivision. ACHD should require that this applicant acquire the 50- feet ofright-of--way from the property owner of the adjacent parcel if this segment of Mediterranean Drive it is to be a part of this plat. Tuscany Lakes.cmm Page ~ ACRD is not requiring the construction of that segment of Mediterranean Drive because it is currently off-site. If Mediterranean Drive is not constructed, the applicant should be required to provide a deposit to the Public Rights-of--Way Trust Fund for the cost of constructing one-half of abridge over the Ridenbaugh Canal and Nine Mile Drain. When the abutting property develops that applicant will be required to construct Mediterranean Drive. If Mediterranean Drive is not built, the applicant should supply a preliminary design and cost estimate of the bridge for staff review, prior to determination of the exact amount of the road trust deposit. If this segment of Mediterranean Drive is not constructed with this application, the applicant should be required to provide a turnaround at the west end of Mediterranean Drive, east of the Ridenbaugh Canal. V. The applicant is proposing to construct San Marino Drive to the east property line as a stub street, located between Lot 1, Block 7, and Lot 5, Block 8. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. W. The applicant is proposing to construct Venice Drive to the east property line as a stub street, located between Lot 1, Block 20, and Lot 23, Block 17. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. X. The applicant is proposing to construct Mediterranean Drive to the east property line as a stub street, located between Lot 1, Block 17, and Lot 1, Block 14. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street because it is less than 150-feet deep. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Y. The applicant is proposing to construct Pompei Avenue to the south property line as a stub street, located between Lot 20, Block 14, and Lot 37, Block 12. District staff supports the location of the stub street. The applicant should be required to provide a paved temporary turnaround at the end of the stub street, as proposed. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street and the design of the turnaround with District staff. Tuscany Lakes.cmm Page 6 / 1 Z. The applicant is proposing to construct Lucca Avenue to the north property line as a stub street, located between Lot 9, Block 6, and Lot 1, Block 8. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. AA. With the exception of Pompei Avenue, the applicant is not proposing to construct any other stub streets to the south property line. Due to the irrigation ditches and canals, it is difficult to provide a stub to the south without constructing a bridge. Staff does recommend that the applicant construct Como Way to the south property line as a stub street, located between Lot 11 and Lot 13, Block 9, in alignment with the proposed Como Way on the north side of Calabria Court. City of Meridian staff also indicated that they would be supportive of a stub street in this location. This stub street could serve two oddly shaped parcels with 15-acres total. The applicant should not be required to provide a paved temporary turnaround at the end of the stub street. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. BB. The applicant's plat indicates a school site within the subdivision. The school district does not have an official plan for this site, and ACHD will review the school site in the future when the plan is submitted by the school district. CC. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. DD. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to the City of Meridian: The applicant is proposing to constrict Mediterranean Avenue from Naples Avenue east to the Ridenbaugh Canal across a parcel that is not a part of this preliminary plat. The City of Meridian requires an applicant to go through the formal subdivision process when the applicant is dedicating right-of--way for a local road which splits a parcel. The parcel being split by this segment of roadway was not included in this preliminary plat, and this proposed segment of the roadway is located off-.site. The applicant should consult with the City of Meridian to determine if that parcel also requires subdivision. ACHD should require that this applicant acquire the 50-feet ofright-of--way from the property owner of that parcel if it is to be a part of this plat. y 2. The applicant is not proposing access to Eagle Road because the site only has 30-feet of frontage. The lot with frontage on Eagle Road will be a common lot. When the parcels to the Tuscany Lakes.cmm Page 7 ~ ~ north and south of this strip redevelop, a public street connection may be favorable through this landscape strip. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: Dedicate 45-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. Dedicate 35-feet ofright-of--way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Dedicate 48-feet ofright-of--way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 4. Construct Dartmoor Drive, the main entrance off Locust Grove Road, located as proposed, approximately 560-feet south of the north property line. Dartmoor Drive shall be designed with a minimum 21-foot street sections on either side of a center median and the median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet ofright-of--way plus the additional width of the median. Constrict a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. The turn lane shall be constricted to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Tuscany Lakes.cmm Page 8 f ~ ,.~, 6. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way of Locust Grove Road. Construct Tuscany Way, the main entrance off Victory Road, located as proposed at the east property line. Tuscany Way shall be designed with a minimum 21-foot street sections on either side of a center median and the median should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54- feet ofright-of--way plus the additional width of the median. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way of Victory Road. 10. Provide a deposit in the amount of $600 to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Eagle Road abutting the site (approximately 30-feet). 11. Any irrigation facilities or utilities shall be relocated out of the new right-of--way on Locust Grove Road and Victory Road. 12. All streets in the subdivision shall be located to align or offset a minimum of 125-feet from any proposed streets. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 14. Construct all of the turnarounds to provide a minimum turning radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. 15. Construct two traffic circles in Dartmoor Drive located at Como Place and Ionia Way as proposed. Coordinate the size and design of the circles with Traffic Services staff. 16. Dartmoor Drive shall be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. Tuscany Lakes.cmm Page 9 i ~'1 17. Construct traffic calming devices on Turin Avenue to take the "straightness" out of the roadway, by installing traffic circles, or constricting traffic chokers in three locations on Turin Avenue. Submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. 18. Construct one traffic calming device (circle or choker) on Falcon Drive to slow vehicles on this street with front-on housing. Submit a new street design to Planning & Development staff for review and approval prior to submitting a final plat. 19. Construct Mediterranean Drive from Naples Avenue east to the Ridenbaugh Canal within 50- feet of acquired right-of--way from the property owner of the adjacent parcel if this segment of Mediterranean Drive it is to be a part of this plat. OR If the applicant chooses not to provide the connection, provide a deposit to the Public Rights- of-Way Trust Fund for the cost of constructing one-half of a bridge over the Ridenbaugh Canal and Nine Mile Drain. If Mediterranean Drive is not built, the applicant shall supply a preliminary design and cost estimate of the bridge for staff review, prior to determination of the exact amount of the road trust deposit. If this segment of roadway is not construct with this application, the applicant will be required to construct a turnaround on the east side of the Ridenbaugh Canal. 20. Stub San Marino Drive to the east property line between Lot 1, Block 7, and Lot 5, Block 8 as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 21. Stub Venice Drive to the east property line between Lot 1, Block 8, and Lot 23, Block 17 as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 22. Stub Mediterranean Drive to the east property line between Lot 1, Block 17, and Lot 1, Block 14, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 23. Stub Pompei Avenue to the south property line as a stub street, located between Lot 20, Block 14, and Lot 37, Block 12. Provide a paved temporary tumaround at the end of the stub street, as proposed. Install a sign at the tern~inus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street and the design of the turnaround with District staff. Tuscany Lakes.cnm~ Page 10 24. Stub Lucca Avenue to the north property line as a stub street, located between Lot 9, Block 6, and Lot 1, Block 8, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 25. Construct Como Way to the south property line as a stub street, located between Lot 11 and Lot 13, Block 9, in alignment with the proposed Como Way on the north side of Calabria Court. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 26. ACHD will review the school site in the future when the plan is submitted by the school district. 27. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 28. No access points to Eagle Road have been proposed and none are approved with this application. 29. Other than the two public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written_ request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. 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 ofthe Commission's action shall be made in writing to the Plamling and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the dime of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Tuscany Lakes.cmm Page 11 ~1 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, 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. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. 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. Tuscany Lakes.cmm Page 12 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff December 13, 2000 Tuscany Lakes.cmm Page 13 Sent By: ; 20H HH8 6H54• DCC-20-00 4:43PM; Pape 111 .-~ DEC 2 Q Y000 Pf ~A311:'~~Y ~ Zf~AfiiN~ and Bonnia Glick ? E. Victory Rd. rdlas, Idaha 83642 D~ecembcr 18, 2000 ~~~ ~~ ~ ~J~ ~'~ ~~ ,~;J ' SEC 2 1 2000 '1'0: City of Meridian ~ ~.n ~ s^i ~~ar'~r1 Ytsaning apd Zoniq~,Comrnissiun 33 Last Idaho Street _ '' Meridian, Idaho 83642 Dear Sirs: tWe have lived at the above address for almost 20 years. We have enjoyed the country atmosphere in this aea. We have especially enjoyed the view of the Oayhcc Mountains south of us. We do not want to lose this asset to our living. We would like to see sinFlc story homes built on at least 3 lots directly across Victory Rd. from us. We arc concerned about traffic in this area and with this new development. Already the corners of Eagle acrd Victory and Eagle and dverland are a mess during the rush hours, Iiow will the county accommodate this additiunal influx of population when the roads are already overloaded? VVe would recommend aoute opcnr space and parks in this subdivision. No open space, except for drainage p?nnds, has been planned for in any of the subdivisions around us. Plcagc put land aside for s park. The quality of life in this area needs open spaces and parks to rnake it liveable. We arc concerned about our water supply. A11 the homes along Victory Rd. next to us have domestic bells. What kind of water supply will this subdivision use and can you guarantee it won't deplete uur wells? "think you for considering oNr concerns. DEC 20 '00 16 58 208 888 6854 PAGE. 01 ~°E~D DEC -g 2000 CITY' ~~~ ~~~~ • ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 December 5, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Meridian City Hall SHOP: Nampa 466-0663 33 East Idaho Street Meridian, ID 83642 Re: Annexation and Zoning of 156.21 acres from RT to R-4; Preliminary Plat approval in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development for proposed Tuscany 4 Lakes Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned proposed project, however any encroachments on the District's Ridenbaugh Canal or the Tenmile Drain without written approval are unacceptable. Sincerely, ~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i~ g,EcENED Nov 2 0 2ooa pia & ~lle~cid,~aa ~Ivcigat~c 2~cdarict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7$61 Will Berg, Clty Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re; CUP-00-052 Conditional Use Permit request to have flexible lot sizes, frontages and block lengths for Tuscany Lakes Subdivision November 14, 2000 Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the flexible lot sizes, block length or frontages on the above-mentioned proposed project. However, all easements and right-of-ways of the Nampa & Meridian Irrigation District must be protected. Any proposed pathway that bridges the District's canals, laterals or easement is unacceptable. Sincerely, ~~~. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop rile - C:iice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 f MAYOR HUB OF7RF.ASURE VALLEY ^ A Good. Place to Live ~~ ~ ~-~ ~~~ ~ '"~' `~"r`~~ Robert D. Collie CITY OF MERIDI~~N z~~~ ,~ ~~~ ~ ~ ~ ~~ CO~~>z M>~>~ 33 EAST IDAHO , Ron Anderson xeith Bird MERIDIAN, IDAHO 83642 ~ ~ ~`Yl ~ U, Tarsurry deWeerd (208) 888-4433 ~ FAX (208) 887-4813 City Clerk Office Fag (208) 888-4218 Cherie McCandless MEMORANDUM: March 13, 2001 To: Planning & Zoning Commission, Mayor & City Council ~~ ~-:~U ~ From: Steve Siddoway, Planner ~~v--~-- LIAR) 3 2001 . Bruce Freckleton, Assistant to City Engineer ~~ CITY OF M ERIDIAN Re: TUSCANY LAKES SUBDIVISION (REVISED) '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F - Request for Annexation and Zoning of 156.21 Acres from RUT (Ada County) to R-4 by Gem Park II Partnership (File #AZ-DD-023) - Request for Preliminary Plat of 156.21 Acres for 353 Building Lots and 39 Other Lots (now 349 building lots and 44 other lots on the revised plat) by Gem Park II Partnership for a Residential Subdivision in a Proposed R-4 Zone (File #PP-DO-024) - Request for a Conditional Use Permit (Planned Development) for Flexible Lot Sizes, Frontage, Block Length, Cul-de-sac length, ditch tiling, and sidewalk requirements. (File #CUP-DO-052) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY/BACKGROUND This Staff report is a revision to the 12-OS-00 Staff memo regarding the subject applications. It provides a detailed analysis of the annexation, preliminary plat and planned development (CUP) applications, while the previous report dealt primarily with the annexation only. The applicant has made several modifications to the original plat, including: a. The school site has shifted north and the lot configurations around it have changed accordingly. b. The street and sewer connection between the east and west portions of the property is now below the school site and no longer crosses the Morgner property. c. Dartmoor Drive now curves for traffic calming and the roundabouts have been removed. d. The total number of building lots has been reduced from 353 to 349. e. The total number of common lots has been increased from 39 to 44. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc i 1 Mayor, Council and P&Z March 13, 2001 Page 2 SURROUNDING PROPERTIES Surrounding properties on all sides of the project include working farms and rural residential uses, zoned RUT. The area north of Victory Road includes Thousand Springs Subdivision, zoned R-4, which is the point the subject property is contiguous with existing City Limits. CURRENT OWNERS OF RECORD The Burnett Family Trust, Walter T. Sigmont, Jr., and Raymond C. Smith are the current property owners. The applicant has submitted notarized consent statements from all current property owners to clear up the ownership questions raised in the original staffreport. ANNEXATION AND ZONING COMMENTS A detailed analysis of the annexation application was provided in Staff's 12-5-00 report. Our original recommendation was that "issues related to ownership, emergency access, power service, sewer and water, school siting, parks and pathways, floodplain, wetlands, and traffic should be resolved before annexing the property to the City." The current status of those issues follows: • Ownership: The applicant has submitted Affadavits of Legal Interest from the current property owners. This issue is resolved to staff's satisfaction. Emergency Access: A second emergency access is still needed. No more than 100 lots should be allowed to develop within the subdivision until a second access is provided. To accommodate this requirement without redesign of the subdivision, the "through streets" that provide access to the arterials could be graded to allow emergency access. This issue should be discussed as part of the record. The applicant should coordinate this issue with the Fire Department. • Power Service: Idaho Power has stated that they do not want to stop this project. "There is a serious lack of facilities in this area currently, however, to serve this new proposed subdivision." The subdivision cannot be served with any power until after September 1, 2001. This date is dependent on Idaho Power obtaining approval for a new substation in time for construction, prior to the 2002 summer peak electricity demand. • Sewer: The City's Sanitary Sewer Master Plan shows that the proposed subdivision would sewer via the Ten Mile Drain, with the west half draining toward Locust Grove and the east half draining toward Victory Road. The current revised conceptual sewer plans submitted with the application do not follow this plan. The sewer concept plan shows all sewer from the east crossing over into the west area draining to Locust Grove. As originally discussed, any proposal that is not consistent with the established Public Facilities Plan will have to be analyzed against the plan to determine if the final result will achieve the same desired area and level of serviceability. All costs of the analysis by the City of Meridian's Public Facilities Plan consultant shall be borne by this developer. The revised sewer concept plan was submitted to the city's consultant on March 5, 2001, for preparation of a scope of work AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc ~ . /'\ Mayor, Council and P&Z March 13, 2001 Page 3 and cost estimate. Modeling will not be started until the estimates are completed and proper agreements are executed. • Water: Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Copies of the revised conceptual water plans will be transmitted to the City of Meridian's Water system consultant for detailed analysis. All costs of the analysis by the City's consultant shall be borne by this developer. • School Sitine: Under the proposed phasing plan, the roads would not reach the school site until the final phases of development. The applicant's representative has told staff that the developer will build the roads to access the school site whenever they are ready to begin construction. This agreement needs to be made part of the record. Staff still has two concerns about the proposed school site. First, the school property has no frontage along the street, which makes the school difficult to find, in staff's opinion, and hides it, rather than making it the focal point of community development per comprehensive plan policies. Second, the proximity to the Ridenbaugh Canal is a safety concern. It should be noted that the school district does not share these concerns, so perhaps they are anon- issue. Finally, the revised layout creates a difficult turn and a possible safety hazard for busses and other vehicles coming from the north into the site. The entrance is located very near the intersection of Rome Drive and Tiber Avenue, creating, in staffs opinion, a dangerous blind intersection for vehicles pulling out of the school site. Neither ACHD nor the school district has commented on this layout. • Parks & Pathways: The applicant should have met with the Parks Dept. to discuss the potential of a park site in this area, as well as the pathway requirements. The applicant should address the results of this meeting to the Commission. The applicant is proposing to construct a pathway along Ten Mile Creek, as required by the Comprehensive Plan. Staff supports the pathway. However, there are still unresolved issues related to development standards and dedicating the pathway to the City for public use and maintenance. These issues must be resolved. Floodnlain: The developer is required to determine actual flood elevations through a detailed study. The original staff report stated that the applicant should be required to provide the City with such a study before any action is taken on the preliminary plat. This report has not yet been prepared. However, preliminary indications show that the floodplain may be confined within the banks of the creek channel. Therefore, staff agrees that the detailed study may be submitted with the final plat application for the subdivision (first phase). • Wetlands: A wetlands area exists along the south portion of the property. It appears that part of the wetlands may be filled to accommodate the S. Pompeii Avenue stub to the south. The applicant should provide the City with a letter from the Corps of Engineers regarding the status of the wetland area and any required protective measures. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc / '~ ~'1 Mayor, Council and P&Z March 13, 2001 Page 4 • Traffic: ACRD has not yet reviewed the revised plat. ACRD would like to make sure that any major design changes required by City staff and the P&Z Commission are done prior to their review. Once the major design changes have been finalized based on the City's issues, ACRD does want to review the revisions prior to sending the application to Council. The street connection no longer crosses the Morgner property, so the offsite connection issue has been resolved. ANNEXATION SITE SPECIFIC REQUIRMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with adjacent properties within the City and with the Comprehensive Plan land use designation ofsingle-family residential. 3. The subject property is within the Urban Service Planning Area. At this time it is not known whether essential city services are available to the subject property. As mentioned above, detailed analysis will need to be completed to determine if the proposed sewer routing, contrary to the City's Master Plan, will achieve the same desired area and level of serviceability as the Master Plan route. Detailed analysis will also need to be completed on the water system to determine the serviceability of the proposed development. All costs of the analysis by the City's consultants shall be borne by this developer 4. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 5. A condition of the Annexation/Development Agreement shall be that the project comply with the standards of the Landscape Ordinance, 12-13. 6. Detached sidewalks with a minimum 5-foot-wide planter strip between the curb and sidewalk shall be required along the frontage of Locust Grove and Victory Road. ANNEXATION & ZONING -GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc ~ . Mayor, Council and P&Z March 13, 2001 Page 5 3. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. PRELIMINARY PLAT SITE SPECIFIC COMMENTS 1. According to the applicant'; • 7,000-8,000 s.f • 8,000-9,000 s.f • 9,000-10,000 s.f. • 10,000-11,000 s.f. • 11,000--12,000 s.f. • 12,000-13,000 s.f. • >13,000 s.f. > calculations, the proposed plat contains the following lot sizes: 91ots 671ots 721ots 961ots 37 lots 321ots 361ots The proposed density is 2.29 dwelling units per acre. 2. The outstanding issues related to emergency access, power service, sewer and water, school siting, parks and pathways, floodplain delineation, wetlands, and traffic (discussed at length under the annexation comments) also apply to the plat. 3. Sanitary sewer service to this development has been proposed to all flow out to Locust Grove Road, even though the Sanitary Sewer Master Plan developed for the City shows only the western portion flowing to Locust Grove, and the eastern portion flowing to the north to Victory Road. 4. Water service to this development is proposed to be via extensions from the existing mains. 5. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 6. Applicant shall be responsible to construct permanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. The open space requirement for this plat (typically 5% for a single family residential plat) is actually 10% due to the planned development application for this project. The open space issue will therefore be handled under the Conditional Use Permit comments. All open space must be in conformance with the landscape ordinance to be included in the open space calculation. The application appears to easily meet the 5% requirement. 8. A generic landscape plan was submitted with the application, which is not in compliance with the Landscape Ordinance and is not approved. The following issues are noted for resolution: 1- The plan states that "open areas shall be grassed with the possibility of trees AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc i~ Mayor, Council and P&Z March 13, 2001 Page 6 and/or shrubs." Note: Trees and grass, shrubs, or other vegetative groundcover are required in all common areas to be counted as open space. 2- The plan states that "existing trees shall be removed, unless it is possible to use them for landscaping purposes." Note: All existing trees greater than four-inch caliper must be retained and protected, or mitigated for, in accordance with the Tree Preservation section of the Landscape Ordinance, 12-13-13. 9. A detailed landscape plan for the common areas, in compliance with the Landscape Ordinance, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. 10. The proposed 30-foot-wide landscape buffers along Victory Road and Locust Grove Road are in compliance with the 25-foot minimum in the Landscape Ordinance. The buffers shall be located beyond the required ACRD right-of--way and constructed by the developer as a condition of the plat. The landscape buffers shall be placed in separate common lots as shown. Fencing is not to encroach upon these buffers. Landscaping within the buffers is to be verified as part of the detailed landscape plan submittal with the final plat. 11. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 12. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation must be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas, prior to signature on the final plat. Applicant shall submit irrigation performance specifications to the Planning & Zoning Department in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. 13. A letter from Mr. Al Malaise, dated January 10, 2001, was sent to the City regarding irrigation ditch issues. The applicant should address this issue and its resolution for the record. 14. The revised plat does not contain any of the notes, legend, easements, contours, or phasing information contained on the original plat. This information must be added to the revised plat. 15. The easement for the Nine Mile Drain is not shown on any of the submitted plans and it is possible that some of the proposed lots may encroach within this easement. Please verify the width of the easement and show it on the plat. 16. Submit ten copies of any required revisions to the preliminary plat at least ten (10) days prior to public hearing at City Council. PRELIMINARY PLAT GENERAL REQUIREMENTS AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc Mayor, Council and P&Z March 13, 2001 Page 7 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Provide sidewalks in accordance with City Ordinance 12-5-2.K and 12-13-10-8. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 7. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 8. Two-hundred-fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 9. Indicate on the final plat map all FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary, if necessary. CUP (PUD) REQUIREMENTS 1. As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances in accordance with 11-17-1 and 11-17-4. 2. Planned Development Regulations: As a planned development, the Tuscany Lakes Subdivision must comply with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for Planned Development, and 12-6-7 General Standards for Planned Developments. 3. Modification of District Regulations: The primary purpose for the submittal of a Planned Development/Conditional Use Permit for this application is to request modifications to the standard ordinance requirements. The requested modifications include: AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc / ~ Mayor, Council and P&Z March 13, 2001 Page 8 • Lot frontage: Many lots have less than the 80-foot frontage requirement for the requested R-4 zone. The minimum lot frontage appears to be 70 feet on standard lots, 50 feet along street bends, and less than 40 on the bulb-out north of the school site. • Block length: The 1000-foot maximum block length is exceeded. • Cul-de-sac length: The 450-foot maximum cul-de-sac length is exceeded by Adriatic Place and Mediterranean Court. • Lot sizes: 9 lots are less than the required 8,000 s.f minimum. Most lots exceed the minimum lot size. 200+ lots are greater than 10,000 s.f. • Ditch tiling: A waiver from ditch tiling requirements is requested for all waterways on site, including the Ridenbaugh Canal, Ten Mile Creek, Eight Mile Lateral, and Nine Mile Drain. All other ditches are proposed to be piped. • Sidewalks: Ordinance requires sidewalks to be built along both sides of Dartmoor Drive. The applicant is proposing to construct a 10-foot-wide pathway (construction material unknown) along the north side of Dartmoor, and no walkways along the south side. Staff prefers a concrete sidewalk or meandering path on each side of the street. 4. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space per City Ordinance Section 12-6-7-E-5. The applicant has provided staff with calculations that meet/exceed this requirement. Open space must be improved with landscaping and irrigation to count toward the open space requirement. Unimproved ditch easements and other bare ground/weed areas will not count as open space. The application states that within the major open space areas along the Eight Mile Lateral and Ten Mile Creek, the developer "would like to slope these areas to create a natural habitat between the home sites and Nampa Meridian's facilities." Please provide additional information regarding the treatment of these "natural habitat" areas. Will they be be simply left as "natural" unimproved areas, or will they be designed and planted with native species of trees, shrubs, and grasses and provided with appropriate irrigation? 5. Pathways: The applicant has stated verbally that a development feature of the subdivision will be constructed pathways along the Eight Mile Lateral and Ten Mile Creek, connected by micropaths to create a loop. These pathways do not currently show up on any of the plans. The applicant should verify this for the record during the hearing, including construction type and width. Staff supports the provision of the pathways. The pathway adjacent to Ten Mile is required per the Comprehensive Plan. Construction standards and ownership/maintenance issues must be coordinated with the Parks Department. 6. Stormwater Detention: All areas used for stormwater detention must be designed and built at least to the minimum standards of Ordinance 12-13-14. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc r~ Mayor, Council and P&Z March 13, 2001 Page 9 7. Open Water Features: All open water features must be approved through the Alternative Compliance process per Ordinance 12-13-18-2.H. Design details must be submitted through this process to demonstrate adequate circulation and aeration to prevent algae blooms, mosquito breeding problems, etc. Conceptually, staff supports the water features shown as part of the Conditional Use Permit. 8. All common landscape areas shall be owned and maintained by a homeowners association. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. COMPREHENSIVE PLAN ANALYSIS There are several Comprehensive Plan policies that both support and do not support this proposed annexation. Since the Preliminary Plat and CUP were submitted with the annexation, staff considered all requests together in this analysis. Comprehensive Plan policies that support the annexation/plat/CUP include: • The subject property is designated as Single Family Residential on the Land Use Map of the current Comprehensive Plan. The Applicant is requesting an R-4 zone, which complies with the single family designation. • "Encourage new development...of higher-density development within the Old Town area and lower-density development in outlying areas." (Land Use Chapter, 1.4U) The proposed development has a gross density of only 2.29 units per acre. • "Encourage landscaped setbacks for new development on entrance corridors." (Community Design Chapter, 4.4U) The proposed subdivision has 30 feet along Victory Road and Locust Grove • "Support a variety of residential categories...for the purpose of providing the City with a range of affordable housing opportunities." (Land Use Chapter, 2.1U) The proposed subdivision has lot sizes ranging from 7,000 s.f. to over 19,000 s.f. Comprehensive Plan policies that do not support the annexation/plat/CUP include: • "The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan... b. Scattered residential (sprawl or spread)." (Land Use Chapter, 1.3). The proposed development is contiguous with existing city limits for only about 480 feet and creates a large enclave of county property between the proposed development and the existing subdivisions north of Victory Road. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc / ~ ~'1 Mayor, Council and P&Z March 13, 2001 Page 10 • "Police protection within the city limits.. .should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." (Public Services Chapter, 6.8) With an estimated current population of 41,000 and 42 sworn officers, the current ratio is approximately 1.0 officers per 1,000. An additional 28 officers would be needed today to bring the ratio up to 1.7 per 1,000. At buildout, this development alone would warrant at least one additional officer. "Housing proposals shall be phased with...public service and facility plans, which will tTLaximi~e benefits to the residents, minimise conflicts and provide atie-in between new residential areas and service needs." (Housing Chapter, 1.6) The proposed sewer does not follow the City's current facility plans. RECOMMENDATION The outstanding issues that may significantly affect the project desigr~namely sewer and water, emergency access, school siting, parks, wetlands, and canal easements should be resolved to the Commission's satisfaction; direct the applicant to make any appropriate changes to the plat to address those issues; and allow ACRD to comment on the revised plan prior to sending the project onto Council. AZ-00-023, PP-00-024, CUP-00-052 Tuscany Lakes.AZ.CUP.PP.doc ~uscu ~ Jv .s:., ~~ S Sa~ APR 19 2001 City of Meridian City Clerk Office My name is William Patterson. I live at 4224 S Locust Grove, Meridian, Idaho, ~~ C'8r,-. 83642.. I own property which is adjacent to the proposed development to the south . I request the Planning and Zoning Commission deny this application. I base this request on the following. concerns: There is insufficient road access for large amount of traffic which this development would generate.. Both Victory and Locust Grove are two lane rural roads not designed for the traffic this development would create. There are. significant issues regarding sewer and water for this development_ This involves both the extension of the utility sewer and water and potential ground water issues involved in providing service for the 350+ dwelling units. This proposed development is inconsistent with existing land use in this area south of Victory Road... There are no developments of this scale south of Victory in this area and Victory is a good "Stop Line". As a property owner and tax payer, I am concerned that-this. development., will cause an increase in property values and an increase in taxes. This will create undue hardship on existing property. owners. This is not a desired development.. It will adversely effect the. quality. of life in the immediate area, thru increased traffic, increased numbers of people and the accompanying clutter,. and noise. This development will. adversely effect. desirable. rural characteristics. o£this area. I respectfully request this Board, which is charged with the responsible development of Meridian and Meridian's area of impact to deny. this. request ~~ LJ ~~ ~~r rte. June 2, 2001 Meridian City Council City of Meridian RE: Proposed Tuscany Lakes Subdivision Dear Mayor and City Council Members: ~~~W" C ~~~~ ~ ~ ~ 1 ~o J~~ My name is Rex Young, 2950 E. Victory Road, Meridian, ID 83642. My wife Mazla and I reside on the North side of Victory Road, across from the proposed exit from the subdivision onto Victory Road. We have resided there for over 30 years. The proposed exit onto Victory Road has been of extreme concern to us. A car exiting the subdivision traveling West will flash their headlights onto our front windows. We have some protection now with an 8 foot hedge but when Victory Road is widened, the hedge will have to be removed as it is within the 48 foot from centerline right-of--way that will be required. We have studied the plans and believe our problem can easily be resolved by relocating the proposed exit road to the West and lining it up with Brandys Jewell, The North exit from Thousand Springs Subdivision. On April 14, 2001, I submitted a letter to Planning and Zoning outlining our proposal. A copy of that letter is attached. I have talked with the Meridian School District about their busing policy. Their standazd policy is that children residing less than 1 %i miles from the school site will NOT be bused. They do make exceptions on a case by case basis. Applying that policy, all children utilizing the new school site who live in Thousand Springs, Thousand Springs Village, and Woodhaven Subdivisions would not be bused. On May 24, at Mr. Ken Brown's (Briggs Engineering) invitation, we met with ACHD Planner and Traffic Engineer. The Traffic Engineer indicated that if the roads were aligned as I suggest, the intersection would meet ACHD standards. I also pointed out to them that leaving the intersection at the location as now proposed, the walking distance to and from the school each day from the North side of Victory Road would be increased by over '/< Mile. Ladies and Gentlemen, you know better than I how important it is to plan properly and grant approvals that hopefully will not result in having to re-do projects and intersections. We certainly don't want another Curtis Road extension. My recommendations remain unchanged from my earlier letter to Planning and Zoning. j~ECEIVED JUN 0 4 2001 CITY OF MERIDIAN CITY CLERK OFFICE RECOMMENDATIONS: 1. That you deny that portion of the plan which shows the North exit on the East side of the proposed subdivision. 2. That you direct the North exit be moved to the West to align with Brandys Jewell which is the South exit from Thousand Springs Subdivision. 3. That necessary approvals be obtained for that exit location from ACID. 4. That a traffic control device be included in the plans for that intersection. 5. That any necessary safety improvements be considered to improve the overall safety to that intersection. 290 E. Victory Meridian, ID 83f r. „ ,~•~ April 14, 2001 Planning and Zoning Commission City of Meridian RE: Continued Public Hearing for Tuscany Lakes Subdivision (AZ 00-023, CUP 00-052, PP 00-024) Commissioners: I am writing this letter for inclusion in the Public Record and for your consideration when you have your next meeting on the above referenced proposed subdivision. I have attached a Vicinity Map with annotations to hopefully clarify my comments. As I indicated during the earlier public hearing, we have lived on our property for over 30 years. To the north of our property, Thousand Springs, Thousand Springs Village, and Woodhaven Subdivisions have been developed. To the South now, Tuscany Lakes Subdivision will soon become a reality. We had few objections to the proposed development but were very concerned about the exit from the subdivision onto Victory Road. The proposed exit is across from our East boundary, and when our privacy shrubs are removed sometime in the future for the widening of Victory Road, the vehicle lights of those making a left turn will flash onto our front windows. This will not only be very annoying but also will adversely impact our quality of life. To remedy this problem for us, we are suggesting that the exit road be moved to the West to align with Brandys Jewell which is the exit road from Thousand Springs Subdivision. During the last public hearings there was considerable discussion concerning the school site and walking routes to and from the school. The representative from the school system made several emphatic points: (1) School Children should have an interior walking route which keeps them away from the canal; (2) Some kind of walkway from the North End of the subdivision should continue across Victory Road so children from Thousand Springs could walk to and from school; (3) Some kind of traffic control device would be needed on Victory Road for safety of children crossing the road. I have talked with planners from Ada County Highway District about Brandys Jewell exit onto Victory Road. They indicated that the exit just meets the minimum requirements for an exit. Slightly shaving the hill to the East of that exit would improve line of sight and traffic light installation would greatly improve safety of that intersection. By moving the North exit from Tuscany Lakes Subdivision to the West and aligning it with the Brandys Jewell exit from Thousand Springs Subdivision the following benefits would be realized: r ~ ~ ` '/~ 1. The problem would be eliminated concerning our property and the vehicle lights striking our front windows when they exit to the West. 2. School Children would have a safe interior walking route (away from the canal) to and from school when walking from the North end of the subdivision or from Thousand Springs area. 3. A walkway would be provided through the subdivision and across Victory Road so students from Thousand Springs, Throusand Springs Village, and Woodhaven Subdivisions could walk to and from school. 4. Permit installation of a traffic light to improve safety of children crossing Victory Road and vehicles exiting both Thousand Springs and Tuscany Lakes Subdivisions. 5. Would allow some improvement to the Brandys Jewell exit as it now exists to improve the safety of that exit. RECOMMENDATION: 1. That you deny that portion of the plan which shows the North exit on the East side of the proposed subdivision. 2. That you direct the North exit be moved to the West to align with Brandys Jewell which is the South exit from Thousand Springs Subdivision. 3. That necessary approvals be obtained for that exit location from Ada County Highway District. 4. That a traffic control device be included in the plans for that intersection. 5. That any necessary safety improvements be considered to improve the overall safety to that intersection. Thanks for your consideration. Re . Yo g 250 E. Victory R d Meridian, ID 83642 Fi~E tort BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) TUSCANY LADES SUBDIVISION FORA ) PLANNED RESIDENTIAL ) DEVELOPMENT, LOCATED AT THE ) SOUTH SIDE OF VICTORY ROAD, ) EAST OF LOCUST GROVE WEST OF ) EAGLE ROAD, MERIDIAN, IDAHO ) BY: GEM PARK II DEVELOPMENT, ) APPLICANT. ) CUP-00-052 C/C 06/ 19/01 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 5t'' day of June, 2001 and continued until June 19, 2001, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY GEM PARK II PARTNERSHIP / (CUP-00-052) -1 ^ sue. appearing and testifying on behalf of the Applicant was: Dent Brown of Briggs Engineering, Inc., and appearing and testifying with comments/concerns or in opposition were: Herman Pullman, Rex Young, Mary DeChambeau, and Greg Johnson, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 -January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The accompanying project for annexation and zoning in Case No. AZ- 00-023 was denied at the City Council meeting held on June 19, 2001, for the reasons stated within the Findings of Fact and Conclusions of Law denying the annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY GEM PARK II PARTNERSHIP / (CUP-00-052) -2 ,''~ ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that the corresponding Case No. AZ-00-023 was denied at the City Council meeting held on June 19, 2001, for the reasons stated within the Findings of Fact and Conclusions of Law denying the annexation and zoning. This application is therefore denied. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. Dated this ~ 2 ~ day of ~~'`'~~' , 2001. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY GEM PARK II PARTNERSHIP / (CUP-00-052) VOTED VOTED--~~~~ VOTED--~~~ VOTED__~ -3 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~- ~ -D / MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: ~ ~~~~ Z:\Work\M\Meridian\Meridian 15360M\Tuscany Lakes Sub AZ-00-023 PP-00-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY GEM PARK II PARTNERSHIP / (CUP-00-052) jk`~q~ttA11~ Nita;}att. 1 ` ~ ~~- ~r~ .~ ~ S4+ jff~tr_,, ""Lf~ 5'' L ` ~ tl ~~`. - 4 FILE COPY Affidavit of Mailing of Public Hearing Notices Subject: Tuscany Lakes Subdivision File No.: CUP 00-052 I, Shelby E. Ugarriza, hereby certify that the public hearing notices were sent to the property owners adjacent to the subject property noted in the mailing list on Friday, May 18, 2001 for the public hearing on June 5, 2001 and witnessed by Holly Ulias. Signed, 7 .. (preparer ~I~~ C ~~ Date ~+Q~ 1n flan' e V 'V~ ~~ (witness) Date ..~'r ... Certified Mailing Returns 2 ~'-~~ Dr~Oe~-~ Al~me FI~a NA~C~ ._ w~ 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 Avenue, Meridian, Idaho at the hour of 7:00 p.m. on February 1, 2001, for the purpose of reviewing and considering the application of Gem Park II Partnership for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; ' Furthermore, the applicant also requests Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. 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. Oral testimony may be limited to three (3) minutes per person. Written testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 10th day of January, 2001 WILLIAM G. BERG, JR., I CLERK l`lllllkllil"t(/(~~F \l~ ~~~ PUBLISH January 12th and January 26th, 2001~ ~~~ ~o ~~.~1, _ 9G-, $~ w z 3 Q Z V Z 0 m V ~~~ ~- m d 0 0 0 0 0 0 M O O O N O O O r ii I . ---~i I /~, ~~~ 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 February 1, 2001, for the purpose of reviewing and considering the applications of: B and A Development for a Conditional Use Permit to construct a 3-story, 87- room hotel for proposed Ameritel Inn in an L-0 zone generally located at Magic mew Drive and Allen Street west of Eagle Road; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located west of Eagle Road, north of Magic View Drive; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Vctory Road and west of Eagle Road; Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; PUBLISH January 12~' and January 26~', 2001 rs = ~ ~„ .-.. ** TX CONFIRt ON REPORT ** AS OF JAN 03 _ 18 10 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 04 01103 18 09 12083452950 EC--S 00'58" 002 134 OK -------------------------------------------------------------------------------------- ~~~~~ Dear Applicant: ~/f~~2 [ ~~ As the applicant/applicarrt's representative for one of the projects listed below, you aze aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A rr~esno dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, i>xf'ormed you of your responsibility to repost the property one week prior to the new hearing date. if the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thruteller by Mountain West Bank - Magio View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north Waggle PIace: CUP 00-053 Request fo Use Permit tract a 3-sto hotel for propo r Inn by B and A pment -Magi ' w ive/Allen Stree of Eagle Road: CUP 00-OS4 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard-Conrad Architects -south of Fraiilclin Road and west of locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects -Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approve for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Staz Properties -east of Black Cat and south of Ustick Road: AZ 00-0Z3 Rcqucst for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: CUP-00-OSZ Request for Conditional Use Petmit for a Planned Residential Development in a Proposed R-4 zone to permit variance from lot size, frontage, and cal-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: PP 00-OZ4 Request for Preliminary Plat approval for 353 building lots and 39 other tots on I56.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and west of Eagle Road: Dear Applicant: As the applicant/applicant's representative for one of the projects listed below, you aze awaze that the public heazings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to repost the property one week prior to the new hearing date. If the property was not reposted, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank -Magic View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north Waggle Place: CUP 00-053 Request fo 1 Use Permit ct a 3-sto m hotel for pro a Inn by B and A pment -Magi ' w rive/Allen Stree of Eagle Road: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard-Conrad Architects -south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects -Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties -east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Pazk II Partnership - south of Victory Road and west of Eagle Road: CUP-00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Pazk II Partnership -south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and-west of Eagle Road: RZ 00-008 Request for Rezone of 5.17 acres from L-O to R-4 by JUB Engineers for proposed Devlin Place No. 2 -south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: PP-00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, ,the undersigned, acknowledge my responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly post the property will increase the possibility of any approval being overturned should the application be contested. I am aware that to proceed with a public hearing without posting of the property as required by Idaho Code would be at my own risk. Signature Title: Date: STATE OF IDAHO ) ss. County of ) On this day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ known or identified to me to be the authorized agent of who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individuaUcorporation/partnership) and that said (individuaUcorporation/partnership) executed the same. Notary Public for Idaho Residing at Commission Expires:_ ** TX CONFIF~TION REPORT ** DATE TIME TOiFROM 30 12111 08 43 PUBLIC tJORKS 31 12111 08 48 208 888 6854 AS OF DEC 11 ^'~ 08 = 53 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMDtt STRTUS OF--S 04'37" 011 050 OK EC--S 05'01" 011 050 OK ~CE~D r . ADA COUNTY HIGHWAY DISTRICT SEC - 9 20DU "`~` Planning and Development Division CITY OF tl'IERIDjA11j ``'`~ Development Application Report ':i, :n•-~< Yrelin,inary Plat -Tuscany Lakes/MPP-00-024 Locust Grove Road/Victory Road MAL-UO-023/MCUP-00-052 'This application has been referred to ACRD by the City of Meridian for review gild continent. 'Tuscany Lakes is a 353-lot residei,tial subdivision on 152.5-acres. The applicant is also requesting a ~•,~.: rezone from RT to R-4 and aiuiexation into the City of Meridian, and conditional use approval for a ~2,_: planned wait development. This preliminary plat includes an elementary school sites The sift is ,~~ located on the south side of Victory Road, east of Locust Crrove Road. phis development is estimated <.,,..: to generate 4,000 total trips based on the submitted traffic study. ~~`~ '~' ~" Roads impacted by this development: Locust Grove Road Victory Road L-agle Road ;~.n. ~_ !~,:~: '~ ~.,, ~~~ per,,,' i-x ACHD Commission Date -December 13, 2000 - 7:00 p.m. ~'uscany Lakes.cnnn Paee 1 ,-~. r HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT A Good Place to Live (2pg) 288-2499 • Fax 288-2501 Robert D. Corrie V M CITY COUNCIL MEMBERS ~~~ ~~ - " -~~~~~~~ PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PL NING AND ZONING Tammy deWeerd RTMENT City Clerk Office Fax (208) 888-4218 (20 3 Fax 888-6854 Cherie McCandless -r ,_r wo y~ ~~ ~~ ~ ~ TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENI'~~11~C' WITH THE CITY OF MERIDIAN °`~'°F;~~r To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: CUP-00-052 Request: Conditional Use Permit request to have flexible lot sizes, frontages and Block lengths By: Gem Park II Partnership t_ocation of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department _~ Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~ ~~ / ~ ~~ City Planner Parks Department (Residential Applications only) Gen - 26 PPlFP/PFP - 30 AZ - 27 ~~3 d~ CENTRAL CENTRAL DISTRICT HEALTH DEPHRTMENT •• DISTRICT Return to: oRHEALTH Environmental Health Division ^ Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City Meridian Conditional Use # ~ Y u ~ `~ ~ '- ~~- ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~u S C~v v~ L-~a-lc ~ c ~.,... ~~ i ~ rcton. ^ Star A ~1. We have No Objections to this Proposal. N o ~ 1 4 ~QQ~ ^ 2. We recommend Denial of this Proposal. C~ ~~, ~~~~~~ ^ 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 conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources conceming 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. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~/ ~` / y Reviewed By: ~~ `1,~i~~/" ~o~~ Review Sheet T0.3Jtid bbL0b8880Z ,-. HU6 OF TREASURE VALLEY i=i= :9S 00 ~ 0z SON MAYOR A Gopd Place to Live LEGAL DEPwRTMENT Robert D, Comc (20S) 2S8.2a99 • Fax 258-2501 CITY QF MERIDIAN PUBLIC WQRKS CITY COUNCIL MEMBERS BUILDING DEPnRTMENT Ron Anderson 33 EAST IDAHO (203) SS?-22t I -Fax 887.129? Keith Eird M)GRIDIAN, IDAHO 83642 Tammy dcWccrd (208) 888-~33 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPwRTMENT Cherie McCandless (208) 33a-5533 • Fax 888-G85a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: CUP-00-052 Request: Conditional Use Permit request to have flexible lot sizes, frontages and Block lengths ay: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P2 Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C yc' .,Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reside Gen - 26 PPfFP1PFP • 30 A2.27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department REcErv~D N O V 2 0 2000 CITY 0~ 1VIER,IDIAN SAiiOd bbLAb8880Z=QI ZI3.Lb'M9I_Sb~M NHIQI2I3W 6T:9T 0A-0Z-ii Z0 ' 3Jtid bbL0b8880Z bb : 9Z 00 ~ 0Z (ION HUB OF TREASURE VALLEY MAYOR Rotx:rt D. Comic CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWeerd Chcric McCandless 33 EAST IDAkI0 MERIDIAN, IDAHO 83642 (20S) 888-4433 • Fax (208) 887-4813 Ciry Clerk Office Fax (203) 888-4216 LEGAL DEPARTMENT (208) 235-1,499 • Fox 288-2501 PUBLIC WORKS 9ULLDING DEPARTMENT (203) S87.221 I • Fax 887-1297 PLANNING AND "CONING DEPARTMENT (208) 38a-5533 • Fax 883-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Wilf Berg, City clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: CUP-00-052 Request: Conditional Use Permit request to have flexible lot sizes, frontages and Block lengths By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P2 Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, CIC Water Department _~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Past Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FPlPP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PPrPPtPFP • 90 AZ - 2? A Good Place to Lire CITY OF MERIDIAN ~CE~D NOV 2 0 2000 CITY OF MERIDIAN ZAiZOd bbL0b8880Z=Q I N3IHM3.i.SHM Nb' I Q I2r3W AE : 9 i A0-0Z- T T 11/17/2000 07:39 2088885052 MAYOR Robert D. Comic CITY COUi`tCIL MEMBERS Ron Anderson Keith Bird Tammy dcWcerd Chase McCandless PAGE 13 L.1:' i .: ti ;~ LEG AL DePARTMEN (208) 288.2499 • pax 288 FUBLIG WORKS $UILDING DEPARTME {208) 887-2211 • Fix 88T- PLANNING AND ZON DEPARTMENT (2oB) 88a-5533 • Fax 888 SANITARY SERVICE ~. HUB OF 7"REASURE VALLE) A Good Placc to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 383.4433 • Fax (20S) 867.4$13 Ciry Clerk Office Fax (208) 888-4218 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS ; WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendatlons to Meridian City Hall Attn: Will berg, Ciry Clerk, by: December ; Transmittal Date: November 6, 2000 Hearing Date: File No.: CUP-00-052 December 12, 2000 Request: Conditional Use Permit request to have flexible lot sizes., Block lengths ey: G®m Park ll Partnership Location of Property or Project: SW corner of Victory and le ..._._ - r Sally Norton, P/Z Meridian School District ~, ;r Bill Nary, P/Z Meridian Post Office (FP/PP) ~~> Jerry Centers, PIZ Ada County Highway District '' Richard Hatcher, P/Z Community Planning Assoc. Keith Borup, P/Z Central District Health ~~~'~~ Robert Corrie, Mayor Nampa Meridian Irreg. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP) i Keith Bird, G/C U.S. West (FP/PP) ~`~ ; w Cherie McCandless, C/C ~ Intermountain Gas (FP/PP) ~, Water Department Ada County (Annexation) Sewer Department Idaho Transportation Department Sanitary Service Building Department Fire Department Police Department City Attorney Ciry Engineer City Planner Parks Department (Residerttisl Applioatlons only) GQn . 26 PP/GP/PfP . 30 n2. 2> ~CE~D ~ o v ~ ~ Zooo crrY o~ n~~nr~v NOV 17 '00 les and 2000 06.51 2088885052 PAGE. 13 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY ..-. A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4333 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: File No.: CUP-00-052 December 12, 2000 Request: Conditional Use Permit request to have flexible lot sizes, frontages and Block lengths By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department _~_ Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department ~,ECEI~~ 10 1 N ~11~U City of iVi:sridiax~ City Clerk Office ,-~ ** TX CONFIRM SON REPORT ** ,-~. AS OF DEC it 'v~d 08 09 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 05 12111 0B~08 PUBLIC WORKS 06 12111 08 09 208 888 6854 MODE MINiSEC PGS CMD>~ STATUS OF--S 00'10" 001 022 OK EC--S 00'20" 001 022 OK j~c.~rvED DEC - 9 2000 CITY OF MERIDIAN I~a;~~.c~ ~ 7~tei~iCLk ~f ~GQI.t~' s~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463-0092 D®cember 5, 2000 Phones: Area Code 20B Meridian City Hall OFFICE: Nompo 466-7861 SHOP: Nompo d66-0663 33 East Idaho Street Meridian, Ib 83642 Re; Annexation and Zoning of 156,21 acres from RT to R-4; Preliminary Plat approval in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development for proposed Tuscany 4 Lakes Subdivision pear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned proposed project, however any encroachments on the District's Ridenbaugh Canal or the Tenmila Drain without written approval are unacceptable. Sincerely, ~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APDROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23:000 BOISE PROJECT RIGHTS - 40.000 BRIGGS ENGINEERING, /nom. ~N~s i ~wN~s ~ su~roRs December 7, 2000 Mr. Siddoway Meridian Planning Dept 33 East Idaho St. Meridian, Idaho 83642 RE: Tuscany Lakes Subdivision Dear Steve: 1800 West Overfand Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail kentb@briggs- engineering.com ~~ ~~ V~ F ~~ ~~'j~ c~ ~~~c~~ ~?~ ~~~~? ~~ r ~~~.a~ nA Per our conservation about sewer ,school, park site and secondary access issues on the site we wish to meet with Staffand discuss the issues raised and seek some thing settlement prior to proceeding to the Planning and Zoning hearing. We are hereby requesting that Commission continue our application until the next available Planning and Zoning meeting so we can meet with City Staffand discuss what information they need for the sewer and what our options are for secondary access . If you have any questions or need additional information, please call. Sincerely, BRIGGS ENGINEERING, Inc. Kent Brown Planner KB\ 0308~P&Z-hold-ltr 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 January 4, 2001, for the purpose of reviewing and considering the application of Gem Park II Partnership for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; Furthermore, the applicant also requests Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hail, 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 12th day of December, 2000 ~~~C~~ ~ao~~rF ~'~ ~'~-; ILLIAM G. BERG, JR., Y LERK c ~~ a ~~ ~S - ~~ PUBLISH December ~ 5th ~i. Dece ~9~~000. C V^• D z C W v 0 z z D ~ ~ 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 January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-0 zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard-Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C-G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C-G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. PUBLISH December 15th and 29th, 2000 ** TX CONF SAT I ON REPORT ** DATE TIME TO/FROM 09 12/11 17 07 12083452950 MAYOR Robert ll. Comic CITY COUNCII, ~33J=R5 Ron Anderson Keith Bird 1`ammy deWettd Cherie McCandless AS OF DEC 00 17.08 PACsE.401 CITY OF MERIDIAN MODE MIN/SEC PGS CMDti STATUS EC--S 00'33" 001 110 OK HUB OF TREAS(JKE VALLEY ]vC /~ G00(~ PL9CZ to i - ?^AL DEPARTMENT . CITY OF MERIDIAN ' ,: "; ~ 1 '^. Fax 266-2501 ~ ~ ~ ' ' ' ~ ~ ` i 33 FAST IDAHO ~ , ., '~ '' ' , ''' ~`' MERIDIAN, IDAHO 83642 „ ; I iS ~~ ~h ~., . ~~ ~ (ZOB) 888-4433 • tax (203) 387.4813 ~ 9 "' ~ ~ ~ i " ~ ~~~ ~'` ~ Ciry Clerk Officc Fax (208) 888-4218 it i ~ .r - +' :~ ~ ~ . a' ~ 1 ~ .~ f t ter ~.. - I ~ ~q 1 r i BS '~~ '~~~, i December 11, 2000 Applicants for Projects. Dear Applicant CUP 00-049 Mountain West Bank CUP 00-050 Ashford Greens #4 Subdivision CUP 00-053 Amerrtel Inn CUP 00-054 Meridian Police Station CUP 00-055 Sonntag Eye Associates PP 00-023 Autumn Faire #2 Subdivision AZ 00-023 Tuscany Lakes Subdivision CUP 00-052 Tuscany Lakes Subdivision PP 00-024 Tuscany Lakes Subdivision RZ 00-008 Devlin Place #2 Subdivision PP 00-025 Devlin Place #2 Subdivision Due to the incorrecf Notice of Public Hearings being published in the Idaho Statesman for the above listed projects, these projects have been rescheduled for Thursday, January 4, 2009 at 7:00 p.m. at the Council Chambers in the Meridian City Hall. The notices will be re-noticed for the new public hearing date. These projects wil! need to be reposted one week prior to the new hearing date. We are sorry for the inconvenience. Please contact me with any questions or concerns. Thank you for your cooperation. Sincerely <'i'/~%~ William G. Berg, Jr. City Clerk ..~. ** TX CONF aTION REPORT ** ,... RS OF NOU 20 d0 1426 PAGE.01 CITY OF MERIDIRN DRTE TIME TO/FROM 10 11/20 14 24 PUBLIC WORKS 11 11/20 14 25 LEGAL DEPARTMENT 12 11/20 14 26 208 888 6854 MODE MIN/SEC PGS CMDtI STATUS OF--S 00'11" 001 167 OK EC--S 00'23" 001 167 OK EC--S 00'20" 001 167 OK ~CE~D Gov z o znao o~ r~rr '7'2a,~r~ici ~ ~l~~r~ ~I~u~gatia~ 2~ia~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX tf 208-d63-0092 November 14, 2000 Phones: Area Code 208 OFFICE: Nampo d66-7861 will Q@rg, City Clerk SHOP: Nampa 466.0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re; CUP-00-052 Conditional Use Permit request to have flexible lot sizes, frontages and bock lengths for Tuscany Lakes Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the flexible lot sizes, block length or frontages on the above-mentioned proposed project. However, all easements and right-of-ways of the Nampa & Meridian Irrigation District must be proteded. Any proposed pathway that bridges the District's canals, laterals or easement is unacceptable. Sincerely, ~~~_ Bill Henson, Asst. Water Superintendent NAMPA ~ MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGA¢LE ACRES RIVER FLOW RIGHTS ~ 23,000 BOISE PROJECT RIGHTS - e0,00o 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 December 12, 2000 for the purpose of reviewing and considering the application of Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 353 building lots and 39 other lots generally located at the southwest corner of Victory Road and Eagle Road for proposed Tuscany Lakes Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 7t" day of November, 2000 '~ ~~~'' $"~ ., 4 ~~ y k PUBLISH November 24t"and December 8t", 2000. ~ _ ~ L as ~ ~+ , 4 W ~ y~q -fr.>>r ,ti.,~ . , €se. CLE m 0 W p J V cD ~ ~ o 7 ° m J Q ~. ~ O F o i m O 7 A r.. n c . Ut ~ ? ~ W ~ N 1 1 O O d V -I ~ C1t ~ W N i -~ ~ ~ > A v ~ ° n c Z ~ a ~ ,~ c ~ n y (n ? c faD N 7 H ° ~ ° ~ w Q~ ~ ~ A _~ za m afl n T n' ~ ~ O ~ H ~ m ' ~- is ` _ o p P f1 ~ N n Z m -- _ G ~ H ?~ C om ~ ~ S m Z y, Q ~ ~ C !.~ ~ ~ ~ n ~ ~ ! D T t0 ~ < ~ p n w ~ ~ ~ Z < 3 7' O?I ~ u ~ m_ . ~ ¢° S ~ S ~ ~ Sp ~ ~ Sp Q° .n ¢° H 7 ~ ~ ~ ' s y o. 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A w~~ ~~~o a o is ~ o z»'° ~ c ~ a ~ ~ ~ :D N x S?o -i v tD C7 O W cD fD fD Q. fli Q W N C H n N C Q Q N O rte. ^ 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 August 8, 2000, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 16.4 acres with 30 building lots and 2 other lots in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located in the Magic View Office Complex west of Eagle Road, north of Magic View Drive; B and a Development for a Conditional Use Permit to construct a 3-story, 87- room hotel for proposed Ameritel Inn in an L-O zone generally located at Eagle Road and Interstate-84; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer currently in an R-3 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard-Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park 11 Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 353 building lots and 39 other lots generally located at the southwest corner of Victory Road and Eagle Road for proposed Tuscany Lakes Subdivision. PUBLISH November 24th and December 8th, 2000 .-. Meridian Planning and Zoning Ccmmi. ~ Meeting May 3.2001 Pg. 30 Borup: I'm going to vote Aye. I feel that with the aspect of a Conditional Use Permit it can be reviewed if there's any non-compliance -the Conditional Use can be revoked. TIEBREAKER VOTE: 2 AYES, 1 NAYE, 2 ABSENT Centers: That's why I put 12 on there for Item 13, the maximum of 12. I tried to split the difference with the applicant. Borup: So it's two to one in favor then. I would Pike to thank everyone for coming. We mentioned earlier there will be another Public Hearing at City Council. Everyone that received would receive a notice again as before. Thank you. Centers: Thank you. Borup: Do we want to take a short break now or move into the next one? We do need one. Five minute break. Item 4, Contiinued Public Hearing from April 19, 2001: AZ 00-023 Request for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership -south of Victary Road and west of Eagle Road: item 5. Continued Public Hearing from April 19, 2001: PP 00-024 Request for Preliminary Plat approval of 353 building Pots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership --south of Victory Road and west of Eagle Road: Item 6. Continued Public Hearing from April 19, 2001: CUP 00- 052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership -south of Victory Road and west of Eagle Road: Borup: Okay we would like to reconvene our meeting this evening. Anyone is welcome to continue their discussions out in the foyer, outside. We're reverting back to the original schedule and it will be Items 4, 5, and 6 which are Continued Public Hearings from April 19~'. First for the request far annexation and zoning. Can we not have a fight in here please? Mr. Van Hees? The first Item was a request for annexation and zoning for 156 acres R-T to R-4 for Tuscany Lakes. The second was a Preliminary Plat on the same project and third was a Conditional Use Permit for a planned residential development again ~~ the same .-.. Meridian Planning and 2flning Commis.. ,ring May 3, 2001 Pg. 31 Tuscany Lakes Subdivision by Gem Park 11 Partnership. We continued this item at our last meeting to receive information on three items. One was the water model that the Public Works Department was going to do. The other was we asked for some revisions on the plat and the third was the wetlands issue fc~ asking for a letter from the (inaudible) of engineers. 1 need to make a break here just in case. i don't know if anyone's here for the Cell Tower. Was anyone here on the Cell Tower issue? That item has been withdrawn so we didn't want someone to be waiting ail night for something that was not going to be on the agenda. Those are the three items so again I would like to begin with the staff report. Siddoway: Chairman Borup, members of the Commission 1 think Mr. Chairman you pretty much covered my staff report. We did have the three outstanding issues. The water, the wetlands getting a complete plat. I will save the water for Bruce. We did receive a letter from the Corp of Engineers regarding the wetlands stating there are wetlands on-site however they are not regulated by the Corp. of Engineers. So they are not protected wetlands except along the Ten Mile Creek specifically but the area that we were concerned with down in the south corner parcel it's not a regulated wetlands area. The complete plat was submitted yesterday, I believe it's stamped May 2nd. We had not been able to corporate that into the presentation so you stiff( see the previous one. My understanding of most of the -the basic layout is exactly the same. This stub into the school shifts down to mid block and the extra distance that was along the Riddenbaugh now has been given to those lots. I have not had a chance to do any detailed review of the plat so I'll let Mr. Brown - I belie~se they also did t~`ie emergency access out to Locust Grove that was asked for. I'll let Mr. Brown cover the changes that were made during his presentatl1i~~on. Site photos -seen 6'1'^'1 A ..~..~ A ~, 'rry1 .. «~ .y 1~ ryz: ! 16,i ny w4 i:1 be'3, ~f. .. .,,jS $ i?•' ~`~ t.,r ra, t~i..~'..:I'~ ~jy],:,, -f ~; :~c: ,fir cst~'va:1, ,~ ,r ~ cl~C.a.,C.;'~'~,, aa,: :~ .`.;.. f~;iaf:1~1"u~dii:Y ~.i ~ project. On the south side of Victory Road from Eagle to Locust Grove touches Thousand Springs Subdivision on the north - **End Of Side Three*** Siddoway: -- on the south side of Victory Road from Eagle to Locust Grove south of Thousand Springs. That's all I have. 1 will turn it over to Bruce for comments on the water model. ~reckleton: Thank^ Steve. Mr. Chairman, members of the Commission first of all I would like to apologize to Mr. Brown. We had talked at our last meeting about getting this water model done and I had stated that I didn't see any problem getting results and my goal was to try and give him at least a week to review the analysis results. I did not provide that to him so 1 apologize. I got the memorandum from our consultant at 3:30 this afternoon so it did come n pretty late. The analysis did reveal that the City of Meridian's water;ystem is adequate to provide s~ ,d~; ~ ~ ~~ ~Er~'' pc~~~e.s at least to this c>~°ae'oprraent. IYs our undex~~~'~lding 'aa,:~t ti?e deer: ~t~r„nrer~t is going to ;tart oi-~ Locust Grove and .~-*, Meridian Planning and Zoning Canm~. ,n Mewing May 3, 2001 Pg. 32 proceed east in six phases before they reach the Riddenbaugh Canal. The analysis was pretty detailed but I'll just kind of summarize that a main extended down Locust Grove from the Sherbrooke Hollows Subdivision and then into Tuscany with a 12-inch line as a backbone can provide the service required in the necessary fire flows. With each phase, as those Final Plats come in, I ~NOUId propose that we just kind of go back and do a re-check on the model. Mr. Brown had indicated that there expect timeframe is about a three year timeframe for those frrst six phases before they get to the Riddenbaugh Canal. As you all know a lot of development can happen in three years and there water systems not going to be the same in three years as it is today. I would just propose that with each phase as they come in with their Final Plats we kind of do a re-check and re-evaluate things. At this point in time we do have positive, good results. Thank you. Borup: Thank you. Mr. Brown have you got any additional comments you would like to make? Go ahead stand up. Brown: Ken# Brown, 1800 West Overland Road with Boise, Idaho is the business address. Borup: ~^Jould you like to maybe just explain - we have the plat up here but maybe just for the benefit of the plat adjustments that you made. Brown: On our north cul-de-sac against Locust Grove, adjacent to Locust Grove staff. Steve particularly had asked that we put in an emergency access. We would expect that tha# lot would have a deed restriction or a non-build on it to provide a secondary means of access into that development. That's very typical in dealing with a singular access. Then when we make our connection around the Riddenbaugh Canal and connect back to Victory that we would then remove that temporary access and that would become a buildable lot. Centers: Do you have it in here now? Brown: It's on the drawing yes. !t's shown on there at 20-foot temporary, secondary access. I just make note of that. We also moved the entrance to the school down. It seems there - we were willing to work with the school and we were continually willing to move that around. We plopped the school on there but obviously the School District would massage that how best serves them. We've just kind of taken their architectural drawing and plopped it on there. So if they need to move it or they need a second access that best serves for their parking lot and busses we would do that but I think as I recall 1 told you just for grins would move it down if that would make you feel better about it. Then we removed the 20 #eet along the east side of the Riddenbaugh and added those faotages to the lots. I believe that that's alb than yo>-: asked for. I did meet on a sunny day with Greg Martinez and we were out ar°rd cooked at the ~~~~etlands area that was in concerrr. He reiterated that they're ~;oncerned about natural strears,s Meridian Planning and Zoning Cantu. ,n Meeting May 3, 2001 Pg. 33 which would be Ten Mile and Eight Mile. Eight Mile is a manmade one and they said that's what makes the difference. There was a question about why Butch got in trouble and I would imagine it's because it's along the Boise River that's supposedly a natural stream. So there -any changing of that would constitute (inaudible). Are there any questions? Borup: Thank you. Do we have anyone else who would like to testify on this application? Yes Mr. Young. Young: My name is Rex Young I live at 2950 East Victory Road, Meridian. I don't want to go over a bunch of information we've already discussed but I've got three items - Borup: -- thank you. Young: -- that I wanted to bring up. It's concerning the relocation of the roadway to the west so that it ties in with Brandy's Jewel. Based on the testimony at the last meeting, Mr. Johnson indicated one of the reasons that he was not interested in moving that roadway to the west was because of the steep grade or the steep slope there. That properly slopes to the south and it also slopes to the west and grade would not be a problem. Another item that was brought up was that the Traffic Engineer, from the way 1 understand it -that the Ada County Highway District said he would approve no loca#ion other than the one that was proposed by the developer. The people at Ada County Highway District indicated to me that the Brandys Jewel exit, which I'm suggesting that the exit from this subdivision tie in with met the minimum standards. For a Traffic Engineer to if you will ignore standards set by his organization and say #hat he isn't going to approve something at a location that meets his standards seems ridiculous to me. The other item that i wanted to bring up is., that Mr. Johnson indicated that the policy of Meridian School District and bussing laws that they buss people who are outside of the section involved. I talked with the people at the Buss Transportation Office and they indicated that the Meridian School District bussing policy is that they buss anyone who lives in access of one and one-half mile from the school. Then I called the district office to see if I got the same answer from them and I talked with a Mr. Bruce Guestrom and he re- affirmed that policy that the Meridian School District policy is that they buss anyone who is greater than one and one-half miles away. With that being the case everyone in Thousand Springs is going to be walking to school who uses that school. There has got to be provisions made and with the current plan without a road tying in with Brandys Jewel or at least a walkway there and some kind of a traffic control it's going to be a very dangerous and untenable situation for the children concern. That's all I have do I have any questions? Borup: Any questions for Mr. Young? Did the School District indicate -did they say that was the only conditions under which they would buss or - Meridian Planning and Zoning Comm..._..xi Meeting May 3, 2001 Pg. 34 Young: -- no - Borup: -- just over a mile and half they definitely will? Young: They definitely will. Now they went on to indicate that they do take a look at individual cases if there are extenuating circumstances that they will look and consider bussing people less than that distance. Their standard policy is one and one-half miles. Borup: Yes and !think that's been standard for a long time. I was trying to remember what Mr. Bingham had said when he was here. I and maybe someone else can (inaudible} - I thought he had said that if the traffic warrant says that they do - but I think like you said they look at it on a case-by-case basis. Thank you. Do we have anyone else who would like to testify? De Chambeau: My name is Mary De Chambeau and I reside on the Mortener farm, 2015 East Victory Road. You can tell everyone's pretty discouraged by the amount of attendance you have here tonight to testify but !'m here. What we were concerned about was they did a study on you're talking about the City water but we still have concerns about the flow of the irrigation water. I don't think that's been addressed. 1 know you gave me that study and the guy said it was okay. When I tried to call him there was no answer, he has no answering machine, I looked it up in the phone book and there was no name of business. 1 could not get a hold of him because I wanted to ask him a few questions because generally how that back part of that property worked was we would ask our neighbors to hold off irrigating until we could get our final crop off. That's how that worked and I just haven't been able to get any response. I want it on record so that if our crops do flood out that someone is going to be held accountable as a concern. I don't know if that's been answered by anyone. 1 think we're still in confusion of it. It's hard when you don't get reports until the fast minute for us to study them and make a testimony for it. Borup: So you're saying the way it is now the property that -who was it you were asking to hold off irrigating the Sod farm or someane else? De Chambeau: No the place behind us. That's the way it's a{ways been (inaudible}. Borup: So if they've got a crop on there they can't water their crop you're saying? De Chambeau: They never had a crop on there. ~ rlat whole pathway was nothing but pasture. I ;e ran cows on that the whole time I was growing up because - i~sVt'c.J~,T. -- okay C~a~.'~ ~rVf3us t Wc,~ rry~ng Lt3 ~3~'L~';:3 ~~i~P'i , '4'd; ia~ °' Meridian Planning and Zoning Comm, n Meeting May 3, 2001 Pg. 35 De Chambeau: -- so we just asked him not to irrigate until we got our crop off. Borup: So at this point there's no - De Chambeau: -- according to the study - Borup: -- there's no drainage on that property then to -drain (inaudible). De Chambeau: Weil I'm just saying I don't know how this is going to work out. This is still -this is zoned agricultural area still. You're asking to annex this and we're still in the process of farming and will continue to farm for a while. That is our major concern and we want to make sure it's on record that - Borup: -- but the way it is right now if that property is irrigated then it runs off onto your property? De Chambeau: That is correct and I did check with Jim Patterson the person that farms there. I do want to make a statement concerning a question that someone (inaudible) to me. They asked if I actually farmed the land. I don't know what that -how to do it. Let me explain that my father has been gone since 1976 and we have had help farming that property since 1976. So this isn't just a recent thing that we've had somebody helping us farming the land we have held onto it all of those years. This is not an unusual thing for us. Also, I don't know if you're aware, my mother is still living and 1 am representing her in these testimonies. We are abiding by her wishes. This isn't just a bunch of kids that want to make trouble for people. We know that eventually things are going to change in the area but until they do this is still agriculture! property. Freckleton: Mr. Chairman. De Chambeau: And I do have a letter to submit from two of my other siblings. Borup: Mr. Freckleton. Freckieton: fvia~~y i understood that the main concern was migra'ling ground water? De Chambeau: Yes. Freckleton: !s there a circus water runoff problem too? De Chambeau: Yes. I did not -yes because I was talking to Jim Patterson about that and he said you need to make that really clear. He said who are you going after? Somebodr~ ~~~;~:~~ `o be made accountable and you better put it r;, ecord. If somebody sa a ir'' sprin;~ll~g - I ~~on't o~,=~~~~~. l don't kr~o~~~; low l'1iv Meridian Planning and Zoning Comm. ,n Meeting May 3, 2001 Pg. 36 wortcs i m not a water expert but !just know in the past when .here are no houses (inaudible). That's how it works we're taught that for years. Freckleton: During - Borup: -- go ahead Bruce I'm sorry. Freckleton: During the design process there is -- and we do require that a Soil Scientist prepare those reports and do the groundwater studies to #ry and determine what the issues are and how to rectify them. They are licensed professionals. The Licensed Professional Engineer that's with Briggs Engineering, he's going to be putting his stamp on those drawings. They are going to have to build some cutoff drains like they said in the report that will pick up the migrating ground water. De Chambeau: So this is an engineer that works for Briggs is that correct? Freckleton: No. De Chambeau: That's their own engineer? Freckleton: No, the guy that did the report is with Associated Earth Sciences. De Chambeau: Yes right and i tried to get ahold - I cou{dn't find any information on him. I mean I left him a message even though Thad - Freckleton: Yes and perhaps Mr. Brown could get you in contact with him. Between the two of those individuals they are the ones that are responsible to come up with a design that will ensure that that ground water is not a problem. De Chambeau: So I guess my question is how can we be assured of that. Once that development is in there, hey there's not a whole lot we can do? Borup: I guess one of my questions and concerns would be if someone else owns that property and wants to farm it and have a crop that needs irrigated on a regular basis - De Charnt;eau: We work with them. We do, we work tivith them. It's never °~:een a problem in the past. Borup: Yes because it's been pasture. It's not a crop that's going to die if it doesn't get water. De Chambeau: That's right. r-. Meridian Planning and Zoning Cornm. ~n Meeting May 3, 20Q1 Pg. 37 ~cr;.,c: B~;} if somecr;e -- ~rou're saying you wouldn't want a farmer in there either. De Chambeau: Well a guy did farm it as you recall but the land is so bad. There's a reason why it was only pasture for years and years and years. Borup: It won't grow crops? De Chambeau: Not real good. It's not real good let's just put it that way. Th way it looks different is because the previous owner brought in soil and elevated that. I don't know if that was (inaudible) or not but - Borup: -- but I don't have - De Chambeau: -- it maybe -farmers do kind of work together. They kind of know when one crop is -they do. It's kind of the old ethic I guess the old -the way things used to be done. Borup: Well I don't have anything scientific but I've lived in Meridian since 1965 so I've seen a tot of (inaudible) irrigate and I've done that in my time. There's just a lot of runoff that comes from farming. ~„ Vs: ~i~s,~v~~b~.au: °~ es. Borup: That's the way you have to irrigate which is something you don't see in a subdivision. You don't have the runoff because there controlled. People that want to pay for more water than they need to on watering their lawns. 1 think as {ar as - !don't kno~ra hoar i±'s g~,~ing #~ e~;~ctly effect the gro~;nd water but as far as runoffs I think you're going to be better off than someone irrigating that property. De Chambeau: I'm also -probably shouldn't say this but I've just became recently aware that you're a Building Constructor and I just thought that was kind of interesting. Borup: How so? De Charnbeal.:: '~~ell 1 know you're tuilding houses acres:~ t`-~e street so this is probably an advantage to you to continue to develop is that correc~? Borup: No. I don't know why that's really pertinent but - (Inaudible discussion amongst Commission members) De Gharnbeau: oJl/ell i kne~~r you would and I siZ:~ul~~n't have doge it but is does concern me. I'~~ ~vt d F~ering ~;cnflict of interest - is that? ~'~, Meridian Plann'u~g and Zoning Comm. ~n Meeting May 3, 2Q01 Pg. 38 i'`. Borup: Well we're real aware of conflict of interest and there nave been times in the past there has been that I've stepped down. You need to be aware of what conflict of interest regulations say. Yes, we're very aware of that, all of us are. If there is any, those individuals will step down at that time. De Chambeau: Yes, I know. I apologize I know it didn't make any favor here but it's probably why there's no one else here to testify. People are discouraged. Borup: Thank you. Anyone else? Any final comments Mr. Brown? Commissioners? Shreeve: I move we close the Public Hearing. Borup: All three of them? Shreeve: All three of them yes do I need to read those? Borup: Just (think -just mention all three of them. Shreeve: I move that we close the Public Hearing for request for annexation AZ 00-023, request for Preliminary Plat PP 00-024, and a Conditional Use Permit G: U P 00-052 . Centers; I second. Borup: Motion second, all in favor? Any discussion? MOTION CARRIED: ALL AYES Borup: Before we - Shreeve: I've got a couple of comments that certainly I would like to make. Two of the, probably in my opinion certainly of the biggest issues is the intersection coming off on Victory Road. I still believe and have driven that and have looked at that, that I think that provisions could be made to move that. I think in the f~3ture there could be acme real headaches having basically three major intersections. Victory - or excuse mf Thousand Springs is a big subdivision with lots of traffic. Tuscany Lakes with the school will also generate a lot of traffic. Then of course you've got the intersection of Victory and Cloverdale. Yes it's true that there's a blind section there on Victory Road but I think with some construction. Even without construction there are minimal standards that certainly were acceptahle dlw$ ing the Thousand Springs point. I don't believe that that road is located in the best interest to the City nor of the surrounding communities - or excuse rr,e pi"vperry subdi°~isions. Secordiy, is the school. I am concerned about the school location. Not on! j tine location but al~c ;paving it Meridian Planning and Zoning Corm. .m Meeting May 3, 2001 Pg. 39 interior to lots. 1 know there have been discussions on that but again my opinion is that i don't like it behind property. Those are basically the two comments that I have in relationship to this project. Centers: N1r. Chairman. Borup: Commissioner Centers. Centers: For the staff, in previous comments and of course this project or these three applications have been before us for a few months now. You're comments were no comment until we get this, this, this and this. Are you totally satisfied now with what you have? I guess you know what I'm referring to. I looked back on your comments and you weren't willing to make a recommendation because you needed something. Do you have all of the something's? Freckleton: Commissioner Centers, from Public Work's perspective we've addressed the sewer, we've addressed the water, we have computer analysis on both of those. That issue is addressed. I do -this groundwater issue is a very serious issue. I've had -I've done work with Associated Earth Science. f think that that's the best approach is to have a Soil Scientist doing the analysis and working directly with the Civil Engineer on the job. I think that the -well that's required. I think that the problem that's out there is not unsolvable with the ~~ '.~vign. I think from our perspecti~!e the i:~sues have been addressed. As far as a recommendation I don't know if I want to go there. Centers: Welt the only other thing i would add and in due respect to my colleague here I'm not prepared to second-guess the highway -the County Highway -- the Ada County Highway District I'm not prepared the School District who recommended the site and stood up here and raved about the site. I may disagree with it but I'm not prepared to second-guess him or the Highway District. That would be my only comment. Borup: I think I've got the same concern on the entrance. Did you have another comment Steve, I'm sorry? Siddoway: I was just going to say that all of the missing pieces of data that we've been asking for are now here. So it's complete in that sense. We still maintain that we don't want the school site wrapped around with housing. All of the issues that we've kind of gone over and over there's a question in the annexation about all of the out parcels that it created - it creates an enclave of County property and whether that's a good thing. It is complete. We s#ill have concerns but all of those concerns are spelled out in the staff report. The application is complete sand it's up to the Cor~rr~ission to make your recommendation bayed on a9 of the ~~cts. .-.. Meridian Planning and Zoning Com. ion Meeting May 3. 2(}01 Pg. 40 Centers: There again to reiterate on the School Districts or the school site that was you as a Planner's personal opinion or your personal opinions disagreeing with the School District Representative correct? Siddoway: That's correct. Borup: I guess I would have the same comment. 1 don't know how we can second-guess the School District. We asked some pretty direct questions to him when he was here. I'm wandering how much thought ACRD put into a different location. I'm not sure. They're requiring stacking tapers on both directions firom that Victory entrance and that maybe part of the consideration too. I don't know if that effects it much either way. Again we've got a fairly lengthy report from ACRD but that doesn't mean we can't make another recommendation separate from what they recommended. Shreeve: Mr. Chairman. Borup: I don't think we've seen a good report on how that grad would effect things either. It may be even more dangerous to be coming out of the subdivision on the street (inaudible) where you can't see what's coming either direction. I don't know that we have the information -but that's the same concern coming out of the subdivision going up hill not being able to see what's ^~#~ ~ the other way. Maybe that's what they're thinking on the taper lanes would help alleviate some of that stuff too. Centers: Well 1 was starting to say, they of course don't appear here. They don't give their vision to us but I know what they're paid to do. They've submitted a report and as I said I'm not prepared to contradict them. Borup: I think didn't we have the letter and then last time we had a separate letter in addition to the report where they had been asked that very question? I know it's in this stack somewhere. Mr. Shreeve, you were going to - Shreeve: Well you know the thing is again even though ACRD studies it it's their department, they're the professional: and it's their roads. ~.,e~-: :y a cars prove anything by studies. Again, not having studied it quote ~,: iyuote, but certainly having looked at it the grade !don't believe, would be a major issue in coming right off of the Thousand Springs. Why make something worse? What 1 mean by that is I truly believe in a non-study fashion but having thought about it considerably these last couple of weeks that if you've got basically three major intersections you're going to have children walking from Thot.:~~r>w` ~`:t':~°ir;gs. You're going to have a lot of commuting from the Thousand Springs area that -- I think that there's going to be problems. If you've got school lights, you're going to have school lights at three major intersections right there close to each other. To have the entrance from Tuscany come off of -adjacent to Thousand Springs, basically you would have one light. Now the blind hill now would be the time to ..-, Meridian Planning and Zoning Coma ~n Meeting May 3, 2Q01 Pg. 41 take care of that blind hill period. Now would be the time to get in there and work out what needs to be happened for the benefit for Tuscany Lakes, for the benefit of Thousand Springs, for the benefit of everybody that runs up and down Victory Road. Borup: I was referring to the blind hill coming out of Tuscany. You're going to be coming up out of hill there also. Shreeve: Well but it levels off when you come off -you're required to come up `o a plateau as you would enter on to Victory. i don't foresee that that should be a problem. Borup: Yes that should be (inaudible). Centers: See that's my point, Commissioner Shreeve. The Highway District knew Thousand Springs was there when they made their recommendation and their study. I just -they are the professionals not me. That's just my view. Borup: I don't know if I have any other comments at this point. That's something you could certainly include in a motion. Mr. Shreeve. Shreeve: Well and let me make another comment that Steve did remind me of °° :br; ~ ~-:'~';~~ n t~:r~s of another thought is just simply the expansion. I think just expanding much further out and with the County enclave there is also a concern of mine in terms of managing the c'evelopment of the City. With tha# ~.rn prepared to make a motion. Borup: Okay. Shreeve: I propose that we deny the application for Tuscany Lakes. The request for annexation AZ 00-023, also deny the Preliminary Plat PP 00-024, and also deny the Conditional Use Permit 00-052 for the Tuscany Lakes Subdivision. Borup: Do we have a second? Seeing none, that motion (inaudible) in lack of a second. Centers: Mr. Chairman. Boruo: Commissioner Centers. Centers: I would move that we recommend for approval to the City Council the request for annexation and zoning AZ 00-023, 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership including all staff comments. That would do it on the - r Meridian Fanning and Zaiing Cann x~ Meeting May 3, 2Q01 Pg. 42 I?^rGp: -- on the annexation. I take it Mr. Shreeve you're not open to seconding that? f'll second that. Discussion. We have a motion to second, any other discussion? All in favor? MOTION CARRIED: TWO AYES, ONE NAYS, TWO ABSENT Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: We would tike to make a motion to approve and recommend to the City Council for approval request for Preliminary Plat approval of 353 building lots and 39 other lots on156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership which is PP 00-024. The temporary access to remain until the City allows it to be removed which is located in the northwest corner of the said plat. I believe in lots 7 and $. I couldn't determine the block number but t think that's the specifrc location. In addition the City shall do a water model after each phase to determine the sufficient water and including all of staff comments. Borup: Okay we have a motion. Mr. Centers would you be open to maybe some wording to perhaps have ACRD take a second look at the entrance on Victory Road? Centers: I would be very open to that. I would like to recommend that the Ada County Highway District take a second look based on the recommendations provided to this Commission over the many hearings, present those comments to the Commission and the Highway District and see what their views are. Borup: About moving the entrance. Centers: But I don't want to recommend a location. I'm not the expert but I ~~ou1d certainly be open and i think the developer should be open to them listening and if they determine that it would be in their best interest to move then move it. That would be part of my motion if you've got that? Unidentified Speaker: Yes in general. Borup: I would second that then. Motion is second, any discussion? All in favor. °:~iOT1C~~t CARRIED: T~11,'O AYES, ONE NAYS, TWO ABSEIIIT Centers: Mr. Ch~sP~~°ar? I wc!ald recorr;rnend that gave ma":~e ~~ motion and recor~ ~~end #o ~;1,:~ Cif. Co°~r3 ~'il f~~r .:~° r C?#~l CtlP 00-052 request for y Corrditional U4.y Fermis to construct a pianr~ed residential developn^,ent c~ L .-. Meridian Planning and Zoning Comr, xi Meeting May 3, 2001 Pg. 43 ~. proposed R-4 zone for proposed Tuscany LakQs Subdivision b° Gem Park 11 Partnership with all staff comments and conditions. Borup: I'll second that. All in favor? MOTION CARRIED: TWO AYES, ONE NAYE, TWO ABSENT Borup: Okay all three. I just maybe -it's going to be a few years before we get over to that entrance so I would -since it is starting from Locust Grove. 1 hope that would be enough time for ACRD to thoroughly look at the situation. Shreeve: That's only hopeful thinking though. Borup: Well it all depends on the market place. That was the previous testimony. I do think having a subdivision there would be a help to ground water. I guess the other thing that influenced me was the neighbors testified that they are planning someday to develop their property also. They are planning on wanting to put in the subdivisions and it kind of works both ways. Centers: Well i#'s contiguous right now. Borup: Well then that's the other thing. Even though it is at the outskirts of the City it can be serviced with existing sewer lines. Same of the projects that we have that are close in don't have the sewer lines and we're not going anywhere ~n +hc~se. Item 8. Pubilic Hearing: RZ 01-004 Request for a rezone of 8.29 acres from L-O to !~-G for Waltman Court Subdivision by John Goade - sou±h of Troutner Business Park, between Waltman Lane and Ten Mile Road: Item 9. Public Nearing: PP 01-007 Request for Preliminary Plat approval of 6 building lots and 1 other lot on 8.29 acres in a proposed C-G zone for proposed Waltman Court Subdivision by John and Sandra Goade -south of Troutner Business Park, between Waltman Lane and Ten Mile goad: Borup: Next Item No. 8, Public Hearing for a request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goode south of Troutner Business Park. Also related that is a Preliminary Plat on the same project for fi building lots and 1 other lot on the same project. 1 would like to open this Public Hearing and start with the staff report. Have we seen this before us before? Was the previous one for - in fact what was the previous one for? Siddoway: This was previously before you to be annexed and zoned. It was given two different zoning districts. You can see the general commercial zone WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P. A. ATTORNEYS AT LAW KEVIN E. DINIUS CHRISTOPHER S. NYE JUL[E KLEIN FISCHER PHILIP A. PETERSON WM. E Glcanr, III ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN ]ILL S. JUARIES DAVID M. SWARTLEY LAARY D. MOORE TERRENCE R. WHfTE'~• WILLIAM A. MORROW NICHOLAS L. WOLLEN WILLIAM F. NICHOLS* CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687-8402 TEL (208)466-9272 FAX (208) 466.4405 Email: km(a~whitepetersorzcona MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288.2499 FAX (208) 288.2501 *ALSO ADMITTED IN OR ''ALSO ADMITTED IN WA August 27, 2001 Will Berg, City Clerk City of Meridian 33 E. Idaho Avenue Meridian ID 83642 RECEIVED AUG 2 8 2001 CITY OF MERIDIAN Re: Gem Park II v. City of Meridian Case No. CV-OC-01049370 Dear Mr. Berg: Enclosed please find a conformed copy of the following documents: 1. Motion to Dismiss and Motion for Summary Judgment; 2. Memorandum in Support of Motion to Dismiss and Motion for Summary Judgment; and 3. Notice of Hearing. PLEASE REPLY TO NAMPA OFFICE Should you have any questions, please do not hesitate to contact this office. Sincerely, ,~ ~ - ~ l belly ~. M~rci~l Legal Assistant to ~Iristopher S. Nye Enclosures N0. COpX q,M, FILED AUG 2 4 2Qpi Christopher S. Nye ISB No. 2886 WHITE PETERSON 5700 E. Franklin Rd., Suite 200 Nampa, Idaho 83687-8402 Phone: (208) 466-9272 Fax: (208) 466-4405 email: can@whitepeterson.com Attorneys for Respondent J. CEA~~~ ~At~AF~R~, Cie:sfc ~ ~~~~~~~ IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of GEM PARK II, an Idaho Partnership, CASE NO. CV-OC-010493 70 Appellant, MOTION TO DISMISS IRCP 12(b) vs. CITY OF MERIDIAN, a political subdivision of the State of Idaho, MOTION FOR SUMMARY JUDGMENT Respondent. COMES NOW, CITY OF MERIDIAN, and moves this Court for an Order dismissing Petitioner's, "Gem Parlc" petition for judicial review. In support of this Motion, the City asserts that one or more of the following: A. Petitioner has failed to state a claim upon which relief can be MOTION TO DISMISS` , : -° MOTION FCiR SUMMARY JUDGMENT - 1 ~...~-~- granted. B. The case should be dismissed via summary judgment. Respectfully submitted thi~ day of August, 2001. WHITE, PETERSON By Christopher S. Nye Attorneys for Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the above and foregoing document was served upon: Kelly M. Garrity MOFFATT THOMAS BARRETT ROCK Sz FIELDS, Chtd. 101 S. Capitol Blvd. 10~ Floor PO Box 829 Boise ID 83701: [~] United States mail, postage prepaid [ ] Facsimile transmission [ ] Hand delivery this ~ r-°j day of August, 2001. Kelly Y. ar ' el Legal Assistant to Christopher S. Nye kMLlWOrkt.1\Mertdian\Gem Park v 19413~Mr~imrva.rpd MOTION TO DISMISS MOTION FOR SUMMARY JUDGMENT - 2 ~ c©p~ A.M. Fl ~-~,~ C .M. Auc 2 4 ----~. 200 J, DAVILa ~-AY ~~~~ Christopher S. Nye ISB No. 2886 WHITE PETERSON 5700 E. Franldin Rd., Suite 200 Nampa, Idaho 83687-8402 Phone: (208) 466-9272 Fax: (208) 466-4405 email: can@whitepeterson.com Attorneys for Respondent IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of GEM PARK II, an Idaho Partnership, CASE NO. CV-OC-010493 70 Appellant, vs. CITY OF MERIDIAN, a political subdivision of the State of Idaho, Respondent. MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT SYNOPSIS OF CASE f~,1..., ,. _ _.. , ~~ ~ 1, Gem Parlc is a subdivision in Ada County and desires to be annexed into the City of Meridian. Gem Parlc filed an annexation request and the City turned MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT - 1 them down. Since the City turned down the annexation request, the City was without jurisdiction to rule on Gem Park's request for zoning and the zoning application was therefor turned down as well. Whether or not the City chooses to annex the property is a legislative decision, and not subject to judicial review. STATEMENT OF FACTS 1. Gem Park is an Idaho partnership in Ada County. (See Paragraph 1 of Gem Parlc's Petition. ) 2. The Gem Parlc property is located in Ada County. (See Paragraph 5 of Gem Parlc's Petition. ) 3. Gem Parlc applied for an application for annexation into the City of Meridian. (See Paragraph 6 of Gem Parlc's Petition. ) 4. The City of Meridian denied Gem Park's request for annexation. (See Paragraph 9 of Gem Parlc's Petition. ) QUESTION: Can a party petition for judicial review of a City's denial of request for annexation? ANSWER: No. ARGUMENT Idaho Code §50-222 provides: ".. an owner of land of any size may request that the tract of land be annexed by the city where the land is or is not MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT - 2 contained in the city's area of impact by submitting such request in writing to the city council. If the tract of land is surrounded by or borders the city, the council may be ordinance declare the land by proper legal description thereof to be a part of the said city....,, This is exactly what happened in this case. Gem Parlc asked the City to annex some of its land that lied outside the City limits. The City denied the request. This is a flip-side to the case of Crane Creek Country Club v. Cif of Boise, 121 Idaho 485 (1990). In Crane Creek, the City of Boise annexed Crane Creelc over Crane Creek's objection. Crane Creelc filed a Writ of Prohibition to restrain the City from annexing the Country Club. The trial Court entered a Writ prohibiting the City from annexing the property. Crane Creelc argued that the City had not met the requirements of Idaho Code §50-222. The appellate Court discussed whether or not the City was acting in a judicial or quasi-judicial manner or whether it was acting in a legislative manner. "While it is true that city councils on occasion act in quasi- judicial capacity, annexation is not such an occasion. Rather, annexation is a legislative act of a city government accomplished by the enactment of an ordinance. Idaho Code §50-222. QUESTION: Is the City's action of refusal to annex the subject of judicial review? ANSWER: No. MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT - 3 "To reach a proper resolution of this appeal, the question to be answered is whether the district court erred in characterizing as "legislative" the activity of the city of Idaho Falls in annexing, amendment of its comprehensive plan, and zoning of the annexed land. We hold that the trial court properly characterized that the questioned activity is legislative and therefore not subject to direct judicial review." Burke v. Citv of Idaho Falls, 105 Idaho 65, 66 (1983 ) "Applying the text adopted in Co der, we hold that an annexation of land, the subject of an amendment of the comprehensive plan and zoning of the annexed land, ..the city council acted in a legislative manner . .and that such actions are not subject to direct judicial review." Burke at P. 68 SUMMARY In summary, the City of Meridian asks this Court to dismiss this petition. Respectfully submitted this ~r~ay of August, 2001. WHITE, PETERSON ,%` ~: By Christopher S. Nye Attorneys for Defendants MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT - 4 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the above and foregoing document was served upon: Kelly M. Garrity MOFFATT THOMAS BARRETT ROCK SL FIELDS, Chtd. 101 S. Capitol Blvd. 10~' Floor PO Box 829 Boise ID 83701: [ ~/ ] United States mail, postage prepaid [ ] Facsimile transmission [ ] Hand delivery this ~ day of August, 2001. Kelly Y. ar el Legal Assistant to Christopher S. Nye bn~21WwMN.VJ.endian\Gem Puk v 19913\MemoSuppartM~ns.wpd MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT - S Christopher S. Nye ISB No. 2886 WHITE PETERSON 5700 E. Franklin Rd., Suite 200 Nampa, Idaho 83687-8402 Phone: (208) 466-9272 Fax: (208) 466-4405 email: can@whitepeterson.com Attorneys for Respondent ;NO. COpY ~L hA, Fri AUK 2 4 240# " '~ AAV~~ ~AVgRRO, Cle ~ SRpyy~N ~# IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of GEM PARR II, an Idaho Partnership, Appellant, vs. CITY OF MERIDIAN, a political subdivision of the State of Idaho, Respondent. CASE NO. CV-OC-01049370 NOTICE OF HEARING PLEASE TAKE NOTICE that the hearing on the MOTION TO DIMISS AND MOTION FOR SUMMARY JUDGMENT will be held before the Honorable Michael R. McLaughlin, District Judge, at the above-entitled Court, at a courtroom in the Ada NOTICE OF HEARING - 1 ~ w County Courthouse in Boise, Idaho, on Monday, the 17~' day of September, 2001, at 3:00 p.m., or as soon thereafter as counsel can be heard. DATED this ~~ day of August, 2001. WHITE, PETERSON By Christopher S. Nye Attorneys for Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the above and foregoing document was served upon: Kelly M. Garrity MOFFATT THOMAS BARRETT ROCK & FIELDS, Chtd. 101 S. Capitol Blvd. 10~' Floor PO Box $29 Boise ID $3701: [~_] United States mail, postage prepaid [ ] Facsimile transmission [ ] Hand delivery this ~d day of August, 20( IvrAZlWorIMN.M1eridianWem Pa~icv 19413Jiot1-lep.w¢ NOTICE OF HEARING - 2 Legal Assistant to Christopher S. Nye WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW KEVIN E. DINIUS CHRISTOPHER $. NYE JULIE KLEIN FISCHER PHILIP A. PETERSON WM. E CiIGRAY, III ERICA S. PHaues D. SAMUEL ]OHNSON ERIC S. ROSSMAN JILL S. JURRIES TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687-8402 TEL (208)466.9272 FAX (208) 466-4405 Email: km(c~whitepetenson.com MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (208) 288.2501 "ALSO ADMITTED IN OR ''ALSO ADMITTED IN WA August 27, 2001 Will Berg, City Cleric City of Meridian 33 E. Idaho Avenue Meridian ID 83642 PLEASE REPLY TO NAMPA OFFICE RECEIVED SEA 17 2Q01 CITS' Ci ~;=ERIDIAN Re: Gem Parlc II v. City of Meridian Case No. CV-OC-01049370 Dear Mr. Berg: Enclosed please find a conformed copy of the Notice of Hearing regarding the above referenced matter. Please note that the hearing date is scheduled on November 5, 2001 at 3:30 p.m. in Judge McLaughlin's chambers. Should you have any questions, please do not hesitate to contact this office. Sincerely, ,, ~ \ ,,, ,- II j ~~ r ; ". Kelly ~` M~rciel ~, Legal Assistant to Christopher S. Nye Enclosure 6n\7:\Wek\M\Meridvn\Gcm Park v 19913\GtimtEndLir.wpd ~~RY N0. AM. P.M. ----- SEP 13 2041. J. DAVID NAVARRO, Cletlc By CAROL LL~DTKA DEPUTY Christopher S. Nye ISB No. 2886 WHITE PETERSON 5700 E. Franldin Rd., Suite 200 Nampa, Idaho 83687-8402 Phone: (208) 466-9272 Fax: (208) 466-4405 email: can@whitepeterson.com Attorneys for Respondent IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of GEM PARK II, an Idaho Partnership, Appellant, vs. CITY OF MERIDIAN, a political subdivision of the State of Idaho, Respondent. CASE NO. CV-OC-010493 70 NOTICE OF HEARING PLEASE TAKE NOTICE that the hearing on the MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT will be held before the Honorable Michael R. McLaughlin, District Judge, at the above-entitled Court, at a courtroom in the Ada County Courthouse in Boise, Idaho, on Monday, the 5~' day of November, 2001, at NOTICE OF HEARING - I 3:30 p.m., or as soon thereafter as counsel can be heard. DATED this 12~` day of September, 2001. WHITE PETERSON By Christopher S. Nye Attorneys for Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the above and foregoing document was served upon: Michael T. Spinlc, Esq. SPINK BUTLER CLAPP LLP PO Box 639 Boise ID 83 701 [ '.x ] United States mail, postage prepaid [ ] Facsimile transmission [ ] Hand delivery this 12t'' day of September, 2001. _. ..- _ - -- ,. --, __ 1 ~ _-- _ -- ~ Kelly Y. ar '1 \_ ,_J/ Legal Assistant to Christopher S. Nye bu\Z:\W.aMIv!`Mmdien\Cw Paxk~ 19913WotFGg.wpd NOTICE OF HEARING - 2 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW KEVIN E. DINIUS CHRISTOPHER S. NYE CANYON PARK AT THE IDAHO CENTER MERIDIAN OFFICE ]ULIE KLEIN FISCHER PHILIP A. PETERSON 5700 EAST FRANKLIN ROAD, SUITE 200 200 EAST CARLTON AVENUE WM. F. GIGRAY, III ERICA S. PHILLIPS SUITE 31 D. SAMUEL JOHNSON ERIC S. ROSSMAN NAMPA, IDAHO 83687-8402 POST OFFICE BOX 1150 )aL S. JuRRtes TODD A. ROSSMAN TEL (208) 466-9272 MERIDIAN, IDAHO 83680.1150 LARRY D. MOORE DAVID M. SWARTLEY FAX (208) 466-4405 TEL (108) 288.2499 WILLIAM A. MORROW TERRENCE R. WHITE** L'.II1811: ICtt7~CGWhltC]leIPYSOtt.COYR FAX (208) 288-2501 WILLIAM F. NICHOL$* NICHOLAS L. WOLLEN *ALSO ADMITTED IN OR PLEASE REPLY TO "+ALSO ADMITTED IN WA NAMPA OFFICE September 14, 2001 :DECEIVED s~~ ~ 7 2oi Will Berg, City Clerk OITX OF MERIDIAN City of Meridian 33 E. Idaho Avenue Meridian ID 83642 Re: Gem Park II v. City of Meridian Case No. CV-OC-010493 70 Dear Will: Enclosed please find a copy of the Order re Vacate Hearing and Regarding Scheduling Order with the Judge's notes. Please provide the Clerk's record and transcript as soon as possible. Should you have any questions, please do not hesitate to contact this office. to Christopher S. Nye Enclosure 1}'~Z:\~'/QkVMM+rimanl~ Pukv 19413\C-dep l9.wPd ~~V ~~ AEG SEP ®~ 201 w GOV~~ O\gC ~C~a Christopher S. Nye ISB No. 2886 WHITE PETERSON 5700 E. Franklin Rd., Suite 200 Nampa, Idaho 83687-8402 Phone: (208) 466-9272 Fax: (208) 466-4405 email: csn~~whitepeterson.com Attorneys for Respondent ~;,~ --. , A ~-fLED A.I. ..~.. ~P.Fr~. '•~ SLP ~. Q 2JC1 ~a ~ - e:crs~ IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of CEM PARK II, an Idaho Partnership, Appellant, vs. CITY OF MERIDIAN, a political subdivision of the State of Idaho, Respondent. 1 ) CASE NO. CV-OC-01049370 ORDER RE: V'ACA'TE HEARING AND REGARI~YNG SCHEDULSNG ORDER BASED 'UPON Stipulation of the parties, Defendant's Motion to Dismiss and Motion for Summaxy Judgment that is currently set for hearing on the 17`'' day of September, 2001 at 3:00 p.m. before the Honorable Michael R. McLaughlin, District Judge, is hereby vacated and that the preparation of the Clerk's ORDER RE: VACATE HEA.IZING AND REGARDING SCHEDULING ORDER - [ Record and Transcript shall be delayed until after the hearing on Defendant's Motions rn iate October, 2001. DATED this ~_ day of , 2001. Judge ~~.~ IuntZ:\\'VorkVvivvl~ndiut~'iem Pukv 19419\OrdVuottcFkg•SchOcdct~w'Pd ~/ 55. ..{o ~,~ ~ ~ ~~ • ~`' ,~ ~,~~ ~~ ~P ~ ~ ~ ~ ~ NSGQ ~a -~ ° ~ ~ Z~ ORDER RE: VACATE HEARING AND REGARDING SCHEDY.7LING ORDER - 2