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Los Alamitos No. 3 AZ
~ HUB OF TREASURE VALLEY +~ COUNCIL MEMBERS OFFICIALS , RONALD R. TOLSMA WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINGTON JANICE L. GASS, Clty Treuurer ROBERT 0. CORRIE WALT W. MORROW W rk su CITY OF MERIDIAN BRUCE D. STUART, Water o pt. P 6 Z COMMISSION JOHN T. SHAWCROFT, Weste Watsr Supt. DENNIS J. SUMMERS Perks supt. 33 EAST IDAHO J IM JOHNSON, Chairman , SHARI S. STILES, P 6 2 Adm. MERIDIAN, IDAHO 83642 MOE AUDJANI JIM SHEARER KENNETH W. BOWERS, Flre Chlef W. L "BILL" GORDON, PoUce Chlef Phone (208) 888433 • FAX (208) 887.4813 ~~~~~x CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 q GRANT P. KINGSFORD M tiY 2 ~ ~~~~ Mayor CITY ~F I~IFRII}IAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 3i Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6. 1995 TRANSMITTAL DATE: 5/22/95 HEARING DATE: 6/13/95 REQUEST: Annexation/Zoning/Preliminary Plat for Los Alamitos No. 3 BY: Farwest Developers LOCATION OF PROPERTY OR PROJECT: South of Overland Road. East of Locust trove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C 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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) ~~CITY FILES OTHER: YOUR CONCISE REMARKS: ~~C~~~ MAY 2 2 1995 CITY ®F IWI`RIDIAN r . 1 ~ °" ~ APPLICATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING & ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION ~p~ ~I,~ M I ros P~r2K SUr3D! VIS I ON (PROPOSED NAME OF SUBDIVISION) 1\ID~.TN 'l2 5vJ ~l~ ~~n~ N 20 T3 N 121E b!M /~D~ C~usrv-~y (GENERAL LOCATION) (LEGAL DESCRIPTION -ATTACH IF LENGTHY) ~~NE s ~DPt ~l4C~b1TT (OWNER(S) OF RECORD) (NAME) ('TELEPHONE NO.) 25D~ I,O t~tJs'i' G-~ rQ-o VE RDA ly t/~W-1 D I A~ ry, t D ~ 3 fo~'2 (ADDRESS) ~+~~w~ST P~ Vt/~ oP~ ~t-S 338- g-~ o a (APPLICANT) (NAME) (TELEPHONE NO.) (ADDRESS) 1~oYt.~NC.E ~ ~-5soc,cPTES, P•~?. ~3~-~3q0 (ENGINEER, SURVEYOR, OR PLANNER) (TELEPHONE NO.) ~lq ~M~-~ftt,D tSVt-t'~ p2~ &D1~, ID ~~~?t~C~ (ADDRESS) (JURISDICTION (S) REQUIRING APPROVAL) ~~Sl Q~NTIAL (TYPE OF SUBDIVISION -RESIDENTIAL, COMMERCIAL, INDUSTRIAL) 4~' ~ ! ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) c:\wordtext\1613p2\appannex505 Project No. 1614P3 Narrative Statement Los Alamitos Subdivision Los Alamitos Subdivision is a 59-lot single-family residential subdivision proposed for southeast Meridian. This site is located within Meridian's Area of City Impact and its Urban Services Planning Area, and is designated for low to medium density residential development by the current Meridian Comprehensive Plan. When considered in conjunction with adjacent property, the site shall be contiguous to Meridian City Limits, and the extension of municipal utilities to the site is feasible from the north. The topography of Los Alamitos is essentially level with a slight slope toward the northeast. The Nine Mile Irrigation Lateral transverses the site in this direction, and is located within a 60-foot right-of--way. Presently the property is zoned `RT' Rural Transition, and is in agricultural production. Development density of this project is 2.6 dwelling units per acre (du/a). The population supported by this development is estimated to be 255 persons. Public road access is provided along South Locust Grove Road, which is classified as a - local street by the year 2000 Functional Street Classification System -Urban Area. Computer modeling of traffic conditions along this street for the year 2015 estimates total use of 4,800 vehicle-trips-per-day. Traffic generated by this proposal is expected to be substantially self-contained within the development. Volume is estimated to be 750 vehicle-trips-per-day, which should not significantly impact the local transportation network. Internal circulation is provided from one point of access onto South Locust Grove Road. Channelized traffic medians shall be used at this intersection for safety purposes. Future access points are also provided to the north and east. Other than the extension of municipal utilities to serve this project, no public or community facilities are proposed. Annexation into the City of Meridian and a change of zoning to R-4 Low Density Residential District is requested. c:lwordtext\1614P3\narrativ.505 ~ ~ti ~~r r ~A •i- ~t'~ Jwtw_,^',~~lii,X~lL`YT'..x ~ r::iit~t c' "titi'1~~Yf..L.:a%:.o+.~Si.:-:y..ii` ... +.:.t ~~ ( ~'VARI'.~1NTY I)IJI~D a; ,, Ci.T. is FORD D • lt,ili ii1T1' is F1:R.i':I: L . li,:(f3 , :` r'nr Vxluc P.r:ecircd ; •`~ husband and r:it`r, j it thl: ~rautnrs t!a hrreby ~Ianl, bar>.'ain. ~ ell :uu1 cnntry ttntn ! s. GEA'~: A• (it1if13I'I"I' Fc I'::lii)A F.. i.. iil+IiiilT'.'.', ~' ~ husband :Intl wife, ' 1 a trnn•it: ! thr• ;:r::nt•:,; .the fo::~ncintC drrrrilx`d ;trrmixr.. •'u .~ ~J } ~/ r ~L+ ~ r ~ + 11.11 (dc r:i l! c',CIi1:D E::ifll I i rt ~~ i sl ,,.:• Liu•i . i• ..• ..n:i .:• •. .:,:•: •,.,..... ....~ , •ft:., til• att. tly.. ,. •, .. .~ .. , .. it.. .nc . ai•I •..... . i:t• . ,i,... •. r•• .. ....:...... i:.. u:, •.r:•:r•.. / ~.~ rJ r~/,:/~ , ~~~p•.;•;y r,l•' nl)r~ ~ ~ , e ..a ,i!.~d !or L.r.•:d r.t :r•lr,:. c. .',arp ir: Lli~ in .a.:d !. , .:u.! . ., . 1..•r- n: , In., , ~. FI':1; 1. 13r\Iitll'i"I', in.l•:h:,:, .. .... .. .. ..,. +,\ ....,u^. h. d... ....rpm ~Mr~rn!. •.. !.~:ir• .~: 1..: ... • ~ .•.,I,.t. niw~.l l~ •1!In •+i::rin m+t r•nn~n!. .. ' ~ ,r ,/ f/ 1 1 ~' ,/,. //, i + ', ~,•.r•..er I,rJ Jn..A i I,'' the .~cst sido of 5®ction i 1/16 Darner °'" Boia~s MaYidian..,~hieh $eginain$ at the ~ P.ange 1 east, *t corner 20, To~eaship 3 North, feet frees the southsw+ 1/16 cornor is North 1327.9 North 663.7 feat to ~+ point; of B~$inning; of acid Sectiaa 2 ~ ea.l point thence ccmtinuia8 794.4 feat to the R thenco~ N 89+7'7~ E Dint; 89'17' E 1472.2 feat tOto a point; thaaee N g 100.1 feet , thanes 3 40~22~30~~ E 179.9 feet to a point; .hence S 72°4230 H 86.2 feet to a point; thsnca S 33 56 30" to c point; a inning. thence S 89~17~ W 1544.9fsettto the Rawl point of B 8 taence N 29 46 W 232.9 -- ••Fhe abate tract coatsins.~.cv" ""_- yeas and ermanent aesonsent for ingdescribed SUBJECT.TO a thrfentirQ West side of the above_ egress alon8 with a 50-foot permanent easement for d e rasa along the entire North sides of the fol ~~ property, and. together ingress an 8two tracts: ing described STATE OF IDAHOt the west aide of Section Z, IN ADA 000NTY, 1/16 eox'nar an which Beginning at the ~ Range l East, Boise ASeridian, corner ship 3 North, gPest from the aout:hweat 20 , Town 1/lb corner is North 1327.9 ~ Dint; of said Section 20North 663.7 fast to A P be inning; ..i~iflg Dint of 8 Thence con89'17' L'. 242.8 feet to the ~int;p Thence N. 552.1 feet to a point; Thence li. 89° 17' E'' 230. . 29'46' E., 4 f®et tc a P Dint; Thence S' 89°22' W•• 666.55 feat tO aoint of beginning. Thence S. feet to the real P Thence North 200.3 810 acres. The abava deocribed txact contains 2• ~ 20, STATE OF IDAKO: 16 II, 1N ADA C~~• 1/16 corner an the We3dian~e °f Sect Beginning at the SW e 1 Eaat, Boise ~,eri which 1/ Rang rear of said Township 3 Nor~* the 9 feet from rth 1327' SW co f -~ corner is no Section 20; 463.7 fact a North , ing the Weat side ° lcm8 t ~ Din ,i Thene* continu . Dint; steel pin, the rural P cti to r t d a S9.22' ac E, sai 25.0 feet Thence N• ,~ of beginning; '22' E• 217.8 feet to n j Dint; P Thence N. 84 ~ feet to a Point' ' Thence North 200.3 W 217.8 feat ' ~ Dint; to a P he inning. f ' 8 ., 22 Ttsence South 89 roal Dint o F Thence Souti ncreo more or lesa Containfng i ~.., ~r,, ; % ~ ;~,/ _, . _~~ ~ .~ ` .,.,,..~-...~~eR!.~..""~ , e M "'~-;^"'eTS "'!!'-' '~ ~,~.ewe,.A^~ .. t,.,,... ;~ LT_ ' X58891 ~~_ DEED. ~~ a~ own as Gene Babbitt and Freda E. L• For Value ge~eived Gene A. Bab Babbitt, also known as Freda Babbitt, husband and wife ise and forever any else unto do hereby ¢onveY, release. ran Gene A. Babbitt and Freda E. L. Babbitt, husband and vife whose ourroat address is 2570 Locust Grove Road Meridian, ID 83642 ~' ._-~ -__ . the followinY deseribcd ?r~+1ee°' town: A PORTION OF THE NORTH HALF OF THE SOUTHWEST QU MORE PARTIC=1TLOARLYO,'1• TOWNSHIP 3 NORTH, RANGE 1 EASE, BOISE-MERIDIAN, DESCRIBED AS FOLLOWS: ST 1/16 CORNER ON THE WEST S`I~Di~F SECTION BEGINNING ~AT THE SOUTHWE 1 EAST, BOISE MERIDIAN, 1 16 COR\'ER 20, TOWNSHIP.3 NORTH, RANGE v SOLrIt1WEST CORNER OF SAID SECTION 20; IS NORTH 1327.9 FEET FROM TH.. THENCE CONTINUING NORTH 663.7 FEET ALONG THE WEST SIDE OF SAID SECTR~ YOIh'T OF BEGINNING; THENCE A STEEL PIN, THE THENCE NORTH 89°17'.EAST 25.0 FEET. TO TO A POINT;. . THENCE NORTH 89°17' FAST 217.8 FEET. NORTH 200:0 FEET TO A POINT; ENNCEE WEST 217.8 FEET TO A POINT;POIb'T OF BEGINNING. SOUTH 200.0 FEET TO A REAi. EXCEPT DITCH AND ROAD RIGHTS OF WAY• {ogether with their appurteaanas' September 25, 1986 Dated: .~. ~ ~~ j_/i • Gene A. Babbitt Og Ada ~Ipg 25AH0, COU2ITyr ~ September 19 86 . t,aLera m°. a noun 7~1Se In .ad !or acid 9tau, yaraoaallr '~"`~ ne.,p+••. babbitt F~•` a~~E,11; •Babbitt •~ ~' ~ ' •~ .eose names are yu,o.m~ta n+a to Da~~: 7"rsO6Sm~ ~ ~~newladtod u ~•~ ~ wltbin 1tuRr9 !ed tl,a rama. ~ ~. ~' asse+, / ' ' ' '7 , Idah° 11aa~~ ~....~ise ~ ~S'`%~ Comm, giptna '"li~cr ~ • I ~-, ~ ' / ~~ i `~ ^ Babbitt ~rreda n.L. .~-~ __~ Ada County. Idaho. ~ ReQue 1~ Iyrfei5'f ills A M. 11ME ` .~ pA7E'0~, BA~T~ Bic RECORD ~~ De~ Q~ 2- VII RS TITLE . of IDI'Ai' - _ ~--- WARRANTY DEED FOR VALUE RECEIVED ERIC C. SCHOFIELD and ALICE M. SCHOFIELD, husband and wife, the Grantors, do hereby grant, bargain, sell and convey unto GENF.~ A. BABBITT and FREDA E. L.. BABBITT, husband and wife, the Grantees, whose address is 2970 South Locust Grove Road, Meridian, Idaho the following described premises, ~o-wit: This parcel' is• a .portion of~ the S1/2iJ1/2SW1/4 of. Section 20, Township 3 North,. Range 1 East of the noise Meridian and is more particularly described•as follows: COMMENCING. at the, southwest corner of said 51/2N1/2SW1/4; Thence South 89°49'39" East along the south boundary of said S1/2N1/2SW1/4 a distance of 1272.85 feet; Thence North 42°53'08" West a distance of ?.53.20 feet; Thenc°_ 1Jorth 40°44'08" West a d_stance of 140.40 feAt; Thence north 79°00'08" West a distance of 1>;"•RO fast; Thence South 89°57'08" East parallel with the north bo+rn~i,,ry oI said S1/21J1/2SW1/4 a distance of 114.38 feet to the Tilt'I-: !'!?IrIT oi•' BEGINNIiJG; Thence continuing South 89°57'03" East pt+r:+Ilei.with ::rrici n!~rtl~ boundary a distance of 1430.52 feet; Thence South 34°42'22" West a distance of l~.Ot) ier.; Thence South 39°11'22" West a distance of x}•41 feet% ~ `~rr:~u.tr•;. rr Thence tJOrth 89°57'U8" Wr±st par:+Ilel rith ::~+i!i t+!>rt~..: distance of 1409.2E feet; Thence north 29°00' (-8" West a distana_ of ! %+. %`. 1 act . to the T!?U!: POIIJT OF BECI11!JZirG. This parcel contains 0..534 acres, :nor!. ur 1as:a. TO HAVE A1JD TO HOLD the said premise, w~th tlr~~ir. a~p+rrtc:nnn::c.~~ unto the said Grantees, their heirs and assigns forever. F.nd the said Grantors do hereb}• covenant to and with tha said Gr•+nt•.r-~e5, that they arc the owners in fcr_ simple of said premi ,c:,; th,r'ti ::iicl premises are free from all encumbrances and that they will •r,•:+rrnnc• end defend the same fro^ all la•aful cl[~ia+~s wh;rts:oc~:~r. Ui,TP.U: ~'` ~ ~~~ day o; December, 1[i'l^^.. '- ' F.p,IC' C. ~C}t01•'IF.I.D laLICE,D:. SCE{OFIELD ' _ ~; / ,, ~` ~` ~;. •~ ,ec. t [~1dA , ~ Sete oi' Idahc Coua y c SL:, L•• tJ: :[l.t,::.. r '•' • C'"u::• i it:d _• 1,.. :n• Chia r•.. ~ //(a~y~:A~: On th19 .~'1(( Ca•f Of d fo: ir~_: , . - qd li ~-••n_ ~ _ .pet . •.,: : ar I'[1 AL .f:~:• .. before me, a notary Public in ar: said State, personally appeared ERIC -•=~s~'~ ~~ -• SCHOFIELO and F,LICE N.. SCf!OF:E:•~ C ~ ,,,~ • . known to me to he the pe: uons •.•hou!• `'• ~- ~ • '-'•' ~ ; ~ - ' •' ' names are subscribed to the withi.^. •~cn ` ~ ::. r; ~ .: ~~,. ,r ,.„ t.,,,,,,~.,,,.. •" ' instrument, and acknowledged to ~,,• . •' ~: +'• °T+ ` • • 88t~A that- c/ cu.e t f: / .. ~.. t7otary Publle .~ !, ~:r. v:: , c +•~ i'.•••~ ' Rcsidirtg at fr'ISY, ~Gn4' (.,ur,~r.r/. Idnhn - ....._ Commission„/F7xplres //• ~~N °y 1tY ._--........_-. '-;;rjr,t r . - i •. .. ,~ [. ;, r +• - Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 April 24, 1995 Project No. 1614P3 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 23.81 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°-44'-49" West a distance of 247.50 feet to a point, said point being the POINT OF BEGINNING. Thence leaving said westerly line North 89°-57'-31" East a distance of 264.15 feet to a set steel pin, Thence North 00°-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 1321.93 feet to a set steel pin, Thence leaving said northerly line South 00°-OS'-00" East a distance of 163.44 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 15.38 feet to a set steel pin, Thence South O1°-16'-00" West a distance of 131.60 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 16.25 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 163.53 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 46.28 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 136.11 feet to a set steel pin Thence South 89°-37'-00" , West a distance of 8.52 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 124.60 feet to a set steel pin, Thence North 89°-12'-00" East a distance of 5.15 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 167.59 feet to a set steel pin, Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of 479.98 feet to a found steel pin, c:\wordtext\1614P3Uegal 1. S 04 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 23.81 Acre Tract Apri124, 1995 Page Two Thence North 29°-O1'-26" West (formerly North 29°-46' West) a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly line North 89°-58'-11" West (formerly North 89°-49'-39" West) a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 00°-44'-49" East (formerly North) a distance of 200.00 feet to a set steel pin, Thence North 89°-15'-11" West a distance of 242.78 feet to a point on the westerly line of said Section 20, Thence along said westerly line North 00°-44'-49" East a distance of 213.13 feet to the POINT OF BEGINNING. The above described tract of land contains 23.81 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 FAX (208) 336-7391 ~0 N fJ1 ~' ~~ r~ ~-JIGZ~ 09prFOF14~~ ~r0 u ~ n~1Vt' o s ~t~~9$ c:\wordlext\1614P3Uega11.304 _~_~:~.-~~= NIF-lf='Cf{L-.C;k~: --•-• I~Ic~nd~.ay~ Apr:i.l '~/~ i .c:r~- ~;„'~';'::~ F'i`1 FFiCIM L-tEAR T NG D I STARIC:E "f'Q PdC1FiTl-{ I NG EAS'T I NG STAFiT I NG F'O I NT : i 1 c'ac'~c i~a . pc?c~~ 1 i~c~yiy~ i . i ~c_~i ~ i N 89-57-~i E ~'fa4„15i~ ~ lc=~i~c7i}.1.91 1c"y2b4.15c=> N c:~-42-42 E ;.'q•7 . b4i ~ ._ 1. c:~~"47.812 1.i ~267.22b _ N 89-55-•41 E 1"~21.9_:i~ ~I• 1i~21i•9.47'~ 11589.1`55 p. S ~~-iy5--i_~c_y E i6T.44i~ 5 iiic_~E:3b.c:~•~~' 11589.592 5 S 89-~; 5-i~C~ W 1. ", . ~;8t^~ 6 1, i~c'~8b . c"~i~q 11574 . ~ i.12 b S 1-1b-c'~i~ W 1 :i . 6c,ri~ 7 9954 „ 442' 1.1571 . iti ~' 7 S 89-55-i~c:~ W 1b.25i~ 8 9954„418 11~51F.85? 8 S i-f-i ~4-C~c.~ E 16".~; . 5•~c'~ 9 979c=~ .888 11555 . c=~44• 9 S 89-55-i_~i~ W 4b.28c"~ is:~ 979i~.81'1 115c-~8.7fa4 ic:~ S ~:~-c~yy.-c_~i~ E i w b „ 1. icy 11 9654.71 i 11.5c~~8.922 i i S 89- 7--i~c.~ W 8 , 52i i 12 9654.654 115i ~i~ „ y.i~2 12 S i_~--t:~4-i ~c=~ E i24 . E;i_~i_~ 1. =; 95Mc'~ „ i_~5q. 115i ~~.~ .547 1•~ N 89--12-Gcy E 5.15t:~ 14 ~7Ci.?c~~.1,;?6 iiEit~~5.697 14 S c:~-•c:~~b-t_~CS E 167. 59~ i 15 9 w~62. 5.~6 115i X5.892 15 IV f39-•56--41. W 479.98c:~ ib 9"=62.999 1.1ii'~5.91.2 16 N 29-c.~1-~'6 W '.~52.c"~5~~ 17 958.E ..~9b iii9i~.°„624 :17 N 89-58-ii W 66b.26c~~ 1. E3 95t3~ .'7~F8 iC~2~7.~64 1B N C>-4.4-•49 E 2c;~i ~ „ c_~c'~c_~ 1.9 978 ~°.~ . 7:1 1.i i2•?4.971 19 N 89-15-11 ICJ ,~42„ 78c:~ 'ci 9786.89b 99'"37.212 2c:~ N c~>-4.4-49 E ':1~ » :1"c:~ 2:1. 1.i ~i ~i~(:~ . c:~t:~8 9999 . 99C> GL_USING F'QINl": 21 iiit:~iiii„iii~i~ :Li)i1(")c_1„i~cicj S 51-18- ".~ E i~ „ i ~ 1:'~ C:L Cl S 1• NC=B L.. :i: I`,IE 4866. •~ 7c"~ J:? I ~~'TAI'~If~E •TFtAVE~.Ft`:~;EI) ~8688c"~ .615' [='i'~EC: I S I UI`d Al~~E.A : i.c~~.w7184 ..b ~3gt..t~•~i•-~ F'~-~1- ~?~ „ E3.1i ~.7 Ac r ~~ Los A~AMITOS PN A5 Es ~ ~ 2 - TRo r Os ~ ~z~9o` • Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336.7390 Fax (208) 336-7391 Apri124, 1995 Project No. 1614P3 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 22.20 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°-44'-49" West a distance of 247.50 feet to a point, thence leaving said westerly line North 89°-57'-31" East a, distance of 264.15 feet to a set steel pin, thence North 00°-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, thence along said northerly line North 89°-55'-41" East a distance of 1321.93 feet to a set steel pin, said steel pin being the POINT OF BEGINNING. Thence continuing along said northerly line North 89°-55'-41" East a distance of 1078.51 feet to a found brass cap monumenting the northeast corner of the Southwest 1/4 of said Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4 South 00°-23'-51" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89°-59'-46" West a distance of 54.93 feet to a found steel pin, Thence South 40°-23'-15" West a distance of 174.00 feet (formerly South 39°-36' West a distance of 174.02 feet) to a found steel pin, Thence South 34°-42'-04" West (formerly South 33°-56'-30" West) a distance of 86.20 feet to a found steel pin, Thence South 31°-18'-28" West a distance of 10.66 feet (formerly South 34°-42'-22" West a distance of 12.00 feet) to a found steel pin, Thence South 39°-04'-17" West a distance of 9.45 feet (formerly South 39°-11'-22" West a distance of 8.41 feet) to a found steel pin, Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of 928.87 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 167.59 feet to a set steel pin, c:\wordlext\1614P31ega12.504 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 22.20 Acre Tract Apri124, 1995 Page Two Thence South 89°-12'-00" West a distance of 5.15 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 124.60 feet to a set steel pin, Thence North 89°-37'-00" East a distance of 8.52 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 136.11 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 46.28 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 163.53 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 16.25 feet to a set steel pin,. Thence North O1°-16'-00" East a distance of 131.60 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 15.38 feet to a set steel pin, Thence North 00°-OS'-00" West a distance of 163.44 feet to the POINT OF BEGINNING. The above described tract of land contains 22.20 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax c:\wordtexA1614P31ega12.504 o S~-'Z~ a1S Legal Description ~ • Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 22.20 Acre Tract April 24, 1995 Page Two Thence South 89°-12'-00" West a distance of 5.15 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 124.60 feet to a set steel pin, Thence North 89°-37'-00" East a distance of 8.52 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 136.11 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 46.28 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 163.53 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 16.25 feet to a set steel pin, Thence North O1°-16'-00" East a distance of 131.60 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 15.38 feet to a set steel pin, Thence North 00°-OS'-00" West a distance of 163.44 feet to the POINT OF BEGINNING. The above described tract of land contains 22.20 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax c:\wordtcxt\ 1614P31ega12. S04 as~~z.~ a-5 rl~~r:. ~ ~,i..lt., c:: i;:: r~Ic)~,c:l~:~,r AI::)~~~~.I y~.:l.., .~.99~; F~ r,Dr'I FiEAfi I NCB U I F37'AIUC;E: "f C:1 raDi~TI~•i I r~C~ Er'-l~•iT I N(:7 STF-If;-f I NU F'D I N"f : 1 1, c~)c-)c;i_i ~ c~~c:)C~ 1. c_)C)i )i) , c~)c~rG i ra 89-55--~41 E 1c~~'I"t3.51.c:) ;? 1c.)i)r)1.-?51E 11C)7E3.5c:)9 S c,>-.~'::--mil W nr.'.,9.. ?;7c') _ r,~;.~',c')i~t? 11i)7•~.865 _ N 1.39-`y9--46 W c~ll•.9:'ii 1F ~;:.~;: y ,(ii.)11~ 1.1c~)is:3.9:";~ 4 S 4c)-.~:,-1.5 W i71r . c_)c::)c_> ~ 9.195' .472 .l,t )9c_>b . i91. S _;4-42-C..)4 W 8b ...~ c;ic~f b 91.:'8.6 )4 1. C)857. 1:1.8 b 8 ~;1-....18_..".~8 W lci.66i~ ;' x'.119.496 l.c:)851.579 7 S ;';9--c)4-1-l lFJ r~'..45C) 8 ~.1i2.1.Ec:) 1c"~845.b':~'~V 8 i~l C39--56-41 6J 92E3.87ci c~ ~J1.1:.c:)5b 991.6.75•? 9 N c:)--c:)4-c,ri) bJ 1 b'7' . '~}9c:) 1, c:r 9 '8i ~ . b46 9916 ,.558 l.c:~ 8 89--:12-•c:)c:) W ~. 1.5c:) 1. .1 928C). ~? ~ 9911 .4c::)8 i l N c~)--c:r4--c it:~ W 124 . be:)c:) 12 94C)5. 171E 9911 .264 12 N (39-~7-cjc~) ~ 8.52c=) 1.~ 94c:i5.2_';i 9919.78v 1;?. N c?-C)4--c~)i) W 1•~;b.llc=) .114 9541...41. 9919.625 14 N 89--•55-i)c:) E 46.28c:) i5 9541..41)8 99b5.9c~>5 1.5 N c_)-c,)4-t_1c_) W .1.6.' . 5•~G 16 971 111 . "-,' ~;8 99b 5 .7.15 ib N 89--5G~-i)c') E .1b.25C) 17 97c')4.9bi 9981.965 i7 N 1--16~--c~)t~) ~ i 1, , 6i is:) 1.8 98~b .529 9984.8; 4 18 N 89--55_c:)i i E i 5 .:TBC> 19 98:?~6. 552 1C)c:x_)c:) .254 1.9 I~ t_)--c~l~i--c:)0 W 1. t,=~';.4.14c~) 2c~) 9999.991. 1c~)i)c:)C).C)i6 CLDBING F'CJINT: 2c:~ .l.c:)c::u:)ci~c:~c")t:) .l,c')i)c_)c~),C)c~)c:) N bl.-4~:-•-i:~ W c_).c~~.18 CLLIBTIWL"~ LINE :99c=~ .. 4~ c:) I) I ~.i-ftaNCE TFtAUE:Fi~iED '::..'19798 . b8c~f r'FiI~C I i I (:3 N Af---tEA : 9b7c') 1. .: W ac~~.ca r~ F ~~ t ~:'.' . a't:)t:ri i Ac r~ -. LOS ALgMItOS PNASES 3~y ~ ~R°Y ~s~iz(gs Ro lance & Associas P.A. v Engineers • Surveyors • Landplanners A619 Emerald, Suile D•2. Bolse, Idaho 83706. Telephone (208) 336.7390 Fax (208) 336.7391 MARCH 31, 1994 PROJECT N0. 1448 LOS ALAMITOS SUBDIVISION SURVEY BOUNDARY REPORT Los Alamitos Subdivision is located in a portion of the north 1/2 of the Southwest 1/4 Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The boundary has been established based upon the legal descriptions contained in the title report, as prepared by Pioneer Title Company, file number P 124400 and as determined by a field survey and found corners. The boundary is in conflict with the property identified in Warranty Deed instrument number 8740139, said property is owned by Grover and Allene Foster of 2360 S. Locust Grove Road. The conflict is an overlap of approximately 0.70 feet at the most northerly west corner to approximately 1.51 feet at a point 304 feet easterly of said northwest corner. Recommendation is to request the title company to research for senior rights to resolve the conflict, or use the existing fence line near and along said northerly line as the boundary and develop a boundary (fence line) agreement. The most northerly west line as shown as North 00°-42'-42" East a distance of 247.64 feet on the record of survey is encumbered by a fence line running northerly and approximately 1 S feet easterly of said west line. The boundary as stated above was developed by reviewing subject properties record descriptions, analyzing adjoininb descriptions, considering found monuments and implementing standard surveying procedures and care. Should you have any questions regarding this Survey Boundary Report, please feel free to contact Phillip Engle. c:lwordWxt~rcJwrixlpn 1448.doc • Page 2 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision 46.01 Acre Tract Thence along said southerly line North 89°-58'-11" West, (formerly North 89°-49'-39" West), a distance of 665.26 feet to a set steel pin, Thence leaving said southerly line North 00°-44'-49" East, (formerly North), a distance of 200.00 feet to a set steel pin, Thence North 89°15'-11" West, (formerly West), a distance of 242.78 feet to a point on said westerly line of Section 20, Thence along said westerly line North 00°-44'-49" East, a distance of 213.13 feet to the POINT OF BEGINNING. The above described tract of land contains 46.01 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax c:\wordlextUeguls\ 14481g1.doc ^ , ~ \` 1, h r ~ 11.... rtl V ~ •~ • / 1 1 r/, I II \ `~ 1\ ' .1 1 , x ~, tl .r / 1! ~ d / ,, / / . /~ t ~~ i~ ~' N -'' ~ ~ f ~~J'~ r~ ~ti / Il N ~ ~1 / I e ~' a r n r ...._.._... 1 ~- ~1 ...._, .1 ._.___. '' n r ~ ~,;W ~ II .. h ' 11 • ~ 11 11 . ~ ...... ._.......__.. .1 ~~• N _. _.....Y r r f ., __.._......._ . ~.. r....r ~,. _.. .......• ~ .~. ... H YI CI Yl .. '__ 1 .. +/ 1 '..." ,/ ~p " r "' ~ • ~ p 1 ' I ~"~ .a .m/ ,, r Y ~...~ `, .. Y ,. .., N Y M / i ~ u~ / II 11 `t~~l 4 ~ P .Y.. \ ~'~ .. '~ r "' Y 1 YI Y IM .. ... `~, /1 .... 11 Y J , . N_. .. '4. , ~ 1 1 Ir, _,. 1 ~ ~i~ ~~, ~ ..t~~ j~ y7~ 11YAI~ww ....... Y ,~... ~ L. ,I M, 4 ~ ., ,1 N }I ~i n ~y ~- d r w ~~ , . ~ .1 1. I ~ // n I ,,.I,..:~.,. 1 .~..,. ~ +_' anV JHV;Idy~JN~ MS ~ ~ ~ ~. y YIIYrw. w~..ll. ~ Y• .. .. - / / i• / / / ~I~ N M M / IR1 I. Q .~,~ os/ Is'L %7/ r_ \\ • ~\ .~ 'T~ I ~.. ~' i / R''/ ~~~~ ~, / ~ ~ /. ;.. // i r ~Z- _^ /; ~~_~ , / i i ~ ~ / . / / /' ~I / '- 1/ . A_.._- ~ ' 1 ~ ~ ~ _ l I (~_ I_ ~_ _ _S~~Q ~ - -~-- -- I•~ j~ ( . / S 1 ff~ • 1• I • •~ • • , .1. , 1 .. r,EOUCS•r rurt ~uv>>zvz~7a}i APPRC)vAL P~tC:L_it•irFinltY F~n-rl AFIU/C1 f{ I~:[~(/1.1. PL./11' )'LArtrilllLi h)•ID ZU1~xMG C;Ui1MZ55zOH TLltE TAF3LC FAR SU~hf]:S5LDF1: 1. Z. ~. •. ~l . ~. i ~ J- i 6. .' ~ • '; ' ' ; . .. • ,: .: ,i A requ~•s~t fr,r prE~l~minpry r1a~1: appr•c,val -nuo•t re in tht~ City ' C1E••r•ks pCE~E•,^,rf~.Grl r-u 1a-tc-•r ~tl,a-, thr•s•e days ~alluxing •tha ~ ' regular meetinn n~ the Plar,r,ing and Zvr,ing Commisyivn. 'Tha• I~lanning and GUI7i„g CGrn,niss~.on will hc~,ar the request et ~ ~• tl,~• won•~},ly. me~•ting ~o11a•~rinn •khe month the request xasa~ ~.t~ made. .' r Atter• o px-vposal eater's the process i•~. may be anted upon at',• • su6s~quer,~t mvntt,ly tneetir,c~s p•r•ovidFd 'the nc~ce~s~ary ' prncedur~•s and dnaumenta-tion are received be~Evre 5:00 1'. M. ~ •• ~ ~ • 'Thursday Svlloxing the Plar,r,ing and Zoning Cuntrnission .~ act3ar,. ~ • (. GENERAL zN1~UrtMA'1'zUN . • Name `off An„~:tation and cubdivisior,. SOS /I L~1a1lTZ)5 /~RQI; A10, ~ ' • General Location, PannoN or »>c N'/z. of r`/rc- Sh/% o~ SEA 20, 1"3N, RiE,BM, A~DRCr'y , • , Gwners o~E record, GENE f ~'(LEDf~ ~/1-~~~,11~1~• ~ "„ hdd•ress, _Z5r7~ S, 1_OWSi" ~iYOV~ QG~ Zip$~b`~Z-'1'elephatle?~86~Zc1-Z`1 • Apnlican t, •~f11CW~ST pr/vF,LUP~~S Address, q5~..,0 W• ST7! rE ~~`]p3 t •~ •. Enr~incer, .~~1dID I•~. ~O~f 1,11N(,E Firm 'R.O~IUINGE~ ASSOGIAfE5• t • Addr•e~ss ~Iloiq CrvIGYAId ~2, ~Ols~ ,Zip 6_'~~10~ Telephone 33b-"1390 tame and address •to rec:aiv~• Ci~~y billings t Flame fN/1~~i GD~,pSm1TN s Addres.~ t15~ W .S1"F1T~ ~t715~ T~+lcphnne 3'~g- ~~108~ • ' PRELxI.1iNA~iX PLh'r CIIECIiL15'I':~ Subdivision reature~n ' • 1. Acr~•s 22• ~" • ~ U i I clt~.b le) 'I~v 5 4- darn n~,otJ l.v-rs ~ : •. ~. f~umber o~ Ines ~ 1. . 3. Lc~-ts per acre ~'' ~~ ~ ~~ !~ ~. D~t,si•~y pEr• care ~, 3~~ •• • ~ ' ` 5. 2dninq Classilic:atir,ncs) ~~~' ,• L ~' ~ 1 c ~ ;~, ~ •r • , ~. If the pr~opased subdivision is outside the Meridian City Limits but xithin the jurisdictional mile, what is the e:fisting zonYng classification %• Uoes t)~e plat border a potential green belt I~p Ef. Have recrea±ional easements been provided for O 9. Are there proposed recreational amenities to the Cit y Explain 10. Are there proposed dedications of common areas? p E:tplain For.iuture parks?~_ Explain 11. Wt,at school t s) service the area 1U1f-21~I~rJ propose any agreements for future school sites ' You 0 Escplain 12. Otter proposed amenities to the City ~(Es Water Su 1 PP Y M~RIbIA-J Fire Uepartment_____~~(~pl,yJ ._. Other _ E:{plain S,NtiiARY ~W6t E~CTE1s0ED ~R~M Noti'f}1 1~. Typp ut Building (/~ esidential, Cummercial, Industrial ux combination) I~t=S~pEN11~t_ 1~. Type of Uwelliny t s) Single Family, Uuple:•:es~ Multiple:~tes~ other ~5t~~l.L-FAMIt_~~ 15. Fr•oposed Uevelopmer,t features: a. Minimum square footage of lot (s) , _ ~CY.~C7 ~] b. Minimum square footage of structure(s)-,. ~Qca~ S.F c. Are garages provides for, __ ~t'65 square footage ~_ d. Are other coverings provided for No e. Landscaping has been provided for ~F _, Describe U~- 1 _ ~xis7i,~)r ~-~.,OS~I~'~ ~.ois PRoVIp~.D l,L,oN~ W 51DE ~Soy~(~t (•li~UST C~~• Rva~ (•~) • . • • #. Trees will be provided #or ~ IO , Trees will be •• maintained /\~O • • Q. 5prinlcler systems are provinnded for ~AIpiVIDUA~ LoT IRRI.A'IIDN h. Are there multiple u,~3ts I`~o Type , remar}cg i. Are the Ire special set bac:lc requirements ~ES , Explain I'~VN7GrT l A7 E'R/iLl~l n~ /~ y0 ~ L"AsE~`-[= N T ~. 11an o## street parking been provided for IL S . Expla~.n __L~1L~ PRoPCrT~cs_ FIAUE ('iARA~,E~'' -1 fJl2 IV ~ 1vnY s }c. Yalue range o.£ property `- 30 OC>O • 1. Type a# #inancing f~,r development '~rlVC~ ~_ m. Protea-L•ive covenants were cubmitted~0 ~ Date r 16. Doers the proposal land loa)c other proper~ky_ J\~O _ , Does it create Enalaves~~~ STATEtfENT5 Off' COMPLIANCE: 1. Streets curbs gutters and sidewal)cs are to be constructed to standards ad required by Ada County Highway Distx•iat .and 1leridian Qrdinenae. b~.menaions~ wi11 be detez-utined by the • City Engineer. A11 sidewal}tE xi11 be five (5) #eet in x~.d•th. 2. I'ropasc~d use is in con:tax~mence wi~L•h •Elxe City o~ 1'leridian ~ } Comprehensive Plan. ~. Development will connect to City services. 9. Development wa.11 comply with City Or•dir,ances. 5. Px•eliminary Plt;•t will include all appropriate easements. fa. Street namet~ ,must neat con#liat ~oitla Ci ly grid sy~e•tem. (3) 00006£[-9££ ~BOZ) 90L 4~P1 oaMB b-0 o11~S Plo~aw3 619f ~~ vM poi-d uw e~auuoldp uol cod an~nS c~aaul6 u3 ~ '"" `dd S31b'I~OSS~d r~N'd ~ON`d7JlOa ± .T.~ 'si=~ ~ yti~ ~ti~ wlm NOISIAIO9f18 >IkIVd 8otlwv-1v 80'1 g ~ ! iv-id ~adNlwnaad k ~ y~y~i~ ~ ~~~1CY~ Aye E L L€ L C G ~•~6 ,~ ~ ,I r~ ~ ~ ~ ~ ~~ d ~ ~ ~ ~ ~ ~ ~ ~~ a ~~~~ ,! ~ ~ ~ e ~ ;~ ~~ $~" ~~ ~ R ~ ~ ~ ~ ~ ~ ~~' ~~~ ~~ k ~ ~ L i $ ~~ 3R b ~~~ ~ ~ ~ ~ ~ -~ I ggg ~ s~ ~ $~ ~ Y~ ~ ~ ~ F ~ ~ ~~ ~~~ aE ~ Y ~~ ~ ~ ~ 9~ `~ n ~ Q . R C N gg t~ C ?Q Q ~ y Sa~ Gg I~ F,. A ~ J ~~€ d ~ ~~ZJJ ~ ~ ~ ~ ~ ~ k ~~~ ~Y 111-- ~ ZZ~ ~ ~ ~~~ ~ a9. ~ g ~ d~ <~ z Q~~ o~~ ~ J to ~ ~ R 8 `72 f ~e R i ~~I i ~~ .g ~L~~ ~s ~~~ ~F t i l 4191-£OSB 1 ~; W 3W ,~~ d~ ,~, ~ ~`F prwa. wo z~ a.r..r. --a ~~3 ,tip a ~. • • ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY Ca~p~~ THIS AGREEMENT, made and entered into this 27th day of August, 1993, by and between GENE A. BABBITT and FREDA E. L. BABBITT, husband and wife, of Meridian, Ada County, Idaho, hereinafter referred to as "Seller", and SIERRA HOMES, INC., an Idaho corporation, with its principal place of business in Boise, Ada County, Idaho, hereinafter referred to as "Buyer." W I T N E S S E T H: Seller agrees to sell to Buyer. on performance of all of the agreements and covenants of Buyer at the time and in the manner hereinafter specified, and convey or cause to be conveyed by the legal owner or owners thereof by good and sufficient Warranty Deed, free of all ;liens and encumbrances excepting any that may have attached by reason of any act, deed or omission of said Buyer, and excepting any lien to which this Agreement is expressly made subject, the following described real property, commonly known as the Babbitt Real Estate, located at 2570 South Locust Grove Road, situated in the County of Ada, State of Idaho, and more particularly described as follows, to-wit: PARCEL A: ~ The North Half of the Northwest Quarter of the Southwest Quarter and the North Half of the Northeast Quarter of the Southwest Quarter, Section 20, Township 3 North, Range 1 East of the Boise Meridian, EXCEPT the following- described tract: Beginning at the Northwest corner of the Southwest Quarter of Section 20, Township 3 North, Range 1 East of the Boise Meridian; thence East 16 rods; thence South 15 ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 1 '~ • • rods; thence West 16 rods; thence North 15 rods to the place of beginning. Together with all water and water rights, ditches and ditch rights used thereon or appurtenant thereto, including but not limited to water and ditch rights under the Nampa-Meridian Irrigation District; also rights to waste water. SUBJECT TO existing easements for roads, highways, ditches, canals, laterals and power and transmission lines. PARCEL B• Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 20; thence continuing North 663.7 feet to a point; thence North 89°17' East 2, 267.0 feet to the Real Point of Beginning; thence North 89°17' East 347.8 feet to a steel pin; thence South 39°36' West 174.2 feet to a steel pin; thence North 72°41-1/2' West 179.9 feet to a steel pin; thence North 40°22-1/2' West 100.1 feet to the Real Point of Beginning. The above tract contains 0.641 acres. PARCEL C• Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of Section 20; thence continuing North 663.7 feet to a point; thence North 89°17' East 794.9 feet to the Real Point of Beginning; thence North 89°17' East 1472.2 feet to a point; thence South 40°22'30" East 100.1 feet to a point; thence South 72°42'30" East 179.9 feet to a point; thence South 3 3 ° 56' 3 0" West 8 6.2 feet to a point; thence South 89 ° 17' West 1544 .9 feet to a point; thence North 29°46' West 232.9 feet to the Real Point of Beginning. The above tract contains 7.206 acres. SUBJECT TO a 50-foot permanent easement for ingress and egress along the entire West side of the above-described property, and together with a 50-foot permanent easement for ingress and egress along the entire North side of the following described two tracts: ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 2 ,` ~ ~ '^ ~ • IN ADA COUNTY, STATE OF IDAHO: Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 20: thence continuing North 663.7 feet to a point; thence North 89°17' East 242.8 feet to the Real Point of Beginning; thence North 89°17' East, 552.1 feet to a point; thence South 29°46' East, 230.4 feet to' a point; thence South 89°22' West, 666.55 feet to a point; thence North 200.3 feet to the Real Point of Beginning. The above described tract contains 2.810 acres. IN :ADA COUNTY, STATE OF IDAHO: Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 20; thence continuing North 463.7 feet along the West side of said Section 20 to a point; thence North 89°22' East 25.0 feet to a steel pin, the Real Point of Beginning; thence North 89°22' East 217.8 feet to a point; thence North 200.3 feet to a point; thence South 89°22' West, 217.8 feet to a point; thence South 200.0 feet to the Real Point of Beginning. Containing 1 acre, more or less. PARCEL D: This parcel is a portion of the South Half of the North Half of the Southwest Quarter of Section 20, Township 3 North, Range 1 East of the Boise Meridian and is more particularly described as follows: COMMENCING at the Southwest corner of said South Half of the North Half of the Southwest Quarter; thence South 89°49'39" East along the South boundary of said South Half of the North Half of the Southwest Quarter a distance of 1272.85 feet; thence North 41°53'08" West a distance of 263.20 feet; thence North 40°44'08" West a distance of 140.40 feet; thence North 29°00'08" West a distance of 183.80 feet; thence South 89°57'08" East parallel with the North boundary of said. South Half of the North Half of the Southwest Quarter a distance of 114..38 feet to the TRUE POINT OF BEGINNING; Thence continuing South 89°57'08" East parallel with said North boundary a distance of 1430.52 feet; thence South 34°42'22" West a distance of 12.00 feet; thence South 39°11'22" West a distance of 8.41 feet; thence North 89°57'08" West parallel with said North boundary a distance of 1409.28 feet; thence North 29°00'08" West a ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 3 distance of 18.75 feet to the TRUE POINT OF BEGINNING. This parcel contains 0.534 acres, more or less. Together with all .water rights, ditch rights, rights of way, tenements, hereditaments and appurtenances thereto belonging or used in connection therewith. EXCLUDING THEREFROM, the Babbitt residence located thereon and approximately one acre of ground, more particularly described as follows, to-wit: A portion of the North Half of the Southwest Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, more particularly described as follows: Beginning at the Southwest 1/16 corner of the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 20; thence continuing North 663.7 feet along the West side of said Section 20 to a point; thence North 89 ° 17' East 25. 0 feet to a steel pin, the REAL POINT OF BEGINNING; thence North 89°17' East 217.8 feet to a point; thence North 200.0 feet to a point; thence West 217.8 feet to a point; thence South 200.0 feet to the REAL POINT OF BEGINNING. I. THE PROPERTY: The property consists of approximately 50 acres, more or less, which property shall be surveyed by a licensed engineer at Buyer's expense on or before closing of this transaction as hereinafter defined. The licensed engineer employed by the Buyer shall divide the above described real property into four parcels of nearly equal size, to be designated as Tracts 1, 2, 3 and 4. II. PURCHASE PRICE: Buyer agrees to buy the said above described real property and to pay Seller therefor the sum of FOURTEEN THOUSAND DOLLARS ($14,000.00) per acre, being approximately $700,000.00, the exact amount of which is to be determined upon the survey of the total acreage as agreed herein, payable in lawful money of the United States, payable in the manner ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 4 • • as follows, to-wit: A. The sum of $2,500.00 in cash, receipt of which is hereby acknowledged by Seller, to be paid to Pioneer Title Company of Ada County, Boise, Idaho, as escrow agent in the form of i earnest money deposit. B. An additional sum of $47,500.00 in cash, shall be deposited with the escrow holder on or before the date of closing; ~~' C. The balance of the purchase price shall be divided into four equal annual installments, each equal to twenty- five percent (25~) of the balance of the purchase price, with the first of said annual installments to be paid on or before December 31, 1994, the second annual installment to be paid on or before December 31, 1995, the third annual installment to be paid on or before December 31, 1996, and the fourth and final annual installment of the remaining balance due shall be paid on or before December 31, 1997. All payments shall be credited first to accrued interest and the balance to principal. D. Said unpaid principal balance shall bear no interest if all annual installments are timely paid. In the event any annual installment is not timely paid, said annual installment shall bear interest at the rate of ten percent (10~) per annum from the date said annual installment is due until paid. The payment thereof shall- be applied first to interest and the balance to the principal amount of said annual installment. E. Buyer shall have the privilege of prepaying all ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 5 ^. ~. i • or any portion of the remaining principal balance at any time. IT IS FURTHER EXPRESSLY COVENANTED AND AGREED by and between the parties hereto as follows: 1. j POSSESSION: The Seller shall deliver and surrender i possession of ithe above described premises to the Buyer as each of the said tracts, numbered 1, 2, 3 and 4, are paid for through escrow. The Seller .shall be entitled to continued possession of said tracts of the property for the time period from the execution hereof until those tracts are paid for and the warranty deed covering said tract is delivered to Buyer. However, during said time period, Buyer shall have the right to enter and go upon. each of said tracts for purposes of conducting, obtaining or preparing soil and water tests, engineering studies, and such other studies and tests as Buyer may reasonably determine to be appropriate, using extreme care and caution not to disturb or cause damage to any crops Seller may have growing upon said tracts of property. Further, during said time period, Buyer shall be entitled to make applications for such governmental permits, certificates and licenses as may be required for Buyer's ultimate development of each tract of the property. 2. ENGINEERING AND ZONING APPROVAL: Seller hereby S authorizes Buyer to enter upon the property for purposes of survey, soil tests and other engineering studies as Buyer deems necessary for Buyer's intended use of the property. Seller agrees to execute zoning applications, or other zoning documents, as may be required by Buyer, and agrees to cooperate with Buyer on all governmental ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 6 . `~ ~ i • applications contemplated herein and to be submitted by Buyer. All costs of said tests, surveys, engineering, planning or zoning documents shall be solely at the expense of and paid for by Buyer. Buyer agrees to indemnify and save harmless Seller from any claims, actions, suits or demands resulting from any actions of the Buyer. Buyer will not allow any labor or material liens to be filed on the property. Should Buyer default under the terms of this contract, Buyer shall restore said property to its original condition, with respect to soil tests or any other engineering studies done on the property, and pay for any crop damage that may occur as a result thereof. 3. WARRANTIES: Buyer has inspected the above described real property and premises, and accepts the same in the condition the same are now in. There are no verbal or implied promises, agreements, stipulations, representations or warranties of any character whatsoever, except those set forth in writing in this Agreement, and Buyer in entering into this Agreement is relying wholly upon Buyer's own inspection and judgment. 4. I TAXES AND ASSESSMENTS: Taxes mean all general and special taxes levied against the premises and the improvements and fixtures thereon by an taxing unit for any purpose and includes but t is not limited to those for bonds and special improvements. Seller agrees to pay all taxes, water assessments and all other assessments of any type or kind upon the above described real property for the year 1993 and all prior years; and the Buyer agrees to pay all taxes, water assessments and all other ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 7 . - t' • • assessments of any type or kind assessed on Tract No. 1 for the year 1994 and all subsequent years, promptly and before the same become delinquent. Buyer agrees to pay the taxes and assessments on Tracts numbered 2, 3 and 4 for the years 1995, 1996 and 1997 respectively, unless those tracts are purchased sooner, in which event the taxes will be prorated as of the date of the prepayment and purchase of each of said tracts. 5. CONDITION OF TITLE TO PREMISES: The Seller warrants that the Seller is vested with a merchantable, unencumbered, fee simple title to the premises, subject only to taxes and assessments, subject to easements and restrictions as appear of record, and subject to the following: All claims arising from the uncertainty in the description of the premises because of reservations in patents or i state grants 'or in the laws authorizing the issuance thereof; the .bonded debt lof all taxing units; all zoning requirements and restrictions provided by any fire, building, plumbing, electrical or other similar codes imposed by any governmental unit; and all rights of way under, over and across the premises regardless of how evidenced or acquired and whether the same appears of record or not. s 6. TITLE INSURANCE POLICY: The Seller shall as hereinafter provided cause a title insurance policy to be issued after the effective date hereof by Pioneer Title Company of Ada County, Idaho, insuring the Buyer in the sum of the purchase price of the premises against all losses which the Buyer might sustain by ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 8 • • reason of defects in the Seller's title, subject only to those i exceptions usually printed in such policies and those exceptions expressly set forth in the paragraph of this contract entitled "Condition of title to premises." 7. ISSUANCE AND SERVICE OF PRELIMINARY REPORT: The Seller shall, upon closing, cause a preliminary report on the title insurance policy to be issued and shall serve the same on the Buyer for examination within thirty (30) days after the date of closing. 8. EXAMINATION OF PRELIMINARY REPORT:- Within ten (10) days after service of such preliminary report, the Buyer shall examine it and notify the Seller of each defect in the Seller's title to the premises not herein expressly excepted. The Buyer forever waives each defect not so noticed. The Seller shall within a reasonable time correct each defect so noticed and not herein expressly excepted. 9. ISSUANCE OF TITLE POLICY: When the time has expired within which the Buyer may give notice of each such defect without any such notice having been given as herein provided or when the Seller has corrected each such defect so noticed as herein provided, the Seller shall forthwith cause the the policy to be issued according to such preliminary report and to be deposited with the escrow holder and shall cause a true copy of the title insurance policy to be served upon the Buyer as verification that the title insurance policy has been issued in compliance with the provisions of the contract. 10. WARRANTY DEED AND OUITCLAIM DEED: Seller agrees to ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 9 • execute and deliver in escrow at such time as the survey is completed and the legal descriptions are available for Tracts 1, 2, 3 and 4, good and sufficient Warranty Deeds to said Tracts 1, 2, 3 and 4, conveying unto Buyer the said real property in conformity with the provisions of this Agreement, which Warranty Deeds shall be placed and held in escrow as hereinafter specified. Also, at said time, Buyer shall execute and cause to be deposited with the escrow agent Quitclaim Deeds to said Tracts 1, 2, 3 and 4, from the Buyer to Seller. If Buyer makes full payment, said Quitclaim Deeds shall be delivered to Buyer. If Buyer defaults in this Escrow Agreement as hereinafter set forth, said Quitclaim Deeds, or any Quitclaim Deeds remaining in escrow, shall be delivered by the escrow agent to the Seller herein. 11.j TITLE RESERVED: Title to Tracts 1, 2, 3 and 4 is hereby reserved in the Seller until the deferred portion of the purchase price for each specific tract is paid in full. 12. PERSONAL PROPERTY: The sale and purchase of the property herein does not include any of Seller's personal property, and there is specifically excluded from this sale all such fencing and irrigation equipment as the same now exists that Seller desires to remove. Seller shall affect such removal on each respective tract within one hundred twenty (120) days from the date of payment of each respective tract. 13. ESCROW: The balance of the monies to be paid to Seller under the terms of this Agreement shall be paid through the office of Pioneer Title Company of Ada County, Idaho, 821 West ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 10 • State Street, Boise, Idaho, which said office is hereby designated escrow agent under the terms of this Agreement. A copy of this Agreement, the above described Warranty Deeds conveying the real property to Buyer, the above described Quitclaim Deeds, and the title insurance policy, when provided pursuant to this Agreement, shall be placed in escrow with the said escrow agent, to be delivered to Buyer as follows: When Buyer shall have paid to the escrow agent the sum of twenty-five percent (25~) of the balance of the purchase price, together with any accrued interest if applicable, the warranty deed to Tract No. 1 shall be delivered to Buyer by the escrow holder; when Buyer shall have paid to the escrow agent the sum of fifty percent (50~) of the balance of the purchase price, together with any accrued interest if applicable, the warranty deed to Tract No. 2 shall be delivered to .Buyer by the escrow holder; when Buyer shall have paid to the escrow agent the sum of seventy-five percent (75%) of the balance of the purchase price, together with any accrued interest if applicable, the warranty deed to Tract No. 3 shall be delivered to Buyer by the escrow holder; when Buyer shall have paid to the escrow agent the entire principal balance of the purchase price, together with any accrued interest if applicable, the warranty deed to Tract No. 4 shall be delivered to-Buyer by the escrow holder, and the said escrow agent may thereupon close this escrow. The initial escrow fee, all monthly and annual fees shall be paid one-half by Seller and one-half by Buyer. ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 11 I • ~ • • 14. DEFAULT AND FORFEITURE: Time and the punctuality of payments are of the essence and a material part of this Agreement. In the event of a failure to comply with the terms hereof by Buyer, the Seller shall be released from all obligations in law or 'in equity to convey the said real property as herein set forth. I ~~ ~~ ~. ~ Buyer shall fail to comply with the terms and conditions of this Agreement, Seller shall give notice thereof to the escrow agent in conformance with the escrow instructions attached hereto and incorporated herein by this reference, and direct the escrow agent to give notice to Buyer of such default in accordance with the terms and provisions of the escrow instructions entered into simultaneously with the execution of this Agreement. Said escrow holder shall then give immediate notice by certified mail to Buyer at the demised premises, or to such other address as furnished by Buyer, advising said Buyer in what respect Buyer has failed to comply with the terms and conditions of this Agreement. In the event the said Buyer shall fail to comply with the terms of this Agreement so specified within thirty (30) days after the giving of such notice by certified mail from the escrow holder, then and in that event, all payments previously made under the terms and conditions of this Agreement by Buyer upon the premises shall be t forfeited to Seller and shall be considered as liquidated damages and rentals for the use and occupation of said real property, and not in any manner be considered as penalties, and all rights of Buyer under this Agreement to the possession or ownership of said real property shall terminate and be at an end, and said Buyer ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 12 . ~ t t ~ , • shall surrender and vacate said real property upon demand by Seller, and failing to do so, shall be deemed and considered an unlawful detainer of said real property. The said escrow holder shall thereupon return to the Seller the said Warranty Deeds and ~~~ all other papers pertaining to this transaction held by it. pp~ N~(~~the terms of this Agreement within thirty (30) days rom ~~ notification of default as provided herein, then and in ch event Seller may, at Seller's election, declare the ent' a remaining unpaid balance of this Agreement due and payab forthwith, and recover said balance from Buyer by legal proc dings, if necessary. Notification to Buyer as provided herein all be deemed completed at the time said notice is postmarked y certified mail to Buyer at the demised premises or to such her address as furnished to the escrow holder by said Buyer The remedies provided herein for default on the part of uyer shall be considered as optional remedies and not as waiver of any rights or remedies that the Seller could of rwise have at law or in equity to enforce the performance this Agreement, or to recover damages for breach thereof, nd Seller may pursue any other remedy now or hereafter prow' ed by law, the reme~di~eds~ above specified not being exclusive 15. ADVANCES: Seller may, without prior notice (but is not obligated to), pay any taxes, water .charges, insurance premiums, liens and payments on liens or contracts, which the Buyer is herein obligated to, but fails to pay when due. The amounts so ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 13 . ,,~ paid by the ;Seller shall be immediately due, and shall bear interest at ten percent (10$) per annum until paid, and shall be deemed secured by this contract. By paying such items, the Seller does not waive the Buyer's default for failure to pay the same, and may thereupon cause a notice of default to be given to the Buyer as herein provided. The Buyer may, without prior notice (but is not obligated to), pay any obligations for which Seller is responsible hereunder, but fails to pay when due. The amounts so paid by Buyer shall constitute an offset against the purchase price due to Seller by Buyer hereunder. 16. INDEMNITY: Buyer hereby agrees to assume all risk and indemnify and hold Seller harmless from any and all responsibility or liability for any and all causes of action, claims, accidents, injury or damage to any person or property arising by reason of the use or occupancy of the premises by Buyer or by an agent, invitee, licensee, or tenant of Buyer. Buyer agrees to carry insurance covering liability for any such claims. 17. SELLER'S DEFAULT: The Buyer may without prior notice to the Seller pay any sum which the Seller is herein obligated to but fails to pay when due and each such payment when so paid by the Buyer shall be secured by the Seller's interest in this contract and shall be immediately repaid to the Buyer by the Seller who shall remain in default until each such sum is repaid with interest while not repaid at the maximum percent per annum permitted by law or at the rate of ten percent (lob) per annum, whichever is less. The foregoing shall in no way limit the ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 14 -.,, _. following. If the Seller defaults in performing any of the provisions of this contract to be performed by the Seller, the Buyer shall notify the Seller thereof specifying each such default. If the Seller fails to correct each such specified default within thirty (30)days after service of such notice, the Buyer may without further notice immediately: (a) Correct each such specified default and deliver the receipts evidencing payment of the cost thereof to the escrow holder which amount shall be credited by the escrow holder on the next payment or payments coming due on the deferred portion of the purchase price; or (b) Pursue any other remedy now or hereafter. provided by law, no remedy above specified being exclusive. 18. ATTORNEY FEES: In the event an action is brought to enforce any of the terms or provisions of this Agreement, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In addition, Buyer agrees to pay all costs and reasonable attorney's fee for each notice of default which Seller causes to be S served upon; Buyer for Buyer's failure to pay the installment payments under this Agreement when due, or for any other default of Buyer under this Agreement, and the said costs and attorney's fees thereof shall be paid by Buyer to the escrow .holder in addition to all other payments due in order to cure a default in payments, and ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 15 • failure to pay said costs and attorney's fees shall be a material and substantial breach of this Agreement. 19. REPRESENTATIOP7 OF ATTORNEY: The parties hereby acknowledge that they have been advised by Wm. J. Brauner, of the law firm of Wm. J. Brauner, P.A., concerning the possibility of conflicts of interest arising when one lawyer represents both sides of a sale transaction; that a lawyer can have only one master and if he represents two clients, having opposing interests, a conflict of interest may arise and it may then be desirable for each of the parties to have their own independent legal counsel. It was explained that this law firm represents the interests of Seller in this matter, and therefore cannot represent the interests of the Buyer and as a result of this situation, Seller is required to pay said firm for legal services and no part of such fees can be paid to the firm by the Buyer. a. The parties further acknowledge that they have agreed between themselves that the Buyer will reimburse the Seller for the fees and expenses to paid by the Seller for having the contract and related documents prepared and placed in escrow excepting, however, the costs of title insurance and any expenses incurred in perfecting marketable title. b. In the event future conflict shall arise between them involving litigation by reason of this sale, Wm. J. Brauner of the law firm of Wm. J. Brauner, P.A., can only represent the interests of the Seller and cannot in any way represent the interests of the Buyer. The Buyer acknowledges that Buyer has the privilege of ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 16 .- ~ • consulting independent legal counsel at .any phase of this transaction, and has consulted with Brian McColl of Boise, Idaho. 20. ASSIGNMENT OR TRANSFER PERMITTED: The interest of the Seller and the Buyer in this Agreement and in the premises under this Agreement shall be freely assignable or transferable but no such assignment or transfer shall diminish or extinguish the liabilities hereunder of any of the parties hereto. It is specifically understood and agreed to by the parties hereto that Buyer intends, contemporaneously with the execution of this Agreement or as soon thereafter as is practical, to assign to Marty i Goldsmith all of Buyer's right, title and interest in and to this Agreement in the form and manner of the Assignment set forth in Exhibit "A", a copy of which is attached hereto and by this reference incorporated herein, which assignment Seller hereby consents to, and by signing this contract, Marty Goldsmith assumes and acknowledges the obligations of this agreement. ;NG1 `' ~~ RECORDING MEMORANDUM OF CONTRACT PERMITTED: The aco ~ Q U e ~~"~parties,~:,hereto -have simultaneously with the signing, of~,this~ ~:,~NMe~-I-' ~ d ntract~-signed an,~,instrument: entitled "Memorandum;;;of,~Cbntrac~Ay~of a ., ,S;ale~.;for~,~,;Recording" and ,the Buyer shall have the right~'at-~~the; expense- of .the Buyer to .record or ,file such. memorandum .in;~;the..E.~i ~~office;:,;of ,,the recorder of:'~~the .County in which the premises ~~are~~~ situated=~:~and_,.,.in any other...>public _office which the:- Buyer~,deems advisable `~ 22. NOT RECORDED: This Agreement shall not be recorded in the records of Ada County without the prior joint written ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 17 . ', '. , .. .A. • • consent of the parties. 23. BROKER'S COMMISSION: Seller acknowledges that ReMax Realty of Boise, Ada County, Idaho, has been instrumental in this i transaction 'on behalf of Seller, has been representing Seller and i will be paid a brokerage fee by Seller. Seller agrees to pay said commission in installments of twenty-five percent of said commission as each annual installment is received from Buyer. Seller represents that Seller has not executed or entered into any contract of employment or "listing agreement" with regard to the sale or possible sale of the property hcrein with anyone other than ReMax Realty. 24. ALL MODIFICATIONS TO BE WRITTEN: No modification of this Agreement nor any waiver of a provision thereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. 25. IMPUTED INTEREST: In the event that the Internal Revenue Service imputes interest to Seller because of the way this .installment contract has been .agreed upon, the Buyer agrees to reimburse Seller for any income tax so assessed to Seller on said interest only by either the Internal Revenue Service or Idaho State Tax Commission. The reimbursement shall be made within sixty (60) days after notice from Seller to Buyer of the imputed interest tax. I 26'. FINAL AGREEMENT: All contracts and agreements heretofore made by the parties hereto or their agents pertaining to the sale and purchase of the premises are merged into and superseded by this Agreement which constitutes the sole and the ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 18 ,_ • • entire Agreement thereon between the parties hereto. 27. INTERPRETATION: The paragraph headings used herein are for convenience only, are not a part of this contract and are not to be used in construing it. This contract will be executed in several counterparts, each of which shall be deemed an original. Singular terms used herein shall be read as if written in the plural when the context so requires or permits. ' 28.; BINDING EFFECT: The provisions and stipulations of this Agreement shall insure to and bind the heirs, executors and i administrators, assigns and successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first .above written. LPL GEN A. BABBITT FREDA E. L. BABBITT SELLgt ATTEST: By ~ ;1 ~r~ll Secretary (CORPORATE SEAL] { SIERRA HOMES, INC. B President i ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 19 i I BUYER • CONSENT OF ASSIGNEE The undersigned, MARTY GOLDSMITH, does hereby acknowledge that he has read the above and foregoing contract, and accepts the assignment thereof and agrees to perform the contract according to its terms. DATED this 27th day of August, 1993. STATE OF IDAHO ) ,qp,~ ) ss County of Carrprm ) MARTY GOLD MITH On this 27th day of August, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared GENE A. BABBITT and FREDA E. L. BABBITT, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~`~~ ~0 31 b! f.,,~, d /` `~.0~~~~..••••..~~~ ~; Notary ublic .for Idaho (SEAL) ~ ,a~ ^9 n o' •~~k' ;I Residing at: ~, Idaho. ~~rr ~O• ~ ~• Z = O: 0:0= ~.4bd ~'~f,~_= ~I ~( ~ ..,,, l~n e~~,,,,. ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 20 ~ ~ STATE OF IDAHO ) y98~ ) s s County of ~- ) On this 27th day of August, 1993, before e a Nota Public in and for said State, personally appeared ~~r•.~ .~, and `~~s,.,,~ ~~,,,--5 , known to me to be the president and secretary, respectively, of SIERRA HOMES, INC., an Idaho corporation, that they executed the within and foregoing instrument on behalf of said corporation, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. P_~ ~n~ c~2nl~n-~ Notary Public for Idaho , (SEAL) Residing at: G~, Idaho. ~.p~. g - a3-q~ tea. STATE OF IDAHO ) County of ~- ~ ss On this 27th day of August, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. INWITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wr. itten. Q ~ Ql A- No ary Public for Idaho (SEAL) + Residing at: C~t~i, Idaho. gyp: ~3•-~3~7 ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 21 . .' 1 ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNOR: Sierra Homes, Inc., an Idaho corporation ASSIGNEE: Marty Goldsmith DATE: August 27 1993 1. Assignment. Assignor does hereby sell, transfer, set over and assign . to Assignee all of Assignor's right, title and interest in and to that certain Real Estate Purchase Contract dated August 27 1993 assigning and conveying as well to Assignee all of Assignor's right, title and interest in and to the real property described in said contract. 2. Assumption. Assignee does hereby assume and agree to pay, perform and discharge promptly when the same should be done all the remaining duties and obligations of the Buyer under the contract hereby assigned. 3. Consideration. In consideration for the assignment made herein, Assignee has made and transferred to Assignor the sum of Twenty-five Thousand Dollars ($25,000.00) and title by deed to Lot 13, Block 3 Hunts Bluff Subdivision, records Ada County, Idaho, receipt whereof is hereby acknowledged by Assignor. DATED this 27 day of August 1993. . ASSIGNOR: ATTEST • SIERRA HOMES, INC., an Idaho corporation BY~f~ill~tfoi'U`f `LO,. + r 'sa,~s~ ecxe. ary By (~~~3~I~f ~~A•rsl ~'res~.dent ^" ~:I~,°~gpOR,gr:~'L~ :^ ASSIGNEE: a i ~ S ~s~ ~ ~ w ~ ~'; SEAL ~ ~~ -,~'•.,J? •'••....•••',~,o ~.•'~~•` ART G LD SM ITH ASSIGNM~i~+ND ASSUMPTION AGREEMENT - 1 ~naa EXHIBIT "A" L r • •,• ` +, 1M • • STATE OF IDAHO County of Ada ss. On this 2.7 thday of August 1993, before m ~ he under i ned, a IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said State, personally appeared ~ , known andidentified to me to be the President of the corporation t at execute the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. (SEAL) STATE OF IDAHO ~a ~4 cr ~ ~~~~~ Notary Public for Idaho Residing at ~oy~sz, ,Idaho Commission expires: $-"~'~-q~7 ~ ~ ss. County of Ada ) On this27th day of August 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified 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. (SEAL) P_~~_~ ~~~ ~~~~~~ Notary Public for Idaho Residing at ,Idaho Commission expires: b- ~/'7 ASSIGNMENT AND ASSUMPTION AGREEMENT - 2 .nae MERIDIAN CITY COUNCIL MEETING:_ _ _ .SEPTEMBER 5.1995 APPLICANT: FARWEST DEVELOPERS ITEM NUMBER; 8 ~ 9 REQUEST• AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING/ ~LIMINARY PLAT FOR LOS ALSMITOS SUBDMSION NO 3 AEG ,NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: • ~~ ~~ AMENDED FINDNGS OF FACT AND CONCLUSIONS OF LAW 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: ~ ~~~ ~I~ 8~Q SPY a OTHER: ~j Materials presented a# public meetings shall become property of the City of Meridian. C~OG'~ BEFORE THE MERIDIAN CITY COUNCIL FARWEST DEVELOPERS ANNEXATION AND ZONING N 1/2 SW 1/4 OF SECTION 20. T.3 N., R.l E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 15, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Marty Goldsmith, appearing and the City Council having duly considered the matter, the City Council of the City of Meridian 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 August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is LOS ALAMITOS NO. 3 - FF/CL Page 1 ,~ ~ • approximately 22.24 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Los Alamitos No. 1 and No. 2, which was previously annexed, is an R-4 development. 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 the owners of record are Gene A. Babbitt and Freda L. Babbitt who have consented to this Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the 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 applicant indicated that the intended development of the property is for single family dwellings with a density of 2.6 dwelling units per acre; Applicant stated at LO3 ALAMITOS NO. 3 - FF/CL Page 2 • the Planning and Zoning Commission hearing that he had reviewed all of the comments of Planning Director, City Engineer, and the Ada County Highway District and that there was nothing that he disagreed with or would not be complying with; that he was applying for an R-4 zone which has a 1,400 square foot minimum house size; that Los Alamitos No. 1 had a 1, 500 square foot minimum; that there would be a perimeter fence; that 1,500 square foot homes, as a minimum size would be fine with him. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City sewer; that there is a question in the mind of the City Engineer, regarding water service and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 12. That an irrigation canal, the Hunter Lateral, crosses the east end of this property with a south easterly to a northwesterly flow; that a previous developer applied for a variance from tiling this lateral which was denied. 13. That the testimony at the public hearing before the Planning and Zoning Commission was as follows: a. Karen Gallagher, of the Ada County Highway District testified during the Planning and Zoning hearing that the District had not yet finished their review of Los Alamitos No. 3; being discussed is just a minor detail of aligning with the stub street that LOS ALAMITOS NO. 3 - FF/CL Page 3 has been approved to Sundance to the north and the other issue is a little more complicated and involves the stub street to the east which is currently tagged as the school site. At the hearing before the City Council, Raren Gallagher testified to the concern of the District regarding the stub street lot to the east that would continue over through the school property possibly to a bridge to the Highlands; that in discussions with the District's Commissioners the determination that they have made and the preliminary plat was that street would be cul-de- saced and that no bridge connection or no bridge would be made over the lateral at that location; that the Commissioner's did approve it as a cul-de- sac without a connection continuing on for a bridge connection to the Highlands Ranch. b. Shari Stiles, Meridian City Planning Director, testified at the Planning and Zoning hearing on June 13, 1995, concerned that there is no vehicle access between the two (2) sections of the properties and also none to the school; that the concern of access from the neighborhood to the school is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance; that there is really no point in not allowing inter-neighborhood vehicle access. c. Lydia Aguerre testified at the P & Z hearing, June 13, 1995, that she approves the R-4 annexation if the house sizes are going to be 1500 square feet; that her concern lies where the water will come from and getting an average priced home in there; that Ms. Aguerre gave additional testimony before the City Council; that she questions her water rights and some private well owners in the area and is the pressurized irrigation going to effect those whose wells are not as deep; and what about storm water management and where will the rains run off to? d. Ted Hanson testified before the Council asking about check valves being installed; that the water transferring back through Goldsmiths pressurized line from his wells and whether this would contaminate the ground water of the private wells; also that his concern that his well is only allowed to pump a certain amount of water to irrigate and you can't draw more water than permitted and will LOS ALAMITOS NO. 3 - FF/CL Page 4 the State Water Quality Control check the valves on this well. e. John Shipley testified at the June 13, 1995 P & Z hearing with regards to pressurized irrigation and stated that this question came up in December 1993 and that Mr. Goldsmith was a bit perturbed about pressurized irrigation system and why was the City making him do this and the conversation moved to surface water pressurized irrigation; that Mr. Shipley is concerned what the City will do about using well water for pressurized irrigation since it was stated in the meeting that Mr. Goldsmith was to use surface water; that Mr. Shipley's other concern is with all the trash that blows out of the subdivision and collects against the fence lines and in the irrigation ditch causing delays because of clean up time. Mr. Shipley testified during the City Council's hearing, adding to his previous testimony, that the developer was told initially to use surface water for irrigation, that the well house sits in the middle of a cul-de-sac; that he is concerned with all the other subdivisions going on that they are not putting water back in the ground from surface water; that eventually this water will not get back into the ground because of the houses going in, taking up a place for water to soak and replenish the surface water. f. That at the Planning and Zoning hearing, Mr. Stoppello, owner of approximately thirteen (13) acres of land lying south of the Los Alamitos Park Subdivision and north of the Gem Park II Partnership land, submitted a letter stating that he is not opposed to the development but has a certain number of concerns, namely: 1. He would like to see this sewer access maintained for the future development of his thirteen (13) acres; 2. He would like to make sure the street aligtunents of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with his land prior to approval of their applications to not only insure compliance with ACHD, but provide for utility access for all development and; LOS ALAMITOS NO. 3 - FF/CL Page 5 u 3. That he is in favor of maintaining R-4 standards. g. That Jim Lee testified before the Council asking whether of not Water Resource can come out and check the well more frequently. 14. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, Ada County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 15. That the Meridian City Engineer specifically commented as follows: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems shall be removed from their domestic service per city Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; c. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. That water service to this development is contingent upon positive results from a hydraulic analysis by computer model; e. That a determination of ground water level and subsurface soil conditions should be made. LOS ALAMITOS NO. 3 - FF/CL Page 6 ~ ~ f. Applicant will be responsible to construct the sewer mains to and through this proposed development via the existing mains installed in prior phases of this development; manholes shall be provided to keep the lines on the south and west side of the centerline; g. Applicant will be responsible to construct the water mains to and through this proposed development via existing mains installed in prior phases of this development; that the well proposed to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 16. That Shari Stiles, Planning and Zoning Administrator specifically commented stating as follows: a. That any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605; that regardless of ownership, the developer will be required to the the Aunter Lateral unless a variance application is submitted and approved by the City Council; b. That any existing domestic wells and/or septic systems within this project shall be removed from their domestic service except that the wells be used for non-domestic purposes such as landscape irrigation, per City Ordinance; c. That perimeter fencing is to be in place prior to obtaining building permits for housing; d. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.1.; e. That the Applicant is to enter into a development agreement as authorized by 11-2-416.L. and 11-2- 417.D.; that -the Development Agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., R. and L, and the goals expressed in the Meridian Comprehensive Plan; f. That the Applicant indicates a minimum house size of 1,400 square feet; that Phase 1 development agreement and restrictive covenants require a minimum house size of 1,500 square feet; LOS ALAMITOS NO. 3 - FF/CL Page 7 • g. That the Comprehensive Plan indicates that a school and park site is needed in this section; that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 17. That the Ada County Highway District submitted site specific comments that include a revised preliminary plat be submitted to include the following changes: a. Align Scaup Street with the approved stub street in Sundance Subdivision to the north; b. Cul-de-sac Cygnet Drive at its ease end since the site's east boundary abuts the future school site; c. Terminate Cygnet Drive in a cul-de-sac to avoid substandard angles at the intersection with Easy Jet Drive and; d. Shift the stub street to the south property line to the west. 18. The Meridian School District submitted comments in prior annexations in this area, that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- LOS ALAMITOS NO. 3 - FF/CL page $ i ~ residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 20. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 21. That the land is adjacent to the land annexed and being developed as Los Alamitos No. 1 & 2, which is now in the process of development. 22. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service LOS ALAMITOS NO. 3 - FF/CL Page 9 • Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 25. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 26. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those LOS ALAMITOS NO. 3 - FF/CL Page 10 moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the heglth, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community LOS ALAMITOS NO. 3 - FF/CL Page 11 • (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That the Applicant has indicated that it would donate land to the City of Meridian and Joint School District No. 2, the LOS ALAMITOS NO. 3 - FF/CL Page 12 • Meridian School District which land is adjacent to this subdivision and is, or will, be owned by Applicant; that Shari Stiles commented above that the Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. coNCZVSIONs 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function.. 3. That the Planning and Zoning Commission has judged this 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. LOS ALAMITOS NO. 3 - FF/CL Page 13 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the 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. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District except as changed herein, Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, LOS ALAMITOS NO. 3 - FF/CL Page 14 and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways, including the Hunter Lateral, shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L, M and the comments of the Planning Director, Shari Stiles; that if the land has surface water rights, those rights should be used for pressurized irrigation, and that since Applicant is now using well water from one well for pressurized irrigation in prior phases of this subdivision, and for Salmon Rapids Subdivision, it shall monitor its well, its use and water level, to ascertain the impact of its use of well water for pressurized irrigation on wells located on adjacent property; that Applicant shall obtain approval from the City for all equipment, method and means to perform the well monitoring; that the monitoring shall be performed bi-weekly during the months of April, May, June, July, August, September and October; that Applicant shall approach adjacent land owners to LOS ALAMITOS NO. 3 - FP'/CL Page 15 U obtain permission to monitor their wells on the same bi-weekly schedule; that two such adjacent well shall be monitored; if permission cannot be obtained Applicant shall not be required to monitor adjacent wells; that this monitoring of the wells shall go on until wells are no loner used for pressurized irrigation and shall also be addressed in the Development Agreement; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, .when required, any impact, development, or transfer fee, adopted by the City; that, as commented on by the Planning Director, evidence of transfer of school site property must be given prior to obtaining building permits for housing; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size requirements for the R-4 district may be increased as a condition of annexation and therefore the R-4 requirement of 1,400 square feet shall be exceeded so that the minimum house size shall be 1,500 square feet. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners and the school site, to be located in the area, will have to be worked out and included in the development agreement including a bridge and road over the Ridenbaugh Canal, or the property will not be annexed or, if LOS ALAMITOS NO. 3 - FF/CL Page 16 annexed, it will be de-annexed; that the bridge and road over the Ridenbaugh Canal will or may have to be done in conjunction with the owner and developer of the land now being developed as the Highlands Ranch. 16. That these conditions shall run with the land and bind the applicant, the titled. owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,500 square foot minimum sized houses, would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDIN(~43 OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves 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 AND RECOMMENDATION LOS ALAMITOS NO. 3 - FF/CL Page 17 The City Council of the City of Meridian hereby recommends approval of the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including that the minimum house size shall be 1,500 square feet, that Applicant shall construct a bridge and road which crosses the Ridenbaugh Canal, that surface water be used for pressurized irrigation if possible, that Applicant shall meet the provisions of the Conclusions regarding monitoring of well, evidence of transfer of school site property must be given prior to obtaining building permits for housing, and that the Applicant and owners be specifically required to the all ditches, canals and waterways, specifically including the Hunter Lateral, 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 entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: . ~~ DISAPPROVED: LOS ALAMITOS NO. 3 - FF/CL Page 18 • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., city clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer RT W W i r VITY OF MERIDIAN MAX YERRINGTON , er BRUCE D. STUA at orks Supt. WALT W. MO ROW JOHN t sHAwcROFT waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. P a 2 COMMIS-SION SHARI S. STILES, P & z Adm. MERIDIAN IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor , Phone (208) 888-4433 • FAX (208) 887;4813 JIM JOHNSON, Chalmran KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief Public WorksBuilding Department (208) 887-2211 MOE ALIDJANI JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor August 31, 1995 MEMORANDUM TO: Ken Henderson (Goldsmith Charter) FROM: Gary Smith ~y RE: Los Alamitos No. 3 Subd. (Preliminary Plat) A review of my file on the status of this project reveals the following questions/concerns: The culdesacing of Triple Plum Drive needs to be resolved between ACRD, yourselves and City Staff. 2. The Hunter Lateral and Ridenbaugh Canal are shown within platted lot(s) to be given to the Nampa & Meridian Irrigation District. Will they accept these? 3. The frontage requirement of all corner lots is 80 feet, on each street, measured as the tangent + 1/2 of the corner curve length. This is a minimum. Several lots appear to be short of this. 4. A development agreement is required and perimeter fencing is required prior to issuance of building permits. Protective Covenants need to be submitted for t~ subdivision, not No. 1 or No. 2. 6. Total number of lots for Phase I, II, III exceed 100 for a single access which I understand violates ACHD policy. 7. Do your stub street locations along your south boundary line up with Frank Costellos proposed plan of subdivision? 8. You need to file a variance from piping Hunter Lateral and Ridenbaugh Canal. ~aaute~~ August 26, 1995 Rick Clinton City of Meridian 33 East Idaho 83642 Meridian, Idaho 83G42 Mr. Clinton: ~~~~ ~~ As a result of the discussion that we had the morning of August 17, 1995 I have came to several conclusions. I request that you affirm or correct my interpretations of our conversation and prepare for some additional discussion. 1. We wish to divide the development of Los Alamitos Park Subdivision No. 2 as platted and construct the lots in two phases. It is my understanding that to do this we need to ... a. Petition the city council for anon-development agreement with specific regard to tl~e sections of lots to be developed immediately and those to be developed at a later time. b. Clearly show the phase lines on construction plans for your review (see enclosed Platt). c. Provide a bond for the entire second phase so that the City's usual bonding requirements are met. d. Enter into anon-development agreement with ACHD and provide them with a bond to meet their usual requirements. 2. I understand you to have said that if changes are required in the Los Alamitos No. 1 License and Easement Agreement that you would not allow this to delay the final approval of this development. Your last requirement is a letter from the Nampa Meridian Irrigation District's attorney stating that the easement that Meridian City holds is within their easement and approval is given via this License Agreement and Easement. 3. Your review of the construction plans for Los Alamitos Park Subdivision No. 2 and Salmon Rapids Subdivision No. 2 will be complete by the twenty fifth of this month. You have been unable to find time to provide your written comments for three months. If I can help you in this endeavor please let me know as we have scheduled around your estimates twice and the effort is getting more difficult. 4. A ditch that would require a forty eight inch diameter or larger the to cover is qualified for a potential variance from the Meridian City ordinance requiring ditches in new subdivisions to be tiled. I would like to have your written response to my conclusions. I also wish to meet with Gary Smith to discuss and conclude the matter of the area that can be served by the groundwater right serving the pressurized irrigation system at Los Alamitos Park and Salmon Rapids Subdivision. I request that your response be in writing. I thank you in advance for your time and indulgence. psi cerely, ~ ~' -,~/ ~ j>. ~ TI t a ~ (1~a18~fnit cc: Shari Stiles, Gary Smith, Will. Berg MG/kwh <gary5-03.doc> 1.1 r'I' /~ .J//!//.' F.Y, f'-.~j /:f in.r Y.i'.3=.Yj9/' August 26, 1995 Shari Stiles City of Meridian 33 East Idaho 83642 Meridian, Idaho 83642 Ms. Stiles: I would like to know when you will be able to send the list of house sizes in Salmon Rapids No. 1 and Los Alamitos No.l. This list was to be according to building permits issued by the City of Meridian. For the additional purpose of confirming the irrigable acres in Salmon Rapids, please separately indicate the sq. ft. of ground floor and upper levels for multiple level structures if possible. Please send this information as soon as possible. On another topic, thank you for your help freeing up the permi~~ting of new'r~ornes at Los Alamitos Park No. 1. Your effort helped shorten the delay caused by the lack of perimeter fencing and eliminated some of the frustration of the affected builders. The profit from one of the houses in this subdivision and part of the sale of the lot is to go toward Hillary's liver transplant: You have helped us to help her and we are all appreciative as I am sure that she will be. Sincerely, Marty G dsr~'th `~y~~'~ `~C~ MG/kwh < shri5-02. doc > li.ll~ /~ ~//O,lG .~niac, ~~n rf'.9>0.9 ~P08~ 338-9J08 .~:z•.• • August 26, 1995 Shari Stiles City of Meridian 33 East Idaho 83642 Meridian, Idaho 83642 Ms. Stiles: After nearly two frustrating months pursuing a Development agreement and an approved set of CC&R's, I have came to the conclusion that without the cooperation of all parties involved in this process it will be impossible to stop the circular motion of my own efforts. I have not been able to get the review comments from Wayne Crookston and getting an appointment with you is becoming an unusual event. The lack of an approved set of CC&R's has caused us injury as we have been unable to close lot sales in Los Alamitos Park at will. My intent is to inform you of a problem that more delay can only make worse and request that you arrange a meeting attended by you, Wayne Crookston,. Brian McColl and myself. Sincerely, M oldsmith cc: Wayne Crookston, Brian McColl MG/kwh < shri5-Ol.doc > y~SIO !Y. </ /2~G 9.1~Y-9~0~9 ~Cl.2. .Y.~~.~7.~0 ~~~~~ __ L ~ F-~- August 29, 1995 Shari Stiles City of Meridian 33 East Idaho 83642 Meridian, Idaho 83642 Ms. Stiles: Thank you for accepting my "Drop In" visit this afternoon. You were very helpful in ctarir'ying the issues of gaming approval ror Sa1mo.~i Rapid: iti1o. 3 Fsitu Los Al~tutos Park No. 3. I wish to revisit the issues that we discussed so that you could have an opportunity to correct any inaccuracies or misconceptions in my understanding. You told me that the issue of Los Alamitos Park No. 3 would be tabled at the September 5, City Council Meeting. The reasons for this follow: Wayne Crookston was not yet finished with his work with the CC&R's and the Development Agreement. The City of Meridian with the Meridian School District and Fire Department were in conflict with ACRD over the final design of Triple Plumb Dr. The City of Meridian, the Meridian School District and t}ae Fire department requires Triple Plum Dr: be stubbed fo the edge of the subdivision and had approved the previous plan to do so. 'That the more recent version of the plan satisfying ACHD's requirements was unacceptable. You said that ACHD's reason for wanting Triple Plumb Dr. to end in a culdesac was to prevent drivers from cutting through a subdivision while the City, School District and Fire Department wanted to make easier/safer access to the school site and that this needs resolution before final consideration of Los Alamitos Park. Something else that you pointed out was that.some of the homeowners in Salmon Rapids were planning on attending the September 5 meeting. They believed that- the fence that bordered their property along:Locust Grove Road was being built on their property and they are intent on voicing their dissatisfaction. I assured you that this was not so and that the fence contractor was to position the fer..re according to the lot pins fui each lut. i w.ul visit the site w verify the location of the finished fence in relationship to the property pins. . I am unclear on what you want the,Developerto do with this matter. We started with a land Survey by Roylance and "Associates who also positioned and set the property pins used as a guide by the fencing installer. I believe that. this suggests that any problem is a misconception on the part of the homeowners. Also; the fence is being moved from a line substantially East of the property lines as a result of another complaint from a property owner. This could make one presuppose that another move might irritate someone else ad infinitum. However; the supposed misconception is a problem for all and I would like .your comments as to how best to resolve it. - . Please fax your comments in time for rate to prepare for the September 5, City Council Meeting.. Thank you again for you time and help. Sincere v, ~ _ ~. Ken Henderson ~` < shri5-03.doc > Ii.JJO !~ J/2I-P. .~`niee, ~~,a~,n .93103 ~Y0r9~ .9.9~Y-908 .~aa:• ~20r9~ .9.99--3190 Roylance & Associo~P.A. Engineers • Surveyors • Hers 469 Emerald. SuRe D~2, Boise, kiaho 83706 Telephone (208j 336-7390, Fax (208j 336-739 To C17~ 4F M~~l~l~r/ GENTLEMEN: d~~4~ o~ ~~Qa~~a~~ad DATA /~I ` ~+ !/ JOD NO. / / i/L / ~ ~ ~~ ATT~NTI R~: ~ s ~raS ~t1o . 3 EC~~'~~ w a a va ssa.auuan~~ WE ARE SENDING YOU Attached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Plans D Samples ^ Specifications ^ Copy of letter ^ Change order O COPIES DATE NO. DESCRIPTION 2. ~ LC>~L./N~S O~ ~ ~ /•v~ o ~,e Gos .92A-m ire s Nom. ,3 THESE ARE TRANSMITTED as checked below: ~~or approval D Approved as submitted ^ For your use O Approved as rested ^ Resubmit copies for approval ^ Submit copies for distribution . ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review and comment ~ ~~ G~d/UGIC~ ~~~ti~ ~~ s~~/ • S~ /~'.s ^ FOR BIOS DUE 19 ^ PRINTS RETURNED AFTER LOAN, TO US t REMARKS t~11~F~ r~/~SSI/ie/Z~I' /.2~,/~4~76~ ~L/cSi'~'~'! . ~~2 p~.6 L!G ~-rJ0~2.KS ,~C~Q y~T COPY TO /' ~ ~~ Q SIGNED: JSn/Vf~ a ~ ~ ~ • Project No. 1614P3 Narrative Statement Los Alamitos Subdivision Los Alamitos Subdivision is a 59-lot single-family residential subdivision proposed for southeast Meridian. This site is located within Meridian's Area of City Impact and its Urban Services Planning Area, and is designated for low to medium density residential development by the current Meridian Comprehensive Plan. When considered in conjunction with adjacent property, the site shall be contiguous to Meridian City Limits, and the extension of municipal utilities to the site is feasible from the north. The topography of Los Alamitos is essentially level with a slight slope toward the northeast. The Nine Mile Irrigation Lateral transverses the site in this direction, and is located within a 60-foot right-of--way. Presently the property is zoned `RT' Rural Transition, and is in agricultural production. Development density of this project is 2.6 dwelling units per acre (du/a). The population supported by this development is estimated to be 255 persons. Public road access is provided along South Locust Grove Road, which is classified as a - local street by the year 2000 Functional Street Classification System -Urban Area. Computer modeling of traffic conditions along this street for the year 2015 estimates total use of 4,800 vehicle-trips-per-day. Traffic generated by this proposal is expected to be substantially self-contained within the development. Volume is estimated to be 750 vehicle-trips-per-day, which should not significantly impact the local transportation network. Internal circulation is provided from one point of access onto South Locust Grove Road. Channelized traffic medians shall be used at this intersection for safety purposes. Future access points are also provided to the north and east. Other than the extension of municipal utilities to serve this project, no public or community facilities are proposed. Annexation into the City of Meridian and a change of zoning to R-4 Low Density Residential District is requested. c: \wordtext\ 1614P3 \narrativ. 505 , 'J t~..., •A . ~ f ~~ - ••" ,;~ . r~ i{I(.~~ l~~•_ •' ~ f1~~W~F~1fLfLYMCk' ` N ~r~~ ` '~•~~LJ'/9YiWW ... .. .r•.,JY~tJIN.1.ir•. F• t~,•~j~lii~:~ltyfi1Y 15ii•aL `:•~••v I 4VARI~ANTY I~EI D t•'ot• Value Cccci~ed CLT.I~Fs~itD U. liA13i3IT1' E, i'E1tP:G 1.. 1i~llii±I'rT, t husband and wife, ;h+: grautprS . do hrreby grant. lrtrirnin, sell :unl cont•ri• unto 4 GfiR~; tl, [3Aff13I'I"1' & 1'f:EDrl F.. L. J3i:13i3ITT, acsband 71ui wife., tlr• gr:,nt•:.5 .the fo::mcinC. dcsr•ril,cti ;tremi:+ra, Ur•v:il: I j Cam, ,' _ , , ~ ~ ~. _, - .- rt.rr (SGL r:TTi,CIfI:D li:;iili3li et) j ! ,t i t~ f t .. ...1.1 • tri:'• •rft i:;... r~~:r a rt.l :. ti. r. ;., .•• ,t. .~'r!. ;,t.;.•.' .. •: r,..:r.•. :r. ....1 ~ri9..; ;. r~.. :L.': ail:, ..:: r'r:. is{. .. .. .., •... .. ~, ~~ j,: t~~/i frt.t.~:a .}. Ir• iii T~(-i' .. •/ /: 1, r r t 1 Liii~r. :'P'::':'i r,F' f,llri 11 •.t l( i!.~d !nr t•.r.•:•I at .I•:,TF: JF 1 -J I ir.r•.!,• .'irt• ~t :i..= .tc'rt:; .. e,: :v t ;/. •,..in:: c. ,:, t'i ir:bli^ in s.;.l ! •:.r! . .r . L..r _ .,:., •J;, r...r~.... ~. • CLTi~I'Gi:U U. .':',iia3.'i"i •~ .•, ~~:!`•'! • i'I•:f:'Y i. 13r11iliL•i"I~, ittl`:tt:ttrl .. ..r. .. .. ..,...I.l:::;:. .•,•I~..~);\~ ! t .J 1. L. I• ...t, nt •, rr•.' '.r \ is n...ur, b. rl.• r •..•.r hr ~ir•rn•gL .... .:r +~.. •. ,.. j • • •ni..,i:1 inntr•nn••n: nr,rl ac;:r•••. •:r•'•• I attL.t• riinvl In INn ' `1 ~•... :.r,••r.. 1;•.• ..L~r ~.:. ; j .i; ,~.:. .. Cnn~rn. I:R i'i n•:i ~ ~. ~ l -..r.~nu.•a t+•n " ` A • Thence continuing. Dint; the real point said: a°cti89.22'tE .a 25.0 feet to a steel pin,. Thence N• of b@ginni8g~22~ E. 217.8 feet to a point; Thence N. Dint; Thence North 200.3 fNe; 21788pfeat to n point;. Dint ofbeginning. Thence South 89' 22' Thence South 200.0 mo a or lesarnal P Containing l acre, i ~- ., of $aCtion I the Brost sid+~ •~hich Begimc:in8 at the SW 1/16 cerneEaat, Boiais Ateridio~n, ship 3 North, Rang the sa+sthn~aat corner 20, Toren 1116 cornet tiara 20 h 1327.9 feat from Dint; of acid Sec North 663.7 fe°~ "o n P inning; . 794.4 feat to Cho Reei1 point of Be8 thanes continuing Dint; thence N 89° 17~ E . thence N 89'17' E 1472.2 feet to a P Dint; thencs 3 4022'30" E 100.1 feet to ® Faint; '42'30" E 179.9 feet to a P t~nca S 72 Dint; Ehencs S 33'96'30" W 86.2 Poet to a Dint;. inning. thanes S 89~17i w 1544•9faetttcothepReal Faint of Be8 tae'nce N 29 46 W 232.9 The abaro° tract coataine .7.206 acrQa xeas and SUB3ECT.TO.a SO-foot permanent aaaaf thefgbovogdescribed egress along the entire Weat aide. ernanent oasement for property, and togethor witneae~tiYQ North side of the fo11oW- ingrdeacribedgtwo taactss . STATE OF xDAROt the west aide of Section Z, IN ADA COLiNTY, 1 16 earner ~ Boise ASeridian, Which .Beginning at the ~ /Range 1 East, ship 3 North, feet from the aout:hweat corner .20, Tom .1/16 corner is North 1327.9 ~ Dint; of acid Section, 20; Dint of beginning; Thence con=iauiag North 663.7 fast ta.a p Thence N. 89'17' E• 242.6 feet to the real p Thence N. S9' 17` E • , 552.1 feet to a point; 230.4 finet to a point; Thence S• 89.22' W,~ 666.55 feet to a point; Dint of beginning. Thence S. Thonco North 200.3 feet to the rem P The abon-e described txact contains 2.810 acres. ZI, IN ADA COtJNTY• STATE OF IDAHO: the West aide of Section 24+ .Beginning at the SW 1/16 corner ~ which l/16 3 North, Range 1 Eaat, Boise A'~corner~ of amid Township the SW . corner is North 1327.,9 feet froa- the 41eat aide °f Section 20; North .463.7 foot slang f ,......, • ~ r,-,~•~ / •• ~~/ 7 . . _!: ,~i r ~~ ~ r ... . LT14 24732 8658891 ' ~ ~o ~a gene Babbitt and Fzeda E. L: For Value ggoeived Gene A. Babbitt, also Babbitt, also known as Freda Babbitt, husband and wife do hereby convey. re]etttse. remise and forever gait clsiln unto Gene A. Babbitt and Freda E. L. Babbitt, husband and wife whose curronttddroesle 2570 Locust Grove Road ~Merid~an, ID 83642 . _' the following described Dremises+ town: A PORTION OF-THE NORTR.HALF OF BOISE-ME IDIAT'U MORE PARTICULARLY ~'~~ TOWNSHIY 3 NORTH, RANGE 1 EASE, DESCRIBED AS FOLLOWS: BEGINNING ~AT THEOSO~ ~S~E111gAST,~BOISE TMERZDIAN,SW]il~Fl/16 COR`'ER 20, TOWNSHIP,3 IS NORTH 1327.9 .FEET FROM THE SOLrIHWEST CORNER OF SAID SECTION 2 ; THENCE CONTINUING NORTH 663.7 FEET ALONG THE WEST SIDE OF SAID~E TRH YD b OF BEGINNING; THENCE TO A STEEL PIN, THENCE NORTH 89°17'.EAST 25.0 FEET. THENCE NORTH 89°17' EAST 217.8 FEET.TO A POINT; NORTH 200:0 FEET TO A POINT; THENCE WEST 217.8 FEET TO A POINT; THENCE SOUTH 200.0 FEET TO A REAL POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS OF WAY. together with their appu~' I J 3986 ` Dated: September 25, ~ ,%~ O ~- •.. ,,6 /~ -~~ " Freda E.L. B:.bbitt G:e~e A. Aabbitt STATE OF IDAHO. COU2ITY OF Ada temberl9 Sfi . Se Ada County, Idaho. ~ 1 p On this 25th day ot. helese ma. a nofat'y pablle Sn aad !os aaid State. a'iOOnat1Y AegUett o 1~,Nyers Sitle M. ~ a~"`G ne /~.,, Babbitt TIME . oATE~~-30-8~c ,. , Ft`~a~tE•L::gabbitt Z ~OHNBASs10A _ RECO~~~ „~' :~ ~ ~ ~,' , •~ weese names are lvgwer~to ma ~ l~thln Uuttbm~+ a:d °eknewledrd to ~ OeoutY ~~ w eubeer~!a tltie ` vaenfad taw aa+ne• ~ ~ ' ' ~ ~ Netary publle ~ ,• . 7s~ ~.~....: • ` ,Idaho ~ ~~ u, Boise • ~9S-`%/ Ceram. E~cplt+e W RS TITLE cF ID~' ' .~--- • WARRANTY DEED FOR VALUE RECEIVED ERIC C. SCHOFIELD and ALICE M. SCHOFIELD, husband and wife, the Grantors, do hereby grant, bargain, sell and convey unto GENF. A. BABBITT and FREDA E. L.. BABBITT, husband and wife, the Grantees, whose address is 2970 South Locust Grove Road, Meridian, Idaho • the following described premises, to-wit: This parcel is a~.portion of the Si/2tJ1/2SW1/4 of. Section 20, Township 3 North,. Ranqe 1 East" of the t3oise Meridian and~is more particularly•described as follows: COMMENCING. at the. southwest corner of said S1/2N1/2SW1/4; Thence` South 89°49'39" East along' the south boundary of •'said S1/2N1/2SW1/4 a distance of 1272.85 feet; Thence North 41°53'08" West a distance of 253.20 feet; Thencs tlorth 40°44'08" West a distance of 140.40 feAt; Thence North 7.9°00'08" west a distance of 173: .R0 fer_t; Thence South 89,°57'08" East parallel with the north boun~i.+ry of said S1/2iJ1/2SW1/4 a distance of 114.38 feet to the TKt?t: 1'l:+I pIT pI•'. BEGItJN21JG; Thence continuing South 89°57'03" East parall.cJ.'.with ::aid north boundary a distance of 1430.52 feet; Thence South 34°42'22" West tt distance of I~.Oq i•yet; Thence South 39°11'22" West a distance of. ¢f.41 f'ect; Thence north A9 ° 57' U8" Walt parallel with :::+ i!i rtCirt•.:: 1>~+l::d•+r'i . '' distance of 1409.28 feet; Thence North 29°00'(18" West a distance of t8.%`, fact. to the 1'1?Ut POItJT OF BEGI1JtJItJC. This parcel contains 0..5:4 acres, :more. ~~r ]c•~.,. TO HAVE 'AND TO HOLD the said premise, w~th tacir. arpurt~nincf~~ unto the said Grantees, their heirs and assigns torevcr. i,nd the said Grantors do hereby covenant to and with the said Gr.tntr_•es, that they arc the owners in fee simple of said premise:;; that: ;aicJ premises are free from all encumbrances .+nd that they will. w:+rr.+nr and defend .the same from all lawful claim, .+hr+t::oevor. Uhrf:U:'''~ ~`~ day o: December,. 1<t~%. _ ~ .' .' • is ~, ~ ; ~ ~- r ERIC' C. SCIIOYLF.LD '.___...-._-. ..J_._~ii(fi:':'t:a., • f~ac, J ( tJ •-- ALICE+M. SCtiOFIELU Count Gf 1dA State of Idaho Y h t .atr: of :da::c. !'•'.u::•7 ,: Jo'.d ~'' ; ,.;,,y. 'r., •_i.• !:n• ~hiu ' • ~` On Chia •~{,,:~lt say of i(lar~,.=`~ before me, a notary Public in and 'o: ; , .•• , •cr•.rrl it '.F:~r in~tr..r..r•ne •:a:: `.:e~: :r,r said State, personally appeared ERIC .•=~,~'~3' %~~ C. SCHOFIELO and f.LICE Y.. SCFtOF:E:.~ •,,k r.::':r'" ~ '' '~ "' •~" ' ' known to me to be the persons •~•houe ~ • ' ` `"' names are subscribed !o the •rithir. • •=n % ' ~ instrument, and acknowledged to m•r ~• . +r~ ' ' ; • „!:~ ~, F„~,~„ iS°~~ thaG•Ic cured t .P eam~ //~1 Ho ary Public ,~ ~ G /' Idaho at f'+;~5~, ~lnq~.:~'~~ Reaidir F:x ut ! +r+•~ 1••^'' : •~ l t~ Cemmisaion„/F~tplres //•~~ ~y _ .»_. [+y _,_-.,......__. •Cr•,r~ ~ ~! ~ _ .~ ~ ~ r. /' • t. • Roylance & Associates P.A, • Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Bofse, Idaho 83706 Telephone (208j 336-7390 Fax (208j 336-7391 Apri124, 1995 Project No. 1614P3 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 23.81 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°-44'-49" West a distance of 247.50 feet to a point, said point being the POINT OF BEGINNING. Thence leaving said westerly line North 89°-57'-31" East a distance of 264.15 feet to a set steel pin, Thence North 00°-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 1321.93 feet to a set steel pin, Thence leaving said northerly line South 00°-OS'-00" East a distance of 163.44 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 15.38 feet to a set steel pin, Thence South O1°-16'-00" West a distance of 131.60 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 16.25 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 163.53 feet to a set steel pin, Thence South 89°-55'-00" West a distance of 46.28 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 136.11 feet to a set steel pin, Thence South 89°-37'-00" West a distance of 8.52 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 124.60 feet to a set steel pin, Thence North 89°-12'-00" East a distance of 5.15 feet to a set steel pin, Thence South 00°-04'-00" East a distance of 167.59 feet to a set steel pin, Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of 479.98 feet to a found steel pin, c:\wordtext\1614P3Vega11.504 Legal Description • Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 23.81 Acre Tract Apri124, 1995 Page Two Thence North 29°-O1'-26" West (formerly North 29°-46' West) a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, Thence along said southerly line North 89°-58'-11" West (formerly North 89°-49'-39" West) a distance of 666.26 feet to a set steel pin, Thence leaving said southerly line North 00°-44'-49" East (formerly North) a distance of 200.00 feet to a set steel pin, Thence North 89°-15'-11" West a distance of 242.78 feet to a point on the westerly line of said Section 20, Thence along said westerly line North 00°-44'-49" East a distance of 213.13 feet to the POINT OF BEGINNING. The above described tract of land contains 23.81 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 FAX (208) 336-7391 1.A1Vp O4~T8OF1~~ ~'~ G!~ H. RO`I~'~~ os ~t2,~~ c:\wordtext\1614P3Uega11.304 --_--==~ hlAPGHEC:k: ---.---•- ~hlc~nd~iy April :?~F, i99`..~ • ~ r ~^ F'hl FRC]M BEARING D I STANCE -f~C) NURTH I NG EAS'T I NG __.._ _____ STARTIN G F~[] I NT : i i t'rc`rpCr . t_ii r~ r i c:rt~rCrt:r , i rnt_r ____ i N 89-•~7-.•?i E 2b4. i`~t:r ~ it_it_rt?c7. 1.91 1t~r264. i tr 2 N t_r--42-~4'.~' E ?q•7.6~Fir ". 1.Cr'47.812 it:r2b7.22b .. IV 89-~5-•41 E i:~;^i .9'.t? 4 iir^~E9.1E7'.~ i1S89. i`5~ 4 S t"r•-t,r4--cart=~ F iEr~3.4q•t:r C; it=ri?86.t~r:'. ii~~89. 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Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 Apri124, 1995 Project No. 1614P3 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 22.20 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°-44'-49" West a distance of 247.50 feet to a point, thence leaving said westerly tine North 89°-57'-31" East a, distance of 264.15 feet to a set steel pin, thence North 00°-42'-42" East a distance of 247.64 feet (formerly North a distance of 247.50 feet) to a set steel pin on the northerly line of said Southwest 1/4, thence along said northerly line North 89°-55'-41" East a distance of 1321.93 feet to a set steel pin, said steel pin being the POINT OF BEGINNING. Thence continuing along said northerly line North 89°-55'-41" East a distance of 1078.51 feet to a found brass cap monumenting the northeast corner of the Southwest 1/4 of said Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4 South 00°-23'-51" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89°-59'-46" West a distance of 54.93 feet to a found steel pin, Thence South 40°-23'-15" West a distance of 174.00 feet (formerly South 39°-36' West a distance of 174.02 feet) to a found steel pin, Thence South 34°-42'-04" West (formerly South 33°-56'-30" West) a distance of 86.20 feet to a found steel pin, Thence South 31°-18'-28" West a distance of 10.66 feet (formerly South 34°-42'-22" West a distance of 12.00 feet) to a found steel pin, Thence South 39°-04'-17" West a distance of 9.45 feet (formerly South 39°-11'-22" West a distance of 8.41 feet) to a found steel pin, Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of 928.87 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 167.59 feet to a set steel pin, c:\wordlext\1614P31ega12.504 Legal Description ~ • Marty Goldsmith/Los Alamitos Park Subdivision/Annexation 22.20 Acre Tract April 24, 1995 Page Two Thence South 89°-12'-00" West a distance of 5.15 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 124.60 feet to a set steel pin, Thence North 89°-37'-00" East a distance of 8.52 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 136.11 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 46.28 feet to a set steel pin, Thence North 00°-04'-00" West a distance of 163.53 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 16.25 feet to a set steel pin, Thence North O1°-16'-00" East a distance of 131.60 feet to a set steel pin, Thence North 89°-55'-00" East a distance of 15.38 feet to a set steel pin, Thence North 00°-OS'-00" West a distance of 163.44 feet to the POINT OF BEGINNING. The above described tract of land contains 22.20 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax o:\wordtext\1614P31ega12.304 ~$112.~ qs ---=;-_ MA1='C:F-IECk:: _.~.__~__. ~Ic~nci~cy Flr)r-x.l ^~4q i99~ .~,.k5 F'M J---------- --••-------- --•------.._..__ ~_ __--.________..._...._ _.._.._......__._._...._ ___._..____._.___ ._.__--.___ F F;UM EiEAf; T Nt~ T? T ~aT'ANCE _ -fU N[71=.1-H I NCa ._..____._..._________ EApT I Nt3 STF1fiT'TNC; F'C~IN"f c ___ _____~__- .._..~c')C;)c,)c_)~c~yc~)~).. ____.._1.c_)i)iu_),c~)c~yc-)~_____.___ i N p9--~;y--•~i E 1c~)7't3. 51c_) ;? .iC)c_)c~)i . "~;;.~~L i.ic:)7~3. ~ic~)q 1 W bb9.:'!t') ~: 9;°~:;;~.c')t_i c_) iic:)7~,.pb5 ~`~ N p9--~9-•-4b W ti~l•.9_'c~) tl. ~,~:~;=~?.c>c?~1• .1ic~).ip.'~~~~ '~ U 4ci-•^.,>>-i ~ W i'7~1. i_u')c~) ~i 9.19~i' . ~F?~ 1. c79i )b . 19i S :~;4-~I•:'--c')~. 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F:3 9p~b.5~9 9r~F3~l•.E374 .18 N E39-~i~-c~)ii E .i.~~.:•pi) .19 9©:':b.55^ iCyc?t~)t=).?~4 i9 lu c,y--Cy~',_c')c_) W ib;•.q•~•C) 'ii 9999.991 .ic_)i)c')i).C~ib Lat-C15 T NCi 1='Cl T Nl° : ;?c~) .1. c~)c:ic_)cl „ c_)c_)i) i c?c~)c~)c~ , (~)i~)i~) N b.i.--•4=~;--i=; W c_).C)ip CLC:I;~TNt_, LINE ~:;99c~) „ tl..~.c") L7 T U-f(-ONCE TFiAVEFiSEt? .~i9'J'9p.bE3c.y F'I~ECISTt:I N A1=tEA : 9b7c~)~i . ~ =; Sc~i,care Feet ~:'.~. . ~'c')c_)r) Ac r-e LOS ACAMITOS _ PNASES 3 ~ y ~ ~ R° y ~~ ~~,~ ~~~r~+'~ fIOF Y~~~ay os~ta~9~ ~_ Roylance & Associa~~es P.A. • Engineers • Surveyors • t.andplanners 4619 Emerald, Suite D•2, Bolse, Idaho 83706. Telephone (208j 336.7390 Fax (208) 336.7391 MARCH 31, 1994 PROJECT NO. 1448 LOS ALAMITOS SUBDIVISION SURVEY BOUNDARY REPORT Los Alamitos Subdivision is located in a portion of the north 1/2 of the Southwest 1/4 Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, The boundary has been established based upon the legal descriptions contained in the title report, as prepared by Pioneer Title Company, file number P 124400 and as determined by a field survey and found corners. The boundary is in conflict with the property identified in Warranty Deed instrument number 8740139, said property is owned by Grover and Allene Foster of 2360 S. Locust Grove Road. The conflict is an overlap of approximately 0.70 feet at the most northerly west corner to approximately 1.51 feet at a point 304 feet easterly of said northwest corner. Recommendation is to request the title company to research for senior rights to resolve the conflict, or use the existing fence line near and along said northerly line as the boundary and develop a boundary (fence line) agreement. The most northerly west line as shown as North 00°-42'-42" East a distance of 247.64 feet on the record of survey is encumbered by a fence line running northerly and approximately 15 feet easterly of said west line. The boundary as stated above was developed by reviewing subject properties record descriptions, analyzing adjoining descriptions, considering found monuments and. implementing standard surveying procedures and care. Should you have any questions regarding this Survey Boundary Report, please feel free to contact Phillip Engle. c:\wordtextlrep°~ix~pn 1448.d°c •. • Roylance & Associates P.A. Engineers • Surveyors • l.andplanners 4619 Emerald. Suite D-2, Boise, Idaho 83706 Telephone (208) 336.7390 Fax (208) 336-7391 April 8, 1994 Project No. 1448 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision 46.01 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the Southwest Corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°-44'-49" East, (formerly North), a distance of 2654.68 feet to a found 1" square bar monumenting the Northwest Corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line, South 00°-44'-49" West a distance of 247.50 feet to the POINT OF BEGINNING. Thence leaving said westerly line North. 89°-57'-31" East, (formerly East a distance of 264.00 feet), a distance of 264.15 feet to a set steel pin, Thence North 00°-42'-42" East, (formerly North a distance of 247.50), a distance of 247.64 feet to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 2400.44 feet to a found brass cap monumenting the Northeast Corner of said Southwest 1/4 of Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4, South 00°-23'-51" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89°-59'-46" West a distance of 54.93 feet to a found steel pin, Thence South 40°-23'-15" West a distance of 174.00 feet, (formerly South 39°-36' West a distance of 174.02 feet), to a found steel pin, Thence South 34°-42'-04" West (formerly South 33°-56'-30" West), a distance of 86.20 feet to a set steel pin, Thence South 31°-18'-28" West a distance of 10.67 feet, (formerly South 34°-42'-22" West a distance of 12.00 feet), to a set steel pin, Thence South 39°-04'-17" West a distance of 9.45 feet, (formerly South 39°-11'-22" West a distance of 8.41 feet), to a set steel pin, Thence North 89°-56'-41" West, (formerly North 89°-57'-08" West), a distance of 1408.85 feet to a found steel pin, Thence North 29°-O1'-26" West, (formerly North 29°-46' West), a distance of 252.05 feet to a set steel pin on the southerly line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 20, . • . • Page 2 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision 46.01 Acre Tract Thence along said southerly line North 89°-58'-11" West, (formerly North 89°-49'-39" West), a distance of 665.26 feet to a set steel pin, Thence leaving said southerly line North 00°-44'-49" East, (formerly North), a distance of 200.00 feet to a set steel pin, Thence North 89° 15'-11" West, (formerly West), a distance of 242.78 feet to a point on said westerly line of Section 20, Thence along said westerly line North 00°-44'-49" East, a distance of 213.13 feet to the POINT OF BEGINNING. The above described tract of land contains 46.01 acres more or less, subject to all existing easements and rights-of--way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax c:\wordtextUegals\14481g1.doc \` ' • ~\ • i 1i I~ __ ~ ~~.. ~ , W 1 r'r W~ ~ n ~, p ~~ , ~ f ,, ~ ' 1'r \/\\/ ~ y~ /) / " f ~ w . h I N ~ ~ ~F N ~F _ ;^_ n w ,~ ri ,rr .... .....u..... ~ ,, ,, rr ... ., 1 ~ ,~ .. u i •• -- YI / -Y1• Y ~ - ~ ~ ~ , 1 h+ ,~,,., y ~ • K ,~ 1 V 'w I • / . V ~ 1 •, ~ ~ .~ W ~ N r• ^, ~, N / u / ~1 w ••// ~ • r•' yr ~, ' u~ ..-~ ~~ rrArr`r rr r) / .~ ... (fir ,~+ ~~ ~ r~ ~,~ ~ •_~~~ ~ ~ ~ ~. ~ , M~ ~; ~ ~ .... I' , ~~i1 ~ ~,~.~.~ ~ ,~,» ~+'~.~~~i u~.~ „~~i ~At1 A.w ~- .. .... ~ ..lay ~ ~ uM _ ~ .~... «..... _ ~ ~ _ ~`~.,, k,~ } e . ...~:.. ~ ,w« .,......... ;,. 1 .,,,,,,,, .. 1 ~ rl .., rl ~nV ~'t JHV~dyA~~lll~ 'S ~ ~ ~~ ~ a _ . .. .w «~ ~ +.aw. NN.w. N .. .. N ~. / ~1 N , ~) ((~+ a ~~ ~~~ ,~~n mil. r....,..... i ~ ~ ~ W ~ ~ a ~ ~~~ 11 ~~~, r ~ 11 / N ~ ~ r) ~ r ~~~. M ~~ ~ ~.,. nt ,~-,. Q ~. '~"~' 1, ~ h d -._... }~, . . i_ r_ os/ ~SG %7/ I'L ,i Q ~ / J'n~ ~~ 11 1- I ,~ .\ ~'. ~~. • ~~ ~ , /I ~ i i i\ ~%~~' i~ ~ ~, \_ \ `~~ i ' _~ ~; f~-~ ~ ~ N~ T~ „~ ~ s _ /;'/~ /~n li ~ ice- ~~/~~'^/ `j L - v' /,'~/~ ~ ~ ~~ ~~, _~ f /, • • 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 August 15, 1995, for the purpose of reviewing and considering the Application of Farwest Developers, for annexation and zoning of approximately 22.2 acres of land located in the N 1/2, SW 1/4, Section 20, T3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of Overland Road and East of Locust Grove Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 59 single family dwelling lots for Los Alamitos No. 3 A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hali, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any end all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of July, 1995. ~~~~~ WILLIAM G. BERG, JR. I CLERK • NOTICE OF HEARING C~ 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 p.m., on June 13, 1995, for the purpose of reviewing and considering the Application of Farwest Developers, for annexation and zoning of approximately 22.2 acres of land located in the N 1/2, SW 1 /4, Section 20, T3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of Overland Road and East of Locust Grove Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 59 single family dwelling lots for Los Alamitos No. 3 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 22nd day of May, 1995. WILLIAM G. BERG, JR., CLERK R a ~ y w q .;r 1 I' / ~~ ~~ V ~ / /'t (` 1{ l w „ I, .I N I `...~ N : ( ~ ,V M •`~ I ~ l~ A~~~ '1/ 1• r .... ~ ~, A`~ N , n •\ -,' ~ / _.._.. l~ -_ ,~ • ... I /~ , N .~ ~ I ^w...... y I.• /, / a• ~~ .~.. .....w ~ 111 u ,rte ~ 1 I r~ M MN ~ ./ ~..._ ~~ r ~ / "~ IS ` .., ~ _ 11 .~ ., 11 Mn a ..-.. f~ 1 !•~~'/ Y is r ,~ ~ ~• M . ~~ ( ~~ w ~ rl 111 /1 r~ / ~~ J M u ~'" 1~ r -'' 11 ~ / - _.. r ~ , . ,.. / Y ~ ~..~ ~ / 'J a /+ 1 .. w / u • N ( V 1 • Il y ~. M. ~ ~ A ............ ..~ .._.......~~. Y .. ~.~... r~ ...~ _... __ ^--- .. ~ ~ 1 • ` .. ._. 4 'l M d •• ., • ~~ ~ 1 1 11 ~~ / i{ ..~ ~ . _~.. ~... ~~ 1( M ( , ~ y 1 ,i ~ / H .~ 1. f~,~'" ~ ~ ° ~ ~ 1. . ( ,5 / ~. ,. N ~\\+~ \ . ~ :~ ~l. ~/. 1 ~, ( ~ ~ ~ ~ ~a ...I' ~ Y ,, i ,c , ,~,. • PFMDOI 95 M A S T E R U P D A T E Parcel S1120234100 Code Area 242 Type Qty Name GLENN ROBERT R AND 010 11.300 WILLIAMS VAL G & CHARLOTTE 100 .500 Buyer 310 C/O Address 2604 N COLE RD BOISE ID 83704 - 0000 Last Change 95/02/07 By ASR2_ALLEN Total Legal PAR #4100 OF S2NW4 SEC 20 3N lE #95004320 03N01E204100 3N 1E 20 • 5/12/95 11:28:00 Value ACTIVE 8997 10000 Bank Code 34700 Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 53697 Exemption Hardship 0 Property Zoning RT Flag Address 02390 N LOCUST GROVE RD KUNA ID 83634-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E Parcel S1120223100 Code Area 03 Type Qty Name VOIGT GARY L AND GROVES R 010 91.070 CRAIG AND GROVES REBECCA LYNN 100 .500 Buyer 101 .500 C/O 190 2.930 Address 1908 E JENNIE LEE DR 310 311 IDAHO FALLS ID 320 83404 - 0000 Last Change 95/04/17 By ASR_DIXIE Total Legal PAR #3100 OF NW4 SEC 20 3N lE #95001138 #95001137 03NO1E203100 3N lE 20 5/12/95 11:28:28 Value ACTIVE 70555 10000 Bank Code 10000 Lien Code Prepaid 95200 L.I.D. 25900 Bankrupt 56100 Sub.Code Anexation A From: 03 Entity COM 267755 Exemption Hardship 0 Property Zoning RT Flag Address 01965 E OVERLAND RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters' F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • • PFMD01 95 M A S T E R U P D A T E 5/12/95 11:28:50 Parcel 51120131300 Code Area 242 Type Qty Value ACTIVE Name COULTER KENNETH D & CONNIE 010 19.370 15422 190 .630 Bank Code Buyer Lien Code C/O Prepaid Address P O BOX 231 L.I.D. Bankrupt MC CALL ID Sub.Code 83638 - 0000 Anexation From: Last Change 93/05/04 By ASR2_ALLEN Entity Total 15422 Legal W2SW4NE4 SEC 20 3N 1E Exemption #9326721 03N01E201300 3N 1E 20 * Hardship 0 Property Zoning RT Flag Address 00000 ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E 5/12/95 11:29:06 Parcel S1120325425 Code Area 242 Type Qty Value ACTIVE Name WILLIAMSON JOHN F & DIANA L 120 1.330 12000 340 125800 Bank Code Buyer Lien Code C/O Prepaid Address 3424 BRYSON L.I.D. Bankrupt BOISE ID Sub.Code 83704 - 0000 Anexation From: Last Change 90/11/29 By ASR_WEITZL Entity Total 137800 Legal PAR #5425 OF NW4SW4 SEC 20 3N 1E Exemption #8711958 03N01E205425 3N 1E 20 Hardship 0 Property Zoning RT Flag Address 02440 S LOCUST GROVE ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters FIO=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • PFMD01 95 M A S T E R Parcel 51120325435 Code Area 03 Name GOLDSMITH MARTY U P D A T E Type Qty O10 2.154 Buyer C/O Address 4550 W STATE ST BOISE ID 83703 - 0000 Last Change 95/04/17 By ASR DIXIE Total Legal PAR #5435 OF NW4SW4 SEC 20 3N lE #325510 S #94098077 03N01E205435 3N 1E 20 5/12/95 11:29:35 Value ACTIVE 1449 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation A From: 03 Entity COM 1449 Exemption Hardship 0 Property Zoning R-4 Address 00000 N LOCUST GROVE RD KUNA ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR PFMD01 95 M A S T E R U P D A T E Parcel S1120325455 Code Area 03 Type Qty Name BABBITT GENE A & FREDA E L 010 27.630 Buyer C/O Address 2570 S LOCUST GROVE MERIDIAN ID 83642 - 0000 Last Change 95/04/17 By ASR_DIXIE Total Legal PAR #5455 OF N2SW4 SEC 20 3N 1E #325510 B 03N01E205455 3N lE 20 Flag D.D. CR 5/12/95 11:29:55 Value INACTIVE 21999 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code * Anexation From: Entity 21999 Exemption Hardship 0 Property Zoning R-4 Address 00000 N LOCUST GROVE RD KUNA ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters ~F10=Tax Flag D.D. ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • PFMDOl 95 M A S T E R Parcel S1120325515 Code Area 03 Name FARWEST DEVELOPERS INC Buyer C/O Address 4550 W STATE ST BOISE U P D A T E Type Qty 150 8.196 ID 83703 - 0000 Last Change 95/04/17 By ASR_DIXIE Total Legal PAR #5515 OF NW4SW4 SEC 20 3N lE #325510 S #94098077 94103803 03N01E205515 3N lE 20 5/12/95 11:30:26 Value ACTIVE 163900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation A From: 03 Entity COM 163900 Exemption Hardship 0 Property Zoning R-4 Address 00000 N LOCUST GROVE RD MERIDIAN ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR PFMDOl 95 M A S T E R U P D A T E Parcel S1120427910 Code Area 242 Type Qty Name MARTIN SALLY D 010 70.070 100 .500 Buyer 190 7.250 C/O 310 Address 2680 E VICTORY 320 990 MERIDIAN ID 83642 - 0000 Last Change 92/04/08 By ASR_DONNA Total Legal PAR #7910 OF W2SE4 SEC 20 3N 1E #427900-B 03N01E207910 3N 1E 20 Flag D.D. CR 5/12/95 11:30:56 Value ACTIVE 45198 8000 Bank Code Lien Code 43000 Prepaid 3900 L.I.D. 21500- Bankrupt Sub.Code Anexation From: Entity 78598 Exemption Hardship 0 Property Zoning RT Flag Address 02680 E VICTORY RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR 1 . • PFMDOl 95 M A S T E R U P D A T E 5/12/95 11:31:14 Parcel S1120325550 Code Area 242 Type Qty Value ACTIVE Name BABBITT GENE A & FREDA E L 120 1.000 12500 340 87100 Bank Code Buyer 341 4100 Lien Code C/O 990 43550- Prepaid Address 2570 S LOCUST GROVE L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last Change 86/10/22 By ASR_MAP Entity Total 60150 Legal PAR #5550 OF NW4SW4 SEC 20 3N 1E Exemption #325500-S #8658891 03NO1E205550 3N lE 20 Hardship 0 Property Zoning RT Flag Address 02570 S LOCUST GROVE RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E 5/12/95 11:31:33 Parcel S1120325725 Code Area 242 Type Qty Value ACTIVE Name BARKER STEPHEN W & JEANNETTE J 120 1.330 12000 340 83900 Bank Code PN Buyer 990 41950- Lien Code C/O Prepaid Address 2640 S LOCUST GROVE RD L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last Change 93/01/04 By ASR_DONNA Entity Total 53950 Legal PAR #5725 OF NW4SW4 SEC 20 3N lE Exemption #9214893 03N01E205725 3N 1E 20 Hardship 0 Property Zoning RT Flag Address 02640 S LOCUST GROVE RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • ~ • PFMDOI 95 M A S T E R U P D A T E 5/12/95 11:32:18 Parcel S1120325650 Code Area 242 Type Qty Value ACTIVE Name AGUIRRE LYDIA R 120 2.360 21200 340 84700 Bank Code Buyer 990 42350- Lien Code C/O Prepaid Address 2620 S LOCUST GROVE RD L.I.D. Bankrupt MERIDIAN ID Sub.Code :83642 - 0000 Anexation From: Last Change 93/08/26 By ASR2_ALLEN Entity Total 63550 Legal PAR #5650 OF NW4SW4 SEC 20 3N 1E Exemption #9364284 03NO1E205650 3N 1E 20 Hardship 0 Property Zoning RT Flag Address 02620 S LOCUST GROVE RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E 5/12/95 11:32:44 Parcel S1120325612 Code Area 242 Type Qty Value ACTIVE Name BABBITT GENE A & FREDA E L 010 .300 239 Bank Code Buyer Lien Code C/O Prepaid Address 2570 S LOCUST GROVE L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last Change 93/03/16 By ASR_LAZEN Entity Total 239 Legal PAR #5612 OF NW4SW4 SEC 20-3N-1E Exemption #5610-B 03NO1E205612 3N lE 20 Hardship 0 Property Zoning RT Flag Address 00000 LOCUST GROVE ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • PFMD01 95 M A S T E R U P D A T E Parcel S1120325620 Code Area 242 Type Qty Name BABBITT GENE A & FREDA E L 010 1.700 Buyer C/O Address 2570 S LOCUST GROVE MERIDIAN ID 83642 - 0000 Last Change 93/03/16 By ASR_LAZEN Total Legal PAR #5620 OF NW4SW4 SEC 20-3N-1E #5610-B #9291259 03N01E205620 3N lE 20 5/12/95 11:32:52 Value ACTIVE 1354 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 1354 Exemption Hardship 0 Property Zoning RT Address 00000 LOCUST GROVE ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR PFMD01 95 M A S T E R U P D A T E Parcel S1120314800 Code Area 242 Type Qty Name BABBITT GENE A & FREDA E 010 .640 Buyer e/o Address 2570 S LOCUST GROVE MERIDIAN ID 83642 - 0000 Last Change 91/01/17 By ASR_TADDIC Total Legal PAR #4800 OF NE4SW4 SEC 20 3N lE 03N01E204800 3N lE 20 Flag D.D. CR 5/12/95 11:34:58 Value ACTIVE 510 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code * Anexation From: Entity 510 Exemption Hardship 0 Property Zoning RT Address 00000 LOCUST GROVE ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Flag D.D. ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR LJ PFMDOI 95 M A S T E R U P D A T E Parcel S1120325750 Code Area 242 Type Qty Name BABBITT CLIFFORD D 010 5.500 100 .500 Buyer C/O Address 11881 W. AMITY BOISE ID 83709 - .0000 Last Change 91/12/10 By ASR BROWN Total Legal PARCEL #5750 OF NW4SW4 SEC 20 3N lE 03N01E205750 3N 1E 20 • 5/12/95 12:29:16 Value ACTIVE 4379 10000 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 14379 Exemption Hardship 0 Property Zoning RT Address 02720 S LOCUST GROVE ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR PFMD01 95 M A S T E R U P D A T E Parcel 51120325672 Code Area 242 Type Qty Name STOPPELLO FRANK W & VICKIE M 010 12.830 Buyer C/O Address 782 ARLINGTON DR EAGLE ID 83616 - 0000 Last Change 93/08/26 By ASR2_ALLEN Total Legal PAR #5672 OF N2SW4 SEC 20 3N 1E #325670-B #325610-5 #9362028 03N01E205672 3N 1E 20 Flag D.D. CR 5/12/95 12:29:38 Value ACTIVE 10215 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code * Anexation From: Entity 10215 Exemption Hardship 0 Property Zoning RT Address 00000 S LOCUST GROVE ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR Flag D.D. CR • PFMDOl 95 M A S T E R U P D A T E Parcel S1120315100 Code Area 242 Type Qty Name MARTIN SALLY D 010 4.600 Buyer C/O Address 2680 E VICTORY MERIDIAN ID 83642 - 0000 Last Change 94/04/07 By ASR LAZEN Total Legal PAR #5100 OF NE4SW4 PAR#3 SEC 20 3N 1E R/S#2295 #438400-5 #3P-7738 03NO1E205100 3N 1E 20 • 5/12/95 12:31:02 Value ACTIVE 3662 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 3662 Exemption Hardship 0 Property Zoning RT Flag Address 02680 E VICTORY RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ) 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMDOl Parcel Name Buyer C/0 Address 95 51120325775 SHIPLEY JOHN GLENDA SUE 2770 S LOCUS' M A S T E R U P D A T E Code Area 242 Type Qty STANLEY & 010 4.690 100 .500 310 320 P GROVE 990 5/12/95 12:31:26 Value ACTIVE 3734 10000 Bank Code 60600 Lien Code 3300 Prepaid 30300- L.I.D. Bankrupt Sub.Code Anexation From: Entity 47334 MERIDIAN ID 83642 - 0000 Last Change 91/01/17 By ASR_TADDIC Total Legal PAR #5775 OF NW4SW4 SEC 20 3N lE 03NO1E205775 -3N 1E 20 Exemption Hardship 0 Property Zoning RT Flag Address 02770 S LOCUST GROVE RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP J VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • _• • • PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER Parcel R7696650I00 Code Area 03 Type Qty Value Name FIELD BRUCE & MARCI .206 5/12/95 ACTIVE Buyer Bank Code C/O Lien Code Address 4550 W STATE ST Prepaid L.I.D. BOISE ID Bankrupt 83703 - 0000 Sub.Code Anexation Last Change 95/05/03 By ASR2_MOUSE From: Total Entity Legal LOT 09 BLK 02 SALMON RAPIDS SUB #1 Exemption #95004883 031250020090 3N 1E 19 Hardship Property Zoning R-4 Flag Address 02459 S RUBY RAPIDS PL MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP J VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED J PRT OFF J CR ~ CR PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER Parcel 87696650200 Code Area 03 Type Qty Value Name DCB CONSTRUCTION INC .223 5/12/95 ACTIVE Buyer Bank Code C/O Lien Code Address 4550 W STATE ST Prepaid L.I.D. BOISE ID Bankrupt 83703 - 0000 Sub.Code Anexation Last Change 95/05/03 By ASR2_MOUSE From: Total Entity Legal LOT 19 BLK 02 SALMON RAPIDS SUB #1 Exemption #95004883 031250020190 3N 1E 19 Hardship Property Zoning R-4 Flag Address 02431 S CHINA RAPIDS PL MERIDIAN ID 83634-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP J VT-100 J FDX ~ 9600 N82 J LOG CLOSED ~ PRT OFF J CR ~ CR • • PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER 5/12/95 Parcel 87696650220 Code Area 03 Type Qty Value ACTIVE Name LEA RONALD R & 3219.000 JENSEN- JEANNE M Buyer Bank Code C/O Lien Code Address 1411 E WOODVINE CT Prepaid L.I.D. BOISE ID Bankrupt 83706 - 0000 Sub.Code Anexation Last Change 95/04/19 By ASR2_ALLEN From: Total Entity Legal LOT 21 BLK 02 SALMON RAPIDS SUB #1 Exemption #95015939 #95004883 031250020210 3N 1E 19 Hardship Property Zoning. R-4 Flag Address 01234 E TIME ZONE DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ( 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER 5/12/95 Parcel 87696650240 Code Area 03 Type Qty Value ACTIVE Name PATTERSON KENT L & LYNETTE K .389 Buyer Bank Code C/O Lien Code Address 3821 BUNTER WAY Prepaid L.I.D. BOISE ID Bankrupt * 83709 - 0000 Sub.Code Anexation Last Change 95/04/19 By ASR2_ALLEN From: Total Entity Legal LOT 23 BLK 02 SALMON RAPIDS SUB #1 Exemption #95011780 #95004883 031250020230 3N lE 19 Hardship Property Zoning R-4 Flag Address 01205 E TIME ZONE DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR I ~ • • PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER 5/12/95 Parcel 87696650330 .Code Area 03 Type Qty Value ACTIVE Name .WHITE ELMER F & GENEVIEVE L .321 Buyer Bank Code C/O Lien Code Address 565 S JACKSON ST Prepaid L.I.D. BOISE ID Bankrupt 83705 - 0000 Sub.Code Anexation Last Change 95/04/19 By ASR2_ALLEN From: Total Entity Legal LOT 04 BLK 03 SALMON RAPIDS SUB #1 Exemption #95016096 #95004883 031250030040 3N lE 19 Hardship Property Zoning R-4 Flag Address 02523 S WEBER RAPIDS PL MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOS ED ~ PRT OFF ~ CR ~ CR PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER 5/12/95 Parcel 87696650400 Code Area 03 Type Qty Value ACTIVE Name GLENDOREN INC .315 Buyer Bank Code C/O Lien Code Address 4550 W STATE ST Prepaid L.I.D. BOISE ID Bankrupt 83703 - 0000 Sub.Code Anexation Last Change 95/05/03 By ASR2_MOUSE From: Total Entity Legal LOT 11 BLK 03 SALMON RAPIDS SUB #1 Exemption #95004883 031250030110 3N 1E 19 Hardship Property Zoning R-4 Flag Address 02681 S WEBER RAPIDS PL MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR •. _, PFMD01 95 M A S T E R U P D A T E 5/ 12/95 11:27:33 Parcel 51120233900 Code Area 242 Type Qty Value ACTIVE Name FRANK JERALD S & JANE E 120 2.020 18200 340 97000 Bank Code NMI Buyer 341 22400 Lien Code C/O 990 48500- Prepaid Address 2310 S LOCUST GROVE RD L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last .Change 94/04/15 By ASR2 _ALLEN Entity Total 89100 Legal PAR #3900 OF SW4NW4 SEC 20 3N 1E Exemption #94030128 03N01E203900 3N 1E 20 Hardship 0 Property Zoning Rl Flag Address 02310 S LOCUST GROVE RD MERIDIAN ID 836 42-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMDOI 95 M A S T E R U P D A T E 5/ 12/95 11:27:43 Parcel S1120233950 Code Area 242 Type Qty Value ACTIVE Name FOSTER GROVER ~ 120 2.390 21500 340 45000 Bank Code USL Buyer 990 22500- Lien Code C/O Prepaid Address 2360 S LOCUST GROVE L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last Change 94/11/02 By ASR2 _ALLEN Entity Total 44000 Legal PAR #3950 OF SW4NW4 SEC 20 3N 1E 3P-1 6966 Exemption #94095402 03N01E203950 3N 1E 20 Circuit Breaker Hardship 0 Property Zoning R1 Flag Address 02360 S LOCUST GROVE RD MERIDIAN ID 83642-0000 D.D. Ty pe i REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR ~- L ~ ~~oa9~~ J~. ~1~ v. v.-1Y'~^ ~~' 7ppn r~ .:.yr~i,.fi'J r. - ' ~ . 97 DEC 1 ~ i 2 ~ DEVELOPMENT AGREEMENT" ~0~ ~._ , ~ _... ~,-.,.._ ~TOF THIS AGREEMENT, made and entered into this 21st day of November, 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest L.L.C., party of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West State Street, Boise, Idaho 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67- 6511 A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and 11 /21 /97 LOS ALAMITOS SUBDIVISION N0. 3 DEVELOPMENT AGREEMENT Page 1 V~VI~REAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conchusions of Law; and, ~S, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, TT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only const<vct single-fannily houses and that all such single-family houses shall have at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages. 3. That the property is zoned R-4, described in "Exhibit A", and shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and allow no duplex units, townhouses, or patio homes to be constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary Plat submitted with the request for annexation, zoning and Preliminary Plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by 11/21/97 LOS ALAIVIITOS SUBDMSION NO. 3 DEVELOPMENT AGREEMENT Page 2 the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his, its or thew own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the const<uction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the tune of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased conshuction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 3 f portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitams of the CITY, the DEVELOPER will thereupon, within a reasonable tune, constnict said needed improvements, or, if he does not ro construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued oar water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the mariner provided by law, or maY P~ anY other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and terming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 4 further that upon request of the DEVELOPER, the CITY will execute and deliver a pafial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CTTY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The. CTTY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 11/21/97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 5 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any constivction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Farwest Developers, Inc. City of Meridian Marty Goldsmith 33 East Idaho 4550 west State treet Meridian, ID 83642 Boise, ID 83703 19. That DEVELOPER agrees to pay all recording fees neY to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 11/21/97 LOS ALAIVII'fOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. i~tittclllllltl---/~ ~~ ~ ~~~ ~w ~~ ~~ ~` ~ ~~Q wi ~~L ~,, ~ 'p' ° T 19'~ ' ~~' i ~ ii '~ ~~ ~ DEVELOPER: FARWEST L.L.C. BY~ .T' f~~n~n,tad Name: M rty J. Goldsm h Title: President me: n Henderso Title: Secretary CITY OF MERIDIAN By. Ro ert D. Cowie, Mayor By: William G. Berg, Jr., City I 11 /21 /97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this ~(U day of /~/7~~K~~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty J. Goldsmith, and Ken Henderson, known and identified to me to be the President and Secretary, respectively, of the limited liability company that executed the instrument or the persons who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company 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. ,a1`c+~ ~(,J ~~~ r,.....v, '•.,: ~~ ,~ yDTa~ ~, s. , =~''~~ ~~ ZI ~7 E.p-lL!' ~ ~ 1 G ~ . ~~ r ;t' , -, ~; STATE ~OF IDAHO) .. 1 ss. County of Ada ) I ~ f2~~ ~ Notary Public for Idaho Residing at r~I.{~G~LCCV~ ,Idaho Commission expires: , / -/ D ~`~°! On this ~~day of ~/P~ 6<~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Corrie, and William G. Berg, Jr., known and identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed the instrument or the persons who executed the instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `ttttttl/ff//t,,~ e (SEAL) ~ ~ .o <, ,.~ ~ ;.,, ~ ~~ , a w a v A ~~~„i~o~~~~N` to Public for Icl~f'r " ing at h'ltr;d~`Q~+. ,Idaho mmission expires: Oz 11 /21 /97 LOS ALAMITOS SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 8 1 1~~1='-'1 ~-1'?'?^ 11 : ~6 FROPI TO =;.~;;~794~ F. Elm C~iT1FiCATE. OF OWNERS KNUWN ALL MEN BY THESE PRESENTS: THAT FARWEST UEVELUPERS, INC., AN IDAHO CORPQRATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IDAHO, AND MARTY GOLDSMITH, AN INDIVIDUAL.., DO HEREBY CERTIFY THAT THEY ARE TFIE OWNERS OF THE REAL PROPERTY AS DESCRIBED BELOW AND IT IS THEIR INTENTION TO INCLUDE SAID REAL PROPER tY IN THIS SUBDIVISION PLAT. THE OWNERS ALSO HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH IDAHO CODE 50-1334 (Z). ALL LOTS WITHIN THIS SUBDIVISION WILL RECEIVE DOMESTIC. WATER FROM AN EXISTING WATER SYSTEM ANO THE CITY OF MERIDIAN HAS AGREED IN WRITING TO SERVE ALL THE LOTS WITHIN THIS SUBDIVISION. A PARCEL. OF LAND BEING A PORTION OF THEN 1/2 OF THE SW 1/4 OF SECTION 20. 1~OWNSHIP 3 NORTH, RANGE 1 EAST OF' THE 801SE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 9EING MORE PARTICULARLY DESCR16Ea 'AS FOLLOWS: BEGINNING AT a FOUND 1"' SQUARE 8AR MARKING THE WEST 1/4 CORNER OF SECTION 20, TOWIJSHIP 3 NORTH, RANGE 1 EAST, B.M., THENCE N 89'55'41" E 1585.93 FEET TO THE INijlAl ~71.~1T OF THiS SUBDIVISION; THEI'JCE N 89'55'41" E 107$,51 FEET TO THE CENTER 1/4 CORNED OF SECT]ON 20; , " THENCE S 00 23 51 W 669.47 FEET TO A POINT; THENCE N 89'56'27" W 54.92 FEET TO A POINT; THENC£ 5 4U'22'33" W 174.04 FEET TO A POINT; THENCE S 34'43'03" W 86.20 Ff`ET TO A POINT; THENCE S 39'02~03M W 21.p6 FEET TO A POINT; TH ENCE N 89 56 41 W 927.10 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF L'OS ALAMITOS PARK SUBDIVISION N0. 2; ALONG THE EAST BOUNDARY ~OF SAlp SUBDIVISION THE FOLLOWING; ,+ THENCE N 00 04 00 W 167.59 FEET TO A POINT; THENCE S 89'12'00" W 5.15 FEET TO A POINT; 1HENCE N 00"04'00" W 124.60 FEET TO A POINT; TPIENCE N $9`37'00" E 8.52 FEET TO A POINT; THENCE N 00'04'00" w 1,~s.11 FEET TO A POINT; TI-fENCE N 89'55'00" E 46'.2$ FEET TO A POINT; THENCE N 00'04'00" W 183.53 FEET TO A POINT, THENCE N 89'55'00' E 16.25 FEET TO A POINT; THENCE N 01'76'00" E 131.60 FEET TO A POINT; TI~iENCE N 89'55'00" E' 15.38 FEET TO A POINT; TIiENCE N 00'05'00" W 163.44 FEET TO THE INJTIAL~ POINT 22.20 ACRES, MORE OR LESS. OF THIS SUBDIVISION, CONTAINING LOT 10, BLOCK 9 IS HEREBY DEDICATED TO THE CITY OF MERIDIAN AND THE PUBLIC STREETS SHOWIJ ON THiS PLAT ARE HEREI~Y DEDICATED TO THE PUBlJC AND THE EASEMENTS 11JDICATED ON SAID PLAT ARE NOT DEDICATED TO THE PUBLIC, SUT THE RIGHT TO USE SAID EASEMENTS IS HEREBY RESERVED FOR PUBLIC UTILITIES AND FOR ANY OTHER USES AS DESIGNATED HEREON, ANp NO PERMANENT STRUCTURES ARE' TO 8E ERECTED WITHIN THE DINES OF SAI4 EASEMENTS. .s J • Meridian City Council August 15, 1995 Page 14 Kingsford: The chair would pray for a motion. Morrow: Mr. Mayor, I would move that we table this until I believe the hearing on the preliminary plat is scheduled for 9-19 is that correct, I would move that we table this until the September 19th meeting so we can deal with this issue Item Q and the preliminary plat at the same time. Corrie: Second Kingsford: Moved by Bob, second by Bob to table the annexation and zoning request until the September 19th, 1995 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: I have a question on this Mr. Mayor, have you any recommendations for the preliminary plat that you would like to see on the preliminary plat when this comes before us again other than what we have heard here tonight? What is your feeling on that? Mon'ow: Ron as I stated earlier I am not, 1 need to think that through, I am not comfortable with the idea of compatibility, I don't know that maybe R-15 might be too small and maybe R-8 would be more appropriate. I do think that senior citizen housing if that is the target group that probably R-4 size lots are a bit overkill. A 1400 square foot home for senior citizens is a pretty good size home on a 5200 square foot lot that consumes a whole bunch of lot, there is not much left. Tolsma: What I was after was so they have some idea what they are looking for a preliminary plat when they come back in, so the changes will be (inaudible). Morrow: I can't answer that question at this time. I would like to be able to give them some guidance but I need to think that through. ITEM #7: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR 22.24 ACRES TO R-4 FOR LOS ALAMITOS NO. 3 BY FARWEST DEVELOPERS: Kingsford: I will open that public hearing and invite the owner or his designee to speak first. Marty Goldsmith, 4550 W. State Street, Boise, was sworn by the City Attorney. Goldsmith: We have addressed ACHD's comments and Meridian City's comments and have plat revisions accordingly. I would answer any questions that you may have at this . • s Meridian City Council August 15, 1995 Page 15 time. Kingsford: Questions for Mr. Goldsmith? Morrow: Mr. Mayor, I have a question to clear in my mind. Your testimony before the P & Z stated that you are putting in a minimum square footage of 1500 square foot homes is that correct? Goldsmith: In phase 3 I think that would be perfectly fine with us. I would like to see the Highlands Ranch also be compatible with what we' are doing. We have had a mixture of 1400 and 1500 square foot, the majority leaning towards 1500 square foot if these phases #3 go in at 1500. Kingsford: Any other questions for Mr. Goldsmith? Morrow: There is a question again in the P & Z hearing with respect to the pressurized irrigation and water rights, can you address that? Goldsmith: Yes, just like in phase 1, I have amendments prepared in the CC&R's that will be giving the pressurized irrigation over to the homeowners or the Nampa Meridian Irrigation District as per your comments Walt. And then the CC&R's that are going to be filed for phases 2 of both subdivisions those same language adheres. And also #3 that is perfectly Morrow: And now is phase 3 also done off of well water or is it done with irrigation water? Goldsmith: Phases 1 and 2 approximately of both subdivisions are going to be served off of the well as per our well rights. The third phases of both subdivisions will be done off of surface water, there will be another pump station set up and they will work together. We have oversized some of our lines in phases 1 and 2 so we can take in like Raven Hill's and some other people in there as per Bill Freeman's comments. Kingsford: Any other questions for Mr. Goldsmith? Thank you, anyone else from the public that would like to offer testimony on this issue? Karen Gallagher, ACRD, 318 37th, Garden City, was sworn by the City Attorney. Gallagher: Thank you Mr. Mayor, members of the Council, I have some concerns, or I would like to speak to you about the plat. Usually you take most of the comments together, would you like them now or should I wait until that item? B Meridian City Council August 15, 1995 Page 16 Kingsford: That is fine go ahead. Gallagher: The Highway District's major concern in this subdivision would be the street connection, the stub street to the east that would continue over through the school property possibly to a bridge to highlands. In our discussions with the school district and staff and in discxassion with our commissioners the determination that they have made and the preliminary plat was that street would be culdesaced and that no bridge connection or no bridge would be made over the lateral at that location. That instead a bridge connection to the Highlands Ranch would be supported to the east in the L-O property and possibly a connection or the connection would go to the Griffen's property in what we understand is possibly a commercial development. So that was the information I wanted you to be aware of and our commissioners did approve it as a culdesac without a connection continuing on for a bridge connection. Does the Council have any questions? Kingsford: Any questions for Karen? Thank you, anyone else from the public? Lydia Aguerre, 2620 South Locust Grove, was sworn by the City Attorney. Aguerre: I just have a question on wells and well rights, as far as my water rights I have a well and there are some private well owners in that area. If there is pressurized irrigation and that is what phase 1, 2 and 3 are working on, what about the wells that we have that are more, that are not as deep? What if there is a problem with our well water? Kingsford: We have a problem up here with guys with no knowledge of hydraulics. I guess the remedy is one in the courts obviously and I don't know what that is. As I understand it Mr. Goldsmith has a right to pump a certain number of inches of water and likewise and I don't know what the answer to that is. Mr. Smith do you have any comments on that from the engineering side? Smith: Mr. Mayor, you are right, Marty Goldsmith has a water right to that well in Salmon Rapids, he has also received a right to transfer some of that water to the east side of Locust Grove Road from Water Resources Department. The impact, as long as he maintains pumping capacities within his water right and he is not in violation of that and if there is an impact to the adjacent wells of property owners that may be shallower then I don't know the answer to that question, it becomes a civil matter between the property owners as I understand it. Kingsford: Being a peaceful individual I would discourage you not to go shoot anyone. Thank you, anyone else from the public? Ted Hanson, 1882 Bentley Avenue, was sworn by the City Attomey. Meridian City Council August 15, 1995 Page 17 Hanson: What I am wondering is when you are talking about this well and that it is going to adjoin Nampa Meridian surface water are you going to put check valves, he is talking about transferring that water back through your pressurized line from your wells, this is State water situation you are talking, whether you are going to contaminate. Did you make provisions for putting in 2 check valves or 3 check valves to keep from contaminating the ground water of the wells. Kingsford: That is an excellent point, we are always concerned when it involves our system and this of course doesn't but that is a good point. You need to address that in the engineering. Hanson: And in the question by the lady before me, there was a meeting back in December I believe it was for the State Water Quality Control came out and described all of this water has been working over the past 40 years in this area. That is a concern as myself owning a private well, I am only allowed specifically to pump a certain amount of water to irrigate a certain amount for that property I can't put in a 5 horse pump and draw that extra water out. So that is the point that he is dealing with also. Thank you. John Shipley, 2770 South Locust Grove, was sworn by the City Attorney. Shipley: It was in a meeting, December 1993 that this subject came up on this well. Mr. Goldsmith was told to use surface water in that meeting. Low and behold this well that did exist was for 23 acres. Last winter when I seen work begin on it I called Water Resources and asked them some questions about it. The well is directly across from my property, I can view the work that happened on that project. It is located less than 100 feet from surface water. I didn't realize they were going to take the water off of the 23 acres that it was specified for. I got some papers from Water Resources said that the well was not to pump anymore than .48 cubic foot per second. In a previous meeting Marty said that he had a flow meter on the well. But I don't see a restricter or a governor on his well. They are taking this water from that 23 acres and they are transfering it to 2 different subdivisions approximately it will end up more like a 100 acres of subdivision, you know 50 on one side of the road and 50 in section 19 and 50 in section 20. At the time I requested some information from Water Resources the well house was already in, the remodeling had already taken place he hadn't even filed on the well at that point. If you will view the subdivision tract that well house sits in the middle of a culdesac the way that, you guys have looked at the picture of the whole thing. The old pump casings are all sitting out in the ground along with the new motor and everything. My well is 40 feet deep across the road. Two years ago I had problems when McDermitt owned the land and was irrigating his land. We didn't have very much water at that time. I sputtered and spit for a little while until he quit running his well. Then I got water again. But I have a little concern that all the other subdivisions going on they are not putting water back in the • s Meridian City Council August 15, 1995 Page 18 ground from surface water. Eventually this water that don't back in the ground will bring the water level down in this area because all of the houses and all the footprints of all the houses take up a place for water to soak into the ground and replenish the surface water. Right now we have a pretty high water table, this year we do again. In 1993 in December that took place and there are people here in the meeting that heard it. There are some of the people sitting around here that heard that conversation. He got a little angry when they told him he had to do that, why are you making me do that he said, you didn't make anybody else do that. (Inaudible) without the knowledge of Water Resources then went ahead and done it anyway. That is evident in the time frame that I called Mr. Crookston about the situation. I call Mr. Smith about the situation and of course Water Resources by that time had contacted Mr. Goldsmith and he filed a well. But at that time he hadn't filed a well. Those things need to be pointed out so that we can cover ourselves. If we run out of water then somebody is responsible for it. Litigation costs people money and I think the City should hold up to what they said in the first place. That is about all I have to say, thank you. Kingsford: Any questions from the Council? Anyone else from the public? Aguerre: A question I forgot to ask, on the storm water management area, whenever it rains it goes into the storm drains, where does is run off to? Kingsford: We haven't necessarily seen those, but they have to retained on site, they have to do the screening for grease traps and so forth before it can ever be discharged into a stream. 1 don't know that we have seen any engineering drawings for that at this point. Smith: Mr. Mayor, I think they have those in house under review right now. The Highway District will review the storm drainage management process and typically they are retaining the storm drainage on site and putting it back into the ground after it has gone through a sand and grease trap. Aguerre: If there is a private well that is real close to that area though that can ultimately affect it so that is why I am curious. Smith: They would have to abide by the Department of Environmental Quality State of Idaho regulations as far as separation between storm water and your drinking water well. Aguerre: Thank you Kingsford: Last shot, anyone else from the public? Seeing none I will close the public hearing, Council members? Meridian City Council August 15, 1995 Page 19 Morrow: Mr. Mayor, t would like, there were several issues that were raised in terms of the testimony that I would like to ask Mr. Goldsmith to clarify for me please. Crookston: Do you want to re-open the public hearing for these comments? Kingsford: Okay, I will re-open the public hearing, Mr. Goldsmith, you are already sworn go ahead. Morrow: My first question is how deep is the well that you are using? Goldsmith: It is under 100 foot, somewhere around 80 foot. Morrow: And, how much are you licensed by the Department of Water Resources to pump? Goldsmith: Just over 23 acres and they are happy with the numbers of lots, the square footage of the irrigatable ground cover that we are going to be watering. There was computations that we did for them where we backed out the streets, sidewalks, garages, house square footage and stuff like that and they are happy with what we have come up with. We are also trying to make sure that the City is happy. 1 contacted Water Resources and got the stuff headed in the right direction or in the direction it is presently going in and trying to be neighborly to Mr. Shipley. It is not our intention to railroad anyone or anything but to work hand in hand with him. Morrow: How is this flow going to be regulated, how is it going to be controlled, you have so many inches of water that this well could pump? How in the future Goldsmith: What they are saying is it is 23 acres so once we have so many lots hooked up to it than that would be, there is also a flow meter on there. Gary has written a letter requesting that Water Resources comes out and checks the amount that is pumped. We will make sure Meridian City and Water Resources is happy on it. It is my understanding that Water Resources is happy with it, they have written a letter to Meridian City as well as to myself stating that we have the water rights. Morrow: I understand those things that you are telling me, what I am after here is I want to know how the regulation of the amount of water that comes out of that pump is going to be done not only now but in the future so that the amount of water taken from that well is not in violation of the amount of water that the Department of Water Resources says that well can pump? Goldsmith: The flow meter that is on there right now will work for that, if there is something that you guys come up with that would work better or aid that we will certainly work with • Meridian City Council August 15, 1995 Page 20 c: you on that. So right now there is a flow meter that says gallons pumped total, it also reads gallons per minute. By reading that and seeing how many gallons per minute we can pump for how many houses we have hooked up to it I can tell you that is not being exceeded now with us checking on that. Morrow: The point of my question is that in the future once you are done the development is done, let's assume we approve this as a well, who is responsible for regulating and checking this flow to make sure that it does not exceed what it is licensed to pump. Goldsmith: It is my understanding that it is the Water Resources and that Mr. Smith has requested that they check that. Morrow: Okay, then I will ask the rest of the question to Mr. Smith, purpose, I think it is a valid point that Mr. Hanson raises with respect to check valves. How do you propose to avoid contamination of surface water with this well water. Because obviously Mr. Shipley's well is only 40 feet deep, your 80 foot well based on my little knowledge might be is probably in the same water strata. Goldsmith: It is my intention to water approximately 1 and 2 phases of Salmon Rapids and Los Alamitos with the well. At that time the intention right now is to combine the surface water with the well water. Those plans will be coming through for construction plans and the City will have comments at that time similar to what the point of contact is with the City water. A lot of the pressurized irrigation being constructed now have a back up alternative with the City water with the check valves and such in there. It will be easy enough for us to get that design worked out so they are happy with it. Morrow: Thank you. Kingsford: You have questions for Gary? Morrow: Yes, Gary with respect to this well situation, the same question, in the future who regulates or who is responsible for overseeing this well does not pump more than it is licensed to pump? Smith: Department of Water Resources is responsible for that. I have requested in written form that the monitor the amount of water that is pumped from this well becuase of the concerns of the surrounding residents. I have not received a response from the water resource department to my letter. Typically on a well Department of Water Resources will provide what is called beneficial use inspection. They will come to the well site, they will monitor either through an approved measuring device on the piping of the well or they will install a measuring device of their own, how much water is being pumped by the pump in • • Meridian City Council August 15, 1995 Page 21 that well. They compare that to what the water right is. If they are pumping more water than their water right then they will require the applicant to get an amendment to his water right. If he is pumping the amount of the water right or less then they go away. Typically they do not revisit the well sites, whether it is a City well, most irrigation wells don't have measuring devices on them and that has been a point of much discussion in the past becuase some irrigation wells are over pumped and do impact adjacent domestic wells. This was a very hotly contested item in the north part of town, north of Meridian on some big irrigation wells during our drought period of time that was the pumping of these wells was seriously impacting adjacent property owners wells. And Water Resources had numerous hearings, some of which were held in our City Hall concerning this matter. But typically they only check the well, City wells for example for beneficial use with our flow meters to see that we are pumping what our water right says we can pump. I requested this of this irrigation well, I have not received a response from Water Resources. I think he has a water right of somewhere around 200 gallons per minute, I believe the .46 CFS is correct. There is 448 gallons per minute in 40 CFS so, I don't have my calculator with me tonight, but, it is somewhere slightly in excess of 200 gallons per minute. f have also done some calculations based on that water quantity that is available to see how many lots can be irrigated by it. The applicant and I disagree in that number from what he says can be irrigated and what he says water resources has approved. I don't think we have come in agreement on that. I don't know whether I have to argue with water resources on this issue or not but if I do, I do. Morjow: My final question would be, the check valves and those kinds of things in terms of the two systems coming together, you are comfortable with writing the specs for that? Or ensuring Smith: It is not the City's system Councilman, it belongs to the homeowners. We can certainly review the system that is being proposed and make comments and if you like we can make requirements on the check valve to protect the ground water from the surface water. Typically we do the same thing as Mr. Goldsmith mentioned when we have an alternate connection for City water to a pressurized irrigation system that has a separate point of supply. We do require a reduced badcflow pressure device that is the upperend of positive check valve to ensure we don't get a cross connection. It can be done very easily, it is not a difficult situation, you just make sure that it is done. We are falling into a bit of a gray area here in enforcing the details of the pressurized irrigation systems. We don't have any standards adopted by the City of Meridian. We have been using Nampa Meridian Standards as a guideline. Morrow: Do they have guidelines covering this specific issue? Smith: I do not know on the back flow device, but as I mentioned that is not a difficult ~ ~ Meridian City Council August 15, 1995 Page 22 situation, it is a reduced back flow pressure device. Kingsford: Gary, would DEQ have some jurisdiction and concerns about cross connection? Smith: Yes they do. Kingsford: And don't they have to approve those plans as well? Smith: Yes, they make comments on the pressurized irrigation portion correct. Kingsford: I am certainly sympathetic to Mr. Hanson's comment there. If it bothers us it should definitely bother us that it affects them as well. We need to make sure that if no one else enforces that we do when we review those plans. Hanson: Mr. Smith, you said that you didn't have any jurisdiction over this at the present time, but quite possibly you will annex this in the future, presumably. Kingsford: That is what this hearing is about. Hanson: So it would be in your jurisdiction. Kingsford: Well, the jurisdiction issue is with regard to the water. We don't have jurisdiction over the well that Mr. Goldsmith has is what he is saying. Goldsmith: Mr. Morrow, if I may, the number of lots that Water Resources said that we could use and irrigate off of the 23 acres of water rights and the number that Gary has come up with I am sure will easily be resolved. It is roughly within 25°~ right now. We will make sure that the City is happy with that. As far as the design goes, we have in the past got comments back from the City. For example the steeving of the pressurized irrigation line when inside of a C-900 pipe even after it was constructed to Nampa Meridian Irrigation District's specifications when there was no one governing on the specifications of the installation we did use the highest specifications that were applicable. Kingsford: I did reopen the public hearing you are welcome to come up. Jim Lee, 2620 South Locust Grove, was sworn by the City Attorney. Lee: I guess I am a little confused here Mr. Goldsmith's has been talking about this well for 23 acres and then he says he is going to take Salmon Rapids 1, 2 and 3 and Los Alamitos off of that which totals over 80 acres. I think he just said that in his last time up here. The other thing I would like to know is can we request Water Resources to come ~ ~ Meridian City Council August 15, 1995 Page 23 out and check that well periodically? Kingsford: I think Mr. Smith has asked that they do that and I don't know whether they will do it periodically, but he is saying that their history has been that they check it once and go away. Our request is that they do check it periodically. Lee: How do we follow up to see that is being done? Kingsford: I would suspect that if you call Water Resources if there is some concern that it is being violated they will probably take a look at it. The issue about the acres 1 think falls back into the houses, garages being taken out and that is what they are arguing about is the number of lots then that would fit into that 23 acres, am I right Gary? Smith: Yes, it is 23 irrigable acres and you take out all of the streets, you take out the houses and you have a net irrigable acreage then which is not 23 acres of houses, it is 23 acres of irrigable area, correct. Kingsford: That is what they are in disagreement on now but will be in agreement. Anyone else from the public? Seeing none 1 will close the public hearing, Council members. Crookston: Mr. Mayor I think that we have had substantial differing testimony tonight then was presented at the Planning and Zoning Commission. I would recommend that we have amended findings of fact and conclusions of law. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to prepare new findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #$: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: At this time I will open that public hearing and invite the developer or his designee to speak first. Marty Goldsmith, 4550 W. State, Boise, was sworn by the City Attorney. t ~ ~, Meridian City Council August 15, 1995 Page 23 out and check that well periodically? Kingsford: I think Mr. Smith has asked that they do that and I don't know whether they will do it periodically, but he is saying that their history has been that they check it once and go away. Our request is that they do check it periodically. Lee: How do we follow up to see that is being done? Kingsford: I would suspect that if you call Water Resources if there is some concern that it is being violated they will probably take a look at it. The issue about the acres I think falls back into the houses, garages being taken out and that is what they are arguing about is the number of lots then that would fit into that 23 acres, am I right Gary? Smith: Yes, it is 23 irrigable acres and you take out afl of the streets, you take out the houses and you have a net irrigable acreage then which is not 23 acres of houses, it is 23 acres of irrigable area, correct. Kingsford: That is what they are in disagreement on now but will be in agreement. Anyone else from the public? Seeing none I will close the public hearing, Council members. Crookston: Mr. Mayor I think that we have had substantial differing testimony tonight then was presented at the Planning and Zoning Commission. I would recommend that we have amended findings of fact and conclusions of law. Morrow: So moved Totsma: Second Kingsford: Moved by Walt, second by Ron to prepare new findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: At this time I will open that public hearing and invite the developer or his designee to speak first. Marty Goldsmith, 4550 W. State, Boise, was sworn by the City Attorney. • • 3 ~ ~ Meridian City Council August 15, 1995 Page 24 Goldsmith: I am available for any comments you guys may have for me to answer at this time. Kingsford: Questions of Mr. Goldsmith on the Preliminary plat? Corrie: Mr. Mayor, I guess I have a question with reference to this culdesac, stub street. The Fire Department recommendation (inaudible) where are you now with that? Goldsmith: Are we talking about the culdesac that is going east out of phase No. 3 of Los Alamitos near the Ridenbaugh Canal? The original lot layout that we came in with showed an extension going into Greg Johnson's parcel of property. Since then we have put in a culdesac per ACRD requirements. We will do whatever you guys decide to do there. Kingsford: Any other questions of the Council? Anyone else from the public on the preliminary plat of this subdivision? Lydia Aguerre, 2620 South Locust Grove, was sworn by the City Attorney. Aguerre: I just have a question on the fencing, on phase #3 and I understand phase #1, phase #3 backs my property the back part of it, so I just have a question on the fencing of that, Marty could probably answer that I think. Kingsford: We have a requirement that he has to fence the perimeter during construction but as far as the rest of the fencing do you want a comment Mr. Goldsmith? (Inaudible) Goldsmith: There are 2 types of fencing being used out there, one is a wrought iron fence 51/2 foot high and (inaudible) fencing will be used as anon-combustible fence (inaudible) Nine Mile Drain. The perimeter fencing will be installed as per Meridian City's ordinance a 6 foot high 1 inch by 4 inch picket fence. Aguerre: We had talked at one time about having a cedar fence on my side of the lane (inaudible) Goldsmith: There is going to be a cedar fence down our lot lines (inaudible) Aguerre: That fronts my lane, is that what you are talking about? Goldsmith: Wherever our fot (inaudible) Meridian City Council August 15, 1995 Page 25 Aguerre: (Inaudible) Goldsmith: (Inaudible) Kingsford: Anyone else from the public? • Jim Lee, 2620 South Locust Grove, was sworn by the City Attorney. Lee: I would like to ask Mr. Goldsmith a question, I believe, is the fence going to be cedar that runs down the lane? Goldsmith: (Inaudible) Lee: So going down our lane (inaudible). My question is we have settled on a cedar fence, now, is there anything that can protect us for a little better quality fence because out on South Locust Grove where Salmon Rapids runs the wind has come along and probably 75% of that fence is down. The neighbor went over and nailed it back up and I looked at it the other day and there are nails about like so that put this whole thing together. We have to look at that every day. Let alone if it is down our lane there is going to be houses, their backyard is going to face our lane. If that thing falls over who is responsible for it #1 and this has been down for 2 months out there so there hasn't been a whole lot of action on it. The other thing that I would like to do is thank Shari Stiles for helping with the trash problem out there and Mr. Goldsmith got that pretty much resolved. When Los Alamitos starts is there anything in the works for dumpsters for those contractors or anything out there to help us out? Morrow: Mr. Lee, your questions, what size is your property? Lee: Well, there are going to be 8 lots, is that what you are asking? Morrow: Well, what kind of trash are you having problems with? Lee: The contractor trash, roofing materials, paint buckets, crap. Morrow: Do you have livestock and those kinds of things on your place? Lee: Yes Morrow: I think that we have had and certainly will review that with Mr. Goldsmith but we have had a fairly inflexible policy with respect to developments being responsible for making those things clean or keeping them clean. If you have been having a problem with • Meridian City Council August 15, 1995 Page 26 that in the past then certainly Lee: I did say I talked to Shari Stiles and she, things happened and we appreciate that, they put a fence across where they said they would do that. Now they are moving across the road right directly by us and on a daily basis it is going to be real ugly. Morrow: I think from my perspective is that each contractor is responsible for keeping his lot and his project clean. The developer is responsible for overseeing that the subdivision is kept to those standards. Having said that there are some that are not, the definition of clean is different with others. I think that if there is a problem that develops we will make Mr. Goldsmith aware that we expect it to be kept clean if it develops and it will be up to our P & Z people to advise him that it needs to be cleaned up. If not then take some sort of corrective action. Lee: Thank you very much. Kingsford: Anyone else? Seeing none I will close that public hearing. Tolsma: Mr. Mayor, I have a question for the attorney. Wayne, just looking at this project, are we in excess of 1000 feet on a one way in and one way out of this subdivision? We have one street that is off of Locust Grove that this whole entire subdivision has to go in and out of, there is no other way in and out of this place. There are stub streets going out but (inaudible). Crookston: The block length that you are talking about is based on the block length on the plat, it is not based upon how much distance there is from the start to the end. Especially when there are streets that will eventually be connected. So if there are stub streets going off of that 1000 feet as far as ordinance is concerned they do not violate the 1000 block length restriction that we do have in the ordinance. Tolsma: Where are we at with emergency access? (End of Tape) Crookston: What our ordinance applies to is the plat, I'm afraid our subdivision ordinance doesn't apply to access for emergency vehicles. Kingsford: I think ACRD has a requirement of number of houses served on the same entrance too. I think Ron if you remember the last down turn we went through the subdivision out here on Cherry Lane that had a single access that was better than a half mile (inaudible) through there. Certainty your concerns are (inaudible) • Meridian City Council August 15, 1995 Page 27 Smith: As Wayne said the block lengths have to do, in the ordinance, do not address emergency access. They are just distances between intersecting streets on layers of lots or tiers of lots. We try on the exterior boundary of these subdivisions to get stub streets provided to break up those block lengths against the boundaries of the subdivision as well as the interior blocks to not exceed 1000 feet in length. I guess one of the things we have always understood as a requirement from the highway district that they can only access 100 single family building lots off of a single point of access. I don't know if that is still a standard or not. Kingsford: 200 Karen is saying. Smith: 200 lots? (Inaudible) Smith: I guess I don't understand that. (Inaudible) Smith: 20 homes (Inaudible) Smith: How about a single access to a subdivision? I was thinking it was a 100 lots. (Inaudible) Smith: I only remember that, I think I remember it as a guideline from the Highway District as 100 lots with a single access which is 1000 vehicle trips per day on, I'm not sure that is not a collector type street but on a standard residential type street. Kingsford: All I can remember is I know they have a standard. Smith: I think this plat has 53 lots on it, I don't know how many lots were in the first 2 phases but it has to be awful close to 100 lots if that is still the standard. Morrow: I have some questions for staff, for Gary in your June 7th comments, under site specific, sanitary sewer service will be via existing mains installed in prior phases of this development. However, the southwesterly corner of the proposed site is not serviceable to these existing mains. Has that issue been resolved? • Meridian City Council August 15, 1995 Page 28 • Smith: Are you on Salmon Rapids Councilman or Los Alamitos? Morrow: I am sorry I am on Salmon Rapids. Smith: That has not been resolved: Morrow: My other questions were for Shari, I have questions for you Shari with respect to your comments on Los Alamitos No. 3 preliminary plat. It says here you just received a new plat today, that is August 15th, you received a new plat? Stiles: Councilman Morrow, apparently 3 copies were turned into the engineering department on Friday, when I received a call today asking me if they had any problems or needed anything else that I didn't have a copy of it I didn't know what they were talking about. Three copies wouldn't be sufFcient for the Council to review. What you have in your packets is what was approved by Planning & Zoning Commission that shows the stub street to the east. That was my confusion, getting a new plat and just being able to look at it today. Morrow: So this is a different plat than what P & Z approved? Stiles: Yes Morrow: How different is it? Stiles: I believe the major thing is the stub street to the east that has been removed and made into a culdesac and that was requested by Ada County Highway District. I don't know that that is the ideal connection site to go over the Ridenbaugh Canal but I feel very strongly that there has got to be a connection to be able to be travelled by vehicles across the Ridenbaugh to the school site and to connect those neighborhoods. Morrow: So as it stands now according to your analysis that vehicle travel to the elementary school site has to be by major arterials to get there if there is not a crossing over the Ridenbaugh? Stiles: The Ada County Highway District and we had a meeting with Highlands Ranch and I repeatedly asked, requested that we have this connection for the two neighbofioods. ACHD and Highlands had their own discussion and own decision to relocate it approximately where Highlands shows their L-O, their new L-O portion. While that may also be a desirable site it is a 1/4 mile away from where this would be. We don't know what the development plans are for the Highlands really let alone the 160 acres to the north there. If it were my child that were living in either one of the subdivisions, Highlands • • Meridian City Council August 15, 1995 Page 29 or Los Alamitos I would much rather that they be able to either go on the road connecting the two rather than go through an unknown development that could be commercial or could be some office or could be who knows what. And also the Fire Department has requested this connection be made because of the circuitous route it would take for the fire equipment to go around either on Victory or Eagle and Overland. Also, with the unknown of Sundance subdivision we don't know if the developer of that subdivision is going to keep his plat the way it is now. I would rather have a connection that is known, that is going to be there then something that could be years off in the future. Morrow: Thank you Kingsford: I closed the public hearing, any other comments of the Council? This is a real concern I have Mr. Goldsmith, as I compare what you just submitted with what the Council has been looking at and basing their questions, there is significant difference in those plats. This is something we have run up against 3 or 4 times now on other developments and we need to be singing from the same sheet of music. Goldsmith: The sheet you guys have in front of you I believe shows this stub street going out east, just stubbing on out. We have changed it per requirements. Kingsford: Right you have moved the street on the southern parts and you have changed a culdesac on the northern part. Goldsmith: culdesac here and these were all requirements made by ACRD several weeks ago and we got them bads to you in good shape, submitted the plans to you. So I am not seeing a major lot reversal, the number of lots hasn't changed. The street layout has not changed in my mind sign~cantly and it looks like it will still change again potentially if the Meridian City gets what they want which is this to go through. We will do that no problem. Kingsford: That is what I am suggesting is that you are saying you had that several weeks ago and you got it back to us. But what I am saying is no one on the Council saw it, it is not what I have seen. I would kind of like to see those so we know what we are looking at. Goldsmith: I didn't try to keep it from you, I tried to get it here. I think Karen, Shari and I and we are all working off the same page. Kingsford: This is the body that approves and I would like for them to work off the same page if you are getting my drift. Goldsmith: I will come and tuck them in your mailboxes. Meridian City Council August 15, 1995 Page 30 Kingsford: We would like to have them, anyone else on the Council wants to make comment. Morrow: My only comment is that there is too much gray area here it seems to me that it would be appropriate for Karen and Shari and Gary and the developer get everybody on the same page so to speak and let us have the page so we can see what page we are working ofF of. I think from my perception I would like to see it tabled until those things are resolved. Kingsford: As a Council you have to look at the findings on the annexation and so forth too. Morrow: That is correct. Corrie: Mr. Mayor, I suppose we could just deny and send it back to Planning and Zoning couldn't we? Kingsford: You can do a lot of things. Did you wish to make that a motion Mr. Morrow or Mr. Corrie? Morrow: I would move that we table this pending resolution of the outstanding issues that we talked about here in the discussions and also about waiting for the findings of fact and conclusions of law for the annexation. Yerrington: Second Kingsford: Moved by Walt, second by Max to table this to the next meeting, pending the outcome of the findings of fact and conclusions of law, comment Counselor? Crookston: There was mention of denying it, if it is denied then it is done, it would have to refiled and start totally over. I just want to reference that to the Council, that is your decision, that is all I wanted to comment on. Kingsford: You have heard the motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR 23.27 ACRES TO R-4 FOR SALMON RAPIDS NO. 3 BY FARWEST DEVELOPERS: Kingsford: At this time I will open the public hearing and invite the owner or his designee Meridian Planning & Zoning Commission June 13, 1995 Page 39 City Council members. You will be re-noticed of that public hearing. The normal process on something like this is well at least 120 days usually to get something through. Where we are at right now is the first step. (Inaudible) Johnson: The obligation is to notify people as I understand and Wayne can correct me, is to notify people within 300 feet of the property. (Inaudible) Johnson: Then you have to go find the notice even though it has fallen down. The one thing you can do and I know most people don't do this but all public hearings are noticed in the Valley News Times, in the paper. ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 22.24 ACRES TO R-4 FOR LOS ALAMITOS NO. 3 BY FARWEST DEVELOPERS: Johnson: I will now open the public hearing and invite the applicant or representative to come forward. Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attorney. Goldsmith: Members of the Council I am here representing Los Alamitos subdivision for a preliminary plat and annexation and would care to answer any questions that you guys have at this time. Johnson: Any questions of Mr. Goldsmith? Rountree: Have you seen the comments from the planning director and the City Engineer and ACRD? Goldsmith: Yes I have, I have reviewed them all and there is nothing in there that we disagree with or won't be complying with. We have had a tech review with ACRD, they have minimal changes. They are in agreement with our overall street lineups and want some temporary culdesacs in place and correspondence with the development Sundance to line up the streets and we feel it is not going to shift any lots in a major fashion. Hepper: Marty what is your minimum square footage on the lots and on the houses? Goldsmith: We are applying R-4 zone which is 1400 square foot minimum. 'f • Meridian Planning & Zoning Commission June 13, 1995 Page 40 Hepper: Were the previous phases of Los Alamitos No. 1 and No. 2 were they also 1400 square feet? Goldsmith: Number 1 is the only one that has a final plat, it is just about to be recorded and it is a 1500. There was no, the development agreement is also at 1500 for phase 1 it was just. at the Council's recommendations that we did that. It wasn't a promise or anything like that. Johnson: Anyone else have any questions? Crookston: I do, you made no representation that it was going to be 1500 in the prior let's say Los Alamitos No. 1? Goldsmith: At the public record I did not make any indications that I was going to be putting 1500 square foot homes in phases 1 or 2. I agreed to it because it was mentioned to me-that might be desirable at this point. I would be requesting 1400 square foot homes as it is market driven. Crookston: Your request for, the written request for application on the plat you don't consider that part of the record? Goldsmith: Which plat? Crookston: I believe it is number 1. Goldsmith: Number 1 we are putting in 1500 square foot homes. Crookston: That was stated on your plat request was it not? Goldsmith: I am not sure about that Wayne. I don't recall if it was 1400 or 1800. Crookston: I don't recall 1800 but I do definitely recall 1500 as being on the request for the plat, as being the minimum subdivision house sizes. I consider that as being part of the record. Goldsmith: I would agree with you and if that is what I applied for I appreciate you granting that. Johnson: Mr. Hepper any questions? Hepper: Well I just wanted to make a comment that to date as far as I am aware that all • Meridian Planning & Zoning Commission June 13, 1995 Page 41 of the lots in the subdivisions south of the freeway and east of Meridian Kuna Highway have been restricted to 1500 square feet. I think in Salmon Rapids there was a variance request for some tots that bordered on Locust Grove to be 1400 square feet. I believe that was granted for some of those lots that back up to Locust Grove. But all of the interior lots in that area have been held to 1500 square foot minimum I believe. Johnson: Do you recall if that has been at the request of the City Council or a general agreement like Marty says? Hepper: I think it has been at the request of Planning and Zoning and the City Council. As far as I am aware all the developers have agreed to that because of the time (inaudible) houses of that size. So I guess it is up to Marty to determine whether he thinks the market will continue like that or whether he wants to go for something less than what everyone else out there has been doing. Johnson: Well, his application is for 1400 right, that is what we deal with right now. Any other questions of Mr. Goldsmith? Thanks Marty, this is a public hearing anyone that would like to come and address this? Karen Gallagher, ACHD, 318 E. 37th, Garden City, was sworn by the City Attorney. Gallagher: Mr. Chairman and members of the Commission as the applicant stated we have not yet finished a review of Los Alamitos No. 3. There are 2 items that we are discussing at this point that I would like to draw your attention to. The first one is we hope is just a minor detail is aligning with the stub street that has been approved to Sundance to the north. The other issue is probably a little more complicated and involves the stub street to the east which is currently tagged as the school site. I understand there is some negotiations going on to swap some of the property to create a site that is more buildable. I don't believe this part or this triangle that that stub street extends into is a part that is to be swapped that is yet to be determined possibly this Friday in a joint meeting with Shari Stiles and Dan Mabe of Meridian schools. The concern here is that as I understand it your staff is recommending that Highlands Ranch be required to put public road/bridge over the Ridenbaugh canal at this location that would align with this stub street. We have discussed this stub or the bridge at Ada County at a staff level and are not convinced that no, let me back up. We are supportive of the stub street or a bridge however this location could cause us some concern for two reasons. One of which would be the stub would connect and Pat Dobey made reference to this earlier, it would come across for a short distance east west and then it would connect directly to the Sundance Subdivision to the north that is a straight street that connects straight through to Overland. It has slight bends in it but otherwise it is a straight shot for anybody to cut through traffic. In that sense this stub street in this location and alignment with Highlands does concern us. Possibly to the Meridian Planning & Zoning Commission June 13, 1995 Page 42 north to the other property that Mr. Clark was representing would be another option if you are in support of a bridge over the Ridenbaugh Canal. Our second concern would be Johnson: For the record tell us why it concerns you, I know why but tell us why? Gallagher: The bridge? Johnson: No the connection, with no bends. Gallagher: For cut through traffic, it would encourage traffic beyond what has already been planned for on that road for the width. It is a residential collector to a certain point from Overland Road to a certain point south, I don't know what cross street that is at this point. It is labeled as a residential collector. South of that to the school the numbers dropped low enough that it was allowed to be a standard local street. If this connection were made the bridge connection and then the fairly easy connection straight to Overland Road- the numbers would be higher than expected and definitely could cause us some problems in the future. Johnson: And no obvious traffic calming is that what you are trying to say, it will become a speedway more or less? Gallagher: Correct, even though we have chokers going in at some of those intersections it would encourage traffic to go that direction rather than out the other ways. As I said we are in support of a bridge crossing but this location causes us some concem. The other one would be financially if a bridge crossing is approved that cost is split between both developers which is fine for Highlands Ranch, but the other side being the school I am not quite sure they would be supportive of putting up that money. I don't believe the Highway District, we would take over maintenance but we aren't interested in fronting the money for half of a bridge at this point. So, at this point staffs comments have been to withdraw or to move that stub street back and get into a culdesac but I understand that conflicts with some of the staff s recommendations for a bridge crossing. Thank you. Johnson: Thank you Karen, anyone else like to address the Commission on this application? Do you have any comments Shari Stiles regarding Karen's comments? Since she mentioned staff and you are staff. Stiles: Mr. Chairman and Commissioners, my concern is that there is no vehicle access between the 2 sections of the properties and also none to the school. It would be nice to think that all of those children that live in that subdivision are going to be walking but that is not going to be the case. 1 would hope that there is some way that, I don't know the status of the collector, it can be mitigated through other ways or some design changes but Meridian Planning & Zoning Commission June 13, 1995 Page 43 to have no access if the Highlands Ranch development were improved as its currently shown I am concerned that the only way those people are going to get to the schools is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance anyway. So, I don't really see the point in not allowing any interneighborhood vehicle access. Johnson: Have you had any meetings or discussions with the school district with regard to (inaudible) perhaps them sharing in the cost of the bridge? Stiles: We did not talk about the cost of the bridge being shared by the school district but I talked to Dan Mabe today and he does support having a bridge across the Ridenbaugh. Johnson: Thank you, anyone else have any comments? Seeing no one then I will close the public hearing. I am sorry I didn't see your hand, I will re-open the public hearing. Lydia Aguere, 2620 South Locust Grove, was sworn by the City Attorney. Aguerre: I have some issues that I wanted some answers to. Number 1 with Los Alamitos going in I approve the R-4, if the house sizes are going to be 1500 square feet, that makes some sense for that area. The thing I am concerned about is water, where is the water coming from. Having a well and having other people that are rural with wells I am concemed about the water. Are they using surface water or pressurized wells. So that is one of the concerns that I have. The other concern that I have is once again the question that I want to ask is the average price of homes, if I could get the average price of homes there as my property abuts that. That is a concern to me or a question I would like answered. Johnson: On the average price you are dealing with something that changes daily, did you put anything on your application in terms of a range? (Inaudible) Johnson: $130,000 is what the applicant said. Aguerre: And the application is dated when? Johnson: We received it May 22nd. Aguerre: And as far as water is that something that can be answered here? Johnson: Not specifically, our ordinance requires that anyone that is annexed has to hook • . Meridian Planning & Zoning Commission June 13, 1995 Page 44 up to city services. The other part of our ordinance requires pressurized irrigation. Aguerre: Where is that pressurized irrigation located? Johnson: It normally comes from surface water, it has been an area of contention and I haven't. sit in on any of those meetings recently. I know Shari probably has and it is probably best she comment on that. We have some ongoing systems. There are definitely two schools of thought on pressurized irrigation but it is part of our ordinance. The city at this point is prepared to provide the water. It is being done in various ways. We are drilling new wells which are over 700 feet in depth all the new well we have put in. We have put in temporary lift stations and that sort of thing. If you would comment on the pressurized irrigation and where we stand on that. Stiles: Mr. Chairman and Commissioners the ordinance requiring pressurized irrigation at this time does not require that surface water be used. We do allow existing wells to be used for irrigation only that all other wells would need to be capped. I know Boise city is just changed their ordinance so they do require the use of the surface water and I think that it is probably something that the commissioners and the council are going to need to look at if they are going to allow a shallow well to be dug or to require the surface water use. If they have water rights will serve the property they should use those rights to landscape, but at this point we do not specifically have a requirement that their pressurized irrigation system be off of the irrigation water. Aguerre: Those are my questions and concerns. Hepper: I have another comment to make on that, the Department of Water Resources won't let the developers tap into the aquifer that is between 100 and 200 feet because that is kind of reserve to domestic use. They have to either have a shall well that is less than 100 feet or go down below 200 feet for the pressurized inrigation system. So that somewhat protects that aquifer that most domestic wells are in. Some are higher and some are lower but the majority of them are in that range and that is an attempt to try and protect that range. John Shipley, 2770 South Locust Grove, was sworn by the City Attorney. Shipley: The pressurized irrigation question came up December 1993, some of you council members were here at that time, Mr. Forrey was on the council at that time. Mr. Goldsmith was a little perturbed about pressurized irrigation system, he said Johnson: He was part of a long list. Meridian Planning & Zoning Commission June 13, 1995 Page 45 Shipley: He said, why are you making me do this? The conversation had to do with surface water pressurized irrigation. I live across the street from the well that has been remodeled. Water resources tells me that well can provide up to 23 acres worth of water for subdivisions. The well is about 300 foot from my property from my well. It is about 70 foot from an existing surface water canal. The well has been remodeled last winter some time from a approximately 3 inch pipe to a pipe that is much larger, much larger pump. Water resources says .48 cubic foot per second could be out of that well only. That is the limit. At the present time they are watering the Salmon Rapids Subdivision and when it gets going they will really be watering. They went under the street into section 19, from section 19 they went into Section 20 and they have hooked it up to Los Alamitos. At the time this well was remodeled Mr. Goldsmith had not even filed on the well. The filing was Faye McDermott who had been dead for 7 or 8 years. Her husband Jerry McDermott, there are 2 wells on that property. They water 23 acres of corn or alfalfa with that well. During the summer time occasionally the well would cough and pump a little bit when they run the well for a long period of time. I want to know if I can get some compensation or if somebody will drill my well deeper if it goes down the tubes because they are watering lots and lots of laws and subdivisions out of a well that was re-modeled and at the time they told them to use surface water and it was in this meeting they told them that. There are other people in this meeting that heard the same conversation. Mr. Crookston and I had lengthy conversations over the phone and he sent me the public hearing tapes which have a blank spot at the end where the conversation occurred. As much is said that he don't remember that. Mr. Gary Smith was to check in on it last February, I went with him and he never did get back with me on the situation until I called him and then he couldn't remember that I really called him and talked to him about it. He at that time said he would go out and check the well. Water resources, Mr. Tuthill the head of water resources says he sent me the specifications of how much water could come out of that well and I have atl of that here in this little thing along with everybody in those sections that have a well. I want to know what you guys are going to do about it since it was said in the meeting that he was to use surface water. Johnson: Well, we wouldn't be able to answer that question here. Shipley: Well the well is already in right? Johnson: You tell me the well is in (inaudible) you are asking if you can be compensated if your well goes dry I guess is your question. Shipley: I am just trying to protect myself. Johnson: Those are legal things that have to be worked out and resolved and this body isn't, wouldn't be able to answer that nor do they want to attempt to answer that. If you are • • Meridian Planning & Zoning Commission June 13, 1995 Page 46 having a problem with. Shipley: I am not having a problem. Johnson: You mentioned some things that are a little disturbing like blank tapes and things like that and when you start doing that then I would suggest to you that you do thing in writing and document items so you don't have that problem. Shipley: Well the tape just quit but there are people here that remember that. Johnson: But apparently the staff doesn't. So I am just trying to give you a suggestion here because 1 guess I didn't like the implication that maybe things were purposely being ignored. Shipley: Was that an implication? Johnson: That is they way I read it and maybe I read it wrong because it is late. We can't resolve that at this meeting about your well. We don't have the where with alt or the capacity or the knowledge to do that. Shipley: That is the first problem I've got. There is another problem which is far again away from this problem is all the trash that blows out of that subdivision and collects against fence lines there. Johnson: You are talking new construction or existing homes? Shipley: Brand new homes that are being built and there is a 1 /4 of a pick up truck that is stacked out there in front of the street right now. Johnson: That seems to be a problem with a lot of subdivisions is keeping the trash down when they are being first constructed. Shipley: I don't think that I or anybody else in the neighborhood should have to be the police for those people that are doing that stuff. That is another problem. Johnson: Well, Will Berg gets the calls occasionally on that very problem with new development in particular. The developer is responsible to see that is taken care of. You get wind storms etc. and you know how it goes. Shipley: I know but it has been 7 or 8 days since the last wind storm that come from that direction and the stuff is still there and it hasn't been picked up and we needed to irrigate Meridian Planning & Zoning Commission June 13, 1995 Page 47 so it took a 1/2 hour to clean the ditches. Johnson: What subdivision is that coming from? Shipley: Salmon Rapids, you go over and talk to the workmen over there and they say four letter words at you. We want to have good neighbors. Johnson: You are trying to report those things we have a compliance officer. Shipley: Anybody building a subdivision has got to be a good neighbor too. The fact that that well was altered and he didn't even file and water resources didn't even know. I would like to find out how much water that well is pulling. Johnson: I think that has to be addressed by the City Engineer and the engineering department. Shipley: Well, I already talked to Gary Smith about it and he never did anything about it. Johnson: Okay, I appreciate it, anyone else have anything before Mr. Goldsmith responds? Goldsmith: Thank you Mr. Chairman, I would like to see if I can help there with some issues because it is our intention to provide good compliance with the city and also act as a neighbor in this hand in hand development. We have provided for perimeter fencing nearly the whole section there. That should account for the trash clean up, there is one small piece in there that we can sure put a temporary fence up on it. It is all this area that has been blowing through, it is the first time we have heard about it. We do want to help out here. So we can get a fence put in there until which time the developer would continue on further down Locust Grove carrying a permanent fence. Two fences just don't quite come together there and Mr. Shipley is right there in the corner. So I really have a good plan here on how to take care of that for him. And in regards to the pressurized irrigation that Lydia brought up the intention for us is to serve 1/2 of the Los Alamitos Subdivision and 1/2 of Salmon Rapids subdivision Phases 1 and 2. This is a preliminary plan but we have done all of our calculations on it and everything. These calculations have been submitted to Gary Smith and to the department of water resources. The well is in our name there is no refurbishing of the well. We do have irrigation rights and we are encouraged by Meridian city to go down whatever avenues needed to to get pressurized irrigation put into subdivision that had little to know water rights. We are not exceeding the amount of acres that has been given to this well. There is 22, 23 acres of water rights and when you do your calculations and subtract out sidewalks and such that is how you would come up with the amount of lots that this is to serve. There is a flow meter on the well and once • Meridian Planning & Zoning Commission June 13, 1995 Page 48 again the well has a new pump on it. The casing is the same and that flow meter should be accessible to anyone that wants to look at it. So I have done some work for Gary Smith in this area and have provided him with a letter from the water resources board that clarifies our water rights and also talks about the potential of the transfer across the sectional line and said that they said alright they didn't have a problem with it at least for housing. Also, in clarification of the price on the homes I believe that $100,000 if we are going to pick a number that we need to be held to $100,000 instead of $130,000 would be the number that we need to be paying attention to for the 1400 square foot homes. Johnson: Any questions of Mr. Goldsmith? Anybody else before I close the public hearing? Aguerre: I just have a question, we are talking about phase 3 of Los Alamitos is that correct? Johnson: Yes this is phase 3. Aguerre: Average price of homes on phase 1 and 2? Johnson: I don't have that because it is not on the agenda tonight, do you recall? (Inaudible) Johnson: About $100,000 on those too. Aguerre: My question concerns, I guess in phase 1 I think I attended a public hearing where we talked about the average price of home and I asked the very same question and I think the price of homes was different. How does that vary, why does that vary I guess? Johnson: Well, it is at best an educated guess. We tend more to look at square footage than price of home because you can build a 1200 square foot house that might sell for more than a 1400 square foot house depending on what you put in it. So, I think the common denominator or the most common denominator is square footage. The trim and what you put in it adds to the value. It is not just a matter of square footage times a cost guide because that cost guide will vary many degrees and differences depending on how it is built and what is put in it. So, I guess I would ask you a question, why is that important to you? Why is it important to you that it is $100,000 instead of $130,000 or $125,000 or $110,000? Aguerre: I guess my property value, my concern is and probably the concern of other people that live there you can have a smaller home that is a nicer home and your property a , i Meridian Planning & Zoning Commission June 13, 1995 Page 49 value is really based on those homes that surround you. That is the reason for my questions. Johnson: That is one of the criteria it is not the only criteria but is one that they take into consideration when they do appraisals. Does anybody have any more knowledge on that. Tim is a builder and Tim is kind of our in house expert on that and Tim always talks in terms of square footage. Hepper: On the first 2 phases 1 and 2 there was a 1500 square foot minimum. Typically a 1500 square foot house would run about maybe $115,000 or $110,000 that would be your minimum. He is proposing 1400 square feet in this phase 3 which would be maybe around $105,000 I would guess for a minimum. Aguerre: So what I am hearing then is these homes are going to be a little below the average home as far as quality? Hepper: The footage would be a little bit less in this phase than they are in the first 2 phases. The minimum footage would be 100 square feet less than it would be in the first 2 phases. So therefore the total value of the house would be down just a little bit. Johnson: Does anyone else have anything? I will close the public hearing at this time. We are still on 14 as I recall, annexation and zoning. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on item #14, all those in favor? Opposed? MOTION CARRIED: Alt Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR LOS ALAMITOS NO. 3 BY FARWEST DEVELOPERS: Johnson: At this time I will open the public hearing, do you have any additional comments Mr. Goldsmith? Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attorney. Meridian City Council September 3, 1996 Page 14 . Morrow: Please amend the motion to reflect so. Cowie: Any further discussion? All those in favor of the motion as amended? Opposed? MOTION CARRIED: All Yea ITEM #8: REQUEST FOR PRELIMINARY PLAT EXTENSION OF LOS ALAMITOS N0. 3 SUBDIVISION BY MARTY GOLDSMITH: Cowie: This is again a request for one year. Rountree: I have a question for staff, is this the first request? Stiles: Yes Morrow: I guess the theoretical question for staff is that this is not the phase with which you are having trouble with in terms of the retention pond is that correct? Corrie: Is that correct? Smith: That is correct. Morrow: Let me ask you this are you experiencing any success in getting that problem solved other than just cutting out the side of the bank? Bowcutt: I thought I was going to get away without having to say anything. We did not design the retention pond in that Los Alamitos No. 2, there are two ponds the problem they are is the ground water has risen and it is seeping up through the bottom therefore filling the ponds. The water since it just keeps seeping up obviously doesn't percolate therefore it becomes stagnate, there are odors, mosquitoes and so forth. f have been in contact with the Highway District, I have talked to Shari and I have talked to Gary's staff. We got permission from Nampa Meridian Irrigation District to make an emergency cut into the bank of the Nine Mile Drain to alleviate the problem. We have plans at Nampa Meridian right now being reviewed. I have been in contact with them, Bilt Henson indicates that their engineer Mr. Sharp is lookir~ at those. plans presently. So we are waiting to hear back from him. I talked with Dorel Hanson and Steve (inaudible) at Ada County Highway District I informed them of what we were doing to remedy the situation. One of the complaints is obviously the aesthetics of the ponds and then the situation of this nuisance water. We feel that the overflow outlet to the Nine Mite Drain will take care of the nuisance problem. We have done a drawing which was taken by the clients to the homeowners association meeting about 2 weeks ago which showed some landscaping. We showed now that we ~ ~ Meridian City Council September 3, 1996 Page 15 . have an overflow that we can kind of cut the banks down so we don't have such a, just a big hole, it is more manicured look. The neighbors, my understanding is they are still upset, they want a remedy to this as soon as possible. My answer to them, I sent them a letter that we sent the Nampa Meridian Irrigation District is I can't do anything without proper agency approvals. Until such time as we get approval for this overflow then we can pursue other remedies for the aesthetics for the situation. One thing that has been talked about is just fencing the facility so that it is not visible nor does it create a hazard if a child were to fall in. That was one of their other concerns because of the standing water and I think the slopes on it are 2 to 1 they thought it created a hazard. So we are doing everything we can to try and remedy this situation. Any other questions? Rountree: I have a question Becky, does ACRD have any design standards or criteria for these detention ponds? Bowcutt: Yes Rountree: And this particular one even though the problems it has meets those standards? Bowcutt: I was told that Ada County Highway District approved this design, obviously in order to get their approval on their street plans they would have had to have their drainage approved. The only thing that I don't believe was in compliance is they indicated that if something has a 3 to 1 slope it needs to be fenced, it is mandatory, this facility is not fenced. Rountree: That may be something that we want to talk to ACHD about the next time we meet. (Inaudible) Morrow: Mr. Mayor, I would move that based on Ms. Bowcutt's presentation that we approve the preliminary plat extension for Los Alamitos No. 3 to November 8, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the request for a preliminary plat extension to November 8, 1997, any further discussion? Hearing none all those in favor of the motion? Opposed? MOTION CARRIED: All Yea ITEM #9: REQUEST FOR PRELIMINARY PLAT EXTENSION OF SALMON RAPIDS NO. 2 SUBDIVISION BY MARTY GOLDSMITH: • L~ MERIDIAN CITY COUNCIL MEETING: September 3.1996 APPLICANT: MARTY GOLDSMITH ITEM NUMBER; _ 8 REQUEST: REQUEST FOR PRELIMINARY PLAT EXTENSION OF LOS MITOS NO 3 SUBDMSION AGENCY 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: COMMENTS `~a ~~~ ~~~y~~ ~Qv- ~~,~ `~~ ~°~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~~~~ • RECEI~IED AUG 2 Z X996 (xTY OF MERIDIAN August 16, 1996 City of Meridian Attn: Shari Stiles 33 E. Idaho Meridian, ID 83642 RE: Los Alamitos #3 Shari: The City Council gave preliminary plat :approval for Los Alamitos #3 on November 8, 1995. I would like to formally request a one year extension for the preliminary plat. on this phase of this subdivision. This extension is pursuant to Meridian's Development Ordinance 9-604 (f) 2. Kindly put this application for extension on the agenda for the Council's next meeting. Thank you, !V! ~ 1~-- Marty Goldsmith comss5.wpd X5.50 `~. ate .~oc:9e, .~i/,a.~io 8.~~O.~' ~P08~ 938-97'08 ~~x.• ~~'08~ .1'.J"~Y-37'90 ** TX CONFIRMAT REPORT ** AS OF AUG 22 '~1~10 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 22 08122 14 09 3383790 OFFICIALS WILLIAM G. BERG. JR., City Clerk JANICE L GABS, Clry Treasurer GARY D. SMITH, P.E.. City Engk+eer BRUCH D. STUART, Water Worlw Supt. JOHN T. 6HAWCROFT, Weste Water Supt DENNIS J. SUMMERS, Parks Supt. SHARI L STILES. P 6 Z Adminletretpr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. 80WERS, Fire Chlel W.L, "BILL' CORDON. Police Chiel WAYNE G. CAOOKSTON, JR., Attluney August L1, lyy(i Mr. Marty Goldsmith r'arwest Developers 4550 W. State Street Boise, ID 83703 ROBfiRTA CORRTB M~ Re: Time Extensions Salmon Rapids and Los Alamitos Subdivisions Dear Mr. Goldsmith: SfGllBlClL.mEm8E,8S WALT W. MORROW, PlseltJsrlt RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P A Z GOMMIGCIpN JIM JOHNSON. Chairman TIM HEPPER JIM SHEARER GREt3 OSLUND MALCOLM MACCOY I received your letters dated August 16, 1996 toduyr regarding extensions on the above-referenced projects. For Salmon Rapids No. 2 Subdivision, the Council is only authorized to grant a single extension of one year. Extensions beyond oae yeiir would require that a variance be ganted by the City Council. A formal application for variance would need to be prepared and submitted. Time extensions ofup to one year may be granted by the City Council for Los Alamitos No. 3 and Salmon Rapids No. 3. Each request f'or a time exlQerlsion must be accompanied by a fee of $100.00. When the City has received your check~Dr $200.00, we can place these items on the agenda for the next available Council meeting. Place call if you have any questions. Sincerely, M[DE MINiSEC PGS CMD# STATUS G3--S 00'44" 001 120 OK NUB OF TRElSURE V,9LLEY A Good P~aoe to Live CITY OF l~IERIDIAN 33 EAS? IDAHO MER1DlAlVr IDAHO 83642 Pbone (208) 888433• PAX (Z08) 887.4813 Public WottcslBnildiag De~woeat (208) 887.2211 Moor vrhicWDtivelsLicaua (206) 888-4443 CITY OF MERIDIAi~i Shari Stiles P&Z Administrator ** TX CONFIRMAT~REPORT ** AS OF AUG 22 ' ,4:10 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 22 08122 14:09 3383790 OFFICIALS WILLIAM G. BERG. JR., Ciy Clerk JANICE L. GABS, Cly Treasurer GARY D. SMITH, P.E.. Cty EngMeer BRUCE D. STUART, Water Works Supt JOHN T. 6HAWCROFT, Waste Wafer Supt DENNIS J. SUMMERS, Parka Sup. SHAM L. STILES, P 8 Z Adminlpyatpr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. Ei01NERS. Fire Chlel W.L. "alLl' GOROON. Pobca C)tial WAYNE G. CROOKSTON, JR., AUomey Augustll, lyy(i Nlr. Marty Goldsmith !''arwest Developers 4550 W. State Street Boise, ID 83703 MODE MINiSEC PGS CMD#I STATUS G3--S .00'44° 001 120 OK HUB OF TREASURE VALLEY A Good Plaoe to Live CITY OF MERIDIAI~Ir 33 EAST IDAHO MBRIDIA.iV, IDAHO 83642 Pbone (208) 8881433 ~ FAX (208) 887.4813 Public Wodcs/Bttildiog Depottoomt (208) 887.2211 Motor vrJrickJDtivtrs r.icross (208) 888.4443 ROBERT A CORR>E Mayor Re: Time Extensions Salmon Rapids and Los Alamitos Subdivisions Dear Mr. Goldsmith: CntrN -1 MEMRFpc WALT W. MORROW, Pre9lderrt RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P A Z GOMMI_cctON JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I received your Letters dated August 16, 1996 today regarding extensions on the abovo-referenced projects. For Salmon Rapids No. 2 Subdivision, fire Council is only authorized to grant a single extension of one year. Extensions beyond one year would require that a variance be granted by the City Council. A formal application for variance would need to be prepared and submitted. Time extensions of up to one year may be granted by the City Council for Los Alamitos No. 3 and Salmon Rapids No. 3. Each request for a time extension must be accompanied by a fee of $100.00. When the City has received your check for 5200.00, we can place these iteals on the agenda for the next available Council meeting. Please call if you have any questions. Sincerely, CITY OF IvJERIDIAiv Shari Stiles P&Z Administrator ~ • Meridian City Council December 19, 1995 Page 79 Tolsma: It has been moved and seconded to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I might further add that I would like to see Mr. Marcum honor his commitment to do the 30 foot and whatever if it helps Mrs. Schelekeway, I do recognize that her property long term will be industrial or commercial or something like that but in the mean time I would like to see it be as pleasant as possible. Marcum: We have already got it re-platted (inaudible) and I told Elaine (inaudible). Morrow: We will hold you to that. ITEM #22: CONDITIONAL USE PERMIT REQUEST FOR AUTOMOTIVE REPAIR AND BRAKE ALIGNMENT SHOP BY DENNIS AND JANET BUTTERFIELD: Tolsma: Is there a representative here for that? Morrow. I move we table this to January 16. Corrie: Second Tolsma: Moved by Walt, second by Bob to table this until January 16, all those in favor? Opposed? MOTION CARRIED: ITEM #23: CC&R'S FOR LOS ALAMITOS SUBDIVISION NO. 3: Crooks#on: I am sorry I didn't bring them with me. McColl: Mr. President, I will just remind Counsel the CC&R's for Los Alamitos No. 3 are about 2 pages long they are just a second supplemental they annexed it. They were sent over to Counsel on November 21st on December 3rd he sent me a letter saying they were fine. He also said the same for item #24 but of course that hasn't been annexed yet so that is probably. inappropriate to act on #24. But we would respectfully request that you act on #23. Morrow: Everything is up to snuff on #23 then? • Meridian City Council December 19, 1995 Page 80 Crookston: Yes Morrow. Mr. President I move that we approve the CC&R's for Los Alamitos Subdivision No. 3. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve .the CC&R's for Los Alamitos Subdivision No. 3, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: CC&R'S FOR SALMON RAPIDS SUBDIVISION NO. 3: Tolsma: So the CC&R's for Salmon Rapids No. 3 need to be tabled. Corrie: So moved Mr. President to January 16. Morrow. Second Tolsma: It has been moved to table the CC&R's for Salmon Rapids Subdivision No. 3 until January 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: BEER/WINE LICENSE FOR JACKSON FOOD STORES FOR 1995: Yerrington: Chief have you finger printed these people yet? Gordon: No sir, I have not had any problem with their application. Yerrington: I move for its approval. Morrow: Second Tolsma: Moved by Max, second by Walt to approve the beer and wine license for Jackson Food Stores for 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: BEER/WINE LICENSE FOR GODFATHERS PIZZA FOR 1995: ~. Meridian City Council December 5, 1995 Page 30 Corrie: Mr. Mayor, I move that we approve the request for temporary extension to August 15, 1996 with no further extensions. Kingsford; You have heard the motion is there a second. Morrow: Yes I will second it. Kingsford: Moved by Bob, second by Walt to extend the temporary office for U.S. Bank until August 15, 1996, all those in favor? Opposed? MOTION CARRIED: 1 Yea, 1 Nea, 1 Abstain, Mayor Breaks Tie. ITEM #18: REQUEST TO TRANSFER BEER AND WINE LICENSES FROM TEXACO TRAVEL CENTER TO JACKSON FOOD STORES: Kingsford: Chief, any problem with that? Gordon: Absolutely not. Corrie: Mr. Mayor, is that his? (inaudible) Kingsford: Yes, is there a motion? Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve of the transfer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: DEVELOPMENT AGREEMENT FOR LOS ALAMITOS NO. 3 SUBDIVISION: Kingsford: Los Alamitos is annexed I believe, the issue with No. 20 would have to be tabled along with the other Salmon Rapids issues. But you do have Los Alamitos No. 3 annexed. Is there any question or discussion on that? Crookston: I did have some comments on that one. I did have some comments on Exhibit B, I am afraid however that what I had marked on is not right where I can find it. Did I bring those down to you Shari? • • Meridian City Council December 5, 1995 Page 31 Kingsford: Do you recall what the reference was Counselor? ookston: It was more comments on Salmon Rapids devel somenchanges tthat I thi k are Cr was on Los Alamitos, excuse me vice versa. There are lust ro riate to their Exhibit B: On number 1 I would like to ce addeto obta Wing bu Id ng app p sentence provide and them d I ke to see a couple of things done, I will read it as I think permits. On number 11 I wo should be done. Construct vehicular bridge across the Ridbon d 9 for one half of theacost it with adjacent property owner across the canal. At minimum e Cit of Meridian is required in addition to any ACRD erform the welPl monitoang with th Y perform this is a new numbered ite and conclus ons of aw.p A new number would be as required in the findings of fact struct and install pressurized irrigation to all lots wither fees adopted by theoCity con number would be pay any development, impact or trans er new number would be dedicate land necessary for road public right of way and Anoth a bike lane. That is all. Kingsford: Bike lane are you talking about bike path along the canal? Crookston: Yes a bike path. 'n sford: Is that something that they would let us do, our en Pthe canalsthe past is they Ki g are oin to allow a bike path alo g said there is no way they 9 9 kston: If that is the way it is, I was referring back to whoaV our ordinance was. If Croo Nampa Meridian is not going to allow it makes sense not to a 'n sford: They have clearly said they are not going to alh doesnt have that license Ki 9 g the Mayor if drains. They have also said they will strin up ement si Wed that he promised them a year ago last August. So I suspect we will agre 9 have that at the next meeting so you won t be looking for work. Crookston: Let us hope so. 'n sford: Mr. McColl, you focused on those prescribed changes, do you have any conflict Ki g with those? (Inaudible) Kingsford: And that is for the record, I don't have my copy in front of me? • Meridian City Council December 5, 1995 Page 32 McColl: Number 11 says construct (End of Tape) this is on Exhibit B of the development agreement for Los Alamitos No. 3, construct vehicular bridge across the Ridenbaugh Canal in coordination with adjacent property owner as suggested by Council then inserting across the canal. It goes on, semi-colon, at minimum bonding for one half of this cost with the City of Meridian is required in addition to any ACHD requirement. That is the one we have difficulty with. Kingsford: If we take bond for that are we going to obligate ourselves to build that bridge. As you were reading that I had some concern about that same thing. Typically we let the highway district deal with those bonds and then construct if there is a default. I am not sure we want to get into the bridge building business. Crookston: The City could, I did not prepare this (inaudible) I thought Mr. McColl did. McColl: No, I believe Shari did. Kingsford: Who do you think prepared it Shari? Gary might have. Stiles: I did prepare that, Marty Goldsmith came into my office and we went over that. The findings do require the applicant to construct a bridge across the Ridenbaugh. ACHD is not on line with the City as far as requiring this bridge. They wanted it in a different location, I keep asserting this is where we want the bridge to connect the school site and to provide interconnectivity between those neighborhoods. So, that was worded that way to insure the City that those funds are in place should ACRD not require a bridge at all. Which they are leaning towards. Kingsford: I guess my concern is we require bonding for half the bridge are those kids going to have to jump across the canal, what is its width? Stiles: Highlands would provide the other half. Kingsford: Does that line up, we don't have a plat from Highlands Ranch. Does that line up with what-they plan to do there? Stiles: Highlands Ranch only showed a pedestrian bridge, but as part of their requirements they were told to put a vehicular bridge there. Kingsford: And so those would line up? Stiles: Hopefully. Our problem is that no site plan has been done on that school site which would really pin down the best location for the bridge. ' • • Meridian City Council December 5, 1995 Page 33 Kingsford: I Council amenable to that being in the City until such time as agreement is reached with ACHD which the bond be transferred to them? McColl: Mr. Mayor our objection is to paying for any part of this bridge. Kingsford: Oh, well that is tough buns. McColl: If I could just be heard briefly on this? This bridge is not on Los Alamitos property at all. The development agreement in plain reading requires us to construct a bridge on somebody else's property. It doesn't benefit the Los Alamitos property, what it does is connect the Highlands Ranch subdivision to the school We are already right next to the school. We don't want the bridge. We submitted a preliminary plat that was approved that showed a stub that if when the road left our property and onto Highlands it would go along Highlands for I don't know how long, 200 yards and then would bump into this Ridenbaugh Canal. We did that because the Council requested us to do so. At the public hearing the testimony from ACRD was they did not want that stub out, it should be a cul-de-sac, it should not be a bridge there. The bridge had already been planned as much as it could be planned another, 1/4 mile further on Ridenbaugh. Not only does this bridge not include our property nor would that other one involve our property. But because your Planning Director felt very strongly that the kids living in Highlands Ranch should be able to have vehicle access to this school, she suggested that we continue with our stub out so we did. The findings then went one step further and talked about making some general arrangement with the neighboring property owner for the construction of this bridge. Now we have the development agreement telling us to pay for a bridge on somebody else's property. I understand that the Council and their annexing and zoning can make reasonable requests on a developer. Give us some land for a school site or a park site. Give us some land for a well site, but I think asking this developer who is already building 2 bridges on his own property to pay for any portion let alone half of a bridge on the other developer's property that will primarily benefit the other developer is not A justified by the record, it is not even consistent with the findings and I don't think it is fair. We did what you asked us to and that is to make the plat with the stub out so that in the future it was decided by you and or ACHD that is where the bridge should go they can come across their property and hook up to our subdivision. That is fine but I think our responsibility stops at that point. So I would respectfully request that the development agreement limit itself to requiring us to stub out to the neighboring property. Kingsford: How far is that from the canal? McColl: I don't know, the other problem with the bridge there quite frankly, it then crosses Highlands Ranch this triangle that we talked about is the very piece of property that the Council wanted Greg Johnson to donate. This road is going to go right across that piece ',, • Meridian City Council December 5, 1995 Page 34 of property. Arguably it is not a very good piece of property but that is what you were going to ask Greg Johnson to donate for the school and park it is going to bisect that piece of property. It is going to render that piece of property that you all had your heart set on for a school and park to be useless. ACRD is saying put the bridge somewhere else. Again, we don't care that much, we will put the bridge there if Shari really feels strongly about it and there are good reasons for it because it does make Highlands Ranch accessible to the school site. But it ought not to be on our nickel. Corrie: Mr. Mayor, I would like to visit with you again Shari later on this one because the way I understood it we need some access another access for emergency and everything else across that canal in those 2 places. Which brings up a point and I am confused here now where it should go. What you said at the time I think it made sense and then what he is saying also makes sense. So I would like to sit down and look at this because somewhere along the long we are not making the connection in the right place. Maybe we are and maybe we aren't I don't know. I can't tell you anything I don't have anything in front of me. McColl: There is planned a fire station and a high school over on Eagle Road. If the bridge that you are arguing in favor for is in place that would make transport from the high school and the fire station to our subdivision more direct than the bridge where ACHD wants to put it. There is no question, I think an argument can be made for putting the bridge here, ACHD doesn't want it. We don't much care, but we don't think because it primarily benefits them that we should pay for it. It is not even on our property, you can't sign a development agreement obligating us to construct something on somebody else's property. Morrow: Mr. Mayor, I have a question of Shari and or Gary or both, the question here is we are struggling to get this ground for spark/school site. Does this stub out in this bridge in fact cut the use of that property? Stiles: Councilman Morrow and Council, I think that with what exists there now is not desirable anyway. The school is very concerned about the length of canal that they will be required to fence as part of this piece. Greg Johnson has indicated he expects the School District to pay for half the bridge. Basically they are giving up property that is not worth much to begin with. I don't believe that the triangle that would be cut off by accessing it with a bridge is of any value to the school district. Morrow: Show me the triangle please? Stiles: It doesn't line up with what Los Alamitos has given, it is going to be a problem for the school district. • • Meridian City Council December 5, 1995 Page 35 Kingsford: Shari though, it was my understanding the school district is very concerned about being able to purchase in Highland Ranch, does that affect this issue too? They were talking about a school site purchase in Highlands Ranch. Stiles: That is the high school. Kingsford: How does it relate to this? Stiles: It is on Eagle Road. Kingsford: Okay Stiles: Also where the Ada County Highway District has proposed the bridge be built is going into the Griffin property and I said fine if it goes into the Griffin property we would still expect this other bridge to be built because this is where the development is taking place. We don't know how long it is going to be before that 160 acres to the north develops and when there will be any kind of a connection there. Also, Mr. Griffin has indicated that there is a High School site on Eagle Road. He does not want any kind of a connection into his property from the High school. Kingsford: Well, I can understand that working at one of those places. McColl: To bring you all up to speed on what all is involved, our original plat showed this stub out and then changed the plat to put a cul-de-sac because ACRD said we don't want a bridge over the Ridenbaugh Canal here. Shari said yes we do so we changed that to a stub out. This is the property that we are giving to the school district, this is the property earmarked for Sundance to give to the school district. This is the property earmarked for Highland Ranch of Greg Johnson to give to the school district, this is privately owned. That is what the school/park site would involve. If the bridge goes across here it will have the benefit of accessing Highland Ranch to the school It is my understanding from Karen Gallagher of ACRD that she would prefer the bridge to be up here going into Mr. Griffin's 80 acre parcel. Your Planning Director rightly says you are a lot further along here let's go with something that we have. That is her argument. We don't know what is going to happen up there. So we don't again have any difficulty earmarking it for there it is just a question of if it is going to be there why should we have to pay for it and how do we even Kingsford: In that triangle that you are showing there does that belong to Johnson now is proposing giving that. And he also controls on the other side of the ditch. McColl: Highlands is, this majority, this would be, this is not a great gift frankly from Mr. Johnson. I don't think he can get much use out of this property anyway. So he says I will Meridian City Council December 5, 1995 Page 36 give this to the school district, as long as Marty pays for half of the bridge and the school district pays for the other half. At that point we respectfully draw the line. Kingsford: Other questions of the Council? Corrie: Mr. Mayor, I guess looking at that how can we expect him to do it? Kingsford: I think we could if we were the Highway District and talk about doing off site improvements. But I agree with you I don't see how we could ask somebody to do something on property they. don't own. Morrow: I think from my perspective what is fair is fair. It is not fair to expect them to pay for a bridge that is clearly not on their property. Ultimately the argument is that the property benefits because of access. It has some benefit in terms of potential response time for emergency vehicles. But the other side of the coin is I think historically we have indicated by virtue of whether they be of road right of ways or sewer and waters that it to and through and your property line is the extent of your responsibility. 1 think that clearly in this case that is an issue. Kingsford: Back to the matter at hand your are both suggesting that should be dropped from exhibit B. Morrow: That would be my suggestion. Kingsford: I would entertain a motion to approve the development agreement excluding item 11 from exhibit B and adding the other items that Mr. Crookston has suggested. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the development agreement for Los Alamitos No. 3 excluding item 11 from Exhibit B and adding those items as read by City Attorney to that development agreement. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS NO. 3 SUBDIVISION: Kingsford: Entertain a motion to table the development agreement to the December 19 meeting. • • .. Meridian City Council November 8, 1995 Page 8 Kingsford: Moved by Walt, second by Max to table this issue to the December 5 meeting and advise the developer of the four points that he needs to rectify, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR LOS ALAMITOS NO. 3 SUBDIVISION: Crookston: Mr. Mayor, this Los Alamitos there are three items on the agenda, they all basically deaf one with the other. There has been discussion by the developer pertaining to a lot and since its acquisition of real property I would request that the Council go into Executive Session to consider this matter and ask the applicant to attend. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to go into Executive Session to consider acquisition of property, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: Call the meeting back to order, the Council was discussing in Executive Session a land acquisition, at this time I would ask Mr. McCall to make his proposal to the Council. Crookston: Mr. Mayor, in that reference we are still on the Los Alamitos No. 6 agenda item. McCall: Mr. Mayor and Council, I am the attorney for the developer. This is in reference to Los Alamitos No. 3, the Council has as part of our application for development a proposed preliminary plat that identifies on there a so called school lot. We have prepared a legal description of that as school lot, it constitutes 2.2 acres. In July of this year we entered into a binding contract with the school district wherein the developer agreed to donate that property to the school district upon the school district's wish and they could exercise their wish or their option anytime within seven years. It is our understanding that this was originally the city's intent that the property be deeded directly to the City so that the City could exercise some sort of control to permit an ultimate multiple use for school and park site. We are now not in a position to give the City that deed because of the • Meridian City Council November 8, 1995 Page 9 contract with the school district. So in order to solve this problem we would make the following proposal. That Farw+est Developers the buyer of that property under a land sale contract will in writing contract with the City wherein they would give this 2.2 acre parcel to the City upon the earlier of the school district of the expiration of the reference July option in favor of the school district or the school districts earlier waiver of any rights under that agreement. We also understand that this issue has been sort of tying up the annexation ordinance that was prepared for Los Alamitos No. 3 and has been tying up the proposed findings of fact and conclusions or the amended ones anyway and also the preliminary plat. We hope and request that the Council go ahead and act positively on those assuming that our proposal is acceptable to the Council. Kingsford: Does the Council understand the proposal? Corrie: Mr. Mayor, I move that we accept the proposal as stated. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the proposal from Farwest Developers as stated by Mr. McCall, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nea Crookston: Mr. Mayor, excuse me I made an error in reference to the agenda item, I think it is, the agenda item we were just. on is agenda item 7 rather than 6 as I have it on my notes any way. I'm sorry I have the minutes as the first agenda item so it is number 6. Kingsford: And number 6 should be those amended findings, am I correct, that include what we were just addressing? Crookston: Yes Kingsford: Is there a motion on the amended findings? Corrie: Mr. Mayor, I move that we accept the amended findings. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the amended findings of fact and conclusions of lawfor annexation and zoning request by Los Alamitos No. 3, roll call vote. ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie -Yea Meridian City Council November 8, 1995 Page 10 MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Counselor do you have that? Crookston: I'm sorry I don't in front of me. Corrie: I move we approve of the decision. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #7: TABLED OCTOBER 17, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDIVISION NO. 3 ANNEXATION: Crookston: Mr. Mayor, pursuant to discussions with Brian McCall, the attorney for Farwest Developers I prepared a different ordinance than I had previously submitted to the City, it has one addition. It has a new paragraph under section 2 that states that no building permits shall be issued for this property until the applicant for annexation and zoning, FanMest Developer Inc., has provided to the City a second option after Joint School District No. 2 to obtain by donation approximately 2.2 acres in the Northeast comer of the above described property. Ingsford: I think pursuant to the Council's discussion that vuord option ought to be stricken in favor of deed or contract, pardon me. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 20, T.3N, R1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #713 read in its entirety? Seeing none I would entertain a motion on #713. Yerrington: Mr. Mayor, 1 would move we approve #713 as amended by the City Attorney with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Ordinance #713 with the suspension of the rules, roll call vote. ', • • .- Meridian City Council November 8, 1995 Page 10 MOTION CARRIED: 2 Yea, 1 No Kingsford: Is there a motion on the decision? Counselor do you have that? Crookston: I'm sorry I don't in front of me: Corrie: 1 move we approve of the decision. . Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 No ITEM #7: TABLED OCTOBER 17, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDIVISION NO.3 ANNEXATION: Crookston: Mr. Mayor, pursuant to discussions with Brian McCall, the attorney for Farwest Developers I prepared a different ordinance than I had previously submitted to the City, it has one addition. It has a new paragraph under section 2 that states that no building permits shall be issued for this property until the applicant for annexation and zoning, Farw~est Developer Inc., has provided to the City a second option after Joint School District No. 2 to obtain by donation approximately 2.2 acres in the Northeast comer of the above described property. Ingsford: I think pursuant to the Council's discussion that word option ought to be stricken in favor of deed or contract, pardon me. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE N 1/2 OF THE SW 114 OF SECTION 20, T.3N, R1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #713 read in its entirety? Seeing none I would entertain a motion on #713. Yerrington: Mr. Mayor, I would move w+e approve #713 as amended by the City Attorney with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Ordinance #713 with the suspension of the rules, roll call vote. •~ •. ~ ~ Meridian City Council November 8, 1995 Page 11 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 17, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Does the Council have questions on that? Morrow: My questions would be to Gary and Shari, if all of their conditions have been met? Stiles: I would like to reserve that answer to be that all of our conditions be met. We have received so many different copies of this plat I really don't know which one you are looking at. I suppose you are looking at the one with the stub street. Do you have the one you are acting on before you tonight? Morrow: There was none in our packet in terms of that item. Kingsford: It was in your packet some time before. Has it been changed since the one that we were originally given? Stiles: You were given one that at one time showed that as a cul-de-sac street, but it has since been changed bads to the stub. We probably received four or five different versions within 2 weeks from Roylance. I just want to make sure that as long as the plat complies with all the staff and agency conditions I have no problem with the plat. Kingsford: Gary? Smith: I believe they have responded to my review comments and answered those review comments. The question of the street again as Shari mentioned whether it stubs into that future school site/park site or it is cul-de-sated there I guess that is still a question then. Kingsford: Other questions of the Council? Morrow. Only a comment on my part to our staff is that we have had tremendous problems writh these particular subdivisions in that area. I want to make it absolutely certain that there are no more. And so I guess that is in form of a comment that if in fact we are going to approve this based on the staff conditions I want to make sure that those staff conditions are clearly set forth to the applicant and his attorney and to anybody else that may have input for this subdivision. ... z ~. ~ Meridian City Council November 8, 1995 Page 11 ROLL CALL VOTE: Morrow -Yea, Yen'ington -Yea, Corrie -Yea MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 17, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO.3 BY FARWEST DEVELOPERS: Kingsford: Does the Council have questions on that? Morrow: My questions would be to Gary and Shari, if all of their conditions have been met? Stiles: I would like to reserve that answer to be that all of our conditions be met. We have received so many different copies of this plat I really don't know which one you are looking at. I suppose you are looking at the one with the stub street. Do you have the one you are acting on before you tonight? Morrow. There was none in our packet in terms of that item. Ingsford: It was in your packet some time before. Has it been changed since the one that we were originally given? Stiles: You were given one that at one time showed that as a cul-de-sac street, but it has since been changed bads to the stub. We probably received four or five different versions within 2 weeks from Roylance. I just want to make sure that as long as the plat complies with all the staff and agency conditions I have no problem with the plat. Kingsford: Gary? Smith: I believe they have responded to my review comments and answered those review comments. The question of the street again as Shari mentioned whether it stubs into that future school site/park site or it is cul-de-sated there I guess that is still a question then. Kingsford: Other questions of the Council? Morrow. Only a comment on my part to our staff is that we have had tremendous problems with these particular subdivisions in that area. I want to make it absolutely certain that there are no more. And so I guess that is in form of a comment that if in fact we are going to approve this based on the staff conditions I want to make sure that those staff conditions are clearly set forth to the applicant and his attorney and to anybody else that may have input for this subdivision. • • 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 we approve the preliminary plat for Los Alamitos Subdivision NO. 3 by Farwest Developers subject to all City of Meridian staff conditions, ACRD 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 ACHD 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 we 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 vue even took this back to the Planning and Zoning which was requested by Council earlier this year, we r AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW ~,wlPxoNS (bt) ea.~i PACSIMIL6 (2M) Nt-3!f! ~~~~ ~~~ ~. ~: u ~+ 1995 uawrcr ~ wmnK~ae, ia~u-v..~ JOHN O. FI'IZGBRAtD. PA WAYNR G. CR006S1'ON, ]R, P.A. R7LIJAM J. 3CHWARTL JOIIN O. I?I7G6RAIJ)11, P.A. THI~S~FIRM INCLUDES November 30 1995 Mark Freeman FOLEY & FREEMAN 77 E. Idaho St., Ste. 300 P O Box 10 Meridian, ID 83680 1530 WEST SPATE - P.O. HOX 427 MERIDIAN, IDAHO 83680 CITY ~t ~n~~i,~-lA RE: LOS ALAMITOS PARR\SCSOOL SITE DONATION Dear Mark: I apologize for not informing you that at the City Council meeting on November 8, 1995, the Council in Executive Session to considered the proposed agreement between Farwest Developers, Joint School District #2 Ada and Canyon Counties, and the City of Meridian pertaining to the donation of land by Farwest Developers. The City Council discussed the matter in that Executive Session and upon adjournment of the Executive Session took action on the record. They passed a motion to accept the proposal submitted by Marty Goldsmith. The proposal was that the City of Meridian accept Farwest Incorporated's entry into an Option Agreement with the School District for approximately 2.2 acres of land adjacent to Los Alamitos No. 3 Subdivision, provided that an additional agreement is entered into between Farwest Developers Incorporated and the City of Meridian. That Agreement would provide the City with a second option on the land to have it donated to the City if the School District did not exercise their option on the land. Would you please request Brian McColl, Attorney for Farwest Developers Inc., to prepare the second option and forward a draft to me and yourself as soon as possible. ~Iery tru~ljy yours W // - , WA~'~.i~G. CROORSTON, WGC/jld cc: Meridian City Clerk :7 . ORDINANCE NO. 713 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of Locust Grove Road, North 00°44'49" East a distance of 2654.68 feet to a found 1" square bar monumenting the northwest corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line South 00°44'49" West a distance of 247.50 feet to a point, thence leaving said westerly line North 89°57'31" East a distance of 264.15 feet to a set steel pin, thence North 00°42'42" East a distance of 247.64 feet (formerly North a distance of 247.50~feet) to a set steel pin on the northerly line of said Southwest 1/4, thence along said northerly line North 89°55'41" East a distance of 1321.93 feet to a set steel pin, said steel pin being the POINT OF BEGINNING. Thence continuing along said northerly line North 89°55'41" East a distance of 1078.51 feet to a found brass cap monumenting the northeast corner of the Southwest 1/4 of said Section 20, Thence leaving said northerly line and along the easterly line of said Southwest 1/4 South 00°23'51" West a distance of 669.37 feet to a found steel pin, Thence leaving said easterly line North 89°59'46" West a distance of 54.93 feet to a found steel pin. ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 1 • • Thence South 40°23'15" West a distance of 174.00 feet (formerly South 39°36' West a distance of 174.02 feet) to a found steel pin, Thence South 34°42'04" West (formerly South 33°56'30" West) a distance of 86.20 feet to a found steel pin, Thence South 31°18'28" West a distance of 10.66 feet (formerly South 34°42'22" West a distance of 12.00 feet) to a found steel pin, Thence South 39°04'17" West a distance 9.45 feet (formerly South 39°11'22" West a distance of 8.41 feet) to a found steel pin, Thence North 89°56'41" West (formerly North 89°57'08" West) a distance of 928.87 feet to a set steel pin, Thence North 00°04'00" West a distance of 167.59 feet to a set steel pin, Thence South 89°12'00" West a distance of 5.15 feet to a set steel pin, Thence North 00°04'00" West a distance of 124.60 feet to a set steel pin, Thence North 89°37'00" East a distance of 8.52 feet to a set steel pin, Thence North 00°04'00" West a distance of 136.11 feet to a set steel pin, Thence North 89°55'00" East a distance of 46.28 feet to a set steel pin, Thence North 00°04'00" West a distance of 163.53 feet to a set steel pin, Thence North 89°55'00" East a distance of 16.25 feet to a set steel pin, Thence North O1°16'00" East a distance of 131.60 feet to a set steel pin, thence North 89°55'00" East a distance of 15.38 feet to a set steel pin, thence North 00°05'00" West a distance of 163.44 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 2 • • 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 meet the following requirements: a. That the Applicant is required to connect to the Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the subdivision of the requirements of 11-9-605 C, G 1, H 2, R, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the Applicant shall obtain approval from the City for all equipment, method and means to perform well monitoring and shall perform the monitoring bi-weekly during the month of April, May, June, July, August, September and October. e. That the Applicant shall approach adjacent land owners and obtain permission to monitor their wells and that two (2) such adjacent wells shall be monitored on the same bi-weekly schedule. f. That such monitoring shall continue until wells are no longer used for pressurized irrigation and shall also be addressed in the Development Agreement. g. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. h. The requirements and conditions of the Findings of Fact and Conclusions of Law, which includes minimum house sizes of 1,400 square feet and meet the Ordinances of the City of Meridian. i. That no building permits shall be issued for this property until the Applicant for annexation and zoning, Far Wesrt, D ~v,~e,~Ppe~s, Inc. , has provided to the City a second a~~~:e~;' after Joint School District No. 2, to obtain, by donation, approximately 2.2 acres in the northeast corner of the above described property. ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 3 • • Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 8th day of November, 1995. APPROVED: MAY -- GRANT P. RI RD \`~~~~~~~tnitrrrrr~~ .~~`',~ Of ~~~i ''~% .~ ~`r~~Ol~r~O ~ ~~ ... _ ~.~ s~L WILLIAM G. BERG, -- CITY CLERR 9, "' ~. ~. ~~rrrrrni~ nt~~~'~~~ ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 4 • STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN TAE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 713 , by the City C uncil and Mayor of the City of Meridian, on.the day of ~~~ , 1995, as the same appears in my office. DATED this .j~' day of ~~''~e~/~~- 1995. City Clerk, Cit o~ M dean Ada County, Ida o_ ,,, 9p GSr tsi . 1, ~,~ STATE OF IDAHO, ) ,,~ q ~p ~~. County Of Ada, ) ss • ~''%,~~UN tT,Y';````````~~ On this ~ day of undersigned, a Notary Public appeared WILLIAM G. BERG., JR. name is subscribed to the w~ acknowledged that he executed ~OvP~ ~t~ , 1995, before me, the in and for said State, personally known to me to be the person whose .thin and foregoing instrument, and 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. ~~. ~ q ' SEAL ~ >~ SOT AIQ y ~~' -~ AVB1.~G *: ,~` O ~` y Public for Idaho ing at Meridian, Ida o ssion Expires: ANNEXATION ORDINANCE - LOS ALAMITOS #3 Page 5 • • JEFFREY M. WILSON DEBRHA JO CARNAHAN BRIAN F. MCCOLL STEPHANIE J. WILLIAMS' ~ADMITT6D IN IDAHO ANO OREOON WILSON, CAI3NAHAN & MCCOLL LAWYERS 420 WEST WASHINGTON POST OFFICE BOX 1$44 BOISE. IDAHO 83701 POST OFFICE BOX 321 ONTARIO. OREGON 97914 TELEPHONE (20 B) 34$-9100 ~ IDAHO ($03~ BB1-1100 ~ OREGON FACSIMILE (205 354-0442 October 19, 1995 Will Berg Clerk of the City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 RE: Los Alamitos No. 3 -School Site Issue Dear Will: 0 ~ r 2 3 1995 Ci'd'Y OF MERIDIAN Enclosed please find six (6) copies of a Memorandum to my client's file that I have prepared based on researching my files on the school site issue. Kindly make one copy available to the Mayor and each Council member. Thank you. Yours s BFM/rj Enc. ~~/i c.c. Marty Goldsmith Wayne Crookston • ~f. ~.~ S ~ ..., C 4_ r ~ ~ ,._~:_~ MEMORANDUM ` fi ~ . • `s t ~ -~: ~~ TO: GOLDSMITH FILE SUB 32 FROM: BFM DATE: OCTOBER 18, 1995 RE: OCTOBER 17, 1995 CITY COUNCIL MEETING 1. The Council passed the Supplemental CC&R's for Los Alamitos No. 2. 2. The Council further amended the Findings of Fact and Conclusions of Law for Annexation and Zoning for Salmon Rapids No. 3 to reflect: a. The Developer will construct a 120 foot guardrail on the west side of Locust Grove; b. ACHD testified and they will provide the materials; c. Although ACHD did not require a bond, a bond will be required; d. ACHD will inspect the guardrail. 3. Council went on to a motion on the decision to accept these amended Amended Findings of Fact directing the City Attorney to prepare an Annexation Ordinance. 4. The Preliminary Plat for Salmon Rapids was adopted at 1,400 square foot houses subject to all staff and ACRD conditions. 5. The Los Alamitos No. 3 Annexation Ordinance was again tabled as we were unable to provide the City with a Deed to the school site. Mayor Kingsford, Councilman Morrow and Councilman Corrie all maintained that the City had made clear that this property was to be deeded through the City not through the school district to be held by the City as a potential park/school site. I told him that this was news to the developer in that the developer had merely tried to accommodate what he believed to be the City's wishes by entering into a contract with the school district to donate the property to the school. I further told him that it was now impossible to deed this property to the City in view of the school's exclusive option rights on the property. MEMORANDUM TO FILE -- 1 i ~ A preliminary search of the file on the school site issue revealed the following: 1. March 15, 1994. Annexation Ordinance (Phases 1 and 2) passed. At the Public Hearing on the Annexation and Zoning and Preliminary Plat Application for Los Alamitos there was extensive public testimony and extensive questioning by council, however, there is no mention or questioning by anyone in the minutes, public or Council, on the school site. On the motion to approve the annexation and zoning, the City Attorney is directed to prepare an Annexation Ordinance stipulating that the areas spoken to at the meeting will be addressed in a development agreement. 2. April 5, 1994. Ordinance No. 640 (Annexation Ordinance) executed. Although the Annexation Ordinance makes no mention of the school site, it does require that the FF&CLs be complied with. One of the conclusions in P&Z's FF&CLs is that the applicant enter into a development agreement and that the development agreement address the comments of the planning director Wayne Foray, which comments were: "that the plan indicates an elementary school site is needed west of the subdivision near the center of Section 99 and that there may also be a need for an elementary school site near the center of Section 20; that as a condition of annexation, a development agreement will be required which will include an in depth analysis by the Meridian School District and the Meridian Planning Director to determine the amount of land set aside in the north east corner of this project for a future elementary school/park site." 3. April 4, 1994. Preliminary Plat approval (Los Alamitos Phases 1 and 2) given by City Council. 4. May 17, 1994, Final Plat Hearing. At this hearing the final Plat was tabled with the City Council requiring that a development agreement be prepared. This may be one of the first times the City Council had required a development agreement, under their Ordinance, and certainly the first time that Marty had heard of the requirement for a development agreement. Reading the minutes of this meeting, it would appear that the Council was reluctant to have the Plat move forward to final Plat approval without getting three issues nailed down: well site, school site and fence. The comments on the school site were: MEMORANDUM TO FILE -- 2 • Morrow: "Okay, then item 5, dealing with the City's understanding that the applicant was providing a well site and working with the school district to provide a three acre school site, there are some conflicts going on here with respect to whether the well site is going to be provided or a pressurized irrigation waiver is going to go there. Apparently, none of that has been resolved of yet. Is that correct?" Stiles : "I believe he is going to do the well site, you still have to decide on the waiver. It was Gary's understanding and from reading all the minutes it was always donated. Now we have received the letter from Mr. Goldsmith that you have in your packet requesting reimbursement and also talking about the park/school site. This is another one that requires a development agreement. Later, as part of a quote from Mr. Morrow: "There are also some different positions in terms of the three acre school/park issue of ground." Then the Council went on to deny the pressurized irrigation system waiver and to table the final Plat to: "give the staff and Mr. Goldsmith the opportunity to get the development agreement up and before us for the next City Council meeting so that we can address all of the issues, and hopefully, there will be a resolution of the well lot issue and on the three acre school issue prior to that time so we have a proposal that has all these things covered and we can base our decision on that proposal." 5. June 7, 1994. City Council Hearing on Final Plat Approval. After the 5/17 hearing, we prepared a Development Memorandum and got the final Plat put on the June 7th hearing. I went to that hearing and Sherry indicated that we had submitted a memorandum agreement. Based on that, the final Plat was approved. In that Development Memorandum, paragraph 4.2 states: "with respect to the referenced three acre school site, the developer has and shall continue to negotiate with Meridian School District, granting to such district, the right to acquire the referenced school site." MEMORANDUM TO FILE -- 3 • This Development Memorandum was submitted to Sherry Stiles, signed by Farwest Developers (I think - file copy is not signed), not signed by the City and used by Sherry Stiles at the June 7th meeting to facilitate the Council' s vote to approve the final Plat . We need to get a copy of the June 7th minutes to see what language, if any, was used in terms of possibly adopting this development memorandum. 6. June 12, 1995. Farwest Developers, Inc. and joint School District No. 2 entered into a binding exclusive option to the school district to accept by donation a 2.2 acre school site. 7. In November and December, City Council was holding up signing the final Plat pending the execution of a development agreement. By this time, the City had prepared a form development agreement. Exhibit "B" of the 10/26/94 draft, reviewed by Wayne Crookston on 12/1/94, leaves in tact provision number 11 which states: "make available to the Meridian School District a 2.3 acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision." 8. December 6, 1994. City Council Hearing for the purpose of taking up approval of the development agreements on Los Alamitos and Salmon Rapids. This is the hearing that I attended and argued for removal of donating the well site as a provision in the development agreement for Los Alamitos on the theory that the record established that donating the well site was always intended to be in lieu of putting in a pressurized irrigation system and that when the City Council denied the request for a waiver of the pressurized irrigation system we were no longer bound to donate the well site. I was not successful in this regard and the development agreements drafted by the City stood, basically ready for Marty's signature if he wanted to get his final Plats signed off on. We had this confrontation with the City despite the fact that Marty had gone ahead and signed the 10/26/94 draft. The final development agreement was drafted by the City 12/5/94, dated December 6, 1994, to correspond with that meeting, and signed by Marty on February 5, 1995, and by the Mayor February 13, 1995. Exhibit "B" to the development agreement, paragraph 11, states as follows: "make available to the Meridian School District a 2.3 acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision." MEMORANDUM TO FILE -- 4 • • 9. June 13, 1995 was the P&Z Public Hearing on the request for annexation and zoning of Los Alamitos No. 3. Stiles testified on page 42 concerned about access "to the school." Stiles written comments dated June 8, 1995, attached to that records, state in paragraph 13: "the comprehensive plan indicates that a school and park site is needed in this section. Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing." These written comments were included in the Findings of Fact and Conclusions of Law prepared as a result of the June 13, 1995 hearing that were signed of by the P&Z commissioners on 7/11/95. The FF&CLs also make referee that the applicant has submitted an application for a preliminary Plat. That proposed preliminary plat shows the area in question as a "school lot." 10. July 11, 1995. P&Z entered their decision and recommendation, recommending to the City Council approval of annexation and zoning of Los Alamitos No. 3 consistent with the FF&CLs. 11. July _, 1995. Development services staff prepared facts and findings, probably in conjunction with the submittal of the P&Z recommendation to City Council. Apparently, there was a development services meeting, with Meridian City Staff and School District Staff and the developer of Highlands Ranch. Nobody from Farwest Developers was there. Although the Meridian Staff wanted to extend the Los Alamitos culdesac over the Ridenbaugh Canal and into Highlands Ranch, everyone else at the meeting thought that the Ridenbaugh street crossing should be further to the east providing access to the school/park site and tying into Shelby Street in the Sundance Ridge Subdivision. The staff findings also note that the applicant is proposing a non-buildable lot to be used as a twenty foot wide corridor to the proposed school site. 12. August 15, 1995. This development services staff report together with P&Z's FF&CLs and all agencies' comments were presented to City Council at the first hearing (probably public hearing) for annexation zoning and preliminary plat approval for Los Alamitos No. 3. I was not at that hearing. I do not know the outcome. We need to check the minutes to see if there is any discussion of the school site. 13. September 5, 1995. This was the hearing that Ken Henderson attended in which amended FF&CLs were submitted. They were approved, and as articulated by Councilman Morrow in the motion on the decision they were subject to: "evidence of transfer of school site property must be given to the prior or obtaining building permits for housing." The motion to approve the decision MEMORANDUM TO FILE -- 5 .., ~ ~ on annexation was passed followed by a motion to have the city attorney prepare an annexation and zoning ordinance, which was passed unanimously. The motion by Morrow is the extent of any reference to the school site. 14. September 19, 1995. All agenda items involving Marty Goldsmith including the prepared annexation ordinance were tabled. 15. October 3, 1995. This is the hearing that Marty attended and I was not there and we do not have the minutes from, but that Marty reported that the City wanted the school site deeded directly to them. This is the first time the procedure of passing the deed for a future school/park site through the City has ever come up that I could find. In a post hearing conversation with City Attorney Crookston, he advised that to the best of his knowledge the City has not made any similar arrangement with the other bordering developments for the donation to the City or other acquisition by the City of school/park property. The school district's attorney has advised that to the best of his knowledge there is no case in which the City has any rights in any school location property. I have advised Wayne Crookston that we believe the concept of multiple use to be a sound one and would be prepared to do anything we can to help the City negotiate with the school district to obtain some sort of joint use agreement. To this end, I have set up a meeting for Friday, October 27, 1995, with the school district attorney, Wayne Crookston, and myself. The district's attorney is going to try and have Dan Mabe there. You should be there as well. I also offered to share this Memorandum with Wayne Crookston and am sending him a copy. MEMORANDUM TO FILE -- 6 • • Meridian City Council October 17, 1995 Page 13 Kingsford: Moved by Walt, second by Ron to approve the preliminary plat for Salmon Rapids Subdivision No. 3 conditioned upon all the staff requirements being met and ACRD requirements being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: TABLED OCTOBER 3, 1995: RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: Kingsford: We have received a request from Hubble Engineering the applicant's engineering firm requesting a deferral of that to the November 7 that should be the November 8 meeting. Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron, second by Max to table this until the November 8 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED OCTOBER 3, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDIVISION NO. 3 ANNEXATION: Kingsford: Does the Council have any question about that at this point? Counselor, would you took (Inaudible) do you recall? Crookston: Yes I do, that was tabled in this case regarding the school site that was referenced in Salmon Rapids that was not in Salmon Rapids, but it was tabled to obtain a deed for that site. It is a park and a school site. McCall: Thank you again Mr. Mayor, I can update the Council on the status of the school site, park/school site. It is approximately 2.2 acre piece that sits on the extremity of this phase that we are now requesting annexation for. I think actually back in early September the Council passed the findings of fact, recommended annexation and asked the City Attorney to prepare annexation ordinance. This school site, it was always the developers understanding that if we could accommodate the Meridian School District with this school site they would be happy and this Council would be happy. As a result of that in July of this year we entered into a binding contract with the Meridian School District No. 2. The terms • Meridian City Council October 17, 1995 Page 14 of that contract identified by legal description is approximately 2.2 acre parcel, we had it served. It gives to the Meridian School District an exclusive unrevocable option to have this school site donated to it. That option runs for 7 years. I sat down with the attorney and with Dan Mabe, and Dan Mabe explained to us that there were several conditions why they did not want to take that property at that point in time. Number one is that this property has to be merged up with three other parcels that he has to acquire from three other developers. Secondly they obviously. don't have the bond for it. Thirdly they don't know what the course of development is going to be obviously we are in front of you right now seeking development that will push the improvements of sewer and water out to that property. They don't want to be in a position of having to put the sewer and water out there if for example the Council doesn't approve phase 3 or doesn't approve Mr. Johnson's development or whatever. So the terms of that binding agreement which indicate that at any time within the next seven years upon a one paragraph written notice of election we deed it over to them. So, when I heard from my client at the last meeting that there was some request that we actually execute the deed today or maybe before development it was of some concern to me because it really interferes with the contractual relationship that we have already negotiated with the school district. That is their wish, we can't force that property on them, on the other hand they have the absolute right from us to take it. Morrow: Mr. Mayor, I wish to address this situation, Mr. McCall, it was clearly spelled out by myself at the start of this process that none of those properties were to be deeded to the school district, that was clearly understood within these chambers when that process started. The property is a school/park site to be used by either or and the City would be the recipient of that ground so that it could be put together, in conjunction with the other three parcels In that manner the City could determine the manner of development of that property. It is my intent (End of Tape) that ground never go into the situation that you are describing, the control of that ground belongs with the City and the City will jointly with the school district if the decision is made to put in a school at that site, put in a school combination park site. If the decision is made not to put in a school at some point in the future then all of that ground will become a park site. That was the intent of the requirement from the very beginning. Your client here has obviously missed that, over looked it or chose to do it in some other manner. But that is clearly my intent in terms of requiring the deed prior to the execution of the annexation agreement so that it can be filed upon approval of the final plat. McCall: I am absolutely flabbergasted here at this time because prior to tonight at least from client, as what my client communicated to me because we sat down with the school board and I was a couple of other meetings, we were only doing this, we were primarily doing this to accommodate the City Council because the City Council wanted a commitment from us. Had I known that the City Council was to be a co-beneficiary if you will of that gift we would have not proceeded in the fashion that we did. It is not a • • Meridian City Council October 17, 1995 Page 15 significant consequence to my client whether this property goes to the City or whether the property goes to the school district. It was identified on the plat as a school site and I understood from him that we had to make progress on this. We could go back now, the school district has the exclusive option on it, that is a done deal unfortunately. We could go back and get a secondary option to the City, that is in the event the school district does not take down the option the property would be donated to the City for a park purpose. Quite frankly I think there is additional property in the other contiguous parcels that are also going to be subject to whether there is a school in there or not. And so there would probably be additional property available for a park. There is no difficulty in us getting a secondary option but we can't go bads to the school and take away from them what is now legally theirs. I apologize, I was not familiar with the Council's wishes on that. My client who 1 meet with regularly and talk about these matters in a lot of detail had never, I never heard the word park (inaudible} raised before. Kingsford: It is clearly in our minutes Counselor, all along there are probably 3 or 4 different times it was referenced, that the deed should go to the City. Morrow: And clearly for the sake of consistency here, with everything that we have done as a City Council over the last two years that I have been involved we have required deeds from whoever may be developing something for those types of sites. We are doing that with the golf course properties. We are being consistent with fire stations or well lots or school/park sites or park/school sites. And so I think we have a problem here, this is not an issue that I am willing to back off on. McCall: If I can understand that the Council's position is however is that it be a multiple purpose piece of property or is it that it be a school site but in event that the school doesn't want it then it be available for a park. Morrow: That is not the purpose at all, it is a purpose of being a combination of both and to have maximum flexibility so that either the Council or the school or both can jointly develop it and do that upon their time frames that they may wish to do it. So the very option is that the deed come to the City with no restrictions from my point of view. McCall: I understand it, I will have to go bads and look at the record myself to see how that mistake was made. At this point in time given that the school district for whatever reason, oversight or attach any motives that you wish to it, I assure you there was no ulterior motive. Given that option belongs to the school district is it the Council's wish that we try and negotiate to undo that? Morrow: It would be my wish, but I don't speak for the other people. . .. • • Meridian City Council October 17, 1995 Page 16 Kingsford: What is the Council's pleasure on that? While you are thinking where are we at with the well lot, has that deed been, I am not aware of it having shown up at City Hall, it may have I am not aware. McCall: I haven't prepared it. Kingsford: It probably hasn't shown up then. -That was one of the conditions as well I believe. Smith: Mr. Mayor, we did receive a deed for a lot, unfortunately it had the wrong lot and that is being redone. The revised deed has not come back to City hall. McCall: As I say I didn't prepare it. Kingsford: What is the Council's pleasure? Cowie: Mr. Mayor, I agree with Mr. Morrow and I find it difficult that he didn't understand that because we went back and forth for almost an hour trying to figure which was subject to a deed and the ordinance and what have you. He stood there and I hard that he didn't understand it either and I am not saying that he didn't. I would suggest that you go back and we will put it in a motion if you so desire, that you get the school system to rescind on that agreement and come back with it the way the Council it earlier. Kingsford: If I understood you correctly too, you are talking about a seven year life on that, if they don't option that in seven years then does that go back to the developer? McCall: That is correct, in others we were prepared to donate it to the school thinking that quite frankly is what you all wanted, but Dan Mabe said no. I don't know when they are going to pick up the other ground or whether this development will go forward. Kingsford: That was our logic for having it come to the City and we are coordinating with those other three properties and (inaudible) handle on insuring that the other three properties do come around. l certainly concur with the Council that we ought to have that for the City and we have no problem working with the school district. (Inaudible) next seven years or not. The school site would then be available. McCall: So, it would be, this particular property will not be annexed unless the developer deeds to the school deeds to the City Council this particular piece of property that they have already optioned? Kingsford: I think that goes back if you look in our minutes that was our request then. R ~ Meridian City Council October 17, 1995 Page 17 McCall: But I am just trying to get a fix on, a month ago there was I believe action by the Council going ahead with the annexation, suggesting that annexation ordinance be prepared. So I understand where we are, we are now holding it up for the failure of the developer to deed this property to the City. Kingsford: I believe the well lot should be there as well. I think that, that is in a different part, but I think the ordinance even spoke .to that deed as being a requirement for annexation. It has been a little while since I have looked at this. At any rate our minutes clearly required that. McCall: I do have those minutes from the last meeting in front of me. Kingsford: What is the Council's pleasure? Mon'ow: I would move that we table item 9~the annexation ordinance #713 for Los Alamitos Subdivision No. 3 annexation until this issue has been resolved favorably. Tolsma: Second Kingsford: It has to be to a date certain. Morrow: Well, let's try November 8 and we can keep tabling it until it is resolved favorably. Kingsford: Moved by Walt, second by Ron to table the annexation ordinance #713 until the November 8 meeting pending resolution of the deed on the park/school site, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: Just so the Council is aware that at least my source of confusion the Council minutes on September 5, in which the annexation was approved by Council and a motion on the decision approved by Council and a recommendation to City Attorney to prepare the zoning ordinance. The language from Mr. Morrow indicated evidence of transfer of school site property must be given prior to obtaining building permits for housing. So, at least at that point in time the feeling of the Council was that we had to have evidence of transfer of the school site property. I believe that to be a transfer to the school district. Kingsford: I think you will find in proceeding minutes we spoke about it being to the City Council ITEM #10: TABLED OCTOBER 3, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS • • ~~ ~ Meridian City Council October 17, 1995 Page 17 McCall: But I am just trying to get a fix on, a month ago there was I believe action by the Council going ahead with the annexation, suggesting that annexation ordinance be prepared. So I understand where we are, we are now holding it up for the failure of the developer to deed this property to the City. Kingsford: I believe the well lot should be there as well. I think that, that is in a different part, but I think the ordinance even spoke, .to that deed as being a requirement for annexation. It has been a little while since I have looked at this. At any rate our minutes clearly required that. McCall: I do have those minutes from the last meeting in front of me. Kingsford: What is the Council's pleasure? Morrow: I would move that we table item 9 the annexation ordinance #713 for Los Alamitos Subdivision No. 3 annexation until this issue has been resolved favorably. Tolsma: Second Kingsford: ft has to be to a date certain. Morrow: Well, let's try November 8 and we can keep tabling it until it is resolved favorably. Kingsford: Moved by Walt, second by Ron to table the annexation ordinance #713 until the November 8 meeting pending resolution of the deed on the park/school site, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: Just so the Council is aware that at least my source of confusion the Council minutes on September 5, in which the annexation was approved by Council and a motion on the decision approved by Council and a recommendation to City Attorney to prepare the zoning ordinance. The language from Mr. Morrow indicated evidence of transfer of school site property must be given prior to obtaining building permits for housing. So, at least at that point in time the feeling of the Council was that we had to have evidence of transfer of the school site property. I believe that to be a transfer to the school district. Kingsford: I think you will find in proceeding minutes we spoke about it being to the City Council ITEM #10: TABLED OCTOBER 3, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS • •,, 1 Meridian City Council October 17, 1995 Page 18 SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Having it not be annexed, I suppose you can't deal with that. Entertain the same motion. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, ,second by Bob to table item 10 to November 8 meeting, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: AMENDED FINDINGS OF' FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR THE LAKE AT CHERRY LANE NO. 5 & 6 BY STEINER DEVELOPMENT: Kingsford: Does the Council have any question on those findings? Does the Council want to grant Mr. Tolsma a conflict of interest? Morrow: I think that is consistent with our last meeting. Kingsford: What is the Council's pleasure on these findings? Counselor, you might address to the body what you have done with those and what would need to be done depending on if they go with an R-4 zoning on the lots on the southern portion, you need amended findings, or pardon me if they went with the R-15 they need amended findings. If they adopt the ordinance that is an R-4 for that as they discussed at the last meeting then these findings would be correct. Crookston: Yes, I have prepared two ordinances at the request of the Mayor and the City Council. One ordinance zones the strip of land that is adjacent to Cheny Lane Village No. 5 I believe zones it R-4. The other ordinance zones that property R-15 to be zoned in that fashion as requested by the applicant but it requires that strip of land meet the R-4 zoning requirements. To have the findings of fact be compatible with the ordinance that you pass if you pass the R-4 or if you desire to pass the R-4 zoning ordinance the findings do not need to be changed. If you desire to pass the ordinance zoning that strip of property R-15 but require that property to meet the R-4 building standards then the findings of fact would need to be (inaudible) to state that property needs to be zoned R-15 and meet the R-4 requirements. • Meridian City Council October 3, 1995 Page 28 Morrow: So moved to October 17th. Yerrington: Second • Kingsford: Moved by Walt, second by Max#o table item 8 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED SEPTEMBER 19, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Likewise table #9. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table #9, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Has the Council reviewed those findings? Tolsma: Mr. Mayor I would move we approve the variance request or the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for the variance request for Whitestone Estates subdivision, roll call vote. . . ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea • t Meridian City Council October 3, 1995 Page 22 discovered that it may not be, if the Highway District concurs that is safe then we wouldn't need to amend those. I would suggest that we table items 5 and 6 until we get clarification of that. Morrow: Okay, it was a different issue that is in error in the findings of fact and conclusions. I will move then that we table items 5 and 6. Yerrington: Second Kingsford: Moved by Walt, second by Max that we table items 5 and 6 to the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED SEPTEMBER 19, 1995: RAMON YORGASON: REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR CROSSROADS SUBDIVISION: Kingsford: It has been asked to be tabled as well on the lot development fee, I think Mr. Ramon Yorgason wrote you a letter requesting that. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table item 7 to the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: TABLED SEPTEMBER 19, 1995: ORDINANCE #713 -LOS ALAMITOS SUBDIVISION NO. 3 ANNEXATION: Kingsford: Do you have that ordinance? AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THEN 1/2 OF THE SW 1/4 OF SECTION 20, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have ordinance #713 read in its entirety? Seeing none I would entertain a motion on #713. Morrow: Mr. Mayor, I have a question with respect to this, this is Los Alamitos No. 3, was ~~ • • Meridian City Council October 3, 1995 Page 23 this not the property in which there is a portion of a school park site? Crookston: Yes Morrow: And has the City received the deed for that property as of yet? Kingsford: It is not platted, so that plat has not conformed to it. Morrow: Then my next question would be, historically, we've held annexation ordinances until we have received that deed. Kingsford: We can't have a deed until there is a plat and we have a legal description, you are in a catch 22. Morrow: I understand that, my question is how do we solve that catch 22? Crookston: You can solve it in one of two ways, you can require the property be deeded to the City by a meets and bounds description prior to performing the annexation. You can require the property be annexed subject to receiving that deed, it is almost a situation that as long as the plat is there that the deed could be prepared and given to the City at the time that the annexation is done that it would be recorded and then the City could record the deed for the property. Kingsford: So, what is your remedy? Crookston: 1 just mentioned the two alternatives. Kingsford: Well I agree there are two alternatives the Council needs to decide what they want to do. Morrow: My remedy would be not the meets and bounds description but the property be annexed subject to receiving the deed. Corrie: Second Kingsford: You have that motion and a second, moved by Walt, second by Bob, now you still have a problem, you can't receive a deed on an illegal subdivision. You are either going to do it meets and bounds or you going to de-annex it if you don't get it. Crookston: The deed can be prepared and not recorded until the plat is recorded. • • Meridian City Council October 3, 1995 Page 24 Kingsford: Okay, if that is your pleasure then. All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Okay, so we sit on the ordinance until we get that. Mr. Goldsmith? Goldsmith: Mr. Mayor if I may, how does this,. can you give me some clarification on what you just did? Kingsford: What the Council just did was to say that they will annex it conditioned upon receiving deed to the property that you promised. So, (inaudible) it won't be recorded, it can't be recorded because it would not be a subdivision yet. Goldsmith: I have that set up in a contract for the school to pick up when they need. Kingsford: The requirement was if you, at the time that we first heard this it would be a deed to the City of Meridian. Goldsmith: Okay, so you guys have annexed the property and will de-annex Kingsford: No, but we have said that we will annex it conditioned upon receipt of the deed. As soon as we receive the deed we will read the ordinance and print it. Am I right Counselor? Crookston: Yes Morrow: Mr. Mayor, the deal is.that I would like to move that we authorize the Mayor to sign and the City Clerk to attest the annexation ordinance upon receipt of that deed. Kingsford: With suspension? Morrow: With suspension of rules. Crookston: That is not a good idea. Berg: I was hoping Shari or Gary would speak up since it is better from them than me, but we will have a problem from Ada County, correct is it Ada County, when they go to plot this peice of parcel and there is no annexation recorded with Tax Commission or the Assessors office. Kingsford: He is not going to record it though Will. • a Meridian City Council October 3, 1995 Page 25 Crookston: What I am suggesting is that the deed to the property, to the school park site would be executed and issued and given to the City. The City then would act on the annexation ordinance, the annexation ordinance would then be recorded then the deed can then also be recorded after the plat was recorded. All we are asking for is that the deed be given to the City prior to the annexation. Kingsford: What are you saying then? Berg: How are they going to describe that parcel then? Crookston: They know how the plat is going to read. Kingsford: They know what they are going to give us, it just won't be recorded. Crookston: Right Kingsford: In essence it would be a meets and bounds description Goldsmith: So simultaneous recording would work. Crookston: Basically yes. Goldsmith: So it is semi approved and all we have to do to get it approved is to take the two down and record them at the same time. Crookston: Yes Goldsmith: That makes sense, thank you. Kingsford: However, the Counselor has said it is not a good idea to authorize the Mayor and City Clerk sign and attest. Follow up on that? Crookston: We can do it basically all at the same time, the deed would be given to the City, capable of being recorded, then when the City takes action on the annexation ordinance the next day we could record the annexation ordinance and record the deed. Kingsford: You have to publish the thing first, the ordinance. Stiles: Mr. Mayor and Council, you are talking about a meets and bounds description still? Crookston: No • Meridian City Council October 3, 1995 Page 26 Stiles: How can you do that before the plat is recorded? Crookston: Because they will know what the plat is going to state on the plat, they can recite it as block number even though it is not recorded, it won't make a difference because we are not going to record the deed until the plat is recorded. Stiles: Okay, so you are not talking about recording it at the same time the annexation ordinance is recorded. You were talking about recording the deed at the same time the plat is recorded. Kingsford: To get where we are at with regard to Mr. Goldsmith's question is we have approved it, that is not so. This body then will have to vote on the ordinance, it will have to be published and then recorded. That would take the next meeting, space would have to be in the paper for it to be published, after it is published then it could be recorded. So that is where it would be Marty. Goldsmith: I think I understand that. But, so what Shari just said that when the plat is recorded the deed is recorded, that is not right, right? Kingsford: They are going to be recorded simultaneously. Morrow: But we would have the deed. Kingsford: We would have that deed in our hand. Morrow: So in other words what you need to do from here is go have your folks prepare deed for that property, deposit that with the City. At the same time when that is done then our next meeting we will approve the annexation ordinance, publish it, the Mayor will sign and the Clerk would attest and you would be off and running. Then your preliminary plat would go through the final and all of that stuff and when it is recorded then we would execute and record the deed. But in the interim we would have that as an insurance policy within the City. Goldsmith: Alright Morrow: So it is not quite ~as confusing as it seems. Kingsford: It is as difficult, you can't record that when annex the ground until you have a final plat. Morrow: I said that, I said we would record at the final for the deed. Meridian City Council October 3, 1995 Page 27 • Kingsford: So you are basically giving approval of at least that portion of the preliminary plat at this juncture. Morrow: What we are doing here is simply getting the deed to the park site. Kingsford: We are doing what you wanted to get accomplished, you are making sure you have a deed to that site. Morrow: That is correct, and once we have that deed which he can have prepared and in City Hall in the space of a couple of days. Then we approve the annexation ordinance, that deed stays in City hall until such time the preliminary or the final plat is done. When the final plat has made its way through the hearings and is accepted and recorded the same day that it is recorded which might be 6 months from now we would record that deed. Kingsford: Right Morrow: So that is what we are doing, so I would withdraw my motion for the Mayor to sign and the clerk to attest. Kingsford: No one seconded it so it died. Goldsmith: Is there a chance for consistency sake that we did this just like the well lot that prior to final plat recording I provide the deed. Crookston: By meets and bounds description that is fine. Goldsmith: Prior to the final plat recording, f would provide you guys with a deed on that. Kingsford: I think that the Council would like to have the deed in now. So I guess what we need to have is a motion to table item 8, the ordinance and it has to be to a time certain so I guess the next scheduled meeting. Crookston: Do you want to direct that the ordinance be prepared though for annexation. Morrow: Mr. Mayor, I would move that we prepare the ordinance for annexation of Los Alamitos Subdivision No. 3. Kingsford: Lord, we have got it in hand, I read the heading on it. What you need to do is table that ordinance until the next meeting. • • Meridian City Council October 3, 1995 Page 28 Morrow: So moved to October 17th. Yerrington: Second Kingsford: Moved by Walt, second by Marto table item 8 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED SEPTEMBER 19, 1995: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION N0. 3 BY FARWEST DEVELOPERS: Kingsford: Likewise table #9. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table #9, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Has the Council reviewed those findings? Tolsma: Mr. Mayor I would move we approve the variance request or the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for the variance request for Whitestone Estates subdivision, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea • MERIDIAN CITY COUNCIL MEETING: AUGUST 15 1995 APPLICANT: FARWEST DEVELOPERS ITEM NUMBER; 7 ~ 8 REQUEST; ANNEXATION20NING/PRELIMINARY PLAT FOR LOS ALAMITOS NO 3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS MINUTES FROM 6-13-95 P 8< Z SEE ATTACHED COMMENTS ~ ~I V SEE ATTACHED COMMENTS L FINDNGS Of FACT AND CONCLUSIONS OF LAW ~ '1 1 ~' "REVIEWED" 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: SEE ATTACH ~MMENTS \J a SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMM SEE ATTACHED COMMENTS ,~ ~, ) ~~ fv nn ~~ 'l~ (A~~ ~~'" ~~1 ~~ All Materials presented at public meetings shall become property of the City of Meridian. • .* ~ - Meridian Planning & Zoning Commission July 11, 1995 Page 17 MOTION CARRIED: All Yea CLUSIONS OF LAW FOR ANNEXATI O 3 gY ITEM #13: FINDINGS OF FACT AND CON RES TO R-4 FOR LOS ALp,MITOS SUBDIVISION N ZONINE ~pEVELOPERS: FARW re ared? son: Any comment regarding these findings of facts asp p John and Zoning Commission ountree: Mr. Chairman, I move that tg o Matt a'nd conclus ons. R roves the finding hereby adopts and app Shearer: Second ed that we adopt the findings of fact and conclusions of Johnson: It is edoveodla~ndl v end law as prepay er -Yea TE: Alidjani -Absent, Shearer -Yea, Rountree -Yea, Hepp ROLL CALL VO MOTION CARRIED: All Yea ass onto the City • Is there a decision or recommendation you would like to p Johnson. Council? and Zoning Commission hereby I move the Meridian Planning as stated Rountree: Mr. Chairman, a rove the annexation and zoning Council that they pp recommends to the City ed in the appli~tion with the condits Ze of 1500 square above for the prope~Y describ the minimum house findings ~ fact and conclusions of taw including feet. Shearer: Second Council d and seconded that we pass a recom n f daotr,° Opposed? Johnson: It is move as written and stated by Commissioner Rountree, all t ose MOTION CARRIED: All Yea T FOR LOS ALgMITOS SUBDIVISION NO. 3 BY ITEM #14: PRELIMINARY PLA FARWEST DEVELOPERS TABLED JUNE 13, 1995 n onto the City ndatio on: Mr. Chairman, I move that we pass on a favorable recomme Johns Council. -~~ i • Meridian Planning & Zoning Commission July 11,.1995 Page 18 Shearer: Second Johnson: It is moved and seconded that we pass a favorable recommendation onto the City Council regarding this preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 23.27 ACRES TO R-4 FOR SALMON RAPIDS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Johnson: Any discussion regarding these findings of fact? Any corrections? What action would you like to take? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning commission hereby adopts and approves the findings of fact. Hepper: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: A recommendation to the City Council? Rountree: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends to the City of Meridian that they approve the annexation and zoning stated above for the property described with the conditions set forth in the findings of fact including the minimum house size of 1500 square feet. Shearer: Second Johnson: It is moved and seconded that we pass a recommendation onto the City Council as written and read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PRELIMINARY PLAT FOR SALMON RAPIDS SUBDIVISION N0. 3 BY Meridian Planning & Zoning Commission July 11, 1995 Page 17 MOTION CARRIED: All Yea ITEM #13: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 22.24 ACRES TO R-4 FOR LOS ALAMITOS SUBDIVISION N0. 3 8Y FARWEST DEVELOPERS: Johnson: Any comment regarding these findings of facts as prepared? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves the findings of fact and conclusions. Shearer: Second Johnson: It is moved and seconded that we adopt the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Alidjani -Absent, Shearer -Yea, Rountree -Yea, Hepper -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you would like to pass onto the City Council? Rountree: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law including the minimum house size of 1500 square feet. Shearer: Second Johnson: It is moved and seconded that we pass a recommendation onto City Council as written and stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PRELIMINARY PLAT FOR LOS ALAMITOS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS TABLED JUNE 13, 1995: Johnson: Mr. Chairman, I move that we pass on a favorable recommendation onto the City Council. i • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JULY 11 1995 APPLICANT: FARWEST DEVELOPERS AGENDA I TEM NUMBER: 13 8< 14 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION ZONING WITH A PRELIMINARY PLAT FOR LOS ALAMITOS SUBDMSION NO 3 AGENCY 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: COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW ~~r~~ fl . , ~ ~ ~~.% -~ x.11`' ~~ ~~p! Y~ ~~ r~~ ~ ~~ ~ ~ :~ /.~ ~~~ ~~~ ~ r~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission June 13, 1995 Page 49 • value is really based on those homes that surround you. That is the reason for my questions. Johnson: That is one of the criteria it is not the only criteria but is one that they take into consideration when they do appraisals. Does anybody have any more knowledge on that. Tim is a builder and Tim is kind of our in house expert on that and Tim always talks in terms of square footage. Hepper: On the first 2 phases 1 and 2 there was a 1500 square foot minimum. Typically a 1500 square foot house would run about maybe $115,000 or $110,000 that would be your minimum. He is proposing 1400 square feet in this phase 3 which would be maybe around $105,000 I would guess for a minimum. Aguerre: So what I am hearing then is these homes are going to be a little below the average home as far as quality? Hepper: The footage would be a little bit less in this phase than they are in the first 2 phases. The minimum footage would be 100 square feet less than it would be in the first 2 phases. So therefore the total value of the house would be down just a little bit. Johnson: Does anyone else have anything? I will close the public hearing at this time. We are still on 14 as I recall, annexation and zoning. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on item #14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR LOS ALAMITOS NO. 3 BY FARWEST DEVELOPERS: Johnson: At this time I will open the public hearing, do you have any additional comments Mr. Goldsmith? Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attorney. • i Meridian Planning & Zoning Commission June 13, 1995 Page 50 Goldsmith: I have no additional comments at this time. Johnson: Does anyone have any questions? Rountree: There seems to be some discussion going on about some stub streets or some connections within neighborhoods. I assume that will be resolved I guess more guidance than a question. (End of Tape) Any revisions or modifications to the preliminary plat we have here this evening be incorporated so we can have an opportunity to review the resolve of the street systems and that sort of thing. With the idea that we probably aren't going to be able to take action on the preliminary plat until we have annexation and zoning completed. Just a comment. Goldsmith: The requirements from ACRD have been taken into account, we find them very minimal. The lot count will not go up and they are minor. What we are seeing is just getting a couple together at one time the street to Sundance was lined up 1 have no doubt it was real close. We are talking about some temporary culdesacs and some degrees of streets changing. I find that everything is going to work right there. Johnson: Anyone else have any comments on this application? Mr. Forrey Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: I am representing Greg Johnson the owner of Westpark Development Company who is purchasing property I think directly south and to the east of this project, but 1 haven't seen a vicinity map and if we have a vicinity map t would like to see how the bridge might and see what the discussion is. I stated earlier that Westpark Company will follow whatever the highway district recommends if it is a bridge so be it and if not a foot bridge or whatever the highway district wants to do in that neighborhood. Johnson: You can have mine if you want it. Is there enough vicinity there for you? Forrey: Yes, I guess I would ask the question of Shari Stiles, is it Cignet Drive that is the potential bridge? Stiles: I don't know if that is the approved name, but and I am not saying that would be the ideal location there but the topography is quite a bit steep in that area and it would be desirable to have some connection. The fire department also is requesting a connection of some type between the 2 subdivisions. Forrey: We agree with what staff said on the Highlands Ranch, if it is determined that there needs to be a vehicular connection then let's work it out. No problem. ,,, Meridian Planning & Zoning Commission June 13, 1995 Page 51 Johnson: Thank you, you can keep that map. Anyone else? Karen Gallagher, ACRD, 318 E. 37th Street, Garden City, was sworn by the City Attorney. Gallagher: Just a clarification, at this point staff has not recommended or we are not recommending that a bridge be built as part of Highlands. If the traffic study came out that the numbers needed it we would support that. It doesn't seem as though that is going to be the case from the information we have gotten at this point. So I just want to clarify that it is not up to ACHD barring whatever comes out of the traffic study. Staff is not requiring it at this point the bridge connection. That if the bridge were to be required that it would come ftom this body and the Council. Johnson: Thanks Karen, anybody else? I will close the public hearing at this time. Action on the preliminary plat or no action what would you like to do? Rountree: Mr. Chairman, I make a motion that we table action on the preliminary plat until we have acted on the annexation and zoning application. Shearer: Second Johnson: Moved and seconded we table this item until we receive the results of item #14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 23.27 ACRES TO R-4 FOR SALMON RAPIDS NO.3 BY FARWEST DEVELOPERS: Johnson: I will now open the public hearing and invite the developer to address the Commission. Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attomey. Goldsmith: No comments at this time but would answer any questions you guys have. Johnson: Any questions of the developer from the Commissioners? Hepper: Is this an R-4 also? Goldsmith: Yes it is. 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer~d~~ `~i~ Re: LOS ALAMITOS PARK SUBDIVISION NO. 3 (Annexation & Zoning /Preliminary Plat) June 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape imgation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide sidewalks in accordance with City Ordinance Section 11-9-606. B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Two Cygnet Drives are shown that are discontinuous. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live MAX YERR NGr40NA CITY OF MERIDIAN ROBERTD.CORRIE WALT W. MORROW P b Z COMMISSION 33 EAST IDAHO JIM JOHNSON, ChWrman 1VIERIDIAN, IDAHO 83642 MIM HHEARERI Phone (208) 888433 • FAX (208) 887-4813 CHARLIE ROUNTREE Public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD Mayor ALAMITOS.P&Z • Mayor, Council and P&Z June 7, 1995 Page 2 9. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 10. Respond in writing, to the each of the comments contained in this memorandum, and submit with three copies of the revised Preliminary Plat Map to the Public Works Department. SITE SPECIFIC COMMENTS Sanitary Sewer service to this site will be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The well proposed to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 3. Revise the Preliminary Plat Map to show X11 adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, revise the Preliminary Plat may to include all proposed and existing utilities including pressurized irrigation, and resubmit to Public Works Dept. 4. Indicate right-of--way widths, including adjacent streets and roadways. 5. The northerly extension of Scaup Street misses the alignment of the southerly stub street, S. Red Cloud Avenue, from the approved Preliminary Plat of "Sundance Subdivision". Subdivision designer to coordinate this alignment with Briggs Engineering, Inc. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. 7. Identify and label existing easements and/or right-of--ways for the Hunter Lateral and Ridenbaugh Canal. Label the Ridenbaugh Canal. $. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. ALAMITOS.PBcZ Mayor, Council and P&Z June 7, 1995 Page 3 9. The minimum street frontage for Lot 21, Block 4 shall be eighty (80') feet, measured at the chord of the curve, per City Ordinance. 10. Lot 26, Block 6 shall have a limitation on house orientation towards Cygnet Drive. Please indicate this with an arrow on the Preliminary Plat and Final Plat Maps. 11. Provide a temporary turn around at the northerly end of Scaup Street and the east end of Cygnet Drive. Since Cygnet is ending at the property being proposed for a school site parcel in Hidden Valley Ranch should the temp. turn-a-round really be a culdesac? 12. Information provided in this application for annexation reflects the results of an actual field survey by the subdivision designer. Some discrepancies in the original boundary of the property included in the first two phases of this development were identified and corrected, however Ordinance No. 640 contains the old information. I would propose that Ordinance No. 640 be amended to the correct information. Roylance & Associates, P. A. needs to provide the City with a revised legal description for the amending of Ordinance No. 640. 13. Confirm that Lots 10, 11 -Block 4 each contain 8,000 S.F. of area. Evaluate Lot 27 - Block 6 for a siting of a building envelope. Lot 16 -Block 8 does not conform to the definition of the flag lot "looking like a flag" . AIAbIITOS.P&Z HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., City Clerk A Good Place to Live MAX YERRINGTON JANICEL.GASS,CItyTreasurer ROBERT D.CORRIE WALT W MORROW GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN . BRUCE D. STUARt, Water Worka Supt. P 62COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P 6 Z Adm. 1VIERIDIAN, IDAHO 83642 MOE ALIOJANI JIM SHEARER KENNETH W. BOWERS, Fire Chief REE CHA W. L. "BILL" GORDON, Police Chief Phone (208) 888.4433 • FAX (208) 887813 TIM HEPPER wnvNE G. cRDO1cSTDN, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and Council FROM: Shari es, Planning & Zoning Administrator DATE: June 8, 1995 SUBJECT: Annexation and Zoning with a Preliminary Plat for Los Alamitos Park Subdivision No. 3 by Farwest Developers 1. Any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605 . M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department prior to signature on final plat. Note 10 indicates the Hunter Lateral will be dedicated to the Nampa-Meridian Irrigation District. Regardless of ownership, the developer will be required to file this ditch unless a variance application is submitted and approved by the City Council. Past variance applications for waiving the tiling requirement on the Hunter Lateral have been denied. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-104A. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit a letter from the Ada County Street Name Committee, approving the subdivision name and street names. 4. Pedestrian walkways shall be provided in accordance with City Ordinance 11-9-605.C. 5. Easements shall be provided as required by City Ordinance Section 11-9-605.D. 6. Perimeter fencing is to be in place prior to obtaining building permits for housing. 7. Provide public sites and open spaces in accordance with 11-9-605.H. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place. 8. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.I. P&Z Commission, Mayor and Council June 8, 1995 Page 2 C7 9. Applicant is to enter into a development agreement as authorized by 11-2-416.L. and 11-2-417.D.; the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan. 10. Provide chord data for all lots. Lot frontage must meet the R-4 requirements of a minimum of 80 feet. For purposes of calculating frontage, the line length plus one-half of the curve length is used. 11. Applicant indicates minimum house size of 1,400 square feet. Phase 1 development agreement and restrictive covenants require a minimum house size of 1,500 square feet. 12. Roadway widths and culdesac radii need to be included on the plat. 13. The Comprehensive Plan indicates that a school and park site is needed in this section. Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing. 14. Delete Note 4. All lot distances shall be scaled with accurate dimensions shown on the plat. 15. Add language to Note 11 that Lot 6, Block 9 will be owned and maintained by the homeowners association. 16. Note 12 indicates two lots that ~ be street drainage lots. Are they? Particular attention will need to be paid to these lots to ensure adjacent properties are not adversely affected by design of any drainage area. HUB OF TREASURE VALLEY ~~ • COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA Clty Clerk Jr. WILLIAM G BERG A Good Place to Live MAX YERRINGTON , . , JANICE L. GASS, Clty Treasurer ROBERT D. CORRIE WALT W. MORROW CITY OF MERIDIAN BRUCE D. STUART, Water Work Supt. P b Z COMMISSION JOHN T. SHAWCROFT, Watte Water Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parks Supt. MOE ALIDJANI SHARI S. STILES, P 6 Z Adm. IDAHO 83642 MERIDIAN JIM SHEARER KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief , Phone (208) 888-4433 • FAX (208) 887-4813 CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ,tune 6, 1995 TRANSMITTAL DATE: 5/22/95 HEARING DATE: 6/13/95 REQUEST: Annexation/Zoning/Preliminary Plat for Los Alamitos No. 3 BY: Farwest Developers LOCATION OF PROPERTY OR PROJECT: South of Overland Road, East of Locust trove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C 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 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA T(PRELIM & FINAL PLAT) CITY FILES r °" OTHER: ''"~""'~ YOUR CONCISE R ARKS: EA MAY 2 4 195 CITY OF MERIDIAN OFFICIALS WILLIAM O. BERG, Jr., Clty Clerk JANICE L OASS, Clty Troaauror QARY D. SMITH, P.E. City Enplneer BRUCE O. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENN18 J. SUMM ERS, Parks Supt. SHARI S. STILES, P d Z Adm. KENNETH W. BOWERS, Flro Chkf W. L. "BILL" 130RDON, Police Chlst WAYNE t3. CROOKSTON, JR.. Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO IViERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRAM P. KINGSFORD Mayor COUNCIL MEMBER8 RONALD R. TOLSMA MAX YERRIN(iTON ROBERT D. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON, Chairman MOE AUOJANI JIM 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hatl; Attn: Will Berg, City Clerk by: June 6 1995 TRANSMITTAL DATE: 5/22195 HEARING DATE: 6!13/95 REQUEST: Annexation2oning/PreliminaLr~l Plat for Los Alamitos No, 3 BY: Farwest Developers LOCATION OF PROPERTY OR PROJECT: South of Overland Road. East of Locust trove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 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.(PREUM 8 FINAL PLAT) U.S. WEST(PREUM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES L-- ~ ~ ` ~~ OTHER: J YOUR CONCISE REMARKS: ~ o f / 3 4- 1 h / SZ . A`c. ,u o,u - Tti; s S•r.b ; ~ ~~~:o~, c~~`Lc- h.av$ o w rc~ M ~Y 2 3 135 ~Op~( BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION FARWE5T DEVELOPERS ANNERATION AND ZONING ~i 1/2 SW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 13, 1995 at the hour of 7:3G o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Marty Goldsmith, and having duly considered tre matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 13, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 13, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is LOS ALAMITOS NO. 3 - FF/CL Page ; • approximately 46.01 acres in size; it is in the North 1/2 of Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County R`.C (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Lo:: Alamitos No. 1 and No. 2, which was previously annexed, is an R- development, a housing size of 1,400 square feet. 5. That the property is adjacent and abutting to the present City limits. 5. The Applicant is not the owner of record of the property but the owners of record are Gene A. Babbitt and Freda L. Babbitt who have consented to this Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area i~ defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the intended development of the property is for single family dwellings with a density of 2.6 dwelling units per acre; Applicant stated at LOS ALAMITOS NO. 3 - FF/CL Page 2 • • the hearing that he had reviewed all of the comments of Planning Director, City Engineer, and the Ada County Highway District anu that there was nothing that he disagreed with or would not be complying with; that he was applying for an R-4 zone which is .: 1,400 square foot minimum; that Los Alamitos No. 1 had a 1,5C:: square foot minimum; that there would be a perimeter fence. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services ca;~ be provided. 11. That the property can be physically serviced with City sewer; that there is a question in the mind of the City Engineer, regarding water service and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 12. That an irrigation canal, the Hunter Lateral, crosses the east end of this property with a south easterly to a northwesterli% flow; that a previous developer applied for a variance from tilin; this lateral which was denied. 13. That there was additional testimony at the public hearing which was as follows: a. Karen Gallagher, of the Ada County Highway District testified that the District has not yet finished their review of Los Alamitos No. 3; being discussed is just a minor detail of aligning with the stub street that has been approved to Sundance to the north and the other issue is a little more complicated and involves the stub street to the east which is currently tagged as the school site. LOS ALAMITOS NO. 3 - FF/CL Page :: • b. Shari Stiles, Meridian City Planning Director. testified there is a concern that there is no vehicle access between the two (2) sections of the properties and also none to the school; that the concern of access from the neighborhood to the school is to come out on Victory Road, Eagle Road and have to go all the way around through Sundance; that there is really no point in not allowing interneighborhood vehicle access. c. Lydia Aguere testified that she approves the R- annexation if the house sizes are going to be 15C^ square feet; that her concern lies where the water will come from and getting an average priced home in there. d. John Shipley testified with regards to pressurized irrigation and stated that this question came up in December 1993 and that Mr. Goldsmith was a bit perturbed about pressurized irrigation system and why was the City making him do this and the conversation moved to surface water pressurized irrigation; that Mr. Shipley is concerned what the City will do about using well water for pressurized irrigation since it was stated in the meeting that Mr. Goldsmith was to use surface water; that Mr. Shipley's other concern is with all the trash than blows out of the subdivision and collects against the fence lines and in the irrigation ditch causing delays because of clean up time. e. That Mr. Stoppello, owner of approximately thirteen (13) acres of land lying south of the Los Alamitos Park Subdivision and north of the Gem Park II Partnership land, submitted a letter stating tha~~ he is not opposed to the development but have a certain number of concerns, namely: 1. He would like to see this sewer access maintained for the future development of his thirteen (13) acres; 2. He would like to make sure the street alignments of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with his land prior to approval of their applications to not only insure compliance with ACHD, but provide for utility access for all development and; 3. That he is in favor of maintaining R-4 LOS ALAMITOS NO. 3 - FF/CL page -~ • • standards. 14. Meridian Police Department, Meridian Fire Department, the Meridian City Engineer, Ada County Street Name Committee, Ad~~ County Highway District, the Central District Health Department, Nampa Meridian Irrigation District, U. S. West and the Meridian Planning Director, submitted comments and such are incorporated herein as if set forth in full. 15. That the Meridian City Engineer specifically commented as follows: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.; plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems shall be removed from their domestic service per city Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; c. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. That water service to this development is contingent upon positive results from a hydraulic analysis by computer model; e. That a determination of ground water level and subsurface soil conditions should be made. f. Applicant will be responsible to construct the sewer mains to and through this proposed development via the existing mains installed in prior phases of this development; manholes shall be provided to keep the lines on the south and west LOS ALAMITOS NO. 3 - FF/CL Page ~ side of the centerline; g. Applicant will be responsible to construct the water mains to and through this proposed development via existing mains installed in prior phases of this development; that the well proposed to be located in the No. 1 phase of this subdivision needs to be in operation ahead of this No. 2 phase development. 16. That Shari Stiles, Planning and Zoning Administrator specifically commented stating as follows: a. That any existing irrigation/drainage ditches crossing the property, included in this project, shall be tiled per City Ordinance 11-9-605; that. regardless of ownership, the developer will b~ required to the the Hunter Lateral unless a variance application is submitted and approved b~T the City Council; b. That any existing domestic wells and/or septic systems within this project shall be removed frog their domestic service except that the wells b used for non-domestic purposes such as landscap.-: irrigation, per City Ordinance; c. That perimeter fencing is to be in place prior to obtaining building permits for housing; d. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.1.; e. That the Applicant is to enter into a development agreement as authorized by i1-2-416.L. and 11-2- 417.D.; that the Development Agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan; f. That the Applicant indicates a minimum house size of 1,400 square feet; that Phase 1 developmen agreement and restrictive covenants require a minimum house size of 1,500 square feet; g. That the Comprehensive Plan indicates that a school and park site is needed in this section; that the Applicant is to provide evidence of transfer of school site property prior to obtaining building LOS ALAMITOS NO. 3 - FF/CL Page permits for housing. 17. That the Ada County Highway District submitted sit° specific comments that include a revised preliminary plat with be submitted to include the following changes: a. Align Scaup Street with the approved stub street in Sundance Subdivision to the north; b. Cul-de-sac Cygnet Drive at its ease end since the site's east boundary abuts the future school site; c. Terminate Cygnet Drive in a cul-de-sac to avoid substandard angles at the intersection with Easv_ Jet Drive and; d. Shift the stub street to the south property line t~~ the west. 18. The Meridian School District submitted comments in prior annexations in this area, that there is no excess capacity in the schools of the District and that residents of the new subdivisio: could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the {R-4} District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or ,the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4} District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; LOS ALAMITOS NO. 3 - FF/CL page 7 ~ r that the R-4 zoning district requires a minimum of 1,400 squa~~ feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimu_n house size than 1,400 square feet. 20. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 21. That the land is adjacent to the land annexed and being developed as Los Alamitos No. 1 & 2, which is now in the process o development. 22. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural: single-family, multi-family, townhouses, apartments; condominiums, etc. ) for the purpose of providing the City wit:~z a range of affordable housing opportunities." 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 24. That the Meridian Comprehensive Plan, under Land Use; Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residentia~ Agricultural density, unless it is inside the Urban Services Planning Area and City sewer and water is provided, then LA1' Medium and High density residential may be considered. 1 residential development must also comply with the other appropriate sections of this plan." LOS ALAMITOS NO. 3 - FF/CL Page S • 25. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobil homes, multi-family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 26. That there is a population influx into the City of Meridian at the present time which has been going on for some tirc~~ and is continuing; that the land is relatively close to Meridians and economic conditions are making it difficult to continue farming in the area. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho CodE relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase ire population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future LOS ALAMITOS NO. 3 - FF/CL Page • residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and directicr. of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which ii possible would be retroactive and apply to all residential lots i;z the City, because of the imperilment to the health, welfare, anc~ safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenience pedestrian circulation to schools, parks or shopping areas: the pedestrian easement shall be at least ten feet (10'; wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: LOS ALAMITOS NO. 3 - FF/CL Page 10 "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights o~ way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages anu natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separates easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desicrn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. LOS ALAMITOS NO. 3 - FF/CL Page 3 • • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian haves 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 lance 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 oL Meridian have been complied with. 5. That the Commission may take judicial notice o~ government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the 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 LOS ALAMITOS NO. 3 - FF/CL Page 1` • is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particulate Section 11-9-616, which pertains to development time schedules ar.:.: requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments aru those stated herein in these Findings and Conclusions, and of tr.-a Ada County Highway District, Nampa & Meridian Irrigation District; Meridian Fire Department, U. S. West, and the comments of thz Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways, including the Hunter Lateral, shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be LOS ALAMITOS NO. 3 - FF/CL Page ~3 • • subject to and controlled by the Subdivision and Developmen~ Ordinance except as otherwise required herein; that, as a conditior. of annexation, the Applicant shall be require#d to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, vi and the comments of the Planning Director, Shari Stiles; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are mew or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragrapr~ are not met. 14. That the house size requirements for the R-4 district may be increased as a condition of annexation and therefore the R-4 requirement of 1,400 square feet shall be exceeded so that the minimum house size shall be 1,500 square feet. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and fron the adjacent property owners and the school, to be located in the area, will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, i~ will be de-annexed. 16. That these conditions shall run with the land and bind LOS ALAMITOS NO. 3 - FF/CL Page 1~~_ • the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,500 square foot minimum sized houses, would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROETNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED_,~~" VOTED~~ VOTED~~_ VOTED~~ ~'/~~~~.~ VOTED LOS ALAMITOS NO. 3 - FF/CL Page 15 • DECISION AND RECONII~lENDATION 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 for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including that the minimum house size shall be 1,500 square feet, and that the Applicant and owners be specifically required to the all ditches, canals and waterways, specifically including the Hunter Lateral, as a condition o annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexedo MOTION: APPROVED: DISAPPROVED: ~ ~/q.~~ LOS ALAMITOS NO. 3 - FF/CL Page 1S C~f'G JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Farwest Developers 4550 W. State Boise ID 83703 FROM: Karen Gallagher, Coordinato Development Services Divisio SUBJECT: Los Alamitos Subdivision No. 3 -PRELIMINARY PLAT ~s~~ ,~~,~_ Z ~+ 19~~ ~,~Tir' ~~~ f~`~.,B~i3~~' July 20, 1995 On July 19, 1995, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, t her with payment of plan review fee. b. Execute and 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 a • July 20, 1995 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority to t r with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find 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. 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. KG cc: Development Services Chron John Edney Chuck Rinaldi Gene & Freda Babbitt/ 2507 Locust Grove/ Meridian 83642 Roylance & Associates City of Meridian r • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report Preliminary Plat -Los Alamitos Park No 3/MS-8-95/MRZ-6-95/Annexation Locust Grove Road s/o Overland Road, City of Meridian Los Alamitos No. 3 is a 59-lot residential subdivision on 46.0-acres. The site is located approximately 1/4-mile east of Locust Grove Road and 1/2-mile south of Overland Road, east of Los Alamitos Subdivision No.l and 2. This development is estimated to generate 590 additional vehicle trips per day. Roads impacted by development: Locust Grove Road -Local street (section line) with no pathway designation - No traffic count available Overland Road -Minor arterial with no pathway designation - Traffic count 5,547 on 11-8-94 T ~ 1~ 3 ~ V THE Q, {~ S ~ Y\~~ ~ ~~ Z MERI AN ,~ ~ ~ & Q ~\ \ ~ ~ PRO~CT ~; ! LOCATE ON a ~ GREENS `~l~SPORTSMAN J CPNASf 3) ~ f ~ SECTI J 19 \`~ PaNT S TON 20 W T 3 f~ R 1 E oN K 1'E- ~oaie~cicH a\ ASc i PHASEZ ~~- R DS 1 r--- SUBDIVISI O \ "~tiFy/ N \ ~r \ ~ \ \ \y KACM STATES `~ 4 \~ \ \ MCOONAID LITER 4~ ~ 1 ~4 \ ~ VICTORY ROAD I wCTORY ROAD ACRD Commission Date -July 19, 1995 - 12:00 p.m. 06fL-9ff (BOZ)~50LfB ~4~P1 oalo8 Z-0 o3!^S PIO~oW3 619Y ~e AO1•' +~ sou uoldp uo-~ c~odon~ng a~w u!6u3 ~ I ~ '"° OO Vd S3IVIOOSSV aNV 3JNV7/lOtlri =}~ ~_ O ~wc rj~ O NOISIAIdHfIS ~ItlVd SO11WV1V 801 = •?. __ Jan 1V1d JItIVNIWI'13!!d a r = at9~-to56 £ 1 s u a~a eor d ~ i ~ b ~ ~ ~ $a ~ 8 ~ y i $g$` $ ; 2 L ~ .; 5 5 3 scow .ist~ ~~$ e `./ ~j oy~ ?$ ~ c ~ ~ ~ ~ 7a ea 5 a~;€; ~s ~ e~,~aj{`fig egN ° ~ ~ ~g $g Y bl F d~ ~~3 ~8 ~ ~ ~'~ E _ ~~ ~~ ~ R N pax ~ ~~~ "~ ~ ~c~~~ `a ~ ~ s fF _ ~ ~ .., ... _ -- - Np0 ~~0 F~Z< a~=< ~ ~ p~p 9 ~ a a ytl y C ~ W } ~ S z ~ ~ ~ ~6ae W ~° ~ RQ < < Z ~ d ~ W ~~~~ u a3 ? ~ ar~ ~ c N Q W O ~ a .~ ~ ~ K~~ Z ~ C ~OoO W >p a W Z 4 W p$ a§ WI-aN ~-<_ o ~ s ~ k p $ dQZ~ JoW <FW N~0 ~ Ot JW ~ ~g 8 S _~ g s _--+~ ~ RI~ ~1 ~ _ ~~ ~ ~ ~~ a •/ ,~ ~ ~ < ~ ~ r / } ~~ 1 - 0 ~ ,r- a > .,c. ~ R ~ ~~/ i - `/ ~ /` , ~ I~ L/ Z 0 w> W ~ r; 2LL ~0 <~ a¢ J (W 0 } H mw.~awr A$4 ^ie Facts and Findings: A. General Information R-4 -Zoning 59 -Lots 46 -Acres 286 -Traffic Analysis Zone (TAZ) Western Cities -Impact Fee Benefit Zone West Ada -Impact Fee Assessment District • B. On January 26, 1994, the Commission acted on Los Alamitos Park Subdivision No. 1 & 2 (formerly Sagehen Estates). Los Alamitos Park No. 3 is a easterly extension of that subdivision. C. Los Alamitos Park No. 3 is bordered on the south by an undeveloped portion of land between this subdivision and the proposed Highlands Ranch Subdivision, on the north by the Sundance Subdivision, on the southeast by Highlands Ranch Subdivision and on the east by a triangular portion of land to be a part of the future school/park site. D. The streets within this subdivision are proposed to be constructed to a 37-foot street section, with curb, gutter, five-foot landscape strip and 5-foot detached sidewalk within a 57-foot right-of--way. Staff recommends that the streets be constructed within a 60-foot right-of--way to provide a minimum of 1.5-feet between the sidewalk and the property line. E. S. Red Cloud Avenue, which provides a connection from Los Alamitos to Sundance Subdivision, curves to intersect Scaup Street at a 90-degree angle. Staff recommends that this curvature and roadway connection meet District standards for a local street. F. The intersection of E. Three Bars Drive and Cygnet Drive does not meet District standards. However, due to the low volumes of traffic anticipated at this intersection and the constrictions imposed by the shape of the property due to the Hunter Lateral irrigation canal, staff recommends that the intersection be constructed as shown and that the plat show a 50- foot by 50-foot clear vision triangle at the southeast corner of Lot 11, Block 5. G. Staff has met with the applicant, City of Meridian Staff, School District Staff and the developer of the proposed Highlands Ranch Subdivision (which borders the easterly and southerly boundaries of this subdivision). Discussions centered on the locations of street and pedestrian crossings over the Ridenbaugh Canal and future school/park development. The possibility of the future street extension (of the unnamed cul-de-sac to the east) over the Los Alamitos park No. 3/MS-8-95/MRZ-6-95/Annexation Page 2 Ridenbaugh Canal was discussed. The City of Meridian staff stated that their recommendation was to extend this cul-de-sac over the Ridenbaugh Canal and into Highlands Ranch. The consensus of the other attendees was that a street crossing to the east of this site (extending northward, providing access to the school/park site and tieing into Shelby Street in the Sundance Ridge subdivision) would be more appropriate for intra-neighborhood connectivity, in light of the two pedestrian bridges proposed by The Highland Ranch Subdivision (south of this project). The first crossing is approximately 500-feet south of this subdivision and connects the residential areas within the Highlands Ranch Subdivision. The second crossing is approximately 150-feet east of Los Alamitos and provides a connection from Highlands Ranch to the future school/park site. District staff recommends that the cul- de-sac be constructed as shown and that the street crossing of the canal be made further east. H. The applicant is proposing Lot 6, Block 9 as anon-buildable lot to be used as a 20-foot wide corridor to the proposed school site. Staff is concerned that this corridor may be used for' vehicle access to the school site. Staff supports this location for a pedestrian pathway and recommends that the applicant construct a landscape barrier or other method approved by ACHD Traffic Services Staff to restrict the width of the corridor abutting the roadway. The transportation system is currently adequate to accommodate additional traffic generated by this proposed development. However, with the potential development of the Power Center, located at Eagle Road and I-84, this development has been included within the spin off area for the land use study currently in progress by APA and ACHD. J. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on July 12, 1995. The following requirements are provided to the City of Meridian as conditions for approval: ,, Site Specific Requirements: Interior streets shall be constructed to a 37-foot street section, with curb, gutter, five-foot landscape strip and s-foot detached sidewalk within a 50-foot right-of--way. 2. The curvature of S. Red Cloud Avenue and the intersection with Scaup Street shall be constructed as required by District standards for a local street. Provide a 50-foot by 50-foot clear vision triangle for Lot 11, Block 5 at intersection of E. Three Bars Drive and Cygnet Drive. The clear vision triangle shall be noted, as required by ACHD, on the final plat and referenced in the restrictive covenants of the project. 4. The unnamed cul-de-sac extending east from Scaup Street shall be constructed as shown on Los Alamitos park No. 3/MS-8-95/MRZ-6-95/Annexation Page 3 the preliminary plat submitted to the District. No pedestrian access will be provided from the end of the cul-de-sac to the proposed school/park site. Lot 6, Block 9 shall be anon-buildable lot and shall be used as a 20-foot wide corridor to the proposed school site. The applicant shall construct a landscape barrier, or other method approved by ACHD Traffic Services Staff, to restrict the width of the corridor abutting the roadway. Standard Requirements: a request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ~l? ifi aly identify each requirement to be reconsidered and include a written explanation of wh3~uch a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. a request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for ~.pneal~pecifically identi , each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 3. aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when Los Alamitos park No. 3/MS-8-95/MRZ-6-95/Annexation Page 4 • driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Continue existing irrigation and drainage systems across parce~. 8. Continue borrow ditch drainage abutting parcel (culvert may be required). 9. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 10. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvemen*s. Authorization far relocations shall be obtained from the appropriate entity. 11. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 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 accessible to the motoring public. 13. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 14. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 15. Submit three sets of street construction plans to the District for review and appropriate action. 16. Provide design data for proposed access to public streets for review and appropriate action by ACRD. Los Alamitos park No. 3/MS-8-95/MRZ-6-95/Annexation Page 5 r~ • • 17. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 18. 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. 19. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 20. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. 1~atP of Commission Annroval: Development Services Staff JUL 19 1995 Los Alamitos park No. 3/MS-8-95/MRZ-6-95/Annexation Page 6 ~ ~ r~ ,..,. ., . ,-.' SUBDIVISION EVALUATION SHEET Proposed Development Name LOS ALAMITOS PARK SUB NO. 3 City MERIDIAN formerly SAGEHEN ESTATES Date Reviewed 7/13/95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following proposed may be used as replacements for streets shown on the plat if the Ada ^ourty Highway Disiricr wiii verify that the names will fit on signs. "BRANDYS JEWEL" "TRIPLE PLUM" "SEATTLE SLEW" "BLACK BEAUTY" "GOLD BAR" _1111 ~ ~~ i~`' l The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY P SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date l~4 r- Ada Planning Assoc. Terri Raynor Date ~~_~ ~ 9S ~ City of Meridian Representative ate Meridian Fire District Representative to ~ ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada'County Engineer at the time of signing the "final plat", otherwise the plat will not be signed I!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS ~\ •. '\ • , . • ~, ~, r ~ '11-• r ,'w ' r' Y~ ~„ ~~ r r 1, ' . 5' i r 1` ,, ~'' ~.~ o N M -~~ 1' ~ y- ,~ ., r~~J` r 1 . a + ~ / n ! n _ _._ n r _- - •--- t ~ n M ' /J,r ~ 11 ,. i ~~ v Y , ~, 11 • 0 t `~ C r ___. M ....... ....~. -.. ... .......~. A E ~ ~ • .. ~ M .. ~ ~ - ~...-. • 3 r r h ~ ~ ~- . Y / ~ ~ /• w ~ .1 '' ~~~ ~~ ~ ~ 1 i ~ • ~ ! ~ ~'/ ~ ..~ / ~ r / ~ `~ , 11 Y1 11 b /~ 0 ~ N~ .~ ! k1~ 4 ~ `~i "~ * 'r 1111 ..._ ~ ~ r ~- ~ i .~ r ... ~ M ~ d ~ 1~ ~ ~ r « _~ ``• / `, c ! _ - - V ~ ~ ~ ,~ ~ , - « ' ~• a .. ~~ ~ ~. ,~ u I .,. I ..:...I.... Y ~ / / / ~I N I'.y..s SUBDIVISION EVALUATION SHEET ` ' '_. ,j Proposed Development Name HAVEN COVE NO. 5 City MERIDIAN Date Reviewed 7/20/95 Preliminary Stage Final Engineer/Developer rollins Engr / S. I. Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. "W C~ RT" "W. LATITUDE STREET" "BEARING" sounds like BARON and BEARDEN and therefore cannot be used "TRAVERSE" sounds like TRAVIS and therefore cannot be used "POLAR" sounds like POLARIS and POLLARD and therefore cannot be used "HEELING" sounds like HEALEY and therefore cannot used "EBB TIDE" and "ALTITUDE" may be used as alternate names. :~:_~~ "M.t~1.~LJ~ r2r ~ s ~~ ~ i n ~. -~ ti~no 12~ ST ~. . ~z ~-=-~--p-- ~s ~~~~~ C.~. , ,.z.,ri`ar'r~,1 The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, N Y PRE NTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date 7 ?4 Ada Planning Assoc. Terri Rayno Date ~ ~5~ ~ d g S' City of Meridian Representative Date Meridian Fire District Representative ate NOTE: A copy of this evaluation sheet must be presented to the Ada`County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Sub Index _ Street Index 3N 1 W 11 Section NUMBERING OF LOTS AND BLOCKS S~-c 7~G~~lS ~~Gti~li~, ~~ ~~ S7/~Y~57P7X Xa 6 A ~ ~. ~. p ~A (1 M w. ul~l1A n K p M Q p /1 p 11 p p p ~ 14 p K ]• ~p w_ rl. ~ ~ ~ i a ~+ ao t• m 1 --- i p I ~ !4 ~ ~ t7 p >7 14 CARLTOH PL ~ w. GRLTON q. r ~ t 1p 1f 16 If 17 i• i 17 1• ~ 14 • • l 7 /• ~ t w. sr~ ~. a 10 /8 ~ • ~ 11 1>t ~ 1Z 11 u s ~ ~ 11 r. SETH rt , ~ t>• s = 4 • T11N ~ a 7 • • 1 1 ~ 1 ~ _ z AD~COUNTY HIGHWAY I~TRICT Development Services Division Preliminary Report Preliminary Plat -Los Alamitos No 3 - MRZ-6-95/Annexation Locust Grove Road s/o Overland Road, City of Meridian Los Alamitos No. 3 is a 59-lot residential subdivision on 46.0-acres. The site is located approximately 1/4-mile east of Locust Grove Road and 1/2-mile south of Overland Road, east of Los Alamitos Subdivision No.l and 2. This development is estimated to generate 590 additional vehicle trips per day. Roads impacted by development: Locust Grove Road -Local street (section line) with no pathway designation - No traffic count available Overland Road -Minor arterial with no pathway designation - Traffic count 5.547 on 11-8-94 Issues to be addressed: 1. Right-of--way requirements 2. Road improvements 3. Stub streets OVERLAND ROAD OVERLAND ROAD ^ 1 ° ' ~ S ° Z 3 v TMg ~\. ~ o L A MERI AN ~, ~! N ~ \ \ ~ ~oc~noN Q f GREENS `! SPORTSMAN POINT ~ c Cri1AiE3) J T OfJ 20 ~ ~ ~ Sr CTI J 19 Q\ T31~! R 1 F oN exZ G I TN N 1~ a+ooNe~ux~ c~wN. 3 \ \ R DS x \ \ SUBDIVISI ~tiF O ~'r ~~'lF N ~ KACHINA 4 ~~- \ \ YCOONALD LJI I ~ VICTORY ROAD wCTORY ROAD LWALAMI.~ ACRD Commission Date -June 14, 1995 - 7:00 p.m. __: '. • i 000O6tl-9Cf (o0L) 90LfY e~PW „p8 L-0 ~11^S /N~i el9- ~~ vM m~~ ra uwuo{dpunl •~odon~ng ~~~w~6u3 a~ i:~ r~~ tId 93LVK)OSSV dNV B~NV'lJlOk,~! ~~'. ~~~~ n i ww~' ,w ' r.` NOISWOE(1Q ~IM~Id SOJJY'IV'T/ 801 ~J 1V1d JIEIVNIWI~kld $~'3~-~ ~ ~w r A a Q ~~i~ ~ i~~ Ak ~ I Y . \ •~ n ~ F J ~ 1. Y ~ 0 ^,' 1 '' c~ f~ r ~ .Y$i _ s w ~ ~ ~ ~ ~ ~ w s q e ~~ ~~ ~ ~ ~ ~ ~~ gg ~ e ~ f R ~ ~~ ~ • ~ ~ r"t. ~~ ~~i ~ $ ~ ~ ~ ~ + ~ J art ~` + ~~ ~ w ~ Tt~~~~55 ~~ err5lR ~g _'~ ~~ s ~ ~Y ~~~ i w, ~ nr ~~~a ~ ~~~•~ ~ R ~~ t~~~ic~E~ g t , A R ~ r i~ ~~~ 9 5o i5 ~ i §5 §z 5 z ~ y ~r ~ as ,~ , ~ I ~ H~Z~ <'~ ~o ~ cG! i ~ QYO~ W~ ~ ~~i ~ 1 la 0 !~, ~ t go Q 0~~ 5 ~ ~ J i a a F a ~-~.~ ~~ ~~ i ~ ~` (R r, ~- n a.w.,a.,.~.,.a~ «....... ....... i 1 { i { i ns{-cogs 1 ~w a ~! ~1 ~i ~~ Y ~4 w 0 e p kk e~ ~ 'a e ~ w ~ N - l d fA .. - < - _ wa A ~ ~ • ~ ~~~ '~ »• a} ~~ - ~... r k~ ~ ~~ _ 'a • Facts and Findings: A. General Information R-4 -Zoning 59 -Lots 46 -Acres - Traffic Analysis Zone (TAZ) Western Cities -Impact Fee Benefit Zone West Ada -Impact Fee Assessment District i .nci~st Grove Road Local street (section line) with no pathway designation No traffic count available This phase has no frontage on Locust Grove Road B. Staff is recommending that this subdivision be modified to align Scaup Street with the approved stub street in Sundance Subdivision to the north, to culdesac Cygnet Drive since the site's east boundary abuts the future school site, to shift the southern stub of Cygnet Drive to the west and terminate Cygnet Drive in a culdesac to avoid substandard angles at the intersection with Easy Jet Drive. C. This application is scheduled for a public heazing by the Meridian Planning and Zoning Commission on June 13, 1995. Site Specific Requirements: D. Submit a revised preliminary plat with the following changes: - align Scaup Street with the approved stub street in Sundance Subdivision to the north - cul-de-sac Cygnet Drive at its east end since the site's east boundary abuts the future school site - terminate Cygnet Drive in a culdesac to avoid substandazd angles at the intersection with Easy Jet Drive - shift the stub street to the south property line to the west Los Alamitos No. 3 Page 2 • ~ .. Standard Requirements: 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 davs of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minunum fee of $110.00. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Staff Submitting K~ren_Gallagher Los Alamitos No. 3 Page 3 • SUBDIVISION EVALUATION SHEET Proposed Development Name LOS ALAMITOS PARK SUB NO. 3 City MERIDIAN formerly SAGEHEN ESTATES Date Reviewed 7/13/95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following proposed may be used as replacements for streets shown on the plat if the Ada County Hiahwav District will verify that the names will fit on signs "BRANDYS JEWEL" "TRIPLE PLUM" "SEATTLE SLEW" "BLACK BEAUTY" "GOLD BAR" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,/~ENCY SENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Representative Representative .. Date li4 YL- Date ~[,~ ate 7 95 ~ -Bate 2(a ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada'County Engineer at the time of signing the "final plat", otherwise the plat wEl not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS SU~VISION EVALUATION ~EE~- -~i:Ei'~d~P~ J U ~~ 1 '3_ ~~~~ Proposed Development Name-t - tA1Vtl FA -- -City~lIER10JArlg~ ,,,. ------ formerly SAGEHEN ESTATES ~E~'i~~~~ Date Reviewed 6/08/95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "S LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as: "E. TIME ZONE DRIVE" "S. BAYOU BAR WAY" "E. PARTY JET STREET" "E. EASY JET DRIVE" "S. CYGNET WAY" "E. WETLANDS STREET" "S SCUAP AVENUE" "RED ROBIE" was not approved for phase 2 and therefore cannot be used in phase 3 "CYGNET" can only be used on one street and therefore the most easterly street must have a new name. "MR. TINK" was not approved for phase 1 and therefore cannot be shown on this plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. -~ ADA COUNTY STREET NAME C011111V1ITT~;~AGENCY ~PR SENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Representative Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS O ~ ~_ Date Date cI s Date l - ~ 1`'S ,, . , -- ___ - --- _ s _--- --- - - -- - -- _. - - -- .... r t, :E ~* r~ •[i ~ \ p r /1 n~ ~'~ f. . ~l~ )~ j . ~ / ''N ~ r • r ~~ .1 M ~ 1•`j A t 1 ~ /.. i~ r '+. ~~ .~° ' h 1' •, ,. ~ . y. r » ... a ~ a r n - y _ ___ ~ / r d i~ v r' ~, n , •~~~ _ • / ~ r 'r • N ~ r „ r ~... • ~ ', ' • ~fw ~ i h ~-^' . Y ~~ ~' f J • /' e ~ '~ „^.- r -.""'" r ..~~- Ir ,~ ~/ ~; ~ '~ • ~~ MMM r • r / 1 `~ v~ ... H ' '~' . ~ ~ ~ ~ '. -."' r 1 .i _~ JNIr' .~ /~ ~ ~ ~~ ~ r ~- i d • .~ I ~~ • . N~• ~• ~. rM1 '_-• NM "~~ --- / ~, F v - I V ~ _ .~ ~ p ~ , «.~. ,~ I ~' _._. ,R ~ .~ ..w N..wr. wrww. d / ~• / ~+ M Z'j. .., y N i J 3 ... r r /~ ~' ~ SUBDIVISION EVALUATION SHEET Proposed Development Name LOS ALAMITOS PARK SUB NO. 3 City MERIDIAN formerly SAGEHEN ESTATES Date Reviewed 6/08/95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "S LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as: "E. TIME ZONE DRIVE" "S. BAYOU BAR WAY" "E. PARTY JET STREET" "E. EASY JET DRIVE" "S. CYGNET WAY" "E. WETLANDS STREET" "S. SCUAP AVENUE" "RED ROBIE" was not approved for phase 2 and therefore cannot be used in phase 3. "CYGNET" can only be used on one street and therefore the most easterly street must have a new name "MR. TINK" was not approved for phase 1 and therefore cannot be shown on this plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT,EE~Q-GENCY SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Date C ~ Date / - ~' l'S Ada Planning Assoc. Terri Ra City of Meridian Meridian Fire District Representative Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS ~ CENTRAL CENTRAL DISTRICT HEALTH DEPARTI°IENT •r DISTRICT Environmental Health Division i .,, ~ ~ ~rn to: H EALT H ~ J ^ Boise DEPARTMENT J~~ 0 1 1~t~~ ^ Eagle Garden city Rezone # r~><rv r`r s" a~ ~ ~;r 9 fl~ j • ` ~ "' Meridian Co ' ' I Use # ^ Kuna eliminary / final /Short Plat ~s ,.g2.gi`~O,~O~S' /J~-3 cSyt3 Df/~Jro,J ^ ACZ ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual 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: g central sewage ~`c~mmunity 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. ^ I4. 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 ~ / 2~ / ~~ 15. ~~t,~y w~n'~ ,M.t„/rk-6~M~N-r' U?iTE-~ct':4 %~t' A-Tll~c~ . Date: J" Reviewed By: ~ Review Sheet fDND 10/91 rcb, rev. I/9S CENTRAL ~ • •• DISTRICT -'HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL • BOISE. ID. 83104.0825 • (208) 315.5211 • 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 RECONIlbIENDATIONS 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 ! Boise Courtly Oflce WIC loin • M~iidan Elmon Canty 08k~ EYnore Canty gllu Valet CarY1r 018ce 107 N. Amutrpx3 q. 1606 Robert St. 510 E Am Sheet N. of Erndrorrnerdal Heatlh P.O. lox 144! Boise. ID. 83704-0825 loge. ID. 83705 Manton Home. ID. 1905.41h Shea E. dkCa1. l0.13638 Ermro. Heath: 327.7499 Ph. 334-3355 83647 Ph. 58J-4407 Mountan Hartle. ID. PR 634.1194 Farnly Plorxvr¢ 327.7400 324 Merid'prt Rd. 83647 Ph. 587.9225 Yrvrxn¢atbnx 321.7450 Merid'gn. 0. 83042 Nutritbn: 327.7460 Ph. 888-0525 '~MC:321.1488 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waate Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P ti Z Adm. KENNETH W. BOWERS, Flre Chlet 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 ~ C' r~ ~--, r ~ ,r ~-~ MERIDIAN, IDAHO 83642 --- , ; ~` ,•~~ ~`~ Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 ~. ~`' f `a y x3`s~ GRANT P. KINGSFORD f ' = A , ° : ;, r~ Mayor i, ~ ~. ~ f li . ! L..,., ~ , .1t;T COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chalmtan MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning 8z Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6 1995 TRANSMITTAL DATE: 5/22/95 HEARING DATE: 6/13/95 REQUEST: Annexation/Zoning/Preliminary Plat for Los Alamitos No. 3 BY: Farwest Developers - LOCATION OF PROPERTY OR PROJECT: South of Overland Road East of Locust trove Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P!Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: Nam a & Meridian Irri at ion CONCISE REMARKS: p g OU FIRE DEPARTMENT POLICE DEPARTMENT R Y District's Hunter Lateral courses throu h the middle of CITY ATTORNEY the project. T e right-of-way of the Hunter Lateral is CITY ENGINEER 4 eet : 20 feet from the center each wa See Idaho CITY PLANNER Co e -1208-'RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSE~'SION. The developer must contact John Anderson or Bill Henson at 466-0663 or - or approval before any encroachment or chan e of ri ht-of-wa ccurs. This istrict requires that a Land Use Chan e/Site Develo went a licat' file or review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for further information All laterals and waste wavs must be protected. Municipal surface drainage must be retained on site If anv surface dra;nagP 1PaVP.Q rhP G;te, Nampa & Meridian Irrigation District must review drainage mans. Tr ;s rer•nmmPnrled gation water be made that irr i available to all developments within this District. J /f Bill Henson, Assistant Water Superintendent ~~~ a ~ 1gg~ Nampa & Meridian Irrigation D istrict ~..~ (~ iv{ d~'~G111AJ'~l'~. • aria & ~1f~udta~~t ~vc~gatiaoc ?~cdaeict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Roylance & Associates 4619 Emerald, Suite D-2 Boise, ID 83706 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Los Alamitos Park Sub No. 3 Dear Roylance & Associates: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development.- If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Gene & Freda Babbitt Marty Goldsmith City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 June 1995 HUB OF TREASURE VALLEY • OPPICIALS WILLIAM ti. BERQ Jr» Clty perk JANICE L OA88, Clty Trwwer GARY D. SMITH, P.E. Cliy Enpineu BRUCE D. STUAt7T, Weser WoAU Supt. JOHN T. SFIAWCROPT, Weste Wetu Supt. DENN18 J. SUMMERS, Pula Supt SHAM S. STILES, P a Z Adm. KENNETH W. BOWERS. Fln CBlsf W. L "BILL" ODROON, Pollce CAI•f WAYNE O. CROOKSTON, JR., Attorney A Good Plan to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (Z08) 888133 • FAX (~ 8874813 Public Works/BuiWioB Depacuttalt (208) 887-2211 GRAM' P. KINGSFORD ~~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YEARINGTON ROBERT D. CORRIE WALT W. MORROW P t Z COMMISSION JIM JOHNSON. Ctutirmen MOE AUDJANI JIM 8NEARER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8i Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6. 1995 TRANSMITTAL DATE: 5/22195 HEARING DATE:. 6h3/95 REQUEST: Annexation2oning(Preliminarv Plat for Los Alamitos No 3 BY: Farwest Developers LOCATION OF PROPERTY OR PROJECT: South of Overland Road. East of Locust trove Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C1C 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(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PREUM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PREUM b FINAL PLAT) BUREAU OF RECLAMATION(PREUM bFINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: o(J3 1^, EST rc~~5.- _ ~1 t FRANK W. STOPPELLO ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, H)AHO 83702 FRANK W.STOPPELLO JERRY A. KISER June 8, 1995 Meridian Planning & Zoning Commission 33 E. Idaho Street Meridian, ID 83642 Re: Gem Park II Partnership Annexation and Zoning of 181 Acres Gem Park II Partnership Conditional Use Permit for 181 Acres Dear Sirs: JllP~ 0 ~ 99~'a r;~ ~ Y 1,~~ ~~~l~~~ TELEPHONE 12081 338_1020 FACSIMH.E 12081 338-1027 I am the owner of approximately thirteen acres of land that lies south of the Los Alamitos Park Subdivision owned by Marty Goldsmith and north of the Gem Park II Partnership land. While I am not opposed to development, I do have the following general concerns: 1. Viewer Access. It is my understanding Meridian calls for sewer access to be either in the 9 Mile Drain or down Bayou Bar Street of Los Alamitos Park Subdivision which is parallel to the 9 Mile Drain. I would like to see this sewer access maintained for the future development of my thirteen acres. 2. Street and Utility A ianm n I have enclosed Exhibit A prepared by Mr. Goldsmith, which shows a proposed future plat of my thirteen acres that is adjacent to Los Alamitos Park Subdivision. Please note this proposed plat contains two street alignments with the Los Alamitos Park Subdivision to the north and two southern street alignments which I understand is required by ACHD. ~ ~ Meridian Planning & Zoning Commission June 8, 1995 Page Two I would like to make sure the street alignments of Los Alamitos Park Subdivision and the proposed Gem Park II Partnership be coordinated with my land prior to approval of their applications to not only insure compliance with ACRD, but provide for utility access for all development. 3. R4 Zonina. I assume the application for R4 zoning will preserve the R4 lot requirements of 80 foot wide frontage and 8,000 square feet for each lot. I am in favor of maintaining these standards. Sincerely, W . Frank W. Stoppello Attorney at Law FWS:dc Enclosure • • I~ y \ ,~ ` O ~ 0 i 0 i~ ~' ~y~-'~~• i.~. ~/ ~" \ \ .~ ~3a~ v ~ \ / 9 ~ / r~~V D~ j~ ~;. .~~ ~'`~ / ~ j/ .~.^ ~ ,i / ~,. EXHoIBR T Che site is located ~f Overland Road, east of to generate 590 additional Locust Grove Road - 1 stree "~ ~on li no pathway designation ~~;} ~ is C ~ ilable Overland Road - , erial' s athway designation - Tr ~~~ ` 5.5`~ ;~ ~ ~~ 11-8-94 ~ i ADA COUNTY HIGHWAY DIk Development Services D'visio Preliminary Repo `~ Preliminary Plat -Los Alamitos No 3 - MS-8-95/MRZ-6` exat Locust Grove Road s/o Overland Road, City of Meridian; Los Alamitos No. 3 is a 59-lot residential subdivision on 46.0=~ approximately 1/4-mile east of Locust Grove Road J°e -mile's _ Los Alamitos Subdivision No.l and 2. This dev t' ~ ~ vehicle trips per day. ~ ~ a= Roads impacted by development: Issues to be add 1. Right-of 2. Road im 3. Stub stre 4. Connecti school site OVERLAND ROAD OVERLAND ROAD ~ \Z >~ ~ ~ 3 ° _ ~ v n+E ~ ~ ~ ~ \~ ~ ~~ o MERI AN ~, f. \ Q ~~ \ ~ ~ PROJECT ~` ! LOCA110N p ~ GREENS `~~SPORTSMAN J CrNASE3) ~ SFCTI J ~ 9 \~ POINT S T OfJ 20 ~ Q\ T 3 f ~J R 1 E ~1 s e i P NASe z f? ~"E- rao~NeAt cTH cAN~iu. R DS ~` 1 r- SUBDIVISI 0 \ ti~ti~ N \ ~T ~"% ~ \y KACHINA `~ 4 ~~.. \ \ AICOONALD LATERA! C~~ \ESTATES ~ ~ ~- ~ ~ VICTORY ROAD V7C70RY ROAD ALAM1.3 ACHD Commission Date -June 28, 1995 - 7:00 p.m. ~\ °~S OOO 06fL-9ff (90L 90LCB e~PVI ~~MB Z"0 ell^S pprug 619Y ~~ v/w ~'•~ ~1O uwuo~dpuo~ ~~odan~ng •~~~u~6u3 ~_~~ '"' °' `dd 831'dIJOSS`v' aNV B~NV1JlOH! Naswaens ~t+vd soyvrv-iv sow s i s~ a/eVe Yie~ rle ~! lfnd ~dvNiwrr~dd Q 3 Z ~ ~ ~ ~ ~ ~ ~ ~ e ~e~e 1 1 1 i . r e # # i ~ to ~ I I I r ~ 6 $ 3~ ~`~ ~ ~ ~ 3 ~~ ~~ ~~a ~~ e r ~ i @ ~ r o ~qaa ~~ ~ a ~ ~~' i~~ ~~ ~ ~ ~ 0 Q ~~ 3 ~ ~ ~~~ ~ 3 ~ ~~ ~ ~ '~ g i~ eF~ e3 ~ ~ ag r r g ~~ ~~ ~~ ~~ ~ Y~ ~ ~ ~ : ~~ r Z~c _ .. ..--R = o~~ o t /~~( N gg tE ~Y ~ ~ ~ ~ ~ a 3 ~ ~~ti~ ~ ~ ~a3t _za ~ ~ t i ~. ~ ~ ~~ ~ ~~~ iZ ~~ 9 ~ ` ~~~R ~~~~~x o ~ n. ~ z Q~ o~~ ~ Jm a ~-~ ~ ~ A 8 F ~ ~~ ?• ~~ . 1 R5~w Ys w t^ f• I i t f f19t-fOS6 I FF~` wZw3 WI~ Q ~~ ~'B: Facts A. B. C. ith the )rive since the ~gnet Drive to at the This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on June 13, 1995. Site Specific Requirements: D. Submit a revised preliminary plat with the following changes: - align Scaup Street with the approved stub street in Sundance Subdivision to the north - cul-de-sac Cygnet Drive at its east end since the site's east boundary abuts the future school site - terminate Cygnet Drive in a culdesac to avoid substandard angles at the intersection with Easy Jet Drive - shift the stub street to the south property line to the west Los Alamitos No. 3 - MS-8-95/MRZ-6-95/Annexation Page 2 ~ ~ • • ~ zq 1 Standard Requirements: ~; 1. A request for modification, variance or waiver of an r~ shall be made, in writing, to the Manager of Engin~~'~ the original Commission action. The request shal).~in requirement would result in substantial hardship or inec Should you have any questions or cotnments~~plea Division at 345-7662. :~~ airement ar~ ~ outlined herein Services wittun 15 calendar days of statement explaining why such a minimum fee of $110.00. the Development Services Date of Commission App~oval• Los Alamitos No. 3 - MS-8-95/NIRZ-6-95/Annexation Page 3 • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 13 1995 APPLICANT: FARWEST DEVELOPERS AGENDA I TEM NUMBER: 14 ~ 15 REQUEST: REQUEST FOR ANNEXATION/ZONINQ/PRELIMINARY PLAT FOR LOS ALAMITOS N0.3 AGENCY COMMENTS CITY CLERK: ~O I, h CITY ENGINEER: SEE ATTACHED COMMENTS '~`V CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS ~ ~~ CITY ATTORNEY: ~~ ~ CITY POLICE DEPT: "REVIEWED" ~ l~° ~~ SEE ATTACHED COMMENTS "~~ CITY FIRE DEPT: J~ CITY BUILDING DEPT: ~~ T: ~' ~ ctiQ~ MERIDIAN SCHOOL DISTRIC MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS 011 Materials presented at public meetings shall become property of the City of Meridian. SUE~IVISION EVALUATION MEET ~~~` ~ ` ~ ~~~~ v t: ii i .,,~.~ Proposed Development Name LOS ALAMITOS PAfiK-SUB-NO: 3 -City -MER1D~ ~ ~ ~,`wi y i~`, formerly SAGEHEN ESTATES Date Reviewed 6/08/95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin4 existing street names shall appear on the plat as• "S LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as: "E TIME ZONE DRIVE" "S BAYOU BAR WAY" "E. PARTY JET STREET" "E. EASY JET DRIVE" "S CYGNET WAY" "E WETLANDS STREET" "S SCUAP AVENUE" "RED ROBIE" was not approved for phase 2 and therefore cannot be used in phase 3 "CYGNET" can only be used on one street and therefore the-most easterly street must have a new name "MR TINK" was not approved for phase 1 and therefore cannot be shown on this plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT,E~~Q+GENCY PR SENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri R Representative Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS a' ~ ~_ Date Date ~ S Date / - ~ ~'S ~---- r - _-,-- ~ rrgl ~ p 5~ w ,. ~' \~' ~ ' .- " e '~ r ;. -, \ .... ~ ~ v ' r / n , r . I n~ ,'• ~Y ~ .. \ - ~' " -- ~1~t_ ~~ - r f r\`~ q >s v +~ a /J r n n ~, -- } - ---- ~, / r n ~, ,~ -~ ' II ~ ~ V • ~~ " R ..... t r ~_. I " • w , • " n n .. i • _ ~ ~ F h ~ • V ~ • . _, ~ • " •'~ r ~ 1 N -.'_'. ' rw/ ~,. N ~ ..~ MM - . _ r / ~ , ~~ ~ ., . H ~ n ~- ~ . i u- ~ __. • ~ ~ .....~. M . I ~ ~-- ~ " ~ / ~, ~ v - I V ~ _ ~~ " a I ~ ~ J -~ , " ~ .; ~ ~ ~ ' -- ....~. M JJII ~ ~. r p q / / 'ti J . I .:.,,I,w:.....1.....« ... '~ I --- .. 7AV 9N'J;ld7!iJll~ 'S ~ ~ -~ ( ,~, of r...r. w.~~ d /~ ~ ~ ~ ' " / ~I~ M ~'r• ~ ; . .. .Yt_ 1 .... i . / ~~,' ~,~j(~ ~~{IM' y ~ Ii M , K3 M ~ • } .I- Ii ~/ i( \" // / M II n ' ~ __M SU~IVISION EVALUATION ~EET Proposed Development Name LOS ALAMITOS PARK SUB NO. 2 City MERIDIAN formerly SAGEHEN ESTATES Date Reviewed 6/01 /95 Preliminary Stage Final XXXXX Engineer/Developer Rovlance & Assoc. / Farwest Developers The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE sunder direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: ' "S. LOCUST GROVE ROAD" The followino new street names are approved and shall appear on the plat as: "E. TIME ZONE DRIVE" "S. BAYOU BAR WAY" "E. PARTY JET STREET" , The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. /~ ADA COUNTY STREET NAME COMMITTEQ; A~Ep1CY R~EPR~ESENTATIVES OR DESIGNEES A.da County Engineer John Priester >4~~L~' 7/l/~~~~~~ Date Ada Planning Assoc. Terri Raynorv ate City of Meridian Representativ Date Meridian Fire District Representative ate NOTE: A copy of this evaluation sheet must be presented to the Arch County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS ~fGy~ Lt'~7tJ ~~/Z~~S~ ~~ S /~~y~~C~~ ~~i~~