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HomeMy WebLinkAboutLansbury Lane PP FP~~ MAC 1 ® 193 May 6, 1993 T0: Cris Williams 4185 S. Linder Road Meridian ID 83642 FROM: Larry Sale, Supervisor Development Services SUBJECT: LOUNSBURY LANE - PRELIMINARY PLAT On May 5, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reuuired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 JAMES E. BRUCE, Prudent GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary DATE: Html®t~S~ ~~aQJ MERIDIAN CITY CG,cIL AGENDA ITEM NUMBER ~ APPLICANT: t.~~1rIS V~~t tIIQyY15 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 -sP1t, "F'u~cl.~ng5 a~ Fack ~ G~ohclc~s~on5 0~ L4.~" MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS- r , DATE: 4~IlA.~ ~ ~~ MERIDIAN CITY COUN~ AGENDA I TEM NUMBER, APPLICANT : ~ ~ \~ ,(~ i I h • ~ REQUEST:. tt71 bra c 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 RECLAMATIDN - MERIDIAN CITY ATTORNEY - ~j(j D~ ~ (Q`Z MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: ~.,,_!,t~ d~....,,, ._ _ .. ___n._ ORDINANCE NO. P.~° ~~- AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 hereinbelow described: Commencing at a point on the East line of Section 1, T. 3N, R. 1W., B.M., Ada County, Idaho, said pint being S. 00 degrees 16' 23" W. 1310.89 feet from the Northeast Corner of said section and being the POINT-OF-BEGINNING; thence N. 89 degrees 28' 05" W. 1,732.50 feet to a point, thence S. 00 degrees 16' 23" W. 650.10 feet to a point, thence S. 89 degrees 28' 05" E. 1,732.50 feet to a point, thence N. 00 degrees 16' 23" E. 650.10 to the POINT-OF- BEGINNING. 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: Commencing at a point on the East line of Section 1, T. 3N, R. 1W., B.M., Ada County, Idaho, said pint being S." 00 degrees 16' 23" W. 1310.89 feet from the Northeast Corner of said section and being the POINT-OF-BEGINNING; thence N. 89 degrees 28' 05" W. 1,732.50 feet to a point, ORDINANCE Page 1 '. • thence S. 00 degrees 16' 23" W. 650.10 feet to a point, thence S. 89 degrees 28' 05" E. 1,732.50 feet to a point, thence N. 00 degrees 16' 23" E. 650.10 to the POINT-OF- BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the reason for the R-4 zoning is to allow 41 single family dwelling units to be constructed on the parcel which would be a density of 2.98 dwelling units per acre, which would be allowed in the R-4 Residential zone; that only single family dwellings shall be built containing at least 1,700.00 square feet; 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. Section 2. That the property shall be subject to de- annexation if the owner shall not plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed with at least 1,700.00 square feet. The property shall also be subject to de-annexation if the owner allows to be constructed any duplexes, does not construct caater and sewer line extensions to serve the property with fire hydrants as designated by the city water department, does not construct streets to and within the property, does not meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de-annexation, which conditions shall run with land and also be personal to the owner. Section 3. 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 4. 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 17th day of August, 1993. ORDINANCE Page 2 e , r • • • • • APPROVED: ~~`i~ OR -- G T N S ORD ATTES CITY CLERK -- WILLI G. RG, JR. STATE OF IDAHO, County of Ada, ss. I, WILLIAM G. BERG, JR., 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 AS A PORTION OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 6 /Z-- , by the City Council and Mayor of the City of Meridian, on the -~ day of ~~c~r,~~' , 1993, as the same appears in my office. -, DATED this Z ~ day of G~~~~,a~ , 1993 . City Clerk, City of M idi n Ada County, Idaho ORDINANCE Page 3 ~' ~ • • STATE OF IDAHO,) ss. County of Ada, ) On this ~ 7 day of ~li l the undersigned, a Notary Public appeared WILLIAM G. BERG, JR., knc name is subscribed to the within acknowledged that he executed the IN WITNESS my official seal written. ~s~ , 1993, before me, and for said State, personally awn to me to be the person whose and foregoing instrument, and same. WHEREOF, I have hereunto set my hand and affixed the day and year in this certificate first above - \ ~ipee ~eeoeMo,,~~ PeA, SEAL e\\,'~''a'~n.= - -"_,-,! R' '~ ~' ~. ~ -, ~: ~; l`~~~'- _FSSJ r~ 0 e~,:, c _ o 'ice v .-'L,._~ _ •: - ~ ~'. ~'J \\ ',~lllllltllli4\\\ ORDINANCE Page 4 Q~rectcl of Public for Idaho ~vts ding at Meridian, Idaho '•/!a Ca~f~l~IiSSiak eX~~r~S s///99 r ~ LEGAL DESCRIPTION FOR PROPERTY A1~ATION TO THE CITY OF MERIDIAN Commencing at a point on the East line of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, said point being S. 00° 16'23" W. 1310.89 feet from the Northeast Corner of said section and being the POINT-0F-BHGIl~Il~IIl~iG; thence N. 89°28'05" W. 1732.50 feet to a point, thence S. 00.16'23" W. 650.10 feet to a point, thence S. 89°28'05" E. 1732.50 feet to a point, thence N. 00° 16' 23" E. 650.10 feet to the POIl~i'-OF-BEGIl~Il~iG, containing 25.8560 acres, more or less. o MERIDIAN CITY COUNCIL AUGUST 3, 2993 PAGE 5 ITEM #1-It: FINAL PLAT: MERIDIAN MANOR #6, 34 LOTS BY BEDELCO, INC. Cowie: Again, I'd want to make sure that the comments from the City Engineer are met. Becky Bowcutt: I didn't receive them. Carrie: I noticed there was letters fro® Nampa Meridian Irrigation and the Bureau of Reclamation. Have you seen those? Bowcutt: We've been working with the Bureau of Reclamation. The Motion was made by Currie and seconded by Tolsma to approve the Final Plat for Meridian Manor #8 conditioned upon all comments being met. hlotion Carried: All Yea: ITEM #11: PUBLIC HEARING: TABLED FROM JULY c~ITH CITY COUNGIL MEETING, REQUEST FOR ANNEYATION AND ZONING OF R-4 WITH .PRELIMINARY PLAT FtPJOWN AS _ LOUNSBURY LANE SUBDIVISION PLUS VARIANCE TO-CIJLDESAC LENGTH BY _CHRIS WILLIA1+~iS: HZingsford: At this time I'll open the public hearing and invite the applicant or his representative to begin. David Collins, 335Qt Americana Terrace, Boise, was sworn by the attorney. Collins: This project is on Meridian Road north of Cherry Lane approximately a half mile. It's 41 lots on 13.75 acres. The client wished me to submit same sketching that he's done as to how the entry to the subdivision will look. tSketch pt^esented and explained} At the previous hearing several issues were addressed. The primary one was a request by us that you re-look at condition #13 that conditioned the piping of all it••rigation ditches, tied that to the annexation of the properties. The property to the south is not owned by Mr. Williams, the gentleman on that property has provided a letter as requested by City Council stating he would like a waiver of condition #13 as he wishes to continue agt^icultural use of the property flatter Y^ead - see tape) . Currie: The person that is on the property now is different from the owner^ of tt'ae property? . •. • (MERIDIAN CITY COUNCIL AUGUST 3, 1993 PAGE ~ Collins: Yes. Cor^rie: Does it make any differ^ence if the awner^ is not the one writing the letter? Crookston: It should be confirmed by the owner. Collins: Mr. Williams states that he daes have power of attorney an the pr^operty so if we provide that to you that should suffice for the letter. Crookston: It would be upon examination. Tolsma: Is this ditch under^ the ,jurisdiction of ar- it^rigation district? Collins: No sir, it's his ditch. Kingsfor^d: Thank you. Anyone else to offer testimony on this issue? 4~icki Welker^, 2~l57 Monaco, was sworn by the attorney. Welker^: I'm working on a property directly to the north of this subdivision owned by Mr. 8 Mrs. Hat^t on which adjoins the subdivision that I'm working on through the county on the corner of Meridian and Ustick Road. It tames within the service area from this subdivision and I wanted to ask what provisions are being made for water and sewer to go to the north from this subdivision? Collins: The sewer is being brought in on the west side of the property and will come up approximately 7QIi0 feet to turn north with a 1~1" line going to oatr north property line. Discussion between Collins and Welker - see tape. Kingsfard: Thank you. Anyone else? Na response. I will close the public hearing. Crookston: I think that it would be appropriate to have a deed r^estriction placed on that property stating that this will be complied with, to be abandoned or•• piped upon development. MERIDIAN CITY COUNCIL AUGUST 3, 1993 !WAGE 7 L` The Motion was made by Carrie and seconded by Yerrington to approve the Findings of Fact conditioned-upon reai_ewing t~-a-rawer of attorney and deed restriction stipulating ta.filling the ditch or abandoning it_ Roll Call Vote: Yerrington - Absent; Talsma - Yea; Yea; Carrie - Yea; Giesler - Motion Cari^i ed: Al I Yea: The Motion was made by Carrie and secon__ded by Tolsma to have:the attorney prepai^e Findings of Fact and Conclusi-o-n s_ of Law for the culdesac length. Motion Carried: All Vea: ITEM #1~: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL FOR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN AND DUANE STUECKLE: Kingsfo-^d: At this time I'll open the Public Hearing and invite the owner or representative to speak first. No response. Anyone else that would like to speak to this issue this evening? Na z^esponse. I will close the public hearing. Corrie: Have they seen the comments from the Engineer? Forrey: They were sent but I dan't have the exact date. The Motion was made by Yerrington and seconded by Tolsma to table this item until the next meeting. Motion Carried: All Yea: ITEM #13: PUBLIC HEARING: TO CONSIDER POSSIBLE ECONOMIC DEVELOPMENT GRANT APPLICATION FOR INFRASTRUCTURE IMPROVEMENT TO ASSIST CHECKMATE INDUSTRIES: Kingsfor^d: At this time I'll open the Public Hearing and invite our Planning Administrator to speak first. DATE: F11d.(a11`~~ ~I~a J MERIDIAN CITY C(~CIL AGENDA ITEM NUMBER ~ I APPLICANT: 1~,V1r~g ~~~,`~c'~~nns 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 - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: July 29,1993 Meridian City Council 33 East Idaho Ave. Meridian, Idaho 83642 Gentlemen, I would greatly appreciate a waiver of Condition 13 of the findings of fact and conclusions of law because the piping of the ditch would greatly impede my methods of irrigation as I anticipate the continued agricultural use of the property (Property B in the annexation application). Thus, this letter is to serve as notification that at which time the 11.35 acres located at 2675 N. Meridian Road are subdivided or developed that all Subdivision and Development Ordinances of the City of Meridian will be followed including Ord. 9-605M Piping of Ditches. However, I would request that when this property is subdivided or developed that the council consider allowing the abandonment and filling of said ditch as it directly feeds off the Onweiler Lateral to this property before dumping into the South Slough, and thus, the ditch serves only this property and no other property either upstream or downstream. Sinc e ' , Mike Cole ~ s • • MERIDIAN CITY COUNCIL JULY 2tb, 1993 PAGE b The Motion was wade by Yerrington and seconded by Giesler to have the attorney prepare an Ordinance annexing and zoning that property. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 20 UNIT APARTMENT COMPLEX KNOWN AS CEDAR CRE5T BY CHARLES WARD: Kingsford: Itew #3, it is my understanding has been withdrawn. Bill Narver: I'm with Frontier Realty Services, Inc., and I have a letter^ ft^om the owner of the p1^operty wishing to continue the conditional use permit, in addition Mr. Ward by the expiration of an ernest money agreement form no longer has an interest in the property. I have here a new party that is interested in this property. Crookston: It's a different applicant and it has to be renoticed. Forrey: The application is only in the name of Charles Ward. Crookston: I believe that this woa~ld need to be a new application. Kingsford: I'm sorry we can't hear this tonight. ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH PRELIMINARY PLAT KNOWN AS LDUNSBURY LANE SUBDIVISION PLUS VARIANCE TO CULDESAC LENGTH BY CRIS D. WILLIAM5: Kingsford: At this time I will open the public hearing on this issue and invite the owner or his representative to speak first. David Collins, 3350 Amei^icana Terrace, Boise, was sworn by the attorney. . • MERIDIAN C I TY COUIdC I L JULY `0, 1993 PAGE 7 Collins: The application before you is far a sthelsoutheast 13.75 acres on the west side of Meridian Raad, corner of which is approximately 3~ttt1' north of Waterbury Subdivision. We are proposing 41 residential lots undeer aacRe4 none. The proposal is for approximately x.98 units p The sire of the lots will be fro~a i0 to a little over 1~ thousand squat^e foot. tExplained streets - see tape)lven)haveOnevaofathe request for culdesac length texplanatian g conditions stated in the Findings we have some diffica~~elwonhthe There's two parcels of ground involved, the McCord p south and Mrs. Lounsbury's on the north with annexatioTheoparcel and development proposal for the earth parcel only to the south desii^es to continue the agric-.-ltural pursuits that are on the property at the present time. Before he would allow us to include him in the annexation he requests a letter from the City of Meridian stating that he could continue his agt^icultural uses of this property and he did receive that letter. Copies distributed to Council Members. This indicated that he would be a non-conforming activity on the parcel but after annexation that he could continue the agricultural uses on the southerly parcel and wouldn't have to develop it immediately. This throws us into a bit of a problem, the condition I'm referring to is condition #13 in the back of the packet. It states that all ditches, canals, and water^ways shall be tiled as a condition of annexation and if not so tiled property shall be subject to de-annexation. The ditch we're referring to runs on the north side of his property line and anywhere from seven to ten feet south .of our property. He does want to continue that as an open ditch on his parcel. We would propose that condition #13 be re-worded to say as a condition of development and then at such time as the annexed parcel south of us did develop they would come under the condition of course of the subdivision development ordinance where they have to the that ditch. Crookston: It's been the practice of the City of Meridian to requii^e tiling at the time of annexation and if it wasn't tiled that it would be de-annex:ed. I recall the letter and itleceveof accurate, it doesn't however reference rohosedttatbepannexed, property was going to be annexed. It was p p the tiling Y.ocult~r~ltchdExplained lnseeftape)ith the use of the property ag tDiscussion - see tape) MER I D I Ah! C I TY COUIVC I L JULY 2~, X993 PAGE 8 ~~ Collins: The lead to this ditch does cross Mrs. Lounsbury's property and we will be tiling that portion and we've worked out with him where his boxes are to he so that he can have access. Kingsford: Any other questions? Currie: Questioned which portion of ditch they are not wanting to tile. Collins: Explained on map. Kingsford: Thank you. Anyone else to testify? Joe Simunich, 955 W. Ustick Rd., was sworn by the attorney. Simunich: I would like to know the status of the Onweiler Lateral that is between the home and property and the Lounsbury property. Kingsford: I think that is the piece of ditch that we were talking about isn't it? Collins: No sir. The one on the north on our^ property will be tiled. Kingsford: Thank you. Anyone else? Mo response. I will close the public hearing. Discussion between Council Members - see tape. Kingsford: We would have to receive a letter from the property owner to the south stating that he is willing to file and r^ecognizes that he will have to pay far the entire tiling on their property and then grant a vai^iance to allow that. 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; Currie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Currie to table the annexation request until the next meeting. Motion Carried: All Yea: MERIDIAN CITY COUNCIL JULY 2l~, 1993 PAGE 9 Kingsford: Mr. Collins are you clear on what we need to have? We will need the application far a variance on the tiling and the docttmentatian from the owner of that property recognising that he is going to the it at such time as it is developed. ITEM ##5: PUBLIC HEARING: REQUEST FOR REZONE, 13.5 ACRES FROM R- 4 TO R-8 AND x.89 ACRES FROM R-4 TO LO WITH A PRELIMINARY PLAT KNOWN AS MIDTOWN SQUARE, 46 SINGLE FAMILY BUILDING LOTS AND 3 LIMITED OFFICE LOTS BY STEVEN K. RICKS: Kingsford: At this time I'll open the public hearing. Steve Ricks, 2t1-QI N. 4th Street, Boise, was sworn by the attorney. Ricks: This project is on Cherry Lane near the inter^section of Cherry Lane and 4th Street.. This is what's known as an in-fill project. The frontage of the project on Cherry Lane is approximately 3 acres, we are asking that that be changed from an R-4 cone to an LD aone and then the back 13 acres would be changed from an R-4 aone to an R-8 sane. There are two access points to the subdivision, one off Cherry Lane and another off of 4th Street. The Highway District does not requir^e that 4th Street be completed all the way thr^o-agh to Cherry Lane. There is up in the tap right hand corner of the project a four plea and a Chir^opractor's office that are contiguous to 4th Street. tFurther explanation on sane changes, road configurations - see tape) Na intentions of any duplexes. Minimum house sine will be 16510 square feet and the largest being 234t~1 sq. feet. Minimum price of house and lot would be ~1~5,Dtt1O.Oti~ and up fr^om there depending an the market. Addressed Engineer^'s comments and addressed each - see tape. Discussion on ditches - see tape. Kingsford: Thank you. Anyone else? Linda Sharpton, 133 W. 4th, was sworn by the attorney. Sharpton: We have a lease on this property which is good until March of 96, that lease includes the first option to buy which was negated when the packs entered into an agreement with Mr. Ricks. We were not aware that they entered into this agreement until we were notified of the May 11th hearing. Priar^ to that hearing we notified Mr. Rick's so he is aware that we have this lease and we were present here at the meeting an the 11th. OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Weste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer A Good Place to Live Sib ~ ~/e ~ zo T~93 - u,~: CITY OF 1VIERII~IAN 33 EAST IDAHO MERIDIAN, IDAHO 83Ci42 Phonc(20R)RR8-1433 FAX (20R) AR7-4813 (iRAN'I' V. KINCi$i'nRh hfarc~r April 13, 1993 • HUB OF TREASURE VALLEY Mike Cole 2675 N. Meridian Road Meridian, Idaho 83642 RE: 2675 N. MERIDIAN ROAD/ AND AGRICULTURAL PROPERTY UNDER THE TITLED OWNERSHIP OF DONALD Mc CORD Dear Mr. Cole: COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning 8 Planning JIM JOHNSON It has been related to me by Chris Williams, that Donald Mc Cord owns the property at 2675 N. Meridian Road, Meridian, Idaho, 83642. He has related to me that this property has been used agriculturally and for livestock. He has also informed me that Donald Mc Cord is the titled owner of the property and you hold a Power of Attorney from Mr. Mc Cord to live on the property and use it agriculturally and for livestock. This agricultural and livestock. use would be a non- conforming use if the property is annexed.. However, under the City of Meridian Ordinance 11-Z-409 D., this property may continue to be used for agricultural and livestock pu=poses-upon annexation. livestock use would have to cease. However, under Ordinance 11-2-405 B.2., if the property ceases to be used for that purpose for more than one year or the registered owner, Donald Mc Cord, sells the property and no longer continues to reside there, or his agents, the agricultural and WGC/msg Very truly yours, W /J ~ ~ Way G. Crookston, Jr. Meridian City Attorney ~; ~_ ~ - •. 3 i l , : i ~:: _ - y~ L _ N ~ N _ ~~__ 1 i p ~ c _ ~ ~ 7 _ 0 N 9 1 1 ~ t a 0 ~ ~ ~ _ I« , 1 P r 1 N r ~ _ ! -~.~ - z-;.: ~- -a ' ~ O -._ _ w • ~~ ar e - ~,, - o - _ ~~ 1 ., ~ I: t Y ~ i 1 -. 1 a i ~ e • + ~ s ! ~ ~ a~sas~.a~i~s:swa ! .~1 ' s- • ~ O ~' i 'i .~ „~$ ~ ` ~ !9 -- ~ _, ~ ~ . 4.. a N era ~ - ,, ~ .~ - ~ ~ i~ 1 ~ -- ~z ,~ -£ _ is ,~ - , '~ . - 7~ r- I t N ~M - - _ I ~~ _ - <-- _ ~ ~~ - -- - s..s ~ - ~?.. '7 ~'. ~ -°i M ~ ~Y q - ~ ~ _ a - - . _ - ~ ~ ~ ~~- f- 2 Q ~~ ' • ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~ EX~`E DEPUTY SUPERINTENDENT ,O ~~~ Dan Mabe, Finance & Administration DIRECTORS y~ Jim Carberry, Secondary ~~~\~~~ Christine Donnell, Personnel r Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 April 22, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83645 Re: Lounsbury Lane Subdivision Dear Councilmen: I have reviewed the application for Lounsbury Subdivision. This planned development will for Joint School District No. 2 to construct classrooms and/or to adjust school attendance Meridian Schools do not have excess capacity. school in the district is beyond capacity. Lane accelerate the need additional boundaries. Nearly every 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, Dan Mabe, Deputy Superintendent DM:gr ~bG~a , ~..o <: < u ~_ . _ JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary May 6, 1993 TO: Cris Williams 4185 S. Linder Road Meridian ID 83642 FROM: Larry Sale, Supervisor Development Services SUBJECT: LOUNSBURY LANE - PRELIMINARY PLAT On May 5, 1993, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall. cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are rectuired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • May 6, 1993 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. S cc: Development Services Chron Meridian City Hall ~ v INTER-DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, Prudent LONSBURY/DSTECH GLENN J. RHODES, Vice President S-S-93 CHARLES L. WINDER, Secretary TO: ACHD Commission DATE: May 3, 1993 FROM : Development Services SUBJECT: PRELIMINARY PLAT - LOUNSBURY LANE (Developer -Cris Williams, 4185 S. Linder Rd. , Meridian, ID 83642} (Engineer -Collins Engineering Co., Inc., 3350 Americana Terrace, Suite 120, Boise, ID 83706) FACTS & FINDINGS: 1. Lounsbury Lane is proposed 41-lot single family residential subdivision on 13.8 acres of property located ~ on the west side of Meridian Road approximately three-quarters mile north of Cherry Lane. There will be 1,820-feet of new public streets added to the system. The preliminary plat provides for stub streets to the north and south. 2. Meridian Road currently has 60-feet of right-of-way and is fully im- proved with 41-foot street section. This is a section line road in an urban area and the District requires 90-feet of right-of-way. The street was rebuilt in 1992 and no pavement cuts will be allowed without Commission approval. The .2000 Urban Street Functional Street Classification Map designates Meridian as a minor arterial roadway. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on May 11, 1993. SITE SPECIFIC REQUIREMENTS : 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abut- ting parcel {15 additional feet) . The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone . ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT *[,OUNSBURY LANE May 3, 1993 Page 2 2. Direct lot or parcel access to Meridian Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 3. Utility street cuts in the new pavement on Meridian Road must be ap- proved by the District ~-Commission. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies . 2. Dedicated streets and drainage systems shall be designed•-°and construct- ed in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc .) outside of the proposed street improvements . Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit. site drainage plans and calculations for review and appropriate action by ACHD . The proposed drainage system shall conform to the requirements of Meridian City and shall retain the difference between pre-development and post-development storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property . PRELIMINARY PLAT •OUNSBURY LANE • May 3, 1993 Page 3 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs . 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoxung file number) for details. 14. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- meat Services section at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: MAY ~ 5 9993 _- i .~ W ~ - ~ ~ J T.4 .;\ .._r ; __ L ~ ~O tr -.... ry U W titer ~ . __ 568. USTlCK ----- R~AD - - ~ W p , _ 2587 - ~Or"~G~ J ~JYUNTER CAr ------ ERAL ~31r ~ '• ~' ~ - \ SU TERAL -- ~- ' ~ - - _ -- ------ . --- - - Y3 i 1 C ~~;•s :u ~ ~ ~ Park C ''za • • ~ ~Q~I• Tv ~ ;• ...? l • B ~ ~ . , ~ ~r=` ~ FI e • i t: „~.~ ~ CANAL ~J ^ I • SiT-' ~ . • Esc ~ ~ ~ ~ f--: Tr ~) ~' 'sa •'~ '' o ~ ~% ~~ ~ l l :: x Z 'ta . ti . 't s^ I • '' Park ' ' . L ~ I ~ m ~ t• A 1 I 9 • •.I ~ _, ' ~ ~ 2 J !~r_--- ~ ~ ^ _ ~ ... 7 ~ ~ 710 FEE 1 ;~ I I~ ~ . ;I ~ r. uu w • ... ~ N2nemile~ •• .l ... . . - •~ N~o o o o I g _ LATERAL - ~•• ~ B 08 I 2585 I •~ _ .I , ~' ~ r •II I s 9~n i ~ ' - --- -- ~ w ° •I ~ •7 ° ~ II ~ • - ~ ANKLI • . • ' ~~ ° Park H ° Meridian ° -' Cemetery ~ u v.q o O ~ ~ .e F I ROUNDS '~ p II ~~ • T e . e~ f ye ~ °~~ o `~ 2 j~ ; o 13 6~ ~ 18 Q . Z •n ~'_ . A ~ c O ry W M • . ~ _~ ry~ ~~! F y W ~ R G O d ~--2 LANE m I I 2 LANE-- 1 • ° LATERAL 26! ° •• f 9a ~2E ~ ~ °.3 a~ao .. , .. _ - ~,~ 1 Q ~ 35 ~1°.Ci. °J% .. a N W W J 00 :ri a ~ U ?W F~ 000 CENTRAL ~ ~ ~~ DISTRICT ~RHEALTH Return to: DEPARTMENT ^ BOise ~~~~ ^ Eagle REVIEW SHEET MAY 12 '993 ^ GardenCity ~Aeridian Rezone # k/~e~ ~~ ./~ ~ ~~~°~~ ®~ MERIDIAN ^ Kuna Conditional Use # Preliminary/FinaVShort Plat ~f'~~,~5 yy~ ~~~ ~~~, dos o~,.~ ^ 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. W n approve this proposal for individual sewage disposal to be located above solid lava layers: ~ 2 feet ^ 4 feet ® 7. After carmen approval from appropriate entities are submitted, we can approve this proposal for: ® Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~' Central water ^ Individual sewage ^ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of HeaRh and Welfare, Division of Environmental Quality: ® Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ~ Central water ® 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ 13: ^ Child Care Center DATE: ~ O~/~'~ Reviewed by: ~ ~~~~ CDHD 10-91 rcb • • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 .Meridian Planning 33 East Idaho OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 & Zoning Commission Boise 345-2431 Meridian, Idaho 83642 Re: Preliminary Plat/Annexation and Zoning Lounsbury Lane Commissioners: Nampa & Meridian Irrigation District's South Slough courses along the south boundary of this project. The right-of-way of the South Slough is 60 feet: 40 feet to the right and 20 feet to the left of center facing downstream. See Idaho .Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. ~~ ~~~~- 4 Bill Henson Foreman pc: District Water Superintendent _..__ File - office File - shop -- _ ~ ,. j~~~ ~ -`~~'~tv ~ ~ - ~I~~ots~~ a ~ _~.~ 4 ,~ _ ~, ; ~i ~ f~~" ~ ~'~ °- ~ , -- ~ .,_ ~ _~ ~ ., L. -_ ~ ~ ~ 'y _" -_ _ _~ _.i - _,, `t -~~ = APPROXIMATE IRRIGABLE ACRES _ RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 27 April 1993 ® HUB OF TREASURE VALLEY ~ , OFFICIALS A Good Place to Live COUrtctLMEN WAYNES.FORREY,AICP,CItyClerk CITY OF MERIDIAI~T RROBERTGI S ERA JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO ROBERT D. CORRIE JOHN SHAWCROFT, waste water soot. MERIDIAN KENNY BOWERS, Fire Chief ,IDAHO 83642 Chairman Zoning 6 Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 ~~~°,d.l'f/ ~~ Centennlei Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MAY 1 0 1993 CiT`Y ~F ~~1~1~1,~1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY DF MERIDIAN To insure that your-comments and recommendations will be considered by the Meridian Planning and Zoning Commission, ~ ~. may we have your answer by: r- ,.. ... s ' f, . TRANSMITTAL DATE: ~ `~t 1 (qQ3 HEARING DATE:_ ~ ~, I ~Q;3 REQUEST ~~VtitS~rr1 ~CX ~lKUwu ~P~ / f~ 'nh atP Z.z4:wo ~tf SY• 5 ~ LOCATION OF PROPERTY ~~;~... OR; PROJECT: -~,, S S.I,a~ +~- t~~ '-~Z E ~ ~ ~ t `~' .3P~V~ ~ ~- 4 a ~qC s .. 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 ~DA,,hS 322-2047 ~ ~,~~~~ POLICE DEPARTMENT GARY SMITH, P.E. ENGINEER OTHER• DATE: ,~ 1(~I.YOP ~`,~ MERIDIAN PLANNING ~ ZONING COMMISSION AGENDA I TEM NUMBER L~ APPLICANT : ~1~ r~ ~ ~ ``I, ~ ~ REQUEST : ~1'1 h PYQ.~~C9Y1 .~ nh'~ ho ~c.~~I 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 C I TY ATTORNEY -S2@. 1H~1(~ChQd, r o V~I Y1C~S O ~ ~C~ MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: '' • • •~. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHRIS D. WILLIAMS ANNE$ATION AND ZONING PORTION OF THE SE 1/2 NE 1/4 SE, SECTION 1, T.3N., R.1E MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 11, 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 appearing and through Dave Collins, P.E., 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 May 11, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 11, 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 reference is incorporated herein; that the property is approximately 13.75 acres in size; it is on the west side of • • Meridian Road between Cherry Lane Road and Ustick Road; that it is adjacent to Waterbury Park Subdivision. 3. That the property is presently zoned by the county 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. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but he has submitted the consent of the titled owners, Donald McCord and Wanda M. Lounsbu~xy. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for residences and for limited agriculture; that the applicant indicated that the intended development of the property is for R-4 Residential development with houses containing a minimum of 1,700 square feet and having a vale range of $130,000.00 to $160,000.00. 10. There were no property owners in the immediate area that testified objecting to the annexation and zoning of the parcel but their were persons testifying as to water and sewer stubs, ditches and irrigation and whether tiling of ditches was going to be ' • • required. 11. That the propertlr~is in the CAIRNS Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area 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 the property can be serviced with City water and sewer at this time. 14. Ada County Highway District, the Central District Health Department, Settlers Irrigation District, and Bureau of Reclamation may submit comments and such shall be incorporated herein as if set forth in full; that the Meridian City Engineer, Nampa-Meridian Irrigation District, Meridian Police Department, Meridian School District and the Meridian Fire Chief submitted comments and they are incorporated herein as if set forth in full. 15. That the R-4, Residential District is described in the ~~ Zoning Ordinance, 11-2-408 B. as follows: (R-4~, Low Density Residential District: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to • permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-resicl~ntial uses. The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 16. That the Applicant has requested a zoning of R-4 and has submitted a preliminary plat of the parcel for approval. 17. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were followed and have been met. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have ~ti~ 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 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 anti 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 titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 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. 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 CAIRNS 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. That the requirements of the City Engineer and Nampa- Meridian Irrigation District shall be met; that any requirements of the Ada County Highway District shall also be met. • • 13. 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. 14. 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 Median. . 15. That if the conditions of approval are net met the property shall be subject to de-annexation. to ~~ c E • • 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 COMMISSIONER ROUNTREE-, *J COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the t~ , Applicants 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 Finds and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: .t~ ~ z 0 ~ ? ~ ~ o r h ~ __ w f_., , ~ a ~; ~~~~ J ~~- ~ .~ ~ . ~~ o _ ,~ ~ ~ b ~ ~ ' ~, ~ o ~ I ~ ~ ~' -~-- ~? v ~,~~ o ~~ -3,{ , ~ ~ ,~ ~ ~, _ ©~ _ '\ < < J ~o ~~ ~ ! ~' i ~ ~I f -~ -~-- j U q ~ ~ 07 ;i C" r R~ a4 f t •.9V ' S ~ S 4 r DATE: ~~,~ ll,~g~ MERIDIAN PLANNING AN~ONING COMMISSION AGENDA I TEM NUMBER ~ APPLICANT : ~f 1S ~. ~~ 1 I ( I Q~nn S ylf(5 S. Lind r'" <1_ YV12 r tr~1 I n~ v- ~ ~'c~_. '1~5~ Ln ~t ~ REQUEST: AGENCY COMMENTS• MERIDIAN POLICE -~~(~p~robla.vU+~' MERIDIAN FIRE DEPT. - ~~IUp ~f©ID~2.W-~~ ((~~~ MERIDIAN CITY ENGINEER - ~15Ce Ca,~}~ L'Ar~nw~.v~~ MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT -5~4- IA~0.G~4(~ ~OYYIYWLVI~~ MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - `1 NAMPA MERIDIAN IRRIGATION -~jQQ, ~~~ ~~~~~~ SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - ... _i..A_ ~ n_ n OTHER COMMENTS: ~' T ~' G JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE LONSS VRY/DSTECH s-s-sa DATE: May 3, 1993 FROM : Development Services SUBJECT: PRELIMINARY PLAT - LOUNSBURY LANE (Developer -Cris Williams, 4185 S . Linder 83642) (Engineer -Collins Engineering Co . , Inc . , Terrace, Suite 120, Boise, ID 83706) FACTS & FINDINGS: Rd. , Meridian, ID 3350 Americana 1. Lounsbury Lane is proposed 41-lot single family residential subdivision on 13.8 acres of property located on the west side of Meridian Road approximately three-quarters mile north of Cherry Lane . There will be 1,820-feet of new public streets added to the system. The preliminary plat provides for stub streets to the north and south. 2. Meridian Road currently has 60-feet of right-of-way and is fully im- proved with 41-foot street section. This is a section line road in an urban area and the District requires 90-feet of right-of-way. The street was rebuilt in 1992 and no pavement cuts will be allowed without Commission approval. The .2000 Urban Street Functional Street Classification Map designates Meridian as a minor arterial roadway. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on May 11, 1993 . SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way ting parcel (15 additional feet} . this additional right-of-way from benefit zone . from the centerline of Meridian abut- The owner will be compensated for available impact fee revenues in this ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 i i Richard and Gloria Fern . ~ ~ ~ 2790 N. Meridian Rd. `" . Meridian, ID 83642 •7 .M ,: Robert Flaten _ >. 2720 Venable Ln. '~,~ Meridian, ID 83642 .. `',~°,~,~~' Haven Trust Organization ;'it 2700 N. Meridian Rd. Meridian, ID 83642 t. } ,, a 1 ~ . `;~ John and Candy Homan ,: 2825 N. Meridian Rd. ",' ~~ ~ Meridian Ill 83642 ~ 4~~ ~r Verl and Merlyn King 2580 N. Meridian Rd. Meridian, ID 83642 Wanda Lounsbury 2785 N. Meridian Rd. Meridian, ID 83642 ... ;, ,:; John and Gayla Sanford 2880 Venable Ln. Meridian, ID 83642 Edward and Loretta Sweet 2640 N. Meridian Rd. :~ `~ Meridian, ID 83642 ~. ;' ;: ; .,.:= ,, ..: ;,i; ~.~: ~, ~. ~~ `. S ~ ~ ~aµe. ' y ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNE S. FORREY, AICP, Clty Clerk JANICEGASS,Treasurer ITY OF MERIDIA COUNCILMEN R BRUCE D. STUART, Water Works Supt. N RO ERTGES ERA WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ROBERT D. CORRIE BILL GOROON, Police Chief Phone (208) 888-4433 Chairman Zoning & Planning GARY SMITH, P.E., City Engineer FA}C (ZU8) 887-4813 JIM JOHNSON Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS OM DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Me~,r~id~ian Planning and Zoning Commission, may we have your answer by: j VI. ~hi.J w.. .~w_ _ /_ a Aw.~ TRANSMITTAL JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z .GRANT KINGSFORD, MAYOR RONALD TDLSMA, 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 ~„ ;~s «. MERIDIAN SCHOOL DISTRICT MERIDIAN;PQST OFFICE (PREL.B FINAL PLAT) A13A COUNTY HIGHWAY DISTRICT ADA..:PLANNING ASSOCIATION `~ ~CENfi~RAL 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. 8 FINAL PLAT) BUREAU OF RECLAMATION. (PREL. 8 FINAL PLAT) WAYNE FDRREY, AICP, PLANNER CITY ATTORNEY n CITE FILES 1 1 GARY SMITH, P.E. ENGINEER HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, Clty 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., Clty 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 & Planning JIM JOHNSON Centennial CAOrdinator 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 I the Mer~ian PlanningAand Zoning Commission, may we have your answer by: TRANSMITTAL DATE: ~~i.. ~, f w~~ HEARING:.,: _ 1/~~ac~ 11. 1 ~`Q~ REQUEST: BY: ~ht LOCATION OF S Ss ~ii ~t ~ l.OT7 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z .GRANT KINGSFDRD, MAYOR RONALD TDLSMA, C/C BOB CORRIE, C/C HOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIA1d.PQ$T OFFICE (PREL.B FINAL PLAT) ADA COUNfiY HIGHWAY DISTRICT ADA...:PCANNING ASSOCIATION ,N_w, - ~ rCENfi~RAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. S. WEST (PREL. B FINAL PLAT) INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY ~-~~ ~'l~ CITY FILES OTHER : /i'!¢,~~.Y~ ~2~ /~~ ~s ~~ ~/~~~ae /~ GARY SMITH, P. E. ENGINEER ~/°~bl~"°" ~ ` ~ ~'~~ S ~fa6~%vesid~ ~~ ~'u.I~~v;s%~ t,~i~4- ®Nf~ flfR~~Or~1e ~~~~~~Pe~.s ?®.~.~ T;M.L°~k~ tw.r HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUWCILMEN P City Clerk CITY O F ME R I D IAl~ A JANICE GASS, Treasure ROBERT GI SLER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning KENNY BOWERS, Fire Chief 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 TRANSMITTAL TO AGENCIES FOR COMMENT5 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: REQUEST• ~® BY : ~~-15 ~o LOCATION OF PROPE <.~: ~,,. .~. .~.~.~ <~ ~~ HEARINS;:~~~D ~+. .. _ , _ ~Rr~ ~?ROJECT ~ ~~t ,bri.v° JIM JOHNSON, P/Z ~~,. MOE ALIDJANI, P/Z `'~~,..,~ JIM SHEARER P/Z ~'~`° CHARLES ROUNTREE, P/Z ''4~.~u~= 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 _' ~ ~ g Y, } ~`~9 ~.>, l ~' ~~ t ~" ~C... ~ t,/ ~; .~,0 rlA..:.~ ~. ~ r( MERII~3`D SCHOOL DISTRICT MERIDI;;QFIST OFFICE (PREL. & FINAL PLAT) A~ COUiuTY HIGHWAY DISTRICT x ADA,„NPiANN I NG ASSOCIATION ~; ~fc~'TRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. 5. WEST (PREL. 8 FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: GARY SMITH, P. E. ENGINEER J y~ v J I~ 1 ~1 i9 i fy~~_i ~, ~ ~~ ~ I ~~~ I c , ~ ; b ~- 1 ~ ~ '~ n ~ ~, F ---,~ ~- y j 'N ~ ~ ~ ~ _ ~ m - ! ~ _ 'Q_ ~ ~ ~ ~ ~ ~ ~ . i 0~ ~. ~ © ~ N, ~ ~ n ~ ~, ; ~ ~ '~ ~ v ~ ~ { ~ ~ ~ ~ o ~ r ~ ~~ -~~-~~ ~ o ~~ ~` ~~y~ 3 ~° SS r ~_ ~ 5 / Z ~ s Q 1 `~ o~ Z C m ' HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNES.FORREY,AICP,CItyClerk CITY OF MERIDIAN JANICE LASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EA5T IDAHO JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief BILL CORDON, Poiice Chief Phone (208) 888-4433 GARY SMITH, P.E., City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEMIDRAPJDUM T®: MAYOR, CITY C®UPdC I L, FR®M: GARY D. SPIITH, P. E. COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennlai Coordinator PATSY FEDRIZZI May b, 1993 A9VR1I P!G $ Z UP1I IVG RE : L®UPISBURY L~I~V'"'~ ~ ~~':~•~~ t APJPdE la AT I Z I I RIA~•~,PL AT rr~ w: ~. k~~< ;.. I have n e v i ewe ti~~ t h~i s tt a :~o"~`'~'" r ~h e `~°~~ far your info>~ ation and. or on 'det~ati n as x; applicant dur g you ec si m J in~ pr~~cess 1. Launsbu ~ rm r i ~ cant i g~.t>,~.ts t c~ ~~ F~le~~~r' cantigu ~ s toy 'the pt°ii~y annexed 6Peterso ) parce~~. ~ M ~~ ,~ .:.:~ . ~. The chor' dish ~ ~~~~ lots~p ~. miui mum. ~.'~; ~, ~ ~ k ,s" s a ;~"~ ' ~ ~ rx ,, ~. Lat s and B1 o°c~' s~nee t o be numbereid~ ~ ~: "~,:. ~. Chow street nam~~~""°~: ; allowing camments auditions of the parcel which is Waterbury ParFs must be 4~d feet, Es. A variance request is required for the length of culdesac shown. The maximum culdesac length, from center of intersecting street to center of culdesac, is 4~~1 feet. ~-. Rlothing is shown on the submittal regarding proposed sanitary sewer, damestic water, drainage and/or irrigation ditches, fire hydrants and street lights. These items need to be addressed. Sanitaa^y sewer access is a problem as a route needs to be established westerly out of this property (and not down a lot line), across adjacent property not in ownership of either Lounsbdtry or McCord and under the Gauth Slough. The sewer service question has been discussed with the applicant in only a very general way. This needs to be resolved. ~ ~ 7. Who will be responsible for maintenance of any storm drainage facilities? I1. The right of way width shown in the notes is 4@1 feet. Should this be 5-~ feet as shown on the drawing? ~. The applicant has proposed a landscaped parkway to help soften the straight line of the main road. I have talked with Wayne Forney with my concern of higher than normal vehicle speeds on this roadway alignment. Wayne suggested positioning several landscaped islands on roadway centerline with adjacent "eye-brows" in the curb and gutter to help slow the vehicular traffic. ~ ~ ~` :aa:ra:r.. _6 ~ 0 ciisi~iii~nsiiii iiii::~::aeisi;ii~ ~ !!lSSS3~1!lSSSSl: ~~~ gP~ ® ~epo n~aarsa~~~~tees ii:iiiii:rasrii:i~ ~ gq ~' $~ N :aa:ar:: ~ ~ r ......... y:t r raaa • o Td ~ ~g ~t~~q; aris~teoigattrrra9 ~ ~ 4ii444~~F~ti;E!S4a~° ~ a [1~ i ' ~ naoanwuaaanj iiiiiiiiisisiiisi ; n ~ :.sp-rrsrrra:rr.r iistissiisi:iiu':! i ,, ~~ h e.sa.rrarara.aa.t~ aiiiiiCiiiOiiiiii S.SIIIIrrrarrIIIICII.rY iisi iieieiiiiiii ~ i t [ i i i t~~iaaiiiiiegiiia' scrs~s;~ieii~iiir ~ r- V g9S9:~9lSlSS~~39!! ~ ~ a - ~ N a sraa De.~e. ~ a eaan as -+ ~r ~ o ~ i ~ y: C r . i l.,d~ ~ yZ~ m ~ ., i , 'a_~ % ~ z o~ ~ C i ~ a w ~ °z < ~ o ~ ,~ ~ ;wr> ~~D ' ~ ~Z . ; m .~ ~ ~ g ~ ~ < ~ I 1 i I ~ ~ +! 1 ' ~ ,'~ A M1I 1 ~ ~ ~~ y ) ' f c `y D .. •r~•r .. r.~ . N• . r a nu.~ ~"l ~ ~i c~~ ~ ~ Af N ^\ ~' • I. GENEP.AL INFOP,IdATION FILING INFOP.t`•1ATION Lounsbury Lane _ _ (?RUPtiSED NAP-IE OF SUBDIVISION) S.E.z,N.E.a Section 1, T.3 N., R.1 E. (GEIQERAL LOCA'i'I ON ) (LEGAL DESCP.IPTION - ATTACH IF LENGTHY) Donald McCord - Property (B) 888-1548 Wanda M. Lounsb~~ry -Property (A) .. ._ _ 888-6654 (Ot•7NEP, (S) .:OF RECOP.D ) ( NAIvIE ) ( TELEPHONE NO . ) (B) 2675, N. Meridian Meridian, Idaho (A) 2785 N. Meridian ,Meridian, Idaho 83642 ( P.DDRESS) . Cris D. YVilliams 888-7620. (APPLICANT.). (NAME) (TELEPHONE N0.) 4185 S. Linder ,Meridian, Idaho _ 8.3642 (ADDRESS) , Collins Engineering Co., Inc. 344-4451 (ENGINEER, :SURVEYOR OR PLANNER) (NAIe1E) (TELEPHONE N0.) 3350 Americana Terrace Ste. 120, Boise, Idaho _ 83706 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF_.SUBDIVISION - RESIDENTIAL, C0Tu11v1ERCIAL, INDUSTP.IAL) +50 ACRES OF LAND IN CONTIGUOUS OZ•JNERSHIP.. • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR F.EZONE MERIDIAN PLANNING AND ZONING COI~4I~IISSION (ACCEPTED BY:) (FEE) • May 2,1993 Mr. Wayne Forrey Meridian City Planner 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Wayne, This letter will serve as a signed affidavit that the properties at 2785 and 2675 North Meridian Road have been posted for public notification concerning their annexation and zoning into the City of Meridian pursuant to the City's Ordinances. The information on the notifications include: address of subject properties, annexation request, current and requested zoning, and time, date, and location of public hearing. I appreciate the opportunity to work with you and if you need any additional information concerning my application, please don't hesitate to call. Sincerely, Cris D. Williams CDW/ls 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). Daren R. Coon Secretary of the Board NAMPA & MERIDIAN IRRIGATION DISTRICT c~ cn c~ r-1 N a7 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 #890100; 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. ~ o ~ o cy .--i o y v ~~ ::- :s., ~ -~} w L ~ _ .~~ ~~ ti.: o ~ rn r-1 N ., ~ ~ .1 ~ c ~ ~ '~- '~' 1L~,~L 4 ~ ~ "~ ` Y ~ V ~~ CV Q~ .~( >- t~ ~ {- ~2~i0022 NAMPA & MERIDIAN IRRIvAT10N GI~~~I~.I~r AE,~ ~~rUN~fY, I D. FQR .._.,. J. DAVID Nri'PARR f~EG6RQER ~~ '92 JUN 1~ PSI 1 `~- d „-+ ~ r • u NAMPA i MERIDIAN IRRIGATION DISTRICT Board of Dir®otors° Poliop for Changes of Land IIse or 8it4 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. Qeneral 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 (2) 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: $650.00 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, BE IT FIIRTHER 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- r ~,,.~_ ~ a ~ ~ STATE OF IDAHO ss. County of Canyon On this 16th day of Juno 1992, before me, the undersigned, ~ 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. 'd®~' ~ N . M '~i~ 0°~0 ~ ~N~p~~~ ~~ ~•~~i ~.• ~~ ~o~ ARC .~~, ; fir: -•... : ~ L :. J~ 1, i . Notary Public -State of Idaho Residing. at Caldwell, Idaho My Commission Expires: 11/04/94 -4- •~_~ • ~Qp&ME,po ~~/ON ~~~ NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) GENERAL INFORMATION 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 • e ~ 'i F r 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 - Page 2 of 2 ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on May 11, 1993, for the purpose of reviewing and considering the Application of CHRIS D. WILLIAMS for annexation and zoning of approximately 13.75 acres which property is generally located North of the South Slough and generally described as the Southeast 1/2 of the Northeast 1/4, Section 1, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.- That the Application requests annexation with zoning of R-4. Further, Applicant, Chris D. Williams, has submitted an Application for a Preliminary Plat of the 13.75 acres described above and the public hearing will also concern that Application. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this ~ day of April, 1993. WAYNE S. ORREY, AICP CITY CLERK • • a ` x ~ - e~ ~ j~ 3 5 ~ w•ma~ v .os.wm •e y w•ws •• .m.as.m •e ~ a 3 N (l • I ~~ I I g g ~ W X C W I OO'le 1 I 1 1 g Q 1 I 1 I 1 e I 1 ~ 1 I 1 I V C A ~ Z; ~ a~~ ' a -~ v ~ ~ ~ ; ~ } _ ~ i o w~ I , m ~ ~~ ~ v '/~ W N ~ N Z a b I ~ .. ~ J J I I OZ" • I J o ,.~~apP•,.~.~~p~ e ~ rpppp pprpp rriig~ ~O8ii2808B~~it667b I 8%%8%%i%8aita8%aa I ~%%%%%b%%%%%0%%%%% I gtIIIIittiOIIaft8ii6a O I ba•Liaaaaaaaaaai~C Z O F ~ :uaaisaua;asses ~i~dd~sidedid^de~e a :uas:aiaaa:aaai ~ q i i=dd:aiiiiisiod=i I 6ti88888868888888 ~ . I OaaaaaBaBaaaaa6 I ' ~ %s%§%sbti%%i%%%%~sb ~ ~ , +%aesea%a%%a%i%'s%% a r~i $ ~ • ti8%%ii%7t%%%%%.R % ~_.. ••••••a:aaiaa: g ~ ~ '~ ~$ a:ae:aasiuansas id f f { e.oo. a iidssifa ~ o oiii g ~ cot e i . ~~~ J ~~ r rr r r•rrrrrr s°araaa~i~~a'siaassa E6686888868iii888 %%%%%%%%76%%%%t%% d ••••••••aaaa:aa: I i ' 4 T: m 2 U W `^- y C W ~31~di. T. 3 !•. Y3°37 °830 e~ N ~ ~ J 00 N F. ~ ~ Z ~U ~ 'L .. ~ .Q 4v ~ y A ~ W y m ~'~ 710 Q~0 Key Bank of Idaho , Commercial 8E~rnational Services • BANK go se, 8D 83702 KFY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEP BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY @MT OF IDAHO KFY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHD.. KEY BANK OF IDAHO KEY BA.\A € ~ ~ DECEMBER 22, 1993 ~ '~ Z ~ m o ~ ~ ~ WE HEREBY ESTABLISfff OUR .IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1319 IN ~ ~ _ FAVOR OF CITY OF MERIDIAN, 33-.EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642 FOR THE N ~.? Z a ~~Q ACCOUNT OF CRIS Do WILLIAMS, DEVELOPER OF LANSBURY LANE SUBDIVISION, 4185 S. `~ ° ' 9 CINDER,. MERIDIAN,. I®AHO 83642, UP TO THE AGGREGATE AMOUNT.. OF THIRTY TWO m ~a E m m THOUSAND .NINE HUNDRED FIVE AND NO/100 DOLLARS. ($32,90S.Q0) AVAILABLE ' BY E E Z w ~ o ~ BENEFICIARY'S DRAFTS DRAWN AT SfGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, ~ ° ° BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOVih. ~-° ° ~ __ ~ ~ ~ ~ BENEFICIARY'S SIGNED STATEMENT CERTIFYING THAT THE DEVELOPER HAS FAILED TO ~ao ~ m = W ~ COMPLETE CONSTRUCTION OF LANSBURY LANE SUBDIVISION FOR ONE OR ALL OF THE ~~o ° " ~ FOLLOWING: `~Eca s C ~ m $ ~U~ 0 1. STREET LIGHTING PER ENGINEER DRAWINGS (NOT TO EXCEED ($4,000.00) FOUR THOUSAND DOLLARS). ~ a ~ 2. NO PARi®NG SIGNS (4 SIGNS NOT TO EXCEED ($80.00) EIGHTY DOLLARS). 3. SEWER. ACCESS ROAD SUITABLE. FOR A ONE TON VEHICLE (PER WRIGHT _CONSTItUCTiON SPECIFICATIONS NOT TO EXCEED ($1,500.00) ONE THOUSAND FIVE HUNDRED DOLLARS). a O 4. PIPING ®F THE ONWEILLER LATERAL (NOT TO EXCEED ($27,325.00) TWENTY ,SEVEN THOUSAND THREE HUNDRED TWENTY-FIVE DOLLARS). A COPY OF LETTER OF DEFAULT FROM THE CITY OF MERIDIAN TO THE DEVELOPER MUST BE o DELIVERED TO KEY BANK EVIDENCING THE NOTICE OF DEFAULT. SPECIAL INSTRUCTIONS: THE BENEFICIARY WILL NOTIFY THE DEVELOPER OF DEFAULT BY ~ A MINIMUM OF 30 DAYS PRIOR TO COLLECTION OF FUNDS. UPON COMPLETION OF CONSTRUCTION OF EACH ITEM,-:THE CITY HAS 3 WORKING DAYS IN WHICH TO RELEASE THE ASSOCIATED FUNDS UNDER THIS LETTER OF CREDIT... Z PARTIAL- DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. THIS LETTER OF CREDIT IS EFFECTIVE DECEMBER 23, 1993. m m ~ ~ WE HEREBY AGREE V~ITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS $ ~ ~ ~ SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST .IDAHO STREET, s ~ m ~ BOISE, IDAHO 83702. ~~_ ' ~ ~° J THIS LETTER OF CREDIT EXPIRES JUNE 26, 1994. ALL DOCUMENTS MUST BE PRESENTED ON o ~ ; ~ OR BEFORE EXPIRY DATE. T ~ ~ G -~ ~ r 3 ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF E ~ a BENEFICIARY. ~. o EEm ~ ~: ~Em ~ / w ~ ~ m ~ m ! c am s c ~ e ~LOUANN J. SO ES M L ~ $ y V.P. 8~-MGR I~.TERNATIONAL INTERNATIONAL OFFICER a `° H ~n t Htr,l fU V~,~ ! G9 ~ i~u ' , =~oN 1iM ~'~Hb01d0 t~At9 t39 9Ht'(11 i0 HVtl8 l3A OHYt11 i0 AVVB .l3N OHYOI 30 VAVB 43M OHYQI d0 YNY8 l3a OHV~I iO NVbA liV ~:HCrll ~~i ... "I :J "~t`i .i7 ~ ~~rtl ;O l'•`7 !._ THE FACE CF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FC ~ rROPOSni, ~ Masco, Inc. 4850 Henry 8t. Boise, Id. 83709 Phone 362-6152, Fab 362-6199 PROPOSAL SUBMITTED TO Chris Williams STREET ADDRESS 4185 S. Linder CITY. STATE ZIP CODE Meridian, Id __ ENGINEER PROJECT NAME Lansbury ~ i PROJECT ADDRESS Meridian. Id. DATE OF PROPOSAL Dec. 21. 1993 __ 18" PVC Irrigation 1655 Ft @ $ 15.00 $24,825.00 Irrigation Box 3 Ea @ 500.00 1.500.00 Total $26,325.00 MASCO SHALL BE PAID FOR THE ACTUAL QUANTITIES INSTALLED AT THE ABOVE UNIT PRICES. PAYMENT IS DUE UPON PROGRESS BILLINGS EACH 30 DAYS, 5% RETAINAGE UNTIL FINAL ACCEPTANCE BY GOVERNING AUTHORITY. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to the specifications and standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond Masco's control. Masco's workers are fully covered by Worker's Compensation Insurance. This proposal may be withdrawn by Masco if not accepted within 15 days from the date of proposal. Masco, Inc ~ ~, Authorized Signature: Da e Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. Masco is authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature: ~: Date 1 1520 Main Street • Boise, ID 83702 ~ 208-342-7446 ~ Fax 208-342-0577 BTD Prepared on 12/23/93 Account 375 LANSBURY LANE Contact CMRTS WTLLTAMS Phone FAX BOT5E, TD ALUMINUM - .040 POWDERCOA7ED GERBER HTGM PERFORMANCE VINYL WEEDING & PRODUCTION LABOR C©st per sign Z !~ X ~~ ~~/~ s ~ 6~ S w r ~ ~ ~ U~ ~d ~~~ 21 .64 THIS BTD VALID FOR 30 DAYS FROM 12/23/93 ~k~lc xc ~c;K ~I::k ~Ic ~Ic ~k ~Ic:k ~Icxc xc ~K ~Ic ~c ~k Xc ~k Xc Xc ~Ic~k ~k ~Ic Xc~K Naic ~k ~Ic ~icxc ~k Xc xc ~k~k xcxc ~c ~k ~Ic ~Icak ~c ~k ~Ic ~--~- 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN 7o insure that your comments an~ recommendations will be considered by the McY-idian may we have your answer by: 1 Iq9 3 TRANSMITTAL DATE : iaJzc~ 19 3 REC~UEST : 1~ E3Y t`~ LOCATION OF -~ -~~~. ~ ~ ~i la-~~ ~ 11•.. JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/I 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 CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~~a , )JECT : NG DATE : I1 ) LJI ~ ~3 ui`'V° CA y1 ~ ;~r ~~ ' ,~;,; :tY ~q -3.~ ~ r 4 / COUNCILMEN RONALD R. TOLSMA ROBERT GIESLEA MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON CentenNat Coordinator PATSY FEDRIZZI in q Ce. ~ cat ~- "~~ a~, d~d~fi ~~~ hd e~ ~~-~: ~, „_~B~fITAN SC~OL DISTRICT r`~~IIERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) Y :- ADA CbUNTY HIGHWAY DLSTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT Hf{tLTH NANPA MERIDIAN IRRF~IFISTRICT Sf~TLERS IRRLGATIQIh DISTRICT .. IDAHO POWER-CO,;.~(~RELIM AND FINAL PLATS) ~~ 4~5:~~~tEST (PRELIM AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLE~ A Good Place to Live CITY OF MERIDIAI`T t Y~,.•L.` ': f'UF- St1I3PI \' l c: ] ?T. h}'} ROVA • u • }'RF:LIh1INAR)' FLAT AND/OR FINAL PLAT FLAIJNING ANI) ZONING COA1h1ISSI0N TIMF ']'AT3LE F'OR SlJ}3MISSIUIJ: A request for preliminary plat approval must be in the City Clerks possession ilo later than three days following the regular meeting of the Planning and Zoning Commission. 7'}le P1 anning and Zoning Commission will hear the request at t}re mont}ily meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P,M., Thursday following the Planning and Zoning Commission action. GENFRAI, INFORA'IATION: 1. Name of Annexation and Subdivision, ~,A,'VSBURY LANE 2. General location, S.E. z, N.E. a, Section 1, T. 3N., R. 1W. 3. Owners of record, Cris D. Williams Ac3c3ress^4185 S. Linder, Meridian~~d. Zip~hq~ Telephone 888-7620 ~_ 9. Al,pl.ic:ant, Same. Address, 5. L:nyineer, David M. Collins Firm o11;nG Pnar_ ~•~ddress 3350 Americana TTerrace Ste.120 , Boise, Id. Zip 83706 Telephone 344-4451 G. Name and address to receive City billings: Name Cris D. Williams Address 4185 S. Linder , Meridian, Id Zip 83642 Telephone 888-7620 PRELIMINARY PLAT CIIF.ChLIST: Subdivision Features 1. Acres 13.5878 2. Number of lots 45 3. Lots l.~er acre 3.31 ' 9. Density per acreT 3.31 _ , 5. 7.onirlg classification(s) R-4 6. If the proposed subdivision is outside the Meridian City limits but within t}~e jurisdictional mile, what is the existing zoning classification N/A 7. Does t}re plat border a potential green belt No. f3. 13ave recreational easements been provided for NO. 9. Are there proposed recreational amenities to the City No_ _ T::~:plain 10. Are there proposed dedications of common areas? yes, Explain ThP,~~ wo is.~ands as well as two l~ndsca~~trj,~. For €uture parks? No. Explain !11 ~)Ul.S'1' I'OR F'3?i:LIMINAI:Y I'LA'i': P] arming avid 'boning Corrunission continued gc ~ • • PRI::i~7.^l1NTeRY PIlA'I' ClIFCY..1,15`I': Subdivision features continued 1.1. 5ahat school (s) service the area Mez'idia_n___ do you propose any agreements for fut~ire school sites NO. ,T Explain ~~ 12. Other Froposed amenities to the City None. l~7ater SuPF>1Y City. Fire Department Merldlan. Other. None. , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential. 19. Type of Dwelling(s) Single family, Duplexes, Multiplexes, .other Single-Family. 15. Proposed development features: a. Minimum square footage of lot(s), 8,000 min. s.f. b. Minimum square footage of structure(s), 1,600 c. Are garages provided for, Yes square footage Variable d. Are other coverings provided for NO. e. Landscaping has been provided for yes. , Describe Landscape lots ~d lalndsc~oed i and~,__ A _ f. Trees will be provided for _yes. `I'r.ees will be maintained H~nwnPr g. Sprinkler. systems are provided for Yes Association. h. Are there multiple units No ~'ype N/A remarks None. i. Are there special set back requirements None. , Explain j. Ilas off street par}:ing been provided for~~s Explain _ 2 spaces per lot. }:. Value range of property_ $ 115,000 to $ 150,000+ 1. Type of financing for development Line of Credit m. Protective covenants were submitted Date 16. Does the proposal land lock other property No. , Does it create Enclaves No. STATEMG1~7T5 OF COMPLIANCE 1.. St:rcets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will~be five (5) feet in width. 2. Proposed use is in conformance with the City of Peridian Comprehensive Plan. (2) x --- _ - - ollins ~ ngineering " ompany, Inc. ~~ 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 STATEA9ENT OF COMPLIANCE AleID OONFORMANCE David M. Collins, P.E./L.S. 18 October 1993 The attached final plat has been prepared in substantial compliance with the approved PP.ELIMINARY PLAT OF LOUNSBURY LANE subdivision and meets the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The purposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided and street names will appear as approved by the City and/or County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. ~ i~_ ~ ~~~0~ ~ ~G~ ~® ~ . ~4L HYDRAULICS HYDROLOGY HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING .~ 36 pus ~ <.. ~ L U Ii: ti' w C 5L ~~ ~~8 p00m t~ _ 31 T. 3 noon-' '+J J/ '~30 o~ :~ m d ~ O O N ~ ,; i -.- -~.U 3 w ~` 6 ~ N ~. w H 0 ~'~ 71~ ~Q~ 8 1 f O J O F a U ti K W h O O %)EC-2~0-'93 TLJE 1~AX ~Sf~N P d3 1 . v, r r r r.+r. i. s. s i i i r y, r... v. i...+r rri r r i r i s i are i r r v s s pAT~`: . fl % ~ PA iocano~: Fa~r~r~ - Erisrarsawi~Araaraiaarai..r....ier....r...e~vrr...raiiariii.r,ralr~wvravrriiiarrraieri..rarraairiarriniiiiirroriaviaaiii July ~r Y993 , .. Meridian City Cauttdl 33 East Idaho Ave. Ivleridia~, Ideho 83642 Gexetlemexe, I would gr~atiy apgreclate a waiver of Condif#on 18 of the Endings of fact and canclusians +af 1aw fuse the pigind of the ditch wou~,d dy :tnnpede ~y azethods of irrigation as I end pate the continued sg~i~aT use of the proPertj' (Ftoperty B iit the annexation appkcstton). Thus, this Zeller fs ~ serve es notiflc~ation that et which time the 11.35 acres located et 2675 N. M~r3dian Road are vided ar developed that all Subdivision and Uevelappment f?rdfinanc~ of the City of Mexidlan wilt be follaw~ including Cbrd. 9M Ftpbzg crf D~c3~. ~awever, T wottXd r t that when this pxopezty is subdivided or developed mat the trouncll cons3~allowing the abanda~ent anc~ of said ditch es it directly feeds a~' the Chtweiler Lateral to this before dumping into 'the South Siougt~ end thus, the ditch sarve~ onip~y~s psopertq and nc~ other property either ups~r~n or downstream. t Sine e~y, 1VPke Cole ~ ~ July 29,1993 Meridian City Council 33 East Idaho Ave. Meridian, Idaho 83642 Gentlemen, I would greatly appreciate a waiver of Condition 13 of the findings of fact and conclusions of law because the piping of the ditch would greatly impede my methods of irrigation as I anticipate the continued agricultural use of the property (Property B in the annexation application). Thus, this letter is to serve as notification that at which time the 11.35 acres located at 2675 N. Meridian Road are subdivided or developed that all Subdivision and Development Ordinances of the City of Meridian will be followed including Ord. 9-605M Piping of Ditches. However, I would request that when this property is subdivided or developed that the council consider allowing the abandonment and filling of said ditch as it directly feeds off the Onweiler Lateral to this property before dumping into the South Slough, and thus, the ditch serves only this property and no other property either upstream or downstream. Sinc eqy, ,. ~' - Mike Cole `+ JUL 31 '00 14 59 FR PUBLIC WORKS 2088871297 TO CITY HRLL P. 02/02 .Iuly 31, 2000 Meridian City Council 33 E. Xdaho Ave. Meridian, Idaho 83712 Dear Meridian City Council, R,~CE~D J U L 3 1 2000 CITY OF MERIDIAN I am the developer of the Lansbury Lane Subdivision offofN. Meridian Road. When we constructed the sewer in 1993, we constructed approximately 8001inear feet of offsite sewer. ?his line services both Lansbury Lane and other properties in the vicinity of Ustick and Meridian Roads. We, therefore, would like to enter a latecomer's agreement with the City of Meridian in order to be reimbursed from the other property owners that will benefit from this sewer extension. Sincerely, Cris Williams Developer, Lansbury Lane Subdivision ** TO rF,L PAGE. 02 ** DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANSBURY LANE (A Residential Neighborhood) ADA COUNTY, IDAHO THIS DECLARATION is made on the date hereinafter set forth by Cris D. Williams, hereinafter referred to as "declarant"; WITNESSETH: WHEREAS, declarant is the owner of certain real property in the City of Meridian, county of Ada, State of Idaho, which is more particularly described as: Lansbury Lane, according to the official plat thereof on file in the Office of the County recorder of Ada County, State of Idaho; which real property is hereinafter referred to as the "property." NOW, THEREFORE, declarant hereby declares that the Property shall be held, sold and conveyed subject the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with and bind, the Property and each and every part, parcel and Lot thereof, and be binding on all parties having any right, title or interest in the Property or any part, parcel or Lot thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS ACC: The Architectural Control Committee of Lansbury Lane Subdivision. Association: Lansbury Lane Homeowners Association, Inc., anon-profit corporation organized under the laws of the State of Idaho, or any successor or assign of the Association. Board: The duly elected and qualified Board. of Directors of the Association. Building A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith. Common Area: All real property, water and sewer systems owned by the Association for the common use and enjoyment of the Owners. Declarant: Cris D. Williams; his successors and assigns or such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Declaration: This instrument as it may be amended from time to time. Lot: Any plot of land shown upon a recorded subdivision map of Lansbury Lane with the exception of the common areas. Owner: The record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract purchasers, but excluding those having an interest merely as security for the performance of an obligation. Project: The Property and all contemplated improvements thereto. Pro er :The real property constituting Lansbury Lane according to the official recorded plat thereof, and every part, parcel and Lot thereof, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration of Covenants, Conditions and Restrictions by Supplemental Declaration, pursuant to the provisions hereof for the annexation and addition or additional parcels of real property. Street Trees: The trees planted and maintained by the Association which line the streets of Lansbury Lane. ARTICLE II PROPERTY RIGHTS Section 1. Owner's easements of enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, subject to such reasonable rules and regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) fine Association shall have the right to suspend the voting rights and right to use the Common Area of an owner for any period during which any assessment against his Lot remains unpaid for a period not to exceed sixty (b0) days for any infraction of its published rules and regulations; and (b) The Association shall have the right to dedicate or transfer all or any part of the Common Area to any public. agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 2. Delegation of use. Any Owner may delegate his right to enjoyment of the Common Area to the members of his family, his tenants or contract purchasers of his Lot, provided such designees reside on the Property. ARTICLE III RIGHTS RESERVED BY DECLARANT Notwithstanding anything to the contrary contained in this declaration, the Declarant expressly reserves unto: (a) Itself, its employees, successors and assigns, its agents, representatives, contractors and their employees, easements and rights-of--way on, over and across all or any part of the streets for vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns. (b) Itself, its successors and assigns (including any district or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), easements on, over, under or across all or part of the Common Area, and the utility easements as provided on the recorded Subdivision Plat, and any subsequent subdivision plat, for installation, use maintenance and repair of all lines, .wires, pipes, and all other things necessary for all such services. provided that any such lines, wires or pipes shall be underground and, further, provided that all work done in rnnnection therewith shall be performed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of such work; and (c) Itself, its employees, successors, assigns, agents, representatives, contractors and their employees, the right to use the Common Area, where applicable, to facilitate and complete the development of the Property, including without limitation the use of the Common Area, where applicable for: (1) Construction, excavation, grading, landscaping, parking and/or storage; (2) The maintenance and operation of a sales office and model units for sales purposes; (3) The showing to potential purchasers of any unsold Lot, unit or improvements within the project; (4) The display of signs to aid in the sale of any unsold Lots or part of the project. ARTICLE IV BUILDING RESTRICTIONS Section 1. Building Restrictions. Each Lot shall be restricted to one single family dwelling. No structure shall be erected upon any Lot which shall exceed two (2) stories in height. All buildings shall be of frame, stone or brick construction and shall be finished, painted, and kept in good repair. The size, configuration, style and finish of each proposed building or structure on each Lot shall be subject to architectural and aesthetic control pursuant to Article VII hereof. Section 2. Building Location. No building or other structure shall be located on any Lot nearer to the side street line or side yard property line than allowed by the applicable ordinances of the City of Meridian. In any event no building shall be located on any Lot nearer than twenty-five (25) feet to the front property line; provided, however, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to minimize the negative visual appearance of a uniform building line, but not less than twenty-five (25) feet. No building shall be located nearer than the applicable Meridian City and Idaho Fire Code allows. Some Lots will have common access for utilities. These Lots will be designated and approved by the ACC prior to the construction of the building. Section 3. Easements Easements for installation and maintenance of utilities, irrigation and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other matter shall be placed or permitted to remain which may change the direction of flow of drainage channels in fine easements, or which may obstruct or retard the flow of water through drainage channels in the easements. Except that in the easements reserved for and maintained as walkways, there may be erected or placed, materials on the surface of the ground to be used as a footpath. The purpose of these improvements shall be to limit maintenance, improve appearance and provide improved use as a walkway. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner ,except for those improvements for which a public authority or utility company is responsible. Owners will allow access to their Lots- for the maintenance of the Street Trees by the Association. Section 4. Dwelling Sales Price Quality and Size No dwelling shall be permitted on any Lot at a certified appraised sales price of less than $115,000.00 including Lot, if in question it will be verified by a Senior Real Estate Appraiser, based on cost levels prevailing-on the date these covenants are recorded. It being the intention and purpose of the covenants to assure that all dwelling shall be of quality workmanship, materials substantially the same or better than that of which can be produced on the date these covenants are recorded at the minimum sales price stated herein for the minimum permitted building size. The ground floor area of the main structure, exclusive of open porches and garages, shall not be less than 1,600 square feet for a one (1) story dwelling, nor less than a total of 1,800 square feet for a split level or two (2) story dwelling. (a) All roofs shall have a minimum 5/12 pitch with either wood shingles, wood shakes, file roofs, or Architectura125 years (or better) dimensional asphalt shingles. Any other roofing material product that may become available in the future would need to be specifically approved by the ACC. (b) Each dwelling building shall be provided with a minimum of a suitable 2 car garage and a minimum of permanently maintained off street parking space of 2 cars. All garages must be built with respect to the side yard setback described in Section 2 of this Article. Unconnected or stand alone garages may be built toward the back of the Lot but no car ports are allowed. (c) The work of constructing any residence or building shall be prosecuted diligently and continuously from the commencement thereof until the same is completed. All structures shall be suitably painted, colored or stained upon completion. (d) The ACC or its authorized agent shall have the right at all times to enter on or upon any Lot or building site that is vacant or unplanted or untenanted by the owners thereof, and to plant, trim, cutback, replace and or maintain hedges, trees, shrubs, flowers and any other landscaping on said property, and/or to keep cultivated and/or remove plants on any portion of any Lot or building site of said properly, and the ACC, or any agent thereof shall not be deemed in any manner of trespass. When the owner of a parcel or Lot so planted or maintained by the ACC shall give written notice to the ACC, the ACC may, within thirty (30) days, and thereafter until work on said improvements is commenced, transplant, remove or dispose of any and all of the plantings which may have been made_by it. . (e) The cost of any planting or maintenance undertaken in Section 4(d), shall be assessed against the Lot or building sites upon which such maintenance is done and shall be added to and become a part of the regular maintenance assessment or charge to which such Lot or building site is subject under Article VII hereof and as part of such regular assessments or charge, it shall be a lien and obligation of the owner and shall become due and payable in all aspects.as provided in Article VII hereof. Any dispute relating to the assessed costs shall be reviewed by the ACC upon petition by the owner aggrieved by the assessment. The ACC may conduct a hearing on any petition filed, but in any event shall render a decision within thirty (30) days following filing of the petition and shall make its findings available to the aggrieved owner. Failure within said thirty (30) day period shall render the assessment costs for maintenance void and shall cease to be a lien against the property. Section 5. Fences; Hedges No fence, hedge or boundary wall situated any where upon any Lot shall have a height greater than six (6) feet, or such other lesser heights as the ACC may specify, above the finished graded surface of the ground upon which such fence, hedge or wall is situated. However, Each Owner, prior to occupation of any Building, must construct a uniform six (6') foot wood slat fence (as designated by the ACC) along fine back lot lines in order to create a uniform boundary for the neighborhood and to protect the Owners and neighbors of the Project from any potential land use disputes. No fence shall be constructed of any material other than wood or brick nor finished in other than a natural finish, except as may be specifically approved by the ACC. No fence except an open rail fence (or as approved by ACC) shall be constructed so as to extend toward the front of the Lot past one-half (1 /2) the depth of the dwelling structure built thereon, or closer than twenty (20) feet to any side Lot line adjacent to a dedicated street on a corner Lot. No fence, hedge or shrub planting with an elevation above three (3) feet shall be permitted in front of one-half the depth of the dwelling structure built thereon without special written consent of the ACC. No fence, hedges or plantings of any kind may be planted in the area between the curb and the Street Trees except as approved by the ACC. Section 6. Billboards; Si ng_s. No sign of any kind shall be displayed to the public view on any Lot except one (1} sign of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder to advertise the Property during the construction and sales period. The Association may maintain two (2) subdivision identification signs, and appropriate informational signs, upon the Common Area, of a size and design approved by the ACC. No other signs shall be placed or maintained upon the Common Area. Notwithstanding the provisions of this Section 5, Declarant shall be entitled to place such signs, of such size, as Declarant may deem appropriate, to identify the Project, relate information with regard thereto, and advertise Lots for sale. Section 7. Landscayine. Prior to the beginning of construction of the dwelling house upon any Lot, the Owner or his agent shall submit a landscaping plan to the ACC for approval. Each Lot shall be improved prior to the occupancy of the dwelling structure with the landscaping specified in the plan approved by the ACC: The initial landscaping shall include, as a minimum, sod in the front and side yards; sod or grass seeded in the rear yards, two (2) trees of at least two inch (2") caliper or one (1) pine tree at least six feet (6') in height in the front yard, three (3)-five (5) gallon plants and five (5) one (1) gallon plants in the front yard. In no way should these plantings interfere with the Street Trees. The use of berms and sculptured planting areas are encouraged. Section 8. Unsigh~y Structures or Practices No unsightliness shall be permitted on any Lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures or appropriately screened from view. All refuse, garbage and trash shall be kept at all times in covered, reasonable noiseless containers, which shall be kept and maintained within an enclosed structure or appropriately screened from view, except when necessarily placed for pickup by garbage removal services. Storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened form view. No lumber, grass, shrubs or tree clippings or scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot. Section 9. Vehicle and Equipment Parking_ No campers, recreational vehicles, trailers, boats, motorcycles, snowmobiles, snow Removal equipment, golf carts, or similar equipment or vehicles, except those owned and or leased by the Lot owner and for the personal use of the Lot owner and or his immediate family, shall be kept or stored upon any Lot. Such vehicles or equipment shall not be parked on any street, nor shall they be parked or stored in the area between the front plane of the dwelling unit on any Lot and the street. Such vehicles or equipment as permitted hereunder shall be appropriately screened from the. street view. No working or commercial vehicles larger than three-quarter ton, and no junk cars shall be parked on any Lot or street. Section 10. Material Storage. No building material of any kind shall be placed or stored upon a building site until the Owner or his builder is ready and able to commence construction and then such material shall be placed within the property lines off the building site upon which the structure is to be erected, the ACC and/or Association, through its agents, shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. Section 11. Exterior Antennas. No outside television antennas, radio aerials, or similar devices or structures shall be installed on any Lot or the exterior of any structure located thereon. Satellite dishes shall be permitted only if located behind the back plane of the dwelling structure (toward the rear of the Lot) outside of any building site setbacks, and if appropriately screened from view from any direction. Section 12. Control of Exterior Walls Roof Etc. The visual harmony and aesthetic appeal of the project being of mutual concern to all owners and having a direct bearing on the value of Lots and improvements thereon. Each house shall include some brick, stone, stucco; or other distinctive design features on the front exposure. The ACC shall have the right to control the texture, design and color scheme of the outside walls, fences, roofs and patio roofs of all structures erected upon Lots, and to require basic landscaping. The owner shall not repaint the outside walls or fences without first obtaining approval of the ACC as to the color. All patio roofs shall be of a design and color consistent with the roof of the dwelling unit. Section I3. Street Trees. Irrigation of the Street Trees will be integrated into the sprinkler systems of the Lots in which the Street Trees exist, and thus, is the responsibility of the Owners of said Lots. If individual Owners neglect this responsibility, the Association may assess a lien against said Lot for the replacement of the trees. Routine maintenance (spraying, pruning, etc.) of the Street Trees is the responsibility of the Association and the Owners will grant access to the Lots for such purpose. As the Street Trees are an integral part of the atmosphere of Lansbury Lane, the Owners may not prune, trim or physically change the appearance of the Street Trees in any manner without Association approval. Declarant makes no guarantees or warranties, either written or implied, as to the life-span of the Street Trees and will not be held liable by the Association for the replacement or repair of the Street Trees. Section 14. Mailboxes and Mailbox Posts. As the mailbox posts are an integral part of the atmosphere of Lansbury Lane, the Owners may not physically change their appearance in any manner without Association approval. All mailboxes will be uniform in shape, size and color as determined by the ACC. Nothing may be attached to the mailbox posts (newspaper boxes, etc.) and all lettering and numbering attached to the mailbox posts and mailboxes must be uniform per the ACC. The Association will maintain the posts. If, however, the mailbox posts are neglected, abused or damaged by an Owner, a lien will be assessed by the Association against said owners Lot in order to repair or replace the damaged mailbox post. Section 15. Exterior and Entrv Wav Li hung. No exterior lighting or entry way light shall be installed or maintained on any Lot (or structure thereon) which interferes with the use and enjoyment of adjacent Lots, or without prior approval of the proposed installation by the ACC. Such mechanisms shall include a photo-cell device which causes the light to automatically illuminate during the period from sunset to sunrise. Section 16. Irrigation. In accordance with the provisions of Idaho Code Section 31-3805 the declarant assumes no responsibility for providing water for irrigation purposes and the purchaser acknowledged the following. (a) that irrigation water may or may not be available (b) that the purchaser of the Lot must remain subject to all assessments levied by the irrigation entity; (c) that the purchaser shall be responsible to pay such legal assessments, - (d) that the assessments are a lien on the land within the irrigation entity. Section 17. North 3rd Ave. No parking will be allowed and no Lot access will be allowed on North 3rd Avenue as it is a restricted right-of-way. Section 18. Movin¢ of Buildings• Construction of Outbuilding No buildings or structures shall be moved onto the properly. No trailer houses or similar mobile unit designed for overnight accommodation shall be parked in any street or within building set back lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a Lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted, No building of any kind shall be erected or maintained on a building site prior to the construction of a permanent dwelling. Notwithstanding the foregoing restrictions, a portable construction office may be placed upon any Lot during the period in which construction of a dwelling unit thereof is in progress, provided that such office may not remain or be kept upon such Lot for more than three (3) months. Section 19. Livestock and o~trv No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot. There may be kept up to two (2) household pets provided that they are not kept, bred or maintained for any commercial purpose. The applicable City of Meridian ordinance providing for leashes or pens will be strictly observed with reference to household pets. - Section 20. Oil and Mining Operations No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 21. Sewage Disposal No individual sewage disposal system shall be permitted on any Lot Section 22. Noxious Use of Property No portion of the Common Area, or any Lot or any structure thereon shall be used for the conduct of any trade or business or professional activities. Noxious or undesirable acts or undesirable use of any portion of the Property, including but not limited to, acts or uses causing loud noise which interferes with the peaceable enjoyment of neighboring properties, is prohibited and shall not be permitted or maintained; provided, however, that an office or model home for the purpose of the development, construction and sale of the Lots and homes in the Project may be maintained by the Declarant. ARTICLE V LANSBURY LANE HOMEOWNERS ASSOCIATION Section I.Oreanization of Association• It is contemplated that simultaneously with the execution and recordation of this Declaration of Covenants. Conditions and Restrictions (the "Declaration"), the Association will be incorporated, and the Association will adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of the Incorporation (the "Articles") or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. Section 2. Association Membershiv Every owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may no be separated from ownership of any Lot. Section 3. Voting Ri hts. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all owners, with the exception of the Declarant (during the period when the Declarant is a Class B member). Each Class A member shall }~ entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any lot, all such persons shall be members. the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The sole Class B member shall be the Declarant, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships. (one Class A membership for each Lot owned) when the total votes outstanding in Class A memberships equal the total votes outstanding in the Class B membership. Section 4. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors (the Board) and such officers as the Board may elect or appoint, in accordance with the Articles and By-Laws, as the same may be amended from time to time. Section 5. Association Powers. The Association shall have all powers of anon-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the By-Laws or this Declaration. It shall have the power to do any and all lawful things which may be authorize, required or permitted to be done under the Articles, the By-Laws or this Declaration, and to do and perform any and all acts which may be necessary or proper for, or incident to, the proper management and operation of the Common Areas and the performance of other responsibilities including, but not limited to, the following: (a) Assessments. The power to Levy Assessments on the Owners and/or Lots and to enforce payment thereof in accordance with the provisions of this Declaration. (b) Enforcement. The power and authority to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By-Laws, or Declaration, and to enforce by mandatory injunction all provisions thereof. (c) Delegation. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. (d) Liabili .Neither any member of the board nor any officers of the Association shall be personally liable to any Pariy for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, its officers, or any other person who has, upon the basis of such information as was available, acted in good faith without willful or intentional misconduct. Section 6. Association Duties. The Association shall have the obligation to conduct all business affairs of common interest to all Owners and to perform each of the following duties: (a) Common Areas. Perform the operation, maintenance and management of the Common Areas and landscape easement areas for Lansbury Lane, including the repair and replacement of property or improvements thereon damaged by casualty loss and all other property owned by the Association (including all mailbox posts and Street Trees). (b) Taxes and Assessments. Pay all real and personal property taxes and assessments levied against the Common Areas owned by the Association or against the Association and/or any property owned by the Association. (c) Utilities. Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and other services for property owned by the Association. (d) Insurance. Obtain and maintain in effect insurance policies including, but not limited to, All-Risk insurance and Comprehensive public liability insurance. The extent of such coverage's will be determined by the Board. (e) Si a e. Maintain, repair and replace all permanent entry and special identification signs for Lansbury Lane. (fl Landscaping_ Maintain, repair and replace, if necessary, all Street Trees and Common Area landscaping for Lansbury Lane. (g) Lighting_ Maintain, repair and replace, if necessary, all street lighting not maintained by public entities and Common Area lighting for Lansbury Lane. (h) Mailboxes. Maintain, repair and replace, if necessary, all uniform sidewalk mailbox posts for Lansbury Lane. (i) Architectural Control Committee. Appoint and remove members of the ACC subject to the provisions of this Declaration. (j) Enforcement. Perform such acts as may be necessary to enforce any of the provisions of this Declaration. ARTICLE VI COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments The Declarant, for each Lot owned within the Property, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: (a} Annual assessments or charges; and (b) Special assessments for capital improvements; such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection and reasonable attorneys' fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the owner of such Lot at the time when the assessment falls due. The personal obligation for delinquent assessments shall not .pass to his successors in title unless expressly assumed by them, but unpaid assessments shall constitute a continuing lien against the Lot until paid. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare and economic well-being of the residents in the Project and for the improvement, operation and maintenance of the Associations properties. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per Lot. The annual assessment may be made payable (by action of the Board of Directors of the Association) on a monthly basis, one- twelfth per month, or on a quarterly basis, one-fourth per quarter, in advance. Increases in the amount of the annual assessment shall be limited as follows: (a) Each year, beginning with the calendar year beginning January 1 of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased effective as of that January 1, (and each year thereafter) by action of the Board of Directors of the Association without a vote of the membership, by an amount of not more than fifteen percent (15%) above the prior year's assessment. (b) For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or any subsequent year, the maximum annual assessment may be increased more than fifteen percent (15%) above the prior year's assessment only by an affirmative vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4. Specsal Assessments for Capital Improvements In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or part, the cost of any construction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for anv Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3(b) or 4 of this Article VII shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting the presence of members in person or by proxy entitled to cast fifty-one percent (51%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than ten (10) days nor more than thirty (30) days subsequent. Written not less than five (5) days in advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by the presence in person or by proxy of twenty-five (25%) of each class of membership. Section 6. Uniform Rate and Date of Commencement of Assessments Due Date. The monthly assessment provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. Both monthly and special assessments must be fixed at a uniform rate for. all Lots. The Board of Directors shall fix the amount of the monthly assessment against each Lot by December 1 preceding the annual assessment period beginning January 1. No further notice of the monthly assessment is required by the Association. The due dates shall be established by the Board of Directors. The Association shall upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. Section 7. Affect of Non-Payment of Assessments, Remedies of the Association. Any assessment not paid within thirty (30) days after due date shall bear interest from the due date at a rate of twelve (12%) percent per annum. The Association may bring an action at law against the Owner personally obligated to pay same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Area or abandonment of his Lot. Section 8. Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first or second mortgage. Sale or transfer of any Lot shall not effect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. ARTICLE VII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. In order to protect the quality and value of all homes built in the Project and of the continued protection of the Owners thereof, an Architectural Control Committee, consisting of three or more members to be appointed by the Declarant is hereby established. At such time as the total number of Lots owned by Declarant (including Lots in any Annexed Property) total less than ten percent (10%) of the total number of platted Lots, then the membership of the Architectural Control Committee shall ~ appointed by the Board of Directors of the Association, to succeed the prior Committee membership upon such appointment. Section 2. Procedures. No building, fence, wall, patio cover, window awning, landscaping, or other structure shall be commenced, erected, or maintained upon any Lot, the Common Area or other properties within the Project, nor shall any exterior addition to ar change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, location of the same, and such other detail as the Committee may.require shall have been submitted to and approved in writing by the Committee. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it in such form as may be required by the Committee, in writing, approval will not be required and this Article shall be deemed to have been fully complied with, ARTICLE VIII NIISCELLANEOUS Section 1. Sewer Covenants. The fallowing covenants shall run with each Lot and any Common Area affected hereby and shall be binding upon each Owner (a) No Lot may be used or occupied for any allowed use unless the same is connected to the public sewerage collection system constructed and installed within the Property. (b) All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall be paid by the Owner at the time of construction of the Improvement thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and in such amount as shall be required by the ordinances and regulations of the municipality having jurisdiction thereof. (c) A monthly sewerage charge shall be paid to the municipal entity after connection to the system in accordance with the ordinances and regulations of said municipality. (d) Each Owner hereby authorizes the municipality having jurisdiction thereof to bring any action it deems necessary or required for the collection of any fees or charges due for sewer service connected or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the collection system or use thereof. Section 2. Indemnification of Board Members. Each member of the Board and ACC shall be indemnified by the Owners against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be party or in which said member may become involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expenses or liabilities are incurred, except in such cases wherein said person is adjudged guilty of willful .misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best interest of the Association or Owners. This Section shall extend to and apply also for the indemnification of the Declarant. Section 3. Amendment. This Declaration may be amended as follows: (a) Declarant Until title to a Lot within Lansbury Lane is conveyed by the Declarant to an Owner, this Declaration may be amended or terminated by the Declarant by recordation of a written instrument signed by the Declarant and acknowledged setting forth such amendment or termination. (b) Owners Except where a greater percentage is required by an express provision in this Declaration, the provisions of this Declaration may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Association, certifying that such amendment has been approved by a vote or written consent of Owners, including the Declarant, owning at least two-thirds (2/3) of the Lots in the Project, and such amendment shall be effective upon its recordation with the Ada County Recorder. Section 4. Acce Lance. Each Owner, by accepting a deed, accepts the same subject to all of the covenants, conditions, restrictions, easements and other provisions set forth in this declaration and agrees to be bound by the same. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this -day of 1993. sy: STATE OF IDAHO County of Ada Cris D. Williams On this day of 1993, before me a notary public in and for said state, personally appeared known or identified to me, has executed the within instrument. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ---------------------------------- Notary Public for Idaho Residing at ___~M __ ____ Commission expires: • May 16, 1996 ~,~~1 V~~ IHAY ~ ~ 199 Cris D. Williams 4185 S. Linder Meridian, ID 83642 Re: Block 2, Lot 8 Dear Mr. Williams, Lansbury Lane Subdivision c~ITY ®F MERI®IAi~ Since we first occupied the property in November 1995, we have experienced three separate floodings due to the irrigation ditch on the west side of our property. We have already noted erosion of the ditch bank into our yard and one flower bed has already been drowned out. If left uncorrected this condition will cause significant damage to our yard, We have contacted the Nampa & Meridian Irrigation District. We spoke with Mr. John Anderson, who indicated that legal precedent is most likely on the side of the farmer since his irrigation operation was in place long before the subdivision was created. Therefore, as the developer responsible for preparation of the subdivision, we would appreciate your cooperation by investigating and correcting this situation as soon as possible. Respectfully, GyG~ _ Harv . Lyter III and 480 W. Claire Court ;~ ~ . Vic Yor L yter Mendian, ID 83642 884-8032 cc Wes Waldorf and Sons Construction Nampa & Meridian Irrigation District Meridian Planning and Zoning Commission i ~ i -~~'I~ / ) j G C~ ~'Zl~~) s ~~ti ~ 1 v ht S ~S /V ~ ~~ FED ~ 9 195 ~;l~t Y ~r ~~~~~i~ / hi S ~u.~O~~J~s~d~" h fl'S ~l ~..2 `e ~/ % `iJ ~ n~~e~ ~~~ c~ ~~~k Qs~ ~ D~ N" Q~ ~~yP~,~ QG~~y bo- K i~ L AMBROSR (1113.1%x) O. F17ZGR<tAID. PA /~` AYNB G. CROOSSPON, JR. PA J\(`~;/J{/J wuaaAtit.~scawAaaizz Jom+i a P[!ZCffitAID II. PA ~~ AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT L1W 1330 WEST STATE - P.O. BO% 4Z7 7'ffi~SONS (2~ albNil PAI~IYIDB ~ ~El.1lN MERIDIAN, IDAHO 83680 THIS FIRM II~cI.uDEs PROFESSIONAL CORPORATIONS July 14, 1994 Robert M. Flatten C10 Boise City Police Dept. 7200 Barrister Boise, ID 83704 RE: Sewer Easement along the South Slough a/k/a Finch Lateral and in favor of Lounsbury Subdivision Dear Mr. Flatten: You executed a sewer easement on July 7, 1993, wherein you granted to Chris Williams, his successors and assigns, the right to place sewer lines in the easement across your property and to "enter upon said premises at any and all times with machinery, tools and equipment, vehicles and materials necessary for the purposes provided herein". As you no doubt are aware, this easement was assigned to the City of Meridian by Chris Williams on November 22, 1993. The City of Meridian now holds all the rights that you granted to Chris Williams and fully intends to exercise all those rights. You granted the right to construct, reconstruct, install, maintain, replace, operate and use said sewer system in, upon, over and across the easement. You did retain the right to use and enjoy the easement premises but subject to the right of the grantee, which includes the City, to use the same for the purposes expressly granted. Your rights are restricted such that they do not interfere with the use and occupancy of the easement by the grantee, which is now the City of Meridian. You also specifically granted the right to maintain and repair the sewer system and premises. To maintain the sewer line it is necessary to have the graveled access road over and along the sewer easement. Further, Wayne S,. Forrey, the previous City Clerk and Planning and Zoning Administrator, recalls discussing this easement with you and at your request encouraged Mr. Williams to extend the sewer line to Lounsbury Lane through your property. I have enclosed. a • i w letter that the City of Meridian received from Wayne S: Forney which definitely explains his relationship with you and the routing of the sewer line. He further states he informed you that if the sewer crossed your property it would have to be in a City approved easement with a graveled access road and you indicated to Mr. Forney that the easement and road would be acceptable to you. Therefore, based upon the easement itself and the representations you made to Mr. Forney, who was at that time the City Clerk and Planning and Zoning Administrator, DEMAND IS HEREBY MADE UPON YOU, to fill in the ditch or trough you have placed in the graveled access road and repair the road such that it is in the same condition as it was prior to your placement of the ditch or trough and that you permanently allow the City of Meridian access over that easement by means of the graveled access road and that you allow the City of Meridian to maintain that graveled access road. If you do not honor this DEMAND, suit will be entered against you to declare the rights of the easement and the City would request the Court to award attorneys fees and costs to the City of Meridian and that the City of Meridian have judgment against you for those attorneys fees and costs. Very truly yours, 2 ~. ~ V WAS~~E'~ CROORSTON, JR. -Me idian City Attorney RON R. TOLSMA President, Meridian City Council WGC/jld Enclosure pc: Gary Smith City Engineer John Shawcroft Sewer Superintendent Wayne S. Forrey, AI(~ Urban Planner and Development Analyst Meridian, Idaho 83642 ,~ „ 52 East Franklin Road -Meridian, Idaho 83642 ~l! 5 July 19.94 ~omore~ersive ~IannlnQ i ^_~ty c• F.ecionai Mayor Kingsford and City Council • r'ian Up~ates 33 East Idaho Avenue ,L.Lert a~f@CiG^i~C.^, ,.na•^,~ .ant ~___. = s _~-,~ Cap e!^c:mert ai _n.. . ~~p0:l2 [,CnS . n'; ae;r~;;.,.r e ':ern i j ~e~: ralization p~9^5 tCCnCT! Cep: e!Cgm,•nt Ccr.mur.ity Ce•:eioo^:enc _...~ F~aP;sts :~~i -..c rg 3;:aegies ~Ub',J PC'iCy ro;ect t an-gemer.; Cuntrac; "~'jn .. ".~y .,...... ~._,.res Dear Mayor Kingsford and City Council Members: A~-+-~-~ Telephone (208) 887-~ Fax (208) 887-o^G-= ~~ ~~' ~~ ~~~~~ Shortly after Jack Niemann passed away, I received a call from Mr. Robert Flaten complaining about legal notices being mailed to his property address in Meridian and not his residence in Boise. After my explanation, he better understood the legal notice procedure and withdrew his complaint. During this conversation, Mr. Flaten asked me if the City of Meridian would encourage Mr. Chris Williams (Developer of Lansbury Lane Subdivision) to extend the sewer line to Lansbury Lane through his property. He indicated that he wanted to enhance the value of his investment property by getting sewer service on the north side of the South Slough. He further indicated that he preferred the sewer not go through the Ramon Yorgason property. I informed Mr. Flaten that if the sewer crossed his property, it would have to be in a city approved easement with a gravel access road.. He indicated to me that the easement and road would be acceptable to him. This afternoon, I ran urto Mr. Chris Williams at the Food Town grocery store and he discussed with me tonight's City Council review of the sewer easement and road across Mr. Platen's property. When I told Mr. Williams about my prior conversation with Mr. Platen, he asked me to write this letter to you to verify that Mr. Platen understood there would be a sewer maintenance road across his property. I hope this gives you some useful background information. Res r y, ayne S. Forrey, AICP ivl?mhOC .'.ngr"_~., :n;.~._.:.,: .. , -.. , _.. .-rr~'iC_ ~ ~ - . -~_ ~,. _ - .,_tl0 ~~.-. ascC:i:~;;^ / ~/ G ~iYd P~~a/L~r~ ~~rr~'~~/~ July 6, 1994 Mr. Grant Kingsford Mayor, City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Removal of offsite sewer dirt Dear Mayor Kingsford; This morning, subsequent to last nights City Council meeting, I intended to initiate the removal of the excess dirt left on Mr. Flatens' property from sewer construction. However, the existing trench placed by Mr. Flaten.has restricted my access for such purpose. Therefore, this letter is sent to assure you that once access is available to me that the situation will be expediently remedied. I would at this time also like to note that this situation was not.an oversite on my part but rather was approved by Mr. Flaten last fall subject to a final grading which was performed this March by Masco, Inc., the sewer contractor. I will now take the necessary measures to remove the dirt from this area, however, I find it unfortunate that this unsatisfactory condition was not communicated to me when the heavy equipment necessary to perform this task was still on the premises. Thank you for your time and patience. Sincerely, Cris D. Williams cc: Gary Smith, City Engineer J U L 0 7 1~~4 t•~~riaian City Engineer • ITEM #16: TONY BOHNER: SEWER EASEMENT MAINTENANCE ROAD - LANSBURY LANE SUBDIVISION (CHRIS WILLIAMS}: Rohner: I am representing Mr. Chris Williams on the Lansbury Lane sewer access road matter. The purpose as 1 requested to be here is based upon the June 2, 19941etter that was sent out by the City of Meridian that was Signed by Mr. Smith your City Engineer which basically revoked the acxeptace letter whcih the City of Meridian. issued to my client for installed on site sewer and water systems and off site sewer system for this project. And the purpose is to try to let the Council know exactly what occured there and what happened. Looking at Mr. Smith's letter and I have talked to him, the City was concerined that the developer may have had some knowledge and based upon a conversation that the City had with the owner of the (inaudible) the one that owned the real property in which the easement was granted (inaudible) that he had not given permission for this access road. And of course Mr. Williams said yes I did and Mr. Flagon said no he didn't. I requested my client if there was anyone else that he was aware of that may have had knowledge of Mr. Flagon's understanding and that is what brought about the July 5, 1994 letter. Each of you have a copy of it signed by Wayne Forrey, your former City Project Administrator and Planning & Zoning Administrator in which Mr. Forrey is telling you the Council and Mr. Mayor that he had a conversation with the owner of the (inaudible) estate prior to the easement being granted. You will notice in the frst paragraph shortly after Jack Niemann passed away, I understand that was in March or April of last year I believe this discussion and Wayne is here and he can testify to that in June of 1993. You will notice by that letter that this (iaudibie) estate owner requested of my client to bring the sewer through his land so it would enhance the investment value. And at that time Mr. Forrey in his capacity as the Planner for the City informed him very clearly that would require an easement and require the access road. And so the importance of that is to let you know that we were operating, or my client was operating in good faith that this was known by the person at the time this easement was to be granted. Now, the actual requirement of the City as far as an access easement road did not come about until October of 1994. And Mr. Mayor if I could to aid you and the Council we have prepared a chronological list fo events that ocxured in this matter and with your permission I would like to approach and give a copy to you, we have given a copy to the City Engineer. So, Mr. Mayor. Kingsford: Have you been privy to the one that likewise was prepared by the City Engineer Rohner. Yes, I was and if you will excuse my, you will notice I have some check marks on mine, those are ones we inserted in addition to what the Engineer had in his. I think that is important, you will notice that the actual easement which we received from Mr. Flagon the owner of the (inaudible) estate was dated July 6. So it was prior to that time that Mr. Forrey spoke with him in his capacity with the City in regards to what he put in his July 5, 1994 letter. So, this person was well aware of it. Now, the easement was granted by Mr. Flagon, it was presented to the Gity, you will notice and I think the City Engineer's office I believe (iaudible) Mr. Crookston reviewed that on about December 22, 1993, there were some changes that he had requested with regards to a (inaudible) description other items were put in. But what I think is important here is that the time of the easement then went through the acceptance approval of this City. The.City was well aware of their requirement of an access as we were and my client firmly beleives in what he felt with a conversation with the City that the language of the easement which allows the maintenance of this easement in such a way as to allow for the sewer to be maintained and taken care of would involve and allow an access road. Now, in hindsight, if the easement hadn't been written sure it is much better to write in there access road, gentlemen, we don't have that in there at this time. What I am trying to show you is that t think from a (inaudible) the easement can be construed as such to require that so that we have the maintencance language. But what is important for my clients point of view is that once the easement we beleive went through the approval stages my client (inaudible) all the time, Mr. Forrey (inaudible). Once the road was built, you will notice in this list of chronological events, (inaudible) May 5, 1994, that is when we started the off site sewer road construction. We didn't complete it until May 23. What is important there gentlemen, is that to build this road we went right next to where the (iaudible} lives. He saw or had to see the gravel trucks going in there. The final approval of the system was on May 26, it wasn't until after that on May 27 in the evening Mr. Williams received a call from Mr. Flagon saying I ddin't want the road. June 1 the accepatance letter was issued by the City to Mr. Williams, at that time as Mr. William's understands it he discussed the phone call that he received from Mr. Flagon with the City Engineer's office in referrence to what had occured at that time and he believed that the gentleman that he had discussed this with in the City Engineer's office and that was Bruce Freckleton. And wanted the Engineer to Mr. Flagon saying wait a minute that road is a part of that easement agreeement. Mr. Flagon, went ahead as the City knows put a trench across that road and (inaudible) and says you can't use it. So, that is where we are now, we built the access road, we felt he knew it all the time, we felt the easement as drafted is broad enough. The easement with the knowledge of the City with a access road was required, believe was accepted. I want to clear up this concept that I think the City Engineer had that my client acted in bad faith, becuase we felt all along the (inaudible) had it. So, that leaves us Mr. Mayor and Council members between a rock and a hard place. I realize it is the job of this Council to look out for the best welfare of the citizens of this town. The sewer was our requiremmnt, we felt we did it in good faith. Waht are the alternatives that we can look at in this situation, I guess some of them are 1, we could try and buy Mr. Flagon out. That doesn't seem to be acceptable nor the price can be negotiated that would be reasonable. Secondly, move the sewer but you can't do that the other side is already platted and of course that would be a tremendous expense to try and move that 405 feet at this time. Third would be allow the road to be moved and allow us then to maintain it without the road. I realize that you have a letter from the sewer department saying that is not feasible. And 1 understand what they are saying, I will say this, if you look at their letter, they say it is probably remote that a problem .will occur (inaudible) pipe in that situation. And although the machinery for removal of plug would not be as easy as if you could drive right up to it. Again the only time you couldn't drive up to a plug in this type of situation is if you had bad weather. So, it has to be bad weather combined with a remote possibilty of a plug that you need the access road anywhere. My client is willing to contractually take on the responsability with the City if that alternative • • would be available saying if a plug comes up, he will take the cost of seeing that it is done. I beleive that at time if for instance here is this scenario it is wet out there and we need to get it plugged, (inaudible) that a person would be,in (inaudible) in order to bring trucks or equipment in there in order to .maintain that easement. That is what the easement says in that situatioin, that would an alternative. The fourth one t think the best one is and I think (inaudible) we beleive that this (inaudible) owner came to the City, came to Mr. Forney and tried to #aik this developer into doing it. Mr. Forney mentioined that to Mr. Williams, we have done it, the `(inaudible) owner knew that (inaudible) now he waits until we have done it he waits until it has been approved he knows that we have sold lots. There are some builders out there that have put thier money and time in place and I think it is highway robbery (inaudible). And Wayne knows these procedures as well as I do, there is a defense out there called a (inaudible) no it is not a part of it. We would request tha# the City do not revoke our right to continue that subdivision. Go ahead and send a letter to this gentleman saying the easement was there, the easement allows up to maintain it, we beleive that he was aware of it. And the next step then would be his ballgame in that situation. But I trust the Council wouldn't allow him to hold us up and the tremendous financial responsibility we have in operating what we feel is in good faith and in essence try and put a blackmail over this council by saying I didn't give specific approval of that easement. Mr. Mayor and Council members that is what we are requesting this eveing and wanted to let you know where we stood and what the facts were as we knew them. Kingsford: Are there any questions for Mr. Rohner? Morrow: I think maybe a comment on my part, is that I ahve personalty looked at the project there and I think a couple of things here are outstanding. One is that our letter from John Shawcroft as he referred to stated that with respect to our cleaning it. Although fhe odds are remote, as guardian of the taxpayers funds we need to make sure that road and that cleaning mechanism and those procedures are followed as per their operations manual. The second thing is with respect to the site depending on what the Council determines tonight, I think partial of that solutioin must be that Mr. Williams totally clean the overburden that is on and clearly outside of the easement that is on Mr. Platen's property, it probably should have been done already. But there is a substantial overburden from the trench that is on that propprty that needs to be taken care of. I guess those are comments more to you in terms of a proposed solution, it needs to go hand in hand with that. Kngsford: I think just a follow up of your initial comment too Walt is that were this Council to back away from that requirement recognize #hat you have numerous other easements that we have required gravel topping for .maintenance that you would be .setting a presendent that would be a damning one for you. Morrow. Well, from as a (inaudible) I am not willing to, although the odds are remote, I am not willing to put our employes in that position of having to struggle and fight against inciemant weather. I don't know how effect bonding by the private sector might be in terms • of cleaning a plug or whatever comes up. And quite candidly, as we will here maybe from Wayne and Gary maybe the alternative number four is the one we ought to be looking towards. . Bohner: Mr. Mayor may I respond, to make sure i understand Councilman Morrow in regards to the overburden, I think on adivice of Council once the (inaudible) built that trench to (inaudible) and I need to mention to you that your City Engineer we have discussed several alternatives, he has been very cooperative in trying to find a solution to this situation. We have (inaudible) overburden until we can determine what needs to be done here. We beleive that we have an Basemen#, we beleive he knows, and it is for his benefit he wanted it, and we beleive that the easement is such that will allow that and we think four is the best alternative. What will occur i don't know but for him to sit there and put a trench in and say ha ha I didn't get permission w~h the facts as we know them is not correct either legally or morally. Morrow: I am sorry, one other question, is this easment that has been given for the sewer maintenance, does it coincide with the right of way easement that Nampa Meridian has? Bohner: I have that, reviewed it, it goes along with that, that is correct. Morrow: So, they are one on top of each other? Bohner. I beleive they are, yes that is what my understanding is that is correct. And they have those rights. Kingsford: Is Mr. Flaten here or is he aware of this meeting this evening? Rohner: I have not personally contacted him. Kingsford: Do you know Gary if he was aware that we were going to be taking this up this evening? Williams: I spoke with Will about that: Berg: (said I didn't know if he wanted to be here and I think I discussed briefly with Wayne when I gave him some information that this issue was going to be if we should invite him or if we should just take the matter as such with all the information we could gather. Kingsford: Well, certainly it would be my recommendation to Council that we take number four and run with it. 1 wish he was here to get his input. I agree with Mr. Morrow if there is added burden out there that wasn't cleaned up it definitly ought to be remedied. Crooks#on: What is the number four alternative? • • tCngsl'ord: That is tha# we proceed as that it is a covered graveled roasway and that the City have access to that as it exists. And pu# Mr. Flaten on notice that his trench blocks our easement and he needs to remedy it. _ Crookston: 1 haven't looked at the easemen# for quite sometime I haven't had a chance to look at it tonight even though I knew this was coming up. Kingsford: My concern is multiple the several letters that we have received from builders, number one that we are holding a third party out there at bay. But 1 think that needs to be lifted if that is the Council's correction and that we proceed along with remedying the separate of those issues. t think we have the where with all the force that the easement be observed and (inaudible) of Nampa Meridian's and it ~be graveled. Morrow: I guess in terms of what I read in the easement, if the easement says that you have the right to maintain something certianiy common sense and the average person would construe maintenance to be to drive out there with your machine to clean the thing. And you have certain minimum standard of road (inaudible). You would be awhilly nieve to assume that you are not going to have some sort of road or some sort of maintenance access. tngsford: I think certainly the irrigation district would have had that if they operate in the winter. We have to operate in the winter so that would be a standard. Does the Council have a recommendation or a motion? Crookston: I guess my concern is whether or not in the event we, if the City has to do something with Mr. Flaten, whether or not Mr. Williams is going to pay the cost of doing that. Kingsford: You are suggesting no doubt a legal remedy. Crookston: Yes Kngsford: Would Mr. Williams be ameniable to helping us with the legal cost should we incur those wi#h Mr. Flaten? Bohner. We have talked about that of course from the point of view and part of his answer is no, 1 understand the concern in that situation. I think we would be willing to definitely look at that and to aid in any we can in this situation. We would need to sit down with you and make out a proposal that you could live with and we could live with in that situation. We hope it doesn't come to that and he won't try and take the City on. I wouldn't. want him to think that it is coming out of our pocket if he is fighting us to start with in that situation if at all possible. But I realize this is a public hearing. Mr. Williams and I spoke out of turn there in looking at that. Crookston: I think his answer needs to be on the record that he said no. • • Rohner: t think Mr. Mayor what concerns me is that, again and I am an advoca#e for my client you understand that, and in looking at that my client felt he knew the road was there, the easement was drafted and it went through the process and I think everybody here must have felt comfortable that it included that or this Council wouldn't have said it is okay in that situation. We feel that when we think he is coming now and holding this hostage. We think we have done everything we were supposed to have done. Morrow: I guess I would hesitate from a standpointin terms of l would like to see some committment on your folks part becuase in a sense what we are doing is that we are taking on the burden of solving the problem here and if we are going to be challenged by Mr. Flaten and his representatives then #hat is an unfair expense to the taxpayers that we represent. And so it would appear to me that it would make sense to have some sort of committment that if that happens there is some reimbursement for the City. Rohner: I think we can work that out. Crookston: f think Mr. Forrey wanted to make a statement. Forrey: Thank you Mayor and Counselor, I don't have a relationship with Mr. Rohner, or Mr. Williams or Mr. Flaten, it just happened a month or so after Jack passed away that Chris came in with a subdivision and he was talking about sewer on the south side of the South Slough through the Ramon Yorgason properly. And it seems like a week or two later Mr. Flaten called and 1 mentioned that to him and he said boy I sure want that on the North side and that is what started all of this. It was actually Mr. Platen's conversation with me that if at all possible could the City encourage the sewer on the North side instead of on the south side through Ramon Yorgason as he thought that would be a little better ehancement of the value of his property. And we did discuss the fact that if that was the case k would be a permanent easement 24 access with a road, that is something that Gary had told all the department heads to be on the look out for. We have to have permanent sewer easements or rights of way, not down lot lines but we have to have a road. So I was pretty direct with him about that and he understood that. That may effect somebody here but that was the conversation honestly that we had. So that is how we got to this point I guess. Kingsford: Any other comments from the Council? Yerrington: It would be good if we had him write a letter for our file. Kingsford: He turned that in this evening or it was faxed over, you should have it in your packets it just came over this evening or late afternoon. Crookston: It would be my recommendation to have some sort of an agreement regarding if the City gets put to the task of having to go to task on that easement. Kingsford: I am not sure I totally agree with that. I think Mr. Williams acted in totally • (inaudibile) with the City and so on with Mr. Flaten can be best be determined. I think if we were to go back on all simialr things and were to require people that did something for the City there would be thousands of them. I don't see those as being different from this situation. What I do think we ought to put Mr. Flaten on notice is I think we are holding the wrong person hostage here. If he ever wants a hook up he damn well better put that trench out of there and (iaudible). I think that' is the party that shouldn't get building permits and not Mr. Williams. Cowie: How much property does Flaten have, do we know? Kingsford: 5 acres. Morrow: It is my understanding it is approximatley 5 acres. Ingsford: Judging from the map that it be my best guess that it be in that neighborhood. Come: I agree, I don't think we should hold the whole subdivision hostage. I would like to have some type of, l think we did get some kind of a verbal understanding that you are going to, if I am wrong, that you would be happy to work with us, is this correct? Rohner: As l mentioned we, l think our feelings are like the Mayor's we acted in good faith. We are caught between a rock and hard place gentlemen, I am looking at lawsuits from builders, I have 20 lots, 6 of them are built on. I have 14 lots that are committed on option to purchase and so I am here begging I better strike a deal with you I don't have too good of a bargaining position but I agree with the Mayor I hope he won't hold us hostage in that situation, but we have to solve this problem. Kingsford: Just for the record it is neat to have an attorney between a rock and a hard place, it rarely happens to me but it feels good. Well, in fight of that and honoring the desire that is not necessarily public information I suggest that maybe we appoint one of the Council members to work with Mr. Rohner and Mr. Williams to make some sort of resolution and possibly include Mr. Crookston, if you would be willing to do that Mr. Cowie? Cowie: I was afrais you were going to say that. Kingsford: To meet with those folks and make some sort of an arrangement. Rohner. When I say between a rock and a hard place I don't mean Mr. Flaten I think we have a strong legal case t am referring to my other people in my subdivision that need to (inaudible). Kingsford: ~th that I then request the Council then drop the gag order if you will the lack of occupancy permits and so forth and then proceed along. • Yerrington: So moved Cowie: Second Kingsford: Discussion Mr. Morrow? Morrow: Well, I only have a question with respect to the cleaning up of the overburden and stuff that exists on the Flaten property, how quickly does that get resolved? Kingsford: 1 think that needs to be resolved within the next, befgre the next Council meeting or there will be another withholding of lots. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: J. GIBBON: EXTENSION FOR APPROVAL OF KASTLE FALLS/ VALERI PLACE #2: Gibson: We are just requesting a years extension on the plat approval if we may for Kastle Falls. Kingsford: Any questions for Mr. Gibson? Come: Kind of fill me in. Kingsford: We have a time frame in our zoning and development ordinance that requires a certain period of time he is up against that and is requesting a year extension of tha#. Gibson: We are not quite there we are a little bit ahead of time for a change. Kingsford: Any other questions, entertain a motion if that is your pleasure. Yerrington: 1 move that we extend for one year. Morrow: Second Kingsford: Moved by Max, second by Walt to approve of a years extension on Kastle Fatls and Valeri Hieghts N0.2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: SHELLY DOTY -REQUEST FOR HQOK UP TO WATER AND SEWER: Kingsford: Were they not going to be here Mr. Berg? Berg: (Inaudible) ar ~~ OFFICIALS WILLIAM G. BERG, JR.. City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~I(I~ ~~' TIdFyQSURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W° ~ W. MIORROW SHARI STILES 33 EAST IDAHO ~ plennerBZaningAdministrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888433 • FAX (208) 887-4813 Chairman • Planning & Zoning 208) 887-2211 ~ ~ ~ - ~ ~~~~ t ( Public Works/Building Departmen GRANT P. KINGSFORD ~ ~~ ~~~~ Mayor T:?~'~SI~IORY L~3!1F' SIJEDST~1~>I July 5, 1994 SANITARY SEWER LINE ACC~:iS l~Su:i~_ CHRONOLOGY OF EVENTS FROM FILE INFORMATION October 1, 1993--City approved plans for sewer and water installation. October 26, 1993--We received a letter from Cris Williams confirming that he will provide a gravel access roadway over the length of off-site sewer line. December 28, 1993--We received a copy of a recorded, signed sanitary sewer line easement for the length of off-site sewer line. Bob Flaten signed on July 7, 1993 and Cris Williams signed on July 6, 1993. May 26, 1994--The sanitary sewer and water systems receive final approval from city sewer and water inspectors. May 31, 1994--Cris Williams comes to Public Works Office requesting the letter of approval/acceptance for the sewer and water systems. He said he would be back tomorrow morning to pick it up. June 1, 1994--The letter of acceptance/approval by the city is issued by Gary Smith to Cris Williams. June 2, 1994--Bob Flaten comes to Public Works Office very upset about the gravel access road being there. Cris Williams has told him that the city has accepted the sewer line and therefore it is the city's problem. Bob Flaten says he has given Cris Williams until 5:00 P.M. this Friday to remove the road or he will do it. Cris Williams is contacted by telephone to tell him of Bob Flatens visit. June 2, 1994--Gary Smith writes letter to Cris Williams revoking the previously written letter of approval and acceptance of the sewer system. June 9, 1994--A memo is written for homebuilders picking up building permits in this subdivision that no occupancy permits or water meters can be set until the sewer line issue is resolved. June 29, 1994--Received a copy of a letter by attorney A.J. Bohner requesting that the access road be deleted from the requirements. a : ~' 4r June 30, 1994--John Shawcroft, Wastewater Superintendent, responds to Gary Smith request for review of Mr. Bohners letter requesting deletion of the gravel access road. ~;~p ®F I~E~IDIA 5 July, 1994 Meridian City Council Meridian, Idaho 83 642 Lifestyle Homes, Inc. 264 South Cole Road Boise, Idaho 83709 (208) 376-6015 RE: Revocation of sewer easement in Lansbury Subdivision. Dear Meridian City Council Members and to whom it may concern: I have recently received the information that the Meridian City Council has placed a revocation on the easement for the sewer in Lansbury Subdivision. It is for this purpose that I am writing, to inform you of the concern that I, as a builder in the subdivision, have. Lifestyle Homes, Inc., is in the process of building a home in Lansbury Subdivision. It is more than obvious that without a certificate of occupancy, there is no way that we will be able to sell this home. I am sure that this is the concern of all of my fellow builders .that are building in Lansbury. I understand the need to follow safety and health code regulations, however, I would ask that you will make a quick and fair resolution to this problem. Thank you very much, ~ ~~ R. Dent Mortensen Lifestyle Homes, Inc. ~.0. Box 6439 Boise, Idaho 83707 (208) 376-6015 r: C~ EDENBROOK, INC. Building Homes for Gracious Living Since 1975 ~~ J U L v 5 ~~~~ ®F ~~® EDENBROOK, INC. 184 South Cole Rd. Boise, ID 83709 715f94 To: Meridian City Council Gentleman, am a home builder worlang to complete a home on fot 7 block 1 of Lansbury Lane Subdivision. Restrictions have been placed on this subdivision. I have purchased a water permit from the city of Meridian, but t am being denied access to the water. i also am told that I will not receive a cert~c~te of occupancy once the home is completed. 1 understand you will be addressing the issues that could resolve these two problems at your meeting tonight. t hope you can quickly reach an agreement, and the restrictions placed on Lansbury Lane Subdivision wilt be lifted. P.O. BOX 4638 • BOISE, IDAHO 83711-4638 • PHONE 208/322-4414 Sincerely Garland Homes Bo ~ .Anson R~IcCutchen 8221 Wiest Brynvvood Drive Boise, Idaho 8371)4 (208) 376-0630 THE CITY OF MERIDIAN ATTEN: MAYOR GRANT RINGSFORD JULY 5, 1994 DEAR MAYOR RINGSFORD AND COUNCIL MEMBERS, I AM O1~ OF MANY BIIILDERS AFFECTED WITH THE EASEMENT PROBLEM IN LANSBURY LANE SUBDIVISION. I WAS THE FIRST BIIILDER TO BREAR GROUND IIPON APPROVAL. THEREFORE:I;:AM THE ONE FACING THE MOST PROBLEMS WITH THE OCCUPANCY HALT ON THE SUBDIVISION. MY MODEL HOME AT 112 WEST CLAIRE ST HAS BEEN READY FOR A CERTIFICATE OF OCCUPANCY FOR OVER THREE WEERS. IT CONCERNS 'ME THAT THE SUBDIV- ISION HAS BEEN APPROVED FOR CONSTRIICTION AND THEN AT A MOMENTS NOTICE, I CANNOT OBTAIN A CERTIFICATE OF OCCUPANCY TO CLOSE THE HOIISE TO COLLECT MY OWN PAYCHECR. AT ONE POINT I WAS TOLD THAT MY.-WATER RIGHTS WERE BEING RETRACTED AND I HAD JIIST SOD AND LANDSCAPED THAT DAY... PLEASE UNDERSTAND MY CONCERNS AND DO YOUR VERY BEST AS YOII HAVE IN THE PAST, TO SEE THAT THIS IS RESOLVED IMMEDIATELY. I TRUELY APPRECIATE YOUR URGENT ATTENTION TO THIS MATTER AND HAVE FULL CONFIDENCE THAT IT WILL BE RESOLVED BEFORE IT $ECOMES A FINANCIAL BURDEN FOR LOCAL BIIILDERS SIICH AS MYSELF. S NCERELY, - ~ c~~1 ALISON r. MC CUTCHEN • J i~ L ° ~ 1994 ®F ~R~D~~ 11Vayne S. Forrey, AIC~ Urban Planner and Development Analyst , 52 East Franklin Road -Meridian, Idaho 83642 Telephone (208) 887-6015 Fax (208) 887--6049 5 July 1994 Comprehensive Planning / city & Regional Mayor Kingsford and City Council ~ ~ ~. _ ~ ~~~~ Plan Updates 33 East Idaho Avenue ~, ~~~ Meridian, Idaho 83642 Citizen Participation Dear Mayor Kingsford and City Council Members: Community Relations Shortly after Jack Niemann passed away, I received a call from Mr. Robert Platen.. Gr°"'th complaining about legal notices being mailed to his,property address in Meridian and not Management his residence in Boise. After my explanation, he better understood the legal notice Plan Implementation procedure and withdrew his complaint. Zoning, Annexation & Development During this conversarion, Mr.. Platen asked me if the City Of Meridian would Ordinances encourage Mr. Chris Williams (Developer of Lansbury Lane Subdivision) to extend the Code Analysis sewer line to Larisbury Lane through his property. He indicated that he wanted to enhance the value of his investment property 1~y getting sewer service on the north side of Land Development the South Slough. He further indicated that he preferred the sewer not go through the Planning a Ramon Yorgason property. Negotiations. Infrastructure I informed Mr. Platen that if the sewer crossed his property; it would-have to be i11 Plan"mg a city approved easement with a gravel access road. He indicated to me that the easement Revitalization ,and road would be acceptable to him. Plans Economic This afternoon, I-ran into Mr. Chris Williams at the Food Town grocery store and Development he discussed with me tonight's City Council review of the sewer easement and road across ~'• Platen's property. When I told Mi. Williams about my prior conversation with Mr. Community Development Platen, he asked me to write this letter to you to verify that MT: Platen understood there Finance Analysis would be a sewer maintenance road across his property. Fiscal Implications I hope this gives you some useful background information. Funding Strategies Public Policy Res y . Evaluation Project Management sync S. Forrey, AICP Contract Planning Services to Cities & Counties g~~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association ~ ~~ ~ ~~~ ~ ~~ ~ LANSBURY LANE SUBDIVISION SEWER ACCESS ROAD CHRONOLOGY OF EVENTS ~uly 6, 1993--Bob Flaten grants sewer easement to Cris Williams or Assigns October 1, 1993--City approves plans for sewer construction (October 25, 1993--City requires letter guaranteeing construction of off-site sewer access road October 26, 1993--letter received by City November 8, 1993--Sewer construction started on off-site sewer across Flaten Property 'November 17, 1993--Sewer work completed on Flaten Property "becember 22, 1993--Flaten sewer easement is reviewed by City Attorney, Mr. Wayne Crookston prior to Cris Williams's assignment of the easement to the City. Note: a change was made by Mr. Crookston in that the easement did not contain a meets-and-bounds description, said description was inserted and the easement and the assignment of the easement was recorded Eno prior recording tt~of the easement was made). `i~ay 5, 1994--Offsite sewer road construction begins ~Iay~16, 1994--Construction of off-site road is completed ~1ay 23, 1994--Off-site sewer road construction accepted by City J May 26, 1994--Sanitary Sewer and water systems receive final approval from City May 27, 1994--Bob Flaten telephones Cris Williams to inform him that the easement does not allow for a road and if the road is not removed by friday, June 3, 1994, that he would remove it himself and send Mr. Cris Williams the bill June 1, 1994--Acceptance letter is issued by the City to Mr. Cris Williams. At this time Mr. Williams discussed Mr. Flaten's displeasure with the road and Mr. Williams requests a letter to be written for Mr. Flaten explaining the necessity of road to the necessity for the maintenance of the sewer. Also requested in this letter is an explanation to type of gate allowed by the City across the easement as Mr. Flaten wants the fence back up. The letter was never received. June 2, 1994--Bob Flaten contacts the City stating he never gave permission for the access road and was going to remove it. The City revokes the June 1, 1994 acceptance letter June 4, 1994--Bob Flaten cuts a trench across the access road blocking accessibility • ~~~~~ June 27, 1994 Mr. Will Berg Meridian City Clerk 33 E. Idaho Meridian, Idaho Dear Will, JUN 2 7 1994 Cr'tll OF A~ERIDIA~ This letter is accompanying a check for $750.00 (seven hundred and fifty Dollars) which is to be held by the City of Meridian until the City Council determines the resolution of the offsite sewer road problem for Lansbury Lane subdivision. The City acknowledges that I have completed the construction of said road to their satisfaction but that the money will be held until the July 5, 1994 Council meeting as the grantor of the sewer easement is disputing the legality of a maintenance road in the City's sewer easement and the Letter of Credit which bonds the construction of the road expires today June 27,1994. As per our conversation, this money is not for, and will not be used by Meridian City for, the reconstruction of the road if it is torn out as I have already met this obligation. I apologize for any inconveniences that have resulted from this unfortunate situation. Sincerely, -_~_ i Cris D. Williams ~~ : ~a~.~r 6uY y L~~ e ~I~b r O p a d 6 G n m ~L 1' 4' ' Ziwiu Q "' a ~~ p o I J i ! ~ ` ~ L<I o~ l,i V11,. ~ ~ ~ V W ~ QC~G ~ ~ ° ~ ~~ Om N ~ m Q ~, ~ ~ moo = s.. Q ~ , A ' Q p ~ Q~ ~~t ''' o ~ o .o o }- ~ d (. 3~ w~ ~.ac.cr.w e. g ~ _ ..: ~e x_ Y? -~ 6 ~ aY €a Lbt% ~ so.o~ .~ r sa nu ~„ a. ~.ca.to • ..y~f: ~ ~ i' ~~~~ ~ ~ .9 s~:. ~' ~FY~ 8 ~ 1 3 _ 9 t ~ p; - • : . i ~' ~` ~ ~; ~ tl . ~ .il .. a M ~ :. n h' ..- ~~ ~/~~ oo~~ :~ ~a s ' 'm r ~4 wx ~ w~ ~• 7t~ t _~p ~Y YeT r «° ~~ a~ ~d~ z ~B :` Asa g ~ ~w to -'' !L lf. ~ y 5 n ~ .~ ~ s Ty AX io~ ~. ~~ _ Y~i ~ dwp.Yp>' 1;, i~8~ n .w'rse5~'i.~~Y,q~~~g8~`i os l_~ a W i~ 1 i a r ~. `o a T C ~ o x ~ V. a ti ~ r ,~ ~ , a c~ ~ 7 . C~ a x v o 0 E m y c`o .n w 0 a a _ ~ ~ ~oas~'s6'sa,: O wwwneib:w: ~ y~ .y ~ ~8888i:E71~i l ~ ~ii~irl~li3 a 868x90"__; sssaas:a; ~ n ~dee~~ldn~~. ~ t'' I~p" ~. °~ ~ ~ ~ r ~• ~j~t:s:9ss4a. ~~ B8i68S88^St ~ ~ Q _ 3::.. _--- a 88 0 ~ ~ .. ~$ 8857~9~oS' -f ~888SX1C::: ~ tY ~~ ii8'8°'7S ~ ~ ~ - ~q r...~.a.~.. i ~~~ ~~ ~ ~`;~n Z d ~f ~ y+ 3~ ~.. ~~ ~-~ r Y~ ~ ~C8$888898 I~ i ~ • ~ r/1 ~ , AN ~~~~{i~~~~~ __ j~ ~ 0 ~ O ~~ G 1 Drv ~~~ Y&SrS~i'Ae8"o ~ ~ s ~ ~~r• / -- g8Y~88S88i ..,... • ~ • ~. Peraait Type: ELECTRICAL Issueda Y•_-.. 6%E4/~4 Pe~^aait i~loa f ~~ 39'98>~ •~, - ~ OWNER/APPLICANT----_----_ --~- ---- -_' ~-RROPER~'Y "t_CIOATION--~---.-- '' -- ------- LANSBURY LANE HOMEOWNERS AS$OC A ;a.i ..1 CA(~tSPURY:LANE Lot a* ~ Mack s MERIDIAN ID 83E~C • 1 ~ ~ S~~b: . : ~T t ~..; t0-~G . EGB/~-~+G- - enan _ ,~ _.~ CONTRACTOR-------___~______ - - -~ --DES,~GNER - -- - _ -- ALLC3W aY ELECTRIC ~ - ~' ~ 8374X2 • '.I D BOISE : , 00~+G0 ~, ~, '= ~ ,'~ . , i _ E~-8/344-25+7 ~ ; ~ @0~/~-Z~~d-~i7.rQ~G PROJECT INFO------------ __ _- -- - - -- ~-~-- ~~- - - - ----- -- Project Type: STREETLIGI-iTS Per~it Condxtion~a ~ ' ~ ,; Occ Type: :-, .. t -No: - G = '. Ref Per'®i Occ Group: P'a-rce+i _Naa .. Occ Load; _Long L.e~gal: ;: Sq Ft : ~ ~ •` Land Use Zone a _ ., . PRDJECT NOTES-----_______-~_~ -=- - ----- 4 STREETLIGHT5 , .. 13/d, 13/3, x10,/3, ----- ~.~_____--_,~ _ ~_ _ :~~.-_,~-- . 2/1~ `~ -'i IME CLOCKS ~„ - . VALUE: ~5 500. 00 . ~ ~ THESE STREETLIGHTS ARE TO }BE UNDER , . PRIVA'T'E"OWNERSHIP. ''MATP~ITENANCE, OPERAT I ANAL COST ARE TO BE ASSUMEI? ; BY :;TME HOP'IEOWNERS ~1SSOC IATI.ON. ._,.: , . PROJECT FEES ASSESSMENT-- Building Remit....... Plan Check............ Mobile Hoee............ Right of Way.......... Foundation............ 'Water Weii. Capacity... Water Met e'r^ ^ e • • • ^ . ^ r • Water Service Line.... Water Mainiifi~e........ Sewer Plant.'.......... Sewer Trunkline....... Sewer Mainline......... :-0.00 0. ~-~- . X0.00 ~~~.0~ i :9~j0j~~. f~fJ~~G - .:~~i . ri~~ i . ' 9c ~. ~~Gryyyf,ryryd~~ ` ~~. ~6J~6S ;.. `~0. 00 ~4 t60/~. P~0~7~ ;.. Irr~'g~t.ion _f~pacity... X0.00 ' .Lrrigation; Riser..:. ~..' ,0.00 , .. ~1rr~. ativn Mainline.,. 10.00 ; ....~ ~ .., ' ~E1~c~rical.: ~iES. 00 , •~lach{a~nicai'.:.. ~ .... ... ''Piuebang. v M • r a°r . r • • . • • .. ~ ~ X0.00 ;. ,.~~. 00 .. ,~T13C ,~ ..'.' !~~. Q~~ - .TOTAL BUILDING FEE: _9~ 1E5.00 IlVIPORTANT INFORMATION ~ - ~ . ,; Inspection requests moat be made 24 hours prior to the need for inspection;Persona making the requests moat provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 6) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 5:00 AM and 5:00 PM, secluding holidays.:: ` ~ ~ ~ ~ ' : ~ ~ - Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. - Permit Revocation/Expiration. The BuildingU~icialreserv~therightto revoke anypermitissuedin errororonthebasis of incorrect information. Permits expire in 180 days if work is never crommenced, ar is discontinued for a period exceeding 180 days or 6 months. - Declaration -This permit is being issued subject to the o~dinancies and laws of the.City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining-and applicable thereto. ~~ Owner or Authorized Agent Date Key Bank of Id ~GGI.e.~ YY Commercial & I national Services / ~7~~ ~~L` Bose,ID83702 3~¢-7f ~ C~z,~'~O~- ~ 7~7®6 KEY BANK OF IDAHO KEY BANK Of IDAHO KFY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO K]:T BA\IC OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BA.U C DECEMBER 22, 1993 rrz. ~~ ~~¢~-~®~~ .3~~_7i~ /loe6~.e~ WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER- OF CREDIT NO. 21-1319 IN FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642 FOR THE ACCOUNT OF CRIS D. WILLIAMS, DEVELOPER OF LANSBURY LANE SUBDIVISION, 4185 S. CINDER, MERIDIAN, IDAHO 83642, UP TO THE AGGREGATE AMOUNT OF THIRTY TWO THOUSAND NINE HUNDRED FIVE AND NO/100 DOLLARS ($32,905.00) AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: 3 BENEFICIARY'S SIGNED STATEMENT CERTIFYING THAT THE DEVELOPER HAS FAILED TO COMPLETE CONSTRUCTION OF LANSBURY LANE SUBDIVISION FOR ONE OR ALL OF THE - FOLLOWING: - 1. STREET LIGHTING PER ENGINEER DRAWINGS (NOT TO EXCEED ($4,000.00) FOUR THOUSAND DOLLARS). ' a 2. NO PARKING SIGNS (4 SIGNS NOT TO EXCEED ($80.00) EIGHTY DOLLARS). J 3. SEWER ACCESS ROAD SUITABLE FOR A ONE TON VEHICLE (PER WRIGHT CONSTRUCTION SPECIFICATIONS NOT TO EXCEED ($1,500.00) ONE THOUSAND FIVE HUNDRED DOLLARS). 4. PIPING OF THE ONWEILLER LATERAL (NOT TO EXCEED ($27,325.00) TWENTY SEVEN THOUSAND THREE HUNDRED TWENTY-FIVE DOLLARS). ~. ~ A COPY OF LETTER OF DEFAULT FROM THE CITY OF MERIDIAN TO THE DEVELOPER MUST BE DELIVERED TO-KEY BANK EVIDENCING THE NOTICE OF DEFAULT. d a SPECIAL INSTRUCTIONS: THE BENEFICIARY WILL NOTIFY THE DEVELOPER OF DEFAULT BY ~ A MINIMUM OF 30 DAYS PRIOR TO COLLECTION OF FUNDS. UPON COMPLETION OF CONSTRUCTION OF EACH ITEM, THE CITY HAS 3 WORKING DAYS IN WHICH TO RELEASE THE ASSOCIATED FUNDS UNDER THIS LETTER OF CREDIT. - PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. 3 THIS LETTER OF CREDIT ~IS EFFECTIVE DECEMBER 23, 1993. '-_ WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL - DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING; 702 WEST IDAHO STREET, BOISE, IDAHO 83702. - THIS LETTER OF CREDIT EXPIRES JUNE 26, 1994. ALL DOCUMENTS MUST BE PRESENTED ON OR BEFORE EXPIRY DATE. ~/,~ .~xfe~s ~~~~ ~~ 27~ - G~ ~ ALL BANK CHARGES OTHER-THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF s BENEFICIARY. -, ~, .- ~. ~ . - ~~ ~LOUANN J. SO ' ES - M L V.P. 8~ MG 'R~II .~'ERNATIONAL INTERNATIONAL OFFICER -. - - - Member OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROfT, Waste WeterSupt. KENNY W. BOWERS, Flre Chief W.L "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney June 30, 1994 • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (Z08) 888-4433 • FAX (208) 887-0813 Public Worlts/13t»lding Department (208)887-2211 GRANT P. KINGSEORD Mayor Mayor and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Adminiatretor JIM JOHNSON Chairman • Planning 8 Zoning RECE/ VED JUN 3 0 1994 Meridian City Engineer Re: Request for Deletion of Gravel Access Road Over the Sewer Line Serving Lansbury Lane. Dear Mayor and Council, The issue as whether or not Mr. Platen gave permission for a. grave8 road is of no consequence to the Meridian Wastewater Department. What is of importance is the ability to access the sewer line and manholes in a manner which will Io compromise the safety of department personnel and/or it's equipment. The line in question is 430' long and is aot straight. This means that the line cannot be cleaned in one continuous shoot but must be addressed at each manhole. Although the probability is low that the 8" line would plug, the possibility does exist and must be addressed. The department does in fact own 1000 feet of hose for the hydrocleaning machine. However, the effective use of this hose is from the downstream side of an affected manhole. Only rarely will this machine be used from the upstream side and only then if no other [ J options exist. Also, the hydrocleaning machine must be positioned above a manhole in order to be used. In wet weather, this could become impossible without a road. Another problem with Mr. Williams proposed style of maintenance is that the hydrocleaner produces 1500 psi _ of water pressure. Pressures of this magnitude are, dangerous. Therefore, I cannot allow any other uses or procedures other than those listed in the operations manual. __ .._ ..__-_._ ~--~-T--~. - __ __ . _ _ ._.~ Thus, the need for an all-weather access road is evident. Safety, for the men and the machine, dictates that the requirement for the road be met prior to acceptance of the sewer line. Sincerely, John T. Shawcroft Wastewater Supt. ~~~~ J ~ ~ ~ 9 1994 ~'f Y ~F ~~ID~~ A.J. BOHNER ' ANDREW M.CHASAN TIMOTHY C. WALTON Also admKted in Oregon H1~iND DELIVERED Chairman and All City Council_ Members CITY OF MERIDIAN 33 East Idaho Meridian, ID 83642 June 29, 1994 TELEPHONE (206)345-3760 FACSIMILE (208)345-1175 McCALL OFFICE: ASPEN VILLAGE McCALL, IDAHO (208)834-4431 Re: Requirement for Gravel Road Over Easement Containing City Sewer Line Serving Lansbury Lane Subdivision -------------------------------------------------- Our File No. 14,418.1 Dear Chairman and Members: Please be advised the undersigned is legal counsel for Mr. Cris Williams, the owner and developer of Lansbury Lane Subdivision. The purpose of this letter and the concern of my client is the fact that the road which he built over and across real property owned by Mr. Robert Flaten which Mr. Williams believed was built pursuant to the attached easement and with the knowledge of Mr. Flaten for the purpose of maintaining the sewer line has been contested by Mr. Flaten in that he states he did not give permission to build a road and has demanded that the same be removed. Mr. Williams felt that subsequent to the City Attorney's review of the easement prior to its assignment to the City, that the easement containing the maintenance provision covered the road. He had previously discussed the road with the owner of the land over which the easement is located and firmly believes that the land owner knew of the City's requirement for a road. This is supported by Wayne Forrey, your former City Administrator, who is willing to testify that he was aware, prior to the road being built, that it was a requirement of the City. Mr. Flaten is now denying this fact. PARK CENTER POINTE 1459 TYRELL LANE • P.O. BOX 1069 BOISE, IDAHO 83701 The purpose for the hearing before the Council is to request that the requirement for the road be removed as a • Chairman and All City Council Members CITY OF MERIDIAN Page 2 June 29, 1994 condition to the approval of the City Engineer based upon the controversy provided by the land owner, which controversy, if litigation is required, could be very lengthy and time consuming and also on the fact that the road is not essential to the maintenance of this 430' of 8" sewer line. At the present time, the City has shut down the developer's ability to market the lots in Lansbury Lane Subdivision notwithstanding the fact that six houses are under construction and numerous lots have been sold. Investigation of the need for the road stems around the City of Meridian Sewer Department's concern if they have to go on the easement (which is a strip of land of approximately 430'). In the spring or fall when it is wet, they may have trouble getting their vehicles out there. Therefore, the need for a road. I believe everyone will agree that the probability of this 8" plastic sewer line plugging up is remote. This line was constructed to handle over 300 residences of which there are only going to be approximately 40 on it initially when the Lansbury Lane Subdivision is completed. Secondly, the Sewer Department's trucks do carry approximately 1,000 feet of hose which would allow them to reach any of the man holes on this property and the unlikely event that pluggage should take place from Mr. Williams' property. Mr. Williams is willing to put a cul de sac in at the end of his property to accomodate City vehicles. Therefore, in balancing the need to have the subdivision go forward and the hardships involved, it is respectfully requested that the requirement of the road not be a condition to the subdivision and the subdivision be allowed to go forward. The easement is still in place and vehicles have the right to go on the easement. The only concern the City has is that if in the unlikely event that it needed to go on the easement during the fall or spring that it would not be able to traverse the easement without a road. In that event, it is very clear that they have sufficient hose in which to handle the problem. It has also been investigated that the blockage can be worked on from either downstream or upstream side of the blockage with the equipment that the City has. Therefore, it is respectfully submitted that, based upon the hardship that would be caused to the developer, based upon the unlikely event of any problem with the sewer and the C~ Chairman and All City Council Members CITY OF MERIDIAN Page 3 June 29, 1994 • fact that it can still be maintained, it is respectfully requested that this condition be removed at this time. Sincerely yours, q. ~~~ A. Bohner on YSehalf of Cris Williams, Lansbury Lane Subdivision AJB:kw C:\Williams.Ltr • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Wasle Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (2(18) 887-4813 Public Works/Btulding Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM: To; Home Building Contractors From; Bruce Freckleton, Assistant to City Engineer Re; LANSBURY LANE SUBDIVISION June 9, 1994 The sewer and water systems in this subdivision have not been accepted for ownership and maintenance by the City of Meridian, therefor we will not be issuing occupancy permits nor setting water meters until such time as they are accepted. cc: Chris Williams Wayne Crookston File C:\wpwin601dumpsterUansbury.mmo '~S 1 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L GASS. City Treasurer GARY D. SMITH, P.P. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (2~) 887-4813 Public Works/BtWtiing Department (208) 887-2211 GRANT P. KINGSFORD Mayor June 2, 1994 Mr. Cris D. Williams 4185 S. Linder Rd. Meridian, ID 83642 Re: LANSBURY LANE SUBDIVISION (Sanitary Sewer Acceptance) Dear Mr. Williams; COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 6 Zoning Yesterday, June 1, 1994, an acceptance letter was issued to you for the installed on-site sewer and water system and ofi=site sewer system for this project. This letter of acceptance was issued because all improvements as shown on the plans and otherwise agreed to in writing had been completed. Today, June 2, 1994, at approximately 12:20 P.M. , Mr. Bob Flaten, owner of property you have crossed with a portion of the off-site sewer came into my office seeking information on the presence of the graveled access road above the sewer line loaded within his property boundary. He stated that the presence of the graveled roadway was contrary to his easement agreement with you and that he had so notified you and further that if the graveled roadway was not removed by 5:00 P.M., Friday, June 3, 1994, he would have it removed. The City's acceptance letter didn't accept the assignment of the off-site sewer easement that you negotiated with Mr. Platen, nor has there been any other formalized acceptance by the City. You are hereby notified that since the gravelled access road was a part of our final approval and acceptance letter its removal will constitute our revocation of that acceptance/approval letter. Your telephone conversation with Bruce Freckleton of this office on June 2, 1994 revealed that you knew Mr. Platen didn't want the access road and that since you now had our acceptance letter and had assigned the easement to us, that this problem was ours and not yours. In my opinion this is clearly misrepresentation and or fraud on your part toward the City of Meridian. Since the approvaUacceptance letter is hereby revoked, satisfactory resolution of this matter must be made before the City of Meridian prior to its reinstatement. You aze also hereby notified that no occupancy permits or water meters will be issued until it is resolved. Sincerely, Grary ~: Sr~,ith, PE City Engineer gy cc File Wayne Crookston Robert Flaten • Meridian City Council December 7, 1993 Page 3 Kingsford: Any other questions for Mr. Lee? Tolsma: I think this was tabled because of the access to the school, we have a letter from them saying (inaudible Lee: I talked to Dan Mabe after the meeting last time and reviewed that access, he didn't have any concerns or requirements for any further access points. Kingsford: Any other questions for Mr. Lee? Corrie: Mr. Mayor, the homeowners association that is going to be created. Lee: That is correct Corrie: And there for the covenants to be enforced. Lee: I think the homeowners association from previous developments will allow for. the extension into the Cherry Lane #5. Corrie: Okay Lee: The other item was the lot on the corner, at Ten Mile and Oakmont, it was changed on the plat that we submitted so there is an 8,000 square foot minimum. Corrie: That is all I have Mr. Mayor. Kingsford: Any other questions? Is the Council ready to make a decision? Tolsma: I move that we approve the Final Plat of Cherry lane Village No. 5. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Final Plat of Cherry Lane Village No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: LANSBURY LANE SUBDIVISION BY CHRIS D. WILLIAMS: TABLED AT NOVEMBER 16, 1993 MEETING: Kingsford: That was for accesses for school, any questions the Council has on that issue? r Meridian City Council December 7, 1993 Page 4 Tolsma: The access road is all taken car of (inaudible). We have a letter from Chris Williams (inaudible). Smith: He will have to provide us with an their property line down to the point where sewer trunk line and that easement will be in Meridian, it will be a permanent easement for I don't know if that will serve as a pathwa not. easement outside of they connect to our favor of the city of sewer line purposes. y connection also or Williams: I purchased that 30 by 300 foot easement to guarantee that the neighborhood would have access to a future greenbelt there in September. So I thought about that ahead of time and went ahead and guaranteed that by making that acquisition. Tolsma: That was your letter. Williams: Exactly. Kingsford: Any other questions the Council might have? Is there a motion on Lansbury Lane? Tolsma: Mayor, I move we approve the Final Plat of Lansbury Lane Subdivision. Yerrington: Second Kingsford: Moved by Ron, second by Max that we approve the Final Plat of Lansbury Lane Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: HAVEN COVE SUBDIVISION #3 BY DAVID M. COLLINS: TABLED AT NOVEMBER 16, 1993 MEETING: Kingsford: Any questions on that plat? Corrie: Wayne, all the questions that we had from you, have they been taken care of as of the November 10th letter? I know that one we didn't get a letter for the 10 foot access but how about the other? Forrey: Mr. Mayor and members of the Council, yes they have been. I would ask if you approve the Final Plat that they be subject to those conditions. Kingsford: Any other questions from the Council? °? ~ 19 ~C 3 DATE: MERIDIAN CI~COUNCIL AGENDA I TEM NUMBER ~ APPLICANT : _c~d ~ . l~.J . ~., ~, ~ ~~~ ~~ . ~~ 1 ~.D ~ 19®t 3 REQUEST :. i".t~v~q~~ ~)q~': • t 93 AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - COMMENTS- MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - J..~ NAMPA MERIDIAN. IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMME?VTS: CENTRAL ~ •• DISTRICT HEALTH Retum to: DEPARTMENT ~,~~ ~ £ ,-~ ^ BOise ^ Eagle REVIEW SHEET ~o~ ~ ~ e~~3 ^GardenCity Rezone # C6 ~ g'° ~~ ~~~~~~~~~-~~~ ~leridian Conditional ^ Kuna Prelimina Final hort Plat ~d~ ~~ril~ ~'~Z~1~1-~®S ®~sJ ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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 condftions on this- proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data oonceming the depth of - ^ high seasonal ground water ^ solid lava from original grade ^ 6. W~ n approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet ^ 4 feet ~] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ® Central water ^ Individual sewage ^ Individual water ~} 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ~ Central water '~ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ 13: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Center DATE: // l ~ /~~' Reviewed by: ~ . CDHD 10-91 rcb .. RECEIVED N O V 1 7 1993 CITY ®~ ~EI~Il~1~N October 26, 1993 Mr. Bruce I'reckleton Deridian Developmental Services 33 E. Idaho Ave. Meridian, Idaho Dear Bruce, This letter is a follow up to our conversation on Monday, October 25, 1993, concerning the graveled access road for the off-site sewer easement for Lansbury Lane. It is our`intention to cooperate fully with you and your staff and thus, per your request, we will provide this gravel access road to the City. The design of this road will based on a twelve (12") foot width and whatever thickness is necessary to support a one-ton service vehicle as determined by Wright Construction, the road contractor for the~Pro~ect. I also think it is important to mention that at sflme tide. in the future I forsee this road as being improved for access to a greenbelt which I think will someday lie developed on the Finch Lateral (South Slough). Thus, this access road could be not only a great asset~to this neighborhood but to Meridians` future greenbelt system as well. If you have any questions or need anything additional, please don't hesitate to call. Sincerely, Cris D. Williams Lansbury Lane ;~ ~~.~ ~e ~~ i ~~: il~ ~_ -•_~ r ,~~~ .~ .~~ ~'~• -c i~ ~1 . { ~~~':~~a aa~ t .V4 d .G, ,i `~". 'g^`1~`~iic~. • .~^~ __,. ~ ~ . f,. s `'-~< ... gyp. rr ,;L f~- .~ } ~. ,t. ~-. -Fri'"` .. tf..... ~! .. ..A ~' ar . ~ ' a :+7: ~ .. l+ r~r~ ~ y ~ .qua.. F ~ ~ , ~ ~ '3 a'µ~ n ~~~+~`~ .k' b t ..1 ~`'~` ~ ;u ~+ t E` ~ ' ~ R. . ~"~ ~ ~ .. Y ~ d~F~ ~~: ~ { ~~ rt '~ .. .i .S~~IR c :t "ssa. y,.r ,ti „ ""raF e,~ t . ~~ Y yam., ~,~ $~'`.:y~.-'. ~" __e... ~~~~~ CITY ®I: I~EI~II~I~I~ ~PERINTENDENT OF SCHOOLS Bob L. Haley ~®R EXCEt`~ ®~~ e ~ ~~®9 DEPDanMabe,Flinan a&Administration (9 yn 7J DIRECTORS Z' ~ ~~~~ ~~ ~~~~~~P~ Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Q Christine Donnell, Personnel y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 December 7, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Lansbury Lane Subdivision Dear Councilmen: Joint School District No. 2 places no further conditions on Lansbury Lane Subdivision. The Developer has provided pedestrian access on lot ten (10). Sincerely, ~~`%W~"l~~y ~'a'~`~ Dan Mabe, Deputy Superintendent DM:gr • • Meridian City Council November 16, 1993 Page 7 include a 10 foot access easement abutting undeveloped land for pedestrian access to schools and recreation facilities. I think that is an excellent, excellent idea. We are getting to many subdivisions that are being crossed off and kids can't go from one subdivision to another without going out into the street, so I think that is an excellent includement for approval. That is going to take a little time, I would assume. Would you think that would take time to re-design something like that? Forrey: Mr. Mayor, members of the Council, Bob Corrie, I do think that would take time, I'd like to have the School District look at this layout one more time and help the Developer locate the access. In the Cherry Lane project they anticipate an Elementary School, it could north, south, east, west at this particular phase and that would dictate maybe the access points, so I think it would be good to take another look at that and let the Developer have time to meet with the School District and pinpoint one or maybe several access points for pedestrian through the subdivision. Tolsma: One Question, you say here on Lot 1 - Block 17 which is (inaudible) Forrey: I honestly think it was just an oversight, and it seems like it is just within a few feet of 8000. It ought to be fixed on the Final Plat, just so it is noted in the file. I think we've got one that is just below the minimum. They can make some survey adjustments there. Kingsford: Any other comments or questions? Corrie: Mr. Mayor, I move that we table this approval until they have a chance to meet with Wayne and the Schools to work out this 10 foot access easement, plus all the comments made by Wayne Forrey and also the City Staff be met, but we are going to table it until the next time so it will have to be done anyway. Giesler: Second Kingsford: Motion has been made by Bob Corrie and seconded by Bob Gieller to table the Final Plat for Cherry Lane Village #5 until the City Planner and the School District has worked an interior 10 foot easement as well as the issue in terms of lot size, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: LANSBURY LANE SUBDIVISION BY CHRIS D. WILLIAMS: 1 • • Meridian City Council November 16, 1993 Page 8 Kingsford: Does the Council have any comments on that? Tolsma: Mr. Mayor, I have a comment from the Nampa/Meridian Irrigation District, I would like to know by what name this property is to be called? They have different names Lansbury and Lounsbury. The legal description is correct but the directions on the front of the application are not of the standard, and they requested this application to refile with one name and give a better general location of the project. Kingsford: Is there a representative of the project Lansbury Lane, Mr. Collins. Collins: David Collins of Collins Engineering representing the applicant. What was your question sir? Tolsma: Yes, I talked to Bill Hanson today he liked to know how this is going to be called. It has two different names for it and he says the general description is about 3/4 of a mile away from it. He says he_liked to have a better general description on this plat and plus by which name it is going to be called. Collins: Okay, I was requested to change it to Lansbury at application to the City for Final Plat because of some mis- pronunciations taking place on the original name. Kingsford: Was that change forwarded to Nampa/Meridian Irrigation District? Collins: I think most of the correspondence with them was prior to this application for Final Plat. I've had no questions from them but certainly if they will contact me I will provide them with any information they request on the project. They already approved the sewer crossing it has been constructed and inspected by them so I think at least they are able to find the site to inspect the work being done. Tolsma: This is the letter he gave me, he says if you have any questions just call and ask for John Anderson. Collins: Yes, I have another call into him on another issue. I will address it with him when he calls me probably tomorrow. Tolsma: Any he says the clarification was that the land was east of Linder and South of Ustick, he says that is a long ways east of Linder before it hits this plot of land. Collins: Okay, that sounds like a typo in the office. • • Meridian City Council November 16, 1993 Page 9 Tolsma: He says he'd like to get that cleared up. Collins: Okay, I will address that with him tomorrow. Kingsford: Any other questions for Mr. Collins? Giesler: Mr. Mayor, also in Mr. Forrey's recommendations of also re-designing the plat for a 10 foot easement for pedestrian access to school and recreation facilities as requested by the Meridian School District and I feel this also good recommendation. I'd like to see this possibly tabled until the next meeting so they could maybe re-design this and meet with the School District and our City Planner to work this issue out. I think it is a real good suggestion as I'd like to see that done also. Corrie: Second Kingsford: Moved by Bob Giesler second by Bob Corrie to table this pending a meeting between the Developer and the School District an the City Planner, discussion? Collins: We have a 20 foot path available, if that is satisfactory? Gieller: If that would meet with the satisfaction of the Kingsford: Have you discussed that with the School District, where it is located and so on? Collins: No sir, we got no request from the School District to discuss such issues. Kingsford: Are you a recipient of a copy of Dan Mabe's October 26th letter? Collins: No sir. We have a 20 foot path that goes down to the north side of the south slew, a 20 foot strip that was your sewer easement for the off site sewer construction, which Mr. Williams owns and we can simply designate that as a duel purpose easement for sewer and greenbelt access. I would assume the slew down there is going to be the primary pedestrian and bicycle access through the center of that section and we connect directly to it. Kingsford: Do you have any comments on that Mr. Forrey? Forrey: Mr. Mayor, members of the Council and Mr. Collins, I think we need to have the School District look at that easement and make . • Meridian City Council November 16, 1993 Page 10 sure that they are satisfied. I don't recall, well I guess I recall on the plat but I don't know how it would fit into the overall pathway plan and the School and that type of thing so I guess we need some time to I'd like to meet with Mr. Mabe and get Dave involved and the Developer Chris Williams and lets all get an understanding of how that is going to flow and fit into the future routing of children in that section. Kingsford: Okay, the motion has been made and seconded to table until next meeting, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7: FINAL PLAT HAVEN COVE SUBDIVISION #3 BY DAVID M. COLLINS: Kingsford: Does Council have any questions or comments on that for staff or their engineer? Corrie: Mr. Mayor, I move we table this subdivision Final Plat due to the 10 foot easement also need to be developed, I recommend that they meet with the City Planner, the Schools and work that out. Yerrington: Second Kingsford: Moved and seconded, any discussion? Mr. Collins Collins: Yes sir, didn't we have in phase #2, a 20 foot path dedicated as an access down to the school through Haven Cove #2, now Haven Cove #3 doesn't abut anything that heads toward the school or recreation facility, that is church property, 2 different church properties, and a 5 acre tree farm, so there is really no where for a path to go out through phase #3 because its not contiguous with the south border, the master parcel, so it can't go south to Pine Street. Phase 3 kind of stands alone and like we went through it was either this Commission or the P & Z Commission I had an exit leading to the west out of this originally in my plan and it was pointed out that's church property, there is no reason for access over that direction. So there is really no room for a bike path there except for the one we have which is currently being used by the kids down along the Rutelage Lateral to go into the High School. It trespasses along Trekways property and down into the High School Property. Corrie: Well I'd still like you to meet with Wayne since this was part of his comment. Kingsford: Moved and seconded, all those in favor? Opposed? • • July 29,1993 Meridian City Council 33 East Idaho Ave. Meridian, Idaho 83642 Gentlemen, I would greatly appreciate a waiver of Condition 13 of the findings of fact and conclusions of law because the piping of the ditch would greatly impede my methods of irrigation as I anticipate the continued agricultural use of the property (Property B in the annexation application). Thus, this letter is to serve as notification that at which time the 11.35 acres located at 2675 N. Meridian Road are subdivided or developed that all Subdivision and Development Ordinances of the City of Meridian will be followed including Ord. 9-605M Piping of Ditches. However, I would request that when this property is subdivided or developed that the council consider allowing the abandonment and filling of said ditch as it directly feeds off the Onweiler Lateral to this property before dumping into the South Slough, and thus, the ditch serves only this property and no other property either upstream or downstream. Sinc e^y, r ~' Mike Cole DATE: ~ MERIDIAN CITY COL AGENDA I TEM NUMBER ~ ~ APPLICANT : ~~ ~/1~ D , ~ ,, AGENCY MERIDIAN POLICE COMMENTS: (t ~~ MERIDIAN FIRE DEPT. -~r ~ D'~~ ~~ ~'d ~ ~ ""~" MERIDIAN CITY ENGINEER - ~. D~ 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 - sue. J MERIDIAN PLANNING DIRECTOR - ;~JQ OTHER COMMENTS: /ZU' Q` ~~ SUPERINTENDENTOFSCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance 8~ Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)868-6701 October 26, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Lansbury Lane Dear Councilmen: I have reviewed the application for Lansbury Lane. 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, Dan Mabe, Deputy Superintendent DM:gr I T a.; a'> to [[YxJJ ~ vJ i!] m ~ cn o ~ ~ +n m c .• n] rr [IJ I.rncu~~aJ rn+mm ai °n°y.~ o r ~ rv]` o`ca cf~ ... ~j -~ CI.1 d .^ o ~` L Il~'1 Ll1 ~ W 47 Y5 m ~ t~ .il T h m t^+. [U In ~. K r- ]a n a•m I Yr sr it ~. m m ~ m T a- ~ ~: h ~ ."~.. m d to>^ c ~ i G ~ i°rQ. T.. en m ud-J `~'aom Y '~:a ~' °'aJo-...m `-,a r. ... 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ROBERT GI SLER WAYNEG.CROOKSTON,JR.,Attomey 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water supt. MERIDIAN ID AHO 83642 ROBERT D.CORRIE KENNY BOWERS, Fire Chief , Chelrman 2oning & 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 Memorandum To: Mayor, Council Members, Planning and Zoning Commissioners. From: Wayne S. Forrey, AIGP -Planning Dir or Date: 10 November 1993 Regarding: Final Plat of Lansbur}~ Lane Subdivision The name of this subdivision has.been changed from Lounsbury to Lansbury for convenience. This Final Plat complies with the current and proposed Meridian Comprehensive Plan and the original concept of the Preliminary Plat. This project also suppp~rts the diversified housing policies in the Co~prehensive Plan. This Final Plat complies with'the mirthnum requirements of the Meridian Zoning and Development Ordinance . A homeowners association should be created for this subdivision to enforce covenants. As a condition of approval, this subdivision should be redesigned to include a 10' access easement to the abutting undeveloped land for pedestrian access to school and recreation facilities as requested by the Meridian School District. a • Project ~.~'r1 S ~!W I'ti ~~~'t2 Sit ~ - Designed By Date ' Location h• m[NLL~I QNt ~• Checked By ~ Date ~ '. Description a~t•~Q ~ « _ _~ Sheet ~ of _~ ~~ r . ~~~ f'`ITV AC 11ACQIn1Aw1 -d. Project ~~hS ~ur~1 t~AMl .~u~7C~. Designer By Date ' Location °YI. ?~11~er~ d Lw~rt Crt, Checked By e~~ Date ~~ •93 ' ~~ ,,~ Description -~,t.._.: ~ p~ .~-_)~ _ ~ of ~ i- REGJUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A -request far preliminary plat app:r•aval must be ir, the City Clerks possession no later than three days following the -regular meeting of the Planning ar,d Zoning Commission. The Planning and Zoning Commissior, will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before S:iaO P. M. Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. I+twnsbury Lane 2. General Location, S. ~,N.E.4, Section 1, T.3 N.. R.1 W.. B.M. 3. Owners of retard, Mr~_ W nda T ~n~b ~r= Address, 2785 N. Meridian Road . Zip.B~Telephone 888-6654 4. Applicant, Cris D. Williams Address, 418 _ r.i nd r Rd _ MPri d; an 5. Engineer, David M. Collins Firm Colhn_s F:ngi nePri nq~_, Tnc_ Address 3350 Americana Tern. #120 ,Zip 83706 Telephone 344-4451 6. Name and address to receive City billings : Name Cris D. Williams Addres~j85 S _ L' nd _r, M _r~d an Telephone 88A-7ti~n Id. 83642 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres _ 13.7520 2. Number of lots 41 3. Lots per acre 2.98 4. Density per acre 2.98 5. Zoning Classification t s) _R.T. with request to zoning change to R-4. y i ~ 6. If the proposed subdivision is outside the Meridian City Limits but within the ~urisdictiar~ al mile, What is the existing zoning classification RT (rural transition) 7. Does the plat border a potential green belt No. b. Have recreational easements been provided for Nn_ 9. Are there proposed recreational amenities to the City No. Explain iii. Are there proposed dedications of common areas? ves Ex p 1 a i n~-andscape strips and For future parks? No. Explain 11. Wriat school t s ) service the area 1uler; d; an Srhnnl n; ct~ do you propose any agreements for future school sites 140. Explain 12. t]ther proposed amenities to the City None Water Supply City Supply Fire Department City Sup ply ether Cits Street Lights Ex p l a i n 1:3. Type of Building (Residential, Commercial, Industrial or combination ) Residential 14. Type of Dwellingts) Single Family, Duplexes, Multiplexes, other Sinale-family Dwe~ 1 in~~ 15. Proposed Development features: a. Minimum square footage of lot t s) , 8, 000 sa. ft. b. Minimum square footage of structure t s ) 1,700 sq. ft. minimum c. Are garages provides for, yes square footage 600 m; n~mt,m. d. Are other coverings provided for No. e. Landscaping has been provided for yes Describe front _lant3s~ape strip a~ad 7' ~ndsc~pe strip~p the street t2) ' • • f. Trees will be provided for ey s Trees will be maintained hcxnanwnr~r~ g. Sprinkler systems are provided for by homeowners. h. Are there multiple units No. Type remarks i. Are there special set back requirements des Explain 35'}'ft. set back for the house. j. Has off street parking been provided for ey s .Explain. driveway parking. k. Value range of property $130.000- $160,000 1. Type of financing for development hank r.nan m. Protective covenants were submitted~_, Date 4/1_5/93 16. Does the proposal land lock other property No. Does it create Enclaves rTcj STATEMENTS OF COMPLIANCE: 1. Streets. curbs, gutter-s and sidewalks are to be constructed to standards as .required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. ~. Proposed use is in conf ormance with the City of Meridian Comprehensive Plan. 3. Development will carnect to City services. ~. Development will comply with City Or•dir,ances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. t3) OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE 0. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Pollee Chief GARY SMITH, P.E., City Engineer ~~ -~F TREASURE VA~ 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 ~~~~~~~ ®C T 2 ~ 1993 CITY ®~ A+~ER1®~~~ COUNCILINEN RONALD R. TOLSMA ROBEfiT GiESLER MAX YERRINGTON ROBERT D. CORRIE Cflairman Zoning ~ Plann~ 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 McT-idian r LL ' may we have your answer by: ~ ~ 9 3 TRANSMITTAL DATE : IO 2L~ ~ 9 3 "~ ~::~k`(EARING DATE : ~ I~) lJt ~ ~,3 REDDEST : ~t ~(~` t~~(~'~' ~~ ~].r1`~g ot!~I`'t/ ~.GIY~ BY: L~7CATION OF PROPEf~TY ._31J , ~ 1 t,J JIM JOHNSON P/I MOE ALIDJANI,P/I JIM SHEARER, P/I CHARLES ROUNTREE, P/I TIM HEPPER, P/I 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 CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~~ :: , OR PROJECT : 1.,.. /~ ~ ~~1.~.` 9 4. ~ F .~~ s ~ ,~E)iIDIAN SCHOOL DISTRICT 9 ~~~~IERIO!~AN POST OFFICE (PRELIM AND fINAI PLATS) ''$, ADA COUNTY HIGHWAY DISTRICT . ,. .__. AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR...OISTRICT SETTLERS IRRIGATION`DISTRICT IDAHO POWER CQ'..(PRELIM AND FINAL PLATS) ` ",l~:S: WEST (PRELIM AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES ~ w` , ~ ~` ~ OTHER: (~ ~ YOUR CONCISE REMARKS: _ ~}LC. Co~~~w ~ ~~ w,~CL • y OFFICIALS WAYNE S. FORREY, AICP, Clty 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 yALLE~ 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 ~~~~~~ OR PROJECT ~~~~~~ O C T 2 7 193 CITY ®~ ~tE~i®~~~ 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 Met-idian may we have your answer by: ~ 199 3 ' TRANSMITTAL DATE : ) Z(~Q ~ 9 3 ~ ~ ~~ ~) ~3 ~I~I~RING DATE : ~• ~ ;z~a~ 1 >. RE9UEST : 1"'~ +r~ ` ~, -~` ,~ °tt .:,. L.GIYi ~,i C ^11 __ .d i ~. 'f LOCATION OF PROPERTY ~~ 3 ,~ 1W 7p(; JIM JOHNSON P/Z MOE ALIDJANI,P/Z ~: JIM SHEARER, P/I CHARLES ROUNTREE, P/Z TIM HEPPER, P/I 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 CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER COUNCILMEN RONALD R. TOLSMA R08ERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI ~~9 ~. z r~ ., ~~~. ~~~:L• a~~a~ fh „~ .,,~ _._.,~fE~It12~N SO#pOL STRICT s ~, ~IERID~AN P05T OFFICE (PRELIM ANDY FINAL PLATS) ~_> ADA COtlNTY HIGHWA;~F DLSTRICT ADA PLANNING ASSOCIATION `J CENTRAL DISTRICT HEALTH q'a NAMPA MERIDIAN IR1t~DI.STRICT SEIiTLERS IRGATIOII~'DISTRICT IDAI10 POWER-CQ`,~.-f ~+RELIM AND FINAL PlA1S ) "'~U~:5:~WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCI,~E REMARKS: OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney February 16, 1993 Mr. Chris Williams 4185 South Linder Road Meridian, ID 83642 HUB OF TREASURE VALLEY A Gotxl Place to Live COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE 33 EAST IDAHO WALT W. MORROW MERIDIAN, IDAHO83f)42 WAYNE S. FORREY, AICP Planner&ZoningAdminiatrator Phone (208) 888-4433 • FAX (208) 887-0813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -planning & Zoning GRANT P. KINGSFORD Mayor RE: Lansbury Lane Subdivision Dear Chris, At the regularly scheduled City Council meeting on February 15, 1994 Mr. Joe Simunich, owning property west of Lansbury Lane Subdivision and utilizing imgation water from the Onweiler Lateral, had several questions and concerns about the piping of the Onweiler Lateral. Please provide the following information to me to answer his questions: 1. A design detail of the pipeline entrance structure with weed grate, its location and path of access for cleaning purposes. 2. A design detail for bolted, non-removable covers for the clean out structures. (He also asked what his means of access to the clean out boxes will be.) 3. Provide documentation from ACRD for approval of the irrigation pipe crossings of the public right of ways. 4. Substantiate with the users that your designed pipe size will convey the historical flow of water to their properties. 5. A design detail of the diversion box to send flow south to Mr. Coles. Mr. Coles indicates the flow of water to his property could be as much as 300 miner inches. Page 1 Once you have details and other information available to address these concerns I request that you and or your engineer meet with Mr. Simunich, Mr. Cole and any other affected water user to obtain their approval of your plan and details. Please submit to me evidence of their approval of your plan and details. Si erely, . Smith, P.E. Public Works Director cc: File Joe Simunich Page 2 May 16, 1996 Cris D. Williams 4185 S. Linder Meridian, ID 83642 Re: Block 2, Lot 8 Dear Mr. Williams, Lansbury Lane Subdivision ~~~~av~® SAY' ~ 7199 ~!~ ®F SERI®IA~ Since we first occupied the grope experienced three separate flood g due ~o the irri ati ' we have west side of our property. We have already noted erosion of the ditch bank into our yard and one flower bed has already been drowned out. If left uncorrected this condition will cause significant damage to our yard. We have contacted the Nampa & Meridian Irrigation District. We spoke with Mr. ,john Anderson, who indicated that legal precedent is most likely on the side of the farmer since his irrigation operation was in place long before the subdivision was created. Therefore, as the developer responsible for preparation of the subdivision, we would appreciate your cooperation by investigating and correcting this situation as soon as possible. Respectfully, Harv . Lyter III and Vickie 480 W Claire Court • Yor Lyter -~ Meridian, ID 83642 884-8032 cc: Wes Waldorf and Sons Construction Nampa & Meridian Irrigation District Meridian Planning and Zoning Commission OFFICIALS ~hi£IB tJ~ 7`REASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA ~ CITY OF MERIDLAN W ROW ALTW.MO 33 EAST IDAHO ~ ~T~ SHARI STILES Planner&zoningAdministrator l~ MERIDIAN, IDAH083642 Phone (208) 888-4433 ~ FAX (208) 887813 ChairmanM PlOann ng & Zoning Public Works/Building Department (208) 887-2211 ~ ~~ ~ - ~ ~~~ °~ GRANT P. KINGSFORD rg~ ~~ ~~~ Mayor ~i WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney °'?' - ~4~~I'~SB»dX LANE SiJl3D~ST.ON July 5, 1994 SANITARY SEWER LINE ACCESS YSSUIv CHRONOLOGY OF EVENTS FROM FILE INFORMATION October 1, 1993--City approved plans for sewer and water installation. October 26, 1993--We received a letter from Cris Williams confirming that he will provide a gravel access roadway over the length of off-site sewer line. December 28, 1993--We received a copy of a recorded, signed sanitary sewer line easement for the length of off-site sewer line. Bob Flaten signed on July 7, 1993 and Cris Williams signed on July 6, 1993. May 26, 1994--The sanitary sewer and water systems receive final approval from city sewer and water inspectors. May 31, 1994--Cris Williams comes to Public Works Office requesting the letter of approval/acceptance for the sewer and water systems. He said he would be back tomorrow morning to pick it up. June 1, 1994--The letter of acceptance/approval by the city is issued by Gary Smith to Cris Williams. June 2, 1994--Bob Flaten comes to Public Works Office very upset about the gravel access road being there. Cris Williams has told him that the city has accepted the sewer line and therefore it is the city's problem. Bob Flaten says he has given Cris Williams until 5:00 P.M. this Friday to remove the road or he will do it. Cris Williams is contacted by telephone to tell him of Bob Flatens visit. June 2, 1994--Gary Smith writes letter to Cris Williams revoking the previously written letter of approval and acceptance of the sewer system. June 9, 1994--A memo is written for homebuilders picking up building permits in this subdivision that no occupancy permits or water meters can be set until the sewer line issue is resolved. June 29, 1994--Received a copy of a letter by attorney A.J. Bohner requesting that the access road be deleted from the requirements. ~ . June 30, 1994--John Shawcroft, Wastewater Superintendent, responds to Gary Smith request for review of Mr. Bohners letter requesting deletion of the gravel access road. • Garland Homes BO 8s Alison McCutchen 8221 Vest Brvnwood Drive Boise, Idaho 83704 {208) 376-0630 THE CITY OF MERIDIAN ATTEN: MAYOR GRANT KINGSFORD • ~~ ~ J ~~ ~. - ~ 19~~ ~'~ G~~ ~R~~~~ JULY 5, 1994 DEAR MAYOR KINGSFORD AND COUNCIL MEMBERS, I AM ONE OF MANY BIIILDERS AFFECTED WITH THE EASEMENT PROBLEM IN LANSBURY LANE SUBDIVISION. I WAS THE FIRST BUILDER TO BREAK GROUND UPON APPROVAL. THEREFORE I AM THE ONE FACING THE MOST PROBLEMS WITH THE OCCUPANCY HALT ON THE SUBDIVISION. MY MODEL HOME AT 112 WEST CLAIRE ST HAS BEEN READY FOR A CERTIFICATE OF OCCUPANCY FOR OVER THREE WEEKS. IT CONCERNS ME THAT THE SUBDIV- ISION HAS BEEN APPROVED FOR CONSTRIICTION AND THEN AT A MOMENTS NOTICE, I CANNOT OBTAIN A CERTIFICATE OF OCCUPANCY TO CLOSE THE HOUSE TO COLLECT MY OWN PAYCHECK. AT ONE POINT I WAS TOLD THAT MY WATER RIGHTS WERE BEING RETRACTED AND I HAD JIIST SOD AND LANDSCAPED THAT DAY. PLEASE UNDERSTAND MY CONCERNS AND DO YOUR VERY BEST AS YOII HAVE IN THE PAST, TO SEE THAT THIS IS RESOLVED IMMEDIATELY. I TRUELY APPRECIATE YOUR URGENT ATTENTION TO THIS MATTER AND HAVE FULL CONFIDENCE THAT IT WILL BE RESOLVED BEFORE IT BECOMES A FINANCIAL BURDEN FOR LOCAL BIIILDERS SIICH AS MYSELF. S NCERELY, ALISON r. MC CUTCHEN ~~ ~ '~~ ~ ,,~ ~,1~ Homes S July, 1994 Meridian City Council Meridian, Idaho 83642 Lifestyle Homes, Inc. 264 SoLrth Cole Road Boise, Idaho 83709 (208) 376-6015 C~3 ~`b ~ ~. _ 5 ~~~ I)F ~~ID~sa RE: Revocation of sewer easement in Lansbury Subdivision. Dear Meridian City Council Members and to whom it may concern: I have recently received the information that the Meridian City Council has placed a revocation on the easement for the sewer in Lansbury Subdivision. It is for this purpose that I am writing, to inform you of the concern that I, as a builder in the subdivision, have. Lifestyle Homes, Inc., is in the process of building a home in Lansbury Subdivision. It is more than obvious that without a certificate of occupancy, there is no way that we will be able to sell this home. I am sure that this is the concern of all of my fellow builders that are building in Lansbury. I understand the need to follow safety and health code regulations, however, I would ask that you will make a quick and fair resolution to this problem. Thank you very much, R. I~ent Mortensen Lifestyle Homes, Inc. P.O. Box 6439 • Boise, Idaho 83707 • (208) 376-6015 EDENBROOK, INC. Building Homes for Gracious Living Since 1975 J U L - 5 ~9~=~ COY ~F ~E~~D~ EDENBR®4K, INC. 181 South Cole Rd. Boise, ID 83709 7/5f94 To: Meridian City Council Gentleman, t am a home builder working to complete a home on lot 7 block 1 of Lansbury Lane Subdivision. Restrictions have been placed on this subdnrision. I have purchased a water permit from the city of Meridian, but i am being denied access to the water. I also am told that I will not receive a cert~cate of occupancy once the home is completed. 1 understand you will be addressing the issues that could resolve these two problems at your meeting tonight. I hope you can quickly reach an agreement, and the restrictions placed on Lansbury Lane Subdivision will be lifted. ~~~ P.O. BOX 4638 • BOISE, IDAHO 83711-4638 • PHONE 208/322-4414 Sincerely ~- n~ ~. F'c~rre AICP • ~~ ~~ Urban Planner and Development Analyst ~y 52 East Franklin Road -Meridian, Idaho 83642 5 July 19,94 _~morenen;ive ~~~~~,~ =~ - ' FL~i-~~' Mayor Kingsford and City Council :,,;.~ , ,~~v,~_S 33 East Idaho Avenue Meridian, Idaho 83642 Telephone (208) 887-60 Fax (208) 887-60° ~~ ~~ ~ '~ ~F ~~~~ Dear Mayor Kingsford and City Council Members: - Shortly after Jack Niemann passed away, I received a call from Mr. Robert Platen complaining about legal notices being mailed to his property address in Meridian and not "' - r"~` his residence in Boise. After my explanation, he better understood the legal notice - ~ ~-;, ~~ca=..;-, procedure and withdrew his complaint. ~ ::-.~~~~~,~~,t During this conversation, Mr. Flaten asked me if the City of Meridian wou _ ~'~~~~ encourage Mr. Chris Williams (Developer of Lansbury Lane Subdivision) to extend the sewer line to Lansbury Lane through his property. He indicated that he wanted to ~_ ;,;5 enhance the value of his investment property by getting sewer service on the north side of J the South Slough. He further indicated that he preferred the sewer not go through the ,~~-rent ., . - _ .. Ramon Yorgason property. ~ I informed Mr. Platen that if the sewer crossed his property, it would have to be in ~: _t. ~.,~.~ ~~ ~ a city approved easement with a gravel access road. He indicated to me that the easement - . ~ and road would be acceptable to him. ,: ;,,,~„ ~ I ran irrto Mr. Chris Williams at the Food Town grocery store and This afternoon ~t , ~~~ .y m , he discussed with me tonight's City Council review of the sewer easement and road across ,.~ . w Mr. Platen's property. When I told Mr. Williams about my prior conversation with Mr. c;:r~, „~~~,.f ~ he asked me to write this letter to you to verify that Mr. Platen understood there Platen -_ ~ -.,~~-~~~ , would be a sewer maintenance road across his property. _~:.. ~ I hope this gives you some useful background information. . u:ep es ,.: ~=.~ ~~ Res y~ r.;,~ -: '' ~~-~~~~~: ayne S. Forrey, AICP r. _,. _. .. .c.~ ..J OFFICIALS ~UB OF TREASURE VALLEY • ,~ Good Place to Live WILLIAM G. BERG, JR., City Cierk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney June 30, 1994 CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSEORD Mayor RECEIVED Mayor and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 ~.~.. /1,~ /~ ~~~/9y RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning JUN 3 0 1994 Meridian City Engineer Re: Request for Deletion of Gravel Access Road Over the Sewer Line Serving Lansbury Lane. Dear Mayor and Council, The issue as whether or not Mr. Platen gave permission for ~. gravel road is of no consequence to the Meridian Wastewater Department. What is of importance is the ability to access the sewer line and manholes in a manner which will no compromise the safety of department personnel and/or it's equipment. The line in question is 430' long and is not straight. This means that the line cannot be cleaned in one continuous shoot but must be addressed at each manhole. Although the probability is low that the 8" line would plug, the possibility does exist and must be addressed. The department does in fact own 1000 feet of hose for the hydrocleaning machine. However, the effective use of this hose is from the downstream side of an affected manhole. Only rarely will this machine be used from the upstream side and only then if no other . . options exist. Also, the hydrocleaning machine must be positioned above a manhole in order to be used. In wet weather, this could become impossible without a road. Another problem with Mr. Williams proposed style of maintenance is that the hydrocleaner produces 15~ psi of water pressure. Pressures of this magnitude are, dangerous. Therefore, I cannot allow any other uses or procedures other than those listed in the operations manual. -.a ..._ _: _ . _.~__._. - .----~-_. Thus, the need for an all-weather access road is evident. Safety, for the men and the machine, dictates that the requirement for the road be met prior to acceptance of the sewer line. Sincerely, ~ G2tc~--~ l~ John T. Shawcroft Wastewater Supt. ~{~ Nom. /~ ~ ~ SEC y ~~ J U~2 9 1994 ~®~1ER ~~IASAN ~ WALT®N QTY ®~ ~~~D1AI~ ATTORNEY S A T L A W A.J. BOHNER • PARK CENTER POINTS TELEPHONE ANDREW M. CHASAN 1459 TYRELL LANE • P.O. BOX 1069 (206) 345-3760 TIMOTHY C. WALTON BOISE, IDAHO 83701 FACSIMILE (208)345.1175 • Also admitted in Oregon McCALL OFFICE: ASPEN VILLAGE June 2 9 , 19 9 4 McCALL, IDAHO (208) 834431 HAND DELIVERED Chairman and All City Council Members CITY OF MERIDIAN 33 East Idaho Meridian, ID 83642 Re: Requirement for Gravel Road Over Easement Containing City Sewer Line Serving Lansbury Lane Subdivision -------------------------------------------------- Our File No. 14,418.1 Dear Chairman and Members: Please be advised the undersigned is legal counsel for Mr. Cris Williams, the owner and developer of Lansbury Lane Subdivision. The purpose of this letter and the concern of my client is the fact that the road which he built over and across real property owned by Mr. Robert Flaten which Mr. Williams believed was built pursuant to the attached easement and with the knowledge of Mr. Flaten for the purpose of maintaining the sewer line has been contested by Mr. Flaten in that he states he did not give permission to build a road and has demanded that the same be removed. Mr. Williams felt that subsequent to the City Attorney's review of the easement prior to its assignment to the City, that the easement containing the maintenance provision covered the road. He had previously discussed the road with the owner of the land over which the easement is located and firmly believes that the land owner knew of the City's requirement for a road. This is supported by Wayne Forrey, your former City Administrator, who is willing to testify that he was aware, prior to the road being built, that it was a requirement of the City. Mr. Flaten is now denying this fact. The purpose for the hearing before the Council is to request that the requirement for the road be removed as a • • Chairman and All City Council Members CITY OF MERIDIAN Page 2 June 29, 1994 condition to the approval of the City Engineer based upon the controversy provided by the land owner, which controversy, if litigation is required, could be very lengthy and time consuming and also on the fact that the road is not essential to the maintenance of this 430' of 8~~ sewer line. At the present time, the City has shut down the developer's ability to market the lots in Lansbury Lane Subdivision notwithstanding the fact that six houses are under construction and numerous lots have been sold. Investigation of the need for the road stems around the City of Meridian Sewer Department's concern if they have to go on the easement (which is a strip of land of approximately 430'). In the spring or fall when it is wet, they may have trouble getting their vehicles out there. Therefore, the need for a road. I believe everyone will agree that the probability of this 8~~ plastic sewer line plugging up is remote. This line was constructed to handle over 300 residences of which there are only going to be approximately 40 on it initially when the Lansbury Lane Subdivision is completed. Secondly, the Sewer Department's trucks do carry approximately 1,000 feet of hose which would allow them to reach any of the man holes on this property and the unlikely event that pluggage should take place from Mr. Williams' property. Mr. Williams is willing to put a cul de sac in at the end of his property to accomodate City vehicles. Therefore, in balancing the need to have the subdivision go forward and the hardships involved, it is respectfully requested that the requirement of the road not be a condition to the subdivision and the subdivision be allowed to go forward. The easement is still in place and vehicles have the right to go on the easement. The only concern the City has is that if in the unlikely event that it needed to go on the easement during the fall or spring that it would not be able to traverse the easement without a road. In that event, it is very clear that they have sufficient hose in which to handle the problem. It has also been investigated that the blockage can be worked on from either downstream or upstream side of the blockage with the equipment that the City has. Therefore, it is respectfully submitted that, based upon the hardship that would be caused to the developer, based upon the unlikely event of any problem with the sewer and the Chairman All City CITY OF Page 3 June 29, and Council MERIDIAN 1994 Members fact that it can still be maintained, it is respectfully requested that this condition be removed at this time. Sincerely yours, q. ~~~- A. Bohner on b~lf of Cris Williams, Lansbury Lane Subdivision AJB:kw C:~Williams.Ltr 00 >> m~ ~~ ~~~ N N O ~~ N ~ U NUS ~~a E c ~E°' ~ ~ E N O p ~~U -oho m m ~ a y V E N ~ L a ~~U L fd C O N N O C ~ N ~ C ~ ~U- ~_ E °i ~~ °' c ~i N c ~_ 3 m ~ ~ o n a "- ~ d ea o ``c °'f0 E .~o~ U O ~ V ~;~ ~oL o $ 3 m ~ c w ~ -~v =~_ 3 t m m a U U O c '~ a d E 2 pEp ~° C U U ' ~ ~ d 3 ~ a~ rood m ~ boa m O L a off Key Bank of Idaho ~~~ :.~.._ b _ Zb _ ~~ Commercial & International Services ~~K 702 West Idaho s` Boise, ID 83702 f:F'~ F \`iK OF IDAHO KEY BANK OF IDAHO KEY HANK OF IDAHO KE5' BANK OF IDAHO KEY BANK OF IpAHO KEY BANK OF IDAHO KEY BANK Of IDAHO KEY 6ANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of IDA HO KEY BANK Of L~ n DECEMBER 22, 1993 0 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1319 IN Z FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642 FOR THE ° ACCOUNT OF CRIS D. WILLIAMS, DEVELOPER OF LANSBURY LANE SUBDIVISION, 4185 S. a LiNDER, MERIDIAN, IDAHO 83642, UP TO THE AGGREGATE AMOUNT OF THIRTY TWO THOUSAND NINE HUNDRED FIVE AND NO/100 DOLLARS ($32,905.00) AVAILABLE BY Z BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: 0 s BENEFICIARY'S SIGNED STATEMENT CERTIFYING THAT THE DEVELOPER HAS FAILED TO ~ COMPLETE CONSTRUCTION OF LANSBURY LANE SUBDIVISION FOR ONE OR ALL OF THE a _ FOLLOWING: Q ` 1. STREET LIGHTING PER ENGINEER DRAWINGS (NOT TO EXCEED ($4,000.00} FOUR Z = THOUSAND DOLLARS). o a 2. NO PARKING SIGNS (4 SIGNS NOT TO EXCEED ($80.00) EIGHTY DOLLARS). - 3. SEWER ACCESS ROAD SUITABLE FOR A ONE TON VEHICLE (PER WRIGHT CONSTRUCTION SPECIFICATIONS NOT TO EXCEED ($1,500.00) ONE THOUSAND m FIVE HUNDRED DOLLARS). ° 4. PIPING OF THE ONWEILLER LATERAL (NOT TO EXCEED ($27,325.00) TWENTY s SEVEN THOUSAND THREE HUNDRED TWENTY-FIVE DOLLARS). j y A COPY OF LETTER OF DEFAULT FROM THE CITY OF MERIDIAN TO THE DEVELOPER MUST BE o DELIVERED TO KEY BANK EVIDENCING THE NOTICE OF DEFAULT. o SPECIAL INSTRUCTIONS: THE BENEFICIARY WILL NOTIFY THE DEVELOPER OF DEFAULT BY x A MINIMUM OF 30 DAYS PRIOR TO COLLECTION OF FUNDS. UPON COMPLETION OF CONSTRUCTION OF EACH ITEM, THE CITY HAS 3 WORKING DAYS IN WHICH TO RELEASE THE o z ASSOCIATED FUNDS UNDER THIS LETTER OF CREDIT. 'z PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL 0 LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. 0 0 0 0 THIS LETTER OF CREDIT IS EFFECTNE DECEMBER 23, 1993. x WE HEREBY AGREE WITH DF.AWEF.S, ENDORSERS AND BONA FIDE HOLDERS THAT ALL ° DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET r _ WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, ~ BOISE, IDAHO 83702. 0 0 x THIS LETTER OF CREDIT EXPIRES JUNE 26, 1994. ALL DOCUMENTS MUST BE PRESENTED ON z - OR BEFORE EXPIRY DATE. 0 _ _ ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF i o _ BENEFICIARY. '° , O ~~ ~ LOUANN J. SO ES M L ° V.P. & MG I ERNATIONAL INTERNATIONAL OFFICER Q ^ r c %N'rtl Ad% uHYOV i0 NNY9 Ai% OHYOI i0 %NY8 A3M OHYCII i0 %NYB A3% OHYOI i0 %NY8 A3% OHYOI i0 %NYB A3% OHY01 i0 %NYB Ai% OHYOI i0 %NY0 Ai% OHY01 i0 %NY8 A3% OHY01 i0 %NYB A3% OHY01 i0 %NY8 A3% OHYCIf a i0 %NY8 A3M OH THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC PRESENTATION DATE I AMOUNT IN FIGURES AND WORDS I NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: