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HomeMy WebLinkAboutThousand Springs RezoneMayor ROBERT D. CORRIE C- oLril Members CHARLES ROUNTREE GLENN SENTLEYj ±` RON ANDERSON '. KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MEIR"IDIAN 33 EAST IDAHO. MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21_, 1998 HEARING DATE: MAY 12 1998 REQUEST: REZONE FROM RT TO R-4 OF SE'/4 SECTION 20 T. 3N. R.1 E. BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MERIDIAN SCHOOL DISTRICT MARK NELSON, P/Z MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) _BYRON SMITH, P/Z ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CORRIE, MAYOR CENTRAL DISTRICT HEALTH _ROBERT ANDERSON, C/C NAMPA MERIDIAN IRRIGATION DISTRICT _RON _CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) _,KEITH BIRD, C/C BENTLEY; C/C U.S. WEST(PRELIM & FINAL PLAT) —GLENN DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER —SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT _BUILDING DEPARTMENT -_FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITY ATTORNEY —CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT ` CITY FILES JUL 08 '97 18:22 FR CITY OF MERIDIAN 208 887 4813 -M 345 '9r8 P.02%0? CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) SS7.413 Mill I'll Pli "AtimMCK01.4 PROPOSED NAME OF SUBDIVISION: THOUSAND SPRINGS SUBDIVISION GENERAL LOCATION: NORTH OF VICTORY AND WEST 'OF EAGLE ROAD I-EGAI- DESCRIPTION (ATTACH IF LENGr'THy); SE 1/4 SECTION 20, T 3N R 1E FARWEST DEVELOPERS (MARTY GOLDSMITH OWNER(S) OF RECORD: T.� N DQYaP lTXW . PONE: 388-0189 ADDRESS: FARWEST: 4550 W. STATE ST., BOISE, ID 83703 APPLICANT. FARWEST DEVELOPERS (MARTY GOLDSMITH) HONE. 388-0189 ADDRESS: 4550 W. STATE ST. BOISE, ID 83703 ENGINEER, SURVEYOR, OR PLANNER-• BRIXGS MUINMTW�. PHONE:_344-9700 (BECKY BOWCUTT) ADDRESS: 1111 S. ORCHARD SUITE 600, BOISE ID 83705 TYPE (RESIDEINTIAL, INDUSTRIAL, COMMERCIAL); RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION: 121.227 ACREs PRESENT LAND USE:. AGRICULTURAL PROPOSED LAND VSE: RESIDENTIAL 330 SINGLE-FAMILY DWELLINGS PRESENT ZONING DISTRICT; RURAL TRANSITION PROPOSED ZONING DISTRICT: R-4 (T,oW DENSITY gE=FwTAT,),_w ' / /F,��� ANNEXATION OF THOUSAND SPRINGS SUBDIVISION 1, Farwest Developers (Marty Goldsmith) 4550. W. State Street, Boise, Idaho 83703 Phone: 388-0189. 2. Farwest Developers (Marty Goldsmith) 4550. W. State Street, Boise, Idaho 83703 Phone: 388-0189. Dale & Doyle Nixon 2555 S. Eagle Road, Meridian, Idaho 83642 3. Affidavit of Legal Interest attached. 4. Legal description attached. 5. Present Land Use: The parcel is currently used for agricultural purposes. 6. Proposed Lane Use: A residential development consisting of (330) single family residential lots, (1) well lot, (24) common lots, (1) fire station lot and (1) school/park lot. The proposed density is 2.72 dwellings per acre. 7. Present District: The property is zoned RT (Rural Transition) and outside the City limits of Meridian. Proposed District: The applicant is requesting annexation and rezone to R-4 designation. 9. The property adjoins the City limits of Meridian along the west portion of the parcel. The adjacent Los Alamitos and Sherbrooke Hollows Developments are currently zoned R-4. The request for a R-4 zoning designation would be consistent with previous annexation/rezones in the vicinity. The request for an R-4 zone is compatible and consistent with the Meridian Comprehensive Plan. 10. The proposed development has a low density of 2.72 dwellings per acre. This density is consistent with other approved developments in the Victory Road and Locust Grove Road area. A neighborhood meeting was held to obtain input from adjoining properties. Comments were gathered and incorporated into the plan. This density is an excellent transitional density from existing large residential parcels. 11. The annexation/rezone is supported by the Meridian Comprehensive Plan. The plan allows for urban development when urban services (ie. sewer and water) are available to the property. The requested R-4 zoning is consistent with the Meridian Comprehensive Plan Map whichidentifies this area as single family residential. 980204\annex.req 12. Map attached. 13. 300 Scale maps attached. 14. List of property owners is attached. 15. Fees attached. 16. Affidavit attached. 17. Affidavit of application preparation is attached. 980204\annex.req STATE OF IDAHO COUNTY OF ADA i AFFIDAVIT OF LEGAL INTEREST ss 1, Dale.Nixon & Doyle E. Nixon 2555 S. Eagle Road Name Address Meridian Idaho 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 to Marty -.Goldsmith and/or 4550 W. State Street, Boise, Idaho 83703 Briggs Engineering, Inc. 1111 S. Orchard, Boise, Idaho 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. 1 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 �,Q,� 19 Cj_�_ (Signatu ) SUBSCRIBED AND SWORN to before me the day and year first above written. ary Public for Idaho iding at Commission Expires: / / —10 ^q% E k NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian C L 'g and the Laws of the State of Idaho, that th ' n of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 21, 1998, for the purpose of reviewing and considering the application of Farwest Developers and Marty Goldsmtih, for annexation and zoning of approximately 121.2 acres of land located in the SE % Section 20, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which property is generally located north of Victory and west of Eagle Road. Further the applicant requests preliminary plat approval of the parcel of land above described for 330 single family dwelling lots for Thousand Springs Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18t day of July, 1998. 0,,,+++'+�"�,frrtlf, WILLIAM G. BERG, JR., CITY C ERICBEAL PUBLISH July 3 and July 10, 1998. rf- 0 J00 900 Fael THOUSAND SPRINGS SUBDIVISI(k R1 _ S 1/2 SECTION 20, T.M., R. IE, B.M. RT r t R1 �? N RT R_ DR. R1 ` �,, ✓; — ZONE BOUNDARY (TYP) � RT PROJECT SITE I � i i I I RT RT RT RT R1 RT PROPERTY DESCRIPTION FOR 4 NIXON TO JOHNSON t A parcel of land being all of that portion of the NE 1/4 SE 1/4 of Section 20, T.3N., R.1E., H.M., Ada County, Idaho, lying southerly of and adjacent to the centerline of the Ridenbaugh Canal, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 20, 21, 28 and 29, T.3N., R.1E., B.M., Ada County, Idaho; thence, N.0000'04"W. 1350.08 feet to an axle marking the Southeast corner of said NE 1/4 SE 1/4 of Section 20, said point being the REAL POINT OF BEGINNING; thence, N.89°50'39"14. 1336.59 feet; thence, N.0011'58"E. 1226.50 feet to the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: S.85056'08"E. 560.84 feet to a point of curve; thence along a curve to the left 116.45 feet, said curve having a delta of 33°21'36", a radius of 200.00 feet,.tangents of 59.93 feet and a long chord of 114.81 feet which bears N.77°23'13"E. to a point of tangent; thence, N.60°42'25"E.. 121,50 feet to a point of curve; thence"a long a curve to the right 222.31 feet, said curve having a delta of 50057'00", a radius of 250.00 feet, tangents of 119.11 feet and along chord of 215.06 feet which bears N.86°10'55"E. to a point of tangent; thence, S.68020'35"E. 366.39 feet to the line common to said Sections 20 and 21; thence, S.0000'42"W. 1154.00 feet to the REAL POINT OF BEGINNING, said parcel containing 37.60 acres, more or less. SUBJECT TO: Any rights -of -:gay or easements of record or in use. ~�`�� ��Gt S l Eqs. �►ft ` 2471 �' lF O F FS J H 0 P AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) IMarty Goldsmith 4550 W. State Street Name Address Boise Idaho , 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 to Briggs Engineering, Inc. (name) 1111 S. Orchard, Boise, Idaho 83705 (address) to submit the accompanying application pertaining to that property. 2. 1 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 ?J th day of 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at llZL�LCC L ��i1r / My Commission Expires: 11-10-47'1 5 EXHIBIT A PARCEL IA 'I'llE' NORTHWEST QUAR'T'ER QUAR'T'ER OF SECTION 20, OF 'TIIE SOUTHEAST QUARTI,,Z 'TOWNSHIP AND THE SOU'T'HWEST QUARTER OF THE SOUTHEAST ADA COUNTY, 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAI10. EXCEPT 'i'I[A'I' PU(Z'T'ION OF THE SOU'1'H{JES'I' Ql1J�.: "'1'R OF THE SOUTHEAST QUAR'T'ER LYING SOUTH AND WEST OF THE RIDENBAUGH CANAL, MORE PAIZ'TICULAR •'I DESCRIBED AS FOLLOWS:. COMMENCING AT THE QUAR'T'ER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE' 1 EAST', BOISE MERIDIAN; 'THENCE SOUTH 89036'2811 EAST ALONG 11111E SECTION LINE 1311.96 FELT TO A 5/8" IRON PIN MARKING THL•' EAST 1/.IG CORNER AND THE 121•;AL POINT OF BEGINNING; 'THENCE NORTH 89036'28" WEST 476.36 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM {•WHICH A 5/8" IRON PI14 BEARS SOUT'11 (39036'28 " 9°36'28" EAST 90.33 FEET; THENCE ALUIJG THE CENTER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: 110R'I'II 56°00' 00" WEST 290.36 FEET IJORTJI 53-2b'36" WEST 340.70 FEET; THENCE 175.70 FLET ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13025'2111, A RADIUS OF 750.00 FEET, AND A LONG CHORD WHICH BEARS NORTH ,16"38'06" WEST 175.30 FEET; THENCE NORTH 39055'3011 WEST 340.41 FEET TO A POINT ON THE NORT'II-SOU'T'H CENTER OF SECTION LINE FROM WILICH A 1/2" IRON PIN BEARS NOIZ'TII 00023'98" EAST G3.61 FEE'T'; THENCE DEPAR'T'ING 11111E CENTER OF THE RIDENBAUGH CANAL NOR'T'H 00023'4811 EAST ALONG THE' CENTER OF SECTION LINE 597.65 FEET TO C -S 1/1G CORNER; THENCE CONTINUING NORTH 00023'48" EAST 1338.95 FLET 'I'0 TIIE CEN'T'ER OF SECTION 20; THENCE NORTH 89°59' 98" FAST 1331.73 Fl;LT' 'T'O 'THE C -E 1/1G CORNER; THENCE SOUT'11 00011'18" WEST 2689. 09 FEET TO T'IIE POINT OF BEGINNING. 1.111Zl'I•.I, III PARCEI, OF Uf THP SOUTHWEST LAUD LOCATEID QUAR'T'ER NOR'1'll AIJD EAST OF THE IZIDENBAUGII CANAL IN THE SOUTHEAST QUARTER ADA COUNTY, IDAHO, MORE PARTICi;I,ARLY O1' SE('TION 20, 'I'Ot+N:;1111? 3 NORTH, RAIJGE 1 EAST, BOISE hiE1ZID1AIJ, WI{S'T 23.1.60 DESCIZ • BED AS FOLLOWS: (:I tl'1'RAL ANGLE OF c:utitlEtlC'1NG AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 'I'OtJNSIIIP ALONG A RADIUS O[' 750.00 l:AS'I', BOISE MERIDIANMERIDIANFRUt1 29, WIIICII 11111E El/1.6 3 NUR'1'lt, IZAtJGE 1 THENCE tIES'T CORNER BEARS SOUTH 89036'28" EAST 1341.46 FEET'; TUIZNC 00023'4811 'I'I(h;NCL•' EAST' 13311, 94 l EE'1' '1'U 11111E C-S1./16 CORNER AND '1'lIE REAL 110114'1' F OIII,-GINN1NG; 5UUT'li 00023',10" WEST' 597.65 FEET TO A POINT IN THE CEN'T'ER OF 11111E RIDENBAUGII CAIJAL, WHICH A 1/2" IRON .114 BEARS 1401Z'1'11 00(>23'41311 EAST 63.61 FRET; THENCE ALONG THE CENTER RIDEtlBAUGH CANAL 11111E FOLLOWIN(; COUR''L' NORTH 3J°55'30" WE,(;T "2.99 FLET; J AND DISIANCES: HURT11 521122'2411 WI;t,'1' 242.50 NORTH 33035'2411 WI{S'T 23.1.60 FEET; THENCE 168.45 FEET (:I tl'1'RAL ANGLE OF 1.2052'08", ALONG A RADIUS O[' 750.00 27°09'2•1" WEST 1611.10 FE'E'T'; FLET, 11IJD A 'THENCE NU12'I'll 20'43'1811 tIES'T 111.75 FEET '1'O FROM OF THE, A CURVE TO THE IZIGIi'i', HAVING A LONG CHORD WIIICII BEAR:; NO12'1'II r IJ1 Oill 111E NORT'll BOU14DAIZY OF THE•' SOU'1'l1EIIsi' QUAR'I'L•'R 01' THE yUU'i'ii{J'':;'I' QUARTER OF SAID SECTION 2.0; THENCE DEPART .NG THE CENTER 01' THE IZIDEN13AUGII CANAL EAST 993.62 I•'EET TO THE POINT OF BEGINNING. f PARCEL 1C A PARC). --,L OF UAND LOCATED SOUTH AND EAST OF THE RIUENI3AUGII CANAL IN THE SOUTH "ALF OF THE NORTHEAST QUAR'T'ER OF TIII•: SOUTHWEST QU>\lYT'ER OF SECTION 7.0, TOWNSHIP 3 WORTH, RANGE 1 EAST, BOISE MERIDIAN, ADI COUIJ I'Y, IDAHO, MORE PARTICULARLY DESCRIBED. AS FOLLOWS: COI.MENCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29 TOWNSHIP 3 NORTH, RAUGE 1 EAST, IFRUt9 t•J1(ICIt '1'111, E.1/ 1 0 CORNER BEARS SOUTH 09036'20- EAST 1341 , 46 FEET; THENCE, NORTH UU".! t' 40" EAST WI ti .94 FEET TO THE C -S 1./16 CORNER AND THE REAL POINT OF BEGINHIM4 THENCE THI, SOUTH 11(01-JUARY OF THE NORTHEAST QUARTER OF 'flit; SOUTHWEST QUARTER IJOR'I•II 119"49'16" WEST 423. IU FEET TO A FOUNT) 1/2" IRON PIN AS SHOWN ON RECORD. OF SURVEY NO. l 361 , INSTRUMENT NO. 924393 1, (RECORD NORTH 09049'39" WEST 422.40 FEET) ; THENCE GENERALLY AF,ONG THE EAST BUNK OF THE RI DENHAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 12006' UJ' WEST 117,03 FEET; NORTH 111"02'03" EAS'T' IU5. 00 FEET; NORTH 39002'U3" EAST 322.46 FEET; NORTH 34043'03" EAST 06.20 FEET; NORTH 40022'33" EAST 174.04 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH (TALI•' OF THE NORTHEAST QU .R'T'ER OF THE SOUTHWEST QUARTER OF SAID SEC'T'ION 20; THENCE SOUTH 0905G'27A EAST 54.90 FEET TO THE C-N-Sl:/64 CORNER; 'THENCE SOUTH 00023'40" WEST 669.47 FEET TO THE POINTOTl BEGINNING. WARRANTY DEED FOR VALUE RECEIVED, KENAI PARTNERS, L.L.C., an Idaho limited liability company, Grantor, does hereby BARGAIN, SELL and CONVEY unto MARTY GOLDSMITH, an unmarried person, GRANTEE, whose current address is 4550 W. State Street, Boise, Idaho 83703, the following described premises in Ada County, State of Idaho, more particularly described -,as follows, to wit: See Exhibit "A" attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his successors and assigns forever. And the said Gr :ntor does hereby covenant to and with the said Grantee that it is the owner in fee simple of said premises; that they are free from all encumbrances except current property taxes and assessments, and exceptions as set forth on attached Exhibit "B"; and that Grantor will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed to this Warranty Deed the '�� day of February, 1998. KENAI PARTNERS, L.L.C. By R. CRAfG GROVES. WARRANTY DEED — 1 - W - 1 V 1 BOISE ID' AMERICAN LAND '98 FEB�6 PF) 2 53 F C c i (E CC; u,—:U i i:. LCJE S I.' J STATE OF IDAHO, ss. County of Ada. On this _U_ day of February, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared R. CRAIG GROVES, GREGORY B. JOHNSON and ROBERT R. BASS, known or identified to me to be the Members in the limited liability- company of KENAI PARTNERS, L.L.C., and the Members who subscribed said company name to the foregoing instrument, and acknowledged to me that they executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. WARRANTY DEED - 2 Notary Publj5c�%for,Idaho Residing at % �D , I aho Commission expires: .JAL �lJ �� �-,°1" Ju (s v 4 r. FT.j c i �e ru -- " k WARRANTY DEED - 2 Notary Publj5c�%for,Idaho Residing at % �D , I aho Commission expires: • EXHIBIT A PARCEL IA THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST (QUARTER LYING SOUTH AND WEST OF THE RIDENBAUGH CANAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUAR'T'ER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89036'28" EAST ALONG THE SEC'T'ION LINE 1341.46 FEET TO A 5/8" IRON PIN MARKING THE EAST 1/16 CORNER AND THE REAL POINT OF BEGINNING; THENCE NORTH 89036'28" WEST 476.36 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 5/8" IRON PIN BEARS SOUTH 89036'28" EAST 90.33 FEET; THENCE ALONG THE CENTER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 56000'00" WEST 290.36 FEET NORTH 53020'36" WEST 340.70 FEET; THENCE 175.70 FEET ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13025'21", A RADIUS OF 750.00 FEET, AND A LONG CHORD WHICH BEARS NORTH 46038'06" WEST 175.30 FEET; THENCE NORTH 39055'30" WEST 340.41 FEET TO A POINT ON THE NORTH -SOUTH CENTER OF SECTION LINE FROM WHICH A 1/2" IRON PIN BEARS NORTH 00023'48" EAST 63.61 FEET; THENCE DEPARTING THE CENTER OF THE RIDENBAUGH.CANAL NORTH 00023'48" EAST ALONG TIIE CENTER OF SECTION LINE 597.65 FEET TO C -S 1/16 CORNER; 'THENCE CONTINUING NORTH 00023'48" EAST 1338.95 FEET TO THE CENTER OF SECTION 20; THENCE NORTH 89054'48" EAST 1331.73 FEET TO THE C -E 1/16 CORNER; THENCE SOUTH 00011'18" WEST 2689.04 FEET TO THE POINT OF IIEGINNING. EXCEPTING TilPREFROM: A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIN MARKING THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89036' 17" EAST 866.20 FEET ALONG THE LINE COMMON TO SAID SECTIONS AND THE CENTERLINE OF EAST VICTORY ROAD; THENCE NORTH 1050'03" EAST 25.01 FEET TO AN IRON PIN ON THE NORTH RIGHT OF WAY OF SAID EAST VIC'T'ORY ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 1050'03" EAST 350.00 FEET TO AN IRON PIN; THENCE SOUTH 75029'15" EAST 143.45 FEET TO AN RON PIN; THENCE ' SOUTH 1050'03" WEST 315.00 FEET TO AN IRON PIN ON SAID NORTH RIGHT OF WAY OF EAST VICTORY ROAD; THENCE NORTH 89036'17" WEST 140.00 FELT TO THE REAL POINT OF IIEGINNING. (CONTINUED) r 1% PARCEL OF LAND LOCATED NORTH AND EAST OF THE RIDENBAUGH CANAL IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEC'T'ION 20, 'TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAIIO, MORE PARTICULARLY DESCR'BED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SEC'T'IONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN FROM WHICH THE E1/16 CORNER BEARS SOU'T'H 89036'28" EAST 1341.46 FEET; THENCE NORTH 00023'4B" EAST 1338.94 FEET 'I'0 TIIE C—SI/16 CORNER AND TILE REAL POINT OF BEGINNING; 'I'IIIRIICE SOU'T'H 00023'48" WEST 597.65 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CADIAL, FROM WHICH A 1/2" IRON IN BEARS NORTH 00023'48" EAST 63.61 FEET; THENCE ALONG THE CENTER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 39055'30" WEST 2.99 FEET; NORTH 52022'24" WEST 242.50 FEET; NORTH 33035'24" WEST 23.3 .60 FEET; THENCE 168.45 FEET ALONG A CURVE TO TILE RIGHT, HAVING A CENTRAL ANGLE OF 1.2052'08", A RADIUS OF 750.00 FLET, AND A LONG CHORD WHICH BEARS NORTH 27'09'24" WEST 168.10 FEET; 'THENCE NORTH 20043'18" WLST 111.75 FEET TO A•PO1NT ON THE NORTH BOUNDARY OF THE SOU'T'HE'''AST QUARTER OF THE SOU'T'IIW:' ;'I' QUARTER OF SAID SEC'T'ION 20; THENCE DEPART.NG THE CEN'T'ER OF THE RIDENBAUGH CANAL SOUTH 89049'3-1 " EAST 443.62 FEET TO TiiE POINT OF BEGINNING. PARCEL IC A PARCEL, OF LAND LOCATED SOUT11 AND EAST OF THE RIDENBAUGH CANAL IN TjIE SOUTH HALF OF THE NORTHEAST QUARTER OF 'I'Ills SOUTHWEST' QUARTER OF SECTION 20, 'T'OWNSHIP 3 NORTH, RANGE 1 LAST', BOISE: MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER COIZ14EIZ COMMON '1'0 SECTIONS 20 AND 29 TOWNSHIP 3 NORTH, RANGE 1 EAST, FROM WHICH '1'1113 131/ 1 r, CORNER BEARS SOU'T'H 09-3G'28-1 EAST 1341.4G FEET; THENCE NORTH 0002 3' 48" (:AST 1.311 . 94 FEET TO THE C—S 1/16 CORNER AND THE REAL POINT OF BEGINN ltj(;; 'I'llEHCH AI.011(; THE SOUTH 110UNDARY OF THE NORTIIEA!;T QUARTER OF THE SOUTHWEST QUAR'T'ER NORTH 090,19'16" WEST 423.113 FEE'T TO A FOUND 1/2" IRON PIN AS SHOWN ON RECORD, OF SURVEY 140. 1361., INSTRUMENT NO. 924393i, (RECORD NORTH 89049139" WEST 422.40 FEET); THENCE GENERALLY AL014G THE EAST BA14K OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DIS'T'ANCES: NORTH 12006103' WEST 117.03 FEET; NOR'T'H 18002'03" EAST 105.01) FEET; NORTH 39`02'0311 EAST 322.46 FEET; NORTH 34043'03" EAST 86.20 FEET; NORTH 40022'3311 EAST 174.04 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH IIALF OF THE NORTHEAST QU:.RTER OF THF .'.;OU'I'11WEST QUARTER OF SAID SECTION 20; THENCE SOUTH 89056'27" EAST 54.92 FEET TO THE C—M—Sl/64 CORNER; THENCE SOUTH 00-23'4811 WEST 669.47 FEET '1'0 THE POINT OF BEGINNING. 1. GENERAL TAXES FOR THE YEAR 1998 AND SUBSEQUENT YEARS, WHICH ARE AN ACCRUING LIEN, NOT YET DUE AND PAYABLE. GENERAL TAXES WHICH MAY BE ASSESSED AND EXTENDED ON ANY SUBSEQUENT ROLL FOR THE TAX YEAR 1997 WITH RESPECT TO NEW IMPROVEMENTS AND THE FIRST OCCUPANCY THEREOF DURING 1997 WHICH MAY NOT BE INCLUDED ON THE REGULAR ASSESSMENT ROLL AND WHICH ARE AN ACCRUING LIEN. 2. LIENS, LEVIES, AND ASSESSMENTS OF THE NAMPA MERIDIAN IRRIGATION DISTRICT, AND THE RIGHTS, POWERS, AND EASEMENTS OF SAID DISTRICT AS BY LAW PROVIDED. NO DELINQUENCIES APPEAR OF RECORD IN THE ADA COUNTY RECORDER'S OFFICE. 3. EASEMENT TO IDAHO POWER COMPANY, A CORPORATION, AS SET FORTH IN AN INSTRUMENT RECORDED MARCH 9, 1962, AS INSTRUMENT NO. 523172, RECORDS OF ADA COUNTY, IDAHO. 4. TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN EASEMENT AND AGREEMENT BY AND BETWEEN KENAI PARTNERS, LLC, AND SALLY D. MARTIN, A WIDOW, RECORDED JULY 3, 1997, AS INSTRUMENT NO. 97053229; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO. 97058315, IDAHO RECORDS OF ADA COUNTY, . 5. RIGHT-OF-WAY FOR RIDENBAUGH CANAL AND THE RIGHTS OF ACCESS THERETO.FOR MAINTENANCE. 6. RIGHTS-OF-WAY FOR EAGLE AND VICTORY ROADS. 7„ SUBJECT TO Tt#4=0F A MORTGAGE TO SECURE AN ORIGLoAL INDEBTEDNESS OF $636 072.00,,.AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3 1997, AS INSTRUMENT NO. 97053228; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO'. 97058314, RECORDS OF ADA COUNTY, IDAHO. DATED JUNE 26, 1997. MORTGAGOR: KENAI PARTNERS, LLC, AN IDHAO LIMITED LIABILITY COMPANY MORTGAGEE: SALLY D. MARTIN,A WIDOW WHICH GRANTEE AGREES TO .ASSUME AND PAY + , i i ,.. �, f N - 1 ,!>' 'y'ji`,Qyf 4 ' ti 4i �. S. r 4i � ha w�y SMC i'. A:n� 'i •i'y � f ti,.Cil.+ f ! :•.ria,"L, tttj +1 ' EVA <NIXON,';.`Giranor ���? 7�c}y`'Y� t c .�' j rsr4y...Nf Y t t.itr dav1,., cay _ ` •^' k'kR't 11 ✓l � t 5 y , } a a ' f r � ..3. wZ. S r t t ty�s . e9.}Cryt:�Ai, '•t ls) , S ,i+t it fi yl r� X , ✓ N1 4� ti, C r� �i k 9 > Y v Qy do here by'convey,rele.tse;Wreintee and forever yu►t clitim 6 t DALE A NIXON',>NG ran tee,� 2555 S��Eagle Rcad Meridian, :>Idahop't83ti'42 ti c ,� f t� ,t� kt� r r a, r�.) y t the following described premises, to -wit x ? ;, z ; Y' y. is The Northeast one gldarter' of `the ;Southeast one -_quarter.' South of tAe RIDENI3AUGH:'CANAL .in :Sect on -;20, . Township*3:,. North, Range 1 East,`�.M.,•Ada''County, Idaho:' ' Together with'al1'"a singular''the tenements .hereditamer_ts' and appurtenances thereunto.belonging or in anywise appertaining; This deed is intended to convey to the Grantee all of Grantor's right, title and interest in the foregoing real property, and said real property shall become the property of.the Grantee as his sole and sepa::ate property.and in nowise as community property. together with their appurtenances. Dated: March 12, 1979. STATE OF IDAHO, COUNTY OP Ada On this 1 Zt•k_-, day of • March ' 1`'79 ' before me, a notary public in and for said State, personally appeared` ',,.EVA NIXON, knowq, mc,to:�gtiic person who3e name is Sts rihed to'tl.erwir3tin instrument, and acknowledged to Z 11'.; L 1 lis •' she exccutcd the same, Eva Nixon S -1 -ATL OF l!) 10, GOtt, Tl' OF L�<rGt/ 1 `hereby certify drat th' i strut was d for record at N the request of v� y�.t�c%'00, e C at minutes past o'clock this Y2d dayof ? z 19%� in my office, an:t duly recorded in [look of Deeds at page C JOHN BASTIDA Ex -Officio Recor •r l .db iiereb,y 'conVey,*."fcileW,a,rt 'rht%i5and foreverywt claim- onto,-':il, ran te e,r,,.,,,".�':2535 Sl. Eagle Road `. -8 36 DALE: K �NIXON', d" .... .. 4- .2 eri ianv,­,1dbih&*t%.. the F6116wing descrt e -,premises,, -to-wit + 1 �3 t The o-witThe Northeast' one7'4jaartdr 6f:the: So'uthdast one -qua of the RIDENh�bd)4''dANAL.:.in,�Se ti6n.-:20,,Township 3 ..South- c M* a% Count�,-- Idaho. North, -Range .1 :E*ast' t -.Ad Togeth6r-with a liand ula'rth6enemeht tenements; * �6�.r * hereditaments: '. . and appurteriances'tfiereunto belonging or in anywise appertaining; This deed is intended to convey to the Grantee all of Grantor's right, title and interest in the foregoing real property, and said real property shall become the property of.the Grantee as his sole and sepa:K-ate property.and innowiseas community property. together with their appurtenances. Dated: March 12, 1979. STATE OF IDA110, COUNTY OF Ada On this ) Z jJ,_ day of - March , 1979 before me, a notary public in and for said Stat<-., personally -appeared -EVA NIXON p vIt V, t1he person whose name is , bed to'th;)yiffiln instrument, and acknowledged to me jjij L she executed the same. Eva Nixon S'I'ATE- OF 11) A Ito' T" 0'! "M I'hereby certify that 5trumnet, , for record al the request 1_� at minutes past 'clock M., thL dayof I in my office, awl duly recorded in Book of Deeds at page JOHN 13ASTIDA Lx -Officio Recon -r I 6 l{1,�ts1:>:s%�L4!'YxC ti -nig- vil ,'s,ul. ¢tZu'et{ EVA NIXON, `Gran: ort �, ti Y c t4�F S i a, f ��!4 F1r hl �h ]SS c ,1:fo5ix.�,� � tf; to tys.1 .. - ,�i��7�it_:`.i,.S. ,.ilr •,S. C'v. �i�`ira.?7i r \ ,s ' A iZ y. ; f - do hereby convey, relettse;1rvmtse and forever quit claim s DALE A NIXON,; i.Grantee, 2555 S�:� Eagle Raad Meridian, ,IdAho Ei83642 ac ti` •'� I 7 ) i.. t, , 5 .e k. � 'Sf s � � ti. i1 r thefollowing described piemis, to wit - :, t ..q The Northeast one quarter`of.'the Southeast one-quarter South of the -RIDENi3AUGH: CANAL ;an :Section:;20,..,Township 3 North, -Range 1Est; iB M': Ada` County, Idaho : Together with all arid,:singular' the tenements, 'hereditamer_ts and appurtenances thereunto belonging or in anywise appertaining; This deed is intended to convey to the Grantee all of Grantor's right, tittle and interest in the foregoing zeal property, and said real property shall become the property of.the Grantee as his sole and separate property:and in nowise as community property. together with their appurtenances.. Dated: March 12, 1979. STATI` Ol', IDAHO, COUN'r), OF Ada On this l Z�),_ day of • March I`�79 before me, a notary public in and for said State, personally appeared` .-EVA NIXON, <�.�........ v� .;'.0 �' r..'• . knowrt„tp�meho'. the person whose name is S;ts}rihed to'tlterwithin instrument, and acknowledged to k rite she executed the same• t.l 1 I.r Eva Nixon S'I'ATI; OP IDAllO. CGN, T)' Op 1 `hereby certify drat th' • i strum t was d for record al lF••r request of UC� at r 5 minutes past o'clock ,m., this � �Zd dayof 19%/, in my office, ara duly recorded in Book of Deeds at page JOHN 13ASTIP Gx•Officlo Recor •r 7_ c DESCRIPTION FOR PR6eOSED THOUSAND SPRINGS SUBDi.,SION April 14, 1998 A parcel of land lying in the South'/, of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 20, T.3N., R.1 E., B.M., thence N 89036'44" W 1341.26 feet to the southeast corner of the SW % of the SE %4, the REAL POINT OF BEGINNING of this description; Thence N 89036'38" W 476.32 feet to a point on the centerline of the Ridenbaugh Canal; Thence N 56000'00" W 290.36 feet along said centerline to a point; Thence N 53020'36" W 340.70 feet along said centerline to a point of curvature; Thence along said centerline along a. curve to the right 175.65 feet, said curve having a radius of 750.00 feet, a central angle 'of 13025'06", tangents of 88.23 feet, and a long chord which bears N 46038'03" W 175.24 feet to a point of tangency; Thence N 39°55'30" W 343.40 feet along said centerline to a point; Thence N 52022'24" W 242.50 feet along said centerline to a point; Thence N 33035'24" W 233.60 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 168.45 feet, said curve having a radius of 750.00 feet, a central angle of 12052'06", tangents of 84.58 feet, and a long chord which bears N 27009'21" W 168.09 feet; Thence N 20043'18" W 111.74 feet along said centerline to a point; Thence S 89°49'11" E 20.42 feet to a point; Thence N 12006'03" W 117.00 feet to a point; Thence N 18002'03" E 105.00 feet to a point; Thence N 39102'03" E 301.40 feet to the southeast corner of Los Alamitos Park Subdivision No.3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of the Ada County Recorder's Office; Thence continuing N 39002'03" E 21.06 feet along the east boundary of said Los Alamitos Park Subdivision N0.3 to a point; Thence N 34043'03" E 86.20 feet along said east boundary to a point; Thence N 4002233" E 174.04 feet along said east br,undary to a point; 980204-tsprings-des AFFIDAVIT OF POSTING STATE OF IDAHO ) ss COUNTY OF ADA ) I, Beckv L Bowcutt (Briggs Engineering Inc) 1111 S Orchard Suite 600 (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, variance and preliminary plat. Dated this l da of /L! y - 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. OF 1 �'' 0 980204\affid-posting (vem sari E C: C�- Notary Public for Idaho Residing at _ c15 i t,o My Commission Expires:( 2, Zorn JLIL 08 '97 18:22 FR CIr' OF MERIDIAN 208 887 4813 TO 3452550 it CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phare: (208) 889-4433 Fax: (209) 887-4813 PIZOPOSED NAME OF SUBDIVISION: 'THOUSAND SPRINGS SUBDIVISION GENERAL LOCATION: NORTH OF VICTORY AND WEST 'OF EAGLE ROAD P. 02/0? LEGAL DESCRIPTION (AT'T'ACH IF LENGTHY): SE 1/ 4 SECTION 20, T 3N, R 1 E FARWEST DEVELOPERS (MARTY GOLDSMITH) OVA4ER(S) OF RECORD: pp,.A;mpy X nHONE: 388-0189 ADDRESS: FARWEST: 4550 W. STATE ST., BOISE, ID 83703 APPLICANT: FARWEST DEVELOPERS (MARTY GOLDSMITH) pHONF; 388-0189 ADDRESS: 4550 W. STATE ST., BOISE, ID 83703 ENGINEER, SURVEYOR, OR PLANNER: BRIGGS ENGINEEgTNc- PHONE:344-9700 (BECKY BOW=) ADDRESS: 1 111 S. ORCHARD, SUITE 600, BOISE, ID 83705 TYPE (RESIDEINTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION: 121.227 ACRES PRESENT LAND USE; AGRICULTURAL PROPOSED LAND USE: RESIDENTIAL ( 330 SINGLE-FAMILY DWELLINGS) P72ESE1VT ZONING DISTRICT: RT (RURAL TRANSITION) Si of Applicant ANNEXATION OF THOUSAND SPRINGS SUBDIVISION 1. Farwest Developers (Marty Goldsmith) 4550. W. State Street, Boise, Idaho 83703 Phone: 388-0189. 2. Farwest Developers (Marty Goldsmith) 4550. W. State Street, Boise, Idaho 83703 Phone: 388-0189. Dale & Doyle Nixon 2555 S. Eagle Road, Meridian, Idaho 83642 Affidavit of Legal Interest attached. 4. Legal description attached. Present Land Use: The parcel is currently used for agricultural purposes. 6. Proposed Lane Use: A residential development consisting of (330) single family residential lots, (1) well lot, (24) common lots, (1) fire station lot and (1) school/park lot. The proposed density is 2.72 dwellings per acre. 7. Present District: The property is zoned RT (Rural Transition) and outside the City limits of Meridian. 8. Proposed District: The applicant is requesting annexation and rezone to R-4 designation. 9. The property adjoins the City limits of Meridian along the west portion of the parcel. The adjacent Los Alamitos and Sherbrooke Hollows Developments are currently zoned R-4. The request for a R-4 zoning designation would be consistent with previous annexation/rezones in the vicinity. The request for an R-4 zone is compatible and consistent with the Meridian Comprehensive Plan. 10. The proposed development has a low density of 2.72 dwellings per acre. This density is consistent with other approved developments in the Victory Road and Locust Grove Road area. A neighborhood meeting was held to obtain input from adjoining properties. Comments were gathered and incorporated into the plan. This density is an excellent transitional density from existing large residential parcels. 11. The annexation/rezone is supported by the Meridian Comprehensive Plan. The plan allows for urban development when urban services (ie. sewer and water) are available to the property. The requested R-4 zoning is consistent with the Meridian Comprehensive Plan Map which identifies this area as single family residential. 980204\annex.req 12. Map attached. 13. 300 Scale maps attached. 14. List of property owners is attached. 15. Fees attached. 16. Affidavit attached. 17. Affidavit of application preparation is attached. 980204\annex.req \ t AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I Dale Nixon & Doyle E. Nixon Name Meridian Idaho (city) (state) 2555 S. Eagle Road Address being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to Marty -Goldsmith and/or 4550 W, State Street, Boise, Idaho 83703 Briggs Engineering, Inc. 1111 S. Orchard, Boise, Idaho 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. 1 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 �4" , 19 ti (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. s`bcb°°160 ®�.fil7s�°0®ire a� TA Y e: �, �u D Lti� Hes J, °p0 A60 O ss 080000004) "oil 11641100% ry Public for Idaho ding at Iy Commission Expires: 5 PROPERTY DESCRIPTION FOT NIXON TO JOHNSON A parcel of land being all of that portion of the NE 1/4 SE 1/4 of Section 20, T.3N., R.1E., B.M., Ada County, Idaho, lying southerly of and adjacent to the centerline of the Ridenbaugh Canal, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 20, 21, 28 and 29, T.3N., R.IE., B.M., Ada County, Idaho; thence, N.0°00'04"W. 1350.08 feet to an axle marking the Southeast corner of said NE 1/4 SE 1/4 of Section 20, said point being the REAL POINT OF BEGINNING; thence, N.89°50'39"<<7. 1336.59 feet; thence, N.0011'58"L 1226.50 feet to the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: S.85056'08"E. 560.84 feet to a point of curve; thence along a curve to the left 116.45 feet, said curve having a delta of 33°21'36", a radius of 200.00 feet,.tangents of 59.93 feet and a long chord of 114.81 feet which bears N.77023'13"E. to a point of tangent; thence, N.60°42'25"4. 121.50 feet to a point of curve; thence'a, long a curve to the right 222.31 feet, said curve having a delta of 50°57'00", a radius of 250.00 feet, tangents of 119.11 feet and along chord of 215.06 feet which bears N.86°10'55"E. to a point of tangent; thence, S.68020'35"E. 366.39 feet to the line common to said Sections 20 and 21; thence, S.0°00'42"W. 1154.00 feet to the REAL POINT OF BEGINNING, said parcel containing 37.60 acres, more or less. SUBJECT TO: Any rights-of-way or easements of record or in use. W5 r 2471 HO .Q s STATE OF IDAHO COUNTY OF ADA I, Boise (city) AFFIDAVIT OF LEGAL INTEREST ss Marty Goldsmith Name Idaho (state) 4550 W. State Street Address being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to Briggs Engineering, Inc. (name) 1111 S. Orchard, Boise, Idaho 83705 (address) to submit the accompanying application pertaining to that property. 2. 1 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. tf Dated this a day of Ate,%` �� , 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho"- Residing at My Commission Expires: 5 EXHIBIT A i PARCEL JA THE NOR'I'IIWES'I' QUAR'T'ER OF THE SOUTHEAST QUARTJsd2 AND THE SOU'T'HWEST QUARTER OF THE SOUTHEAST QUAR'T'ER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAIIO. EXCEPT THAT PORTION OF THE SOUTHWEST QilA''7' 3R OF THE SOUTHEAST QUARTER LYING SOUTH AND WEST OF THE RIDENBAUGH CANAL, MORE PARTICULAIC,Y DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON T'0 SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOU'T'H 89036'2611 EAST ALONG 11111E SECTION LINE 1311.46 FEET TO A 5/8" IRON PIN MARKING THE EAST 1/.16 CORNER AND THE R .-AL POINT OF BEGINNING; THENCE NOR'T'H 89036'2811 WEST 476.36 FEET '1'O A POINT IN THE CENTER OF THE RIDENBAUGII CANAL, FROM WHICH A 5/8" IRON PIN BEARS SOU'T'H 89°36'28" EAST 90.33 FEET; THENCE ALONG THE CEN'T'ER OF THE RLDENBAUGII CANAL THE FOLLOWING COURSES AND DISTANCES: "OR'1'll 563000'0011 WEST 290.36 FEET NORTH 53020'36" WEST 340.70 FEET; THENCE 175.70 FEET ALONG A CURVE TO THE RIGHT HAVING A CEN'T'RAL ANGLE OF 13025'21--, A RADIUS OIC' 750.00 FEET, AND A LONG CHORD WHICH BEARS NOR'1'll ,16('38'06" WEST 175.30 FEET; THENCE NORTH 390S5'3011 WEST 340.41 FEET TO A POINT ON THE NOR'T'II-SOUTJI CENTER OF SECTION LINE FROM WHICH A 1/2" 1RON PIN BEARS NOR11'II 00023'4811 EAST 63.61 FEET; 'THENCE DEPARTING THE CENTER OF THE RIDENBAUGII CANAL NOR'T'H 00023'48" EAST ALONG TIIE CENTER OF SECTION LINE 597.65 FEET TO C -S 1/16 CORNER; THENCE CONTINUING NORTH 00023'48" EAST 1338.95 FEET TO TIIE CENTER OF SECTION 20; THENCE NORTH 89054'48" EAST 1331.73 FEET TO THE C -E 1/16 CORNER; THENCE SOUT11 00011'18" {'JEST 2689.04 FEET TO THE POINT OF BEGINNING. 1,10WI.I, III �+ TARGE., OF LAND LOCATED NORTH AND EAST OF THE RIDENDAUGH CANAL IN THE SOUTHEAST QUAR'T'ER u[ ITIE `>OUTHWEST QUARTER OI' SECTION 20, TO0IdSlI1P 3 NORTH, R114GE 1 EAS'[', BOISE HERIDIAN, ADA COUNTY, IDAHO, MORE PARTICU1,ARLY DESCR BED AS FOLLOWS: COI.IMEIJCIFIG AT THE QUARTER CORRII?R COMMON TO SECTIONS 20 AND 29, TOWNSHIP F,AS'1', BOISE MERIDIAN 3 NORTH, RAIIGE .1 FROM {'1111011 'TIIE El/3.6 CORNER BEARS SOUTH THRI10E 89036'28't EAST' 1341 .46 PEE'1'; HURTH 00°23'48" EAST 1318.94 FEET '1'0 11111E C-S1./.1G CORNER AND 'ITIE REAL THI-:NCE i'Olb!'1' OF UhGINW1IJ(;; SOUTH 00023'4811 WEST 59'1.65 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGII WHICH A 1/2" IRON .TN CANAL, FROM 13EAIZS NORTH 00023'4811 EAST 63.61 FEET; THENCE 'ITIE RIDENBAUGII CANAL THE ALONG CENTER OF THE FOLLOWING, COURSES AND DISTANCES: 110R'I'II 39055'30" WEST 2. 99 FEET; 11URTH 52022"24" {JI.;i'1' 24'2.50 HORT11 33035'24" {11:5'1' Cfa!'I'ltAl. 233.60 FEET; 'THENCE 168.45 FEET ALONG A CURVE To 'TIIE RIGA', HAVING A ANGLE OF Q052'0811, 2';009'2,1" A RADIUS OF 750.00 FEET, A14D A LONG CHORD WIIICI[ BEAR:; HOR'1'll WEST 168.10 FELT; TIIEIJCE NORTH 20'43'1811 Wi'S'1' ":;'I' 111.75 FEET TO A POINT ON THE NORTH BOUTJDAIZY OF 11111E SOUTIII,AST OF THE SOUTlIW QUARTER QUAR'T'ER OF SAID SECTION 20; ']'HENCE DEPART ;1JG THE CENTER OF THE RIDENBAUGH CANAL SOU'1'll 8 4 9"9' 3.' " EAST' 443.62 1-'EE'I' '1'0 THE POINT OF BEGINNING. i PARCEL IC A PARCEL OF LAND LOCATED SOUTH AND NAST OF THE RIDENBAUGH CANAL IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF THI-, SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 WORTH, RANGE I EAST, BOISE, MERIDIAN, ADA COUE11'Y, IDAHO, MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: CUEtl1L'NCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29 TOWNSHIP 3 NORTH, RANGE I E:AST, FROM WHIC1l THE EI/10 CORNER BEARS SOUTH 89036'213" EAST 1341.46 FEET; THENCE IhHVrH 00"2 1'40" EAST 1 11P.94 FEET TO 'fill, C -S .1/16 CORNER AND THE REAL POINT OF BIsGINNim THENCE Al OU(; THE SOU -1,11 H()INDARY OF 'fill; NORTHEAST QUARTER OF THE SOUTHWEST QUARTER IIUR'i" U9"49' 1G" WEST 413. Q FEET TO A FOUND 1/2" IRON PIN AS SHOWN ON RECORD, OF SURVEY NO. 1 361 , INSTRUMENT NO. 924393 i, (RECORD NORTH 09-49'39" WEST 422.40 FEET); THENCE GENERALLY ALONG THE EAST BANK OF THE R1DENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 1.2."O6' 03' WEST 117.03 FEET; NORTH 111"02'03" EAST IU5 . 00 FEET; NORTH 39002'03" EAST 322.46 FEET; NORTH 34013'03" EAST 06.20 FEET; NORTH 40022'33" LAST 174.04 FEET TO A POINT ON THE; NORTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST Q=RTER OF THE: SOUTHWEST QUARTER OF SAID SECTION 20; THENCE SOOT" 89056'271 EAST 54.97. FEET TO THE C-M-SI./64 CORNER; THENCE SOUTH UU"23' 413" WEST 669.4.1 FLET TO THE POINTOF BEGINNING. WARRANTY DEED FOR VALUE RECEIVED, KENAI PARTNERS, L.L.C., an Idaho limited liability company, Grantor, does hereby BARGAIN, SELL and CONVEY unto MARTY GOLDSMITH, an unmarried person, GRANTEE, whose current address is 4550 W. State Street, Boise, Idaho 83703, the following described premises in Ada County, State of Idaho, more particularly described -,as follows, to wit: See Exhibit "A" attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his successors and assigns forever. And the said G(_:ntor does hereby covenant to and with the said Grantee that it is the owner in fee simple of said premises; that they are free from all encumbrances except current property taxes and assessments, and exceptions as set forth on attached Exhibit "B"; and that Grantor will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed to this Warranty Deed the '�� day of February, 1998. KENAI PARTNERS, L.L.C. By R. CRMG GROVES By ROB . BA WARRANTY DEED - 1 B GutO,R W1rF,_jM 8010`101 U .i VH�f ?� BOISE IO AMERICAN LAND '98 FEB 6 PF) 2 53 FEE ;,�CJEST bF STATE OF IDAHO, ss. County of Ada On this 2 -- day of February, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared R. CRAIG GROVES, GREGORY B. JOHNSON and ROBERT R. BASS, known or identified to me to be the Members in the limited liability company of KENAI PARTNERS, L.L.C., and the Members who subscribed said company name to the foregoing instrument, and acknowledged to me that they executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "N1" JJa,du �Y!+l Us �L �e `6-1c U K, Q : WARRANTY DEED - 2 40 Notary Publj for,ldaho Residing at �dt,,/ a , Idaho Commission expires: EXHIBIT A { PARCEL IA THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOU'T'HWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOU'T'H AND WEST OF THE RIDENBAUGH CANAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89036'28" EAST ALONG THE SEC'T'ION LINE 1341.46 FEET TO A 5/8" IRON PIN MARKING THE EAST 1/16 CORNER AND THE REAL POINT OF BEGINNING; THENCE NORTH 89036'28" WEST 476.36 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 5/8" IRON PIN BEARS SOUTH 89036'28" EAST 90.33 FEET; THENCE ALONG THE CENTER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 56000'00" WEST 290.36 FEET NORTH 5320'36" WEST 340.70 FEET; THENCE 175.70 FEET ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13°25'2111, A RADIUS OF 750.00 FEET, AND A LONG CHORD WHICH BEARS NORTH 46038'06" WEST 175.30 FEET; THENCE NORTH 39055'30" WEST 340.41 FEET TO A POINT ON THE NORTH -SOU'T'H CENTER OF SECTION LINE FROM WHICH A 1/2" IRON PIN BEARS NORTH 00023'48" EAST 63.61 FEET; THENCE DEPARTING THE CENTER OF THE RIDENBAUGH CANAL NORTH 00023'48" EAST ALONG THE CENTER OF SECTION LINE 597.65 FEET TO C -S 1/16 CORNER; 'THENCE CONTINUING NORTH 00023'48" EAST 1338.95 PEET TO THE CENTER OF SECTION 20; THENCE NORTH 89054'48" EAST 1331.73 FEET TO THE C -E 1/16 CORNER; THENCE SOUTH 00011'18" WEST 2689.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: A PARCEL OF LAND BEING A PORTION OF THE SOUTITWEST QUARTER SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIN MARKING THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89036' 17" EAST 866.20 FEET ALONG THE LINE COMMON TO SAID SECTIONS AND THE CENTERLINE OF EAST VICTORY ROAD; THENCE NORTH 1050'03" EAST 25.01 FEET TO AN IRON PIN ON THE NORTH RIGHT OF WAY OF SAID EAST VICTORY ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 1050'03" EAST 350.00 FEET TO AN IRON PIN; THENCE SOUTH 75029'15" EAST 143.45 FEET TO AN RON PIN; THENCE SOUTH 1050'03" WEST 315.00 FEET TO AN IRON PIN ON SAID NORTH RIGHT OF WAY OF EAST VICTORY ROAD; THENCE NORTH 89036'17" WEST 140.00 FEET 'TO THE REAL POINT OF BEGINNING. (CONTINUED) i+ PARCEL OF LAND LOCA'T'ED NORTH ANll EAST OF THE IZIDE14BAUGII CANAL IN THE SOUTHEAST QUAR'TE'R OF THE SOUTHWEST QUAR'T'ER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAIIO, MORE PAR'T'ICULARLY DESCR'BED AS FOLLOWS: COMMENCING AT THE QUAR'T'ER CORNIER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN FROM WHICH THE E1/16 CORNER BEARS SOUTH 89036'2811 EAST 1341 .46 FEET; 'T'HEIICE NORTH 00023'48" EAST 1338.94 FEET TO THE C -S1/16 CORNER AND THE REAL POINT OF DEGINN114G; THENCE SOU'I'II 00023'48" WEST 597.65 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 1/2" IRON IN BEARS NOR'T'H 00023'48" EAST 63.61 FEET; THENCE ALONG 'THE CENTER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NOR'T'H 39055'30" WEST 2.99 FEET; NORTH 52022'24" WEST 242 .50 FEET; NORTH 33035'24" WEST 23.1.60 FEET; THENCE 168.45 FEET ALONG A CURVE TO THE RIGHT, }HAVING A CENTRAL ANGLE OF T2"52' 08" , A RADIUS OF '150.00 FEET, AND A LONG CHORD WHICH BEARS NORTH 27'09'24" WEST 168.10 FLET; 'THENCE NORTH 20043'18" WEST 111.75 FEET 'TO A P01NT ON 'TIIE NORTH BOUNDARY OF THE SOUTHL•'AST QUARTER OF THE SOUTHW:' '1' QUAR'T'ER OF SAID SECTION 20; THENCE DEPART.NG THE CEN'T'ER OF THE RIDENBAUGH CANAL SOUTH 89049'1.1 " EAST 443.62 FEET TO THE POINT OF BEGINNING. PARCEL IC A PARCEL, OF LAND LOCATED SOUTH AND EAST OF THE RIDENBAUGH CANAL IN THE SOUTH HALF OF THE NOR'THEAS'T' QUARTER OF 'TIIE SOU'THWES'T QUAR'T'ER OF SEC'T'ION 2.0, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUN'T'Y, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER COIZI4EIZ COM14014 TO SECTIONS 20 AND 29 'T'OWNSHIP 3 NORTH, RANGE 1 EAST, FROM WHICH THE EI/Jr CORNER BEARS SOUTH 89036'28" EAST 1341.46 FEET; THENCE NORTH 00"2 3' ,18" EAST 1.3'11' . 94 FREss'T TO THE C -S 1./16 CORNER AND THE REAL L'OMT OF BEGIN1111)G; THEIJCN: AL011(; THE SOUTH ll()UNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUAR'T'ER NORTH 89'49'16" WEST 423.113 FLHT TO A FOUND 1/2" IRON PIN AS SHOWN ON RECORD, OF SURVEY 110. 1361, INSTRUMENT 110. 924393i, (RECORD NORTH 89°49'39" WEST 422.40 FEET) ; THENCE GENERALLY ALONG THE EAST BANK OF THE, RIDENBAUGII CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 12006'03' WEST 117.03 I'EET; NORTH 1B"02' 03" EAST 105.00 FEET; NORTH{ 39`02'0311 EAST 322.46 FEET; NORTH 340,13'03" EAST 86.20 FEET; H01ZTH 40022'3311 EAST 174.04 FLET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST QU:,R'T'ER OF THE SOUTHWEST QUAR'T'ER OF SAID SEC'T'ION 20; THENCE SOUTH 89"56' 27" EAST 54.92 FEET TO THE C -M -S1/64 CORNER; 'THENCE SOUTH 00'23'48" WEST 669.47 FEET TO THE POINT' OF BEGINNING. 1. GENERAL TAXES FOR THE YEAR 1998 AND SUBSEQUENT YEARS, WHICH ARE AN ACCRUING LIEN, NOT YET DUE AND PAYABLE. GENERAL TAXES WHICH MAY BE ASSESSED AND EXTENDED ON ANY SUBSEQUENT ROLL FOR THE TAX YEAR 1997 WITH RESPECT TO NEW IMPROVEMENTS AND THE FIRST OCCUPANCY THEREOF DURING 1997 WHICH MAY NOT BE INCLUDED ON THE REGULAR ASSESSMENT ROLL AND WHICH ARE AN ACCRUING LIEN. 2. LIENS, LEVIES, AND ASSESSMENTS OF THE NAMPA MERIDIAN IRRIGATION DISTRICT, AND THE RIGHTS, POWERS, AND EASEMENTS OF SAID DISTRICT AS BY LAW PROVIDED. NO DELINQUENCIES APPEAR OF RECORD IN THE ADA COUNTY RECORDER'S OFFICE. 3. EASEMENT TO IDAHO POWER COMPANY, A CORPORATION, AS SET FORTH IN AN INSTRUMENT RECORDED MARCH 9, 1962, AS INSTRUMENT NO. 523172, RECORDS OF ADA COUNTY, IDAHO. 4. TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN EASEMENT AND AGREEMENT BY AND BETWEEN KENAI PARTNERS, LLC, AND SALLY D. MARTIN, A WIDOW, RECORDED JULY 3, 1997, AS INSTRUMENT NO. 97053229; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO. 97058315, RECORDS OF ADA COUNTY, IDAHO. 5. RIGHT-OF-WAY FOR RIDENBAUGH CANAL AND THE RIGHTS OF ACCESS THERETO FOR MAINTENANCE. 6. RIGHTS-OF-WAY FOR EAGLE AND VICTORY ROADS. 7, SUBJECT TO F A MORTGAGE TO SECURE AN ORIG,GNAL INDEBTEDNESS OF $636 072.00,,.AND ANY OTHER AMOUNTS .AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3 1997, AS INSTRUMENT NO. 97053228; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO'. 97058314, RECORDS OF ADA COUNTY, IDAHO. DATED JUNE 26, 1997. MORTGAGOR: KENAI PARTNERS, LLC, AN IDHAO LIMITED LIABILITY COMPANY MORTGAGEE: SALLY D. MARTIN,A WIDOW WHICH GRANTEE AGREES TO .ASSUME AND PAY I 1 , � ,: i; j. "t d• �J i � + r Itis t,.. , X31 � Iyj 21 ' do hereby convey, rcle<tse,�remtte and forever, yutt clutm unto � a ,t t#, l�, � � f, >t DALE A NIXON', ;Graritee,rti 2555 'S; Eagle Rcad `Meridian, cLaiiti Yi ,. � �? the followtng.descnbed premise , to,wtt The Northeast ;one quarter -of the 1.Southeast one-quarter,'' South of the ;RIDENl3r1UGH :CANAL .in :Sectzon 20, .,Township 3 North, . Range 1.: East.a� Ada County, Idaho ` Together with all and singular the.�tenements hereditamerts'' and appurtenances t}.ereunto.belonging or in anywise appertaining; This deed is intended to convey to the Grantee all of Grantor's right, title and interest in the foregoing real property, and said real property shall become tho.property of .the Grantee as his sole and separate property and in nowise as community property. together with their appttrtetiances. Dated: March 12, 1979. STAT Ii 01 11)AI10, COUNTY 0R Ada On this l,ZVJ day of • March , I`,79 before me, a notary public in and for said State, personally appeared -'EVA NIXON, ,ft knowr� mc�to:�c7ttic person who3e name is � •ribed to'thcr;;ititin instrument, and acknowledged to riteia� L t",'r she executed the same. Eva Nixon STAn, Of lDA110, C(?L�, T), Or �f/. `7-J herby certify that th' • i strume t was dfor record at i the request of �, at )�oclock P' ni., t' minutes past o'clock z this �^ %2d dayof in my office, arra .duly recorded in Book 7 of Deeds at page JOHN 13ASTI Lx -Officio Recor v I R 5; "z z unto aim- tin�,l -4 do hereby convey, a0 , afid;T&ever,,quj 2- DALE -";.1 Meridian, `A N I X ON; r :2 I ddhb§4�.`83:6 the following described premises, to -wit :.e The Northeast'Southeast utheast 6n'e"quarter,. ,one7q:q,r,ter of the :. . 6 .. South 'of the ..RIDFNB Al . UGH . -.'CANAL :..in Sectibn_,20, _Township 3. North, , -Range -Ada" CouhtY,.'. ,,Idaho. hereditamer-ts:' and h ,tenements, Together -with all`:" .. -'-,sjhgulak',t e., and appurtenances'thereunto belonging or in anywise appertaining; deed . is intended to convey to the Grantee all of Grantor's This in the foregoing real property, and right,- title and interest said real property shall become the property of.the ,Grantee .as his sole and sepa:�,ate property,and in nowise as community property. together with their appurtenances. Dated: March 12, 1979. STAIT 01" IDA110, COUNTY ()I' Ada On this 1 Ztt_ day of -March , 1'�7 9 before me, a notary public in and for said State, personally appeared EVA NIXON, n o w r4,.,tj) m e �t o,. Cc lic person whose name is ribed to'the,w4in instrument, and acknowledged to rile (fia�t4 she executed the same. L Eva Nixon S'[WIT Of 11) A I 10, C TY 0F I'llereby certify that ill i stru t for record at the request of at minutes past o'clock t' this dayof 1W in my office, PO duly recorded in Book of Deeds at Page JOHN 13ASTID Ex -Officio Reco -r f NIXON,EVA grantor A... do here Y con b ...... DALE'Gran ee',,­-;,, 5 1 : N I XON Meridian, Iii A 3 6 4 A d I dd the following describe' premism fo-W, jai 4 01Q The Northeast one 7q:aar er;, 6f.,1,thb::...S6utheast. one quarter South- . of theSection: 20 , ,;Township 3 Idaho North, -Range d a` County,,' 1� 7 Together with all ajjd.�, singular%. tenements; e: -enerrfents hereditaments and appurtenances thereunto.belonging or i I n anywise ywise apperta ining; 1. This deed . is . intended to co I nvey to . the Grantee all of Grantor's right, title and interest in the foregoing real property, and said real property shall become thc.property of -.the Grantee as his sole and separate propert I y:and in nowise as community property. together with their appurtenances. Dated: March 12, 1979. STATI, OF IDAHO, COUNTY OF Ada On this 1 2{)__ day of -March , 1)79 before me, a notary public in and for said State, personally appeared EVA NIXON, . ......... I 0mC-4`o-,Ccybc person whose name is : xtr)q)sqribcd 'o'th * c' rwit�in instrument, and acknowledged to he . (1*10) L she executed the same. 1; .: . - ..- - A-r—T, ( . , , I 1. , Eva Nikon STA*ri:OFl1)A1lO,,C- . v—_ 0" Ti �tl .1 $ rume `hereby cCr iry thit t1l, * 't t ��d for record at the request of 6 at minutes past o'clock Y ni., M, _�� .Y. this dayof 2-Pj z )9�� in my office, an:1 duly recorded in Book 17 V. of Deeds at page JOHN 13ASTIDA Lx -Officio Reco3er I DESCRIPTION FOR r PROPOSED THOUSAND SPRINGS SUBDIVISION April 14, 1998 A parcel of land lying in the South 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 20, T.3N., R.1 E., B.M., thence N 89036'44" W 1341.26 feet to the southeast corner of the SW % of the SE %, the REAL POINT OF BEGINNING of this description; Thence N 89036'38" W 476.32 feet to a point on the centerline of the Ridenbaugh Canal; Thence N 56000'00" W 290.36 feet along said centerline to a point; Thence N 53020'36" W 340.70 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 175.65 feet, said curve having a radius of 750.00 feet, a central angle of 13125'06", tangents of 88.23 feet, and a long chord which bears N 46038'03" W 175.24 feet to a point of tangency; Thence N 39055'30" W 343.40 feet along said centerline to a point; Thence N 52022'24" W 242.50 feet along said centerline to a point; Thence N 33°35'24" W 233.60 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 168.45 feet, said curve having a radius of 750.00 feet, a central angle of 12152'06", tangents of 84.58 feet, and a long chord which bears N 27°09'21" W 168.09 feet; Thence N 20043'18" W 111.74 feet along said centerline to a point; Thence S 89°49'11" E 20.42 feet to a point; Thence N 12006'03" W 117.00 feet to a point; Thence N 18002'03" E 105.00 feet to a point; Thence N 39002'03" E 301.40 feet to the southeast corner of Los Alamitos Park Subdivision No.3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of the Ada County Recorder's Office; Thence continuing N 39002'03" E 21.06 feet along the east boundary of said Los Alamitos Park Subdivision No.3 to a point; Thence N 34043'03" E 86.20 feet along said east boundary to a point; Thence N 40022'33" E 174.04 feet along said east boundary to a point; 980204-tsprings-des Thence S 89°56'27" E.- r.92 feet along said east boundary to a ,pint on the west line of the SE 1/4; Thence N 00023'51" E 669.47 feet to the northeast corner of Los Alamitos Park No.3 Subdivision, said corner also being the northwest corner of the SE % (the center'/4 corner) of said Section 20; Thence N 89054'42" E 1331.62 feet to the northwest corner of the NE % of the SE'/; Thence S 00°11'01" W 118.03 feet along the west line of the NE % of the SE % to a point on the centerline of the Ridenbaugh Canal; Thence S 85056'06" E 560.97 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the left 116.45 feet, said curve having a radius of 200.00 feet, a central angle of 33021'36", tangents of 59.93 feet, and a long chord which bears N 77023'06" E 114.81 feet to a point of tangency; Thence N 60042'18" E 121.50 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 222.33 feet, said curve having a radius of 250.00 feet, a central angle of 50057'18", tangents of 119.12 feet, and a long chord which bears N 86110'57" E 215.08 feet to a point of tangency; Thence S 68020'24" E 339.40 feet along said centerline to a point on the westerly right of way of S. Eagle Road; Thence S 00000'14" E 1163.70 feet along said westerly right of way to a point on the south line of the NE % of the SE Y4; Thence N 89050'56" W 1311.61 feet to the southwest corner of the NE % of the SE 1/4; Thence S 00°11'31" W 1344.49 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 121.227 acres more or less. Michael E. Marks, P.L.S. No. 4998 980204-tsprings-des STATE OF IDAHO ) COUNTY OF ADA ) ss AFFIDAVIT OF POSTING I, Becky L. Bowcutt, (Briggs Engineering Inc.) 1111 S. Orchard Suite 600 (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, variance and preliminary plat. Dated this day of , 19 7 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. solve#% ti .•• °•:� Notary Public for Idaho Residing at 15q sG , Lo B LIG ' r • ° MWOOV • 980204\affid-posting My Commission Expires: Mm 2, Zoon 1 AFFIDAVIT OF ACCURACY STATE OF IDAHO ) ss COUNTY OF ADA ) I, Becky L Bowcutt (Briggs Engineering Inc) 1111 S. Orchard Suite 600 (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. 7'� Dated this �� day of'�` (Signature) 19 4a SUBSCRIBED ANA SWORN to before me the day and year first above written. ° °rrrrrrise� J—ygZ \\�.l-s ELCs V AN '... •°s" l Notary Public for Idaho ♦ r ° Residing at ZotSh , (D 0 My Commission Expires: MV U LZ coos 'o o6�Q f .j+ 980204\a ffi d -accuracy (2 w (S2 S� (O �2 (S) (S2 S2 S2 ((I/2 ((2 A .Z1 ;O ;U ig i, A m x x ;u iD iD O m A A 0 ;u w 0 W S2 S2 wN�����ww�����(Ach� - y W W W W W w w w w w w W W W w w w w w W j N N N N N N N N N N N N N N N W W W N N W W W W W W W W W W W W W w W w W N W N N N N N NN (O W fD O ( o(,ff� {o AO p 0 0 0 0 0 0 0 p O 0 000 0 00 222222 0 00 222220 0 N 0 00 W W N N N N N N N> N N W A F A W A. 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T. m w w W w w w w w w w w w w W 00000 w w ccc ccccccccacccccccc c wwwii wwcowwmmouwwwwwwmww a) 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 May 12, 1998, for the purpose of reviewing and considering the application of Farwest Developers and Marty Goldsmtih, for a rezone of approximately 121.2 acres of land located in the SE '/4 Section 20, T.3N., RAE., Boise Meridian, Ada County, Idaho, and which property is generally located north of Victory and west of Eagle Road. The application requests a rezone from RT to R-4 A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of April, 1998. WILLIAM G. BERG, JR., I CLERK itMIilr�'���, Of PUBLISH April 24 and May 8, 1998.SHiAL d Y -FbT "Hub of Treasure Valley" 3" Idaho Meridil Idaho 83642 88BA433 •r' . Customer s Order No, Date Name curwe.3♦ LLC Address 4,5SO w' -BciSe I A. ' M70 Phone: 33$ -970% SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT DESCRIPTION F I inq FeeS P P 17t� I/plo-+,mrionce hhn . ZOE7 l . -For ►evSct rtcj springs 1 i l I l -00 l i 1 l I 1 i l l I 1 i 1 l i 1 1 All claims and returned goods MUST be accompanied by this bill. TAX . l 0090 2 Received TOTAL PRINTED PRINTED WITH C` V PRINTED IN U.S.A. SOYINK„ �� IDAHO INDEPENDENT BANK 92-373 050.89 C O v J Q Q FARWEST LLC 9TH AND JEFFERSON BRANCH 1231 J 4550 WEST STATE STREET BOISE, IDAHO 83702 BOISE, IDAHO 83703 (208) 338-9708@ME6 0, 04-1.6-98 6468.76 DATE AMOUNT PAY SIX THOUSAND FOUR,HUNDRED SIXTYEIGHT & TO THE ORDER Or CITY OF MERIDIAN MEMO: PLAT FEE, VARIANCE, NOTICE 111.00 5018 911' 1: L 2 3 10 3 7 3 21:0 30000 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live `F M"'RIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE: MAY 12, 1998 REQUEST: REZONE FROM RT TO R-4 OF SE'/4 SECTION 20 T. 3N. RAE. BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: ** TX CONFIRMAI..,d REPORT DATE TIME TO/FROM 05 04/21 13:05 208 888 1097 AS OF APR 21 _ ;3:05 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'29" 001 227 OK 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 May 12, 1998, for the purpose of reviewing and considering the application of Farwest Developers and Marty Goldsmtih, for a rezone of approximately 121.2 acres of land located in the SE 1/a Section 20, T.3N., RAE., Boise Meridian, Ada County, Idaho, and which property is generally located north of Victory and west of Eagle Road. The application requests a rezone ltt7ii1�1�>�! A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of April, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH April 24 and May 8, 1998. RECJPAE-e- SU -EST OF aVIQ t' 1VAR;00 30?Sr, Fi :n,E , 1998 OC 29 PM 1:� 98 1 0 7an CITY OF MERIDIAN ORDINANCE NO. 8o6 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land lying in the South YZ of Section 20, Township 3 North, Range East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 20, T. 3N., R. 1 E., B.M., thence N. 89036'44" W. 1341.26 feet to the southeast corner of the SW Y4 of the SE %, the REAL POINT OF BEGINNING of this description; Thence N. 89136'38" W. 476.32 feet to a point on the centerline of the Ridenbaugh Canal; THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE 1 OF 121.897 ACRES TO R-4 'f f Thence N. 56000'00" W. 290.36 feet along said centerline to a point; Thence N. 53020'36" W. 340.70 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 175.65 feet, said curve having a radius of 750.00 feet, a central angle of 13025'06", tangents of 88.23 feet, and a long chord which bears N. 46138'03" W. 175.24 feet to a point of tangency, Thence N. 39055'30" W. 343.40 feet along said centerline to a point; Thence N. 5202224" W. 242.50 feet along said centerline to a point; Thence N. 33135'24"W. 233.60 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 168.45 feet, said curve having a radius of 750.00 feet, a central angle of 12052'06", tangents of 84.58 feet, and a long chord which bears N. 27°09'21" W. 168.09 feet; Thence N. 20043'18"W. 111.74 feet along said centerline to a point; Thence S. 89°49'11" E. 20.42 feet to a point; Thence N. 12106'03" W. 117.00 feet to a point; Thence N. 181102'03" E. 105.00 feet to a point; Thence N. 39102'03" E. 301.40 feet to the southeast corner of Los Alamitos Park Subdivision No. 3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of Ada County Recorder's Office; Thence continuing N. 39002'03" E. 21.06 feet along the east boundary of said Los Alamitos Park Subdivision No. 3 to a point; Thence N. 34143'03" E. 86.20 feet along said east boundary to a point; Thence N. 40022'33" E. 174.04 feet along said east boundary to a point; Thence S 8915627" E. 54.92 feet along said east boundary to a point on the west line of the SE'/; Thence N. 00°23'51" E. 669.47 feet to the northeast corner of Los Alamitos Park No. 3 Subdivision, said corner also being the northwest corner of the SE % (the center Y4 corner) of said Section 20; THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE 2 OF 121.897 ACRES TO R-4 Thence N. 89°54'42" E. 1331.62 feet to the northwest corner of the NE % of the SE Thence S. 00011'01" W. 118.03 feet along the west line of the NE % of the SE % to a point on the centerline of the Ridenbaugh Canal; Thence S. 85056'06" E. 560.97 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the left 116.45 feet, said curve having a radius of 200.00 feet, a central angle of 33021'36", tangents of 59.93 feet, and a long chord which bears N. 77123'06" E. 114.81 feet to a point of tangency; Thence N. 60042'18" E. 121.50 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 222.33 feet, said curve having a radius of 250.00 feet, a central angle of 50057'18" tangents of 119.12 feet, and a long chord which bears N. 86010'57" E. 215.08 feet to a point of tangency; Thence S. 68020'24" E 366.30 feet along said centerline to a point on the east line of the NE % of the SE 1/4; Thence S. 00000'14" E. 1153.84 feet to the southeast corner of the NE % of the SE Thence N. 89050'56" W. 1336.61 feet to the southwest corner of the NE 1/ of the SE 1/4; Thence S. 00°11'31" W. 1344.49 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 121.892 acres more ore less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE 3 OF 121.897 ACRES TO R-4 maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 nt� day of Oc�6e� , 1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20 -LA day of C74p bel- , 1998. 4 OR ATTEST: CITY CLERK 082598 -- Final 0�1 Or- $.L. THOUSAND SPRINGS/FARWES6,40RDINANCE OF 121.897 ACRES TO R-4 0111111111 , ,�`� 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 906 , passed by the City Council of the City of Meridian, on the 20 day of 6'�-6-ef August, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the ft Clerk of the City of Meridian. CK- WILLILAM G. BERG, JR SPAL7 STATE OF IDAN9jj County of Ada, ) On thi �� day of A"gtmt, in the year 1998, before me, C\,� Q a Notary Public, appeared WIILLIA G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (S'•.J' '•y otaryublic W Idaho / �OT`�' t Commission Expires: Ell i ° AUBL1611'• •••• •••� O ,,' ,E O ttnnnwrri CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN -.j I 1A 1 1. Z --- ------- 4, U ; 1 (A ro S•+ rn .10 k II if i -.j I 1A 1 1. Z --- ------- 4, U ; 1 (A ro S•+ rn .10 k Meridian City Council Meeting April 20, 1999 Page 17 Rountree: I have none unless the applicant wants to reaffirm the comments made by Planning and Zoning. Corrie: Is the representative from Thousand Springs NoA here this evening. Becky, any comments? Let the record show she has no comments on the final plat for Thousand Springs No. 4 Subdivision by Becky Bowcutt. Rountree: Mr. Mayor I would move that we approve the final plat for Thousand Springs No. 4 Subdivision subject to staff conditions. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve item number 17 final plat for Thousand Springs No. 4 Subdivision subject to conditions. Any further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 1�8. DISCUSSION OF THOUSAND SPRINGS DEVELOPMENT AGREEMENT BY FARWEST LLC: Corrie: I guess if I'm not mistaken this was on the development agreement; is that correct? Who would like to do the discussion? Becky to comment? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 W. Overland. Just to quickly refresh your memory, we had a couple of items in the development agreement prepared by Mr. Gigray that were modified during processing of the preliminary plat. The minutes were sent to Mr. Gigray. He did make some revisions, sent them over to your staff for review, we've received them, reviewed them. Everything appears to be in order and I believe Will has a signed development agreement so we're ready to put this one to rest. So we j.ust need you to consent so we can get it recorded. Thank you. Corrie: Staff any comments? Gigray: Mr. Mayor and members of the Council I would just add that we have had this reviewed by staff for purposes of accuracy at the request given the minutes and that was one of the things we wanted to do and we've received everybody's approval and I appreciate Becky working on this with us and I think we've got this resolved. Corrie: Any other comments from Council? I need evidently the approval of the development agreement by Farwest LLC. Bird: Mr. Mayor I move that we approve the development agreement with Farwest LLC on the Thousand Springs development. Anderson: Second, Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the Thousand Springs development agreement by Farwest LLC. Any further discussion? All those in favor of the motion say aye. Meridian City Council Meeting April 20, 1999 Page 18 MOTION CARRIED: ALL AYES. 19A. FINAL PLAT FOR HAVEN COVE NO. 9 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC — NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: Corrie: I'll begin with staff comments. Anybody on the staff comments? Any comment from the Haven Cove people would like to comment on this one? Read all the conditions? SANDRA GABICA, PACIFIC LAND SURVEYORS, 1295 SOUTH EAGLE FLIGHT WAY, BOISE, IDAHO Gabica: We received these comments from the staff and have no problem with any of the comments. Corrie: Thank you. Any other comments from Council? Hearing none, I'll entertain a motion on item number 19A final plat for Haven Cove No. 9. Bentley: Mr. Mayor I move we approve the final plat for Haven Cove No. 9 subject to staff comments and conditions. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the final plat for Haven Cove No. 9 subject to staff conditions. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Gigray: Mr. Mayor point of information. Are the comments because I prepare the order for final plat subject to conditions. Are these the comments of April 19th, 1999? I just want to make sure I'm referring to the right document. Corrie: Yes, that's correct. Good point. Hawkins -Clark: I would mention Bill that PLS did have written response to staff comment that probably did not get in the Council packets, but they were submitted tonight and I do have copies. The copies are here so I'll get those to you Bill written comments to both Haven Cove 9 and 10. Corrie: 9 and 10? 19B. FINAL PLAT FOR HAVEN COVE NO. 10 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC — NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: Corrie: Staff you made comments for number 10 and the applicant has agreed and seen the comments? All right. Any further comments from the Council? I'll entertain a motion on 19B final plat for Haven Cove No. 10. to this Ag herein. Tl / and by this reference incorporated marked Exhibit B) 1 S`� are herein identified as Meridian, E i�g�Eagle Road and A �.QQ*, job number 9646 sheet SS -2.1 of site and Idaho, Building data 6/98; and 1 8 WHEREAS, City Counc, the 15th day of September, 1998, has approved il lusions of Laorder certain Findings of Fact and Conca this referenceon, set forth in Exhibit C, which are attached hereto an y incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.9 WHEREAS, the "Findings" require the DEVELOPER VE Council ER enter action on � 00. development agreement before the City annexation and zoning designation; and EREAS, DEVELOPER deems it to be in itsb s interest ri ale to enter into this Agreement and acknowledges that �y entered into voluntarily and at its urging and requests; and WHEREAS, CITY requires the DEVELOPER t 99 Pro ter into developed development 1.11 �Nr purpose of ensuring that the p rty agreement for the pure » is in accordance with the terms and the subsequent use of the "Property agreement) herein been established as conditions of this development aSY'ethe proceedings for a result of evidence received by the City in p desi ation from government subdivisions annexation and zoning gn urisdiction and from affected providing services within the planning j ning designation is in property owners and to ensure theyannexation e City of Meridian adopted accordance with the Comprehensive 4, 1994, and the Zoning and December 21, 1993, Ordinance #629, January velo ment Ordinance codified in Title 11 Municipal Code of the City De p of Meridian. RE in consideration of the covenants and conditions set forth herein, NOW, THEREFO , the parties agree as follows: 2. T ORPORATION OF RECITAL are incorporated 2.1 That the above recitals are contractual and binding and herein as if set forth in full. PAGE DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING 2 Meridian City Council August 18, 1998 Page 9 Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the preliminary plat subject to staff reports. Yes, I'm thinking of two things here. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 9: TABLED AUGUST 4,1998: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING O F121.897 ACRES FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH O F VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the amended Findings of Facts in front of you. Any questions? Rountree: I have none. Corrie: I will entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Prior: Mr. Mayor, if I may. I need to point out to the council that I did make one slight typo. It's on page 12. 1 made reference to Highlands Ranch and it needs to be make reference to the correct subdivision on this thing. Just by interlineation if we could make that change. That would be page 12 at the bottom. It was a long week. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Findings of Facts with the amendment on page 12 to reflect the Thousand Springs Subdivision. Bentley: Second. Corrie: Second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the correction of item A on page 12. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Meridian City Council August 18, 1998 Page 10 Rountree: Mr. Mayor, I move that the Meridian City Council hereby approves the annexation and zoning as stated in the conclusions for the property described in the application with conditions set forth in the Findings of Fact and Conclusions of Law and that the application be specifically required to meet all the ordinances of the City of Meridian and conditions of these Findings and Conclusions and that if the conditions are not met that the property be deannexed. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion of decision and recommendation. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Bentley: I would move we instruct the city attorney to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we have the attorney draw up an annexation and zoning ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSION OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS — NORTH OF VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the request in front of you. What is your pleasure? (Inaudible) Smith: Mr. Mayor, can I ask a question. When I was reading the Findings, it talks about the block length. There was a request also to not pipe the Ridenaugh. Was that to be included. Corrie: That should have been included. Is it included in here Gary? Prior: No. My understanding is that they weren'k- going to do that. Did I misunderstand, Becky? You weren't piping the Ridenbaugh were you? $f, RESOLUTION NO 2 © / BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", CITY OF MERIDIAN, GRANTOR BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with FARWEST DEVELOPERS., an Idaho Company, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with FARWEST DEVELOPERS, an Idaho Company, entitled "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FARWEST DEVELOPERS / THOUSAND SPRINGS SUBDIVISION PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2ot6day of 11998. APPROVED BY THE MAYOR OF THE IDAHO, this 20 '�� day of ATTEST: CLERK CITY OF MERIDIAN, OR , 1998. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FARWEST DEVELOPERS / THOUSAND SPRINGS SUBDIVISION CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 2d, -Lk day of OcA� 2- 1998, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", CITY OF MERIDIAN, GRANTOR BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with FARWEST DEVELOPERS, an Idaho Company denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I . The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with FARWEST DEVELOPERS, an Idaho Company, entitled "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ,O;ty�ttt#tt#TF1)J�ff of F� y4 �, SM ILLILAM G. BERG, JR. 7 151 STATE OF IDAHO,`,�,` �t $'tits\\\V County of Ada, ) O this b day of �l , in the year 1998, before me, a Notary Public, appeared WIILLIAN G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ee'"%4421scoce�a,� �yOTARY i w �� 1' U3 LZG °: o♦ �� o° oo Q � ood,♦O� � � Sege �Qonurrr►� CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Notary Aublic r Idaho Commission Expires: 1 �a- 2 MERIDIAN CITY COUNCIL MEETING: OCTOBER 20 1998 APPLICANT: FARWES i ®EVEL®PERS ITEM NUMBER: 10 Mr- l Ir -0-r. ...- cn® Yuni mAkin coomi-m AGENCY:'` CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER:''' US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 9j, COMMENTS SEE ATTACHED ORDINANCE All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 1 1998 APPLICANT: ITEM NUMBER: 4 REQUEST: ORDINANCE #801 —THOUSAND SPRINGS/ FARWEST ANNEXATION AND ZONING AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 8/18/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED ORDINANCE i dt%aF � W9 All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council August 18, 1998 Page 9 Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the preliminary plat subject to staff reports. Yes, I'm thinking of two things here. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 9: TABLED AUGUST 4,1998: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING O F121.897 ACRES FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH O F VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the amended Findings of Facts in front of you. Any questions? Rountree: 1 have none. Corrie: I will entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Prior: Mr. Mayor, if I may. I need to point out to the council that I did make one slight typo. It's on page 12. 1 made reference to Highlands Ranch and it needs to be make reference to the correct subdivision on this thing. Just by interlineation if we could make that change. That would be page 12 at the bottom. It was a long week. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Findings of Facts with the amendment on page 12 to reflect the Thousand Springs Subdivision. Bentley: Second. Corrie: Second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the correction of item A on page 12. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Meridian City Council August 18, 1998 Page 10 Rountree: Mr. Mayor, I move that the Meridian City Council hereby approves the annexation and zoning as stated in the conclusions for the property described in the application with conditions set forth in the Findings of Fact and Conclusions of Law and that the application be specifically required to meet all the ordinances of the City of Meridian and conditions of these Findings and Conclusions and that if the conditions are not met that the property be deannexed. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion of decision and recommendation. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Bentley: I would move we instruct the city attorney to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we have the attorney draw up an annexation and zoning ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSION OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS — NORTH OF VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the request in front of you. What is your pleasure? (Inaudible) Smith: Mr. Mayor, can I ask a question. When I was reading the Findings, it talks about the block length. There was a request also to not pipe the Ridenaugh. Was that to be included. Corrie: That should have been included. Is it included in here Gary? Prior: No. My understanding is that they weren't going to do that. Did I misunderstand, Becky? You weren't piping the Ridenbaugh were you? R,ECOR EQj ADA C00TY RECORDER- J, ECORDER J. 0AVI13 14AVARR0,�q� �E� 2 DEPUTY �r1{?.i'0 / DEVELOP NT AGREE 1 1399 AP 29 Ptd I I oQ 8 � THIS DEVELOPMENT AGREEMENT (this "Agreerfient" , is made and entered into this /qf^ day of Api-d , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FARWEST, LLC, a Limited Liability Company, hereinafter called "DEVELOPER", whose address is 4550 W. State Street, Boise, Idaho 83703. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and requested a designation of Low Density Residential District (R-4) City Zone, 11-2- 408B (3) (Municipal Code of the City of Meridian); and 1.5 WHEREAS, DEVELOPER made some representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received testimony and comment in favor of the proposed development, and opposed with concerns being the compatibility of the proposed development with neighboring properties; and 1.7 WHEREAS, a request was made to the CITY to have the same annexed to said CITY, and zoned, and the DEVELOPER has submitted to the CITY a "Plat" thereof which has been approved for annexation by the CITY and as part of the annexation and zoning the CITY adopted and approved DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION Findings of Fact and Conclusions of Law; (a correct copy of which are attached to this Agreement marked Exhibit B) and by this reference incorporated herein. The "Plat" is herein identified as Thousand Springs Subdivision, North of Victory and West of Eagle Road, Briggs Engineering, Inc., DWG date 04/16/98 RLS, DWG No. 980204 -PRE, Sheet 1 of 1 PRE, and revised DWG date 07/08/98 RIS, DWG No. 980204-PRE2, Sheet 1 of 1 PRE2 and for Phase One: date 10/14/98, 980204, Sheet 1 of 2; and 1.8 WHEREAS, City Council, the 21" day of July, 1998, has approved certain Findings of Fact and Conclusions of Law and order of decision, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.9 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.10 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.11 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure the annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Low Density Residential District (R-4) codified at section 11-2-408 B (3) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: 4.1 DEVELOPER has submitted to CITY an application for residential Plat approval under the "Subdivision and Development Ordinance" of the City of Meridian, and shall be required to obtain the City's approval thereof, in accordance with said ordinance criteria, therein provided, prior to and as a condition of the commencement of construction of any building or improvements on the property. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainence of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" ("Improvement Plans") showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated within the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 5.1.2 Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION 5.1.3 That the property zoned R-4, described in Exhibit "A", shall have lot sizes of at least Eight Thousand (8,000) square feet, which is the size presented at the City hearings, and shall meet all of the requirements of the R-4 zone including a minimum house size of Fourteen Hundred (1,400) square feet, and have no duplex units, townhouses, or patio homes constructed on said property 5.1.4 That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 5.1.5 That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street surfacing, street signs, and barricades as well as any and all other improvements shown the Improvement Plans as reviewed and approved by the CITY. 5.1.6 That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 5.1.7 That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 5.1.8 That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional DEVELOPMENT AGREEMENT PAGE 4 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION Engineer in charge of the work, that said Plans of the various improvements are true and correct. 5.1.9 That DEVELOPER shall, immediately upon the completion of each of the two phases of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 5.1.10 That CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 5.1.11 That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 5.1.12 That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit `B" attached hereto and by this reference made a part hereof with the exception and modification of the Site Specific comments for f., j. and l., found at pages 8 and 9 of said Exhibit `B" to read and to provide as follows: f. The required six (6) foot high permanent perimeter fencing need only be non-combustible along the Ridenbaugh Canal. j. While the DEVELOPER is required to bond for the vehicular bridge constructed across the Ridenbaugh Canal, upon filing with the Ada County Highway District the appropriate acceptable bond, the issuance of building permits or occupancy permits shall not be withheld. k. The applicant's proposed 50 foot wide streets with the 4 foot wide planting strip and 2 %2 feet of sidewalk on each DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION side of the street, as shown on the developer's construction plans already approved by Meridian City Engineer with respect to Phases 1, 2 and subject to approval on future phases, is acceptable. and agrees to construct a perimeter fence around construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 5.1.13 That DEVELOPER agrees that those portions of the water main, as identified in Exhibit `B" hereto, including any water line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development. That sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements separately or at a later time, DEVLEOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 5.1.14 That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION 5.2. No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 6. INSPECTION: 6.1 DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD / CONSENT TO REZONE: 7.1 This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years of each phase, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time per phase for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. REQUIREMENT FOR RECORDATION: 8.1 CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION 9.1 CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION 11.3 DEVELOPER agrees that no Certificates of Occupancy will be issued for any building or use on a lot until all improvements have been installed, completed and accepted by the CITY for any phase. 11.4 That DEVELOPER agrees, that upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvements, or improvements, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank N.A. plus five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Findings set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 11.5 That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such phase and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity including, but not limited to, the right of appeal to a court of competent jurisdiction. 11.6 DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank N.A., plus five percent (5%) per annum, until paid. 11.7 In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho 12. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer Farwest, L.L.0 City of Meridian City 4550 W. State Street 33 E. Idaho Ave. Boise, Idaho 83703 Meridian, ID 83642 with copy to: with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT PAGE 10 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 16. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 17. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 18. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 11 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION V ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. FARWEST, L.L.C. �— BY: MARTV GOLDSMITH MANAGING MEMBER CITY OF MERIDIAN ttttttf111flffttif1/11t ATTEST: *```•� Of �4 r� w kCLERK - S� BY RESOLUTION NO. ,�cP00 90� r vxl . STATE OF IDAHO ) :ss COUNTY OF AD ) On this day of , in the year 1999, before me, nUX0 n or identified to m , a Notary Public, personally appeared MARTY GOLDSMITH, know e to be the Managing Partner of said corporation, who executed the instrument or the person that executed the instrument on behalf of said corporation, FARWEST L.L.C., and acknowledge to me that such corporation executed the same. DEVELOPMENT AGREEMENT PAGE 12 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) W NOTARY PUBLIC F IDAHO, RESIDING AT: MY COMMISSION EXPIRES: :ss COUNTY OF ADA ) #.d On this day of in the year 1999, before me a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,`l'1eo11iecico°se . (SEAL) J���al,l Fd9,'aL'�• Y PUBLIC FOR IDAHO DING AT: yzCr;'-I"dn COMMISSION EXPIRES: Od v,a/q9 DEVELOPMENT AGREEMENT PAGE 13 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION PAGE 14 A parcel of land lying in the South '/Z of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 20, T. 3N., R. 1 E., B.M., thence N. 89036'44" W. 1341.26 feet to the southeast corner of the SW '/4 of the SE '/4, the REAL POINT OF BEGINNING of this description; Thence N. 891036'38" W. 476.32 feet to a point on the centerline of the Ridenbaugh Canal; Thence N. 56000'00" W. 290.36 feet along said centerline to a point; Thence N. 531320'36" W. 340.70 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 175.65 feet, said curve having a radius of 750.00 feet, a central angle of 13025'06", tangents of 88.23 feet, and a long chord which bears N. 46°38'03" W. 175.24 feet to a point of tangency, Thence N. 39055'30" W. 343.40 feet along said centerline to a point; Thence N. 52°2224" W. 242.50 feet along said centerline to a point; Thence N. 33°3524" W. 233.60 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 168.45 feet, said curve having a radius of 750.00 feet, a central angle of 12°52'06", tangents of 84.58 feet, and a long chord which bears N. 27109'21" W. 168.09 feet; Thence N. 20043'18" W. 111.74 feet along said centerline to a point; Thence S. 89°49'11" E. 20.42 feet to a point; Thence N. 12006'03" W. 117.00 feet to a point; Thence N. 18102'03" E. 105.00 feet to a point; Thence N. 39102'03" E. 301.40 feet to the southeast comer of Los Alamitos Park Subdivision No. 3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of Ada County Recorder's Office; Thence continuing N. 391102'03" E. 21.06 feet along the east boundary of said Los Alamitos Park Subdivision No. 3 to a point; Thence N. 34043'03" E. 86.20 feet along said east boundary to a point; Thence N. 40022'33" E. 174.04 feet along said east boundary to a point; Thence S 89056'27" E. 54.92 feet along said east boundary to a point on the west line of the SE 1/4; Thence N. 00123'51" E. 669.47 feet to the northeast corner of Los Alamitos Park No. 3 Subdivision, said corner also being the northwest corner of the SE 1/4 (the center 1/4 corner) of said Section 20; Thence N. 8915442" E. 1331.62 feet to the northwest corner of the NE 1/4 of the SE 1/4 i Thence S. 00011'01" W. 118.03 feet along the west line of the NE 1/4 of the SE 1/4 to a point on the centerline of the Ridenbaugh Canal; Thence S. 85056'06" E. 560.97 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the left 116.45 feet, said curve having a radius of 200.00 feet, a central angle of 331121'36", tangents of 59.93 feet, and a long chord which bears N. 77°23'06" E. 114.81 feet to a point of tangency; Thence N. 60142'18" E. 121.50 feet along said centerline to a point of curvature; Thence along said centerline along a curve to the right 222.33 feet, said curve having a radius of 250.00 feet, a central angle of 50157'18" tangents of 119.12 feet, and a long chord which bears N. 86110'57" E. 215.08 feet to a point of tangency; Thence S. 68120'24" E 366.30 feet along said centerline to a point on the east line of the NE % of the SE 1/4; Thence S. 00000'14" E. 1153.84 feet to the southeast corner of the NE 1/4 of the SE 1/4• i Thence N. 89150'56" W. 1336.61 feet to the southwest corner of the NE 1/ of the SE %4; Thence S. 00°11'31" W. 1344.49 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 121.892 acres more ore less. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval msg/Z:\Work\M\Meridian 15360M\Agreement\FARWEST THOUSAND SPRINGS DEVELOPMENT AGREEMENT.doc DEVELOPMENT AGREEMENT PAGE 15 FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION E BEFORE THE MERIDIAN CITY COUNCIL CITY OF MERIDIAN FARWEST DEVELOPERS & MARTY GOLDSMITH ANNEXATION AND ZONING NORTH OF VICTORY AND WEST OF EAGLE ROAD SE'/4 SECTION 20, T. 3N., R. 1E. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above' entitled annexation and zoning application having come on for consideration on May 12, 1998, and July 14, 1998, hearings, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's Representative, Becky Bowcutt, appearing in person, and having duly considered the matter, the Planning and Zoning Commission made a recommendation of approval. The above entitled annexation and zoning application having come on for consideration on August 4, 1998 at the hour of 7:00 o'clock p.m. on said date , at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council having heard and taken written and oral testimony and the Applicant's Representative, Becky Bowcutt, appearing in person, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW — 1 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearings scheduled for May 12, 1998, and July 14, 1998 before the Planning and Zoning Commission and for August 4,1998 before the Meridian City Council, the first publication of which was fifteen (15) days prior to said hearings; that the matter was duly considered at the May 12, 1998, and July 14, 1998, hearings before the Planning and Zoning Commission and at the August 4,1998 hearing before the Meridian City Council, that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; the property is approximately 121.227 acres in size; it is in the Southeast 1/4 Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Thousand FINDINGS OF FACT AND CONCLUSIONS OF LAW — 2 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING i Springs Subdivision will be an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Marty Goldsmith, is the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service 'Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential. 10. That the property can be serviced with City water. 11. That the public testimony given at the hearing before the Planning and Zoning Commission was as follows. 12. Becky Bowcutt was sworn in by the Assistant City Attorney. She noted that the application was for annexation and zoning. Specifically, zoning the property from Ada County's R -T designation of Rural Transition to Meridian's R-4, which is a low density residential zone. The request is for annexation of 121.227 acres. Mrs. Bowcutt noted that the developer is Farwest, who developed Los Alamitos and Salmon Rapids. She noted that notification was sent to all neighbors within 300 feet of the project. She noted that sometime in February or March the developer held a meeting with adjacent homeowners to discuss their concerns. The developer tried to FINDINGS OF FACT AND CONCLUSIONS OF LAW — 3 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING i' t incorporate their concerns in planning the development. She noted that one request incorporated was the relocation of the main entrance, so it aligned with Gurdner Lane. She also noted that a fire station would be developed on the southern corner of the development. She noted that the Martimer Family Trust requested that the right to farm clause be incorporated into the final plat. She noted that city sewer and water was available through either Sherbrooke Subdivision or through Los Alamitos. She noted that Thousand Springs will fund the other'/2 of a pedestrian bridge which originated at the Sherbrooke development. Further, the Ridenbaugh Canal will have a vehicular connection into Three Bars Drive. Further, Mrs. Bowcutt noted that there was acreage set aside for part of the land needed for a future school and park site. 13. Commissioner Johnson inquired about the length of the longest cul-de- sac. Mrs. Bowcutt noted that the longest cul-de-sac was 450 feet. Mrs. Bowcutt noted that another feature is the use of detached sidewalks within the project. She noted that they would be four feet from the back of the curb. This would be done to create a boulevard effect. She noted that Meridian staffs preference was to expand the right- of-way to incorporate the detached sidewalk. She noted that the developer's preference would be to leave the right-of-way at 50 feet and have the sidewalk on an easement. 14. Commissioner Borup inquired about adjacent land that was deeded to the City as part of the future school and park site. Mrs. Bowcutt noted that a prior FINDINGS OF FACT AND CONCLUSIONS OF LAW — 4 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING development provided part of a school site to the City of Meridian for future use. Commissioner Borup also expressed his concern that the detached sidewalk only left an 18 foot setback from the sidewalk. 15. Commissioner Maccoy inquired about the well site location. Mrs. Bowcutt noted that the best location for the site would be along the Eagle Road corridor. 16. Commissioner Maccoy inquired about the location and sizing of the fire house. Mrs. Bowcutt noted that the decision was based on past experience with Whitney Fire District. 17. Commissioner Smith inquired about the school site, particularly how much did the City pay for it. Mrs. Bowcutt noted that "For the record, the property for the fire station, the property for the well lot, and the property for the future school and park site are gifts to the City. 18. Commissioner Smith inquired about the design of the homes. Mrs. Bowcutt noted that the design of the homes would be consistent with Salmon Rapids and Los Alamitos. 19. Marvin Hanson was sworn in by the Assistant City Attorney. Mr. Hanson noted that his home is adjacent to the development along the canal. He requested that the homes along the canal be limited to single story and that large trees be planted to provide a buffer between his property and the development. 20. Gordon Harris was sworn in by the Assistant City Attorney. Mr. Harris requested that the sewer connection go through the development close to his property FINDINGS OF FACT AND CONCLUSIONS OF LAW — 5 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING residence, East Sleep Creek near Molly's Way to allow him access to the sewer. 21. Ruth Fritts was sworn in by the Assistant City Attorney. She noted that her property borders the Ridenbaugh Canal. She noted that Sherbrooke Hollow Subdivision has agreed to limit the homes that border her property to single level homes. She noted that her home sits about 175 to 200 feet off of Victory Road. She believes if the homes adjacent to her property were two story homes it would cut off her view of Bogus Basin and interfere with her television reception. Mrs. Fritts noted that since Los Alamitos Subdivision was developed, dogs have entered into their pasture and have harrassed their own dog and cattle. She noted that car and pedestrian traffic has increased along the Ridenbaugh Canal. She was also concerned about the increase in traffic along Victory Road and Eagle Road. Mrs. Fritts noted that she moved out to that location to live in the country and she expressed her displeasure with the increase in subdivisions in the area. 22. Mr. Gary Allen was sworn in by the Assistant City Attorney. Mr. Allen noted that he was hired as legal counsel for the property north of the Ridenbaugh Canal, owned by Mr. Jim Griffith. He noted he's not in support of or opposed to the subdivision. He was there to gather information to inform his client about potential future development options. 23. Mr. Bob Fritts was sworn in by the Assistant City Attorney. Mr. Fritts noted that he was concerned about the increase traffic volume this development will bring along Victory Road. He feels there are serious safety issues if this development FINDINGS OF FACT AND CONCLUSIONS OF LAW — 6 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING was to go forward. 24. Nancy Hanson was sworn in by the Assistant City Attorney. Mrs. Hanson noted that she did not believe this subdivision was in keeping with Meridian's long range plans for development. She felt that going from 121 acres with two houses to the same acreage with 330 houses is a major change to the area. She felt the development wold adversely impact the surrounding area. She felt the new subdivision would have an impact on the school system, roads, police, water and sewer. She inquired whether the Commission considered the impact on city services that a development like this would have on the City of Meridian. Mrs. Hanson noted that she would like to make a request that the following conditions be imposed on the subdivision. First, larger lots as a better buffer between density and acreages. Second, single level houses. Third, a visual screen of trees and fourth, compensation if their well dries up. 25. Chairman Johnson noted that the school district does get involved in developments. They helped to develop a section of the Comprehensive Plan of the City of Meridian. 26. Mr. Hanson noted that the lot sizes along the canal include part of the canal. He felt it was deceiving that the lots are listed as 15,000 square foot lots, when, in fact, he believes they are closer to 10,000 square feet. 27. There was no further public testimony before the Planning and Zoning Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW — FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING 28. The following testimony was offered at the hearing held on August 4,1998 before the Meridian City Council. Becky Bowcutt was sworn in by the Assistant City Attorney. Mrs. Bowcutt noted the project consists of 2.71 dwelling units per acre, which would fall under the R-4 designation. She noted that all lots exceed or meet the 8,000 square foot minimum and all the lots meet the frontage requirements. She noted that the property is just over 121 acres with 328 buildable lots. Mrs. Bowcutt noted there would be 8.4 acres of common area. She noted that money has been set aside for a pedestrian bridge to connect adjoining subdivisions. She noted that a sewer profile was completed on the project. Sewer hookup is not a concern. A well site has been provided as part of the project. She noted that 1.41 acres has been set aside for a fire station. She noted that the developer is working on a pressurized irrigation system that would service all of the proposed development plus Sherbrooke Hollows and the newly proposed Ridenbaugh Canal. There would be a fence line located five feet from the top of the bank. The fence would be subject to Nampa Meridian Irrigation District Approval. Mrs. Bowcutt noted that A.C.H.D. would allow their new curb to curb standard of 36 feet. She noted that it was the developers desire to have an off set sidewalk from the back of the curb to create a four foot landscaped area. She noted that Meridian staff requested that the Applicant use a 51 foot right of way to accommodate the sidewalk. Mrs. Bowcutt noted that the plan as proposed would still provide an 18 foot driveway. This would be long enough to accommodate the largest of personal vehicles. Mrs. Bowcutt noted that she was uncomfortable with the 90 foot lot length of corner lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 8 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING i She felt that the way the City determines the length of those lots creates lots with large side yards and small backyards. Mrs. Bowcutt noted the developer made every attempt to accommodate local neighbors concerns. She believes they have addressed almost all of the adjoining neighbors concerns. Terry Kawakami was sworn in by the Assistant City Attorney. Mrs. Kawakami expressed her concern that the proposed subdivision would funnel traffic into her subdivision. She felt that the design pushed all the traffic through her subdivision. She expressed additional concern over the access and maintenance of the Ridenbaugh Canal. She felt that a foot bridge would only add to the traffic along the canal. She felt that it would be a liability problem for homeowners along the canal. She felt that traffic should be funneled out through Victory and Eagle roads and not through her subdivision. Bonnie Glick was sworn in by the Assistant City Attorney. She noted that the Comprehensive Plan calls for transitional densities and comparable lot sizes in rural areas. She noted that with all the roads and common areas, it does not appear to be 2.5 homes per acre. She expressed concern about the storm drainage and possible contamination of her domestic well. She expressed concern about the fencing and landscaping and expressed her desire that lighting not adversely reflect on her property. Nancy Hansen was sworn by the Assistant City Attorney. Mrs. Hansen noted that her understan.ding of Meridian's Comprehensive Plan called for larger properties in FINDINGS OF FACT AND CONCLUSIONS OF LAW — 9 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING rural areas. She noted that the Comprehensive Plan calls for transitional densities with larger more comparable lot sizes. She noted that the current development has 12 lots abutting her own property and that it did not appear to be transitional. She requested that the Council require larger lots and single family dwellings adjacent to her property. Marvin Hansen was sworn in by the Assistant City Attorney. Mr. Hansen agreed with his wife's concern about single story homes along the Ridenbaugh Canal. He also noted that further development would only add to an increasing foot and vehicular traffic along the canal. Bob Fritts was sworn in by the Assistant City Attorney. Mr. Fritts noted that when the land for the school, well and fire station are removed, it comes out to 3.4 homes per acre and not 2.5 homes per acre. He requested single story homes and a chain link fence with slats be required adjacent to his property. Mr. Fritts expressed his dissatisfaction that the City Council reviewed pictures of the project without the Planning and Zoning Commission getting the opportunity to review the same pictures. Becky Bowcutt noted that she would like to address some of the adjacent neighbors concerns. She noted that the street lights would conform to Meridian City Code. She noted that the density is based on gross acreage and the project's density is 2.71 homes per acre. She noted a variety of lot sizes including a number of them 10,000 square feet to as much as 15,700 square feet. She noted that the development was compatible with an already developing residential area. She noted that the develop did a study on the storm drainage and there does not seem to be a problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW — to FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING She felt it would be inappropriate to dictate the type of houses in terms of the number of stories. She felt that the decision should be left to the purchaser of the property. Mr. Bob Fritts noted that the issue was privacy rather than his view of the property. He felt that development would have a substantial impact on his rural lifestyle. Councilman Roundtree inquired of City Engineer Gary Smith to offer his opinion of the impact the development would have on the City's infrastructure. Engineer Smith noted that the well lot and the Nine Mile trunk extension to the project need to be completed for the project. City Engineer Smith noted that the driveway set back is required to park in driveways. City Engineer Smith believes corner lots should be 8% larger and that it has always been the City's policy to split the corner to determine frontage. The Council discussed to some length the inclusion of a condition that in Block 14, lots 14 — 21 be limited to single story houses. Councilman Rountree made a motion that the City Attorney draft findings that include a condition that lots 14 — 21 in Block 14 be limited to single story detached dwellings and that all of the City Engineer's concerns regarding right of way be properly addressed in regards to the right of way designation. 28. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, the Central District Health Department, Nampa Meridian Irrigation District, Meridian School District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW — 11 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING full. k 29. That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari Stiles, Planning and Zoning Administrator, specifically commented as follows: GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M 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. b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; C. Provide five -foot -wide sidewalks in accordance with City Ordinance 11-9- 606.6.; d. That water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; e. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. f.. Coordinate fire hydrant placement with the Meridian Public Works Department. g. If possible, respond in writing to each of the comments contained in this memorandum by 12:00 noon, May 8, 1998. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS: a. Sanitary sewer service to this site could be via extensions from the trunk line system installed as part of the Los Alamitos and the proposed Thousand Springs Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage FINDINGS OF FACT AND CONCLUSIONS OF LAW — 12 FARWEST DEVELOPERS -THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. b. Water service to this site could be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. C. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District, nor has the source been shown. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Pressurized Irrigation System O & M manual must be submitted prior to plan approval. 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, a single 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. d. Two -hundred -fifty and one -hundred -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. e. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. f. Construct six -foot -high, permanent, non-combustible 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 13 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING g. Plat the Ridenbaugh Canal easement as a common lot to be owned and maintained by the Thousand Springs Homeowners Association. Rear lot lines along the Ridenbaugh Canal shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa -Meridian Irrigation District. A minimum of five feet from the top of bank (as determined by the City Engineer) shall be allowed for the common lot when fencing. h. The annexation description provided is not contiguous with the adjacent Sherbooke Hollows Subdivision and should follow the centerline of the Ridenbaugh Canal adjacent to the property north of Sherbrooke Hollows Subdivision. Applicant shall submit a revised annexation perimeter description for the proposed site. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing corporate city limits. A development agreement is required for this project, as a condition of annexation of the property. A vehicular bridge shall be constructed across the Ridenbaugh Canal with the extension of E. Three Bars Drive. Ada County Highway District has requested only a pedestrian bridge in the area of Lots 40 and 41, Block 1. A second pedestrian bridge shall be constructed to connect to the Sherbrooke Hollows Subdivision. Bonding for these improvements shall be submitted with the final plat, with construction of the bridges completed prior to obtaining building permits. k. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. Applicant proposes 50 -foot -wide streets throughout the development; with the four -foot -wide planting strip shown, 2 '/2 feet of each sidewalk would be on private property. Staff requests that the street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet would be preferred for this configuration. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 14 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING M. Applicant proposes 40 -foot -wide landscaped planting strips along Eagle Road and a 30 -foot -wide planting strip along Victory Road, which shall be owned and maintained by the Thousand Springs Homeowners Association. n. Add arrows indicating house frontage on those lots that do not meet the 80 - foot -wide frontage requirement. Frontage is determined by the line length plus one-half of the chamfer length on corner lots. o. The Meridian Public Works Department requests that E. Three Bars Drive extend to S. Indian Creek Place for water alignment. P. Provide temporary turnarounds at phase lines, for streets that will continue, if longer than one lot depth from an intersection. q. It appears that there are three lots with landscape easements along E. Green Canyon Drive, and along the northwest side of Lot 18, Block 7. Staff recommends that these improvements be within a 20 -foot -wide common lot, installed by the developer and maintained by the homeowners association for continuity and consistency of landscaping. r. The preliminary plat map is required to carry the stamp, signature and date of the Professional Land Surveyor that has done the preliminary design. S. A variance application has been submitted for piping of the Ridenbaugh Canal and exceeding the maximum block length of 1,000 feet. t. Provide a 20 -foot -wide common lot through Lot 23, Block 1, to the proposed City well lot with a blanket easement to the City of Meridian for a water main. U. Re -align the rear lot lines of Lots 55-56, Block 1 to match the rear lot line of those adjacent lots in Los Alamitos Subdivision. V. What does the extra line that traverses through the majority of the lots that bound the Ridenbaugh Canal represent? This line in most cases is on the house side of the pressurized irrigation line. 30. That the R-4, Residential District is described in the Zoning Ordinance, 11- 2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, FINDINGS OF FACT AND CONCLUSIONS OF LAW — is FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian.; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 31. That -the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 32. That the land is adjacent to the land annexed and being developed as Salmon Rapids No. 1 & 2, which is now in the process of development. 33. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1 U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 34. That'the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided ..." 35. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it FINDINGS OF FACT AND CONCLUSIONS OF LAW—' 16 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 36. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses, apartments, condominiums." 111.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background. "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 37. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian. 38. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the FINDINGS OF FACT AND CONCLUSIONS OF LAW — 17 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 39. That -pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 40. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 41. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 42. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the FINDINGS OF FACT AND CONCLUSIONS OF LAW — 18 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING subdivision;" 43. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 44. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 45. There was no further testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 19 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That'the City Council has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW — 20 FARWEST DEVELOPERS —THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met and addressed in a Development Agreement. 12. That -the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11 -2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW — 21 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING 416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Stiles. That the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 13. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 14. That in Block 14, lots14 through 21 be limited to single story detached dwellings and that all of the City Engineer's concerns regarding the right of way designation be incorporated as conditions of approval of the prosed annexation. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 16. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. 17. With compliance of the conditions contained herein, the annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW — 22 FARWEST DEVELOPERS —THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the best interest of the'City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 23 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN BIRD MAYOR CORRIE (Tie Breaker) VOTED VOTED Cl1 VOTED DJ VOTED _j VOTED DECISION AND RECOMMENDATION The Meridian City Council hereby decides on approval of the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: 8-13-98—FINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW – 24 FARWEST DEVELOPERS – THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING MERIDIAN CITY COUNCIL MEETING: August 18 1998 APPLICANT: FARWEST DEVELOPERS AND MARTY GOLDSMITH ITEM NUMBER: _ REQUEST: ANNEXATION AND ZONING OF 121.897 ACRES FOR THOUSAND SPRINGS SUB. AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 8/4/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ` SETTLERS IRRIGATION: Ai r IDAHO POWER: r US WEST- INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council August 4, 1998 Page 7 MOTION CARRIED: All ayes. ITEM NO. 5: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUB. BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: (TABLED TO AUGUST 18, 1998) ITEM NO. 6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 1. 66 ACRES (C -G) BY KANTI PATEL: Corrie: I'll open the public hearing and is Kanti Patel here? KANTI PATEL WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Patel: My guy that is suppose to be here is not here. He got all the information. I am waiting for him. Corrie: When do you expect him to be here? Do you know? Patel: He called me. He is supposed to be here at 7:30. 1 don't know what happened to him. Corrie: Well, we'll see if there's anybody else from the public that wants to testify and then we'll come back here. Is there anyone else from the public that wants to testify in this request for annexation and zoning? WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Forrey: Mayor and members of the council, l was kind of hoping to hear the presentation, but I work with Hubble Engineers and Hubble Engineering is purchasing property adjacent to this proposed development site, and we are totally in favor of the annexation, the zoning request of C -G and also the development of the site as proposed. But we'd like to hear the presentation if we could and maybe if that's later tonight if we could maybe have another opportunity to comment if necessary. That's it. We are in support of the project. Corrie: Thank you Wayne. Forrey: Thank you. MERIDIAN CITY COUNCIL MEETING: August 4, 1998 APPLICANT: FARWEST DEVELOPERS ITEM NUMBER: 5 REQUEST: ANNEXATION & ZONING OF 121.897 ACRES TO R-4 FOR THOUSAND SPRINGS SUB. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED AMENDED FINDINGS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: JULY 21 1998 APPLICANT: FARWEST DEVELOPERS ITEM NUMBER: 9 REQUEST: ANNEXATION AND ZONING 121.897 ACRES — NORTH OF VICTORY & WEST OF EAGLE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: AICA r0l INTY STRFFT NAME COMMITTFE• CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEc PrTrAcAen t G-rrEp, /3 -on � lSu, 1i �L Ga SEE ATTACHED FINDINGS All Materials presented at public meetings shall become property of the City of Meridian. FFcE1v-E1D J U L 17 1998 To: Meridian City Council 33 E. Idaho Street Meridian, Idaho 83642 110mron, MR -M ITOX-016i;LA Re: Application of Farwest Developers and Marty Goldsmith for annexation and zoning of approximately 121.2 acres of land located in the SE 1/4 Section 20, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which property is generally located north of Victory and west of Eagle Road. Further the applicant requests preliminary plat approval for the ThousanIf" Springs Subdivision. Our concerns about this development center on a number of issues. First, we are concerned about the high density of this subdivision abutting a rural residential _®_ Those of us who have lived in this area for 10 to 20 years all have acreages of 2-8 acres. We 7<© you to abide by the City ©? »»n<own comprehensive plan where it states under RURAL AREAS, Our property abuts this proposed development and we have 2.2 acres. Our neighbors to the east have from 3-7 acres. Building up next to us with »+,m is not a "transonal density" or a "comparable lot size". This proposed high density does not preserve our quality of life nor reflect the vision stated in the Meridian Comprehensive Plan. I MME ->#< 111 rol lilt MIVVZ�11 TE717=0 i.,creages. Our preference would be at least 1/2LLO 1 acre lots in this area if not 2-5 acre lots. Secondly, in looking at the Preliminary Plat, we notice a landscape/drainage ar abutting our property at the end of the southern entrance off Victory Rd. This is right to the east of S. Bennett Bay Way. We have consulted the ground water agent of the Western Division of the Department of Water Resources as well as the Assistant City Engineer for Meridian, and both stated that this drainage are could be a potential contamination source for our domestic well which lies approximately 150 ft. to the east. We ask the developer and the City Council to g create storm drainage in a different area since our domestic well is our drinkin water supply and we do not want it contaminated. '11 0 N Tears anif cortGoi RUT inat I base r7i VIM 1-17MMIEFTMA rur gation will further threaten our water levels. In addition, without irrigation of these fields which would normally replenish our ground water supply, we feel especially vulnerable in our domestic water supply. Fourth, we note that the southern entrance to the subdivision runs along our property, specifically S. Bennett Bay Way. This entrance runs past our garden and we would like to protect the privacy we feel now when we garden. We ask that the developer plant pine trees, similar to the ones that already exist there (in the forest that Sally Martin planted) along with thick landscaping and berms so that our view will be of pines and trees, much like it is now. We hope this will also muffle the noise of the traffic that will be entering and exiting along our property. 1111, 1111, 1 IBM 101"1111 I'll I I L11-1 I L-73 IN r, ff�t In gwrg-,g I go I I m -nm %.'! -- - Fifth, we fear the lighting that will be placed along the entrance will affect our privacy and the rural feeling of our place. We ask if there is any way to cap the lights to direct them away from our property. Sixth, we ask that adequate covenants be in place so that the homeowner's are prohibited from having junk cars, etc. on their prop". We would like to see the covenants and have imput into them with the developer, if possible. Ty �r e 1* r � y BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CITY OF MERIDIAN FARWEST DEVELOPERS & MARTY GOLDSMITH ANNEXATION AND ZONING NORTH OF VICTORY AND WEST OF EAGLE ROAD SE'/4 SECTION 20, T. 3N., R. 1 E. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 12, 1998, hearing, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's Representative, Becky Bowcutt, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearings scheduled for May 12, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly FINDINGS OF FACT AND CONCLUSIONS OF LAW — 1 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING considered at the May 12, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; the property is approximately 121.227 acres in size; it is in the Southeast 1/4 Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Thousand Springs Subdivision will be an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Marty Goldsmith, is the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 FINDINGS OF FACT AND CONCLUSIONS OF LAW — 2 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Residential, 10. That the property can be serviced with City water. 11. That the public testimony given at the hearing before the Planning and Zoning Commission was as follows. 12. Becky Bowcutt was sworn in by the Assistant City Attorney. She noted that the application was for annexation and zoning. Specifically, zoning the property from Ada County's R -T designation of Rural Transition to Meridian's R-4, which is a low density residential zone. The request is for annexation of 121.227 acres. Mrs. Bowcutt noted that the developer is Farwest, who developed Los Alamitos and Salmon Rapids. She noted that notification was sent to all neighbors within 300 feet of the project. She noted that sometime in February or March the developer held a meeting with adjacent homeowners to discuss their concerns. The developer tried to incorporate their concerns in planning the development. She noted that one request incorporated was the relocation of the main entrance, so it aligned with Gurdner Lane. She also noted that a fire station would be developed on the southern corner of the development. She noted that the Martimer Family Trust requested that the right to farm clause be incorporated into the final plat. She noted that city sewer and water was available through either Sherbrooke Subdivision or through Los Alamitos. She noted that Thousand Springs will fund the other %2 of a pedestrian bridge which originated at the Sherbrooke development. Further, the Ridenbaugh Canal will have a vehicular connection into Three Bars Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 3 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Further, Mrs. Bowcutt noted that there was acreage set aside for part of the land needed for a future school and park site. 13. Commissioner Johnson inquired about the length of the longest cul-de- sac. Mrs. Bowcutt noted that the longest cul-de-sac was 450 feet. Mrs. Bowcutt noted that another feature is the use of detached sidewalks within the project. She noted that they would be four feet from the back of the curb. This would be done to create a boulevard effect. She noted that Meridian staffs preference was to expand the right, of -way to incorporate the detached sidewalk. She noted that the developer's preference would be to leave the right-of-way at 50 feet and have the sidewalk on an easement. 14. Commissioner Borup inquired about adjacent land that was deeded to the City as part of the future school and park site. Mrs. Bowcutt noted that a prior development provided part of a school site to the City of Meridian for future use. Commissioner Borup also expressed his concern that the detached sidewalk only left an 18 foot setback from the sidewalk. 15. Commissioner Maccoy inquired about the well site location. Mrs. Bowcutt noted that the best location for the site would be along the Eagle Road corridor. 16. Commissioner Maccoy inquired about the location and sizing of the fire house. Mrs. Bowcutt noted that the decision was based on past experience with Whitney Fire District. 17. Commissioner Smith inquired about the school site, particularly how much FINDINGS OF FACT AND CONCLUSIONS OF LAW — 4 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING did the City pay for it. Mrs. Bowcutt noted that "For the record, the property for the fire station, the property for the well lot, and the property for the future school and park site are gifts to the City. 18, Commissioner Smith inquired about the design of the homes. Mrs. Bowcutt noted that the design of the homes would be consistent with Salmon Rapids and Los Alamitos. 19. Marvin Hanson was sworn in by the Assistant City Attorney. Mr. Hanson noted that his home is adjacent to the development along the canal. He requested that the homes along the canal be limited to single story and that large trees be planted to provide a buffer between his properly and the development. 20. Gordon Harris was sworn in by the Assistant City Attorney. Mr. Harris requested that the sewer connection go through the development close to his property residence, East Sleep Creek near Molly's Way to allow him access to the sewer. 21. Ruth Fritts was sworn in by the Assistant City Attorney. She noted that her property borders the Ridenbaugh Canal. She noted that Sherbrooke Hollow Subdivision has agreed to limit the homes that border her property to single level homes. She noted that her home sits about 175 to 200 feet off of Victory Road. She believes if the homes adjacent to her property were two story homes it would cut off her view of Bogus Basin and interfere with her television reception. Mrs. Fritts noted that since Los Alamitos Subdivision was developed, dogs have entered into their pasture and have harrassed their own dog and cattle. She noted that car FINDINGS OF FACT AND CONCLUSIONS OF LAW — 5 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING and pedestrian traffic has increased along the Ridenbaugh Canal. She was also concerned about the increase in traffic along Victory Road and Eagle Road. Mrs. Fritts noted that she moved out to that location to live in the country and she expressed her displeasure with the increase in subdivisions in the area. 22. Mr. Gary Allen was sworn in by the Assistant City Attorney. Mr. Allen noted that he was hired as legal counsel for the property north of the Ridenbaugh Canal, owned by Mr. Jim Griffith. He noted he's not in support of or opposed to the subdivision. He was there to gather information to inform his client about potential future development options. 23. Mr. Bob Fritts was sworn in by the Assistant City Attorney. Mr. Fritts noted that he was concerned about the increase traffic volume this development will bring along Victory Road. He feels there are serious safety issues if this development was to go forward. 24. Nancy Hanson was sworn in by the Assistant City Attorney. Mrs. Hanson noted that she did not believe this subdivision was in keeping with Meridian's long range plans for development. She felt that going from 121 acres with two houses to the same acreage with 330 houses is a major change to the area. She felt the development wold adversely impact the surrounding area. She felt the new subdivision would have an impact on the school system, roads, police, water and sewer. She inquired whether the Commission considered the impact on city services that a development like this would have on the City of Meridian. Mrs. Hanson noted FINDINGS OF FACT AND CONCLUSIONS OF LAW — 6 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING that she would like to make a request that the following conditions be imposed on the subdivision. First, larger lots as a better buffer between density and acreages. Second, single level houses. Third, a visual screen of trees and fourth, compensation if their well dries up. 25. Chairman Johnson noted that the school district does get involved in developments. They helped to develop a section of the Comprehensive Plan of the City of Meridian. 26. Mr. Hanson noted that the lot sizes along the canal include part of the canal. He felt it was deceiving that the lots are listed as 15,000 square foot lots, when, in fact, he believes they are closer to 10,000 square feet. 27. There was no further testimony at the hearing. 28. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, the Central District Health Department, Nampa Meridian Irrigation District, Meridian School District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 29. That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari Stiles, Planning and Zoning Administrator, specifically commented as follows: GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW — FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING b, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517; that wells may be used for non-domestic purposes such as landscape irrigation; C. Provide five -foot -wide sidewalks in accordance with City Ordinance 11-9- 606.6.; d. That water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; e. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. f. Coordinate` fire hydrant placement with the Meridian Public Works Department. g. If possible, respond in writing to each of the comments contained in this memorandum by 12:00 noon, May 8, 1998. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS: a. Sanitary sewer service to this site could be via extensions from the trunk line system installed as part of the Los Alamitos and the proposed Highlands Ranch Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. b. Water service to this site could be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. C. Applicant has not indicated whether the pressurized irrigation system within FINDINGS OF FACT AND CONCLUSIONS OF LAW — FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District, nor has the source been shown. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Pressurized Irrigation System O & M manual must be submitted prior to plan approval. 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, a single 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. d. Two -hundred -fifty and one -hundred -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. e. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. f. Construct six -foot -high, permanent, non-combustible 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. g. Plat the Ridenbaugh Canal easement as a common lot to be owned and maintained by the Thousand Springs Homeowners Association. Rear lot lines along the Ridenbaugh Canal shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa -Meridian Irrigation District. A minimum of five feet from the top of bank (as determined by the City Engineer) shall be allowed for the common lot when fencing. h. The annexation description provided is not contiguous with the adjacent Sherbooke Hollows Subdivision and should follow the centerline of the Ridenbaugh Canal adjacent to the property north of Sherbrooke Hollows Subdivision. Applicant shall submit a revised annexation perimeter description for the proposed site. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the FINDINGS OF FACT AND CONCLUSIONS OF LAW — 9 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING existing corporate city limits. i. A development agreement is required for this project, as a condition of annexation of the property. j. A vehicular bridge shall be constructed across the Ridenbaugh Canal with the extension of E. Three Bars Drive. Ada County Highway District has requested only a pedestrian bridge in the area of Lots 40 and 41, Block 1. A second pedestrian bridge shall be constructed to connect to the Sherbrooke Hollows Subdivision. Bonding for these improvements shall be submitted with the final plat, with construction of the bridges completed prior to obtaining building permits. k. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. Applicant proposes 50 -foot -wide streets throughout the development; with the four -foot -wide planting strip shown, 2 Y2 feet of each sidewalk would be on private property. Staff requests that the street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet would be preferred for this configuration. M. Applicant proposes 40 -foot -wide landscaped planting strips along Eagle Road and a 30 -foot -wide planting strip along Victory Road, which shall be owned and maintained by the Thousand Springs Homeowners Association. n. Add arrows indicating house frontage on those lots that do not meet the 80 - foot -wide frontage requirement. Frontage is determined by the line length plus one-half of the chamfer length on corner lots. o. The Meridian Public Works Department requests that E. Three Bars Drive extend to S. Indian Creek Place for water alignment. P. Provide temporary turnarounds at phase lines, for streets that will continue, if longer than one lot depth from an intersection. q. It appears that there are three lots with landscape easements along E. Green Canyon Drive, and along the northwest side of Lot 18, Block 7. Staff recommends that these improvements be within a 20 -foot -wide common lot, FINDINGS OF FACT AND CONCLUSIONS OF LAW — 10 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING installed by the developer and maintained by the homeowners association for continuity and consistency of landscaping. The preliminary plat map is required to carry the stamp, signature and date of the Professional Land Surveyor that has done the preliminary design. S. A variance application has been submitted for piping of the Ridenbaugh Canal and exceeding the maximum block length of 1,000 feet. t. Provide a 20 -foot -wide common lot through Lot 23, Block 1, to the proposed City well lot with a blanket easement to the City of Meridian for a water main. U. Re -align the rear lot lines of Lots 55-56, Block 1 to match the rear lot line of those adjacent lots in Los Alamitos Subdivision. V. What does the extra line that traverses through the majority of the lots that bound the Ridenbaugh Canal represent? This line in most cases is on the house side of the pressurized irrigation line. 30. That the R-4, Residential District is described in the Zoning Ordinance, 11-2- 408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian.; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 31. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 11 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING 32. That the land is adjacent to the land annexed and being developed as Salmon Rapids No. 1 & 2, which is now in the process of development. 33. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1 U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 34. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided ..." 35. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 36. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses, apartments, condominiums." 111.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." 111.4 The development of housing for all income groups close to employment and shopping centers should Pe encouraged." FINDINGS OF FACT AND CONCLUSIONS OF LAW — 12 FARWEST DEVELOPERS THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING 37. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 38. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 39. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, FINDINGS OF FACT AND CONCLUSIONS OF LAW — 13 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 40. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 41. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 42. That Section 11-9-605 H 2, states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 43. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi -improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW — 14 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 44. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 45. There was no further testimony given at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW — 15 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and FINDINGS OF FACT AND CONCLUSIONS OF LAW — 16 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met and addressed in a Development Agreement. 12. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2- 417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Stiles. That the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 13. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 14. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked FINDINGS OF FACT AND CONCLUSIONS OF LAW — 17 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 15. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 18 FARWEST DEVELOPERS — THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER KEITH BORUP COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER MALCOLM MacCOY COMMISSIONER DeWEERD VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, and the conditions of these Findings and Conclusions and that if the conditions are not met that the properly be de -annexed. APPROVED: 6-15-98—FINAL .. • FINDINGS OF FACT AND CONCLUSIONS OF LAW – 19 FARWEST DEVELOPERS – THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING Planning and Zoning Commission Special Meeting June 17, 1998 Page 43 MacCoy: Well, make a motion. Nelson: Therefore, I'd like to make a motion that we continue the public hearing for the request for a conditional use permit till our July 14th meeting. Borup: Second. MacCoy: All in favor? Any descending? Do. I hear all four ayes? de Weerd: Yes. Prior: We may want to do that again, I'm not sure that was picked up Mr. Chairman. MacCoy: I don't think even I heard it. Alright, we'll start down at the far end then. All in favor? Any descending? MOTION CARRIED: All aye. MacCoy: Passes, it will be continued at the July meeting. ITEM #5: TABLED JUNE 9,1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: MacCoy: Is somebody here, the client able to speak -- (Inaudible) de Weerd: Mr. Chairman, I think it was explained to me at the last meeting that they couldn't come up and comment because it wasn't a public hearing. MacCoy: Well that's — the Commissioners have the choice as to whether they have any questions at this point, you've got the Fact from the counselor in your hands right now, I'm assuming you do. Nelson: I have no questions. Smith: I have none. Smith: I have comment though that I'd like to add a condition in the Findings of Fact that the — this was brought up at the last meeting of the single story development along South Zims Way and South Boiling Springs Way. on the south side of the road, I feel it Planning and Zoning Commission Special Meeting June 17, 1998 Page 44 would be good from a scale standpoint to provide a little transition there from a scale so I would like to add to the requirements of the Findings that all the lots on the south side of South Zims Way and South Boiling Springs Way be no more than single story in height. MacCoy: Is that a proposal? Smith: That's a proposal. MacCoy: Okay, do I hear a second for that? Nelson: I second that. Smith: Let me back up a minute, let me do this right. Mr. Chairman, I'd like to make a motion Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions with the additional requirement that the lots on the south side of South Zims Way and South Boiling Springs Way be held to single story in height. Nelson: Second. MacCoy: Roll call vote. ROLL CALL VOTE: Commissioner Borup — nay, Commissioner de Weerd — abstain, Commissioner Smith — aye, Commissioner Nelson — aye. MOTION CARRIED: 2 aye, 1 nay, 1 abstain. Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above and the conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the applicant be specifically required to meet all of the ordinances of the City of Meridian and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de -annexed. MacCoy: Do I have a second? Nelson: Second. MacCoy: Thank you. All in favor? Opposing? MOTION CARRIED: All aye. a Planning and Zoning Commission Special Meeting June 17, 1998 Page 45 Prior: Just for a clarification Mr. Chairman if I may? MacCoy: Yes. Prior: Madam Clerk, if you could just impose that condition on the Findings if you would for passage when it gets passed on to the City Council, I assume it's been done, that look seems to tell me it's been done. MacCoy: Do you want to challenge that? Prior: No. MacCoy: Moving on to item #6. ITEM #6: TABLED JUNE 9,1998: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS SUBDIVISION (330 SINGLE FAMILY LOTS ON 121.897 ACRES) BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: MacCoy: What is the — Borup: Mr. Chairman, I move we recommend City Council approval of preliminary plat for Thousand Springs Subdivision. Smith: Second. MacCoy: All in favor? Opposed? MOTION CARRIED: All aye. MacCoy: Alright, at this moment it's a quarter of nine, I think since we started at 6:30 this evening we're going to have to take a break for ten minutes and we'll be back. Thank you. (TEN MINUTE BREAM MacCoy: Continuing the Planning and Zoning meeting, it is now 9:00, we're starting at item #7, it's a public hearing, I made a statement earlier that I would like to move item #12 and #13 in place of — and move #7 etc. after item #13 so that we could get these two out of our agenda and move on, so if you will now pickup in your packet item #12. l TT1 � MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17, 1998 APPLICANT: FARWEST DEVELOPERS & MARTY GOLDSMITH AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION & ZONING OF 121.897 ACRES TO R-4 FOR THOUSAND SPRINGS SUB. AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/9/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED FINDINGS OF FACT AND CONCLUSIONS OF LAW NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZONING CONVIlvIISSION JUNE 9, 1998 PAGE 30 MacCoy: Okay, you need a motion, some Commissioner here. Smith: Mr. Chairman, I'd like to make a motion that we defer action on the Findings of Fact and. Conclusions of Law on items 10 and 11 until our June 17tH meeting. Nelson: Second. MacCoy: All in favor. MOTION CARRIED: All aye. Smith: Although I should point out that — it was pointed out to me on the last item that we don't have Findings on a preliminary plat which is item #11 so — MacCoy: You included it, that is what you did. We can move on now. ITEM #12: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY AMY GILLUM — 2347 E. APRICOT DRIVE: MacCoy: Commissioners, any statement first? Public hearing is now open. Is the applicant here for this one tonight? Prior: Hi ma'am, would you state your name and address and spell your last name for the record for me. Gillum: Amy Gillum, 2347 E. Apricot. AMY GILLUM WAS SWORN BY THE CITY ATTORNEY, Gillum: My intention is just to take in one to two children in my home so I can care for my own children at the same time. I'm not it to bother my neighbors or cause ,disruption I just want to care for my children. MacCoy: Is that all you have to say about it? Gillum: Yeah. MacCoy: Commissioners, do you have anything you want to ask her? Nelson: Yes Mr. Chairman, I'd like to — it looks like there's a letter here in my packet from Frank Sweigart, have you had an opportunity to read that letter? Gillum: Yes, I have. MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: FARWEST DEVELOPERS & MARTY GOLDSMITH AGENDA ITEM NUMBER: 10 REQUEST: ANNEXATION & ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUB. AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/12/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED FINDINGS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission May 12, 1998 Page 46 I think everything else that we previously looked at in C.U. pertains here. I'm not as familiar with your process – I guess we will wait for the stated time and find out which way the decision is on both of these applications and what your recommendation is to the council. Johnson: Yes, and to be real frank with you we won't proceed on a preliminary plat tonight. We'll table that item until we get the findings of fact on the conditional use permit. We would incorporate all of your prior testimony into this preliminary plat testimony as well. Any further questions? Anyone else would like to come forward? At this point then, I'll close this public hearing. Smith: Mr. Chairman, I would like to make a motion that we table this item—let me back up. I'd like to make a motion that we incorporate all previous testimony on the preceding agenda item into this item and that we table this item for discussion until our June 9t" meeting. MacCoy: Second. Johnson: We have a motion and a second to table this item and incorporate prior testimony on the conditional use permit into this application for item 14 which is really 15. All in favor? And opposed? MOTION CARRIED: All ayes. ITEM NO. 16: REQUEST FOR ANNEXATION AND ZONING OF 121. 897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH – NORTH OF VICTORY AND WEST OF EAGLE ROAD. Johnson: At this time I will open the public hearing and ask the applicant or the applicant's representative address the commission. Everything you bring tonight stays here. Prior: Anything that is damaged is taken out of– (inaudible) BECKY BOWCUTT BRIGGS ENGINEERING 111.1 S. ORCHARD WAS SWORN BY THE CITY ATTORNEY, Bowcutt: We're coming before you this evening with an application for annexation from R -T, rural transition, under Ada County jurisdiction to R-4, which is a low density residential zone. We're asking for annexation of 121.227 total acres, and then we also Planning and Zoning Commission May 12, 1998 Page 47 have a preliminary plat application. Can I just combine the two, may I do that to expedite? No, okay. Prior: We can incorporate after you're done. Bowcutt: Excellent. I just don't want to have to say the same thing twice. Johnson: Well, we just have to let you know that we're still running the meeting. Bowcutt: Okay, this particular property to let you know where it's located, this here is Eagle Road right here on our south boundary is Victory Road. On our western boundary is Los Alimitos Subdivision. It goes on out to Locust Grove here. On our west boundary is the proposed Sherbrooke Subdivision which was approved by this body here about six months ago. This parcel between the two is an undeveloped R -T parcel. The Ridenbaugh Canal border this parcel and this legal description runs to the center line of the canal and Ridenbaugh wraps around it's northern boundary and goes out and intersect with Eagle Road. All the lots proposed in this development are 8000 square foot or greater. They all have 80 feet of frontage or greater. Johnson: Excuse me, Becky. Could you put that so the public can see it and then use that portable mike down there if you need to because that unhooks. Everybody should have a shot at seeing that. Bowcutt: I won't break it. This probably looks familiar to you, the property, and that's because oh, about three years ago it came before some of the members that have been here quite a while called Highlands Ranch Subdivision. In that particular subdivision, (End of Tape) Bowcutt: ...different from what we're proposing here. This is an old copy of it. It looked very similar to this. It included the Sherbrooke Subdivision, and then it also included Thousand Springs Subdivision that we're proposing here. They came in with one single application. They had about 682 dwellings that were originally proposed. On this particular parcel that you're looking at here, I believe there was about 512 dwellings proposed. At a density of 4 units per acre. What we're proposing here is 330 single family residential dwellings. And our density is 2.72 dwelling units per acre. To kind of give you an idea of what's around us, the Los Alimitos Subdivision on our western boundary is 2.9 dwelling units per acre. The Sherbrooke Subdivision there on our western boundary was 2.87. So with this particular density, it is lower that what has been proposed in this area at 2.72. I'd like to point out some of the items. I did read through the minutes from the previous meetings. I talked with city staff. I talked with the highway district, read the testimony submitted by the adjoining neighbors to kind of get an idea of what the problems were when this project originally came through. The Planning and Zoning Commission May 12, 1998 Page 48 main issue I think was the mixed use in the original application, the density. And the fact that the neighbors had never had an opportunity to sit down with the developer and his representatives to discuss the project. So we went about this in a fashion to try to remedy the mistakes made the first time around under the other developer, and I would like to note that that particular developer is not this developer. The developer here is Farwest Developers who has done Los Alimitos and Salmon Rapids. We sent out a notification to all neighbors within 300 feet of the project and invited them to a neighborhood meeting. It was sent out as an invitation. It was held at the Sandman Motel. We had a room prepared. We sat down. I think we had six or eight individuals who live in this area, and we talked to them about the project, showed them our drafts. We had not even put it on the computer. So that we could incorporate some of their comments concerning this project. The feedback, we got some positive feedback, some negative feedback, and based upon the negative feedback, we tried to make some adjustments. In my — Johnson: How long ago was that? Bowcutt: That was held, I think back in February. Johnson: The month is fine. Borup: Your letter says March 9th? Bowcutt: End of February, first of March. Okay, that's cool. Johnson: I've got to remind you you're under oath. Bowcutt: Yes, sir. I'm trying to answer to the best of my ability. I've got a cold. It kind of makes me clouded in the head. Cold medicine does. One of the comments we had, our entrance was centered right at Eagle Road. I received a letter from Sutherland Farms who asked that we align our entrance with Gurdner Lane, which is located on the east side of Eagle Road. They said we intend in the future to develop our property. It would be beneficial if your street would align with our existing private lane so that at some point in time a signal could be placed for the subdivisions. So we did move our main entrance to the south and it is in alignment with Gurdner Lane. Secondly we have the fire station located on our southern, it would southeast corner. Gordon Harris owns the property just south of us, and he indicated to me that he did like the location of a future fire station there. He was afraid it would affect the value of his property and would cause some nuisance to him. So his preference was we move the fire station to the north, and we did, and that's what you see the large square area on the northeast corner. We talked to the representative from the Mortimer Family Trust. Her main concern was that we incorporate the right to farm clause out of the state code and place Planning and Zoning Commission May 12, 1998 Page 49 that on our final plat that we submit to the city, because they have a working farm just south of us on Victory. We indicated to her that we agreed to do that. We did it for the Sherbrooke Subdivision and basically protects her right as far as their agricultural pursuits that any residents cannot complain about the bailing of hay in the wee hours or cattle or etc. Johnson: And that would also be part of the development agreement anyway, right? Bowcutt: Mrs. Glick attended our meeting. She lives right here on an acre parcel. Right here at our entrance. We had proposed a stub street to her property in the event that parcel ever redeveloped. She indicated to me that she did not want that stub street, that she would like substantial landscaping, berming and fencing from our development. So we did eliminate that stub street to her. We increased the width of our landscaped area here to 32 feet, so it could accommodate a berm, substantial landscaping and a fence. Johnson: While you are over there, point out to me Gurdner Lane and tell me how far that is from the corner? Bowcutt: Gurdner Lane is right here. This is one quarter mile, it would be just a little bit over — Johnson: Over a quarter, okay. Bowcutt: The other thing she wanted was she said I don't want dog-eared fenced. I'd like some type of fence, wood would be okay. But I'd like a cap on it or something that is aesthetically pleasing. I did talk with the developer and he said that he would be willing to install some fencing that would be acceptable, not dog-eared. One of the other questions was what do we propose as far as our fencing along the Ridenbaugh Canal. We intend to put wrought iron fencing just like we have in Los Alimitos. So it will match. It's a non-combustible permanent type fencing. The Fritzes live, I think they live right here. They attended our meeting. The comments that we received from were to the effect we're lower, our property is lower than this parcel so you sit up high, and that is correct. Our parcel does sit up maybe 15 maybe 20 feet higher than their parcel. They stated that they would like to see some trees installed along that perimeter where we adjoin their property there on the southwest area. I did talk to the developer and he said that there are some mature trees on the property that he will relocated and he said we could put some of those there and then add some additional trees. One of the other comments was they would like to see only limitation of one story homes only on that bench area there by the Ridenbaugh Canal. I did talk with the developer about that and his indication was he disagreed with the one story homes. What I told them is my experience with development throughout the valley, we have never had a restriction Planning and Zoning Commission May 12, 1998 Page 50 whether a home a single family dwelling could be one or two stories. It's basically a right. If you want to build one or you want to build two, there's a maximum height in every zone, which is typically around 35 feet in most jurisdictions that limits the height of a two story. The only time we have ever seen limitations on height would be when we are doing apartments, and someone wants to do three story apartment buildings which are very bulky adjoining single family. In those instances we have been limited to two story. Johnson: You can't argue point about the legality of it, but I know for a fact that concessions have been made by developers in order to get a project approved to include, for example, a row of single family one level single level homes, and I can show you some places in Meridian where that's been done. Bowcutt: Yes, sir. I believe I've had one project in Meridian, the Sherbrooke project where we designated certain lots to be one story; that is correct, but it is always been — it has not been a requirement, but a concession as you said by the developer. The existing city limits in this area are at Los Alimitos and Sherbrooke. They are both zoned R-4, which is consistent with what we're proposing here, so we do abut the city limits of Meridian. As,far as services are concerned, central sewer and water is available in this area. A sewer trunk line will come through Sherbrooke and Sherbrooke is currently under construction in phase one. We have two options. The sewer could be brought through here, or the sewer could be extended out Los Alimitos. We've also got water here and water located here. It has been the city engineer's comment as far as water is concerned that he wanted water to stay within a public right-of-way. So based on his previous comments, water would be extended through here, and then we'll put a street through here to bring the water like this so we have a connection and then we will put a separate lot here to run water through for future connection to that well. The sewer depth is sixteen feet right here. Ten feet here, and our preliminary sewer profiles, we have profiled it in both directions. All of these streets, and this can gravity flow into the existing trunk line. The property here is an elevation of 72. And back here you've got a finish grade of 52. So basically this property when you get to Eagle Road is 20 feet higher. So we do have the ability to gravity flow this into those trunk lines. One of the other issues with this project was a bridge. In the Sherbrooke project, we had a pedestrian bridge right here proposed. That was based on receiving Nampa Meridian Irrigation District approval, because a license agreement must be obtained from their board in order to construct that. The Sherbrooke development is trust funding for $15,000 for half the cost of the pedestrian bridge. The Thousand Springs project will trust fund for the other half of that pedestrian bridge. We are proposing a vehicular bridge connection right here to three bars which was stubbed out with a temporary turn around here in Los Alimitos. We will bridge the Ridenbaugh Canal, and make that vehicular connection. As you can see right here, this is the center section for this particular, I think section 20. In trying to figure out where's the best place to put a Planning and Zoning Commission May 12, 1998 Page 51 vehicular bridge, we looked at the entire section and evaluated what's around us. This is the future school or city park site that was set aside in Los Alimitos. It's about 2.4 acres. Just north of it is 4.2 acres set aside by J.L. Vogt Development Co. for a future school and park site. We in turn are setting aside this area here for a future school and park site and that area is 3.85 acres. Johnson: Talk to me about that area, because if my memory serves me right, that's basically a swamp. Bowcutt: When I went out there and walked through that, it was this winter. It was not swampy this winter. I have not been out there since irrigation came down the Ridenbaugh Canal. It is kind of low in there. The canal sits high. Johnson: If I remember a discussion earlier, one of the other applications, that parcel of land was offered to the city and they didn't want it for that reason. That's the way I remember it. Bowcutt: In my meetings with Jim Carberry of Meridian School District, Jim indicated to me that the school district wanted to see this set aside. That this parcel was set aside and this one to the south, then they wanted a chunk out of this one and then when this 80 here develops. Then they would extract an additional three to four acres in that parcel also. Between all those developments, they would have a property large enough for an elementary school. If they so choose. Johnson: They are looking at ten to twelve acres; don't they? Bowcutt: Ten is too small. Their preference now is about 12 to 14. Also right here in the G.L. Vogt property, is a 54 acre high school site that I assisted them in their negotiations with the school district. My company did a conceptual high school layout based on the Eagle. High School concept to provide them with a site plan to make a . determination on how that parcel would be shaped and how large of a parcel they would need. So this will be a high school site. The estimate that I've got from the school district is they believe they will need that within seven years. However, it will take up a bond issue to build a high school, but the land has been sold to the Meridian School District. So in making this vehicular connection eventually this will be a high school. And we'll have that connection this street comes up here by the park and would go into the high school site. The high school has a collector street that will come off of Overland Road for its primary access, so this would not be a primary access but more of a secondary access and a connection between all of these developments within the interior of this section. The highway district also asked for a pedestrian, half the cost of a pedestrian bridge here at the Ridenbaugh Canal. This is an undeveloped 80 here also. I think under the comprehensive plan, that's designated for planned use Planning and Zoning Commission May 12, 1998 Page 52 development or something like that. It has frontage on Overland and Eagle Road so you have an intersection there. It will most likely come in with some type of a mixed use. Maybe an office, maybe commercial, residential type mixed use. No one knows at this time. So we'll make that pedestrian connection there, but it will be one half the cost of that ped path, and it will not be constructed by us. But will be constructed when the highway district gets the other half. I'd also like to note that that would be subject to Nampa Meridian Irrigation District approval. I have spoken with them multiple times on these issues of pedestrian bridges, and they waffle back and forth. You talk to them one day, they say they don't want them, they will not approve them, and you talk to them the next day, and they said well, maybe we will accept it if it's fully caged, so that we don't have any type of a hazard with kids playing on the bridge, jumping off, using ropes to put a little boogey board or something along that line. One of the other things that we did is we set aside the well lot here for a future city well lot. The well lot is .32 acres. The future fire station lot is 1.41 acres. Johnson: Show me both of those again. I was looking down. Bowcutt: This is the well lot. This is the fire station lot. This is 1.41 acres and this .32. We determined the size of this based on our past experience with a fire department and a future fire station site and that was with Whitney Fire out south off Maple Grove. And so we were cognizant of the fact those trucks need to pull in and be able to loop back out and so forth. And so we tried to make it large and as deep as possible. The city requires landscaping along the perimeter of Eagle Road because it is a corridor. We have allocated, I believe the city requires 30 feet, we've allocated 40 so we can do some berming and some nice landscaping. Along Victory Road, we have 30 feet. We have approximately 5.2 acres common area throughout the project. That would the area that you see in green with trees excluding this. This is not calculated into that. We have a collector road that comes in to this intersection here. That collector road no homes would front on that. It'd have landscaping along it perimeter. We have a collector street that comes into this intersection. The same holds true here. We'd have landscaping along that perimeter. The highway district has also asked us to put a stub street through this one common area here to a parcel that sits right in here. It would be north of Mrs. Glick's parcel, so that stub street would not go into Mrs. Glicks. They asked for a stub street at this location and this location. So we have provided for interconnection within this section and other undeveloped parcels and then the bridge. The bridge alone, the vehicular bridge is going to be $300,000, and that is determined by Ada County Highway District, so it is a very expensive endeavor. It will have to be engineered. It will have to have license agreement from Nampa Meridian. But we feel it is important to make that vehicular connection within the interior of this section. This is the opportunity to do so. We've created a little park area right at the entrance. One thing I dislike is in subdivisions when you come at an entrance and you have a buildable lot right there at that intersection because you do see a lot of traffic come through here r Planning and Zoning Commission May 12, 1998 Page 53 and someone trying to back in and then you've got cars ingressing here. So that is not a buildable lot, that would be like a park lot. We could put a little square in there. We've talked about various ideas, waterfalls, landscaping, etc. Multiple things to make it attractive so that our entrance has some character. We did submit a variance application for review by the city council. That variance deals with exempting the Ridenbaugh from being piped because it exceeds a 48" and secondly we do have some blocks lengths that exceed 1,000 feet. And the block lengths primarily are around the Ridenbaugh Canal, and when we deal with an irrigation canal of that size and that length, our block lengths get too long. We cannot break them up because you just can't put a street that goes no where or a micropath that goes no where, but we did try to break them up with micropath connections, and provide some interconnection. The green areas that you see at the end of some of those blocks, those are for storm drainage. Johnson: What is the length of your longest cul-de-sac? Bowcutt: I don't have any cul-de-sacs that exceed 450 feet. Johnson: That one there. Bowcutt: Which one? Johnson: Coming straight down to the property edge, how long is that one approximately? Bowcutt: This one right here? This one I believe is right smack at 450 from center to center. Johnson: Yeah, it looks like it's right at our limit. Bowcutt: It is right at your limit, I believe without measuring it. And that will be a permanent cul-de-sac, but will go on because we've had problems with temporary turn arounds in the past, and how do you deal with them? How do you keep the lot owner from tearing out the asphalt. The city has had many concerns. So we decided we'll just put in a permanent turn around with a little notch for extension to the south and the lot is big that we don't have to worry about encroachment of the temporary turn around into it. One of the other items I would like to bring up is the fact that we are promoting detached sidewalks internally within the project. We'd have five foot sidewalks on our perimeter, Eagle Road and Victory. Those would be within the right-of-way. I believe one foot off of new right-of-way. And we would be installing left hand turn base, that was a requirement of Ada County Highway District on Eagle Road and on Victory. But internally we will have detached sidewalks that will be four feet from the back of curb. Planning and Zoning Commission May 12, 1998 Page 54 What that allows us to do is you have a landscaped area, and you create a boulevard affect. If you guys have ever been out to Bay Hill Springs, that project has it. Edgeview Estates, the Legend Subdivision, we've done it in all three of those. In staff's comments, they indicated their preference would be to expand the right-of-way to incorporate the detached sidewalk. However, our preference is we leave our right-of- ways at 50 feet and we have the sidewalk on an easement. The overhand of the sidewalk is two feet on each side of the street. That's based on a 36 section from back of curb. The old section is 37, but the highway district will be changing that as of July, so they have given us the option of doing a 36 section or a 37 foot section. So on the cross section you see on the corner, it shows a two and a half foot overlap, but that will be a two foot overlap. We've done it in the past. It works very well. Your setbacks are the same. The home owner is responsible for mowing that grassed area and planting the trees. You govern it through the covenants, and that dictates consistency and landscaping. Typically those trees in that four foot area are trees like flowering plums, flowering crab apples, those types of trees. They are a more decorative tree. They don't get large so that you don't have the roots in twenty years tearing up the sidewalks. And it creates a very nice tree canopy as you drive down the streets. I went to a class a couple of years ago on transportation and better transportation planning, and that was one of their recommendations to detach your sidewalks. It makes the pedestrian feel more comfortable walking down the sidewalk because the sidewalk is detached from the back of curb. They feel safer. Also when you get the trees to that point of maturity where you've got a tree canopy, it has the illusion of making the roadway that is the asphalt surface appear narrower than it is in reality. Therefore, people have a tendency, it's been proven and tested, people have a tendency to go slower through the neighborhood. It's a good concept. It really works, and we think it make a lot of sense. When you go through subdivisions that have detached sidewalks and then you turn and you drive in one that does not, it looks like a sea of asphalt and a sea of concrete, back to back. But just detaching four foot makes a world of difference. I think that's all the comments that I'll make concerning the annexation. I'll go — I'd like to go through my answers to staffs comments concerning the preliminary plat on the next item if you don't mind. Johnson: Okay, thank you very much. I want to congratulate you. We've come a long ways. I remember three years ago every other words was basically. Do you remember that? Bowcutt: You lectured me on that. I don't think I've said that tonight, did I? Johnson: Not once. That was great. I love it. Bowcutt: Your opinion matters. t €r Planning and Zoning Commission May 12, 1998 Page 55 Johnson: I having a little of influence. Take off for me the amenities to the city because normally on a project this size that's what we look for. So we've got the fire station. Bowcutt: The fire station parcel. Johnson: And we've got the well site. Bowcutt: The well site, the matching parcel to match up with those for a future school or park. I don't know which way it's going to go. And I don't think anybody is quite sure. Johnson: And the ownership is different on those other parcels, right? Bowcutt: The G.L. Vogt parcel was deeded to the city of Meridian about a year and a half ago. The parcel within Los Alimitos, the school district has a five year option that they may exercise. If they not to exercise the parcel is deeded to the City of Meridian, and that's on that final plat. So it's between the city and the school district basically on what transpires. Jim Carberry told me — we asked him if he wanted a school site in this parcel. His comment to me is why should the school district pay for a site in this parcel or in the Sherbrooke parcel -- we also offered to him in this one — when I can get one free here. So if we need one in this section, we will build it here. Johnson: Well, that makes sense. I understand with the cost of land and everything. But that's the total amenities, right? Bowcutt: Those are the amenities that we are proposing, yes, sir, and then obviously the landscaping for the aesthetics. Johnson: Okay, I don't have any questions. Questions of Beck? Borup: I'm very interested in your park and school site. Could you clarify you said the Vogt land has been deeded to the City of Meridian? Bowcutt: Yes, sir. Borup: And then the City of Meridian would need to sell it to the school for it to become a school site? Bowcutt: I'm not sure how that would work. I don't think anybody ever talked about the city selling it to the school district. I think— Borup: How does it become a school site then? Planning and Zoning Commission May 12, 1998 Page 56 Bowcutt: The discussion was if the school district needed it for an elementary site, then the city would grant it to the school district. I never heard any discussion that the school would purchase it. Borup: Do you know how long ago that happened, the deed? Bowcutt: It was done when the high school site was sold to the school district which was I would say probably a year and a half to two years ago. Borup: I don't think the parks commission is aware of that. That's interesting. Your understanding ten or twelve acres is what they need for a school site, and that includes playground area etc. I assume. Bowcutt: In twelve to fourteen acres, yes. Borup: Right now the three parcels total up to 10.25. Bowcutt: These three? That's probably correct. So they would need probably at least two acres at a minimum, maybe three out of this 80 here, and then you'd have the four pieces of the puzzle. Borup: How much of that would — if it was done as a dual site, how much of that would be school site and how much would be usable as a park site? Or is it too early to tell that? Bowcutt: To give you — Borup: I'm interested in the park. Bowcutt: Okay, to give you an example I did a joint use school and park site in Edgeview Estates on Cloverdale Road. It lies next to 1-84 on the north side. We did a joint elementary school and Boise City park site. The school district had seven and I believe Boise City had seven. It was just 1 believe a little over 14 acres, and it's utilized currently as joint use site. Borup: Okay, thank you. Well this is more of a curiosity question, you was talking about the bridge being built and a bridge trust set aside between the two subdivisions. That is set aside for who to build at a future point or ACHD? Is that what's that set aside for or why the developers go ahead and just build the, bridge? Planning and Zoning Commission May 12, 1998 Page 57 Bowcutt: Typically when we trust fund the highway district, if it's a two party trust fund when the second party comes in the second party builds it. Borup: So you are waiting for the development to reach that point? Bowcutt: Yes. Borup: Question on the detached walks, and I agree with what you were talking, the question I had with the right-of-way staying the same. Is there any increase in your — in the covenants talking about any increase in the setback on the house? What does that do to the driveway lengths? It looks to me like you are losing two feet out of the distance from the property to your garage. Assuming the garage is out front. Bowcutt: Technically you wouldn't — Borup: -- 20 foot setbacks to the house from the property line? Bowcutt: Yes. Shari and I kind of had a discussion on that. I think Shari's comment to me was you know, special setbacks, she can correct me if I'm wrong are difficult to administer if each subdivision has different setbacks. As far as your driveway length, if you can envision it, if the back of the curb, you would have where your driveway intersects, you would have 4 feet of concrete then you would have 5 feet of sidewalk and then your driveway would have to go 18 feet to get to the garage if the home was set 20 feet from edge of right-of-way. Borup: But theoretically could have 18 feet from the sidewalk to the garage then, is that what you are saying? Bowcutt: Correct. From the edge of the sidewalk, the driveway technically could be 18 feet if the home was exactly at 20 setback. Borup: So John couldn't park his big Lincoln Continental there in the driveway very well. Bowcutt: Is it bigger than 18 feet? Prior: Is that what I drive? Bowcutt: You mean as far as would it hang out in the back of the sidewalk? Planning and Zoning Commission May 12, 1998 Page 58 Borup: I maybe wrong, I've always assumed that one of the reasons for a 20 foot setback is you got a car comfortably in the driveway. I don't know if this is going to be a concern here. Some big vehicles — Bowcutt: Are they 20 feet? Because of a lot of garages are — Borup: I don't know anymore. There used to be. Bowcutt: A lot of garages are 20 by 20. Borup: Yeah, and there's some cars that won't fit. Bowcutt: Yeah, some you've got to pull right up against the wall. I think a full size, the old full size station wagons, I think you've got to pull them right up against the wall to get them to fit in a standard 20 foot deep garage. Borup: That's all I have at this point. MacCoy: Becky, on the well site, was that picked by you people or do you work that out with the city? Bowcutt: I did talk with staff over the phone as far as what would be the best location. The comments I received one, they would like access to it. Good access, vehicular access. Two, they said that the closest city well is over at Locust Grove and so the location even though I believe it was on your comp plan as being here at the intersection, that the best location for our site would be up against Eagle Road which would separate those wells by one mile and they felt that if we could get it within that Eagle Road corridor, that would be acceptable. MacCoy: Are you talking to Gary Smith? Bowcutt: No, I talked to Bruce. MacCoy: On the fire house, and I remember it was down in the corner, and so you mentioned about sizing the land on that. Did that come out of Kenny Bower or did it come from just your past experience or what? Bowcutt: The size of it came from our past experience with Whitney Fire Department on a satellite fire station for them. I did not send A copy to Mr. Bowers for his review. I know Shari sent one and he did send a comment sheet back, but there was no discussion concerning is this acceptable in depth and length? Planning and Zoning Commission May 12, 1998 Page 59 MacCoy: You're not planning to design the fire house are you? Bowcutt: No, sir. MacCoy: I just wanted to find out. Bowcutt: I just want to make sure it's big enough that somebody else can do that. MacCoy: That's what I am worried about because I've got a responsibility on the fire houses that I came up with a plan, and I want to be sure we've got the right property and the right sizing. Bowcutt: Yes, if it required some additional depth, I do have some leeway within that block that it adjoins to pull those lots over. Those lots are deep. I think they are 120 1 think at the narrowest point, and then as you can see these lots are very large so if one had to say shift that over in order to give it a little more width, it would be possible without any detriment to the plan. I would like to have some specific comments from the fire department on that site. MacCoy: I see that since we are at this point in the game now, you will receive some now because we are getting down to the point. One of the things of course in our case is money, but we've got some plans put together now for the four satellite houses. The one for Cherry has already been laid out so we have some real plans for these things now. Bowcutt: We could even blow that up to scale on at a larger scale if you know what scale your fire house plan is. Then we could blow that up on a transparency for you to overlay on to your site plan to make sure. MacCoy: Okay, we'll get back to you with that. And remember that other property we had the last time we went through this whole process, one of the problems we had was the entrance to the land off of Victory, I think it was off of Victory, and we asked for a second egress off of the same property some place else. Do you recall that? Bowcutt: No, sir, I don't. MacCoy: It was a hang up for a while. Johnson: I thought it was the property to the west of that where Sherbrooke is now where they asked for that other access. That's the way I remember it. MacCoy: Okay. Planning and Zoning Commission May 12, 1998 Page 60 Johnson: We're talking years ago. Bowcutt: As far as the approach, the highway district has — they will allow an approach here at the joint property line with the well lot. And then they will allow the fire department another approach within that area there, so there will be two approaches to that future fire station. MacCoy: Okay, I want to pass. Smith: Can you tell a little bit about the school site? How much did we pay for it? Bowcutt: How much did the city pay for which one? Smith: How much for the school district or the city — are you proposing a price for this — basically it's a worthless piece of land. Bowcutt: No, sir. Smith: Well, I don't see how you are going utilize that area with the way your tie is proposed right now to Three Bars Drive. Bowcutt: To answer your — Smith: -- little chunk of land there. Bowcutt: To answer your question, this right here, are we charging a price for that? No, sir. It is a gift. Smith: Great. Bowcutt: For the record, the property for the fire station, the property for the well lot, the property for the future school and park site is a gift to the city. Smith: Well great. That takes care of that right now. Johnson: If it's free you don't care how bad the land is. Smith: I'm really impressed with that because it's seems to be a totally foreign concept around Idaho that developers come in and actually donate land for schools, parks, etc. and I'm impressed. I haven't seen it since I've been on the commission, so let's not dwell on that. Planning and Zoning Commission May 12, 1998 Page 61 Bowcutt: Mr. Chairman, Commissioner Smith, one thing that facilitated that was the city coming up with a concept for each one of the developments around that middle section corner to provide a little bit. It's really difficult for a developer just to hand over 14 acres to the school district free of charge or hand over ten acres to the city free of charge for a park. When each of us gives — when everybody gives 2.4 to 4.2 acres, it works great if they can afford it. Johnson: It's all relative to the size of the development, and Byron's right, we haven't had any applications of this magnitude I don't think since you've been on here. Smith: No. Johnson: But the amenity thing is what I was referring to earlier is gifted, and we should continue to insist on those or request those whenever possible. It doesn't make sense when somebody is developing nine acres. Smith: All right. Then the concept along the design of the homes, I'm assuming that this is going to be your typical single family home development where when you drive down the street, you pretty much looking at garages. Bowcutt: As far as the style of the homes, I don't bring with me elevations of the homes that are going to go in there, because I don't know what those homes will look like. I understand what you are saying. The City of Boise has been echoing the same concerns. You drive through, you see a very large three -car garage and then sometimes you see maybe 25, 30 feet of house tucked back behind the garage. One of the things that the City of Boise is doing is reducing setbacks, front yard setbacks if one is to have a side entry garage to promote that. The other issue is promoting alleys so that you alley load the lots so the garages are in the rear. Those are two concepts. The latter is the least accepted in this valley. People here have not been really willing to do that. The developers, the builders, some of the cities have frowned on it. I've got a test case right now in the City of Kuna called Suffers Mill Subdivision. It's off Ten Mile just south of the tracks, if you are ever out in that area. It has alley loading lots. Up to this point, it's been very successful, but the developer had to go back east and get plans for his builders to build these because they don't have anything like that and builders are reluctant to go out and have an architect draw all new plans and trash everything that they have developed over the past few years. Johnson: We had an application like that a couple of months ago. f Planning and Zoning Commission May 12, 1998 Page 62 Bowcutt: So as far as what these houses look will look like, they'll be probably consistent with what you see in Salmon Rapids and Los Alimitos. Some may be very stacked and look like all garage. Some homes are very attractive. It all depends. Smith: It seems like it would be difficult with some of the dimensions on some of these lots to get into a side loaded garage kind of situation anyway. Bowcutt: Yes. Smith: The way this is designed right now. I have personally been involved in some alley loaded home designs in the Boise area myself, and they'll be getting geared up to sell those this summer, so we'll see how that goes out at Hidden Springs. I guess that basically answers the questions that I had on that. Johnson: Okay, thanks. Anything Mark? Nelson: No, thank you. Johnson: Thanks Becky. Anyone else would like to come before the commission on this? I assume that's why you people are here. Yes, sir. MARVIN HANSON 2460 E. VICTORY ROAD WAS SWORN BY THE CITY ATTORNEY. Hanson: I'm not sure on here where my boundaries are. Can I come over there? Johnson: Yeah, take that mike please. Hanson: My property is right along here. I have the pie shaped piece and I'm not sure where it ends up here. On the plat that we did like three years ago, it was all marked out. But I counted maybe ten homes that are going to be in my back yard. Last time we went through all this and we reduced those homes way down and they agreed to single level houses. And I would like to see that done again. I have planted over 50 trees here just in the last two months as a border. They are just small trees. It is going to take them several years. Like the neighbors, our land is down. It's the canal, then the other land slopes way up. There is more than 15 feet. There is probably at least 30 feet before you get up on the flats up here that looks down over my house. I would really like to see those as single story houses. I know that when I built my house, I could be up on the roof putting the shingles on and I couldn't see up on the flats up here. It's that much higher. I can't— like I say I live here. Bogus Basin is up here. I can't even see the peaks of that over this raise in the land right there, so it is considerably high, so I would like to see single story houses, and I would like to see Planning and Zoning Commission May 12, 1998 Page 63 trees planted along here on the other side of the canal, the other side from me. I have put my trees in. It's just going to take them several years. Bushes, berms, fences, they are not going to do any good because of the slope of this property here. If they build houses here, by the time the yards come here to the canal, there's probably going to be maybe 15 — 20 feet in elevation difference. So I would like to have some larger trees planted in there, and they have put one tree in there right behind my house. Why one I don't know. They have planted several other up in there, but they would be further up in here. I don't know what their reasoning is unless they are just transplanting them there now for a place to have them for later. I don't know that. Thank you. Johnson: Any questions of Mr. Hanson? Borup: I have a couple. Do you know how far your house is off Overland? Apparently your house is back tucked against the canal; is that correct? (End of Tape) Hanson: ...a hundred and fifty feet off of Victory Road. Johnson: Thank you. Borup: And you're back in up in there. Hanson: It's a pie shape. Borup: -- on the west side of your property. Hanson: Actually my house is pretty much in the center of my property. Well, it would be off more to the west a little bit because I do have the triangle pie. Borup: How far away are you from the canal is what I'm wondering? Hanson: My house, I'm not sure. I do have a shop that sits back behind my house. And when I built the shop, I had to stay off of the right-of-way of the canal, and I believe I'm probably I think the canal right-of-way was 20 feet and I'm ten feet more than that. So I'm about 30 feet off the canal. Well, not the canal, there's Nile Mile drainage down there, so I am off of that also. Borup: The drainage is south of the canal? Hanson: Yes, it is. Borup: So you're from the drainage and then you've got some more and then the canal and then — do you know the — t Planning and Zoning Commission May 12, 1998 Page 64 Hanson: There's my shop about 30 feet, nine mile drainage and then above that is the canal right next to it. Borup: Do you know what the canal easement is by chance? Hanson: I thought it was 20 feet, but this has been about four years, I built my shop, so I don't remember for sure. Borup: 50 feet on this application and they're usually to the middle of the canal I believe. So I am assuming that (inaudible) They've got a 50 foot right-of-way to the centerline of the canal. Hanson: Mine could have been 50 also. Borup: Well, I would put about a hundred feet — I'm trying to get a feel from how far away your house is from the subdivision. Hanson: I would say my house is probably to the center of the canal, is probably — are you talking about my house or my shop? Borup: Your house. Hanson: Okay, probably 75 to a hundred feet. Borup: Well, the easement is more than that. Hanson: No, you just said it was — Borup: You said there was another drainage between your house and the canal. Hanson: The drainage is right next to the canal. You've got the canal and the road for the canal, and it's just right at the base of the road. Borup: You mentioned you had a concern for two story houses along that property, I'm not sure why. So you can see Bogus Basin. Hanson: No, I just don't want a bunch of people looking down. Single story house, they are going to be bad enough especially if they put in all these that they are talking about. I moved out there to be away from all this, and I didn't realize it was coming in so quick and that it would be so dense. Planning and Zoning Commission May 12, 1998 Page 65 Borup: Okay, that's all l have. Thank you. Johnson: Anyone else? GORDON HARRIS 2825 S. EAGLE ROAD WAS SWORN BY THE CITY ATTORNEY. Harris: First of all I'd like to thank Becky Bowcutt for moving that fire station from my driveway down to the canal. That was really a major concern of my wife and I. Another thing our property sets right near here. And we have a street coming into the back of our property and we're zoned for five acre lots, and so I don't see the need for having a street coming into the back of our property there at this time. What I would like to ask for is the sewer connection come here at the end of the cul-de-sac and if I had to. -pay fQr the difference — they got I think on their plat, they've got a man hole sitting about right dere. I would pay for the extension on to my property, because all of my property will rain west and north, so I guess that was my only concern. Johnson: Does that street have a name on it there? Harris: This is E. Sheep Creek and this is Molly's Way. Johnson: Okay, any questions of Mr. Harris? Thank you. RUTH FRITTS 2384 E. VICTORY ROAD WAS SWORN BY THE CITY ATTORNEY. Fritts: We border the property on the back of the Ridenbaugh Canal. In this area right here. We did ask Sherbrooke Hollows Subdivision to limit this tracking of houses that borders our pasture to be single level houses, and they agreed to do that. Our house sits — Johnson: Excuse me, have they built any homes on there yet? Fritts: No, sir, they have not. They are still in phase one. This is phase three. Our house sits about 175 to 200 feet off of Victory Road. So it sits towards the back of the property. You would probably see about 200 feet into the 24 and 17. Right now basically if they were to build two story houses, they would cut off our view to Bogus which in turn cuts out T.V. reception, everything else. We are going to have to go to satellite dish in order to be able to get some kind of T.V. in this area. Johnson: Excuse me, does your property but up to Mr. Hanson's or is there — Fritts: Yes, sir. We are neighbors. My other concerns was the right to farm. We do have cattle out in that pasture area. We have had problems due to the housing in the Planning and Zoning Commission May 12, 1998 Page 66 Los Alimitos area with pedestrian traffic and animals, uncontrolled animals on the Ridenbaugh Canal. We have had dogs come through our pasture and attack our dog in our own back yard. The traffic on the Ridenbaugh has increased tremendously including up to midnight and 1:00 A.M. in the morning. You see cars up and down that Ridenbaugh because of the increased housing around the area. I feel with the increased housing that they are going to put in this area, that that traffic is going to increase even more especially with children. I'm concerned about park areas. As you notice the park areas are only basically at your street stubbing out on to the main streets. If I was a parent I wouldn't want my children playing in a park area that borders one of the main streets out there, so my concern is where are they going to go play? The other concern is the increased traffic on Victory and Eagle Road. The stop sign are not going to be adequate for us to be able to get out and get to work. Basically you are talking 330 homes, possibly 1.5 to 2 cars per day going out of there trying to get access to the freeway. So basically they are going to come out either, have to come Victory, go back towards Meridian, access Meridian Road or they are going to be on Eagle Road. And if you will notice in the plat too, which Becky says that most of the lots are 80 foot frontages, if you'll look in there, there's a lot of frontages that are 40 feet to 70 feet. Those are really small frontage lots. And then you'll notice too approximately 5 to 6 acres of easement of the Ridenbaugh Canal is included I think you'll find in that 2.72 dwelling units per acre which will put your dwellings per acre a lot higher than that if you take into consideration for those easements. Most of those easements along that border our property are at least 50 foot. And the last thing I had is I had a question, there was a plan at one time to make acre and five acre lots in between subdivisions and farming. For some reason we have deviated out of this. I would kind of like to know where the planning is going for if this subdivision comes in, how far do I have to move out. I chose to live in the country, not in a subdivision is the reason why I'm living where I'm living. How far do I need to move out? Johnson: Any questions? MacCoy: I have one question. You say the traffic on the canal road, is that a dirt road? Fritts: That is a dirt road. MacCoy: It's a service road, isn't.it? Fritts: It's a service road and there are people up there. MacCoy: On foot or car? Fritts: Car, with a car. Our house sits where the bedrooms are facing Victory so our main portion of the house, the living room, kitchen, dining room, all sit to the back of the Planning and Zoning Commission May 12, 1998 Page 67 house. So we never close our blinds on that because basically we don't back up to anybody but the canal, and you see these people driving all night long. I have called and complained and basically unless they can catch them there is nothing they say that they can do. MacCoy: I think it's interesting the fact that in some of the canal roads I've seen, they've got them gated so that only the canal people have a key to the lock. Fritts: So they are gated? I know down by the Hanson's, there is a gate there, but they use the Hanson's property to go up and around the gate. MacCoy: Where there's a will, there's a way, I guess. Okay, thank you. Johnson: Anyone else? GARY ALLEN 277 N. 6T" STREET WAS SWORN BY THE CITY ATTORNEY. Allen: Thank you Mr. Chairman, members of the commission. I've been retained recently by Mr. Jim Griffin who owns the property, the large undeveloped property just to the north of the Ridenbaugh Canal. He's asked us to observe the proceedings tonight. I'm not here to either support or oppose this subdivision, but what we'd like to ask is for just a little more time to look at it. We would simply ask that the record be kept open for written testimony until Friday so that we could look at this a little further and offer some more comments. Johnson: Yeah, that probably won't happen. But there are other opportunities for you because this would go on to the city council. It just depends on what the commission decides to do tonight. You would have an opportunity for additional testimony is my point. Allen: Okay, thank you Mr. Chairman. Johnson: Any questions to Mr. Allen. Would you point out to me where the properties are on the map, please? Allen: Yes, I will. This is the property right up here. This undeveloped property. Johnson: Okay, thank you. Borup: Question for Mr. Allen. Does this property go clear to — is this the property referred to as fronting on Overland also? Planning and Zoning Commission May 12, 1998 Page 68 Allen: I believe it does front on Overland. Borup: So you've got fronting on both Overland and Eagle. Allen: Yes. Borup: At this point, did you client have any plans, any tentative plans? Allen: Not that I know of. I have just been brought in this afternoon actually to look at this. I don't think there are any short term development plans. Borup: And specific concerns? Allen: No, not at this point, but like I say, we would like a little more time to take a look at this. I hadn't seen the plat before tonight, so we'll take whatever opportunities we're given to take another look at it. Smith: Mr. Allen, What's your profession? Allen: I'm an attorney with the Givens, Pursley law firm. Smith: Thank you. Johnson: Anybody else would like to come forward and discuss this. BOB FRITTS 2384 E. VICTORY WAS SWORN BY THE CITY ATTORNEY. Fritts: My question is, my wife didn't bring it up is the safety part on the Victory access and that is at a down point on our road. There is a lot of traffic. There's a lot of high speed traffic and it's a very unsafe area as what the Eagle Road is. All the wrecks on Eagle Road happen right as you rise up over by the dairy and both places are very unstragic places for access. They are absolutely horrible. I just think that something needs to be done about that. And then the other thing of course is two story house problem. I talked to Becky, and I said I would like to have the developer come sit in my front room in my chair and look at my view. Because we are going to lose it and I think it's real important to me. So the safety aspect and the proximity of where we want to live is real important. I think that's a real safety problem. You guys better look at that safety problem. Just high speed traffic on that road, it's not patrolled and it's a problem especially motorcycles at night. They are just smoking through there. Smith: Mr. Chairman, I did notice the slope on Victory Road too when I visited the site and it was a concern of mine too, but I didn't see anything in ACHD comments about it. i Planning and Zoning Commission May 12, 1998 Page 69 I can a potential hazard there, but I'm surprised they didn't address it. They are the ones that have jurisdiction over there. MacCoy: Well, in past work we've done with ACRD, they have noted that one in that area of Victory as well as the one on Eagle, that hump in it. It's really a nasty place. Smith: Well, did I missed something on ACHD comments because I didn't see anything. MacCoy: No, I didn't see it either, but I just know the past history we've had them make comment and actually make a statement about the one on Eagle. Smith: I think they did talk about a deceleration lane and so forth. Johnson: Anyone else? NANCY HANSON 2460 E. VICTORY ROAD WAS SWORN BY THE CITY ATTORNEY. N. Hanson: I have a letter that I've written for you and so I'll bring you a copy and I'll just read it to you. As we have stated in several prior letters and at several prior hearings as this and other nearby property has been developed, we believe that Meridian should stay with its long range plan which states it will have a buffer between dense population and rural property. We live on four acres, and most of our neighbors have acreages or farms. We do not believe that R-4 zoning adjoining acreages is in keeping with your long range plan. Going from 121 Y2 acres of farmland, which I think currently has 2 houses on it to 121.5 acre subdivision with 330 houses on it is a major impact to the community. Core services in the Meridian area will be stressed by this subdivision and traffic as the engineer from Briggs Engineering pointed out to us, each house generates an average 10 car trips per day. Simple math tells you this means 3,300 cars driving in and out of the subdivision every day. This causes for wear and tear on the roads and highways in the area. A higher threat of accidents, and more frustration and stress of current residents. In schools, assuming a low average of two children per household, this means 660 additional children in our schools. Of course this is not the only new subdivision in the Meridian. Do you consider the number of potential students when approving the numerous new subdivisions? Is the school board given a vote and allowed to be part of the planning and zoning process, and although the developers give acreage to the school district, there remains the major problem of paying to build a school, to furnish it and then to continue to pay the personnel and operating expenses to run and maintain the school. The land is the cheapest part of the deal. In core services, finally 330 houses with an average of 4 residents per house will mean 1,320 people added to this community, more stress on police, fire stations, water, sewage, etc. Although this subdivision will be using city water, this additional water has to come Planning and Zoning Commission May 12, 1998 Page 70 from somewhere, and can you guarantee this will not stress and drain current wells? In case you approve this subdivision, we think it will probably happen eventually, we specifically would like the following conditions imposed for the area bordering our property. First of all are larger lots as a better buffer between density and acreages. Second would the single level houses. Third is a visual screen of trees and fourth, would be the guarantee of compensation if our wells dry. We know that Meridian wishes to grow in order to keep a prospering economy. However, does it really have to grow at this rate? Do you want your long term goal, your very final outcome to be a town supporting an agricultural community, or a town surrounded by a sea of houses only a few feet apart? Thank you for considering our request. And I did have a couple of comments also. One of them is on the size of the lots on the chart. And I wanted to thank you for having the chart put up where we could see it during the meeting. It really helped. But anyway, they look much bigger than they are because of the easement not really showing on the canal. It goes to the centerline of the canal. And like we live on four acres, that's what we consider it. But if we considered the easements of the drainage, the nine mile creek and the easement of the canal, we really have six acres. They call it two —1.79 acres of waste acres. So you they are really not there. I think that's all. Smith: Ma'am, where about do you live? N. Hanson: Same address. Borup: One question, Mrs. Hanson, you mentioned on the farm ground, do you know what crops are currently being harvested on this farm? N. Hanson: There has been corn that they've grown in years past. Sometimes it's alfalfa. It rotates. They use different crops. They are using it as farmland. It's just sitting fallow. It's not just weeds. Johnson: I'll just make one comment. You asked several questions which are rhetorical — N. Hanson: I know. Some of it's emotional, but — Johnson: I have an answer to one of your questions. You made a comment does the school district get involved in the long range planning and the comprehensive plan, and they are a very active ingredient in that. The current comprehensive plan is outdated. It was done in 1993, that year on the wall up there, and it will be revised soon, but there's a section in that comprehensive plan that is almost totally the work of the school district and it has to do with school naturally. Planning and Zoning Commission May 12, 1998 Page 71 N. Hanson: Well, I asked it because several times we've come to meetings and the administrator of the schools or the superintendents of the schools had commented he didn't support the subdivision for different ones. And also there are times in the paper when the school districts are saying they won't allow more students to enter the schools. The schools are too crowded and so you know I asked that because sometimes the subdivisions are approved when there's no schools to have the kids. Johnson: Absolutely true, and that's because there's a working relationship between the city and the schools, but we don't have any jurisdiction over the schools, and vice versa and Meridian School District is much more than the city of Meridian as you know. But we do work a lot closer with them than we used to, and we do have a letter from the school district on this application tonight, and it's kind of a standard, but it does talk about just what you said stressing the system and adding additional, etc. etc. We're trying to develop better relationships, and 1 think we are well on our way of doing that. In the past, they were almost at odds with another. I've been around long enough to remember those days. We're working closely with the schools and doing the best we can. Short of a moratorium, there isn't a whole lot you can do with growth. N. Hanson: Well, we were hoping that you would only allow larger lots at least so that is a little bit slower growth. We were hoping for one to five acres, and I know (inaudible) Johnson: -- I just looked at some of the square footage on those lots, and I know this isn't going to sound good to you, but those are almost double some of the lots that we've worked with on a daily basis, because they are 15-14000 square feet. And you know our R-4 zoning is 8,000 square feet a lot. In other words what I am saying is they could be a lot smaller lots. I know that doesn't make you feel good. N. Hanson: No, we were hoping for one to five acres like I said, but you know. Johnson: Anybody else? M. Hanson: I had contacted Nampa Meridian Irrigation District about the traffic on the canal, and they more or less just told me we don't care, but like the neighbors said, it is a problem. You get these kids up there in Honda cars, the pickups, and they are doing 30 to 40 miles an hour on that canal bank. And one question I do have that maybe Becky can answer to me, when this is all done and you have the vehicle bridge, is there going to be a way for those vehicles to get on the canal right-of-way road off of that bridge? Okay, that's what I was wanting to know. Johnson: And for the record, Becky shook her head no. Anybody else have a final comment? Final I'm hoping for. Planning and Zoning Commission May 12, 1998 Page 72 (Inaudible — off the microphone) Johnson: Yeah, what happen here is that's our main function is we gather information. That's all typed up. That's why we have the tape, and then that goes into our Findings of Fact if we decide that's what we are going to do tonight, and then all that testimony goes to the city council and those are the people with authority that actually have the ability and the authority to approve or disapprove subdivisions. Our main function here to get all the testimony we can so that we know every issue. And I had a question for you people since you brought it up. Did the Hansons attend this meeting at the Sandman? Were you invited? You called here okay. I just wondered if you had participated in that. Did you people who participate in it? (Inaudible — off the microphone) Prior: I am going to be stickler here, I think if some of these folks want to talk just to save Angel, our person who has to transcribe this, I would appreciate it if you folks come up to the mike.and identify yourself. B. Fritts: I just had a question — Prior: Sir, would you just identify yourself for me too. B. Fritts: It was just the — the thing that you said there was the 14 or 15000 square foot that these were bigger lots along that area, well that isn't the fact if you take the 50 feet by the 80, that's 4,000 taken out. That's not even close. So you take off 4,000 square feet, and you just have regular 10,000 square foot lot. It isn't a monstrous lot at all. There's six acres taken out just by that canal alone. Their density is over three. Johnson: Yeah, I think you are right. B. Fritts: Yeah, so there's nothing big about those lots at all. Do they get to shoot ducks or something, is that why it's out there in the middle of the canal or what's the deal? Johnson: Okay, anyway, good point. Anybody else got any good points? At this point I will close the public hearing. You have some comments? I'm sorry. Bowcutt: One to answer Mr. Harris' question. If that stub street, you know, I indicated it's a permanent turn around so it is not necessary that that street continue to the south into his parcels, but the highway district, if you've got a five acre parcel adjoining you, they always assume that eventually it will redevelop. As far as sewer and water service, we are required by the city to take it to our perimeter, so that it may continue on through Planning and Zoning Commission May 12, 1998 Page 73 any other parcels, so at no charge to Mr. Harris, sewer and water will be extended to the stub streets. Secondly as far as your comprehensive plan is concerned, the majority of this property I think is mixed residential on your map. So that could be apartments or townhouses or something along that line more in line with what the first plan was. What we have here is far more compatible and far superior to what was proposed originally. We do have the reality that we do have larger residential parcels in the areas. They are not farms, but they are more like hobby residential farm type parcels where they have cattle. They have horses. Maybe they do raise a little hay on a few acres, and so do have to be cognizant of that. And like the single family residential development I do feel that we can be compatible. That is 100 feet easement on that Ridenbaugh Canal, 50 feet on each side from the centerline. The access road for the Ridenbaugh Canal is on the west side of the canal, so the 50 feet on our side is just additional easement for canal maintenance purposes. In the past the irrigation district has been concerned about their access road primarily and has allow some encroachment on to the easement with a license agreement, and that's what we intend to do here. We did it in Los Alimitos where they had a 40 foot easement total for I believe the Hunter Lateral. We did a 30 foot separate lot for the Hunter Lateral and then we did 5 foot easements on each side and allowed the fence to encroach five feet on each side. That is what we are proposing to do here. We had wanted originally to take it just to the centerline, but staff said they would like the integral part of the easement to be within a separate lot, and I'd like to reserve my further comments on that when I run these conditions. I've been out to this property, I've snapped pictures. I believe the Hanson's house. This is a picture of the Hanson's house here. They have a one level home. And a shop right to the side of their home. I have an arial photo that is to scale. And in measuring from the northeast corner of the Hanson's house to the centerline of the Ridenbaugh Canal is approximately 200 to 210 feet. The Hansons as you can see by this map -- this is the Hanson's house here. This is the Hanson's house right here, this is their shop or garage. I measured off the corner of the house to the canal as you can see the black line is the canal. It's approximately 200 feet from the edge, would be the northeast quarter of his home to the canal. This property here is the Frittses, I believe. Aren't you just on the west side of the Hanson's? Okay, this is theirs. And do you have a barn or shop to your north and your house is toward Victory? Mr. Fritts has indicated that he is on the west boundary of the Hansons. And this is Mr. Fritts' house right here, and that house is — he's about 250 from his house, not from the shop and that is to the canal and then obviously our homes will be further beyond that because we will have our setback. No home can encroach within the easement. The irrigation district will allow fencing and landscaping, but they do not allow the dwellings. So I estimate that the closest house will be approximately 220 feet from our boundary, and we are willing to plant some type of conifer, evergreens, along this perimeter of this canal here where the Hansons, Fritts live. Mr. Goldsmith said I'll be willing to do that, and we won't put in something that's this high, we'll go with something that's more mature so that they grow quickly and try to create some type of a buffer. We want to be Planning and Zoning Commission May 12, 1998 Page 74 a good neighbor. We understand this area is changing. You have to understand this is near the Eagle interchange and this is a hustle bustle area that when sewer and water was brought out there a few years ago with the St. Luke's project, and then what's happening south of the interstate, this area has become prime for development. As you well know one and five acre lots are not practical when central services are available, and your own comprehensive plan discourages that, and basically categorizes that as urban sprawl that should not be allowed when services are not available and when services are available we need to follow this comprehensive plan. Lastly, I think Mrs. Hanson said something about the frontages. Just to clarify that for her, on 90 degree turns in cul-de-sacs we are allowed to reduce our frontages. They can go as small 40 feet. That's why you see the deviation, so I just needed to explain myself. On the straight aways we must maintain an 80 foot frontage. They've been a great bunch of people to work with, and they've been very nice. I have not ran across neighbors this pleasant for a long time. Most of the people in Meridian are pretty pleasant. Boise, that's another story. That's it. Johnson: Anybody have one last comment? B. Fritts: I don't care if I'm 250 or 300 feet. We want our privacy. We don't want two story houses, and that's it. I don't care what it is. Someone has got to come to my house and see what I got. It's just not right. So, that's where I'm at. That's what we're asking for. That's all we want. Johnson: Okay, are we finished? I will close the public hearing. Smith: Mr. Chairman, I would like to make a motion that we direct the city attorney to prepare Findings of Fact and Conclusions of Law on this item. MacCoy: Second. Johnson: I have a motion and a second to have the city attorney prepare Findings of Fact and Conclusions of Law. All in favor? Opposed? MOTION CARRIED: All ayes. ITEM NO. 17: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS SUB. BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD. Johnson: I will now open the public hearing. You may incorporate all prior testimony if that's your desire. Planning and Zoning Commission May 12, 1998 Page 75 BECKY BOWCUTT BRIGGS ENGINEERING WAS SWORN THE CITY ATTORNEY. Bowcutt: Yes, sir. Yes, I'd like to incorporate my comments made in the previous on the annexation. I want to hit the points in staffs comments which I think need explanation or discussion. One there was a question whether the developer intends to turn the system over, the pressurized irrigation system over to the Nampa Meridian Irrigation District. Yes, the developer does intend to design the system to Nampa Meridian standards and turn the system over to them. That is the intent if the district will accept the system. The property currently has water rights with New York Irrigation District, and we must transfer those rights to Nampa Meridian. I have done this before on two other projects, and Nampa Meridian Irrigation District facilitated transfer of the water rights. We have already sent a letter in reference to the District and we did receive a letter in reply. So, that is our intent as far as the pressurized irrigation. Staff indicates that we must have a second source, either a well or tapping into domestic water. We have not determined what our second sourcing will be. We will run the numbers and look at those alternatives. One of the things that hampers us is if we tie into domestic water as a second source, we must pay a hook up fee for every I believe 5,400 and some odd square feet. That's the equivalent to one residential hook up fee. So for every 5,400 square feet of common area, I got to pay $704.00, which I would like to go on the record, that doesn't make developers want to set aside common areas for their residents because they see that as a penalty. So we will be looking at alternatives such as a very shallow well or something like that or we may have to go domestic. I don't want to make a commitment at this time. As far as the Nampa Meridian Irrigation District easement, staff has indicated they want that to be a separate lot. We're not opposed to it being in a separate lot. But we would prefer with Nampa Meridian Irrigation District's approval of course to put the necessary required easement area as a separate lot, and then put the easement on our lots that are on that perimeter, or the remainder, excuse me, the remainder of that easement. I don't think this will cause a problem. We've done it other projects. This worked quite well. Why should the home owner pay taxes on that additional easement, land in the easement, when it can be utilized by the home owner. If it's not absolutely necessary for proper maintenance of the irrigation facility, and that's pretty much our opinion, and it has worked well in the past. Secondly the legal description for the annexation, there is a discrepancy between Sherbrooke's and Thousand Springs, and I'd like to assure the staff that we have somebody working on that and it's a glitch in the centerline of the canal. We had two records of surveys we were dealing with from two other engineering firms, and there was a little bust in where that centerline is located on the Ridenbaugh and we are fixing that. The vehicular bridge, we already discussed that. It will be constructed when we get over to that phase right there, that particular area. It will be platted when those lots that adjoin it are platted, and at that time it will be constructed. In staffs report, staff indicated that we must bond, at least it implied that I bond, for the ped bridges with the city. I'd like to go on the record that we are already trust funding doing cash bonds with Planning and Zoning Commission May 12, 1998 Page 76 the highway district, and that money hasn't come back to us. I mean it's like a trust fund. So there is a dual — there's kind of the city saying give us a bond, the highway district says write us out a check. We need to figure who is going to hold the monies. The highway district thinks they are. And that's what they put in their report. Also staffs report indicated where that ped bridge, the second ped bridge on the north, would be located. I believe they said lot 40 and 41 or something, highway district's current staff reports says between lot 33 and lot 34, block one. And each ped bridge will be trust funded for at the time we reach that particular area for platting. Secondly, I've already made my arguments on the five foot offset sidewalks. And why we believe that what we are proposing will work and will be beneficial to these home owners and be a benefit to the city. One issue I do want to bring up is the issue of calculation of frontage on corner lots. Your ordinance requires that the lot frontage be 80 feet, however, when we have an instance where we are on a corner lot, this one, prime example, here's a corner lot. It's 10,292 square feet, 115 deep, 88 feet wide. What transpired here about a year ago is the staff began saying that we could only calculate the frontage by minusing half of the radius. No where in the zoning ordinance does it say that is how you calculate frontage, and I questioned the staff on and they said well, how else would you do it. And I said no other jurisdiction calculates it that. And they said how do they do it. I said well, one, if the intent is the lot be a specific width, and the intent of frontage to maintain certain widths on the lot so you don't have somebody come in with a 50 foot wide lot and it's 150 feet deep, that's the intent, and we are meeting that intent. So what these other cities do is they come in to the lot 20 feet. That's the setback. Then they measure the lot. That's the width of the lot. But that's how the city of Meridian does it. So this particular lot which is 88 feet. The city will say okay, you have to put an arrow saying it can't face the long side. It must face the short side, so if I face the house here on Zim Way versus Kirkham Street, then these people end up with an extremely shallow rear yard. And they end up with this large side yard, which is not typically a functional yard. I've discussed it until I'm blue in the face, and I am still puzzled why nobody has resolved this issue, and it doesn't make a lot of sense to us. We've had an instance where a home buyer refused to buy lot. They said, no, I'm not going to face my house that way. I want to face it on the long side so I have a good backyard. But this lot, I've either got to make it wider or tell these people you've got to face your house this way, and I just don't feel that the code and ordinance states that so I question justification. It puzzles me. If the city wants to do it that way, then I recommend they adopt an ordinance that says that is how it's calculated. If that's inappropriate then they need to come up with another system, but using discretion (End of Tape) Bowcutt: ... as they see fit is difficult for us to work with. These gray areas need to be clarified. Staff also wants an extension of E. Three Bars Drive into the project; no problem with that to facilitate the water connection. Staff asked about additional easement line that we had running through here. That was just a computer glitch. It Planning and Zoning Commission May 12, 1998 Page 77 duplicated the easement line, and it kind of ran through those lots diagonally in a strange fashion; oversight on my part. Any questions? Johnson: Anybody have any questions? Borup: I don't know if I have a question, I would just like to speak in support of Becky's comments on the corner lots. I see no logic to it either. I understand keeping lot sizes, and I think the interpretation in the past has definitely done that. It looks to me like the city's getting a dictating private enterprise in how a person sites a house on the site. I do have a question for staff if they had any comments on the — and I like the specs of the offset sidewalk and especially with the landscaping. I think it definitely does make a nice street scape. I wonder if staff had any concerns on driveway lengths or possible driveway lengths. Freckleton: Commissioner Borup, I made the comment about the right-of-way width. They proposed a 50 foot wide right-of-way with the encroachment of the sidewalk into the private lots. It's always been our opinion that public street improvement should be contained within the public street, and in Mr. Goldsmith's previous subdivisions he had wider right-of-ways with the public street improvements contained within the right-of- way. And the square footages that are shown on the lots, those of course, are including two feet of sidewalk. So we don't feel that — Borup: But it's not counting the four feet of sod out front between the sidewalk and the street though. Freckleton: True. Borup: So, did you answer my question? Apparently driveway lengths was not a concern, I mean if the driveways out there, people just walk around the car and I guess there's not going to be that many. I do have a question for Becky again then. Did you finish, Bruce? Freckleton: Yes. Borup: If the right-of-way was increased, I mean it would be a matter of moving the property pins over two feet each way. It's not going to change the road paved area. It's not going to change the locations of the sidewalks. Is there any additional expense to the developer by doing that? Bowcutt: Well, what staff indicated was increase your right-of-way widths from 50 to 57. So that would be 3 1/ additional feet of right-of-way on each side for a total of 7 additional feet. Planning and Zoning Commission May 12, 1998 Page 78 Borup: Which would put the property pin essentially a foot and a half from the sidewalk. Did I calculated that right? Which is what it normally is now. Bowcutt: What I dislike about it is that just decreases the depth of the lot. I like to give people as large a lot as you can as far as your depth. Too many lots in this valley are 100 feet deep and people just don't have a good back yard for their kids to play in and stuff, and I try to give them a bigger back yard. When you are talking an easement versus a right-of-way. I guess what is the cost of the public of that two foot overlap. Nothing. It's under jurisdiction of the highway district. They have agreed to it in their staff report. They find it acceptable. They gave us the option, go either way. We have received compliments on the subdivisions we've done with this easement concept, this two overlap from the highway district that it looks nice. Borup: You have done the same thing in other subdivisions? Bowcutt: Yes. The Legend Subdivision, Edgeview Estates. Borup: And they all have 20 foot setbacks? Bowcutt: And Bayhill Springs. Yes, 20 foot front setback, 4 foot offset sidewalk, but those sidewalks are Boise sidewalks so they are 4 feet not 5. But we have overlap. Borup: So we need a 52 foot right-of-way to equal what you did there. Bowcutt: 54 yeah. (Inaudible) Borup: If we're talking 4 foot compared to 5 foot sidewalk. But wait a minute you are proposing 4 foot. Bowcutt: These are five foot sidewalks. Borup: Four foot was the landscaping. Bowcutt: Yes, the city sidewalks are five feet. Borup: So a 52 foot easement would accomplish the same that you are doing in Boise. Because we've got an extra foot of sidewalk on each side of the street. Planning and Zoning Commission May 12, 1998 Page 79 Bowcutt: The point is when you require the developer to increase his right-of-way width and it affects the depth of the lots, he is more reluctant to just say oh forget, we'll just put the sidewalk up at the back of the curb because he loses depth. You know it all adds up. Borup: I agree with that. I know problem of people like the big lots. Bowcutt: As you start going through it starts escalating. Borup: I still got some concern if people park in their driveway and they are sticking out on the sidewalk, and you see that in the older section of Boise. I'm talking the real old. Bowcutt: Where they sat like 15 feet or something, the home sat back. Borup: And you can't get a car in the driveway without encroaching on the sidewalk. And again you are talking about the public wanting the larger lots, and I think they do, but I don't think they are going to want to be crammed on the front either. Johnson: Enough philosophy. Anything else? We'll never get out of here. Can I close the public hearing now? B. Fritts: I just want to make sure that everything we talked about on 16 will be related to 17. Is that correct? Johnson: We will do that, yes. We'll include all the testimony. NORMA DALE 2785 E. OVERLAND ROAD WAS SWORN BY THE CITY ATTORNEY. Dale: I just have one question regarding the pedestrian bridge if you want to put that back up. Right here. My property is right here, the farm and this is (inaudible) farm. This pedestrian bridge would go across the Ridenbaugh Canal. Did I understand that correctly? Was there a pedestrian bridge that went across the Ridenbaugh Canal there? Bowcutt: When the Griffin property is developed at that time that pedestrian bridge would be constructed. At this time we have to provide a pathway to the canal that would just stop and then we have to give the highway district half of the cost of the pedestrian bridge for future construction. Dale: All right. That's answers my question. I thought it might be a nuisance to the farming if that was a pedestrian bridge. Thank you. Planning and Zoning Commission May 12, 1998 Page 80 Johnson: Thank you. Anyone else? Any other comments? I will close the public hearing at this time. Smith: Mr. Chairman, I would like to make a motion that we table this item until our June 9th meeting. Nelson: Second. Johnson: Motion to table item number 17 until our next scheduled meeting. All in favor? MOTION CARRIED: All ayes. Borup: I think we deferred an item last month meeting. I would be in favor of deferring it again. It's not on the agenda, but I believe the meetings from last month reflected that. Johnson: Yeah, it was Shari's proposal for — Borup: We had a couple of ordinances that still needed to (inaudible) Johnson: Make a motion please. Borup: I'd move that we defer the proposed amendments to the zoning and subdivision that remain be deferred again to June 9th or a special session. MacCoy: I second that. Johnson: All in favor? MOTION CARRIED: All ayes. Borup: Were you wanting to finish that tonight Shari? Stiles: No, we said on three of the items. We do need to get that — I mean one thing we really need to do is change the application deadline because we're having a real hard time getting comments back from ACHD with the time frame that we have right now, and Ada County has requested that — Johnson: We're just not getting them. MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: FARWEST DEVELOPERS & MARTY GOLDSMITH AGENDA ITEM NUMBER: 16 REQUEST: ANNEXATION & ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUB. AGENCY COMMENTS CITY CLERK: SEE FAX DATED 5/8/98 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property rim' - City of Meridian. tip1GINEFRlIyG May 8, 1998 BRIGG SNC Mr. Will Berg Ms. Shari Stiles and Mr. Bruce Freckleton City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Preliminary plan for Thousand Springs Subdivision (Responses to City Comments) General Comments: REcE'vED MAY - 7 1998 CITY OF MERIDIAN 1. Irrigation and drainage ditches traversing the parcel will be piped if they carry water to adjoining properties. The Ridenbaugh Canal exceeds the 48 -inch cut-off for piping and therefore is exempt. 2. The applicant understands any septic systems or domestic wells will require removal. 3. Five foot sidewalks will be constructed along with Eagle Road and Victory Road frontage. All proposed new public streets will be constructed with fve-foot sidewalks. 4. The project engineer will provide the necessary information for hydraulic analysis. The applicant understands positive results from the analysis are necessary for service to the development. 5. The Ada County Street Name Committee has reviewed the project. Any name revisions will be reflected on the revised preliminary plat. 6. The project engineer will coordinate fire hydrant placement in the proposed project. 7. The applicant's representative will provide responses in compliance with this condition. Site Specific Comments: 1. Sanitary sewer service will be provided by extension of the mainline across the Ridenbaugh Canal from Los Alamitos and/or Sherbrooke Hollows Subdivisions. The applicant understands approval is subject to sewer capacity within the existing main lines. The applicant will extend the sewer main line through the proposed development. The project engineer will coordinate main sizing and manhole locations with public Works staff and design in compliance with City standards. 2. Applicant understands extension of water main lines into the subject property from adjoining developments will be required. The applicant will construct main lines through the proposed development. Project engineer will coordinate main sizing and corridors with City staff. 3. The applicant intends to construct the pressurized irrigation system to Nampa and Meridian Irrigation District standards and transfer ownership and maintenance to the District. The applicant has begun the necessary paperwork to transfer irrigation rights from New York Irrigation District to Nampa and Meridian Irrigation District. 980204-clrymer-ler 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 + (208) 344-9700 Fax# (208) 345-2950 MAY oe 'ge 12:00 PAGP-02 BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 - Boise, Idaho 83705 - (208) 3449700 FAX # (208) 345.2950 The applicant understands a second source of irrigation water is required. The applicant will consider the options for sourcing and comply with the applicable requirements of the City. 4. The applicant will install streetlights in conformance with the City's requirements. 5. The applicant will submit a detailed landscape plan, including fencing locations and Type of fencing for review and approval by the Planning Director with submittal of the final plat. The applicant will either install the landscaping and fencing or provide a bond for the improvements prior to signature on the final plat. 6. The applicant will construct a six-foot non-combustible fence along the perimeter of the subject property as each phase is developed. The applicant understands fencing shall be constructed prior to issuance of a building permit. 7. 1fNMID allows a encroachment within the easement, a separate lot will reflect the protected easement area and an easement will be delineated for the encroachment area. Evidence of acceptance of the encroachment will be provided to the City. If NMID prohibits encroachment within the easement, the preliminary plat will reflect a separate lot for the 50 - foot easement. 8. The project engineer will review the legal descriptions for Thousand Springs and Sherbrooke Hollows to correct the discrepancy in legal descriptions. A revised description will be submitted to City staff. 9. The applicant's representative will prepare a development agreement and submit for City review with the final plat. 10. The applicant will construct a vehicular bridge across the Ridenbaugh Canal connecting Thousand Springs Subdivision with Los Alamitos Subdivision, The bridge will be constructed when the area which includes the bridge is platted. Ada County Highway District has requested a two (2) pedestrian bridges between Lots 33/34, Block 1 and Lot 46, Block 17. The applicant is required to provide 50% of the cost for said bridges. A trust fund deposit with the District will be required prior to signature on the final plat, which includes the lots with the bridges. Nampa and Meridian irrigation District approval will be required to construct the pedestrian bridges. This bridge requirement must be contingent on NM ID cooperation. The pedestrian bridge between lot 33/34, Block 1 will not be constructed by the developer of Thousand Springs Subdivision since the north parcel will be subject to 50% of the cost. Thousand Springs will provide the their 50% of the cost in a trust fiord. The bridge improvements will be made when the phase which includes the bridge is platted. 11. The project engineer will provide the information on piping of irrigation or drainage facilities across the property. if the depth of the ditches (over 2 feet) requires compaction for suitable building areas, the project engineer will provide compaction testing results. 12. The applicant has proposed 5 -foot sidewalks with a 4 -foot offset from back of curb. The minirnal overlap of'the sidewalk into the platted lot does not create a problem. The intent of the detached sidewalk is to provide an aesthetically pleasing boulevard effect with trees lining the roadways. ACHD has accepted a 50 -foot right-of-way with a portion of the 950204-citymcr-lrr Mnv Mn r oo a ^) - MM onr.0 M7 i BRIGGS ENGINEERING, INC. 1111 s. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 FAX # (208) 345-2950 detached sidewalks on a easement in other developments. To increase the right-of-way to 57 -feet reduces the lot depths and creates unnecessary excessive roadway right-of-way widths. The applicant prefers the 50 -foot right-of-ways with a partial easement to compensate for sidewalk overlap. The enhanced amenity of detached sidewalks justifies the deviation from the normal situation where sidewalks are contained within the right-of-way. 13. All landscape buffers adjacent to Victory and Eagle Road and common areas will be owned and maintained by the Homeowner's Association. The developer will install irrigation facilities and landscaping within the proposed common lots. 14. The applicant would like to discuss the requirements of house orientation arrows. The Meridian Zoning Ordinance has no provisions for calculating frontage on comer lots by including Pune length plus one-half the chamfer length. The applicant believes this requirement should not be applicable. 15. The applicant agrees to revise the preliminary plat to reflect extensions of E. Three Bars Drive to S. Indian Creek Place to facilitate better water alignment. 16. Temporary turnarounds will be provided when phasing the project where a street extends further than one lot in depth. 17. The revised preliminary plat will reflect the landscape easements as separate lots. 18. The revised preliminary plat will be stamped by a Professional land Surveyor. 19. The City Council will review the variance request for block length and piping Ridenbaugh Canal. 20. A common lot will be provided through Lot 23, Block 1 for future connection to the well lot. 21. The rear lot line of Lots 55 and 56, Block 5 will be modified to match the rear lot line of Lot 9, Block 9 of Los Alamitos Subdivision No. 3. 22. The additional easement line traversing the lots adjacent to the Ridenbaugh Canal is an error. The line is a offset duplication of the NMID easement line and will be removed on the revised preliminary plat. Sincerely, BRIGGS ENGINEERING, INC. Becky L. Bo Butt Land Use Planner BLB:fc 980204-citymer-1tr TOTAL P.04 MnV no yon 4n -M4 on= r1. A SUBDIVISION EVALUATION SHEET p C B WE"D MAY 0 4 1998 Proposed Development Name THOUSAND SPRINGS SUB. City Meridian MY OF MERIDW Date Reviewed 04/30/98 Preliminary Stage XX Final Engineer/Developer Briggs Engr. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat. "S. EAGLE ROAD" "E. VICTORY ROAD" 'E. THREE BARS DRIVE" "E. HORSE CREEK DRIVE" is approved and shall appear on the plat. Naw- 'roeeg 6Aes D2 "S. WEIR CREEK AVE." is approved and shall appear on the plat. Do w - G , -17" 4RL'r 5 5-1.5 V e, "E. INDIAN CREEK DRIVE" is approved and shall appear on the plat. ©�_ "E. INDIAN CREEK COURT" is approved and shall appear on the plat. Qe- E . LoFTvS Wz- "S. LOFTUS WAY" is approved and shall appear on the plat. Now - if . LOGTUS ST. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMIT T GENCY RE�PESENTATIVES OR DESIGNEES _ o � Ada County Engineer John Priester �� � Date '� Ada Planning Assoc City ofMeridian Fire DistrictMeridian Ann Hurle Representz Represent, ate ate ate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M PAGE ONE OF I; Ov R Sub Index Street Index 3N 1 E 20 Se tion NUMBERING OF LOTS AND BLOCKS AULLAO,n AW—05 13I AAv _ TR\SUBS\SM_CITY.FRM SUBDIVISION EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS City Meridian Date Reviewed 04/30/98 Preliminary Stage XX Final Engineer/Developer Briggs Engr. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE TWO OF F oy (Z iii "S MOON DIPPER WAY" is approved and shall appear on the plat 01i - "S. NINEWEYER AVE." is approved and shall appear on the plat. e) Z "S. HOOD RANCH PLACE" is approved and shall appear on the plat. E 5'4 -JG'7 ST . W ESr" "E. GREEN CANYON DRIVE" is aligned with "E. " to the east and shall C -A 5y Sf T e 0 carry the name "E. fttB2= DRIVE". "S. MOLLY'S WAY" is a duplication and cannot be used. See evaluation 04/02/98. : "E. SHARKEY STREET" is similar to "CHARDIE" and cannot be used . Evaluation 4/02/98. "E. PHIFER DRIVE" is approved and shall appear on the plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, EN Y EP SEN ATIVES OR DESIGNEES Ada County Engineer John Priester c Date 4t" Ada Planning Assoc. Ann Hurley Date y City of Meridian Representativeate --3e = dR Fire District Meridian Representative /�fa Date � NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM SUBDIVISION EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS City Meridian Date Reviewed 04/30/98 Preliminary Stage XX Final Engineer/Developer Briggs Engr. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE THREE OF l-ov3Z " W ►4`I I..L..I...J //O n ATr" nn r"P'V tie-rPr' " IMI 1/ L. O -f ____1 ._ _1 A ---.aL ii C �K1 5 .TAU, t'SH U-)" A"lj n rtuv' "S. ZIMS WAY" shall be named " Q DRIVE" for direr+ l reasons. "S. BOILING SPRINGS " 5 .TA- GISH Uj /,y S aligned with"p 9z E" so it shall carry the same name. "E. KIRKHAM STREET" is a duplication and cannot be used.(04/02/98) It is aligned with LOFTUS WAY" and shall carry that name. C. E. GIVENS STREET" is aligned with BURGDORF WAY" and will carry the same name for directional reasons. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, -AGENCY R SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representative Date a�--ZZ — Fire District Meridian Representative Date U ` 96F NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street In x 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM _ j SUBDIVISION EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS City Meridian Date Reviewed 04/30/98 Preliminary Stage XX Final Engineer/Developer Briggs Engr. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE FOUR OF FOUR "E. LAVA DRIVE" is a duplication and cannot be used(04/02/98) t}rl t@ F�EITigtti ga�S f r., Q I 1% lot S • P52a6NDy .s J6u/ tFI L. AV -6 "S. ATLANTA WAY" shall be named "E. SHEEP CREEK STREET" is approved and shall appear on the plat. 016 "S. BENNETT BAY WAY " is approved and shall appear on the plat. S. W A -y Z 5 /} ppro ca-eA The street labeled "PISTOL CREEK" rreeds to eet takeswa .•��e�llGl�l�fi��n►�:�i������u-�[•1�iTLa- R-1 • • • ter+ �.. • • name. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT, G !!VCY R R SENTATIVES OR DESIGNEES Ada County Engineer John Priester Y �, Date 010/ Ada Planning Assoc. Ann Hurley Date U � City of Meridian Representative ate 3 0 Fire District Meridian Representative �jADate S` NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCK TR\SUBS\SM_CITY.FRM TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8,199B . TRANSMITTAL DATE:—AP R1 L 21, 1998 HEARING DATE: MAY 12. 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND _ SPRINGS SUB. 330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE N SMITH, P/Z (208) 884.4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KE1Tl1 BIRD RT CORRIE, MAYOR (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8,199B . TRANSMITTAL DATE:—AP R1 L 21, 1998 HEARING DATE: MAY 12. 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND _ SPRINGS SUB. 330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD nOD 'fit ) QQ 1 C - cZD MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: �C:ETVED APR 2 4 1998 We require a permanent 10 -foot wide public uti l i t_'•es •' T'RIDIAN easement along all lots adjacent to a road right-of-way dedicated to public or private use. 'UVJ k„ Ws Tim Adams 4114,9% Idaho Power 322-2047 f l&Tz mm r"91 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z NELSON, P/Z N SMITH, P/Z i BORUP, P/Z RT CORRIE, MAYOR — A 1NDERSON, C/C LIE ROUNTREE, CIC OR 3 g BIRD, C/C I BENTLEY, C/C R DEPARTMENT aA �" (y R DEPARTMENT ING DEPARTMENT )EPARTMENT o v a LL E DEPARTMENT nOD 'fit ) QQ 1 C - cZD MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: �C:ETVED APR 2 4 1998 We require a permanent 10 -foot wide public uti l i t_'•es •' T'RIDIAN easement along all lots adjacent to a road right-of-way dedicated to public or private use. 'UVJ k„ Ws Tim Adams 4114,9% Idaho Power 322-2047 f l&Tz mm r"91 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING BATE: MAY 12, 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS SUB (330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT i POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO PRELIM & FINAL PLAT) IDAHO TRANSPORTATI=EPARTMENT i YOUR CONCISE REMAR RECE ED APR 2 2 1998 N o r LK z f HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO. GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING BATE: MAY 12, 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS SUB (330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT i POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO PRELIM & FINAL PLAT) IDAHO TRANSPORTATI=EPARTMENT i YOUR CONCISE REMAR RECE ED APR 2 2 1998 N o r LK z TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, 'Attn: Will Berg, City Clerk by: MAY 8. 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE: MAY 12. 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS SUB (330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z HUB OF TREASURE VALLEY MALCOLM MACCOY, P/Z Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN 884-4264 CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO. BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642(208) 887-2211 rPJLNINZ RON ANDERSON Phone (208) 888-4433 •Fax (208) 887-4813 NING KEITH BIRD _SEWER DEPARTMENT DEPARTMENT APR 3004W533 BUILDING DEPARTMENT FIRE DEPARTMENT / / YOUR CONCISE REMARKS: ` - 3 6 ` qJv C1;, OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, 'Attn: Will Berg, City Clerk by: MAY 8. 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE: MAY 12. 1998 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS SUB (330 SINGLE FAMILY LOTS) BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _,KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL. PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT / / YOUR CONCISE REMARKS: ` - 3 6 ` qJv _POLICE DEPARTMENT _CITY ATTORNEY ALL or rA / AJ:44 a _CITY ENGINEER . _CITY PLANNER fa K��f CLe 4P - a / Loo_-Qc S' i ,Llo.cr i PARKS DEPARTMENT CNf "4Nc6 CITY FILES KtiC w u ki ERG /F_ or- vi`c.lorr., *ke6, PiAA.' f0 SfR rf ONS huh{%6,,/ r3 W 2 A -,Z ih'f" ojaw '4 5zec0,0 4CG.'eS-.$ O Q_ LL t1i15'!0t% h1f%GAJ J f- tots to, �t SLm cY fi0 0_ �T A AJ O 5 �1­t /vlim SC� «l s w , LL A) k vc9{Ar _ Eo.,,s /hn7leC%, It�j �"{� A]0 F- P-,& S-Yon,i Dn.1 -nJ fi� 1�e �u6cQr'✓isl�a✓ ivr Gf� �� '7 %h I � Z /40—, &tj, Sfh-- iaV NOLO . i t HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD fZFjC'mrV-ED MEMORANDUM: MAY 0 6 1998 CIIFY OF MERIDIAN To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 May 5, 1998 Re: Request for Annexation and Zoning to R-4 with a Preliminary Plat for Proposed Thousand Springs Subdivision - 330 Lots on 121.227 Acres by Dale and Doyle Nixon and Marty Goldsmith We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the Meridian Public Works Department. 7. If possible, respond in writing to each of the comments contained in this memorandum by 12:00 noon, May 8, 1998. Submit ten copies of the Preliminary Plat Map with any required 'MousandSpgs.pp Mayor, Council and P&Z May 4, 1998 Page 2 revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site could be via extensions from the trunk line system installed as part of the Los Alamitos and the proposed Highlands Ranch Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. Water service to this site could be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District, nor has the source been shown. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Pressurized irrigation system O&M manual must be submitted prior to plan approval. 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, a single 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, 4. Two -hundred -fifty and one -hundred -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. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. nousandSpgs.pp Mayor, Council and P&Z May 4, 1998 Page 3 6. Construct six -foot -high, permanent, non-combustible 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. Plat the Ridenbaugh Canal easement as a common lot to be owned and maintained by the Thunder Springs Homeowners Association. Rear lot lines along the Ridenbaugh Canal shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa -Meridian Irrigation District. A minimum of five feet from the top of bank (as determined by the City Engineer) shall be allowed for the common lot when fencing. The annexation description provided is not contiguous with the adjacent Sherbrook Hollows Subdivision and should follow the centerline of the Ridenbaugh Canal adjacent to the property north of Sherbrook Hollows Subdivision. Applicant shall submit a revised annexation perimeter description for the proposed site. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing corporate city limits. 9. A development agreement is required for this project, as a condition of annexation of the property. 10. A vehicular bridge shall be constructed across the Ridenbaugh Canal with the extension of E. Three Bars Drive. Ada County Highway District has requested only a pedestrian bridge in the area of Lots 40 and 41, Block 1. A second pedestrian bridge shall be constructed to connect to the Sherbrook Hollows Subdivision. Bonding for these improvements shall be submitted with the final plat, with construction of the bridges completed prior to obtaining building permits. 11. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 12. Applicant proposes 50 -foot -wide streets throughout the development; with the four -foot -wide planting strip shown, 2 1/2feet of each sidewalk would be on private property. Staff requests that the street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet would be preferred for this configuration. ThousandSpgs.pp Mayor, Council and P&Z May 4, 1998 Page 4 13. Applicant proposes 40 -foot -wide landscaped planting strips along Eagle Road and a 30 -foot - wide planting strip along Victory Road, which shall be owned and' maintained by the Thousand Springs Homeowners Association. 14. Add arrows indicating house frontage on those lots that do not meet the 80 -foot -wide frontage requirement. Frontage is determined by the line length plus one-half of the chamfer length on corner lots. 15. The Meridian Public Works Department requests that E. Three Bars Drive extend to S. Indian Creek Place for water alignment. 16. Provide temporary turnarounds at phase lines, for streets that will continue, if longer than one lot depth from an intersection. 17. It appears that there are three lots with landscape easements along E. Green Canyon Drive, and along the northwest side of Lot 18, Block 7. Staff recommends that these improvements be within a 20 -foot -wide common lot, installed by the developer and maintained by the homeowners association for continuity and consistency of landscaping. 18. The preliminary plat map is required to carry the stamp, signature and date of the Professional Land Surveyor that has done the preliminary design. 19. A variance application has been submitted for piping of the Ridenbaugh Canal and exceeding the maximum block length of 1,000 feet. 20. Provide a 20 -foot -wide common lot through Lot 23, Block 1, to the proposed City well lot with a blanket easement to the City of Meridian for a water main. 21. Re -align the rear lot lines of Lots 55-56, Block 1 to match the rear lot line of those adjacent lots in Los Alamitos Subdivision. 22. What does the extra line that traverses through the majority of the lots that bound the Ridenbaugh Canal represent? This line in most cases is on the house side of the pressurized irrigation line. ThousandSpgs.pp CENTRAL •• DISTRICT iff HEALTH DEPARTMENT Rezone ## CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use ## relimina Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City .Meridian ❑ Kuna ❑ ACz ❑ I . We have No Objections to this Proposal. EXCGIV ED ❑ 2. We recommend Denial of this Proposal. MAY - 6 14�q$ OFNEKJIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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 concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines z-f;f central water 10. Run-off is not to create a mosquito breeding problem. ❑ IL 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 q 14.�A!A/Gy'/9-72Z--R INIIN�tCC/`IEN% Date: 15— / Reviewed (��oMMCNC)ATrv,J. By: CDND 10/91 rcb, rev. 1/91 Review Sheet Cy CENTRAL C0 DISTRICT PWHEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL, • BOISE, ID 83704-0825 - (208) 375.5211 - FAX 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Ada / Boise County Office 707 N, Armsrong PI. Bolse, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 Roberts 520 E. 8th Street N. Boise, ID 83705 Mountain Home, ID 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-33552P Family Health: 587-4407 WIC: 587-4409 ® FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 ADA COUNTY HIGHWAY DI Planning and Development Divisi Development Application Report Preliminary Plat - Thousand Springs Thousand Springs is a 330 -lot residential subdivision north side of Victory Road and the west side of Eagl( generate 3,200 additional vehicle trips per day based Roads impacted by this development: Eagle Rd. The site is located on the welopment is estimated to d traffic study. Date' May 13, 1998 - 7:00 p.m. MAY 0 6 1998 CITY OF A ERIK Aa, ago Facts and Fi A C Genera] Owner Applica RT 121 330 4,370 286 West A Western Victor Minor Traffic 478 -fee - 50 -feet 96 -feet Victory Eagle Road Minor arterial with bike lane designation Traffic count 5,023 on 9/14/95 1,153 -feet of frontage 50 -feet existing right-of-way (25 -feet from section line) 96 -feet required right-of-way (48 -feet from section line) valk. Eagle Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk. There is an existing dwelling and farm located at the northeast corner of the site abutting Eagle Road and the Ridenbaugh Canal. The rest of the site is currently undeveloped. A traffic study was submitted to the District on April 22, 1998. The traffic issues have been incorporated into the text of this report. D. The applicant is proposing to construct the main project entrance off Eagle Road with a 24 - foot wide entrance street section and a 27 -foot exit street section separated by a center median. The applicant should be required to construct the entrance to the site with a minimum of two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located approximately 250 -feet north of the southern property line. THOUSAND.COM Page 2 L. The applicant is proposing to connect to an e The location of this stub will require the app Ridenbaugh Canal. The applicant should be the Ridenbaugh Canal to connect to the stub M. The applicant should be required to construct a to the north. There is no vehicular connection_ there be at least a pedestrian connection. uThe pedestrian bridge between Lot 40 and 41;' Bloc] N. The applicant is proposing a stub street with`a 1 of Molly's Way. Staff supports the location of required to construct a paved temporary turnan temporary easen turnaround with ub in Los -:Alamitos Subdivision No. 3. ;onstruct a .vehicular bridge across the to construct a vehicular bridge across Alamitos Subdivision No. 3. ;e over the Ridenbaugh Canal refore, staff recommends that be required to construct a Springs Subdivision. 5rary turnaround at the southern terminus stub street. The applicant should be at the south end of the stub with a Coordinate the design and location of the O. The applicant is proposing turnarounds at the terminus of Indian Creek Place, Boiling Springs, and the north and south=termini of Hood Ranch Place. District policy requires the applicant to construct the cul-de-sacs with a minimum radius of 45 -feet to back -of -curb. P. The applicant is proposmg a knuckle on the east side of Pistol Creek Way located approximately 350 -feet south of Phifer Drive. Because of the depth of the knuckle, the applicant should be required to construct a traffic island in the knuckle to define the roadway. The traffic islands should be constructed a minimum of 4 -feet wide with a minimum area of 100 -square feet and the street section around the traffic islands should be a minimum of 21 - feet back-to-back. The design should be reviewed and approved by the ACHD Planning and Development staff. Q. The applicant is proposing a knuckle on the north side of Green Canyon Drive located approximately 220 -feet east of Nineweyer Avenue. Because of the depth of the knuckle, the applicant should be required to construct a traffic island in the knuckle to define the roadway. The traffic islands should be constructed a minimum of 4 -feet wide with a minimum area of 100 -square feet and the street section around the traffic islands should be a minimum of 21 - feet back-to-back and designed to channel thru traffic on Green Canyon Drive. The design should be reviewed and approved by the ACRD Planning and Development staff. R. The applicant is proposing to construct Weir Creek Avenue offset 30 -feet from the knuckle on the north side of Green Canyon Drive. Staff recommends that the applicant align Weir Creek Avenue with the knuckle to the north. S. The applicant is proposing Lot 1, Block 1 of Thousand Springs at the northeast corner to be a fire station for the City of Meridian. Lot 2, Block 1 of Thousand Springs is proposed to be a well lot for the City of Meridian. There is a single family dwelling on the east side of Eagle Road located 70 -feet south of the southern property line of Lot 2, Block 1 of Thousand Springs. Staff recommends that the applicant be required to construct a 24 to 30 -foot wide THOUSAND.COM Page 4 4. Construct a center turn lane, shadow taper and right=turn deceleraton:lane on -Eagle Road at the main site entrance. 5. Construct the main project entrance off Victory R sections with curb, gutter and 5 -foot wide sidewa' abutting the eastern property line. Construct the minimum 100 -square foot area and dedicate, -5446 of the median. s 6. Construct a center turn lane on Victory Road and Road at the main site entrance. minimum 21 -foot street )y a center median and located urr um of 4 -feet wide to total a -way plus the additional width turn deceleration lane on Victory 7. Construct a 5 -foot wide concrete sidewalk -on Eagle Road abutting the entire site. The sidewalk should be locatedtwo feet- within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 8. Construct a 57foot wide concrete,sidewalk on Victory Road abutting the entire site. The sidewalk should be located two'feet within the new right-of-way of Victory Road. Coordinate the location of the sidewalk with District staff. 9. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 10. Construct a pedestrian bridge over the Ridenbaugh Canal to the north between Lot 40 and 41, Block 1 of Thousand Springs Subdivision. 11. Green Canyon Drive will be classified as a residential collector from Eagle Road to Nineweher Avenue, no front -on housing will be permitted on the north -south portion of Green Canyon Drive. Lot access restrictions, as required with this application, shall be stated on the final plat. 12. Bennett Bay Way will be classified as a residential collector from Victory Road to Slate Creek Way, no front on housing will be permitted on the east -west portion of Bennett Bay Way. Lot access restrictions, as required with this application, shall be stated on the final plat. 13. Construct all public roads within the subdivision as 37 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 14. Construct a street connection to an existing stub in Los Alamitos Subdivision No. 3. Construct a vehicular bridge across the Ridenbaugh Canal to connect with the stub from Los Alamitos Subdivision No. 3. THOUSAND.COM Page 6 scheduled for ACHD Commission action. Those items shallbe'rescheduled fo_ n discussion with the Commission on the next available meeting avenda. 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 ; shall be made in writing to the action and shall include specifically identibL, each re of data that was not availab request for reconsideration. meeting of the Commission will be notified of the date will be heard'. - 3. Payment Fee for reconsideration of the Commission's action )evelopment Supervisor within two weeks of $110.00. The request for reconsideration shall the -Commission at the time of its original decision. The ►e heard by the District Commission at the next regular he Commission agrees to reconsider the action, the applicant me of the Commission meeting at which the reconsideration ad impact fees are required prior to building construction in ice #188, also known as Ada County Highway District Road Impact 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 ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of THOUSAND.COM Page 8 May 12, 1998 Planning and Zoning Commission Meridian City Hall 33 East Idaho Street Meridian, Idaho RE: THOUSAND SPRINGS SUBDIVISION People: As we have stated in several prior letters and at several prior hearings as this and other nearby property has been developed, we believe that Meridian should stay with its long- range plan which states it will have a buffer between dense population and rural property. We live on four acres, and most of our neighbors have acreages or farms. We do not believe that R4 zoning adjoining acreages is in keeping with your long-range plan. Going from 121.5 acres of farmland (which I think currently has two houses on it) to a 121.5 acre subdivision with 330 houses on it is a major impact to the community. Core services in the Meridian area will be stressed by this subdivision. Traffic. As the engineer from Briggs Engineering pointed out to us, each house generates an average 10 car trips a day. Simple math tells you this means 3,300 cars driving in and out of the subdivision every day, This causes more wear and tear on the roads and highways in the area, a higher threat of accidents, and more frustration and stress of current residents. Schools. Assuming a low average of two children per household, this means 660 additional children in our schools. Of course, this is not the only new subdivision in the Meridian area. Do you consider the number of potential students when approving the numerous new subdivisions? Is the school board given a vote and allowed to be part of the planning and zoning process? Although the developers "give" acreage to the school district, there remains the major problem of paying to build a school, furnish it, and then continue to pay the personnel and operating expenses to run and maintain the school. The land is the cheapest part of the deal! Planning and Zoning May 7, 1998 Page 2 Core Services. Finally, 330 houses with an average of four residents per house will mean 1,320 people added to this community -- more stress on police, fire stations, water, sewage, etc. Although this subdivision will be using city water, this additional water has to come from somewhere. Can you guarantee this will not stress and drain current wells? In case you approve this subdivision, we specifically would like the following conditions imposed for the area bordering our property: Larger lots as a better buffer between density and acreages 2. Only single level houses 3. A visual screen of trees 4. A guarantee of compensation if our well dries We know that Meridian wishes to grow in order to keep a prospering economy. However, does it really have to grow at this rate? Do you want your long-term goal -- your very final outcome --to be a town supporting an agricultural community or a town surrounded by a sea of houses only a few feet apart? Thank you for considering our request. Sincerely, ` !Marvin d Nancy Hansen 2460 East Victory Road Meridian, Idaho 83642 SUPERINTENDENT Dr. Bob L. Haley April 27, 1998 City of Meridian 33 East Idaho Meridian, ID 83642 Re: Thousand Springs Subdivision Dear Councilmen: I have reviewed the plat for Thousand Springs Subdivision and find that it includes approximately 330 homes assuming a median value of $110.00. We also find that this development is located in census tract 103.10 and in the attendance zone for Mary McPherson Elementary School, Lake Hazel Middle School, Meridian High School. Using the above information we can predict that these homes, when completed, will house 110 elementary aged children, 83 middle school aged children, and 75 senior high aged students. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. We are in difficult position and need your help in dealing with impact of growth on schools. Sincerely, )i1m Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann RECEIVED MAY :U DIAN ®—' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 27April 1998 FAX # 21&$C.gb WXX 208-463-0183 Will Berg, City Clerk Phones: Area Code 208 Clly Of MOFFICE: eridian Nampa 466-7861 33 East Idaho x€xx)0Q)a)aJRxx SHOP: Meridian ID Nampa 466-0663 83642 xx)0a)Mxx RE.Preliminary plat for Thousand S p'zngs Subdivision - Farwest Developers Dear Commissioners.- The Nampa & Meridian Irrigation District's Ridenbau h of the project. The right -of -w 8 Canal courses along the outer boundary each way, See Idaho aY Of the Ridenbaugh Canal is 100 ajy POSSESSION, Code 42-1208_ RIGIITS-OF-WAy feet; SO feet from the center The developer must contact John P. NOT SUBJECT TO approval before an encroachment or change o Anderson or Bill Henson at 46�T'ERSE y g f'ght-of-way occurs. 0663 for The Nampa � Meridian Irri application be filed for reviewrlligation District requires a La Protected.Prior to p �' Use Change/Site Develo All municipal su final latting, All laterals and Pment leaves the site, the Nam a dace drainage must be retained on site, waste ways must be Donna Moore P `�` Meridian Irrigation District must review drainage eu Z at 466-7861 for further in o dace drainage ,f rmation. g Plans. Contact The developer must comply be made available to alldeveloIdaho Code 31-3805, It is recommended that i pments within the Nampa rrigation water Sincerely,&Meridian Irrigation District. Bill Henson, Asst. Water Superintendent 'VAMPA & MERIDIAN IRRIGATION DISTRICT BH'dln ec: File - shop File - office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 CCENTRAL CEN�I RAL DISTRICT HEALTH DEPAIKI ALN I HC1 DISTRICT Environmental Health Division EALTH DEPARTMENT Rezone ## Conditional Use # Preliminary / Final / Short Plat mss,- Tj��/����S Return to: ❑ Boise ❑ Eagle ❑ Garden City eridian ❑ Kuna ❑ ACz ❑ I . We have No Objections to this Proposal, M AV 6 Y ❑ 2. We recommend Denial of this Proposal. MY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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 concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: -central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 7E9_<entral 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: ,.EFcentral sewage ❑ community sewage system ❑ community water ❑ sewage dry lines J�;Kentral 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. M ❑ 14, We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑ child care center Date: Reviewed By: (DHD 10/91 rcb, rev. 7/97 Review Sheet Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PIav I P N NING (208)884-5533 1998 ._-T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8. 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE: MAY 12, 1998 REQUEST: REZONE FROM RT TO R-4 OF SE'/4 SECTION 20 T. 3N. RAE. BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) —SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITY ATTORNEY �r < < /fi ✓ i /�' 17 L L _CITY ENGINEER _CITY PLANNERa- 0 C'() 71 PARKS DEPARTMENT CITY FILES ,p p ru <?— Mayor ROBERT D. CORRIE Council Member CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY' A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTNIENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE:_ MAY 12. 1998 REQUEST: REZONE FROM RT TO R-4 OF SE'/4 SECTION 20 T. 3N. RAE. BY: FARWEST DEVELOPERS AND MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C —GLENN BENTLEY, C/C _WATER DEPARTMENT —SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) % INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION RE & FINAL P T) IDAHO TRANSPORTATIO P TMENT YOUR CONCISE REMARKS: r RECEIVED "R :9138