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HomeMy WebLinkAboutSterling Creek AZ PP (fka Elvira Sub)z. WILLIAM u. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: REQUEST: Annexation and Zonin to R-8 with/ Preliminary Plat for Elvira Subdivision BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATEP. DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIItE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8c FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8c FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: . ~ . _ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request Sor preliminary plat approval must be in the City Glerks possession no later than three days Solloring the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission rill hear the request at the monthly meeting tolloring the month the request vas made. After a propo:al enters the process it may be acted upon at Subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday Solloving the Planning and Zoning Commission action. GENERAL INFORMATION Crow Annexation i. Name of Annexation r~i Subdivision. E1 yi ra Subdivision, a P. U. D. Part of NE4 & NW4, Section 7, T.3N., R.lE., Ada County, ID 2. General Location, 3. Orners of record. Ruth Crow and El Hors Johnson Ron CCroy Address. ~ ~7 41. Parapet, 3oi se ID .Zip 83703 Telephone 853-1001 Ron Crow Address, 6937 bl. Parapet, Boise, ID 4. Applicant. Gary A. Lee, P.E./L.S. Firm J-U-B ENGINEERS, Inc. S. Engineer. -- Address Bose; ~~echwood Avenue ,Zip 83_ elephone 376-7330 6. Name and address to receive City billings: Name Ron Crow 937 tJ. Parapet 853-1001 Address oise, ID Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 10.85 2. Number of lots 33 SFR + 8 townhouses + 6 corrton 1 ots 3. Lots per acre 3.78 4. Density per acre 3.78 units/acre 5. Zoning Cla:sitication c s ~ RT -requesting R-8 +~- 6. It the proposed subdivision is outside the Meridian City Limits but within the jurisdicti 1 1 at is the existing zoning classif ication ~- ~~ E6un`~~ 7. Does the plat border a potential green belt ves - Five Mi 1 e Creek 8. Have recreational essements been provided for Yes 9. Are there proposed recreational amenities to the City Yes Explain common 1 of al ong Five Mi 1 e Creek 10. Are there proposed dedications of common areas? Yes Explain greenbelt, sanitary sewer., private driveways, store drain For future parks? n__ Explain 11. Mhat schoolts) service the are• Meridian do you propose any agreements Sor future school sites ono Explain 12. Other proposed amenities to the City Water Supply Fire Department ~ Other _ water and sewer Ex pl a i» extensions of domestic water and sanitary sewer 13. Type of BuildingRes~iedentd a~tial, Commercial, Industrial ur combination)1 14. Type o#~3Ds,nlle nt~imi~ly Si~~ownhouses y(~4 bul'~d~ngs~~ Multipie:ces, other g 1~. Proposed Development featuresz 6,500 SF - SFR a. ?linimum square footage of lot t s) , 3,477 SF - townhouse 1 ots 1,001 S -SFR b. Minimum square footage of structure t s ) 800 SF - townhouse 1 ots c. Are garages provides for, Ye= square footage 400_ no d. Are other coverings provided for e. Landscaping has been provided for Ye= Describe- storm drainage. pond, 8-foot buffer between townhouses and a erne ar Subd,vision t2) M . f. Trees rill be provided for Yes Trees rill be maintained H.O.A. g. Sprinkler systems are provided for Yes h. Are there multiple uni ts Yes Type townhouses remarks two 1 i vi ng units per bui 1 di ng i. Are there special set back requirements yes . Explain zero setback on common wall line ~. Has off street parking been provided for yes .Explain driveways and garages k. Value range of property $80,000 t0 $120,000 1. Type of financing for development Conventional, FHA, VA m. Protective covenants rare submitted no .Date 16. Does the proposal land lock other property no Does it create Enclaves no STATEMENTS OF COTIPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highray District and Meridian Ordinance. Dimes:ions rill be determined by the City Engineer. All sideralks rill be five (~) feet in ridth. 2. Proposed use is in conformance rith the City of Meridian Comprehensive Plan. 3. Development rill connect to City services. 4. Development rill comply rith City Ordinances. 5. Preliminary Plat rill include ell appropriate easements. 6. Street names must not conflict rith City grid system. (3) • APPLIATION FOR ANNEXP,TION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION a planned uni t Bevel oprient i s i on, i v bd Su i ra I v E s ~ g O p ~ p R ~ s tsof Ulashi ngton AUe n eVI!~eIS~Naf Danbury Fai r (P Subdivision No. 4, Ea 650 feet South of Fairview Avenue (GENERAL LOCATION.) A portion of the E 4 and Pd41 a of Section 7, T.3P1. , R. lE. , B.f~1. , Ada County, Idaho (LEGAL DESCRIPTION - ATTACH IF LENGTHY) (see attached) Ruth Crow Elnora L. Johnson, Contact Ron Crow 853-1001 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) c/o P.on Crow, 6937 ~~J. Parapet, Boise, ID 83703 (ADDRESS) Mr. Ron Crow 853-1001 (APPLICANT) (NAME) (TELEPHONE N0.) 6937 !•1. Parapet, poise, ID 83703 (ADI~REy ~} Lee, P.E./L.S. J-U-B ENGINEERS, Inc. 376-7330 (EN 25 NE F'+a eE20}1 ( N~ ) ~ e P O oo YAe hR l TELEPHONE NO . ) 0 S i t Su ~eec u , n w Boise, ID 83709 (ADORE33) City of P1eridian, Idaho (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 10.85 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) V f~ i NARRATIVE FOR ELVIRA SUBDIVISION, a Planned Unit Development To: City of Meridian Planning and Zoning Commission And City Council Prepared by: Gary A. Lee, P.E./L.S. J-U-B ENGINEERS RE: Elvira Subdivision J-U-B FILE NO.: 11216-06 DATE: August 22, 1997 SUMMARY OF REQUEST The applicant is seeking approval for Elvira Subdivision, A Planned Unit Development. The project will consist of 33 standard single-family lots; 8single-family townhouse lots; plus 6 common lots. The standard residential lots will range in size from 6,500 square feet to 14,000 square feet. The townhouse lots will be 3,477 square feet to 5,500 square feet. Structures on the single family lots will have a minimum floor area of 1,001 square feet to 1,301 square feet in accordance with the Cities Zoning Ordinance and dispersed as shown on the preliminary plat. The townhouse units will have a minimum of 800 square feet. The 10.85-acre (gross) property is located 650 feet south of E. Fairview Avenue; west of Danbury Fair Subdivision. No. 4; and north of Catherine Park Subdivision. Said Parcel is described as a portion of the NE 1/4 and the NW 1/4 of Section 7, Township 3 North, Range 1 East, Ada County, Idaho. In addition, the parcel is currently situated within Ada County and is contiguous to the Corporate City Limits of Meridian, Idaho. It is currently zoned RT or Rural Transitional. The applicant is also seeking an annexation of the property and zoning of R-8 (Single Family Residential). Also, a Conditional Use Permit is requested for a Planned Unit Development which will allow for the eight townhouse lots shown as Lots 2 through 9 of Block 1. GENERAL INFORMAT~ Applicant: Mr. Ron Crow 6937 West Parapet Court Boise, ID 83703 Engineer: Gary. A. Lee, P.E./L.S. J-U-B ENGINEERS, Inc. 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 376-7330 (Voice) 323-9336 (Fax) OWNERSHIP AND SIZE Owners: Ruth Crow & Elnora Johnson Gross Plat Area: 10.85 Acres Gross Annex. Area: 10.85 Acres Density: 3.78 Single Family Lots per Acre EXISTING ZONING OF THE SUBJECT PROPERTY RT -Ada County PROPOSED ZONING OF THE SUBJECT PROPERTY Residential (R-8) with conditional use permit to allow a Planned Unit Development -City of Meridian SURROUNDING ZONING AND LAND USE The zoning of the surrounding properties is Commercial General (CG) to the North, R-15 to the west and R-8 to the East and South. Adjacent land uses include commercial and residential. There is an apartment complex along the western boundary of Elvira Subdivision, PUD. The unplatted area to the northwest is currently vacant and is not in use. -2- INTENDED USE OF THE PROPERTY The applicant intends to develop a mixture of single family residential lots to include standard houses, which will meet the size requirements of the City's Zoning Ordinance. In addition,. 8 townhouse lots will be developed to allow for two unit structures with common walls. SERVICES Transportation: Washington Avenue provides access at the southwest corner of the site with a future connection planned for Badley Street at the Northwest corner. Fire Protection: Meridian City and Rural Fire Protection District Water: City of Meridian Municipal Water Wastewater: City of Meridian Sewage Disposal Irrigation: Nampa-Meridian Irrigation District School District: Meridian School District STATEMENT OF VARIANCE REQUESTS The applicant is not requesting any variances at this time. STATEMENT OF DEVELOPMENT FEATURES Easements and right-of--ways are being provided for and dedicated for sewer, water, irrigation, landscaping and roads. Six common lots are being planned. Two lots are planned to be private driveways to provide access to a portion of the lots. One lot will be designated as a pathway or greenbelt in accordance with the City's plans to develop the Five-Mile Creek Greenbelt. Two lots will be sanitary sewer lots in accordance with City policy. One lot will be a landscaped storm water drainage lot. The Homeowners association will maintain these lots. STATEMENT OF ZONING COMPLIANCE The zoning amendment requested is desirable because it will allow an in-fill development to proceed. Currently, the land is vacant and has been out of agricultural production for quite some time. The presence of single family homes will be a good use for the property, keeping the weeds under control and providing harmony in the development of the surrounding neighborhood. -3- Further, this proposed z~ng amendment and subdivision pl~fits within the goals and objectives of the Meridian Comprehensive Plan. The requested Conditional Use Permit for a Planned Unit Development is desirable because it will allow the development of a mixed use of single family residential units. As stated before, eight of the proposed 41 units will be townhouse lots. This type of development will result in good transition from the surrounding single family homes and apartment complex. The developer, Ron Crow, does state that he agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the requested use of Planned Unit Development. FEES SUBMITTED Subdivision Application 41-lot Subdivision - $300.00 + (41 Lots X $10.00) _ $710.00 2 Mailings (Certified) - $1.67 X 74 Notices = $247.16 TOTAL SUB. AP. FEES = $957.16 Annexation Application Application Fee- $400.00 + (9.85 Ac. X $15.00) _ $547.75 2 Mailings (Certified) - $1.67 X 74 Notices = $247.16 TOTAL ANNEX. AP. FEES = $794.91 Conditional Use Application Application Fee- t Mailings (Certified) - $1.67 X 74 Notices TOTAL C.U.P. FEES TOTAL FEES REQUIRED _ $275.00 _ $247.16 _ $522.16 _ $2,274.23 -a- ~r , i • J U~ Engineers Surveyors Planners Project: 11216-06 Date: August 21, 1997 ELVIRA SUBDIVISION A PLANNED UNIT DEVELOPMENT ANNEXATION LEGAL DESCRIPTION A portion of land within the East 1 /2 of the NW 1 /4, and. in the West 1 /2 of the NE 1 /4 of Section 7, T.3N., R.1 E., B.M., Meridian, Ada County,. Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center 1 /4 corner of said Section 7; thence North 00°34'46" East; 957.00 feet (58 rods) along the North/South midsection line to the TRUE POINT OF BEGINNING; thence along a line parallel with the East/West midsection line, North 89°33'49" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet East of and at right angles with the North/South midsection line; thence North 00°34'46" East, 877.66 feet along a line parallel with said North/South midsection line and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; thence continuing North 00°34'46" East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a tine parallel with and 301.00 feet Easterly of the mid-section line of said Section 7 to a point on the Northerly line of the Southwest 1 /4 of the Northwest 1 /4 of the Northeast 1 /4 of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; thence North 89°42'37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest 1 /4 of the Northwest 1 /4 of the Northeast 1 /4 to the Northwest corner of said Southwest 1 /4 of the Northwest 1 /4 of the Northeast 1 /4 of Section 7; thence South 00°34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South mid-section line of said Section 7; thence continuing South 00°34'46" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 of the Vacated Plat of the Second Cottage Home Addition to Meridian; =' ~J~u Annexation Legal Description Engineers Surveyors Planners August 21, 1997 Page 2 thence South 38°30'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said Block 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; thence South 00°34'46" West 926.26 feet along the West line of said Block 13, said line is 150.00 feet West of and parallel with the said North/South midsection line, to a point; thence South 89°25'14" East 150.00 feet along a line at right angles with said North/South midsection line to a point on said midsection line; thence North 00°34'46" East 272.64 feet along said North/South midsection line to the TRUE POINT OF BEGINNING; Containing 10.85 acres, more or less. SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: GAL:Idw Gary A. Lee, P.E./L.S. F:\PROJECTS\11216\ADMIN\LEGALS\Annex Legal. dot J-U-B ENGINEERS, Inc. .._ ~ 1 SZ1 r- . WARRANTY DEED aor' ~ :..". ~ Gam/ ~. o~;r ....:pro ~- I :...For Va}w Received ~• RECORJt~; 6 -, ~ - ,:,.. ~ - ~ ~ r 3 'c NOR]1 B: OVERTODT, a widow ~ ~.. ~% ~ _ ~ - 92 IAA 19 PFl 9 09 ` ._ tbt seantor •~ : do ea hen~by sratet. bar;aia, ad and convey unto ' `` '~ • ,~ ` :a ~'~ 5 .~ ~ ..~ BILL CROW `and RLiTB CROW, :husband 'and wife _ - :.°,,~;•.: ? ` , i> ~ r .1709 W. Jttierson,.Boise,~Idaho ~~ ~• `Fe a thi sraatN s, the ~foUowiat deaer}bed preadaes. to•wlt• ., Y'.,. -~ -; Cosimencinq at: ,tom, Nk corner of Section 7, Township 3 North, :~ ,~~r;, ., ;, :. ' Rangs 1 East,'.Boise. Meridian, ]1da County; Idaho; _ ~y~;*Y ' ,•Y=.; . Thence sunni.q SOUth 0°12'37" East a distance of 803.:8 „rr,. .:feet to .the REl1L POINT OP SEGINNINfis - - ~.~,~ Thence East'`s01.00 feet to a point;. ~'4 Thence Sout~t'.0°12'37" East a distance o! 883.00 feet, =` ~ ~ ,t:o a points ~: '. •" Thence West 301.00 feet to a points . .. Thence South 0°12'37" East a distance of 287.65 feet -- t:o apoint; • Thence South 89°39'40" West a distance of 151.55 feet to a point; Theece.North 285.96 feet to a brass cap marking boundary of Mesid~an City Limits; Thence North 0°37'05" East a distance of 640.30 feet to i a point; i • Thence Nor=}: 36°21'23" East a distance of 237.08 feet 1 to a points I Thence North 0°12'37" west 54.38 feet to the 1tEi+L POINT OF BEGI NNIIrG . I Together with all water and water rights, ditch and ditch zights appurtenant thereto. ... TO HAVE AND TO HOLD the said premises. with their appurtenance unw the acid Grantees . t}.eir heirs and assi=ns fore.~er. And the acid Grantor does hereby eovengnt to sad with the said Grantees , :!:»t s he is the owner in fee simple of said premise: that said pr+emisea are tree from all t..cumbranan sad that she v-~ warrant and defend the name from all lawful claims whatsoever. Dated: ~~~Z~••/•••J /3, 1973 ~~...J STATE O! IDAHO. WO~^tY OPG^'~~'w"`+" 73 , Os Ibis /,jr.G der o [ befen aye, a aetaq i•iNk is asd for said State. penw"allr appeared ~~'•, t ~r- ° ' ~ erton, a widow .~j . Y- f ee k~ w~ ,+k• a! saa,e i 9 ,pW~~~ tLls [oae+,n,eaR and aclvr,wMdsed to rae ~!i ti • ~ she ~ eaaauLi th. sun.. acs' ~ .` Meridian , tdaho aCr~ap>~ ~ /r~i r'~7 / .c STATE OF IDAHO. COU\"CY OF x 1 hereby certify that thin iastrueneat was dNd fot rowed N the eequut of G at minatn put o'eleek ea., ~ ~~ der et z l9 . is mr oGke, and duly eeeordad in Seek ~ 1 of Deeds at pap I e E:•OAleio fleeorder• I er D.paq. Feu f llait es: i~ z ~2~,_~ G~.~v Es F>~ o . o~,~. J 'J Capitol Title Company eoess. loAeto ~~v : !~ i3S 253 t, DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVg ~-- ~~ 8635831 THIS DEiD, Made by Elnora L. Johnson, as Personal Representative of •the Estate of Floyd T. Johnson, deceased, Grantor, to Elnora L. Johzaon Trustee of t:se Testamentary Trust of Floyd T. Johnson, deceased, Gzantea whose address is 8306 State Street, Boise, Idaho x3703. , wH*REks. Grantor is the _ , estate, tiled as Probate Nutrbera3Pt9988PinsAdalCoutpite entative of said k'H$RLl+S, Grantee is entitled to distribution of Yt},adhereinafter desoribed real prope:•ty; THERE?OZE, for valuable eonsidQration received, Grantor conve••s reloases to Grantee the decedent's interest in the follovinQ described real prope:ty in Ada Count a and Y. Id:•no: Lots l,••2, 3, and q, Block 1, Grandview Park Subdivision, according to the plat thereof, as recorded in Book ~ of pla:r a= page 186, rQCOrds of Ada County, Idaho. ALSO Lots 3 and 6 and t'te East ~;alf of Lot ~,!NcCartys Seccnd Addition, Ada County, Idaho, ALoO Pa=t of the Northwest Quarter of the tiorthaast Quarter oa Section 7, Townahio 3 inozth, Range 1 East, B.t~1., in Ada County, Idaho, more particularly d¢seribod as follows: Co.:~nencinq at a point 330 feet ~ast of the Northwest corner of the :7orthwest Quarter of the :northeast J1artez of Section 7, Township 3 North, Range 1 Gast, H.;-, in Ada County, Idaho, the real place of beginning; t:~e~ce East Sad free along the North pine of said o"action to a point: thence South o60 feet, more or ices, to the South line of the :;orth Half of the ~~=r~hweat Quarter of the northeast Quarter of said Section; thence West along said line, 388 feet to a point; ehere¢ tnorLh 660 test, ~cse or less to the real glace of beginning; 1CEPTING ^aHER£Fe~0!~1 THE :OLEO::?Zv;; DESCRIBED TRACT Or ~Z:nD, TO-WIT: Eo.'nmancinq at a point on rite [3orth line of the Northwest _J_artar of the :aort':a:st Quarter of said Section 7, _o•.r:sn~,p 3 'forth, Rarge ? East. 3.~d.. is ++Ca County, Idaho, 916 feet Eaat o: _.ze ;•;o,thw¢st corner thereof, tae real ooint of 5¢yinnin-• thence South, at _ight eagles, 170 feet, and pasa:lel with the East line of swirl :~orchwest Quarter o. :a¢ Northeast Quarter o! said. Section 7; thenc3 at ri;ht angles, and par~ll¢1 with the North Iin¢ of Section 7, t•:est a distance of 83 meet; thence North and arallel with the Eaat line of the Nor-hwest Quarter o~ the ivorth¢azt Quarter of said Section 7, 170 feet to the North line of said Section 7; tltence in +n iaat¢riy direction, on said ~. D=ED OF. DISTRIBUTION Sx ?ERSONAL ~P+Z.°-SEi\'TATI4E, p. 1 .~. ,- ,_ .~ .~, _ ;- "Sr: ~.. ~' _ ate.. ;-. , . - _ r :,,~., ~ra,:. •~^; ~ .a .:-.,' North ling, to the rQal 9 9 with all water, water riphtst of be innin t to9etiier ~~aY appvstenant thereto or connactQdtthozewithights- A part of the Northwest Quarter of the Nostheast Quarter of Section 7, Townshi °! the Boise Meridian, in AdapCount thidahoge 2 East particularly described as follows: y~ more Begtnnirg et thq Southwest corner of the Northeast ~ thence North along the °rthQsouthsmid-section lira of said Section distance of 58 rods to a 7 a North alonq~ths North-Southi~d-sectionclinenofnsaid section 21ne a distance of 883 feet to .the real point of beyinningt thence East a distance o! 301 lest to a point; thence North 110 feet to a points thence west point on the 'north-South midlsectionolinolotas~id Section 7f thenc said mid-section line a distance o! 210 feototohtheong real point o! beginning. ALSQ Lot 7 and the Northwesterly 10 leer o! Lot 8, Block 6, McCarty': Saco::3 Addition, Ada County, Idaho. ALSO Lot 8, except the Northwesterly 20 feOt, in 81ock 6, t4cCartys Socond Addition, Ada County, Idaho. ALSO { Lot 7 0! Block 3 of Fairview Acres Subdivision No. 1, according to the plat thereof filed in Book 10 of Plats ai pagQ 532, moo=ds of Ada County, State „f Idaho. ALSO Lots 1, 2, and 3 and the Wet:tigalf olnLot 41/8lockd23acated ~-rear McCarty': SQCOnd Addition, A6a County, Idaho. part a~ Ma: The real property herein described bQing togQther with all and ainqular the tenements, hereditament: and appurtenances thereunto belonging or in anywise appertaining? Subject. to all easements and tights-o:-way of record or appearing on th• land. DATED this-30th day o: ~iay, 1986. ~~lsa~L eJ eincra L. moo.".:,so,-,,, - - - .~ Paraonal Representative of the Estate of Floyd T. Johnson, dace*.sed DEED OF DISTRIBUTIOiJ BY PEn50NAL REpZESENTATIV~, p, 2 ;r ~'~' _~ ~:..~ r~ `.i'rbT~ or rDAIiQ~ ) :i, ) ss. !; County o! Ada ~~ ) Ott this /D~ day of signed, a Notasy pu is in an` ~ 1986 El:sora L. J~'hnaon k or s~~ before me, the under- to the within inst sown to rae to be thaStata, personslly aPPo++sc.; !'loyd T. Johnson, d~eaaeda the Personal Repsesentative~ thaaEstats of came as such Personal Re • and acknowledged to one that presentative. she executed. the officialWaealsthe da~P' I have hereunto ant my hind and aff written. Y and year in this cerr ~ ixed my ifi..ate first hereiir<abovq. oY ~~~1 ; ~'••.. ••~ o a ~,......r~ ~ ,.. ttesidinquat Boise, Zdat•o • + l r~ ~ ~ .s My Cozr:isaion Expizes: 4'a7'~G ~` • ~ ~' ~: .. .. ~ ~ i • / . , P~ • /~~' .. Rs±ussC arr. re,~is, a - ..,.~~ti ~YIA Tt~,t y. ~/v : ~ M D"TE 7-i-fG Jv,VN ~STiD~ RYCO q ~ ~ .~ OICYti/ ~~ ~f/i. DEED OF DISTRIBUTION BY PERSON,gt, '~p~SE1~T.ITIV E. P. 3 ASs Coawts. lastw, u Rs~uep er Clemortt, Cn~!,o, Hutn~trsy TIV.a ~!; pa ~ Y DATE ~., • :. f G Jl'rF/N Q~SfIDA R£tY+IiDER a~ % 7 .~. hDLn • ~~ r --. - -- WARRANTY DEED ~ Fol• Value Receited THOMAS G.: OVERTON and NORA B. UVERTON, husband and wife, ;hr ¢r;tnu:rs , du hrtrby ),n;mt, lutrttain, sell and come)• unto FLOYD T. JOHNSON And ELNORA L. JOHNSON, husband and wife, thr ;tt:ntlre ,the folloa•inK dexrilved premiaea. tn•wit: ' i A Hart of the NWT of the NF.!y of Section 7, Township 3 North, ~ Range 1 East of the Boise Meridian, in Ada County, I~faho, mere particularly described as foliows: Beginning at the SW corner of the NE's of said Ser.tion 7; •' thence North along the North-South mid-section line of said Section i a distance of S8 rods to a point; thence con:inu- j ing North along the North-South mid-section sine of said section line a distance of 883 Eret to the real point of beginning; th2ncc East a distance of. 301 feet to a pint; thence North 140 feet to a point; thence West a distance of 301 Eeet to a point on the Nurth-South mid-section line of said Section 7; thence South along said mid-section Linea distance of 140 feet to the real point of beginning. Tf) Ila\'li ANI1 TO I10(.f) the wtid Prentisex. frith thrir ;rtpurtenanrra unto thr <aid t:r:nttce. their hrirx oust nsxi>,mr 1'orrt•rr. and Ihr xnid ('nuLLur 5 da hrrvhr cucrnaut to and kith thr .Hid Grnntre S. that Chc y are thr na~nrl s in I.r .ingtlc of said ptrmivr.; thnf maid I Prcminrs art Il•cc frore ull incumbrancrx i I ' i i ' and that Cite y will tc:u•rtut :uul drfrnd th.• +:uuv innn :dl Larl'ul rt•tintn trhat+urrr•r. Dntrrl: October ,Z Z 19G9. - _ i _ / ~ , f - r:vrt•: ov ut urt. r'rrrsrt •ll• ADA ' ~r.vrf :rr• nt.u!l:, : rto>: n• rrr .. r' ~ ; _ •nt lh~. Z ' Oct. la 59. • ~ 1 h•r.•l„• .n,rr ulna lh..::..tn.~,...,~ ...> lil.a a.r :....r.l :.t , n r ...i.l ~l~.r.. ~~.... ....:I ~ I~.(•.:« .~... ., .:..i r ~«.Llir .n ...~.1 f• ~h. ..~.,...t .. - - .. " '1 - .•l'tn .n .. : rr .. n. ~ 'THOMAS G. OVER'i'ON and NORA B, "' '~'° "` °i OVL•'RTON, husband :_ad wile, n ~• •n„.,.•.,,,.1..uly .,..rd«a :::tt,.,.- ~ l'. :) n lh: :: r: ~~r.S ~..1,.: ,p o-:u..,. g :1 ~'(' rl~pr.w-4. k' _ e t ~. ~%b 1 tarp within in.: rur..•nl. :an. ~:A.i..:. i. d; ..d i.. A t .. .• . d. i'Ln.a'lii a~~ «~ ~.:l..l :h, ~..... j ~.;d. ry:k r...:n;.,n la, ..1,, v • i ' '' ' VI C~ Meridian . i.t;d:, Hrnidinlt at r•.•,•„ 3 1Pl:A = {.~% •1 - .• ~ ~ a _ur ~ . .. .r..m, i - • • ANNEXATION/ZONING RE VEST AFFIDAVIT I, ELNORA L. JOHNSON, do hereby certify that I am the record owner of a portion of land described as the "Crow Annexation" in an application for Annexation & Zoning being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned application with the City of Meridian has been made. Dated this ~ ~ day o ~ 97. By: ELNORA L. JOHNSON STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ j day of ~; ~,,, !~g , , 19~, before me, a notary public in and for said State, Appeared ELNORA L. JOHNSON known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires ~L ;;z~ ~~ ~1y Nota~;~ Bond Expires // ~L~ , 19 t Idaho Residing at ,~ ; f~, ,Idaho • • ANNEXATION/ZONING RE UEST AFFIDAVIT I, RUTH CROW, do hereby certify that I am the record owner of a portion of land described as the "Crow Annexation" in an application for Annexation & Zoning being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned application with the City of Meridian has been made. Dated this ~l-~' ~" day of August, 1997. By: RUTH CROW G' STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ day of , 19~, before me, a notary public in and for said State, Appeared RUTH CROW known me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires ~ - ~'1 _ -~ ~ ~ My Notary Bond Expires , 19 Notary Public for Idaho Residing at ~/~ ~ ,, ; a •~ ~ ,Idaho 9. LAUC ~'°r, 9• 1Y ••• ~~ ' w ~pTAR r •~' ~' ~ ~'- G S * .• pUBLt O .•" ~. .,~~~.q TP OF 19 • PARTIAL RELEASE OF DEVELOPMENT AGREEMENT The Development Agreement entered into by and between MOORE OR LES, INC., an Idaho Company, and RONALD L. CROW, party of the second part, whose address is 1185 Osprey Ridge, Eagle, Idaho 83616 and 6937 West Parapet Court, Boise, Idaho 83703, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 98110311, on the 17t'' day of November, 1998, is hereby partially released and revolted in part by the deletion of the following therefrom: That Developers agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, ... ', foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial 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. and said provisions thereof are no longer binding on the parties thereto. 1Portions not quoted are not excluded. MDR CGUNTY RECORDER ~. onv~o NAVARRO ~~~cr. f0a1N(' PARTIAL RELEASE OF DEVELOPMENT AGREEMENT 36 R€C(}ItO~D- REIIUEST OF ~7 i~it~.~~C c~ ~~,~~._.DEpUT ~j°~ ~906773~ C~ • All other terms and conditions of the Developement Agreement are hereby affirmed. MOORS OR LES, INC., and RQNALD L. CROW CITY OF MERIDIAN By: ~C~Ioore or Les, Inc., Ron Leslie, President B ~~, ~ Y .~ J Ronald L. Crow ert D. Corrie, Mayor A' ~'GV~illiam G. Berg, Jr., C~t~,~e~ ~''~~.,f~ a~ ~ ~~ ACIQVOWLEDGMENT STATE OF IDAHO,) ~~~'' 9 SS. ~ ~ '~ County of Ada, ) -.:,,~y~~ ~r ~s~ ~ ~~~~`~~~ !!!!!!-tit titttt~~~~ On this ~_ day of , 1999, before me, the undersigned Notary Public in and for the St te, ersonally appeared Ron Leslie, known or identified to me to be the President of Moore or Les, Inc., Ada County, State of Idaho, and acknowledged to me that he executed the above instrument for and on behalf of said Moore or Les, Inc., and acknowledged to me that said 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. ~,4...~...,,,~ .•',~ ~L L. S ~~'~. .~ ~d .«. I~ •. ~pTA.Ry '~ o°a ~ ~ ~ NOT Y PUBLIC FOR IDAHO * '; pUBLZG ~° Residing at: i d. '•, ~ ••. o.•° o ~•• My Commission Expires: I '•., TE O F Y~~~o' PARTIA°~'"1~I!'' SE OF DEVELOPMENT AGREEMENT - 2 STATE OF IDAHO,) ss. County of Ada, • On this ~~' day of ~v~-~ , 1999, before me, the undersigned Notary Public in and for the State, personally appeared Ronald L. Crow, known or identified to me to be the person who executed the above instrument, and acknowledged to me that he the executed the same. IN WIFI' ~, 4' offic y~"se~l'~;the~c` ~~ r ~ y WHEREOF, I have hereunto set my hand and affixed my rid year in this certificate first above written. ~~x~ - 1 • ~~-~ I 9r,,. ~ - .,'C~ STATE OF IDAHO) County of Ada ss NOTARY PUBLIC FOR IDAHO Residing at: J~ pig ~~'c~-~w My Commission Expires: ~~~ f ~zd~^~ On thi~s$ day of ~ in the year 199_, before me, a Nota Public, personally appeared Robert D. Corrie and illiam G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City 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. ooioonuua~~il • ~o.~~EL L, S,'•••. ,,0`~ •••N~N~~~•~tP •••1 ~•3~~TARy :~ ~ Nota Public for Idaho * ; ~~~ _ Commission expires: • *' 1 '~'~~ f~~~ttR~i• O . ~ at5~'~S~OM~Agreement~Partial Release of Development Agreement sterling.wpd °d'ie ~ O F 1~ 'o,~~ °p0j~•oeee~~`0°0 PARTIAL RELEASE OF DEVELOPMENT AGREEMENT - 3 • • ANNEXATION/ZONING REQUEST AFFIDAVIT I, ELNORA L. JOHNSON, do hereby certify that I am the record owner of a portion of land described as the "Crow Annexation" in an application for Annexation & Zoning being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned application with the City of Meridian has been made. Dated this ~ ~ day o ~ 97. By; ELNORA L. JOHNSON 7 ~' ~~ STATE OF IDAHO ) ss. County of Ada ) ON THIS day of ~o%„ ~ , , 19~, before me, a notary public in and for said State, Appeared ELNORA L. JOHNSON known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires ~~ 3i~~ Residing at ,~ ; f~ , ,Idaho NIy Notar;~ Bond Expires //-3d , 19~ • C ANNEXATION/ZONING REQUEST AFFIDAVIT I, RUTH CROW, do hereby certify that I am the record owner of a portion of land described as the "Crow Annexation" in an application for Annexation & Zoning being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned application with the City of Meridian has been made. Dated this ~9 -r day of August, 1997. By; RUTH CROW STATE OF IDAHO ) ss. County of Ada ) ON THIS ~~ day of ~ , 19~, before me, a notary public in and for said State, Appeared RUTH CROW known o me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires ~ - ~'~ _ °~~p ~ My Notary Bond Expires , 19 p•t'AU~~~~°'~. • ~~fd Notary Public for Idaho a {O"rARY~~'~G'~+ •~ Residing at 1M~ ~ ,, ; ~ ~, ~,,, ~ ,Idaho ~ «- G $ ' .~~,,''%q TE OP 1 ~' D "_,, Fy,_ ~ sAdr p~ ~~ eV •/JMU r.. R V'.~ ~F, Ar .i . iL:. r J ' • s.r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ~ '~ ~ ~ ~ RON CROW ~ w ~ 0 APPLICATION FOR ANNEXATION AND ZONING ELVIRA S c UBDIVISION 650 FEET SOUTH OF FAIRVIEW AVE.,-WEST OF DANBURY FAIR SUBDIVISION NO. 4 MERIDIAN, IDAHO FINDINC~33 OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through his representative, Gary Lee, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINC33 OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included, in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 ~iNNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 r t approximately 10.85 acres in size. 3. The Applicant is not the record owner of the property; however, the record owners, Ruth. Crow and Elnora Johnson, have consented to this application of the Applicant. 4. .The property is presently zoned by Ada County as RT, and is currently vacant, as it has been out of agricultural use for some time. The Applicant requests the property be zoned R-8, Medium Density Residential District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a Planned Unit Development, Elvira Subdivision, containing 3.78 single family lots per acre. The project will consist of 33 standard single-family lots, 8 single-family townhouse lots, plus 6 common lots. The residential subdivision lots will vary in size from approximately 6,500 square feet to 14,000 square feet. The townhouse lots will range from 3,477 square feet to 5,500 square feet. 6. The property is located 650 feet south of E. Fairview Ave., west of Danbury Fair Subdivision No. 4, and north of Catherine Park Subdivision. The parcel is contiguous to the city limits of the City of Meridian. 7. At the public Hearing, the Applicant's representative, Gary Lee, testified substantially as follows. The Elvira Subdivision consists of 33 single family residential lots. They range in size between 6500 and 14,000 square feet. The development FINDINGS OF FACT AND CONCLUSIONS OF I~AW - PAGE 2 ANNEXATION AND ZONING - ELVIRA SUBDI`JISION/RON CROW Finalized 10-24-97 will also include 8 townhouse lots ranging in size from about 3400 square feet to 5500 square feet. There will be 6 common lots scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet and West of Danbury Fair Subdivision. The Five Mile Creek traverses through the property and it is a designated area for future pathways. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be updated or replaced for pedestrian access. To the east side, which is Danbury Fair Subdivision, there are a couple of connection points for pedestrian pathways. The Applicant has no concerns about the staff comments, except item number 1. There is an existing sewer line on Cathy Street that will have to be accommodated by Applicant. The typical corridor would be the west side of centerline, but in this case it is going to have to be on the east because of its present location, and the details can be worked out with the City Engineer. The conditional use permit portion of the Application is for a planned unit development to allow for the 8 townhouse units situated along the southwest side of the property. The townhouse lots are fairly narrow, but they are very deep. The developer/owner thinks it would be best to leave it up to potential buyers to build either 2 storys or single story townhouses, and the lots are deep enough to give flexibility for that. The lots are approximately 28 ~ feet wide on the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 ANNEXATION AND ZONING - ELVIRA ,iUBDIVISION/RON CROW Finalized 10-24-97 r T average, which is enough room for a duplex unit. 8. In response to questions by Commissioner Borup, the Applicant's representative, Mr. Gary Lee, responded substantially as follows. The ACRD comment on the extension of Carlton Ave. is a possibility for the future, but it is unknown at this time if it will be extended. The Applicant does not know the condition of the property to the south, but the Applicant did look at a turnaround at the end of the townhouse parcels with room for a turn around and only 2 or 3 lots. As to the setback on the last unit, the Applicant would like to see, if that is going to be imposed, a setback from a turnaround in lieu of going all the way through Cathy Lane which is private. The right of way currently ends at the end of Carlton on the west boundary. Five Mile Creek will not have a greenbelt constructed along it, but the Applicant will grant an easement to the City of Meridian so that it can construct the greenbelt at a later date. The footbridge will be updated and repaired, however. 9. Commissioner Smith commented that he believes single family homes instead of townhomes belong on Block 1 of the development and that the townhomes would more appropriately be located in Block 2 next to existing apartments. He believes the Applicant perhaps didn't want to extend Carlton Ave., and Block 1 was just left over, so they plunked townhomes down there. He would like to see single family homes in Block 1 with Carlton Ave. extended. In response, Mr. Lee testified that the Applicant has FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 ANNEXATION AND ZONING - ELJIRA SUBDIVISION/RON CROW Finalized 10-24-97 i • looked at doing that, and from a transitional standpoint, it does make more sense to put the townhouses by the existing apartment complex, but the lots don't have the depth needed and the private driveway works better for the townhomes. 10. In response to questions by Commissioner MacCoy, Mr. Lee testified substantially as follows. The Applicant does not believe that 3.78 is very high density and the plan uses the property most efficiently and pleases the landowner, as the Applicant is interested in building townhouses. 11. In response to questions by Commissioner Smith, Mr. Lee testified that the Applicant has talked with the landowner to the south, but the landowner has not said how he plans to use or develop the property to the south. In response, Commissioner Smith said he is not opposed to the townhouses per se, but he believes they would be better placed next to the existing apartment complex and if the property to the south were infilled, his idea would work. 12. In response to further questions by Commissioner Borup, Mr. Lee testified substantially as follows. West of the townhouses are older residences, and the whole neighborhood around the proposed development is a mix of mostly older homes and some townhouses. 13. D.R. Lynn testified substantially as follows. She is the sole owner of Cathy Lane and lives in a two story home there. She intended to build her retirement home there, on lot 7, 1184 Cathy FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 ANNEXATION AND ZONI1l~ - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • i Lane, but when she learned of the proposed use of the adjoining property, she changed her mind and would like to sell Cathy Lane. She would like to offer it to Mr. Crow, the Applicant, for her cost of construction and on the condition that it would be maintained by Ada County and that she can have two years to sell the house she's in and move into the stairless one on lot 7 before the streets are connected. She wants as little traffic on Cathy Lane as possible. 14. Responding to questions by Commissioner Smith, Ms. Lynn testified that Cathy Lane is accessed off State Street, it is only 30 feet wide, and the County will not maintain it because it has to be 60 feet wide for them to take it and maintain it. Cathy Lane stops a long way short of Washington Ave. 15. In response to questions by Commissioner Borup, Ms. Lynn testified that Cathy Lane is not accessible from the proposed project, but she is testifying to clarify that it will not be accessible because she has had pressure to make it accessible. 16. Mr. H.L. Rich testified substantially as follows. He lives at the dead end of Carlton Ave. and would like to see single family homes on Block 1 of the proposed development instead of townhomes. Also, when Cathy Lane was originally developed, there was an agreement that there would be no two story homes, only one. He has talked to the Applicant about how much better it would look and how property values would be maintained if only single story homes are built,. and the townhouses should be moved to the other side of Washington. He is also concerned about increased traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 ANNEXATION AND CONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 to the area and more children in the area with the additional housing. He would like to see the Applicant construct a chain link fence the whole length of the property line instead of wood like the one that now exists by adjacent apartments. He opposes the project's use of two story homes and townhouses. 17. Barbara Smith testified substantially as follows. She is concerned about increased traffic. with this development and doesn't want her view of an old barn to be townhouses. If there are townhouses, she wants something to block the view of them and she wants the end of Cathy Lane blocked off to prevent more traffic. 18. Gerda Dwyer testified substantially as follows. She does not oppose the project, but doesn't want two story homes or townhouses built. She represents herself, her husband, and her street, Crossbill Court. Also, there are more entrances needed because there are only two. 19. Andrew Condon testified substantially as follows. He has a twenty foot easement at the back of his property that abuts the proposed development and he would like to see a pathway on the easement. He wants only single level dwellings and more access roads. He would also like the fence continued up past his- property. In response, the City Engineer, Gary Smith, commented that the current easement is a sewer easement. In response to a question by Commissioner Nelson, Mr. Condon testified that he does not want townhouses put in because all of Danbury Fair is one story dwellings and townhouses make property values go down. FINDINGS 0?' FACT AND CONCLUSIONS OF LAW - PAGE 7 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ' ' 20. Mary Rich testified substantially as follows. Her neighborhood is nice and the two story townhouses already there are not maintained the way she thinks they should be and look like low income housing anc~ she doesn't want more of that in her neighborhood. In response to a question by Commissioner Johnson, Ms. Rich testified that she doesn't want multi-family dwellings and there will be too many people and too much traffic. 21. Mr. Lee continued his testimony substantially as follows. The market for these homes will be the smaller home as Danbury Fair has been. There are already apartments all over this neighborhood. There are 3 lots of homes with a square footage of 1001, 4 with 1101 square feet, 8 with 1201, and 18 with 1301. The 8 townhouses are 800 square feet. The Applicant wants to keep the option open for larger 2 story homes to be built on the lots, but the market will dictate the home size. Also, the townhomes will be for sale and there will be a pride of ownership just like a single: family dwelling. The Applicant has complied with ACHD requirements on access and has made provision for the extension of Hadley. There will be a landscape buffer between Cathy Lane and the private drive. 22. In response to questioning by Commissioner Borup, Mr. Lee testified that there is no plan for access to Cathy Lane and there 1S nO need for it. As far aR AC_Hll ~ ~ ra~nmmcnriat i r,., f.~,- pedestrian pathway over the 20 foot sewer easement, he doesn't have a comment to that effect from Meridian staff. Also, a 25 foot FINDI?JGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 ANNE~tATION AND ZONING - ELVIRA SUBDIVISION/RGN CROW Finalized 10-24-97 ' ' setback between the townhouses and other subdivision is a good idea and can be added to the restrictive covenants. 23. Commissioner Smith commented that townhouses do not belong on this particular block and maybe this portion shouldn't be developed until Carlton is extended and a better plan is developed. 24. In response to a question by Commissioner Borup, Mr. Lee testified that there is one maybe two lots to the south. 25. Gerda Dwyer testified that townhouses look funny there, would destroy the beauty of Meridian, and people would come and go too much, so they would be run down. Also, traffic is too congested and there will be no access in an emergency, which may result in someone getting killed. She does not think that just because people have money they should be able to put in whatever they want. She pays her taxes and supports the community and only wants single homes there. 26. Barb Smith testified that just because the townhomes are for sale doesn't mean they won't be used as rentals. Commissioner Johnson responded that it doesn't mean they will become rentals either. 27. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled FINDINGS OF FACT-AND CONCLUSIONS OF 'LAW - PAGE 9 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~ ~ per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. b. 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 irrigation. c. The Applicant is to 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. The Applicant is to provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. e. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. f. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant must make any corrections necessary to conform. g. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department. h. The Applicant is to respond, in writing, to each of the comments contained in this memorandum and submit to the City Clerk's office prior to the hearing date. Their site specific comments included the following: a. Sanitary sewer service to this site could be via service line taps into the existing City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 ANNEXATION AND ZONING - ELVIciA SUBDIVISION/RON CROW Finalized 10-24-97 i on the south and west sides of centerline. b. Water service to this site could be via extensions of existing mains installed in adjacent developments. The Applicant will be responsible for constructing the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. c. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system will need to be reviewed closely due to the size of the area to be watered. The Developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. d. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. e. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. f. The Applicant shall construct six-foot-high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in .place prior to applying for building permits. g. The Applicant shall construct six-foot-high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa-Meridian Irrigation District. h. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 ANNEXATION AND ZONING - Ei,VIRA SUBDIVISION/RON CROW Finalized 10-24-97 • the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. i. A development agreement is required for this project, as a condition of annexation of the property. j. The preliminary plat indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with the common drainage lot in Danbury Subdivision No. 5, which could easily provide an inter-neighborhood connection. The existing 30-foot-wide right-of-way for E. Washington Avenue will be maintained as public right-of-way for pedestrian access to Five Mile Creek. k. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. The Applicant will revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 1. Applicant proposes 42-foot-wide streets in portions of the development. Ada County Highway District has agreed to a 42-foot-wide right-of-way in cases where the streets are non-continuous. m. A 20-foot-wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east . Between Cathy Lane and the private drive, an eight-foot-wide landscaped strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be FINDINGS OF FACT ATID CONCLUSIONS OF LAW - PAGE 12 ANNEXATION AND ZOr~ING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • • constructed to allow access to Cathy Lane. The Applicant shall coordinate with the Meridian Fire Department and comply with their requirements. n. Although the configuration of Lot 9, Block 1, would provide added privacy and traffic calming for the units on the private lane, staff has concerns about how well this will work. Due to the low number of vehicle trips per day anticipated in this area, this may not be a significant issue. o. No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and water lines in the lane. p. The Applicant will revise the legend to include all easements and symbols shown on the plat. q. The preliminary plat map seems to indicate that Carlton Avenue extends further east from its existing constructed terminus. Our records indicate the right-of-way ends a the westerly boundary of the proposed development. Please verify and revise map as needed. r. A portion of Cathy Street is groposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices will need to be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings will be needed on the bridge. s. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creek is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement. t. This infill project will require special design consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density is less than 4 per acre. 28. The Applicant's representative, Gary Lee, responded in writing to the general and site specific comments of the Assistant FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 r ~ • to the City Engineer and the Planning and Zoning Administrator through a letter dated October 6, 1997. This responsive letter is incorporated herein as if set forth in full. Mr. Lee's responses to the General comments included the following: a. There are no irrigation or drainage ditches on the site that will require piping, except those shown on Sheet 2 of the preliminary plat. b. Any existing wells and septic tanks will be removed from service that may be situated on the property. However, there are no known wells or septic tanks on this parcel. c. A groundwater level monitoring program is in progress. The depth of the water level is being measured by J-U-B on a weekly basis. The peak groundwater level will be determined later this fall. Water level data and soils profiles will be submitted with the final improvement plans. d. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. e. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development. f . The Ada County Street Name Committee approval letter will be submitted once received. g. The fire hydrant placements are shown on the Engineering Concept Plan, Sheet 2. We hereby request that the City Staff review these placements and comment on their positions. h. This letter shall act as our response to the City Staff's General and Site Specific Comments. Ten copies of the revised preliminary plat are included with this letter. Mr. Lee's responses to the Site specific comments included the following: a. The Engineering Concept Plan, Sheet 2, shows the proposed sanitary sewer line connections. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment plant capacity for this FINDINGS OF FACT-AND CONCLUSIONS OF LAW - PAGE 14 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • • development. Main-line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the location of an existinv North-South sewer main along Cathy Street, we hereby request that the City Public Works Department approve the location of the main to be situated along the eastern side of the street. The street was placed here because of the deep lot depths along the west side. b. The Engineering Concept Plan, Sheet 2, shows the proposed waterline connections at two locations adjacent to the development. The main-line sizing will be determined based upon hydraulic capacity. We hereby request that the City staff review their hydraulic model so that the Elvira Subdivision pipeline sizes can be determined. All waterlines are shown on said Concept Plan to be situated within the north and east corridors, except the waterline within Cathy Street. Again, due to the location of the existing sanitary sewer, we hereby request that the City grant a waiver on the location of the waterline along this street. c. J-U-B will coordinate the extension of the pressurized irrigation system from Danbury Fair into this subdivision. Also, a secondary water source will be reviewed with NMID and the City during final irrigation system design. d. Streetlights are shown on the Conceptual Engineering Plan, Sheet 2. We hereby request that the Public Works Department review said locations and make any modifications as may be required. e. A common area landscape plan will be prepared and submitted with the Final Plat and Final Improvement Plans. Also, a fencing plan will be prepared and submitted with the Final Plat. The developer will submit surety instruments during the final plat signature stage. f. Fencing exists around most of the property perimeter. A chain link fence is planned along Five Mile Creek. We hereby request that the City accept the existing fencing systems as are in place at this time. Or identify which areas need to be replaced. g. A license agreement will be requested from NMID to allow the fencing to be placed along the Five Mile Creek and will be situated as follows: (1) The fence will be placed FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 ANNEXATION AND ZONING - EL"JIRA SUBDIVISION/RON CROW Finalized 10-24-97 five feet west of the western bank of the creek bank; and (2) The fence will be placed 20 feet east of the eastern bank of the creek. h. A pathway is shown along the eastern side of Five Mile Creek. The creek will be fenced as identified in Item 7 above. However, the developer may consider your proposal not to install fencing along the western side of Five Mile Creek. i. Please submit the development agreement to J-U-B for review once it is prepared. j. The condition of the pedestrian bridge will be evaluated at time of final improvement plan preparation. Either the bridge will be renovated, or a new pedestrian bridge will be constructed. k. The Engineering Concept Plan, Sheet 2 of the preliminary plat, shows that the Adkins drain will be tiled. Other small ditches on the site will be abandoned. The conceptual engineering plan has been revised to show the abandonment of these existing ditches. If fill is greater than two. feet, where a building foundation will be placed, structural fill will be placed and compaction tests taken. 1. The landscape buffer will be shortened to allow for emergency vehicle access at the southern end of the private driveway know as Lot 1 of Block 1. The width of this access will be coordinated with the Meridian Fire Department during final improvement plan preparation. m. There is some flexibility in the design of Lot 9 Block 1. The shape of the driveway approach can be modified. Please let me know what the Staff concerns are. n. A City Sewer and Waterline are located within Cathy Lane. The improvement plans for Catherine Park Subdivision show the construction of the sewer and waterline with services to each lot. Also, these plans show sewer and water services to be constructed into the Crow property for future lots (four sewer services and two double water services). We have assumed that the City has some sort of easement for these facilities. If not, the City likely has prescriptive rights. The City Attorney should be consulted to determine what sewer and water easement rights may exist, if not of record. We will check the county records to see if an official easement document was recorded when the City approved the plat of Catherine FINDINGS OF FACT AND CnNCLUSIONS OF LAW - PAGE 16 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Park Subdivision. o. The preliminary plat legend has been amended per the enclosed drawings. p. East Carlton Avenue does not extend to Cathy Lane. The preliminary plat has been modified. q. The guardrail and fence designs along Cathy Street and the bridge crossing East Badley Avenue will be prepared during final improvements plan preparation in accordance with ACRD requirements. r. We have assumed that the Five Mile Creek pathway/greenbelt will be used in the calculation of the 10~ landscape rule. Please advise us if this is not the case. 29. The Meridian Police Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. 30. The Meridian Fire Department submitted comments that all common lots will need to be kept clear of trash and weeds, and that they don't like the shape of lots and the private driveway for Lots #15 and #16. Its comments are incorporated herein as if set forth in full. 31. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" water line be installed in the subdivision. Also_ that thPV fecal that i-he ~.,~a.,.,.. line on Cathy Lane should be connected for a second source and that plan review will be done when the water plans are received. Its comments are incorporated herein. 32. The Idaho Power company submitted the comment that 10- FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17 ANNEXATION AND ;BONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • foot wide public utilities easements are required along all lots adjacent to a road right-of-way dedicated to public or private use. Its comments are incorporated herein. 33. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 34. There were also comments by Tony Stopello by way of correspondence directed to the City of Meridian Planning and Zoning Commission, dated October 9, 1997. His letter is incorporated herein as if set forth in full. Mr. Stopello's comments are substantially as follows. He owns two duplexes at 5th and Washington streets. He is opposed to the opening of Washington Ave., there are high density structures there now, there is a school bus pickup on the corner of 5th and Washington, and between 2 1/2 street to 5th street and on Carlton Ave., it is very narrow. The whole project lacks access. He opposes the two story townhouses because this is zoned for single story buildings and privacy would be destroyed. Additionally, if single story structures are allowed, he would like a chain link fence similar to the one north of his property separating the large apartment complex from his with privacy inserts. The development is too dense. 35. There were no other comments by the public regarding this FINDINGS OF FACT-AND CONCLUSIONS OF LAW - PAGE 18 ANNEXATIOP AND ZONING - ELVIRA SUBDIVISION/RON CROFJ Finalized 10-24-97 • ~J application. 36. The property is adjacent and abutting the present city limits of the City of Meridian. 37. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 38. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 39. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 40. In the Meridian Comprehensive Plan under LAND USE, Rural Areas, Section 6.3 provides that land in agricultural activity should so remain in agricultural activity until urban services can be provided. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 41. The City of Meridian has, and is, experiencing a population increase. There exist pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 42. The property can be physically serviced with City of Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities. 43. The R-8, Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 4 as follows: R-8 Medium Densit Residential District: The purpose of the (R-8) District is to permit the establishment of FINDINrS OF FACT AND CONCLUSIONS OF LAW - PAGE 19 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 44. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 2., all new single-family detached housing in the (R-8) Medium Density Residential District shall be constructed to contain at least 1,301 square feet of living space of which the garage is not included in determining the square footage of living space. 45. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc. ) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 46. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban Service Planning Area development may occur in densities as low as 3 dwelling units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PT,GE 20 ANiQEXATION AND ZONING - ELVIRA SUBDIVISIONiRON CROW Finalized 10-24-97 ~ ~ 47. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4: Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 48. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.13U Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 67-68. 49. The City of Meridian has experienced an influx in its FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21 ANNEXATION AND ZONING - ELVIRA SUBLIVISION/RON CROW Finalized 10-24-97 population which influx is reasonably anticipated to continue. The property borders upon city limits of the City of Meridian, and economic conditions are making the continuation of farming in the area difficult. 50. with regard to this application, Planning and Zoning Administrator, Shari Stiles, and Assistant to the City Engineer, Bruce Freckleton, made the specific comment that the annexation of the property should be conditioned upon a development agreement. 51. In 1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 52. The City of Meridian is concerned with the increase in its population, and the impact such increase has upon its ability to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City of Meridian. The City of Meridian is further concerned about the impact and burden placed upon the schools of Meridian School District No. 2 resulting from the influx of its population. The City of Meridian knows the increase in population does not sufficiently increase the tax base to offset the costs of providing fire, police, emergency health care, water, sewer, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ! ~ parks and recreation services. The City of Meridian further knows the increase in population does not provide sufficient tax base to provide for school services to current and future students. 53. Pursuant to the instruction, guidance and direction of the Idaho State Legislature, the City of Meridian may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive to apply to all residential lots in the City because of the imperilment to the health, welfare and safety of its citizens. 54. Section 11-9-605 C of the Zoning and Development Ordinance provides, "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." 55. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips shall conform to the following: 1. Planting Strips - 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; . 56. Section 11-9-605 A .of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following:. FINDINGS OF FACT AND CON(:LUSIONS OF LAW - PAGE 23 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 1. Natural Features - 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; 57. Section 11-9-605 J of the Zoning and Development Ordinance provides in pertinent part: 6. Fences may be erected- in all residential and limited office districts subject to the following: e. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. 58. Section 11-9-605 K of the Zoning and Development Ordinance provides: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a 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 values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 24 ANNEXATION A13D ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 59. Section 11-9-605 L of the Zoning and Development Ordinance provides: 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 automobiles ) 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 [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 60. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 61. Proper notice was given as required by law and ali procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 25 ANNEXAT:.ON AND ZONING - ELVIRA SUBDIVISION/RON CitOW Finalized 10-24-97 • feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDT.NGS OF FACT AND CONCLUSIONS OF LAW - PAGE 26 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RJN CROW Finalized 10-24-97 • • 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning. the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of (R-8) Medium Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, but not limited to, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 27 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~ ~ ~ following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plans and access into and out of any FINDINGS OF FACT-AND CONCLUSIONS OF LAW - PAGE 28 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with the Rural Area policies. 14. The development of the property as an (R-8) Medium Density Residential District, as requested by the Applicant, would be compatible to the development in the surrounding area. 15. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 16. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District, the Meridian Water Department, Idaho Power Company, the Meridian Fire Department, the Meridian Police Department, and other governmental agencies shall be met and addressed in a development agreement. 17. All ditches, canals, and waterways, except Five Mile Creek, shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 18. Pressurized irrigation shall be installed and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 29 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 constructed, and if not so done the property shall be subject to de-annexation. 19. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20. These conditions shall run with the land and bind the landowner, the Applicant and its, or their, successors in interest, assigns, heirs, executors or personal representatives. 21. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 8) Medium Density Residential District would be in the best interest of the City of Meridian. 22. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 30 ANNEXATION AIJD ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 .~;: .. , ^~ +~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. VOTED VOTED G.~~' VOTED - VOTED '1i~c.~ VOTED "" MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 31 ANNEXF.TION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 oMro •urnoo rar r~~arsr wn-ea-w. a., wy .."' 'rt•a 'c rouoss asa-tar-tn vnw ~„~~ ~ry ~ p t/1 r Olr t/l M L/1 M lOf a111K IIIIW~t ~0..11'>~.111.i .ft COL 70 alMl ~/Itlr • •~w •c~a~oN~ M-r RM~~o.ir .wRv ~~ s°- ~~a ~ ~ i R r .C.', ~ r e ~_~~ i !~ ~ R. L_ZO_ J ~ r i `~ ~ 3 ~ r _r • Q~ i s, r~ ~ ~~ ~ 1 tail ! 1 r . O , ! ~ ~1 ys~ e~ f i ~ w~~ d i! i [ 1_L_~~~ R / ~ S ~ ~ -r- i s, r ~ •~ ~ - ~ ~ ~~ r~ i r 3a"~Y' • r at~r r s w. i 1 ^~ .~ - ~. 9.,p ti .C r s ~ s ~ ~. r. ~' a ~ ~ ~ Ian ~ ,`t # its ~jr t~ Z! ~te Ia ~` ~ B~ I ~ d ~ ~~$ i~i !xT i~~~~i 9~ ~tl~ ;t 2~ Ia ~~T ~a~ ~~~i r ~ ~, ~ ~4 ~~~ _ ~ e ~ ~, ~~ ~~~ .y ,..:C C r . p rl a . ~~, rS ' i r 8~~~ s 7 ~ • i~' ~ }~ n s ~ ~ •. R s ~ it SI 4Sl 4. ~, ~S~ a S X ~ a ~ r ~ I .«z v i ~' ~ ~ ~ ~ f2 ~' ` ~ p - - ~ i Y E. &~~-F8 ~ YY 4 w 1' i l~ i, ~ . i ~ ~ - o '°' ,~. Q "' ~ ~ r~g ~~ ° O ~ ~ ~r ., I ~) r ~ xC ~ ;~ E~~P ~ .C ~ ~ i e„ c i ~1 ~b \ ~ 0~ ~ =. ~~ ? ~ ? ~~ I 7 Y+ ~ I I i I .. ~ } .r r ~ ~ ~r 1 ` . m'IK • i ROUGH DRAFT 9-9-97 DECLARATION OF PRO~CTIVE RESTRICTIONS AND COV TS ELVIRA SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Ronald L Crow, does hereby certify and declare: 1. That Grantor is the owner of all the lots in Elvira Subdivision, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho in Book of Plats at pages and The term "Grantor" wherever used herein, shall refer to Ronald L. Crow; a sole proprietor or any person or persons or corporation to whom the rights of the Grantor, as set forth in these Restrictions, shall be specifically transferred. All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no other structure shall be erected upon any building site without consent of Architectural Control Committee. The Grantor(s) hereby covenants for all of said property; and each Grantee by ratification of these covenants, conditions, and restrictions, or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance is deemed to covenant and agree to comply with and abide by these covenants, conditions and restrictions and agrees for himself, his heirs, administrators, and assigns to be bound by each of such covenants, restrictions, reservations, and servitude jointly, separately and severally. Should the Grantee violate or attempt to violate any of the provisions of these Restrictions, Grantor(s), Architectural Control Committee, or any other person or persons owning any real property embraced in the Plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Restrictions, either to prevent him or them from so doing, to mandate compliance, or to recover damages sustained by reason of such violation. Should the Grantor employ counsel to enforce any of these restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots, and the Grantor shall have a lien upon such lot or lots to secure payment of all such accounts. The breach of any of these covenants, conditions, restrictions, by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. No delay or omission on the part of the Grantor or the owners of other lots in the properties in exercising any rights, power, or remedy herein provided, in the event of any breach of the covenants, conditions, or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein, and no right of action be brought or maintained by anyone whatsoever against the Grantor for or on account of his failure to bring any action on account of any breach of these Covenants, conditions, or restrictions herein which may be unenforceable by the Grantor. These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rights and remedies provided by local or state laws, and not in lieu thereof. ~n validation of any provisions, sentence, or paragraph contained in the Restrictions by judgment or court order shall in no wise affect or invalidate any of the other provisions, but the same shall be and remain in full force and effect. In the event the provisions of these restrictions are declared void by a court by reason of the period of time herein stated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. ROUGH DRAFT 9-9-97 Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning, having jurisdiction over this subdivision, or an application made by any Grantee which is in conflict with any covenants, conditions, or restrictions of this Declaration shall in no wise affect or invalidate this Declaration, but this Declaration shall remain in full force and affect, and subject to enforcement and remedies for violation hereof. 2. APPROVAL OF PLANS: No house, garage, outbuildings, fence or other structure shall be built, erected, placed, materially altered or materially repaired including, without limitation, the altering, repair of surface colors or textures on any lot in the unit or subdivision unless and until the building plan specifications and plot plan have been reviewed in advance by the Architectural Control Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted to topography, finish ground elevations, landscaping, drainage, color material design, artistic conformity to the terrain and other residences in the area, and architectural symmetry. It shall not be the intent of these restrictions to control the interior layout or design of said structures. Plans of all buildings and fences to be erected on any building site embraced in the plat must be submitted to the Architectural Control Committee of not less than three members, hereinafter call "Committee" which shall exercise the rights herein reserved. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the committee before any construction or alteration is started, and such construction or alteration shall not be commenced until written approval therefore is given by the Committee. No plans shall be deemed to have been approved by the Committee unless its approval is in writing executed by at least two members of the committee, provided that approval shall be deemed given if the Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within Thirty (30) days after a full and complete description of the proposed change has been furnished in writing to the Committee with a written and specific request for approval. Grantee agrees that the actions of the committee shall be wholly discretionary and shall be binding upon Grantee whether exercised or not. As to all improvements, construction and alterations upon any building site, the Committee shall have the right to refuse improvements, construction or alterations, which, in its opinion are not suitable or desirable for any reason, aesthetic or otherwise. In so passing upon such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or other structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other structure or alterations therein as planned when viewed from the adjacent or neighboring property, effect or impairment that said structure will have on the view of surrounding building sites, and any and all other desirability of such proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. That the Architectural Control Committee, herein above designated, shall constitute a committee subject to the aforementioned ordinances and rules and regulations of the various zoning and planning commissions having jurisdiction to determine and designate the location upon such easements of all irrigation and drainage ditches, pole lines, sewer lines, and other public utilities distribution lines which designation shall be effective to best the right to utilize such easement area. Said Committee shall be composed of John Smith One, John Somith Two, and John Smith Three and their successors, and shall serve for the time and on conditions as the Grantor, in its sole discretion, shall prescribe, provided that the Committee may appoint successor members from the residents in the properties who shall serve as long as they are residents,and may also appoint residents as successor members upon their resignation. 2 ROUGH DRAFT 9-9-97 • • Grantee specifically agrees with Grantor that such Committee, its members, and the Grantor shall incur no liability for any omission or act by any of above named parties. In the event of death or resignation of a member, the remaining two members shall have full authority to act, and within a reasonable time after the occurrence of such vacancy, shall appoint a replacement. Grantor reserves the right to construct residences and other improvements upon any residential lot building site in said subdivision, and to offer said lots, together with the completed residence and structures thereon, for sale to individual grantees. 3. BUILDING SITE: A building site shall consist of at least one of the residence tracts as platted in said official plat, and as described in a deed or conveyance or a parcel composed of such residence tracts or portions thereof, of which the depth, frontage and area of said parcel or building site shall equal or exceed the depth frontage and area of residence tracts as platted in the same block of said plat, providing such parcel will allow full compliance with minimum set back restrictions and other covenants as stated herein. 4. PROSECUTION OF CONSTRUCTION WORK: The construction of each dwelling and associated structure shall be prosecuted diligently and continuously from time of commencement thereof until such dwellings and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting within eight (8) months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continue. 5. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boning for oil or natural gas shall be erected, maintained, or permitted upon any lot. 6. MOVING OF BUILDINGS-CONSTRUCTION OF OUTBUILDINGS: No building or structures shall be moved onto said real property or building site except a new professional structure of a type and design approved by the Architectural Control Committee. No trailer house or mobile home shall be parked on any street, lot or building site within this subdivision and no basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, either temporarily or permanently, nor shall any residence of a temporary character be permitted. At the discretion of the undersigned original owner, a temporary material and tool storage building or enclosure and/or a contractors construction or sales office will be permitted during the initial development of said subdivision all of which shall be removed as soon as practical or on direction of the owner not later than termination of development. 7. TYPE AND SIZE OF BUILDING: Each Unit constructed within the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. Symbol Structure Size Summaty-Single Family Lots A 1001-S.F. Minimum 3 Lots= 9.1% < 10% Allowed B 1101-S.F. Minimum 4 Lots=12.1 % < 15% Allowed C 1201-S.F. Minimum 8Lots=24.2% < 25% Allowed D 1301-S.F. Minimum 18Lots=54.5% < 54.5% Allowed Total 33 Lots E 800-S.F. Minimum 8 Townhouse Lots 3 ROUGH DRAFT 9-9-97 No gravel roofs or~plit entry homes will be allowed wi~ut Architectural Committee approval, Each house in this subdivision SHALL TRY to include some brick, stone, or stucco on the front exposure. Bay windows, broken roof lines, gables, hip roofs, etc., are strongly encouraged. Exterior colors of earth tones or blues or grey shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Control Committee. 8. LANDSCAPING: All front yards of residential lots shall be sodded or hydro-seeded. On each residential lot there shall be at least one tree having a trunk measurement no less than two inches in diameter and there shall be at least three shrubs or bushes of no less than five Gallons each and at least five shrubs or bushes of no less than two gallons each. All landscaping shall be completed on a professional, first class basis and berms and other landscape amenities shall be installed to enhance the attractiveness of the subdivision. All landscaping and landscaping improvements shall be completed withinthi 30 @s of substantial completion of the residential dwelling, or prior to occupancy, whichever shall first occur; weather permitting. 9. BUILDING LOCATION: Minimum building setback lines shall be 20' front, 20' side street, 15' rear, and 5' per story from interior side property lines. 10. ANIMALS: Keeping or raising of farm animals or poultry shall be prohibited. All dogs andcats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the property of others. Dogs shall not be allowed to run at large. Habitually noisy dogs shall not be permitted. 11. ANTENNAE: Installation of radio and/or TV antennae is prohibited outside any building without written permission from the Architectural Control Committee. 12. DOMESTIC WATER: Each lot and dwelling unit (s) thereon shall be connected to the City of Meridian municipal water provided for and installed in said subdivision. Grantee shall be responsible for the hook-up fees, cost, charges and assessments and Grantor may recover funds advanced, if any to obtain preliminary construction. 13. PRESSURIZED IRRIGATION SYSTEM: As required by Nampa Meridian, the Developer will provide pressurized irrigation water to each homeowner in Elvira Subdivision. A. Purpose: Pressurized irrigation systems are designed and provided as a supplementary system. They are not capable of meeting all water requirements, especially during high demand months of July and August. The systems are not intended for year round water requirements. Lot Owners shall be required to pay an assessment based on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water systems. B. Restrictions: 1. Water is provided for exterior use only. i.e. Lawns, gardens, etc. 2. System can not be cross connected to city water supply. 3. WATER FROM THE IRRIGATION WATER SYSTEM IS NOTDRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF HIS LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. THIS IS IRRIGATION WATER ONLY AND SHOULD NOT BE CONSUMED BY MOUTH UNDER ANY CIRCUMSTANCES. 4 ROUGH DRAFT 9-9-97 • C. Limitations: • 1. Amount of available water is limited by Nampa Meridian IrrigationDistrict.Allotment to this land is not unlimited availability. 2. Availability of irrigation water is also determined by yearly allotment. Normal irrigation season is May through September -October. 3. ELVIRA SUBDIVISION HOMEOWNERS' ASSOCIATION, INC. must establish a rotation schedule for daily and hourly use for each lot. 4. Homeowner will be required to set automatic timers as per watering schedule. S. Additional water demands during peak watering times will be the homeowners responsibility using domestic water supply (City Water) if necessary. 14. EXCAVATION, DEFACING OF LANDSCAPE DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the execution of any improved structure. 15. SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted on any residential lot or parcel in said subdivisions. All sewage disposal shall be through an underground collection system approved by and constructed to the standards of State and local health authorities. Sewage effluent shall be collected from the Subdivision by the Merdian City Sewer, the hook-up fees, costs, charges and assessments for which shall be the responsibility of Grantee, and Grantor may recover funds advanced, if any, to obtain preliminary construction. 16. REFUSE DISPOSAL, STORAGE OF MATERIALS: No machinery, vehicles, appliance or structure or unsightly material may be stored upon the real property, nor shall trash, garbage, ashes, or other refuse be thrown, dumped, burned or otherwise disposed of upon the real property. No building material of any kind shall be placed or stored upon a building site until the Grantee is ready to and able to commence construction, and then such materials shall be placed within the property line of the building site upon which structure is to be erected. The Grantor shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse at the expense of the Grantee. 17. SIGHT OBSTRUCTIONS: No fences, wall, hedge or shrub planting which obstructs sight lines at elevations between 3 and 8 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 18. NOXIOUS USE OF PROPERTY-SPITE FENCES: Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than 4 inches high on occupied lot. The Grantor shall have the unqualified right to determine whether any such act or activity is noxious or undesirable and such determination shall be binding upon all parties including Grantee and his successors in interest. 19. BILLBOARDS -SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than six square feet advertising the property for sale or rent, or signs used by the builder of the development to advertise the property, during the construction and sales priced. ROUGH DRAFT 9-9-97 20, EASEMEN~hat the owner of said real property, here above described reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, all asements as shown on the recorded plat, for the purpose of constructing water mains, electric distribution lines, telephone lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient, and desirable for the Grantees and owners of said lots and parcels henceforth; that the same is required and practical for the public conveniences and health. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority, Elvira biome Owners' Association, Inc. or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may obstruct or change the direction of flow of water through or drainage channels in the easements. An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors, and assigns, a permanent and perpetual easement and right-of--way, sufficient in width to install and maintain, and repair underground power lines through, under and across said lands, together with the right, at the sole expense of grantee, to excavate and refill ditches and trenches, for the location of said power lines, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho in the following locations, to-wit. In Elvira Subdivision, Ada County, Idaho, a strip of land 10 feet wide, 5 feet on each side of the boundary line of the actual building sites, running from the street right-of--way or utility easements as shown on the plat to a point on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; thence strips of land each 10 feet wide, on each building site running directly from said point or points on the boundary line to the correspondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot shown on said subdivision plat or a combination or portions of lots intended to comprise a building site. The electrical system generally will consist of a buried power wire, transformers, junction boxes, and other equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent premises. 21. RESTRICTION AGAINST USE DETRIMENTAL TO NEIGHBORHOOD: No part of any building site shall be used or occupied, as a residence or other, so as to have any injurious effect upon the use, occupancy or value of any adjacent premises for the usual and customary residence purpose as established by the manner of use in the general area or neighborhood. No business enterprises shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business or profession. As to whether any use or occupancy violates the provisions of these covenants, Grantor and Architectural Control Committee in their sole discretion, may make such determination based upon any reason aesthetic or otherwise, including failure to maintain the premises, that any activity or use violates this provision. This covenant shall attach to and pass with all property in said plat and be binding upon all persons who may from time to time own or claim any right, title or interest in and to any of said property. No Unsightliness: No unsightliness shall be permitted on any property within the Subdivision without limiting the generality of the foregoing. All unsightly structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure or appropriately screened from view. Trailers, recreational vehicles, trucks, boats, campers, garden or maintenance equipment, or any other vehicles other than automobiles, shall be kept at all times, except when in actual use, in an enclosed structure or screened from view, and no portion of same may project beyond the enclosed area. Lot 1, Block 1, Elvira Subdivision will be allowed to park the items listed in the previous paragraph in the area south of the house to the south lot line. No Annoying Lights, Sounds, or Odors: No light shall be emitted from any property within the Subdivision which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any property which is unreasonably loud or annoying and no odor shall be emitted on any property which is noxious or offensive to others. ROUGH DRAFT 9-9-97 No working or commel'Z'al vehicles of 3/4 ton or greater, recreational vehicle, trailer or boat, shall regularly or as a matter of practice be parked upon any building site nor on the street adjacent thereto, unless properly garaged, or unless stored in the back yard screened from view from the adjacent public right of way. 22. ASSOCIATION: Where "Association" is referred to in this document, it shall mean and refer to the ELVIRA SUBDIVISION HOME OWNERS°ASSOCIATION, INC., an Idaho nonprofit corporation, its successors and assigns. 23. MERDIAN CITY ANNEXATION: The recording of this plat by Developer and/or owner shall be deemed and construed as a request for the annexation of its property to the corporate limits of Merdian City. Such requests and consents shall be binding on all subsequent purchasers or owners of Developer's property. ARTICLE I ELVIRA SUBDIVISON HOME OWNERS'ASSOCIATION, INC. 1. Organization of Association: The Elvira Homeowners' Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non-Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. ELVIRA SUBDIVISION HOME OWNERS'ASSOCIATION, INC., the Association is formed to provide for ownership, management, maintenance, and operation of the pressurized irrigation system and street lights of ELVIRA SUBDIVISION. The Association has duties and obligations not covered in this Declaration, and are set forth in the Articles and By-Laws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein become part of this Declaration. The Association has the authority to assess the lots for the operation and maintenance of the irrigation system and the street lights, however, the Association does not have any powers to assess the residential lots of the Subdivision for any other purpose whatsoever. Additional phases of Elvira Subdivision will share proportionately in the ownership of the pumping system, pump building, tanks, etc. In addition to full rights of use, each additional phase is required to share proportionately in the cost of the electricity, maintenance and cost of the water. 2. Membership: Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. Voting: The Association will have two (2) classes of voting memberships. (A) Class A: Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 7 ROUGH DRAFT 9-9-97 (B) Class ~he Class B member shall be the Declar t. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership on January 1, 2000, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4. Board of Directors and Officers: The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 5. Powers and Duties of the Association: (A) Powers: The Association shall have all the powers of anon-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws. (1) Assessments: The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. (2) Right of Enforcement: The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. (3) Delegation of Powers: The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power to delegate. (4) Association Rules: The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). (5) Emergency Powers: The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. ROUGH DRAFT' 9-9-97 (B) Dutie3'~of the Association: In addition to power elegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: (1) Rule Making: Make, establish, promulgate, amend and repeal the Association rules. (2) Irrigation Maintenance: Maintain, repair, replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. (3) Street Lights: Control, maintain, and operate all street lights within Elvira Subdivision, and to keep the same in working condition and good repair, provided, that at such time as a governmental entity takes the responsibility for the maintenance and repair of said street lights, the duties of the Association with respect thereto shall end. (4) Subdivision Approval Responsibilities: Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 6. Personal Liability: No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss orprejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Boazd, the manager, if any, or any other representative or employee of the Association, theDeclazant or the Architectural Committee, any other committee or any officer of the Association, or the Declazant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE 11 COVENANT FOR MAINTENANCE AND ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association; (A) Annual regular assessments or charges. (B) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and (C) Limited assessments as hereinafter provided. ROUGH DRAFT 9-9-97 • C~ The Regular, Special and Limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 2. Purpose of Assessments: (A) Regular Assessments: The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties, to pay property taxes and other assessments, to pay the annual assessments of any irrigation district, operation and maintenance of irrigation system, and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. (B) Special Assessments for Capital Improvement: In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular assessments, provided that any such assessment shall be approved by atwo-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay aone-time special assessment of Twenty and NO/100 Dollars ($20.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. (C) Limited Assessments: The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping perfonmed by the Association which has not been performed by Owner as provided herein. 3. Maximum Annual Regular Assessment: The initial maximum annual regular assessment to be assessed by the Association, shall be Twenty and NO/100 Dollars ($20.00) per Lot per year. (A) The maximum annual assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 10 ROUGH DRAFT 9-9-97 ~ (B) The ~imum annual assessment may be increasgd above ten percent (10%) by a two-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (C) The Board of Directors of the Association may fix the amount of the annual assessment at an amount not in excess of the maximum as established from time to time. (D) The total annual regular assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the Total annual assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 2. (A) for the fiscal year. 4. Notice and Quorum for any Action Authorized Under Sections 2. (B) and 3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3. and 4. shall be sent to all members not less than ten days (10) nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. S. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 6. Date of Commencement of Annual Assessments -Due Dates: The annual regular assessments or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 7. Effect ofNon-payment of Assessments -Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (21%) per annum or at the highest rate allowed by law if such rate is less than 21%. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein; by non-use of the Common Area, or abandonment of his Lot. 8. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer but shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 11 ROUGH DRAFT 9-9-97 That these protective r~ictions and covenants shall run with the d described herein and shall be binding upon the parties hereto and all successors in title of interest in said real property or any part thereof, for a period of 30 years, at which time said Protective Restrictions and Covenants shall automatically be extended for successive periods often years unless the owner or owners of the legal title to not less than two thirds of the platted residence tracts or plotted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend such Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper reference by volume and page numbers to the record plat and record of this Declaration in which these Protective Restrictions and Covenants are set forth, and all amendments thereof. That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat; shall have full power and authority to prosecute and proceedings at law of in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS WHEREOF, we the undersigned, owners of the property in said subdivision, have hereunto placed our hand on the day of 1996. By: Ronald L. Crow ACKNOWLEDGEMENT -Sole proprietor STATE OF Idaho, County of Ada, ss. in the year of Ronald Lee Crow On this day of a notary public, personally appeared Ronald L. Crow the said sole proprietor name to the foregoing instrument, and acknowledged to me that he executed the same in said sole proprietor name. Notary Public: Residing at: before me 12 • 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 December 16, 1997, for the purpose of reviewing and considering the Application of Ron Crow, for annexation and zoning of approximately 10.85 acres of land located in the E '/ of the NW %4 and in the W '/ of the NE %. of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located 650 feet South of Fairview Avenue, West of Danbury Fair Subdivision No. 4. The Application requests a zone of R-8. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 33 single family dwelling lots and 8 single family townhouse lots for Elvira Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of November, 1997. v ~~~ ILLIAM G. BERG, JR., TY LERK PUBLISH November 28 and December 11, 1997 i NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, fdaho, at the hour of 7:00 p.m., on October 14, 1997, for the purpose of reviewing and considering the Application of Ron Crow, for annexation and zoning of approximately 10.85 acres of land located in the E '/z of the NW %4 and in the W '/ of the NE '/a of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located 650 feet South ofi Fairview Avenue, West of Danbury Fair Subdivision No. 4. The Application requests a zone of R-8. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 33 single family dwelling lots and 8 single family townhouse lots for Elvira Subdivision. A more particular legal description of the above property is on ale 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 26"' day of September, 1997. WILLIAM G. BERG, JR., CI C RK PUBLISH September 26, and October 10, 1997. ,. ~ ~~~u ~ J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9336 September 12, 1997 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: CROW PROPERTY ANNEXATION/ZONING; PRELIMINARY PLAT; CONDITIONAL USE APPLICATIONS Ron Crow -Applicant FOR ELVIRA SUBDIVISION, A Planned Unit Development Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for an Annexation/Zoning Application; Subdivision Preliminary Plat Application and a Conditional Use Application. As stipulated by said ordinance, please find enclosed the following: ITEM 1 -ANNEXATION APPLICATION ITEMS - 1. A copy of a Warranty Deed showing title of a portion of the property vested in Bill and Ruth Crow; a copy of a Warranty Deed showing title of a portion of the property vested in Floyd and Elnora Johnson; and a copy of two purchase agreements between Ron Crow and Ruth Crow and between Ron Crow and Elnora Johnson. 2. Two notarized requests for the annexation and zoning amendment from the titled owners -Ruth Crow and Elnora Johnson. 3. A written legal description of the subject. property showing the total site identified as the "Annexation" Legal 4. One copy of a map at a scale of 1'° = 100' of the property to be annexed (Preliminary Plat of the proposed Elvira Subdivision, P.U.D.). 5. 30 copies of the Application for Annexation and Zoning to an R-8 (Residential) zone. 6. 30 copies of a Vicinity Map, 8-'/2" x11", at a scale of 1" = 300'. 7. A Property Owners List within 300 feet of the subject property. ~s ~~ ~~ ~ a ~ • ~~ ~ ~ ~ ~ , Mr. Will Berg, City Clerk September 12, 1997 Engineers Surveyors Planners Page 3 4. 35 copies of a Vicinity Map, 8'/a" x11", at a scale of 1" = 300'. 5. One copy of a written legal description of the proposed subdivision property identified as the Elvira Subdivision, P.U.D. 6. A Property Owners List within 300 feet of the subject property. 7. A copy of a Warranty Deed showing title of a portion of the property vested in Bill and Ruth Crow; a copy of a Warranty Deed showing title of a portion of the property vested in Floyd and Elnora Johnson; and a copy of two purchase agreements between Ron Crow and Ruth Crow and between Ron Crow and Elnora Johnson 8. A copy of a possible floor plan and building elevation for the townhouse units. Please review the enclosed information and schedule a Public Hearing for the next available Planning & Zoning Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. Gary A. Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: Ron Crow f:\projects\11216\ad min\cityltr1. doc ~s s. «~ • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact. and Conclusions of Law on this ~ day of , 19~i~. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED. DISAPPROVED FINDINGS OF FACT ~,ND CONCLUSIONS OF LAW - ~~'`" ~ I ~' X8003`183 ;,~, ~ ;. ~ECORp~p • s ,r Fi A ~ nr~ .:. Jr+r ID i..,Vr~f,i10 3 'SE i~J t ~ '~jr , ' 9 JRN 15 P(~ ~ 06 ORDINANCE NO . 7 8 2 ~ ~ : / ~ C r RECC:,.,_., ~„ T;~lF ~~,~CU T OF AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE EAST '~ OF THE NW '~, AND IN THE WEST ~ OF THE NE '~ OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY N0. 3832 FILED AS INSTRUMENT N0. 97023999 IN RECORDS OF 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 portion of land within the East '-~ of the NW '~, and in the West ~ of the NE '~ of Section 7, Township 3 North, Range 1 East, B.,M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center ~ corner of said Section 7; Thence North 00°degrees 34'46" East; 957.00 feet (58 rods) along the North/South midsection line to the TRUE POINT OF BEGINNING; Thence along a line parallel with the East/West midsection line, North 89 degrees 33'49" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet Elvira Annexation and Zoning Ordinance PAGE 1 • ~ : _. • East of and at right angles midsection line; with the North/South Thence North 00 degrees 34'46" East, 877.66 feet along a line parallel with said North/South midsection line and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; Thence continuing North 00 degrees 34'46" East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a line parallel with and 301.00 feet Easterly of the midsection line of said Section 7 to a point on the Northerly line of the Southwest '~ of the Northwest '~ of the Northeast '~ of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; Thence North 89 degrees 42'37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest '~ of the Northwest '~ of the Northeast '~ to the Northwest corner of said Southwest '~ of the Northwest '~ of the Northeast '~ of Section 7; Thence South 00 degrees 34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South midsection line of said Section 7; Thence continuing South 00 degrees 34'46" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 of the Vacated Plat of the Second Cottage Home Addition to Meridian; Thence South 38 degrees 30'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said Block 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; Thence South 00 degrees 34'46" West 926.26 feet along the West line of said Block 13, said line is 150.00 feet West of and parallel with the said North/South midsection line, to a point; Thence South 89 degrees 25'14" East 150.00 feet along a line at right angles Frith said North/South midsection Elvira Annexation and Zoning Ordinance PAGE 2 • • line to a point on said midsection line; Thence North 00 degrees 34'46" East 272.64 feet along said North/South midsection line to the TRUE POINT OF BEGINNING; Containing 10.85 acres, more or less. SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. is hereby annexed to the City of Meridian, and shall be zoned Medium Density Residential (R-8); that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of meridian as a condition of annexation and if not paid the-land ;, shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. 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. 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 enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L, and M, of the Revised and Compiled OrdinancE.s of the City of Meridian. Elvira Annexation and Zoning Ordinance PAGE 3 • • 2. The Applicant .and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. d. 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. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That if these conditions of approval are not met the property shall be subject to de-annexation. g. That the requirements and conditions of the Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian shall be met. Section 3. That if the 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. Elvira Annexation and Zoning Ordinance PAGE 4 • • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6 ~~` 199$. day of January, ~~`~' " ~ ~T tip • s ~ _ ~ LLIAM G. BERG, JR ' - CITY CLERK ~ B~AL ? ~ STATE OF IDAHO, ) ,'~.,~ 0,,~ t 19R • ~ ~.~~~.*~ County of Ada, ~ ss . ,~~~~'~~~~~,n~~~~~~,+``,` I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE EAST ~ OF THE NW '~!, AND IN THE WEST '~ OF THE NE '~ OF SECTION '7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY N0. 3832 FILED AS INSTRUMENT NO. 97023999 IN RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. '7~ ~. , by the City Council and Mayor of the City of Meridian, on the ~ f~ _ day of January, 199$, as the same appears in my office. DATED this ~ ;~ day of January, 1998. ~., .d,~.~ of '~~ ~T~ 8~. ~ ~ ~ ~.i1 b [J M ~YYY ~/j^~i ~/ r ~ _._•_ ~ ` ,''',h~~~~~b~u~ n~pN~,~~`,,`,• ~-ity c:lerx, city o Ada County, Idaho an Elvira Annexation and Zoning Ordinance PAGE 5 r.. STATE OF IDAHO,) ss. County of Ada, ) -,akwgr t 9 98 On this ~ day of ~t '~ ~, '"^', before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ 9J,• ~~ s . ~ ~pTARy SEAL Elvira annex. zdi~..~j~~~•~•• 12\23\97-Final No Public for daho si ng at Meridian, Idaho y mmission Expires p,? Elvira Annexation and Zoning Ordinance PAGE 6 `] 9 ~ 0 U ~~'~. ID.1 I I 1~ ~~ ~..~~ r~~ ~~ ;b I r ( I ~~~ ~3 _ _ ~ ~/.~~ N c~0 ~ ~ ~~ ~ 8 ~ SP+D'34~4VW• 3G.9o' : ~. •~ r N / 7 ~ ~.a u ~_--~ m ~, ~ ~ ~~~.~ Ewe b 3 $ s ~~ -~ ~~ _______~ --- ~ + i IDS P ~g m : $~ S 8 ISI N aes ~ s1 ~• 1 ~=i eeti ~, ~ ` •H ~~ sm~ ~~ AD I N ~ W , ~ ~g i AVE -~ PME ~ Ceh+e. Y4 I t ~}toa JwL W ~ ~~---~ I I ~ ~~ J ~--~C .~ .` :~ f/! i Z 1 N ~ Meridian City Council January 6, 1998 Page 9 Corrie: Motion made and second that we table for January 20~', item #5, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #782 - ELVIRA SUBDIVISION ANNEXATION: Corrie: THIS IS AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF THE LAND IN THE E '/ OF THE NW %4 AND THE W '/ OF THE NE %4 OF SECTION 7, T.3N, R.1 E, B.M, MERIDIAN, ADA COUNTY, IDAHO AS SHOWN ON THE RECORDS OF THE SURVEY #3832 FILED AS INSTRUMENT NO. 97023999 IN THE RECORDS OF ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #782 read in its entirety. Hearing none I will entertain a motion for the Council on Ordinance #782. Bentley: Mr. Mayor, I move we adopt Ordinance #782 with the suspension of rules. Tolsma: Second Corrie: Motion made and second that we adopt Ordinance #782 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Tolsma -Yea, Rountree -Absent MOTION CARRIED: All Yea ITEM #7: ORDINANCE #783 -FUTURE PARK ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE '/< OF THE SECTION 36, T.4N, R.1W, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #783 read in its entirety? Hearing none, what is the Council's pleasure on Ordinance #783? Bentley: Mr. Mayor, I move we adopt Ordinance #783 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to accept ordinance #783 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Tolsma -Yea, Rountree -Absent a ~ DEVELOPMENT AGREEMENT TH S~EVELOP ENT AGREEMENT (this "Agreement"), is made and entered into this - day of ~l~ ~n~l' , 1998, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Moore or Les, Inc., an Idaho company, and Ronald L. Crow, party of the second part, hereinafter called "DEVELOPER", whose address is 1185 Osprey I,~i'dg,,e .Eagle .Idaho 83616 and 6937 West Parapet Court, Boise, Idaho 83703 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of 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, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Medium Density Residential District (R-81, 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning & Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made some representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and DEVELOPMENT AGREEMENT STERLING CREEK SUBDIVISION ~~~~ .. huA CO~YiTY FttCORO~~; ,r/ J' aois~.~ioaAO'~u 1998 P~0 17 Ai310~ 43 RECORDE -REQU F 5 ~,~ FE ER 981i03i1 • 1.7 WHEREAS, City Council, the 11th day of November, 1997, has approved certain Findings of Fact and Conclusions of Law in order of decision, set forth in Exhibit C, which aze attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 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 requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF F IT T 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. IJ~ES PERMITTED BY THI A REEMFNT: 3.1 The uses allowed pursuant to this Agreement aze those uses allowed under CITY's Zoning Ordinance Medium Density Residential District ~$.) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE 2 STERLING CREEK SUBDIVISION • • 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses aze specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVET.OPMENT IN CONDITION T. T14F.~ 4.1 DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS DOVE NTN DEVF.T.(~PMF.NT nF 4iTRTF.(' PROPERTY• 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, construct single-family houses which shall not have less than the squaze footage of interior living space for that particular residential lot as specified on the final plat of Sterling Creek Subdivision. Townhouse and/or duplexes will be constructed on Lots 1,2,3,4,5,6,7, and 8, Block 1. Lot 9, Block 1 is an access lot. Each unit shall not have less than the squaze footage of interior living space for that particular lot as specified on the final plat of Sterling Creek Subdivision. 5.1.2 That the property is zoned R-8, described in Exhibit A, and shall have lot sizes specified on the final plat of Sterling Creek Subdivision, which aze the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and single family, townhouse and/or duplex to be constructed on said property. 5.1.3 That there shall be no change to increase the number of lots or reduce the size of lots shown in the final plat of Sterling Creek Subdivision as submitted with the request for annexation, zoning DEVELOPMENT AGREEMENT PAGE STERLING CREEK SUBDMSION and final plat approval, which is incorporated herein as if set forth in full. 5.1.4 That DEVELOPER will, before 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 bamcades, 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 the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 5.1.5 That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, 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. 5.1.6 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 construction 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 time of execution of this Agreement. 5.1.7 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 it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approve by the City Engineer. DEVELOPMENT AGREEMENT PAGE STERLING CREEK SUBDIVISION u • 5.1.8 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 duplicated 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. 5.1.9 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. 5.1.10 That DEVELOPER agrees, that upon finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or if it does not so 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 conferences after notice to DEVELOPER. Provided, however, the City Council shall not make the findings provided for 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. 5.1.11 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 DEVELOPMENT AGREEMENT PAGE STERLING CREEK SUBDIVISION u 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 DEVELOPERS 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 or 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. 5.1.12 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 manner provided by law, or may pursue 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 rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 5.1.13 That DEVELOPERS 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 berming, 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 further that upon request of the DEVELOPER, the CITY will execute and deliver a partial 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 DEVELOPMENT AGREEMENT PAGE STERLING CREEK SUBDIVISION i 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 check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 5.1.14 That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 5.1.15 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 construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 5.1.16 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. 5.2. No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. DEVELOPMENT AGREEMENT PAGE 7 STERLING CREEK SUBDIVISION 6. INSPECTION: 6.1 DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLI N(".F. PF.RT(~T)/ ON~FNT TO FZONE• 7.1 This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER'S heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance maybe extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. RFOL]T_RFMFNT FOR F .O ATIOl`T• 8.1 CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: 9.1 CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE STERLING CREEK SUBDIVISION • 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER'S heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure maybe cured shall be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. ti Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT PAGE 9 STERLING CREEK SUBDIVISION • CITY: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Moore or Les, Inc. Ronald L. Crow 1185 Osprey Ridge Eagle, Idaho 83616 and 6937 West Parapet Court Boise, Idaho 83703 with copy to: A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. Time is of the Fssence• The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. Binding upon Successor :This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT PAGE 10 STERLING CREEK SUBDIVISION 16. Invalid Provision If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 17. Final Agreemen . This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 18. Effective Date of Agreemnn+ This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 11 STERLING CREEK SUBDIVISION • ACKNOWLED M .NTH IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Moore or Les, Inc., and Ronald L. Crow BY: Moore or Les, Inc. Ron Leslie, President BY: i ~t ~~ ~ Ronald L. Crow CITY OF MERIDIAN BY: C ~ l ' ~ G~i~y Civurcc':? ~i'QsiQ'en~ Attest: ~, n ~'S~~~`L~+~i,i~si tJttltJJteii~f ~'~~ ' y11~A ~ ~~ V ~''i City Clerk r w ~~~L - BY RESOLUTION NO. 2~3 = r = i~ ~ ~~~ ~~ DEVELOPMENT AGREEMENT ~~'`~`J~'~'f.,r~! `~ ~ ~~`~~~\\`, ,r:F;,,:„~~~ PAGE 12 STERLING CREEK SUBDIVISION • • STATE OF IDAHO ) :ss COUNTY OF ADA`~ ) On this-~i~=day of November, in the year 1998, before me, a Notary Public, personally appeared Ron Leslie, known or identified to me to be the President, of said Moore or Les, Inc., Ada County, State of Idaho, and also who executed ,•. r the instrument or the person that executed the instrument on behalf of said Moore or Les, ~,,,~.~t«~:....,, ,~~~~~ irN~;~~S~y~3~id acknowledge to me having •executed the same. . ~` ~.~. ~ ~~~ ~' `,~ 20 ~ v ~ c _ L Notary Public for Idah * ~'"" ~ ~~~ ,~ Commission expires: " ~ ~(~ ~ ,,, STATE OF IDAHO ) :ss COUNTY OF ADA ) ~~ On this ~~~ day of November, in the year 1998, before me, ,~ a Notary Public, personally appeared Ronald L. Crow, known or identified to me to be the person who executed the foregoing instrument, and acknowledge to me that he executed the same. ttatl tfrrllf rear rel. ~~ S f . G ..~~'. ~~ ' ~~ 1'\~ •.. 'Y•\ ._ r itt, N re .fn'r DEVELOPMENT AGREEMENT STERLING CREEK SUBDIVISION Not Public for Idaho Commission expires: ~~ ~~-~~~ PAGE 13 C~ • STATE OF IDAHO ) :ss County of Ada ) On this ~ ~ day of ' V ~V~J in the ear 1998 bef y'lcLi2/c~J~/~owt+7s'ee.e, ~ ril , a Notary Public, personally appeared and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. iE~,~OTA~~~ ~k ' -~- _ ~.~pUBL1~'~••~ '•-- OF 1~Q;s~-a l Notary Pu 'c for o Commission expires: 1 S a. DEVELOPMENT AGREEMENT PAGE 14 STERLING CREEK SUBDIVISION DEVELOPMENT AGREEMENT PAGE 15 STERLING CREEK SUBDMSION • DEVELOPMENT AGREEMENT PAGE 16 STERLING CREEK SUBDIVISION • 8/10/98 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MOORS OR LESS INC. AND RONALD L. CROW This subdivision is for 41 lots with an overall density of 3_0 dwelling units per acre. The DEVELOPERS shall: 1. Construct anon-combustible fence along Five Mile Creek outside existing Nampa- Meridian Irrigation District easement/right-of--way prior to obtaining building permits. 2. Provide permanent perimeter fencing prior to obtaining building permits, except where the City has agreed in writing that such fencing is not necessary. 3. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the City; Five Mile Creek is excluded from this requirement. 4. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 5. Construct curbs, gutters, sidewalks and streets to and within the property. 6. Pay any development, impact or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. 9. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. Provide pedestrian walkways in accordance with Meridian City Ordinance ] 1-9-605 C. EXHIBIT "B" STERLING CREEK SUBDIVISION Rev. 8/10/98 Page 1 of 2 ~ s Findings of Fact and Conclusions of aw/Condition of Appx vial DEVELOPMENT AGREEMENT PAGE 17 STERLING CREEK SUBDIVISION BEFORE THE CITY COUNCIL IN THE MATTER BEFORE CITY COUNCIL ) AND REFERENCED APPROPRIATE )ORDER DENYING MOTION TO MATTERS, ZONING, AND ANNEXATION ) REMAND REZONE, AND AND THE DEVELOPMENT AGREEMENT )ANNEXATION AND DEVELOPMENT FOR STERLING CREEK SUBDIVISION, )AGREEMENT This matter coming before City Council on October 22, 1998 pursuant to notice and stipulation of Ronald L. Crow, Moore or Less, Inc., and their counsel, and Bill and Lucy Leavell and their counsel, upon Bill and Lucy Leavell's Motion to Remand Rezone, and Annexation and the Development Agreement approval to Planning and Zoning Commission and the applicant, Ronald L. Crow, appearing together with his counsel, Frank Stoppello, and Bill and Lucy Leavell appearing together with their attorney, Fredric V. Shoemaker; and the Council considering arguments of Counsel the report of the City Clerk and testimony both in support and in opposition to the Motion; The Council finds that given the circumstances of this matter the Notices of Public Hearings were given in accordance with the law; and therefore Leavell's Motion is denied. By action of the City Council at its special meeting held on October 22, 1998. By: RT D. CORRIE Mayor, City of Meridian ORDER DENYING TO REMAND REZONE, ANNEXATION AND ZONING AND DEVELOPMENT AGREEMENT STERLING CREEK SUBDIVISION ,: Copy served upon Applicant and his Counsel of Record, Leavell's and their Counsel of Record, and the Planning and Zoning Department. BY~ Dated: l~ " ZZ - ~$ ity Clerk ```'~`,,~,`t`h~tlltli1~fliJr ~~~''r~i ` ~~ a°R'~, ;. - ~~ ,,,'',TO7 r igt . ~• P~``~~, ORDER DENYING TO REMAND REZONE, ANNEXATION AND ZONING AND DEVELOPMENT AGREEMENT STERLING CREEK SUBDIVISION t ' ` AD~COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Elvira/MPP-06-97/MA-09-97 Fairview Ave. e/o 2 '/2 St Elvira is a 41-lot residential subdivision on 10.85-acres. The applicant is also requesting annexation and rezone from RT to R8. The site is located 600-feet south of Fairview Avenue and 1,100-feet to the east of 2 '/s Street. This development is estimated to generate 410 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Bradley Street Washington Avenue ACRD Commission Date -May 13, 1997 - 7:00 p.m. FAIRVIEW AVE - U. S HWY IGRUBER W' 0 SITE z Q 0 WA~HINGTONI EVE ~I~ ELVIRA SUBDIVISION, VICINITY MAP P.U.D. ~, t SCALE: 1 "=300' . ~.ra . sl_s 1 I ~ r gaol ~ v 3 n r i ~_+! I~ / 1 ~~ 1 ~ .V O ~ J -~ ' ~~ ~ ~ f ~D~ST/~#~I~ c ,~ ~ .... _~, ~ a~ i~ F I ~ ; ~= y ~~~~ i2 i 4 e Y $ i 'r ^ ~Y i Q ICI { aF'~ j pF{ ~>s+o.o+ ~ 0 . ! . ~ I i li Ior f B~DL~-.Y a ~~ ~ al ® ~ ~G it _ _ A~~ I't _ s 4:f ~~ O ~ a `s a ~~ ~~ ''i 32~2~. I~II'I ,~ s k~ I° I_ 1€=fit. a y ~' ; ~ ~3 ~~4~~ V - • s '•• li .s e I : ~ti pie \ O m 31=t ~ ]~~ a a + ~ a Qa ~~i3 a . I a ti z ;: is $ a O a .D~-11+ ~}~ $ i 4so '~ -_ = - - - _ o t ^t ~I ~' N j # f? :;a ,} ~ ~ 1t~ ~i fj~ i *~~ i;i :1~ s I ; ;j {1: ~ ~f {S~ i t{j~.~ : {i~ ;~ ~ , \~? _ {_- i~: { F` is°, ~` ~=fit,; j!i i~ ,~; i ~ i ~ ~ {~ Ls 1 1 i~ ft 1 S Si I d ~ - i N 21 ~~ I I - ~ _ ,~! Ila ~ _O. 0 r~ - O_~ O I a j L ~~~ Mrt a ..mires s.. ~~NiT ~s t \ \ / _ I~ f -1-- T 1 ) / ~ ~~ ~ ,~ ; o - ;,-, ~ ~ . ~ uN,oP~a~tED p ~ i .~• ~ z lOr_1 a I ~~ t?~ ! ~ f.~15r oFC~7kk~~~~ , r ~~-~-a 3 f~ f g#L4 . T ~ r' ~-~ ..a, ..mm j L i J ~~ l 8a; .y. ~A - x t CL1M~ R.~[IM1~O'1 • ~l1MO 1/fr O[VlLO/l~CT r 1/] K 1/t ~.O ~ 1/2 A 1/t O~ ~[C TUO'1 ). T.)1L, Ili. aul .Earl w~ cousr'r, o.wo J-W fMGINEEII~, Int LO >aR~ ~.m ..oaR ~/A sort Ltil ~L ors asf~-r. r•et. li•11F~f1f • Facts and Findings: A. General Information Owner -Ron Crow Applicant -Same RT -Existing zoning R8 -Requested zoning 10.85 -Acres 41 -Proposed building lots _ 33 -single family lots 8 -townhouse lots 1,600 -Total lineal feet of proposed public streets 266 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Badley Street Local street with no pathway designation No traffic count available 0-feet of frontage 60-feet existing right-of--way (30-feet from centerline) SO-feet required right-of--way for the extension Badley Street is improved with 25-feet of pavement with no curb, gutter or sidewalk on the north side of the roadway. There is curb, gutter, and sidewalk on the south side of the roadway. Badley Street currently terminates 520-feet to the west of the site. Washington Avenue Local street with no pathway designation No traffic count available 60-feet of frontage for the 60-foot wide existing right-of--way (at a stub street on the site's west boundary) 301-feet of frontage for the 25-foot wide existing right-of--way along the site's "south" boundary, which is in the same alignment as Washington Street, east of Cathy Lane 50-feet required right-of--way for the extension Washington Avenue is improved with a 37-feet of pavement with curb, gutter and sidewalk on the north side and curb and gutter on the south side where the road stubs into the site's west boundary. The 25-foot right-of--way east of Cathy Lane is unimproved. EL VIRA. COM Page 2 B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. As previously reviewed and approved by the Commission on April 22,1998, the applicant will not be responsible for the dedication of additional right-of--way and construction of street improvements in the existing unimproved 25-foot right-of--way for Washington Avenue east of Cathy Lane to the site's east boundary, which is the Five Mile Canal. The reasons are as follows: _ 1: _ The subdivision east of the Five Mile Canal (Danbury Fair) was developed without a stub street to connect in the Washington Street alignment. 2. A pedestrian crossing of the Five Mile Canal is planned at the north end of this site. 3. The 25-feet ofright-of--way was dedicated with Catherine Park Subdivision and if vacated, would be vacated to the abutting lot to the south. The applicant would receive no benefit from vacating this right-of--way. D. Unless otherwise specified, the applicant should be required to construct all the internal roads as 37-foot street sections with curb, gutter, and 5-foot wide sidewalk within 50-feet of right-of- way. E. The applicant is proposing to extend Washington Avenue into the site and then curve the road to the north. Washington Avenue will be the only public street access to the site. Staff supports the proposed extension of Washington Avenue into the site. The extension of Washington Avenue should be constructed to a 37-foot street section with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet ofright-of--way. Coordinate the transition of the existing improvements to Washington Avenue with District staff. F. Badley Avenue is an east/west roadway that currently terminates approximately 520-feet west of the site's west property line. The applicant is proposing to stub Badley Avenue to the west, approximately 320-feet south of the north property line. Staff supports the location of the stub street. From the current terminus of Badley Avenue to the site, there is no existing right-of--way for Badley Avenue (approximately 520-feet). The District would normally require the applicant to provide minimum off-site roadway improvements to Badley Avenue from its terminus to the site, however, there is no right-of--way in which to do improvements. The roadway will be completed when the site to the west of the subject site redevelops. G. The applicant is proposing to construct Badley Avenue and Inez Place, east of Cathy Street, as 29-foot street sections with curb, gutter, and 5-foot wide concrete sidewalk within 42-feet of right-of--way. The District will allow this street section, provided the ADT (average daily vehicle trips) is less than 200. Badley Avenue and Inez Place, east of Cathy Street, is estimated to have less than 200 ADT, therefore, staff recommends that the applicant be allowed to construct these segments of roadways as reduced street sections. EL VIRA. C OM Page 3 • H. The applicant is proposing a 23-foot wide private driveway offBadley Avenue between Lots 13 and 16, Block 3. This driveway will be used to access Lot 15, Block 3, of the proposed subdivision, because this lot has no frontage on a public roadway. The applicant should provide Lot 15, Block 3, an easement to use this common driveway for access to the public roadways. The easement for Lot 15, Block 3, should be noted on the final plat. I. The applicant is not proposing any stub streets to the north. The parcels to the north have been previously approved with commercials uses. The District would normally require the applicant to provide a stub to the north for intra-neighborhood connectivity between this parcel and the _ adjacent land to the north. However, a stub street to the north would not enhance intra- neighborhood connectivity and would mix commercial use with residential use, therefore, staff recommends that no stub street to the north be required. J. The applicant is not proposing any stub streets to the east of the site. The site to the east has been fully developed without any stub streets provided to this site. However, there is a sewer easement/possible pedestrian pathway that was provide to the site's east property line, located approximately 120-feet south of the site's north property line. The subject site should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the eastern boundary, located approximately 120-feet south of the north property line for intra- neighborhood connectivity. Coordinate the location of the pedestrian pathway with Meridian Planning. K. The applicant should be required to provide a paved pedestrian pathway from the turnaround on Inez Place west to the Five Mile Drain, located approximately 120-feet south of the north property line. There is a pathway on the east side of the Five Mile Drain. Coordinate the location of the pedestrian pathway with Meridian Planning staff. L. The applicant is proposing two turnarounds off Cathy Street. The northern turnaround is located approximately 290-feet south of Badley Avenue, and the southern turnaround is located approximately 520-feet south of Badley Avenue. Both turnarounds are designed with a 50-foot radius. The locations and design of the turnarounds meet District policy. M. The applicant is proposing to construct anon-circular turnaround at the north end of Inez Place. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Submit a design of the turnaround for review and approval by District staff. N. The applicant is proposing to construct a private road on the south side of Washington Avenue, approximately 120-feet east of the west property line. The private road is proposed to be used for access to the townhomes at the southern portion of the site. Staff supports the location of the private roadway. However, the applicant is proposing an intersect angle of the private roadway of approximately 55-degrees with Washington Avenue. The District will allow a minimum intersect angle of 75-degrees for the private roadway and Washington Avenue. The EL VIRA. C OM Page 4 • applicant should be required to redesign the intersection of the private roadway in accordance with District policy. Coordinate the design of the intersection of the private driveway/roadway and Washington Avenue with District staff. O. Graveled private roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The applicant should be required to pave the roadway its full width (24-feet minimum) at least 30-feet beyond the edge of pavement of Washington Avenue. The intersection of Washington Avenue and the private road should be designed as a standard curb cut approach. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct, approved name of the road i required. P. ACRD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. Q. Carlton Way is an east/west roadway located approximately 30-feet south of the site's south property line, and currently terminates 150-feet east of 5th Street. Carlton Way may be extended past Lot 2, Block 1 in the future. Because of this, District staff recommends that the City of Meridian require the standard street setback for Lot 2, Block 1, of the proposed subdivision for the possible extension of Carlton Way. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Recommendation to the City of Meridian: The applicant should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the east property line, located approximately 120-feet south of the north property line for intra-neighborhood connectivity. Coordinate the location of the pedestrian pathway with Meridian Planning staff. 2. The applicant should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the east side of the Five Mile Drain pathway, located approximately 120-feet south of the north property line. Coordinate the location of the pedestrian pathway with Meridian Planning staff. EL VIR.A. COM Page • District staff recommends that the City of Meridian require the standard street setback for Lot 2, Block 1, of the proposed subdivision for the possible extension of Carlton Way. Site Specific Requirements: Construct a turnaround at the north end of Inez Place. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Submit a design of the turnaround for review and approval by District staff. 2. Construct Badley Avenue and Inez Place, east of Cathy Street, as 29-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 42-feet ofright-of--way. Unless otherwise specified, construct all the internal roads as 37-foot street sections with curb, gutter, and 5-foot wide sidewalks within 50-feet ofright-of--way. 4. Extend Washington Avenue into the site, located approximately 215-feet north of the south property line as a 37-foot street section with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. Coordinate the transition of the existing improvements of Washington Avenue with District staff. Construct two standard ACRD turnarounds off Cathy Street, the northern turnaround shall be located approximately 290-feet south of Badley Avenue, and the southern turnaround shall be located approximately 520-feet south of Badley Avenue. 6. Construct a private road on the south side of Washington Avenue, approximately 120-feet east of the west property line. Redesign the intersection of the private driveway/roadway and Washington Avenue with a minimum intersect angle of 75-degrees. Coordinate the design of the intersection of the private driveway/roadway and Washington Avenue with District staff. 7. Provide Lot 15, Block 3, an easement to use the common driveway (between Lots 13 and 16, Block 3) for access to Badley Avenue. The easement for Lot 15, Block 3, shall be noted on the final plat. 8. Pave the private roadway off Washington Avenue, located approximately 120-feet east of the west property line, its full width (24-feet minimum) at least 30-feet beyond the edge of pavement of Washington Avenue. Construct the intersection of the private road and Washington Avenue as a standard curb cut approach. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40- feet. EL VIRA. C OM Page 6 • . -- Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct, approved name of the road is r 'r 9. ACRD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs maybe necessary in order to qualify this road for public ownership and maintenance. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The reauest shall specifically identi each requirement to be reconsidered and include a written explanation of why such a reauirement would result in a substantial hardship or ineouity. The written req eu st shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identi each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 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. EL VIRA. C OM Page 7 6 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. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or:other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff LVlay 13 1998 EL VIRA. C OM Page 8 ' AI~ COUNTY HIGHWAY ~ST ACT Planning and Development .Division `' V ~~ ~- Development ApplicatiorrRe°~ort ~* ,,~:_.- , ~, ,..~ ~:~ Preliminary Plat - Elvira/MPP-06-97/MA-09-97 ~;~~, Fauview Ave .e/o;21%2 St .~ < <: E't Elvira is a 41-lot residential subdivision on 10.85-acres:~The~applicant is also requesting annexation and rezone from RT to R8. The site is located 600t`feetsouth of Fairview Avenue 4fx~'.. ~ t `" and 1,100-feet to the east of 2 1/2 Street. This de~eIoj~ment is~estunated to generate 410 additional vehicle trips per day based on the Ins`titut of*Transpor'tation Engineers Trip Generation manual. ~ ~" ~ ~'~'``' ~~ ~~'~ Roads impacted by this development °~~,v-~ Bradley Street Washington Avenue ,~ .~ t s ':. 7t ~~i, ~ i "-1, 4 ~~''• - y!.~r..> ACHD=Commission=Date -October 22, 1997 - 7:00 p.m. K ~~ ~ Y ~, FAIRVIEW AVE - U. S HWY_30 SITE Q w,~sHlrvcroNl 1~vE W i~ ELVIRA SUBDIVISION, P.U.D. VICINITY MAP SCALE: 1 "= 300' ~1 ~ !i • . \ r .. .m., .. ,... st i tf = r n I $ ~ /J i I s r .... _ _ s ~ 0 ~ I \ ati4 \ a I t X~~ ~, ~ ~$ ~ ~ a}_E ' II it ~ • i ' I I .V ~ ( *I ~ F ~~f;.~~~ ii ~ 4il s~ ~ _~ a €° ~ _ xpa~ ~ ~ F~ ~~k~7 t I fi . E>i f 7 Ph lip •rs+o.o~+ O ~ nor ~ ~ ~ y ~ 2I•}i• ~ .~„" ; ~ ~ $"" ;its i ~~~. ~- e ~ r , It J - •_ ~ ~i O I i ~j#~ ~ I ~#~ .r I •- - z ~ 1~j8 a - ~~ I sa z = ~ r a~ ~• Z ~ rJ- Ir, J - a f~ ~'~ I ~ _ .~"... .. ~ ~•_ d ii ~ O - ~ ~~ ~ $) ~ ,; f 1r' rj. ?j ;~ t frrj 'i •_- #~ rr r t ?~t# o a t a a {. t s ~ ~ t ~ I s ~ 7~! ~~~ }i f' 7 jit} r~ f'~~~'~ '}j I~# •i1 I ~\ i . •t= ja {j1 r 1 1 a? ~~t 2ri n ,•~' stj r ~a ~* i N • ~ p ~^ •~ ~ ~_ : ~ O_$I~ ~ ~~~ ~ -OO O r~ 0 ~. • ~ Q .. t c ~~ i . isr.1'r s. ~ / r wr .r.so ..c .r' ~ - ' a ~ ( A ~ ' ~ j~ s LO•=J ;Ly ,~ .. ~~ ' ~ F I>t T~.O -~-' - I a ..nn7. ws f ~ . +~ ~ ;~ 8~~ - --- ~ ~ -~ ~~.;ah ~ ~; ~ ~i ~ nv~l~ ~p~pA ,r.W ENGINEER!. Ine. A RAI~lO IMT p[VRWl~lt !a• lava QO/••d. •'~~ ~C _ ~.,~ ~, ~>~~~ flCT1011 7. T.=IL Lt LY fac ftY=-.tr . •EIIC1Ml M~ Cp1IR7, ONTO • Facts and Findings: A. General Information Owner -Ron Crow Applicant -Same RT -Existing zoning R8 -Requested zoning 10.85 -Acres 41 -Proposed building lots 33 -single family 8 - townhome~lc 1,600 -Total lineal.feet of proF 266 -Traffic Ana ysis Zone" ~~ :~ ~~. }E West Ada -Impact Western Cities - In ~` :nefit Za °e Asses • .f .~ _ , :.~.._ i~~ ~. ...},..y Badley Street Local street°xvith no pathway designation No traffic count availab,~e 0-feet of frontage 60-feet existing right-of--way (30-feet from centerline) 50-feet required right-of--way for the extension Badley Street is improved with 25-feet of pavement with no curb, gutter or sidewalk on the north side of the roadway. There is curb, gutter, and sidewalk on the south side of the roadway. Badley Street currently terminates 520-feet to the west of the site. Washington Avenue Local street with no pathway designation No traffic count available 60-feet of frontage 60-feet existing right-of--way (30-feet from centerline) 50-feet required right-of--way for the extension Washington Avenue is improved with a 37-feet of pavement with curb, gutter and sidewalk on the north side. There is curb and gutter on the south side of the roadway but no sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. ELVIRA.COM Page 2 • • C. The applicant is proposing to construct anon-circular turnaround at the north end of Inez Place. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the; area where the `dev~iopment is located. Submit a design of the turnaround for review and approval by District staff. D. The applicant is not proposing any stub streets toJ-the north. 'The parcels to the north have been previously approved with commercials:uses. -The District would normally require the applicant to provide a stub to the northafor inta-neighborhaod connectivity between this parcel and the adjacent land to the north. However; "a stub street to the north would not enhance infra-neighborhood connectivity and would rnix commercial use with residential use, therefore, staff recommends that no stub,street to the north be required. E. The applicant is not proposing any stub streets to the east of the site. The site to the east has been fully devel©ped.without any stub streets provided to this site. However, there is a pedestrian pathway that was provide to the site's east property line, located approximately 120-feet south of the site's north., property line. The subject site should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the eastern boundary, located approximately 120-feet south of the north property line for intra- neighborhood connectivity. Coordinate the location of the pedestrian pathway with Meridian Planning. F. The applicant should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the west property line, located approximately 120-feet south of the north property line, for inta-neighborhood connectivity. Coordinate the location of the pedestrian pathway with District staff. This will require a culvert crossing over the Five Mile Drain. G. Badley Avenue is an east/west roadway that currently terminates approximately 520-feet west of the site's west property line. The applicant is proposing to stub Badley Avenue to the west, approximately 320-feet south of the north property line. Staff supports the location of the stub street. From the current terminus of Badley Avenue to the site, there is no existing right-of--way for Badley Avenue (approximately 520-feet). The District would normally require the applicant to provide minimum off-site roadway improvements to Badley Avenue from its terminus to the site, however, there is no right-of--way in which to do improvements. The roadway will be completed when the site to the west of the subject site redevelops. H. The applicant is proposing to construct Badley Avenue and Inez Place, east of Cathy Street, as 29-foot street sections with curb, gutter, and 5-foot wide concrete sidewalk within 42-feet of right-of--way. The District will allow this street section, provided the ADT (average daily vehicle trips) is less than 200. Badley Avenue and Inez Place, east of Cathy Street, is estimated to have less than 200 ADT, therefore, staff recommends that the applicant be allowed to construct these segments of roadways as reduced street sections. ELV IRA.COM Page 3 • I. Unless otherwise specified, the applicant should be required to construct all the_.internal roads as 37-foot street sections with curb, gutter, and 5-foot wide sidewalk~within SO~feet of right- of-way. J. The applicant is proposing to extend Washington Avenue into the site, located approximately 215-feet north of the south property line. Washingtori'Avenue.will be the only public street access to the site. Staff supports the proposed extension of Washington Avenue into the site. The extension of Washington Avenue should-be~_'constructed,to'a 37-foot street section with curb, gutter, and 5-foot wide concrete sidewalks withiri'SO-feet of right-of--way. Coordinate the transition of the existing improvements to Washington Avenue with District staff. K. The applicant is proposing two turnarounds Toff Cathy Street. The northern turnaround is located approximately 290-feet south of Badley~Avenue, and the southern turnaround is located approximately 520=feet south of Badley Avenue. Both turnarounds are designed with a 50-foot radius. T1ie ocations and design of the turnarounds meet District policy. L. The applicant is proposing to construct a private road on the south side of Washington Avenue, approximately 120-feet: east of the west property line. The private road is proposed to be used for'access to the townhomes at the southern portion of the site. Staff supports the location of the private roadway. However, the applicant is proposing an intersect angle of the private roadway of approximately 55-dgrees with Washington Avenue. The District will allow a minimum intersect angle of 75-degrees for the private roadway and Washington Avenue. The applicant should be required to redesign the intersection of the private roadway in accordance with District policy. Coordinate the design of the intersection of the private driveway/roadway and Washington Avenue with District staff. M. The applicant is proposing a 23-foot wide private driveway off Badley Avenue between Lots 13 and 16, Block 3. This driveway will be used to access Lot 15, Block 3, of the proposed subdivision, because this lot has no frontage on a public roadway. The applicant should provide Lot 15, Block 3, an easement to use this common driveway for access to the public roadways. The easement for Lot 15, Block 3, should be noted on the final plat. N. Graveled private roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The applicant should be required to pave the roadway its full width (24-feet minimum) at least 30-feet beyond the edge of pavement of Washington Avenue. The intersection of Washington Avenue and the private road should be designed as a standard curb cut approach. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct. approved name of the road is required. ELVIRA.COM Page 4 O. ACHD does not make any assurances that the private road which`i~a part of this application will be accepted as a public road if such a request is`made in the ftiture. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for~public ownership and maintenance. ~ s ~ " -`° w~, ~ ~, ~r~ P. Carlton Way is an east/west roadway located approximately 30-feet south of the site's south property line, and currently terminates 150-feet;'east of Sth`Street'. District staff recommends that the Ciry of Meridian require the standard~street~setback for Lot 2, Block 1, of the proposed subdivision for the possible extension of Carlton';Way. •;F : f" r ~ ~! r N: '::~' Q. The existing transportation system;ll beyadequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are providerd'as conditions for approval: - . ,. : ,,. Special Recommendation$to the Cty.of Meridian: r,= ~.~... ~ r. 1. The applicant~~should be required to provide a paved pedestrian pathway from the turnaround on Inez Place to the east property line, located approximately 120-feet south of the north property line',.; for infra-neighborhood connectivity. Coordinate the location of the pedestrian pathway with'Meridian Planning staff. 2. The applicant' should ~ ~ re i~~e ~ .p~ro~!id~ a paved pedestrian pathway from the turnaround on Inez Place to the ~~r~e~seper ocat d approximately 120-feet south of the north property line, for infra-neighborhood connectivity. Coordinate the location of the pedestrian pathway with Meridian Planning staff. '~° ~*~~" r°^~ ir~~' ---= "'~" ~~ ~ *''P F'°P b Q/ 3. District staff recommends that the City of Meridian re ire the standard street setback for Lot 2, Block 1, of the proposed subdivision for the possible extension of Carlton Way. Site Specific Requirements: 1. Construct a turnaround at the north end of Inez Place. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Submit a design of the turnaround for review and approval by District staff. 2. Construct Badley Avenue and Inez Place, east of Cathy Street, as 29-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 42-feet of right-of--way. 3. Unless otherwise specified, construct all the internal roads as 37-foot street sections with curb, gutter, and 5-foot wide sidewalks within 50-feet of right-of--way. ELVIRA.COM Page 5 ~, r 4. Extend Washington Avenue into the site, located ap~roxima ely 215=feet north`of the south ,. property line as a 37-foot street section with curb~gutte~ nd 5-foot wide "concrete sidewalks within 50-feet of right-of--way. Coordinate the transition, of the existing'°improvements of Washington Avenue with District staff. ; : ~`' "~ 4 ...,~ ~~ 5. Construct two standard ACHD turnarounds off~Cathy Street;the~northern turnaround shall be located approximately 290-feet south of Ba~ley4Avenue, and'tlie southern turnaround shall be located approximately 520-feet south of adley-.Ave ue ~°'`-~ ~~':_: ~ 6. Construct a private road on the south"side of Washington Avenue, approximately 120-feet F" ,. east of the west property line. Redesign the intersection of the private driveway/roadway and Washington Avenue with a minimum intersect angle of 75-degrees. Coordinate the design of the intersection of thy` privatedriveway/roadway and Washington Avenue with District staff. ~, 7. Provide Lot 15, Block 3, an easement.to use the common driveway (between Lots 13 and 16, Block 3) for access to Badley:'Avenue. The easement for Lot 15, Block 3, shall be noted on the final plat..:,: -~ 8. Pave the private roadway off Washington Avenue, located approximately 120-feet east of the west property line, its full width (24-feet minimum) at least 30-feet beyond the edge of pavement of .Washington Avenue. Construct the intersection of the private road and Washington Avenue as a standard curb cut approach. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2 % for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct approved name of the road is required. 9. ACRD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identi , each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ELV IRA.COM Page 6 ACHD Commission action. Those items shall be rescheduled fof_discussion with the Commission on the next available meeting agenda: '~ : Requests submitted to the District after 9:00 a.m. on he,day scheduled-for Commission action do not provide sufficient time for District staft~to remove the item from the consent agenda and report to the Commission regarding tfie requested ymodification, variance or waiver. Those items will be acted on by the,Cammission uriless~removed from the agenda by the Commission. -~~, R'~, ~ _' ~; ,~ 2. After ACRD Commission action, any request. for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum' fee of $110.00. The request for reconsideration shall ~pecifica~l i~den_tif~ each reauirennent to'be reconsidered and include written documentation of data that was`not available toile Conunission at the time of its original decision The request for reconsideration wll.be°heard by the District Commission at the next regular meeting of the Conunission:-,„ If the Conunission agrees to reconsider the action, the applicant will be notified of-the date and time of the Commission meeting at which the reconsideration will be heard . Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. 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. 6. 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. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ELVIRA.COM Page 7 Conclusion of Law: 1. ACRD requirements are intended to assure that the an undue burden on the existing vehicular and pede~ vicinity impacted by the proposed development. ' Should you have any questions or commen~s~please ~~'~ ~ Division at 345-7662. :~ ~~ Development Se rvices Staf f ~ '~,a; C ~: f 5 M I ~~: 3 6~~. ~ - ~ t M j ~L Y ~.J, !`~ ' ~ w R r ~ ' ~ f ._ M. _E_ w ~! ,:.z. _ ;y ,~ , - r ~~. rs, „~ :- ~opased use/development will not place iai%transportation system within the Development Services ELVIRA.COM Page 8 r;XH11i1T "A" A portion and within the East ~ of NW ~, and in the West '~~ the NE '~ of Section 7, nship 3 North, Range 1 East, B.,M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center '~ corner of said Section 7; Thence North 00°degrees 34'46" East; 957.00 feet (58 rods) along the North/South midsection line to the TRUE POINT OF BEGINNING; Thence along a line parallel with the East/West midsection line, North 89 degrees 33'49" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet East of and at right angles with the North/South midsection line; Thence North 00 _degrees 34'46" East, 877.66 feet along a line parallel with said North/South midsection line and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; Thence continuing North 00 degrees 34'46" East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a line parallel with and 301.00 feet Easterly of the midsection line of said Section 7 to a point on the Northerly line of the Southwest ~ of the Northwest ~ of the Northeast '~ of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; Thence North 89 degrees 42'37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest '~ of the Northwest '~ of the Northeast '~ to the Northwest corner of said Southwest '~ of the Northwest of the Northeast '~ of Section 7; Thence South 00 degrees 34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South midsection line of said Section 7; Thence continuing South 00 degrees 34'46" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 o,f the Vacated Plat of the Second Cottage Home Addition to Meridian; Thence South 38 degrees 30'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said IIlock 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; Thence South 00 degrees 34'46" West 926.26 feet along the West line of sa i r] R1 nrk 1 3 _ ~a i ri 1 i nP i ~ i ~n _ nn faafi • MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA THURSDAY, OCTOBER 22, 1998 6:30 P. M. CITY COUNCIL CHAMBERS HEARING OF NOTICE: CONCERNING MOTION ON BEHALF OF BILL AND LUCY LEAVELL. (STERLING CREEK SUBDIVISION PROPOSAL) • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH B[RD NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT ('_03)881-1'_61 PUBLIC WORKS BUILDING DEPARTMENT (~os> 33~-r_ i 1 PLANNING AND ZONING DEP.4RT~tENT (?08)881-5531 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Thursday, October 22th, 1998 at 6:30 P.M. They will hold a special hearing to discuss a procedural question concerning the notice for public hearing for Sterling Creek Subdivision. The public is welcome to attend. DATED this 13th day of October, 1998. ,`,II;~YIillltl//~,// N .M 9~ ~ w 9 ~T 1~3'~ • ~ ~ ~~~ WILLIAM G. BERG, JR. - I LERK Meridian City Council September 15, 1998 Page 18 Bird: No, the motion was just for one. They told me that's all I could. I would change my motion if he would pull a second and do all three if we - Bentley: Can we do all three? Or do they have to each individual public hearing be opened? Gigray: I think we should ask the individuals that have testified if they are here to testify specifically to any of the other agenda items or they felt they were addressing all three items. Corrie: Let me ask the ones here, is there anybody here that had testimony for 7, 8 and 9 or any continuation of those? Then hearing none, we can still have the public hearing on all those and notice it will be a public hearing. Bird: So I can - Bentley: I'll withdraw my second. Bird: I'd like to change the motion. I'd like to continue items number 7, 8 and 9 which are public hearings for annexation and zoning, preliminary plat and conditional use permit for Wilkins Ranch at the Lakes by Steiner Corporation until October 6, 1998. Bentley: Second. Corrie: Motion is made by Mr. Bird second by Mr. Bentley to continue the public hearing on items number 7, 8, and 9 which includes the annexation and zoning, preliminary plat and conditional use permit for Wilkins Ranch at the Lakes Subdivision. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION: Corrie: At this time Council I did receive a letter from the attorney in regards to this Sterling Subdivision. The attorney is Fred Shoemaker and he's here tonight. I would like to make sure that you all had that and put that in the record that we did receive that letter. At this time I would like to ask Mr. Gigray if he would make his comment to the Council. Gigray: Thank you Mr. Mayor, members of the Council, I have reviewed a letter which is addressed to you dated August 28th 1998 referencing the Sterling Creek Subdivision and it references the file number and it was addressed to you by Mr. Fred Shoemaker on behalf of Bill and Lucy Leavell. The long and. short of this particular letter is I believe • Meridian City Council September 15, 1998 Page 19 there's a motion contained at the end of that letter which references that the Council not approve the development agreement now scheduled which was I think previously may have been scheduled for the 1St of September and to return developer's request for rezoning and annexation and any other administrative proceedings which it is seeking which requires a hearing the Planning and Zoning Commission for further review. The basis for this motion is that as stated in the letter that his clients did not receive notice of the public hearings on the basis that they mailing was to a correct address in the wrong city that it was addressed to Meridian and should have been addressed to Boise. It is my opinion and my recommendation to the council with regards to this matter that the Council should schedule this for a hearing on this motion. I believe the developer should have an opportunity to respond to this motion. Mr. Shoemaker and his clients have the ability to argue their motion. I believe that it's a serious motion that demands attention. I think it's important not only to Mr. Shoemaker's clients but also the developer and the city that this matter be fully addressed and at that point in time they could address those motions and then the council could decide from a procedural standpoint how it wishes to proceed. Corrie: Council any questions? We want to definitely schedule a hearing then at their request. Do we schedule that hearing at a council meeting or a special meeting? Gigray: I think we could do it at either time. Your choice giving them reasonable notice. I would also recommend that you authorize the clerk's office and we'll provide assistance that we would send out a notice to the affected parties of the purpose and intent of this particular hearing so that they are advised. Corrie: Would October 20th be enough time for - Mr. Shoemaker would that give you enough time? October the 20th for hearing? Okay, thank you. Bird: I move that we table this development agreement with Sterling Creek Subdivision until October 20th 1998 and the interested parties know and inviting that. Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson to schedule a hearing on October 20th to discuss the Sterling Creek approval of the development agreement and their areas of concern. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 11: APPOINTMENT OF THE HUMAN RESOURCE DIRECTOR BY MAYOR: • COSHO, ~TUMPHREY, GREENER & WELSH, P.A. F1tLVRIC 'V. S1iOTc,MAKER COUNSELORS ANp A?TOaNEY$ AT LAW CARNEG-E dul~plNG 315 WEST WASHINGTON STPEET BO15E.IpAt10 83702 TFLEDHONE (208) 34--761 I rAC51MIL_ (208) 338-32°0 e•ma,l~ (shoemaker@chgw.com August 28, 1998 HA1V1~ 10~iYVER.ED Mayor Bob Corey Members of the City Council City ball 33 East Idaho Avenue Meridian, Idaho 83642 Re: Sterling Creek Subdivision CI-IGW File No. 686I -01 Dear Mayor and Members of City Council: errK: ~ornwsra~roa ~:'u~E rtiOrr'Ev xf~• x'R."vCav uw aan ~SOCHtnNv FI1E CO?Y I represent Bill and Lucy Leaven, who are the owners Hunter's Glen, which is an upscale apanment complex located on 10.58 aces immediately to the west of the proposed Sterling Creek Subdivision. Hunter's Glen shares a 700 fool common boundary with that proposed development. AS prupc~sed, the Scer)ing Creek Subdivision will have a huge adverse impact on the Leaven's complex and greater than any ocher properly or property ownrr in the vicinity. Yet unfortunately they only recently learned of the nature of the project and its impact on their propeny. This matter is apparently set for final administrative review by the City Council on September 1, 1998 where the dcveloper of Sterling Creek is asking that the City Cou>:lcil approve a t)evel~l>ment Agreement, a copy of which I obtained yesterday. Washington Avenue is t}~e only public street providing access to Sterling Creek Subdivision at this time. "I'he second public access proposed by the developer is from B:+.dlev Avenue, ~vllich curzetitly cer~iii2lates 52U feet west of Sterling Creek Subdivision anti just west of the i.r.avcll al~ann~ent complex. The applicant lyroposes and the City's apprUVal to date, assumes that the sec'~nd public access will be thrrnlgh t hP 1.eavell SEP 15 '98 16 01 208 338 3290 PAGE. 01 Mayor Bob Corey Members of the City Council August 28, 1998 Page 2 apartment comple-~c and that Badley Avenue tivill become a dedicated public street. It is this aspect of the Sterling Creek proposal that is absolutely objectionable to the Leavells. It is objectionablebecause the Leaven's projectwas approved by the City in 1992, both as a rezone and a PUD, the latter being required because the apartment complex was approved with internal private streeu, which includes Badley Avenue extended as a private sweet 240 feet to the Leavell apartment complex. Badley Avenue actually terminates and turns south into the existing First phase of Hunter's Glen and seven required parkin; stalls are located just east of where this private road terminates. As a result, Badley Avenue cannot be extended, whether as a public or private street, without elinunating these required parking stalls. Over a year ago Mr. Leavell told the developer of Sterling Creek on the site that Badley Avenue was a private road, was approved by the City of Meridian as a private xoad and Leavell was unwilling to allo~cv conversion of Badley Avenue to a public street to provide public access to Sterling Creek. Yet the developer of Sterling Creek apparently processed and sought approval from the City calling Cor a second eventual required public access through the Hunter's Glen apartment complex. Although the Leavells knetiv the developmenttivas being considered for the Sterling Creek property, they were not notified of its impatt on their apartment complex and the developer's proposal to run a public street through t11e middle of their apartment complex because the notices mailed by certified mail to the Leavells was mailed to 2484 Sunshine Drive, Meridian. Idaho ' 42, and were returned marked "No Such Street" according to copies of documents obtained from the City files. Tltis occurred despite the fact chat the list of property owners within 300 feet prepared by the developer's engineers included the correct address for the Leavells at 2444 Sunshine Drive, Boise, Idaho A3712-7557. railurc to provide written notice to the I.cavclls is a breach of the Land Use 1'larcni1lg Act, Idaho Code § b7-f~511 and Meridian City Ordiclances. The fact the Leavells only rrltlltly learIlcd of the developer's proposal to provide public access through the middle oFthrir apartment comple,~c is a fact most surprisingsince Mr. Leavell explicitly told the developerorie year a~~o that. Badley Avenuewas a private road and he would not give perl»ission to provide access through the apartment project. SEP 15 '98 16 01 208 338 3290 PAGE. 02 Mayor Eob Corey Members of the City Council August 28, 1998 Page 3 1'he preliminary approvals given by the City and its staff were also~apparently made without knowledge of tltr fa~~t that the City approved Hunter's Glen apartment complex in 1992 tivith internal private roads. The objectionable basis of having a public road bisect an apartment complex is self-evident and no other like-sized apartment complex exists with a public right-of-way bisecting the middle of it. It would be especially objectionableto the integrityof the bunter's Glen project. When the Leavells proposed their project in 1991, they pioneered the development of an upscale apartment complex with amenities of on-site pool, laundry facilities, play areas and a clubhouse in Meridian. Many questioned the advisability and survivability of the project. Their project vas proposed and planned in t~vo phases. The initial phase of 44 apartment units on the southerly most 3.8 acres vas constructed in 1992. The remaining 7.5 acres is planned for approximately 60 units. The City approved the project and required the Leavells to construct a laundry facility on Phase 1 which they did in 1991 and also requires the Leavells to construct a clubhouse, swimming pool and play area on Phase 2 on the northerly parcel. Thus, internal circulation, both pedestrian and vehicular, cannot be efficiently or safely accomplished with a public right-~f--way bisecting the Hunter's Glen apartment community. Tn addition to taking out the seven required parking stalls, Badley Avenue, if extended through the project, would go through that part of the development.that tivas planned for common axea and would destroy the peacefulness and security that was central to the I~roject's approval as a planned unit dcvclopnunt in 1992. The failure to provide notice to the Leavells as required by Zdaho statutes and Meridian City Ordinances renders the approvals thus far obtained by the developer of Sterling Creek illegal since Idaho courts can reverse or modify local land use decisions "... if substantial rights of the parties have been prejudiced which violate ...statutory provisions, are in excess of authority, or made upon ucllx~vfiil procedure, or are clearly erroneous or arbitrary and capricious." Pererse~r v. Frmtklin County, 130 Idaho 176, 93$ P.~d 121 (1977). ~'1'h~ for the_ Leavells request that the City Council not approve the De~elopttient A~~~reement now scheduled for considerltion on Tuesday, September 1, 1998, and return the developer's request for rezone and annexation (and any ocher adtilitLiStr.~tivC proceedings it is seeking tivhich require a hearing) to the Planning and SEP 15 '98 16 01 208 338 3290 PAGE.03 • Mayer Bah C:~rcy Members of the City Council August 28, 1998 Page ~ Zc>iiing CotiirYiission for further review in coruideration of the City's actions concerning Hunter's Glen in 1992 and the rights of the )reavells and the residents of Punter's Glen. The Leavells also request that f~~rther notices be sent to them at 2710 South Ariel Lane, Meridian, Idaho 83642. . very l<'~cd~ic V. FVS/srb cc Bill &. Lury Leavell Shari Stiles SEP 15 '98 16 01 208 338 3290 PAGE. 04 HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 CITY OF MERIDIAN Cot!ncil Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (2os) ss~ 22I I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 AMENDED NOTICE OF HEARING IN THE MATTER BEFORE THE CITY COUNCIL AND ) REFERENCED APPROPRIATE MATTERS, ZONING, ) CONDITIONAL USE PERMIT, PLAT APPROVAL, AND THE ) DEVELOPMENT AGREEMENT FOR STERLING CREEK ) SUBDIVISION. ) TO: Ronald L. Crow, Frank Stoppello, Attorney Moore or Less, Inc. Bill and Lucy Leavell Fredric V. Shoemaker, Attorney Please take notice that the City Council has received a motion on behalf of Bill and Lucy Leavell pursuant to a letter to the Mayor dated August 28, 1998, a copy of which is attached to this notice. NOTICE IS FURTHER GIVEN that pursuant to stipulation by the above parties and discussion at the October 6,1998 City Council meeting, the above matter will be heard at the Meridian City Council special meeting on October 22, 1998, at the hour of 6:30 o'clock p.m. at the Meridian City Hall, 33 East Idaho, County of Ada, State of Idaho. DATED this 8th da,~{g f ~~tober, 1998. ~,,~~~~~ rlryfri "r~, /mss •. WILLIAM G. BERG, JR., T CLERK T ~i.L __ 9 ~~M ~~ NOTICE OF HEARIiQfyQ..~~('~AT t~~ ~3~~ ~`W` ~~ Cam'"iJtlYp'i. ` . `\\~ ~ ',`~1111111iit N14't~t`~` CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 8th day of October, 1998, I mailed a true and correct copy of the foregoing AMENDED NOTICE OF HEARING, postage prepaid in the United States mail to the following: Ronald L. Crow 6937 West Parapet Court Boise, Idaho 83703 Frank Stoppello, Attorney for Ron Crow 620 W. Hays Boise, Idaho 83702 Moore or Less, Inc. 1185 Osprey Ridge P.O. Box 814 Eagle, Idaho 83616 Bill and Lucy Leavell 2720 South Ariel Lane Meridian, Idaho 83642 Frederic V. Shoemaker, Attorney for Bill and Lucy Leavell COSHO, HUMPHREY, GREENER & WELSH, P.A. Carnegie Building 815 West Washington Street Boise, Idaho 83702 NOTICE OF HEARING 2 • Mailist 8/18/97 CROW ANNEXATION REQUEST & SUBDIVISION APPLICATION PROP AYRES SCOTT LESLIE & LORI A _ BAKER SPENCER LEE AND BATALI JORENE M BELISLE ROSEMARY C_ONDON ANDREW P _ CRAWFORD ARLIS P CROSS BETTY A CROW RUTH DANBURY FAIR HOMEOWNERS DELZELL DONALD O TRUST DEVCO PROPERTIES LTD PARTNERSH DICKMAN RONALD R & CHARLOTTE M DWYER THOMAS M & GERDA M ELSTON MILO O FORT PATRICIA A FRENCH CHRISTINA JO AND GILDEROY RONALD R & LESLIE GLENCOE SYLVIA ANN GUNNERSON DANIEL M & LESLIE G HABENIGHT KURT A HIGBY CHRISTOPHER HOPKINS JUSTIN & JENNIFER HOUSER MICHAEL R HUFF ROBERT L & PAMELA S HUGHES JOHN C & DONNA L JOHNSON ELNORA L 1/2 INT AND JORDAN STEVEN M KANGAS TRACY D AND KOON DONALD & KAREN KOUBA LAMONT & LYNN KOVACHEVICH CRAIG N & CARSON THEODORE W LEATHAM STANLEY N & LAURA L LEAVELL WILLIAM D & LUCILE M LEMKE JEFF & WANDA J COSH CARL H & BETTY J LYONS HAZEL R MASON NORMAN D AND MAYHEW RICHARD E & TERRI L _ MCGREGOR JASON & TRACI 1027 E GRANDBURG CT ',1029 E 05TH ST 1133 N SHREVEPORT AVE i 1234 N SHREVEPORT AVE !,992 E CROSSBILL CT _ 956 E WENTWORTH ST 1308 N SHREVEPORT AVE ;8921 SUNFLOWER CT P O BOX 190446 .3040 DUANE DR PO BOX 1228 j 1116E 05TH '! 1093 E CROSSBILL CT ;1054 E CROSSBILL CT 1047 N MAPLE CREEK AVE 997 E CROSSBILL CT X996 E ASHFORD ST 1029 N MAPLE CREEK AVE 1931 E WINSLOW ST ;1132 N MAPLE CREEK AVE ! 1229 N SHREVEPORT AVE ~ 1046 E GRANDBURG CT X890 E WENTWORTH ST 1178 N SHREVEPORT AVE '928 E WENTWORTH ST 8306 W STATE ST 1033 E CROSSBILL CT 1028 E GRANDBURG CT 995 N MAPLE CREEK AVE 3875 E USTICK RD 1069 E CROSSBILL CT 2909 GROVER ST 991 E CROSSBILL CT 2484 SUNSHINE DR 1285 N SHREVEPORT AVE 1030E 05TH ST 1088 E CROSSBILL CT 864 E ASHFORD ST 513 E CARLTON AVE 958 E ASHFORD ST ~~-u MERIDIAN ID 83642-4044 MERIDIAN ID 83642 _ MERIDIAN ID 83642-4047 !MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4045 jMERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 BOISE ID 83704-6948 jBOISE ID 83719 (MERIDIAN ID 83642-5831 BOISE ID 83701-1228 MERIDIAN ID 83642 ,MERIDIAN ID 83642-4017 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-4045 MERIDIAN ID 83642-4052 MERIDIAN ID 83642 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4053 'MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4044 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4046 BOISE ID 83703-6070 MERIDIAN ID 83642-4017 MERIDIAN ID 83642 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-5653 MERIDIAN ID 83642-4017 BOISE ID 83705-1623 MERIDIAN ID 83642-4045 BOISE ID 83712-7557 MERIDIAN ID 83642-4047 MERIDIAN ID 83642 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-2362 MERIDIAN ID 83642 Page 1 of 2 . Mailist ~ 8/18/97 M_ETZGER SHELLEY MILLER RUSSELL S & GINA S _MORGAN SCOTT W & JODI _MORGAN SHERRY A AND _ MUG_ELE NICHOLAS F NELSON RYAN X & JILL A ___ OLMEDA ANGEL JR & ELLY OVERTON NORA B RANGE BRENT K & LISA R RICE DOROTHY G RICH H L RU_MSEY CLIFFJOHN & TRACT _RUSH KAREN S SMITH BARBARA A SMITH LENORA M SNODGRASS MICHAEL D & ANGELA D STEVENSON DAVID A STEWART DIANA STOPPELLO ANTHONY L STUTZMAN DARLENE Y THOMAS CHARLES L & ANGELLA L THOMASSON DAVID C & BRENDA D THORNTON SCOTT J & DENICE TRAMPE LAUREN W AND TURNER JARED P & KRISTINE A VALLETTA LOUIS A 'VANG CHER C & KA MOUA WATKINS TERRY B & C LYNN WELDON EVERETT E & S_HERRI L WHEELER KATHY J WHITNEY CLAYNE F AND WOOD WILLIAM ALLAN & MINDY J YOUNG BRIAN & MELISSA M YOUNG RICK L .899 E WINSLOW ST 1963 E WINSLOW ST 1020 E CROSSBILL CT .1010 N MAPLE CREEK AVE ' 1092 CATHY LN 1966 E WINSLOW ST '.1146 N SHREVEPORT AVE ':532 E STATE AVE ' 1069 N MAPLE CREEK AVE 512 E STATE AVE 1512 E CARLTON AVE 912 E ASHFORD ST '888 E ASHFORD ST 11124 CATHY LN _ 1165 N SHREVEPORT AVE 1341 N SHREVEPORT AVE ' 1151 N MAPLE CREEK AVE 1062 CATHY LN ;20762 GRAVELLY LN '.,1154 CATHY LN !.1117 N MAPLE CREEK AVE 1115E 05TH ST 1284 S ASHLEE PL :1101 N SHREVEPORT AVE 1251 N SHREVEPORT AVE 1210 N SHREVEPORT AVE !.1272 N SHREVEPORT AVE ',1143 N MAPLE CREEK AVE ,923 E ASHFORD ST i 957 E WENTWORTH ST 1524 E STATE AVE ;1401 N STONEHENGE WAY 1197 N SHREVEPORT AVE 1042 CATHY LN MERIDIAN ID 83642-4048 '.MERIDIAN ID 83642-4049 iMERIDIAN ID 83642-4016 (MERIDIAN ID 83642-4053 (MERIDIAN ID 83642-2366 (MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4047 !MERIDIAN ID 83642-2353 (MERIDIAN ID 83642 ;MERIDIAN ID 83642-2353 !MERIDIAN ID 83642-2363 !MERIDIAN ID 83642-4052 !MERIDIAN ID 83642-4052 (MERIDIAN ID 83642-2368 ;MERIDIAN ID 83642-4047 :MERIDIAN ID 83642-4047 (MERIDIAN ID 83642-4053 '.MERIDIAN ID 83642-2366 .WILDER ID 83676-5344 MERIDIAN ID 83642-2368 .MERIDIAN ID 83642 _ !MERIDIAN ID 83642 jMERIDIAN ID 83642 'MERIDIAN ID 83642-4047 (MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-2353 MERIDIAN ID 83642-4011 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-2366 Page 2 of 2 E~n3~ m ~ LL y aCL gcW Y CC O ~ .~ ~ ~ j C m A ~~ ` • a ~ aEm E ld ~ ¢ H ~ m Ecam$_ m ~ ~ W ' ~ ~~•~ r -~ m~m =cm ` N ~ Q ON ~' ~ m 9 ~ C N~xN~ V ` • ~ ~ ~ O ~ ~ ~ A ~ m ~ ~ g •m'o m ~ 2LL _ ~ ~ E W m a $ ~ L~Q Rf ~~m,3.•'O10 a0 v y ma ~~ ~ ~ Xj cN ~ ~5Q2~ ~ c ~ `~ o E m0 U U m~~. ~i •m x~~ o ~_ y~gE~E ¢c~'im a ~ ~ Eo vi ~25._ m_ m _~ ~~ ~ E m rod $&~~~~~ p c; - ~ m.. ~=Ti ' ~~ ~~ U C _C ~ ~ ~~ ~~~ m ~ ~ my $r~cN~ E ~ `~ a ~ ~.w c ~o ~ C » ¢ ` ~ y y j ~~t I y ~.r l.r G N O ~= a O C rN O ~ 3ya ~~~' Dam a , ~ i '•,'Y y 3 3 c .~ . ~ t0 ~ ~o ~~o~ e Dr m •~¢^^ r SU -a~E~U~ ~ .A m ~ 8~~ $m~ ~ _ mp Qy • m m LL i ~ _ d ~ ~ ~ S ro v ~ ~ N ~ lC) ~ i m •'•1 ~~¢ ~' c N N N N M O f ¢ o c ~ j n• ~' l~ M ~!' d' CO ~ f ~^ m O O M N l0 N N N M A W °y 8i M A 00 l0 ~ eM ~ C' O H N C Z n `• y~ ~ A A H N l0 R3 'cY' CO M O l0 M l0 M tC) M A er S ~ < m 'o, ~~ t N y H O m H H C ~• H M O CO CO H ro _ M m ~ s¢ ~ U U ~ ro M A .,..~ QO ~ E ~® H C o ~ •~ ao C A H A A A ~ '~ o c m ro ro ''~ H H H H • O ~' ' M A ~ ~ .~ ~ 1 ¢ R7 'LS ~ 3-1 H ' 'Z3 C ro C ~ C Z3 O 2 'a m •r•1 •rl r-1 ~ -r1 ro •r•I ro ro ro •rl '~' ~" ••• i-1 A E ~ •-a •~ E ~ ~ •~ r0 ?~ •~ •~ •rI ~•1 ro m o a~ H ro v a~ z3 ro a~ b 3 •~ ~ b ~ ~ a~ a~ •~ a F E ~ E ~ •~ N •~ E •.i O ~ O •~ •~ ~ •'•I E ' b a° N .~ ro 3-I b Sa .~ O ~ S-I i-1 N Sa ,~ u .,~ m •o ~ UI ro 1.1 N N ~ •'•I .~ N ~ ~ d1 N N r-I N ~ W f-1 m ~ U •~ NU i-7 N f-I U E ro ~E E SE roU x N E N - ~ o a x +~ ~ a~ ~ a~ c~ -.~ rn a~ ~ o ~ m U.~ as ~ a~~ Er~ ~~ r+ ~ ~ U~ .,~ E~ ~~ a~ ~ O ao m N .A to t11 ~ •,~ U O N ro A ''~ f-i G •,~ b i-t 3 ~ 3 .q C O ro D,~ ~ .~cn ~ roA ~~ ro~ >,3 m G~ OO U~ NO •~O •~m ~U tr~a ~+roA ' ~ Urn ros~ av~ a-~ z~a~ ~ ~nrn oo H~ roo a+.-+ ~~ bm a,~ ~ Fa ' O H ~ ¢ ro O ~1 U m .~ ~~ +~ ,~ ~ O m W .-+ ~ W N vi m O O ~ E m N H ° ~ ~ D ots O ott u1 ro ,C N +~ O 3-I ro .L." oES ~ H .~ ~..~ C ~ G ~-] ~ Oro .~ m = ~ ~ O U O O Fa ~ 3 cA W ~n >rU E v1 ro m E•,~ •~ U ~ E to+~ a~ ~ +~ ro E ~ ~ ~ ~U E ~ a ~ 'a U w ~ 3 r+ 3 w ro ~ o0 0 t1~ •r-I z W O U ~-+ ro~ ws Z ats W W G 3-i >r r••1 W I Z ~-•+ U ; a rob ~ b OW •,~ rI roW roW ~W ~W NW T ~ , O am 7r W •rl •r•I C1\ O C1\ ~ .--I ~t• W ~A ~ O ~ CO E ~ O ~ VI ~ O ~.I O ,C; N ~ 8 IJ ~•I rolfl NO roT .•-•ICO WCO }.~M NCO 3-ItY' UM U1 CO NOl UIM ON Nr i UOIZ> ri M ~ I.1 O ,~ CS1 ~ C11 •'•I d' ~ N ro O ro O O ~ •rl ~ ro 111 ,~ 01 ~ ~ U O ,~ O •'•I O ;o .~ ME Ue- E-+N C/~Ci1 3N r']~. 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[~ -J N ~ ~ C C s >~ ~ ~ > N ~ a .~ ' { . .I ~.. , c~~ o ~p m o p ' i m ~ ~ D ~ ~ ~ c r O F ~ .. ~ O ~ q ~ 'r 7 ~ W U2~f 1 .. ~ ~ STERLING CREEK SUBDIVISION PROPERTY OWNERS WITHIN 300' JOHNSON ELNORA L 1/2 INT AND JOHNSON ELNORA L TRUSTEE 1/2 8306 W STATE ST BOISE ID 83703-6070 1005 E FAIRVIEW AVE GENTRY ALLEN ET UX 1800 LARCH ST BOISE ID 83706 E FAIRVIEW AVE ~ LEAVELL WILLIAM D & LUCILE M 1312E 05TH MERIDIAN ID 83642 E FAIRVIEW AVE 1304E 5TH ST KOUBA LAMONT & LYNN 3875 E USTICK RD MERIDIAN ID 83642-5653 835 E FAIRVIEW AVE CROW RONAL 6937 PARAP CRT BOISE 3703 EF WAVE ASHINGTON AVE GONDOLA ANDREW P 992 E CROSSBILL CT MERIDIAN ID 83642-4045 MORGAN SCOTT W & JODI 1020 E CROSSBILL CT MERIDIAN ID 83642-4016 ELSTON MILD O 4378 E VIEW RIDGE DR MERIDIAN ID 83642 1054 E CROSSBILL CRT LYONS HAZEL R 1088 E CROSSBILL CT MERIDIAN ID 83642-4016 1088 E CROSSBILL CRT ~Qw li~'~ as ~0-2 2 - IS ~- C o~s.~~ja.~. i S~s'yc. o-~~. DANBURY FAIR HOMEOWNERS' ASSOCIATION INC PO BOX 190446 BOISE ID 83719-0446 E CROSSBILL CRT E ASHFORD ST LEATHAM STANLEY N & LAURA L 991 E CROSSBILL CT MERIDIAN ID 83642-4045 STRAIN ESTHER L 1069 E CROSSBILL CT MERIDIAN ID 83642-4017 DWYER THOMAS M & GERDA M 1093 E CROSSBILL CT MERIDIAN ID 83642-4017 JORDAN STEVEN M 1033 E CROSSBILL CT MERIDIAN ID 83642-4017 FRENCH CHRISTINA JO AND WHITE CARMEN & RALPH GARY 997 E CROSSBILL CT MERIDIAN ID 83642-4045 YOUNG STAGY 8c CHAD 956 E WENTWORTH ST MERIDIAN ID 83642-4046 WOOD WILLIAM ALLAN & MILADY J 1401 N STONEHENGE WAY MERIDIAN ID 83642-4011 HUGHES JOHN C & DONNA L 928 E WENTWORTH ST MERIDIAN ID 83642-4046 SNODGRASS MICHAEL D & ANGELA D 1341 N SHREVEPORT AVE MERIDIAN ID 83642-4047 HOUSER MICHAEL R 890 E WENTWORTH ST MERIDIAN ID 83642-4046 ACKLEY JEFF S & VALERIE S 993 E WENTWORTH ST MERIDIAN ID 83642-4046 WHEELER KATHY J 957 E WENTWORTH ST MERIDIAN ID 83642-4046 CROSS BETTY A 1308 N SHREVEPORT AVE MERIDIAN ID 83642-4047 DEGRANGE KATHERINE L 1317 N SHREVEPORT AVE MERIDIAN ID 83642-4047 LEMKE JEFF & WANDA J 1285 N SHREVEPORT AVE MERIDIAN ID 83642-4047 HOPKINS JUSTIN & JENNIFER 1046 E GRANDBURG CT MERIDIAN ID 83642-4044 VANG CHER C & KA MOUA 1272 N SHREVEPORT AVE MERIDIAN ID 83642-4047 TURNER JARED P & KRISTINE A 1251 N SHREVEPORT AVE MERIDIAN ID 83642-4047 -1 U BELISLE ROSEMARY 1234 N SHREVEPORT AVE MERIDIAN ID 83642-4047 KANGAS TRACY D AND MCMAHAN BRIAN S 1028 E GRANDBURG CT MERIDIAN ID 83642 HIGBY CHRISTOPHER 1229 N SHREVEPORT AVE MERIDIAN ID 83642-4047 OLSON CHRISTOPHER D & DARLENE L 1210 N SHREVEPORT AVE MERIDIAN ID 83642-4047 AYRES SCOTT LESLIE & LORI A 1027 E GRANDBURG CT MERIDIAN ID 83642-4044 YOUNG BRIAN & MELISSA M 1197 N SHREVEPORT AVE MERIDIAN ID 83642-4047 DEVCO PROPERTIES LTD PARTNERSH PO BOX 1228 BOISE ID 83701-1228 510E 05TH ST ROCKWOOD PROPERTIES ID ORE LTD PO BOX 230 SALEM OR 97308-0230 1222E 04TH ST HUFF ROBERT L & PAMELA S 1178 N SHREVEPORT AVE MERIDIAN ID 83642-4047 SMITH LENORA M 1165 N SHREVEPORT AVE MERIDIAN ID 83642-4047 i • NELSON RYAN X & JILL A RUSH KAREN S 966 E WINSLOW ST 888 E ASHFORD ST MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4052 OLMEDA ANGEL JR & ELLY MASON NORMAN D AND 1146 N SHREVEPORT AVE PARMENTER LORI A MERIDIAN ID 83642-4047 864 E ASHFORD ST MERIDIAN ID 83642 DEVCO PROPERTIES LTD PARTNERSH PO BOX 1228 DANBURY FAIR HOMEOWNER'S BOISE ID 83701-1228 ASSOCIATION INC E WASHINGTON AVE BAKER DENNIS M 250 S BEECHWOOD #120 WIEDMEIER JORENE & KIRK BOISE ID 83709 1133 N SHREVEPORT AVE E ASHFORD ST MERIDIAN ID 83642-4047 STUTZMAN D'ARLENE Y FASTABEND GREGORY E & 1154 CATHY LN FASTABEND JESSICA J MERIDIAN ID 83642-5906 1101 N SHREVEPORT AVE ESTATE AVE MERIDIAN ID 83642-4047 1154 CATHY LN DAVIDSON DANIAL L & BETH R STUTZMAN D'ARLENE Y 999 E WINSLOW ST 1960 E FRANKLIN RD MERIDIAN ID 83642-4049 MERIDIAN ID 83642-5906 1184 N CATHY LANE ARASIM JAMES K & CLAIRE M 963 E WINSLOW ST STOPPELLO ANTHONY L MERIDIAN ID 83642-4049 20762 GRAVELLY LN WILDER ID 83676-5344 GUNNERSON DANIEL M & LESLIE G 509 E WASHINGTON ST 931 E WINSLOW ST MERIDIAN ID 83642-4049 CARSON THEODORE W 2909 GROVER ST METZGER SHELLEY BOISE ID 83705-1623 899 E WINSLOW ST 1131E 05TH ST MERIDIAN ID 83642-4048 COPENHAVER DAN MCGREGOR JASON & TRACI 435 E WASHINGTON AVE 958 E ASHFORD ST MERIDIAN ID 83642-1730 MERIDIAN ID 83642 STEVENSON DAVID A RUMSEY CLIFFJOHN & TRACI 1151 N MAPLE CREEK AVE 912 E ASHFORD ST MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4052 • WATKINS TERRY B & C LYNN MORGAN SHERRY A AND 1143 N MAPLE CREEK AVE MORGAN DANIEL B & PEGGY MERIDIAN ID 83642-4053 1110 N MAPLE CREEK AVE MERIDIAN ID 83642-4053 GILDEROY RONALD R & LESLIE 996 E ASHFORD ST MUGELE NICHOLAS F MERIDIAN ID 83642-4052 1092 CATHY LN MERIDIAN ID 83642-2366 RICH H L 512 E CARLTON AVE GREEN JUDITH A MERIDIAN ID 83642-2363 1089 N CRESTLEY AVE MERIDIAN ID 83642-4056 DICKMAN RONALD R & CHARLOTTE M 1116E 05TH OVERTON NORA B MERIDIAN ID 83642 532 E STATE AVE MERIDIAN ID 83642-2353 THOMASSON DAVID C & BRENDA D E CARLTON AVE 1115E 05TH ST 532 E STATE AVE MERIDIAN ID 83642 KOON DONALD & KAREN TRUST ANDERSON GORDON W & KOON D & K CO-TRUSTEES ANDERSON ELSAE 1095 N MAPLE CREEK AVE 428 E CARLTON AVE MERIDIAN ID 83642-4053 MERIDIAN ID 83642-2327 MAYHEW RICHARD E & TERRI L HABENICHT KURT A 513 E CARLTON AVE 1132 N MAPLE CREEK AVE MERIDIAN ID 83642-2362 MERIDIAN ID 83642-4053 LOSH CARL H & BETTY J WELDON EVERETT E & SHERRI L 1030E 05TH ST 923 E ASHFORD ST MERIDIAN ID 83642 MERIDIAN ID 83642-4052 BAKER SPENCER LEE AND SMITH BARBARA A BAKER JASON EMERY 1124 CATHY LN 1029E 05TH ST MERIDIAN ID 83642-2368 MERIDIAN ID 83642 THOMAS ANGELLA L PLACKETT EARL D ET UX 4758 N LANCER AVE 427 E CARLTON AVE BOISE ID 83713 MERIDIAN ID 83642-2326 1117 N MAPLE CREEK AVE STEWART DIANA 1062 CATHY LN MERIDIAN ID 83642-2366 YOUNG RICK L 1042 CATHY LN MERIDIAN ID 83642-2366 WHITNEY CLAYNE F AND WHITNEY LOIS M 524 E STATE AVE MERIDIAN ID 83642-2353 RICE DOROTHY G 512 E STATE AVE MERIDIAN ID 83642-2353 TROMBURG J R & B REV LVNG TRST DELZELL DONALD O REV LVNG TRST TROMBURG/DELZELL TRUSTEES 3040 DUANE DR MERIDIAN ID 83642-5831 502 E STATE ST DODGE DOUGLAS O & SUSAN R 438 E STATE ST MERIDIAN ID 83642 • • ~i~ • • • i Meridian City Council ~, a December 16, 1997 Page 13 Come: Motion made and second that we adopt the findings of fact and conclusions of law adopted by the Planning and Zoning Commission, roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree Yea, Tolsma Yea, MOTION CARRIED: All Yea Corrie: Motion for the decision? Morrow. Mr. Mayor, I move that the City Council of the City of Meridian approve the annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. Rountree: Second Corrie: Motion is made and second on the decision and recommendation as read, any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that we instruct the City Attorney to prepare an annexation ordinance. Rountree: Second Currie: Motion is made and second that we have the City Attorney prepare an annexation ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Corrie: I will open the public hearing. Gary Lee, 250 South Beachwood, Boise, was sworn by the City Attorney. Lee: I would just like #o state and reaffirm the testimony I had given in the p; evious item on the agenda. And again would entertain any questions the Council may have concerning the preliminary plat. Meridian City Council y December 16, 1997 Page 14 Morrow: I have no questions of Gary, but I do of Gary Smith. Rountree: You indicated on the preliminary plat an 8 foot planting strip between you and Danbury or the Catherine Park Subdivision. Is that a buffer or landscaping strip what are you proposing to do there? Lee: It is just there for a separation for vehicle traffic more than anything else with the exception of a strip on the south end that the Fire Department thought would be necessary for emergency vehicle access. Rountree: So are we talking evergreen trees? Lee: Probably evergreen low growing shrubs, low maintenance. Corrie: Anyone else from the public that would like to issue testimony on the preliminary plat. Morrow. Question of Gary, your feelings about the proposal by Mr. Lee where the access to Five Mile is dropped? Smith: I guess I don't have any strong feelings that this should be required along East Washington with the access at Badley and at Pine Avenue. Corrie: At this time I will close the public hearing, Council discussion? Morrow. Mr. Mayor as a point of discussion I am in favor of dropping the access requirement. It is clearly something that we as a City of Meridian don't want to own. If I understood Mr. Lee right that means you can apply for a vacation and it becomes private property in which case 1 think that makes the most sense. Rountree: I concur Morrow. Mr. Mayor, I would move that we approve the preliminary plat for Elvira Subdivision including the deletion of the requirement for the public access along Washington Avenue. Rountree: Second Corrie: Motion made and seconded that we accept the preliminary plat with the conditions as set forth in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council December 16, 1997 Page 10 Rountree: Well I agree with the concept that a 1 /3 is probably the right number. I am not sure that we add to Planning and Zoning that we make that a fact.. Maybe we need to look at the membership of Planning and Zoning. And that may change relatively soon anyway. Morrow. The other thing is Planning and Zoning is set within a specific ordinance. So ' part of the thing there is I can ask the Council what is wrong with having in that position with five members and having this ordinance address the 1/3. Crookston: I think that would be fine but we need to reference in this ordinance that the Planning and Zoning Commission shall not be bound by this ordinance. Morrow. With respect to its membership. Rountree: 1 would prefer that approach. Morrow. That being the case Mr. Mayor I think that it is appropriate to table this until January 6 with a presentation of that prototype at our December 23rd workshop meeting. Rountree: Second Corrie: Motion made and second that we table to January 6 meeting item #5, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Corrie: At this time I will open the public hearing. Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: This particular project there are three public hearings this evenings and they are all related. There is an annexation rezone request, there is a preliminary for Elvira Subdivision and there is a conditional use permit request for allowing some townhouse projects within the development. What I would like to do is make my presentation brief and include the three items and possibly I could reaffirm on each public hearing if that would be suitable to the Council. This parcel is approximately 11 acres, it is situated just west of Danbury Subdivision, it sits south of Fairview about 600 feet below the commercial designated areas where Rountree West sits now. It is adjacent to some apartment units on the west side. It is currently in the county it is kind of an in fill project Meridian City Council . December 16, 1997 Page 11 if you will, it is zoned RT right now. It is bordered by commercial general on the north, R-15 zoning on the west and R-8 zoning on the south. It is surrounded by high density and commercial areas. The proposal we have presented and prepared is for a single family residential development. We intend to include 33 standard single family lots that would comply with the City's R-8 zone. There will be an additional 8 townhouse unit lots down along the SW comer of the property for a total of 41 living units in that 11 acres. The density is relatively low it is about 3.8 units per acre. Part of that is because the Five Mile Creek that traverses through the party from the south side to the north side. The property is serviceable by the City, there is a sewer trunk main that bisects the property in a north south access along what we call Cathy Street. There is also a large trunk line that bisects the property west east in the hammerhead culdesac on Inez Place. The water is available on Washington and on Cathy Lane. Right now Cathy Lane is a private street within a development on the south side. I noticed in the latest packet that 1 received from the City I believe it was in the annexation package there are draft comments from ACRD. I don't know if you have had a chance to review those. There has been an issue that has come up since that draft copy was published. Right now I have been in discussion with Karen Gallagher at ACHD about the status of an existing public right of way. It is known as E. Washington Avenue, if you look on my site plan there it is on the south side of the development where Washington Avenue would be extended. In our proposal to the City we were going to leave that public right of way there for future pedestrian access to gain access to the Five Mile Creek pathway that is called there. Apparently, I don't know if the City Clerk had distributed the letter I sent over to Shari Stiles concerning their concerns. In a nut shell they don't want to leave _ public right of way unless there is going to be road improvements. IN this particular case it would just be a pedestrian access and they don't feel comfortable with owning that property without having roadways on it. So she suggested to us that we do one of two things, either vacate the right of way in which case it would go back to the owner of Catherine subdivision or they could deed it to the City of Meridian for public beneficial use. I guess that is a way they are looking at working with them and the Idaho Code with regard to vacation of public right of way. They couldn't directly deed the property to a homeowners association or any particular individual other than the previous owner of Catherine Place Subdivision. So for us to keep that as a public pedestrian access we would have to go through the City to do it. So that raises some questions in our mind whether or not that access point is something the City would really like to see for that future Five Mile Creek. As you see on our preliminary, there is a crossing where Badley Avenue will cross Five Mile Creek that could provide pedestrian access to the pathway. Of course Fairview crosses Five Mile which gives another point of access, Pine Street crosses Five Mile Creek. So within a'/ mile you have 3 points of access. Do you really need the fourth one. I guess that would be the question we would pose to the City Council when they make their final decision if we want to proceed along those lines. We have reviewed City staff and from the most part concur with what they have said. There are a few issues in the design elements that we will need to discuss with them to come to terms with. We will be ;providing pressure irrigation on the subdivision. I spc-ke to John Anderson at Nampa Meridian and he is agreeable to us looking at the possibility of tying to the Danbury pressure irrigation system. We will probably have to do some Meridian City Council . December 16, 1997 Page 12 upgrades on the pumping facility to make that happen. If Council has any questions I would be glad to answer those now or after public input whichever is your pleasure. Corrie: Staff any questions'at this point? Thank you Gary. Is there anyone else from the public that would like to issue testimony at this time? Steven Jordan, 1033 Crossbill Court, Meridian, was svuorn by the City Attorney. Jordan: I just wanted to express my concern on the Elvira Subdivision particularly as it applies to the town homes. A large number of my neighbors and myself are concerned (End of Tape) (Discussion Inaudible) Lee: (Inaudible) sanitary sewer, that would be designated pedestrian pathway not vehicular pathway. The other point of access that I am aware of is there is a common lot you can't really see it on the drawings but there is a common lot adjacent to Danbury and Elvira right in the neighborhood of where they had a storm drainage easement lot. There is a potential for pedestrian access there as well but not vehicular. ACRD in their review the street systems that will be providing vehicular access which is Washington Avenue and would eventually be Badley Avenue in the future they had no concern with the traffic overload in the immediate neighbofiood. As far as values, I really can't speak to that other than to say that both of these developments Elvira and Danbury are zoned or would be zoned R-8 and similar size lots. Corrie: Any further comments or questions? Rountree: I have a question for Dean or Gary, are the comments received from JUB on this consistent and responsive to the comments that you provided? Smith: Yes Councilman they are. Bentley: Question for Gary, our sewer capacity in the area is great enough to handle Smith: Yes Cowie: Counselor, any substantial change in the testimony? Crookston: No Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Tolsma: Second ' Meridian City Council • December 16, 1997 Page 13 Come: Motion made and second that we adopt the findings of fact and conclusions of law adopted by the Planning and Zoning Commission, roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree Yea, Tolsma Yea, MOTION CARRIED: All Yea Corrie: Motion for the decision? Morrow. Mr. Mayor, 1 move that the City Council of the City of Meridian approve the annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. Rountree: Second Corrie: Motion is made and second on the decision and recommendation as read, any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare an annexation ordinance. Rountree: Second Corrie: Motion is made and second that we have the City Attomey prepare an annexation ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Corrie: 1 will open the public hearing. Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: I would just like to state and reaffirm the testimony I had given in the previous item on the agenda. And again would entertain any questions the Council may have concerning the preliminary plat. Meridian City Council December 16, 1997 Page 15 ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOT5 PLUS 8 TOWNHOUSE LOTS BY RON CROW 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION N0.4: Cowie: At this time I will open the public hearing and invite the engineer up one more time. Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: Again I would like to reaffirm my previous testimony on item #6 annexation and rezone. I would also like to point out that the purpose for the conditional use permit was for a planned unit development. Which allows some flexibility in the lot sizes to accommodate the town house facilities. That really applies to those 8 lots down at the southwest corner of the property. If you have any further questions I would be willing to entertain those. Cowie: Any questions of Mr. Lee? Thank you Gary. Anyone else from the public who would like to issue testimony on this conditional use permit? Morrow. Mr. Mayor, I don't have any problem with the conditional use permit and vuould be prepared to offer a motion to adopt the findings of fact and conclusions of law as prepared for us by P & Z. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree on the approval of the findings of fact and conclusions of law on the conditional use permit, any further discussion? All those in favor? Opposed? . ROLL CALL VOTE: Morrow Yea, Bentley Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea Cowie: I will entertain a motion on the decision. Morrow. Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the life safety code, the uniform fire code, parking requirements and paving and landscaping requirements and all ordinances of the City o{ Meridian. The conditional use should be subject to mview upon notice to the applicant by the city of Meridian. Meridian City Council December 16, 1997 Page 16 Rountree: Second Cowie: Motion made and seconded that we accept-the decision and.recommendation as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY RAFANELLI & NAHAS - MERIDIAN ROAD AND CENTRAL VALLEY DRIVE. Corrie: I will open the public hearing. Lonnie Fox, Hubble Engineering 9550 Bethel Court, Boise, was sworn by the City Attorney. Fox: Not much here to add, you have a copy of my letter answering the P & Z questions. I think it solved or answered all of the items there. I would answer any questions that you had. Corrie: Any questions? Is there anyone else from the public that would like to testify on this? I will close the public hearing at this time. Council any questions you might have. Bentley: Gary or Dean have all of the conditions been answered to your satisfaction? Smith: Yes they have responded. Cowie: I will entertain a motion for the preliminary plat. Morrow: Mr. Mayor I would move that we approve the preliminary plat for Central Valley Corporate Park No. 6 subdivision. Tolsma: Second Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma that we accept the request for preliminary plat, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: HOME DEPOT/WAREMART SITE PLAN REVIEW: Con-ie: Is there a representative from Waremart here tonight? Lacuma: My name is Mike Lacuma, I am with (Inaudible) we are the architects of the Home Depot, we are working in conjunction with Waremart to provide these two MERIDIAN CITY COUNCIL MEETING: DECEMB R 16 1897 APPLICANT: RON CROW ITEM NUMBER: 6 ~ T REQUEST• PUBLIC HEAR~IIG• ANf1„~x0~70N20NING/PRELIMINARY PLAT FOR ELVIRA SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DfSTRICT: MERIDIAN POST OFFICE: COMMENTS P b Z MINUTES FOR 10-14-87 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDING8 OF FACT AND CONCLUSIONS OF LA1M "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS G (N v .~~ i ~ ~~,~' ~,I ~ ~ a ~ ~~ v ~~ ~~~, Y ~,~~ ~~~ ~' ~ ~' ~%~~~ ~Vv yvv OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zo~ Commission . October 14, 1997 Page 49 Johnson: We have a motion and a second to continue the public hearing for a conditional use permit for Mr. Tom Bevan to November 12~' our next regularly scheduled meeting. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION N0. 4: Johnson: At this time I will open the public hearing and ask that the representative for Mr. Crow address the Commission at this time. Gary Lee, JUB 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: The applications before you this evening I will lump all of my testimony in the first public hearing and reaffirm it later if that is okay with the Commission. Johnson: Sounds good to me. Lee: There are three parts to the applications. The first being the annexation and rezone request. The request is for an R-8 zoning residential. The second part of the public hearing is a preliminary plat for residential subdivision. And the third part is a conditional use permit to allow a planned unit development for this development. The Elvira Subdivision consists of 33 single family residential lots. The range in size between 6500 and 14,000 square feet. The development also include 8 townhouse lots ranging in size from about 3400 square feet to 5500 square feet. There will be 6 common lots scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet. West of Danbury Fair Subdivision and it is situated in a portion of Section 7, T.3N. R.1 E. The applicant is Ron Crow, the current property owner is his mother Ruth Crow. As I stated before the intended use for this particular development is residential. Cun-ently the property is zoned RT and it is situated in Ada County. It is surrounded by City zones. Again the request is for R-8, there is some commercial general lying just to the north of this particular project. There is R-8 development to the east, there is some R-15, an apartment complex just to the west side and some additional R-8 to the South there. It does abut City limits, it will be provided with access through Washington Avenue on the west boundary. There will also be a stub street towards the north end called Badley Avenue and will eventually connect to the existing Badley Street existing to the west. It will be served by water and sewer which is available adjacent to this site. There is a sewer trunk can-ently situated along Cathy Street running north south. It also ties into sewer lines along Five Mile Creek. The Five Mile Creek shown on the exhibit on the easel traverses through the property and it is a designated area for future pathways. (End c,f Tape) pathway from our development in a couple of different locations. The one on the north is where Badley will Meridian Planning & Zor~ Commission October 14, 1997 Page 50 cross Five Mile Creek. At that point there is connection with the future pathway. In addition there is a piece of right of way along the south portion of the property which I assume is called Washington street on that development just immediately south of us that will provide some public access to the Five Mile Creek pathway as well. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be update or either replaced depending on the integrity to allow for some pedestrian access. To the east side which is Danbury Fair Subdivision there is a couple of connection points for pedestrian pathways. One of them is the SE corner of our project which can connect and one on the northeast comer of our project. Right now it is a sanitary sewer easement which can (inaudible) sometime in that future. City services are available, water, sewer. We have met with Ada County Highway District and reviewed the street designs and they are favorable in this particular concept. I have reviewed the City Staffs comments. I really have no concerns on any of the comments. I just wanted to make a point known on their first site specific comment about the location of sanitary sewer. This is kind of a detailed item but there is like I stated before an existing sewer line along Cathy Street that we will have to accommodate in our location. The typical corridor (inaudible) west side of centerline but in this case it is going to have to be on the east because of its present location. We can probably work that detail out with the City Engineer. The conditional use permit portion as stated before was for a planned unit development and the reason we requested that after reviewing with Shari Stiles is to allow the 8 townhouse units that are situated along the southwest side of the property. The idea there, give me just a moment. This particular rendering was prepared just to give you an idea on what could be placed on those townhouse units. They are fairly narrow complex. This particular one that you are looking at it is a 2 story. Although the developer owner thought it would be best to leave it up to potential buyers to build either 2 storys or single story or a (inaudible) depending on what his market would be. These particular lots are fairly deep so it allows some pretty good flexibility on what can be done in there and the (inaudible). We have allowed enough width in there 1 think they are 28'/ feet wide on the average through there. That would be ample room for a duplex unit. If there are any questions I would be glad to address those at this point. Johnson: Questions from the Commission? Borup: Mr. Chairman, could you address staffs comment on Carlton Avenue? As far as setback if Carlton was extended (inaudible) Lot 2 of the townhouse area. Lee: Are you speaking of the Ada County Highway District special recommendation. That came up during the tech review. The feeling was that Carlton may or may not extend. We don't know what the condition of the property to the south is or will be in the future. Although there would be room to put a turn around in there we did look at a conceptual layout for that parcel and possibly 2 or 3 lots. As far as the setback on that last unit we would like to see that, if that is going to be imposed, I am not sure it will be. That it be setback from a turnaround .n lieu of going all the way through Cathy Lane which is private. Meridian Planning & Zor~j Commission '~ October 14, 1997 Page 51 Borup: It is a turnaround at what point before it gets to the project you mean. Lee: Right there at the end of Carlton where that is the west boundary, that is where the right of way ends now. Borup: And I did find the comment it was from ACRD. Lee: It was one of their special recommendations. Borup: My copy has a pencil change. (Inaudible) Lee: We didn't know what that property was going to do if it does anything. It wasn't required from ACHD's standpoint to extend Carlton. Borup: Did you receive a copy of David Stevenson's comments? That is an adjoining homeowner. He would like to see the area become a City Park. You had mentioned somewhat of a greenbelt area through there but I don't think you expanded on too much and what your plans were for that for Five Mile Creek. Lee: The Five Mile Creek we are not planning on constructing in the greenbelt. It is a designated pathway that the City of Meridian has dedicated in their pathway plan (inaudible) we will grant the easement for that. Borup: How about the bridge, the flat bridge (Inaudible) is that the same one that you are showing on the crossing there? Lee: Yes it is, we would enhance that if it is to a structural condition that can be, add hand rails that sort of thing. Borup: Do you know what condition that is in? Is that supported on footings? Lee: I don't know if it is for sure, it has been there for quite a while. Borup: I have some comments here, at least the resident thought that was pretty sound structure. I just wondered if it is was on any footings. Lee: It doesn't appear to be in that photograph, I didn't like I said analyze it myself. Smith: It looks like where the townhouses are proposed just how the adjacent parcel has been developed it seems like it would be more appropriate to have single family lots there again. It looks like I laid out four lots 75 feet wide, 124 feet deep that wasn't taking into account any setbacks on Washington or extending Carlton Avenue. I do recognize Meridian Planning & Zo~j Commission October 14, 1997 Page 52 that there is an adjacent apartment complex but this, the location of the townhouses seems like we are plunking this use right in the middle of other single family homes. A more appropriate location for what I would consider, it would still be in the R-8 but it is more of a transitional kind of residential occupancy would be to have town homes in this Block 2 between Cathy Street and apartment complex. I guess and I don't want to make assumptions but if I had to it looks like maybe this block 1 over here was just kind of a little chunk that was left over and maybe you didn't want to extend Carlton Avenue or something. I would like to see Block 1 broken up into four lots, single family and extend Carlton Avenue out there. Lee: We looked at that possibility and we talked about that at numerous times on putting town houses along the existing apartment complex. And I agree with you from a transitional standpoint it might be better. However the problem we run into here is the amount of depth in the property. The private street we were proposing along that townhouse project lends itself to work better in this particular case. We tried to go with a local street in there. It is going to start (inaudible) make a much wider looking road because there is (inaudible) Smith: I am sorry, I meant just extending Carlton Avenue east. The lot configuration in that manner there. Lee: Carlton is not on our property. Smith: Well it is an adjacent street there though. Lee: That is private property, Carlton ends right at the west boundary of the town house project. Smith: Well that wouldn't work then. MacCoy: (Inaudible) making that land for a different type of arrangement (inaudible) Lee: Too much crammed in the zone? MacCoy: Well you look at some of this stuff and it is pretty tight compared to some of the other blocks you have here. Johnson: 3.78 isn't very high density, so what is your point? MacCoy: Well t just thought it would look better (inaudible). Lee: well the market is the other aspect too. The town house market is somewhat soft compared to the starter home single family house. Ron Crew is interested in town houses Himself to build. We talked about having more town houses, we talked about residential and the final design we have come up with is about as efficient as we can Meridian Planning & Zo~j Commission October 14, 1997 Page 53 make it on this particular piece of property and meet the goals and the desires of the land owner. Borup: I think we can agree (inaudible) Smith: Have there been any discussions with the property owner to the south as far as what his plans are for developing that vacant lot. It just seems natural to infill with a couple of lots there. Then my idea would work. Lee: I didn't talk to the landowner personally but Mr. Crow, he knows him quite well. At the time he didn't have any firm ideas on what he wanted to do with the property. Smith: Don't misunderstand me I am not opposed to the town homes per se I am just puzzled as to where they are located on the property. I think if they were over here next to the apartment complex it would in my mind be pretty straight forward. Borup: Is that apartment directly to the west of the townhouses now? Lee: It is north of the Borup: What is west of the town houses? Lee: There are some of those older lots in the City for some residential houses in there older ones. Borup: So the apartments are all north of Washington? Lee: I think there are some duplexes in there someplace. I can't tell you exactly which lots they are. Borup: That is fine (inaudible) Lee: It is a mixture in that whole neighborhood. In any event the design that is before is the preference of the landowner and developer. Johnson: Any further questions? Thank you Mr. Lee, we may call you back. This is a public hearing, would anyone else like to come forward at this time? D R Lynn, 1154 Cathy Lane, Meridian, was sworn by the City Attorney. Lynn: I am the sole owner of the private street Cathy Lane, Meridian. It is a private street because it is too narrow. After I completed it and offered it to the County it was not accepted on that basis. I live in a two story house, (inaudible) my first plan was to build on Lot 7, 1184 Cathy Lane and consider the property my retirement home. I would have done so by this time but teamed about the proposed use of the property adjoining Meridian Planning & Zor~ Commission October 14, 1997 Page 54 mine and changed my plan to tract house quality for 1184 Cathy Lane. That also changed my interest in owning the street Cathy Lane. I will sell it if I find an interested party. As part of this street project I had to build a culdesac at the end of State Avenue. The cost was $20,000. The street added approximately $25,000 to the project. This is a firm price because 1 have that much invested. I actually have more in it because of the sewer line and water taps and everything that I paid for. I own property on Franklin Road and understand the ins and outs of public versus private road construction. In the case of public there is in place an easement for the expected need of more space. The State paid me a reasonable for needed extra footage on Franklin. No easement exists on Cathy Lane except an easement in favor of the homeowners association which does not exist. A homeowners association is provided for in the bylaws recorded in Ada County as part of Catherine Park Subdivision. I have checked the legalities of building a fence at the far edge of Cathy Lane. It is legal and I have a letter from the City Engineer to establish that fact. I have placed mail and garage services at the beginning of the street because I don't want more traffic than necessary on this street. I believe Meridian's police are as good or better than most. But on private property we lose the advantage of an investigation in case of accident. A serious consideration as far as insurance liability. It is paramount that traffic on Cathy Lane be as limited as possible. Should Mr. Crow opt to purchase Cathy Lane for the sum I have invested I would require guarantee the street will be accepted by the County for their maintenance. I would request two years time to sell the house I am in and move into the stainless one on Lot 7 before the streets are connected. I realize this is just a request and should he opt to purchase the street he wouldn't have to honor that. Had the homeowners association been in place the net proceeds to each lot owner after all taxes and insurance, recordings and so forth would have been $6002 but I am at this point the sole owner. Smith: Can you clarify a couple of things for me? You access Cathy Lane off of State? Lynn: Yes, that is the culdesac I had to construct and pay for and everything in order to build a private street. Smith: How wide is Cathy Lane? Lynn: It is 30 feet, the County would require 60 before they would take it and maintain it. Smith: Does that stop short of Washington Avenue? Lynn: It stops, I don't know 1 have had it surveyed, yes I think it is (inaudible) Smith: (Inaudible) Lynn: You mean Washington Avenue coming through, oh definitely, a long ways from Washington Avenue. Meridian Planning & Zor~ Commission October 14, 1997 Page 55 Borup: I guess I wasn't sure what your concern was? Are you concemed about extra traffic on Cathy Lane or your private Cathy Lane? Are you concerned about traffic from this project going there? Lynn: This is my concern, this is the one thing that I would very definitely protect. Borup: Now, I may have understood this wrong but I didn't think there was any access to private Cathy Lane from this project. Lynn: I am just assuring and reassuring that there wouldn't be because I have had pressure in that direction. Johnson: Is there anyone else that would like to come forward at this time? H.L. Rich, 512 East Carlton, Meridian, was sworn by the City Attorney. Rich: My concern is this piece of property that we are discussing the right (inaudible) 1 live at 512 East Carlton which is the dead end of Carlton. The comments were made today, I would like to see single dwelling houses at the end of Carlton adjacent to my property. That has been my main concern for years. The second concern we brought (inaudible) was Mr. Parks who was the developer of Cathy Lane prior the Stutzman's owning it. The agreement was at that time there would be no two story houses in that area. I have discussed with Mr. Crow that single dwelling homes adjacent to our property will keep the continuance of property value and appearance all in routine with (inaudible). The townhouses that are two story or better should be moved out on the other side of Washington. I have also been concemed that 33 houses brings in a total of about 66 vehicles going in and out of there every day. That means that we have 66 more children in that area. The two streets Washington and Carlton are both restricted by McFadden's property. The intersection on Washington Square at 5th and Washington is heavily congested with the apartments on the north side of Washington. So what this brings into the picture is the fact that with the traffic coming from Washington Square and Mr. Crov~s property is going to increase property a great deal. Which would make it hazardous to kids living in that particular area since there is no access to any other streets including Fairview. The fencing since the Washington Square apartments have put in chain link fence 6 feet high adjacent to Mr. Ron CrovJs property I would like to see the same type of fencing go all they way down the property line rather than have a high maintenance cedar fence put in. I think that will cover about all of my comments. Johnson: I have a question, I am a little confused. Are you opposing the project or just the development of town houses or two story homes? Rich: Town houses and two story homes. Borup: I had a question too, you said you lived at the end of Carlton. So there are three other properties surrounding you, are they all single family homes also? Meridian Planning & Zor~ Commission October 14, 1997 Page 56 Rich: Yes sir Johnson: Anyone else? Barbara Smith, 1124 Cathy Lane, Meridian, was sworn by the City Attorney. B. Smith: One of my concerns is extra traffic in the area. There are not a lot of ways out with so many houses. I am not opposed to houses coming in, I would just like to see more access out. I live at 1124 Cathy Lane next to D. Lynn. I bought my house and the view I had was a falling down bam that 1 loved, a propped up old barn. I hate to think of looking at town houses and I am going to get their parking lot. So if it happens I would like to see something to obstruct the view, I v~rould also like to see the end of Cathy Lane blocked off (inaudible) it just can't handle the traffic if it were to come. Thank you. Johnson: Any questions? Thank you Gerda Dwyer, 1093 Crossbill Court, Meridian, was sworn by the City Attorney. Dwyer: I am not against the project and I am talking about me and my husband and the court I live in and I am the representative of that court, Crossbill Court. We are not against the project, we don't want any town houses and two storys because it is one story .family homes.. Plus there are only two entrances, you go out (inaudible) Stonehenge and Crossbill and you go from there to Fairview and then to Pine and that is the only two entrances in and out, Fairview and Pine Avenue. Then you have to swing around to go to Franklin Road and then you get to Eagle or downtown Meridian (inaudible) so people are concerned about the traffic too. That is the main concern. We are not against the project and town houses but you need more entrances. That is all I have to say. Johnson: Thank you, any questions? Anyone else? Andrew Condon, 992 East Crossbill Court, Meridian, was sworn by the City Attorney. Condon: All the comments that lady just made here I agree with 100% there are a couple of additions that I v-rould like to make. In talking with my neighbor I had one question and maybe the engineer can answer this for me, there is a 20 foot easement between my place and my neighbors place here which is at the end of Crossbill Court. That goes into the Elvira subdivision, is that 20 foot easement included? Does it goes in there, does the City have access to that across the property way. If so how can that be made into a pedestrian pathway if it belongs to the City? (Inaudible) Meridian Planning & Zoi~ Commission October 14, 1997 Page 57 Condon: Was that the pathway that you were referring to? That is something that we would not like to see happen. Again (inaudible) stressing the fact that we would not like to see, we don't oppose the project but to keep up the townhouses and the multilevel dwellings having them all single (inaudible) is what we would like to see. There has got to be a way to make an access going from whatever the street name is Cathy to Fairview or out to Badley or something. Other questions regarding actual dwellings themselves, what is the average square footage (Inaudible). Johnson: We can answer those a little bit later, he will sum that up (inaudible). Borup: I believe they are the same as your subdivision. Condon: Also, I don't know if you have been out there. The fence its starts almost clear down at Pine and goes all the way up, except it conveniently stops right here at the edge of mine. I don't know if that was put in by each individual house owner all the way up through or not. That was one concern that the fence be completed up through the end of my property and then up until the next area here. Johnson: I think you have lost me on that one would you show us on the map? Condon: (Inaudible) the 20 foot easement is right here and here is my lot, Danbury Fair this is 120 feet long. The fence is all the way down here along Pine Street pretty much I don't know _if .that was put in by the Danbury Fair Subdivision or not but it was not completed up to there and then there is also a back part along Rountree that was not completed. This is going to be done up here pretty soon with the new car wash that is going in and the other thing that was talked about a few months ago. So I was just wondering who was responsible for this particular 140 foot of fence. If that fence was completed all the way across this could not be a pedestrian access. Johnson: I believe that is sewer easement is that not true Gary? Eng. Smith: Yes Mr. Chairman, that is a 21 inch sewer that goes through there. Johnson: So it can't be fenced right? Eng. Smith: No, it is supposed to be a common lot in Danbury Fair Subdivision with an underlying sewer easement for the City of Meridian. That is the sewer that serves Danbury Fair and other properties to the south. Condon: So it could not be fenced but it could be made into a pedestrian pathway is what you Eng. Smith: I don't know what the surface is right now, does it have a surface on it? Meridian Planning & Zon~ Commission October 14, 1997 Page 58 Condon: The surface is just sod, it wasn't put there by the City or anyone else, it was put there by myself and my neighbor just to make things look better than bare dirt. I guess those were my main concerns. Nelson: I understand the people not wanting the two story dwellings but can you clarify why you don't want the town houses, even a single story town house? Just out of curiosity. Condon: All of Danbury is single level, there are a couple multi-level houses on the SE side I think. Everything in here is all single level dwelling. The town houses, I used to live in one and it is much different compared to a normal single dwelling. It adds more to the property value of the surrounding homes to have a dwelling rather than the town house type, even though it is considered a home it is not quite the same thing. Nelson: Thank you Johnson: Anyone else? Mary Rich, 512 East Carlton, Meridian, was sworn by the City Attorney. Rich: A comment on the two story houses, I am just concerned because of the population growth and the fact that the ones in the neighborhood at this time are not maintained. It has been a nice neighborhood and they have built numerous two story homes or I can't remember what we called them. They are run down and they are not being kept up like I think they should be in the community. I think they look more like low income housing and Johnson: Are you talking about two story homes or are you talking about multi-family? Rich: The apartments, multi-family. I think it would increase the population in that area too much. We have a lot of people in that area and the access is poor to get in and out. Johnson: Thank you, anyone else that hasn't had an opportunity? Gary, would you like to make a couple of comments and specifically if ~ you would talk about the square footage. Lee: The square footage we have identified in accordance with the R-8 zone standard. On the preliminary plat there is a table that identifies size and the number of lots of that particular size. Each lot has been labeled with a certain symbol to identify which lot is going to be which size. Briefly in summary the 1001 square foot minimum we have 3 identified. The 1101 we have 4, the 1201 we have 8, the 1301 minimum we have 18. Then the town house lots we identified 800 square foot minimum and there are 8 of those. These houses again it is in an R-8 neighborhood, there is apartment complexes tf'~ere, it is an older neighborhood, there are a few duplexes. There is quite a mixed used of property all over that area. So the type of house we are going to be marketing in Meridian Planning & Zo~ Commission October 14, 1997 Page 59 this area is the smaller home, it will be similar to what Danbury Fair has been. It is going to be real difficult for someone to come in and build a 2 story 1000 foot house and maintain the 800 square foot on the ground level. So the market is going to dictate the size. Although it doesn't prevent someone who wants to build a larger house to come in and build a larger house. Generally the City has appreciated that and larger houses end up being two story houses. We would like to keep that option open. As far as the town houses, these particular lots are fairly deep. The actual town house unit itself is 122 feet in depth. That is going to allow for a fairly substantial rear yard or additional set back along that west boundary. A typical rear yard setback is 15 feet in R-4 and R-8 zones. This particular area, it will more likely be 30 to 35 feet setback so it is going to give some separation to the neighbors. In addition they are town houses, they are individually owned just like any other house. There will be pride of ownership just like you would a single family dwelling. It is not a multi family unit like the apartments are. We talked about traffic a little bit. We have met the requirements of ACRD on access, we have allowed for future extension of Badley which we have no control over when that might be built or but it will be built some day and will provide some additional relief in that area. There was a question brought up about the look of the town house from the property owners across the street from Cathy Lane. There will be a landscape buffer installed between Cathy Lane and the private driveway that we propose. There was a question brought up about how Cathy Lane terminates at Washington. Right now the private driveway known as Cathy Lane ends right at what they dedicated as Washington Avenue, you can see it on the preliminary plat. So it abuts public right of way on both ends north side and south side. On the pathway that the gentleman discussed at Danbury Fair, that was an item that was brought up at Ada County Highway District as a possibility for future uses pedestrian pathway. The original concept there was just for a sewer easement and to provide the 20 foot of pavement that is normal for sewer easements. But it could double as a pedestrian access and probably makes pretty good sense to get some circulation out of Danbury Fair to the pathway. Are there any other questions? Borup: I have a few, could you clarify if there is any access from this project to the private Cathy Lane? You indicated that the right of way stops, does there plan to be any access from this? Lee: The plan wasn't to provide any access to Cathy Lane, there is no need to do that. Borup: That was my understanding but I think it was the concern of several of the people here that there would be traffic coming down the private Cathy Lane from this project. You are saying there is no access, you have the landscaping buffer between and there is no access to the. comer there at Washington (inaudible). Lee: Cathy Lane terminates in public right of way right now, where Washington Avenue is. Borup: I don't see where your plan indicates that. Meridian Planning & Zon~Commission • October 14, 1997 Page 60 (Inaudible) Borup: At this point there is no indication that is ever going to be completed. Lee: (Inaudible) Borup: So at this point right here you have access to your private drive, but this would be landscaping (inaudible) this direction either. Questions on the, I know ACRD recommended a pedestrian pathway on that 20 foot easement. Their recommendation was to Meridian staff as City staff commented on that anymore? Lee: Not that t know of. Borup: I know that has been encouraged in other subdivisions (inaudible) One other question on the town house area you had indicated you could have possibly 30 feet or so setback in that yard. I know that again was a concern of some of the neighbors there. What would you feel the feasibility would be to have something maybe in the covenants requiring a 25 foot setback along there, is something like that feasible? Lee: Certainly, 1 think that would be a good idea. Borup: That might alleviate some concerns about the house being too close (Inaudible). I would I guess recommend that you consider that. Have they gone to the point in the plan design that they know what they have designed for (Inaudible) Lee: We looked at some designs and this is just one of probably thousands of designs that could work on there. That is what is shown on this conceptual plan on the footprints. Borup: This is drawn to scale on here. Lee: We can certainly add the 25 foot setback requirement in the covenants for that reason. (End of Tape) Smith: (Inaudible) don't feel the town homes belong where you have them sited there and I can certainly sympathize with the problems of developing that little chunk there. Maybe it just doesn't get developed now with the rest of this and you wait to work out an arrangement with the owner to the south on Carlton Avenue there to be able to develop four single family lots there. I just don't think it is appropriate given the adjacent uses. Johnson: Have you visited the site? Meridian Planning & Zor~ Commission October 14, 1997 Page 61 Smith: No, I am just going off of what I see on the map. Borup: How much property is that to the south there do you know? Lee: If you look on the vicinity map Borup: There doesn't look like there is much there. Lee: There isn't Borup: Is there one single lot is that what is there. Lee: You might get two. Borup: I mean right now it looks like it is one lot. Lee: I would think so compared to the ones next to it if you look on the vicinity map Johnson: If you have another question you need to come up to the mic. Dwyer: Answering your question about town houses you know I lived in apartments I never lived in town houses and I don't go putting people down living in town houses or apartments because I have done the same thing. But why put them there, I think they can pop up anywhere. Just like the big cities anything pops up anywhere. People have the money they put anything there and we shouldn't destroy the beauty of Meridian. We all came here from somewhere. I came here from California through Hewlett Packard and all my friends live in Eagle and I never got there because it is too expensive. But why put town houses, that looks there funny to have town houses there. (Inaudible) people go more, come and go, come and go. And you don't want that. I agree with that, I am from Germany, I lived very poor we had less than you have here. But why, you have everything here so why do it. You shouldn't have town houses with regular houses, that looks funny because people don't stay there. They maybe just have it on a lease, a year lease or they come and go. Then you have only two entrances,'think about that two entrances. One to Pine, that is not even a main street you have to, the traffic. I go to Meridian it took ten minutes to get on First Street just by Paisanos to make a left turn. You see what is going to happen. What are you going to do in an emergency, everybody is going to get killed or something. (Inaudible) just put regular homes there, no town houses. (Inaudible) I pay my taxes and I support the community. Thank you very much. B. Smith: Just because the town houses are for sale does not mean they won't become rentals. Meridian Planning & Zor~ Commission • October 14, 1997 Page 62 Johnson: It doesn't mean they will either. Anyone else? I will close the public hearing at this time. We are only on 11, annexation and zoning. We need findings of fact and conclusions of law. MacCoy: Mr. Chairman, I move we have the City Attomey prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: I will now open this public hearing and invite the applicant or Mr. Gary Lee to address the Commission. Gary Lee, JUB Engineers, 250 S. Beechwood, Boise, was sworn by the City Attomey. Lee: I would just like to reaffirm the previous testimony during the annexation proceedings and I would entertain any additional questions you might have. Johnson: Any questions of Gary? Anyone else that vuould like to add something on the preliminary plat? Andrew Condon, 992 East Crossbill Court, Meridian, was sworn by the City Attorney. Condon: All I wanted to ask was this. I understand the first part that is for rezoning from whatever it used to be from RT to R-8. This part here is for the layout the way it is proposed? So you are proposing this without all the testimony that we have given so far is just for townhouses and that sort of stuff? Can you chop up certain parts or are you going to say okay that is the way it is. Johnson: Well, what the Commission normally does (inaudible) they will normally table this item until the findings of fact are prepared and addressed. Anybody else. (Inaudible) Johnson: It is called the American way, that is what it is called. This is America (inaudible) Meridian Planning &~ Zon~Commission October 14, 1997 Page 63 (Inaudible) Johnson: We have rules and regulations, we haven't done a thing here, we haven't approved anything. All we are doing is gathering testimony. This Commission doesn't make any decisions. What we do is pass recommendations onto the City Council. You get another opportunity at another public hearing to talk to the City Council and those are the people that actually decide, they make the decision. (Inaudible) Johnson: I am closing the public hearing. What would you like to do with item #12? Borup: I would like to table this to November 12~'. Smith: Second Johnson: We have a motion and a second to table item #12 until our next meeting November 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION N0.4: Johnson: I will now open the public hearing, Mr. Lee? Gary Lee, JUB Engineers, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: Again I would like to reaffirm my testimony in the previous two public hearings. The conditional use permit application is for a planned unit development for 33 single family and 8 town house units. If you have any questions I would be glad to answer them. Johnson: Any questions for Mr. Lee? Anyone else? I will close the public hearing. MacCoy: 1 would like to table this to the next meeting so we can have findings of fact Johnson: We need to have findings of fact on the conditional, you can make a motion to table it but standard procedure would be to have findings of fact prepared on this too. MacCoy: Mr. Chairman, I move gnat we have the City Attorney prepare the findings of fact and conclusions of faw for this project. r Meridian Planning & Zor~ Commission i October 14, 1997 Page 64 Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 2 Nay Tie Breaker Vote Yea Nelson: I motion to adjourn. Smith: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK Mayor, Council and P&Z October 1, 1997 Page 2 6. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the Meridian Public Works Department. 8. Respond, in writing, to each of the comments contained in this memorandum by 12:00 noon, October 10, 1997. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site could be via service line taps into the exiting City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to cons~uct 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 centerline. 2. Water service to this site could be via extensions of existing mains installed in adjacent developments. 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. 3. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system will need to reviewed closely due to the size of the area to be watered. The developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Elvirasub.pp Mayor, Council and P&Z October 1, 1997 Page 3 5. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. Construct six-foot-high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Construct six-foot-high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa-Meridian Irrigation District. 8. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. 9. A development agreement is required for this project, as a condition of annexation of the properly. 10. The preliminary plat map indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with a common drainage lot in Danbury Fair Subdivision No. 5, which could easily provide an inter-neighborhood connection. The existing 30-foot-wide right-of-way for E. Washington Avenue will be maintained as public right-of--way for pedestrian access to Five Mile Creek. 11. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping Elvirawb.pp ~ ~ Mayor, Council and P&~ October 1, 1997 Page 4 of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 12. Applicant proposes 42-foot-wide streets in portions of the development. Ada County Highway District has agreed to a 42-foot-wide right-of-way in cases where the streets are non-continuous. 13. A 20-foot-wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east. Between Cathy Lane and the private drive, an eight-foot-wide landscape strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be constructed to allow access to Cathy Lane. Coordinate with the Meridian Fire Department and comply with their requirements. 14. Although the configuration of Lot 9, Block 1, would provide added privacy and traffic calming for the units on the private lane, staff has concerns about how well this will work. Due to the low number of vehicle trips per day anticipated in this area, this may not be a significant issue. 15. No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and water lines in the lane. 16. Revise the legend to include all easements and symbols shown on the plat. 17. The preliminary plat map seems to indicate that Carlton Avenue extends fiuther east from its existing constructed terminus. Our records indicate the right-of-way ends at the westerly boundary of the proposed development. Please verify and revise map as needed. 18. A portion of Cathy Street is proposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices will need to be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings will be needed on the bridge. Elviresub.pp Mayor, Council and P&Z October 1, 1997 Page S ~~ 19. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creek is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement. 20. This infill project will require special design consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density is less than 4 per acre. Elvaawb.pp WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL IOHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SU[TE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 November 13, 1998 Ron Leslie MOORE OR LES, INC. 1185 Osprey Ridge Eagle, Idaho 83616 Ron Crow 6937 West Parapet Court Boise, Idaho 83703 RE: STERLING CREEK DEVELOPMENT AGREEMENT Dear Mr. Leslie and Mr. Crow: PLEASE REPLY TO MERIDIAN OFFICE REcErvED N O V 1 3 1998 CITY OF MERIDIAN Please find enclosed a new Exhibit "C" in regards to the Development Agreement for Sterling Creek. The Conditional Use Permit Findings of Fact and Conclusions of Law were attached as the Exhibit "C", but in fact should have been the Findings of Fact and Conclusions of Law for the Annexation and Zoning Findings. Enclosed is the corrected Exhibit "C" for your file. Please attach the new Exhibit "C" to your Development Agreement and destroy the Findings of Fact for the Conditional Use. The City has already corrected their Exhibit "C" for the recording, and therefore the matter has already been taken care of. WFG/msg Er.closule Cc: City Clerk Very ly yours ~~ Wm. F. Gigray, I ~pno SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: - Ron Crow 6937 W. Parapet Boise ID 83703 REcE~D MAY 2 0 1998 C~n_ ~' Q~' ~~~~~~I~j FROM: Karen Gallagher, Coordinator Planning & Development Division SUBJECT: Preliminary Plat-Elvira/MPP-06-97/MA-09-97 Fairview Ave. e/o 2 '/z St May 14, 1998 On May 13, 1998, 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, to_ eon they 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. 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 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusC~achd.ada.id.us • May 14, 1998 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority to_ either 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 387-6170, should you have any questions. KG cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi City of Meridian JUB Engineers, Inc.: Gary A. Lee WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 ~f~~~]~ JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-22 III MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP SEP 2 3 1997 RON MANNING ROBERT D CORRIE BYRON SMITH Mayor ~'Y 0~ ~t~I~ID~AN 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: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Annexation and Zoning to R-8 with/ Preliminary Plat for Elvira Subdivision BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue, West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 II'.RIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) . INTERMOUNTAIN GAS (PRELIM. 8c FINAL PLAT) BUREAU OF RECL O L FINAL PL T) CITY FILES ~ i~~ ~ ., /7 YOUR CONCISE HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Annexation and Zoning to R-8 with/ Preliminary Plat for Elvira Subdivision BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 ~F~%E I V E ~"r ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH S E P 2 9 1997 NAMPA MERIDIAN IIZRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT :11''~ , ~ ,1~~1DMA IDAHO POWER CO. (PRELIM. 8t: FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8c FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES /~ OTHER: % ~ ~ f F:iec c.,~~ c.~ n,of l,.a~ ~ lt) I `r •t. `I-Et...o .aNn/'~XB~ : It..) .d .~ ,:1 '~..., r ti ,., VV~ H. a nJ ~ L. ~ ~ d hsf wO -Q~¢ , ,rz ~ths g hwJo.Q o fofs AND tl,.e pY'it/,q~e ~~~ OFFICIALS ~ HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN C GLENN R. BENTLEREE BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: October 1, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer['r~ e~ Shari Stiles, P&Z Administrator ~~ Re: Request for Annexation and Zoning to R-8 with a Preliminary Plat for Elvira Subdivision, with Request for Conditional Use for a Plaruied Unit Development of 33 Single-Family Building Lots, 8Single-Family Townhouse Lots, and 6 Common Lots on 10.85 Acres by Ron Crow ~Ve have reviewed this submittal and o_,~er the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. 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. 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 irrigation. 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. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606. B . 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Elvirasub.pp SU~IVISION EVALUATION ~EET Proposed Development Name ELVIRA SUBDIVISION City Meridian Date Reviewed 09/25/97 Preliminary Stage XXX Final Engineer/Developer -~ ~ ~ B ErZgr / Ron Crow 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: "E CARLTON AVENUE" "E WASHINGTON AVENUE" "N CATHY LANE" "E BADLEY AVENUE" "N CATHY AVENUE" is approved due to its alignment with "N. CATHY LANE" and shall appear on the plat "N INEZ PLACE" is approved and shall appear on the 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 COMMITTEE~GENC EPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~4~sa~, Date z5 Ada Planning Assoc. Ann Hurley Date ~t ~ ~~ ~l~- City of Meridian Representative ~ ~.-~~v Date 9G'2S~ 5'7 Fire District Meridian Representative Date / °2~ ~~ 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 7 Section NUMBERING OF LOTS AND BLOC TR\SUBS\SM_CITY.FRM CENTRAL C •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPART~IT~ / ~~~ ~ Environmental Health Division Return to: S ~ ~' ~ ~ 1997 ^ Boise ~~Y~ ~~ Conditional Use # ^ Eagle ic.~ttUlA+~ ^ Garden City Meridian ^ Kuna ~/!i/~ -~~/~y//iS/off Preliminary / F'nal /Short Plat ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~, central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: J~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~sentral water s® 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 14. ~v2M ~~~ ~ ~ -o Fi° $6,~-Y1Lc~, ~ /,J I ~1 ~ o /k Date: ~/ ~ / ~ 7 e2~ - S H '~ Y o ~~"~•~: Reviewed By: ~47"~ SU 13.~'U 2 FR~C-C' o Review Sheet [DHD 10/91 r~, rcv. 7/91 OCT 0 6 1997 ~aT~~ ~ ~ +i~RIU-A~ 'T2aar~iCt & ~~e~cid~aat ~I~vcigauoci 2~ca.~zrct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2(3~~%~($6(D(X 208-463-0183 30 September 1997 ill Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation and Zoning - Elvira Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 x$a~a~cxxsalocaeeax SHOP: Nam a 466-0663 X~`,~CXX~C~(X The Nampa & Meridian Irrigation District has no comment on the annexation and Zoning for Elvira Subdivision. Sincerely, ~~Henson~, As t Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 09/30/97 TUE 09:28 FAX OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Cily Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wasle Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chlel WAYNE G. CROOKSTON, JR., Anomey HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/8uiiding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor [~ooi COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P ~Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST:_Annexation and Zoning to R-8 with/ Prelirninarv Plat for Elvira Subdivision BY: Ron Crow LOCATION OF PROPERTY OR PROJECT:_650 feet south of Fairview Avenue West of Danbury Fair Subdivision No, 4 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM i~rr~v P1'l MPRrnralvpOST OFFICE (PRELIM & FINAL PLAT) MARK NELS~ BYRON SMI" KEITH BORL BOB CORRII: RONALD TO CHARLIE RC WALT MORI GLENN I3EN Post-(t® Fax Note 7671 Date pages ~ Ta /1 l.r'r DF M~RrDrAN From ~yK DA•rr7S Co.mept. P u , ale Ries ~. l a ~ Fla Po w Erz. L's. Phone# g~- 33 Phone# 322- ZO',~7 Fex# 887- ~8r3 Fa'r# 3B~- ro9z~ STRICT 4 5 ~,L' .PT;A', FINAL PLAT) WATER DEP. ___ _._,_ . _ Ivi. & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CnNC:iSF. RF.MARKC• QEcE~v~[~ SEP ~ Q 1997 CITY O- +IIERIDfAn We require a permanent 10-'foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ~~ ~~s Idaho Power ' ~ q1 322-2047 q SEP 30 '97 10 36 PAGE.01 +- - ,~ - WI~LIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER, WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Annexation and Zoning to R-8 with/ Preliminary Plat for Elvira Subdivision BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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. 8c FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) . INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. Fc FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: PT.F.A R S .F. A '1'ACHED n 1VIERIDIAN WATER DEPT. 2235 N.W. 8TH 1VIERIDLAN, IDAHO 83642 888-5242 ~ ~ f MERIDIAN MERIDIAN WATER DEPT. MERIDIAN 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884-1159 TO: THE MERIDIAN PLANNING & ZONING COMMISSION MERIDIAN CITY HALL, ATTN: WILL BERG, CITY CLERK RE: ANNEXATION AND ZONING TO R-8 WITH/PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY: RON CROW LOCATION OF PROPERTY OR PROJECT: 650 FEET SOUTH OF FAIRVIEW AVE, WEST OF DANBURY FAIR SUBDIVISION N0.4 THE MERIDIAN WATER DEPARTMENT RECOMMEND THAT A 8" WATER LINE BE INSTALLED IN THIS SUBDIVISION. ALSO WE FEEL THAT THE WATER LINE ON CATHY LANE SHOULD BE CONNECTED FOR A SECOND SOURCE. PLAN REVIEW WILL BE DONE WHEN THE WATER PLANS ARE RECEIVED. ~ ~ • J-U-B ENGINEERS, Inc. ~~ • ~ • ~ , ENGINEERS • SURVEYORS • PLANNERS ,' 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 October 6, 1997 a ~~~;~` Mr. Will Berg, City Clerk C ~ ~ 7 ~~~~ City of Meridian ~~ ~~'~I~~~~ 33 East Idaho Street Meridian, ID 83642 Transmitted Via Fax to Will Berg & Shari Stiles: 887-4813 Transmitted Via Fax to Bruce Freckleton: 887-1297 and by mail Dear Mr. Berg: RE: ELVIRA SUBDIVISION (Ruth Crow Property) -Preliminary Plat We have received a memorandum dated October 1, 1997, from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific comments concerning the above-referenced application to be heard by the Meridian Planning £~ Zoning Commission on October 14, 1997. We wish to make a response to each of the items discussed in that memorandum. Our response is arranged in the same order and format as the above-mentioned memorandum: GENERAL COMMENTS: 1. There are no irrigation or drainage ditches on the site that will require piping, except those shown on Sheet 2 of the preliminary plat. 2. Any existing wells and septic tanks will be removed from service that may be situated on the property. However, there are no known wells or septic tanks on this parcel. 3. A groundwater level monitoring program is in progress. The depth to the water level is being measured by J-U-B on a weekly basis. The peak groundwater level will be determined later this fall. Water level data and soils profiles will be submitted with the final improvement plans. 4. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. 5. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development. 6. The Ada County Street Name Committee approval letter will be submitted once received 7. The fire hydrant placements are shown on the Engineering Concept Plan, Sheet 2. We hereby request that the City Staff review these placements and comment on their positions. 8. This letter shall act as our response to the City Staff's General and Site Specific Comments. Ten copies of the revised preliminary plat are included with this letter. is t~ «~ ~ • . ~`~'V~ Mr. Will Berg, City Clerk October 6, 1997 Engineers Surveyors Planners Page 2 SITE SPECIFIC COMMENTS: 1. The Engineering Concept Plan, Sheet 2, shows the proposed sanitary sewer line connections. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment plant capacity for this development. Main-line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the location of an existing North-South sewer main along Cathy Street, we hereby request that the City Public Works Department approve the location of the main to be situated along the eastern side of the street. The street was placed here because of the deep lot depths along the west side. 2. The Engineering Concept Plan, Sheet 2, shows the proposed waterline connections at two locations adjacent to the development. The main-line sizing will be determined based upon hydraulic capacity. We hereby request that the City staff review their hydraulic model so that the Elvira Subdivision pipeline sizes can be determined. All waterlines are shown on said Concept Plan to be situated within the north and east corridors, except the waterline within Cathy Street. Again, due to the location of the existing sanitary sewer, we hereby request that the City grant a waiver on the location of the waterline along this street. 3. J-U-B will coordinate the extension of the pressurized irrigation system from Danbury Fair into this subdivision. Also, a secondary water source will be reviewed with NMID and the City during final irrigation system design. 4. Streetlights are shown on the Conceptual Engineering Plan, Sheet 2. We hereby request that the Public Works Department review said locations and make any modifications as may be required. A common area landscape plan will be prepared and submitted with the Final Plat and Final Improvement Plans. Also, a fencing plan will be prepared and submitted. with the Final Plat. The developer will submit surety instruments during the final plat signature stage. b. Fencing exists around most of the property perimeter. A chain link fence is planned along Five Mile Creek. We hereby request that the City accept the existing fencing systems as are in place at this time. Or identify which areas need to be replaced. 7. A license agreement will be requested from NMID to allow the fencing to be placed along the Five Mile Creek and will be situated as follows: (1) The fence will be placed five feet west of the western bank of the creek bank; and (2) The fence will be placed 20 feet east of the eastern bank of the creek. 8. A pathway is shown along the eastern side of Five Mile Creek. The creek will be fenced as identified in Item 7 above. However, the developer may consider your proposal not to install fencing along the western side of Five Mile Creek. 9. Please submit the development agreement to J-U-B for review once it is prepared. 10. The condition of the pedestrian bridge will be evaluated at time of final improvement plan preparation. Either the bridge will be renovated, or a new pedestrian bridge will be constructed. 11. The Engineering Concept Plan, Sheet 2 of the preliminary plat, shows that the Adkins drain will be tiled. Other small ditches on the site will be abandoned. The conceptual engineering plan has been revised to show the abandonment of these existing ditches. If fill is greater than two feet, where a building foundation will be placed, structural fill will be placed and compaction tests taken . .s s~ «~ • • ~J'u'B~ Mr. Will Berg, City Clerk. J October 6, 1997 Engineers Surveyors Planners Page 3 12. No comment required. 13. The landscape buffer will be shortened to allow for emergency vehicle access at the southern end of the private driveway known as Lot 1 of Block 1. The width of this access will be coordinated with the Meridian Fire Department during final improvement plan preparation. 14. There is some flexibility in the design of Lot 9 of Block 1. The shape of the driveway approach can be modified. Please let me know what the Staff concerns are. 15. A City Sewer and Waterline are located within Cathy Lane. The improvement plans for Catherine Park Subdivision show the construction of the sewer and waterline with services to each lot. Also, these plans show sewer and water services to be constructed into the Crow property for future lots (four sewer services and two double water services). We have assumed that the City has some sort of easement for these facilities. If not, the City likely has prescriptive rights. The City Attorney should be consulted to determine what sewer and water easement rights may exist, if not of record. We will check the county records to see if an official easement document was recorded when the City approved the plat of Catherine Park Subdivision. 16. The preliminary plat legend has been amended per the enclosed drawings. 17. East Carlton Avenue does not extend to Cathy Lane. The preliminary plat has been modified. 18. The guardrail and fence designs along Cathy Street and the bridge crossing East Badley Avenue will be prepared during final improvement plan preparation in accordance with ACHD requirements. 19. We have assumed that the Five Mile Creek pathway/greenbelt will be used in the calculation of the 10% landscape rule. Please advise us if this is not the case. 20. No comment required. Please review the enclosed information. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~~~~ Gary A. Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: Ron Crow f: \proj ects\ 11216\adm i n\cityltr2. doc t ~ •« 9 OCT 97 MERIDIAN PLANNING AND ZONING, ti• ~~(%iE1V~~1 OCT091991 =~T~ ~~ER1014~ MY NAME IS TONY STOPPELLO MY WIFE AND I OWN THE TWO DUPLEXS LOCATED AT 5T" AND WASHINGTON. WE, TO INCLUDE OUR TENANTS HAVE SOME CONCERNS WITH THE PROPOSED ZONING BY MR CROW. BECAUSE OF MILITARY DUTY WE WILL NOT BE ABLE TO ATTEND, PLEASE ACCEPT OUR WRITTEN COMMENTS. THE OPENING OF WASHINGTON AVE. WE ARE TOTALY AGAINST. AT PRESENT THERE IS A TREMENDOUS AMOUNT OF HIGH DENSITY STRUCTURES IN THE IMMEDIATE AREA. AT THE CORNER OF 5T" AND WASHINGTON IS THE CHILDRENS SCHOOL BUS PICKUP. BETWEEN 2'/ STREET TO 5T" IT IS VERY NARROW ROAD ALMOST A ONE LANE. THIS SAME CONDICTION EXISTS ON CARLTON AVE. LOOKING AT THE PLOT PLAN THE WHOLE PROGRAM LACKS ACCESS. 2. TWO STORY TOWN HOUSES IN PHASE ONE WE ARE TOTALLY AGAINST. MY INFORMATION IS THAT THIS IS ZONED FOR SINGLE STORY BUILDINGS. TO PLACE TWO STORY STRUCTURES WOULD COMPLETELY DESTROY OUR PRIVACY . WE WOULD AGREE TO SINGLE STORY ONLY. IF SINGLES ARE ALLOWED WE WANT A CHAIN LINK FENCE LIKE THE ONE THEY PUT UP JUST NORTH OF OUR PROPERTY THAT SEPERATES THE LARGE APARTMENT COMPLEX FROM THEIR LAND. WITH ONE EXCEPTION AND THAT IS THEY INSTALL PRIVACY INSERTS./ IN CONCLUSION MY WIFE AND I BELIEVE MR CROW SHOULD BE ABLE TO BUILD ON HIS PROPERTY BUT HE LACKS ACCESS AND IS TRYING TO CRAM TO MUCH INTO TO LITTLE. LOOKING AT THE PLAN 28 LOTS SEEMS LOGICAL. THANK YO TON STOP E LO •~ •~~ i ~ ~~~u .November 25, 1997 Mr. Will Berg, City Clerk Ms. Shari Stiles, Planning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg and Ms. Stiles: ~~~~~~ Q ~ 2 b ~~~~ ~~ 1~~~ RE: ELVIRA SUBDIVISION (Ruth Crow Property) -Preliminary Plat 208-376-7330 FAX: 208-323-9336 With regard to our earlier telephone conversations with Shari Stiles; and Karen Gallagher, Ada County Highway District, we wish to address the concerns of ACHD about the existing public road right-of-way known as Washington Street. The right-of-way in question is a strip of land 30 feet wide, more or less, by 301 feet long lying just south of Lots 1, 2, and 11 as shown on the above-referenced preliminary plat. This right-of-way was created by the developer of Catherine Park Subdivision lying adjacent to the south boundary of Elvira Subdivision. The preliminary plat of Elvira Subdivision shows this stretch of right-of-way to remain as a future pathway connection to the future Five Mile Creek Pathway. This public right-of-way could be used for pedestrian access to Five Mile Creek. We are concerned that the ACHD does not want to own this public right-of-way unless it is to be used and maintained for roadway purposes. Karen Gallagher, ACHD, has suggested two resolutions to their concerns: 1.) Vacate this strip of public right-of-way, or 2.) Deed it to the City of Meridian for beneficial public use (i.e., a pedestrian pathway). The ACHD does not have the option to deed the property to a private party or homeowners association. There are restrictions in the Idaho Code that prevent this. Vacation of this strip of land will not work for the pedestrian pathway as planned. The reason being that the Idaho Code requires that the vacated right-of-way goes back to the original property owner who dedicated it in the first place (Catherine Park). If this land were to go back to the developer of Catherine Park, the access to Five Mile Creek, at this location, would be lost. However, there is a second point of access to the Five Mile Creek pathway at the Badley Avenue crossing of Five Mile Creek. This second access is about 700 feet north of the planned pedestrian pathway. Maybe this one point of connection is adequate to meet City needs. If the City desires both of these access points, the second option would be the desired alternative. This way, the City could gain ownership and control of this right-of-way for a second future pedestrian access point. If this point of access is really beneficial to the City, the developer of Elvira could enter into an agreement (developer's agreement) with the City to maintain this strip of land until the City is ready to develop the pathway system. Please review these concerns and let us know what you believe to be the best alternative for the public. If you wish to discuss further, please call. Sincerely, J-U-B E INFERS, Inc. G~~~ Gary A. Lee,. P.E./L.S. Project Manager GAL:Ihc cc: Ron Crow f:\projects\11216\admin\City Ltr3 J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 ~s s~ ~~ • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1997 APPLICANT: RON CROW AGENDA ITEM NUMBER: 4 REQUEST: PRELIMINARY PLAT FOR ELVIRA 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 OTHER: Atl Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~g Commission November 12, 1997 Page 3 Smith: Mr. Chairman the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and contusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: Motion and a second to pass the recommendation as read by Commissioner Smith onto City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE WEST OF DANBURY FAIR SUBDIVISION N0.4.. Johnson: Any corrections or discussion regarding these findings of fact as prepared by our City Attorney? Is there a motion for approval? Nelson: I would like to motion for approval of facts and findings and conclusions of law. Smith: Second Johnson: We have a motion and a second for approval of the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup - Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Nelson: The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement. If the applicant is not agreeable with these findings of fact and conclusions of law or is not agreeable with entering into a development agreement the property should not be annexed. Meridian Planning & Z~g Commission November 12, 1997 Page 4 Borup: Second Johnson: Motion and a second to pass that recommendation onto the City Council as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED FROM OCTOBER 14, 1997: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: This item was tabled because we hadn't approved the annexation and zoning. Would anyone like to discuss this preliminary plat? We have had the public hearing on this we are just addressing this issue now. What would you like to do? Smith: This has a direct effect on item #5, we haven't had findings of fact and conclusions of law on this item then we will have to table the item 5 won't we? Johnson: We can address five and come back to four if that is your pleasure. Smith: Don't you have to have the preliminary plat before you can have the conditional use permit though? Johnson: Right, we have already had public hearings on both though. Borup: Mr. Chairman, I move we approve the preliminary plat. Smith: Second Johnson: We have a motion and a second to approve the preliminary plat which is item 4, all those in favor? .Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: Any discussion regarding these findings of fact and conclusions of law? Smith: Mr. Chairman, I was just looking at page 18, item E, and it is referencing Section 11-2-418 C of the Zoning and Development Ordinance. Item E is the use will be served adequately by essential public facilities and services such as highways, streets, police • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1987 APPLICANT: RON CROW AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING FOR ELVIRA SUBDNISION 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 ~1~L ~`~r' ~,~" °~` ~ C;~'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: October 14.1997 APPLICANT: RON CROW AGENDA ITEM NUMBER: 11 $12 REQUEST: PUBLIC HEARING• REQUEST FOR ANNEXATION/ZONING AND PRELIMINARY PLAT FOR ELVIRA SUBDNI310N 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.