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Home My WebLink AboutDakota Ridge Sub 5a .. iut , : % U of STEINER DEVELOPMENT, L.L.C. I 0 June 19 2001 i City of Meridian P'lanniog and Zoning Department Attention: Shari Stiles. 660 E. •Watertower Lane #202 Y Meridian, ID 83642 Rei, Dakota Ridge P aseJ - Drain age. Pond 1 i $ Dear Shari: Last week I had met with David regarding the Drainage Pond located in Dakota Ridge Phase I subdivision.' The particular items regarding this.pond discussed were 1.) Fence ' Poles 2.) Gravel around the pond toe area (which are per the ACRD Plans) 3.) Grass is spotty at bottom of pond 4J Excessive, weeds alodg the gravel and along the.raccess road. Shari, David has stated tome that these are the main concerns you, have'regarding this pond:. In response to these issues, I am requesting you please note that this' particular drainage pond has been signed off by ACHD and the City of Meridian some time' ago, and then was imm:ediately,turned over to the Dakota Ridge Homeowners Association. Under no , circumstances was this'pond in the poor current condition, at the time of release. Steiner, Develo'pment,has developed several ponds throughout over 13 other development phases within the City of Meridian; and we have always `attractively completed each pond project with proper landscaping maintenance, in order to comply with all ACHD and City of Meridian requirements, as well as our own company's high reputable standards. To conclude, Steiner Development is requesting that .you inform Mr. Will Berg, "City of -Meridian. Clerk, to proceed with the release of the total bond currently being held .on our ` proIperty, 'within 5 days upon receipt of this letter. We will also proceed tq inform the HomeownersAssociation of their current maintenance problem with the drainage pond, and will follow thru with them to see they repair all. items of concern,within a timely manner. h I thank you for your prompt attention in this matter. ° Si cerely, u g p Ca Abell Project Manager Steiner Development L.L.C. e I w if y 4 i i 4 / 1 4 ' a i BOND DEPARTMENT FINANCIAL PACIFIC INSURANCE COMPANY PO BOX 292220, Sacramento, California 95829-2220 TEL 916 630 3843 FAX 916 630 3743 SUBDIVISION STATUS INQUIRY Date: 2/20/01 To: (Obligee on Bond) Bond No.: S500888 City of Meridian Bond Amt.: $102,292.30 33 East Idaho Bond Effective Date: 4/30/99 Meridian ID 83642 Principal: Steiner Development, LLC, a Idaho LLC Subdivision Name/Tract No. Dakota Ridge #1 AS SURETY WE NEED A STATUS REPORT ON THE PROGRESS OF THE IMPROVEMENTS FOR THE ABOVE SUBDIVISON. YOUR COMPLETION AND PROMPT RETURN OF THIS BRIEF INQUIRY WOULD BE APPRECIATED. THESE INQUIRIES WILL BE SENT PERIODICALLY UNTIL THE IMPROVEMENTS ARE SATISFACTORILY COMPLETED. YOU MAY RETURN THIS INQUIRY BY OUR FAX NUMBER ABOVE OR BY THE RETURN ENVELOPE ENCLOSED. THANK YOU FOR YOUR TIME. 1. Is work completed? Yes If no, percent completed No If yes, date of completion: % Probable date of completion: 2. Is work progressing Satisfactorily? Yes No If no, why? Remarks: Date Phone: Signature: Fax: MERIDIAN CITY COUNCIL MEETING: July 15, 1997 APPLICANT: MAX BOESIGER INC. ITEM NUMBER; REQUEST,: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUED. AGENCY COMMENTS CITY CLERK: MINUTES FROM 6-18-97 P & Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 27 Conser: I am an adjacent property owner to Bret Jones and I just wish to state that I support his proposal to do this addition to his property. I feel it would be an improvement to our area. Johnson: We appreciate that, anyone else? Any further discussion among the Commissioners? If not I will close the public hearing at this time. What is your pleasure? MacCoy: Mr. Chairman, I move that we move this forward to our attorney to prepare findings of fact and conclusions of law. Smith: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Johnson: I will open the public hearing and ask the applicant' or the applicant's representative address the Commission. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is Dakota Ridge Subdivision, the property has been annexed and zoned R-4. It was approximately two years ago. At that time a preliminary plat was submitted on the property and included the entire portion and it consisted of 135 residential lots. That particular applicant kind of went by the wayside. Mr. Boesiger optioned the property and we have been working in conjunction with Meridian School District they want to purchase the 12 acres which you see right here which is not part of our plat. Then the rest of it would be single family residential. So it has gone from 135 originally a couple years ago to 90 lots. Our density is 3.15 dwelling units per acre. It consists of 28.6 total acres. What we have done here is when we lay this out we came up with an acceptable width here for the school We have a street that comes in functions like a collector. The developer will construct this street in its entirety from Ustick Road down to the school property. We didn't front any homes on that particular street so that we wouldn't have any conflict between the residential traffic and. the school traffic. To the south of us is the Lake at Cherry Lane No. 3. They have a stub street that will be constructed right here. Right now the improved phase is right here, what you see here. They will put this stub street in and then we have told the school district we will make this connection, will be a public street connection and then wrap into this development. Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 28 We have got a second stub street (inaudible) on the eastern boundary here that intersects with Englewood Creek Subdivision and we coordinated with the Highway District and got information from their engineer on where to place that stub street. So we will have two stub streets and then we also have a second entrance here. This gives two points of ingress and egress for the future elementary site which is required under fire code. I would like to show you quickly we did a quick sketch and that is how we determined our width and depth for that school site. Using the school districts pad plan for their, they have a standard can plan for their elementaries. The building will have to site toward the south due to the fact the sewer is not that deep in this vicinity. The building would sit back here and then they would take access here and have a second means of access off that stub street. We showed this to the school district we did provide them a copy for their review to make sure their plan and their parking requirements would be met with this width and depth. One problem we had in designing this particular subdivision is the fact that there is an existing 18 inch that transitions to a 15 inch sewer trunk line coming off Ustick Road. That trunk was put in the property when it was still an agricultural use. It comes down but it meanders, it doesn't come down like you would think they would out it in. It comes in at an angle, angles out and then back down like this and goes down south into the Lake at Cherry Lane. We had to design around that trunk line, it is extremely large and it is just not one that you would want to relocate. That is why you see we have this micro path here because the City Engineer does require that we keep those sewer trunk lines in a separate lot so that we don't have any interference with landscaping or fencing on adjoining residential lots. We provided this particular pathway is 22 feet wide, this here is 30. Now it causes a problem when we got down to the south for the fact that it cuts off our frontage or our access to this public street. So, we sat back and took a look at that. What we proposed is these two lots, this will be paved by the developer and these two lots will take access off which is called a shared driveway. That particular concept is used all over the valley when you have accessibility problems. Sometimes it is preferable because it minimizes the number of approaches to the public street. It functions quite well, I have one in my particular neighborhood, there are 3 homes and they come off, they are tucked back in a corner, very similar to this. They come off a shared driveway and it works very well. The Highway District did review that shared driveway concept. The one required they asked of us is that we put notes on the plat so that there is a perpetual ingress and egress for access to those two lots that would run with the land forever. So that there would be no way that they could be cut off from access to the public street. That is easily done. We have a second micro path over here on this west side that is to the school district. I did coordinate that location with them, that was their preferred location in that vicinity. Kids would have access here, we will have 5 foot sidewalks both sides of the street. They will have access here, access here and then access here. With those three points is should function quite well. Whatever develops around it could coordinate their micro path connections also. There is one existing home on the property, it sits right here up on Ustick Road, that hope will be retained. We are platting that lot, it has (inaudible) because to Ustick Road due to the fact its garage is oriented directly to Ustick Road. We will be taking sewer and Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 29 water to that lot, we provided and easement here. We will have to work this out with the staff in bringing that off there. That trunk line like I said comes down through here and we, all of these lots will sewer to that trunk line. According to Meridian's public works staff we can't extend that trunk line down Ustick road like you typically find where you take the sewer to and through due to the fact that it is just too; shallow and it couldn't serve any properties to the west at the depth that it is currently at. Water, there is a 12 inch water line here that Englewood brought through, we will have to take that down Ustick Road. All of these lots that you see here exceed 8,000 square feet. We meet the requirements of the ordinance for the minimum homes size of 1400 square feet. We will have to request a variance to the City Council due to the fact that we have got this block length here that does exceed 1,000 feet .the. staff did address that in their comments. We are breaking it up at this point with the micro path and I think the intent of minimizing the block length is to provide acceptable pedestrian access between different blocks within subdivisions or adjoining uses such as parks, schools and that particular micro path would serve that function. We had an angle on this micro path in the beginning and we angled it in order to meet our 80 foot frontage requirement for this particular lot 19. In staff's comments they asked us to straighten the micro path out and reduce the frontage here and stipulated that we would need to request a variance for that particular lot on the frontage requirement. They felt that it .was an acceptable compromise due to the fact that we get a nice straight connection with the micro path. All of these streets are public, one of the things that we worked through with the highway district we originally had a street coming straight through here. They want us Jo break that up to slow the traffic down. We will have some traffic exiting to the north from the Lake at Cherry Lane. They want us to put these different curves in here. Every time we make a 90 degree turn that traffic has to slow down. When we had a straight connection right here obviously you go that length traffic can get up to 45 miles per hour and that is not preferable. So this layout does slow that traffic down that may be inclined to cut through us to get out to Ustick Road. Do you have any questions? Johnson: Any questions from the commissioners? MacCoy: I have two, first place I commend you for doing your homework, I appreciate that I am sure we all do. (Inaudible) You have already received the staff s comments and gone over them, and I guess what I am hearing here is you have no problem with any of that. Bowcutt: We addressed all of staff's comments did you receive, Will did they receive a copy of my letter? Johnson: We did yes. Bowcutt: I addressed all of staffs comments and I don't think we had any disagreement other than the item where they questioned the less than 100 foot centerline radius on our curves here. When Ada County Highway District, I guess I probably ought to Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 30 address that for the record when Ada County Highway District revised their policy manual they omitted a section that referenced what they call an L intersection and what this centerline radius should be. They did it, it wasn't intentional it just happed. The way that this policy plan reads that this centerline radius must be 100 feet well when you take an L here that is a 65 foot radius. So based on our conversations with the Highway District and their reviews on other projects when this issue was brought up they have told us that as long as it meets the criteria of an L intersection it is acceptable. They are currently making changes to their policy plan right now, they are supposed to be adopted in July. We have repeatedly told them please get this section of your policy plan straightened out. So I would like the record to reflect that we are meeting their criteria based on what they have told us. MacCoy: Are you in receipt of the letter from Gary Johnson? Bowcutt: No sir Johnson: Here is a copy for you, you may want to read it while we take further testimony. MacCoy: Basically a quick run through that, the stand point there he has been doing farming for 57 years in the area and he raises some very good points that you might want to take into consideration. He is an operating dairy and he has truck traffic and he has tractor operation and he also has the odors, the dust and the spray. I thought this idea about the sprayer planes too was of interest. He thinks that you should include that in your works so that people understand that they do have a real dairy and they don't want to have since they said they have been good neighbors all these years they don't want a lot of complaints later on from people new to the area and then find out they live next to a dairy. So, I just bring that up as a point of interest to you and I am sure you will take care of that. Bowcutt: If I could answer that, Ada County requires us when we are out on the fringe areas where we have other rural interests in the vicinity to put what they call the right to farm statute out of the Idaho Code on the front of our final plat. It basically states that when anyone that purchases a lot in this subdivision recognizes the fact that people have the right to farm whether that be a dairy or row crop whatever the case may be. Those uses are legal and cannot be considered a nuisance if operated under the current statutes. So I think something like that could be applied that has worked in the past. Johnson: Any other commissioners? Borup: Maybe just one of curiosity for myself, do you have any idea why that sewer line meanders like that through there? Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 31 Bowcutt: I don't have any idea, I asked that question and no one could really answer it for me. Johnson: Mr. Smith could answer that, Gary Smith. Eng. Smith: Mr. Chairman, I can answer that question and I would like to make a few comments if it is all right. The sewer line was designed in 1976 1 think to conform to a preliminary plat that was being proposed. That is why it is where it is, it wasn't just arbitrarily just dog legged through that property. The other comments that I have sir or Becky, the first comment you responded to concerns a 24 inch pipe (Inaudible) a concrete ditch that traverses the parcel diagonally. Does that ditch go any farther than this piece of property? It does not so you will end that ditch at that point? Bowcutt: The water comes in right here Eng. Smith: I know where it is. Bowcutt: It looked like it just fed that property and there are two little drain ditches that pick up the waste and they function the same way. Eng. Smith: It does not cross Ustick to serve any property on the other side? Bowcutt: Not to my knowledge (inaudible). Eng. Smith: I know you understand our policies or the requirements of the ordinance. We raised a point about the content of the application on the square footage and the minimum lot size and minimum structure size. That was different then what shows up on the plat. I know what shows up on the plat is in conformance with the ordinance but I guess I am curious as to why it was stated in one manner on the application and otherwise on the plat? Bowcutt: It was a typo that just wasn't caught. They go through, we have your application on our word processor and they go through and revise those items with each application, they just didn't change that. Eng. Smith: The Lot 6, Block 6 that you are proposing to serve as a shared driveway, who will own that lot? Bowcutt: That is a good question, I guess we would have to talk to you what your preference be. Eng. Smith: Will it be a paved access way? Bowcutt: Yes, I guess the association would own it. Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 32 Eng. Smith: Same as the micro link? Bowcutt: That would be our first option unless that was unacceptable to the City. We would pave it, we would pave the full width. Johnson: Anything else Gary? Eng. Smith: One other comment that I will make, I made for the Candlelight Subdivision for Englewood Creek and I will make it for this one. Similar to Mr. Johnson's letter the City of Meridian operates and maintains a sewage treatment plant % mile north of this project site. We treat human waste there and once in a while there are some odors. Sometimes the wind blows from the northwest and just for the record we are there and we have been there since 1979 and we intend to stay and will be the best neighbors that we can be. But it is not an infallible situation and it is a process that does have odor for the record. Johnson: Anyone else for the applicant at this time? Smith: I have a couple of questions, that shared driveway lot 6, Block 6 does the fire department require any type of turn around at the end of that? Bowcutt: The ones that we have designed in the past in various fire districts have not required a turn around. I haven't seen Mr. Bowers response to this plat, I know I received it. Typically what the look at is if that dwelling is within 100 if they can get within 150 feet of the rear of the dwelling it meets the uniform fire code. So if you, say you parked a truck right here at this corner, there is a fire here. It is 80 feet from here to here and 84 feet from there to there. And your house is going to sit right in this area. I think it is 150 to the rear of that building. Smith: So they don't need to drive down there? Bowcutt: They don't have to no. Smith: I know they don't like to back their trucks. Bowcutt: No they don't like to back them up and in these situations we have never had to provide a turn around unless it was excessively long. Smith: The second question I had was the elementary site is that part of your client's property? Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 33 Bowcutt: The elementary, the property is owned by Mr. Aschenbrenner and we have an option on the 28.6 acres and the school district has an option on the 12 acres. So we do not control this. Smith: So the extent of your client's contribution the school is the access drives. Bowcutt: Yes, this, this and the sewer and the water. Johnson: Thank you Becky, anyone else from the public that would like to address the Commission at this time? Any further comments from staff or the commissioners? Borup: Mr. Chairman, speaking to the application and I realize a variance on lot 19 on the lot width and I realize the City Council needs to make that but considering the 18,000 square foot lot with over 200 feet down one side that seems a reasonable request in that situation to me. Johnson: We can take that as an educative comment couldn't we. Borup: From the standpoint of a builder when you have a lot that size you can have a reduced setback. Johnson: Anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Johnson: This is a preliminary plat findings of fact are not required. So we need to have a motion recommending approval or disapproval for the City Council. MacCoy: Mr. Chairman, I recommend that we approve the preliminary plat and forward it to the City Council. Smith: Second Johnson: Motion and a second to pass a favorable recommendation onto the City Council for the preliminary plat for this application, all those I favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Johnson: I will now open the public hearing and ask that the applicant's representative or the applicant address the Commission at this time. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City En ine Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 7 COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH June 13, 1997 Re: Preliminary Plat for DAKOTA RIDGE SUBDIVISION, 90 Single-family Building Lots on 28.6 Acres by Max A. Boesiger, Inc. 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 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. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. DAKOTA RIDGE SUBYP Mayor, Council and P&Z June 13, 1997 Page 2 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. Respond, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map 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 will be via the existing main that traverses through the development. 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 will 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. The length of the entrance island on N. Prairie Way looks like it would impede the access to Lot 2, Block 3. Shorten the island to cover no more than '/2 the frontage of Lot 2. Add an arrow symbol designating the front of house orientation on Lot 2, Block 1 toward Bismark Drive. 4. The minimum centerline radius of curves for all local streets is 100 feet per the Ada County Highway District's Development Policy 7204.4.11. Six curves within this proposed development do not conform. Revise the plat to correct this, or supply the Public Works Department with an explanation of ACHD's criteria for acceptance of the sub -standard designs. DAKOTA RIDGE SUB.PP Mayor, Council and P&Z June 13, 1997 Page 3 5. The application submitted with the preliminary plat states that the minimum square footage of the lots would be 8,320 and the minimum square footage of the structures would be 1,500, but the face of the preliminary plat states that the lots will be 8,000 square feet and the structures will be 1,400. The minimum square footages per Ordinance are 8,000 for the lots and 1,400 for the structures. Please state the correct proposed data. 6. Rework the lot configurations around the south end of the micro path through Block 3 to facilitate the path extending clear to the right-of-way of Bedrock St. without any bends. Lot 18 should have 40 feet of frontage clear of the pathway. This may require Lot 19 to have less than the required minimum frontage of 80 feet; however, with its extra large size, a variance from this requirement seems to be a minor compromise in order to get the micro path completed through the block without having hazardous bends that make it difficult for a pedestrian to see around. 7. Please darken up the contour lines on the preliminary plat map. They are so faint now that it is very hard to see any existing ditches or features that may need special consideration. 8. Indicate any existing ditch easements on the preliminary plat map. The Rutledge Drain, for instance, is reported to have a 60 -foot -wide easement centered on the drain. 9. The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that don't meet the minimum frontage required by the particular zone, or when there is concern with aesthetics. 10. Identify the source of the pressurized irrigation system. Any proposal for a supplementary connection from the City's water system will need to reviewed closely due to the size of the area to be watered. 11. 250- and 100 -watt high pressure sodium street lights 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. 12. Please identify the locations where open detention ponds are proposed to be utilized. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. DAKOTA RIDGE SUBYP Mayor, Council and P&Z June 13, 1997 Page 4 13. A detailed landscape plan for the common areas shall be submitted for review and approval prior to 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. 14. Block 4 exceeds the maximum length of 1,000 feet. The future elementary school site is the primary reason for this excessive block length. The applicant does propose a 20 -foot - wide pedestrian walkway. Applicant is to assure the City that construction of the walkway can meet City Ordinance requirements and still allow its use as a drainage area. 15. 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. 16. The Applicant is proposing two lots that will have no direct street frontage. The lots would utilize the City's sanitary sewer easement for their driveway. 17. A development agreement is required for this project, as a condition of annexation of the property. DAKOTA RIDGE SUBTP WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt, SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomey HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P—&.Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesi2er Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2 Section—3 T.3N R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GASfRE&FINALPLAT) BUREAU OF RECLELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt, JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MEK" IAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor _COUNCIL_QQUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z QOMMIS. ION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 _ HEARI G DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridc a Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesizer Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2. Section 3 T 3N R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLMMACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)., ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH �'� _NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) -U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES �-- -OTHER: C9 ` q YOUR CONCISE REMARKS: LL L O r+'1 o 6 :t J- G J: L L- /tl..e e 7�c� Gv'r; i , - 1•f 2 J {f137 SUPERINTENDENT Dr. Bob L. Haley May 28, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: I have reviewed the plat for Dakota Ridge Subdivision and find that it includes approximately 90 homes assuming a median value of $170,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chaparral Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 27 elementary aged children, 23 middle school aged children, and 28 senior high aged students, Meridian School District will grant approval of this subdivision. We are currently negotiating a school site in this development. Sincerely, Jim Carberry Administrator of Support Services JC: gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann C00 ENTRAL DISTRICT HEALTH DEPARTMENT Rezone ## CENTRAL DISTRICT HEALTH DEPARTMENT,, ;E-- i,,, -- Environmental Health Division Return to: I "10 4 °❑ Boise 4 ilfg'�S�d� Eagle nGarden city Co I Use ## .Q Meridian ❑ Kuna relimina Final / Short Plat ��,�� ,�� c '5—aa1c1/S/v1 ❑ ACZ ❑ I. We have No Objections to this Proposal. 2. We recommend Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. F] 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities.are submitted, we can approve this proposal for: 0 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 8 central water ❑ individual sewage ❑ individual water EX 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: e central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ® central water 10. Street Runoff is not to create a mosquito breeding problem. rom M Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store oald 2'k? 1-J /N7a) ,A- Date: --5' 120117 J3" G ,ft,: -5 ge-- /2c_' 7 Reviewed By: Revie heet (DHD 10/9I d. rev. I/95 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Preliminary Plat for Dakota Ridge Subdivision - Max Boesiger Inc. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 4 June 1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Will Berg, City Clerk Boise 345-2431 Meridian City Hall 33 East /daho Meridian, ID 83642 RE: Preliminary Plat for Dakota Ridge Subdivision - Max Boesiger Inc. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 June 1997 Stan McHutchison Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, ID 83705 r 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Dakota Ridge Subdivision Dear Stan: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Leonard A. & Freda N. Aschenbrenner Max A. Boesiger, Inc. City of Meridian enc. ;j APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney KUB OF TREASURE VALLEY A Good Place to Live CITY I 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, Presidert RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY BA Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiger Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2 Section 3 T.3N R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: �r-S �ti f r err P J U it 17 1997 7 To: Meridian Planning & Zoning Commission T Of Irk Re: Hearing for Dakota Ridge Subdivision June 18, 1997 Dear planning & Zoning Commissioners: our family has operated a dairy/farming business across Ustick Road, from the proposed Dakota Ridge Subdivision, for approximately 57 years. Although we are not opposed to the development of this neighboring property, we have some concerns for the future, since many new home owners that move to the country find that the country experience: they stepped into, isn't always at times, what they expected. We have always tried to be good neighbors in the pay -5t by running a clean and efficient operation. However , theme art: certain annoyances that go along with this type of operation, such as truck traffic, tractor operation at odd hours, c -lust, odors, spray planes, and flies, at' intermittent time -is during the year . We would like to be good neighbors in the future, b,,, asking the planning & Zoning Commissioners to require that, this information be recorded on the plat document so that any new owners are notified of the presence of a neighboring dairy operation and therefore avoiding the potential for complaints or problems from the new residents of Dakota Ridge Subdivision. Respectfully submitted, Gary S. .Johnson /018 W. Ustiok Rd. Meridian, Idaho 8864;' 888--2006 � AGINEER/NG . BRIGGS INC. June 18, 1997 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Attn: Bruce Freckleton Shari Stiles Will Berg Re: Dakota Ridge Subdivision Dear Bruce, Shari and Will: )'Jif ,..�I' The following responses address the comments and conditions set forth by City staff for the Dakota Ridge Subdivision. General Comments: 1. The subject property receives irrigation water at the southeast- corner of the parcel. A 24 -inch pipe feeds a concrete ditch which traverses the parcel diagonally. The concrete ditch will be removed. Two small wastewater ditches run along the south and east boundary. These ditches appear to service only the subject property and will be removed. The Rutledge Drain resides on the proposed school parcel and does not traverse the subject property. 2. The existing home on the property has a well and septic system. The home will be connected to central water and sewer during construction of the development. The developer will comply with City Ordinance Section 5-7-517. 3. Test holes with monitoring tubes have been installed on the property. During excavation and additional monitoring, the groundwater levels appear to be 5-6 feet below the surface. A groundwater report with monitoring data will be provided with the construction plans. 4. All proposed streets will have 5 -foot sidewalks on both sides. 970210/meridian.1tr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 9 (208) 344-9700 Fax# (208) 345-2950 BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 5. Understood. 6. The preliminary plat reflects Ada County Street Name Committee comments. 7. Engineer will coordinate hydrant locations with the City of Meridian. 8. Understood. Site Specific Comments: 1. It is our understanding that sewer extension west of Ustick Road will not be necessary since the sewer depth would be too shallow for service of westerly properties. The existing main has caused substantial design difficulty due to its meandering location along the east boundary. The sewer from Ustick Road manhole south to the first manhole deviates from the traditional corridor due to the location of the entrance. The approach was set based upon the required offset from the Englewood Subdivision entrance by Ada County Highway District. We respectfully request City staff to work with us to find a compromise for the sewer corridor deviation. 2. Water design will be coordinated with the City of Meridian. 3. The entrance island length was shortened to increase accessibility distance. Lot 2, Block 1 was widened to increase frontage. Orientation of the home on Bismark Drive is the preferred condition. 4. Ada County Highway District allows for less than a 100 -foot centerline radius if the curve falls within the criteria of an "L" intersection. The minimum mid -block centerline radius with an approximate 90 degree angle shall be 65 feet. This is in accordance with Ada County Highway District interpretation of a mid -block 90 degree curve. 5. The applicant is requesting approval under the dimensional standards of the R-4 zone, which includes a minimum lot size of 8,000 square feet and a minimum structure size of 1,400 square feet. The proposed lots will meet or exceed the 8,000 square foot lot size. The requested structure square footage of 1,400 is consistent with the Meridian Ordinance. 970210/meridian.1tr SRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 6. The lot configuration adjacent to Lot 9, Block 3 (Micro -Path Lot) has been modified to straighten the pathway. The frontage of Lot 19, Block 3 was reduced to accommodate the change in the micro -path. The applicant will request a variance for the frontage requirement. 7. The contours have been darkened to improve visibility. 8. The only known irrigation easement is the Rutledge Drain Easement. The drain resides entirely on the proposed school parcel which is not a part of the proposed subdivision. We have added the 60 -foot easement to the drawing reflected on the school parcel. 9. The corner lots have been reviewed for frontage compliance based upon the evaluation procedure used by the City of Meridian. Directional arrows for house orientation have been added. 10. The preliminary location for the irrigation pump station is Lot 14, Block 6. This location would require approval by Nampa & Meridian Irrigation District. 11. Street lights will be installed per City of Meridian requirements. 12. Lot 14, Block 6 will be utilized for a detention pond and a possible overflow to the Rutledge Drain. Lot 16, Block 1 and Lot 1 Block 4 will utilize bio-swales and seepage beds for a self-contained drainage system. 13. A detailed landscape plan will be submitted with the final plat submittal for staff review. The applicant understands installation or bonding of landscaping is required prior to signature on the final plat by the City of Meridian. 14. Block 4 exceeds the maximum block length of 1,000 feet. By providing a micro -path connection for the school parcel, the applicant has provided an interconnection within Block 4. If the micro -path is utilized for drainage, all facilities would be sub- surface and would not interfere with the functionality of the pathway. 15. The applicant understands perimeter fencing is required. A portion of the east boundary has an existing 6 -foot chain link fence installed by the developer of Englewood Subdivision No. 1. The applicant understands fencing along the boundary is required prior to issuance of a building permit. 970210/meridian.ltr BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 16. Lots 4 and 5, Block 6 have no frontage on the public street because of the required separate sewer lot. We are proposing a 30 -foot shared driveway located on the sewer trunk lot. Shared driveways for residential development is a universally accepted practice where accessibility is hindered. Ada County Highway District has reviewed the situation and will require the final plat to reflect a note addressing a perpetual ingress and egress easement to run with land for the two lots. 17. The applicant understands a development agreement was required as a condition of approval for the previous annexation. Sincerely, BRIGGS ENGINEERING, Inc. W Beckly L. Bowcutt Land Use Planner 970210/meridian.Itr jog 3 " §4§GfrY�s°� �E iiS'S'I €5"s Yo�S �HIc� iaz6364.1 1, t MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18 1997 APPLICANT: MAX BOESIGER ITEM NUMBER: 7 REQUEST: FINAL PLAT FOR DAKOTA RIDGE ESTATES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G, BERG, JR., City Clerk JANICE L'. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt, SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W, BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 . Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City E�meer -;;�C- Shari Stiles, P&Z Administrator Re: DAKOTA RIDGE SUBDIVISION (Final Plat by Boesiger Development) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH November 11, 1997 We have reviewed this submittal and offer the following comments, as conditions of the final plat. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit a letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash, will be required for these improvements prior to signature on the final plat.. 5. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Please submit a copy of the Ada County Street Name Committee's approval letter for the dakotardg.FP Mayor and City Council November 11, 1997 Page 2 Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. 8. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk=s office by 12:00 noon, November 14, 1997. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. 3. Submit detailed landscaping plans, including sizes and species of vegetation and details of walkways, as well as detailed elevations of drainage areas, for approval prior to signature on the final plat. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 4. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.13. Sidewalk improvements will be required along entire frontage of Ustick Road as well as within development. 5. Sanitary sewer service to this site will be via the existing main that traverses through the development. 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. 6. Water service to this site will be via an extension of an existing main installed in Ustick Road. 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. 7. CC&R=s require Council review and approval. Of particular importance are the methods for collecting, each year, a depreciation fund sufficient to build and maintain the common dakotardg.FP Mayor and City Council November 11, 1997 Page 3 improvements (landscape and drainage areas, irrigation system, etc.), and setback requirements. 8. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 9. The Findings of Fact and Conclusions of Law for the annexation of this property indicated that minimum house size is to be 1,500 square feet. This minimum house size was also included on the application for preliminary plat. 10. Add or revise the following note(s); 1.) ...lot drainage and-landseape over the ten... 8.) ...Lots 1 and 9, Block 3, Lot 1, 5, and Lot 1, Bleek 6 are non -buildable... 9.) ...shall contain a minimum of 1,500 square feet, exclusive... 11.) Delete the last sentence of this note. 12.) ...shall be used as a public utilities, irrigation Meridian tarysewer-,—and Homeowners= pedestrian access corridor. A blanket easement is hereby dedicated in favor of the City of Meridian for sewer facilities. 13.) Add note to dedicate ten -foot easement across the rear of each lot. This will be needed for cable television, telephone, and pressurized irrigation. 14.) A blanket easement is hereby dedicated on Lot 16, Block 1, Lot 1, Block 4, and Lot 1, Block 6, in favor of the Ada County Highway District for maintenance of storm drainage facilities. 15.) All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. in the records of Ada County, Idaho. 16.) Add "Right to Farm" note revised to include operations of the Meridian Wastewater Treatment Plant. 11. Add arrows depicting house frontage toward W. Bismark Drive for Lot 2, Block 1, and toward N. Prairie Way for Lot 13, Block 2, and add symbol to legend. 12. Add the CP&F numbers to all government corners. 13. Land surveyor needs to sign and date the front and backof the plat. 14. Delete reference to United Water of Idaho, Inc., and replace with the City of Meridian in the Certificate of Owners' domestic water service origin note. 15. Developer is required to enter into a development agreement with the City of Meridian prior to signature on the final plat. A draft development agreement was submitted with the final plat, but some modifications and review and approval of legal counsel is required prior to approval of the agreement. dakotard&FP WILLIAM G. BERG, JR., City Clerk JANICE L; SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 11, 1997 TRANSMITTAL DATE: 10/10 /97 HEARING DATE: 11/18 /97 REQUEST: Final Plat for Dakota Ridge Estates Subdivision BY: Max Boesiger LOCATION OF PROPERTY OR PROJECT: South of Ustick and one-half mile west of Ten Mile JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _ ,POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN G (PRELIM & F L PLAT) BUREAU OF REC N(PRE M FINAL PLAT) CITY FILES Z OTHER: YOUR CONCISE REMARKS: 0 C T 15 1997 CM OF MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 2-&Z Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _November 11, 1997 TRANSMITTAL DATE: 10/10 /97 HEARING DATE: 11/18 /97 REQUEST: Final Plat for Dakota Ridge Estates Subdivision BY: Max Boesiger LOCATION OF PROPERTY OR PROJECT: South of Ustick and one-half mile west of Ten Mile 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 _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _VVALT MORROW, C/C _ U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES OTHER: /O ` % -q? ,FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT CITY ATTORNEY �L ut y I /' Lo f wi l,ii— vle-112p- -CITY ENGINEER CITY PLANNER cra r s. VP'") OCT L14 1997 SUPERINTENDENT Dr. Bob L. Haley October 20, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: RECEIVED 0CT221997 (Y OF MERIDIAN I have reviewed the plat for Dakota Ridge Subdivision and find that it includes approximately 90 homes assuming a median value of $170,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chaparral Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 27 elementary aged children, 23 middle school aged children, and 28 senior high aged students. Meridian School District will grant approval of this subdivision. We have purchased a school site in this development. Sincerely, Jim Carberry Administrator of Support Services JC:gr BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann SUBDIVISION EVALUATION SHEET Proposed Development Name DAKOTA RIDGE City Meridian Date Reviewed 10/16/97 Preliminary Stage Final XXX Engineer/Developer Briggs Engr. / Max Boesiger The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followina existing street names shall al2pear on the plat "W. USTICK ROAD" W. NIEMANN DR." "W. BISMARK DR." is approved and shall appear on the plat "N. CEDAR CREEK AVE." is a duplication and cannot be used It is aligned with "N. NAOMI LN." to the north and shall be named "N NAOMI AVE." as noted 05/29/97 "N. PRAIRIE WAY" is a duplication and cannot be used It is aligned with "N TURNBERRY " —4 ^"^11 .,., — +". .,.,...,. "AI TI I-nK Inrnnv Iein v" ,,Z� We 5 M 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 REP,RUENTATIVES OR DESIGNEES Ada County Engineer John PriestE Ada Planning Assoc. Ann Hurley City of Meridian Fire District Meridian Representati Representati Date /a- 6( - f e;" Date '1_-+ Date 1U-16--97 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 !I!! Subindex Street Index 3N 1W 3 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM ❑ I. We have No Objections to this Proposal. F] 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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: Ia central sewage ❑ community sewage system ❑ community water well ❑ interim sewage [2F 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: ,8- central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 9 central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 014. .�1/ �/,A1V A, -A, , X U11J lr aul,�l Z`?oaJ /1./ia Date: lel 15 9 0/-14-SY-1 .Sw4't-11K fs'�/=�/zc j]IS G4L4 " ez 7y ?fiN Reviewed By: L00 10191 rcb, rrr. 1199 Review Sheet CENTRAL CEN FRAL DISTRICT HEALTH DEPAki"MENT �i400 DISTRICT HEALTH Environmental Health Division �=�� = �-�� Returnto: Boise DEPARTMENT c, 1997 ❑Eagle Rezone # C:IT iy: lirf1d>b r 1 ❑ Garden City Conditional Use # '§ Meridian ❑ Kuna PreliminaryFinal / hort Plat AA'1C-0i,9 �i��r �STf1-rSv �s�v� ❑ ACZ ❑ I. We have No Objections to this Proposal. F] 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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: Ia central sewage ❑ community sewage system ❑ community water well ❑ interim sewage [2F 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: ,8- central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 9 central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 014. .�1/ �/,A1V A, -A, , X U11J lr aul,�l Z`?oaJ /1./ia Date: lel 15 9 0/-14-SY-1 .Sw4't-11K fs'�/=�/zc j]IS G4L4 " ez 7y ?fiN Reviewed By: L00 10191 rcb, rrr. 1199 Review Sheet 28 October 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 N 0 v 0 9 1997 IT) 4E91010' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # MUKA)A(XKX 208-463-0183 RE: Final Plat for Dakota Ridge Estates Subdivision -Max Boesiger Dear Commissioners: Phones: Area Code 208 OFFICE: Na466-7861 XMm a XXW X SHOP: No The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Ill Henson, Asst. Water Superintendent NAMPA & 1,,JERIDIAN IRRIGATIOAT DISTRICT BH.-dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-e6&4-229* ,V40 _009E 30 October 1997 Phones: Area Code 208 Stan McHutchison OFFICE: Nampa 466-7861 Briggs Engineering, IriC.CoA SHOP: Nampa 466-0663 1111 South Orchard, Suite 600 Boise, ID 83701 RE: Land Use Change Application for Dakota Ridge Subdivision Dear Stan: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Max A. Boesiger, Inc. Leonard/Freda N. Aschenbrenner City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Max A. Boesig_er, Inc. , and Idaho Corporation, party of the second part, hereinafter called the "DEVELOPER", whose address is 2447 S. Vista Boise Idaho 83705. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/orequity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A"( ich i ttached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, ,passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, I1-2-417 D; and. WHEREAS, an application for annexation and zoning of that certain property described in Exhibit "A" was submitted, requesting zoning of Low Density Residential District (R-4) and the DEVELOPER has submitted a subdivision final plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or rezoned, 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 or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 97021 Mevel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder" office prior to any development. b. 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 represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. , C. 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. 3. 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. 4. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. 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. 5. 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. 6. 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. 7.. 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 Engineer in charge of the work, that said Plans of the various improvements are true and correct 8. 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. 9. 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 improvement, or improvements, the DEVELOPER will pay to the CITY the actual costs paid or 970210Wevel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 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 of Idaholluus 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 Finding 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. 10. 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 appeal to a court of competent jurisdiction. 11. 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 improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the ,prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 12. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing, 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 Statf of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of 97021 OWevel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, .subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole -purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14. The 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. 15. 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 11-9-606 C 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. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions -set forth in Exhibit "B" attached hereto and by this reference made a part hereof; 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. 17. 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 970210\devel-agr -DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 and/or improvements separately or at a later time, DEVELOPER 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'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. 18. 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. 19. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: city Eft& Ycer 0,p/ f�- City of Meridian 33 East Idaho Meridian, ID 83642 With copy to: Wayne G. Crookston, Jr. Aff lb P-&—BVx-427—_ sA4eriditttt, 1daho�con DEVELOPER: Max A. Boesiger, Inc. 2447 S. Vista Avenue Boise, Idaho 83705 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. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification of this Agreement. 970210\devel-agr -DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 23. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 DATED the date, month and year first appearing. DEVELOPER: By Max A. Boesiger, Inc. Richard Boesiger CITY OF MERIDIAN: 51 an Robert D. Corrie, Mayor William G. Berg, Jr., City Clerk 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) ss. County of Ada) On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Boesig_er ,known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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.. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) Fx-M County of Ada) On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT .D. CORRIE and WILLIAM G. BERG, JR.., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX, A. BOESIGER, INC. Commencing at the northwest corner of Government Lot 2 (north 1/4 corner) of Section 3, T. 3N., R. 1W., B.M., thence S 0°27'37" W 25.00 feet to a point on the southerly right-of-way of Ustick Road, the REAL POINT OF BEGINNING of this description; . Thence S 89°06'21" E 1,320.42 feet along said right-of-way to a point on the east line of said Government Lot 2; Thence S 0°26'04" W 1,342.08 feet to the southeast corner of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south line of said lot to the southeast corner of a proposed school site: along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; Thence N 0°00'00" E 347.57 feet to a point; Thence N 17°00'00" E 108.69 feet to a point; Thence N 0°53'39" E 254.00 feet to a point; Thence N 74°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point; Thence N 89°32'23" W 223.11 feet to a point on the west line of said Lot 2; Thence N 0°27'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description, this proposed subdivision comprising 28.64 acres, more or less. EXHIBIT "A" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX, A. BOESIGER, INC. This subdivision is for 90 Single -Family dwelling units with an overall density of 3.15 dwelling units per acre. The DEVELOPER shall: 1. DEVELOPER shall develop the property described in Exhibit ."A" as a 90 lot Single Family Residential Development pursuant to § 11-9-607 'of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACHD"), Central District Health Department and the Nampa -Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscaping — Ustick Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the south right- of-way line of Ustick Road ("Ustick Road Landscaping"), except for the driveway access. The Ustick Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Ustick Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk — Ustick Road. Prior to obtaining a building permit on . the Subject Property, deposit funds with the Ada County Highway District for construction of 1' a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the north boundary of the Subject Property )"Ustick Road"). The Ustick Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "ACHD") in effect at the time of construction. C. Dedication/Sale of Additional Right -of -Way — Ustick Road. Dedicate or sell land adjacent to the existing south right-of-way line of Ustick Road required to meet ACHD's requirement for a forty -five-foot (45') right-of-way from the ;,enterline of Ustick Road, including any necessary bike lanes. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. f. Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. L Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. j. Landscaping — General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 N 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Dakota Ridge Home Owners Association. 6. Pressurized Irri ag tion. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencing. Perimeter fencing (required prior to obtaining building permits). 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 2 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, and the between the CITY OF MERIDIAN, A MUNICIPAL CORPORATION of the State of Idaho, party of the first part, hereinafter called the "CITY", and AVENUE ONE, a California general partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is P.O. Box 5465, Sherman Oaks, California 91413. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in Ada County, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of 'land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A," and requested zoning of DEVELOPMENT AGREEMENT Page - 1 June 23, 1994 R-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what, improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY of Meridian to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to DEVELOPMENT AGREEMENT Page - 2 June 23, 1994 deannexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-deannexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses, all such single-family houses shall have at least 1,500 square feet of floor space, exclusive of garages. 3. That the property zoned R-4, described in Exhibit "A", shall have lot sizes of at least 8,000 square feet, which is the size represented at the CITY hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, town houses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and DEVELOPMENT AGREEMENT Page - 3 June 23, 1994 preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or deannexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at 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, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision DEVELOPMENT AGREEMENT Page - 4 June 23, 1994 Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements 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. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said DEVELOPMENT AGREEMENT Page - 5 June 23, 1994 improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the ,various water and sewer lines, all utility lines, and pressurized 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 Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering specifications governing the construction of these facilities. DEVELOPMENT AGREEMENT Page - 6 June 23, 1994 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed' improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, 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 improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior DEVELOPMENT AGREEMENT Page - 7 June 23, 1994 thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER shall, at the request of the CITY, convey to the CITY or to Joint School District No. 2 (Meridian School District), as the CITY may direct, approximately acres of its real property in the location and configuration as is depicted on Exhibit "C" attached hereto and incorporated herein by this reference for use by the CITY and/or the Meridian School District as a park and/or school site. Such conveyance shall be made without cost to the CITY or the Meridian School District except such closing costs and recording fees as are normally incurred in a transaction of such nature, all of which shall be paid by the entity taking title to the said property. The covenant contained in this paragraph shall be binding upon DEVELOPER for a period of years from the date of this Agreement after which time the DEVELOPER'S obligations as described herein shall be of no further force or effect. 13. 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 DEVELOPMENT AGREEMENT Page - 8 June 23, 1994 right to withhold the issuance. of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 14. Agrees that in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear DEVELOPMENT AGREEMENT Page - 9 June 23, 1994 interest at a rate of the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 15. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 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; provided further that upon request of DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, DEVELOPMENT AGREEMENT Page - 10 June 23, 1994 deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant, and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The 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. 16. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, DEVELOPMENT AGREEMENT Page - 11 June 23, 1994 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 concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comer agreements 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 for. The CITY's DEVELOPMENT AGREEMENT Page - 12 June 23, 1994 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. 17. 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. 18. 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; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. DEVELOPMENT AGREEMENT Page - 13 June 23, 1994 19. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: DEVELOPER: City Engineer Andrew D. Byron City of Meridian 3431 E. Gloucester 33 E. Idaho Boise, Idaho 83706 Meridian, Idaho 83642 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution by the Mayor and City Clerk. 23. That DEVELOPER agrees to abide by all ordinances of the City of Meridian and the property shall be subject to deannexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DATED The date, month and year first appearing. D _• By Andrew D. Byron DEVELOPMENT AGREEMENT Page - 14 June 23, 1994 CITY By GRANT P. KINGSFORD, MAYOR By WILLIAM G. BERG JR., CITY CLERK STATE OF IDAHO ) SS. County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ANDREW D. BYRON, known, or proved to me, to be a partner of the General Partnership that executed this instrument and the person who executed the said instrument on behalf of said corporation, and acknowledged to me that such General Partnership 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. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT: STATE OF IDAHO ) SS. County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed this instrument and the persons who executed the said instrument DEVELOPMENT AGREEMENT Page - 15 June 23, 1994 on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL NOTARY,PUBLIC FOR IDAHO RESIDING AT MERIDIAN, IDAHO DEVELOPMENT AGREEMENT Page - 16 June 23, 1994 TO: City of Meridian 33 E. Idaho Meridian ID 83642 Shari Stiles Will Berg Gary Smith LETTER OF TRANSMITTAL The Lakes At Cherry Lane DATE: 17 June 1998 FROM: Steiner Development, L.L.C. Doug Campbell SUBJECT: Dakota Ridge Subdivision/Aschenbrenner Property We submit the following documents: DESCRIPTION DATED # OF COPIES Original letter from Max A Boesiger dated June 8 1998 releasing engineering documents to Steiner Development. Copy of letter from Max A Boesiger to Briggs Engineering. dated June 8-1998 assigning zoning and plat approvals to Steiner Development.. For Your Records and Information For your information As requested For your action For your files/records XX cc: Louis Steiner, Sandy Clay, Steiner Development w/enc. Briggs Engineering File Correspondence File Steiner Development, L.L.C. 2574 N. Phoenix Ave. Meridian ID 83642 (208) 884-2076 Fax (208) 884-2086 CU A. Boesiget, General Contractor June 8, 1998 City of Meridian ATTN: Shari Stiles 33 E.Idaho Meridian, ID 83642 RE: Dakota Ridge Subdivision Dear Shari, SUMMERFIELD THE VINEYARDS WEST®ALE PARI{ EAGLE POINTE This correspondence serves as notification that Max A. Boesiger, Inc. is assigning to Steiner Development all zoning and plat approvals received from the city to date for Dakota Ridge Subdivision. Steiner Development is acquiring the subject property and will be moving the project forward in accordance with all city approvals. If you require any additional information, please contact me'anytime. Sincerely, Richard Boesiger Max A. Boesiger, Inc. cc: Louis Steiner, Doug Campbell Sandy Clay; Steiner Development file �%INEY MSS EAGLE POINTE 2447 S. VISTA 9 BOISE, ID 83705 9 (208) 336-2001 ® FAX (los) 336-2387 June 8, 1998 Briggs Engineering, Inc. ATTN: Becky Bowcut 1800 W. Overland Boise, ID 83705 RE: Dakota Ridge Subdivision Dear Becky, This correspondence serves as authorization for you to release to Steiner Development all engineering (plans, specs, etc.) documents designed by your firm to date. Steiner Development is acquiring the property and all city approvals and will be moving forward with the subject subdivision. If you require any additional information, please feel free to contact me anytime. Sincerely, Richard Boesiger Max A. Boesiger, Inc. cc: Louis Steiner, Doug Campbell, Sandy Clay; Steiner Development file EAGLE POINTE 2447 S. VISTA 9 R( ISR- 11" 0 f7.nR1 !;%n.9nn1 . FAX (-JAal