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HomeMy WebLinkAboutEnglewood Creek Subdivision AZ PP• APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION - FILING INFORMATION I. GENERAL INFORMATION Englewood Creek Estates (PROPOSED NAME OF SUBDIVISION) A portion of Govmnt Lot 1, Sec, 3, T3N, R1W, BM, Ada County (GENERAL LOCATION) See Attached (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Rewabhai K. Patel / Partner 322-1850 (OWNER(S) OF RECORD) (NAI~1E) (TELEPHONE N0.} 8589 W. Brookview Boise, Idaho 83704 (ADDRESS} Glenn L. Johnson / ''`_ ~ 377-8263 (APPLICANT) (NAME) (TELEPHONE N0.} P.0. Box 6525 Boise, Idaho 83707 (ADDRESS) _,~ Richard J.H. Jewell (Planner) 939-2029 (ENGINEER, SURVEYOR OR PLANNER) (NAME} (TELEPHONE N0.) 1082 Arlington Eagle, Idaho 83616 (ADDRESS) Meridian City (JURISDICTION(S) REQUIRING APPROVAL) Single Family Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) ` 29.8 +/- ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) ~. NOTARIZED REQUEST FOR ZONING AMBNDMENT RE: ENGLEWOOD CREEK ESTATES • REQUEST. IS HEREBY MADE to the City of Meridian for Annexation and a Zoning Amendment of a .parcel of land located in the County of Ada and ad3acent to the boundary limits of the City of Meridian situated in a portion of Government Lot 1, Section 3, T3N, RiW, B.M., Ada County, Idaho; WHEREAS THE PROPERTY is identified as Parcel No. 1203110300 as recorded at the Ada County Assessors Office, Ada County, Idaho and is owned by Rewabhai K. Patel residing at .8589 W. Brookview, Boise, Idaho 83704; WHEREAS THE OWNER of the property has acknowledged to the Englewood Creek Partnership, in a separate agreement as being a 3oint partner in the development of said property, giving expressed authorization to the Partnership to execute all things necessary for the development of said property; WHEREAS AUTHORIZED SIGNEES for the Englewood Creek Partnership, identified as the undersigned, have herein set their hands: / ' Glenn L. John on, artner is and J.H J 1, Partner STATE OF IDAHO ) COUNTY OF ADA )SS On,this~~day of April, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared Glenn L. Johnson and Richard. J.H. Jewell, 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 year in this certificate as above written. +N I~D~JI+,,I,~~~e. ~''' ~?l1; i '~~. :.~ ~ ~` .~ . ~~ d,~) a . r, / ~, - ,~ ~ +, .. . Nota Public for Idaho Resi ng at: My commission E Tres: • NORTHWEST DESIGN SERVICE DESIGNERS / PLANNERS / CONSULTANTS 1082 Arlington Eagle, Idaho 83616 208-939-2029 APPLICATION STATEMENT 1.0 PRESENT LAND DSE The present land use is irrigated agricultural and has generally been farmed since the property was originally cultivated. An existing farm house, garage and out-buildings are located on the property which are accessed from Ustick Road. 2.0 PROPOSED LAND USE The proposed land use is for single-family residential development lots. The existing farm house and garage will remain on a separate lot. 3.0 PRESENT DISTRICT The property is currently zoned by Ada County as RT for Rural Transitional. 4.0 PROPOSED DISTRICT The proposed zone is R-4 for 4 units per acre. 5.0 CHARACTERISTICS WHICH MARE ZONING AMENDMENT DESIRABLE The property is directly adjacent to 2 lots designated as Ada County R-1 for single-family residence and across North Ten Mile Road from Candlelight Subdivision which is in the Meridian City Limits. Meridian City sewer and water are available at the property. 6.0 ZONING AMENDMENT IN HARMONY WITH ADJACENT DEVELOPMENTS The lot sizes, home sizes and price ranges are proposed to be about market average but slightly up-scaled from the ad3acent development. The developers would hope that Meridian City will require future developments in the area to be of equivalent or higher standards. 7.0 ZONING AMENDMENT RELATED TO THE MERIDIAN COMPREHENSIVE PLAN The Meridian Comprehensive Plan includes annexation of out-lying perimeter areas. The property is already included into the Urban Services Planning Area. R-4 Zoning for this property conforms with the Meridian Comprehensive Plan. • ENGLEWOOD CREEK BSTATSS ANNEXATION LEGAL DESCRIPTION Annexation request includes Parcel No. 51203110300 as recorded at tr~ih Ac1:~ C;e_olirit~y A66a166~.~Y6 ~j~~iOU~ ~~d ~~~~~Ii~y~ ~~d~ir~ t~eiriB a portion of Government Lot 1 ENE 1/4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NE corner of Section 3, T3N, R1W, B.M.; thence N 89 07'00"W, a distance of 255.75 feet along the North section line of said Section 3, also being the centerline of Ustick Road, to a point; thence S 0 24'15"W, a distance of 25 feet to a point on the southerly right-of-way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0 24'15"W, a distance of 255.9? feet to a point; thence S 47 56'15"W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence- S 33 00'45"E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55 00'09"E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89 36"45"E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of - way line of North Ten Mile Road; thence S 0 23'58"W, a distance of 37.18 feet to a point on said westerly right-of-way line of North Ten Mile Road; thence N 88 52'20"W, a distance of 1295.09 feet to a point being the center point of the NW 1/4 of said Section 3; thence N 0 23'51"E, a distance of 1316.55 feet to a point on the southerly right-of-way of Ustick Road; thence S 89 07'00"E, a distance of 1064.43 feet to a point along said southerly right-of-way-line of Ustick Road to the REAL POINT OF BEGINNING. Basis of Bearing is S 89 07'00"E, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. The above described property was calculated based on the Ada County coordinate system and may vary based on an actual field survey. The above described property contains an area of 29.8 acres more or less and is sub3ect to all public rights -of-ways and easements that are within the property boundaries. .:, - . ' fiE~lUEST FGR SUBDIVISIOhI APPfiCIVAL PRELIMINARY PLAT AHD/OR FINAL PLAT. PLANNING AND ZONING COMMISSION TIME TABLE FOR 5UBMISSION: A request . f or preliminary plat approval must be in tr,e city Clerks possession no later than three days Following the -regular meeting oY trie Planning and Zoning Commission. The Planning ar,d Zoning Commission will hear the request at the mor,tr,ly meeting following the month tree -request was made.- - After a proposal enters tree process it may be acted upon at subsequent monthly meetings provided- the necessary procedures and documentation, are received before 5:D0 P. M., Thursday f ollowing the Planning and Zoning Commission, action,. GENERAL INFORMATION 1. Name. of Anne cation and Subdivision, ENGLEWOOD CREEK ESTATES 2. General Location, Aportion of Gvmt. Lot 1, Sec.3, T3N, R1W, B.M. a oun y, a o 3. Owners of record, Rewabhai K. Patel / Partner Address, 8589 W. Brookview,BoiseZip83704Telepnone 322-1850 Englewood Creek Partnership p0 Box 6525 Boise 83707 4. plicant, Glenn L _ :]ohnson Address, ~1 anner s. ~#~r. Richard J.H. Jewell Firm Northwest Design Service Address 1082 Arlington, Eagle .Zip83616 Telephone 939-20.29 6. Name and address to receive City billings: Name Glenn Johnson, Partner Address Box 6525,Boise 83707Telephone 37.7-8263 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 29..8 1. Number of lots 92 G. Lots per acre 3.1 4. 5. Density Zoning per acre 3.1 Classification (s ) R -4 ,,, t ~ ~ • ', 6. If the..propased subdivision is outside tree Meridian City Limits but within the jurisdictiq~al,~n 1 who is the existing Zoning classification KT lHdla eC'OUnty~ 7. Does the plat border a potential green belt Nine Mile Creek No &. Have recreational easements been provided for 9. Are there proposed recreational amenities to the City N0 Explain 1®. Are there proposed dedications of common areas? NO Explain For future parks? Explain 11. What schoalts) service the area Meridian DiStriCt~ do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Water Supply -Fire Department ~ Uther _ , Explain 13. Type of BuildingRes~~en'~ia'~"al, Commercial, Industrial or combination) 14. Type of Dwellingts) Sin le Family. Duplexes, Multiplexes, other Single Family 15. Proposed Development features: a. Minimum square footage of lot t s) , 9600 b. Minimum square footage of structurets) 1800 c. Are garages provides for, square footage N A d. Are other. coverings provided for e. Landscaping rias been provided for Describe Required by Subdivision Covenants & Restrictions (2) 1 ~ _ • f. Trees will be provided for Trees will be maintained By Owners g. Sprinkler systems are provided for By Owners h. Are there multiple units NO Type remarks i. Are there special set back requirements N0 Explain j. Has off street parking been provided for ,Explain Single Family residences • k. Value range of property 100,000 + 1. Type of financing for development Bank m. Protective covenants were submitted Yes ,Date Attached 16. Does the proposal land lock other property n0° . 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 Or•dinar,ce. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. ~'. Proposed use is in conformance with the-City of Meridian Comprehensive Plan. 3. Development will connect to City services. ~. Development will comply with City O-r•dir,ar,ces. 5. P•relirnir,ary Plat will include all appropriate easements. S. Street names must r,ot conflict with City grid system. (3) ~/tC~VI~'Y ~tAP -'~ ~~ `--- .~ { ' - 1" =-300_' - ~ -- .__ E~ c ~ p i L1C .~ u ~5 T ~ G ~ *_ T ENG-rLEWooo cReE1c~( ESTATES r~ ~~IexaTloN RT RT 3 ~ 35 - ~_ - - __ _ Z . ~.-z; • ME~lC~~AN CITY L 1M ITS_.- ~ : a w aMttrexu~ sT ~ p E~- a , , b ~ t , ~ r • 'a ~ b 6 M ~'J s ~ _ ~ 6 Y • +' L i ^~ M.' RINENMYAbT bL .~ . ., . la 2 ~ W. MI(i1(iE CT ' is O ~i w s RK~~ ~~ :dal s s ,~ ,~~ ~ W ~~ !'1,~L~S ~ REAY . t- ~. • ~ ~UB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNE S.FORREY,AICP,CItyClerk CITY OF MERIDIAN JANICE LASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFr, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief , BILL GORDON, Police Chief Phone (208) 888-4433 GARY SMITH, P.E., City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. t.ORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: TRANSMITTAL DATE : ~(AY12 ~.~; ~~q ~ REQUEST: J ~• HEARING. ,DATE.: °'sc.~Ltr1@ ~a IRQ~ t _ 1 ~ '"I~__t< ~I _ ~ BY : ~~d ~ l..aYkQIL }~QCtl~l~~f~4 LOCATION OF PROPERTY, flR 'PROJECT": JIM JOHNSON, P1Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFDRD, MAYOR RONALD TOLSMA, CIC BDB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT GARY SMITH, P.E. ENGINEER _ n• t . MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION EEIifTRAL DISTRICT HEALTH _ .....: NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. S. WEST (PREL. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: APR-23-^33 FR I 1 ~03 COLIIWELL ~AN~ ASPEN RE P 0~ BUYER {S) ~' IN'AL CLOSING STATEMENT - - - - - - - - - - r - - - - ~ r i. - - r r r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ° - - - - - - - r - r - - - - - - - - - - - - - ~L~repared by ' Stewart Title of Idaho 8385 Emerald Street Boise, Ydaho 83704 ~~ (208) 378-1666 Buyer(s)......: REWABHAI K. PATEL Seller(s).....: ROBERT V. ENGLE, CLAUDINA M. ENGLE Lender........: Property......: 359a ~1. USTZCK ROAD MERIDIAN, IDAHO $3642 Closing date..: 03/19/1993 Proration date.: 03/19/1993 File Number...: 92032840 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - w r r r - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . - - ' bEBYT CREDIT - - - - - - ° - - - - - - - - - - - - * - w - ~ - ~ ~ ~ SALES PRICE ...................................... 330,000.00 pRORATIONS: County Tars.......... .. . .....................:... from 01/01/93 to 03/19/93 f~ $ x..85595 per da~r Irrigation .................................... .. ~_= from. 01/01/93 to 03/19/93 ~ $ 1.85392 per day ESCROW CHARGES: Escrow Fee - 1/2 EACx ............................ PAYEE...: STET~TART TITLE Off' IDAHO, SNC. RECORDING FEES/TRANSFER CHARGES: Recording Fee Deed amount $2#.00 ................. PAYEE...: STEWART TITLE OF IDAHO, INC. MISCELLANEOUS CF~A,RGES ; Irrigation - SPRING 1993 ..... ................... PAYEE...: NAMPA MERIDIAN IRRIGATION .........................,..... ........SUBTOTALS: ...•.•••••• ...............BALANCE DUE FROM BUYPR: ..........................................TOTALS: 175.00 24.00 8.80 330,207.80 330,207,80 x.42.91 142.75 2$5.66 329,822.14 330,207.$0 WE APPROVE THE FOREGOYNG SETTLEMENT STATEMENT, IN ITS ENTxRETY, AUT~i012IZE PAYMENTS IN ACCORDANCE THEREWITH AND ACKNOWLEDGE RECEIPT OF A COPY THEREOF. DATED THIS DA.Y OF MARCE~ IN T~iE YEAR Z ggg ,n ~ . n-~~~l- - xsw STEWART TITLE Ok' IDA~iO, INC. BY ~ DATE : 3/19/93 ~ TRZNA NI ITANI, Escrow goer 9 A • ENGLEWOOD CREEK ESTATES A PARTNERSHIP FORMED IN THE .STATE OF IDAHO Partners Glenn L. Johnson Richard J.H. Jewell John Gundersen George A. Lyda Rewabhai K. Patel Karshan K. Patel Rick Thurber Parcent of ownership 14.375$ 14.375 14.3755 14.375 20.00$ 20.00$ 2.505 The above named hereby form a partnership for the specific purpose of purchasing and developing property known as 3595 W. Ustick Road, Meridian, Idaho, and any other projects as may be deemed acceptable by all partners herein above named. The partnership shall be known as Englewood Creek Partnership. The following points are agreed upon by all partners: 1. No salaries or draws will be taken by any of the partners. Compensation will be received out of profits which will be distributed on the same percentage as listed above. Excluded from this is repayment of Rewabhai k. Patel's and Karshan K. Patel's investment into the partnership as described below. 2. The partnership is hereby authorized to open a checking account at a bank of mutual choice in the name of Englewood Creek Partnership. Two signatures required on all checks. 3. Rewabhai k. Patel and Karshan K. Patel agree to purchase the subject property for the agreed upon purchase price of $330,000.00, as per the purchase agreement dated March 18, 1992 (#089699). Said purchase to be with cash, creating no liens against said property. Said $330,000.00 to accrue interest to the Patels' at 10$ beginning the day said funds are delivered to Stewart Title for closing. 4. The partners agree to diligently pursue developing said property into a single family subdivision. Patels' agree to deed the property for each phase to the partnership at the time the development loan for said phase records. 5. Income to the partnership to be paid first to the development lender on the predescribed percentage as set forth by said lender. Patels' are to receive 10~ of each lot payoff which will be applied to the accrued interest and principal of their investment. When the development loan is paid off, Patels' are to receive 90~& of the lot payoff proceeds, which will be applied to accrued interest and principal until-the balance of their ~t • investment is paid off. 6. The partnership agrees to pay all taxes and assessments on the property. 7. It is noted that Rick Thurber is an agent with Coldwell Banker Aspen Realty and will be marketing the project under separate contract dated March 23, 1992, and signed by partners Gundersen and Johnson. The partners agree to sign said contract. Agreed upon tt~is~ day of March, 1993 ~/ Tenn L. Jo son Jo~u'i Gundersen Rewab ai Pat 1 C Ric and J. H. J 1 eorge A. da Rick Thurber Karshan K. Patel APR-30-93 FRI 15 46 BTE POTOMAC FAX N0. 2083775861 P, 02/05 --,_ .. ~ a._--r-~-,~,~.~,. ~-~..~........ ..,~, `. w _ ,~ .~ '~'.. f '.., .. ~--ma`r` '~i 1 9 ., i - S ` , F~ Syr li i .• ~ 1 . I ~h` ~I . 1 -1-.~. _ ~ . ..__ ....... , ~~`R ~` ~- ,o ,~,~~ , --- + Y ~Q ~' I ~ ~~,' Lea r-a.~A '• F'eda N~C.A ~ ~ : 4 , ~ . l1s+4ck ' . ~ $ ~ ~• ~t2tY$~IQ.A 1~ Pit~ef "~a 3o95H Ten ~ ~ ~ ~~.' ~ ~•LL--, ~t{i • $rres/OyOO 3595 W, ~ ~17arcvl i `~,:~li:N~, ~~~ 1C.CJ ir1~.+_nd Viola I'ta. ~` ' ~0.(Yti ~tp~uq, rrq ~ e1 "ooab Sep f slab 0 7-e~eri l ;. ~ , `~,. ~~ ~ . ~M ~ccl lgd0 , Trus~Pes o~ Rru. lawan~ 1 /task ~ cJpr~~~ ~ ~ ~+ys N Try I~te ~ i .. ~ . • ~ a3 phr~l aaco, „ ~ ~ 1 ,, ~--~^-- ' ,, ~~^^yy a i~. ea _yy a =: .. a.aet.+..v :-aaaa~ • NORTHT~ISST DESIGN SSRVICS DESIGNERS / PLANNERS / CONSULTANTS 1082 Arlington Eagle, Idaho 83616 208-939-2029 TRANSMITTAL LETTLQ April 28, 1993 To: Administrator Planning & Zoning Meridian City Meridian, Idaho 83642 Re: Submittal of BNGLSUIOOD CRBER ESTATES for Preliminary Plat Submitted herewith for submittal of ENGLEWOOD CREEK ESTATES for the Preliminary Plat approval process are the following: Copies 30 30 30 1 1 1 1 $1220 If you have any listed above, may assist you Description Application Preliminary Plat Vicinity Map (1"=300') Vicinity Map (1/2 Mile Flood Plain Map Preliminary Restrictive Existing Sewer Plans Application Fee Radius) Covenants questions pertaining to the contents of the items please call me or Glenn Johnson at 890-4788 so we in processing this pro3ect for Preliminary Plat. Sin erely, ichard J. J 1 Planner cc. Pro3ect files Glenn L. Johnson Rewabahai R. Patel n • • NORTHWEST 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: Submittal of ENGLEWOOD CREEK ESTATES for Annexation & Zoning April 2fi,1993 Submitted herewith for submittal of ENGLEWOOD CREEK ESTATES for the Annexation and Zoning approval process are the following: b~uantity Description 1 Application 1 Notarized Request for Zoning 1 Legal Description of property for annexation 1 Proof of Ownership 1 Partnership Agreement 1 Preliminary Plat (1"=100') 30 Vicinity map (1"=300') 1 List of property owners within 300 feet 1 Application Statement $890.00 Application Fee plus Mailings If you have any questions pertaining to the contents of the items listed above, please call me or Glenn Johnson at 890-4788 so we may assist you in processing this project for annexation and zoning. rely, Ric and J.H. Je 1 Planner cc. Project files Glenn L. Johnson Rewabahai K. Patel • Proposed ENGLSGTOOD CRSSH ESTATES LIST OF PROPERTY OWNERS AITHIN 300' RADIIIS PARCEL # & ADDRESS 51203110300 3595 W. Ustick Rd. Meridian, Id. 83642 51203110010 3175 N. Ten Mile Rd. Meridian, Id. 83642 51203110050 3157 N. Ten Mile Rd. Meridian, Id. 83642 51203114100 3095 N. Ten Mile Rd. Meridian, Id. 83642 51203120700 3875 W. Ostick Rd. Meridian, Id. 83642 51203131500 Sea Island Meridian, Id. 83642 S1203142000 2485 N. Ten Mile Rd. Meridian, Id. 83642 51202233600 2770 N. Ten Mile Rd. Meridian, Id. 83642 S0434449400 3365 N. Ten Mile Rd. Meridian, Id. 83642 81277400000 2963 N. Hearth Meridian, Id. 83642 PARCEL OWNER & ADDRESS Rewabhai K. & Rarshan K. Patel 8589 W. Brookview Boise, Id. 83709 Marthalene Cummings 3175 N. Ten Mile Rd. Meridian, Id. 83642 James J. & Jacqueline S. Graham 3157 N. Ten Mile Rd. Meridian, Id. 83642 Ann E . Crawford 3095 N. Ten Miie Rd. Meridian, Idaho 83642 Leonard A. & Feda Nadine Aschenbrenner 3675 W. Ustick Rd. Meridian, Id. 83642 Kent G. & Mary R. Barney 2374 N. Ten Mile Rd. Meridian, Id. 83642 W.E. & Yiola M. Teter Trustees of Rev. Liv. Trust 2201 Allumbaugh Boise, Id. 83704 Gary L. Voight P.O. Box 2044 Idaho Falls, Id. 83403 Larry K. Peterson 3365 N. Ten Mile Rd. Meridian, Id. 83642 McBee Corporation 2100 Zircon P1. Meridian, Id. 83642 VICINITY MA~ %2 MILE Kp,DIUS .~ ~__ _ __ ~~ . ..`~ ~~-L - - ~- _ RT ~ RT ` ` _... __. ~.a ~~ -~ ,..•e..._ .._ ~ ~, - - .~ -- . \ ~ ,\ - ~... s,. .~ ~+~. Anwseo ~~ ~ ~ RT •~•i SEC. 3 -T. 3 K-R. I W. ~ ~ I '~ ~n ~~ aaoeaa ~ r.~ ~• ._.. i - F •0 ~• L- . ~ t ~ ••: i • ~ .., ~c... ''J ~. _ ~ ~ . -`~i R1 SEC. 2 - 7 3N.-R. I W. .t .~ . ~y_ .e•. - ~~~_ __. .. ~.V ' f ~~ ~ ^ i \~~ . r{ ~• ~+~,. i'~ 5 FtOOrJ M'LAIr~ Ap 34 ZONE X ~~ Lafn'aI 35. ZONE X 3M ~ ~) - -- _--__ firrwi/r ----------------- -- ~ ~ ' ~~ ZONE AE ~` ZONE X --t ~~\~ ZONE X . ~ - 261e ,; ZONE X ~ n yM1 t7 y ~ _ ZONE X ZONE X ~ c 2611 ~' U -- ~ ~' ~u:a RM41 - - _- ZONE X- RDpoSE~ NCal.6EWOD :S EA E.S 20NE X- - ~~~~ ~LooD >~N E ZONE X 3 ' ZONE X iv I tai sI I Cily of Mcridinn ~ AREA NOT M/CLUOfO 0 -~ ~4. ~ •'•~ ZONE X .. . ~- ZONE X ZONE - X JOWS PMIE10260 --_ _ --__ -- Dated: April 20, 1993 Recorded: Instrument No.: The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property subdivided and contained in an estate to be known as ENGLEWOOD CREEK ESTATES, being a portion of Government Lot 1, Section 3, T3N, R1W, B.M., Ada County, Idaho. ENGLEWOOD CREEK ESTATES is divided into single family 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 agreement of the owners of seventy-five percent (75X) of the lots in the estates 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 thereof, including exterior color schemes, has -been approved in writing by a ma3ority of the Architectural Committee or by its representative designated by a ma3ority of the Committee. The approval of the Committee shall not be unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. The floor area of a one story house in this estate shall be a minimum of 1550 square feet and the ground floor area of a split entry or a two-story house in this subdivision shall not be less than 1000 square feet having a total of a minimum of 1800 square feet. No residence shall be in excess of two stories. 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 these covenants, eaves, steps, and open porches shall not be constructed to permit any portion of a building, on a lot to encroach upon any other lot. All buildings shall be provided with architectural, type shingle roofs or a similar alternate approved by the Architectural Committee. Running Brook/CCR 1 The value of any residence in the subdivision shall exceed X100,000.00 in value including the value of the land and improvements thereon, based on June, 1993 values. Fences shall not exceed the height of 6 feet on any lot and shall not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and shall be properly finished and maintained. No fencing or obstructions shall be built within Nine Mile Creek so as to obstruct a 100-gear storm; obstructions shall not be constructed below the crest of the bank. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the en3oyment and use of neighboring properties and streets and shall not be allowed to constitute and 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. Both sets of plans shall be marked with any pertinent comments, dated and receipt acknowledged by the Chairman of the Committee with one set returned to the owner within five (5) working days of receipt. (2) No building shall be located on any easement or 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, however, in any event no building shall be located on any lot nearer than twenty (20) feet from the front lot line and fifteen (15) 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) gear, including landscaping. Each house shall have at least one ornamental tree of at least 6 feet in height in front yard and at least one evergreen tree with a minimum of at least 2 trees total. All lawns shall be installed with an underground sprinkler system. (4) No building shall be moved onto the above premises. (5) No shack, tent, or trailer house shall be used within this subdivision for permanent or temporary living quarters. (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 overcome an Running Brook/CCR 2 • annoyance or nuisance to the other property owners in said subdivision. Lots abutting Nine Miie Creek shall plant grass down to the natural waters edge and maintained to a maximum of 4 inches high with the exception of the bottom of the creek area natural vegetation may be groomed as a part of the landscaping. (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or cats or household pets kept on the 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. Dogs shall not be allowed to run at large. Not more than two dogs, cats or other pets may be kept at one time, except that a litter of young may be kept until 8 or nine 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 exploitation, 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 ad3oining 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. Easement areas and all improvements on them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority 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 in public view on any building or building site on said property of not more than six square feet advertising the property for sale or rent, Running Brook/CCR 3 • or signs used by the developer to advertise the property during the construction 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 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 dunk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways ad3acent thereto excepting only within the confines of an enclosed garage, to other approved enclosure, and no portion of same may pro3ect 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. The Architectural Committee shall be the sole and exclusive 3udged 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 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 attempting 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 3udgement against any person for such violation, the Court may award in3unction against the offending party. Running Brook/CCR 4 • 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 charge now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenants 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 subdivision, 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 modification or alternations 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 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 A Ma3ority of said committee committee. In the event any member act or fails or desires not to members shall appoint an owner of serve on said committee, all compensation. is empowered to act for the of the committee is unable to act, the remaining committee a lot in said subdivision to of who will serve without (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 developers. This association, in the form of a non-profit Corporation, will be for the propose of owning, maintaining and operating an irrigation distribution system for the subdivision and maintain common areas as delineated on the plat. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision, which association be dedicated to the welfare of all property owners in the ENGLE~i00D CREEK ESTATES. Running Brook/CCR 5 0 • In Witness Whereof, we, the the ENQLEWOOD CREEK ESTATES this dsy of STATE OF IDAHO } ss. COUNTY OF ADA ) undersigned owners the have hereunto set 1993. property in our hands on 0n this day of 1993, before me the undersigned, 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 of Idaho Residing at Boise, Idaho Running Brook/CCR g r ,, • ENGLEWOOD CREEK F~TATCS A PARTNERSHIP FORMED TN THE STATE OF IDAHO Partners Glenn L. Johnson Richard J.H. Jewell John Gundersen George A. Lyda Rewabhai K. Patel Karshan K. Patel Rick Thurber Parcent of ownership 14.375~s 14.375 14.375$ 1'~.375~ 20.00$ 20.00 2.50 The above named hereby form a partnership for the specific purpose of purchasing and developing property known as 3595 W. Ustick Road, Meridian, Idaho, and any other projects as may be deemed acceptable by all partners herein above named. The partnership shall be known as Englewood Creek Partnership. The following points are agreed upon by all partners: 1. No salaries or draws will be taken by any of the partners. Compensation will be received out of profits which will be distributed on the same percentage as listed above. Excluded from this is repayment of Rewabhai k. Patel's and Karshan K. Patel's investment into the partnership as described below. 2. The partnership is hereby authorized to open a checking account at a bank of mutual choice in the name of Englewood Creek Partnership. Two signatures required on all checks. 3. Rewabhai k. Patel and Karshan K. Patel agree to purchase the subject property for the agreed upon purchase price of $330,000.00, as per the purchase agreement dated March 18, 1992 (#089699). Said purchase to be with cash, creating no liens against said property. Said $330,000.UO to accrue interest to the Patels'~at 10$ beginning the day said funds are delivered to Stewart Title for closing. 4. The partners agree to diligently pursue developing said property into a single family subdivision. Patels' agree to deed the property for each phase to the partnership at the time the development loan for said phase records. 5. Income to the partnership to be paid first to the development lender on the predescri:bed percentage as set forth by said lender. Patels' are to receive 10~ of each lot payoff which will be applied to the accrued interest and principal of their investment. When the development loan is paid off, Patels' are to receive 90~ of the lot payoff proceeds, which will be applied to accrued interest and principal until the balance of their a . • M1,', • 4 investment is paid off. 6. The partnership agrees to pay all taxes and assessments on the property. 7. It is noted that Rick '!'hurber is an agent with Coldwell Banker Aspen Realty and will be marketing the project under separate contract dated March 23, 1992, and signed by partners Gundersen and Johnson. The partners agree to sign said contract. Agreed uporr t}~is23 day of March, 1993 1G enn L . Jots son J Gun ersen Rewa ai at 1 Karshan K. Patel Rick T urber . ,; . , A' ~;. ~ n .a 'ra~+~ vj,:"t ~,, ~'o- ~' 4S FORM FURNISHED COURTESY OF: ~ I ~ . i'.l~ • ~M~~'Z~~ ~~~,ry`. s '`~ WART TITLE ! C0~ , , 93 Pllifl 2'~ Rl~ ~. r~ 5 ~ , D 6 gPPROVED•B~ t3ttANTEEISl: ___ -- ~--•_,•....... _ _ -.:j,._,_ SPACE ABOVE THIS LINE FOR RECURDIN(i pATA_____'~._,. 0300.} Order Na.: STE• 9:'03?.830 'I'N/WO ~:,~~' QUITCLAIM DEED ~,: ~ 'FOR VALUE RECEIVED RI;WAF.+HAI K. PATF.L, a marriad m:~Il t3~~a1 ing with his sole & separate property do(es) hereb wONVEY ~ GIiANTORfS1 „ y ,RELEASE, fiEMISE and FOREVER DUI" CLAIM ur-to kl•:W,11!1•lA I M, . ~''rPATEL and' SHAN K. Pl+'1'i;L, both married min ci•~~rliny wir.h c!,•~ir ;:c~le ,end ~'` ~~ 'separat:e opert:~+ . whose current mailin address Is: Gli!\NTEEtS) ~ s559 iti. 1.;~m~a~ rrtia, E~CII~t:, I ~;.,.11~ ~;.i ; o~ the following descriUcd property located in AnA ounty: Statcr nt Idr.ho. '~.moreparticularly described as fcr~;ows, to wit: .. w; , `' "As set Earth on the art.ached EXHIIIIT "A", which by r•;~f.~,renc~ becomes a part hereof. S' '~ ~'IZo3 Ilo3on toQcther with choir ;Ipl:urtenanl.cs. • - Dated: March 9 9, 1993 t! ~(y (. _. ' REWABHAI K . PATLL .__ ._ - _ _.------_. ..._. __.. -- -- •----- ,'.",>~TATE OF IDAHO 3 , p~; COUNTY OF .ADA 3 ~ ~ ' r }~~. ` ~-~ On this 19th day of March . ,)n t3te'yu.rr of •1993 . Isefare me. the unclersipned, a Notary ,.Public in and for said State, personR!ly appoarod • RFWABHAI K . PATP:L ~~ r ,~', .3;; i .,'kr, '.;~ %~~ ~t,• ,'{ SS. 'x,'~.C ~'~ ~ ~, a r , }.~~. ~a..., ,,. EXHIBIT "A" ~ .1J,~i4dU~a3~~ ,. ' ~``'~ ,;, Government Lot 1 of Section 3 T3N RiW, Boise Meridian, ~;~~ ~ ~~ Ada County, Idaho. ;, ; ~,~"}:.;~"` EXCEPTING there from the following 2 Parcels: ~: ,~~, ~~ Exception #1: ~;'':' ' Beginning at the ~;orner stone of the Northeast corner of the Northeast Quarter of Section Three, Township Three, €'`' North Range One West of Boise Meridian, Ada Conrity, Idaho; ~`'~~'~ thence ~':~ running West fifteen and one-half rods; thenco Y.; , t°-; ~ South fifteen and one-half rods= thence ,;~ East fifteen and one-half rods; thence North fifteen and one-half rode to THE PLACE OF BEGINNNING. ~~~'' Exception #2: Beginning at a point South~0'07" East 255.75 feet from the cornes~stone of the Northeast corner of the Northeast Quarter of Section Three, Township Three North, Range One West, B.M.; thence continuing ~~ South '0'07" East 1054.25 feet; thence ' Suuth';89'52" West 56 feet; thence North 56'08" West 100 feet; thence ' North 33'32" West 808 feet; thence North 47'25u East A44.20 feet; thence North 0'07" East 25.?.2 feet; thence . South 89' 55" East 255.75 feet to THE P(1INT OF l3F:G1NNING. ~~ ;. ,~; . ~. , tt:;,. sr • ~ , ~'' , r, ~';: P, 1..' 3, ~ . 4>' r )at#. V, '. ~~. ` s` i ~' ~, ~. r y }~u v~~ 1~ ,~1(~ n _ '~~~i ~~i~~t'~°F}<r~, x~,,~`; Pik,, .• _, • • A, P,A,R~~N~RSHTPDF4StMf~tiRIN~rHEr~T~s A!'E 4F IDAHp Partners Clenr~ L. Johnson Richard J.H. Jewell John Cunde~rsen George A. Lyda Rewabhai K, Patel Karshan K. Patel Rick Thurber Percent of own®xship 14.375$ 14.375$ 19»375$ 14.375$ 20.00$ 20.00$ 2.50$ The above named h®reby foam a pu~.pasa of purchasing and deveplorinQrship for the specsific t1s~t:ick Road, ~1e~'idian, Idaho, and anyp~th~rtpzd~~ctsa~83595 W. de~'med acceptable b all may be Tha ,partnership shall b4 knawr ea9 Vinyl wo~daCx~eekr~Pd~ Tha fallowing points axe agreed open by ,~11 artnership. partners 1• Yvo salaries or draws will be takon by any og the p Compensat~.Qn will be zeaeived out of artners. din'tributed on the eAme percentage asplisted abovh will be frt~rn this is r®peyment of Rewabh~ai k. Pahl ~ s andeKaxshanud®d Petal's ~.nvestrnent ~,nto t:he partnarahf p as descr~.bed balaW~~ 2~ The partnership is hereby authorized to open a checkin account: at a bank of mutual chaise in the name o~ Englewood Greek Paz~tnexship. Two signatures ret~uired on ell checks. 3. Rewabhai k. Patel and Karshan K. Patel agree tv urc subject pr~a~,erty for the agrccd u on P base the $930, 000.00, as paz~ the purchase afire mvn~adatadiNla of t#089699) . Sa~,d purchase t+a be with ca,~h, creatin rno ~8' 1992 theiPatels'•datrl0$rbe ~innaid ~39U, 000. UO to accruogiriter~ens Stawaxt Title for olosinging the day said funds ar® deliveredcto 4• The partn®rs agree to d~.lig®ntl propexty into a single i'amily subdiv~,~ionue developing sa~.d the roperty for each phas® to the pa~;tnershi~t~~sthegree to deed deve~apment loan for sa~.d base time the p r®cards. a. Inpama to the perm®rship to be pa~,d first to the dev lender.°n the predescribed fie gs set Earth ~, elapm®nt Patels are to recaiveel0~ of each, lot pa o~fs~id b~ applied to the accxued interest and Y hick will investment. When the development loan psrJ.ncipal off' their to receiv® 90$ of th® let @ paid off, Petals' are to accrued interest; end p yaff prose®ds, which will be ap principal until tt~e bslancae of theixp•lied ~~ - ~ ~4! N~dStJ ' • investment is paid vff.. the The Partnership agre~,,~ to pay a]1. taxes and eases ~'rO~'°xty• ements on ~. It is noted that Rich Thurber is an agent with Cold Banker Aspen Realty ar~d wi1,1 be marketing the pro ect weld, separate contract• dated March 2~, ]992, and si rigid ~ under Gundarsc~t~ and Johnson. ';t'h® partners agree to si n s~ partners g id contxact. AgreQd u~~on t}~i s~~day Af M~~rrh, 1993 1 enn L . Jo '..-~"~'.._. _ ~ son ~V~ ~~,~ ,~ Via... ~... ° to ,- Karshan ~. Fatel '-"`"_____- • • t ,..~. ,. a 1 O • V Mi p ~•'' ~ V q r -~ a a ~ I 6 ~` a I ^^ 1 / . y ~ O Y '3 y ' I ~ O ~ :~,;,. ; aa~~ a ~, 1 ,4;, ~ - a .. a` z g II ~~~ ~v ~a~ ~ ft ~ ~'~ .' ~ ~ •4 a g N ~ 1 ~ pp ~+ ~~ o Y ~ m ~r O ~ 8 ' , ` Y Y ^ , ~ ~ a Y!{ •~1 e~ I r • 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 F-lanning and Zoning Com®issian of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p. m., on June 6, 1993, for the purpose of reviewing and considering the Application of Rewabhai K. Patel and Glenn L. Johnson, for annexation ar~d zoning of appr^oximately 29.60 acres of land located in a portion of Government Lot #1, Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, and which property is generally located South of lJstick Road and West of Ten Mile Road. That the Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the pat^cel of land above described for 92 dwelling lots for Englewood Creek Subdivision. A mare particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony.. Dated th i s J,~ day of May, 1993. WAYN S. RREY, C I TY CL K .. - i ~. 4 NOTICE aF HEARING NOTICE I5 HEREBY GIVEN pursuant to the ardinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Naha Street, Meridian, Idaho, at the hour of 7.30 p.m., on August 17, 1993, for the purpose of reviewing and considering the Application of Rewabhai K. Patel and Glenn ~.. .Tohnson, for annexation and zoning of approximately 29.8© acres of land located in a portion of Government Lot #1, Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road and West of Ten Mile Road. That the Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 92 dwelling lots for Englewoad Crwek 5ubdi~v~ision. A more particular legal descriptian of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this _~~_.. __.. day of July , 1993 . WAYNE S, FORRE , CITY L ERK~~ . V i IV I ~' li/ CIA ~ -' .. ~ ~ _._ ~ -_ ~oo_ -- ------ - ~, G ~ E~ ~ I ~ i - -; _____RT ~ ~~ Z i u ~5 -r ~ ~ K 3 X35 ~ -~- ..2 . ~.. M E~! C~lAN ~. CITY L i M I'"r'~._.__ .. ~~ ~ ~ = s Mt arttr•n~wr ST. 4 ~ • p E~ • ~I a ENG-~L E Wooo c~e~~K, ~ ; ~ _ ,~ ES'~ATES ~ ` :s ~ ~ t~oF~~E~ A,NNExAT1oN ;~ _ _ ,• ~ s ~ e " • .• • _ ~~.~ i w.' ~wew+w~ar •x RT __ RT . ~ - ~• ., •~+..+. ~i 2 • i • ~ W. MIRO.(!E CT ' ~ s ~~ ~ s ~~ ~~ a' a ~ s s w--- Ph,LOb i RBAM ~e f' ~ ~ • • -- ~ . . ~. _ Meridian City Council January 17, 1995 Page 4 MOTION CARRIED: All Yea ITEM #11: AMENDED ORDINANCE#617 - ENGLEWOOD CREEK SUBDIVISION: The motion was made and seconded to approve Amended Ordinance #617 with suspension of the rules. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: AMENDED ORDINANCE#683 - LA PLAYA (FORMERLY BRANDON CREEK) The motion was made and seconded to approve Amended Ordinance #683 with suspension of the rules. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #13: FINAL PLAT: ASHFORD GREENS SUBDIVISION, 54 LOTS BY BRIGHTON CORPORATION: Gary Smith and Shari Stiles reviewed their comments. The Developer, David Turnbull, has no problems with staff comments. The motion was made by Councilman Morrow and seconded by Councilman Tolsma to approve the final plat for Ashford Greens Subdivision conditioned upon meeting staff conditions. MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO L-O BY JOHN THOM: Helen Alidjani testified before the Council and requested that the public hearing be continued on February 7, 1995 so she could have time to prepare. There was no other testimony. The motion was made and seconded to continue the public hearing at the February 7, 1995 meeting. 1 .. _ .. ~~ AMENDED ORDINANCE NO. 617 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT LOT 1, OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE 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 Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That. the real property described as: v ti ~~ ~~ J .~-~ , ~ ,- A tract of land situated in Government Lot 1, of Section GY~~~ ' 3, Township 3 North, Range 1 West, Boise Meridian, Ada ~~ County, Idaho, described as follows: ~- - ~ " `_' '= Commencing at a found brass cap monumenting the ,.,,., ', ~~;,'~~~~ ~ ~,. ~ ~ ~ Northeast Corner of said Section 3, thence along the ~i.'i~'~ ~~= Northerly line of said Section 3, said line also being the centerline of Ustick Road North 89°06'49" West a distance of 285.88 feet to a set steel pin, said pin ~~.e .- 95 Jt++„ ~~; :_.~~ being the POINT OF BEGINNING. F /C!, ' J t r ' ~, ~~ --. ~..._~_ - Thence leaving said northerly line South 00°24'24" West REG~;,~ ~ :. - - ;;_,y ~ : __ a distance of 153.00 feet to a set steel pin, Thence South 89°06'49" East a distance of 30.12 feet to a set steel pin, Thence South 00°24'24" West a distance of 127.97 feet to a set steel pin, Thence South 47°56'74" West a distance of 444.20 feet to a set steel pin, Thence South 33°02'13" East a distance of 808.00 feet to a point, Thence South 54°47'58" East a distance of 100.00 feet to a point,' AMENDED ORDINANCE - ENGLEWOOD ~ Page 1 • • Thence South 89°36'36" East a distance of 56.00 feet to a point on the easterly line of said Section 3, said line also being the centerline of Ten Mile Road, thence along said easterly line South 00°24'24" West a distance of 59.17 feet to a point on the southerly line of said Lot 1, Thence leaving said easterly line and along said southerly line North 89°02'00" West a distance of 1320.93 feet to the Southwest Corner of said Lot 1, Thence leaving said southerly line and along the westerly line of said Lot 1 North 00°26'04" East a distance of 1367.32 feet to a point on said northerly line of Section 3, Thence along said northerly line South 89°06'49" East a distance of 1034.38 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 92 single family dwelling units on the parcel which would be an approximate density of 3.1 dwelling units per acre, which would be allowed in the R-4 Residential zone; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,800.00 square feet, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those AMENDED ORDINANCE - ENGLEWOOD Page 2 • that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Ten Mile Roads for public right-of-way. 6. Allow only houses of at-least 1,800 square feet. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of a greenbelt along Nine Mile Creek and co-ordinate with the Pathway Plan of Ada County. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its AMENDED ORDINANCE - ENGLEWOOD Page 3 • C~ passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this l C ~~ day of January, 1995. APPROVED: ATTEST: CITY CLERK -- WILLI BERG MAY R -- GRANT P. KING F ~, - ;. ~~ ~=~ ,y" v-~ 0 i+ 3nJ ~ ~ a.+•::a :c ~~.. ? ~,~ I t'.al ~' I ~ ~ k ~ ,, ~~ Ay A~ `.N y 1 ..: Ae Lr M, 1~ ?~ ~~ , ~~~. AMENDED ORDINANCE - ENGLEWOOD Page 4 ' i • STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 617 , by the City Council and Mayor of the City of Meridian, on the ?~ day of January, 1995, as the same appears in my office. DATED this ~'~~day of January, 1995. STATE OF IDAHO,) County of Ada, ) g,~ ~~ <~. :. r W ~f .~ ~sv. ~.v !a !!yp ~: ' ~a of ;~ .. ~ S ;^-,' a 'ST :':~ !Sias :; ~ 4. :~ .~. ~ "i,1~ ay n n .- Clerk, City county, Idaho t On this ~ 7 t~~~vof January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ ~ tea r t~et~~~~aa.,,,ae~ ~ rr e 00' .J i~ ~as SEAL ~~°'~:~~.~~•.~~~ .,~~~ a n~~ •, '• s~, ',~ ~ ,~ mom: • •~ '~i . . ~~ •~ 0y add. ~~ ~ ~•~~ o'er ~f ldiiai+~j~ie s~[ding at Meridian, Idaho AMENDED ORDINANCE - ENGLEWOOD Page 5 y i ,' ;,, ~ ~~~~ ., :; • ~t ~ q O I I~ L -------------- 1_ -- ~f~_ ---------------------- -- -- ---- 00 n ~CD •~ a \ • \ • W Li'f \ ~ ~ a n / ` ~I a a ~I ° \ \ 1° ~^ ~'9 ~ •p • ~~j a ~ ~ 1` n • \ ~~ ~. tp ~ ~~ r \ ~ ~~ 0 6 to \ ~ ' n i s e p , ° 'I.L .~ . . •'A* \ /` C\ ° .. ~ i ~ it a' i ~ ~') e, ~ I a s e o'-. i ~ '~ n N a • ~ - ~~ \, °~ • per. •• p ,a ~ ,~j~-,t~,U,N~~ No. X11 ~ . ~ p ~ r a - \ a ~~p\ a ~ ' S d ~ ~ b ~ ~, ~ - ~~-, 54°4~'3BaE loo: ~ ~ ~ M y~ f ---~ ~~. ~\ '' . . ~\ \'. \t 1~ ~~ ,~ 11 NO~f~! ~°DZ eru e~-I~~: ~, $ .- ~ I t (~ ~1~ f ~ ' i .. i Z ~ •~ ~~ h i ,~ f it . 1"`=?~~ o: .N~ • o .,. ~., ~~ ~~ . ;~, ~~ W Vii. J ~. '. Z WI ~ ; --~>' ~ ~`~, ,~' s37652`t: ~~ :~~} c~t~~~ ~:~.. ~. Fay ~ ~~ ORIGINAL J. DAVID t~ ~`,',~ ~ ~ ~=, .~ o ORDINANCE NO . RECORDEi 3Y ~~ °d bOC~ \J~+CSt~~ ~-b AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPER Y WHICH IS DESCRIBED A PORTION OF GOVERNMENT LOT 1 '93 SEPT1(~,1.~TOwNSHIP 3 NORTH, RANGE 1 WEST, B.M., 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 hereinbelow described: Annexation request includes Parcel No. S1203110300 as recorded at the Ada County Assessors Office, Ada County, Idaho, being a portion of Government Lot 1 (NE 1/4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NE corner of Section 3, T3N, R1W, B.M.; thence N 89°07'00" W, a distance of 255.75 feet along the North section line of said Section 3, also being the centerline of Ustick Road, to a point; thence S 0°24'15" W, a distance of 25 feet to a point on the southerly right-of-way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56' 15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence S 33°00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89°36'45" E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of-way line of North Ten Mile Road; thence S 0°23'58" W, a distance of 37.18 feet to a point on said westerly right-of-way line of North Ten Mile Road; thence N 88°52'20" W, a distance of 1295.09 feet to a point being the center point of the NW 1/4 of said Section 3; thence N 0°23'51" E, a distance of 1316.55 feet to a point on the southerly right-of-way of Ustick Road; thence S 89°07'00" E, a distance of 1064.43 feet to a point along said southerly right-of-way line of Ustick Road to the REAL POINT OF BEGINNING. ORDINANCE Page 1 • Basis of Bearing is S 89°07'00" E, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. 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 described as: Annexation request includes Parcel No. S1203110300 as recorded at the Ada County Assessors Office, Ada County, Idaho, being a portion of Government Lot 1 (NE 1/4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NE corner of Section 3, T3N, R1W, B.M.; thence N 89°07'00" W, a distance of 255.75 feet along the North section line of said Section 3, also being the centerline of Ustick Road, to a point; thence S 0°24'15" W, a distance of 25 feet to a point on the southerly right-of-way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56'15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence S 33°00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89°36'45" E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of-way line of North Ten Mile Road; thence S 0°23'58" W, a distance of 37.18 feet to a point on said westerly right-of-way line of North Ten Mile Road; thence N 88°52'20" W, a distance of 1295.09 feet to a point being the center point of the NW 1/4 of said Section 3; thence N 0°23'51" E, a distance of 1316.55 feet to a point on the southerly right-of-way of Ustick Road; thence S 89°07'00" E, a distance of 1064.43 feet to a point along said southerly right-of-way line of Ustick Road to the REAL POINT OF BEGINNING. Basis of Bearing is S 89°07'00" E, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. ORDINANCE Page 2 ,' • • is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 92 single family dwelling units on the parcel which would be an approximate density of 3.1 dwelling units per acre, which would be allowed in the R-4 Residential zone; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay and development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,800.00 square feet, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Ten Mile Roads for public right-of-way. 6. Allow only houses of at least 1,800 square feet. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, R., L. and the comments of the Planning Director, ORDINANCE Page 3 ,' ~ . Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of a greenbelt along Nine Mile Creek and co-ordinate with the Pathway Plan of Ada County. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 7th day of September, 1993. APPROVED: MAYO -- G T' P R S ORD ORDINANCE Page 4 • • ., ATTEST: ~~ CITY CL -- WILLIAM BER STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF GOVERNMENT LOT 1 SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. , by the Ci Council and Mayor of the City of Meridian, on the ,,~,.,d~y,, of ~~~ 1993, as the same appears in my off ce. ~~ ~ 'y I' • ~*~' ,SATED this ~ day of ,t,~y 1993 . 'r.. •` ~.pw e + '\ ~,~, i ~ ~~~ATE``.OF IDAHO, ) ..... _..o~.- ss. County of Ada, ) City Clerk, City ofd Ada County, Idaho f.~~ pKf~pN~ "r'~v~ r. .~,~ On this 7th day of September, 1993; undersigned, a Notary Public in and for said appeared WILLIAM BERG, known to me to be the pe subscribed to the within and foregoing acknowledged that he executed the same. IN WITNESS WHEREOF, my official ~,~} the da e°•0 `~~se y written. eeee~~ E L, ~',e. SEAL ~ ORDINANCE Page 5 ~'lY ~' is and I have hereunto set my hand and affixed and year in this certificate first above ry Yublic for Idaho iding at Meridian, Idaho commission expires 04/01/99 ~ ~ }. •a J° • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ENGLEWOOD PARTNERSHIP ~~JJ ANNEXATION AND ZONING A PORTION OF GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 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 Planning and Zoning Commission having heard and taken oral. and written testimony and the Applicant not appearing in person but through Richard Jewell, 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 June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 ~ a ~, ~'~ ~~ ~ i reference is incorporated herein; that the property is approximately 29.8 acres in size; it is in a portion of Government Lot 1, Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for R-4 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is zoned R-4, Residential. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is riot the owner of record of the property but the owner of record has requested the annexation and consented to the Application. 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 entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for an R-4 type subdivision and in the Application stated the density would be approximately 3.1 dwelling units per acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 ,, ,' • 10. That Richard Jewell testified at the hearing commenting that Applicant is in agreement with the development fee statute; that developer will provide what is needed to work with the school district; that the property borders Ten Mile Road for 37 feet; that the island between Ten Mile Road and the proposed Application is owned and maintained by the homeowners; that pressurized irrigation would be provided if there is sufficient water available; that they will meet the street light ordinance; that a small park will be provided; that Applicant favors a real estate transfer fee; that Applicant is in favor of a green belt; that Applicant will work with all the public services; that Applicant will re-submit a preliminary plat. 11. That the property is in the CHERRY LANE Neighborhood as set forth in Policy Diagraul 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 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. 12. 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. 13. That Meridian has, and is, experiencing a population FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the propertl• can be ,serviced with City water and sewer. 15. That the City Engineer, Meridian School District, Idaho Power, Bureau of Reclamation, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 i. • • parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 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 Section 11-9-605 C states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 i • • "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 21. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;" 22. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 23. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 i • • recreation facilities. 24. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 25. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 26. 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 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 Planning and Zoning Commission has judged this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 i ~~ ~~ • annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the 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 owner 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 and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 i • • annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved and the subdivision, when developed totally, would contribute 125 children to the School District, a greenbelt along Nine Mile Creek and co-ordination was' needed with the Pathway Plan; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the CHERRY LANE NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. It is concluded that the development, with a density of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 i.:.. • • 3.15 dwellings units per acre, is an R-4 type development and should be zoned in that fashion. 13. Therefore, based on the Application, the Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned R-4; that the development of the property shall be at a density of not more than 3.15 dwelling units per acre; that any representations of Applicant's representative shall be a restriction on the development and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such 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 and no dwellings other than single family dwellings shall be allowed and this restriction shall be noted on the plat of the subdivision. 14. 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. 15. That any requirements from the Nampa Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 16. With compliance of the conditions contained herein, the annexation and zoning or R-4, Residential, would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 i~ :. • 17. That if the conditions of approval are not met the property shall be subject to de-annexation. 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 they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: / APPROVED: ~/ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 c ,, • i LL MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 36 Discussion - see tape. The Motion was made by Yerrington and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Kentfield Subdivision. Rol] 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 have the attorney prepare an Ordinance for annexation and zoning. Motion Carried: All Yea: Kingsford: Five minute break - Meeting called back to order. ITEM #15: PUBLIC HEARING: REQUEST FOR ANNE%ATION AND ZONING TO R-4 WITH ENGLEWOOD CREEK PRELIMINARY PLAT BY ENGLEWOOD PARTNERSHIP: Kingsford: At this time I'll open the Public Hearing and invite the representative to speak first. Richard .Iewell, iQ18~ Arlington, Eagle, was sworn by the attorney. .Iewell: We have received the comments from the various agencies and to my knowledge I believe that we've addressed most of the concerns of Meridian City. There's a couple of things that I would like to go through. Communication has been given with the Bureau of Reclamation, we have contacted the School District and we have resubmitted a plat to Engineer Smith. A copy of it is here tonight. Addressed sizing of culvert underneath Ustick Road, that culvert will be sized to maintain a hundred year storm. A twelve inch water main will be provided in Ustick Road. One item of concern that we're still in negotiations with is pertaining to properties dedicated to the City for either a well lot or fire station. We will satisfy the needs as to what the City would agree ta. In revising the plat we've taken care of several different things. tExplained those revisions - see tape) Kingsford: Thank you. Anyone else? No response. I will close the Public Hearing. • r . `y, v MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 39 The Motion was made- by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington -and seconded by Corrie to have the attorney prepare an ordinance for annexation and zoning. Pfot-ion Carried: All Yea: Kingsford: Items #16 8 17 will be heard at the September 7th meeting. ITEM #18: DEPARTMENT REPORTS: Eng. Smith: Last Friday we had the bid opening for outfitting Well No. 15 with a pump and pump house. We had two bidders, Riverside Inc., of Parma, Idaho and Owyhee Construction of Boise Idaho. The low bidder was Riverside Inc. of Parma and their bid was 5137,024.74. As you can see on your bid abstract it's slightly less than the Engineer's estimate. All of the mathematics have checked out. I would request the Council's acceptance of this bid and award the bid to Riverside Inc., of Parma, Idaho. Also, I would request that you allow the Mayor and City Clerk to sign a Notice to Proceed and the agreements for the contractor to build this project. Kingsford: Did you hear anything back from Owyhee Construction that was challenging? Eng. Smith: Was unable to reach. About 4:30 Riverside called me and said that they had been in conversation with the License Board at that time and the Public Works License Board person they talked to said that they didn't have a problem with this bid. For the Council's information, Owyhee Construction had called me and questioned whether or not Riverside was licensed to build this project. I did some checking into that and they are licensed as a specialty contractor and according to the person I talked to at the license department today, he said that a specialty contractor can hid a project as long as the specialty contractor is qualified and licensed to accomplish at ]east 50x or more of the work and he can subcontract the remainder of the DATE: 1-'Y1~~,t,~S~'- I'~Q~ MERIDIAN CITY COIL AGENDA I TEM NUMBER ~~ APPLICANT : ~ ~ ~„~'~Q ~(~ ~ ip AGENCY COMMENTS- MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - S:~.R..1~r-d CQW^~S MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~1~.,~~0.L~.Q..C~ ~~~`~S MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ~, ~~~ ~jpN~t.W~+¢.Vt°t'S ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - ~,q_ ~~~~~'a, C6W~S NAMPA MERIDIAN IRRIGATION -~ ~L~ V~-'n~~~ SETTLERS IRRIGATION - ~. ~~~ CpYvw~A.~vv~ IDAHO POWER - S~2_V~~0.LG,.~c~ ~~T~-V~~ US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION ~~~ ~~~~-~ MERIDIAN CITY ATTORNEY -~.~~ ~vh~~5 ~~ ~~- ~ Cohc~„1ralcry~5 d~ Lo..w MERIDIAN PLANN I.NG D I RECTOR - ~. I~~U~cV ~C9tM.Wt~s OTHER COMMENTS- I OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE 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 June 6, 1993 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCILMEN R A ROBERTGIESLER 33 EAST IDAHO MAXYERRINGTON ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Chairman Zoning & Planning Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIaI Mayor T0: MAYOR - COUNCIL - PLANNING & ZONING FROM: GARY SMITH, P.E ' RE: ENGLEw00D CREEK ESTATES (Prelim. Plat - Annex. - Zoning) I have reviewed th~.~` ~Ib tail a~`~d t~.ve h;c~ following comments: ~} w,; ~x:> 1. The proper ..apparently contiguous, ~:;Fexisting city limit at its so. h t er nd f,t?r .37. i _~~f.~t at its southeast ~~~xw~ corner. o a scrip on wa subm;ted so it wasn't checked.k¢ The legal it ne d ~~ include tie adjacent 1/2 of Ten Mi 1 and Us k oa~~. ~i ~ ~' ~~ N 2. Lot diml~a~i~' deed =~to ~ ~ ~~ ~*a'iT lobs. 3. Culdesa ~ lots ~.r~ e ~0 ~eei of sheet frontage by ord i nanc -, # ~' 4. Access to ~'`~i~ne ~Ii le Creek must be maint~~'ned for cleaning by the i rri g~fii on district and m. tex~~nce of the sewer interceptor:~~;~~ila scaping oth v~ea is permitted. ~~.v 5. The area to the'~° of ne t" 't~reek and a small area to the west is in aef~~~" ~~:~~tle AE, as determined by FEMA. ~.~wh~. r The applicant shows the pipe carrying Nine Mile Creek under Ustick is to be replaced but doesn't specify with what. 6. A 12 inch dia. water main needs to be constructed in Ustick Rd. 7. who owns and maintains the island shown in the entrance street from Ustick Rd.? This island scales 115 feet in length. 8. Contour lines for slopes less than 10% are to be shown 2 feet apart. Also show a benchmark. • 9. How will the storm drainage be handled? Any facilities outside the public right of way must be maintained by a responsible agency and I need a letter from that agency to that effect. 10. Will this developer provide a pressurized irrigation system? 11. Processing of this subdivision is subject to our analysis of our existing water systems ability to provide domestic water and fire flow service. 77,..x. ~° l a f h„~.,t.alt. ~o ~.. w ~ mgt. kit~c a~ ~ HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNES.FORREY,AICP,CItyClerk CITY OF MERIDIAI~T COUNCILMEN A JANICE LASS, Treasurer R BRUCE D. STUART, Water Works Supt. OBERT GI SLER MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO ROBERT D. CORRIE JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief ~ Chairman Zoning & Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORAWDUM TO: Mayor, Council, Planning and Z ng Commission FROM: Wayne S. Forrey, AIC~ J" 1 ~i. DATE: June 3, 1993 RE: Englewood Creek Estates Subdivision - Annex. and R-4 zoning with a Preliminary Plat ~~K.~.>~ This 92 lot subdivis' is~wi project does not co~r'y thth the current Compr Goal / Policy Goal 6 Goal 7 w ~ ~ ~J e. an. i~°=~~;,~,~ie USPA boundary. This ooa'n,:~ goals and policies of ~° ~_ . ~~~~ ~'' La ~ o adet~ ~~fa ~' lit~ies~ for ni ~:F. '~ '~ se aside or fui d ~~ ~~ae desirat~l~, ~~ to recreation ghborhood. Land re park use may ,~ vidng x full p~~lic services to acmmdatte the i^ojected needs of h' d ~r t subd~'vx~ion~'may be difficult. ~" x h e x..>.u~ir"y i s L~ the process o f evaluatinga.kT fut~^e public service ~°~ levels in~t~i~~;~~area to accommodate proje,,~~ed 'r~~~ds. Land set aside '~.~:. ~~~ for `~,f~~ttt,~.kY*,~" public service use ~`u~'$''° ~~thi t'~i~s subdivision could het «.µ ,r«. ~:.,... ~.,K,:~..~ ~ ,::.,. -„~~'~:~~a~~e~+se future public service capability. School Policy 3 School site not reserved in advance of development. This subdivision will contribute 125 students to District #2. Applicant needs to coordinate development plans with school capacity planning. Linear Open Space Goal No provision for greenbelt along nine mile Creek. Applicant needs to coordinate development plans with Pathway Plan. Haled on these conflicts with the Comprehensive Plan, this annexation request could be denied or tabled to allow the applicant sufficient time to reconsider development features and work with City and School officials to update the Comprehensive Plan and achieve community goals. OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE 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 NUB 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 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZ( TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: Frida~,l ~~h Q `l , 1~4 3 ~'D©~. w, _ . - - : ~~~ TRANSMITTAL DATE : ~(AY12 ~; ~qq 3 REQ BY; LOCATION OF PROPERTY. flR PROJECT`:r~ f ~''"t JIM JDHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFDRD, MAYOR RDNALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT ` POLICE DEPARTMENt HEARING. DATE : ~s.i~,t!1 a ~. ~ qQ~ -~ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATIDN DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. S. WEST (PREL. 8 FINAL PLAT) INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: _ ~ GARY SMITH, P.E. ENGINEER HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCAOFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer 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 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning b Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: Ct ~ ~ w w!'_ _ I I I AA ~ 1 / I /- A TRANSMITTAL DATE : 7(AY12:' f: tqq REQ BY: LOCATION OF PROPERTY: OR PROJECT'; HEARING. DATE : ~u>~C g ~_ 1 q4~ J ,: ~~ [.o fs JIM JOHNSON, P/ Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENt GARY SMITH, P. E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.B FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. S. WEST (PREL. 8 FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY ~ _ ~~~,~ CITY FILES,~y~ n ~~-- _~° OTHER : _ ~// /~ ~; ~[~` ~0~~ ,~"~ ® !SUPERINTENDENT OFSCHOOLS Bob L. Haley CDR EXCE~`~ DEP Dan Mabe, Flinan eDB~ Administration Z~ DIRECTORS ~~~\~~~ 1 ~ Jim Carberry, Secondary ~` Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 ~2 a ~~ June 3, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Englewood Subdivision Dear Councilmen: I have reviewed the application for Englewood 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 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 developer will provide walkways, bike paths and safe pedestrian access. Sincerely, h~~- an Mabe, Deputy Superintendent DM:gr C;~_~ ~'~ JAMES E. BRUCE, President ~~~ GLENN J. RHODES, Vice President SHERRY R.HUBER,Secretary ~As, Q S ~~ January 3, 1994 Richard J. H. Jewell ®~~~~~~ Planner - Designer Northwest Design Service 1082 Arlington Eagle ID 83616 ~~, RE: GLEWOOD CREE ESTATES SUBDIVISION icy oa Culvert Crossing Dear Mr. Jewell: In response to your letter of December 16, 1993 the Highway District requesting participation in the replacement of a culvert across Ustick Road at Nine Mile Creek, I reviewed the situation with Mr. Steve Spickelmier, Supervisor of Plans and Surveys Division for ACHD. The Highway District cannot participate in replacement of the culvert you refer to at this time or any time in the next few years. The culvert is adequate to meet the needs of the District and the traveling public and there is no requirement to replace it. In order to replace this culvert at this time, other bridge repair and replacement projects that are needed would have to be deferred. Since ely, ry Sa , Supervisor CHD Dev lopment Services Division cc: Chron Project File Steve Spickelmier Wayne S. Forrey, AICP ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~ ~ ~~~ O C T 1 4 1993 SUBDIVISION EVALUATION SHEET CITY ~ ~~~~~~~ Proposed Development Name ENGLEWOOD CREEK ESTATES City MERIDIAN Date Reviewed 10/07/93 Preliminary Stage XXXXX Final Engineer/Developer Roylance & Assoc / Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO S T E. ENGLEWOOD CREEK ESTATES X. Date I~ zi The Street name comments listed below are m e b the members of the ADA CO TY STREET NAME COMMITTEE (under direction of th Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the vlat as• "WEST USTZCR ROAD" "NORTH TEN MILB ROAD" The following new street name is approved and shall appear on the vlat as• "NORTH SAINFOIN WAY" "NORTH VALAM AVENUE" " "WEST NIEMANN DRIVE" "NORTH ENGLEWOOD WAY" "WEST GINSING STREET" "WEST SERVIL DRIVE" "WEST ANGELICA DRIVE" Cry,-~/a/G ~~~5 LI,~~ G~~/~~ ~ ~U;'/.~ ~S~ ~,~:~/~x/~ab 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 ~signee in order for the street names to be officially approved. / l ADA COUNTY STREET NAME COMMITTEE{ Ada County Engineer John Priester Ada Planning Assoc. Terri Meridian Fire Dept. Representative ATI S OR DESIGNEES Date ~~ r---- Date ~~~' Date NoTEs A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index // ~~ Street Index~~~D NUMBERING OF LOTS AND BLOCKS ~ ~.Ic?y H-/~/~l/~ ~~~T LL ~~/7/~~ REVIEW SHEET Rezone # CENTRAL ~• pISTRICT CiiTHEALTH DEPARTMENT Retum to: 1~~~IV~~ ^ Boise ^ Eagle ~ U N 0 ~ X993 ^ Garden City Meridian se # C1T'Y ®F ~E~iII~i~~d ^ Icuna naVShort Plat ,~Z~~®~ C~,~.e% tEs~~rrES s~-~~v~s~~,~ ^ 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. 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. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. '~} 8. ~ a. ^ 10. ^ 11. ^ 12. ^ 13. 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 The following plan(s) must be submitted to and approved by the Idaho Department of HeaRh and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water Sewage dry lines ®- Central water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Cerrter DATE: ,~ ~~~ Reviewed by: f CDHD 10-91 rcb C~ ~r~~,~ ~i~E~ ~ ~o~ %2~z~ ~ ~ fir • ~, ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 9 June 1993 Meridian Planning & Zoning Commission '33 East Idaho Meridian, Idaho. 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Annexation and Zoning with Preliminary Plat Englewood Creek Partnership A portion of Government Lot 1 Section 3 T3N RiW commissioners: The Ninemile Drain, which courses through this project, is a Federal drain. Please contact John Caywood at the Bureau of Reclamation. If there is any encroachment, Nampa & Meridian Irrigation District must have a signed license agreement. Surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. All laterals and waste ways must be protected. ~~ Bill Henson Foreman pc: District Water Superintendent File -office File - shop ~: ~~, G~:i; 91~ ~S~u ~»~~ nc~t ~l~~~dg~ ~~~~ s~~i~ts~~n gal~~as~ l'S~V~ e3e~m~1®p~r ~i3® ~~~ ';, i ~aa~ ~Be€ti'!ra~ In ~ac2~a-~~rac~a~ ~~iai~ - ' -- it , (~ ~-m; s ~ 7 ~~. ~~ ~i P Yom.. ~.T .. ~ L ~~ ~ ~~1 BOISF~~' ;--s y ..~ ~i ~ ~ ,~.: ~-~ ~ _(-. d~ P r R -~~ ~.- ~i ~ c.~~e~ ~. ` ~_ ~° ~-~ Phones: Area Code 208 ~ '` "`-' =- APPROXIMATE IRRIGABLE ACRES ~ `~' RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Page 2 ~' Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, errold D. Gr Project Sup 'ntendent cc: Nampa Meridian Irrigation District ! ~ t s CERTIFICATE: • I hereby certify that the following resolution is a true and exact copy from the Minutes of a meeting of the District's Board of Directors, held 2 October 1990, recorded at Book 56 Pages 187 and 196 through 202 (finalized 16 June 1992). C~ ~~_ Daren R. Coon Secretary of the Board NAMPA & MERIDIAN IRRIGATION DISTRICT WHEREAS, the various agencies .which are authorized .to issue land use change/site development permits have made it known that it is in the best interest of the public that this District amend rules and regulations for development within the boundaries of the District; and WHEREAS, it has been decided that such a cooperative and coordinating arrangement can best be realized through an amended permit system; and WHEREAS, such requirements and requests have created a considerable expense burden to this District for which there is not available revenues; and WHEREAS, a Development or Land Use Change policy was previously set up at a meeting of the District's Board of Directors held 17 March 1980, recorded at-Book 36, Pages 65 through 69, of the Minutes of the Board and recorded at Ada County as Instrument #8015309 and recorded at Canyon County as Instrument X890100; and WHEREAS, a Site Development policy was previously set up at a meeting of the District's Board of Directors held 17 March 1981, recorded at Book 37, Pages 89 through 92, of the Minutes of the Board and recorded at Ada County as Instrument ,8115542 and recorded at Canyon County as Instrument #919045; and WHEREAS, it has become necessary to combine and amend these policies. NOW THEREFORE, BE IT RESOLVED, that the following amended policies are hereby established by this Board as District policy to take the place. of the previous policies. 0 c,., 0 c•.~.' c U W Q: ~ W - J_'••`'' ~~ W m ~~ 07 :~ z `'-' U Q '.:.1 s L`` ~`~ z Q r f7 3 - ~2y0022 NAMPA & MERIDIAN IFtRIGAT10N Gl~?hi:,: AEA G~ Jt~TY, I D. FflR ,._.. J. DAVID pl,.~,MRR ~ I~iECORDER ' 92 JUN 1~ P~1 1 `~ ~ - ,' - NAMPA ie MERIDIAII IRRIGATION AIBTRICT Board of Directors° Policy for Changes of Land IIse or 8it® Development Developments or land use changes or site developments which affect irrigation and/or drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors.- An application form may be obtained at the District office which will provide necessary preliminary information for District review. General Information A. DRAINAGE: 1. There will be no acceptance of any increased flow in storm run-off, drainage, or any contaminated waters for which the District might be made liable by the Federal and/or State Clean Water Laws. 2. Existing or replacement of on-site drainage or run-off facilities or modification thereto must be perpetually maintained by the site owner or owners. 3. Drainage plans prepared by a registered engineer may be required where deemed necessary by the District even though on-site modifications to the District drainage system are not required in the development plans. 4. If a drainage lateral owned and maintained by the District courses the site, no alterations of the lateral nor encroachment or its right of way shall be permitted without a license agreement. No access to such drain shall be denied to the District. B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always the same on one tract of land. Often these can be simplified without changing the Court confirmed status of the rights, if arrangements are made with the Secretary of the District in the advance planning stages. 2. Any irrigation supply lateral or canal which is owned and operated by the District and which may course the site, must not be obstructed nor encroachment made on its rights of way. -1- .. C. 3. Any alteration from the original delivery point must be approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the District as part of the system plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal or lateral shall be permitted without a license agreement. No access to such canals or laterals shall be denied to the District. 5. If irrigation service is not to be provided to the individual properties, all property owners must•be notified that the District tax is an obligation of all lands in the Irrigation District. This notification is in compliance with Idaho Law. 6. No destruction, interference, nor limitation upon water flows which are appurtenant to .the property rights of others shall be permitted. 7. If development plans include providing irrigation, operation and maintenance of the system may be undertaken by a Lateral Ditch Water User's Association, in which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for alteration of waterways belonging to and being a part of the property rights of individual land owners .and to which waters flow from the system of the District. Permission must be granted from each of the property owners having ditch and water rights in the waterway. REVIEW AND APPROVAL PROCESS 1. Applicant shall complete and submit the attached application-form to the Secretary of the District. Two (2j copies of the proposed plans shall be submitted with the application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and specifications shall be reviewed by the District Water Superintendent and/or the District's engineers. If acceptable, •the developer will be notified. Prior to actual construction an estimate of the cost of construction shall be provided to the District. -2- 3. If a license agreement is required to conform to specifications of the District and/or recommendations of its engineers, the Secretary of the District will then make arrangements for an appropriate license agreement for which the licensee shall be liable for payment of attorney fees. 4. The District shall be notified prior to commencement of construction. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall in no way relieve the developer or his contractor of the responsibility for providing a sound, workable system. 5. Within ten (10) days after completion of construction the developer's engineer must certify to the District that the system was installed in accordance with plans and specifications, and furnish as-built drawings to the District. 6. The developer and/or his contractor shall be responsible for the repair of all defects, leaks or failures occurring in the installation for a period of three (3) years after completion of construction. A maintenance and warranty bond in the amount of 10$ of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within thirty (30) days after completion of construction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the cost thereof shall be paid by the owner, his contractor or the surety. The fees required will be: 5650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney. and, B$ IT BIIRTHER RESOLVED; that the Secretary of the District is hereby ordered to send copies of this resolution to all planning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa to provide sufficient copies of the policy and application form for the continual administration and use thereof by all interested parties. -3- • STATE OF IDAHO ) ss. County of Canyon ) On this 16th day of June 1992, before me, the undersigned, a Notary Public, in and for said State, personally appeared Damn R. Coon, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the. same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *• •~ ~* ~ Notary Public -State of Idaho ~: pU 1G t Residing at Caldwell, Idaho :,~`1'T9•..~8~;,.'•'~~+~,`* My Commission Expires: 11/04/94 -4- ~~~M~~ NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) 1. (Proposed Name of Subdivision.or Development) 2. ' (General Location) 3. (Legal Description - Attach if necessary) 4. (Owner of Record) (Address) 5. (Subdivider or Developer) (Address) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 1 of 2 • ~ 6. (Engineer) (Address) (Person to Contact] (Phone) 7. Acres ; No. of Lots ; Number of Lots/Gross Acre 8. Proposed drainage discharge (Name. of Drainage Lateral) 9. Is irrigation water to be provided to property? If yes, answer the following: a) Proposed delivery point (Canal or Lateral) b) Present delivery point for this land c) Type of system 1) Gravity (Piped or open ditches) 2) Pump pressure (Signature) (Date) (Application must be filed with the Secretary of the District. The appropriate fees and two (2) copies of all plats and drawings must be included with the application.) LAND USE .CHANGE/SITE DEVELOPMENT APPLICATION - Paqe 2 of 2 S~LERS' IRRIGATION DIST~T P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 RECEIVED JUN 0 8 1993 CITY ®F MERIDIAN June 7, 1993 Wayne Forrey City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Englewood Creek Estates The above referenced subdivision lies within the Settlers Irrigation District and as such is required to include an irrigation delivery system to provide the homeowners in the subdivision access to their irrigation water. If you have any questions regarding this, please phone me at 343-5271. Sincerely, ~~ G~ Troy L. ~Jpshaw, Manager Settlers Irrigation District ,, OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE 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 ® 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 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairmen Zoning b Planning JIM JOHNSON Cantennlal CooMlnator PATSY FEORIZZI TRANSMITTAL TO AGENCIES FOR CDMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, may we have your answer by: _F'[idc~., ~'u.lnQ Ll , I44 3 ~l:d©~. w,. p ~. TRANSMITTAL DATE: 7~n~: -I_: ~~q3 HEARING. DATE: '~.~InC g~ ~qQ3 REQ BY: LOCATION OF PROPERTY OR PROJECT„( ~ Pt ~ ~R11,V ~ 3.1M ~ ~ dd l'~~~ We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power 322-2047 ~~ a'~A''"'s b -3.°13 JUN 0 31993 ~~ENT of ry • • ~ QQ?~--*~~-'~`~,: -2~ United States Department of the Interior ,, 0 ~~~,a ~ ,; BUREAU OF RECLAMATION ~iqR~' „~~. ,~p9 CENTRAL SNAKE PROJECTS OFFICE " a 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN REPLY REFER TO: 424 June 4, 1993 Mr. Wayne Forrey Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave. Meridian ID 83642 Subject: Review of Englewood Creek Estates Subdivision Preliminary Plat (Zoning Review) Dear Mr Forrey: The United States' Nine Mile Drain bisects this development. To assist this subdivision making an orderly addition to our community, we request conditions of your approval be: 1. The United States' Nine Mile drain right of way be clearly labeled on the plat, "Exclusive United States' Nine Mile Drain Right of Way". 2. ACRD obtaining approval for Niemann Drive and Ginseng Street crossings of the drain. Expedited approvals for these crossings can be made under our existing Reclamation-ACHD master crossing agreement. Non-approved crossings will be considered in trespass. Additionally, on the afternoon of June 2 we received requests for review of nine subdivisions from your office. Replies were requested by 4 PM June 4. In addition to other pressing work, my very limited staff reviews development proposals from almost all planning agencies in Ada and Canyon County. It is impossible for us to comply with such excessively short turn-around times. Reclamation and irrigation district input is critical to your community's orderly growth. A subdivision's failure to identify a canal right of way almost inevitably leads to inadvertent trespass by an unsuspecting homeowner. If almost immediate replies are now the rule, we recommend the City require developers to obtain written reviews and/or approvals from Reclamation and the irrigation district prior to submission for approval by your office. Canyon County and Boise City now employ this technique with good success. Ro lance & Associat~ P.A. Y Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 July 26, 1994 Telephone (208) 336-7390 Fax (208) 336-7391 ~~~ V ~~ J U L 2 9 X994 CITY ®F MERIDIAN City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Englewood Subdivision - Constntction Plan Revie~a~ All comments from your last review have been addressed with the exception of the installation of a fence along the Nine Mile drain right-of--way. Since the issue regarding the need to build a fence has not been resolved, we have not added it to the plans. If, in the future we are in fact required to install the fence, we will issue an addendum or revise Page one of one of the Green Belt plans. John Thompson with Development Services at ACI-ID is preparing a letter of acceptance regarding storm run off facilities as discussed in our phone conversation with Bruce Freckleton. ACRD will accept maintenance of the facilities themselves but will not accept responsibility for "grounds keeping" within the ponds. That responsibility will be up to the Homeowners Association. Completed plans for the pressurized irrigation system are scheduled to be delivered to our office on July 28th. A copy will be immediately forwarded to your offices. When we receive approval from NampalMeridian Irrigation District and DEQ, copies will be forwarded to your office. Sincerely, l~OYi,~NCE ATv'D ASSOCIATES, I'.A. ~- STEVEN C. WELLINGTON SW/.lg 1439726 • Royiance & Associates P.A. Engineers • Surveyors • Landplanners 4699 Emerald, Suite D-2, Boise, Idaho 83706 December 22, 1994 s T le ep onh a (208) 336-7390 Fax (208) 336.7399 Project No. 1439 Legal Description Englewood Creek Estates 31.13 Acre Tract Property for annexation including Ustick Road and Ten Mlle Road rights-of--way A tract of land situated in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian; Ada County, Idaho, described as follows: '~.~iY'.~°^leS1L'Sn~ 4t ?., :outld ~*"aSS cap 1'118Taar.ea~tia-lg iha°. 1:'~d'ii w{2t.?,~i; <.pr1l^vr ~a 5eaaa Section 3, thence along the Northerly line of said Section 3, said line also being the centerline of Ustick Road North 89°-06'-49" West a distance of 285.88 feet to a set steel pin, said pin being the POINT OF BEGINNING. Thence leaving said northerly line South 00°-24'-24" West a distance of 153.00 feet to a set steel pin, Thence South 89°-06'-49" East a distance of 30.12 feet to a set steel pin, Thence South 00°-24'-24" West a distance~of 127.97 feet to a set steel pin, Thence South 47°-56'-24" West a distance of 444.20 feet to a set steel pin, Thence South 33°-02'-13" East a distance of 808.00 feet to a point, Thence South 54°-47'-58" East a distance of 100.00 feet to a point, Thence South 89°-36'-36" East a distance of 56.00 feet to a point on'the easterly line of said Section 3, said line also being the centerline of Ten Mlle Road, Thence along said easterly line South 00°-24'-24" West a distance of 59.17 feet to a point on the southerly line of said Lot 1, Thence leaving said easterly line and along said southerly line North 89°-02'-00" West a distance of 1320.93 feet to the Southwest Comer of said Lot 1, Thence lea.~~TMg said so~~therlg L.*:e a~::d ::o:~g ~".e wee c~:y '.i:.:: ;,f ssid L;~t 1 North 00°-26'-04" East a distance of 1367.32 feet to a point on said northerly line of Section 3, Thence along said northerly line South 89°-06'-49" East a distance of 1034.38 feet to the POINT OF BEGINNING. The above. described tract of land contains 31.13 acres, more or less, subject to all existing easements and rights-of--way. Prepared By: ROYLANCE AND ASSOCIATES, P.A 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax a.1~o$~lwinwondilegals11439anex DATE: ,'Sc.~.,VI.Q ~ ~ ~~ MERIDIAN PLANNING ~ ZONING COMMISSION AGENDA I TEM NUMBER ~~ APPLICANT : E Ytq LQ O ~ r fl IrS I~11 [~ AGENCY MERIDIAN POLICE COMMENTS: MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - ~ ~~ ~~'~fC6 ~'}~yy~~~1~-'~- MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~Q., 'H~GC~~-"~-~` ~OrYQ.S MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - ~?S~ ~~ ~Of ~t 25~~~~~ US WEST - INTERMOUNTAIN GA5 - BUREAU OF RECLAMATION - ~, f~'GKa CQ~~@S~x'"""'~ ~ MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: T ~ ' DATE: ~ 1 MERIDIAN ~I UNCIL AGEUDA I TEM NUMBER APPLICANT : ~n~i o_~ ~c~r~v~ .rc(~ ~ ~_ REt~UEST AGENCY COMMENTS- MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - 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 - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -~2e,. QtC4-hp-.tnC2 '~ Ca~1 MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: DFaTE: ~~,~ ~ ~ ,~~ MERIDIAN PLANNIN~D ZONING i AGENDA I TEM NUMBER ~ APPLICANT : ~ h(1 I D1 ~ ~C9~ ~ir~'YL111~"J ~ IT_ AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - 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 - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -FjrdiVigS o~ Fc~-~ ~ Co~cIUS(Gl~ o-~ L-u-~ MERIDIAN • PLANN I.NG D I RECTOR - OTHER COMMENTS: