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Home My WebLink AboutEnglewood Creek Subdivision • HUB OF TREASURE VALLEY COUNCIL MEMBERS ~ OFFICIALS . t WILLIAM G. BERG, Jr., Clty Clerk RONALD R. TOLSMA A Good Place to Live MAX YERRINGTON JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enplneer ROBERT D. CORRIE CITY OF MERIDIAN WALT W. MORROW BRUCE D. STUART, Water Works Supt. P b 2 COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. OENNISJ. SUMMERS, Parka supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P b 2 Adm. MOE ALIDJANI MERIDIAN IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollcs Chief Phone 208 888-4433 • FAX (208) 8871813 ~E~El~~DI CHARLIE ROUNTREE ( ) TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ~ ~ ~=~ ~ ~ ~J~S Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Julv 11, 1995 TRANSMITTAL DATE: 6/26/95 HEARING DATE: 7118/95 REQUEST: Variance Request for extension of Englewood Creek Subdivision plat BY: Rewabhi Patel LOCATION OF PROPERTY OR PROJECT: SW corner of Ustick Road and Ten Mile Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) GITY FkES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 Last IQaho illi(:Zt, Meridian, Ili 83G42 Ico,~: ~N~~ ~vv4o,p G'r~ ~sT.~T~s sU„E3,C~i~lsian/ VARIANCE., APPLICATinN (RE: Meridian Zoning Orduiance) NAME: ~G1n'A~H~ I ft. ~~! TEL Fhone: 322- /$S"O (Owner nr holder. of valid option) ADDRESS: SSS ~ L/ ~,~DO,~ ~/~V~l ~r~lsE /~~~-/y GENERAL LOCATTQN:.,~ W ~~~ of L/sr~c,e ~i~ ~1~~_7~/ M~c~ tea. LEGAL DESCRIPTION OF PROPERT'Y': !~ Po2Tiot/ Dr~~~~1Yr LoT 1. S~-c . 3 'T3N, E?/W, ,~/t'/.~ QOq G~OUMTY, /,t~A,~/o PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must he attached. PRESENT ZONE CLASSIFICATION: /Q ~ ~it~l~/V~,4~t/ VICIi~IiTY SKETCH: A vicinity map and/or site plan ai a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street lirom, and within a 300' radius of the parcel(s) proposed for a variance must be attached. {This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: ~XTFNF/0~1/D!r T/~E ONE yEA/Z ~M~ L/M/T Off' D/14 /~/ - 9- ~o ~ ~xo~ /~- 9_ to/lo I hereby certify that the information cantair-ed herein is true and correct. ___.:• SIGNATU' E'NlLE`Voo.C7 C ~ ,O~V. Rl~a2l~-yio~/ C,TTY COUNCIL RECnRDS Date Received Citx Council H~arin~„p_ate Received by WRITTEN NARRATIVE FOR VARIANCE TO ORDINANCES 11-9-604 & 11-9-616 Re: Englewood Creek Estates Subdivision 1. Address of subject property: 3595 W. Ustick Road Meridian, Idaho 83642 2. Applicant: Englewood Creek Development Corporation Rewabhai K. Patel 8589 W. Brookview Boise, Idaho 83709 3. Owner of Record: Rewabhai K. Patel 8589 W. Brookview Boise, Idaho 83709 4. Proof of Ownership: Attached 5. Legal Description of Property: A portion of Government Lot 1, Section 3, T3N, R1 W, BM, Ada County, Idaho 6. Present use of Property: Currently zoned R-4 (Meridian) Formally zoned RT (Ada County) 7. Intention for or with Property: Single Family Residential Subdivision 8. District: "~ 9. Vicinity Map: Attached 10. Building Plans: Not Applicable 11. List of adjacent Property Owners: • Attached 12. Characteristics of property which prevent compliance: Not Applicable 13. Minimum requirements of Ordinance to be reduced to permit proposed use: One year time limit from Final Plat Approval to Beginning of Construction and Final Plat Recording 14. Difficulty or hardship resulting if Ordinance is strictly complied with: Time and cost required for developer, City of Meridian and other agencies to have property de-annexed and require Preliminary and Final Plat Applications and Engineering Plans be re-submitted and re-reviewed by all agencies. ece\ord. variance\rjhj 1 June 7, 1995 • • 15. Unusual or peculiar Circumstances which indicate that regulations of these Ordinances should not be strictly complied with: Partially due to the time required to obtain the approvals (see item 1$). 16. Special conditions and circumstances peculiar to the land, structure or buildings which are not applicable to others in the same district: Not Applicable 17. Provisions of Ordinances that will deprive applicant of rights commonly enjoyed by others: Sufficient time to obtain approvals based on the special circumstances in item 18. 18. Special conditions or circumstances that were not a result of the applicant's action: There are several reasons why the final plat approval process has taken so long to complete, however, the primary reasons are as follows: a. Meridian City Development Agreement was just introduced as a requirement and needed modifications to the wording which required approval by Meridian City Attorney and City Council. b. Nampa-Meridian Irrigation Co. desired to have a pressurized irrigation system that would serve several adjacent developments and required an agreement between them and the several developments prior to them approving the plans. Then Nampa-Meridian Irrigation Co. lost the engineering plans that we submitted for review and approval and had to be re-submitted to them. The plans must be approved by them prior to Meridian City signing the Final Plat for recording. c. Approvals have been obtained from all agencies required prior to submitting to Meridian City except Nampa-Meridian Irrigation Co. 19. Granting of this variance will not confer any privilege to the applicant that is denied by this ordinance to other properties: No more privilege than other properties have. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: 21. Fee established by the Council: Paid at time of application 22. How would the granting of the variance convenience the applicant, how would the applicant profit therefrom, and is this the sole reason the variance is requested: The granting of this variance would convenience the applicant by not requiring the applicant to re-apply and resubmit for review and approvals. The applicant would profit time wise and monetarily. This is the primary reason for the request, however, Meridian City, other agencies, and adjacent developers would profit also. 23. Posting property 1 week prior to hearing stating applicant has applied for a variance and a signed affidavit that this has been done: This will be provided. c i and J.H. Jewell ' Englewood Creek Devel ment Corporation ecelord. varisnce\rjhj 2 June 7, 1995 T T_ '~ .~ ctUE~ 1~ i i i v ~/ t 1 N ITY NlAP J e_ ~ 1 - 300 RT u ~ ~5 \ T I RT K ENG-~LEWOOD GR "E1c`~ ESTATES ~o~ser~ ~rI~TION RT RT I i, ~i 3 ' 35 i • M E1~! MAN CITY L 1 M ITS Q i = s w •Ma[rrei~w sT ~ " ~ p E~ • 6 r t~ i `~ .. ` r • . ~ .~ _ ~ s • e " • + • ~` ' . . . ,o ., ~s w ~t Is ~9 u 2• ~ M MIA1.(-E CI u a s ~ a RKW04 ~ : ~ , I -s s ,.~ ~ 1M __ I1rL~?REAY ~j A P R- 2 ,3 - 9 3 F R I 1~ 3 C O L D W E L L B A N A S P E N R E P_ 0 BUYER (S) F I N A L C LOS I N G S T A T E M E N T prepared by ' Stewart Title of Idaho 8385 Emerald Street Boise, Tdahc~ 83704 (20$) 37$-1666 $uyer(s)......: REWA$~LAI K. pATEL Seller(s).....: ROBERT V. ENGLE, CLAUDINA M. ENGLE Lender........: Property......: 359a W. USTZCK ROAD MER7:DIAN, IDAHO 83642 Clas~.ng date..: 03/19/1993 Proration date: 03/19/1993 File Number...: 92032840 DEBIT CREDIT -------------- SALES PRICE ...................................... 330,000.00 PROBATIONS: County Taxes ..................................... from 01/01/93 to 03/19/93 ~ $ 7..85595 per day Trrigatian........... ..... .................. ,' Pram 01/01/93 to 03/19/93 ~ $ 1.85392 per day ESCRQW CHARGES: Escrow Fee - 1/2 EACH ............................ PAYEE..,; STEWART TITLE OF TDAHQ, INC. RECORDING FEES/TRANSFER CHARGES: Recording Fee Deed amount $24.00 ................. PAYEE...: STEWART TITLE OF IDAHO, INC. MISCELLANEOUS CHARGES: Irrigztion - SPRING 1993 .. ...................... PAYEE...: NAMPA MERIDYAN.IRRIGATION ............................... ......SUBTOTALS: ..........................BALANCE DUE FROM $UYER: ..........................................TOTALS: 7.42.91 142.75 175.00 24.00 8.80 330,207.80 33o,zo7.ea 285.66 329,922.14 330,207.80 WE APPROVE THE F0~2.EGOTNG SETTLEMENT STATEMENT, IN ITS ENTZRETX, AUTHORIZE PAYMENTS IN ACCORDANCE THEREWITH AND ACKNOWLEDGE RECEIPT OF A COPY THEREOF. DATED THIS DA,Y 0~' ~MAR~ IN THE YEAR 1 ~~ . REW . STEWAR'I' TITLE OF IDAHO, INC. BY • DATE : 3/19/93 - • TRINA PJI ITA,t9I , Escraw xc x • • ENGLEWOOD CREEK E~'TATES A PARTPdERSHIP FORMED IN THE STATE OF IDAHO Partners Glenn L. Johnson Richard J.H. Jewell John Gunderson George A. Lyda Rewabhai K. Patel Karshan K. Patel Rick Thurber Parcent of ownership 14.375 14.375 14.375$ 1'~ . 375 20.00$ 20.00$ 2.50$ The above named hereby form a partnership for the specific purpose of purchasing and developing property known as 3595 W. tlstick Road, Meridian, Idaho, and any other projects as may be deemed acceptable by all partners herein above named. The partnership shall be known as Englewood Creek Partnership. The following points are agreed upon by all partners: 1. No salaries or draws will be taken by any of the partners. Compensation will be received out of profits which will be distributed on the same percentage as listed above. Excluded from this is repayment of Rewabhai k. Patel's and Karshan K. Patel's investment into the partnership as described below. 2. The partnership is hereby authorized to open a checking account at a bank of mutual choice in the name of Englewood Creek Partnership. Two signatures required on all checks. 3. Rewabhai k. Patel and Karshan K. Patel agree to purchase the subject property for the agreed upon purchase price of $330,000.00, as per the purchase agreement dated March 18, 1992 (#089699). Said purchase to be with cash, creating no liens against said property. Said $330,000.00 to accrue interest to the Patels' at 10$ beginning the day said funds are delivered to Stewart Title for closing. 4. The partners agree to diligently pursue developing said property into a single family subdivision. Patels' agree to deed the property for each phase to the partnership at the time the development loan for said phase records. 5. Income to the partnership to be paid first to the development lender on the predescribed percentage as set forth by said lender. Patels' are to receive 10$ of each lot payoff which will be applied to the accrued interest and principal of their investment. When the development loan is paid off, Patels' are to receive 90$ of the lot payoff proceeds, which will be applied to accrued interest and principal until the balance of their ~.. • investment is paid off. 6. The partnership agrees to pay all taxes and assessments on the property. 7. It is noted that Rick Thurber is an agent with Coldwell Banker Aspen Realty and will be marketing the project under separate contract dated March 23, 1992, and signed by partners Gundersen and Johnson. The partners agree to sign said contract. Agreed upon t}~is~ day of March, 1993 ~ ~. Ulenn L. Joh-n'son Jo Gundersen ' Rewa ai K. Pat 1 Ric and J. H . J 1 eorge A. da -Rick Thurber Karshan K. Patel • • 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 City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 18, 1995, for the purpose of reviewing and considering the Application of Rewabhai Patel, for a Variance Application for land located in A portion of Gov't Lot 1, Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the SW comer of Ustick Road and N. Ten Mile Road. The Application requests a Variance for an extension of the one year time limit of Ordinance 11-9-604 and 11-9-616. Amore 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 26th day of June, 1995. WILLIAM G. BERG, JR., CI CL RK v ~/I~N ITY NlAP ~ 1" = 300' RT u ~5 T ~ T K ENG-tLEWo00 GRL^EK~( ESTATES PRO~se.r~ ~*N~IExaTION RT RT 3 ' 35 ., Z .. M E~I!'~IAN CITY L 1 M ITS ~ s e M .wtcr.euw sr. ~ ` ~ p Elr e e ~ i ,~ _ ~ r • 3 s . ,. ;~ _ ~ ~ ! ~ 6 Y • f' . t -' w.~ ~wcw~w~~r •x a ,c ~~ ., ~• ~ 1 " M MIfl1.(!E CT ~_ ~ ~, a a+~ ~,/ ~ '\ w ~~~~p~ --- `~ r c ~ . c ~ ~: ,~. .. • Proposed ENGLEUIOOD CREEK ESTATES LIST OF PROPERTY OWNERS KITBIN 300' RADIOS PARCEL # & ADDRESS 51203110300 3595 W. Ustick Rd. Meridian, Id. 83642 S1203110010 3175 N. Ten Mile Rd. Meridian, Id. 83642 S1203110031 3157 N. Ten Miie Rd. Meridian, Id. 83642 S1203110~~' ~- 3095 N. Ten Mile Rd. Meridian, Id. 83642 S1203120700 3875 W. Ustick Rd. Meridian, Id. 83642 51203131500 Sea Island Meridian, Id. 83642 51203142000 2485 N. Ten Mile Rd. Meridian, Id. 83642 S1202233600 2770 N. Ten Mile Rd. Meridian, Id. 83642 S0434449400 3365 N. Ten Mile Rd. Meridian, Id. 83642 81277400000 2963 N. Aearth Meridian, Id. 83642 S/~~o31lm3gS ~S4S ~-~.srrc~ np ~a-RrArANr (D S'~GyZ • S- /2,a3//o/oS~ PARCEL OWNER & ADDRESS Rewabhai K. & Karshan K. Patel 8589 W. Brookview Boise, Id. 83709 JEsrRAa~K /{ca. P ac F J /t y- GATHF_Rl~~ p- f~4n+~y TR4S! 3175 N. Ten Mile Rd/. Meridian, Id. 83642 3157 N. Ten Mile Rd. Meridian, Id. 83642 3095 N. Ten Mile Rd. Meridian, Idaho 83642 Leonard A. & Feda Nadine Aschenbrenner 3875 W. Ustick Rd. Meridian, Id. 83642 Kent G. & Mary R. Barney 2374 N. Ten Mile Rd. Meridian, Id. 83642 W.E. & Viola M. Teter Trustees of Rev. Liv. Trust 2201 Allumbaugh Boise, Id. 83704 Gary L. Voight P.O. Box 2044 Idaho Falls, Id. 83403 Larry K. Peterson 3365 N. Ten Mile Rd. Meridian, Id. 83642 McBee Corporation 2100 Zircon P1. Meridian, Id. 83642 ~ ym~.. ,may ~o6G/+.T L ~ h/'~X~I~'rE 3 S` 9 S +••~• s T r c is !~l p, (yEfL(DtRN G~9ND t)~(/. I( ~(,~, I.S`e z Y e/ s~ ~°a~z ~ R o ~ c.. , z o y ~.~t ~ r~ ~ I o ~ Np F 3 X06 4°r9ecGec. '~/3Al~rL,~SS ~ GJF~.RC~ ~- pwI'/ILl~ • ~DUn~~S t Z '7 7 ~{ fl o o $'~o 2 SS`5' N Ff r ~ RTN ,qv /-tFftr Drr9N ~ rO. 8"3G4z, ~ 6~~ ~~ s~~ s~ ~f 3$ w !'IrRH?e ~r hP6~r~rr,~w, r n ~'36~ L CGS'? ~9'Sm /~o ~Z~~S7 G`tSo/z,~ ~ 1 S/ c.~ /-~ r Q~ y E c T ,~ 0`{3 Y~ ~Sfr~~ 3 6 ~ •~ c.. r.... S tc c.K- (~ o h~.c~vr~s-'-r r0, S36V.Z ~.~~3Yy3~/o~ 3 6ro w ~STr cK /tD PiE2t n.rtti, cn, 8'~6~Z w1-~rT~.-Ecc. Rotir9ca J ~-- ~MA-N-~r9 ~- 2 8 5 5 N l~ ~E /4 R T N Ri: r o H~ r f-I d rr r9s ~-- D E c. ~ r9 r /t ~- O .E r+ E 3 ~ 3 ~ ~., h t~ ~5E ~r /`~~Rr Oir~wt l Q. SS~`fZ T~.Fr~~r t3.~it(~~~M r 3 1 S6 u. r~,~regz ~r p-~rlir'nl~9wr f0, $3~4Z ~ L J-o N L 'f-- /9 N N k C t~ of f 7' Ta ~ w ~ N F ~ R o S -E-• f~ ~ T ry c. o ~, 3 `go w k-S)'~ CK !~O G. o T' w ,E ti f~ rZ ,,..~~ T`K ~. ~'- r`( r9 /j J + ~ y r • i Meridian City Council November 8, 1995 Page 12 Smith: Well, from my standpoint Councilman Morrow they were clearly set forth in my comment sheet and as I recall Roylance did respond, their engineers did respond to each one of those comments and answered those satisfactorily. Kingsford: Any other questions of the Council? Is there a motion on the preliminary plat? Morrow: Mr. Mayor I would move that v+re approve the preliminary plat for Los Alamitos Subdivision NO. 3 by Fannrest Developers subject to all City of Meridian staff conditions, ACHD conditions and any other conditions that may be brought forth in terms of the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the preliminary plat for Los Alamitos Subdivision subject to all staff requirements being met and all ACRD requirements being met and all other requirements in the development agreement being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED OCTOBER 17, 1995: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK: Kingsford: Does the Council have questions or comments about that? Morrow. Mr. Mayor, what was the reason for tabling? Kingsford: You wanted a presentation I believe from the minutes. Is the representative here from Englewood? Would you make that presentation please? Johnson: Glen Johnson is my name Mr. Mayor, members of the Council. When we first started the Englewood Creek Subdivision in the planning portion of it, at that particular time things were better than they are now obviously. That was several years ago, then wee were the only development in that area with that square footage and we felt because of the, we haven't even started the development yet, again this is one of the reasons. Because with that square footage there is nothing around us out there that has that size of homes required. So in order for us to build out lots we really need to have the 1500 square foot because the zoning calls for 1400 and everything around us that size or 1500 is the maximum for any of the surrounding subdivisions in the area. In fact we even took this back to the Planning and Zoning which was requested by Council earlier this year, we Meridian City Council November 8, 1995 Page 13 followed the steps that were recommended by City Council, went to Planning and Zoning and now here we are back here again requesting that this be amended. Kingsford: Any questions of the applicant? Morrow. The original proposal for the 1800 square feet was brought forth by you and your presentation to P & Z and Council on the original application? Johnson: Well, it wasn't by me personally but it was by our development corporation. Morrow. So the purpose for reduction here is for purely financial reasons to sell lots. Johnson: That is correct, without that there is no reason to go forward with the development as it is. We couldn't sell lots and what we develop property for is to make a profit and if there can't be a profit made we (inaudible). Morrow: I understand those points, I guess my reluctance here is this presentation was made to the City Council and P & Z and the elected representatives bought off on an upscale project being located within the City and through the public hearings and testimony and so on and so forth the community through its elected officials had the perception of a subdivision of 1800 square foot plus homes was going to be developed there. And then here we are now because of and none of that was qualified by market computations, here we are now with you before us requesting to be down sized because of changing market conditions. What that means is from our stand point as a City we are also down sizing something that we thought we were getting as a pleasant addition to the community. And so I have somewhat of a problem with that. Johnson: That is the reason that the Council recommended that we go back to public hearings at Planning and Zoning which we did, Planning and Zoning recommended approval of the reduction to 1500 square feet so we have done everything that the Council and City Planning and Zoning has asked us to do so we could further this and develop the property. Corrie: Mr. Mayor, what range of homes sizes are you planning there, you have a 1500 square foot minimum but what are you planning as the upper levels? Johnson: Oh, I think some of them will be over 2000 square feet, but we don't want to have to start at 1800 because, it is really not going to help the development any because then you all of the sudden you have one spot there with 1800 square foot houses all around it in fact to the south of us there are 1350 square foot minimums and 1400's and 1500's everywhere else. I don't think it is going to be a benefit to the City really to have a whole bunch of vacant lots sitting out there with no house. • Meridian City Council November 8, 1995 Page 14 Kingsford: Any other questions? Thank you Mr. Johnson. Council has those amended findings from P & Z is there a motion? Corrie: Mr. Mayor, I move vue approve the amended findings of fact and conclusions of law from the Planning and Zoning Commission. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the amended findings of fact and conclusions of lawfor the Englewood Creek Subdivision, square foot sizes, roll call vote. ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie -Yea MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Corrie: Mr. Mayor I move we approve the decision of the Planning and Zoning Commission as stated. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the decision as prepared by the P & Z, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #10: TABLED OCTOBER 17, 1995: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: Kingsford: It is my understanding we had a request to table that again, am I correct, Mr. Berg? Shari, is this number 10 item, was it requested to be tabled again or did I just dream that up? Stiles: Mr. Mayor, that is Billy Quinn's he has requested that it be tabled so he can get his legal description straightened out. Kingsford: Did he ask for a date certain for it to be tabled to? Stiles: Just to the next meeting on the 21st. • • Meridian City Council October 17, 1995 Page 25 conclusions of law for Waterbury Park No. 5 as written, Joe did you have a comment on that, we are talking about the tiling of the ditch? Simunich: I am Joe Simunich I reside at 955 W. Ustick Road in Meridian. Mr. Mayor and Council, to me it is irrelevant whether this ditch is left open or tiled. But I think the Council should realize that this also acts as a creek. This Creason Lateral also drains surface water and subsurface water. Meridian city put a sewer line through my place in 1992 this sewer line raised the water table. Keller and Associates .has six test holes there. I have four letters to the City Council and the City Engineer in 1992. I have not been addressed yet except Mr. Keller told me last year in July that the water table is higher on our property because of the sewer line. If this Creason Lateral is also tiled and no consideration made and not engineered adequately it won't accept the water from the adjoining properties and therefore it will raise the water table again on our property on the north side of the Creason Lateral. So I think before firm decision is made, there should be some good engineering done on this project. Thank you. Kingsford: You have heard the motion and the second, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington - No, Corrie -Yea, Tolsma -Yea MOTION CARRIED: 3 Yeas, 1 No Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor I would move that the decision is essentially it is decided the application for variance from 11-9-605 M is granted under the conditions stated herein. The ditch shall be fenced with either chain link or rod iron on both sides of the right of way. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the decision, all those in favor? Opposed? MOTION CARRIED: 3 Yes, 1 No ITEM #15: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK SUBDIVISION: Kingsford: Does Council have any questions of the applicant on that? • • Meridian City Council October 17, 1995 Page 26 Morrow: Can we have a short presentation from the applicant? Kingsford: Is the applicant present, Englewood Creek? It was notified, not present. Morrow: Mr. Mayor I would like to hear a presentation from the applicant, if the applicant is not here 1 would suggest that we table this to our November 8 meeting. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this to the November 8 meeting request that the applicant make a presentation at that meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 73.5 ACRES TO C-G BY LANGLY AND ASSOCIATES: Kingsford: At this time I will open the public and invite the applicant or his designee to speak first. Russell Keithly, Langly Associates, 3633 136 Place SE, Suite 205, Bellevue, WA, was sworn by the City Attorney. Keithly: How long are you going to allow Mr. Mayor? Ingsford: Try to keep it brief. Our comments speak to three minutes but 1 know this is a large project but try and keep it brief. Keithly: By way of background on Langly and Associates is a Bellevue based developer, we are 11 years old. Our primary are of development is Seattle, we have done projects in Portland and Denver and this is our first attempt to do a project in Idaho. We have done similar projects to what we are proposing. The most similar one is in Issaquah, Washington. It is approximately 550,000 square feet of retail and 650,000 square feet of office about 1.2 million square foot project. Getting directly into this project, and I am not sure how to deal with this. I think it is important that I talk from the site plan so you understand it without blinding the audience. I guess there is just no way to talk to you. Kingsford: Maybe Mr. Keithly you can come over here and speak into this microphone and the audience can see that as well as the Council or take the hand held over there. Keithly: First, I think you are all familiar with this site location, it is at the intersection of I-84 • Meridian Planning & Zoning Commission October 10, 1995 Page 37 Amyx: Okay Crookston: If you couldn't meet the ordinances right now. Johnson: Does anyone else have any questions or discussion points? In order for us to act on it we would need an application for annexation and zoning, right? That is the only way we could solve his problem. It is a good idea to sit down with Shari prior to that and she what she wants incorporated or she would suggest that you incorporate into your application and we will see if we can help you out. Amyx: Okay, do you guys have anything that you would like in there, do you have any feelings of what you want there? Johnson: Well, it would help if you tear the house down. I think we are trying to work with you is what we are telling you. Wayne is in a position that he has to advise you that we still have the ordinances to follow and the only people that can override that is the City and if they consider that to be a legitimate and worthwhile variance you know without harming anyone else they would probably do that. But it also might be a good idea that you talk to some of the City people as well, the City Council members as well. It would be a real good idea since they are always suggesting people talk to us. Talk to three or four of those people and talk to Shari Stiles and then you can get your application to us. And the process is a 120 day minimum. Amyx: Thank you ITEM #17: AMENDED FINDINGS OF FACT AND AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION REQUEST TO REDUCE THE REQUIRED MINIMUM HOUSE SIZE OF 1800 DOWN TO 1500 SQUARE FEET: Johnson: Any questions regarding these findings of fact that have been prepared here, these have been amended to my understanding that is the only change is the house size. Crookston: That is correct, there are some other very minor things but they don't address specifics of it. Johnson: Someone like to make a motion on the findings then if there is no further discussion? Rountree: Mr. Chairman I move that we adopt and approve the Amended findings of fact and conclusions. • . Meridian Planning & Zoning Commission October 10, 1995 Page 38 Shearer: Second Johnson: It is moved and seconded we adopt the findings of fact and conclusions of law with the changes, the amended findings of fact, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: Any decision or recommendation you would like to pass onto the City Council at this time? Rountree: Mr. Chairman I move we pass on the decision and recommendation as written to the City Council. Hepper: Second Johnson: We have a motion and a second to pass the decision or recommendation as written by the City Attorney onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Are there any further items the Commissioners would like to bring before us at this time? Rountree: You mentioned something about a special meeting? Johnson: What I would like to do in the interest of trying to move some people along, we are tabling so many items that I would like to have a special meeting in a month if we could agree to that. A lot of that hinges on whether Wayne can do the findings of fact. I would like to shoot for the week after next if we could. I kind of need your response on that. There are 2 or 3 of those findings of fact if you get them done it would make it worthwhile. How is your workload? Crookston: Does heavy mean anything? Johnson: No that is for cream and things like that. How about Thursday the 26th? Not Thursday, is that when you play darts. We are talking about 5:00 or 5:30. Shearer: I can handle that. • MERIDIAN CITY COUNCIL MEETING: AUGUST 1.1995 APPLICANT REWABHI PATEL ITEM NUMBER; 4 REQUEST; FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION WITH A VARIANCE REQUEST. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUJLDING DEPT: MERIDIAN SCHOOL DISTRICT: ~T~~iI.~~Y~~ FINDINGS OF FACTS AND CONCLUSIONS OF LAW MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~"\ OTHER: ~1 Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF ENGLEWOOD CREEK DEVELOPMENT CORPORATION FOR A VARIANCE FROM THE 11-9-604 I. 1. RECORDING OF FINAL PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on July 18, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for July 18, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 18, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E. , 11-2-419 D. , and 11- 9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 1 • • Meridian; that this requirement has been met. 3. That Ordinance 11-9-604 I 1., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that Richard Jewell testified at the July 18, 1995, hearing stating that they had extended and gone beyond the time date and request this extension; that in the Application for the variance it is stated that reason for the variance and the time extension to record the final plat was due to the time required to obtain the approvals; that the Meridian City Development Agreement was just introduced as a requirement and needed modifications to the wording which required approval by Meridian City Attorney and City Council; that Nampa-Meridian Irrigation District desired to have a pressurized irrigation system that would serve several adjacent developments and required an agreement between them and the several developments prior to them approving the plans; that Nampa-Meridian Irrigation District lost the engineering plans that were submitted for review and approval and had to be re-submitted. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full; that approval of the final plats was granted by the City FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 2 • • Council on April 5, 1994. 6. That the Applicant is not the property owner; that the owner are Rewabhai K. Patel and Karshaw K Patel and they are partners in the Applicant. 7. That no people appeared at the hearing objecting to the variance application. 8. That the Nampa-Meridian Irrigation District and Meridian Police Department reviewed the application for variance and made no comment; that the Central District Health Department commented that they recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. 9. That the Ordinance, 11-9-604 I, states as follows: 1. Approval Period - Final plat shall be filed with the County Recorder within one (1) year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one (1) year from the end of the original one (1) year period. Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one (1) year and must be in writing. 10. That the Application for the extension was not made within one year, but was made in writing and the variance is needed because the application was not filed within the pone year period. 11. That proper notice was given as required by law and all procedures before the City Council have been given and followed. FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 3 • • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice of hearing on the proposed variance to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 4 • • follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that the Applicant could have recorded the plats within one year of , but then under Section 11-9-616 Applicant would have one year to commence construction and an additional year to complete construction; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 5 • • in effect when the subdivision was approved. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of 11-9-604 I 1. would clearly be unreasonable. b. That strict compliance with the requirements of the 11-9- 604 I 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted, but since there have been no significant Subdivision and Development Ordinance changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before April 5, 1996. The requirements of 11-9-616 shall be complied with, with the one year to begin construction to commence to start as of April 5, 1995. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and all other ordinances of the City of FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 6 • Meridian, except as stated herein, must be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the variance from the 11-9-604 I 1. is hereby granted and the plat must be recorded on or before April 5, 1996; that the requirements of 11-9-616 shall be complied with, with the one ear to begin construction to commence to start as of April 5, 199 APPROVED : ~nCl`~~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - ENGLEWOOD CREEK Page 7 • ~ • Meridian City Cou~icil July 18, 1995 Page 36 Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare an ordinance annexing and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR ENGLEWOOD SUBDIVISION BY REWABHAI PATEL: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Richard Jewell, 1082 Arlington, Eagle, was swum by the City Attorney. Jewell: Mr. Mayor and Council members, I respectfully request an extension on Englewood subdivision. We have expired our time limit for the one year from the time of final plat to the time of beginning construction or recording the plat. We have extended, we have gone beyond that time date and with discussions with Mr. Crookston and Ms. Stiles we determined we were able to submit to the Council during the public hearing to request for this extension. I assume that you all have before you the letter that I submitted requesting this and if you have any questions regarding any of those statements I would be happy to answer them. Morrow. Mr. Mayor, I guess I am confused here, is not the public hearing a request for a variance for Kingsford: The variance is to our ordinance that sets the time limits since that has gone by as I understand it. Am I correct there? Jewell: That is the way I understand it. Morrow. I guess the letter that I am reading is July 14th and it talks about minimum dwelling sizes. Cowie: I also got another on July 14 from somebody named Jed Trebeck stating that they want to be de-annexed if they extend it. Jewell: That is not Englewood. • Meridian Gity Council July 18, 1995 Page 37 • Kingsford: We need to get Shari back in to address those. I don't think Mr. Jewell, I don't know whether you have seen those. Shari these items on Englewood with regard to, how does that pertain to Mr. Jewell's request for a variance? Stiles: Mr. Mayor and Council, there was a problem that Mr. Jesterbeck he has just passed away now. He was worried that part of his property is still in the City. He was concerned that the ordinance be amended so that his piece of his property was not in the City. I am not certain that the annexation ordinance is correct now but I would assume since we did do an amended ordinance that it took care of that problem. I understood that was taken care of. Morrow. I guess I am confused here. The agenda calls for the variance as I understand it for an extension for Englewood Creek and that is what Mr. Jewell is addressing, but in our packet we have got actually 3 different pieces of information with respect to this subdivision. Is that correct, we have the variance for the extension, we have an issue talking about square footages and we have an issue by the Jseterbeck's talking about wanting to be de-annexed. So, I guess which is that we are dealing with. We are just dealing with the request for the variance for the extension of the plat is that correct tonight and nothing else? Stiles: Yes Kingsford: Will are you saying that some of that shouldn't have been stapled to this packet? Berg: I don't believe that it was stapled it was just put in the box. The deal with the concern of the property owners to the east came about with that letter because they were noticed for a hearing concerning Englewood for this variance. They were concerned and wanted to make sure that their property was taken care of being de-annexed. That is why vae got the letter in that packet because that was a response of the notice. Morrow. Okay, so what I have done here is mistakenly put these other issues altogether. Berg: The one letter deals with square footage does not concern this variance. Morrow. So the only thing we are talking about is Kingsford: The extension of time the variance to grant an extension of time on the subdivision. Just so as to not muddy the water too much Wayne or Gary are you clear on was the in question property de-annexed with the amended ordinance? • • Meridian City Council July 18, 1995 Page 38 Crookston: We did an amended ordinance to delete a portion of land that was initially included. I don't recall the name involved but we have done that. Jewell: Mr. Mayor, if I am understanding correctly which piece of property it was the original issue was that particular property owner had been encroaching onto our property. So, we came out with an agreement with him to go ahead and go around his building. So that he was not part of our property, the building wasn't. That was after I think it was annexed and so we had to make a revision to that. My understanding that was cleared up quite some time ago. Crookston: That is correct. Kingsford: Would you remember is this name the part in question? Jewell: I am sorry I don't remember it has been too long ago. Kingsford: I think that you are right. At issue then is the variance on the time extension. Any questions for Mr. Jewell on that? Thank you, it is a public hearing is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, Wayne you have to have findings for a variance. Crookston: I am afraid we do. Morrow. Mr. Mayor, I vuould move that we instruct the City Attorney prepare findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT TO OPERATE A RETAIL BAKERY BY ROBERT PREECE: Kngsford: Does the Council have any questions? Is Mr. Preece here? .Does the Council have any questions for Mr. Preece? Tolsma: Have you got any samples? T ~ • • Meridian City Council July 18, 1995 Page 36 Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare an ordinance annexing and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR ENGLEWOOD SUBDIVISION BY REWABHAI PATEL: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Richard Jewell, 1082 Arlington, Eagle, was sworn by the City Attorney. Jewell: Mr. Mayor and Council members, 1 respectfully request an extension on Englewood subdivision. We have expired our time limit for the one year from the time of final plat to the time of beginning construction or recording the plat. We have extended, we have gone beyond that time date and with discussions with Mr. Crookston and Ms. Stiles we determined we were able to submit to the Council during the public hearing to request for this extension. I assume that you all have before you the letter that I submitted requesting this and if you have any questions regarding any of those statements I would be happy to answer them. Morrow. Mr. Mayor, 1 guess I am confused here, is not the public hearing a request for a variance for Kingsford: The variance is to our ordinance that sets the time limits since that has gone by as I understand it. Am I correct there? Jewell: That is the way I understand it. Morrow. I .guess the letter that 1 am reading is July 14th and it talks about minimum dwelling sizes. Come: I also got another on July 14 from somebody named Jed Trebeck stating that they want to be de-annexed if they extend it. Jewell: That is not Englewood. • • Meridian City Council July 18, 1995 Page 37 Kingsford: We need to get Shari back in to address those. I don't think Mr. Jewell, I don't know whether you have seen those. Shari these items on Englewood with regard to, how does that pertain to Mr. Jewell's request for a variance? Stiles: Mr. Mayor and Council, there was a problem that Mr. Jesterbeck he has just passed away now. He was worried that part of his property is still in the City. He was concerned that the ordinance be amended so that his piece of his property was not in the City. I am not certain that the annexation ordinance is correct now but I would assume since we did do an amended ordinance that it took care of that problem. I understood that was taken care of. Morrow. I guess I am confused here. The agenda calls for the variance as I understand it for an extension for Englewood Creek and that is what Mr. Jewell is addressing, but in our packet we have got actually 3 different pieces of information with respect to this subdivision. Is that correct, we have the variance for the extension, we have an issue talking .about square footages and we have an issue by the Jseterbeck's talking about wanting to be de-annexed. So, I guess which is that we are dealing with. We are just dealing with the request for the variance for the extension of the plat is that correct tonight and nothing else? Stiles: Yes Kingsford: Will are you saying that some of that shouldn't have been stapled to this packet? Berg: I don't believe that it was stapled it was just put in the box. The deal with the concern of the property owners to the east came about with that letter because they were noticed for a hearing concerning Englewood for this variance. They were concerned and wanted to make sure that their property was taken care of being de-annexed. That is why we got the letter in that packet because that was a response of the notice. Morrow. Okay, so what I have done here is mistakenly put these other issues altogether. Berg: The one letter deals with square footage does not concern this variance. Morrow: So the only thing we are talking about is Kingsford: The extension of time the variance to grant an extension of time on the subdivision. Just so as to not muddy the water too much Wayne or Gary are you clear on was the in question property de-annexed with the amended ordinance? • Meridian City Council July 18, 1995 Page 38 • Crookston: We did an amended ordinance to delete a portion of land that was initially included. I don't recall the name involved but we have done that. Jewell: Mr. Mayor, if I am understanding correctly which piece of property it was xhe original issue was that particular property owner had been encroaching onto our property. So, we came out with an agreement with him to go ahead and go around his building. So that he was not part of our property, the building wasn't. That was after I think it was annexed and so we had to make a revision to that. My understanding that was cleared up quite some time ago. Crookston: That is correct. Kingsford: Would you remember is this name the part in question? Jewell: I am sorry I don't remember it has been too long ago. Kingsford: I think that you are right. At issue then is the variance on the time extension. Any questions for Mr. Jewell on that? Thank you, it is a public hearing is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, Wayne you have to have findings for a variance. Crookston: I am afraid we do. Morrow. Mr. Mayor, I would move that we instruct the City Attorney prepare findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT TO OPERATE A RETAIL BAKERY BY ROBERT PREECE: Kingsford: Does the Council have any questions? Is Mr. Preece here? Does the Council have any questions for Mr. Preece? Tolsma: Have you got any samples? • MERIDIAN CITY COUNCIL MEETING: JULY 18 1995 APPLICANT REWABHAI PATEL ITEM NUMBER; 11 REQUEST; yAR1ANCE FOR ENGLEVI(OOD SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: •~~ w ~"~~~ ~,1~~~'~ p"~a ~l~ kl SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUAR7, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P d Z Adm. KENNETH W. BOWERS, FIro Chlet W. L. "BILL" GORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (ZO8) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8HEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11. 1995 TRANSMITTAL DATE: fil2fi195 HEARING DATE: 7/18/95 REQUEST: Variance Request for extension of Englewood Creek Subdivision-flat BY: Rewabhi Patel LOCATION OF PROPERTY OR PROJECT: SW corner of Ustick Road and Ten Mile load JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM St FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAIM %~~RELII~A & FINAL PLAT) CITY FILES ~ I YOUR CONCISE r~r>tc~1~y_irz~ J ~ N 2 ? 1995 CITY OF MERIDIAN . ~ OFFICIALS • HUB OF TREASURE VALLEY • COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINGTON JANICEL.GASS,CItyTreasurer CITY OF MERIDIAN ROBERT D.CORRIE GARY D. SMITH, P.E. Clty Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. P 82COMMISSION DENNISJ. SUMMERS, Parka suet. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P 8 2 Adm. MOE ALIDJANI KENNETH W. BOWERS, Flro Chief MERIDIAN, IDAHO 83642 ~ JIM SHEARER W. L. "BILL" GORDON, Pollee Chief Phone 208 888.4433 • FAX (208) 887x4813 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney ( ) ~I ~~V TIM HEPPER Public Works/Building Department (208) 887-2211 7 ((~~ GRANT P. KINGSFORD J O J/i~ ~® Mayor ~R ~4MAq V ~~J A/GgT~o~~EA~b/qN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPM~'IROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11. 1995 TRANSMITTAL DATE: 6/26195 HEARING DATE: 7/18/95 REQUEST: Variance Request for extension of Englewood Creek Subdivision plat BY: Rewabhi Patel LOCATION OF PROPERTY OR PROJECT: SW corner of Ustick Road and Ten Mile Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT iSEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAY"~AATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the variance request for extension of Englewood Creek Subdivision plat. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irri>ation District '}:~ ~~' ,~ ~ mss;; ~~'~ 'f ! J I 1 ~ ~~~a CENTRAL CENTRAL DISTRICT HEALTH DEPARl'1~ENT •• DISTRICT Environmental Health Division ~'If H EA LT H Return to: ' ^ Boise DEPARTMENT .. ~.~ ~,.'~<~ ^ Eagle Rezone # a r ^ Garden city Conditional Use # ., Preliminary /Final /Short Plat ~ ^ ACZ U~~~-~C~ e ~i~ ~~ i,~~o~y Cre~= i~ SQ~~ cif i~~ p~ "~ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we'can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I . Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ~ ^ beverage establishment ^ grocery store 15. J /~~> t.~ih~/z /L>.~~~~E~T ~/~i ~~72%/}- /-s Date: ~ / ~~ ~T~~D Reviewed By: (DHD 10191 rcb, rev. I/9S Review eet CENTRAL • • •• [3iSTRICT ~t'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID. 83704-0825 • (208) 375.5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONII~TENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ada / lase Candy O81cs WIC Boise • A~Nridan 9rtron CotNy OIAu Bmorrr Canty Opera VoWy Candy Otltn 101 K Amrftrong Po. 1606 Robert St. 520 E. 81h Street N. of fmnarrsNrdd ltr+atlls P.O. Boz 1441 Boise. ID. 83704-0825 Bose. l0. 83105 Mountain Home. ID. 190 S 41A Sheet E. McCm. 0.8638 Enwo. Health: ]21.1499 Pn. 334.3355 83647 Ptt 581-4401 MountCn Hone. ID. Ph. 634.7194 fornM PIOfV>rt¢ 321.1e00 324 Meridian Rd. 8364) Ph. 581.9225 Inrnnizottont 321.7450 Nuhifbn: 321.7460 Menr$an. gyp. 81642 PA. 8884525 '+VIC: 27.7488 July 14, 1995 William G, Berg Jr. City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 re: f~f Jestrr~el( Jr. ~ Cetherhie D. Jestrebek F~ Trl~t TRUaiee dated 8-1-! )i CO-TRUEiQH CATHERINE D~ IESTRAbEk DERNIE jESTRAbEIf'HART 3175 N. T^R MIL^ Rd., M~wIdI~R, ID 83642-5407 (208) 887-9632 Application of Rewabhai Patel, for a Variance Application for land located in A portion of Gov't Lot 1, Section 3, T.3N, R1W Boise, Meridian, Ada County. (SW corner of Ustick & N. Ten Mile Rd. For extension of the one yr. limit of Ordinance 11-9-604 and 11-9-616. For the meeting July 18, 1995, Meridian City Nall Meridian, ID Dear Mr. Berq: I~ECEIVEI) J U L 1 ? 1995 CITY OF MERIDIAN We agree with the extension of time for the above described variance, contingent upon de-annexing from the City of Meridian, the property, (see the description of the tract of land below) we purchased from Rewabjai Patel and associates (Engelwood Creek Development Corporation) in 1994, thereby putting it into Ada Co.; thus uniting our property in Ada Co. A tract of land situated in Government t Lot 1 of Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, described as follows: Commencing at a found cap monumenting the Southeast corner of the Northeast quarter of said Section 3; thence along the Easterly line of said Northeast quarter, said Easterly line also being the centerline of Ten Mile Road, North 00 24'24" East a distance of 2695.08 feet to a found steel pin monumenting the Northeast corner of said Section 3; thence leaving said easterly line and along the northerly line of said Northeast quarter, said Northerly line also being the centerline of Ustick. Road, North 89 06'49" West a distance of 255.76 feet to a point; thence leaving said Northerly line South 00 24'24" West distance of 25.00 feet to a set steel pin on the Southerly right of way of said Ustick Road, said steel pin being the POINT OF BEGINNING. Thence continuing South 00 24'24" West a distance of 128.00 feet to a set steel pin; thence North 89 06'49" West a distance of 30.12 feet to a set steel pin; thence North 00 24'24" East a distance of 128.00 feet to a set steel pin on said Southerly right of way of Ustick Road; thence along said Southerly right of way South 89 06'49" East a distance of 30.12 feet to the POINT OF BEGINNING. We would appreciate it if you would present this at the meeting on July 18, 1995, at 7:30 p.m. as weZ1 as to keep this on file. Thank you. Sincerely, ~ ~ ~~~~ Catherine D. Jestrabek Trustee ~l L~~ Bernie Jestrabek-Hart Co-Trustee OFFICIALS WILLIAM O. BERG, Jc, Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enfllnee- BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROF'T, Waste Wster Supt. DENNISJ. SUMMERS, Parks Supt. SHARI S. STILES, P R Z Adm. KENNETH W. BOWERS, FIro Chief W. L "SILL" GORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Pubiic Works/Building Department (208) 887-2211 GRANT' P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JtM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Jul 11. 1995 TRANSMITTAL DATE: 6/26195 HEARING DATE: 7/18/95 REQUEST: Variance Request for extension of Englewood Creek Subdivision flat BY: Rewabhi Patel LOCATION OF PROPERTY OR PROJECT: SW comer of Ustick Road and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES / ._ -S ~~ /~ c-~ OTHER: (,p cam- "~ J YOUR CONCISE REMARKS: 7~ s r,~: L L N 6_ F6e~_~ ~~~_;_ ~:A~ CITY PLANNER / ~ f ~ ,r.-O~. t t.~, ~-~~d~ OFFICIALS WILLIAM G. BERG, Jr., Gty Clsrk JANICE L GASS, Clty Troasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P 62Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON, Pollcs Chlsf 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) 888433 • FAX (206) 887813 Public Works/Building Department (ZOS) 887-2211 GRANT P. KINGSFORD Mayor July 17, 1995 Mr. Rewabhai Patel Vijya Laxmi Development, Inc. 2526 Airport Way Boise, ID 83705 336-0077 "Courtesy Notice of Awareness" RE: Property at NE corner of Ustick Road and Ten Mile Road Hartford Subdivision Dear Mr. Patel, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P t: Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM NEPPER It has been brought to our attention that the property listed above is in violation of Ordinance #623 of the City of Meridian. As the owner of this property, you are responsible for complying with the enclosed ordinance involving weeds and waste matters. Please remedy this situation as soon as possible. If there is any problem concerning this, please contact our office. Your cooperation is greatly appreciated. Sincerely, William G. Berg, Jr. City Glerk cc: Ray Wilder Jim Merkle, Hubble Engineering JUL 14 '95 04~31PM MK ENVIRONMENTAL ~ ~ • ENGLEWOOD CREEK DEVELOPMENT CORPORATION 2460 S. MAPLE GROVE RD. -BOISE, IDAHO 83709 Ia08) 377-8283 I IF13~6.6az a P.z ~~~~~~~ JUL 1 4 1995 City of Meridian City Council 33 E. Idaho Meridian, Idaho 83642 Re: Englewood Creek Estates Subdivision Dwelling minimum square footage Dear Mayor Kingsford and Council Members; ~IT'Y a~ l~tl~~l~~~ July 14, 1995 We respectfully request a Public Hearing for a reduction in dwelling minimum square footage from 1800 square feet to 1500 square feet. I have had several conversations with the City Planner and City Attorney regarding the proper procedures in which this request should be submitted to the City. Apparently there has not been any previous cases similar to this, however, the City Council does have the authority to approve this request through a public hearing as recommended by Councilman Corry. The Facts and Findings will have to be revised to reflect the change because the annexation included the specific house minimum square footages specified In the proposed subdivision covenants rather than the 1400 square foot homes that the R-4 zoning allows. As mentioned at a previous City Council meeting, the current market for larger homes is not selling and development at th'e larger square footages would result in the development laying bare and the developers suffering financial hardships. Approval of this request would make the development more saleable in the current market. The reasons for this request are as follows: 1~. Mortgage interest rates have increased since the preliminary plat was submitted for approval, causing a substantial decrease in the market that would qualify for the mortgage loans, 2. Adjoining subdivisions have been approved -Candlelight Subdivision - Parkwood Meadows -Saddle View -Firelight - Cherry Lane Meadows for lesser square footage. 1500 Square Feet 1400 1400 1400 1250 JUL 14 '95 16 32 208 3866669 PAGE.02 JUL 14 '95 04.32PM MK ENVIRONMENTAL ,ti 1 P.3 3. The overall market has subsided to the point that larger square footage requirements could and would cause substantial financial burden on the developer from the lack of lot sales because of no market for them. 4. If the developer is requested to resubmit for annexation, preliminary and final plat approvals, a substantial amount of un-necessary time, energy, and cost will be added to the City, the developer, and other agencies. We respectfully request your consideration in this matter and that you approve this request for the reduction in the minimum home square footages to match those of surrounding subdivisions. Sincerely, Richard J.H. Jewell JUL 14 '95 16 33 208 3866669 PAGE.03 Letter of Credit West One Bank, Idaho International Banking Department 101 S. Capital Blvd., Boise, Idaho ~^ST~i Post O ffice Box 8247, Boise, Idaho 83733 Telephone: 208-383-7600 Fax: 208-383-7563 ~K Telex : 262542 Answerback: WEST ONE BK IDA 8 City of Meridian ~ '' 33 E. Idaho Avenue Irrevocable Standby 'ffi ; Meridian, Idaho 83642 Letter of Credit No.: 7144S ~„ 1 ~ Dated: May 11, 1994. Expiration Date: October 27, 1994 "; ~ At Our Counters ~„ ; ~ a n ~: ~ Dear Sirs: ~ ~-, We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733 ~ ~ For account of Englewood Creek Development Corporation, P.p. Box 6525, v ~ Boise, Idaho 83707. Up to the aggregate amount of USD9,000:00 (NINE .THOUSAND AND NOj100 U. S. x DOLLARS) available by your draft(s),,at sight accompanied `by the following °' documents: `t The original of this Letter of Credit for `endorsement. ^' A statement purportedly signed'-by an authorized official of the City x of Meridian as follows: "Englewood Creek Developmenfi Corporation has o failed to perform or is in .default on street light improvements 'for Englewood Creek Estates Subdivision." .n U Partial drawings are permitted. 0 ~ All drafts drawn must be_marked': DRAWN UNDER WEST ONE BANK, IDAHO,, LETTER' ~ OF CREDIT N0. 71445. 0 ~ We hereby agree with drawers of drafts drawn under anal in compliance with ~' the terms of this credit :that.. the same shall be duly honored on due presentation to the drawee. v a .~ v t .~ •v v b v ~~ n. v . ~ v 0 c a r. w ` " ~ Y -'V " Auth Aut orize ignature orizedSi r Original Yellow-App m's Copy Plnk-Lending Unit's Copy CR00513 (8-89) Goldenrod-Acknowledgement Green•Intematlonel Banking Department's Plle Copy .~~~~ SAY 1 6 ~~9~t CI't`~' OF MFR~~IAN