HomeMy WebLinkAboutWestpark Company AZWILLIAM 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 ~ COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
C
R
ENN R. BENTLEY
G
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P a z coMMlssioN
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 GREG OSLUND
Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE RON MANNING
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
P#anning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Cleric by: Mav 6, 1997
TRANSMITTAL DATE: 4/48/97 HEARING DATE: 5/13/97
REQUEST:. Annexation and Zoning of 48 7 Acres E of Locust Grove and N Of Victory
Road to R-4
BY: Wes#oark Comnan~, Inc
LOCATION OF PROPERTY OR PROJECT:. S 1/2. SW 1/4, Section 20, T.3N., R.1 E.. B.M.,
Ada County. Idaho
JIM JOHNSON, P2
MALCOLM MACCOY, P2
RON MANNING, P/Z
GREG OSLUND, P/Z
KEITH BORUP, P2
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
MERIDWN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRIC7 HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER GO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. ~ FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL. PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
•
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
SHERBROOKE HOLLOW SUBDIVISION
(PROPOSED NAME OF SUBDIVISION)
EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY ROAD
(GENERAL LOCATION)
(LEGAL DESCRIPTION - ATTACH IF LENGTHY)
S 1/2, SW 1/4, SECTION 20, T 3N, R 1E, B.M., ADA COUNTY, IDAHO
(FULL LEGAL DESCRIPTION ATTACHEID)
(OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.)
ATTACHED
(ADDRESS)
WESTPARK COMPANY, 1NC. 888-9946
(APPLICANT) (NAME) (TELEPHONE N0.)
P.O. BOX 344, MERIDIAN, IDAHO 83703
(ADDRESS)
BRIGGS ENGINEERING, INC. (BECKY BOWCUTT) 344-9700
(ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.)
1111 S. ORCHARD, SUITE 600, BOISE, IDAHO 83705
(ADDRESS)
(JURISDICTION(S) REQUIRING APPROVAL)
RESIDENTIAL
{TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
48.70 ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:) (FEE)
•
ANNEXATION OF
SHERBROOKE HOLLOW SUBDIVISION
Present Land Use: The parcel is currently used for agricultural purposes and has no
structures.
2. Proposed Lane Use: A residential development consisting of 139 single family residential
lots, 1 lot for a daycare facility and 7 common lots. The proposed density is 2.87
dwellings per acre.
Present District: The property is zoned RT (Rural Transition) and outside the City limits
of Meridian.
4. Proposed District: The applicant is requesting annexation and rezone to R-4 designation.
The property adjoins the City limits of Meridian along the northwest portion of the
parcel. The adjacent Salmon Rapids Development is currently zoned R-4. The Los
Alamitos development north of the subject property is zoned R-4. The request for a R-4
zoning designation would be consistent with previous annexation/rezones in the vicinity.
The request for an R-4 zone is compatible and consistent with the Meridian
Comprehensive Plan.
The proposed development has a low density of 2.87 dwellings per acre. This density is
consistent with other approved developments in the Locust Grove Road area. This
density is an excellent transitional density for existing large residential parcels.
6. The annexation/rezone is supported by the Meridian Comprehensive Plan. The plan
allows for urban development when urban services (ie. sewer and water) are available to
an acre. The requested R-4 zoning is consistent with the Meridian Comprehensive Plan
Map which identifies this area as single family residential.
961102\annex.req
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MERiviaN ~iTY uM~rs
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pruP~~TY
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VICINITY MAP
600 0 600 1200 Feet
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•
•
DESCRIPTION FOR PROPOSED
HIGHLANDS RANCH WEST SUBDIVISION
April 9, 1997
A parcel of land being a portion of the South 'h of Section 20, Township 3 North, Range
1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30,
T. 3N., R. 1 E., B.M., Ada County, Idaho;
Thence N 0°44'50" E 1,327.36 feet to an aluminum cap marking the south 1/16 corner
common to said Sections 19 and 20, said point being the REAL POINT OF
BEGINNING;
Thence S 89°49'11" E 2,228.88 feet along the north line of the South'/2 SW 1/4 of said
Section 20 to a point on the centerline of the Ridenbaugh Canal;
Along said centerline the following courses and distances:
Thence S 20°43'05" E 111.76 feet to a point of curvature;
Thence along a curve to the left 168.45 feet, said curve having a central angle of
12°52'06", a radius of 750.00 feet, tangents of 84.58 feet and a long chord of 168.09
feet which bears S 27°09'08" E to a point of tangency;
Thence S 33°35'11" E 233.60 feet to a point;
Thence S 52°22'11" E 44.27 feet to a point;
Leaving said centerline:
Thence S 0°25'48" W 206.24 feet to a point;
Thence N 89°34'12" W 538.36 feet to a point;
Thence S 0°34'22" W 126.54 feet to a point;
Thence N 89°32'04" W 639.99 feet to a point;
Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner
common to said Sections 20 and 29;
961102.des
•
Thence N 89°34'22" W 388.90 feet along the line common to said Sections 20 and 29
to a point on the centerline of the Eight Mile Lateral;
Along said centerline the following courses and distances:
Thence N 3°04'10" W 319.40 feet to a point of curvature;
Thence along a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a
radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which
bears N 40°08'01" W to a point of tangency;
Thence N 77°11'52" W 523.60 feet to a point;
Leaving said centerline:
Thence S 89°22'14" W 323.49 feet to the line common to said Sections 19 and 20;
Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this
description, said parcel containing 48.70 acres, more or less.
Michael E. Marks, PLS No. 4998
961102.des
ATTACHN~IT
OWNERS OF RECORD FOR SHERBROOKE SUBDIVISION
Richard S. or Linda E. Schaffer
1760 E. Victory Road
Meridian, Idaho 83642
(208) 888-6196
Harold Killgore and Rayelene Allen
2000 E. Victory
Meridian, Idaho 83642
(208) 368-3123 (w)
(208) 323-8732 (H)
Clayton or Susan Record
2384 E. Victory Rd.
Meridian, Idaho 83642
(208) 888-4786
• •
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I Richard S. or Linc
(Name)
Meridian
1760 E. Victory
(Address)
Idaho , 83642
(City)
(State)
1. That I am the record owner of the property described on
the attached, and I grant my permission to;
The lrc5tnark Compznv Inc P 0 Rox ;4~ AIArl~i~n~ rn-,~,,, 43680
To submit the accompanying application pertaining to that
property.
r , ~~ q~
Dated this " =~ day of /GC ~2i _ ,~ 9 1~.-
--~ ~~7/
~f~~ _ -~ ~
(sign
SUBSCRIBED AND SWORN to before me the day and year first above
written.
~ . ~~ ~~ ~~
Notary Public for Idaho
Residing at ~~~-~ ! ~
My Commission Expires:
AFFIDAVIT OF LEGAL INT
STATE OF IDAHO
COUNTY OF ADA
I~ Harold L. ill ores Ra elene M
e (Address)
Meridian Idaho , 83642
(City) (State)
1. That I am the record owner of the property described on
the attached, and I grant my permission to;
The Westpark Company Inc P 0 Box 344 Meridian, Idaho 83680
To submit the accompanying application pertaining to that
property . ._ ~
Dated this ~~ /day of ~ N~/ , 19 ~.
~.c. r
1 ~~ l .cam. ~-~,L2v~ ( si natu e )
SUBSCRIBED AND SWORN to before me the day and year first above
written.
Notary Pub is for Idaho
Residing at Meridian
My Commission Expires: 1/1/98
AFFIDAVIT OF LEGAL INTEREST
STATF. Cr F T DA ~'
COtTNTY C>F AD1=.
T, CLr\1(TON OR 13.x._ 2iR4 F_ VTCT(lRY RTI.
(name) (address)
MERIDIAN _, IDAHO ,
(city) (state)
1. That I am the record owner of the property
described on the attached, and I grant my permission to;
The westpark Companv Inc P.O. Box 344 Meridian
Idaho 83680
to submit the accompanying application pertaining to
that property.
Dated th i.s - ~ ~ day of
(signature)
SURSCRTRED AND SWORN to before me the day and year
first at~~o-.~e written.
Notary Public for Idaho
Residing at ~~ ~~ ~ c~ ~ .:.~ __
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'~' /rIRIt 11..~tN~~IARRA RR11. • •
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~ THIS INDENTURE, made t.5ls .. . 2T~ .. day d ........ AuBnat . . .. ......... , 19 _Sg,
between N. E. ROBINSON .and _ DOaIS C....ROHINSON, ..husband and...Mite, .......................
...... Ada.... ......... .step. d ......Idaho ...............,
d ...... . , CourMy d
the p.rdes a/ the Arsf pert end F1,OXD..CNAIPDLER...and .$... Z~ONNE CHANALER, ...............
......._.. .. ....... ....husband. and...Kite, ................................_.............................................
j County d .......Ada ...... , State d._Id~i?~o ..- .................... the pert ies d the seoord pert.
WI NESSE~X, that the said perl~ee d the AnlPpsrt, /or arse In conslderaNon d the sum d
TSN (10.00 and ..other..,gpod..-~lnd..vpluabls..consideration----------. boner.
lewlul money d the United Steles d Americe ..........._ .....................__........._......._......................._.._.................._...~ .
to Lhem... in bend paid by the pert..les. d the second pert, the rroeipt whetrd b hereby aelFttowledged,
hs •e granted, bergeirkd, sold, end by these preserMa do .. grant, bngain, sell end oawry end oonArm unto
the ssld pert ie~ d the srcond pert, end to theZr heirs end e+.dgns, lower, ell the lon,~,r~1n/ desalbed
reel estate, situated in ..... _ _...... ...... .......... ....... .... _.. , County d ............. ^"a ................., .
State d Idaho, to-wit:
SW~ of SiI~ of Suction 20, Toxnship 3 North, Range 1 East of the
Boise Meridian, in Ada County, Idaho.
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....~...~._.._......~ ..................._............._.................. rsv-ta
... ~.w._..a. o......~:~ ...........:.... rs~a~~ ~ .
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TOGETHER with ell end einguter the fenerrronts, heroditemenls and eppurtenencrs lhenwnto belong- ~.
ing or in anywise epperteining, and the reversion end rorerslorn, remainder end rrmeinders, end rotks, lserres ~'
end profile thereof; and all estate, right, rifle end Interost !n end !o the sold property, as well in taw es in equity ~ ,
d the sold pert ies.. d the Aret pen'. ~
;.:
TO HAVE AND TO XOLD, en end singular the above merMio~:i described pr Wises together r.
with the appemtenenoes unto the pen' 1es. d the second pert, end to gns forever. >.
And the veld pert .1es. d the Arse pert, end .......tt~eiz~ .. heir, tlb sold prsrnises in the quiet and Pe ' 2
possession d the said pen.. Ses d the eeoond pert,their.-... heirs and assigns, against the sold part .._iis
d the Rrst pert, end ......their. heirs, and against ell and every person and persons whomsoever, lawfully- ''•
clelrrdng or to Helm the Berne shell and w11i warrant end by these pnaents forayer delend. , ; ~: '~ .:. .
IN WITNESS WXF.REOP, the sold parties... d the Arst part hare.. hereunto set .. t~hPir. bend ..'~'S•,,
end seal 3 the day end year Arst abuts written. ~ + ~ '
Executed and Delivered in the Prexnoe d ~ ~ ` ~ ~'
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STATH OF IDAHO,
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c«mrr d ..............Ada........-~-----.................... -. ;
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......_On rld...... .. Z7th ... der d ........Aflgnat in the rear f9.~., bglo~w . ~
the...nrl~er~ligned....._......__..._... , . lrohrr Public M.nd tads sere, oeronf!A-\e1y6~1~,.
.._....._......N...~... ROBIIQS~~t.and..DORI3..C...$CflINSOM,...buaband...and_dS.4.~ _-- 1 ,.
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known ro ~e-e ro be fhe persons. whose same S .are... ev6~eribed ro fhs wiiMn m.rrtrrnenr, ~+Ov~Iws~
ro n+e rhae t he7 arecured the aame. ;: ;,. ~.. Nr . ~ . ~;, . ~ ~ ~~ d. ~ ,
1N WITNESS WHEREOF, I hero heKUnro eer mr Acne and eKlass yFy; dlk~ !~
the der r in r i. ebrHrieere 1lret eboYyj~~q-~r
,y111ININNNI
.........._.. Pub/k larr rhe~ earw......._. ~~•:
"Resfelnt of ..MeridiaII._..., tdeha .
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WARRANTY DEED - ~`-.
8Q4062'~ C~
For Value geceived
. DELBERT C• MARTENS AND PATRICIA L.MARTENS, Husband and-Wife
.The grantors , do hereby grant, bargain, sell and convey unto
CLAYTON P,ECORD III AND SUSAN.m, RECORD, Husband and b'ife
the grantees ,whose current address is
3927 NORT&BRIDOE WAY, BOISE, IDAHO. 63706
the following described premises, in kDA
County Idaho, to-wit
SEE rte'-~3_T I A. u".G^~ ~.L~ N, ;DE ?:,?T ".Or
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TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantea S
HEIR heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantees ,that ;,he; a^e the owner sin fee simple of said premises; that they are free
from ali incumbrances ACCEPT: , 9g8 T~.3~S, COy~*p~,TS, CpIdDITICfiS, RESTRZCTI027S ~~? -~ m-
-^..~.S2r~v'TS. ~_'GTS ~.R'D FIGHTS OF wry
f ~~ Zr__1
and that ~ he :- will warrant and defend the same from all lawful claims whatsoever.
Dated: ~y~, 6~3 J
-~~~,Bt--c T C. N,ND~vS ~ -
?ATRICIA i. ML~TEnS
STATE OF IDAHO, COUNTY OF
On this ~ (p day of ADA t9 STATE OF IDAHO. COUNTY OF C.~LCl.~~
tefore me, a nofar AUGUST 8~y. I hereby certify that this instrument was filed for record at the
y public in antl lorthe said Staie, personalty request of
aPPeared
CHICAGO TITLE .
L~ ,~~T c. rf.~a ,...,. ..
r-~ ~C. ~-r.;ATPICIA i,. I/~'TEIvS at ~j~ ~
., _minutes pas! J o'clock M.,
y ~ .o ~ Q : 9'ct~': t 9 Y , in my ~ !`El7 day of QI.,~Co'f l~
=_ ~;' ~~ ~ ~ office. and duly recorded in Boo1~
known or identi{ZedFei me to be~0e ~~ of Deeds at Page
subscribeq 9~~g whOSe name
_~Q ~I~~S1lumen~ art~ckn wted
Thai - o ge0 to me rOH~ Q f t~
='~''~ ,. G9 t ~G •` ~, e~~xecuted the same. ~j `r3~t~a
~,'yl-- ~~~ ••~O ~ ,,,.,L= Ex-Ofticip Flecorder
Acs m~ ~JISL (/ Deputy.
m. Expires _ • Idaho Fees 5~
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'-~~' ~~ Maii to:
„G- F ~a irk' i.~s ~4~k>~u'tcs-sn ryv~<iw;'. ...,:-.,.... -
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: No.~119482 '
•.' ~ ~ EXSIBIT I
,,ti: , _ .
~` The Southeast quarter of the Southwest quarter is Section 20, Township 3
~• ~~, asage'1 East Boise Meridian, ~.da County, Idaho;
c~~ E7CCEPT that ' '
.portion lying North and East of the Ridenbaugh Csaal;
~_
MID E7CCEPT that property .conveyed by and described in Instrument No.
cam, follows: records of Ada County, Idaho, more particularly described as
Commencing at the Southwest corner of said Southeast quarter of the
Southwest quarter, which is the REAL pOTNT OF BEGINICT.I~1G: thence
North 0°34'.25° Bast 1333.78 feet along the West boundary of said Southeast
quarter of the Southwest quarter to the Northwest corner of said Southeast
quarter of the Southwest quarter; thence
.South 89°49'24" East 640.00 feet along the North boundary of said Southeast
4uarter of the Southwest quarter; thence
South 0°34'23" West 1336.61 feet to a point on the South boundary of
_ said Southeast quarter of the Southwest quarter; thence
North 89°34'10" West 640.00 feet along said South boundary to the REAL
POINT OF BEGINNING.
AND EXCEPT
Commencing at the Southwest corner of said Southeast quarter of the
_ Southwest quarter (which is the Southwest corner of the 1/16 Section and
is set with a 5/8" iron pin with an aluminum cap); thence
Easterly along the North side of Victory Road 640 feet to a set nail,
which is the Rg,AL p0~ OF BEGINNING and which shall be the Southwest
corner of the tract being described; thence
Easterly along the North side of Victory Road 540 feet to a point which
shalt be the Southeast corner of the tract being described; thence
Northerly along a line perpendicular to the Southern boundary line
described above (which is the North side of Victory Road) 484 feet to a
point, which shall be the Northeast corner o_' the tract being described;
thence
Westerly along a line parallel to the Southern boundary line (North side
of Victory Road) 540 feet to a point on the Western boundary of the
tract being described, which point shall be the Northwest corner of the
tract being described; thence
Southerly along said Western boundary line, which boundary line is the
Eastern boundary of the Neighboring parcel described in Instrument No.
7760809, records of Ada Coutny, Idaho, 484 feet to the set nail which is
the REAL POINT OF B£CINNING.
EXCEPT ditch and road rights of way.
~ir,A~u+~taur ~3
~~e ~o of
P)lien recorded )nail to: -
MERIT MORTGAGE CORP. =. i1:1'~!~) i!=;;i.CRO
~u5 s. o•ril s•r. suI'rE 111 bG1SE 1J
1)OIuE, IDAIlO 03'102 .
>n~owF~n rl I l.E cU.
L'repared vY: '~l'I NfIU 18 fl'I 4 1-
~~ t.t ~y~ I ~
~~~ 13 ~ ~
._. ______.~._____-- __.-_.._- ISpnrr Abarr'I L1e IJwr For Ilr,a, dluR Ilolnl -
II '' II(\ LNN: 206381533
~L~~ O~+ ,~,~~VSrI~
'I'lI1S UGU) UI~'I'ItUSI' ("Sccorify hlshunlcnl") is nettle otl NOVEMBER 15, 1999 .'I'hc grantor is
HAROLD L. KILLGORE, AN UNMARRICD PERSON.ANU RAYELENE M. ALLCN, AN
UNMARRIED PERSON
("Ilonotva ").'I'lls Irnslcc is
PIONEER TITLE COMPANY OF ADA COUN'T'Y
("'I'rnslcc").'Tile Ixucficialy is
19ERI'r MORTGAGE CORP . , A IDAHO CORPORATION
nhich is algauitcd :Ind rsislin); under the I;II~S of TILE S'I'A'rE OF IllAIIO
:uldlcss is 405 S. 81'!i S'r. SUITE 111
BOISE, IDAIlO 83702
,and wlwsc
("Lcudcr"). Uorrwvcr urvcs Lcudcr the principal soot of
TWO IiUNDRED SEVENTY 1'WO Tf10USAND AND i`10~100k kkw*kAAAAk11AA*AAAkk#*A*AAfF••**
I)ull;us(U.S.S 272,000.00 }.'IhisdcbliscvidcnccdbyUonowcr'suulcdalcdllresvucdalc:ISthisSccurilylusUunrcul
("Note"), which provides for umnlld}' p:q•nlculs, with the full debt, if uol paitl earlier, due and payable on
DECEMDER 1; 2 024 . •Illis Secul ily luslruulcul secures to Lcudcr. (a) the repaynleul of the debt evidenced by the Nole,
tt ilh interest, wlel all renewals, extensions and uuldific:dimes ofthc Nolc; (b) the paynlcul ofall other sows, with inter csl, advanced under
pa+agrnph 71o pr ulccl Ule security of ibis Sccw if r luslruutcul; and (c) the perfonunuce of Uorrower's covcnanls and agreenwnls under
111is Sccw ily trrslrunreul and the Nule. 14/r This pulpuse, Ilonotcer irwvtxably grads and conveys lo'1'nrslee, iu trust, with power of
s:de, the fullutt•iug dt:.ccrihal properly hlcaltxl iu AUA Cuuuly, Idaho:
SEE AT'rACIIED EXIiIBI'r "A" WlIICli UY 'rIIIS REFERENCE
IiL•'COMES A PART IIERE'r0 AND IS COMPRISED OF ONE PAGE.
51120346800
\4'IIICI I I InS'I~1ICs AUUItI3SS UI':
S~f11GL"'I': 2000 E. VICTORY ROAD
CITY: MERIDIAN
S-PA'I'L:: IDAHO
L.II' (:Ul)1s: p3642
("Properly Address");
'fUGI I'111slt \N I'I'I (:dl the iugllovcurcnls ^ow of Ilarlflcr erected ou the propel ly, anJ :III cascawnls, appurtenances, and fixtures
uuty ur hcrcallcr a ball of the prupclly. All rcplacculcnls :old addiiious shall also be covered by This Sccurily InsUunrcul. All of the
fwcguing is referred to iu This Sccurily Iuslnnncul as the "Propclly." '
LtUItIIU W L•;IL CUVGNAN'I'S that Uvrrutvcr is lawfully seised of the estate hcl cby conveyed and has the right lu grnut and convey
titc I'lol>crly and Thal the I'ropcrly is uacucwnbcrcd, except for cucuulhranccs of record. Dorrowcr warrants and will dcfcad generally
the title lu the I'rollcrly against all cL•liuls and dcucurds, subject In any cnauubranccs of rccoul.
'1711S SGCUIiI'I'Y INS'I'I(UhIUN~I'cuurbincc uniform covcnanls for national use and non-uniform covcnanls with limited vari:dious
bl• jurisdidiua to rnoslilulc :r uaifar ut sccwily iuslnnncul cowling rc:d pulpcUy.
UNIFORM COVL'NAN'I'S. Uorruwrr and Lcudcr wvcnaul nod ngrcc as folluo•s:
nr,tnu.s.,~glrFAauly-rnnlAiFlu.nu:unlruunlrnsrnunlF.Nr Iuitiale: ~-
YNl' (11(111) ('11115).111 r~nw 1111) 7!'/11Anaadrd 5/91 I':1I;1' I of S Ip )IiUN 1QYf
LN#: 2063815
. ~.. ' ~ 'rat and L-lcresl; Prcpaymcn ud Latc Charges. Borrower shall promptly pay when dut~riucipal of
1. ! uy nu,-i of 1 r mcq
d interest on Uro debt evideae.ed by the Note ar-d any Pc I~Ic law or to a tivrrltcn xvaivcr by Lender, Borrower shall p:-y to Lcndcr ort
2. Funds far Taxes and insurance. Subject to app
c day nrontldy paylnenls aro due under the Note, until tl-c Notc is paid iu lull, a sum e~ lu I~.~scl old (a Incnls or ground rcr~its on the
hick u-ay attain priority over this Security Inslrw-ronl as a lieu on the 1'ropcrty; (b) Y ~ Y P Y c.,rl nrorl ~ c
opcrly, if any: (c) yearly hazard or property i-uurar-x prcmiua-s; (d) Yearly Good irsurance prcmiuns, if any: (c) y ' Y & g
surancc prcnuwns, if any; and (n any sums payable by Borrower to Lender, in axordance with the provisions otparagraph A, in lieu
tl-c payment of mortgago insurance prenuums. These ite-ns arc u"IIIcr1 "Escro+v Items." Lender may, at any tia-c, collect and lrold
.nuts in an amowU not to exrxed tl-e maximum amount a lender foe a federal ly related mortgage loan may require for Borrower's escrow
xour-t ur-dcr llro federal It ~~~1-al acltlicsGOttlrcoF~wrds~scts a lesser amount ICs~o rLcndcr n ay`tat any l arc, coUcctlanJ Iwld Funds
'RESYA"), unlessauolhcr PP
~ an amount trot to exceai ll-e lesser a-nount. Lender may estimate the amount of Ponds due on the basis ofcurrcut data and reasonable
aiuates oCexpendilures oCfuture Escrow Ilen-s or otl-envise in acrnrdance with applicable law.
The Funds shall be 1-cld in au i nsliluliou wl-osc deposits arc insured by a federal agency, inslnuneutal ity, or entity (i ncluding Lcndcr,
Lcndcr is such an irutiluliou) or in any Federal Horne Loau Bank. Lcndcr shall apply tlw lauds to pay the Escrow Items. Lcndcr n-ay
of charge Borrower for holdingand applying tl-eFunds, annually ar-alyzing tl-c escrow account, or verifying the Escrow Ilcll-s, unless
.coder pays Dorrowcr interest on the lands and applicable law pcnuits Lcr-dcr to make such a charge. Ilowcvcr, Lcndcr may require
sorower to pay a one-liu-e charge for an independent real estate tax reportingscrviceused by Lcndcr in couucction wish this loan, ualess
~pplicablc law provides olhcwisc. Unless an agreement is made or applicable law rcquires interest to be paid, Lcndcr shall not be
cquircd to pay Borrower any interest or earnings on the Funds. Dorrowcr and Lcndcr may agrcc in writing, however, )trot interest shall
.e paid on the !•uuds. LCllder shall gIVC t0 Borro+Ver, without charge, au :uumal accounting of the Funds, showing credits and debit
u the Fwrds and llw purpose for which cacti debit to the Funds -vas made. The Fwlds arc pledged as additional sccurily for all suers
rented by this sccurily luslruu,cnt.
If the Funds held by Lender exceed the awouuts pencilled to be held by applicable law, Lcndcr shall account tv Borrower for t Ic
:xcesslundsinaccordancewilhtherequircruentsofi fpBorlrower+inwr li -gourd u-sucl-+case0o-rrro vet-sl all pay to Lenderlhea -ro-uu~
~o pay U-c Escrow (tents when due, Lcndcr urry so o y Y P: Y
necessary to make up ll-e deficiency. Borrowerslall make up the deficiency in no more than twelve month) I u-elUS, at Lcuder's sot
aiscrction.
Upon payutent in full of all sums sccurcd by this sccurily lusUun,enl, Lcndcr shall promptly refund to Borrower any Funds het
ay Lcndcr. IC, under paragraph 21, Lcndcr shall acquire or sell the Prol>crty, Lcndcr, prior to the aaluisition or salt ofthc I'ropcrty, shall ,
apply any Funds held by Lcndcr al the tiu-e oCacquisiliou or sale as a credit against the sums sccurcd by ibis sccurily lnstrumenl.
3. Application of Payn-cnts. Uulcss applip-blc taw provides olhcnvisc, all payu,cn(s received by Lender urrdcr paragraphs !and
t stall be applial: first, to any prcpayu-ent charges due under the Nole; second, to amounts payable wider paragraph 2; third, to interest
due; fourth, to principal due; and last, to any late charges due under tlw Nolc.
4. Charges; Liens. Borrower shall pay all taxes, assessnrcuts, charges, fines and impositions attributable tp l~c Property which
may attain priority over ibis Security I-ISlruu-cnl, and leasehold payments or grow-d rents, if any. Borrower stall 1 these obligations
iu the alauncr provided in paragraph 2, or if not paid iu.lhal uaaucr, Borrower shall pay them on time Jircctly to the person owed
payntenl. Borrower shall promptly furnish to Lcuder all notices oCamowlts to be paid under this paragraph. If Borrower makes these
payments directly, Borrower shall promptly furnish to Lcuder receipts evidencing the payments. ~ ,rtes in writing
Borrower shall promptly disclargc airy lien which has priority over ibis sccurily lustrumcnt unless Borrower. (a) . 6
Io the payment of the obligation secured by the lien in a u-auner acceptable to Lcndcr, (b) contests in good f;-ilh the licnby, or defends
against enforcenlcnl of the lien in, Icgal proceedings which in the Lender's opinion operate to prevent the crdorcen-enl oC the lien; or
(c) secures from the holder of the lice an agrecu-enl satisfactory to Lcndcr subordiaatiug the lien to this Security lustruma-t. If Leud~
dclenuines that any pari of the Property is subject to a lice which may attain priority Duct this sccurily lnstrumept, Lcndcr may. giv
Dorrowcr a notice identifying the lice. Borrower shall satisfy the lieu or lake our or nrorc oC the actions scl forth above within 10 days ~
of the giving oC irolice.
S,l(ax:ii•durPropcrlylnsurancc. Borrower'shallkeep)hciugxovemc,USUOwexisli„gorl,creanOfCfce1edo„t;lcproperlpinsurcd
against loss by Gre, hazards included within the lean "extended covcragc" and any other laruds, including ^oods or Ooodiug, for ~
which Lcuder requires insurance. This insurance shall be maintained iu the amounts and for the periods that Lender requires. The ~
insurance carrier providing the insurance stall be chosen by Borrower subject to Lender's approval which shall not be unreasonably Q
+vitld,ctd. If Borrower fails to maintain covcragc dcscriltcd above, Lcndcr may, al Lender's option, obtain covcragc to protect Leudcr's -Co
rights in the Properly iu accordance with paragraph 7. r
AU insurance politics and renewals shall be acceptable to Lcuder and shall include a standard nwrtgage clause. Lcndcr shall have $
the right to hold the policies and rcnc+vals. IC Lcndcr rcquires, Borrower shall promptly give to Lcndcr all receipts of paid prcmiunrs
and rcuctval notices. In the event ofloss, Borrowcrsl-all give prompt notice to the iusuraucc carrier and Lcndcr. Lcndcr may make proof
uC loss if not utade promptly by Borrower.
Unless Lcuder and Borrower otherwise agrce iu writing, iusurancc pra:ccds shall be applied to restoration or repair ofthe properly
dan-aged, iC the resloraliou or repair is economically feasible and Lcuder's sccurily is uol lessened. If ll-e restoration or repair is col
econanically feasible or Lender's security wouldbe lessened, the insurance proceeds shall be applied to the sums secured by this Security
lustnuncut, whctllcr or not then due, with any excess paid to Dorrwvcr. If Borrower abandons the Property, or does not answer tvilbin
]0 days a notice froru Lcuder that the iusuraucc carrier has offered to settle a claim, then Lcndcr may collect the insurance proceeds. •
Lcndcr may use the proceeds to ropair or restore the Property or to pay sums sccurcd by this sccurily luslrun-cul, +vhether or col then
due. The JO-d:ry period wili begin when the notice is given.
Unless Lcndcr and Borrower otherwise agrcc in writing, any application oC Proceeds to principal shall not extend or postpone the
due date of the montldy p:q•urcnts referred to iu paragraphs I and 2 or chrngc the amount of the payments. lC under paragraph 2l the
Properly is acquired by Lcndcr, Borrower's right to any iusurancc politics and proceeds resulting from d:uuage to the Property prior
to the aaluisition shall pass to Lcndcr to the extent oCthc sums sccurcd by this sccurily lustrumcnt iuuucdiatcly prior to the acquisiliou.
G. Uccupancy, Prescrvatiuu, Maiutcaancc unll 1'rutcctiou uC the I'ropcrly; Borruwcr'.r Luau Applir.,liun; Lcascholds.
llorrowcr shall occupy, cstablislr, and use the Prolx:rty as Dorrvucr's principal residence wiWin sixty days alter the execution of ll-is
Security lustrumcnt and shall continue to occupy the Property as Borrower's principal residence for al least one year otter the dale of
occupancy, unless Lcndcr othcnvisc agrees in writing, which consent shall not be unreasonably withheld, or wdess cxlenuatiug
circwustauces exist wl-icl- are beyond Borrower's co-drol. Borrower shall rtol destroy, dauage or impair the Property, allo+v the Properly
to dclcrioratc, or commit waste on tl-c Properly. Borrower shall be in default if say forfcilurc action or proceeding, whether civil or
criwinal, is begun tlral iu Lcndcr's goal faitl- judgutcul could resuh iu forfcilurc of the Prolx:rty or olhenvisc nalcrially impair the lieu
Initials: -~
ItMIIU•SiuglcCnmily-fNI+tMFI11,h1C11Np~pN~tINS'1'ItUA1F'N1' )U141)N
.........,, n. ,nnw, 01 Front 1011 9/90Amn,.kd 5191 l'a;;c 2 of 5
L
LN#: 2063 8
ruUed by this Security Lrstrun7ent or Lender's sec Iy intcresl. Borrower ncry cure sucl- a defauh and reiasl. .rs providcd in
clragraph I8, by causing the action or proceeding to be dismissed tivith a ruling that, in Lender's good faith delennination, precludes
~infcilure of the Dorrower's iuterost in tl)e Properly or other material inlp:rinneul of the lice ogled by this Security hlstrun(enl or
I.euder's security intcresl. Borrower shall also be in default if Dorrowcr, during the loan application process, gave materially false or
urrccurate information or slalcau:nls to Leruler (or failed to provide Leader with auy nwterial infonnalion) in connection with the loan
a•iderrced by the Nole, including, but not limited to, repre~ulalions couceming Borrower's occupancy of lire Properly as a principal
, csidcuce. If this Sccurily Instrun)eut is on a leasehold, Borrower shall wmply with all lln: provisions of the (case. If Burrower acquires
2ro title to the Properly, file tcasel)old and the fcc title sl-all not urcrgc'unlcss Lcndcr agrees to the merger in writing.
7. Proteclioa of Lender's Itiglds in the Properly. ICBorrowcr fails to perform the rnvcuauts and agrccn7cnts contained in this
iccurily Irlstrun)erri, or there is a legal proceeding that may siglrificauUy affect Leader's rights in the Properly (such as a proceeding
w bankruptcy, probate, for condcuulatiar or forfcidlrc or to enforce laws or regulations), then Lcndcr may do and p:q' for whatever is
accessary to protect the value of the Property and Lender's rights in the Properly. Lender's actions may include paying auy sums s(xur(xl
I,y a lien which Iws priority Duct ibis Sccurily Inslruu)ent, appearing iu court, paying rpsor)able atton7cys' fees and catering on ll-e
1'ropcrly to make repairs. Although Lcndcr miry lake action uudcr Ibis parngrlph 7, Lclulcr does not have to du so.
Any amounts disbursed by Lcndcr uudcr this paragraph 7 shall bccouw additional debt of Ik7rrowcr sccurcd by This Sccwily
I llstruu)cnt. Unless Oorrower and Lcudcrngrx to other lcnnsofpayu)cul, these amounts shall bear iulcrest from the dale otdisburscnlcrd
at the Notc vale and shall be payable, with iulcrest, upon notice from Lcndcr to Borrower requesting paynlcot.
ti, Mortgage Insurance. IC Lender required mortgage irlsurwce as a condition of making the loan secured by this Security
lustrwncnt, Borrower shall pay flu; prcwiunls rcquircd to n)aiutairl the owrtgagc insurance in effect. If, for auy reason, the mortgage
insurance coverage required by Lcndcr lapses or ceases to be in effect, Dorro(-•cr shall pay the premiums rcquircd to obtain covcragc
substantially equivalent to the uwrlgage insurance previously in elCecl, al a cost substantially cquivalenl to the cost to Borrower of the
nrorlgagc insurance previously in clfccl, from an ahcn7alc mortgage insurer approved by LClldef. If SUbSlilltllally Cg111ValClll ItlOrlgagC
iusurancernvcrage is uol available, Borrolvcrshall pay to Lcndcra~ch mouth a sum equal to ouc-hvclfth oflhc yearly morlbagc insure
prcwiwu being paid by Borrowei whelr the illsuraace covcragc lapsed orceascd to be in effect. Lcndcr will accept, uscrnd retain Ilrc
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payu-culs may uo longer be rcquircd, at the option of Lcndcr
if n)orlgagc insurance covcragc (in We amom)(m~d for the period that Lcndcr rcquires) providcd by au insurer approved by Lcuder agail
becoures available and is obtained. Dorrowcr shall pay the prewiuols rcquircd to nlainlain mortgage insurance in effect, or to provide
a loss reserve, unlit the requircu)ent for morigagc insurance cods in accordance with any written agreenwnt beteeen Borrower and
Lcndcr or applirablc law.
9. Llspcclion. Lender or its agent may make rcasouablc entries upon and iusl)cclious of the Property. Lcndcr shall give Dorrowc
uoticc al the line of or prior to au inspection speciCyiug reasonable cause for the inspection.
IU. Cuudenuralion. The proceeds of auy award or claim for damages, direct or cousequculial, in connection with any eoudenuration
or other faking of any earl of the Properly, or Cor convcy:mce iu lieu of coudcuuratiou, are hereby assigned and shall be paid to Lcr)dcr.
ht the eveutof a total taking of the Properly, the praceais shall be applial to the sums sccurcd by ibis Security Inslnunent, whGher
or uo! then due, will- auy excess paid to Dorrowcr. In the even! of a partial taking of the Property in which the fair m;rrkcl value of the
Properly iwn)cdiately bcCorc the taking iscqual loot greater U-an the amouulof the sums sccurcd by this Security lnslruu)cut inuncdialcly
ix;fore We taking, unless Borrower and Lcndcr olhecwiseagrce in writing, the sumssecured by this Security Inslrunreutshall be reduced
by thcan7ouuloCthcprocccdsuwltiplicdbylhcfollowiugfracliorr.(a)lhclotafmaountofthcsun7ssccurcdimn7cdiatclybcforcU)elaking,
divided by (b) the Cair rnarkct value of the Properly inunedialcly before the faking. Any balance shall be paid to Dorrowcr. lu ll-e event
oCa partial taking of the Properly iu which the fait market value of the Propcrq' immediately before llle t:d(ing is less than the amount
of the swus sccurcd imwedialcly bcCorc the faking, unless Dorrowcr and Lcndcr olhcwisc agree in writing or unless appLgble law
olhcrwisc provides, the proceeds shall be applied to the snots secured by this Sccurily luslnuucut whether or not the sums arc then duc~
1f the Property is abandoned by Dorrowcr, or if, a(lcr notice by Lcndcr to Dorrowcr Ural the condemnor offers to make an away
ur settle a claiw for damages, Dorrowcr fails to respond to Lcndcr (vilhin 3U days ancr the dale the notice is given, Lcndcr is aulhonzcd
to collect and apply the procceds, al its option, either to resloraliou or repair of the Prolrorly or W the souls sccurcd by this 5ecurily~p
Instnuucut, whether or uol Ulcn due. CS
Unless Lcndcr and Dorrowcr olhcrwisc agrcc in writing, any application of proceeds to principal shall not cxlcud or postpone the h
due date oC Uac monthly payments referred to in paragrlphs 1 and 2 or change the amount of such payments.
1 I. Borrower Nol Itclcascd; Forbearance By Lcndcr Nol a Waiver. Gxlcusion of the lime for payment or modification of `~
aworti~atiouoCthesumssecuredbylhisSecuritylustrumeutgrantedbyLeudertoauysuceessorininlerestofDorro(('ershallnotoperate
to release the liability of the original Dorrowcr or Dorrowcr's successors in inlcresl. Lcndcr shall not be rcquircd to couuncncc
proceediagsagainslanysuccessorinilalecestorreCuseloexteudlinleforpayuleulorolhervisemodifyamortizationo(lhesumssecured
by lllis Sceurily lnslruutcnl by reason of any demand made by the original Dorrowcr or Dorrowcr's successors in inlcresl. Any torbearancc
by Lcndcr in exercising auy riglal or remedy shall not be a waiver of or preclude the exercise of any right or rcarecJy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covcuanls and agrcenlents of this Security
luslrunrent shall bind and beraefl (lac successors and assigns oC Leader :old Borrower, subjcel to the provisions of paragraph 17.
Borrower's rnvelwnts and agrcemeuls shall be join( and several. Auy Dorro--ror who co-signs ibis Sccurily lnstnlnwut but does no!
execute the Nola (a) is co-signing this Sceurily Instrument only to morigagc, gran! and convey that Borrower's intcresl in the Property
wider the tcnus oClhis Security luslrunacul; (b) is not pcrsmaally obligated to pay the sums sccurcd by this Security Inslrwnent; and (c)
agrces tlwl Lcndcr and :ury other Dorro(ver n7ay agrcc to cxlcud, modify, forbear or make auy accommodalious wish regard to the icons
of this Sccurily instrument or the Nolc without that Dorrower's consent.
13. Loan Charges. If the loan sccurcd by dais Sccurily Instrwnent is subject to a law which sets nwximum loan charges, and that
law is finally interpreted so that the inlcresl or other loan clwrgcs collcctcd or to be collcclcd in connection with the loan exceed the
permitte(1 limits, then: (a) any such loan charge shall be reduced by the amount accessary to (educe the charge to the permitted limit;
and (h) auy swats already cotlecled front Dorrowcr which excceded penuitled limits will be refw)ded to Dorrowcr. Lcndcr may choose
to make this refund by reducing Ule principal owed under the Note or by making a direct payntenl to Dorrowcr. if a refund reduces
principal, the reduction will be treated as a partial prcpaynlcnl without auy prcpayulcnl charge under the Notc.
14. Nulices. Any notice to Dorrowcr providcd Cor in this Sccurily Instnuucnl shall be given by delivering it or by mailing it by first
class tuai I unless applicable law rcquires use oCanolhcr ntclhod. "1'hc nolicc shall be directed to the Properly Address or auy olheraddress
Borrower designates by nolicc to Lcndcr. Auy uoticc to Lcndcr shall be given by firs! class mail to Lcudcr's address sl;Ucd herein or
auy other address Leader designates by uoticc to Borrower. Any notice providcd Cor iu this Sccurily luslrualent shalt be dcewed loltave
bceu given to Dorrowcr or Lcndcr when given as providcd iu this paragraph.
15. Governing Law; Severahilily. This Security hlstrunteut shall be governed by federal law and tine law oC the jurisdiction in
which the Property is located. lu the event that any provision or clause of this Sccurily lustrumcut or the Nole conflicts with applictble
In111Q• Siuglc family d~NP1A/Flll.l,f(7l1NIFO1Ni 1N5T)(IIA1f.N'1' Ini tla1H :
('MI' rn(117) (91(151"O1 I'nuu J017')/90.1umndrd 5/9l 1'""'l' 3 tlf 5 DI)IiDN
p ~ y LN#: 2063t~3
law,suchconlliclshallnolaQectothcr rovisionso ccurit L-stnuucnlorlhcNolewhichcal-bcgivenc(fcclw lhecol-Dicting
provision. '1'o this end the provisions of ibis Sccurily lns(ruutcnl and tl-c Note arc declared to be severable.
IG. Durro+vcr'e copy. Borrower shall be given oltc coldotntcd copy of the Nole and of this Sccurily L-slrwncnl.
17. 'franafcr of the Properly or a Dencficial Ialcrest in Burrower. If all or any part of the Property or auy inlertxt in it is sold
or transferred (or iCa beneficial interest in Borrower is sold or lra--sfcrred and Dorro+ver is not a natural persolq without Lender's prior
written rnnscul, Lcndcr may, al its option, require immediate payn-ent in full of nil soon sccurcd by this Sccurily Instrument. No+vever,
this option shall not be exercised by Lcndcr if exercise is prohibited by federal law as of the dale of this Security Instrun-enl.
If Lcndcr exercises Otis option, Lcudcr sl-al! give Dorro+x•cr I-olicc of accclcralion. TI-c uolitx shall provide a period of rwl hxs than
30 days Crom the dale the police is delivered or mailed within which Borrower uwsl pay all sums sccurcd by this Security Instrwnwtt.
If Dorrowcr fails to pay these sums prior to the expiration of Ibis period, Lender may invoke any rcn-cdics pcnuillcd by Ulis Security
Instrualcut without furlhcr nolicc or dcu-aud ou Dorrowcr.
18. Dorro+rcr's Itighl to Reinstate. If Dorrowcr meets certain conditions, Dorrowcr shall h:rvc the right to have cnforcentcnl of
Utis Security Iltstruutcnt discontiuucd at any Iin-c prior to the eulicr oL• (a) 5 days (or such other period as applicable law may spxify
Cor rcinst:UCntcul) bcforo s:dc of the Properly pursuant to auy po+ver of s.11e contained iu this Sccurily halruulcul; or (b) entry of a
judgutcnt enforcing Ibis Sccurily Instruutcul. Those conditions arc that Dorrowcr. (a) pays Lcndcr all sums which then would be dttc
w-der ibis Sccurily I nslruwenl and the Note as if uo acceleration 1-ad occurred; (b) cu yes any default of any other covenants or ngreeu-euls;
(c) Pays all expenses iltcurrtxt in enforcing this Sccurily lustnuucnl, including, but not linlilal lo, rcasoalblc :dlonlcys' fees; and (d)
lakes such action as Lcndcr nary rcasouably require to assure that the lice of Ibis Sccurily Inslruutcut, Lender's lights iu the Properly
and Dorrw+•cr's obligation to pay the souls sccural by Il-is Stxurily Instrunlcnl shall continue unchanged. Ulwo rcil-slnlcmcul by
Dorrowcr, this Sccurily Inslrwncut and the obligalious sccurcd hereby shall rcutain fully effective as if l-o accclcralion had occurred.
lowcvcr, this right to rciuslate shall not apply in the cast of accclcr.-tion wtdcr paragrnpl- 17.
19. Sale of Nolc; Change of l.v:w Sen•iccr. The Notc or a partial interest iu the Note (together with this Sccurily luslnuuent) clay
be sold one or nwre lintel without prior notice to Dorrowcr. A sale may resuh in a change in the entity (known as the "Loan Scrvicer"
Ihal collects montl-ly payn-cnls due under the Nolc and this Sccurily Inslnuncut. There also may be one or uwrc changes of the Loan
Scrvicer unrelated to a s.11e of the Note. If (here is a change of the Loan Scrvicer, Borrower will be given written notice of the cl-auge
in accordance wish paragraph 14 above and applicable law. The notice will slate the name and address oC the new Loan Scrvicer and
the address to wl-ich payu-clns should be made. The notice will also contain any other information rcquirctl by applipble law.
2U. 11:vardvus Substauccs. Dorrowcr shall not cause or pencil the presence, use, disposal, sloragc, Or rCle:ISC Of ally 111L1fdUUs
Substances on or in the Prol)crty. Dorrowcr shall not do, nor allow anyone else to do, anything affecting the Property that is iu violation
of mly Environn-eatal Law. The preceding hvo sentences shall col apply to lhepreseuce,use, or sloragc on the Properly oCsmall quaulities
of 1 lazardous Substances that are generally rerngnized to be appropriate to normal residential uses and to n-ainteuance of the Property.
Dorrowcr stud) pronlplly give Lcndcr wrillcn nolicc of any invesligalion, claim, demand, lawsuit or other action by auy
governmental orregulatory agency or privaleparly involving the Prol)erly and any HazardousSubslanceorEnvirouu-a-lal Lawn[which
1orrowcr has actual knowledge. If Borrower learns, or is notiGcd b}• soy govcnunclllal or regulatory authority, that auy removal orolher
rcaledialion oCaay 1 lazardous Substance affecting the Properly is necesslry, Dorrowcr shall pron-ptly lake all necessary reutedial actions
iu accordance with Euviroumcntal Law.
As used in Ibis paragraph 20, "Itaiar<lous Substances" arc tltosc substances defined as toxic or ha-rardous substances by
Gnvironuleutal Law and the follo+viug substances: gasoline, kerosene, other Bauuuable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or fonnaldchyde, and radioactive nulterials. As used in this paragraph
2U, "Euviroumcntal Law" ltlGllls fcdCrel la\vs alld la1\'S Of lI1C}Uf15dIC11U11 IVIIC-C the PfopCrly IS totaled That fClalC IO IIa11Q1, safely
or cuviroun-cnlal prolcctiou.
NON-UNIFORM COVGNAN'CS. Borrower and Lcndcr furlhcr covenant and agree as follows:
2 t. Accclcrativn; Remedies. Lcndcr shall give nolicc to Dorrowcr privy lv accclcralivn fuUuwing Durrun•er's breach of any
covenant or agreen-eul in this Sccurily luslruu-enl (but nut privy to accclcralion under paragraph 17 unless applicable law
prv+•idcs otherwise). "I'he uvlice shall specify: (a) the def:wll; (b) the action raluircd to curt: the tlcfaulp (c) a dale, nut less than ~
311 Jays from the daft the nolicc is given lu Dun-u+rer, by n•hich the default mull be cured; and (tl) that failure lv cure lbe defaull~
un ur before the dale specified in the nolicc may result iu accclcralivu of the sums secw•ed by this Security Instrument and sale ~
of the Prupcrty. The nolicc shall further inform Durro+vcr of the right to rciuslate after accclcralion and the rigl-l to bring a
court action to assert tilt nun-cxistcl-cc of a default ur any other defense of Durrv+vcr tv accclcralion and sale. If the default is 6
nut cured un or before the dale specified in the nvlice, Lcndcr, al its uplivu, play require inuucdiate papnlont in full of all swus
sccurcd by lhisSccurity Inslrun-cnl wilhuut turtherdewand and play inruhc the pun•erof sale and anyolhcr rcwcdics permitted
by applicable law. Lcndcr shall he entitled lu collet( all expenses incurred in pursuing We remedies provided in this paragraph
21, including, but nut liwilcd lv, reasonable allonwys' fees :uul culls of title evidence.
If Lcndcr invokes the potrer of sale, Lcndcr shall execute ar cause Truslcc to execute a wrillcn nolicc of the occm•rence of
an event of default and of Lender's cleclim- to cause the Prupcrty tv be svld, m-d shall cause such nolicc lv be recorded in each
awuty in which any part of the Prupcrty is located. Lcndcr ur'1'ruslee shall mail wpics of tl-e nolicc as prescribcd by applicable
lan• to Durron•er and tv other perswls prescribcd by applicable law. Truslcc shall give public nolicc of sale tv the persons and
in the manner prescribcd by applicable law. After the tin-c required by applicable law, Truslcc, wilhuut demand ou Durro+rcr,
shall sell the Property at public auction to the highest bidder al the lime and place and wtdcr lbe terms designated in the nolicc
of salein unc ur ntorc parcels and inruy ordcrTroslec dclcl•mincs. Trustee way postpone latent all ur any parcel of the Property
by public anuvuncemcnt althe liure and placcufany prerivusly scheduled sale. Lenderurils designee may purchase the Prupcrty
al any s:dc.
'trustee shrU deliver tv the purchascr'Cruslec's decd cvuveping the 1'rupcl•ty +villwul any cuvcn:utl ur +varr:ully, expressed
or implied. The recitals in the Trustee's decd shall be priu-a facie evidence of Ibe truth of the slalen-enls made (herein. Truslcc
shall apply the proceeds of the sale in the fvllv+ring urdcl : (a) lv all expenses o[ the srle, including, but nut liwilcd lv, reasonable
Trustee's and atlorncys' fees; (b) to all sums sccurcd b}• this Sccurily IusU•wncuh, and (c) auy excess lv the person or persons
legally entitled lv it.
22. Recmtvcyauce. Upon p:ryu-eut of all sows sccurcd by this Security Instrument, Lcndcr shall rcqucst'fnlslcc to reconvcy the
1'ropcrly and shall surraldcr this Sccurit}• Inslruu-cul and aU poles evidencing debt sccurcd by Ibis Sccurily Instrument to Trustee.
•I'rustcc shall rcconvey the Property without warranty and +villwut charge to the person or persons legally ariitled to iI. Such person or
I)crsons shall pay any recordation costs.
23. Subslilule'frvslee. Lcudcr way, for any reason or cause, frow time to time rcnwvc Truslcc and appoint a successor trustee
to any Truslcc :y)poialcd hcrcuudcr. Without rnnvcyaucc o(thc 1'rol)crty, the successor Uustce shall succeed to al I the title, power and
IIIAUO-Singlet'awily-FNMA/fIILNC11ry1FU1tA11f~IS"1'1tI1NEIV'1' II11t1a1.H: _~
1'NI'~4R(1-I) (Y 111 $).111 f~xa:7UU 9/9U AwruJed S/YI 1':-gc a Uf 5 )I)I{nN
LN#k: 20633
duties conferred u{wu Trustee herein and by applic. law.
24. Arco altd Location of Property. Either the Property is not more than hlcnly acres in area or the Property is Ioc:Ucd within
:u! incorporated city or village.
2$. ltidcra tU t111A SeCnl'Ity tllStll1111e11t. if OI1C Or IIIOrC rldCfS arc cxccutcd by Dorrowcr and recorded together with this Sccurily
lastrumeat, the covenants aad agrcculenls ofcach such rider shall be inrnrporaled into and shall aulend and supplement the covenants
:uul agreements of this Sccurily Instrument as if the rider(s) were a part of this Sccurily hlslrwncul.
~Cllcck applicable box(cs)~
® Adjustable R:IIc ltidcr ~ Condomiuiuu! Rider L-] 1-4 fawily Itidcr
L Oraduatcd Payulcnl Rider ~ Pl:uutcJ Unil Dcvdopnuut Rider 0 Dirlcckly Payment Rider
C~ D:dlooll Rider [_] Itatc Luprovcnlcul Rider ~ Sccoud I lontc ILidcr
~ V.A. Rider ~ Other(s) (spccify~
UY SIGNING UL'LOW, Dorroe•er accepts and agrees to the terms and ~rovcu:ulls contained in ibis Sccurily lusUuweut and iu any
:idcr(s) cxccutcd by Dorrowcr and rccoldcd wish il.
W iUusscs:
ROLD L. KILLG
RAY LE M. ALLE
' 'CI
L9
N
S'PA'CE OF IUAllO
On this ~/~~~ day oC 7~CYRJ1~~aG~.
HAROLD L. KILLGORE and RAYELENE
c~!!!!ly s~:.~~.
/~ ~~( , before mc, JGC-SCZi~ /~Ut
a Notary Public iu and for said county and stale, personally appeared
M. ALLEN
known or proved to nlc to be the person(s) who cxccutcd the forc~,gUAG~iusirtillk~
kretstre/they cxccutcd the same. ~.`~ ~~ ~...•...~
In wiUlcss whereof I have hereunto scl my hand and affix$d ~I~~Olllcla{sca~U
A /' : ~ ! P~
GG'1//7/1l/SS~~I LSI~I~!2a~ _ N : i % , ~
S'S-/`~/~ ~-
Np~y 1'uL
•.
~. * ~C
11)AlIP• Sa~~.la fawily •FNMA/FIILM(' IINIFOIt~r IN$'1'Ittl~ll'.NT ~~~~~~~ $T n''~~
CAII' Glt(In) (9itIS).01 f~Kw .lull 9/9Q Ao~euJed SNI 1'a{;~ . U)'p
and acknowledged to ulc that
year iu ibis ccrtiGcatc lirsl above written.
.c
I I)UI?UN
. CO~ITMENT F•OR TITLE INSURA~E
SCHEDULE C
1=ile Nwnber. P133731
file land referred to in this Commitment is described as follows:
A TRACT OF LAND LOCATED IN THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4, SECTION 20, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4, WHICH
IS THE REAL POINT OF BEGINNING;
THENCE NORTH 0 DEGREE 34'25" EAST 1333.78 FEET ALONG THE WEST BOUNDARY OF SAID
SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4, TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1 /4 OF
THE SOUTHWEST 1/4;
THENCE SOUTH 89 DEGREES 49'24" EAST 640.00 FEET ALONG THE NORTH BOUNDARY OF SAID
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4;
THENCE SOUTH 0 DEGREE 34'23" WEST 1336.61 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID
SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4;
THENCE NORTH 89 DEGREES 34'10" WEST 640.00 FEET ALONG SAID SOUTH BOUNDARY TO THE REAL
POINT OF BEGINNING
EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY OF VICTORY ROAD.
END OF LEGAL DESCRIPTION
An~rMpvT,e
~~e ~s
•
LOAN #: 206381533
ADJUSTABLE [ZATC RID.CR
(! Yc++r'Crcusury Indcx - Ralc Cups)
'1'IIIS AUJUS'1'ADLE 1tA'I'L:1ilUGll is +I+:ldc ll+is 15Th day of NOVEMBER, 19 94
and is iuwrporalcd info aad sl+all be deemed to amend and supplculcnl the Mortgage, Dccd of Trost or Security
Decd (the "Security Inslrtuncnl") of the same dale given by the uudcrsigned (!he "Dorrowcr") to secure the
Dorrowcr's Adjusls+blc Ra1c Notc (tl+c "Note") to MERIT MORTGAGE CORP . , A IDAHO
CORPORATION
(the "Lender'") of the s:uue dale and covering the property described in the Security Instrume++l and located at:
2000. E. VICTORY ROAD
MERIDIAN, ID 83642
TILE NOTE CON7'A1NS PROVISIONS ALLOWING fOR CIIANCES 1N 'I'!IE
INTEREST BATE AND 'CITE MON7'IILY PAYMENT. TIIE NOTE LIMI'CS TILE'
AMOUNT'C11E BORROWER'S INTERESTC RACE CAN C1IANCE AT ANY ONE
'C1ME ANU TILE MAXIMUM RATE TILE BORROWER MUST 1'AY.
AUUITiUNAL COVENANTS. In addition to the cove++auls and agreenlenls made in the Security
luslrauent, Dorrowcr and Lender further covenaul :u+d agree as follows:
A. lNTERES"C ItA'1'E ANU MON'1'1lLY PAY ~1EN'1' CIIANCES
'!'hc Nole provides for all iuilial iulcresl talc of 7 , 0 p 0 "/o. The Nolc provides for changes in the interest
rate and the monll-ly paynlcnts, as follows:
4. IN'CEIiES'f ILA'I'E ANU 1110N'I'IILY PAYII1EN'I' CIIANCES
(A) G+angc Ualcs '
71+c iulcresl talc 1 will pay may cluv+ge on the 1ST d~+Y of DECEMBER, i9 97 .:+nd ou that
daycvcr}' 12TH monthlhcrrtllccEachdalco+nvhichulyinlcreslralccouldchangciscallcda"Ch:wgcDate."
(B) The ludex
beginning with the firs( Change Dalc, my iulcresl raft will be based on au Indcx. The "Indcx" is the weekly
average yield ol+ United States'frcasury securities adjusted to a cousl:u+t maturity oC I year, as made available by
the I'cdcral Rescrvc Doard.'1'hc most recent Index Ggurc available as of the dale 45 days before each Chaugc Dale
is called the "Currcul ludcx."
If the ludex is uo longer available, the Note I loldcr will choose a new iudcx which is based upon comparable
infonualion. "1'he Nolc Bolder will give me notice of ibis choice.
(C) CRlculalion of Chauy;cs
before each Change Dalc, the Notc I loldcr will calculate u+y new iulcresl tale by adding TWO AND
SEVEN-EIGHTHS pcrcculagc point(s) ( 2 , 875 %) to the Current ludex.
'fhe Nole Holder will then round the result oC ibis addition to the nearest one-cigl+th of one pcrcculagc point
(0.125"/°). Subject to the limits stated in Section 4(D) below, this rounded amoual will be my new interest rate until
the next Chaugc Date.
']'hc Note Floldcr will then dctcnuinc the amount of the monthly payu+cnl that would be sufficient to repay the
unpaid principal that I am expected to owe al the Change Dale is full ou the Maturity Date al my new inleresl rate
in substantially equal payulcuts. The resuh of ibis caculation will be the new :uuouol of my monthly payment.
(U) Limits on Lderest Ralc Changes
The iulcresl talc I :uu required to pay al the first Chaugc Ualc will not be greater than 9 . 0 0 0
or Icss Ihan 5.000 %-'1'hcrcallcr, ury inleresl ride will never be increased or decreased on any single
Ptllla'LS"I'A'rE AUJ1151'An1.E RATE Rllllil! - AIIM 5-1- Siuglc fmuily- Fmude Mad14•cJdlc Mac lhdf°au Lu+wacul
VM!'-R21A (RS117) Furw IIUR 3JR5
Mllla'IS'1'A'1'EAl)Jl1Sl'A111.61rA'1'f.nlOEn-ARMS-2-Siuglcfawily- Fauolc~ladl~reJJleMaeUulfuru~Inatnuueu+
VMI'-t132A(9703)Fow+Jlll )IRS 1'agc 1 uf2 P5290RDU.BAS Psiouluu alz
3
q~
`r
•
LOAN #: 206381533
Change Datc by urore than TWO pcrcer-tagc point(s) ( 2.0 0 0'y)
Prow ll-c rate of interest I have been p;-yiug for the prcccrfing twelve months. My interest rnlc will never be greater
tlw-r 13.000X.
(E) Lffcclivc Dalc of Chaogcs
My new interest rate will become eReclivc on eacl- Clu~uge Date. 1 will pay the au-ounl of my ucw uwaU-ly
payu-cnl beginning on ll-c first uronlhly payn-cut daft a(icr the Cluv-gc Datc unlit the amount of ufy wmuhly
payu-cut changes again.
(F) Nulicc of Chsmgcs
The Nole Holder will deliver or mail to me a uolicc oCany clr:mges iu ray interest cafe and the amount oC my
monthly paynreul before the effective date of any change. The uolicc will include infonualion required by law to
be given n-c aad also the title and lclcplronc Dumber of a person -vho will answer any question l sway h;rve regarding
llrc uolicc.
11.1'RANSFEIt OF'fllE 1'ROPEItTY OR A BENEFlC1AL IN7'EIiES'1' 1N BORItUW ER
Uaiforn- Covenant 17 of the Security Instruu-cnl is anrcndcd to rc:rd as Colloa's:
Transfer of the Property or a Beneficial Interest in Borrower. (fall or any part of the Property or any interest
in it is sold. or transferred (or iCa beneficial interest in Borro+vcr is sold or transferred and Borro+ver is uol a ualurnl
pcrsoa) without Lender's prior written consent, Lender way, al its option, require immediate payme-it in full of
all sums secured by this Security InslrumelU. Eio+wyer, ibis option shall uol be exercised by Lender if exercise is
prohibited by lateral law as of the dale of this 5ecurily Instrument. Leader also shall not exercise ibis option if:
(a) Borrower causes to be submitted to Lcudcr information required by Leader to evaluate the inlcoded transferee
as iC a new loan +vcrc being made to the lra--sfcrce; and (b) Lcudcr reasonably determines that Lender's security
will not be impaired by the loauassumptiou and that the risk oCa breach oCanycove-raul oragrecmeut iu this Security
L-strun-ent is aa;eptablc to Lender.
To the extern permitted by applicable law, Lender pray charge a reasonable fee as a condition to Lender's
consent to lire loan assumption. Lender may also rcquirc the transferee to sign an assumption agreement that is
acceptable to Lcudcr arsd that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security h-slrumcut. Borrower will continue to be obligated under the Notc and ibis Sa;urily lnslrun-ent
unless Lcudcr releases Borrower jn writing.
If Lender exercises the option to rcquirc inuncdiatc payu-emt iu full, Lcudcr shall give Borrower notice oC
acceler:uiou. The notice shall providca period of not less than 30 days from the date the uolicc is delivered or mailed
within which Borrower muss pay all souls secured by ibis Security Instrument. If Borrower fails to pay these sums
prior to the expiration of ibis period, Lender uray invoke any rcnrcdics pcnnillcd by this Security Instrument without
further uolicc or dcm:urd on Borrower.
• BY S(CNINC BCLOW, Borrower accepts and agrees to the (cross aad covenants contained iu this Adjustable
!talc Itidcr. ~~~0`ZOl .
HAROLD L. KIL ORE
,,~~..~~ L!'Y1 fC.,~a.
RAY LE1NE M . ALL ' N
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YMI'-821A (8807) Fanu 3108 3/85
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~~
Farwest Developers, Inc.
Marty Goldsmith
4550 W. State Street
Boise, Idaho 83703
Sally D. Martin
2680 E. Victory Road
Meridian, Idaho 83642
John Stanley Shipley
2770 S. Locust Grove Road
Meridian, Idaho 83642
Clayton & Susan T. Record, III
1760 E. Victory Road
Meridian, Idaho 83642
Richard W. & Rhonda K. Coonse
2000 E. Victory Road
Meridian, Idaho 83642
Morganer E M Rev. Living Trust
4526 Bethel
Boise, Idaho 83706
v
~Mazk & Kimberly M. Carrington
2955 S. Locust Grove Road
Meridian, Idaho83642
Frank & Vickie M. Stoppello
782 Arlington Drive
Eagle, Idaho 83616
Floyd & E. Yvonne Chandler
1760 E. Victory Road
Meridian, Idaho 83642
Marvin & Nancy J. Hansen
2460 E. Victory Road
Meridian, Idaho 83642
Marguerite M. Agnew
1560 E. Victory Road
Meridian, Idaho 83642
Clifford D. Babbitt
11881 W. Amith Road
Boise, Idaho 83709
Harold L. Killgore
Richazd & Linda E. Schaffer
11217 Bazden Tower Road
Boise, Idaho 83709
Intermountain Gas Company
P. O. Box 7608
Boise, Idaho 83707
Chazles L. & Mary M. Creech Mary Lou &
2310 E. Victory Road Chazles & Vickie Richazdson
Meridian, Idaho 83642 1835 E. Victory :Road
Meridian, Idaho 83642
Torry & Carrie Mcalvain
1975 E. Victory Road
Meridian, Idaho 83642
f4aY-14-1997 t~r~ : , ~ ~ ,~; ,
F ~~ ~ • TO • 8985947 P. 03
AFFIDAVIT OF LEGAL INTEREST
STATE pF IDAHO )
) ss
COUNTY OF ADA )
I, _Richa~l S. or Linda E. Schaffer 1760E Victory Road
Name ~ Address
Meridian _ ___Idaho ,being first duly swam upon
(city) (state) oath, depose and say:
1
2
That i am the record owner of the property described on the attached, and I grant my
permission to
The Westpark Company Inc_.__P_0., Bo_x 344, Meri_dian3_Idaho 83680
(name} (address)
to submit the accompanying application pertaining to that property.
I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this :,p ~ day or _ ., ~ g~~_
(Signature)
SUBSCRIBED AND SWORN to before me the day and year frst above written.
e-
<.
Notary Public for Idatyo
Residing at ~ rr~ .~~:
My Commission Expires: ~',~'
5
FRUr•: TO •
AFFIDAVIT OF LEGAL iNTE~tEST
8889947 P.03
STATE QF 1DAH0 )
ss
~ ; ,a -
"`COUNTY Of ADA )
~~
~~~ ~ . ,
~~~~
~~; I,, Harold L. Killt~ore F, Ravelene M. Allen 2000E Victory Road
~~~.,.~~ > Name Address .
r~~ -
- Meridian, Idaho ,being first duly sworn upon-
(city) (state) oath, depose and say:
1.. That i am the record owner of the property descried on the attached, and I grant my
permission to •
M,,; _
}x
The West ark omFanv Inc.~;:~~ Box 344. Meridi n, Idaho 83080
(name) (address)
to submit the accompanying application pertaining to that property.
2. # agree to indemnify, defend and hold the City of Meridian and it's ernpioyees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the applica#ion.
.: Dated this ~ `~ day or i~ ~. 1 g C~
:: (Sign ure)
SUBSCRIBED AND SWORN to before me the day and year first above written.
~~
Notary Public for Idaho
Residing at -~~-~-~s
My Commission Expires: ~ ~ ~~
5
MIaY-14-19'7 ~_~~~+: ^1 Fr^...Clf~l•
TO • 8~U99=17 P. 03
AFlrIDAViT OF LEGAL iNT~REST
STATE OF IDAHO )
- ) ss
COUNTY OF ApA )
I Clayton or Susan Record 2384 E. Victory Road
Name Address
Meridian _, Idaho ,being first duly sworn upon
(city) (state} oath, depose and say:
1. That f am the record owner of the property described on the attached, and i grant my
permission to
The West ark Company Inc____, _ P.O. Box 344, Meridian, Idaho 83b80
(name) (address)
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and ft's employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the' subject of the applica#ion.
Dated this ~ c1 day of _ ~ Ay , 19 Q ~
ign ture)
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary ublic for Idaflo _
Residing at - ,~,!
F~ty Commission Expires:. ~' ~'
-~~
5
ORDINANCE NO.
AN ORDINANCB OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH 1/2, SW 1/4, SECTION
20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,. ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
c ; .~, ,~:
i U `'
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council v
of the City of Meridian, Ada County, Idaho : , - - • ~ =_ .. _ ; •
Section 1. • • ~ ~ ~~ ~ •' ` `'
That the real property described as : ; p; ~;
A parcel of land being a portion of the South 1/2 of ~~'G~ G~,
Section 20, Township 3 North, Range 1 East, j x,s~e ~~, _ 0
Meridian, Ada County, Idaho, said parcel being ` imd~e ~ ° ~~~ j~ ';` ~l
particularly described as follows: ~ - ~~ -_~~~~~~~
Commencing at the iron pin marking the corner common to ~ ~ ~ ~ ~- • _ ~ .: ~ ~ r
Sections 19, 20, 29 and 30, T. 3N. , R. lE. , H.M. , Ada
County, Idaho;
Thence N. 0°44'50" E 1,327.36 feet to an aluminum cap
marking the south 1/16 corner common to said Sections 19
and 20, said point being the REAL POINT OF BEGINNING;
Thence S 89°49'11" E 2,228.88 feet along the north line
of the South 1/2 SW 1/4 of said Section 20 to a point on
the centerline of the Ridenbaugh Canal;
Along said centerline the following courses and
distances;
Thence S 20°43'05" E 111.76 feet to a point of curvature;
Thence along a curve to the left 168.45 feet, said curve
having a central angle of 12°52'06", a radius of 750.00
feet, tangents of 84.58 feet and a long chord of 168.09
feet which bears S 27°09'08" E to a point of tangency;
Thence S 33°35'11" E 233.60 feet to a point;
Thence S 52°22'11" E 44.27 feet to a point;
ANNEXATION ORDINANCE - SHERBROORE HOLLOW SUBDIVISION PAGE 1
•
Leaving said centerline;
Thence S 0°25'48" W 206.24 feet to a point;
Thence N 89°34'12" W 538.36 feet to a point;
Thence S 0°34'22" W 126.54 feet to a point;
Thence N 89°32'04" W 639.99 feet to a point;
Thence S 0°34'2.4" W 531.00 feet to an Aluminum Cap
marking the west 1/16 corner common to said Sections 20
and 29;
Thence N 89°34'22" W 388.90 feet along the line common to
said Sections 20 and 29 to a point on the centerline of
the Eight Mile Lateral;
Along said centerline the following courses and
distances;
Thence N 3°04'10" W 319.40 feet to a point of curvature;
Thence along a curve to the left 155.25 feet, said curve
having a delta of 74°07'42", a radius of 120.00 feet,
tangents of 90.64 feet and a long chord of 144.65 feet
which bears N 40°08'01" W to a point of tangency;
Thence N 77°11'52" W 523.60 feet to a point;
Leaving said centerline;
Thence S 89°22'14" W 323.49 feet to the line common to
said Sections 19 and 20;
Thence N 0°44'50" E 792.41 feet to the REAL POINT OF
BEGINNING of this description, said parcel containing
48.70 acres, more or less.
is hereby annexed to the City of Meridian, and is zoned R-4
Residential; that the reason for the R-4 zoning is to allow
development for a single family residential subdivision to be known
as Sherbrooke Hollow Subdivision; 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; that all
ANNEXATION ORDINANCE - SHERBROORE HOLLOW SUBDIVISION PAGE 2
•
•
ditches, canals and waterways shall be tiled including those that
are property boundaries or-only partially located on the property.
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, 19.94.
c. That, as a condition of annexation and rezoning, the
Applicant shall be required to enter into a development
agreement as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address inclusion
into the development the requirements of 11-9-605 of the
Revised and Compiled Ordinances of the City of Meridian
and other matters; that the property may be de-annexed if
the terms and conditions of the Development Agreement are
not satisfied.
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, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That the Applicant shall meet the requirements and
conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the City of Meridian.
g. That the Applicant shall place sufficient fill
dirt on the land adjacent to the land owned by
John Shipley, and his wife, so that there
shall be no drainage of water from the annexed
property onto the property owned by Mr. and
Mrs. Shipley.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
ANNEXATION ORDINANCE - SHERBROOKE HOLLOW SUBDIVISION PAGE 3
• •
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this l y ~~ day of August,
1997.
APPROVED:
Y -- ROBERT D. CORRIE
ATTEST:
CITY CLERK -- WI AM„ G. ~ BERG, J$'.
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ANNEXATION ORDINANCE - SHERBROORE HOLLOW SUBDIVISION PAGE 4
•
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, a7R., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above. and foregoing
is a true, full and correct copy of an Amended Ordinance entitled
"AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH 1/2, SW 1/4, SECTION
20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No.
by the City Council and Mayor of the City of Meridian, on the
y~'ti- day of August, 1997, as the same appears in my office.
DATED this
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of August, 1997.
8~i~
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STATE OF IDAHO,)
ss.
County of Ada, )
City Clerk, City of'Meridian
Ada County,. Idaho
On this ~~~~' day of August, 1997, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, aTR., 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. ~.~~~~«,,,,
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Meridian City Council
August 19, 1997
Page 16
ROLL CALL VOTE: Morrow-Yea, Rountree -Yea, Tolsma -Yea, Bentley -Absent
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision.
Rountree: Mr. Mayor, I move that it is decided the variance applied for are hereby
granted, but the applicant shall meet these findings of fact and conclusions of law.
Tolsma: Second
Corrie: Motion is made and seconded on the decision as read, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE #767 -MERIDIAN ASSEMBLY OF GOD REZONE:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH
IS DESCRIBED AS A PORTION OF THE SW'/. OF THE SW %4 OF SECTION 1, T.3N,
R.1W OF BOISE MERIDIAN, IDAHO;. AND PROVIDING FOR AN EFFECTIVE DATE.
Is there anyone here from the audience who would like to have Ordinance #767 on the
rezone annexation ordinance of the Meridian Assembly of God read in entirety?
Hearing none I will entertain a motion from the Council.
Morrow: Mr. Mayor I move that we adopt Ordinance #767 with suspension of rules.
Tolsma: Second
Corrie: Motion has been made and seconded that we adopt Ordinance #767 with
suspension of rules, roll call vote. .
ROLL CALL VOTE: Morrow -Yea, Rountree -Yea, Tolsma Yea, Bentley -Absent
MOTION CARRIED: All Yea
ITEM #9: ORDINANCE #768 - SHERBROOKE HOLLOW ANNEXATION:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE S '/, SW %4, SECTION
20. T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN
EFFECTIVE DATE. Is there anyone from the audience who would like to have
4 y
Meridian City Council
August 19, 1997
Page 17
Ordinance #768 of Sherbrooke Hollow Subdivision read in its entirety? Hearing none 1
will entertain a motion for its acceptance or rejection.
Morrow. Mr. Mayor, I would move that we approve Ordinance #768 with suspension of
rules.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to accept Ordinance #768
with the suspension of rules, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow Yea, Rountree ~ Yea, Tolsma -Yea, Bentley -Absent
MOTION CARRIED: All Yea
ITEM #10: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY
WESTPARK COMPANY; TABLED AUGUST 5, 1997:
Corrie: As I mentioned it was requested to be tabled by the Sherbrooke Hollow
Subdivision planners. Council, I will entertain. a motion.
Morrow: Mr. Mayor, I would move that we table item #10 the preliminary plat for
Sherbrooke Hollow Subdivision by Westpark Company as requested by Briggs
Engineering.
Tolsma: Second
Corrie: Motion made and seconded that we table item #10 until the September 2"d
meeting, any further discussion?
Morrow. Mr. Mayor the motion may have erred in terms of who asked for the table,
could we have Shari comment please?
Stiles: Mr. Mayor and Council the staff was the one that requested per the memo that
you got tonight requested that it be tabled to clear up some of the items. They haven't
applied for a variance yet on some things that they were requested to apply for a
variance on. They are also missing some soil profiles and some information on the
ground water. I believe that in order for that plat to be approved we would need to see a
revised copy of it that incorporates some of the staff and agency comments particularly
the relocation of a road onto Locust Grove.
Morrow. My motion was incorrect and I wish to withdraw it.
Tolsma: Withdraw the second.
Meridian City Council
Au ust 5 1997 •
9 ,
Page 18
ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7
ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF
VICTORY ROAD:
Corrie: I will open the public hearing and invite the representative from Westpark to
testify first.
Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Bowcutt: This property probably looks familiar to you, it came before you I think about
two years as the western portion of Highlands Ranch Subdivision. At that time they
were asking for annexation and rezone of the western portion and the eastern portion.
They had a preliminary plat and I believe they were going for multiple different type
zones ranging from R-4 or R-8, R-15, I believe they even requested some commercial
and office and so forth. What is before you this evening is this western portion. We are
requesting an R-4 zone of the entire property. We are contiguous with the City limits
right here is Salmon Rapids Subdivision, this is their phase four the final plat that came
before you about 2 to 3 months ago. So we are contiguous at this point. The property is
bounded here by the Eight Mile Lateral and to the east this is the Ridenbaugh Canal it
has frontage on Victory and Locust Grove. What we are requesting is annexation,
rezone to R-4 and then preliminary plat approval for 140 lots. The acreage on this
property is 48.7 acres we have 5.23 acres in common area. The number of buildable
lots is 140. These are all single family dwelling lots, all of them meet or exceed the
8,000 square foot requirement of the R-4 zone. They all meet the 80 foot of frontage.
The density that we are proposing is 2.87 dwelling units per acre so we have what we
consider a pretty low density compared to some of the other projects that jump up over
3 or 3.5. Do you have any questions that I can answer concerning the annexation, I
don't want to go into the plat since I will have to do it again. I don't believe that we are
hearing these concurrently are we?
Corrie: The plat will be next. Council questions of Ms. Bowcutt?
Rountree: Concerning the boundary on this particular one the rectangular block on the
southeast corner is not part of the description of.this property is that correct?
Bowcutt: This part right here, no sir, unplatted zoned RT. This is not a part RT, this is
not a part zone RT, R-4 across the street, it is R-4 right here Los Alamitos Subdivision
and this is the Stoppello property right here. Water is right here at the Eight Mile Lateral
it will be extended to this point into Salmon Rapids and sewer wilt come out of Los
Alamitos through Mr. Stoppello's property. We have been negotiating with him for quite
a few months now. We have done, a lot layout for him. We .have done a topographic
survey of his property as evidence that he could sewer into that Nine Mile Trunk line.
And verbally he has agreed and I think I put in my statement to the City Council that we
will provide a written easement for the City Attomey and the City Engineer for their
review.
Meridian City Council •
August 5, 1997
Page 19
Corrie: Any further questions? Thank you Becky, anyone from the audience that would
like to issue testimony at this time?
John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney.
Shipley: This came before Planning and Zoning a couple of months ago. I had stated
some concerns at that time. My south property line goes back I think there are going to
be 12 or 13 houses on that property line. There is currently a farmers drain ditch that
goes all down my property line on that property. Which is a buffer for irrigation water
that (inaudible) through the rocky terrain in that point in my (inaudible) I get a large
quantity of water subbing up into those lots that will be on that other side. I would like
some assurances from the City Council that there will be some kind of a drainage
system put in place there since that is an existing water track that goes into the Nine
Mile Drain there. So that somewhere in the future if I am flooding out one of the
neighbors and they decide to litigate against me that I don't have to hire a lawyer and
defend myself for something that I have always done. I .can't condone this property until
I get those types of assurances. I think they have covered the fencing. I bum my ditch
and my fence on that side and there was something about anon-combustible fence. I
have heard that already but I haven't gotten anything in writing about the water. When
they brought it before Planning and Zoning they said that the water was a lot deeper
than it really is at that point. There is one of them plastic perf pipes in the side of my
back porch and I walked over there before I came to this meeting and lifted the cap off
and looked down and I can see the water that is up to about 15 to 18 inches from the
surface at that point. So that denotes the cattails that grow there. I wouldn't want some
other young person to buy a lot there and build a house there and then decide that my
irrigation water was causing them trouble. If I can get something in writing or something
along that I would condone this project. That is all I have to say.
Corrie: Thank you, questions Council?
Morrow. No, 1 have none for Mr. Shipley I will ask that of Ms. Bowcutt.
Corrie: Anybody else from the public that would like to issue testimony at this time?
Nancy Hanson, 2460 East Victory Road, Meridian was sworn by the City Attorney.
Hanson: I will just read my concerns to you it is a little better than trying to adlib. This
voices some of our concerns regarding the above development. Although the developer
is now being more responsive to neighbors issues our main concerns remain as those
voiced in response to earlier applications by Westpark Company. First Meridian is
growing too quickly, dense development of this rural community wastes farmland and
puts too many demands on the small town's core resources. Although these new
properties and citizens in the community theoretically increase the tax base it cannot
keep pace with the increased demands of burgeoning schools, crime, fire and requests
Meridian City Council •
August 5, 1997
Page 20 -
for other city resources. Second, water even though from a city well is still a concem to
us because every time a well is drilled to take water from a new source the old source
loses some of its supply. Many of us have fairly shallow wells and do not want the
expense and hassle of wells drying up. We also do not want to hook onto City water.
Both re-drilling and hooking to City water are extremely expensive processes and we
have already invested heavily in our existing well. Third, we also worry about the
increased traffic volume generated by a 139 single family dwelling lots. If each of the
139 families makes the allotted norm of 10 vehicle trips per day another 1390 cars
travel to and from the area each day. Fourth, inevitable growth and development does
not necessarily mean this farm land really needs annexation into the City and zoning of
an R-4. Luxurious houses on large lots increase the tax base without straining the core
services. Allowing this property to remain under Ada County jurisdiction would allow
development of 1 acre to 5 acre lots keeping the density down and more closely
following the comprehensive plan which states existing rural land uses and farm
ranches shall be buffered from urban development expanding into rural area by
innovative land use planning techniques. New urban density subdivisions which abut or
are approximal to existing rural residential land uses shall provide screening and
transitional densities with larger, more comparable lot sizes to buffer the interface
between urban level densities and rural residential densities. In summary we
recommend that you the City Council follow the comprehensive plan and say no to the
developers requesting annexation of farm land for dense subdivisions.
Corrie: Thank you, any questions or comments of Council? Anyone else from the public
that would like to issue testimony at this time? Seeing none I will close the public
hearing.
Morrow. Mr. Mayor, before we close the public hearing I would like to hear Ms.
Bowcutt's response.
Corrie: Okay, I will re-open the public hearing.
Bowcutt: Mr. Mayor and Councilman Morrow, I have been in contact with Mr. Shipley,
we have talked in person, we have talked over the phone on at I think at least two
occasions. I have walked that property myself, I was out there again this morning
walking along the perimeter looking at the ditches and stuff because I hadn't been out
there for a couple of months. There is water out there, there are some of those
drainage ditches that are leaking. They are small ditches that pick up the drainage
water. Mr. Shipley's water comes off the Eight Mile lateral it runs across on our
northwest corner and then turns and goes east toward the Nine Mile Drain. There are
also a couple of small like drainage or waste ditches that look like they pick up the water
when they irrigate the alfalfa. Those ditches are terribly overgrown. One of them kind of
dissipates and the water just kind of goes all over the ground. It doesn't go anywhere it
just terminates. The other one continues on. I think we can coordinate with Mr. Shipley
and work something out. He and I talked about possibly doing some minor berming like
a couple or two foot berm or something. Because his number one concern was he didn't
Meridian City Council ~ •
August 5, 1997
Page 21
want to damage anyone's property with his agricultural irrigation water. So I think we
can work something out. The other land owners that I have talked to in that vicinity we
have addressed it in this same fashion. That we work with them to make sure that their
drainage water their tail water continues on making sure if they are a little bit higher than
our property with a little bit of a berm and so forth. So I think that is something we can
work out to his satisfaction and the City Council's.
Morrow. And the issue with respect to the water table and the lots?
Bowcutt: We have five monitoring tubes out on the property, they have been there, they
were installed in January. That is the first thing that I recommended that my client do.
They have retained a licensed hydrologist and geologist who is monitoring those on a
monthly basis. The water table is deviating obviously with the. seasons it is ranging from
some places it is 9 feet some places it is 6. Up by Mr. Shipley's property where that
water is running across the surface of the ground the pesometer readings are high. The
notation that he made in his last log report that he faxed, to me was that he believe that
surface water was getting into the test hole that is where it was coming from. We also
have to kind of fill that area. It is kind of low right in there. If you have noticed Locust
Grove sits real high and then that property just drops off. 1 talked to Mr. Johnson about
probably going in and putting a little bit of fill in there to kind of bring that elevation up a
little bit. So it is more consistent with the rest of the property.
Corrie: Any further discussion Council; questions of staff?
Morrow. Mr. Mayor, are there any comments that you might have Gary?
Smith: No I don't.
Morrow. We do have provisions that should this get to the preliminary and final plat
stage we have provisions with respect to ground water and notifications and so on and
so forth. That can take care of that issue.
Smith: Yes
Morrow. We would also then review the solutions to the drainage problems that are
being discussed here by Mr. Shipley.
Smith: Yes
Bentley: I have a question for Gary, sewer capacity is adequate to handle this project?
Smith: I think with the increased capacity, treatment capacity that we are engaged in
right now at the waste water plant we don't have a problem with this.
Corrie: Any further questions? I will close the public hearing.
Meridian City Council
August 5, 1997
Page 22
Morrow. Mr. Mayor, I would ask the City Attorney if there has been substantial enough
change in testimony or enough testimony that it would merit a change in the findings of
fact and conclusions?
Crookston: No there has not.
Morrow. That being the case I would move that we adopt the findings of fact and
conclusions as prepared for us by P & Z.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of
fact and conclusions of law prepared by Planning and Zoning, roll call vote.
ROLL CALL VOTE: Tolsma -Yea, Rountree Yea, Bentley -Yea, Morrow -Yea
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision and recommendation.
Morrow. Mr. Mayor, I would move that the City Council of the City of Meridian approve
for annexation and zoning under the conditions set forth for 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. That
if the applicant is not agreeable with these findings of fact and conclusions of law and or
is not agreeable with entering with a development agreement the property should not be
annexed. The development agreement would also include a resolution to the draingage
issues with respect to the Shipley property.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and
recommendation, any further discussion? Hearing none, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: We need a motion for an ordinance.
Morrow. Mr. Mayor, 1 would move that we instruct the City Attomey to prepare an
annexation ordinance for the annexation and zoning of the 48.7 acres to R-4 by
Westpark Company.
Bentley: Second
Meridian City Council
August 5, 1997
Page 23
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to request the annexation
ordinance be drawn up, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST
GROVE ROAD, N. OF VICTORY ROAD:
Corrie: At this time I will open the public hearing and invite the representative Becky to
come forward again.
Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Bowcutt: The previous application that came before you a couple of years ago on this
western side had approximately 171 lots, depending on which version you looked at
anywhere to between 160 to 171 it may have varied from time to time. We have 140 so
the number of lots has been substantially reduced and that was due to bringing into
compliance with the R-4 standards, the 8,000 square feet and the 80 foot of frontage.
The property is extremely peculiar in shape and-was one of the more difficult ones that I
worked with to lay it out. The standards of the 80 foot frontage, maximum culdesac
length of 450, trying to keep -our block lengths reasonable was difl•tcuft. We met all of
the criteria with the exception of the block length and we tried some varying ideas and
to no avail and this was basically the best that we could do with the property. We have
provided some intermittent lots these would be landscaped they would be common lots
owned by the association. They are basically situated in areas where they could be
utilized for storm drainage. Out in this vicinity we know that we have got to have some
common areas in order to store some of that storm drainage. We have got one, this
drainage lot here, the Nine Mile Drain is right here so that would give us an opportunity
to have some type of an overFlow for the pre-development drainage. When we drafted
this particular layout, one of the things I did was I went through and read the history of
the prior applications. The minutes, testimonies that were given at the public hearings,
the comments from the Planning and Zoning Commission members and the City
Council. One of the main things that stuck in my mind was the lack of communication
with the adjoining neighbors. They seem to be quite offended that no one had ever
taken the time to meet with them, discuss the application, take their comments and then
respond to them in some type of a written form. I did notify all property owners within
300 feet. We held a neighborhood meeting here in Meridian at Westpark Company's
office so it would be more convenient than my office for them to attend. I think we had
about 6, 7 or 8 people that attended. We talked about various items such as traffic,
densities, lot sizes, drainage, irrigation, fencing and so forth. They asked for certain
things like copies of the traffic study, copies of the initial ground water analysis. Copies
that they could have at their home to look at and get a good idea of what we are
proposing. All of that information was sent out to these people and I did respond to them
in writing and I think at the Planning and Zoning Commission meeting that letter was
~ ~
MERIDIAN CITY COUNCIL MEETING: August 5 1997
APPLICANT: Westaark Co. ITEM NUMBER: 13
REQUEST• Request for Annexation/Zoning of 48 7 acres to R-4 (Sherbrooke Hollow)
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
COMMENTS
P 8~ Z MINUTES FOR 6-10-97
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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:
OTHER:
"REVIEWED"
SEE ATTACHED COMMENTS ~' ~~
~ Sy?,C~ ~ ~.~
r
SEE ATTACHED COMMENTS ~ ~,~
SEE ATTACHED COMMENTS
1~~~~
SEE ATTACHED COMMENTS ~'
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoning Commission
June 10, 1997
Page 43
Borup: Normally the comments would be in a week before the meetings so the Tuesday
before so that would be July 1St is that the proper date? Thank you
FIVE MINUTE BREAK
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7
ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF
VICTORY ROAD:
Borup: Is the applicant or his representative here?
Van Elg, Briggs Engineering, 1.111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I guess we are here for the annexation request, Becky Bowcutt is in route, she is
probably over Nevada right now in an airplane. She was to be here tonight so I will fill in
as best I can. The annexation request as I understand it is an existing RT zone with the
request to R-4 zoning. The surrounding zoning is compatible with surrounding zoning in
Los Alamitos and Salmon Rapids and is contiguous with the Salmon Rapids project and
that is the route for the annexation request. According to the comprehensive plan it is
compliance, it is an excellent transition are for annexation of this type. We can get into
the lot size requirements in the next application I suppose. The proposed density for
this development is 2.87 dwelling units per acre which is consistent with development in
the Locust Grove area. It is consistent with the comprehensive plan also in that it is
right for rezoning and eligible for rezoning if the appropriate services are available. In
this case sewer and water will be made available to this property. It is identified on the
comprehensive plan map for single family use which this development will use. With
that I will open myself up for any questions for the annexation and rezone.
Borup: Any questions from any of the commissioners?
MacCoy: We have seen this property before.
Smith: I haven't seen this before.
Elg: It used to be called Highland Ranch, 480 some odd units I think it was.
Smith: Get me up to speed with the rest of the guys here. You walk me through what
you are proposing to do there. What, the greens space and so forth.
Elg: I think we will probably cover that in the next application.
Borup: That is what I was going to ask Commissioner Smith is do you feel comfortable
for waiting for the preliminary plat hearing or is that something you want covered before
we move onto the rezone?
• •
Meridian Planning & Zoning Commission
June 10, 1997
Page 44
Smith: Are we annexing in based on this proposed plan?
Borup: Normally I guess the questions have been pertaining to the development so I
don't think it would be inappropriate to continue along those lines. I think that would be
fine to go ahead and explore the preliminary plat aspects.
Elg: So we could be combining items 10 and 11 then.
Borup: As far as testimony yes, they are still two separate items but yes.
Elg: I will launch right into the preliminary plat which would be item 11 for purposes of
discussion and testimony I guess. On May 8th a neighborhood meeting was held in
accordance with Meridian's requirements. Becky Bowcutt attended that meeting. I
believe she said that 6 people attended the meeting from the nearby area. She
followed up with a letter to Mrs. Coonse I think it was which addressed fencing and the
right to farm. There is some concern about farming and the status of farming out there
as development moves outward. As is consistent with development along the fringes.
The applicant's of the developers have agreed to provide a perimeter fencing, non-
combustible six foot high fencing around the project. They have also agreed to provide
a statement on the face of the plat which is Idaho Code 3801 that talks about the right to
farm. Those of you who may not be familiar with that it just states that in a nutshell that
the people upon purchasing these lots recognize that farming is something that needs
to be dealt with and they agree not to complain about that basically when a tractor is run
or there are obnoxious smells that might be associated with that. In any event that is
what the right to farm act statement will do on the face of that plat. So if they come
calling to do and say you have got to do something about this stinky situation you can
point their nose back at the plat and say you bought into it buddy. Another issue, is
Becky has addressed the conditions or the staff's comments as is consistent with the
normal application we receive a set of general comments back from staff from Planning
or the engineering departments. Becky has gone to great length to address each of
those items one by one and you should have a copy of those on file. The letter was
addressed May 28 h to Bruce Freckleton and to Shari Stiles. I assume that each of the
Commission members, did they receive a copy of Becky's comments? Great. One of
the comments addressed the fact that about bridges. Let me go over to the map here.
There was a comment in staff's report that addressed a bridge across the Ridenbaugh
Canal. We have discussed that at length with ACRD and I discussed it this evening
with Karen Gallagher who was sitting here in the meeting on a couple of occasions.
She had indicated clearly and I also read ACRD staff report that a bridge, they do not
support the bridge crossing on the Ridenbaugh for a couple of reasons, actually 3
reasons. Number one they want the bridge further to the north. Number two the
topography of this site doesn't lend itself well to constructing a bridge there. This site is
lower than the site to the west or the west. Number three the cost of constructing a
bridge for this development is estimated at $300,000 to $500,000 which for 140 lot
residential subdivision is pretty difficult tad to swallow and spread across those lots. The
fourth item related to that would be that ACRD simply does not want to maintain a
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Meridian Planning & Zoning Commission
June 10, 1997
Page 45
bridge in that location associated with constructing a bridge right there. They are
required I believe, I have not seen engineering plans but I believe that there will be
another some sort of a crossing right here. So they are already going to be constructing
another sort of a bridge or crossing right there. across the Eight Mile Lateral which skirts
the south and west boundaries of the site. The site is also skirted as you can see over
on the east by the Ridenbaugh and that is where-the ACRD doesn't want the bridge
and then the Nine Mile Drain, you can't see this very well here but (inaudible) what the
owners and our engineers propose to do with that is leave that ditch open, there have
been some comments from I believe the Bureau of Reclamation indicating that they
prefer to leave that ditch open. Leaving it open adds some, there are some obvious
benefits to that in that it helps take any high ground water and drain it off the area there.
What they would like to do (inaudible) relocate that Nine Mile Drain within that open
space area that and that is one of the purposes for open space along that eastern
boundary there. It will be parallel with the Ridenbaugh Canal (inaudible). Becky's
comments address that also. We also discussed the bridge crossing, there was
concern that the bridge was necessary for life safety. Becky discussed this issue with
Kenny Bowers at Meridian Fire Department and he indicated it wasn't necessarily, he
wasn't requiring it. It was necessary in his view. Traffic, we addressed traffic through a
traffic study as required. Patrick Dobie provided that study to us and indicated that it
would be about 1300 trips per day, a little over 1300 trips per day generated with this
development at full development. The information was submitted to ACRD for review
and included in many of Mr. Dobie's comments were included in their staff package that
was presented to their Commission. Ground water monitoring has occurred in the area.
According to the individuals who prepared the ground water report, 1 am sorry I
misplaced their name. The Department of Water Resources has indicated that their
logs or their drawings and well log reports in the area tend to support a forty foot ground
water out in that area. (Inaudible) were installed to monitor ground water in that general
area and across the site. Little or no ground water was found that would be harmful to
the development of this project. That doesn't preclude the fact that there may be
according to some of the residents who are here tonight there apparently are some
surface ground water problems that will have to be adequately addressed. The Ada
County Engineer, 1 don't know how many of you have seen his most recent condition of
approval that he adds. Will John actually review drainage on this too Gary? ~ I don't think
he will, in any event we will work closely with Gary and we have John Priester the Ada
County Engineer's recommendations on ground water problems. Where there is a
potential of having ground within crawl spaces and basements. It is a very effective
document that we can use to help address this issue along with Gary and our engineers
we wilt adequately address that. It may involve some filling, raising of sites along the
northwest corner of the property and perhaps even along the southeast portion of the
property where there is apparently some other surface water problems in that area. In
staff's comments Becky specifically addressed item A1, which asks that you add a
condition of approval for piping variances if required. The Ridenbaugh Canal and the
Eight Mile Lateral are both sufficient size greater than 48 inches in size. To qualify for
that they be left open, if a variance is required Becky asks that you provide that as a
condition of approval for this project. We will comply. Also we will be addressing the
Meridian Plannin & Zorn Commission
9 9
June 10, 1997
Page 46
relocation of the Nine Mile Drain with Nampa Meridian Irrigation District and with the
Department of Water Resources. Item B1, addresses sewer I believe and there was
some concern I guess that we provide for sewer connection for the property to the north
I believe this location her and this location here. We have a (inaudible) Stoppello
property to the north. Item B3, Becky also asks that, we will probably need to enter into
a late comer agreement for this project for sewer. Gary would that be appropriate to
address as a condition of approval or do we simply address that as a separate issue
later on?
Eng. Smith: Mr. Chairman, Commission members, Van, I think it is best addressed at
the City Council level. They are the ones that actually approve the entering of a late
comers agreement and basically they can do that conceptually but the actual approval
of late comers agreement won't happen until there are hard costs.
Elg: Okay, we have been through that before. Item 63, there was a question about the
location of the irrigation facility as required by Meridian City ordinances this site will
have pressurized irrigation. The proposed pump location, I think Becky submitted a
new site plan or a revised preliminary plat. You will see down in the southwest corner of
the site a little box with an x in it, that is the at this time that is proposed location for the
pressurized irrigation pump facilities. That will be negotiated with Nampa Meridian
Irrigation District. (Inaudible) 612, we discussed there was some concern about a block
length requirement on South McKay drive which is this area here, I believe the culdesac
length was 450 length and that has been revised and addressed appropriately. There is
apparently another condition of approval or a staff comment regarding block length.
That is item 11 on about the third page of the response sheet. It says blocks 1, 2 and 3
and 7 exceed the 1000 foot block length. Shari I don't know that block 1 exceeds that
but that is one right off of East Lake Creek Street, that doesn't appear (inaudible). Then
I guess it would be appropriate, 1 was caught off guard with this condition as I was
sitting in the back. Shari has this been addressed to your knowledge?
Stiles: On number 1 yes, the remaining blocks still addressed the 1000 feet.
Elg: Two, three and seven, I will read Becky's statement on this then. Blocks 2, 3 and 7
exceed the 1000 foot block length. The unusual configuration of the parcels limit the lot
layout potential and creates longer block lengths. The Eight Mile Lateral creates a long
block since it inhibits the potential for stub street connections. (Inaudible). There again
if we were to provide a stub street or to limit that block length we would have to build a
bridge there and provide another stub. Block 7 abuts the Ridenbaugh Canal and two
micropath connections have been provided in this block to a proposed pedestrian
bridge. I didn't follow up on that previous comment. When ACHD as recommended or
didn't support the bridge across the Ridenbaugh canal it should be pointed out that they
do want us to provide or contribute to the trust fund for a pedestrian bridge across that
canal so it will provide for intra-neighborhood connections even though there won't be
vehicular access there will be pedestrian across that bridge. That is an important
element of the plan I believe. At a future date when the eastern portion of that site or on
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Meridian Planning & Zoning Commission
June 10, 1997
Page 47
the other side of the Ridenbaugh develops to the east they will be required to contribute
the other remaining half of that pedestrian foot bridge. Two micro paths are connected
or connections have been provided in this block to a proposed pedestrian bridge there
along the Ridenbaugh. The intent of block limitations is to minimize the walking distance
between blocks. We believe the .micro path connections to this block provide the
connection. Locust Grove entrance has been relocated to align with Lake Creek Street
in the proposed Salmon Rapids No. 4. This was a concem in previous applications, I
believe even in the Highlands Ranch application if I recall. There was a proposal
(inaudible) and I think it is probably obvious why that was intended. It probably
(inaudible) or minimize some construction there. The property owner to the north was
concerned with that and concerned that he also obtained a stub street from what I
understand and we complied with both of .those requirements. And aligned the street
with this road in Salmon Rapids. With that I believe that I have addressed or at least hit
on many of the issues that may concern you and or staff. I will try to address any
questions that you have.
Borup: Any questions from the Commission? I am still a little confused on Block 7, it
says it abuts the .Ridenbaugh canal. .(Inaudible) Unless our plans are different
(inaudible).
Stiles: When that new stub street was added you got a new block number.
Elg: Right, I just noticed that, we have block 8 up here and block 8 here.
Stiles: It is adjacent to the Ridenbaugh. When the revised plat was submitted they put
this stub street to the Shipley property it made that a block so they had to renumber
each of the successive blocks.
Elg: (Inaudible)
Borup: Really I think from my standpoint I would have a question for Shari then how
many of these concerns have been answered. Are there still some concerns on block
lengths or did Becky's comments answer those?
Stiles: They have addressed those in their. response but they still would need to have a
variance on the block lengths because they exceed the block length. As well as the
variance on the tiling of the ditches even though they meet the criteria the ordinance is
the all ditches, there is no set number. So they still would need to apply for that
variance.
Borup: You feel comfortable with their explanation with their compliance as long as they
proceed with the variance request.
Stiles: If they proceed with the variance and get the variance it is fine.
Meridian Planning & Zoning Commission
June 10, 1997
Page 48
Borup: That probably takes care of a lot of questions I might have had.
Elg: I guess what I would ask then is that we include that as a condition of approval.
And that variances be submitted and obtained.
Borup: Any other questions for the applicant at this time?
MacCoy: On the south side of Victory Road, I remember befoouehavehan entry dlane
around (inaudible) traffic pouring out there on Victory. Do y
design so that cars can get out of this project onto Victory?
Elg: I believe that staff's recommendations, Mr. Dobie's recommendations and those of
ACRD include a left turn lane on Victory Road into the project for stacking to help
minimize any tuning movements on Victory.
MacCoy: I know we had the pedestrian bridge b ust Grove Bible) automobiles and foot
traffic. Is there also an entry lane over for the Loc
Elg: I don't believe there is one there, although ACoHD~s feoq ~ foetu n ng movements
Grove be built out to a 6 lane road if I recall which w p
there. We have to provide dedicate enough fora 90 t e t age anti pat ng on that onlek So
was a 47 foot street section, it is for 6 lanes is what y
that would provide for turning movements there.
MacCoy: Do they give you any time setting for them?
Elg: For the construction, no,
MacCoy: We are looking at Locust Grove being expanded (inaudible)
Elg: Let me see if I can address that, this is i { eleotard f mprovements on Locust Grove
she says you had questions concerrnng the fu
and Victory Road. Ada County Highway District Plude reconstrucltion of the bridge o~er
Overland to Victory in 1999. This project would in
the Eight Mile Lateral. The project is currently liseedro ecCat tDh s timey Proposed fut ~e
plan. However no funding has been allocated to th p 1
right of way width for Locust Grove will be 90 feet an the road rwilabe Improved ntthe
Road construction is not in the ACHD five yea p ,
future with a 90 foot right of way and a 50 foot road section, 4 lanes.
MacCoy (Inaudible)
Elg: Locust Grove will have 5 lanes in 1999.
MacCoy: (Inaudible)
Meridian Planning & Zoning Commission
June 10, 1997
Page 49
Borup: Anyone else, any other questions for the applicant?
Smith: I am curious how this green space evolved. It kind of looks to me like somebody
shut their eyes and threw these greens dots on there and they just kind of landed there.
Elg: There is no question that there is some green space that occurs that way, but you
have probably seen a lot of it. We are trying to create a buffer along the Ridenbaugh
canal there, we know that we have to deal with the Nine Mile Drain over in that area
there. That is a given of why we have the green space over there. We have a green
space in the middle which will be identified as a common area. That is designed for
drainage purposes. Becky has reviewed that with our engineers to try to accommodate
drainage throughout the site to that to handle storm drainage. The other green spaces
there, here is another drainage lot up in this area here. These other ones are simply
identified as landscape areas that the homeowners association will maintain. This one
you can see is a little bit larger than the others one, it is being reserved it is not
identified right now but it is being reserved for potential drainage their also.
Smith: So the homeowners association will maintain all of those areas. This kind of
leads me into my next comment. The letter from the Meridian School District
specifically statement Mary McPherson elementary is at 119% capacity. This
subdivision will cause increased overcrowding in all three schools which they are talking
about Mary McPherson elementary, Lake Hazel middle school and Meridian High
School. What are you proposing to do to address that?
Elg: We aren't at this time, we encourage developers as they approach us we let them
know this is an issue. The school districts would like to address that would like to have
the legislature address that issue through the means of impact fees or something. Mr.
Borup is probably well aware of that situation. We have been in numerous meetings
with the school boards where they discuss their concerns and try to address the
problem. At this point we have no response for that, that is their standard form letter that
they send out for every subdivision be it 2 lots or 200 lots. But
Smith: This is pretty site specific, they may have a standard form letter where they might
say it is going to impact their schools and it will even if it is 2 lots. I guess I am just kind
of disappointed that this seems to be an application of business as usual we are not
going to do anything more than the minimum that we are required to do by law. So
therefore that is the way (End of Tape)
Elg: (Inaudible) 5 to 12 acres of site by the time you put up a school area and a park, if
required. It simply doesn't make sense to dedicate that kind of acreage on every project
that comes in even if it was a 2 or 3 acre project there still has to be some sort of reason
to the madness I suppose to dedication of property to accommodate school facilities.
Even though we may have wanted to dedicate, even if this developer said I would like to
dedicate 5 to 12 acres of property to you for school building they may not have
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Meridian Planning & Zoning Commission
June 10, 1997
Page 50
accepted it, it may not have been a piece of p~P„n tthat your comprehensve plan
such close proximity to this school. That is so g
map I believe addresses as far as potential locatoos{ re sonable sch'oorl locat ons would
trying to address that issue where the best and m
be.
Borup: Are you familiar with the current s{hat second site been or do you kno ivy? there
and they were talking about a second. Has
Elg: The one across the street?
Borup: The one to the north?
Elg: I am not familiar with the second one.
Borup: Is there another one across the street?
Elg: Well I was thinking there is another one on Victory and Eagle.
Borup: An existing school or a new site?
Elg: A new school site.
MacCoy: At one time you were talking about people before you up I the northeast
corner betting part land there and then the developer north of you was going to give the
other part. I know that the school board Gamer of Overland and Eagle foh an eaement ry
the time, but they chose to go up to the com
school and that is where things stand at this time. Of course no money , no plan no
anything. They put their (Inaudible).
Smith: I don't mean to get on a soapbox here because I could be here for quite some
time. The only other question I have is what were the parameters that lead you to
develop this parcel to this particular density or proposed developing to this particular
density.
Elg: I have to admit that I don't know that, Becky would be the one who knows that. She
designed it with our engineer. I might point out though that the R-4 zone allows for a
minimum lot size of 8,000 square foot and the vast majority of these lots are
considerably more than 8,000 square feet. Many of them are 9,000, 10,000 square foot
range or more. So as you can see they are not maximizing the density at 2.87 I believe
it was dwelling units per acre in the zone. They are trying to provide instead of your
standard postage sized stamp lots we are providing a little bit larger lot. Perhaps a
better product is what we are hoping for.
Borup: Any other questions at this point?
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Meridian Planning & Zoning Commission
June 10, 1997
Page 51
MacCoy: There was a discussion the past time we looked at this land or in the
southeast corner general area. The developer providing land for a fire house.
(Inaudible) have you entered into anything else at all.
Elg: No, nothing. In Kenny's comments I didn't see anything about that either.
MacCoy: I know we are talking about one down at Hickory Corner.
Borup: Thank you, this is a public hearing and we appreciate the patience of everyone
here. I think you can see why we split half of our testimony to next week instead of
trying to do it all tonight. I there anyone here from the public that wishes to testify?
Rhonda Coonse, 2000 East Victory, Meridian, was sworn by the City Attorney.
Coonse: I just have comments that I want to go down on record. This may or may not
be the appropriate time but t don't know when. So I saw the public hearing and thought I
would come. I moved to Meridian, we moved to Meridian a year ago in February from
southeast Boise and I love it here. I am not farming but I am farming but 1 am really
enjoying some animals that I couldn't have in the City. I just have a couple concerns,
140 houses to me means 280 cars coming out on Victory and Locust Grove. That much
traffic on Locust Grove and Victory there is a 4 way stop right now there. I am kind of
wondering about the traffic and perhaps a light. Mr. Elg mentioned Nine Mile Creek
(inaudible) the property is (inaudible) I am concerned about moving that irrigation water
so that I don't get irrigation. The water comes across Victory right here in a small
drainage. It is a very large open pond with power here that we have (inaudible)
sprinklers off of that. Then the water comes along (inaudible) I talked with the developer
because the (inaudible) open water is eroding my fence posts all along here. I realize he
can the that but my concern is that pond. The third concern that I have is with the fence
and you mentioned the non-combustible fence. He said I had a choice and I want to go
down on record I would like a 6 foot privacy vinyl fence (inaudible). I guess that is really
about it, those are the only comments. But the water really does bother me because you
don't see this at all. It is just an open pond with a pump that I am irrigating water out of.
Then I haven't seen (inaudible) Thank you
Borup: Any questions?
Smith: Is your concern about the pond that you will still be able to access irrigation
water from it?
Coonse: Yes, they just came in this Spring, I don't know who did this but they and I
don't know if this is Nine Mile, it is not the Ridenbaugh but I don't know if this is the Nine
Mile. They actually brought some back hoes in here across Victory and laid down a
bigger culvert here. They have had problems apparently in the past, I have only lived
here for a year, a little over a year. They have had problems here with the water backing
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Meridian Planning & Zoning Commission
June 10, 1997
Page 52
up into, there is a huge farm over here in the fields over here. I believe they put in a
bigger culvert here but this water the can h na edible) how do youstile a pond. size pond
there. I am afraid, I can understand
Borup: I have a question, is the pond on the other property?
Coonse: It is right down the middle.
Borup: The pond does show edible Islahatustraddl ng the property also~~ it on your
property, other than maybe (Ina )
Coonse: The fence line goes actually (inaudible) fence line really
(Inaudible)
Richard Wade Coonse, 2000 East Victory, was sworn by the City Attorney.
Coonse: I think what she is trying to say is (inaudible) This is the back side of our
property, right now it is a pole barn fence. It comes straight down and that pond is right
in this corner here and our fence cuts across diagonally here. Half of the pond is on his
side half is on our side. This pond irrigates our 6 acre pasture and also our two acre
property. It actually is our sprinkler system to our lawn. So it is pretty important that we
have water access. We don't kn wat ° corn' nst th ough the a one way or ano her. That
where we still have to have that 9
is just a concern of our. I think what she was talking about the other concern was I
believe this is so narrow here on Locust Grove Victory is a little wider but it looks like to
me right now there are only two exits coming out right here there is going to be a lot of
traffic and congestion once this is fully developed if they don't do something over here
or have another access. It is going to be really tough. Right now it is 50 miles an hour
along Victory and that will probably slow it up to maybe 35 miles per hour. I think most
people will go down Victory to Eagle and cut across and hit the freeway and head
toward Boise, I think that is the way most people work. So we are going to have a lot of
traffic right here in front of our place. And I think that was the other concern she was
talking about. That is all I have, any questions?
Borup: Anyone else?
Ruth Fritts, 2384 East Victory, Meridian, was sworn by the City Attorney.
Fritts: I have a concern on the traffic also. We were told that in their census that they
prepared that they were figuring 10 trips per day per household coming out of that
subdivision. Figure two cars, two people, to and from back and forth to the store once
they got home, take the kids to soccer practice, come back.
Smith: Excuse me who are you referring to when you say they?
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Meridian Planning & Zoning Commission
June 10, 1997
Page 53
Fritts: Briggs Engineering, this is .Becky Vicoto uttnoS off of'Locust Groveeuntethely
mentioned your freeway access is through ry,
finally do something with Locust Grove. My other concern was in a letter we received
from Briggs Engineering they addressed the restriction of one story homes on two
adjoining lots adjoining Victory and 6 adjoining lots adjoining the SE corner of the
property which is our property which is right here. The developer has agreed to specify
single story restrictions to preserve the adjoining neighbors view corridor. That had not
been addressed tonight. What they were talking about the Ridenbaugh about building
up those lots if you build up those lots you might as well have a two story house. So
that is a concern of ours.
Smith: Excuse me, the site slopes off quite a bit to the east.
Fritts: Yes, it is these adjoining lots here (inaudible). That culdesac right now is a
swamp, you cannot drive up there. The Ridenbaugh leaks into that property area, we
don't have to irrigate up there at all. I don't know what they are going to do as far as
drainage there to get rid of that so they can put houses in there whether a drainage pipe
will take care of that. -But that is a concern there.
Borup: Your house is fronting on Victory?
Fritts: Yes sir it is.
Borup: I was just curious how far away those lots are from your residence.
Fritts: They are going to be about I would say 300 feet from our house. There is a 200
foot pasture area, there is probably another 100 foot to our house. They have in their
letter that they have agreed upon a 6 foot chain link perimeter fence, I would like to
know if that is the only fence that they are going to put up since we have livestock out
there. Am I going to have to go out there and clean the fence when the neighborhood
adjoining is complaining because my livestock is pooping in their yard. The other
concern was in that census they were talking about that Briggs Engineering was talking
about on the roads in the year 2000 I believe she said that there was going to be 5500
cars pass on Victory Road. That is a lot of cars for that area when there has been no
money allocated to widen that road. It is currently a 2 lane road at the moment. That is
all the concerns that I have.
Borup: Any questions of the Commissioners? Anyone else wish to testify?
John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney.
Shipley: Commissioners, this isn't the first time that this situation has cropped up. It is
getting better. But it has been about IC eaeback here tomherN ne Mile lateral! So thaat
property is 195 foot frontage and it goes
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Meridian Planning & Zoning Commission
June 10, 1997
Page 54
means that this whole property of mine here will be houses on my property line. I have
about 5.2 acres in there and I raise some cattle. Mostly a summer cattle grazing
situation. This property line here is also a drain ditch even though nobody has ever
addressed it as a drain ditch. It is a farmers drain. Our water from the Eight Mile Lateral
here pops out somewhere here in a weir box. It comes across their property and dumps
into our frontage ditch here which services four or five other properties back there. It
services Mr. Babbitt's property next to mine and Barker's (inaudible). I want to make
perfectly clear that we need to not have our water rights infringed or the way it comes
out of the canal weir and everything needs to be piped or do something to this area right
here. Approximately somewhere about there is one of them little white pipes that they
take water level on. Last January I happen to see the man taking the water level there
and noted that it was 6 foot at that time in January when the canal wasn't running. If
some young people buy a lot there and build a house there they ought to be protected
ahead of time for that situation so that this will probably have to be piped. This is the
Nine Mile Drain right here. It will probably have to be piped there and we will make sure
that the type of fences that are put in there are non-combustible because I do bum my
ditch line and fence line and my ditches and stuff in there. I wouldn't want to have those
people buy all these lots here and build all their nice houses there and get mad at me.
That is going to be quite a few of them isn't it because it runs water there all summer
long and dumps in right here at this point into the Nine Mile. When I irrigate my land
because the geology of the area is river rock you get a subterranean flow through. I
ducks nest along here along the back of these properties because there is water there
all of time. It is water and I can prove it by the basement in my house is a swimming
pool all summer long because when the water comes in the Eight Mile Lateral three
weeks later I have water in my basement. It has been that way for the last 24 or 25
years that I know about. The previous owner had the same problem. We have high
water so we need to probably protect those people that are (inaudible) whatever way
the engineers can do it. Yet, when they monitored my well all last summer I have a well
that was put in 1897 and I have a newer well that was put in 1951 or 5 or somewhere
around there before I moved there. The 1897 well they monitored it all last summer at
40 feet. My well that I, it is over closer to this property, that I pump off of is only 45 feet.
I have water there so we know that the cattails are growing here and all of those things
are absolutely something that exists when high water exists. For all intensive purposes
this is fine for me because when I want to subdivide later I will have a place to access
this. When the guard rail on the canal up here blocks my view my driveway is right here
and if there are a lot of people coming out then that guard rail gets into my sight pattern
and it is pretty dangerous for me. My daughter's car has a bent up front fender right
now on account of that. So we know it is dangerous. They are going to widen Locust
Grove some time in the future to 90 feet. That will probably do away with that part of
the Nine Mile Lateral and the Eight Mile Lateral that comes through there because they
are going to have to cover it. Those are considerations that you people that are
okaying this and everything some of you weren't here these other times. There was at
one time a 37 acre school supposed to be somewhere over in here that Mr. Johnson
was dickering with the school district about and he didn't negotiate it. One time he
promised to buy my property in front of City Council and he didn't negotiate it. I never
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Meridian Planning & Zoning Commission
June 10, 1997
Page 55
heard from him again, there are people in here (Inaudible) my wife and I went out and
found a place and then decided we couldn't do anything about. I thought he was going
to come talk to me about it after he made those statements in front of City Council. They
took the pictures of my old beat up house and how it was kind of a slum and that
nonsense to try and make it appear that they were doing me a favor. Then he never,
kind of like a breach of something or other. A few other things went on, so if we are
going to trust somebody and give them an opportunity (inaudible) get everything down
100%. Ms. Bowcutt said no two story houses along there and kind of thing. Whenever
CC&R's come in they need to point that out. If you are going to okay something like this
you need to remember the things that were said about the school district. And talk to
the man that they didn't negotiate with. A few of the other things that went down four
years previous.
Smith: Mr. Shipley were you told that there was going to be only one story houses along
your property?
Shipley: Yes, but that was over the telephone, I didn't get a letter to that effect. I didn't
get one of these plats sent to me in the mail like she said also. Those are things that I
discussed and at this point I don't believe anything anymore. When somebody tells me
something and it don't happen I become rather apprehensive. If somebody told you they
would buy you property and never discussed a price. Went in front of City Council, this
had already went to City Council and it got held up there because of the street problem.
Three other times I had to go to the Highway District and tell them why are you going to
put a street out on my corner to get away with not building a bridge was why they were
doing it. But there wasn't exactly enough space between my corner and where the
canal come in there to do it. They thought they could get a variance or something, but
then that ruined my setbacks on my property. So I wouldn't be able to do something
with my property. So I went to the Highway District for the fourth time now and each
time they get another engineer they don't tell the engineering company what has
already went down. Believe me it is getting to be kind of ridiculous to have to keep
coming down here and coming down here and explain these things. So when you guys
get around to okaying this thing make sure everything is written down and done right
because there will be people that will end up with high water tables like I have.
Clifford Babbitt, 11881 West Amity, Boise, was sworn by the City Attorney.
Babbitt: I am going to make mine kind of short fellows. I am glad to see this redone over
here on Locust Grove here to match up with Goldsmith's here. I am pretty well happy
with most of it other than my concern is that I am over here this side of Shipley, I do
sometimes have cattle that I bring in and once in awhile (inaudible). The other concern
was this water right here which has to do with the weir coming out of the ditch here.
Which when they leveled all of this they cut it way down. There is a water problem here
and probably a little of it is from my irrigation ditch here that (inaudible). It would
probably help if it was piped it would probably help some of the water problem. That is
all I have to say about it.
Meridian Planning & Zoning Commission
June 10, 1997
Page 56
Nancy Hanson, 2460 East Victory Road, was sworn by the City Attorney.
Hanson: Actually I wrote a letter that I did not submit earlier, did you just want me to
read it or give it to you and summarize your comments.
Borup: That would be appropriate if you submit that and then we can get copies. And
then get some highlights.
Hanson: Mostly it is being discussed tonight as if it is approved for the annexation and
that is my concern mare than anything is that I would rather it not be zoned R-4. I would
rather it not be annexed because if it is in the City limits than your largest lot would R-2
and I still think they should have 1 to 5 acre acreages if you develop it all. That is what I
would prefer in that area. I think that would fit better with your Comprehensive Plan of
having a buffer zone between the large farms and the City. Also we do still have
concerns about the water that as you bring in all of these houses that the wells don't go
dry, we don't want to have to pay for another well. We have concerns about the traffic,
they have told us that any houses that abut our property and at this point, this
development does not border our property, one of the other developments did.
Smith: Could you clarify who you were referring to regarding houses abutting your
property.
Hanson: The Briggs Engineering told us, there was a letter from Becky that said that it
would be single story houses.
Borup: Could you point out the location of your house approximately? You say it is not
on that map, you are on Victory Road right.
Hanson: (Inaudible)
Borup: How many acres do you have?
Hanson: We have 4 acres and then with the (inaudible) it is just right in here. It borders
Victory and goes to the canal, it is just like a triangular piece of property. It, with the
easements that go along with the canal I think it is really 6 acres. That is basically my
testimony and what I said in the letter also. I would comment that next time when you
do this, it is really difficult for the people in the audience to know what is going on when
you have this thing. If you could put it to the side we could see what people were
pointing out and also still watch you. Thanks.
Borup: Any other testimony from the public? The applicant, any other comments you
would like to make?
Meridian Planning & ZonlFig Commission •
June 10, 1997
Page 57
Elg: I will try to be really brief here, there have been a number of issues addressing the
drainage along the south boundary of Mr. Shipley's site. And the potential pond that
according to our preliminary plat appears to be located off onto another property. Aside
from that there may still be drainage issues there. I am not familiar with that piece of
property right there in that swampy area there- enough to know if that is a condition that
exists all of the time or how we are going to address. that. I did read Becky's statements
which I am sure she had addressed with our engineers. She has indicated that we will
address the issues through berms and or piping. One -other thing and as I mentioned
earlier, the relocation of the nine mile drain along that eastern boundary is going to help
with lowering the recharge rate on that ground water there west of the Ridenbaugh
Canal. It will naturally catch a lot of the drainage that wants to percolate out or seep out
of the Ridenbaugh Canal, catch it and drain it. So I am sure that has some bearing on
the reasons behind the relocation of that drain ditch and leaving it open along that
Eastern boundary. With some indication of traffic concerns and speed on streets. In our
traffic study we recommended to ACHD or Patrick Dobie might indicate that all of the
traffic information was provided by Dobie Engineering. Pat Dobie not Briggs
Engineering routed to ACHD who concurred with his findings to my knowledge. Yes it is
correct, under normal conditions a development the normal traffic patterns are 10 trips
per day per household. As I stated earlier we estimate about 1300 plus trips per day
coming out of the project. There was some concern about the number of trips on
Victory, the 5500 trips is a substantial number of trips. Currently I think the estimated
count or the actual counts on Victory are, they exceed 4000 trips per day now on Victory
at this point. I don't believe that, certainly we can't disqualify the fact that they will see
additional trips per day and traffic generated on those streets. It comes with
development, it comes with, it is a natural byproduct of that development. But what
most fail to understand is that those trips per day come in, they don't come in surges.
They are not 1300 trips per day that come in arld out in two or three time slots, they are
spread out over the course of a day. There are peak hours during that time where they
will see an increase. That traffic is spread out. As far as house height, I have to admit I
am not familiar with that requirement and the only suggestion I would have is if they
have one that if anyone has a letter from Becky, perhaps Shari before you leave, did
Becky submit that letter to you about dwelling height?
Stiles: (Inaudible)I don't know if that was part of Becky's discussions at the
neighborhood meeting or if that was on a prior application.
Elg: That is great, I think if we have one, I don't have one, I didn't see it, this is new to
me. I am not telling you that Briggs is not aware of it, Becky is probably very much
aware of it. I would suggest that we submit the letter if they are willing to part with it or
get a copy from Shari and would certainly be glad to enter that into the record. Briggs
Engineering and the developer will stand by anything that they have addressed with
these people. We are not trying to pull the wool over anyone's eyes and when I hear
comments in the background that Briggs is lying again or someone is lying I am
offended with that. That certainly doesn't help with development and it doesn't help. We
are used to that and we will deal with it. As I stated we will certainly address any of the
Meridian Planning & Zonlhg Commission •
June 10, 1997
Page 58
drainage issues, we will address those with Gary Smith the City Engineer. We certainly
can't develop a house that has that is located in a swamp, we are aware of that and we
will address the issue. Concerns about the. cattle, we will place the right to farm
statement on the plat. There is not a whole lot else that can be done to our knowledge.
This is an old problem that goes on and on when you develop on fringes. We will
certainly try our best to deal with the situation and provide these folks with the freedoms
that they need to continue on with the practices that they are so accustomed to and
comfortable with. We hope that this helps to address that and we hope that the fencing
issues will adequately address their concerns. One other statement was made about
the preference to see 1 to 5 acre lots. From an economic standpoint that simply doesn't
make doesn't help and it is not economical in the sense when we are providing City
sewer and water is available there won't be individual or privafe wells there, we will be
pumping out of the existing irrigation facilities connecting to City water and connecting
to City sewer. So it should not have any affect on the existing wells in the area. And the
fact of the matter is that if you develop a project with 1 to 5 acre lots the feasibility of
extending sewer and water to each of those lots just doesn't pan out economically for a
project of this size. With that I will conclude my remarks. I appreciate your time and if
you have any questions I would be open for those.
Borup: Do any of the commissioners have any final questions?
Smith: I guess I just have a. comment about the development, Mrs. Hanson's letter
quotes part of the Meridian Comprehensive Plan and I am going to .read that, "Existing
rural land uses and farmlranches shall be buffered from urban development expanding
in the rural area by innovative land use planning techniques. New urban density
subdivisions which abut or are proximal to existing rural residential land uses shall
provide screening and transitional densities with larger, more comparable lot sizes to
buffer the interface between urban level densities and rural residential densities." I see
no innovative land use planning techniques exhibited in this proposal. And I certainly
don't -see any buffer zones, screening, transitional densities or any of that which I
believe would be achieved through a development of lower density. 1 think this is a
problem not only with this proposal but it is a problem with every development that
comes before this Commission.. We just, we are kind of in that transitional period where
we have those issues come up and we have to draw the line somewhere I think.
Personally I just can't see putting a development of this density out in the middle of a
rural area that this one is being proposed in. 1 think it is more appropriate to be located
closer to the urban center of Meridian as opposed to out farther on the periphery. I think
this particular site would be more suited to a lower density development. That pretty
much sums it up.
Elg: Can I make a comment, I think the thing that you need to remember Commissioner
Smith is that this is a, it falls within the area of Impact, it is right for development at
densities addressed. It is compatible with surrounding zoning, Los Alamitos, Salmon
Rapids all are R-4 zoning densities. It is consistent with patterns of development in the
area and have already been approved. The lot sizes although it is R-4 zoning what we
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Meridian Planning & Zo~g Commission
June 10, 1997
Page 59
are requesting the lot sizes exceed the minimum lot standards for the R-4 zone
significantly. Therefore the densities is not nearly what we could get through that zone.
We have accommodated buffering in some locations and we are providing for screening
with fencing requirements. tt may not be the, I guess that is a judgement call as to what
the screening should be. We are complying with Meridian's ordinance along Locust
Grove for screening, landscaping, buffers along that street. As you can see we have
very limited amount of frontage on any street. But in -each of those situations, each of
those conditions we are providing for the required landscaping and buffering along
those areas. We believe that it is consistent and compatible with patterns of
development for the area. And with the simple fact that we are not developing or
maximizing the zoning that is requested. We believe that it is somewhat of an innovative
concept. We are not trying to pillage the property with the maximum amount of density
on it, we are coming with larger lot sizes. Not every development can afford the amount
of park site or open space area that has been provided with this one. One of the
problems with a project this size is that this is 50 some odd acres (inaudible) you get a
scale problem in trying to put that type of a project onto a piece of paper. Those lots as
you look at them on that large piece of paper-look rather small. They are compared to
any development within Boise City, Meridian, they are good sized lots, they are decent
lots. We believe they are consistent and it is good planning.
Smith: I do have one question with staff, this right to farm issue that has come up
regarding the complaints. that may arise from future homeowners regarding adjacent
neighbors with cattle or whatever, that when they buy their home. they have to sign
something that says they have the right to farm (End of Tape)
Stiles: (Inaudible) a note that can be added to the plat, I know in another case just
recently it was the Council's decision that they would have to physically post the
property with that restriction. How well that is going to work I don't know. I don't know if
by placing that note on the plat if it is any kind of a deed restriction, it just puts them on
notice that there is adjacent agricultural uses and they shall not be considered a
nuisance or cause for complaint.
Smith: So that transfers to every future land owner after the first
Elg: Correct, it is a part of the title process. The other thing that could be added aside
from setting it up as a note on the face of the plat you can also require as a element in
the restrictive covenants.
Borup: Any other questions from the Commissioners? At this time I would like to close
this public hearing. We are on item 10 which is a request for annexation and zoning.
This does require findings.
Manning: Mr. Chairman, I move that the City Attorney prepare findings of fact and
conclusions of law.
Meridian Plannin & Zonin Commission
9 9
June 10, 1997
Page 60
MacCoy: Second
Borup: It has been moved and seconded to prepare findings of fact and conclusions of
law for annexation and zoning of the request by Westpark Co., all those in favor?
Opposed?
MOTION CARRIED: 2 YEA, 1 NAY
ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO.:
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I guess at this point I would just, it would be appropriate to say that I enter all of my
previous testimony into this one.
Borup: We appreciate that. This is a new public hearing, does anyone from the public
have anything new they would like to add?
Fitzgerald: If they want to incorporate it just indicate that they want to.
Smith: Can we make like a blanket motion? I would like to make a motion that
Fitzgerald: Well in terms of their testimony, if they want to incorporate it.
Smith: They need to do it?
Fitzgerald: Is that agreeable to everybody? Everybody is saying yes so all of your
testimony will be incorporated into this public hearing. Unless there is any further
comment or testimony.
Borup: Okay, we have this to deal with. Let's close the public hearing. We do need
findings on the annexation before we decide on the preliminary plat. So would
someone like to table this?
Smith: I make a motion that we table agenda item 11 pending completion of findings of
fact and conclusions of law on item 10.
MacCoy: Second
Borup: It has been moved and seconded, all those in favor? Opposed?
MOTION CARRIED: All Yea
Fitzgerald: I think we need a date certain on that?
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" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
To: Planning 8c Zoning Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engineer
Shan Stiles, Planning and Zoning Administrator
May 8, 1997
Re: Application for Annexation and Zoning of 48.70 Acres to R-4 with a Preliminary Plat
for 139 Single-family Lots -Proposed Sherbrooke Hollow Subdivision by Westpark
Company, Inc.
We have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
GENERAL COMMENTS:
1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall
be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on
the Preliminary Plat. 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. No variances have been
requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil scientist with the street development
plans.
~
•
HUB OF TREASURE VALLEY COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
RONALD R. TOLSMA
CITY OF MERIDIAN E
L
C
ENN R. BENTLEY
G
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 GREG OSLUND
Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE RON MANNwG
Mayor
4. Submit a master street drainage plan, including method of disposal, with approval from
the affected irrigation/drainage district.
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P&Z Commission, Mayor & Council
May 8, 1997
Page 2
5. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any necessary corrections to the Preliminary Plat map prior to
resubmittal to the City.
6. Coordinate fire hydrant placement with Meridian's Water Works Superintendent.
7. Indicate any existing FEMA floodplain boundaries on the preliminary plat map, and/or
any plans to reduce said boundaries.
8. Street signs are to be in place, water system shall be approved and activated,
pressurized irrigation system shall be approved and activated, perimeter fencing
installed, and road base to be approved by the Ada County Highway District prior to
acceptance of building permit applications.
9. Provide five-foot-wide sidewalks on both sides of proposed streets in accordance with
City Ordinance Section 11-9-606.B.
10. Respond, in writing, to each of the comments contained in this memorandum and
submit to the City Clerk's office prior to the scheduled hearing date.
SITE SPECIFIC COMMENTS:
1. Sanitary sewer service for this development shall be off of an extension of the existing
sanitary sewer main in Los Alamitos Park Subdivision. Easements across the property
adjacent to the north boundary shall be submitted for review by the Public Works
Department. Sewer mains installed in easements across undeveloped land shall be
designed such that they will be within future rights-of--way. The 12-inch trunk line
shown on the preliminary plat should be routed back west in S. Mackay Drive to S.
Potlatch Avenue, .then extended to W. Victory Road. Applicant will be responsible to
construct the sewer mains to and through this proposed development.
The treatment capacity of the Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be contingent upon our ability to
accept the additional sanitary sewage generated by this proposed development. The
subdivision designer is to coordinate main sizing and routing with the Meridian Public
Works Department. Sewer manholes are to be provided to keep the sewer lines on the
south and west sides of roadway centerlines.
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P&Z Commission, Mayor &. Council
May 8, 1997
Page 3
2. Water service for this development shall be off of an extension of the existing main
located in Locust Grove Road. Applicant is responsible for extension of water service
to and through this development. Water service to this development is contingent upon
positive results from a hydraulic analysis by our computer model. The subdivision
designer is to coordinate routing with the Meridian Public Works Department. Water
lines shall be located on the north and east sides of roadway centerlines.
3. Indicate on the preliminary plat map the pump station location for pressurized
irrigation. Any proposal for a supplementary connection from the City's water system
to the pressurized irrigation system being proposed will need to be reviewed closely
due to the size of the area to be watered. Applicant shall provide a statement as to the
ownership of and operation maintenance of the pressurized irrigation system.
4. A detailed landscape plan for the common areas shall be submitted for review and
approval prior to submittal of the final plat. A letter of credit or cash surety will be
required for the improvements prior to signature on the final plat.
5. No easement is shown for the existing Nine Mile Drain. Applicant proposes relocating
the Nine Mile Drain, but no plan for how this will be accomplished is shown. Submit
plans and approvals from the appropriate agencies for relocation of this drainage.
6. Install non-combustible, six-foot-high, permanent perimeter fencing prior to obtaining
building permits unless this requirement is specifically waived in writing by the City.
Fencing of the Eight Mile Lateral and Ridenbaugh Canal is not to encroach on existing
easements.
7. Provide scaled dimensions of all lots on the revised plat.
8. It appears that either the easement for the Eight Mile Lateral is not shown correctly or
the canal is not located within the easement. Please explain this difference. Also, it
would appear the east lot line for the proposed lot on Locust Grove Road falls within
the Eight Mile Lateral. This lot also does not appear to have a block designation. This
lot will need to be separate from the common area lot of the Eight Mile Lateral.
9. The City has been experiencing problems with groundwater in drainage areas. Provide
detailed plans for these drainage lots, along with the determination of high groundwater
as prepared by a soils scientist, to assure that the ponds will not be impacted by high
groundwater.
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P&Z Commission, Mayor & Council
May 8, 1997
Page 4
10. Install 250- and 100-watt high-pressure sodium streetlights at locations designated by
the Meridian Public Works Department after Idaho Power Company completes their
design for the service of this development. All streetlights shall be installed at
subdivider's expense.
11. Blocks 1, 2, 3 and 7 exceed the maximum 1,000-foot length allowed by Ordinance.
An additional stub street shall be provided in Block 1 to the John Shipley property.
The proposed road to Locust Grove Road is only 50 feet from the driveway to the
Shipley property and may negatively impact his ability to access and leave his property.
As the property to the east of the Ridenbaugh Canal is a portion of a larger holding of
the Applicant which is intended for subsequent development, a bridge should be
provided over the Ridenbaugh for life safety vehicles and inter-neighborhood
circulation. Street names need to be provided for these new streets, as well as the stub
street to the Frank Stopello property and the short street section between Dworshak
Drive and E. Limousine Drive.
12. The cul-de-sac for S. Mackay Drive exceeds the 450-foot maximum allowed length.
13. All references to a daycare lot need to be removed from the plat. The R-4 zone does
not permit a daycare, and daycares need to be approved under the conditional use
permit process. The Applicant will need to apply at a later date for appropriate zoning
and conditional use permit.
14. The temporary turnaround shown on the south end of S. Bull Trout Avenue may make
the affected lots unbuildable until the street goes through. An instrument is to be
recorded, either prior to or after plat recordation, providing an easement for the
temporary turnaround. The document would have a provision that the easement would
automatically be rescinded once the streets are able to go through.
15. All lots are to have a minimum frontage of 80 feet. Frontage on comer lots is
determined by the line length plus one-half of the chamfer length. Indicate front of
house designation on lots that do not meet the minimum on one side.
16. Information from the Assessor's office indicates that not all of the parcels as they
currently exist are proposed as part of the development. Why are only partial parcels
being proposed for annexation and development at this time?
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P&Z Commission, Mayor & Council
May 8, 1997
Page 5
17. The notarized consents from property owners are over two years old. Provide new
notarized consents indicating the property owners have agreed to the current annexation
and plat applications.
18. The minimum centerline radius of curves for all local streets is 100 feet per ACRD
Development Policy 7204.4.11. Four curves within this proposed development do not
conform. Revise the plat to correct this.
19. Submit three copies of the revised plat incorporating all required changes to the City
Clerk's office prior to the June 10, 1997 Planning & Zoning Commission meeting.
Staff will review the revised plat and may have additional comments at that time.
20. A development agreement is required as a condition of annexation.
5
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1
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
WESTPARK COMPANY, INC.
APPLICATION FOR ANNEXATION AND ZONING
SHERBROOKE HOLLOW SUBDIVISION
SOUTH 1/2, SW 1/4, SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on June 10, 1997, at the hour of 7:00
o'clock p.m., the Applicant appearing through its representative,
Van Elg of Briggs Engineering, 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:
FINDINGS 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 June 10, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 10, 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.
l
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
WESTPARK COMPANY, INC.
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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
approximately 48.70 acres in size.
3. The Applicant is not the record owner of the property;
however, the record owners have consented to this application of
the Applicant.
4. The property is presently zoned by Ada County as RT,
Rural Transitional, and is used for agricultural purposes. The
land has no structures upon it. The Applicant requests the
property be zoned (R-4), Low 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 single-family
residential subdivision known as Sherbrooke Hollow Subdivision.
More specifically, a residential development with a proposed
density of 2.87 dwellings per acre and consisting of 139 single
family residential lots, one lot designated for a daycare facility
and seven common lots.
6. The property is located on the east side of Locust Grove
Road and north of Victory Road. The property adjoins the city
limits of the City of Meridian along the northwest portion of the
property. The adjacent Salmon Rapids development is currently
zoned (R-4), Low Density Residential District, as is the Los
Alamitos development north of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
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7. The Applicant's representative, Van Elg, testified
substantially as follows. The zoning request of the property is
consistent with the zoning of the land surrounding the property;
Los Alamitos and Salmon Rapids. The property is contiguous with
the Salmon Rapids development which is the route of the annexation
request. The requested zoning is in compliance with the
Comprehensive Plan, and is an excellent transition for annexation
of this type. The proposed density for the development is 2.87
dwelling units per acre which is consistent with the developments
in the area. It is also consistent with the Comprehensive Plan
with regard to future rezoning if the appropriate services become
available. In this case, sewer and water will be made available to
the property. The Comprehensive Plan identifies the property for
single family use which this proposed development is.
8. The Applicant's representative, Van- Elg, further
testified substantially as follows. On May 8th, a neighborhood
meeting was held in accordance with Meridian's requirements. Becky
Bowcutt attended the meeting. Ms. Bowcutt advised that six people
from the nearby area attended the meeting. Ms. Bowcutt followed up
with a letter to Mrs. Coonse, which letter he believes addressed
fencing and the right to farm. There were concerns expressed about
farming and the status of farming in the area. The Applicant has
agreed to provide perimeter fencing which will be six feet high and
constructed of noncombustible material. The Applicant has also
agreed to provide a statement on the face of the plat that
addresses the right to farm. Another issue which Ms. Bowcutt
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
WESTPARK COMPANY, INC.
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addressed is the comments from City staff, which letter is dated
May 28th and addressed to Bruce Freckleton, Assistant to the City
Engineer, and Shari Stiles, the Planning and Zoning Administrator.
One of the comments addressed is the issue about a bridge across
the Ridenbaugh Canal. The Applicant .has discussed with the Ada
County Highway District this issue. It has indicated that it does
not support the construction of the bridge for several reasons.
First, it wants the bridge further to the north. Second, the
topography of the property does not lend well to the construction
of the bridge. Third, the estimated cost of constructing the
bridge is $300,000.00 to $500,000.00. Finally, it does not want to
maintain a bridge in the location. Ada County Highway District
will be constructing another sort of bridge, or crossing, across
the Eight Mile Lateral which skirts the south and west boundaries
of the property. The property is also skirted by the Ridenbaugh
Canal and the Nine Mile Drain, which, consistent with the desires
of the Bureau of Reclamation, the Applicant intends to leave open.
Leaving the ditch open provides benefit in terms of draining water
from the property. The Applicant desires to relocate the Nine Mile
Drain within the open space area, which is one of the purposes of
open space along the eastern boundary of the proposed development.
This relocated drain will be parallel to the Ridenbaugh Canal.
With regard to the bridge and its necessity for life safety, Ms.
Bowcutt had a discussion with Kenny Bowers at the Meridian Fire
Department. He indicated it was not necessary and he was not
requiring it. Patrick Dobie addressed the issue of traffic through
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
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a traffic study. The study indicated that the development would
generate approximately 1,300 trips per day after full development.
This information was submitted to the Ada County Highway District
for review. Ground water monitoring has also occurred in the area.
The Department of Water Resources has indicated that its drawings
and log reports in the area tend to support a 40 feet ground water
level. Equipment was installed to monitor ground water in the
general area and across the property. Little or no ground water
was detected which would be harmful to the development of the
project. This determination does not preclude, as residents in the
area may point out, that there may be some surface ground water
problems which need to be adequately addressed. The Applicant will
work closely with the City Engineer to adequately address the
surface ground water problems. Potential solutions to address the
surface ground water problems may include filling, raising sites
along the northwest corner of the property and perhaps the
southeast portion of the property. In her response to the City
staff's comments, Ms. Bowcutt requested that if a variance from the
piping requirement is necessary, such be provided as a condition of
approval for the project. The Applicant will comply with such
condition. The Applicant will also address with the Nampa &
Meridian Irrigation District and the Department of Water Resources
the relocation of the Nine Mile Drain. In the City staff's
comments, there is a concern that the Applicant provide for sewer
connection for the property to the north. Ms. Bowcutt requests
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
WESTPARK COMPANY, INC.
•
that a late comer agreement for the sewer be established for this
project.
9. City Engineer, Gary Smith, commented that the issue of a
late comer agreement for the sewer is better addressed when the
project is presented to the City Council for consideration and
approval. The City Council may agree conceptually to the late
comer agreement; however, there must exist hard costs for the
establishment of such agreement.
10. Van Elg further testified substantially as follows. In
the City staff's comments, there was a question as to the location
of the irrigation facility as required by Meridian City ordinances.
The project will have pressurized irrigation, and the site plan/
preliminary plat identifies the location of the proposed pump
station. The location of the pump station will be negotiated with
the Nampa & Meridian Irrigation District. There was also a concern
expressed in the City staff's comments about a block length
requirement on South McKay Drive. He believes the culdesac length
was 450 feet; however, such issue has been addressed and revised
appropriately. Also, there is another expressed concern about the
block lengths of Blocks 1, 2, 3 and 7, which exceed the 1,000 feet
block length limit.
11. Shari Stiles, the Planning and Zoning Administrator,
commented that the length of Block l has been addressed; however
Blocks 2, 3 and 7 have yet to be addressed.
12. Van Elg further testified substantially as follows. With
regard to Blocks 2, 3 and 7, according to Ms. Bowcutt, they exceed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
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the 1,000 feet length limit; however, the unusual configuration of
the parcels limits the lot layout potential and creates longer
block lengths. The Eight Mile Lateral creates a long block since
it inhibits the potential for stub street connections. To provide
a stub street in such area or limit the block length, a bridge
would need to be constructed in that location and another stub
provided. Block 7 abuts the Ridenbaugh Canal and two micropath
connections have been provided in this block to a proposed
pedestrian bridge. Although the Ada County Highway District
opposed the construction of a bridge across the Ridenbaugh Canal,
it does request the Applicant deposit money into the trust account
for construction of a pedestrian bridge. At the time the eastern
portion of the site is developed or the side across the canal is
developed, another contribution for the remaining half of the
pedestrian bridge will be required. Two micropath connections have
been provided in Block 7 to a proposed pedestrian bridge which
crosses the Ridenbaugh Canal. The intent of the block limitations
is to minimize the walking distance between blocks. The Applicant
believes the micropaths provide this connection. The entrance from
Locust Grove has been relocated to align with Lake Creek Street in
the proposed Salmon Rapids No. 4 development. The location of this
entrance was a concern in prior applications. The property owner
to the north of the property expressed the concern and request that
he obtain a stub street. To Mr. Elg's belief, the Applicant has
complied with such concern and request, and aligned the entrance
with the entrance to the Salmon Rapids development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
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13. In response to questions of the Planning and Zoning
Administrator, Shari Stiles, Mr. Elg testified substantially as
follows. When the new stub street was added, a new block number
was added to the preliminary plat, specifically, Block 8.
14. In response to a question of Commissioner Borup, the
Planning and Zoning Administrator, Shari Stiles, substantially
commented that many of the concerns, including block length issues,
and comments of City staff have been addressed by the Applicant in
its written response; however, it still needs to obtain a variance
on the block lengths because the lengths exceed the limitation. It
will also need to obtain a variance on the tiling of the ditches.
15. The Applicant's representative, Van Elg, stated that the
requirements of the variances be conditions of approval, and that
the Applicant submit applications for and obtain such variances.
16. In response to questions of Commissioner MacCoy, the
Applicant's representative testified substantially as follows.
With regard to the access from and to Victory Road from the
proposed development, a recommendation was made for a left-turn
lane on Victory Road into the project for stacking to minimize the
turning movements on Victory Road. He does not believe there is a
turn (entry) lane into the project on Locust Grove Road. However,
the Ada County Highway District's requirements provide that Locust
Grove Road be constructed to a six-lane road, which would provide
turn lanes. The Applicant has to dedicate enough right-of-way for
a 90 feet right-of-way on Locust Grove Road. No time frame has
been given by the Ada County Highway District for such improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
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•
to Locust Grove Road. However, pursuant to the letter from Ms.
Bowcutt to LouAnn Coonse, the Ada County Highway District plans to
rebuild Locust Grove from Overland to Victory in 1999. This
project would include reconstruction of the bridge over the Eight
Mile Lateral. This project is currently listed in the Ada County
Highway District's five-year construction plan; however, no funding
has been allocated to the project at this time. The proposed width
of the future right-of-way for Locust Grove Road is 90 feet, with
a 70 feet road section. Victory Road is not in the Ada County
Highway District's five-year plan, but will be improved in the
future to a 90 feet right-of-way and a 50 feet road section.
17. In response to questions of Commissioner Smith, the
Applicant's representative, Van Elg, testified substantially as
follows. With regard to the "green spaces" on the preliminary plat
map, the Applicant is attempting to create a buffer along the
Ridenbaugh Canal. The Applicant is aware that it must address the
Nine Mile Drain in the area, and that is the reason the "green
area" is designated in that location. The area is designed for
drainage purposes. Ms. Bowcutt has reviewed that issue with the
engineers in an attempt to accommodate drainage throughout the
site. The other green areas are for drainage purposes and/or
landscape areas to be maintained by the homeowner's association.
With regard to the capacities of the schools in the Meridian School
District, as representatives of applicants, we advise the
applicants that the impact on the school district is an issue. We,
as representatives of applicants, have numerous meetings with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
WESTPARK COMPANY, INC.
•
School Board to discuss the concerns and problems, and attempt to
address those concerns and problems. For an applicant, the
dedication of 5 to 12 acres of property of each project for school
facilities does not make sense. The dedication of property to the
school district is dependent upon the .school district wanting and
accepting such property. With regard to the development of the
property to the particular density, Mr. Elg does not know the
specifics for the chosen density; however, the R-4 zone allows a
minimum lot size of 8,000 square feet, and the vast majority of the
lots in the proposed development are considerably larger than 8,000
square feet. Many of the lots are 9,000 to 10,000 square feet in
size. Accordingly, the Applicant is not maximizing the density at
2.87 dwelling units per acre. The Applicant is providing a larger
lot and, perhaps, a better product.
18. In response to a further question of Commissioner MacCoy,
the Applicant's representative testified that there have been no
discussions with the Meridian Fire Department about locating afire
house in or about the property.
19. Rhonda Coonse testified substantially as follows. She
moved to Meridian one year ago in February from southeast Boise,
and she loves living in Meridian. She has animals on her property,
which she could not have on her property in Boise. In terms of
traffic and vehicles, 140 lots means to her 280 vehicles traveling
from and to the property from Victory Road and Locust Grove Road.
That number of vehicles on the two roads is too much for the
present status of the roads. She is concerned about the relocation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
WESTPARK COMPANY, INC.
•
of the Nine Mile Creek, because of the potential of her being
denied irrigation water. She has a pond on her property from which
the irrigation water is pumped and sprinkled upon her property.
Although she recognizes that the Applicant can the the
canal/ditch, her primary concern is the continued availability of
irrigation water to fill the pond on her property. Another concern
she has is the perimeter fencing to be constructed around the
property. The Applicant advised her that she had a choice as to
the fence, and she desires a 6 feet high privacy vinyl fence.
20. In response to questions of Commissioner Smith, Rhonda
Coonse testified substantially as follows. Her concern with regard
to the pond is the continued availability of irrigation water.
There has been some activity, by persons unknown to her, with
digging and structuring of the canals/ditches. There has been a
problem in the past with the irrigation water backing up into
fields in the area. So she believes said persons installed a
larger culvert.
21. Richard Wade Coonse testified substantially as follows.
With regard to Rhonda Coonse's testimony, along the back property
line of their property is a pole barn fence. The fence line
crosses diagonally, so half of the pond is on their property and
the other half is on the Applicant's property. The pond provides
water to irrigate six acres of pasture, and also two acres of their
property. The pond provides water to their property's sprinkler
system. Consequently, the continued availability of the water from
the pond is important to them. With regard to Locust Grove Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
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this road is too narrow for the demand placed upon it by the
traffic entering and exiting from the proposed project. Although
Victory is a little wider, there will still be a lot of traffic
congestion, unless something is done to improve Locust Grove Road
and Victory Road.
22. Ruth Fritts testified substantially as follows. She has
a concern about the traffic generated by this proposed project.
She was told by Ms. Bowcutt that there would be 10 trips per day
per household in the proposed subdivision. She is also concerned
about the restriction of one-story homes on two adjoining lots
along Victory Road and six adjoining lots along the southeast
corner of the property. The Applicant has agreed to specify single
story restrictions to preserve the adjoining neighbors' view
corridor. This agreement by the Applicant has not been addressed
in this hearing. With regard to building up the lot sites for
purposes of correcting drainage problems, she believes a build up
of the lots and a two-story structure would be one in the same. A
portion of the property (the culdesac area) is presently a swamp.
The Ridenbaugh Canal leaks into that area of the property, so she
does not have to irrigate in that area. She does not know how the
Applicant will be able to build in the area, or whether a drainage
pipe will correct the problem.
23. In response to questions of Commissioner Borup, Ruth
Fritts testified substantially as follows. The proposed project is
approximately 300 feet from her house. The Applicant has agreed to
erect a 6 feet high chain link perimeter fence; however, she would
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
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like to know whether this chain link is the only fence to be
constructed. She has livestock on her property, and is concerned
about the livestock's manure falling into the yards of the
residents of the subdivision.
24. John Shipley testified substantially as follows. His
land has a frontage of 195 feet and runs adjacent to the property
back to the Nine Mile Lateral. Consequently, his property will be
adjacent to the houses in the subdivision. He has approximately
5.2 acres and raises cattle, primarily during the summer. The
property line is where a drainage ditch courses. His water from
the Eight Mile Lateral crosses his property and drains into a ditch
coursing on the frontage of his property. The ditch services Mr.
Babbit's property next to his property and Barkers' property. He
does not want the delivery or availability of his irrigation water
effected. The irrigation water delivery/drainage ditches need to
be tiled. He has noticed that the water level in January is 6 feet
high, at which time the canal was not full of water. Consequently,
houses in this area may well be flooded, and the purchasers need to
be aware of that risk. Over the last 24 to 25 years, the basement
of his house has been flooded during the summer months. The
fencing along his property line must be constructed of
noncombustible material, because he burns his ditches. He has no
objection to the proposed project because he desires to subdivide
the property in the future. He does have a concern with the access
onto Locust Grove Road due to the danger presented from the lack of
width and area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
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25. In response to a question of Commissioner Smith, John
Shipley testified substantially as follows. He was told over the
telephone that only one story houses would be constructed adjacent
to his property; however, he did not receive a letter to that
effect.
26. Clifford Babbitt testified substantially as follows. He
is happy to see the redesign of the entrance to the proposed
project on Locust Grove. He is pretty happy with the proposed
project; however, he is concerned from the standpoint of his cattle
pasturing on his property. He is also concerned about the
availability and delivery of irrigation water. The tiling of the
delivery ditch would help and would alleviate some of the problems
with the irrigation water.
27. Nancy Hanson submitted a letter setting forth her
comments and concerns pertaining to this application, which letter
is incorporated herein as if set forth in full. Further, Nancy
Hanson testified substantially as follows. She has a concern about
the R-4 zoning request. She would prefer the property be zoned R-
2, with 1 to 5 acreages. She believes such zoning and the size of
acreages would be more appropriate for the area by providing better
buffering for the surrounding agricultural areas. She has a
concern about the availability of water in the well she has; she
does not want the well going dry. She has concerns about the
traffic .
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28. In response to question of Commissioner Borup, Nancy
Hanson testified substantially as follows. She has four acres,
which borders Victory Road and parallels the canal.
29. The Applicant's representative further testified
substantially as follows. Other than the pond which according to
the Applicant's map is not on the property, there may exist
drainage issues and problems. According to Ms. Bowcutt, these
problems will be addressed through berming and piping. Also, the
relocation of the Nine Mile Lateral along the eastern border of the
property will help with the recharge rate of the ground water to
the west of the Ridenbaugh Canal. With regard to the traffic, the
Applicant's studies were forwarded to the Ada County Highway
District, who concurred in the findings of those studies to his
knowledge. Under normal conditions, the developed project would
generate 1,300 plus trips per day from the property. There was the
concern expressed about 5,500 trips on Victory Road; however, the
present trips per day on Victory Road are 4,000. An increase in
trips per day cannot be discounted; there will be an increase due
to development of the property and the area. However, the 1,300
trips per day do not come in surges, but throughout the day, with
peak hours. With regard to the height of the houses, he is not
familiar with that requirement, but would have to refer to the
letter of Ms. Bowcutt. If letters to such affect exist, the
Applicant would have no objection to their inclusion in the record.
As far as the swampy condition of an area of the property, the
issue will be addressed. As far as concerns with cattle, the right
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
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to farm statement will be included on the plat. The Applicant will
certainly attempt to address the concerns expressed by the
neighboring property owners, and accommodate their needs so as not
to impede their freedom and life style. With regard to the zoning
district and one to five acre lots, from a economic feasibility
standpoint, such is not practical. This proposed development
should not be a negative impact upon neighboring wells.
30. Commissioner Smith commented substantially as follows.
With reference to a quote from the Comprehensive Plan set forth in
Nancy Hanson's letter, he sees no innovative land use planning
techniques exhibited in the proposed project. He does not see
buffering zones, screening, transitional densities or any other
characteristics which would be achieved through a lower density
zoning and development. The City is in a transitional period. He
personally cannot comprehend placing a development. of this density
in the middle of a rural area. This type of project would be more
appropriate in an area closer to the urban center of Meridian as
opposed to farther on the periphery. He believes this property
would be more appropriate to a lower density development.
31. In response, the Applicant's representative responded
substantially as follows. This area is within the City of
Meridian's area of impact and is right for development at the
density proposed. It is compatible with the zoning of surrounding
properties and developments. It is consistent with patterns of
development in the area, which have already been approved. The lot
sizes exceed the minimum lot standards for the R-4 zoning
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requested. Consequently, the density levels are not nearly as high
as the level we could get in the R-4 zone. There is accommodating
buffering in some locations, and the Applicant is providing
screening with fencing. The Applicant is complying with the City's
ordinances along Locust Grove Road for screening, landscaping and
buffers. There is a limited amount of frontage on any street;
however, the Applicant is providing the necessary buffering along
those areas. The Applicant maintains that the proposed project is
consistent and compatible with patterns of development for the
area. The fact that the Applicant is not developing the property
to the level of density it could in an R-4 zone is indicative of an
innovative concept. Not every development can economically afford
to provide the amount of park site or open space area as provided
in this proposed project. As compared to lots in Boise and
Meridian, the lots of the proposed project are good sized lots.
The Applicant believes the proposed project is consistent with the
standards and good planning.
32. 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 or
adjoining the subject property shall be tiled per City
Ordinance 11-9-605 M. The ditches to be piped are to be
shown on the Preliminary Plat . 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
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Department. No variances have been requested for tiling
of any ditches crossing this project;
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 the street development plans;
d. The Applicant is to submit a master street drainage
plan, including method of disposal, with approval from
the affected irrigation/drainage district;
e. The Applicant is to submit a letter from the Ada
County Street Name Committee, approving the subdivision
and street names. The Applicant is to make any necessary
corrections to the preliminary plat map prior to
resubmittal to the City;
f. The Applicant is to coordinate fire hydrant
placement with Meridian's Water Works Superintendent;
g. The Applicant is to indicate any existing FEMA
floodplain boundaries on the preliminary plat map, and/or
any plans to reduce said boundaries;
h. Street signs are to be in place, water system shall
be approved and activated, perimeter fencing installed,
and road base to be approved by the Ada County Highway
District prior to acceptance of building permit
applications;
i. The Applicant is to provide five feet wide sidewalks
on both sides of proposed streets in accordance with City
Ordinance Section 11-9-606 B; and
j. 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 scheduled hearing
date.
Their site specific comments included the following:
a. Sanitary sewer for this development shall be off an
extension of the existing sanitary sewer main in Los
Alamitos Park Subdivision. Easements across the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
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adjacent to the north boundary shall be submitted for
review by the Public Works Department. Sewer mains
installed in easements across undeveloped land shall be
designed such that they will be within future right-of-
ways. The 12 inch trunk line shown on the preliminary
plat should be routed back west in S. Mackay Drive to S.
Potlatch Avenue, then extended to W. Victory Road. The
Applicant will be responsible to construct the sewer
mains to and through this proposed development;
b. The treatment capacity of the Meridian Wastewater
Treatment Plant is currently being evaluated. Approval
of this application needs to be contingent upon our
ability to accept the additional sanitary sewage
generated by this proposed development. The subdivision
designer is to coordinate main sizing and routing with
the Meridian Public Works Department. Sewer manholes are
to be provided to keep the sewer lines on the south and
west sides of roadway centerlines;
c. Water service for this development shall be off of
an extension of the existing main located in Locust Grove
Road. The Applicant is responsible for extension of
water service to and through this development. Water
service to this development is contingent upon positive
results from a hydraulic analysis by the City's computer
model. The subdivision designer is to coordinate routing
with the Meridian Public Works Department. Water lines
shall be located on the north and east sides of roadway
centerlines;
d. The Applicant is to indicate on the preliminary plat
map the pump station location for pressurized irrigation.
Any proposal for a supplementary connection from the
City's water system to the pressurized irrigation system
being proposed will need to be reviewed closely due to
the size of the area to be watered. The Applicant shall
provide a statement as to the ownership of and operation/
maintenance of the pressurized irrigation system;
e . A detailed landscape plan for the common areas shall
be submitted for review and approval prior to submittal
of the f final plat . A letter of credit or cash surety
will be required for the improvements prior to signature
on the final plat;
f. No easement is shown for the existing Nine Mile
Drain. The Applicant proposes relocating the Nine Mile
Drain, but no plan for how this will be accomplished is
shown. The Applicant is to submit plans and approvals
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
WESTPARK COMPANY, INC.
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from the appropriate agencies for relocation of the
drainage;
g. The Applicant is to install non-combustible, six
feet high, permanent perimeter fencing prior to obtaining
building permits unless this requirement is specifically
waived in writing by the City. Fencing of the Eight Mile
Lateral and Ridenbaugh Canal is not to encroach on
existing easements;
h. The Applicant is to provide scaled dimensions of all
lots on the revised plat;
i. It appears that either the easement for the Eight
Mile Lateral is not shown correctly or the canal is not
located within the easement. The Applicant is to explain
this difference. Also, it would appear the east lot line
for the proposed lot on Locust Grove Road falls within
the Eight Mile Lateral. This lot does not appear to have
a block designation. This lot will need to be separate
from the common area lot of the Eight Mile Lateral;
j. The City has been experiencing problems with
groundwater in drainage areas. The Applicant is to
provide detailed plans for these drainage lots, along
with the determination of high groundwater as prepared by
a soil scientist, to assure that the ponds will not be
impacted by high groundwater;
k. The Applicant is to install 250 and 100 watt high-
pressure sodium streetlights at locations designated by
the Meridian Public Works Department after Idaho Power
Company completes their design for the service of this
development. All streetlights shall be installed at
subdivider's expense;
1. Blocks 1, 2, 3 and 7 exceed the maximum 1,000 feet
length allowed by ordinance. An additional stub street
shall be provided in Block 1 to the John Shipley
property. The proposed road to Locust Grove Road is only
50 feet from the driveway to the Shipley property and may
negatively impact his ability to access and leave his
property. As the property to the east of the Ridenbaugh
Canal is a portion of a larger holding of the Applicant,
which is intended for subsequent development, a bridge
should be provided over the Ridenbaugh Canal for life
safety vehicles and inter-neighborhood circulation.
Street names need to be provided for these new streets,
as well as the stub street to the Frank Stopello property
and the short street section between Dworshak Drive and
E. Limousine Drive;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
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m. The cul-de-sac for S. Mackay Drive exceeds the 450
feet maximum allowed length;
n. All references to a daycare lot need to be removed
from the plat. The R-4 zone does not permit a daycare,
and daycares need to be approved under the conditional
use permit process. The Applicant will need to apply at
a later date for appropriate zoning and conditional use
permit;
o. The temporary turnaround shown on the south end of
S. Bull Trout Avenue may make the affected lots
unbuildable until the street goes through. An instrument
is to be recorded, either prior to or after plat
recordation, providing an easement for the temporary
turnaround. The document would have a provision that the
easement would automatically be rescinded once the
streets are able to go through;
p. All lots are to have a minimum frontage of 80 feet.
Frontage on corner lots is determined by the line length
plus one-half of the chamfer length. The Applicant is to
indicate front of house designation on lots that do not
meet the minimum on one side;
q. Information from the Assessor's office indicates
that not all of the parcels as they currently exist are
proposed as part of the development. Why are only
partial parcels being proposed for annexation and
development at this time?;
r. The notarized consents from the record property
owners are over two years old. The Applicant is to
provide new notarized consents indicating the property
owners have agreed to the current annexation and plat
applications;
s. The minimum centerline radius of curves for all
local streets is 100 feet per Ada County Highway District
Development Policy. 7204.4.11. Four curves within this
proposed development do not conform. The Applicant is to
revise .the plat to correct this;
t. -The Applicant is to submit three copies of the
revised plat incorporating all required changes to the
City Clerk's office prior to the June 10, 1997 Planning
and Zoning Commission meeting. Staff will review the
revised plat and may have additional comments at that
time; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
WESTPARK COMPANY, INC.
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u. A development agreement is required as a condition
of annexation.
33. The Applicant's representative, Becky L. Bowcutt,
responded in writing to the general and site specific comments of
the Assistant to the City Engineer and the Planning and Zoning
Administrator through a letter dated May 28, 1997. This responsive
letter is incorporated herein as if set forth in full. Ms.
Bowcutt's responses to the general comments included the following:
a. The subject parcel abuts the Ridenbaugh Canal and
Eight Mile Lateral. The two irrigation facilities exceed
a 48 inch pipe size and, therefore, fall within the
category for exemption from tiling. If a variance is
required, please specify as a condition of approval when
the application should be submitted;
b. The Nine Mile Drain runs parallel with the
Ridenbaugh Canal. The Applicant would prefer to relocate
the drain. The Bureau of Reclamation had requested the
drain remain open on a project north of the subject
property. I contacted John Anderson of Nampa & Meridian
Irrigation District concerning relocation of the drain.
He indicated plans would need to be. submitted and
reviewed to determine the method of location. I will
contact the Bureau and Nampa & Meridian Irrigation
District to obtain guidance on whether the facility
should be tiled or remain open;
c. A small drain exists through the mid-section of the
parcel exiting to the north boundary. The Applicant
intends to pipe the small ditch;
d. I have no knowledge of any existing wells or septic
systems on the property;
e. Jason Kelly, a professional engineer with expertise
in the area of soils and hydrology was retained by the
Applicant to install pziometers at the site and monitor
the groundwater. Five pziometers were installed in
different areas of the property. A summary of the
groundwater investigations was submitted with the
application;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
WESTPARK COMPANY, INC.
f. A master drainage plan will be submitted to all
governing agencies for their review and approval after
preliminary plat approval;
g. The Ada County Street Name Committee reviewed the
preliminary plat and commented on April 17, 1997.
Additional street names were required and minor alignment
changes were requested. Two names were added to the plat
which were approved by the Street Name Committee on June
8, 1995 (Highland Ranch). The preliminary plat reflects
the Street Name Committee's changes;
h. The engineer will coordinate hydrant locations on
construction plans with Meridian. Public Works after
preliminary plat approval;
i. The subject property lies outside the 100 year
floodplain as designated on the FEMA maps;
j. The Applicant understands that the following
improvements are required prior to the acceptance of a
building permit application:
1. Domestic water system (approved and
activated);
2. Pressurized irrigation system (approved and
activated);
3. Perimeter fencing (installed); and
4. Road base (approved by Ada County Highway
District).
k. All proposed new public streets will have five feet
(5') sidewalks on both sides. Victory Road and Locust
Grove Road frontage will have five feet ( 5' ) sidewalks as
required by Ada County Highway District.
Ms. Bowcutt's responses to the site specific comments included the
following:
a. The Applicant will provide easement documents to
Meridian Public Works Department after receiving
preliminary plat approval;
b. A site plan for future residential development of
the Stopello property was provide to Mr. Stopello for his
review. The legal description for the sewer easement,
prepared by Briggs Engineering, reflects the street
alignment in the Stoppello site plan;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
WESTPARK COMPANY, INC.
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c. The preliminary plat has been revised to reflect the
extension of the 12 inch sewer trunk line to Victory
Road;
d. The Applicant understands that it will be
responsible for extension of the Nine Mile Sewer Trunk
line through the Stopello property and the subject
parcel. The Applicant proposes to enter into a "Late
Comer Agreement" with the City of Meridian for offsite
sewer;
e. The Applicant understands City of Meridian's
acceptance of sewage is dependent upon sewer capacity.
The project engineer will coordinate main sizing and
comply with the City's requirements;
f. The Applicant understands it must extend water from
Locust Grove through the subject property and along the
property's Locust Grove and Victory Road frontage. The
project engineer will coordinate water design with
Meridian Public Works Department;
g. The pressurized irrigation pump station is proposed
adjacent to the Ridenbaugh Canal on Nine Mile Drain. The
preliminary plat has been modified to reflect this
location. The final location of the pump station will
have to be approved by the Nampa & Meridian Irrigation
District;
h. The Applicant will coordinate with the City of
Meridian on a supplementary connection to the pressurized
irrigation system;
i. The pressurized irrigation system will be owned and
maintained by the Nampa & Meridian Irrigation District;
j. The Applicant will provide a detailed landscape plan
on the common area for the City's review prior to
submittal of the final plat. The Applicant understands
it will be required to install the landscaping or bond
prior to City signature on the final plat;
k. The existing Nine Mile Drain easement is
approximately 50 feet. The Applicant intends to relocate
the drain parallel with the Ridenbaugh Canal. This
relocation will require coordination and approval by the
Nampa & Meridian Irrigation District and the Bureau of
Reclamation. The Applicant intends to re-channel the
drain east of its current location;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
WESTPARK COMPANY, INC.
1. - The Applicant will install 6 feet non-combustible
fencing along the perimeter of the subject property prior
to obtaining building permits. The irrigation easements
for the Ridenbaugh Canal and Eight Mile Lateral are
proposed as separate lots. No encroachment by fencing
within the easements is proposed;
m. The revised preliminary plat reflects dimensions on
all lots;
n. The easement for the Eight Mile Lateral is 80 feet
(40 feet from ditch centerline on both sides). The
easement along the south side of the Eight Mile Lateral
has been added to the preliminary plat. The lot west of
the Eight Mile Lateral has been added to the preliminary
plat. The lot west of.the Eight Mile Lateral has been
separated from the lateral lot. A block designation was
shown on the preliminary plat, Block 3;
o. The Applicant will provide detailed plans for
drainage facilities and a high groundwater report by a
soils scientist for City review with the final
construction plans;
p. The Applicant will install street lights consistent
with the requirements of the City of Meridian;
q. Blocks 1, 2, 3 and 7 exceed the 1, 000 feet block
length. The unusual configuration of the parcel limits
the lot layout potential and creates longer block
lengths. The Eight Mile Lateral creates a long block
because it inhibits the potential stub street
connections. Block 7 abuts the Ridenbaugh Canal, and two
micro-path connections have been provided in this block
to a proposed pedestrian bridge. The intent of block
limitations is to minimize the walking distance between
blocks. The Applicant believes the micro-connections in
this block provide the connection;
r. The Locust Grove entrance has been relocated south
to align with Lake Creek Street in the proposed Salmon
Rapid No. 4 Subdivision. This revision meets Ada County
Highway District's standards and solves any ingress/
egress conflict between the subject parcel and Shipley
property;
s. Ada County Highway District has determined a
vehicular access across the Ridenbaugh Canal is not
preferred due to topographical differences;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
WESTPARK COMPANY, INC.
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t . Ms . Bowcutt met with Ken Bowers of the Meridian Fire
Department, and he indicated that the two points of
ingress and egress to the parcel and three stub streets
will provide adequate access to the development for
emergency vehicles;
u. The Applicant believes a vehicular bridge is not
appropriate over the Ridenbaugh Canal and would not
provide enhanced emergency vehicle access that would
warrant the cost of $300,000.00 to $500,000.00. The
project has 140 lots which obviously could not absorb the
expense;
v. The cul-de-sac E. Mackay Drive has been revised to
meet the 450 feet maximum length;
w. The reference to the daycare lot has been removed;
x. A turn-around easement will be prepared and
recorded;
y. All lots meet the 80 feet frontage requirement with
th exception of corner lots and cul-de-sac lots. House
orientation has been delineated on the plat;
z. The Applicant indicates the subject property was
under separate ownership and legal one time divisions of
the properties transpired while under Ada County
jurisdiction;
aa. The new consent forms have been submitted;
bb. The centerline radius on the curves that do not meet
the definition of an "L" intersection have been revised
to meet a 100 foot centerline radius. The plat reflects
the revisions requested by Ada County Highway District;
and
cc. The Applicant understands a development agreement is
required as a condition of annexation.
34. The Meridian Police Department, the Meridian Fire
Department, the. Meridian Sewer Department and the Nampa & Meridian
Irrigation District submitted comments, which respective comments
are incorporated herein as if set forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
WESTPARK COMPANY, INC.
35. The Central District Health Department submitted
comments. Its comments are incorporated herein as if set forth in
full. Its submitted comments included the following. After
written approval from the appropriate entities are submitted, it
can approve this proposal for central sewage and central water.
Plans for central sewage and central water must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality. Street runoff is not to create a mosquito
breeding problem. Stormwater run-off should flow into a grassy
Swale before discharging to the subsurface and shallow groundwater.
36. 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.
37. There were no other comments by the public regarding this
application.
38. The property is adjacent and abutting the present city
limits of the City of Meridian.
39. The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
40. 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.
41. The property is in an area designated on the Generalized
Use Map of the Meridian Comprehensive Plan as a single family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
WESTPARK COMPANY, INC.
residential area. In the Comprehensive Plan property inside the
Urban Service Planning Area may be developed at greater densities
than one dwelling unit per acre.
42. 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.
43. 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.
44. 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.
45. The R-4, Low Density Residential District. is described in
the Zoning and Development Ordinance, 11-2-408 B. 3 as follows:
~R-4) Low Density Residential District: Only single-
family dwellings shall be permitted and no conditional
uses shall be permitted except for Planned Residential
Development and public schools. The purpose of the (r-4)
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas
where predominately residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4j District allows for a
maximum of four (4) dwelling units per acre and requires
connection to the Municipal Water and Sewer System of the
City of Meridian.
46. Pursuant to the Zoning and Development Ordinance, 11-2-
411. D 1., all new single-family detached housing in the (R-4) Low
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
WESTPARK COMPANY, INC.
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Density Residential District shall be constructed to contain at
least 1,400 square feet of living space of which the garage is not
included in determining the square footage of living space.
47. 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.
48. 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 dwellings 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.
49. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29.
WESTPARK COMPANY, INC.
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50. 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.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67.
51. The City of Meridian has experienced an influx in its
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.
52. 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.
53. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30.
WESTPARK COMPANY, INC.
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quality of service, delivery to current residents or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
54. 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
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.
55. 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.
56. Section 11-9-605 C of the Zoning and Development
Ordinance provides, "Right-of-way for pedestrian walkways in the
middle of the long blocks may be required where necessary to obtain
convenient pedestrian circulation to schools, parks or shopping
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31.
WESTPARK COMPANY, INC.
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areas; the pedestrian easement shall be at least ten feet (10')
wide."
57. Section 11-9-605 G of the Zoning and Development
Ordinance provides in part:
Planting strips shall conform to the following:
1. Plantings 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; .
58. Section 11-9-605 A of the Zoning and Development
Ordinance provides in part:
Public sites and open spaces shall conform to the
following:
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;
59. 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32.
WESTPARK COMPANY, INC.
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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
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.
60. 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 Countv (as prepared by Ada county [sic] Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
61. 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.
62. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33.
WESTPARK COMPANY, INC.
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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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34.
WESTPARK COMPANY, INC.
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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 City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35.
WESTPARK COMPANY, INC.
12. As a condition of annexation and the zoning of (R-4) Low
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
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36.
WESTPARK COMPANY, INC.
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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
development; and
o. Any other items or matte=s 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-4) Low 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 and other governmental agencies shall be met and addressed
in a development agreement.
17. All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37.
WESTPARK COMPANY, INC.
18. Pressurized irrigation shall be installed and
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
Applicant and its 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-
4) Low 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 38.
WESTPARK COMPANY, INC.
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 SMITH
COMMISSIONER MACCOY
COMMISSIONER MANNING
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED r~~~ ~-
VOTED ~ !/
VOTED
DECISION AND RECOI~II~IENDATION
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 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.
MOTION:
APPROVED: 1~~ ~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39.
WESTPARK COMPANY, INC.
tM•«~
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., Cfty 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" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
ROBERT D. CORRIE
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: IIIIa~S. 1997
TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13!97
REQUEST: Annexation and Zoning of 48.7 Acres E of Locust Grove and N Of Victory
Road to R-4
BY: Westpark Company, Inc.
LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 1/4, Section 20. T.3N.. R.1 E.. B.M..
Ada County, Idaho
JIM JOHNSON, P/Z
MALCOLM MACCOY, P2
RON MANNING, P2
GREG OSLUND, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, CIC
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. 8~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. 8 FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN G ( ELIM. & FINAL PLAT)
BUREAU OF RE N (PR . & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
D
epa ~ 1997
w 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
~~~AN
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., Clty 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
PATH A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
L
C
G
ENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public Works/Building Department (208) 887-2211 GREG OSLUND
Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE RON MANNING
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian Gity Hall, Attn: Will Berg, City Clerk by; May 6, 1997
TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97
REQUEST:. Annexation and Zoning of 48 7 Acres E of Locust Grove and N Of Victory
Road to R-4
BY: Westaark Company, Inc.
LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 1/4, Section 20. T.3N.. R.1 E.. B.M..
Ada Countv. Idaho
JIM JOHNSON, P/Z
MALCOLM MACCOY, P2
RON MANNING, P2
GREG OSLUND, P2
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 IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. 8r FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES , /
OTHER: ~f
YOUR CONCISE REMARKS:
QFCEIV~~
t +-~ 7 ~ t4Q7
~~
L G riC
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
May 22, 1997
TO: Westpark Company, Inc.
P.O. Box 344
Meridian, ID 83642
FROM: Karen Gallagher, Coordinator
Planning & Development Service Divis' n
SUBJECT: Preliminary Plat-Sherbrooke Hollow
Locust Grove Rd. & Victory Rd.
On May 21, 1997, 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 standazd 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 aze req 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 prepazed by
an Idaho Registered Professional Engineer, together with payment of plan
review fee.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
c. Complete all street improvements to the satisfaction of the District, or
execute Surety Agreement between the Developer and the District to
guazantee the completion of construction of all street improvements.
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 ~ Phone (208) 345-7680
• •
May 22, 1997
Page 2
3. Furnish copy of Final Plat showing street names as approved by the Local
Government Agency having such authority together with payment of fee charged
for the manufacturing and installation of all street signs, as required.
4. If Public Rights-of--Way Trust 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 yeaz. An extension of one year will be
considered by the Commission if requested within 15-days prior to the expiration
date.
Please contact me at 345-7680, should you have any questions.
KG
cc: Plan & Dev Svcs/Chron
John Edney
Chuck Rinaldi
Meridian City Hall
Kathy Stroschein, Briggs Eng., Inc.
•
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
Preliminary Plat -Sherbrooke Hollow Locust Grove Rd & Victory Rd
Sherbrooke Hollow is a 139-lot residential subdivision on 48.70-acres. The site is located at
the northeast corner of Victory Road and Locust Grove Road. This development is estimated
to generate 1, 390 additional vehicle trips per day (not including the day care facility) based on
the submitted traffic study.
Roads impacted by this development: Locust Grove Road
Victory Road
ACHD Commission Date -May 28, 1997 - 7:00 p.m.
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• •
Facts and Findings:
A. General Information
Owner -Schaffer, Kilgore, and Record
Applicant - Westpark Company Inc.
RT -Existing zoning
R-4 -Requested zoning
48.70 -Acres
139 -Proposed building lots
7,700 -Total lineal feet of proposed public streets
286 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Locust Grove Road
Local section road with bike route designation
Traffic count 1,182 on 9-14-95
790-feet of frontage
50-feet existing right-of--way (25-feet from centerline)
90-feet required right-of--way (45-feet from centerline)
Locust Grove Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
Victory Road
Local section line road with bike route designation
Traffic count 4,055 on 5-29-96 (e/o Eagle Road)
390-feet of frontage
50-feet existing right-of--way (25-feet from centerline)
90-feet required right-of--way (45-feet from centerline)
Victory Road is improved with 30-feet of pavement with no curb, gutter or sidewalk.
B. This site was previously reviewed as an annexation for the proposed Highlands Ranch
Subdivision on February 8, 1995. The annexation request was fora 482-lot mixed
residential subdivision on 180-acres. This site was reviewed several times for preliminary
plat review, but has never proceeded to final plat for various reasons. This project includes
only the western portion of the Highlands Ranch site (west of Ridenbaugh Canal).
C. Utility street cuts in new pavement less than five years old is not allowed unless approved in
writing by the District. Contact Construction Services at 345-7667 (with file numbers) for
details.
SHERBRK.COM
Page 2
• •
D. The applicant is proposing two public street connections, Limousine Drive on Locust Grove
Road and Potlatch Avenue on Victory Road. A commercial lot is proposed on Locust Grove
Road on the west side of the site.
E. The preliminary plat indicates that the Eight Mile Drain borders the site on the west and the
Ridenbaugh Canal borders the site on the east. The District currently has the reconstruction
of this bridge for Locust Grove Road listed in the Five Year Work Program for 1999.
However, the Five Year Work Program is in the process of being modified. The applicant
is proposing to construct Limousine Drive to connect to Locust Grove Road, located
approximately 20-feet south of the north boundary line (approximately 1,200-feet north of
Victory Road). However there is an approved road (Lake Creek Street) on the west side of
Locust Grove Road, located approximately 985-feet north of Victory Road and an existing
bridge on Locust Grove Road (for the Eight Mile Drain) just north of Lake Creek Street.
The proposed location of Limousine Drive would not provide adequate sight distance from
the existing bridge on Locust Grove Road nor meet the District's required 150-foot offset
from Lake Creek Street on the west side of Locust Grove Road. District staff recommends
that the applicant be required to align Limousine Drive with the approved Lake Creek Street
on the west side of Locust Grove Road or offset Limousine Drive 150-feet from any
existing/approved roads/driveways.
The applicant will have to construct a minor bridge over the Eight Mile Drain in order for
the proposed Limousine Drive to intersect Locust Grove Road. District staff recommends
that the applicant be required to submit detailed design drawings sealed, signed and dated by
a Registered Professional Engineer qualified in bridge design to the ACRD Engineering
Services staff for their review and approval prior to District approval of the final plat. The
applicant should also be required to obtain approval from the Bureau of Reclamation and the
ditch company having jurisdiction for the bridge crossing.
OR
The applicant may submit a design showing an alternate street connection to Locust Grove
Road. Coordinate design with District staff.
F. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Locust
Grove Road abutting the site. Because of the District's future reconstruction of the Eight
Mile Drain bridge on Locust Grove Road, staff recommends two options depending upon the
timing of the bridge's reconstruction and the phasing of the subdivision. The two options
pertain to the northern 300-feet of frontage on Locust Grove Road that would be effected by
the construction. The southern 490-feet of frontage should be required to have the abutting
sidewalk constructed regardless of the bridge's construction schedule.
If the bridge has been reconstructed by the time the final plat for the phases abutting Locust
Grove Road are approved by the District, the applicant should be required to construct
sidewalk abutting the site's northern 300-feet of frontage. If the bridge has not be
SHERBRK.COM
Page 3
• •
reconstructed by the time the applicant requests approval of final plat for the phase(s)
abutting the northern 300-feet of frontage on Locust Grove Road, the applicant should be
required to provide a $2,550 deposit to the Public Rights-of--Way Trust Fund for cost of
constructing a 5-foot wide concrete sidewalk.
G. District policy requires the applicant to construct a 5-foot wide detached concrete sidewalk
on Victory Road abutting the parcel (approximately 390-feet) prior to issuance of any
required permits or District approval of a final plat, whichever occurs first.
H. The applicant is proposing a commercial lot in Lot 1, Block 3, of the proposed subdivision.
Any proposed driveway to the commercial lot shall be located to align or offset a minimum
of 150-feet from any existing or approved driveways/roads on Locust Grove Road.
Coordinate the location of the driveway with District staff.
I. The applicant is proposing to construct Potlatch Avenue to connect to Victory Road, located
200-feet east of the west boundary. This location meets District policy.
J. A traffic study has been submitted for this development. According to the traffic study, the
applicant should be required to construct a center turn lane on Victory Road for the Victory
Road/Potlatch Avenue intersection. The turn lane should provide a minimum of 100-feet of
storage with shadow tapers for both the approach and departure of the center turn lane.
Coordinate the design of the turn lane with District staff.
K. The applicant is proposing to construct Mackay Drive approximately 50-feet north of Brauma
Drive. District policy requires that Brauma Drive and Mackay Drive be offset 125-feet or
aligned. The proposed street locations do not meet District policy. In accordance with
District the applicant should be required to align or offset the streets 125-feet (measured from
centerline to centerline).
L. District staff recommends that the applicant be required to construct all internal streets to a
37-foot street section with curb gutter and 5-foot wide concrete sidewalks.
M. The applicant is proposing a pedestrian access over the Ridenbaugh Canal at the east
boundary of the site, located between Lots 7 and 9, Block 7, of the proposed subdivision.
Although it has been determined that a vehicular connection over the canal will not be
required because of the topography, the applicant should provide a deposit to the Public
Rights-of--Way Trust Fund for 1/2 of the cost of a pedestrian crossing/bridge over the
Ridenbaugh Canal for infra-neighborhood connectivity. The remaining 1/2 of the cost of the
pedestrian crossing will be paid by the parcel east of this site.
N. The applicant is proposing to construct a stub street at the north boundary of the site located
approximately 1,450-feet east of Locust Grove Road. Staff supports the location of the stub
street. The traffic study recommends a second stub street to the north at the eastern terminus
of Limousine Drive. Staff supports this recommendation.
SHERBRK.COM
Page 4
•
O. The applicant is proposing to construct a stub street to the south at the southeast boundary of
the site, located approximately 110-feet west of the east boundary. Staff supports the
location of the stub street. The applicant should provide a temporary turn around at the end
of the stub street with an appropriate easement (for the turn around) provided to the District.
Coordinate the easement with District Staff.
P. The traffic study and staff recommend that another stub street be provided to the north
boundary of the site at the eastern terminus of Limousine Drive. The addition of the stub
street will eliminate the proposed "knuckle" on Limousine Drive, resulting in a 'T'
intersection.
Q. The applicant is proposing two "knuckles," one on Potlatch Avenue located approximately
125-feet north of Victory Road and the other on Limousine Drive located approximately 500-
feet east of Locust Grove Road. As stated above, the "knuckle" on Limousine Drive will be
eliminated. District staff recommends that the center islands within the "knuckles" be
constructed a minimum of 4-feet wide to total a minimum 100-square foot area and dedicate
54-feet of right-of--way for the turn around plus the additional width of the median. District
staff recommends that the applicant be required to provide a minimum travel lane width of
28-feet around the island. Coordinate the design of the "knuckle" with District staff.
R. As required by District policy, restrictions on the width, number and locations of driveways,
may be placed on future development of this parcel.
S. 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:
Site Specific Requirements:
1. Dedicate 45-feet of right-of--way from the centerline of Locust Grove Road abutting the par-
cel by means of recordation of a final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits), whichever occurs first. The
owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit a letter of application to the impact fee administrator prior to breaking
ground, in accordance with Section 15 of ACHD Ordinance # 188.
2. Dedicate 45-feet of right-of--way from the centerline of Victory Road abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will be compensated for this additional right-of--way from available impact fee revenues in
this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner
SHERBRK.COM
Page 5
• •
must submit a letter of application to the impact fee administrator prior to breaking ground,
in accordance with Section 15 of ACRD Ordinance #188.
3. Align Limousine Drive with the approved Lake Creek Street on the west side of Locust
Grove Road or offset Limousine Drive 150-feet from any existing/approved roads/driveways.
This will require the applicant to construct a bridge over the Eight Mile Drain in order for
the proposed Limousine Drive to intersect Locust Grove Road and coordinate with the
District's Engineering Services staff for the Eight Mile Drain bridge over Locust Grove Road
Submit detailed design drawings sealed, signed and dated by a Registered Professional
Engineer qualified in bridge design to the ACHD Engineering Services staff for their review
and approval prior to District approval of the final plat. Submit written approval from the
Bureau of Reclamation and the ditch company having jurisdiction for the bridge crossing.
4. Any proposed driveway to the commercial lot shall meet District policy. Current District
policy requires a driveway to be located aligned or offset a minimum of 150-feet from any
existing or approved driveways/roads on Locust Grove Road. Coordinate the location of the
driveway with District staff upon development of the lot.
5. Construct Potlatch Avenue to intersect with Victory Road, located 200-feet east of the west
boundary .
6. Construct a center turn lane on Victory Road for the Victory Road/Potlatch Avenue
intersection. The turn lane shall provide a minimum of 100-feet of storage with shadow
tapers for both the approach and departure of the center turn lane. Coordinate the design of
the turn lane with District staff.
7. Construct a 5-foot wide detached concrete sidewalk on Victory Road abutting the parcel
(approximately 390-feet) prior to issuance of any required permits or District approval of a
final plat, whichever occurs first. Locate the sidewalk one foot within the new right-of--way.
8. Construct a 5-foot wide concrete sidewallc on Locust Grove Road for the southerly 490-feet
of the project site.
Complete one of the following for the northern 300-feet of frontage on Locust Grove Road:
If the bridge for the Eight Mile Drain has been reconstructed on Locust Grove Road
by the time the applicant requests District approval of the final plats(s) for the
phase(s) abutting the subject section of Locust Grove Road, construct a 5-foot wide
concrete sidewalk, or
If the bridge for the Eight Mile Drain has II4I been reconstructed on Locust Grove
Road by the time the applicant requests District approval of the final plats(s) for the
phase(s) abutting the subject section of Locust Grove Road, provide a $2,550 deposit
SHERBRK.COM
Page 6
•
to the Public Rights-of-Way Trust Fund for cost of constructing a 5-foot wide
concrete sidewalk.
9. Construct Mackay Drive to align or offset 125-feet with Brauma Drive (measured from
centerline to centerline).
10. Construct all internal streets to a 37-foot street section with curb, gutter, and 5-foot wide
concrete sidewalks.
11. The proposed pedestrian access to the east boundary of the site, located between Lots 7 and
9, Block 7, of the proposed subdivision, is approved with this application. Provide a
$15,000 deposit to the Public Rights-of--Way Trust Fund, 1/2 the cost of the pedestrian
bridge (the bridge is estimated to cost $30,000).
12. Construct a stub street at the north boundary of the site located approximately 1,450-feet east
of Locust Grove Road.
13. Construct a stub street to the north boundary of the site at the eastern terminus of Limousine
Drive. Coordinate the location with District staff.
14. Construct a stub street to the south at the southeast boundary of the site, located
approximately 110-feet west of the east boundary. Provide a temporary turn around at the
end of the stub street with an appropriate easement (for the turn around) provided to the
District. Coordinate the easement for the turn around with District Staff.
15. Construct one "knuckle" on Potlatch Avenue located approximately 125-feet north of Victory
Road. Construct the center island within the "knuckle," a minimum of 4-feet wide to total a
minimum 100-square foot area and dedicate 54-feet of right-of--way for the turn around plus
the additional width of the median and provide a minimum travel lane width of 28-feet.
Coordinate the design of the "knuckle" with District staff.
16. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
17. Other than future access to the commercial lot, direct lot or parcel access to Locust Grove
Road is prohibited. Lot access restrictions, as required with this application, shall be stated
on the final plat.
18. Direct lot or parcel access to Victory Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
Standard Requirements:
1. 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. Th~uest shall
SHERBRK.COM
Page 7
• •
~ecifically identi each requirement to be reconsidered and include a written explanation of
why such a regSiirement would result in a substantial hardship or inegl i ~. The written
rgggPst 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 staff to 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 reauPsc for reconsideration shali_
of data that was not available to the Commission at the time of its o_ri¢i_n~l 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.
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
SHERBRK.COM
Page 8
•
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:
1. ACRD 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.
SHERBRK.COM
Page 9
CENTRAL CEN'T~AL DISTRICT HEALTH DEPAi~TFENT
•• DISTRICT Environmental Health Division R~C~I-V"~~tiurln to:
H EA LT H MAY 0 5 1997 ^ Boise
DEPARTMENT ^ Eagle
Rezone # ~~~ ~ r1 tt~CS - /~' ~ CITY OF dV1ERIDIAIV ^ Garden city
Meridian
Conditional Use # ^ Kuna
Preliminary /Final /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
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
,[] 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
ice-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:
.icecentral sewage ^ community sewage system ^ community water
^ sewage dry lines ~ central water
~, 10.
^ I I.
^ 12.
^ 13.
^ 14.
15.
Street Runoff is not to create a mosquito breeding problem.
Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules.
^ Groundwater Protection
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery st~pre
Sir~"2,u~i~~72 ~'-'r/~~-aFF /,flu/C~ ~~,~1 /r~ 7-v .R-r~'~^~J'y Date: l 3 ~ l ~ 7
S~l~ A LL =aae ~ lS C /M i+-+ 7n Reviewed By:
~' ~ Q S ~ rt P=/~C ~ . ~ s'Hn 1(n W G roU-.~, n~ i2 .
Review Sheet
rcb, rcv. I/95
• M
t ~ REcE'vED
MAY 0 2 1447
CITY OF ~AERIDIAN
'?~a~i~r~ia ~i ~ridta~ ~I~uy~at~oac Dla~ztct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
29 Apri/ 1997 OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
City of Meridian Boise 345-2431
33 East Idaho
Meridian, /D 83642
RE: Annexation and Zoning for Proposed Sherbrooke Ho/%w Subdivision - Westpark
Co., /nc.
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the rezone for the above
referenced project.
Sincerely,
B ll~ son A .Water Superintendent
NAMPA & MER/D/AN lRR/GATION D/STR/CT
BH: d/n
cc: File -Shop
File -Office
V1,'ater Sr.~perintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
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, Clty Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN RONALD R. TOLSMA
EE
C
BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY
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
W.L. "BILL" GORDON, Police Chief Public WorksBuilding Department (208) 887-2211 ,
GREG OSLUND
WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE RON MANNING
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: May 6, 1887
TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97
REQUEST: Annexation and Zoning of 48 7 Acres E of Locust Grove and N Of Victory
Road to R-4
BY: Weste,ark Comoanv. Inc.
LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 1/4. Section 20. T.3N.. R.1 E. B M }
Ada Countv. Idaho
JIM JOHNSON, P2
MALCOLM MACCOY, P2
RON MANNING, P/Z
GREG OSLUND, P2
KEITH BORUP, P2
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. 8~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT]
U.S. WEST (PRELIM. 8~ FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE R KS:
iVv Co.sr~tt~~
.D
7
I}~~I~
•
~NGINEERI/yG
BRIGGS
May 28, 1997 ' " c~
Mr. Bruce Freckleton
Ms. Shari Stiles
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Sherbrooke Hollows Subdivision
A. GENERAL COMMENTS:
5~
1. The subject parcel abuts the Ridenbaugh Canal and Eight Mile Lateral. The two irrigation
facilities exceed a 48-inch pipe size and therefore, fall within the category for exemption
from tiling. If a variance is required, please specify as a condition of approval when the
application should be submitted.
The Nine Mile Drain runs parallel with the Ridenbaugh Canal. The applicant would prefer
to relocate the drain. The Bureau of Reclamation had requested the drain remain open on a
project north of the subject property. I contacted John Anderson of Nampa Meridian
Irrigation District concerning relocation of the drain. He indicated plans would need to be
submitted and reviewed to determine the method and location. I will contact the Bureau and
Nampa Meridian Irrigation District to obtain guidance on whether the facility should be tiled
or remain open.
A small drain exists through the mid-section of the parcel exiting to the north boundary. The
applicant intends to pipe the small ditch.
2. I have no knowledge of any existing wells or septic systems on the property.
3. Jason Kelly, a professional engineer with expertise in the area of soils and hydrology was
retained by the applicant to install pziometers at the site and monitor the groundwater. Five
pizometers were installed in different areas of the property. A summary of the groundwater
investigations was submitted with the application.
4. A master drainage plan will be submitted to all governing agencies for their review and
approval after preliminary plat approval.
961102\freckleton-ltr
1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950
BRIGGS ENGINEERING, ~N~',. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
5. The Ada County Street Name Committee reviewed the preliminary plat and commented on
April 17, 1997. Additional street names were required and minor alignment changes were
requested. Two names were added to the plat which were approved by the Street Name
Committee on June 8, 1995 (Highland Ranch). The preliminary plat reflects the Street Name
Committees changes.
6. Engineer will coordinate hydrant locations on construction plans with Meridian Public
Works after preliminary plat approval.
7. The subject property lies outside the 100-year floodplain as designated on the FEMA maps.
8. The applicant understands that the following improvements are required prior to the
acceptance of a building permit application
a. Domestic water system (approved and activated)
b. Pressurized irrigation system (approved and activated)
c. Perimeter fencing (installed)
d. Road base (approved by ACHD)
9. All proposed new public streets will have five (5') foot sidewalks on both sides. Victory
Road and Locust Grove Road frontage will have five (5') foot sidewalks as required by
ACHD.
10. Applicant has complied with required response.
B. SITE SPECIFIC COMMENTS:
1. The applicant will provide easement documents to Meridian Public Works Department after
receiving preliminary plat approval.
A site plan for future residential development of the Stopello property was provided to Mr.
Stopello for his review. The legal description for the sewer easement, prepared by Briggs
Engineering, reflects the street alignment in the Stepello site plan.
The preliminary plat has been revised to reflect the extension of the 12-inch sewer trunk line
to Victory Road.
The applicant understands that he will be responsible for extension of the Nine Mile Sewer
Trunk line through the Stopello property and the subject parcel. The applicant proposes to
enter into a "Late Comer Agreement" with the City of Meridian for the offsite sewer.
961102\freckleton-ltr
BRIGGS ENGINEERING, ~N~i. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
The applicant understands City of Meridian acceptance of sewage is dependent on sewer
capacity. Project engineer will coordinate main sizing and comply with City requirements.
2. The applicant understands he must extend water from Locust Grove through the subject
property and along the property's Locust Grove and Victory frontage. Project engineer will
coordinate water design with Meridian Public Works Department.
3. The pressurized irrigation pump station is proposed adjacent to the Ridenbaugh Canal on
Nine Mile Drain. The preliminary plat has been modified to reflect this location. The final
location of pump station will have to be approved by Nampa Meridian Irrigation District.
The applicant will coordinate with the City of Meridian on a supplementary connection to
the pressurized irrigation system.
The pressurized irrigation system will be owned and maintained by Nampa Meridian
Irrigation District.
4. The applicant will provide a detailed landscape plan on the common area for the City's
review prior to submittal of the final plat. The applicant understands he will be required to
install the landscaping or bond prior to City signature on the final plat.
5. The existing Nine Mile Drain easement is approximately 50 feet. The applicant intends to
relocate the drain parallel with the Ridenbaugh. This relocation will require coordination. and
approval by Nampa Irrigation District and Bureau of Reclamation. The applicant intends
to re-channel the drain east of its current location.
6. The applicant will insta116-foot non-combustible fencing along the perimeter of the subject
property prior to obtaining building permits. The irrigation easements for the Ridenbaugh
Canal and Eight Mile Lateral are proposed as separate lots. No encroachment by fencing
within the easements is proposed.
7. The revised preliminary plat reflects scaled dimensions on all lots.
8. The easement for the Eight Mile Lateral is 80-feet (40 feet from ditch centerline on both
sides). The easement along the south side of the Eight Mile Lateral has been added to the
preliminary plat. The lot west of the Eight Mile Lateral has been separated from the lateral
lot. A block designation was shown on the preliminary plat, block 3.
9. The applicant will provide detailed plans for drainage facilities and a high groundwater report
by a soils scientist for City review with the final construction plans.
10. Applicant will install street lights consistent with the requirements of the City of Meridian.
961102\freckleton-Itr
•
•
BRIGGS ENGINEERING, ANC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
11. Blocks 1, 2, 3 & 7 exceed the 1,000 foot block length. The unusual configuration of the
parcel limits the lot layout potential and creates longer block lengths. The Eight Mile Lateral
creates a long block since it inhibits the potential for stub street connections. Block 7 abuts
the Ridenbaugh Canal. and two micro-path connections have been provided in this block to
a proposed pedestrian bridge. The intent of block limitations is to minimize the walking
distance between blocks. We believe the micro-connections in this block provide the
connection.
The Locust Grove entrance has been relocated south to align with Lake Creek Street in the
proposed Salmon Rapids No. 4 Subdivision. This revision meets ACRD standards and
solves any ingress/egress conflict between the subject parcel and Shipley property.
Ada County Highway District has determined a vehicular access across the Ridenbaugh
Canal is not preferred due to topographical differences.
I met with Ken Bowers, Meridian Fire Department, he indicated that the two points of
ingress and egress to the parcel and the three(3) stub streets will provide adequate access to
the development for emergency vehicles.
We believe a vehicular bridge is not appropriate at this location and would not provide
enhanced emergency vehicle access that would warrant the cost of $300,000 - $500,000. The
project has 140 lots which obviously could not absorb the expense.
12. The cul-de-sac E. Mackay Drive has been revised to meet the 450-foot maximum length.
13. Reference to the daycare lot has been removed.
14. Aturn-around easement will be prepared and recorded.
15. All lots meet the 80-foot frontage requirement with the exception of corner lots and cul-de-
sac lots. House orientation has been delineated on the plat.
16. The applicant indicates the subject property was under separate ownership and legal one time
divisions of the properties transpired while under Ada County jurisdiction.
17. The new consent forms have been submitted.
18. The centerline radius on the curves that do not meet the definition of an "L" intersection have
been revised to meet a 100-foot centerline radius. The plat reflects the revisions requested
by ACHD.
961102\freckleton-ltr
~ ~
BRIGGS ENGINEERING, ANC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
19. Submitted three (3) revised copies.
20. The applicant understands a development agreement is required as a condition of annexation.
Sincerely,
BRIGGS ENGINEERING, Inc.
Becky L. Bowcutt
Land Use Planner
~~~
961102\freckleton-ltr
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• •
June 2, 1997
Planning and Zoning Commission
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
~7~~E~vEC.~-
,~ U N 0 9 1997
CITY ~3F ~AERIDIAN
RE: Rezone Application by Westpark Co Inc for Sherbrooke Hollow Subdivision
As trustee for the Morgner property that will border the proposed subdivision on Victory Road, I
have several concerns with the proposed rezone that I would like to address. I will probably not
be able to attend the hearing due to some minor surgery. I do realize that nothing I have to say
will inl7uence the approval of this application. However, my personal philosophy is that at some
point in the very near future we are going to regret using all the productive agricultural land for
building housing developments.
1. Something that must be stressed to any potential home buyer, especially those closest to Victory
Road, is that the Morgner property is a working farm that is not inside the Meridian city limits.
This farm may generate noise from machinery and livestock, smells and insects from livestock,
chemical spraying, dust, smoke from burning, slow traffic when equipment is moved, and any other
farm related activities that urban dwellers seem to feel are nuisances.
Likewise, the residents of this subdivision need to be reminded that this is private property and is
not a recreation site for training and exercising dogs or other animals, riding motorized recreation
vehicles, target practice, hunting, interfering with irrigation, bothering livestock or any other type
of trespassing. Also, it is not a place for them to dump unwanted trash or pets.
2. A second big concern is the potential impact all this building may have on current domestic
wells. We have already had to drill a second well as have numerous others in this same area. Even
though the deeper wells are probably used in these big subdivisions, the increased building has
already impacted the domestic water source in this area. Groundwater contamination of the
shallower domestic water wells is a also a concern will an increase in the number of people using
chemicals on their lawns and for other domestic uses plus areas covered by asphalt.
Even though monitoring of the groundwater has been done over a period of several months, for the
most part this monitoring was completed during the years of a "dry cycle" . The potential for
groundwater contamination during a "wet period" could be quite different and I do not feel that
this impact has ever been fully considered.
3. The generation of more traffic as increased building occurs never seems to be addressed until
all of the homes are built. The country roads in this area were not designed to handle the high
volumes of traffic that is now using them. The people most impacted are those living in the older
• •
homes built many, many years ago. We are increasingly subject to more traffic noise. When roads
must be widened we are forced to sell frontage or face condemnation in order to accommodate the
increased traffic demands. This places homes even closer to busy streets and additional noise.
I do not feel that any thought is given to mass transit or alternative types of transportation when
these subdivisions are planned for the Meridian area. At the very least, I think that ACHD needs
to consider lowering the speed limits as that may at least slow a few people down.
4. During a quick review of the proposed covenants for Sherbrooke Hollow Subdivision, I noticed
on page 7, paragraph 4.15 that it referred to the Boise City Sewer System. I was given the
impression that the City of Meridian was providing sewer services to all of the new subdivisions
south of the interstate that are in Meridian's area of impact. I am assuming this was a keying
error. However, if this is not an error I think the public is being misinformed by the developers
and should be addressed.
I did appreciate the developers meeting with the bordering property owners and listening to our
concerns. I feel that should be a requirement for any developer who plans to request a rezone. At
least the housing density is not as high as in many of the subdivisions being built in the area.
__
v ~~
Luann Kuntz, Trustee
E. Marleen Morgner Living Trust
~~::~~ ~.
J t1 ~~ - 9 ?~s1
JON AND BONITA J. OLICK
2860 E. VICTORY ROAD
MERIDIAN, IDAHO 83642
208-888-5387
0.i7t~ ~a~Y~.:3C:~a.~.lit~h~~
June 7, 1997
To: Meridian Planning and Zoning Commission
33 E. Idaho
Meridian, Idaho 83642
From: Jon and Bonita Glick
2860 E. Victory Rd.
Meridian, Id. 83642
Re: Application of The Westpark Co. for a Preliminary Plat and Annexation and
Zoning for the Sherbrooke Hollows Subdivision located at S 1/2, S 1/4,
Section 20, T.3N., R.1 E., B.M., Ada Co., Idaho.
To whom it may concern:
Our concerns regarding this preliminary plat and application for annexation and
zoning are many. In the past we have made those concerns known during the
application process by Westpark Co. for plans pertaining to The Highlands Ranch
Subdivision, a plan that was replaced by the current one for Sherbrooke Hollows.
Although this present application does not abut our property, it looks to be the first
phase of a plan by Westpark Co. to eventually develop east of the Ridenbaugh
Canal, which would abut our property.
First, most of the properties next to this proposed development are anywhere from
two to ten acre lots. It seems that development of a minimum of R4 is creeping
ever closer to our acreages, with no consideration given to the Meridian
Comprehensive Plan where it states that.. "there is an importance to maintaining
compatible land uses to ensure an optimum quality of Iffe...and new urban densit)r
subdivisions which abut or are proximal to existing rural residential land uses shall
provide transitional densities with larger more comparable lot sizes to buffer the
interface between urban level densities and rural residential densities...and that
land next to rural land should be developed with lots compatible with the rural
• •
areas to improve and enhance each neighborhood's condition and its quality of
life". We feel some consideration should be given to these guidelines with larger,
more comparable lot sizes interfacing the urban level densities and rural
residential densities of 2-10 acres.
Secondly, a number of the rural residents along Victory Road have had to re-drill
their wells in recent years. We are concerned about our wells going dry
depending on where a deep well might be placed to service this subdivision.
Thirdly, a concern is the drainage retention lot and where ~ will be placed, will the
drainage be adequate and safe for the domestic well water sources located on
adjacent acreages?
Our goal is to maintain the quality of life we have enjoyed in rural Meridian for 13
years. We hope the Commission will consider the rural, open atmosphere as
valuable as we do in preserving what makes this area attractive to live in.
Compatible and transitional lot sizes would help tremendously in maintaining this
rural quality.
Thank you for considering our concerns regarding this proposed development.
Sincerely,
~ ~ ~Q c
Jon and Bonita J. Glick
• ENGINEER/NG
BRIGGS
INC.
May 30, 1997
Mr. And Mrs. Fritts
2384 E. Victory
Meridian, Idaho 83642
Re: Sherbrooke Hollow Subdivision
Dear Neighbor:
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I have included a copy of the most current preliminary plat which reflects changes requested by
Ada County Highway District and the City of Meridian.
You had questions concerning the future road improvements on Locust Grove and Victory Road.
Ada County Highway District plans on rebuilding Locust Grove from Overland to Victory
Road in 1999. This project would include reconstruction of the bridge over the Eight Mile
Lateral. The project is currently listed in ACHD's Five Year Construction Plan, however, no
funding has been allocated to the project at this time. Proposed future right-of--way width for
Locust Grove will be 90 feet with a 70 foot road section (5 lanes).
Victory Road reconstruction is not in the ACHD Five Year Plan. The road will be improved in
the future with a 90 foot right-of--way and a 50 foot road section (41anes).
The developer, West Park Company, has agreed to a 6 foot chain link perimeter fence for the
project. They have agreed to coordinate with adjoining property owner's to ensure existing
drainage pathways are continued and to provide drainage berming along the southeast area of the
property to protect the lots and parcels from irrigation drainage overflow.
The developer has expressed a willingness to include the Right to Farm Statute on the final plat.
This will be a recorded notice to all future lot owners that adjoining agricultural uses exist, shall
be protected and cannot be considered a nuisance.
Another issue addressed was the restriction of one-story homes on the two (2) lots adjoining
Victory Road and the six (6) lots adjoining the southeast corner of the property. The developer
has agreed to specify single-story restrictions to preserve the adjoining neighbors view corridor.
961102~neighbor-fritts
1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950
BRIGGS ENGINEERING 11~. 1111 s. or ~ ~ ,,
~ chard, Suite 600 Boise, Idaho 83705 (208) 345-2881 FAX # (208) 345-295..
I hope the information provided answers your questions and concerns.
Sincerely,
BRIGGS ENGINEERING, Inc. ''
~'"'rY
Becky owcutt
Land Use Planner
BBL:fc
Attachments:
1. Full size current Preliminary Palt
2. Groundwater Study
3. Protective Covenants
961102~neighbor-fritts
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Marvin and Nancy Hansen
2460 E. Victory Road `~ ~`~' ~~~
Meridian, Idaho 83642 ~~~
June 10, 1997
Meridian Planning and Zoning Commission
33 East Idaho Street
Meridian, Idaho 83642
RE: APPLICATION OF WESTPARK COMPANY, INC.
ANNEXATION AND ZONING
This letter is to voice our concerns regarding the above development. Although
the developer is. now being more responsive to neighbors' issues, our main
concerns remain as those voiced in response to earlier applications by Westpark
Co.:
• Meridian is growing too quickly. The dense development of the rural
community wastes farmland and puts too many demands on this small town's
core resources. Although these new properties and citizens in the community
increase the tax base, it does not keep up with the demands of burgeoning
schools, increased crime, more demands on fire departments, more demand
on atl city resources, etc.
Although growth and development is inevitable, does this farmland really need
to be annexed into the city and zoned R4? Luxurious houses on large lots
could bring in more tax base without straining the core services. One-acre to
five-acre lots allows development, keeps the density down, and is more in
keeping with Meridian's comprehensive plan which states:
...existing rural land uses and farms/ranches shall be buffered from urban
development expanding into rural area by innovative land use planning techniques...new
urban density subdivisions which abut or are proximal to existing rural residential land uses
shall provide screening and transitional densities with larger more comparable lot sizes to
buffer the interface between urban level densities and rural residential densities.
• Water, even though from a city well, is still a concern because every time a
well is drilled to take water from a new source, the old source loses some of
•
Page 2
its supply. Many of us have fairly shallow wells and do not want the
expense and hassle of wells drying up. We also do not want to hook onto
city water. Both, redrilling and city water are extremely expensive
processes, and we have already invested heavily in our well.
to summary, our recommendation is that Planning and Zoning, and in tum the
City Council, stick to the comprehensive plan and team to say "no" to the
developers requesting annexation of farmland for dense subdivisions.
Sincerely,
Marvin R. Hansen
~~~~ ~
Nancy an n
2460 E. ictory Road
Meridian ID 83642
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Marvin and Nancy Wansen
2460 E, Victory Road
Meridian, Idaho 83642
August 5, 1987
Meridian City Council
33 East Idaho Street
Meridian, Idaho 83642
RE: APPLICATION OF WESTPARK COMPANY, INC.
ANNEXATION AND ZONING
This fetter voices some of our concerns regarding the above development.
Although the developer is now being more responsive to neighbors' issues, our
main Concerns remain as those voiced in response to earlier applications by
Westpark Co.:
• Meridian is growing too quickly. Ciense development of this rural community
wastes farmland and puts too many demands on the small town's care
resources. Although these new properties and citizens in the community
theoretically increase the tax base, it cannot keep pace with the increased
demands of burgeoning schools, crime, fire, and requests to other city
resources.
• Water, even though from a city well, is still a concern because every time a
well is drilled to take water from a new source, the old source loses some of
its supply. Many of us have fairly shaNow wells and do not want the expense
and hassle of wells drying up. We also do not want to hook onto city water.
Bo#h redrilling and hooking to city water are extremely expensive processes,
and we have already invested heavily in our existing well.
• We also wont' about the increased traffic volume generated by 139 single
family dwelling lots. If each of the 139 families makes the allotted °norm" of 10
vehicle trips per day, another 1$90 cars travel to and from the area each day.
•
• •
Meridian City Council
August 5, 1997
Page 2
• Inevitable growth and development does NOT necessarily mean this farmland
really needs annexation into the city and zoning of R4. Luxurious houses on
large lots increase the tax base without straining the core services. Allowing
this property to remain under Ada County jurisdiction would allow development
of one-acre to five-acre lots, keeping the density down, and more-closely
following Meridian's compr®hensive plan which states:
...existing rural land uses and farms/ranches shall be bufFered from urban
development expanding into rural area by innovative land use punning bechniques.,.new
urban density subdivisions which abut or are proximal to existing rur#1 residentul and uses
shall provide screening and transitional densities with urger more comparable lot sires to
buffer the interface between urban level densities and rural residential densities.
In summary, we recommend that you, the City Council, follow the comprehensive
plan and Team to say "no" to the developers requesting annexation of farmland for
dense subdivisions.
Sincerely,
~~,~ ,~ ~-
Marvin R. Hansen
4~/
Nancy ansen
Wendy R. ansen
2460 E. Victory Road
Meridian iD 83642
•
•
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves ~hese Findings of Fact
1
and Conclusions of Law on this ~~ day of , 1996.
~20LL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVE
VOTED
VOTED
VOTED (~,
VOTED (~
VOTED
DISAPPROVED
Meridian Planning & Zonii~:,ommission ~
July 8, 1997
Page 12
MacCoy: Mr. Chairman, I move we have the Council prepare findings of fact and
conclusions of law for this project, Fairview Business Center.
Borup: Second
Johnson: Motion and a second to have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING OF 48.7 ACRES. TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE
ROAD, N. OF VECTORY ROAD:
Johnson: Is there any discussion regarding these findings of fact that we received
today? We need a motion for approval.
MacCoy: Mr. Chairman I move that the Meridian Planning and Zoning Commission of
the City of Meridian hereby adopt and approves these findings of fact and conclusions.
Borup: Second
Johnson: Motion and a second to approves these findings of fact and conclusions of law
as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Manning -Absent
MOTION CARRIED: All Yea
Johnson: Is there a recommendation you would like to make for the City Council at this
time?
Borup: Mr. Chairman, I move 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, interests, 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.
Smith: Second
Johnson: Motion and a second to pass that recommendation on to the City Council as
stated by Commissioner Borup, all those in favor? Opposed?
MERIDIAN PLANNING & ZONING COMMISSION MEETING: July 8,1897
APPLICANT: WESTPARK CO. AGENDA ITEM NUMBER: 5
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATIONlZONING
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR: C ~- r~
CITY ATTORNEY: ~T
CITY POLICE DEPT:
~~
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: ~j
-,~~~'
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
~ r
MERIDIAN PLANNING & ZONING COMMISSION MEETING: Mav 13 1997
APPLICANT: WESTPARK CO. AGENDA ITEM NUMBER: 10
REQUEST: ANNEXATION20NING OF 48 7 ACRES TO R~
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
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
"REVIEWED" ""
SEE ATTACHED COMMENTS ~~}
~~
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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, Idaho, at the hour of 7:00 p.m., on May 13, 1997, for the purpose of
reviewing and considering the Application of Westpark Company Inc., for annexation
and zoning of approximately 48.7 acres of land located in the S '/z, SW '/4, Section 20,
T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally
located East of Locust Grove, N. of Victory Road. The Application requests a zone of
R-4.
Further, applicant requests Preliminary Plat approval of the parcel of land above
described for 139 of single family dwelling lots and 1 daycare lot for Sherbrooke Hollow
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 25th day of April, 1997.
LIAM G. BERG, JR., C LERK
PUBLISH April 25, 1997 and May 2, 1997.
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, Clty 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
ROBERT D. CORRIE
Mayor
SOUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
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: May_6. 1997
TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5!13/97
REQUEST: Preliminary Plat for 139 Single-family Lots and 1 Daycare Lot on 48.7 Acres
in a Proposed R-4 Zone -Proposed Sherbrooke Hollow Subdivision E. of Locust Grove
and N. of Victory Road
BY: Westaark Company, Inc.
LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 1/4. Section 20, T.3N., R.1 E.. B.M..
Ada County, Idaho
JIM JOHNSON, P/Z
MALCOLM MACCOY, P2
RON MANNING, P2
GREG OSLUND, 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. 8 FINAL PLAT)
ADA COUNTY MIGHWAY DISTRICT
_ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. $ FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
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CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
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