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HomeMy WebLinkAboutCreekside Manor Subdivision AZ PP• • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION CREEKSIDE MANOR SUBDIVISION (PROPOSED NAME OF SUBDIVISION) A portion of the NWQ of Section 19, UN, RIE, B.M., ADA COUNTY, IDAHO (GENERAL LOCATION) See attached (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Steven and Marcia Anderson (See Attached) 208-888-4685 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 1713 Country Terrace Way, Meridian, Idaho 83642 (ADDRESS) Glenn L. Johnson (Liberty Homes of Idaho) 208-344-9180 (APPLICANT) (NAME) (TELEPHONE NO.) P.O. BOX 9412, Boise, Idaho 83707 (ADDRESS) NORTHWEST DESIGN SERVICE Rirhard .1 H jpwP11, Planner 2nR-giq_2n2q (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 1082 Arlington Dr.. Fagle, Idaho 83616 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) Single Family -Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) OWNERSHIP. 9.53 ACRES OF LAND IN CONTIGUOUS n, U Z (FEE) • APPLICATION FOR ANNEXATION APPROVAL AND ZONING MERIDIAN PLANNING AND ZONING COMMISSION RE: CREEKSIDE MANOR SUBDIVISION OWNERS OF RECORD Lot 12, Blk 1 of Country Terrace Subdivision No. 2: Steven and Marcia Anderson 1713 Country Terrace Way Meridian, Idaho 83642 Parcel No. S1119233650: Lee R. and Fae M. Stucker 2230 S. Locust Grove Rd. Meridian, Idaho 83642 • NOTARIZED REQUEST FOR ZONING AMENDMENT RE: CREEKSIDE MANOR SUBDIVISION A REQUEST is hereby made to the City of amendment of two (2) properties located in adjacent to the boundary limits of the City the NW 1/4 of Section 19, T3N, R1E, B.M.; U Meridian for a zoning the county of Ada and of Meridian situated in WHEREAS THE FIRST PROPERTY, identified as Lot 12 in Block 1 of the Country Terrace Subdivision No.2 is owned by Steven and Marcia Anderson of 1713 Country Terrace Way, Meridian, Idaho 83642 which has acknowledged to the undersigned as Optionees, in a separate agreement, giving expressed authorization to request annexation and zoning amendment for said property; WHEREAS THE SECOND PROPERTY, identified as Parcel No. S1119233650 as recorded at the Ada County Assessors Office, Ada County, Idaho is owned by Lee R. and Fae M. Stucker of 2230 S. Locust Grove Rd., Meridian, Idaho 83642, which has acknowledged to Steven Anderson and his Associates, the undersigned as Optionees, in a separate agreement, giving expressed authorization to request annexation and zoning amendment for said property; WHEREAS THE OPTIONEES, identified as the undersigned, ha v herein set their hands: __-n �G Glenn L. Json eorge A Lyda 'OK;hn a ty Hnmmee�s of Idaho The y Homes of I S� • C. Gundersen ichard J�*. ell J.R. West, Inc. J.R. West, I •. STATE OF IDAHO ) COUNTY OF ADA )SS On this day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Glenn L. Johnson, George A: Lyda, and John C. Gundersen, known to me to be the persons whose names are subscribed to the within and foregoing instrument and exhibits thereto, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and y wIrr9g this certificate as above written. Nota'; public for Idaho ,Resid'in j at: ` My Commission Expires: 0 0 • PAGE 2 OF 2 NOTARIZED REQUEST FOR ZONING AMENDMENT CONTINUED RE: CREEKSIDE MANOR SUBDIVISION STATE OF IDAHO ) COUNTY OF ADA )SS On this 18th day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard J.H. Jewell, known to me to be the person whose name is subscribed to the within and foregoing instrument and exhibits thereto, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto se my hand and affixed my official seal, the day and year in is ce ti a as above written. Notary Public for Idah' Residing at: My Commission Expires: 06-08-1996 0 0 CREEKSIDE MANOR SUBDIVISION ANNEXATION LEGAL DESCRIPTION Annexation includes two adjacent properties consisting of 1) Lot 12, Blk 1 of Country Terrace Subdivision No. 2 and 2) Parcel No.S1119233650 as recorded at the Ada County Assessors Office, Ada County, Idaho and all being in the NW 1/4 of Section 19, T3N, R1E, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NW section corner of Section 19, T3N, R1E, B.M.; thence N89043143"E, 1116.35 feet along the north section line of said Section 19 to a point; thence S0030' 1211W, 1029.57 feet to a point being the REAL POINT OF BEGINNING; thence continuing S003011211W, 295.57 feet to a point; thence S002710811W, 194.49 feet to a point; thence N89059115"W, 300.00 feet to a point on the centerline of Ten Mile Creek; thence continuing N89059'15"W, 760.26 feet to a point on the easterly right-of-way of Meridian Road; thence N005510011E, 50.00 feet along said right-of-way to a point; thence S8905911511E, 542.99 feet to a point; thence N005510011W, 144.50 feet to a point; thence S8905911511E, 69.98 feet to a point on the centerline of Ten Mile Creek; Thence N3303812211W, 116.13 feet along said centerline of Ten Mile Creek to a point; thence N1703814011W, 766.02 feet along said centerline of Ten Mile Creek to a point; thence N8904314311E, 105.22 feet to a point; thence S300010011E, 105.00 feet to a point; thence N8904314311E, 114.48 feet to a point; thence N3704412511W, 16.61 feet to a point; thence N300010011W, 91.80 feet to a point; thence S2304112511E, 91.88 feet to a point; thence S3704412511E, 256.08 feet to a point; thence S5201513511W, 30.00 feet to a point; thence S3704412511E, 85.00 feet to a point; thence N5201513511E, 30.00 feet to a point; thence 53704412511E, 170.00 feet to a point; thence N52015135"E, 121.47 feet to a point; thence S3704412511E, 152.38 feet to a point being the REAL POINT OF BEGINNING. Basis of Bearing is N89043143"E, the north section line of Section 19, T3N, R1E, B.M., Ada County, Idaho, also being the approximate centerline of Overland Road. The above described property contains an area of 9.53 acres more or less and is subject to all public right-of-ways and easements that are within the property. 0 RUNNING BROOK EGTATES _ ANNEXATION LEGAL DESCRIPTION (formally Creekside Manor Subdivision) Annexation includt�s t.w(.., --idJacf_ nt properties consisting of ( 1 ) Lot 12, Block 1 of Country Terrace -Subdivision No. 2 and (2) Parcel No. 51119233650 as rec�::1i-dcd at. the Ada County Assessors Office, Ada County, Idaho and rill. 'being in the NW 1/4 of Section 19, T3N, R1E, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NW section corner of Section 19, T3N, R1E, B.M.; thence N 89 43'43"E, 1116.35 feet along the north section line of said Section 19 to a point; thence S 0 30'12"W, 965.00 feet to OF BEGINNING; thence continuing S 0 30'12"W, 360.14 thence S 0 27'08"W, 194.45 feet to a thence N 89 59'15"W, 1060.26 feet right-of-way of Meridian Road; thence N 0 55'00"E, 50.00 feet along point; a point being the REAL POINT feet to a point; point; to a point on the easterly the said right-of-way to a thence S 89 59'15"E, 542.99 feet to a point; thence N 0 55'00"W, 144.50 feet to a point; thence S 89 59'15"E, 69.98 feet to a point on the centerline of Ten Mile Drain; thence N 33 38'22"W, 116.13 feet along said centerline of Teri Mile Drain to a point; thence N 17 38'40"W, 766.02 feet along said centerline of Ten Mile Drain to a point; thence N 89 43'43"E, 105.22 feet to a point; thence S 3 00'00"E, 105.00 feet to a point; thence N 89 4343"E, 114.48 feet to a point; thence N 37 44'25"W, 16.61 feet to a point; thence N 3 00'00"W, 91.80 feet to a point; thence S 23 41'25"E, 91.88 feet to a point; thence S 37 44'25"E, 256.08 feet to a point; thence S 52 15'35"W, 30.00 feet to a point; thence S 37 44'25"E, 85.00 feet to a point; thence N 52 15' 35"E, 30.00 feet to a point; thence S 37 44'25"E, 170.00 feet to a point; thence N 52 15'35"E, 131.47 feet to a point; thence N 37 44'25"W, 61.38 feet to a point on a curve; thence along a curve having an arc length of 30.59 feet, a radius of 45.00 feet, and a chord bearing N 51 03'27"E, 30.00 feet to a point; thence S 37 4425"E, 157. feet to a point being the REAL POINT OF BEGINNING. Basis of Bearing is N 89 4343"E, the north section line of Section 19, T3N, R1E, B.M., Ada County, Idaho, also being the approximate centerline of Overland Road. The above described property contains an area of 9.69 acres more or less and is subject to all public right-of-ways and easements that are within the property. i a a CREEKSIDE MANOR SUBDIVISION REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession, no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will near the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation, are received before 5:00 P.M., Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION RuNNIN(r BROOK tSTA�TEs 1. Name of Annexation and Subdivision, 2. General Location,A portion of the NWa of Section 19. T3N. RIE. B.M..Ada County, Idaho 3. Owners of record, Steven and Marcia Anderson Address, 171-4 Co,intry Tprrare WV , Zip R36AZTelephone 8818-4685 Meridian, Id. 4. Applicant, hns 1 Address, P_0_ Box 9412, Bnisp, Id 83707 5. Engineer, Richard JH Jewell, PlannePirm Northwest Design Services. Address 1082 Arlington Dr, Eagle, , Zip 83616 Telephone 939-2029 6. Name and address to receive City billings: Name Glenn Johnson P.O.BOX 9412 AddressRni,P, Td-. 83707 Telephone344-gigo PRELIMINARY PLAT CHECKLIST: :subdivision Features 1. Acres $=-9' -I.&°J 2. Number of lots ft 3I 3. Lots per acre 3=63:F 3.2 4. Density per acre 5:;:w 3•� -� 5: Zoning -Classification (s ) R-4 0 0 CREEKSIDE MANOR SUBDIVISION G. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification_ R_9 Aria f aunty 7. Does the plat border a potential green belt RA1W 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City,_ Explain 10. Are there proposed dedications of common areas? NO Explain For future parks? Explain 11. What school(s) service the area MFRTnTAN s H nTgl , do you propose any agreements for future school sites N0 Explain 12. Other proposed amenit=es to the City Water Supply PP Y Fire Department FIRE HYDRANT 01 Other _ PRESSURE IRRIGATION Explain 13. Type of Building (Residential, Commercial, Industrial or combination) �kn F FAMTI V RFgTnPmJTA 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other 15. Proposed Development features: a. Minimum square footage of lot(s), 8000sf b. Minimum square footage of structure(s) 1600sf min C. Are garages provides for, --Y25_--quare footage UI& min d. Are other coverings provided for —ria e. Landscaping has been provided for no Describe (2) W 11 CREEKSIDE MANOR SUBDIVISION a f. Trees will be provided for no , Trees will be maintained g. Sprinkler systems are provided for no h. Are there multiple units no Type remarks i. Are there special set back requirements .Yes Explain_ lots along ten mi 1 e ;z shall be 50" on r a r J_ Has off street parking been provided for ng Explain k. Value range of property Lots only $19,000. to $30,000. 1. Type of financing for development Bank loan M. Protective covenants were submitted_, Date 2/14/q_ 16. Does the proposal land lock other property no Does it create Enclaves no STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance Comprehensive Plan. with the City of Meridian 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system (3) N � �• 1 =r 0o a Vg Nmob P tl�l 'pr H .z III II IIIIii N NEnI IIII 11111 nzC iM Nd Nd N y►C CNrJ HdH> 3H NCOrJ ON3C O C°102V zN " r 9 8NUyLIN" -Hd d z r , U1 �3 H d " O Sb � ro ro H ►�C N ►ro ° ��� ro Ln z gL H y H SOHO C7 t" ° ° ° g "� b H x H (- o.. It -10) ca N d .. MH � O N N ro > z o� bd H d 69 a Ff r N L=J � O m� i C 0 QH Z N Z 110N .. " 1-3o N:' 'o w' `4 ►' ro .. H [rJ0 �CO �o rn c�y � G�w in y •. p� LTA I .. O oul! O t r gjr�fessfonal Jwurance, Serwes �Yrson 1434 N. Meridian Street • Meridian, Idaho 83642 • (208) 888-1375 June 9, 1992 TO: Mayor Kingsford City Council Planning & Zoning FROM: Steve Anderson Glenn Johnson REF: Annexation & Zoning SW 1/4 NW 1/4 OF SEC. 19, T.3.N.,R.I.E.,BM Meridian, Idaho n % Per the Planning and Zoning Commission's recommendation, we agree to postpone our request until the Urban Service Planning Area issue has been resolved. Also, please accept this letter as our formal request to be included in the "New" Urban Service Planning Area. Sincerely, Steve Anderson Steven C. Anderson CLU, ChFC os::e 0 40 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a Public Hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 O'clock p.m., on December 8, 1992, for the purpose of reviewing and considering the Application of GLENN L. JOHNSON (LIBERTY HOMES OF IDAHO) for annexation and zoning of approximately 9.69 acres in two adjacent properties, (1) Lot 12, Blk 1 of Country Terrace Subdivision No. 2 and (2) Parcel No. 51119233650 as recorded at the Ada CountyAssessors Office, Ada County , Idaho and all being in the NW 1/4 of Section 19, T3N,R1E, B.M., Ada County Idaho, and generally located South of Overland Road adjacent to Country Terrace Subdivision and Meridian Greens. That the Application requests annexation with zoning of R-4. Further, Applicant request a Preliminary Plat of a portion of the NW 1/4 Section 19, T3N., R1E., B.M. , Ada County, Idaho; for a 31 residential single family building lot subdivision for Running Brook Estates. A more paticular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 17th day of November, 1992: I CITY CLERK C/1 H H U1 I I I I I 0 3 n 3 N Cc: n m 3 H Z x Z zO ^ H 1-3 N r ro zo H RA UI 2 3 NCJ y 3 cn H x o y ro fes] ^ H ro Rs H z d Z 3 y �H ro�O w 10.3 ro o0 8 .0En b tv dL 8 �z d C7 H w d z+ cn y Z O N 1�� N rRn H CCCO""' N N ro d 8 'm R ,CA H to 8 p 110, En IHI o � CJ Fd Nei N 0 [ l � �ooZ li-3 zo r In H ~ ••o o �O yL��� 10, H H � O Re -submittal far Aexat & Zoi ng. � Y � w W s fi.'hh 4.• a� v � Y � w az a m r i RESTRICTIVE COVENANTS CREEKSIDE MANOR SUBDIVISION Dated: February 12, 1992 Recorded: Instrument No.: The undersigned, being the owners of the property hereinafter described, hereby adopted the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as CREEKSIDE MANOR SUBDIVISION, a replatting of Lot 12, and the east portion of Parcel #233650 as recorded at the Ada County Assessors Office all being portion of the NNIJ of Section 19, T3N, R1E, Boise Meridian, Ada County, Idaho. CREEKSIDE MANOR SUBDIVISION is divided into single Family and/or two Family (duplex) residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated by agree- ment of the owners of seventy-five percent (75%) of the land in the subdi- vision and are as follows, to -wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved in writing by a majority of the Architectural Committee or by its represen- tative designated by a majority of the Committee. The approval of the Committee shall not be unreasonably withheld if the said plan and speci- fications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. Variances in building set -back requirements shown on plat may be given by the architectural committee upon proper showing and so long as the county ordinances on setbacks are met. The ground floor of a one story house in this subdivision shall not be less than 1600 square feet, the ground floor area of a split-level house in this subdivision shall not be less than 900 square feet; the ground floor area of a split entry or a two-story house in this subdivision shall not be less than 1100 square feet. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of covenant, eaves, steps, and open porches shall not be con- structed to permit any portion of a building, on a lot to encroach upon any other lot. No residence shall be in excess of two stories. .I Page 2 • . Instrument No.: All buildings shall be provided with cedar shake roofs unless approved otherwise by the Architectural Committee. The value of any residence in the subdivision shall exceed $100,000.00 in value including the value of the land and improvements thereon, based on June, 1992 values. Fences shall not extend closer to any street than 20 feet without express approval of the Architectural Committee, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. At least fifteen (15 days prior to any construction being commenced, two sets of plans and specification shall be submitted to the Committee - one set shall be dated and receipt acknowledged by the Chairman of the Committee and returned immediately to the owner. (2) No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the Ada County Zoning Ordinance, how- ever, in any event no building shall be located on any lot nearer than twenty-five (25) feet from the front lot line and fifteen feet from the rear line nor nearer than five (5) feet per story to any side line. (3) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within one (1) year, including landscaping. Each house shall have at least one ornamental tree of at least S feet in height in the front yard. (4) No building shall be moved onto the above premises. (5) No shack, tent, trailer house, or basement only, shall be used within this subdivision for living quarters, permanent or temporary. (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. bleeds shall be kept cut to less than 4 inches high. (7) Keeping or raising of farm animals or poultry shall be pro- hibited. All dogs or cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Page 3 0 Instrument No.: Dogs shall not a allowed and/or cats or other pets may young may be kept until 8 or • to run at large. Not more than two dogs be kept at one time, except that a litter of 9 weeks old. No business shall be conducted on the above property that cannot be conducted within the building on the property. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind of mining exploration, development shall be permitted upon the lots in this subdivision. (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. (9) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (10) Easements for installation and maintenance of utilities and drainage facilities are reserved for the areas as shown. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easement. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public author- ity or utility is responsible. (11) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to the public sewer service. (12) No sign of any kind shall be displayed to public view on any building or building site on said property except on professional sign of not more than six square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the con- struction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "Sold" sign for a reasonable period following a sale. (13) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc. shall be maintained in a sanitary and clean condition. Parking of boats, trailer, motorcycles, trucks, truck -campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto except- ing only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited except within garages, carports, or other approved areas. 4 Page 4 • Instrument No.: The Architectural Committee shall be the sole and exclusive judged of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building upon which such building material shall be placed within the property line of such building site upon which the structure is to be erected. (14) Installation of radio and/or television antenna is prohibited outside any building without written permission from the Architectural Committee. (15) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (16) Enforcement against any person or persons violating or attempt- ing to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be served by any property owners within said subdivision either at law or equity. In the event of a judgment against any person for such violation, the Court may award injunction against the offending party. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declara- tion. failure by any owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (17) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivi- sion, be furnished .with detailed plans of any proposed building to be located in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modifications or alterations thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Paragraph 1 of the original Covenants, said Committee shall have sole discretion to determine what shall be substantial compliance with said covenants. No buildings shall occupy any portion of said subdivision without the prior approval of said committee. The initial committee shall consist of the following: 1. Richard J.H. Jewell 2. John C. Gundersen 3. Glenn L. Johnson _k. IV Page 5 Instrument No.: A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of who will serve without compensation. (18) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. (19) A Homeowners' Association shall be duly formed by the develop- ers. This association, in the form of a Non -Profit Irrigation Corporation, will be for the purpose of owning, maintaining and operating a pump and irrigation distribution system for the subdivision. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision, which association be ded- icated to the welfare of all property owners in the Creekside Manor Sub- division. In Witness Whereof, we, the undersigned owners of the property in the Creekside Manor Subdivision have hereunto set our hands on this day of , 1992. STATE OF IDAHO) COUNTY OF ADA ) ss. On this day of , 1992, before me the under- signed, a Notary Public in and for said State of Idaho, personally appeared and acknowledged to me that they executed the within instrument for and in behalf of said Corporations. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho HUB OF TREASURE VALLEY GRANT P. KINGSFORD Mayor MEMORANDUM December 2, 1992 TO: MAYOR, COUNCIL, PLAN NG AND WNING FROM: Gary D. Smith, PE RE: Running Brook Estates( rmerly Creekside Manor) (Annexation, Zoning, Preliminary Plat) I have reviewed this re -submittal and have the following comments and questions for your consideration as conditions of the applicant during the hearing process: 1. The property is adjacent to the existing city limit boundary, however, the legal description provided for annexation does not match the plat boundary. 2. The applicant is in the process of exchanging/vacating some of the previously platted rights of ways in the Country Terrace No.2 Subd. 3. The 20 ft. wide access easement to the existing well lot of the Country Terrace Subd. should be improved with an all- weather gravel access road and fencing along both.sides. For security reasons we recommend fencing the lot. This is a private well serving the residents of Country Terrace Subd. so these are recommendations only. 4. Street storm drainage discharge to Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and U.S. Bureau of Reclamation. Who will maintain the drainage facilities outside of the street right of way? This shouldn't be a homeowners respon- sibility. 5. Sanitary sewer lines shall be located on street centerline or south and west thereof. Water lines shall be located 12 feet north and east of street centerline. Sewer and water plans shall be prepared by a Professional Engineer licensed to practice in the State of Idaho. 6. All drainage/irrigation ditches crossing the property shall .be piped to convey the historical flow of water. The details shall be included in the development plans and shall be approved by the water lateral users or the appropriate irri- gation district. Clean -outs, accessible to man, shall be installed at a maximum 400 foot spacing and approved bar grated entrance structures shall be built. A. Good Place to Live OFFICIALS JACK NICEGA NN, City S, Treasurer JANICE GASS, Treasurer CITY OF MERIDIAN COUNCILMEN RONALD R. TOLSMA BRUCE D. STUART, Water Works Supt. ROBERT GIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON EARL WARD, Waste Water Supt. KENNY BOWERS, Fire chief MERIDIAN, IDAHO 83642 ROBERT D. CORRIE BILL GORDON, Police Chief Phone (208) 888-4433 Chairman Zoning & Planning GARY SMITH, City Engineer FAX (208) 887-4813 JIM JOHNSON GRANT P. KINGSFORD Mayor MEMORANDUM December 2, 1992 TO: MAYOR, COUNCIL, PLAN NG AND WNING FROM: Gary D. Smith, PE RE: Running Brook Estates( rmerly Creekside Manor) (Annexation, Zoning, Preliminary Plat) I have reviewed this re -submittal and have the following comments and questions for your consideration as conditions of the applicant during the hearing process: 1. The property is adjacent to the existing city limit boundary, however, the legal description provided for annexation does not match the plat boundary. 2. The applicant is in the process of exchanging/vacating some of the previously platted rights of ways in the Country Terrace No.2 Subd. 3. The 20 ft. wide access easement to the existing well lot of the Country Terrace Subd. should be improved with an all- weather gravel access road and fencing along both.sides. For security reasons we recommend fencing the lot. This is a private well serving the residents of Country Terrace Subd. so these are recommendations only. 4. Street storm drainage discharge to Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and U.S. Bureau of Reclamation. Who will maintain the drainage facilities outside of the street right of way? This shouldn't be a homeowners respon- sibility. 5. Sanitary sewer lines shall be located on street centerline or south and west thereof. Water lines shall be located 12 feet north and east of street centerline. Sewer and water plans shall be prepared by a Professional Engineer licensed to practice in the State of Idaho. 6. All drainage/irrigation ditches crossing the property shall .be piped to convey the historical flow of water. The details shall be included in the development plans and shall be approved by the water lateral users or the appropriate irri- gation district. Clean -outs, accessible to man, shall be installed at a maximum 400 foot spacing and approved bar grated entrance structures shall be built. MEMORANDUM RE: RUNNING BROOK ESTATES 7. All sewer line construction along and across the Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and the U.S. Bureau of Reclamation and a license agreement to be there shall be obtained from them. 8. An easement in favor of the City of Meridian for the off- site sanitary sewer line shall be prepared by the applicant on a form acceptable to the city and obtained by the appli- cant. 9. Lot sizes and frontages appear to meet the city ordinance requirements. 10. The culdesac radius of 45 feet should be 50 feet. (45 feet is a dimension to the back of curb.) 11. Do emergency service vehicles need a temporary culdesac con- structed at the easterly end of Calderwood? 12. The sewer interceptor and easement crossing Block 1 shall be located on one lot with the pipe centered in the ease- ment. The easement shall be improved with an all-weather gravel surface and fenced along both sides. 13. The survey tie distance from Overland Rd. to the subdivision boundary doesn't match the tie distance in the legal descrip- tion. Also the curve data for the curved part of Lot 20 - Block 1 needs to be shown. 14. Show th referenced elevation datum used for the plat. 15. The access of Calderwood to S. Meridian Road need to be approved by the Idaho Transportation Department. 16. Street names need to comply with the evaluation made by the Ada County Street Name Committee. 17. The Calderwood Street crossing of Ten Mile Drain needs to receive approval of the Nampa & Meridian Irrigation District. CENTRAL •• DISTRICT HEALTH Retum to: DEPARTMENT ❑ Boise REVIEW SHEET ❑Eagle ❑ Garden City Rezone # ® Meridian Coditional Use # E]Kuna Prelimina Final/Short Plat l2(11v1j1;J6- /3rao/c 577�s s�Bo,✓is.�,� ❑ ACZ ❑ I. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. Wan approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet ❑ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ® Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage ®, Central water ❑ Individual sewage ❑ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ® Central sewage ❑ Community sewage system[] Community water ❑ Sewage dry lines ® Central water IN 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined N other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store ® 13: J4 ,S'ii.9�/®�.�% �i�i �.e4 sy„�a /�.z� �-Q6LrL DATE: H/a,31%`Z Reviewed by: -7" � CDHD 10-91 rcb IML AGENDA MERIDIAN PLANNING & ZONING DECEMBER 8, 1992 MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 10, 1992: 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR REZONE By ROSS & BEDELCO, INC.: 2: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN, CHANGE OF IMPACT AREA AMID URBAN SERVICE PLANNING AREA BOUNDARIES: 3: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRET,IurrtJARv PIAT By ANDERSON, STU= & JOHNSON, IMU NG BROOK ESTATES: CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO: Northwest Design Services P.O. Box 4596 Boise ID 83704 FROM: Larry Sale, Superviso Development Services 0 December 11, 1992 SUBJECT: RUNNING BROOK ESTATES - PRELIMINARY PLAT On December 9, 1992, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. aft county highway district 318 East 37th • Boise, Idaho 83714 a Phone (208) 345-7680 CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO: ACHD Commission 0 INTER -DEPARTMENT CORRESPONDENCE RUNBROOK /DST ECH 12-9-92 DATE: December 7, 1992 FROM: Development Services SUBJECT: PRELIMINARY PLAT - RUNNING BROOK ESTATES (Northwest Design Service, P.O. Box 4596, Boise, ID 83704 - 375-4463) FACTS & FINDINGS: 1. Running Brook Estates is a 31 -lot single family residential subdivision located by the south end of Country Terrace Way; 1,935 -feet of new public streets are planned. This project is a revised layout of Creekside Manor which the District reviewed and approved with Site Specific Requirements on March 19, 1992, one of which required the vacation of the unopened right-of-way of Calderwood Street. The new layout will utilize a collector road from Meridian Road to Meridian Greens Subdivision and not take access to Country Terrace Way. An unplatted parcel to the north of Lots 11 & 12 will be left with no public street access (which it doesn't have at present) . 2. Highway 69 (Meridian Road) is under the jurisdiction of Idaho Transpor- tation Department. Submittals shall be provided to that Department for requirements and comments. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on December 8, 1992. SITE SPECIFIC REQUIREMENTS: 1. The plat for Running Brook Estates will not be signed by the District unless the Calderwood Street right-of-way is vacated. 2. Construct a 28 -foot wide paved roadway from Highway 69 (Meridian Road) to the west property line of the first lot (Lot 1, Block 1). Dedicate a minimum of 50 -feet of right-of-way for same. ada county highway district 348 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT *RUNNING BROOK ESTATES • December 7, 1992 Page 3 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall retain all storm water on-site. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD . 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale DEC 0 1992 A,-,. H.p. ENO, MERIDIAN PLANNING & ZONING DECEMBER 8, 1992 PAGE 8 0 The Motion was made by Shearer and seconded by Rountree to amend original motion to include written responses for the next two weeks in those Findings of Facts and Conclusions of Law. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT BY ANDERSON, STUCKER & JOHNSON: Johnson: I will open the public hearing. Is there a representative present who wishes to speak? Richard Jewell, 1082 Arlington, Eagle, was sworn by the attorney. Jewell: I'm representing the developer on behalf of the Running Brook Subdivision previously known as Creekside Manor. This resubmittal includes the addition of a road across the creek to Meridian Road. The access through Country Terrace subdivision has been eliminated from access. The wetlands issues have been resolved with the Core of Engineers and all required permits will be applied for. This subdivision was previously submitted and recommended for approval by the Meridian City Council however, due to the variety of concerns that were brought up previously we've made a special effort in meeting the wishes of the surrounding residences. We agree with the conditions as outlined with the following comments. These are comments from your City Engineer. Item #1: The legal description provided for annexation does not match the plat boundary. There was an error on the plat. The legal description is correct. Item #3: Discussed the well lot and an access road to the well lot with fencing on both sides of the access and also fencing the lot itself. We have agreed to place fencing around the existing building but request the fence on each side of the gravel driveway not be enforced so the property owners can adequately maintain it. We agree to the gravel surface. Johnson: Did you have time to discuss not wanting to do the fencing with Gary Smith? Jewell: No I haven't. • MERIDIAN PLANNING & ZONING DECEMBER 8, 1992 PAGE 10 C. them in any way. One other area of possible damage that we would like to preclude during any construction that may occur is that the well that is down that direction we would like to have some assurances that the water lines and the power to that well house would remain undisturbed. Additionally I have a couple other questions concerning this proposed subdivision. At the end of Country Terrace way there was a dedicated right of way of about fifty feet, the current plat shows a thirty foot right of way now. I'm just curious about what happened to the other 201? Concerns about wetlands (see tape). Are there any questions? Johnson: No questions. Thank you very much. Crookston: I do have one, I'm not familiar with the wetlands situation. Are you knowledgeable of that? Harmon: I'm no expert. There are portions of those lots that I so indicated that there is indication that those are designated as wetlands due to the cat -tails and things that are on there. Johnson: Thank you. Anyone else? Susan Baker Thon, 1889 Country Terrace Way, was sworn by the attorney. Thon: I would like to address the easement to the well lot, lot 13 for Country Terrace subdivision. I feel as well as several of the homeowners in our subdivision that we need assurance that that easement to the lot is a dedicated easement that will not be fenced by a homeowner or landscaped in such a way that will be upsetting someone or disturbing someone when we need access to our well lot. Is there any way we can have that assurance? Clerk Niemann: It will be a dedicated easement. Johnson: We will ask the developer to address some of the concerns after we're done. (Read Engineer comments concerning well lot - see tape) Thank you for your testimony. Anyone else to testify? Greg Shoemaker, 1901 Country Terrace, was sworn by the attorney. Shoemaker: I'm looking at the plat of part of Country Terrace and most of the new subdivision we're talking about tonight and when I look on that on lot 16, on this 50' easement that used to be there now is at a 30' easement and there has been discussion on myself • MERIDIAN PLANNING & ZONING DECEMBER 8, 1992 PAGE 12 Jewell: Yes there is. I believe the comment as far as that being resolved through the highway district is correct. As far as agreement to additional trades of properties, as the gentleman mentioned we are in negotiation with him and if anything takes place there will probably be a quick claim deed or something. We've been asked by Gary Smith to provide sewer and water up to Country Terrace Subdivision even though it won't be connected at this time we are putting the expense out to provide it up to the culdesac. This is part of our request for having some access to the culdesac up there for that upper lot. Hepper: Is the subdivision going to have composition shingle roof or wood shake? Have you addressed that yet? Jewell: I think it was addressed in the covenants but it's been so long ago I can't answer that. Clerk Niemann: one comment I have, I think you will need to apply for a variance on that one culdesac because it's to long. Jewell: Yes we are aware of that. (Discussion - see tape) Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Alidjani and seconded by Rountree to have Findings of Fact and Conclusions of Law prepared by attorney. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to pass a favorable recommendation to the Meridian City Council for this request. Motion Carried: All Yea: Johnson: There's a public information meeting on December 17, 1992 at Meridian City Hall. Also the City of Mountain Home on January 23, 1993 from 9 to 5 is going to hold a workshop. It's their intention to present an overview of the Idaho Planning Act. If anyone is interested in going please let me know. I have reviewed this re -submittal and have the following comments and questions for your consideration as conditions of the applicant during the hearing process: 1. The property is adjacent to the existing city limit boundary, however,.the legal description provided for annexation does not match the plat boundary. 2. The applicant is in the process of exchanging/vacating some of the previously platted rights of ways in the Country Terrace No.2 Subd. 3. The 20 ft. wide access easement to the existing well lot of the Country Terrace Subd. should be improved with an all- weather gravel access road and fencing along both sides. For security reasons we recommend fencing the lot. This is a private well serving the residents of Country Terrace Subd. so these are recommendations only. 4. Street storm drainage discharge to Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and U.S. Bureau of Reclamation. ` Who will maintain the drainage facilities outside of the street right of way? This shouldn't be a homeowners respon- sibility. 5. Sanitary sewer lines shall be located on street centerline or south and west thereof. Water lines shall be located 12 feet north and east of street centerline. Sewer and water plans shall be prepared by a Professional Engineer licensed to practice in the State of Idaho. 6. All drainage/irrigation ditches crossing the property shall be piped to convey the historical flow of water. The details shall be included in the development plans and shall be approved by the water lateral users or the appropriate irri- gation district. Clean -outs, accessible to man, shall be installed at a maximum 400 foot spacing and approved bar grated entrance structures shall be built. HUB OF TREASURE VALLEY A. Good Place to Live OFFICIALS JACK City CITY OF MERIDIAN COUNCILMEN ROBERTG3ESERONALD R. A NICEGAANN, ,Treaurer JANICE LASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGiTON ROBERT D. CORRIE EARL WARD, Waste water Supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief BILL GiORDON,Police Chief 208 Phone ( ) 8884433 Chairman Zoning & Planning JIMJOHNSON GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEMORANDUM December 2, 1992 TO: MAYOR, COUNCIL, PLAN NG AND NING FROM: Gary D. Smith, PE RE: Running Brook Estates ( rmerly Creekside Manor) (Annexation, Zoning, Preliminary Plat) I have reviewed this re -submittal and have the following comments and questions for your consideration as conditions of the applicant during the hearing process: 1. The property is adjacent to the existing city limit boundary, however,.the legal description provided for annexation does not match the plat boundary. 2. The applicant is in the process of exchanging/vacating some of the previously platted rights of ways in the Country Terrace No.2 Subd. 3. The 20 ft. wide access easement to the existing well lot of the Country Terrace Subd. should be improved with an all- weather gravel access road and fencing along both sides. For security reasons we recommend fencing the lot. This is a private well serving the residents of Country Terrace Subd. so these are recommendations only. 4. Street storm drainage discharge to Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and U.S. Bureau of Reclamation. ` Who will maintain the drainage facilities outside of the street right of way? This shouldn't be a homeowners respon- sibility. 5. Sanitary sewer lines shall be located on street centerline or south and west thereof. Water lines shall be located 12 feet north and east of street centerline. Sewer and water plans shall be prepared by a Professional Engineer licensed to practice in the State of Idaho. 6. All drainage/irrigation ditches crossing the property shall be piped to convey the historical flow of water. The details shall be included in the development plans and shall be approved by the water lateral users or the appropriate irri- gation district. Clean -outs, accessible to man, shall be installed at a maximum 400 foot spacing and approved bar grated entrance structures shall be built. 0 MEMORANDUM RE: RUNNING BROOK ESTATES 7. All sewer line construction along and across the Ten Mile Drain shall be approved by the Nampa & Meridian Irrigation District and the U.S. Bureau of Reclamation and a license agreement to be there shall be obtained from them. 8. An easement in favor of the City of Meridian for the off- site sanitary sewer line shall be prepared by the applicant on a form acceptable to the city and obtained by the appli- cant. 9. Lot sizes and frontages appear to meet the city ordinance requirements. 10. The culdesac radius of 45 feet should be 50 feet. (45 feet is a dimension to the back of curb.) 11. Do emergency service vehicles need a temporary culdesac con- structed at the easterly end of Calderwood? 12. The sewer interceptor and easement crossing Block 1 shall be located on one lot with the pipe centered in the ease- ment. The easement shall be improved with an all-weather gravel surface and fenced along both sides. 13. The survey tie distance from Overland Rd. to the subdivision boundary doesn't match the tie distance in the legal descrip- tion. Also the curve data for the curved part of Lot 20 - Block 1 needs to be shown. 14. Show th referenced elevation datum used for the plat. 15. The access of Calderwood to S. Meridian Road need to be approved by the Idaho Transportation Department. 16. Street names need to comply with the evaluation made by the Ada County Street Name Committee. 17. The Calderwood Street crossing of Ten Mile Drain needs to receive approval of the Nampa & Meridian Irrigation District. ` 9 N v H OZ z� H 9 •• 7�• F- H O G � 6 c J- - O n � C a. CA •• �o � 1 � O G 'I 3 6 H - O %SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration AOR EX�EIDIRECTOR OF PERSONNEL Christine Donnell C Z� DIR dim Carberry, Secondary Darlene Fulwood, Elementary Q Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET 0 MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 Re: Running Brook Estates Dear Commissioners: I have reviewed the application for Running Brook Estates Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the paths and safe pedestrian any street ending in a Cul Sincerely, Car, Dan Mabe, Deputy Superintendent DM: gr developer will provide walkways, bike access. School Buses will not enter de sac. r u MERIDIAN PLANNING & ZONING JANUARY 11, 1993 PAGE 2 ITEM #2: FINDINGS OF FACT AND CONCLUSIONS ON ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT ON RUNNING BROOK ESTATES: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions.. Roll Call Vote: Hepper — Yea; Rountree — Yea; Shearer — Yea; Alidjani — Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that if the property is included in the Urban Service Planning Area as it likely will be, they approve the annexation and zoning request by the applicant for the property described in the application with the conditions set forth in the Findings of Facts and Conclusions of Law and in compliance with the Ordinances of the City of Meridian. It is also recommended that annexation and zoning not occur until the Urban Service Planning Area is in fact amended. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree that the Meridian Planning & Zoning Commission recommend approval of the preliminary plat. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON ELK RUN SUBDIVISION: Johnson: I will open, the Public Hearing. Is there a representative of the applicant who wishes to testify? Gary Lee, JUB Engineers, 1750 N. Summertree, was sworn by the attorney. Lee: As you know this application is for an annexation request and zoning to R-8 and it's also for preliminary plat approval for a 57 lot subdivision. This is situated on S. Meridian Road south MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 6 Kingsford: What's the Councils pleasure? Corrie: I really have feelings for the people here tonight, however, the papers from the Council from Boise and a lot of the people that I've talked to are quite concerned with the growth factor in the Boise Meridian area. We are in a growth form right now, there's a lot of people coming into both Boise and Meridian. The only way that City's can control growth is by their zonings, impact areas and moving as fast as they can. I personally feel that we need to make a decision tonight and that if we don't we're going to be delaying even more for everybody else. In looking at the Findings of Facts from the Planning and Zoning and what I'm hearing tonight is that the primary reason that they don't want the people that's here tonight, want to be in Boise is the fact that you want to have your properties being able to develop them now. I think it's to fast, I think that we can move perhaps a little more rapidly in our water and sewer but I would move tonight that we accept and adopt the Findings of Facts. The Motion was made by Corrie and seconded by Yerrington to adopt the Findings of Fact and Conclusions of Law as prepared for Planning and Zoning and go along with the impact area that we have set forth in the conclusions. Roll Call Vote: Yerrington — Yea; Giesler — Yea; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to instruct attorney to prepare an Ordinance to reflect those Findings. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON RUNNING BROOK ESTATES: Kingsford: I will open the public hearing. At this time I will invite the owner or a representative to come forward and testify. MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 8 On the ground water issue, we appreciate your visit today and I have some concerns to bring out about where that water came from. I am here representing the residents of Country Terrace Subdivision as the president of the Country Terrace Water Association. I .am here to protect the Country Terrace Subdivision residents from the water table issue. Explained similar problem to Council (see tape — document read from on file in City Clerk's Office). Submitted to City Clerk a Field Percolation Test Report to the Idaho Land Developers performed in October 1974. These test pits were dug as shown on the map attached. (Further explanation given on ground water issue — documents given to City Clerk to keep on file with these minutes) Crookston: The purpose of bringing this to the City Council is that to prevent any possible actions or repercussions against property owners in Country Terrace from eventual owners in Running Brook? Harmon: Yes. Kingsford: Thank you. John Gaige, 1675 Country Terrace Way, was sworn by the attorney. Gaige: Even though there are some people in the subdivision that are dead set against this proposed subdivision, my personal feeling now is that as long as that traffic goes elsewhere, I don't care whether they build it or they don't build it. Gave example of similar ground water problem (see tape). Would like. record of minutes tonight so that when this water problem arises and these people come to yell at us, we can say here's the data, it was presented to the City and by presenting it to the City the developer was made aware of this. Kingsford: Thank you. Anyone else? Dave Spangenberg, 3355 W. Tasa Drive, was sworn by the attorney. Spangenberg: I'm here non—bias on this issue and I just happen to have to work in that area once or twice a month and I know that it is very wet down there. So say that's it's damp is an understatement. Sometimes it goes for a long distance to the south and it's very wet to the north and to the east. I don't know exactly how far but many times I have to walk a long ways around that to get to that pump house over there. MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 10 The Motion was made by Giesler and seconded by Corrie to have the attorney prepare Findings of Fact and Conclusions of Law pursuant to the new testimony at this hearing. Motion Carried: All Yea: ITEM #3: FINDINGS OF FACT AND CONCLUSIONS ON VARIANCE REQUEST BY GLENCO, INC.: The Motion was made by Tolsma and seconded by Yerrington that the City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Tolsma that it is decided the Application shall be denied as to the variance from the cul-de-sac requirement on Jamaica Drive and that the variance of the Street Light Ordinance shall be granted but the Applicant shall be required to place street lights at all street intersections, including intersections of through streets and cul-de-sac street, and at the terminus of cul-de-sacs, and yard lights which meet the Ordinance are required. Motion Carried: All Yea: ITEM #4: FINAL PLAT: HUNTS BLUFF SUBDIVISION, FORMERLY FARWEST SUBDIVISION: Corrie: I have one comment, the Fire Department is requesting that we have a turn around on East (in -audible) until the other subdivision is put in. Is that possible? Developer: Yes we can. Clerk Niemann: I have one comment and I don't know if you want it on the plat or in the covenants but they agreed to some square footage and also some houses with a special roof type. The Motion .was made by Yerrington and seconded by Corrie to approve the final plat for Hunts Bluff Subdivision conditioned upon the plat reflecting the stipulations of the previous meeting. Motion Carried: All Yea: RUNNING BROOK ESTi°r6`T`�S me uami LTti • ♦ • • Y '� ; .` � / i • a ■r i . � j4..cWI+.�LS_'Js.JI i. Jk�w�' . i• I I a + a s • • • d • �► • • r ♦ r 3 ! • • • . o 41 to •41nr, asnmirei • • . • . � • •� — is•w: eau.. l � rlr _.. ..- _ � w•rMi •WT ... ly T REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT: RUNNING BROOK ESTATES: COMMENTS 1: ADA COUNTY HIGHWAY DIST: NO CANTS RECEIVED: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER, A SHALLOW HIGH SEASONAL WATER TABLE EXISTS ALONG TEN MILE CREEK: 4: YlERIDIAN SCHOOL DISTRICT: SEE ATTACHED LETTER: 5: CITY ENGINEER: SEE COMMENTS ATTACHED: ■ IDAHO ■• E -COMPANY: REQUIRE NECESSARY • E 7: FIRE DEPARTMENT: SEEATTACHED CCMENTS: 8: POLICE DEPT: NO OBJECTIONS: 9: STREET NAND; COMMITTEE: SEE ATTACHED: 10: PUBLIC HEARING HELD DECEMBER 8, 1992 BEFORE THE PLANNING & ZONING, CCMMISSION INSTRUCTED CITY ATTORNEY TO PREPARE FINDINGS OF FACT: 11: AT JANUARY 11, 1993 P & Z MEETING, COMMISSION .RECOMMENDED THIS REQUEST BE APPROVED, COPY OF FINDING ATTACHED: 12: ADA COUNTY HIGHWAY DISTRICT Ca4vlEN'S & RECONME1,IDATION NOW ATTACHED: MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 5 ITEM #4: ORDINANCE #596: ORDINANCE ANNEXING & ZONING RUNNING BROOK ESTATES: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 NW 1/4 OF SECTION 19, T.3 N., R.1 E., B. M. , MERIDIAN ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #596 read in its entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #596 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: ANNEXATION & ZONING OF ELK RUN SUBDIVISION: Kingsford: I will open the Public Hearing and invite the owner, developer or engineer to begin the testimony. Gary Lee, 1750 N. Summertree, was sworn by the attorney. Lee: I'm with JUB Engineers and am representing the applicant of the Development Group. This particular application is for annexation and a preliminary plat. It didn't say so on the Agenda. Just wanted to get that clarified. Crookston: You could hear the preliminary plat and if the Council approves it, it would require tiling at this juncture of the Kennedy Lateral. Lee: Then you could act on the Variance later. Crookston: That's correct. Kingsford: I think the variance is scheduled for hearing at a later date: Let's look at both the preliminary plat and the annexation and zoning. MERIDIAN PLANNING & ZONING MAY 12, 1992 PAGE 2 ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON ANNEXATION & ZONING REQUEST BY GLEN JOHNSON; CREEKSIDE MANOR SUBDIVISION; The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote:. Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that if the property is included in the Urban Service Planning Area they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and compliance with the Ordinances of the City of Meridian; that the owner be requested to allow the Application to be postponed until the Urban Service Planning Area issue is resolved and if the consent is not given, that the Application be denied. Motion Carried: All Yea: ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ANNEXATION & ZONING REQUEST BY MAWS & GREGORY; MAWS ADDITION: Hepper: I have a concern about duplexes being back in a residential subdivision. In the past it seemed that homeowners aren't always thrilled to have a bunch of duplexes abutting their property. For that reason I'd like to add a stipulation to these Findings of Fact and Conclusions that the duplex lots not be allowed. The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions with the stipulation that duplex lots not be allowed. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Nay; Motion Carried: 3 - Yea; 1 - Nay; • BEFORE THE MERIDIAN CITY COUNCIL GLENN L. JOHNSON ANNEXATION AND ZONING SW 1/4 NW 1/4 OF SECTION 19, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 16, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and Richard Jewell, appeared in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 16, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 16, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, 'and by this FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 69 - reference is incorporated herein; that the property is approximately 8.9 acres in size; it is in the southeast quadrant of the intersection of Meridian-Kuna Highway and Overland Road. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property to the east is not within the City limits but other land in the area, Meridian Greens subdivision, is in the City limits and is zoned R- 4 but developed at less density than R-4. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property and the owners of record are Steven and Marcia Anderson and Lee R. Stucker and Fae M. Stucker and they have consented to the application to be annexed. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is not presently included within Lthe Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that an amendment to the Urban Service Planning Area has been processed and will likely be enacted at the same time FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2. • as consideration by the City Council of these findings of fact and conclusions of law. 9. As found above the Application requested that the parcel be annexed and zoned R-4. The applicant has indicated that the intended development of the property is for an R-4 subdivision and the Applicant has submitted a proposed preliminary plat. 10. That at the hearing before the Planning and Zoning Commission there were property owners in the immediate area that testified objecting to the Application; the objections were based on increase in traffic, that there was a wetlands area in the proposed property that needed protection, that street connection to Meridian-Kuna needed to be completed as part of this development, ground water and drainage problems in the area, and concerns about road connection to Meridian Greens Subdivision; that at the hearing before the City Council Richard Jewell stated that the subdivision had been redesigned so that there would be no traffic from Country Terrace Subdivision and the re -design provides access from Meridian Greens Subdivision to Meridian Road; he further testified that the ground water on the property was there due to the embankment that was built up along Ten Mile Creek; that there was also a drainage, at one time, that went from Country Terrace Subdivision over to Ten Mile Creek and then drained through there, however over the years, it had not been maintained and had been blocked out. He also testified that the majority of the wet area is down by the well area of Country Terrace Subdivision and FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3. not on the subject property. Mr. Jewell further testified that he was aware of the dampness on the property and that he was going to make every effort to get some drainage to the area. 11. That at the City Council hearing there was testimony from Sid Harmon concerning access to the Country Terrace Subdivision well lot; that access to that lot has been shown on the revised plat of Running Brook Estates; that the testimony requested that the access be fenced and that the access be dedicated; the City Engineer commented that the access should be an all weather surface. Mr Harmon also submitted testimony concerning the ground water and stated that the ground water problem was not emulating from Country Terrace Subdivision. He wanted it known that the residents of Country Terrace Subdivision would not be responsible for any ground water problems. John Gaige also testified as to his concern over drainage and ground water. 12. That there was testimony from Addy Huston indicating that she was contesting the boundary line of the subject property adjacent to'her lot in Country Terrace Subdivision; she testified that she owned a portion of the land included within the description of the subject property; that she did not submit any documentary evidence to show this and did not submit any court documents showing that this was involved in court proceedings. 13. That the property is in the MERIDIAN HILLS Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4. Comprehensive Plan, property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 14. That property outside the Urban Service Planning Area, but within the Area of Impact, may be annexed and developed but only at densities allowed. 15. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. That the property can be physically serviced with City water and sewer but since it is outside the Urban Service Planning Area the Urban Service Planning Area must be amended for the City to legally provide water and sewer service and other urban services. 18. Ada County Highway District, the Department of Health, Meridian School District, Idaho Power Company, Meridian Police Department, City Engineer and City Fire Department submitted FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5. comments and such shall be incorporated herein as if set forth in full. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where, predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 20. That the Applicant stated in the Application that Applicant intends to have a density of about 3.37 dwelling units per acre and stated at the Planning and Zoning hearing that the house sizes would be a minimum of 1,800 square feet and probably 2,000 square feet plus, with the lot sizes having a range of 8,000 to 11,000 square feet. 21. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 22. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged tiiv annexation and zoning use application by the provisions contained in Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7. i • the Applicant with the consent of the owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that when this application was before the Meridian Planning and Zoning Commission the land was not within the boundary of the Urban Service Planning Arca; that it is likely that the Urban Service Planning Area boundary will be considered for amendment at the same time as these findings of fact and conclusions of law will be considered and therefore inclusion within the Urban Service Planning Area will not be an impediment to development of this property and if the Urban Service Planning Area is amended, the Applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That since the Applicant's property is in the MERIDIAN HILLS NEIGHBORHOOD of the Comprehensive Plan, the annexation is in conformance with the Comprehensive Plan and upon amendment of the Urban Service Planning Area could be developed in the R-4 fashion. 11. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8. Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested. 12. If the land is ultimately included in the Urban Service Planning Area, the conditions should be those stated above and others determined at final platting; annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de -annexation if the R-4 density is exceeded or if dwellings other than single family dwellings are allowed and this restriction shall be noted on the plat of the subdivision. 13. That all ditches, canals, and waterways shall be tiled, as required by ordinance, as a condition of annexation and if not so tiled the property shall be subject to de -annexation. 14. That the wetlands issue and ground water are of great concern to the City Council and these problems must be resolved, prior to final platting; that this is a condition of annexation and zoning and if it is not resolved prior to final platting, the property shall be de -annexed. 15. That the requirements the Ada County Highway District, the Department of Health, Meridian School District, Idaho Power Company, Meridian Police Department, City Engineer and City Fire Department shall be met and the Applicant shall meet his representations as to house size and the property shall be subject to de -annexation if these requirements are not met. 16. The access to the well lot of Country Terrace has FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9. apparently been agreed to and consented to by the Applicant; it appears that the desire of the residents of Country Terrace Subdivision to have the well lot fenced and to have a dedicated access is a matter that should have been addressed by the previous owner of this parcel and the well lot, which was the same party; that it is suggested, however, that the access be placed in an all weather condition by Country Terrace Subdivision. 17. That it is concluded that since the Applicant has submitted copies of his deeds to the property, the land is owned by the Applicant and Applicant may request annexation and zoning for the property; any claims by Addy Huston ehould be resolved between Applicant or the owners of the property and Addy Huston, or by the courts, and not by the City of Meridian. 18. With compliance of the conditions contained herein, the annexation and zoning of R-4, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10- • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA VOTEDr COUNCILMAN BOB CORRIE VOTED 17�dl) COUNCILMAN BOB GIESLER VOTED COUNCILMAN MAX YERRINGTON VOTED GRANT P. KINGSFORD (TIE BREAKER) VOTED MOTION: APPROVED: L�� DISAPPROVED: DECISION The City Council hereby decides, that if the property is included in the Urban Service Planning Area, the annexation and zoning requested by the Applicant for the property described in the application is approved with the conditions set forth in these Findings of Fact and Conclusions of Law and compliance with the Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 • DATE: April 20, 1993 AGENDA ITEM NUMBER 5 AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - 7" MERIDIAN CITY COUNCIL APPLICANT: STEVE ANDERSON 1434 MERIDIAN ST. MERIDIAN. ID. 83642 REQUEST: VARIANCE TO CULDESAC LENGTH COMMENTS: "NO PROBLEM" NO PROBLEM WITH CULDESAC LENGTH MERIDIAN CITY ENGINEER - SEE ATTACHED COMMENTS MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION -SEE ATTACHED COMMENTS SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - OTHER COMMENTS: SEE ATTACHED LETTER FROM PLANNING DIRECTOR. BOTH PARTIES ARE NOW WORKING TOGETHER TO PROVIDE ACCEPTABLE ACCESS AND PROTECTION OF THE TERRACE WATER CORPORATION WELL LOT. FINAL PLAT WILL INCLUDE DESCRIPTIVE NOTES ON WELL LOT. MEMORANDUM April 16, 1993 TO: MAYOR & COUNCIL FROM: GARY D. SMITH, P. E. RE: RUNNING BROOKS ESTATES (CULDESAC LENGTH VARI CE) I have reviewed this submittal and present the following comments for your information and/or consideration as conditions of the applicant during your decision making process: 1. I don't have any particular problem with this variance request. The property shape and location of Country Terrace Subdivision water well restricts other street locations. 2. In my prior conversations with the applicant we have talked of the need to provide a pathway to connect the existing dry line sewer of Country Terrace Way Subdivision to the proposed sewer line in Running Brook Ct.. This still needs to be done in the planning process for this subdivision. 10 • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK City CITY OF MERIDIAN COUNCILMEN RROBERTGIESLERONALD R. A S,TreasurerClerk NICEGANIEMANN, JANICE GASS, Treasurer BRUCE D. STUART, Water works Supt. EAST IDAHO ROBER RRINGTON MAXY33 CORR E WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief phone (208) 888 4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEMORANDUM April 16, 1993 TO: MAYOR & COUNCIL FROM: GARY D. SMITH, P. E. RE: RUNNING BROOKS ESTATES (CULDESAC LENGTH VARI CE) I have reviewed this submittal and present the following comments for your information and/or consideration as conditions of the applicant during your decision making process: 1. I don't have any particular problem with this variance request. The property shape and location of Country Terrace Subdivision water well restricts other street locations. 2. In my prior conversations with the applicant we have talked of the need to provide a pathway to connect the existing dry line sewer of Country Terrace Way Subdivision to the proposed sewer line in Running Brook Ct.. This still needs to be done in the planning process for this subdivision. OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attomey EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer April 99 1993 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN Mr. Steve Anderson 1434 Meridian St. Meridian, Idaho 83642 Dear Mr. Anderson: 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI After you have p.-,,. .pare, 1,4 s`e final `'Plat,; Motes, please send them to me for`;review and approval. Would you also send a copy to the Terrace Water Corporation, Mr. Sid,,Haron, 1635 S. Country Terrace Way, Meridian', Idaho 83642, 888-6852. Would you also ver;fy in writingr,t.cr the City that you will develop a graveled roadway leading i=ntro this well lot. Thank you please call for your cooperation. If I"°c n1- e you in any way me at 888-4433. Keep up your good work! Respectfully, City of Meridian -.okA— 11 Way ne Forrey, AICP Planning Director yz v ,0 r c y H 1-41 r Z 8 b o z 3 3 0 C4 H � r N 21 . i-3 O �H b N O 1-4 H n I � r by m m I Fq o m rt � 0 n o 0 a o F•1 H `C N � n o 0 rt (D w• n N � H• rtm�pGp'm:. �Z �Z O mO P) N G � Z N ((D tai E CA 00 w w w ww H p cam, rt m P. - a o cr w (D 0 O Nrt H- GQ w• W p. �3' (D rt 'y w rt 0 (D S (D z H. i O (D rt w PV w (wn n G t rt O m y ON 00 .0 w n w w a tD M w sr n m N (Gn (D rt m n f1 w �C O F- H • rl rt rn H P• O H. H. (D b H• w O 0 rt g w n ZI r!, aV �. � w b rt P3 n w H I 0 v F- EO Hw Nbb H. rt " 0 � r— 11 U, w n a o O 6 H W w rn N rt Ov r by m m w Fq o m rt a aH' n 0 n o 0 a o `C N (D t7 n m m Qo 9 rt m tJ rt (D w• n N � H• rtm�pGp'm:. (D rt (D (D 0 w O mO P) N G rD N ((D tai E CA 00 w w w ww H p cam, rt m P. - a o cr w (D 0 O Nrt H- GQ w• W p. �3' (D rt cr w rt 0 (D S (D p O H. i O (D rt w PV w (wn n G t rt m w o Qo �r ON 00 .0 w n w w a tD M w sr n m N (Gn (D rt m n f1 w �C O F- H • rl rt rn t7 O P• O H. H. (D b H• w O 0 rt g w n ZI r!, aV �. � w rt rt rt P3 n w rt rt I 0 6 H W w rn CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretory TO: ACHD Commission FROM: Development Services INTER -DEPARTMENT CORRESPONDENCE It Uri BRUOK/ DgTECH DATE: 12-9-92 December 2, 1992 SUBJECT: PRELIMINARY PLAT - RUNNING BROOK ESTATES (Northwest Design Service, P.O. Box 4596, Boise, ID 83704 - 375-4463) FACTS & FINDINGS: 1. Running Brook Estates is a 31 -lot single family residential subdivision located by the south end of Country Terrace Way; 1,935 -feet of new public streets are planned. This project is a revised layout of Creekside Manor which the District reviewed and approved with Site Specific Requirements on March 19, 1992, one of which required the vacation of the unopened right-of-way of Calderwood Street. The new layout will utilize a collector road from Meridian Road to Meridian Greens Subdivision and not take access to Country Terrace Way. 2. Highway 69 (Meridian Road) is under the jurisdiction of Idaho Transpor- tation Department. Submittals shall be provided to that Department for requirements and comments. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on December 8, 1992. SITE SPECIFIC REQUIREMENTS: 1. The plat for Running Brook Estates will not be signed by the District unless the Calderwood Street right-of-way is vacated. 2. Construct a 28 -foot wide paved roadway from Highway 69 (Meridian Road) to the west property line of the first lot ( Lot 1, Block 1) . Dedicate a minimum of 50 -feet of right-of-way for same. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ld ! PRELIMINARY PLAT - RUNNING BROOK ESTATES December 2, 1992 Page 3 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. IW 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: v Larry Sale HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAY NES. FORREY, GASS,TeasureP,CItyClerk CITY OF MERIDIAN JAN CE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer August 16, 1993 MEMORANDUM 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor TO: ROYLANCE & ASSOC. ( ave Ro lance, PE/LS) FROM: GARY SMITH, P. RE: RUNNING BRO - ES --,- ( FINAL PLAN IE COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI The following items neeoxyou attentnon pri"Dr to plat submittal for signatures, q> 1 . eK Ear tlu re -connect to this How does t subdivisici s sewer ? 2. A 10 foo t,�w wi de knt ` needs oto $ be prod ded along the frontage of ;all to a ascen o a Ep b •ic r;$)6ht of way. 3. A minimum 5 knot wide easement needs to be./,- rovided along all ple rear lot 1 i ne`s`t �,. tomo fcsaing elevation for all 4. Add a note statim �» e bot houses shall be sed m nimitm of. 2,i, -inches above the highest known seasonal groundwater" ei vation. 5. The 20 foot wide access easement between Lots 11/12 should be labeled as "well lot" easement. What is going to happen with this well lot now that the developer owns it? 6, what is the access easement between Lot 12/13 for? 7. Call out the sanitary sewer easement and show it on one lot only. 8. Show distances from witness corners to the subdivision boundary. 9. Show distances along lot lines where easement lines cross them, e.g. Lot 1 - Block 1, Lot 3 - Block 2. 10. Show CP & F numbers for section and 1/4 corner. 11. Show developers name under title on Sheet 1. 12. The buildable lot area of Lot 1 - Block 1 and Lot 3 - Block 2 looks very small. Is this adequate? 13. Also reference S. Meridian Road as State Highway 69. 14. Provide street name approval letter from the Ada County Street Name Committee. ~ WFC O G1 Ln 0 Ri cn W O O M� Q7 ° U) p C70 O U� H P4 H H H W N° w M a ° U) N m ON JiNuO2 >,E06a 2 O;U]EHO CN A a H W O 14 £ N H H G4 9R8Hx� H Q w z � r+ U)�2 P4 8 a x A �aya� Z� a w W Z as [-i O �a z o � � 14� o h � U) -ax U CH9 � W H W h h U H °a p°a o o a o < Gq �y Ej O �d H&EM-4 sA � W • N H (JHj • H Z A w Up w co�0 H H H w o a a o o z • ay a H o xx° vii E E� A ►H] E 2 W � >fH r H a H ZH H a SE . W >+ H H H 4 S a 2 U ZO 0 x Ux too/� C7?� cls HCa qq�� W GG pH W H V] L4 H A H H [x7 CU w H Un z W La tEy H O H Q wQ', H H a i o z SUBDIVISION EVALUATION SHEET Proposed Development Name RUNNING BROOK ESTATES City MERIDIAN Date Reviewed 09/16/93 Preliminary Stage Final XXXXX Engineer/Developer Northwest Design Service / Liberty Homes of Idaho The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. , RUNNING BROOK ESTATES X. �e�a 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 Meridian City Street Name Ordinance. The following existing street names shall appear on theyla_t as: "SOUTH MERIDIAN ROAD" "EAST CALDERWOOD DRIVE" The following new street names are approved and shall appear on the plat as: "SOUTH MARSH WOOD PLACE" "EAST ARUBA COURT" 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, G REPRES TIVES OR DESIGNEES Ada County Engineer John Priester 1 Date Ada Planning Assoc. Terri Raynor Date Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet mast be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ok SUB DMEVALUATION SHEET RECEIV"j? AUG 16 1993 Proposed Development Name RUNNING BROOK ESTATES C1�� DIAN Date Reviewed 06/24/93 Preliminary Stage Final RRXX% Engineer/Developer Northwest Design Service / Liberty Homes of Idaho The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. RUNNING BROOK ESTATES R Date The Street name comments listed below are made by the members of the ADA CO TY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: If "SOUTH MERIDIAN ROAD" .�� �Di11.�Yi2�% T�►2r2A�� it?A�( "EAST CALDERWOOD DRIVE" The following new street name is over ten letters in length (counting the space as a letter also) and cannot be approved unless the Ada County Highway District will approve in writing the length of the street name: "SOUTH RUNNING BROOK PLACE" "ANDERSON" is a duplication and therefore cannot be used. Please choose another name and have it approved by the street name committee. 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, iGFICYEPRESENITIVES OR DESIGNEES e2 Ada County Engineer Ada Planning Assoc. John Priester Terri Date Date Meridian Fire District Representativ- I 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 1111 Sub Index ^Street Index NUMBERING OF LOTS AND BLOCKS ok '.Lol X—/ February 11, 1993 Mayor Kingsford 33 y. Idaho On the question'-kof z� responsible for N Mr. Schmaltz resp8 Sincerely, JohnF.Shawcroft Sewer Dept. Supt. cc. Gary Smith Jack Niemann to h the ds off the water accumu�tio dd' in he negati on . COUNCILMEN RONALD R. TOLSMA ROBERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Central District concerning bm Schmaltz ugh groundwater �1This was 1970s. ould be in the area, HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN JANICE LASS, Treasurer BRUCE D. STUART, waterworks Supt. 33 EAST IDAHO WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste water Supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief Phone (208) 888-4433 BILL GORDON, Police Chief GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor February 11, 1993 Mayor Kingsford 33 y. Idaho On the question'-kof z� responsible for N Mr. Schmaltz resp8 Sincerely, JohnF.Shawcroft Sewer Dept. Supt. cc. Gary Smith Jack Niemann to h the ds off the water accumu�tio dd' in he negati on . COUNCILMEN RONALD R. TOLSMA ROBERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Central District concerning bm Schmaltz ugh groundwater �1This was 1970s. ould be in the area, r Owners of Record within. 300 feet of the proposed•Creek'side Manor Subdivision, parcel numbers, owner names, and their mailing addresses, and the parcel description. Parcels marked with an. astrik (*) are included in the subdivision property. CREEK SIDE MANOR SUBDIVISION PARCEL # NAME / DESC_ S1119244300 FMACK, LHE L+'_ & VIRGINIA V. HOLBEN, CONRAD E- P -()-BOX 851 MERIDIAN, Ill_ 83642 415 E- OVERLAND RD. MIWIDIAN, ID_ 83642 S1119212900 PULLER, SVATY & SW19T 815 E. IST MERIDIAN, -ID- 83642 S1119223000 THACKI3R, PATRICK M- 165 E_ OVERLAND RD. MERIDIAN, -Ill_ 83642 S1119223312 QUEENLAND ACRES, INC. 485 W. OVERLAND RD - MERIDIAN, -ID- 83642 51119233630 JOHNSON, SYLVIA S. 2020 S. MERIDIAN RD. MERIDIAN, ID. 83642 S1119233710 FAWCE7.r, WILI1701D 11- 111 & BARBARA ANN 2090 S_ MERIDIAN RD - MERIDIAN, Ill- 83642 S1119233650 * STUCKKR, LEE R- & F <•� AIS M _ (rRU�ll,ltiS ) CUSHING, GEORGE & LENORA '42230 "c'- LOCUST GROVE RD_ MURIDIAN, ID. 83642 2020 MERIDIAN RD_ MERIDIAN, ID. 83642 Page 1 of 6 PARCEL 0. • CR[3hK S11YE MANOR SUBDIVISION NAME / DESC. ^ s R1581100040 HENDERSON , WAYNE A. & SI i 1 IZLL Y 1735 COUNTRY -.TERRACE MERIDIAN, ID. 83642 LOT 8 BLK 1 i -464 COUNTRY TERRACE SUB R1581100045 ANDERSON,STEVEN C. & MARCIA Lot 9 BLk 1 1713 COUNTRY TERRACE vvcsTa— ^ s R1581100040 HENDERSON , WAYNE A. & SI i 1 IZLL Y 1735 COUNTRY -.TERRACE MERIDIAN, ID. 83642 LOT 8 BLK 1 COUNTRY TERRACE SUB R1581100045 ANDERSON,STEVEN C. & MARCIA Lot 9 BLk 1 1713 COUNTRY TERRACE MERIDIAN,'ID. 83642 R1581100050 GAIGE A. JOHN & NXrA E. 1675 S. COUNTRY TERRACE MIMIDIAN, ID. 83642 LOT 10 BLK 1 COUNTRY TERRACE SUIS R1581100110 HOLLADAY, DAVID E- 1778 COUNTRY TERRACE MERIDIAN, ID. 83642 LOT 1 BLK 2' COUNTRY TERIZACE SUIS 81581100115 GULL, DALE M. & B! rl`Y L. 1756 COUNTRY 'rEfWACH MERIDIAN, ID. 83642 LOT 2 BLK 2 COUNTRY TERRACE SUB Page 2 of 6 Page 3 of 6 Cl=K :TIDE MANOR SUBD.LVISION PARCEL NAME / DESC_ 81581100120 LOBATO, RALPH R_ & KAPRI Y- 1712 COUNTRY I BRACE WAY MERIDIAN, ID. 83642 LUT 3 BLK 2 COUNTRY TEj?JL4cE SUB R1581100150 WAITLEY, l"G*HMW C_ & DORITA A- 1741 GIBSON MERIDIAN, ID. 03642 LOT 9 BLK 2 R1581100160 MCCLAIN, DALE & PATRICIA M- 1866 COUNTRY TERRACE MERIDIAN, ID_ 83642 LOT 2 BLK 3 COUNTRY TERRACE SUB R1581100165 JOHNSON, Ml (ll=l- L- & CAROL A. 1784 GIBSON WAY MERIDIAN, ID_ 83642 LUT 3 BLK 3 COUNTRY TER ACE SUB R1581110005 SHOEMAKER, CRAIG W_ & DEENA J- 1901 COUNTRY TERRACE WAY MERIDIAN, Ill_ 93642 LOT 1- BLK 1 WUNTRY 'TERRACE SUIS R1581110010 PLAZA, SUSAN G_ 1889 COUNTRY TERRACE MERIDIAN, ID_ 83642 LOT 2 BI'jK 1 COUNTRY THRRACIS ##1 R1581110015 LUKE, MICHAEL W. & LAURIE L. 1867 COUNTRY TERRACE MERIDIAN, ID. 83642 LOT 3 BLK 1 Page 3 of 6 i CREEK SIDE MANOR SUBDIVISION PARCEL NAMF / DESC. R1581110020 MORRIS, DAIX L. & DONNA L. 1845 COUNTRY JIUMCE WAY MERIDIAN, ID_ 83642 LOT 4 BLK t COUNTRY TERRACE SUB 112 81581110025 HUSTON, ADY'L'li M- 1771 COUNTRY `I'icRRAGE MERIDIAN, Ill_ 83642 LOT 5 BLK 1 COUNTRY TERRACE S UB #2 81581110030 BROWN. BERTRAM 11- & CAROL A. 1779 COUNTRY TERRACE MERIDIAN, ID. 83642 1"r6BLK 1 COUNTRY TERRACE SUB #`L R1581110035 CARS'II NS , WADE L. & ALETHA J. 1757 COUNTRY rFdMCE MERIDIAN, Ill. 83642 LOT 7 BLK 1 COUNTRY TERRACE SUB #2 R1581110100 HOSAC, (,IiESTER W. & IDIMINE M. 3388 DALTON LN - BOISE, ID_ 83704 LOT 13 BLK 1 COUNTRY TERRACE SUB #2 R1581110200 BENSON, JAMES M. & MA1tY JO_ 18138 COUNTRY 'TERRACE MI1RIDIAN, Ill_ 83642 LOT 1 BLK 3 COUNTRY THRItACE SUIS 92 Page 4 of 6 CREEK SIDE MANOR SUBDIVISION PARCEL NAME / DESC. 85672270590 03 ZABALA, JOE L. & RITA A. 23278 BOISE RIVER R - CALDWELL, ID. 8360v fA)T 2 BLK 5 MERIDIAN GREENS UNIT 41 R5672270600 03 CRAVENS, GR[S,GORY F- & JENNIFER A. 11336 S. E. 31W WAY MERIDIAN, ID. 83642 LOT 3-BLK 5 MERIDIAN GREENS UNIT #-L R5672270810 0:3 GL1+iNCO , INC- NC_P_O. P-0.BOX 851 MERIDIAN, ID. 83642 Wr1BLK 6 MERIDIAN GREENS UNIT #1 85672270820 03 SAUNDERS, ROBERT J. & DARLENE N- 517 E- KINGSFORD Dit . MERIDIAN, ID. 83642 LOT 2 BLK 6 MERIDIAN GRIUMS UNIT ill 85672270290 03 EVANS, CECIL R_ & JO ANNE 1749 S. E. 3RD WAY MERIDIAN, Ill. 83642 LOT 7 BLK 3 MERIDIAN GREENS UNIT #1 8.5672210300 03 JOHN & ANNA EIKE11 FAMILY TRUST 1:1300 : EPTO ST- T.MISSION( MISSION(HILLS, CA. 9134 E,O'r 13 BLK a MERIDIAN G1 "'*NS UNIT #1 Page 5 of 6 0. 0 d CREEK SIDE MANOR SUBDIVISION PARCEL NAME / DESC _ 85672270310 03 BATDORF, JOHN li_ & DOIZIS J_ 1827 Si E. :31u). M14RIDIAN, rD. 83642 LOT 9 BLK 3 MEtiRIDIAN GRICHNS UNIT #1 85672270320 03 W01MENSEN, llAVID H_ & NANCY M. 1833 S. E_ 3RD_ WAY MIMIDIAN, Ill. 83612 LOT 10 BLK 3 MERIDIAN GI DENS UNIT #1 85672270330 03 GLKNCO, INC. P.O. BOX 851 MERIDIAN, Ill_ 83642 LOT 11 BLK 3 MERIDIAN GIMNS UNIT #1 85672270340 03 GLHNCO, INC. P.O_ BOX 851 MERIDIAN, ID. 83642 LOT i2 BLK 3 MERIDIAN GRKr&NS UNIT #1 S1119233810 FAWCETT, WILFORD H. 111 & BARLYM 2090 S_ MERIDIAN RD. MERIDIAN, ID. 83642 PAR #3810 OF SW4NW4 R1581110060 * Anderson, Steven C. & Marcia A. 1713 Country Terrace Way Meridian, Idaho 83642 Lot 12, BLk 1 Country Terrace Subdivision #2 Page 6 of 6 IM7XIATION �) /' �'� 1 i r�l (*) County Zones 13 18. JAN $ $ tcALE - ': 30© � 19 Via, 11Q on 5 ®o oe R-4* - .. .. 2 c 10 44 T 2 ; T 5 9 3 8l 6 44 6 O La F 8 • a `2 9 5 5 1 3 ® q 9 2 y�i m m 13 21 1 ' 6 4 0 O 3 4 3 5 19 / 11 2 7} 6 18 C O 12 1 /8 6 S 3 9 i� 15 14 4 i ® 11 u 6 K O 3 6 PROPOSED `O 1 �, 12 q.� 7 12 CREEKSfDE MANOR ',o O 1 2 5 S Is 17 3 T SUBDIVISION R 9 O 10 16 6 - - p ,8114 13 ..► 7 9 O 16 D-1 '� • R-4 - ♦, 2 —r EN /A t L..E C mEEV. Z EDMO DS CC1�RT 1 \4 K L N O Y clry OF MERIDIAN' - -- ovErz _ rzoAP �t. I ui4 pLATTE v U1 ill\ UN A,.A-rr ED S 89' S09' I S'' E 3' 43"E V➢ P 3 0 Z N 89 11511, 1 S" N 1 � Q , 3 I V CoUNTIZY '(EKKA4.E SUFE. Nv. t Y r cOUNTR�' TERZ�GE SLh3 ND. 2 LoT 12. 13LK I pFZOFO -SO &NNEx4TlorJ CAL-,SFZA r;D STREET Ric:,H -3K? 56IN& VACATeO E �' s89.44' 1 V W 3 a99S 44<0:11' � d' PARG6L No• 5111�i233�sa mcomor=av ANNaxA?IoW J2 I0000. 2!0' v - CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary Minutes of the regular Commission meeting held August 13, 1992, at 7:00 p.m., in the offices of the Ada County Highway Dis- trict, 318 East 37th Street, Boise, Idaho. Commissioners Winder, Bruce and Rhodes present. Approximately twenty citizens present. Ada County Highway District staff present: Chris Schwarzhoff, Jerry Nyman, Terry Little, Bill Stimpson, Chuck Smith, Larry Sale, Mike Brokaw, Dave Wynkoop, Steve Spickelmier, and Alice Sinsel. Commissioner Winder called the meeting to order at 7:05 p.m. PUBLICHEARING, PROPOSED VACATION, PORTION OF ALLEY, BLOCK 25, SOUTH BOISE FIRST SUBDIVISION - Chuck Smith stated that here and now is the advertised place and time to consider the re- quested vacation of an alley in Block 25, South Boise First Subdivision and a portion of Denver Street adjacent to Block 25. He stated that Ralph Kreizenbeck is the applicant. Mr. Smith explained the history, -of the request and the changes that have occurred since the original request. He presented 'the staff report (copy attached) and stated that no objection to the proposed vacation had been --_received,._ After. a detailed report was presented, Mr. Smith recommended that the Commission approve the proposed vacation, subject to the requirements outlined in the staff report. He further pointed out that the requirements of 40-203, as amended, effective July 1, 1992, may not be applicable because the letter requesting the vacation was received on May 3, 1992. After discussion between the Commission and Mr. Smith, Commissioner Winder asked for audi- ence input; hearing none, he closed the public hearing. Commissioner Winder asked about land value and whether it should be paid by the applicant. Mr. Smith explained that the application had been received prior to July 1,, 1992. Commis- sioner Rhodes moved to proceed with the vacation of subject alley, subject to the findings of facts and recommendations of staff, and to waive the fees required by the new law for vacat- ed rights-of-way, based upon the application being received prior to July 1, 1992. Commissioner Bruce seconded. Motion carried unanimously. CONTINUATION, PROPOSED VACATION,. UNOPENED CALDERWOOD STREET - Chuck Smith explained that the Commission had directed staff and the developer to review the possibility of extending a street into Meridian Greens No. 3. Mr. Smith explained that ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Commission Meeting Page 2 Continuation Pro Continued) - August 13, 1992 >osed Vacation Unopened Calderwnnri c� ��reet Mr. Lance will present the developer's proposal for solving construction access problems. g the Alan Lance explained what would occur if Calderwood were not vacated and noted that Mr. Fawcett's land would be landlocked no matter what is done for access to the Calderwood does not abut his propert proposed subdivision; proposal to provide access to their subdivision. e then eInlincludedeir connection to Meridian/Kuna highway which would provide ty-foot right-of-way which is owned b a foot Y the applicant; as ten - dedication by Mr. Fawcett to the canal; and then a sixty - foot dedication by Mr. Fawcett from that point to where it into Meridian Greens to allow him access to the roadway when hey decides to develop his goes concerningProperty. Much discussion followed the proposal and what constitutes a street; the need, or lack thereof, to connect collector to Meridian Greens No. 3; the Possibilityof proposed connection to CouProviding a cul-de-sac at the nt Greens. Mr. Lance explai dTtheaeasement that is Way and to Meridian the subdivision for access to the well for Count provided in errace No. I. He further noted that he had not contacted Mr. Fawcett regarding their preferred alternate; Mr. Fuller had agreed that he could provide access to tie the roadway into Meridian Greens No. 2. - Commissioner Winder asked Mr: - Fawcett to explain --his -pos on the developer's proposal._-_- ition Mr. Fawcett, 2090 South Meridian Road, stated that t that impacts him the most is that he is being asked to give his land in order for others to develop their property. Thaup t does not seem fair; no one had consultedhim about the propos- al. He stated that to give the ten - feet would cause mature trees to be removed and that he would have to think long and hard about it. He was concerned that he had not been consulted about any of the proposals. He didn't see that the developer had given up anything, and that the for all concerned. Discussion held concerniinsathes not the best I the land that is --A 9 propert n would continue to be landlocked. y and Norman Fuller, the third owner would like to was willing to Meridian Greens 1103 West Camelia, Meridian, stated that he was of the Meridian Greens Subdivision and that he see some other access out to Meridian Road. cooperate with the other developer to connecHe t No. 2, even though it would cost them a lotto. Much discussion held concerning whether a road could be desig- nated "collector" on a fifty -foot right-of-wa that a street could be brought into either arfiftyefootnoted or sixty -foot right-of-way. Mr. Fuller was not too concerned NOTICE OF HEARING City of NOTICE I anEaEdYtheVE Pursuant to the Ordinances of the Planning and Zoning Commission fofhthe tCit ate of Idaho, that the hold a Public Hearing at the Meridian Cit Street Y of Meridian will Street, Meridian, Idaho, at the hour of 7:30aol' 33 East Idaho the Application' 1992, for the purpose of reviewing clock p.m., ion n tinof GLENN L. JOHNSON (LIBERTY HOMES OFand IDAHO) for annexation and zoning of approximately 9.69 acres in two Subdivision No.op (1) Lot 12, Blk 1 of Country Terrace at the Ada CountyAssessorsPoffice, Counarcel No. ty as recorded being in the NW 1/4 of Section 19' Ada County Idaho and all Idaho, and generallyT3N,RIE, B.M., Ada County I ho, and located South of Overland Road adjacent Country Terrace Subdivision and Meridian Greens. That the Application requests annexation with zoning of R-4. Further, Applicant re Portion Furth the NW quest a Preliminary Plat of a Count 1/4 Section 19, T3N.1 RIE. Y, Idaho; for a 31 residential single family ily Ada losubdivision for Running Brook Estates, building t A more paticular legal description of the above property is on file in the City Clerk's office at Meridian Ci 33 East Idaho Street p Y regular business hoursand is available for inspectionduring publicny and all interested persons shall be heard at said. g public is welcome and invited to submit testimony. DATED this 17th day of November, 1992; tun MV IL I N I I ': County Zones 13 I S JAN 2$Ift sr.Al. E •. 3 0© _-, _- 2 18 4 a 10 1 4 7; 7 3 s � ' 9 3.161 8 6 44 6 O ® F e . , 13 2 9 5 5 1 3 q 9 2 1 m m s 6 2 4 21 0 O/ 3 . W Ir- f:..� Ix 4 3 A 3 5 19 11 12 a 8 4 8 s 3 s 6 0 1 2 15 3 ,FSS 10 14 4 . 5 11 6 13 PROPOSft) ;: `o �, 12 FO,p ,1.�� ^ 7 19 ; 12 6 CREEKSfDE MANOR �,O O O O f 2 8 Esc 18 5 T. �. 7. SUBDIVISION, � o,Qa 917 3 fo 16 - 'f? 15114 i213 7 9 Q ID Q 1 R-4 • 1 - 2 ♦ T C N /A 1 l_ E C 2 EDMO OS J �,Cd1FT �K U[.. tV o Y N C/TY OF MERIOIAN'."I m�� Owners of Record within 300 feet of the proposed bRoor-LSTA.TE5 parcel numbers, owner names, and their mailing addressese and the parcel description. Parcels marked with an astrik (*) are included in the subdivision property, PARCEL # _ NAME / DESC_ 51119244300 KNACK, LEE h_ & VIRGINIA V. HOLBEN, CONRAD E- P -0 -BOX 851 MERIDIAN, ID_ 83642 415 E. OVERLAND RD_ MERIDIAN, ID_ 83642 51119212900 FULLER, SVATY & SCOrr 815 E. IST MERIDIAN, ID_ 83642 S1119223000 TRACKER, PATRICK M_ 165 E. OVERLAND RD_ MERIDIAN, ID. 83642 51119223312 QUEENLAND ACIMS,INC_ 485 W. OVERLAND RD_ MERIDIAN, ID. 83642 51119233630 JOHNSON, SYLVIA S- 2020 S_ MERIDIAN RD. MERIDIAN, ID_ 83642 S1119233710 FAWCEW, WILlOIti) Ii. 111 & BARBARA ANN 2090 S. MERIDIAN RD_ MERIDIAN, ID_ 83642 S1119233650 * STUCKER, LEE R. & j; � , � . . rItUSlIsIsS ) CUSHING, GEORGE & NORA 2230 S_ LOCUST GROVE RU_ M WIDIAN, ID. 03642 2020 MERIDIAN RD- D - -MERIDIAN, _ _MERIDIAN,_ ID. 83642 ----- Page -1 of 6- ---- - - 0 • PARCEL NAME / DESC . n, 1 6.11KNA 110 BEN . ii �� rinv ur � MM14DI: a't, ll)- O a& -' )lnm fly,�+(_ _i. _- - �•C �vo'riS- c_ycy . t 81581100040 HENDERSON, WAYNE A. Sic SHIRLEY 1735 COUNTRY TERRACE MER ID_ 83642 LO'r 8 BLK 1 COUNTRY TERRACE SUB R158110O045 ANDERSON,&.rEVE%N C. & MARCIA Lot 9 B L k 1 1713 COUNTRY TERRACE MERIDIAN, ID. 83642 R1581100050 GAIGE A_ JOHN & NXrA E. 1.675 S- COUNTRY TERRACE MERIDIAN, ID_ 83642 LOT 10 BLK 1 COUNTRY TERRACE SUB R158110O110 HOLLADAY, DAVID E- 1778 COUNTRY TERRACE MERIDIAN, ID. 83642 LOT 1 BLK 2' COUNTRY TERRACE SUB 81581100115 GULL, DAIAC M_ & BX1717 L. 1756 COUNTRY TERRACE MERIDIAN, ID. 83642 --—.-.--- -� LOT -_2 BLK 2 COUNTRY TERRACE SUB Page.2 of 6 PARCEL _ NAME / Dis'SC _ 81581100120 LOBATO, RALPH R_ & KAPRI Y_ 1712 COUNTRY JT1?RACR WAY MERIDIAN, ID_ 83642 LUT 3 BLK 1 COUNTRY '1HRRACE SUIS R1581100150 WAITLEY, RICHARD C_ & DORITA A- 1741 GIBSON MERIDIAN, ID_ 83641 LOT 8 BLK 2 R1581100160 MCCLAIN, DAIX & PATRICIA M- 1866 COUNTRY TERRACE MERIDIAN, ID_ 83642 LOT 2 BLK 3 COUNTRY TER ?ACE SUB 815111100.165 JOHNSON, MICHAEL L_ & CAROL A- 1784 GIBSON WAY MERIDIAN, ID. 83642 LOT 3 BLK 3 COUNTRY TERRACE SUB R1581110005 S"()EMA)MR, CRAIG W. & DEENA J- 1901 COUNTRY TERRACE WAY MERIDIAN, Ill_ 83642 LOT 1 BLK 1 COUNTRY '1'Hj?jJACE SUIT R1581110010 PLAZA, SUSAN G. 1889 COUNTRY TERRACE MERIDIAN, ID_ 83642 LOT 2 BLK 1 COUNTRY TERRACR #2 R1581110015 LUKE, MIC11AEL W_ & . LAURIE l._ 1867 COUNTRY TERRACE MERIDIAN, ID. 83642----- - LOT.. 3 BLK Page 3 of 6 PARCEL NAME / DBSC _ K1581110020 MORRIS, DAIX L. &+DONNA L_ _ 1845 COUNTRY '1'TsRItACIs WAY MERIDIAN, ID_ 83642 LOT 4 BLK 1 COUN'1'1tY TUlU?ACl( SUB 412 1t1581 ] 10025 HUSTON, ADYT11 M- _1771 1771 COUNTRY THRl2ACE MERIDIAN, ID_ 83642 LUT 5 BLK 1 COUNTRY TUl?ltACE SUB #2 It1581110030 BROWN' BlsRTI?AM 11- & CAROL A. 17-19 COUNTRY TERRACE MERIDIAN, ID. 83642 LOT 6 BLK 1 ENTRY TERRACE SUB #2 R1581110035 CARSTENS , WADES L- & ALWrHA j- _1757 1757 COUNT1tY '1'L{RNACPS MERIDIAN, ID- 83642 1,0'1' 7 BLK 1 COUNTRY TRItRACE SUB #2 81581110100 BOSAC, CvHESTER W_ & LORRAINE M. 3388 DALTON LN_ BOISE, ID. 83704 LOT 13 BLK 1 COUNTRY TEI' RACE SUB #2 81581110200 BENSON. JAMES M. & MAltY JO_ 888 COUNTRY TERRACE MISItIDIAN, ID_ 83642 LOT 1 BLK 3 COUNTRY TH tACE SUIS #2 Page 4 of 6 4* LANYA04 9•Me Tie-c.. I�AY �1�t f op-'f M9*9-11ptAu I IvA+fo 8S(o4l PARCEL NAME / DESC - 85672270590 03 ZABALA, JOE L- & RITA A- 23278 BOISE RIVER RD. CALDWELL, ID. 83605 LOT 2 BLK 5 MERIDIAN GREENS UNIT #1 It5672270600 03 CRAVENS, GR9GORY F. & JENNIFER A. 11136 S - is - 31U) WAY MERIDIAN, Ill- 83642 LOT 3 BLK 5 MERIDIAN GREENS UNIT #1 85672270810 03 GLl3NCO, INC - P -0- BOX 851. MERIDIAN, Ill- 83642 LOT 1 BLK 6 MERIDIAN GREENS UNIT #1 85672270820 03 SAUNDERS, ROBI%*Wr J- & DARLENE N. 517 E. KINGSFORD DR - MERIDIAN, ID. 83642 I"T 2- BLK 6 MERIDIAN GREENS UNIT #1 R5672270290 03 EVANS, CECIL R- & JO ANNE 1749 S. E- 31W WAY MERIDIAN, Ill_ 83642 LOT 7 BLK 3 MERIDIAN GREENS UNIT #1 IZ.56?;2'2'!0300 03 JOAN & ANNA EIKE1Z FAMILY TRUST 1;1300 SlsPTO ST - MISSION HILLS, CA. 91.345 LOT 13 BLK 3 MERIDIAN Gl?EENS UNIT #1 Page 5 of 6 2�p� of G2 N Atm F-oPMT L. C vomNA N/1. CHPPSTLj�jSeT,( • IC05 s• Mlf�t�kl RD l� I MVAq, ! 14o $3644Z. 4&5 IoNm50' a r:P015r, 1phHo 83`105' PARCEL NAME / DESC . R5672270310 03 13A'PDORH , JOHN E . & DORIS J _ 11327 S. is _ 310). MERIDIAN, Ill. 83642 LOT 9 BLK 3 MERIDIAN GHHHNS UNIT #1 R5672270320 03 WORTENSEN, DAVID H. & NANCY M. 1833 S. E. 3RD. WAY MERIDIAN, Ill. 83642 -LOT 10 BLK J MERIDIAN GR1104NS UNIT #1 85672270330 03 GLENCO, INC_ Y_O_ BOX 851 MERIDIAN, Ill_ 83642 LOT 11 BLK 3 MERIDIAN GREENS UNIT #1 R5672270340 03 GLENCO, INC - P -0- BOX 851 MERIDIAN, ID_ 83642 LOT 12 BLK .3 MERIDIAN GREENS UNIT #1 51119233810 L+AWCETT, WI LIQ ORD H. 111 & BAIWARA 2090 S_ MIsRIDIAN RD. MERIDIAN, ID_ 83642 PAR #31310 OF SW4NW4 81581110060 * Anderson, Steven C. & Marcia A. 1713 Country Terrace Way Meridian, Idaho -83642 Lot 12, BLk 1 Country Terrace Subdivision #2 Page 6 of 6 NOTICE OF HE NOTICE IS HEREBY City of Meridian and GIVEN pursuant to Meridian city Council the laws the Ordinances of Ord - .hold ublic °f the the Street p Hearing at of the it °f Idaho, that the Februar Meridian, the the Meridian cityy Of Meridian will Y 16, 1993 ' at the hour Of Hall• 33 East thL Application of pose 7s3U o'clock Idaho annexatio GLENN Z. -,T of reviewing P•m. O On and zoning OHNSON (LIBERTY H and considering adjacent Properties, (1 g °f Subdivision No. ) Lota12 roximatel HOMES OF IDAHO) at the Ada 2 and (2) pares Blk 1 of Coutrcres in two being in the NWtyAssessOrs Off ' 1'No. S1119233650try Terrace Idaho, and NW 1/4 Of Sect' ice. Ada Count as recorded generally located on 19. T3N,R1E, B Idaho and to Country Terrace South B.M. Ada Countyall Application Subdivision and Merldi rland jacent requests annex Road ad annexation zoning Greens. That the Further, Applicant requestg of R_4. Portion of County Idaho; NWr1�4 Section 19a Preliminary lot subdiv• a . T3N, plat of a subdivision for 31 residential RIE. B.M Running Brook single. Ada Estates . family* building Is on A more paticular 33 East iId in the City Ce legal description of regular aho Street, and rk s office at Meridi above property business hours. is available for an Cit An inspection during Public y and all interested g hearing and the Public shall be heard testimony. is welcome and invited t said DATED this lg to submit th day Of January. 1993: County zones 13 18 JAN E I ': 3 oy.19 • c r i 10 0 4 T3: t 3 s 8 2 e 6 14 s (D s m_ F S S 12 9 m S ♦f 5 1 3 4 9 T m m _ 2 21 AN i 1 _-e. w s 4 6 2 4 O r, f_..� 3 t 3 i S 19 II .. 2 7 t2 1 7 F 2 3 � 13 �4 s � �` E 8 6 3 9 ./ 9 IS n 1� ® v�S 10 14 4 . 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O N O �' w w w w o0 00 00 w w w N O N N N N N O In O W n W H ami H t=i rC I.-CaI---n1.- i-+0 v 00 > 00 H 00 C; �O V H �C•� mno0CaC 00n yy zz �p Hlntzl'x�o�+IHIclit"n, lo OCK G� O 11 xor0t`740(Do�r m o rcn:i m3 :i� 9 ' H t. z�CO�CR+�C�rCt7 R+ c > o �w H Ht-'H>Httzitzj r����m o m mmm H �! to n ntxn n• �n �n tzj Pro y V O V r Vey+ V cn d W O H C-1 a .m m CHnHrH H o y vrviv d HO m C Y V Y D m o o n Y H H H O nCl 0 00 W m C\tv m= O O O O N :»id��o� 00 00 00 id 00 w w w ° 0 a` 4- •L- N N N p „ o. x m m 9 » m � m T m db w N �m o0; 0 � �° b +t»Di ,c°• m �. m C 5 � m m ma O b ami 0 sA x OCK mm3 m �o 0 0 S MOm �w mmm B_ b .m m T rn y o m FRO m C m o o n T m= n y x m 9 » m mCD CD p• � -T PS Form 3877, Oct. Q C 1988 FOR REGISTERED, W INSURED, N .� C.O.D., CERTIFIED, RETURN RECEIPT FOR O OD �t C/1 MERCHANDISE, AND EXPRESS MAii r O cr y "; zMaM 1 v - CD 0 (Jl j t tA" � � ma 0 U) "n "I 3 m m c ?� � m m O 3 � m \ v, m M °. 00 < opo V V m o m m Z o :r ccTT `� o ° D a cA „• �- 0250 1 z 0n C7�+g a....o w g UG .-0 7 ogo�a _ 6S a C5.0 R A n.e�Ha• 19 r z 00 CD C ^. n s m • � to ?c"t°n3 F -C-4 °DO Nx vz LM.M El d d 0 co N pu t�I z� I 3 m CL Q. m m m N m w m CL V 0 O D CL R- CD a nnr7o?s- Moi � o 4ac Tm 009 T c=�F 'Mf�° ' M CD <F°xRmn E-5 .a am �_ O CD Om y 0 - n O M on mm3 o s � mmm m s o» — m Ty tyi mom mo coa T fn —1 m I = y m ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 NW 1/4 OF SECTION 19, T.3 N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described .in Exhibit "A" attached here to and incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property, escri-bed in 2-xhibit attached here to and incorporated her-ein T- - - - -_- by this_ reference -- _is hereby. annexedMeridian, and _ __ shall be zoned R-4 Residential; that the property all be subject to site � planning review and the Subdivision and Development Ordinance; that all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, must be completely tiled, including that portion not located on the property if it is a boundary and if not so tiled the property shall be subject to de -annexation; that the property shall be subject to de -annexation if the R-4 density is exceeded or if dwellings other than single family dwellings are allowed to be constructed on the property and this restriction shall be noted on the plat of the subdivision; that there are wetlands issues and ORDINANCE PAGE - 1 a 0 ground water problems on the property and these problems must be solved to the satisfaction of the Meridian City Engineer prior t final plattingand if not the p o property shall be subject to de- annexation. Section 2. That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors doe not meet the requirements above stated and those contained i s Findings of Fact and Conclusions of Law adopted for A n the application, construct water and sewer line extensionsPPlicant's the to serve Property, and construct streets to and within the propert if meet th Applicant fails to Y' ese conditions the property shall be subject to de-annexation, which conditions shall run with _ also be personal to the owner. land and -._- -- Section 3 That the City Clerk. 'shall - ca<use one (1) PY Of the legal description, and ma p, which . shall .p1 .. desi an clearly gna�e the boun_ri daes of said propert - - _ __. Y, to -be hied with they Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective d this Ordinance. ate of Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance be in full force and effect from and after its shall passage and approval as required by law. PASSED by the City Council and approved by the Mayor of th City of Meridian, Ada Count e County, Idaho, this 16th day of March, 1993. ORDINANCE PAGE - 2 APPROVED; ATTEST; JACK tv - MANN STATE OF IDAHO,) County of Ada, ) ss. I, JACK NIEMANN, Cit ---� .n - —Idaho- y Clerk of the Cit . - -hereby eerti f Y of Meridian, Ada -mull- �nd-- aerreet -eo_ Y that the- above= a - r g rz _-_ ORDINANCE OF THE CITY OF pY -of -, an � zs PROPERTY WHICH IS DESCRIBED MERIDIAN ANNEXING AND ZONING�ERTA- IN REAL EC�IONAS A_PORTION OF -THE SW 1/4 NWPROVIDING ' ' M;—' -MERID=UNT 1 /4 OF AN EFFECTIVE DATE";- passel --ate= p a 9;:7AND the City Council and Mayor of the City of Meridian, on -31 v Of March, 1993, as the same appears in the 16th�d y a my office. DATED thisl-76 day of March 1993. City Ada i� ORDINANCE 1 R, �,Xy of Mer ty, aho an PAGE - 3 STATE OF IDAHO,) ss. County of Ada, ) On this day of March, 1993, before me, the undersigned, a Notary public in and for said State Niemann, known to me to be the person whose namis subscribedg ' the within and foregoing personally appeared Jack g instrument, executed the same. g and acknowledged that he IN WITNESS WHEREOF, MY official seal the day I have hereunto set m y hand written,— and year in this certificate firstff affixed above E 1 L rrrrr// D SEAL C G ` 6 M a us � N'. A4 ', � t Public for Idaho es ' ding at Meridian, Idaho /1111111111111 ORDINANCE PAGE - 4 N. W, N.W CORNS SEC. 19 I JL I �r 'I l/4 E Cr l9, TArSN, RAr 1E t+. Ord. 596 � t loss /Nf/////////////////////////////////////////ff !• i,. r 0.73 O SO R6 iJ l 30 RQO C� j A- AUIWI Lo b a w � � o t+. Ord. 596 � t loss /Nf/////////////////////////////////////////ff !• i,. EXHIBIT "q" (Formall ^"""CAHLION LEGAL DESCRIPTION y Creekside Manor Subdivision) Annexation includes two 129 Block 1 of County adjacent properties consisting of (1) No. S111923,30f as y Terrace Subdivision No. 2 and Lot Ada Count recorded at the Ada Count t2) Parcel Ada B• M. y' Idaho and all being in the y Assessors Office, Ada County, Idaho. Being NW 1 /4 of Section 19, T3N as follows: g more Particularly' descrihpH Beginning at the NW thence N 890439431-E, said Section 19 to thence S 0030,12"W, OF BEGINNING; thence continuing S thence S 00279 08"W, thence N 89°59'15"W, South Meridian Road; thence N 0055100"E, Point; ithence S 89°591 15"E, section corner of Section 19 1116-35 feet along the ' T3N, R1E, B. M. ; Point; north section line of 965.00 feet to a 0030' 1211W9 360-14 194.49 feet to a 1120.26 feet to 50. 00 f e e t 602.99 feet a4 ° 59 ,-15;;"s� Ten Mile Drain; �, 64.98 .feet thence N 33°38'22"1_1 Point being the REAL POINT feet to a point; Point; a point on the Centerline of along the said centerline to a to a point; to a- paint r ,- - - o a point o the cen-terl-ine of Mi_le-Dr-ain t_o 1 116. 13 feet along said centerline thence o a--p-ci-nt_; __ - of Ten N 17 38' 40"W - - - Mile Drain to a ' 766.02 feet along said cer►ter-line thence N 89°43+43 -Ent' -of Ten t h 105.22 f ence thence S 3000' 00" E N 89043'43"E,105'00 eet to a point; feet to a point; thence N 37°44' 25"W' 114-48 feet to .16.61 a point; thence thence N 3 ° 00 , 00"W, ' S feet to a 91.80 feet to point; thence 23°41'25"E, S 37°44'25°E, 91.88 256. feet toa a point; point; thence S 52°15'35"W 08 feet to a point; 30.00 thence thence S 3704492511 E' N 85.00 feet to a feet to point; thence 52015'35"E' ' S 37044125"E, 30.00 170'00 a feet to a point; point; thence N 52015'35 131.47 feet to a point; thence thence N3' N 37°44925"W' feet to a 61.38 feet to point; along a curve of 45.00 feet, and having a point on a curve; g an arc length of-3p-pop 30' 59 point; a chord bearing g N feet, 5100,3s27 E thence S 3704412511E, 157-52 feet OF BEGINNING. , 30. 00 a radius feet to a to a point being the REAL POINT Basis of Bearing is N 89043 Section 19, T3N, RiE 43 E, the north Aa Conty, approximate centerlineBof•�Overland uRoad.Idaho, property contains an area The subject to all of 9.69 acres more the property, public right of ways and easements section line of also being the above described or less and is that are within s BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GLENN L. JOHNSON a ANNEXATION AND ZONING SW 1/4 NW 1/4 OF SECTION 19, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 8, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 8, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 8, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; that this matter has been considered and heard by the Commission before; that hearings were held on April 14, 1992; that the Commission FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 t i • i ' takes judicial knowledge of the testimony and evidence from the April 14, 1992, hearing and the hearing held December 8, 1992. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is, approximately 8.9 acres in size; it is near the southeast quadrant of the intersection of Meridian -Kung Highway and Overland Road. 3. That the property is presently zoned by the county as R- 2; that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property to the east is not within the City limits but other land in the area , Meridian Greens subdivision is in the City limits and is zoned R-4 but developed at less density than R-4. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property and the owners of record are Steven and Marcia Anderson and Lee R. Stucker and Fae M. Stucker and they have consented to the application to be annexed. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is not presently included within the Meridian Urban Service Planning Area FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan, but the City is processing an amendment to the Comprehensive Plan and Urban Service Planning Area (USPA) boundary and the property would be included in the USPA if that amendment is passed and adopted. 9. As found above the Application requested that the parcel be annexed and zoned R-4. The applicant has indicated that the intended development of the property is for an R-4 subdivision and the Applicant has submitted a proposed preliminary plat and has submitted an Amended Plat. 10. There were property owners in the immediate area that testified at the April 14, 1992, hearing objecting to the Application; the objections were based on increase in traffic, that there was a wetlands area in the property that needed protection, that connection to Meridian -Kung Highway needed to be completed as part of this development, ground water and drainage problems in the area, and concerns about road connection to Meridian Greens subdivision; that property owners also appeared at the December 8, 1992, hearing and their concerns were protection of the storm drain system and well and water lines in Country Terrace Estates and protection of access to the well lot in Country Terrace. 11. That the property is in the MERIDIAN HILLS Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan, property inside the Urban Service Planning Area FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area; if the property is included in the USPA it may be developed at a density greater than one dwelling unit per five acres. 12. That property outside the Urban Service Planning Area, but within the Area of Impact, may be annexed and developed but only at densities allowed; however, the Meridian Zoning Ordinance requires all residential zones to connect to City water and sewer and if the property is outside the Urban Service Planning Area it cannot receive water or sewer; connection to water and sewer would be resolved and required if the property is included in USPA and annexed and zoned. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer if included in the Urban Service Planning Area the Urban Service Planning Area which the City is now in the process of amending and it is likely that the property will be in the USPA. 15. Ada County Highway District, the Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 District, City Engineer, Bureau of Reclamation and City Fire Department may submit comments and such shall be incorporated herein as if set forth in full. 16. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 17. That the Applicant stated in the Application that Applicant intends to have a density of about 3.37 dwelling units per acre and stated at the hearing that the house sizes would be a minimum of 1,800 square feet and probably 2,000 square feet plus, with the lot sizes having a range of 8,000 to 11,000 square feet. 18. That proper notice was given as required by law and all Procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 within 300 feet of the external boundaries of the Applicant's .f property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 r upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that before development can occur the Urban Service Planning Area will have to be amended to include the property into the Urban Service Planning Area; if the Urban Service Planning Area is amended, the Applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That since the Applicant's property is in the MERIDIAN HILLS NEIGHBORHOOD of the Comprehensive Plan, the annexation is in conformance with the Comprehensive Plan and the requested Zoning would be if the land is included within the Urban Service Planning Area. 11. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, the Comprehensive Plan, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; it is assumed that since the City is processing an amendment to the USPA that would include the property within the USPA, that the property will eventually be in USPA. If the land is ultimately included in the Urban Service Planning Area, the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 the City Council level; annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de -annexation if the R-4 density is exceeded or if dwellings other than single family dwellings are allowed and this restriction shall be noted on the plat of the subdivision. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; the concern over the wetlands issue must addressed before the City Council as there have been wetlands along Ten Mile Creek. 13. That the requirements of the irrigation districts and Ada County Highway District shall be met as well the requirements of the Bureau Reclamation and the City Engineer. 14. With compliance of the conditions contained herein, the annexation and zoning of R-4, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that if the property is included in the Urban Service Planning Area, as it likely will be, they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and compliance with the Ordinances of the City of Meridian; that it is also recommended that annexation and zoning not occur until the USPA is in fact amended. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 IN REPLY REFER TO: 424 December 8, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 Subject: Review of Running Brook Estates Subdivision preliminary plat (Zoning Review) Dear Ladies and Gentlemen: We appreciate this subdivision's showing the United States' Ten Mile Drain right of way. To avoid being in trespass, the Calderwood Road crossing of the Ten Mile Drain will need a crossing agreement from Reclamation. Our streamlined authorization process with ACHD should make this a simple matter. This subdivision's storm water will apparently run off into the Ten Mile. We request assurances that storm water discharge will meet ACHD standards, which are the same as USBR's. To assist in this development's making an orderly addition to our community, and to fully inform and prevent possible errors by future homeowners, we request the following: 1. The final plat be clearly labeled, "United States Ten Mile Drain Right of Way." 2. Please amend the plat to show the ten foot wide "utility, drainage, and irrigation easement" on the east side of the Ten Mile right of way. This placement will receive the least impact from drain 0&M activities. 3. Insert on the final plat notes, "All bridges, culverts, relocations of, and/or permanent improvements within United States canal rights of way must be permitted by the Bureau of Reclamation." 4. Nampa Meridian Irrigation District's approval of the resultant irrigation system in accordance with I.C. 31-3805(2)(c). United States Department of the Interior CA�M BUREAU OF RECLAMATION ®� Central Snake Projects Office 214 Broadway Avenue Boise, Idaho 83702-7298 December 8, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 Subject: Review of Running Brook Estates Subdivision preliminary plat (Zoning Review) Dear Ladies and Gentlemen: We appreciate this subdivision's showing the United States' Ten Mile Drain right of way. To avoid being in trespass, the Calderwood Road crossing of the Ten Mile Drain will need a crossing agreement from Reclamation. Our streamlined authorization process with ACHD should make this a simple matter. This subdivision's storm water will apparently run off into the Ten Mile. We request assurances that storm water discharge will meet ACHD standards, which are the same as USBR's. To assist in this development's making an orderly addition to our community, and to fully inform and prevent possible errors by future homeowners, we request the following: 1. The final plat be clearly labeled, "United States Ten Mile Drain Right of Way." 2. Please amend the plat to show the ten foot wide "utility, drainage, and irrigation easement" on the east side of the Ten Mile right of way. This placement will receive the least impact from drain 0&M activities. 3. Insert on the final plat notes, "All bridges, culverts, relocations of, and/or permanent improvements within United States canal rights of way must be permitted by the Bureau of Reclamation." 4. Nampa Meridian Irrigation District's approval of the resultant irrigation system in accordance with I.C. 31-3805(2)(c). Page 2 Please call istance. in erely, 4J'elI cc: Namr John Caywood at 334-1463 if we can be of further igation District MAR, 1� .M���tJ.�;,�•.ti r[ t �." �` ��ry�<�'t 'v''v' �y!.+{p '"'a,�a �'; r�rt�''s '�'�ar�p•'��� ;w`�-" ." )tit {�� *����tt,, ��,pp -h'VA4M y•RECO, iY{/�!♦eS�F,b STEVETI'll. MAC and.6E0Rf;lA 1.�.� N AC�'iµis Ipnd and wife T the Crestar S, do, hetroby 6r�utfi, 6tltRdin; evil and mantfiay unto.. SlEVEft C. ANOfsRSOt rld'1�11RCI A: Aill) RSO' .husband an�`wife the Crltotee s . whose adi�rese.is' 80X 206; I CRI QIAN I PAHO ; 8360.2' the ibilowioa deaer'bed premises, tai -wit.'•' r «4 t Lot 12 in Block''! of tougtrr Terrace Na. 29 according to the plat thereof filed in Book 51 of Tlats'at pages ,4328 and 4329, records•.of Ada County, 1 Idaho. TO HAVE AND TO I(O1.P +he said premises, with their appurtenances unto the said Grantee s , their heirs and assigns forever. And the said (;rxntors do hereby covenant to and with the said Grantees , that they are thtr owners in fi-e pimple of said premises; that said premises &re free from all encumbrances ..except reservations of record, easements of record, general taxes and irrigation assessments for the year 1992 and subsequent years, which are not yet due and payable. and that L hey -will warrant and defend the same from all lawful claims whatsoever. PTCiEber 12N W. HOSAC GEORGIA L. HOS Ada STATE. OF IUAlltt, COUNTY OF STATE OF IDAHO. COUNTY OF I herehy certify that this instrument was filed for record >aa t82 On thi,t 1 s t day of November t9 , at t!te request of hfONEER TITLE CO. ;^ Wme, a notary public In and for said Ftate, personally Q minutes prat o'clock m.. 4� S `. appeared At this �/Jt-r�/ day of 71/ --1," . �^'v STEVEN.W:•HOSAC and GEORGIA L. HOSAC 19 in myuffice. and duly recorded in Book si _ of Deeds at page S! '3s known to me to br the parse. whose names a :1 �' iid il'•: t i � '.4 subsenbedwlhr in instrument, and o ed, to —_ - gx-Officio Itecorder C.. rfme 0401ey arae. / Notary i•ub to S Fees Sevi t � GO15e Idaho April 2E, 1984 Mail to: C; (:"Mm. ExpiresP .— =r� PIONEER TITLE COMPANY OF ADA COUNTY -. �- �[� a2i W. Stale Sheet L; s� Iroise. Idaho 83702 — 209 336 6700 nepreaennng Pioneer National Title Insurance t5 w',..�... Mn.�..n .ri7.ry..�..r�..�..�y.�..ry..n..�-.�..�..r� . _ ..�..._ry •r: vt: .,�..r•. :: •.. If .(1_i 1-( l.(l»l 1.11_. 1»I L(1_! 1-11_i i.i 1.( 1_� 1_f Lt 1-I 1_( i.l 1 1 1 _(+ t 1 1 S • 1 (S ! S (S_(P 1 0 0 BETWEEN: STEVEN ANDERSON and MARCIA ANDERSON, Husband and Wife, Optionors, and GLENN JOHNSON, married man, GEORGE A. LYDA, a married man, JOHN C.,GUNDERSEN, married man, and RICHARD J. H. JEWELL, a married man, Optionees This indenture is eptered into this S day of February, 1992, by and between STEVEN ANDERSON, and MARCIA ANDERSON, Husband and Wife, hereafter Optionors, and GLENN JOHNSON, GEORGE A. LYDA, JOHN C. GUNDERSEN and RICHARD J.H. JEWELL, hereinafter, Optionees. WHEREAS, optionors is the owner of certain real property located in Meridian, Ada County, Idaho, and commonly known as LOT 12, BLOCK 1 OF THE COUNTRY TERRACE SUBDIVISION NUMBER 2, consisting of Six and one-half (6 1/2) Acres, more or less, and which property is more particularly described in Exhibit A which is appended hereto and by this reference incorporated herein as if fully set forth; AND WHEREAS, Optionors is desirous of giving, and Optionees are desirous of obtaining, the right to acquire said real property in fee simple absolute, in the event Optionees elect to purchase said real property; 1. Grant of Option NOW, THEREFORE, for the sum and amount of $1,000.00 and other good and valuable consideration the receipt, PURCHASE OPTION CONTRACT - 1 sufficiency and adequacy of which is acknowledged by Optionor's signature hereafter affixed, Optionors hereby grants to Optionees the absolute, sole and exclusive right to purchase said real property, in fee simple absolute, but subject to existing covenants, restrictions, easements, and encumbrances, if any, and as may be described in Exhibits B and D hereto, for the sum and amount of $70,000.00, to be paid by Optionees to Optionors at the time and in the manner as provided, in Exhibit B which is appended hereto and by this reference is incorporated herein as if fully set forth. 2. Expiration Date This option shall expire at 11:59 p.m. on the 1st day of July, 1992. 3. Notice of Exercise This option is to be exercised by written notice given or delivered by the Optionees to Optionors at Optionors' address as hereinafter provided or such other address as shall, in writing, be designated by Optionors during the option term, and included with such notice, Optionees shall designate a proposed time and place of.closing. In no event shall closing be sooner than thirty (30)`'4ays from date of receipt of said notice, - and further, said time for closing shall, in no event, extend beyond the expiration of the term of this option as defined and describe in Paragraph 2 above. Additionally, in said notice, Optionees shall designate that the closing shall be conducted at a designated Title Company, or other authorized closing agent, the location (within Ada County,Idaho) and time of said closing. PURCHASE OPTION CONTRACT - 2 i 4. Performance Within fifteen (15) days of optionors' receipt of Optionee's "Notice of Exercise" as hereinbefore described, Optionors shall deliver to the Optionees, a preliminary report for the purpose of title insurance, written by a Company authorized, licensed, and capable of issuing a policy of title insurance upon the subject property, as hereinbefore and hereinafter described, and said policy shall be in the sum and amount of the Purchase price, as hereinbefore described. If, and in the event, such preliminary report shall not commit said title insurance company to insure title to the above described premises, without exception, save and except the standard exceptions of title insurance policies furnished by such title insurance company, and excepting the reservations in patents or deeds hereinbefore specified and the taxes and assessments, easements and rights of way hereinbefore specified, and standard exceptions of such title insurance company covering premises located in Ada County, Idaho, and excepting those underlying encumbrances, and/or obligations which Optionees has agreed.to assume, or the Optionors has agreed to discharge as part of clbsing, then the Optionees shall notify the Optionors, in writing, of the particulars wherein such preliminary report shall not commit the said title insurance company to insure such title, without exceptions, (save and except those as hereinbefore described), and the Optionors upon receiving such notification, shall diligently undertake, and within the period prior to closing, consummate such acts and proceedings as shall be requisite to cause the title insurance hereinbefore PURCHASE OPTION CONTRACT - 3 • specified to be issued, insuring said title to Optionees, as owner, subject to those exceptions, encumbrances, easements, and rights of way as hereinbefore described. If, upon delivery of the preliminary title report, as hereinbefore provided for, the Optionees shall not make objections, in writing, thereto within five (5) days after the delivery of said preliminary report to the Optionees, then Optionees shall be conclusively presumed to have accepted such preliminary title report for the purposes of the title insurance policy to be issued thereon, and to be made in conformity therewith. Optionors and Optionees understand and agree, that all taxes, and other assessments shall be pro -rated as of the closing with Optionors being responsible for the payment of any and all taxes and assessments against said property and incurred prior to the date of said closing, and Optionees being responsible for the payment of all assessments, taxes and other charges from the date of closing and thereafter. Further, Optionors and Optionees agree to equally divide the cost and expenses of the Title Insurance Policy, and any and all costs of closing, to include, but not limited to any escrow costs or fees, with each party being responsible for the payment of one- half (1/2) thereof at the time of closing. 5. Assignment This option is personal to Optionees and there shall exist no right, ability or power by Optionees to assign, transfer or convey any right created herewith, either voluntarily, involuntarily or by death to any person, creditor, PURCHASE OPTION CONTRACT - 4 0 • trustee, referee, personal representative, administrator, heir, devisee or grantee. Any assignment whether voluntary, involuntary or by death or operation of law, shall void, cancel and annul this option and agreement thereby releasing optionors from any and all obligations herein imposed. Optionors' rights and obligations as herein imposed shall inure to Optionors' assigns, transferees, heirs and representatives, and may and shall be binding upon said successors in interest' whether any such transfer is voluntary, involuntary or by operat4on of death or by operation of law. 6. Enforcement In the event either party need to resort to litigation to enforce the terms and provisions of this agreement, the prevailing party shall be entitled to costs, expenses and attorney's fees necessarily incurred. The parties acknowledge, understand and agree that time is of the essence in this agreement and further, acknowledge that the unique quality of the rights herein conferred shall, and necessarily may require an order for specific performance as well as declaratory and/or injunctive relief to which both parties consent. 7. Failure to xetcise Ontion If Optionees does not exercise this option as herein provided, all sums paid by Optionees shall be retained by the Optionors, free of all claims of Optionees, and the parties shall have no further rights or claims against each other arising from this agreement. 8. Default Time is of the essence of this contract, and if either party shall fail or refuse to promptly perform at the times and in the manner as hereinbefore and hereinafter provided, the PURCHASE OPTION CONTRACT - 5 parties shall have those remedies herein provided or as provided by law and/or equity under the laws of the State of Idaho. 9. Givina of Notices Service of any notice permitted or required under the terms of this option shall be deemed complete upon the delivery of the same in the United State mail by the Optionees, by certified or registered mail, addressed to the Optionors or, by Optionors addressed to the Optionees at their respective addresses as reflected hereinafter in Exhibit C which is attached hereto and by this reference incorporated herein as if fully set forth, or such other address as either shall hereafter in writing to the other designate, or by causing said notice to be served personally upon the Optionees, or on the Optionors, as the case may be. In the event there be more than one person constituting the Optionees or the optionors, service by mail or personal service as provided above, upon any one person in such -- party, shall be good and sufficient service upon all persons constituting such party, the same as though such service had been made upon each and every member of such party. 10. Severability In the event any portion of this contract or part thereof shall be determined by any Court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby, it being understood that such remaining provision shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void, or PURCHASE OPTION CONTRACT - 6 0 i unenforceable provision or part thereof. 11. Entire Agreement This Option and Contract contains the entire agreement by and between the parties regarding the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, unless said understandings are attached hereto as Exhibit D, which by this reference is incorporated herein as if fully set forth. No supplemental, modification or amendment to this Contract shall be binding unless executed in writing by the parties hereto. 12. Recording This Option and Agreement WILL NOT be recorded by either party hereto, or by their agents or employees. 13. Gender and Number Whenever used in this Contract and Option, the singular number shall include the plural, the plural the singular, and the use of any gender shall include the other. OPTIONORS: PURCHASE OPTION CONTRACT - 7 OPTIONEES: 0 0 STATE OF IDAHO ) ss. ,COUNTY OF ADA ) On this day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared STEVEN ANDERSON and MARCIA ANDERSON husband and wife, known to me to be the persons whose names ,are subscribed to the within and foregoing instrument and exhibits thereto, and acknowledged to me that they executed same. IN WITNESS WHEREOF, official seal, the day written. STATE OF IDAHO ) ) COUNTY OF ADA ) S I have hereunto set my hand and of fixed my and year in this certificate as above Notary Publiiff R& Idaho - - Residing at: My Commission Expires: On this .67?4day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared GLENN JOHNSON known to me to be the persons whose names are subscribed to the within and foregoing instruments and exhibits thereto, and acknowledged to me that they executed same. - IN WITNESS WHEREOF, ; I have hereunto set my hand and affixed my official seal, the day and year in this certificate as above written. Notary Pub or Idaho Residing at: My Commission Expires.,'-. r PURCHASE OPTION CONTRACT - 8 STATE OF IDAHO j COUNTY OF ADA j On this qday of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared GEORGE A. LYDA known to me to be the persons whose names are subscribed to the within and foregoing instruments and exhibits thereto, and acknowledged to me that they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate as above written. Notary Publi or Idaho Residing at: My Commission Expires: STATE OF IDAHO ) COUNTY OF ADA ) On this S '=day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN C. GUNDERSEN known to me to be the persons whose names are subscribed - to the within and foregoing instruments and exhibits thereto, and acknowledged to me that they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate as above written. Notary PublicXqVr Idaho Residing at:l I - My Commission Expires:- -1,99 PURCHASE OPTION CONTRACT - 9 STATE OF IDAHO ) COUNTY OF ADA ) On this 5-n� day of February, 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD J. H. JEWELL known to me to be the persons whose names are subscribed to the within and foregoing instruments and exhibits thereto, and acknowledged to me that they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate as above written. Notary Publ;rcf for Idaho- - - Residing at: - My Commission Expires.* r l - PURCHASE OPTION CONTRACT - 10 • EXHIBIT A LEGAL DESCRIPTION OF OPTION PROPERTY Lot 12, Block 1 of Country Terrace Subdivision No. 2, according to the plat thereof, filed in Book 51 of Plats at •pages 4328 and 4329, records of Ada County, Idaho. Special Exceptions: Covenants, conditions, restrictions and easements a set forth on the face of the plat and as follows: "The streets, as shown on this Amended Plat of Country Terrace Subdivision, are hereby dedicated to the use of the public, and the easements indicated on said Amended Plat are not dedicated to the use of the public, but the right to use said easements is hereby reserved for public utilities and for any other use as designated hereon and no permanent structures are to be erected within the lines of said easements." NOTES: All lots are hereby designated as having a Permanant Public Utilities, Drainage, Irrigation, and Public right-of-way easement over the outer five (5) feet of each lot that is adjacent and parallel to any street that is dedicated to the use of the public. Side yard lot lines have a five (5) foot wide permanent drainage easement. - Building set -back in this subdivision shall conform to the applicable zoning regulations of Ada County and the City of Meridian. Calderwood Street and The Portion of Country Terrace Way falling within the boundary of the replatted area are hereby dedicated to the Public as public street right-of-way. Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of the resubdivision. The following dimensional Standards shall comply to all lots in this Subdivision: Minimum Lot Size: 8500 sq. ft. Minimum Street Frontage: 65 ft., Minimum Lot Depth: 80 ft., Minimum Front Yard Setback: 20 ft. Minimum Rear Yard Setback: 15 ft., Minimum Flanking Street Setback: 20 ft., Minimum Rear Yeard Setback: 15 ft., Minimum Side Yard Setback: 5 ft. per Story, Maximum Building Height: 35 ft., Maximum Lot Coverage: 35%. No building shall be constructed on Lot 12, Blcok 1, Prior to approval of The Ada County Highway District Pertaining to completion of improvements of Country Terrace Way lying Southeasterly of The Cul -de -Sac. No building shall be constructed on Lot 12, Block 1, prior to PURCHASE OPTION CONTRACT - 11 • approval of the City of Meridian, pertaining to installation of Sewer and Water lines in County Terrace Way lying Southeasterly of The Cul -de -Sac. Improvements referred to in Notes 7, 8, 8 above, if required due to construction on or development of Lot 12, Block 1, shall be the sole responsibility of the Owner of Lot 12, Block 1. PURCHASE OPTION CONTRACT - 12 OPTIONEES: i O EXHIBIT B PURCHASE PRICE, PAYMENTS, TERMS AND CONDITIONS That upon closing, the Optionees and Optionors covenant and agree as follows; That Optionees will pay the sum and amount of $20,000 cash down at the time of closing. Optionors to carry the balance of $50,000 on a Promissory Note secured by a Deed of Trust utilizing the subject property as collateral, payable in favor of optionors. Said Note and Deed of Trust to be placed in Escrow at First American Title Company and to carry interest at the rate of ten percent (10%) per annum. The sum of $50,000 representing the deferred balance of the purchase price and as evidenced by the Promissory Note and Deed of Trust shall be payable as follows: That the Optionees shall subdivide the property with an approved plat consisting of not fewer than 21 lots. That Optionors shall release from the Deed of Trust each of the lots in exchange for payment of the sum and amount of $3,000.00 paid by Optionees to Optionors at the time of requested release of said lot from the all encompassing Deed of Trust until balance has been paid in full. On payment of which Optionors shall execute partial reconveyance upon said lot which will permit Optionees to sell said lot and/or to develop or otherwise to encumber same free and clear of the encumbrance evidenced by the Deed of Trust. PURCHASE OPTION CONTRACT - 13 • 0 In no event shall the deferred balance of the purchase price extend beyond one year from the date of closing and shall be due and payable, in full with interest, upon that date. OPTIONORS: PURCHASE OPTION CONTRACT - 14 OPTIONEES: • EXHIBIT C is ADDRESSES OF CONTRACTUAL PARTIES For purposes of this Option and Contract, any notice required hereunder, shall be complete upon delivery, by the U.S. Mail Service to that party at the address appearing herein or at that address which shall from time to time be provided to the other party hereto. The parties shall notify the other of any alteration or change in the address hereafter occurring. In the case of the Optionors: Steve and Marcia Anderson 1713 S. Country Terrace Way Meridian, Idaho 83642 In the case of the Optionees: Glenn and Donna Johnson 2460 S. Maple Grove Boise, Idaho 83707 George A. and Laura M. Lyda 3712 Kipling Boise, Idaho 83706 John C. and Geraldine L. Gundersen 780 Whitecloud Boise, Idaho 83709 Richard J. H. and Virginia Jewell 1082 Arlington Dr. Eagle, Idaho 83616 PURCHASE OPTION CONTRACT - 15 d L OPTIONEES: f d), ..L,' op ,�7 PURCHASE OPTION CONTRACT — 16 EXHIBIT D SUPPLEMENTAL PROVISIONS AND CONDITIONS It_ is agreed and understood that during the period of this Option Agreement Optionees shall attempt to secure financing of the proposed subdivision and in addition thereto and within the time provided as indicated irk the Option Agreement. Optionees shall secure final plat approval from the County of Ada, if necessary, and City of Meridian, if necessary. Optionors and Optionees understand and agree that in the event Optionees are unable to secure final plat approval and/or financing prior to the date of the expiration of this Option, that Optionors are under no obligation to extend this option beyond the time and period as hereinbefore provided, and that the option price of $1,000 shall be forfeited with Optionees retaining no interest equitable, legal or otherwise in the subject property. Further, the parties covenant agree and stipulate that in the event that the option is exercised as per the terms and conditions of this option agreement that the $1,000 previously received by Optionors from Optionees as the option price shall be deducted, without interest allocation, from the $20,000, which is due and payable upon closing and said sum shall be credited against said amount. Further, the Optionors covenant and agree to cooperate in executing any instruments or documents necessary in order to enable PURCHASE OPTION CONTRACT - 17 Optionees to secure financing and/or to proceed with application for plat approval for subdividing of the subject property. However, in no event shall Optionors be liable for any costs, expenses or fees associated with, or affiliated with, Optionees application for financing, plat approval, licensing or any other incidental costs, expenses or fees affiliated and associated with Optionees efforts. Further, Optionees shall not create any lien or obligation against the subject property nor enter into any agreement with the City, County, State or any person or institution which may result in a lien upon the subject property or is irrevocable. PURCHASE OPTION CONTRACT - 18 OPTIONEES: a i J. LL T: - j 0 86227'04 um FOR VALUE RECEIVED, RICHARD L. CLAGHORN and MARGARET N. CLAG- BORN, husband and wife, an Grantors, do hereby grant, bargain, sell and husband and wife, a d(LE R. t4nldkgfj ifidGkA8 iH LSZtHCkER� TRUSTEES FOR THE LEE R. STUCKER AND FAS M. STUCI(ER ,RUST, R, TR ,; ES Grantee, whose current address is A S CXERJ U T �_ miserasho , the following described premises in Ada County, Idaho, to -wits All that certain real property particularly described as not. forth on Exhibit "A• attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD The said premises, with their appurten- ances, unto the said Grantee, its heirs and assigns, forever. And the said Grantors do hereby covenant to and with the said Grantee that the Grantors are thowner in fee simple of said premises, that said premises ar free from all encumbrances except those of record, and that Grantors will warrant and defend the same from all lawful claims whatsoever which do not appear of record as of the date hereof. THIS DEED IS FURTHER SUBJECT To the terms and conditions of an Estoppel Affidavit made and delivered by Grantors to the Grantee of even date with this Deed. DATED This_ Hy day of A�ILI __. 1986. CL MAR(:ARET M. CLAGHURN 401-�--_ XeA �- RIClARD L. CLAGHO STATE OF IDAHO) 7 ' •.a:.l 5181! OI I SS. county of N ^ �,: liu+ OFFICIAL SEAL GREEMM!'I A'4N NESTER aOUW PURL= - CALIi0G1o1A OUNCE coull" Y. OTs, "Or" lux XL 19" if ftaw►p;r ;rrdnlf its .�lr•: .... DEED On this the . f_ day of (7_. 19A.. before X me. the undersigned Notary Public, personally sopeared I-i'FS'P're-j- _ personally known to me improved to me on the basis of aalislaclory evidence I.- be the personfs) whose names) a 01! subscribed to the 1� withlr Instrument, and acknowledged ThalThrTexecuted Il. 'f WITNESS my hand and official seal. Nolary-8 Signature runpq.t nOrArr+ASi0C1Ar10N • flog r,.rv. ars • weemny wrr. CanfM'3!' t� a s .3 —01 �,�j•rs�tKt' , 'tI • Mr ; • t28IBM Ili fr,..;:r!''•„ Parcel of land the t aNI/4 KN 1/4 of Section 19, T. 7N,, A. lE Boise 1lsridiaa. Ade Cotml7i 2daho. Bort KO at the Kort Particularly described as follo+nt South 89•at the Northwest Corner of said SNI/4 NN 4, &,t 1/ , thea[. �.; N111/41 thence 1119.74 feet to the Northeast Corner of the SNI/4 South 0s46.50- ;fasts 49 194.feet= thence .s North 89059,13* Nest, 94.496 . of�Section 191 thence nest to the Section line of the Nest side North 0 X15' PONT OT i�ilOn8 the Section line s distance of Ia:,SO feet to the ►i ng EXCEPT ditch and road rlEhts of way, EXCEPPTING=O” Tl�• Parcel of Counland !n the SN} NN} of Section 19, T.3N, RAE, A,N,, Ma Y. Idaho, sore Particularly described as follows: BEGINNING at the NN Corner of the adore said SW! South 89.59.13" East aloe}; then.. ' 602.99 feet to 8 the North aide of said SW}vW}, South 0.55.00' N a Point; thence rune;,, a distance of Wes a distance of running, 144,50 feet to a point; thence � North 89.59.15' Nest a 89, of the W distance of 602,99 feet to a point on the Section North line of est side of the above said Section 19, East along the Section line a distance s thence the POINT OF BEGINNING, o. i44, EXCEPT ditch ani road rights of way. SC fee. co iris: 'F M Y u�. ^y •}r ` , £• . Ads Counter, Idaho. ss RrJusu of STE{YART TMV � TIME J'! • /) — M 1 I JOHN BASTIDA I *'r RECOROSR i Imu sw y GL i ! DEED, Exhibit "A" .4Y • i) Meridian, Idaho .Jan. 29, 1992 City of Meridian, Meridian, Id 83642 To whom it may concern; We are working with Steve Anderson and his Associates on a small parcel of property we own (approx. 3A) located in the SW14 NWJ Sec.19 T. 3N R. 1W. Property is located adjacent to 2020 S. Meridian ltd. on the south and adjacent to Meridiani Greens on the east. Legal attached. We are giving Steve Anderson authority to request annexation and zoning to the city of Meridian. Date 1 y.� �' Y Lee R. Stucker Date Z George . Cushing 'T AGREEMENT TO PURCHASE 2/4/92 Stevmn C, Anderson (buyer) agrees to purchase from Lee R. Stucker .and George A. Cushing '(sellers) %ppro>s i matel y 2.9 acres of property located at: 14 Legal Dmscription: n rar~cel of ll -and in the SW 1/4 NW 1/4 of section 19, T. '_'N. , R. 1F, poise Meridian, Ada County, Idaho, more particularly demr_ribP.d as follows: BEGINNING Gat the Northwest corner of said SW 1/4 Nw 1/4 r thence South X390 59' 15" East, 1119.74 feet to the Northeast corner of t hr? ,1.11 /4 NWI /4{ a thence South 0046'50" West, .0.4.49 feet; thence - Nol th a 9 e 59, 15" West, 1120.26 feet to the Section line of the WeSt si dh of section 19; thence North tl• ' Fast along the Section line a di stance of 194. rip., fr.-.et to the POINT Or' BEGINNING. EXcErT ditch and road rights of way. EXCEPTING THEREFROM-. The p-m-aml r. -)f .land in the SWI/4 NW1/4 of Section 19, T. N, R. IE, B.M., Ada County, ldraho more particularly described as f6llows.. r. EGINNlr�11:� at the NW corner of the above said 5W1/4 NWi/4; thence 0 South 890 59' 151 East along the North side of said SWI/4 NW1/41 n distance of 602.99 feet to a point; thence running South- 0" 55' 00" West a distance of 144.50 feet to a paint l thr?rice running, North 8910 'S9'' 15" West a distance of 602.99 feet to a point an the Section line of the West side of the above said Section 19; thence h-lorth 0° 55' 0011 East along the section line a distance of 144.50 feet to the POINT OF BEGINNING. EXCEPT ditch and road rights of way. PUP -chs c> price is :#7,S00 per acre or portions thereof. Actual land size (acreage) to be determined by survey at buyers expense. Price to be paid in full at closing. Cl os.i ng date to be within 30 days of final plat approval or July 7,17 1992 whichever comps first. Closing date will be extended if br.eyer has mads+ honest, reasonable and timely effort to obtain such approval but has not received said approval because of the delays of -the various governmental agencies involved. Regardless, the extension date shall not extend beyond 12-31-92. rluyer's offer im contingent as foflowssa Annexation to City of Meridian >Zoning for buyers were. .".Final plat approval. by City of Meridian -nbi 1 i ty to obtain city sower and water • ,.Ability to obtain satisfactory financing for project. Taxes .& water to be prorated to time of closing/possession. Seller to provide Title Insurance and clear title free of enc umbr- aria es /warranty deed. Closing costs to be divided equally by and between seller and buyer. Closing will be through First American Title in Boise, It zdnho. :yer /k— Stevan C. Andf:+rsun �eB/ell 1 ers Lee R. Stucker Fee M. Stucker George A. Cushing Lenora M. Cushing NOTARY G Y = � gyres '9V 3 z M ll OVERLAND ROAD `:•:%:::`:��;.:`� Sell2701J� 59t111011� ;�<•:. b- I pISe1100055 0 1 1 1 913811001" 1 U r< iltt s e Q 7 958»1 plseuootes 1 a 01581100125 21501100110 I ti a5e72210250 I ase?}I RAT ABY J I onyy��,lio p 0188 119 n `®' e& R159IMT80 r — E -- 81561100840R1581100150 _ -• - ;;5';;r,.. ;:I Z *3611}10180 1 - -- � o 8158110001081581100150 H N 91561 100115 I RI581100115I t � • p •*56111 .+ nc 122 I IM I t INSIM 1 IB1. / ,t'sdnco � n}1o3tio . � RISR158010100o no • *58,111018 asa c UN` `yep` \ e< 6° 03811210190 a`y"� �J-lopoop °`yy . pse7ttlo]oo I E. :•::. 5 �`y \ R]gtt)OJtO 83677170580 „e TERRA t� aft .,. • 10 0 t " •\ 813811,0080 Rif ' 0]67�t70 h 600 SUB. NO. r,. �rJ•.;..;;':•�J'.' :,L,,.. Q•, ewe 1 1 e ti 5r-j---tlor� 4ort4E�c 1101 uOILATMO �I� 1 3 , Z \ 069-45 1 3°E Z w UN PA_b,'rr EO e,otJN i�TT2R SLK �J� rho. [9Ropos+ED ANHe)(ATIot I G4L!>E2nIG►�D �JfR.E�T Rr(�r1t.pF-: P�EiNG� VSA?Ea7 , 589"�I I� � ��• : -•-• - � s � PARGEI.- No. 5�11°I233�5a _ I'RoPP`�ED ANWeXATICH O Z N%MHWEST DESIGN SERVIP DESIGNERS / PLANNERS / CONSULTANTS 1082 Arlington Eagle, Idaho 83616 208-93T-2_029 February 17, 1992 To: Ada County Highway District Re: Application for Vacation and Abandonment of Calderwood Street Right -of -Nay located in the south 60' of Lot 12, Block 1 of Country Terrace Subdivision No. 2 being in a portion of the NN4 of Section 19, T.3N, R.1E., B.M. Ada County, Idaho. Request is hereby made for the exchange of Calderwood Street Right -of - Way for the new proposed street right-of-ways as shown on the Prelimi- nary Plat of Creekside Manor Subdivision. The Calderwood Street right-of-way was originally provided at the time Country Terrace Subdivision was platted in 1977 and shown again when it was replatted as Country Terrace Subdivision No. 2 in 1982 with the anticipation that a street would eventually be provided to cross over Ten Mile Creek to Meridian Road. No roadway improvements or utilities have been constructed in the right-of-way to date. No access or egress has ever been provided, therefore the street comes from nowhere nor goes anywhere. It is approximately 480 feet feet in length and 60' wide. Since that time, the property has been sold and Lot 12 of Block 1 of Country Terrace Subdivision is being replatted with a street in another location as indicated on the attached preliminary plat of Creekside Manor Subdivision. A plat of the Country Terrace Subdivision No. 2 is also attached to show the area of the Calderwood Street right-of-way and the legal description. Please be advised that the properties on each side of the said right-of-way is being purchased and platted as one plat. The names, addresses, telephone numbers and signatures of the current owners of the properties on each side of said right-of-way are attached herewith. SUBDIVISIONS / COMMERCIAL. INDUSTRIAL. RESIDENTIAL PLANNED UNIT DEVELOPMENTS / ECONOMIC DESIGN EVALUATIONS IN WITNESS WHEREOF, We, the undersigned owners of the properties adjacent to the Calderwood Street right-of-way, have hereunto placed our hands. STATE OF IDAHO) COUNTY OF ADA) ss. On this day of , 1992 , before me the under- signed, a Notary Public in and for said State of Idaho, personally appeared P ' , and acknowledged to me that they executed the within instrument. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho ARTHWEST DESIGN SERVICE DESIGNERS / PLANNERS / CONSULTANTS 1082 Arlington-2EagLe, Idaho 83616 2 9029 TRANSMITTAL LETTER To: Administrator Planning & Zoning Meridian City Meridian, Idaho 83642 Re: Creekside Manor Subdivision Submittal for Preliminary Plat Date: February 14, 1992 Submitted herewith for your review and for the approval process are the following documents as required: Copies 30 30 4 1 1 1 1 30 1 If you have listed above, we may assist approvals. Description Application Preliminary Plat Conceptual Engineering Plans Restrictive Covenants Letter to ACHD for Calderwood Deeds for each property Purchase agreements Vicinity map (1"=300**) Vicinity map (1/2 mile radius) Str. R/W vacation any questions regarding the contents of the items please call me or Glenn Johnson at 344-9180 so that you in processing this project for Preliminary Plat Sincerely, Richard J. H. ewe Planner cc: Project files Liberty Homes of Idaho J.R. West, Inc. SUBDIVISIONS / COMMERCIAL INDUSTRIAL, RESIDENTIAL PLANNED UNIT DEVELOPMENTS / ECONOMIC DESIGN EVALUATIONS RTHWEST DESIGN SERVICE DESIGNERS / PLANNERS / CONSULTANTS 1082 Arlington # Eagle, Idaho 83616 208-939-2029 TRANSMITTAL LETTER To: Administrator Planning & Zoning Meridian City Meridian, Idaho 83642 Re: Creekside Manor Subdivision Submittal for Annexation and Zoning Date: February 14, 1992 Submitted herewith for your review and for the approval process are the following documents as required: Copies Description 1 Application 1 Notarized request for Zoning Amendment 1 Legal description of property for annexation 1 Deeds for each property 1 Purchase agreements 1 List of property owners within 300 feet 1 Property map for annexation 30 Vicinity map (1"=300,') If you have any questions regarding the contents of the items listed above, please call me or Glenn Johnson at 344-9180 so that we may assist you in processing this project for annexation. Y. i and J . H Kwe • Planner cc: Project files Liberty Homes of Idaho J.R. West, Inc. SUBDIVISIONS / COMMERCIAL, INDUSTRIAL, RESIDENTIAL. PLANNED UNIT DEVELOPMENTS / ECONOMIC DESIGN EVALUATIONS U A H W M nY) P4 O NI N C) OIN r -I Ln N W A N rn .-I O w 0 O m 1-1C", N LaHSN 0 a ! 0 - CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise _ Rezone # Eagle Conditional Use # Meridian Preliminary/Final/Short Plat Kuna 77 61""'ec;1 E �y '02 sr/(d/r/iS, onl ACZ 1. _ We have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. Weapprove this proposal for: Centr sewage Interim sewage Individual sewage _ Community sewage system and Gtral water Individual water _ Commummi.ty water well. 8. Plans for CIC ntral sewage Community sewage system Sewage dry lines, and 4`6entral water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. --"" Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. — We will require plans be submitted for a plan review for any (food establishment) (beverage establishmnent)(swhwdng pools or spas)(grocery store). 13. �O�t 9'Z Reviewed by Date ►�C t"+ n bOd H C] 3 O H 0 d CD C+] 3 H d rr��� y�y 0 HA ►ti � CrJ H C N 0 d z L H O z N ED ED OD kD I-' H 110 •• LTJ R'� F'i O F 3 I r� O NEn O Hb iii •. N Ul N En N FC aO .00 �J ro O y G1 y� m�� Q� ;00h�j (/� �jy Vj to l0 H Cl) In ®Gi � N H � •• R'� N H .. z ro w y .. U.) C ►-1 n M� y IIIII CL m E II �0 m a m z� y C O �. n a m H c c0+ � m C+ a a m J O O O7 C (D G" J 0) J "S r. n J � J (p O O O 'S c+ c+ N -S LL O w i' o W --i coo M c+ M a m a c e0+ g :° om Q o m v'o � `" m -s D' N r C \ � a 0 ®o kA O --+e 1 m w cc IIIII ftj II �0 d z� y C O �. H m co tv ''o �W ■ V w U) M8 06 I� !.A r N 4 � 3 o z z w tv 0 1 1 I I I ► �tzj �����o O r r n bd "H r M03UJ H � HC1 H CA � • dCHI Z IZ �►°9 Gr iOi O L-1 d 2 M 70 Z 3 r d y H 3 U1 H O H �b7 H 4 b Rs • y O ZPg t1] R, d C H y .. � b r 0 H y O H 3 H y H O O ►c K � e � v � N H v x O y n 3 4 3 3 O 3 r CA fn rr t� O 4 4 z Z x Fj C � co Ff H •• Nuc, N roo � O N .. rn ° z z H H rn Cl o cn CCD G CD cn CD CD H r w co z CD CD CL CA U) 0 CD 3 N• 0 H m CD P. cn P. N N kD �o N 1 H a z O d tv 6Hj H 8 fC N H y Hd 00 r 1-3 'L° d z H b CHS y .. • R, H H IryH rLM o cn CCD G CD cn CD CD H r w co z CD CD CL CA U) 0 CD 3 N• 0 H m CD P. cn P. N N kD �o N 1 H a z O NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 14, 1992, for the purpose of reviewing and considering the Application of GLENN L. JOHNSON (LIBERTY HOMES OF IDAHO) for annexation and zoning of approximately 9.53 acres in two adjacent properties 1) Lot 12, Blk 1 of Country Terrace Subdivision No. 2 and 2) Parcel No. S1119233650 as recorded at the Ada County Assessors Office, Ada County, Idaho and all being in the NW 1/4 of Section 19, UN, RIE, B.M., Ada County, Idaho, and generally located South of Overland Road road adjacent to Country Terrace Subdivision and Meridian Greens. That the Application requests annexation with zoning of R-4. Further, Applicant requests a Preliminary Plat of a portion of the NW 1/4 of Section 19, T3N., R1E., B.M., Ada County, Idaho; for a 30 residential single family building lot subdivision for Creekside Manor Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED th i scq�r-a- day of a.rck , 1991. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 o Q O H O H IC r (•� N [� H C C Cd 3 0 LM 1 CJ d Cil tG� E,•ro H wo H w L46) 03 H pn t Id r+ I m a p F4 .w r• 23 — w P J' r - n R� rzr((DD 10 1— 1— d w o �C m d m w mO ~ F3 (D F -H " F– m M �3 n w G rt a F1 r• n ri m F'- t3 r F • O (M m Fh ri (Drtan" -(D (D W r• m rt r• m W rt `� oa n w H. H U F' •aw w w H. w d w w A. OQ �3 Fl rt H. oo H. 03 rt N" d n rt w 0 m w G 1d 0 ami m tzj t-- " h -rt C U3 14 F ­ cn rt cn E G rt t � rt w r• D3 rt (n bd r• W rt rt a' V r• ri ".3 F- a' (D m rt 4) �3 H (D Cn " CCA CL Oq PL L' F`• (D rt `03 C Z art' o E �• m rt m a p• r O rt O Q• N � H. m m H- 10 O rt (n c1 rt a w a m m 0 w 0 JZ,r m o w rt p �i n oD m o E Ul (D P. w L46) 03 H pn ���NT OF �,y • • oPP`` 2m United States Department of the Interior A ' BUREAU OF RECLAMATION qRc sA� CENTRAL SNAKE PROJECTS OFFICE H 3 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN REPLY REFER TO: 320 March 18, 1992 1 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Creekside Manor Subdivision Preliminary Plat (Zoning Review) Dear Meridian Planning & Zoning: The Ten Mile Drain was constructed and is maintained (along with hundreds of other canals in the Boise Valley) under authority of the Act of August 30, 1890. That act reserved in the patent for lands that left the public domain after that date, ... a right-of-way thereon for ditches or canals constructed by the autho- rity of the United States. (26 Stat. 391; 43 U.S.C. 945)." This right-of-way has precedence over later established rights of use. This subdivision's storm water will run off into Reclamation's Ten Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District. All storm water discharges to these drains require a permit from Reclamation. We request conditions of this subdivision's approval be: 1. An amended labeling of the drain easement line to show a, "United States Exclusive Ten Mile Drain Right of Way." 2. The proponent securing a storm water discharge permit from the Bureau of Reclamation. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, errold D. Gr Project Superintendent cc: Nampa Meridian Irrigation District Pat Dobie, ACHD ry. V OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer 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 GRANT P. KINGSFORD Mayor TO: MAYOR, COUNCIL, PLANNI G & ZONING FROM: Gary D. Smith, PE , RE: CREEKSIDE MANOR SUBDIVISION Annexation, Zoning, Preliminary Plat I have reviewed this submittal and have the following comments and questions for your consideration as conditions of the applicant during the hearing process: 1. This project is not totally contained within the existing boundaries of our Urban Service Planning area. COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON April 11, 1992 2. The property is adjacent to existing city limit boundary and the legal description provided does reflect the bound- ary of the preliminary plat. 3. The applicant is in the process of exchanging/vacating some of the previously platted right of ways in Country Terrace No.2 subdivision„ with the ACRD. 4. How will access be provided to the existing well lot of,the Country Terrace Subd.? 5. Street storm drainage discharge to Ten Mile Drain shall be approved by Nampa/Meridian Irrig. Dist. and the US Bureau of Reclamation. Who will maintain drainage facilities out- side the street right of way? This should not be a respon- sibility of the homeowners. 6. What is the status of the 50 foot wide strip between Ten Mile Drain and Meridian Road? We have talked before about an access from Meridian Greens Subd. to Meridian Road and I wonder if somehow this could be started at this time. 7. Sanitary sewer lines shall be located on street centerline or south and west thereof. Water lines shall be located 12 feet east and north of centerline. Sewer and water plans shall be prepared by a Professional Engineer licensed to practice in the State of Idaho. 8. All drainage/irrigation ditches crossing the property shall be piped with pipe sized to convey the water. The plan shall be approved by the water lateral users or the irrigation district. Clean -outs, accessible by man, shall be installed at a maximum 400 foot spacing and bar grated entrance structures shall be built. CREEKSIDE MANOR SUBDIVISION Page 2 9. All sewer line construction along and across Ten Mile Drain shall be approved by Nampa & Meridian Irrig. Dist. and the US Bureau of Reclamation and a license agreement to be there shall be obtained from them. 10. Lot sizes and frontages appear to meet the ordinance requirements. 11. The,culdesac radius of Creekside Way should be 50 feet for the right of way and 45 feet to the back of curb. 12. At a minimum a temporary culdesac needs to be constructed at the southerly end of Creekside Way. 13. The preliminary plans for the sewer and water system are being reviewed and will be returned to the applicant with my comments. MERIDIAN PLANNING & ZONING APRIL 14, 1992 PAGE 13 Chairman Johnson: I don't have the answer to that sir. I assume it's the people that own the well. Atty. Crookston: The responsibility for the well is who ever owns the well. That's why the Department of Water Resources has implicated a permit process for drilling a well. Fors: Where's that responsibility laying? Is it Mr. Johnson, or is it mine, or is it, what happens -here? And your saying your going to blame it onto — Chairman Johnson: We didn't say we were blaming it on anybody. We are just saying we don't have any control over that you see. Fors: You can take control. Chairman Johnson: How do we do that sir? Fors: Stand up. Chairman Johnson: Thank you. Anybody else? Donna Aldrich, 265 Waltman Lane, was sworn by the attorney. Aldrich: Wants Waltman Lane was left as is. Chairman Johnson: I now close the public hearing. Thank you for your testimony we appreciate it and it will be passed on to the Council. The Motion was made by Hepper and seconded by Alidjani to have the Findings of Fact and Conclusions of Law prepared and to table the preliminary plat, I think we also need to have a stipulation in the Findings of Fact on the R-4 zone that the minimum square footage of the houses be 1300 square feet. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: REDUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT, CREEKSIDE MANOR: Chairman Johnson: A portion of this application lays outside the Urban Service Planning Area which means that we can't take any action on it tonight but we can except public testimony. I will open the public hearing, is there someone from the applicant who would now like to address the commission. MERIDIAN PLANNING & ZONING APRIL 14, 1992 PAGE 14 Richard Jewell, 1082 Arlington, Eagle, was sworn by the attorney. Jewell: We have been in communication with the City Engineer and the Clerk regarding this issue on the Planning Area. The original property or the main piece of property my understanding is that it is in the Planning Area. There's a second piece of property that we are including in the subdivision, which I understand is not. There are 30 lots, the lots will range from 8000 to 11000 square feet. We are asking for an R-4 zone. The property on the west side borders Ten Mile Creek, we have been in communication with both the irrigation district and with the people who are in control of the waters there. Most of the items on the list have been discussed with their respecting agencies. Alidjani: Which list are you referring to? Jewell: The list from the City on the comments. The wet land issues I understand have been discussed with some of the adjoining property owners. The main reason the wet lands are even there right now is because of the drainage that comes down from the subdivision in Country Terrace. There is very minimal wet lands in the portion that we are subdividing. Sewer and water service will be provided up to Country Terrace, whether they would like to connect to it or not. Traffic concerns have been addressed by us in respect that there be a second access, not all the traffic will go through Country Terrace. Is there any particular portion of the items on the list prepared by the City that you'd like to discuss. Hepper: What was the setbacks on the frontages? Jewell: It's required to have 20 and in many of the cases there's probably 25. Hepper: Okay but the restrictive covenants are 20? Jewell: I believe so, I don't remember. Hepper: Lot 15 down there with a 20 foot frontage and a 15 foot minimum is that lot buildable? Jewell: Yes you have about 100 feet between lot 14 and the east boundary of the subdivision. Hepper: What's the minimum square footage of the houses? Jewell: We have 1800 sq. feet now, that.would be the minimum. We are envisioning probably 2000+ for the majority of them. 0 MERIDIAN PLANNING & ZONING APRIL 14, 1992 PAGE 16 .7 Also concerned as to what is going to happen to the condition of our road during construction with all the heavy traffic. Who is going to pay to repair it. The developer has made an offer to build an access road in the future from the Meridian Kuna Highway after the lots are sold and money is available in exchange for the Highway Department vacating Calderwood Street. Yet the plat he is submitting doesn't show this road as part of the subdivision. Received a bid od $150,000 to bridge Ten Mile creek and to build this road to the Kuna Highway to Highway District standards. This $150,000 is going to add $5,000 per lot over and above the normal development costs. .We think it's doubtful that market conditions are going to make this feasible, leaving no funds available to construct this road. If we are wrong and the developer is right about being able to finance this road out of the sale of lots, then let him front the money now to build that road as both an access road for construction and as the primary access to the subdivision. We are therefore suggesting as an alternate to his proposal that approval of the project be predicated on the developer first building a gravel road from the Meridian Kuna Highway to the project as part of the project and then having him also provide a 100% bond to pave the road and to put in the curbs, gutters and sidewalks upon completion of selling one half of the lots all to Highway District Standards and from the funds generated from the sale of these lots. Hepper: Do you know whether the developer owns the ground to the west? Gage: The land is available. Chairman Johnson: Thank you. Anyone else to testify? Craig Shoemaker, 1901 Country Terrace, was sworn by the attorney. Shoemaker: As President of the Homeowners Association I am here to voice a few of our concerns. One of our main concerns is property value, water situation, and road impact with lot drainage problems. (Further — see tape) Hepper: How many houses are in Country Terrace Subdivision? Shoemaker: Twenty—eight. Crookston: You have dry line sewers in Country Terrace, how about the water? Shoemaker: I would guess that maybe it is.there. t U MERIDIAN PLANNING & ZONING APRIL 14, 1992 PAGE 18 Pat Thacker, lbs E. Overland Rd., was sworn by the attorney. Thacker: I own the property north of this proposed subdivision. I have some high ground, I have some low ground and then I also share, my property line with five people in Country Terrace. I dug a test hole to see where all the water on the lower part of my property was coming from and that water is groundwater, it subs up, it's about three feet down. It's definitely a wetlands. There is a tremendous amount of duck and geese that live there. The Irrigation District, Nampa Meridian Irrigation District tried to take out all the trees on that ditch, cut them all down, they wanted to put a road on either side and spray it. That also violates 404C, which is a Federal Clean Water Act and the wetlands is also a Federal mandate that they not be destroyed. (Further explanation - see tape) Chairman Johnson: Anyone else to testify? Susan Baker -Than, 1889 Country Terrace Way, was sworn by the attorney. Than: We need some assurances for our comfort about the Covenants, the size of those homes, and access. The majority of us do wish to remain on our own water and sewer system. Chairman Johnson: Thank you. Anyone else? Ralph Lobato, 1712 Country Terrace, was sworn by the attorney. Lobato: I do agree that the access road to Meridian -Kung Highway be put in first before construction starts. I do differ in opinion on the sewer. I'd like to see at least a connection if we are not individually connected to the city sewer. Chairman Johnson: Thank you. Anyone else? Addy Houston, 1771 Country Terrace, was sworn by the attorney. Houston: In reviewing my title insurance there seems to be a discrepancy on property lines on two or three of the homes that adjoins this property and until this is cleared up I would think that something should be held'up. Chairman Johnson: Thank you. Anyone else? Sid Harmon, 1635 Country Terrace Way, was sworn by the attorney. MERIDIAN PLANNING & ZONING APRIL 14, 1992 PAGE 20 Jewell: The exchange was in regard to right of ways within the property and ACHD has asked us to resubmit a letter, they prefer that we just go in a vacate it rather than go over it with exchanges. The only other thing was the wetland areas. The wet areas have never been identified or dedicated as wetlands. The well lot and the property north of that are in fact lower than our development, everything drains that way. Our intentions are to intercept it and to drain it off into Ten Mile before it gets to that property. Actually what we will be doing is improving the well lot for Country Terrace Subdivision. Gage: In his original testimony I believe he touched on building this road we are concerned about, yet he just stated that he couldn't possibly afford to build a bridge across Ten Mile Creek, my question is who are we kidding. You don't build a bridge across Ten Mile Creek you can't get access to the subdivision. Jewell: There is suggestion that we implied there would be a road from our development to Meridian Road, this has never been. Chairman Johnson: Thank you. Anyone else? Larry Bertetto, 665 Antigua, was sworn by the attorney. Bertetto: The question I'd like to ask is this subdivision going to connect to 3rd Way in Meridian Greens? Chairman Johnson: I think the Meridian Greens #2 I think they designate that area south. The extension of 3rd Street would be where the road would connect but on this plat it doesn't show 3rd Street going down that far south. Hepper: Would there be a problem with emergency vehicles having only one access. Alidjani: Yes you do. Jewell: The extension to the future Meridian Greens was my original concept because that was the way that they were going to develop that in the future. I approached the owners engineers on it and presented them my conceptual design and asked them if they could foresee any problem at- the time, naturally they couldn't comment on it but I left word for them to let me know if there were. The owner of the property should have had access for this information. If there is no lot, that is correct we do not have legal access.