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HomeMy WebLinkAboutHaven Cove Subdivision No. 7 FPWILLIAM 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief W'AYNE G. CROOKSTON, JR., Attorney TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998 TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: MERIDIAN LAND DEVELOPMENT COMPANY LLC LOCATION OF PROPERTY OR PROJECT: A portion of the S'/z of NW'/4 Section 11 T.3N., RAW., B.M. JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _�'ITY ATTORNEY CITY ENGINEER CITY PLANNER _ PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. B NTLEYEE 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 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998 TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: MERIDIAN LAND DEVELOPMENT COMPANY LLC LOCATION OF PROPERTY OR PROJECT: A portion of the S'/z of NW'/4 Section 11 T.3N., RAW., B.M. JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _�'ITY ATTORNEY CITY ENGINEER CITY PLANNER _ PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: 3 A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday, following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. Haven Cove No. 7 Subdivision 2. General Location, A portion of the S '/2 ofNW'/,, Section 11, T. 3 N., R. 1 W., B.M. 3. Owners of record, John T. & Betty M. Eddy, Meridian Land Development Co., LLC Address, 2630 W. Pine, Meridian, ID, Zip 83642 Telephone 888-1336 P. O. Box 3023, Boise, ID 83703 342-6385 4. Applicant, Meridian Land Development Co., LLC Address, P.O. Box 3023, Boise, E ID 83703 5. Engineer, Keith L. Jacobs, Jr., P. E. Firm Pacific Land Surveyors, a division of Power Engineers, Inc. Address 1295 S. Eagle Fli hg t'Wav, Boise, ID, Zip 83709 Telephone 378-6385 6. Name and address to receive City billings: Name Tom Eddy_ + Pacific Land Surveyors Address 1295 S. Eagle Flight Way Telephone 378-6380 a division of Power Engineers, Inc. Boise, Idaho 83709 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1: Acres 11.32 2. Number of lots- 41 m 3. Lots per acre 3.62 4. Density per acre .27 5. Zoning Classificatiofn(s) R4 1 6. 7. i H 9. 10. 11. 12. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A Does the plat border a potential green belt Yes Have recreational easements been provided for No. Explain,_ Are there proposed recreational amenities to the City No Explain Are there proposed dedications of common areas? No Explain For future parks? Explain What school (s) service the area Meridian do you propose any agreements -for future school sites No Explain Other proposed amenities to the City No Water'Supply Fire Department , Other Explain 13. Type of Building (Residential, Commercial, Industrial°or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Sim& Family 15. Proposed Development features: a. Minimum square footage of lot(s) , 8,000 b. Minimum square footage of structure(s) 1,400 C. Are garages provided for, Yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for No Describe 2 f. 5 Trees will be provided for No Trees will be maintained g. sprinkler systems are provided for No h. x, Are there multiple units No Type remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for No G Explain k. Value range of property 150,000 - 200,000 1. Type of financing for development Conventional M. Protective covenants were submitted Yes , Date May 15, 1997 16. Does the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be give (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. P 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names will not conflict with City grid system. L 3 w C C- 0 O O W O W W Q U I� OLn CD IU m cv a v a m � '3Atl 3A00 N3AYH 'N co Cl P� ►� _N N � F 1r--1 1� 9 a i z m 0 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 February 26, 1998 City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549209 Haven Cove No. 7 Subdivision Final Plat Approval D"ear City Council:. On behalf of Meridian Land Development Company, L.L.C., we are requesting approval of the Final Plat of Haven Cove No. 7 Subdivision occupying 11.32 acres in the S '/a of the NW '/4, Section 11, T.3N., R.1 W., B.M., Ada County, Idaho. Haven Cove No. 7 consists of 41 lots occupying 11.32 acres. This is the first phase of a multi -phased development. The submitted final plat conforms to all the conditions applied to the approved Haven Cove No. 7 preliminary plat and the requirements and provisions of the City of Meridian Subdivision Ordinance. The Haven Cove No. 7 development plans and final plat conform to the acceptable engineering and' surveying practices and local standards. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. KLJ:cwe Keith L. Jacobs, Jr., P. E. PLS-B0I 58-132 Pacific Land Surveyors, a division of POWER Engineers. Inc., an Idaho Corporation REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT (this "Agreement") is made by and between John T. and Betty M. Eddy ("Seller), and Meridian Land Development LLC, an Idaho limited liability company ("Buyer") RECITALS A. Seiler owns approximately 19 acres of real property located in Ada County, Idaho, described on Exhibit A, attached hereto and made a part hereof (the "Property"). The Property is comprised of three parcels. "Parcel 1" is a residential home located on approximately five acres of land. "Parcel 2" is bare ground of approximately 12.64 acres. "Parcel 3" is comprised of three subdivided lots located in Haven Cove No. 6 Subdivision. Parcel 1, Parcel 2 and Parcel 3 are sometimes collectively referred to herein as the Property. B. Seller desires to sell, transfer and convey the Property and Buyer desires to purchase the Property all according to the provisions hereinafter set forth. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, and the premises and the mutual representations, covenants, undertakings and agreements hereinafter contained, Seller and Buyer represent, covenant, undertake and agree as follows: AGREEMENT OF SALE AND PURCHASE. Seller agrees to sell, transfer and convey and Buyer agrees to purchase and have transferred and conveyed, all for a purchase price and subject to and upon each of the terms and conditions hereinafter set forth, the following: (a) Pronerty. The real property legally described in Exhibit A, together with all right, title and interest of Seller in and to all easements, tenements, hereditaments, privileges and.appurtenances thereunto belonging (the "Land"), and the buildings, improvements and structures located on the Land (collectively the 'Improvements"). The Improvements and the Land are hereinafter collectively referred to as the "Real Property." (b) Appurtenant Rights. All right, title, and interest of Seller to land, if any, lying in the bed of any street, road, or avenue, open or proposed, at the foot of or adjoining the Land to the center line of such street, road or avenue, and to the use of all easements, if any, whether of record -or not, appurtenant to the Land and the use of all strips and rights-of-way, if any, abLitting, adjacent, contiguous or adjoining such Land (all hereinafter collectively referred to as the "Appurtenant Rights"). The Real Property and Appurtenant Rights are hereinafter sometimes collectively referred to as the "Property"; provided, however, the Property does not include certain fixtures and personal property located on the Property including, without limitation, corral and pasture fencing; automatic stock waterers; flower barrels; wagon wheels; wagon; accessory buildings; appliances; and furniture. in accordance with its fair meaning and not strictly for or against a party, regardless of which party prepared or caused the preparation of this Agreement. (h) The captions at the beginning of the several paragraphs, respectively, are for convenience in locating the context, but are not part of the text. (i) In the event any term or provisions of this Agreement shall be held illegal, invalid or unenforceable or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and effect. (j) This Agreement shall be governed by the laws of the State of Idaho. 17. DURATION. This Agreement must be signed by Buyer and delivered to Seller on or before 5:00 p.m. MST, March 5, 1997, or at Seller's option at Seller's sole discretion, this Agreement shall be null and void. IN WITNESS WHEREOF, the undersigned, being duly authorized, have executed this Agreement as of the date set forth below. SELLER: BUYER: REAL ESTATE PURCHASE AGREEMENT - 7 wpdocsla.g\eddy.tho\blaser\purchase.agr c1/ )ohn 1V dy 7 �7 Betty M. Eddy — Date•'4 �- t, / c MERIDIAN LAND DEVELOPMENT, LLC By: Glenn F. Blaser, Managing Member Da By: C ,. . Date: 3 Cl, 7 l a H o v( ril o ve N o . I6 27 26 25 Bik 11 Par el 2 .67 q l cres or e! 1 5.0 8 A G�. T �rz , Pa cel Y 2. 7 A r O 7 W• PINE STREET EXHIBIT A LEGAL DESCRIPTION OF THE REAL PROPERTY Parcel 1 House and 5.08 acres that has been used by Seller as primary residence. Parcel l 12.64 acres. Parcel 3 Lots 25, 26 and 27, Block 11 of Haven Cove No. 6 Subdivision as shown on that certain plat_ thereof recorded in Book 22 of Plats at pages 7425 through 7426, records of Ada County, Idaho. SEE ATTACHED DIAGRAM REAL ESTATE PURCHASE AGREEMENT - 8 wpdocs\a-g''\eddy. tho\biaser\purchase.agr L _ .I,t'I � l4� f'. U l i • .w MU!�h I!2 A Piuoctr Compaay C'IUNE?131t '1't'1'LC COMPANY OF ADA COUNTY' 97 T1111 20 PI'1 ' 1 8151 1Y. Hiflernan Ave / Boise, Idaho 83704 / (208) 377.2700 4A. UL IVAIMANTY DIsED OND!vwUAL.) FOR VAl.L1E RECEIVED COL; J. `PARKER. a Married' !•Ian dealitig Frith Itis sole attd separate property, Grantor ,ties hereby grant, bargain, sc!I mid cunvey unto MERIDIAN i -411) DEVEI 0111•)EN C CO t_LC n idaho Limited liability Coupatty, ' the Grantee , whisecurrent address ns: P. U. BOX 3023, 130TSE, ID 133703 the following described real property in ADA County, SUCcO(i,lalw, utote parli:.u!ary described as lulluws, tit -wit: -SEE ATTACHED 'TXHIBIT A", MUCH BY THIS REFERLNGL 13ECO14t1-5 A PARI' HEREOF, AI:l) t WHICH IS C014POSED-OF ONE (1) PACE. � I TO HAVE AND •1.0.1101.13 the said premises, with their appurtenances unto rhe said Gla:►rce , and Granlce heirs and ass;gns furever. And Elie said Grantor dues hereby covenant to and with lite Jaid Gi antec,the (i, �uHur i the ow nzr in fee simple of said premises; that said prcnnises are free front all encun,+t,:ances, F. CEP7' tilose to which ibis cuuvc);utce is expres-iiy ntade subject and those made, surleied or done by file Grar.,ec anti subject.to reservations, restrwiluns, dedicanC`n�, easements, rights Uf %Vay and agreements, (it any) of record, and genceal taxes and assess.nents, (includes irrigativa and utility assessments, (if ally) for the curr.nt year, which are not yei duc and payable. and that (i amor• Will warranl.and def nd thu saint: from all lawful clainns whatsoever. Datcd: March 19. 1997 STATE OF --BARUCounly of Aria ___, ss. On this _.lx-,—dpy of..��� — -- - - '`.• `.-1►C:L.t. r ?ys_ _..__ .__.._. --_... ..__ ..a notary public, per- sonally appeared _,�:oj,�. known or identitizd 0 le�t8,—^^1A at acknowledged to iir rx u ' % p tt D LAG •• r v ✓J I �� oo,% I"trn.ui��' I t _whose name _ _ - is_~ ___subscribed to file within instrument, and ' the sonic. t ' Noilly NNW: Residing at: _Brij. se, 1I) .. " f J_" i I ; Id H I UrILER ; 1 1 LE E' ( RCi.I File Number: P155543 EXIIIIIIT A A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF y SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLL00S: COMMENCING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10 AND 11, TO'A NSHIP 3 NYORTH, RANGE 1 V'IEST; THENCE SOU?H ALONG THE SECTION LINE COMMON TO SECTIONS 10 AND 11) 1328.37 FEET TO A POINT; THENCE SOUT11 89 DEGREES 20' EAST ALONG THE NORTH BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11, 332.03 FEET TO THE REAL P0I14T OF BEGINNJING; THENCE CONTINUING SOUTH 89 DEGPEES 20' EAST ALONG SAID 11CRTH BOUNDARY, 992.70 FEET TO A STEEL PIN BEING T11E NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 0 DEGREE 04'59" WEST ALONG THE EAST BOUNDARY OF SAID SOUTIAVEST QUARTER OF THE NORTHWEST QUARTER, 836.92. FEET TO A POINT ON TIIE APPROXIMATE CENTERLINE OF A CERTAIN CANAL; THENCE NORTH 60 DEGREES 43'40" WEST ALONG SAID CENTERLINE, 527.69 FEET TO A POINT; THENCE NORTH 58 DEGREES 45'30" WEST ALONG SAID CENTERLINE, 81.95 FEET TO A POINT; THENCE NORTH 40 DEGREE 40'40" WEST ALONG SAID CENTERLINE, 716.11 FEET TO THE REAL POINT OF BEGINNING. TOGETHER WITH RIGHT OF WAY FOR ROAD WAY PURPOSES 20 FEET WIDE, BEING 10 FEET ON EACH SIDE OF THE CENTERLINE WHICH CENTERLINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NOR'THIVEST QUARTER, SECTION 11, TOWNSHIP 3 NORTHRANGE 1 WEST, BOISE MERIDIAN; THENCE WEST A DISTANCE OF 458 FEET TO THE POINT OF BEGINNING OF SAID CEi1NTEAL►NE; THENCE NORTIN A DISTANCE OF 725 FEET TO THE NORTHERLY END OF SAID CENTEIILINE . MEND OF LEGAL DESCRIPTION I. •'+'.�i�.'�'�' $� �S;fit • Y t7 . :�T S''. ' SIM � �' •y�+••r'«.1�;,u. .�,i. �..-1r�� sad.. tcitr " .,; �. •s �%a .,:`� "'. '� •�.: _•� :.-.�. ..AYi tf� r�� . Iy•y��,, Iv. fir^ "1. '7..N�� ... )IT�e�c Vii.' .. Y iEr % � • F w�L ! = i= ::�zT•.• `•L<.L!r•'i. >�' .. � • • Wit. �s vp .ifiJ�r _. �i'.Y,,., ��=rir`:.5::}�� a:r.A - M� .►, •? i% 1 % I:'•. •�.Y �', : .�LwZIi1 A.T.rr+�oj+wv � !t y...jjj-I q• •1 • +j pit' iga I i j III 2te. t wry Ar DEA..: • i iQi-El"Al. WM s7 sad sjjn� the 6r4mv or in sn7v se appertst=tjL the tevessiorlmad a tad sppeer antr'bemnees thereunto nee and pri db therieaf: and &a astLm tzrees raeenimal �umlindd remainders. rents. �t- 1tb mad f iasr as .a ergofty, of :he ain sad ba the acid property, as tr,tl Dm _ � = of the Am part TO HAVE AND TO HOLD. All mW Angaiar+he abosre rmnt+otled and deaeaibed premi9e9. tostP*.'.•,• h tie apaesr'.eanncm unv% toe part _9_ of the seeood part; sad tat•__ heirs and ttsi¢rs Earn. ••• l the said cart _ _ : of the am par_ and -, - t heirs• the said premises in the quil•! and 7.'.rn•! Session of the =id part - of the second Fart, : - heirs and asci • paid ; n. he !its! 8ns• agair.�t t .e and __ kern and arinst aq ^nd tver,• person and pemons wh.nm'q' n.vr- • nti.-.g or '-o cm m the shaii mad '%iiil 54 XPll•.LNT and by thee. pre•er.•s L;ri. FROM (DEVELOPMENT SERVICES 24963642405 1997,11-24 17,03 #272 P.02/02 SUBDIVISION EVALUATION SHEET Proposed Development Name __HAVEN oVE NO. 7 City Meridian Date Reviewed 06122/97 Preliminary Stage XXX Final Engineer/Developer, power Engr. / Meridian Land Development Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. WA 12111 . r.0 r- -7,X-1XY-1 . "N. CLA A AVE. "W. FORECAST ST." "W WAVE COURT" V "W CARLTON ST "y "W_ STATE ST." "W. EBBTIDE ST." "W. PINE ST." " "N. HAVEN COVE AVE." V "N—HAVEN COVE LANE" 'N. RODEO PLACE' is a duplication and Cannot be used. "W. ROPER LN." is approved and may be in this develop ate__/ The /S str ett in phase 7 Is allgned with . HAVEN COVE AVE." and shall garry the "_ N. HAVEN COVE PLACE" The above street name comments _have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A*ENCY R SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date 71 Ada Planning Assoc. Ann Hurley Date -�-' �-• City of Meridian Representative Datea�- 97 Fire District Meridian Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street index / 3bi 1W 11 Section NUMBERING OF LOTS AND BLOCKS //Ulm GrY1.0l.+r 11%SU=SM gTY.FRM / • FROM =DEVELOPMENT SERVICES 208: 2406 1997,11-24 SUBDIVISION EVALUATION SHEET 1Ss31 #268 P.01/01 Proposed Development Name HAVEN COVEN . 7 City Meridian �9 Date Reviewed 05/2V97 Preliminery Stage XXX _ Final Engineer/Developerwer Fngr. / Meridian Land b velopmernt-Co. The Street name comments listed below are made by the members of 'the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as; "W CHERRY LANE" "W PINE fiFA= At& "N. TEN MILE ROAD" "N. CLARA P ." i "W FORECAST CT.,, "1AJ. FORECAST ST." "W WAVE CT " STATE ST " "W CARLTON " DJZrlls "W EBBT DE CT " "W. EBSTIDE s i>shih;7 "N HAVEN CO E AVE." "N HAVEN COVE LANE" The above street name cornments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, MIENCY ftikESENTATIVES OR DESIGNEES Ada County Engineer John Priester 6 Date Ada Planning Assoc. Ann Hurley 0 ate�- City of Meridian Representative ate Fire District Meridian Representative Pate �97 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 SUb Index Street Index 3N 1 W l t Section PAGF ONE OF TWO NUMBERING OF LOTS AND BLOCKS MSUWS& crry.PAM Post4t' f" Note 7671 uaw To From Cojj *PL Co. Pnona # Pha t: 2L FROM 20e3642406 1997.11-24 SUBDIVISION EVALUATION SHEET Proposed Development Name HAVEN COVE NO. 7 City Meridian .2-1 Date Reviewed 05/22/97 Preliminary Stage XXX Final Engineer/Developer Pac*flc_Land Surveyors / Meridian Lad Developr6ent Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. TWO OF WAVIV-110Y LAVE-" is a cluoticatiot-and cannot be used, M -71W777 I FWA7171111.1-17:4 1-1 -71171M - N - N� was given since no ivided to indicate direction. Past -Ir Fax Note 7671 o+ _ z per..► ro C Bois Colo.pt- Ca Phoma # Ph C' ` `'c l Fax a - C7`:2. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representative Date Fire District Meridia Representative Date NOTE: A copy of this evaluation sheet must be presented. to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1W.11 Section NUMBERING OF LOTS AND BLOCKS MSUBSXSM_CrrY.MM SUBDIVISION EVALUATION SHEET ''�`""r`J MAR 4 1- 91-0.3 Proposed Development Name __HAVEN COVE NO, 7 City ridigry i cor am Date Reviewed 03/19/98 Preliminary Stage Final XXX Engineer/Developer Power Engr, / Meridian Land Development Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W CHERRY LANE" "N TEN MILE ROAD" "W. PINE AVENUE" "W. FORECAST STREET" "N. HAVEN COVE -AVE. "W. WAVE CT." "N. ROPER PL." is approved and shall appear on the plat. "W. EBBTIDE CT." is approved provided it aligns with "W. EBBTIDE ST." as shown in earlierIan is of phase .7. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A E CY RESENTATIVES OR DESIGN ES Ada County Engineer John Priester Date D Ada Planning Assoc. Ann Hurley �, �S_�M TIQUD�j yam/ _ Date City of Meridian Representative CU-,—� Date Fire District Meridian Representative J� ICJ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time ofsigning the "final plat", otherwise the plat will not be signed !!!! Sub Index Stree` Index 3N 1=1 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary January 15, 1998 TO: Glen F Blasei & Michael S Campbell Meridian Land Development Co LLC PO Box 3023 Boise ID 83703 -1d FROM: Karen Gallagher, Coordinator' Planning & Development Services Division SUBJECT: P`reliininary Plat -Haven Cove No. 7 MPP-04-97/MA-06-97 n/o Pine Ave. e/o Ten Mile Rd. On January 14, 1998, the Commissioners of the Ada County Highway District f (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be conside`r`ed by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and: subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, 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 Si-rety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. • ada county highway district p 318 East 37th • Boise, Idaho` 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report, Preliminary Plat - Haven Cove No. 7 n/o Pine Ave. e/o Ten Mile Rd. MPP-04-97/MA-06-97 Haven Cove No. 7 is a 110 -lot residential subdivision on 28 -acres. The site is located on the north side ofwPine Avenue, east of Ten Mile Road. This development is estimated to generate y 1,100 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Pine -Avenue ACHD Commission Date - January 14, 1998 7:00 p.m:, - - _ — 29 ` 6 2 4 2 S 4 3 3 f� 2 l KW 4 CL 4 .� W. LEPOY CT -1 Q0 3 0 Z S! 9 6 ! *� (� � 6 I1. 1 > I 14 13 12 11* to 9 t, MAY 0 2 1997 9 < !° 7 12 1 % LEON CT. o W LEONARD ST s f3 • 9` 9 14 I 1 9 H ► 6 3 _4 3 2 / 23 22 21 106-1 0 �2 11-5 14 IS 16 3 W SHERYL ST 25 a tY 26 a 9 ! 29 i RrQui+�ID �' 13 12 II � p 9 9 T 6 S 4 3 2 14. 141 16 17 19 19 _20 21 22F�F?]4 1 r J W 4 cCV E7 6N YS2 4 3 90 �1 12 13 4 ~ 4 w WILLARD ST -- 25 T_ s 11 12 13 14 .IS IE (• s W. SANTA CLARA S 8 9- Ip 11 12 33 3a 33 32 31 X 33 92 24 23 22 21 20 la 17 16 15 14 _13 3B 3T 38 1-39J + y l�J W. FORECAST Cr. p, :., FORECAST S7'. 6 W. FORECAST 96 3a o"1. 34 33 32 26 25 30 29 2a 27 26 25 1" 2 . .3 4 3 op,g X 33 097 39 3531 zT 24 n u 31 32 33 34 33 I1 0 9 8 36 y, 40 36 - 30 2a 23 � W. WAVE 41 37 29 W. RAVE Cr. 37 13 22 42 38 19 41 40 39 35 14 IS 16 R 42 1B 21 /� 39 ® 43 11 4a 40 50 4 23 22 21 20 �Ar 17 20 47 $T. ►N�e,������� s 44 46 CARITON 16tg �1 a ' 15 14 70s► 4S 11 ",2 S 4 W 12 � � 10 6 T 6 3 2� 10 �es`1 9 STATEPrAy e." QST CYC '43 lvQ.� . 10 - p S 4 1 9 ... 6 ® z .• 19 a 7 7 6 3 2 Ul .n ©20�, 54% ` 6 E> IOE ST. ,pOA 3 6 � 4'p 2 4 23 22 21 .e 1 % 3 Or 6 42 z ` 41 O m to -1- � i�Qp�•lCArt.1'� Wt � � • ; � 36 m I BRC �Ll L 37 2 3 o�sooa� W 4 cCV E7 6N YS2 4 3 90 �1 12 13 4 ~ 4 w WILLARD ST -- 25 T_ s 11 12 13 14 .IS IE (• s W. SANTA CLARA S 8 9- Ip 11 12 33 3a 33 32 31 X 33 92 24 23 22 21 20 la 17 16 15 14 _13 3B 3T 38 1-39J + y l�J W. FORECAST Cr. p, :., FORECAST S7'. 6 W. FORECAST 96 3a o"1. 34 33 32 26 25 30 29 2a 27 26 25 1" 2 . .3 4 3 op,g X 33 097 39 3531 zT 24 n u 31 32 33 34 33 I1 0 9 8 36 y, 40 36 - 30 2a 23 � W. WAVE 41 37 29 W. RAVE Cr. 37 13 22 42 38 19 41 40 39 35 14 IS 16 R 42 1B 21 /� 39 ® 43 11 4a 40 50 4 23 22 21 20 �Ar 17 20 47 $T. ►N�e,������� s 44 46 CARITON 16tg �1 a ' 15 14 70s► 4S 11 ",2 S 4 W 12 � � 10 6 T 6 3 2� 10 �es`1 9 STATEPrAy e." QST CYC '43 lvQ.� . 10 - p S 4 1 9 ... 6 ® z .• 19 a 7 7 6 3 2 Ul .n ©20�, 54% ` 6 E> IOE ST. ,pOA 3 6 � 4'p 2 4 23 22 21 .e 1 % 3 Or 6 42 z ` 41 O m to -1- � i�Qp�•lCArt.1'� Wt � � • ; � 36 m I BRC �Ll L 37 2 3 Facts and Findings: A. General Information Owner - John & Betty Eddy Applicant - Meridian Land Development Co.'LLC R-15 &W`R4 - Existing zoning 28 - Acres 110 - Proposed building lots 4,600 - Total lineal feet of proposed public streets 272 -,.Traffic Analysis Zone (TAZ) - West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Pine Avenue Collector with bike lane designation Traffic count 1,307 on 8/14/96 (east of Ten Mile Road) 1,125 -feet of frontage 50 -feet existing right-of-way 66 -feet required right-of-way Pine Avenue is improved with a 24 -feet of pavement with no curb, gutter or sidewalk. To the west of the site Pine Avenue is improved with curb, gutter and sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. In accordance with District policy, the applicant should be required to construct a 5-foot'wide concrete sidewalk on Pine Avenue abutting the entire site. The sidewalk should be .located two feet within the new right-of-way of Pine Avenue. Coordinate the location of the sidewalk with District staff. D. The applicant should be required to construct all public roads within the subdivision as 37 - foot street sections with curb, gutter and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. E. Haven Cove Subdivision No. 5 is located adjacent to the site's eastern property line. Haven Cove Subdivision No. 5 constructed the stub streets of Ebbtide Street, State Street and Carlton Street..to their western property line. -The applicant is proposing to extend Ebbtide Street, State Street and Carlton Street within Haven Cove Subdivision No. 7. HAVEN7.COM Page 2 Site Specific Requirements: 1. Dedicate 33 -feet of right-of-way from the centerline of Pine Avenue abutting the parcel (8 additional feet) 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 additional'right-of-wayfrorim available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additionafright-of-way, the owner must submit a letter of application to the `impact fee administratorprior to breaking ground, in accordance with'Se6tion-15 of ACHD Ordinance #188. 2. Dedicate 50 -feet of right-of-way for all public roads within the subdivision 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 willn�ct be compensated for this additional ,right -of --way. 3. Construct all public roads within the subdivision as 37 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. 4. Construct'a 5 -foot wide concrete sidewalk on Pine Avenue abutting the entire site located two feet within the new right-of-way of Pine Avenue. Coordinate the location of the sidewalk with District,,staff. 5. Provide a stub street to the north located 105=feet east of the: site's? western property line. Construct a paved temporary turnaround at the north end of the stub with a temporary easement provided to the District. Coordinate the design and location of the turnaround with District staff. 6. Construct a standard turnaround at the terminus of Rodeo Place, Wave Court and Ebbtide Court with a minimum radius of 45 -feet to back -of -curb. 7. Construct a public street on Pine Avenue located approximately 130 -feet west of Eight Mile Lateral with a stub to the west to provide a connection to future development and provide a temporary paved turnaround with a temporary easement. 8. Provide a stub street to the Eight Mile Lateral. Provide a $35,750.00 deposit to the District for one-half of the cost of one box culvert that will be required to extend a street across the lateral in the future. Coordinate the location of the stub street and need for a temporary turnaround and easement with District staff. 9. Provide a barricade or some approved method to prohibit vehicular use of the existing crossing over the Eight Mile Lateral that currently serves the dwelling on Lot 39 Block 16. 10. Direct lotorparcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. HAVENTCOM Page' 4 applicant to obtain written confirmation of any change from the Ada County Highway, District. _ 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or. other regulatory and legal'restrictions in 'force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/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. ACHD requirements are intended to assure, that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Date of Commission Action: Planning and Development Staff January, 14. 1998 L HAVEN7.COM b Page 6 1205 S Eag1c ?~`light Wny Boisc. ID83709 (208) 379-6387 -F3X (20R) 37R-0015 January 5, 1998 ':?IFCE'VEn JAN 0 5 1998 :ITT ,: 4ERIMAr, Mayor and City Council City of Meridian 33. East Idaho. Avenue Meridian, Idaho 83642 Subject: Haven Cove No.1 (Final Plat by Meridian Land Development) Dear Mayor and City Council: This letter is in response to the comments by your staff on the final plat of Haven Cove No.7. GENERAL COMB ENTS 1. All existing irrigation ditches, crossing the property will be piped in accordance with City Ordinance Section 11-9-605.M with the development of Haven Cove No. 7. Plans will be submitted to Nampa & Meridian Irrigation District for review and approval. Where user ditches are piped, the user will be consulted and will review the plans prior to construction. 2. The property being developed as Haven Cove No. 7, does not have any wells or septic tanks on it. 3. Nampa & Meridian Irrigation District has jurisdiction over the pressure irrigation system. Pressure irrigation will be an extension of the system developed for Haven Cove No. 5- & 6. The system is owned and maintained by the Nampa & Meridian Irrigation District. An approval letter for the system extension to serve Haven Cove No. 7 will be submitted to the Meridian Public Works Department prior to scheduling the pre - construction meeting. A letter of credit or cash for these improvements will be in place prior to the City signing the final plat. s 4. Fire hydrant locations will be coordinated with Meridian City Public Works Department in the`devel6pment plan approval process. PL84101 SN1M1113 HaLific Land SurvL-y<N\, a diviricm or H)WKR hnginwN, Inc.. an Idaho t' ypomiion JAN 05 '98 14:49 208 378 0025 PAGE.02 - - -- • .. ..-.... . ..,.,...,% -­%_.YV.J/ ' GVU VVr VUAQ,f� vi I City of Meridian January 5, 1998 Page 2 _ 5. A copy of the Ada County Street Name Committee's 'final approval letter will be submitted to the Meridian Public Works Department when the final plat mylar is submitted for the City Engineers signature. The final plat will -be revised to conform to the Ada County Street Name Committee's final approval letter. 4 6. The purpose of this letter is to address the items contained in the memorandum by Mr. Bruce Freckleton dated December 30, 1997. Three revised final plat copies will be submitted to the Public Works Department for review prior to development plan approval. SITE-SPECIFIC COMMENTS 1. The final plat generally conforms to the approved preliminary plat: 2. A six-foot high, permanent. non=combustible perimeter fence will be constructed along the southerly subdivision boundary, at the Nampa & Meridian Irrigation District easement line for the Eight Mile Lateral. Temporary fencing to contain construction debris will be constructed along all other subdivision boundaries. All fencing will be constructed prior to obtaining building permits unless specifically waved in writing by the City P&Z Administrator. A letter of credit or cash for the fencing improvements will be in place prior to the City signing the final plat. I - Five-foot wide sidewalks will be provided in accordance with City Ordinance Section 11 9-606.B. 4. Since this development approval is contingent upon the City's ability to accept additional sanitary sewage from Haven Cove No. 7, I respectively request .a letter from the City stating the City has, the capacity to accept'the additional sewage from Haven Cove No. 7. Without this letter, the Applicant would be foolish to proceed further with this development. Sanitary sewer services to this project will be provided by the extension of the existing sanitary sewer mains constructed in the previous phase of this development. Applicant will be responsible"to construct the sanitary sewer mains to and throughout the development., PLS will coordinate the sewer main size and location with the Public Works Department. Sewer manholes will be provided to keep the sewer lines on the south and west side of.the street centerline. S. Water service to the project will be an extension of the existing system constructed in previous phases of this development. Applicant will be responsible to construct the water mains to and throughout the development. PLS will coordinate the water main size and location with the Public Works Department. PUS -H01 S IND JAN 05 '98 14:50 208 378 0025 PAGE.'03 i City of Meridian January 5, 1998 Page 3 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (active fire hydrants), and fencing will be installed prior to obtaining building permit`s. 7. A copy of the recorded storm drainage easement in favor of the Ada County Highway District will be provide to the Public Works Department, 8. A detail of the property pins at the southerly boundary of Lots 39-40 Block 11 will be provided on the final plan or Lots will be revised to eliminate the 1/2 -inch pin. 9. "Initial Point has been deleted from Section 50-1303. Survey Stakes and monuments - Accuracy, Chapter 13, Title 50, Idaho Code, as of July 1', 1997. Therefore, this plat will not have an "Initial Point" in the Legend and subdivision boundary. 10. The Developer' wishes to restrict the .lot access for Lots 1, 7 & .8 Block 17 and Lots 30, 31, & 42 Block 11. 11. The following notes will be revised or added to the final plat prior to, submittal of the final plat for signature by the City. 4.) REVISE TO READ`. " ... irrigation easement, unless otherwise dimensioned. 6.) REVISE TO READ: "... is 1400 square feet, excluding garage aiea. Thank you for your time and consideration. Sincerely, Pacific Land Surveyors, a division of POWER Engineering, Inc. Keith L. Jaco s, Jr., P. E. oc: Glen BWcr, Meridian Land Development Company PLS -801 $941003 ,. JAN 05 '98 14:51 208 378'0025 PAGE. 04 Post:ir Pax Note 7671 Gate EASURE VALLEY To y Ph= to Live r4 MERIh►IAN P11ona 4 (e $ p Phones u ST MARO . i<a,c a 3 - N. mABO 9362 493,9 FAX CM) 887-4813 ......�......--..,... awe ") 317.3211 W.L. 'BILL' GOROON. Pope ChIst —sow —,—MM (ZM 814.4232 WAYNE a. CROOcsT N, JFL.' AADomay ROBERT D. COME Mayor btEMORANDUM: To: Mayor and (:ty Council WALT W. MORROW, pmW@nt RONALD 11, TMSMA CHARLWB M. ROUNTREE GLENN A. BENTLW P 6 2 COMMI6610N AA JOHNSON. Mal~ MAMOLIA MACCOY KEITH eOAUP MON sMrfm December 30,1997 From: Bruce Freckleton, Assistant to City Engi 4ee r Rc: HAVEN COVE NO.7 SUBDIVISION ", (Final Plat by Meridian Card Development Co., L.L.C.) I bric mviewod this submittal and offer the following corram rAs, as conditions of the final pkat. Thcse conditions shall bc:cotssidcred in full, unless cgmssly modified or deleted by r,< otion of the Meridian. City Cop cil: 4ENLRAL COMMA.NTS 1. Any cxi4wtg irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605AL Plans will need to be approved' by the. appropriate irrigation/drainage district, or lateral users association, with written oonraw ation of said approval submitted to the Public .Works Department. 2. Any existing domestic wells andlor}septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5 7-517. Developer shall , be respons>t"W for the disconnection and connection to nwnicipal service along with the payment of associated asseswent fees prior to final acceptor= of the subdivi do& Wells may be used for non-domestic purposes such as landscape`igation. 3. Submit a, plan approval letter to the 'Public Works Dispartrnent from the entity baving jurisdiction ovcr design and vonstniction of the pressurized irrigation system. A letter of credit or cash,, wl be required for these improvements prior to signature on the final plat. 4. Coordinate Iire hydrant plaecrocnt with the City of Meridian Public Works Dapartrncnt: 5. Please -submit a copy of the Ada County Street Name Connnittee's final approval letter for -the Subdivision -mom, lot mid, block uuinbering, and street narnm Make any corrections necessary to conform ,a 6. Please address, in written form, all items contained Fin this tnexnorandum (both Genei and Site Specific) and sibmit to the City CicrVs.offioe by 5:00 PM, Monday, January .1998. MV0 CbY0Na7,".dn JAN 05 '98 14:52 208 378 0025 PAGE.05 Mayor and City two uncle December 30,199,7 Page 2 Prior to development pJ m Approval, three copies of the revised plat must be reviewed by the Public'Works Department fbfcompliance with ell conditions of plat approval. I . This Anal plat gemarally conforms to the approved preliminary plat. 2. Six -foot -high, pennownt non-combustible perimeter fencing: is required to be in place` adjacent to the southerly subdivision boundary, at tho NMCD eammcm line, along the Eight Mk Lateral Temporary fencing to contain construction dcb& is required to be iri place along all other botnxt W lines. All thncing is,to be insu&d prior to ob taift building permits unlcse specifically waived in writing by the City P&Z AdmiYistrator. A letter of credit or cash will be required for this fence prior to signature on the fine! plat. 3. . Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-6063. 4. Sanitary sewer service to this site will be via an mesion of an existing mein installed in previous phases of this development. Approval of this application !needs to be contingent upon our ability to accept this additional sanitary sewage generated by this proposed development. Applicantwill, be responsible to construct the sewer mains to and through this proposed development. Subdivision de4per to coordinate nam siznng and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of cente'tlino. S. Water service too this site wjU be via an extension of an existing main installed in previous phases of Chis developmeat. Applicant wM be responsible to construct the water trains to and tlrough this proposed development. Subdivision designer to coordinate main sib and routing with the Public Works Departmert. 6. 'All stmt signs, road base, stred lights, pressariaed irrigation system, domestic water system (activated fire hydrants), and fencing ate to be installed prior to obtaining building permits. 7. Piovide evidence to the Public Works Department that an offsite storr is drain eamnew has been granted to the Ada County Highway District. 8. Provide a detain of property pin configurations for the southerly wca of Lots 39-40, Block _11. 9. Place an "Tai" Point" momunent symbol in the Legend and subdivision boundary. 10. Several 16ts unneeessarlty' have the arrow symbol depicting the front lot be, unlM the developer waits to restrict the orientation of the houses on these lots (Lot 1,1-9, Block 17, Lots 30, 31, 4Z, Block 11). The City of Meridian requires'lots to carry the arrow symbol depicting the orieniatlon of the front of house only on lots that have a skle(s) that don't mec &V=coKw'Ir►4n4 JAN 05 '98 14:53 208 3?8 0025 PAGE.06 ■ �+■ a v uu v surwi , rv"rA Glum DvI3L- LUIS 001 40101 -Fp v ° Nftyor and City Council December 30, 1997 Page 3 the monimum frontage., mquidd by the particular zone, or when there is concern with eesthctics. JI. Please add or revise the following notes: (4.) ...irrigation easement, unless otherwise dbnonsioned. (8.) ...1400 square feet, excluding garage area. k 4' Mr.�rCwwNdiFPdao ** TOTAL PAGE.03* JAN 05 '98 14:53 208 3?8 0025 PAGE.O? 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA - CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON' BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure thatyour comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 30, 1997 TRANSMITTAL DATE: 12/9 /97 HEARING DATE: 1/6198 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: Meridian Land Development LOCATION OF PROPERTY. OR-PROJECT:_S. of Haven Cove No. 4, W. of Haven Cove No. 5 JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P2 _KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C _GLENN BENTLEY, CIC _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT PnLICF-DFPARTMFNT CITY ATTORNEY CITY ENGINEER CITY PLANNER - MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: REQUEST;FOR–SUBDIVISION APPROVAL- PR -ET T411112, PLAT * ,9 FINAL, PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's- possessidn-no-later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following.. the _month the _request___was made. h tC After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., 'Thurs'day, following the. Planning and Zoning Commission action. GENERAL INFORMATION: 1. 'Name of Annexation and Subdivision. Haven Cove No. 7 Subdivision -2 = Genera 1` Locat{ion`;- -Abortion ortion of the S1'/: of NW '/a Section 11 T. 3N., R. -I WL B.M. 3. Owners of record,' John T & Betty W Eddy,• Meridian Land Development Co", LLC Address, 2630- Pine. Meridian, D, Zip 83642 Telephone, -888-1336 P. 0. Box 3023, Boise, ID 83703 342-6385 4. Applicant, Meridian Land Development Co: LLC Address, `P 0 Box 3023; Boise ID 83703• 5. Engineer, Keith L:Jacobs Jr. P. E. Firm Pacific Land Surveyors a division of T Power'Engineers, Inc. "Address 1295 S!Eagle Flight -Way.- BoiseID, Zip 83709 Telephone 378-6385 6. Name and address to receive City billings: Name Tom Eddy, Pacific Land Survevors .a Address 1295 S Eagle Flight Way Telephone 378-6380 a division of Power EngirieeCs; Ind. � v "Boise, -Idaho 83709 _ . PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 12.11 2. Number of lots 45 3. Lots per acre 3.72 4. Density per acre .27 5. Zoning Classification(s) R-4 1 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt Yes 8. Have recreational easements been provided for No Explain 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? Explai 11. What school (s) service the area Meridian , do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City No Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwellings) Single Family, Duplexes, Multiplexes, other Single Family 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage of structure(s) 1.400 C . Are garages provided for, Yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for No Describe 2 f. Trees will be provided for No , Trees will be maintained g. sprinkler systems are provided for No h. Are there multiple units No , Type remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for No Explain k. value range of property 150,000 - 200,000 1. Type of financing for development Conventional M. Protective covenants were submitted Yes , Date Ma-,, 15, 1997 16. Does the proposal land -lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to ,standards as required by Ada County Highway District and Meridian ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be give (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will°connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names will not conflict with City grid system. 3 I W W Li0 W Q U) O m n O 1 Ln 1 m � 0 O U m N M > O O N N N 7 m 1 ti fA C7 } i F MY HAOD NHAVH 'N o N ] m a /w 1d HUGH 'N m N Nei FROM 1.13EVELOPMENT SERVICES 2063642406 1997,11-24 17103 #272 P-02-'02 SUBDIVISION EVALUATION SHEET Proposed Development Name HAVEN COVE NO. 7 City Meridian Date Reviewed OCL22j97" Preliminary Stage- XXX Final Erigiheer/Devilopef Power Enar. /.. Meridian Land Development Co., The Stre'et name comments 'listed bilow'are -made ' by`the "rherribers of the -ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this deiveloipmarft in accordance with the Boise'bty',Str6eit Name Ordinance. Tfii following -existing street names shall a006 r on -the j2ikt age "N. CLARA AVE." I "W. F-68.AST sT-.,, WAVE[ CQUkt!_—V -4, CA860WSf,' KNW-51ATES -21 EIBHTIDE ST; - -V -`X` PINE ST.' "N_ HAVEN CO VE." \1 "N. HAVEN COVE NE" "N:RODEO—PLATE" is a duplication and cannot be, -used. A, -aaproygd and maybe W. ROPER LN is used in this develop . :% . J, The NIS WiAt'in Ph-ase'7 Is'Alldned with %L11AVEN'COVE'AVE.", abd ah'i§II'gdr[y'th* name " N. HAVEN COVE RLACE", The` above street name comments ha've been read and approved by the following agency represekativ'is of'the,ADA COUNTY- STREET, NAME COMMITTEE. ,ALL of the signature's ad by the 'representative' or his' must be secured designee' in order for the street names to be officially approved.,,, ADA COUNTY STREET NAME COMMITTEE, E N C Y'R SENTATIVES OR DESIGNEES Ada -'County Engineer John Orlesier Date A Ada 016nning Assoc. Ann Hurley a QU�, Date -7 City of Meridian Representative Fire District'Meridian, Representative' = Date NOTE: -'A copy of this b4hWation sheet must be pireseimiifd 4 -6 ­the Ada County Engineer at the time of signing the "final plat", otherwis6, the,plat will not be signed 1111 Sub 'Index ' Street Index a r4 "i M1 11 Section` - NUMBERING OF LOTS AND BLOCKS Tmsusstsm CITY.FRM a "AN OFFICIALS 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF, MERIDIAN •33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE f I -- Mayor - .. r COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS f WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City'Council, please submit _your comments. and recommendations to Meridian. City Hall, Attn: Will Berg, City.Clerk by: .July 29, 1997 TRANSMITTAL DATE: 7/10/97 NEARING DATE: 8/5/97 REQUEST: Variance for -Haven Cove Subdivision=No 7` BY:' Meridian Land #Develoament Co ,n. LOCATION OF PROPERTY OR PROJECT: South of Haven Cove Subdivision No. 7 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P/Z -BYRON SMITH, P2` KEITH BORUP; P/Z ROBERT 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- N ' MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM &-FINAL,PLAT)_ ADA COUNTY HIGHWAY DISTRICT - ,ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S.-WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM eF(NAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) --CITY FILES OTHER: _,YOUR CONCISE REMARKS: 9 I, CITY `OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLI ATION (RE: Meridian Zoning Ordinance) John T. Eddy and Betty M. Eddy 888-1336 NAME: Meridian T and nP ,A1 nnme_r,t CO L L Phone: 342-0842— (Owner or holder of valid option) 2630 West Pine Avenue, Meridian, Idaho 83642 ADDRESS: P. O. Box 3023, Boise, Idaho 83703 GENERAL LOCATION: A Portion of the S 1/2 f the NW 1/4, Section 11, T. 3N., R. 1 W., B.M., LEGAL DESCRIPTION OF PROPERTY: See attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: RT requesting R-4 and R-15 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Refer to the attached letter addressing this request. I hereby certify that the information contained herein is true and correct. SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by , I "Ik 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax(208)378-0025 May 14, 1997 City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549209 Haven Cove No. 7 Subdivision Variance Application Dear City Council: On behalf of Meridian Land Development Company, L.L.C.,. we are requesting variances for the following items: lot frontage, rear lot setback, tiling of the Eight Mile Lateral and 1,000 -foot block length maximum. The subject property is -located at -2630 and 2930 West Pine Street. The present use of the property is agricultural. However, a zoning and annexation and preliminary plat -applications have been submitted. These applications' request the properties be annexed into the City of Meridian and rezoned from RT to R-4 and R-15. The preliminary plat application for Haven Cove No. 7 subdivision depicts the development of the property as 20% townhouse units and 806/o single family residential. Lot frontage variances are requested for Lot 40, Block 9 and Lot 8 Block 13 of the proposed Haven Cove No. 7 subdivision. The following table illustrates the proposed dimensions of the above mentioned lots. Please refer to the submitted preliminary plat for graphic illustrations. Lot/Block Lot Frontage 80' Frontage Total Depth Lot Area 40/9 40.08 42' from front 140 13206 8/13 68.59 27' from front. il 99 8330 Several lot configurations were reviewed before the current layout was selected. This layout utilizes the property the most effectively. A rear lot setback variance is,requested for Lot 4, Block 16 for' the existing house on that lot. The house setback from the existing Pine Street right-of-way is 41.3 feet. The additional right- of-way dedication for Pine Street and the 20 -foot wide required landscape lot will reduce the setback to approximately 5 feet. We are requesting the tiling requirement for laterals be waived in lieu of fencing the Eight Mile Lateral along its entire length adjacent to the proposed Haven Cove No. 7 subdivision. The Eight Mile Lateral is currently located inside a 53 -foot wide right-of-way. Nampa & Meridian PLS -B01 58427 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation City of Meridian May 14, 1997 Page 2 Irrigation District has requested an additional 3.5 feet along both sides of the right-of-way bringing the total width of the Eight Mile Lateral to 60 feet. The existing waterway width is approximately 12 feet. A lateral of this size would require a pipe approximately 84" x 56" which exceeds the generally accepted policy of tiling laterals 48" or smaller. .The block length for Block 16 exceeds the 1,000 -foot length required by the City of Meridian's subdivision ordinance. The block length is 1,160 lineal feet. There are two primary constraints driving the current design of Block 16. The first being the location of the Eight Mile Lateral directly adjacent to the southwesterly lot lines of Block 16 and the second being the location of the existing house. Adjusting the block length to conform to the maximum length would require the removal of the existing house. Thank you for your time and consideration Sincerely, PACIFIC LAND -SURVEYORS A division of POWER'Engineers, Inc. KLJ:smg Keith L: Jacobs, Jr., P. E. PLS=BBI 58427 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax(208)378-0025 PROJECT: 549209 DATE: May 14, 1997 BOUNDARY/ZONING PARCELS DESCRIPTION FOR HAVEN COVE NO. 7 SUBDIVISION A PORTION OF THE SOUTH -HALF OF THE NORTHWEST QUARTER SECTION 11 T.3N., R.1 W., B.M. ADA COUNTY, IDAHO R15 - BLOCK 17 (Lying Southwesterly of Eight Mile Lateral) A parcel of land being a portion of the South -Half of the Northwest Quarter of Section 11, T.3N., R. 1 W., B.M., Ada County, Idaho and more particularly described as follows: ' Beginning at a brass cap marking the Southwest corner of said NW'/4 of Section 11, thence along the. Southerly boundary of said NW '/4 of Section 11 and the centerline of West Pine Street, South 89° 10'57" East 1322.64 feet to an iron pin marking the Southwest corner of the SE '/4 of said NW '/4 of Sedtion 11, said iron pin being the REAL POINT OF BEGINNING; thence along the Westerly boundary of said SE'/4 of the NW '/4 of Section 11, North 00°30'36" East 460.39 feet to'a point on the Southwesterly boundary of the Eight Mile Lateral: thence along said Southwesterly boundary of the Eight Mile Lateral,,South 61°01'27" East 276.75 feet to a point; thence South 33°10'33" East 367.88 feet to a point; thence South 24° 18'45" East 27.37 feet to a point on said Southerly boundary of the NW '/4 of Section 11 and the centerline of West Pine Street; thence along said Southerly boundary of the NW'/4 of Section 11 and said centerline of West Pine Street, North 89°10'57" West 458.83 feet to the point of beginning, comprising 3.04 acres more or less. R 4 - BLOCKS 9,11,12,13,15 AND 16 (Lying Northeasterly of Eight Mile Lateral) A parcel of land being'a portion of the South -Half of the Northwest Quarter of Section 1 I; T.3N., R. 1 W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said NW '/4 of Section 11, thence along the Southerly boundary of said NW'/4 of Section 11 and the centerline of West Pine Street, South 89°10'57" East 1840.01 feet to a point on the Northeasterly boundary of Eight Mile Lateral, said point being the REAL -POINT OF BEGINNING; thence along said Northeasterly boundary of Eight Mile Lateral, North 24'18'45" West 56.34 feet to a point; thence North 33°10'33" West 385.12 feet to an iron pin; thence North 61 °01'27" West 908.08 feet to an iron pin; thence North 39°09'21" West 688.46 feet to an iron pin on the Northerly boundary of said S 'ii of the NW '/4 of Section 11; thence along said Northerly boundary of the S '/z of the NW '/4 of Section 11, South 88154'42" East 1389.45 feet to an iron -pin; thence leaving said Northerly boundary of the S '/z of the NW '/4 of Section 11, South 01'05'18" West 100.00 feet to an iron pin; thence South 10°12'43" West 50.64 feet to an iron pin; thence South 00'33'12" West 100.00 feet to an iron pin; thence South 88°54'42" East 240.01 feet to an iron pin on the Easterly boundary of the W '/z of the SE '/4 of said NW i/4 of Section 11; thence along said Easterly boundary of the W '/s of the SE i/4 of the NW '/4 of Section 11, South 00033'12" West 1068.79 feet to an iron pin on said Southerly boundary of the NW of Section I 1 and the centerline of West Pine Street; O: \winword\descr\549209p. doc Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation s a PROJECT: 549209 DATE: May 14, 1997 DESCRIPTION: Haven Cove No. 7 Subdivision, Boundary and Zoning f PAGE: 2 of 2 6 'k a .. thence along said Southerly boundary of the NW '/o of Section 1 l and said centerline of West Pine Street, North 890 10'57" . West 143.95 feet to the point of beginning, comprising 25.34 acres more or less. SUBJECT TO: y k All existing easements and road rights -of --way of record or appearing on, the above-described parcel of land. r , w Prepared by: Pacific Land Surveyors NL LAND q. 5710 O/ 9T f Of JTE:DGB Douglas G. Bergey, P.L.S. p k 4. t I S 1 k Y 0:\winword\descr\549209p.doc 1 Som 7-7-4 9 al I 'r 1 6 4 �i"� 14 1 16 `77 le 011 29 2 1 1 6 2 1 24 1 4 4 4 3 2 Z' 5 W LEM. CT W LE T 4 W. LEPOY Cr @3 ) '3 7 e,T1 6 ASSN. 2 2 MAY 2 1997 t1 I W. 14 Ll 19) 12M II 10 9 T .0 LEON RD Cr. W LEONARD ST. a 13 14 1 ig, 1 4 '3 23 22 1 21 2 i 1 12 0 is JA 15 96 17 J A — W SHERYL ST 13 12 1110 9 al I 'r 1 6 4 �i"� 14 1 16 `77 le 011 20 2 1 1 -v - 23 24 1 '�j 7 16 5 -4 3 i c c F h 2 -z 9 012 13 14 'A N -.- J.-. 7 . I I -W w WILLARD ST, 261 z 29II 12 Z 13 14 .13 Is 30W. SANTA CLARA, DR. r 3(D 1 2 [3 1�4 [5 1 8 -JI 12 35 34 33 32 31 30 % 35 34 i1Z 24 -=TaTlal 17 1- I`F �14] 13 37 1 38 1391 0 V- % _I T ] W. FORECAST CT. y x. FORECAST ST. W. FORECAST S' 36 - 38 J 34 W 32 as 25 30 29 28 27' 26 25 : !. 2 ...3 4 5 3 ift OR19 9 — -ja -- % 39 35 31 27 24 31 32 33 34 35 l 0 — 36 % 40 36 30 PA —23 W. WAVE 37W. WAVE CT. 41 to 22 L 42 39 37 113 14 1 . 5 16 38 to 41 40 38 1 2 42 to 2IF-1 1 39 4350 124 23 22 21 20 17 48 49 4Z; 11 1 , — 47 CARLTON 4 15 14 45 11 12 5 4 w ce la toa .1 6 3 2 t No.9 1.- - ST 10 IW. ,.STATE W. wr 1 11 !S 4 1 1 10 9 a a 7 %19 6 % 7 It 6 3 .2 @ 20 5 a 20 w TIDE 3, % 3 5 4 [23 22 21 @ F2 I 3. 2 41 0 m t 39 o 34 ! 37 3 mm��oo�� Z 13 14 .13 Is 30W. SANTA CLARA, DR. r 3(D 1 2 [3 1�4 [5 1 8 -JI 12 35 34 33 32 31 30 % 35 34 i1Z 24 -=TaTlal 17 1- I`F �14] 13 37 1 38 1391 0 V- % _I T ] W. FORECAST CT. y x. FORECAST ST. W. FORECAST S' 36 - 38 J 34 W 32 as 25 30 29 28 27' 26 25 : !. 2 ...3 4 5 3 ift OR19 9 — -ja -- % 39 35 31 27 24 31 32 33 34 35 l 0 — 36 % 40 36 30 PA —23 W. WAVE 37W. WAVE CT. 41 to 22 L 42 39 37 113 14 1 . 5 16 38 to 41 40 38 1 2 42 to 2IF-1 1 39 4350 124 23 22 21 20 17 48 49 4Z; 11 1 , — 47 CARLTON 4 15 14 45 11 12 5 4 w ce la toa .1 6 3 2 t No.9 1.- - ST 10 IW. ,.STATE W. wr 1 11 !S 4 1 1 10 9 a a 7 %19 6 % 7 It 6 3 .2 @ 20 5 a 20 w TIDE 3, % 3 5 4 [23 22 21 @ F2 I 3. 2 41 0 m t 39 o 34 ! 37 3 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF MERIDIAN LAND DEVELOPMENT CO. (HAVEN COVE SUBDIVISION NO. 7) FOR VARIANCES FROM SECTIONS 11-2-410, 11-9-605 M, AND 11-9-605 E OF THE ZONING AND DEVOLEPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled request for variances having come on for consideration on August 5, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Notice of the public hearing on the variances was published for two consecutive weeks prior to the scheduled August 5, 1997 hearing, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 5, 1997 hearing; and that copies of all notices were available to newspaper, radio and television stations. 2. The notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Zoning and Development Ordinance of the City of Meridian and that this requirement has been met. 3. The Applicant requests the grant of variances from the minimum front yard setback requirements, the minimum rear yard set FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE back requirements, the requirement of tiling ditches, and the maximum length of blocks of a subdivision. More specifically, pursuant to the application, the Applicant seeks variances for the property as follows: a. The Applicant seeks a variance from Section 11-2-410 of the Zoning and Development Ordinance of the City of Meridian, to wit: a variance from the minimum front yard setback requirements for Lot 40, Block 9 and Lot 8, Block 13 of the proposed Haven Cove No. 7 Subdivision; b. The Applicant seeks a variance from Section 11-2-410 of the Zoning and Development Ordinance of the City of Meridian, to wit: a variance from the minimum rear yard setback requirement for Lot 4, Block 16 of the proposed Haven Cove No. 7 Subdivision; C. The Applicant seeks a variance from Section 11-9-605 M of the Zoning and Development. Ordinance of the City of Meridian, to wit: a variance from the requirement of tiling the Eight Mile Lateral coursing through the proposed Haven Cove No. 7 Subdivision; and d. The Applicant seeks a variance from Section 11-9-605 E of the Zoning and Development Ordinance of the City of Meridian, to wit: a variance from the requirement that a block not exceed 1,000 feet in length for Block 16 of the proposed Haven Cove No. 7 Subdivision. 4. With regard to the requested grant of a variance from the minimum front yard setback requirements set forth a Section 11-2- 410 of the Zoning and Development Ordinance of the City of Meridian for Lot 40, Block 9 and Lot 8, Block 13 of the proposed Haven Cove No. 7 Subdivision, pursuant to the application, the proposed dimensions of the subject lots are as follows: Lot/Block Lot Frontage 80' Frontage Total Depth Lot Area 40/9: 40.08 42' from front 140 13,206 sq/ft 8/13 68.59 27' from front 99 8,330 sq/ft FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE The Applicant explains, in the application, that several lot configurations were reviewed prior to the current layout being selected. The selected layout utilizes the property most effectively. 5. With regard to the requested grant of a variance from the minimum,rear yard setback requirements set forth at Section 11-2- 410 of the Zoning and Development Ordinance of the City of Meridian for Lot 4, Block 16 of the proposed Haven Cove.No. 7 Subdivision, pursuant to the application, the variance is sought for a house which presently exists on this lot. The Applicant explains in the application that the house setback from the existing Pine Street right-of-way is 41.3 feet. The additional right-of-way dedication for Pine Street and the 20 feet wide required landscape lot will reduce the setback approximately five feet. 6. With regard to the requested variance from Section 11=9- 605 M of the Zoning and Development Ordinance of the City of Meridian requiring the tiling of ditches, pursuant to the application, the Applicant seeks a variance from the requirement, and, in lieu thereof, proposes to erect a fence along the entire length of the Eight Mile Lateral adjacent to the proposed Haven Cove No. 7 Subdivision. The Applicant explains in the application that the Eight Mile Lateral is currently located inside a 53 feet wide right-of-way. The Nampa & Meridian Irrigation District has requested an additional 3.5 feet of right-of-way along both sides. With the additional 3.5 feet of right-of-way on both sides, the total width of the right-of-way for the Eight Mile Lateral is 60 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE feet. The existing waterway is approximately 12 feet in width. A lateral of this size would require a pipe approximately 84" x 5611, which exceeds the generally accepted policy of tiling laterals which are 48" or smaller. 7. With regard to the requested variance from Section 11-9- 605 E of the Zoning and Development Ordinance of the City of Meridian, which limits block lengths,to 1,000 feet, the Applicant explains in the application that Block 16 of the proposed Haven Cove No. 7 Subdivision is 1,160 lineal feet in length for which there are two primary reasons for this length. The first reason ,is the location of the Eight Mile Lateral which is directly adjacent to the southwesterly lot lines of Block 16. The second reason is the location of the existing house on Lot 4, Block 16 of the proposed Haven Cove No. 7 Subdivision. The adjustment -of the block length to conform to the maximum length of 1,000 feet would require the removal of the existing house. 8. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 9. The property for which the variances are requested is to be annexed by the City of Meridian and is to be zoned (R-4) Low Density Residential District. 10. The Applicant is not the record owner of the property; however, the record owners, John T. Eddy and Betty M. Eddy, have consented to this application of the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE 11. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments. Their comments are incorporated herein as if set forth in full. Their comments included the following: a. Block 16 exceeds 1,000 feet in length. There is an existing bridge at the end of. the proposed N. Carla Place, but it does not meet ACHD [Ada County Highway District] standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, but it is unknown if the easement applies once a subdivision has been built. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway; b. These excessive block lengths are perpetual problems in some of our existing subdivisions (Landing, Fieldstone/ Sunnybrook, Howell Tract); C. The real lot setback for Lot 4, Block 16, is justified due to the fact that the house is existing; and d. Tiling the Eight Mile Lateral should be waived provided permanent non-combustible fencing is provided in lieu of tiling. 12. The Meridian Police Department, the Meridian Fire Department, and the Central District Health Department respectively submitted comments, which respective comments are incorporated herein as if set forth in full. 13. The Nampa & Meridian Irrigation District submitted comments, which comments are incorporated herein as if set forth in full and included the following: a. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the west portion of the project. The right-of-way of the Eight Mile Lateral is 60 feet; 30 feet from the center each way; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE b. The Applicant must contact the -District for approval before any encroachment or change of right-of-way occurs; c. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting; d. All laterals and waste ways must be protected; e. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans; f. The Applicant must comply with Idaho Code Section 31-3805; and g. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 14. The Applicant's representative, Charles Eddy, testified at the public hearing for the application substantially as follows. He reviewed the comments of City staff, and commented that the comments did not mention the requested variance for the frontage of two lots. He questioned whether such comments on the variances were purposely or inadvertently not made. In response City Engineer Gary Smith did not know the answer as to why there existed no comments to such requested variances. 15. The Applicant's representative testified further substantially as follows. The Applicant has requested variances on the lot frontage for Lot 40, Block 9 and Lot 8, Block 14. The original application set forth the technical specifics of the two lots, which are also referenced in Findings of Fact and Conclusions of Law pertaining to this property. With regard to Lot 40, Block 9, there is 40.08 feet of frontage at the right-of-way and 80 feet of frontage occurs at 42 feet from the right-of-way line. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE total depth of that lot is 140 feet with a lot area of 13,206 square feet. Lot 8, Block 14 has lot frontage of 68.59 feet at the right-of-way line, 21 feet from the front lot line is the location of the 80 feet of frontage. The depth of this lot is 99 feet with a total lot area of 8,330 square feet. With regard to the requested' variance for the block length, the driving force of this requested variance is the existing house. To accomodate the existing house into the site plan, the stub street had to be located in such a location that caused the block length to exceed 1,000 feet in length. The length of the block exceeds 1,000 feet but such length is not greater than 1,100 feet. 16. In response to questions of City Engineer Gary Smith and Councilman Morrow, the Applicant's representative testified substantially as follows. The Applicant is willing to locate respectively the houses on Lot 40, Block 9 and Lot 8, Block 14 at the setback. More specifically, the Applicant is willing to locate the front yard setback at the 80 foot width mark for building purposes on the subject two lots, which will be noted on the plat for the proposed subdivision. 17. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All of the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE 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 has authority to grant variances pursuant to Sections 11-2-419 and 11-9-612 of the Zoning and Development Ordinance of the City of Meridian. 3. The Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 4. The, City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning and Development Ordinance of the City of Meridian, and upon that which it may take judicial notice. 5. Section 11-2-419 A of the Zoning and Development Ordinance, pertinent to this application, provides as follows: The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non -conforming use of neighboring lands, structures or buildings in the same district and no permitted or non -conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. 6. Pursuant to Section 11-2-419 C FINDINGS of the Zoning and Development Ordinance, the specific requirements for the grant of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE a variance which must be evidenced and found by the City Council are as follows: A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned, standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with the Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the.property is situated;. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. { 7. Section 11-9-612 A 1. of the Zoning and Development Ordinance, pertinent to this application, provides as follows: Purpose: The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE the Zoning and Devolepment Ordinance of the'City of Meridian, and Sections 11-2-419 C and 11-9-612 A 2. of the Zoning and Development Ordinance of the City of Meridian, it is specifically concluded as follows: a. There exist special circumstances and conditions which affect the Applicant's property which makes the strict application of the provisions of the Ordinances clearly impracticable or unreasonable; b. Strict compliance with the requirements of the Ordinances would result in extraordinary hardship to the owner because of the physical conditions and other conditions which make strict compliance with the Ordinances unreasonable under the circumstances presented; C. The grant of the requested variances will not be detrimental to the public's welfare and injurious to other property in the area in which the Applicant's property is situated; d. The grant of the requested variances will not violate the provisions of the Idaho Code; and e. The grant of the requested variances will not have the effect of altering or nullifying the interest and purpose of the Zoning and Development Ordinance of the City of Meridian or the Meridian Comprehensive Plan. 10. It is concluded that the application for the variances from the Ordinances should be granted. 11. The reasons put forth by the Applicant for the variances, which reasons are specifically set forth at paragraphs 4. through 7. of the Findings of Fact, hereinabove, are based upon special circumstances and conditions of the property and which affect the Applicant's development of the property, all of which makes the strict application of the provisions of the Ordinances clearly impracticable or unreasonable under the circumstances, and would FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE result in extraordinary hardship. The reasons for the requested variances from the Ordinances are sufficient. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION Based on the above Findings of Fact and Conclusions of Law it is decided that the Application for variances from Sections 11-2- 410, 11-9-605 M, and 11-9-605 E are granted, but the Applicant must meet the distances and footages that Applicant represented would be met whether included in these Findings of Fact and Conclusions of Law.or just stated in the Application or at the public hearing. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN LAND DEVELOPMENT CO. - VARIANCE MERIDIAN CITY COUNCIL MEETING: August 19. 1997 APPLICANT: ITEM NUMBER: 11 ,.. REQUEST: ORDINANCE #769 - HAVENCO BDNISION~NO: 7 ANNEXATION 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: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. Li AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH. 1/2 OF THE NORTHWEST 1/4, SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being a portion of the South -Half of the Northwest Quarter of Section 11, T. 3N., R. 1W., B.M., Ada County,, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said NW 1/4 of Section 11, thence along the Southerly boundary of said NW 1/4 of Section 11 and the centerline of West Pine Street, South 89010157" East 1322.64 feet to an iron pin marking the Southwest corner of the SE 1/4 of said NW 1/4 of Section 11, said iron pin being the REAL POINT OF BEGINNING; thence along the Westerly boundary of said SE 1/4 of the NW 1/4 of Section 11, North 00030,36" East 520.68 feet to an iron pin on the Northeasterly boundary of Eight Mile Lateral; thence along said Northeasterly boundary of Eight. Mile Lateral, North 61°01127" West 589.45 feet to an iron pin; thence North 39°09121" West 688.46 feet to an iron pin on the Northerly boundary of said S 1/2 of the NW 1/4 of Section 11; thence along said Northerly boundary of the S 1/2 of the NW 1/4 of Section 11, South 88°54142" East 1389.45 feet to an iron pin; ANNEXATION ORDINANCE - HAVEN COVE NO. 7 / MERIDIAN LAND DEVELOPMENT PAGE 1 thence leaving said Northerly boundary of the S 1/2 of the NW 1/4 of Section 11, South 01°05118" West 100.00 feet to an iron pin; thence South 10°12143" West 50.64 feet to an iron pin; thence South 00°33112" West 100.00 feet to an iron pin; thence South 88°54142 East 240.01. feet to an iron pin on the Easterly boundary of the W 1/2 of the SE 1/4 of said NW 1/4 of Section 11; thence along said Easterly boundary of the W 1/2 of the SE 1/4 of the NW 1/4 of Section 11, South 00033112" West 1068.79 feet to an iron pin on said Southerly boundary of the NW 1/4 of Section 11 and the centerline of West Pine Street; thence along said Southerly boundary of the NW 1/4 of Section 11 and said centerline of West Pine Street, North 89010157" West 661.32 feet to the point of beginning, comprising 29.25 acres more or less.. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. . is hereby annexed to the City of Meridian, and is zoned R-4 Residential, approximatley 29.25 acres; that the reason for the R-4 zoning is to allow development for a single family residential subdivision to be known as Haven Cove Subdivision No. 7; 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 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: ANNEXATION ORDINANCE - HAVEN COVE NO. 7 / MERIDIAN LAND DEVELOPMENT PAGE 2 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation 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. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall ANNEXATION ORDINANCE - HAVEN COVE NO. 7 / MERIDIAN LAND DEVELOPMENT PAGE 3 uL 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 day of August, 1997. APPROVED: MAYOR -- ROBERT D. CORRIE ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. ANNEXATION ORDINANCE - HAVEN COVE NO. 7 / MERIDIAN LAND DEVELOPMENT PAGE 4 STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4, SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 day of August, 1997, as the same appears in my office. DATED this day of. August, 1997. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) : ss. County of Ada, ) On this day of August, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My commission expires: ANNEXATION ORDINANCE - HAVEN COVE NO. 7 / MERIDIAN LAND DEVELOPMENT PAGE 5 MERIDIAN CITY COUNCIL MEETING: August 5.1997 APPLICANT: Meridian Land Development Co. ITEM NUMBER: 18 REQUEST: Request for a Variance for Haven Cove Subdivision No. 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH MEMORANDUM: August 1, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to Cit;gr 'eZ"� Shari Stiles, P&Z Administrator Re: Request for Variance of Lot Frontages, Rear Lot Setback, Tiling of Ditches, and 1,000400t Maximum Block Length for HAVEN COVE SUBDIVISION NO 7 bY Meridian Land Development Co., LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: Block 16 exceeds 1,000 feet in length. There is an existing bridge at the end of the proposed N. Carla Place,. but it does not meet ACHD standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, but it is unknown if the easement applies once a subdivision has been built. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway. These excessive block lengths are perpetual problems in some of our existing subdivisions (Landing, Fieldstone/Sunnybrook, Howell Tract). The rear lot setback for Lot 4, Block 16, is justified due to the fact that the house is existing. Tiling of the Eight Mile Lateral should be waived provided permanent non-combustible fencing is provided in lieu of tiling. OFFICIALS 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 HUB OF TREASURE VALLEY A Good Place to Live' CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public IVorks/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4143 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW. Pressce-- RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & z COMMISS!0N JIM JOHNSON. Cha rm, - MALCOLM MACCO r` KEITH SCRUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 29. 1997 TRANSMITTAL DATE: 7/10/97 HEARING DATE: 815197 - —= REQU:EST.tUariance.:for Haven-Cove.Subdivisiion'No.: T` w BY: Meridian Land Development Co. OF PROPERTY OR PROJECT: 'South of Haven -Cove Subdivision No. 7 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 _ROBERT 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GA ELIM & F NAL PLAT) - BUREAU OF RECLA I N(PRE 1 & FIN L PLAT) CITY FILES" n OTHER: YOUR CONCISE REMARKS: J U L 1 It OFFICIALS WIFLIAM 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 HUB OF TREASURE VALLEY n A Good Place to Live ` CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE° ­­- Mayor ­ COUNCIL -MEMBERS WALT W. MORROW. Presicent RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z CCMM'SSICN JIM JOHNSON, Chairman MALCOLM MACCOY' KEITH BORUP PON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MtktDIAN To insure that your comments and_ recommendations will. be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City.Hall, Attn: Will Berg, City Clerk by: July 29, 1997 TRANSMITTAL DATE: 7/10/97 HEARING DATE: 8/5 /97 REQUEST.Variance for Haven Cove Subdivision No. 7 'BY: Meridian Land Develo6ment Co. _ �m LOCATION OF PROPERTY OR PROJECT: -South of Haven Cove Subdivision No. 7 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT " MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) , RON MANNING, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ., ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT —CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) `GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) `WATER DEPARTMENT BUREAU OF'RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT` CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT . CITY ATTORNEY CITY ENGINEER CITY PLANNER (,J r t %Vt2 rr %/+.✓Q� JJ„mpf , ail � yOC x CENTRAL CEN , RAL DISTRICT HEALTH DEPAR, TIENT •• DISTRICT h Di l H i Envronmentaealtvision „--. :'HEALTH ���A„ to: DEPARTMENT .j l j L f 7 1QQ7 ❑Boise ❑ Eagle Rezone # 'l ! E ' F?; 1 �] Garden city Meridian Conditional Use # ❑ Kura Preliminary / Final / Short Plat ❑ ACZ (10V i Svb ri'iS t o,.1 ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State'Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store /'� / 7 ❑ is. Date: / 7_ Reviewed By: /��' r,��M�(7 OND iom � m. IM Review deet 91. 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. ❑` S. --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: - ❑ -4-feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. h _ _�__❑ _8.— .: After,writtenapproval from appropriate entities: are -submitted, we can approve this proposal ---for. ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules ❑ Groundwater Protection 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State'Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store /'� / 7 ❑ is. Date: / 7_ Reviewed By: /��' r,��M�(7 OND iom � m. IM Review deet FC;_:avE t , , 21 1007 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 17 July 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Variance for Haven Cove Subdivision No. 7 - Meridian Land Development Co. Dear Commissioners: The Nampa & Meridian Irrigation District's Eight Mile Lateral courses along the south boundary of the project..The ,right-of-way of the Eight Mile Lateralis 60 feet; 30 feet from`the -center-each'way SeiW, o"Co& 2=1208--RIGHTS-OF-WAY-NOT SUBJECT TO ADVERSE 7 -POSSESSION -The developerr must contact John P ;Anderson or Bill Henson at either 466-0663 W345-2411 forapproval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans., Contact Donna Moore at 343-1884 or 466-7861 for further information. ,. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. -Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.-dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.888-6201 18 July 1997 Phones: Area Code 208 OFFICE: Nampo 466-7861 Keith Jacobs, Jr. Boise 343-1884 Pacific Land Surveyors. SHOP: Nampa 466-0663 290 North Maple Grove Road Boise 345-2431 Boise, ID 83704 RE: Land'Use Change Application for Haven Cove No. 7 Sub. Dear Keith: =--zr ==—Enclosed-'pl•ease"'find- a Land Use Change Application for' your use to file with the Irrigation District for its review on the above - referenced development. - If you have any questions concerning thls matter please feel free .-..-.to call --_,on "me - at the ,District's office or John Anderson, the District's Water Superintendent"at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent John & Betty Eddy, Meridian Land Development Co., L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS ' 23,000 - BOISE PROJECT RIGHTS - 40,000 .1, 1 ,{ e 5 i MERIDIAN CITY COUNCIL MEETING: August 5, 1997 APPLICANT: Meridian Land Development Co ITEM NUMBER: 16 & 17 REQUEST: Request for annexation/zoning/aeliminary plat to R-4 (Haven Cove Subdivison No 7) All Materials presented'at public meetings shall become property of the City of Meridian AGENCY COMMENTS CITY CLERK: P & Z MINUTES FOR 6-18-97 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED"COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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 Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 39 MacCoy: You asked the question on the schools and the report says that it will service Linder, Meridian Middle and Meridian High School are the three schools (inaudible). Sheehan: Thank you Johnson: Is there anyone else that would like to make any comments at this time? Seeing no one then I will close the public hearing at this time. This is also a preliminary plat. Smith: Mr. Chairman, I would like to'make a motion to approve this preliminary plat and forward it onto City Council. MacCoy: Second Johnson: Motion and a second to approve the plat as a recommendation to the City Council. All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #7 "PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 BY MERIDIAN LAND DEVELOPMENT CO.: Johnson: At this time I will open the public 'hearing and invite the applicant or his representative to address the Commission. Charles Eddy, PLS, 290 N. Maple Grove, Boise, was sworn by the City Attorney. Eddy: I represent Meridian Land Development Co. for this annexation and zoning request of 28.38 acres located at addresses 2630 and 2930 West Pine. That is in NE % of the NW '/4 of Section 11, T.3N, RAW, Boise Meridian, Ada County, Idaho. These parcels for as long as I can remember have been in agricultural uses. The parcel to the north is currently zoned R-4 with Haven Cove No. 4 Subdivision. The parcels to the east are Haven Cove No. 6 and No. 5 also zoned R-4. The parcels to the southwest are currently zoned RT and are agricultural uses. We are requesting annexation and zone change of R-4 and R-15. The R-15 would be approximately 3.04 acres at the Southwestern portion of the property. There is the Eight Mile Lateral Canal which bisects the property from a SE to a northwesterly direction and splits off this 3.04 acres and (inaudible). What we are proposing is 80% of the development to be single family residential and 20% of the development to be town homes. Single family residential would contain public streets with 50 foot right of ways and 37 feet back to back curb improvements. 3.04 acres of R-15 zone would be town homes with private street to be Meridian Planning & Zoi...9 Commission Special Meeting June 18, 1997 Page 40 owned and maintained by the homeowners association. We plan on meeting all of the minimum standards for house sizes and lot sizes. We did however submit variance applications for a few items and I will address those now. We have two lots that do not meet the minimum 80 foot frontage, those are lot 40 Block 9 and Lot 8 block 13. In our letter to the City Council Lot 40 Block 9 the current. lot frontage. is 40.08 feet, that is at the right of way line. The 80 foot frontage occurs 42 feet from the right of way line, the total depth of the lot is 140 feet and the lot area is 13,206 feet. Lot 8, block 13 has lot frontage of 68.59 feet at the right of way line, 27 feet from the front lot line is where the 80 foot frontage occurs. Total depth of the lot is 99 feet with a total lot area of 8,330 feet. We are also requesting a setback variance on an existing house which is located on Lot 4, block 16. The builders of the home in the 1930's unfortunately didn't have the foresight to know that the road would be widened to 66 feet so with the increased width of West Pine Avenue and the 20 foot of additional landscaping width that is required by the City subdivision ordinance the setback would be reduced to 13.3 feet which would is under the minimum allowed of 15 feet so there is 1.7 feet that we are under that requirement. I would like to go through the comments of the staff. The general comments are accepted as stated in the staff report, that would be items 1 through 9. 1 would like to address the site specific comments and I will be addressing those that we have a little bit of difference with. Item 3 it was noted by our preliminary engineering drawings that we had stated the clearance between the top of the sewer pipe and the bottom of the Eight Mile Lateral the flow line was 9 feet, that was incorrectly, stated it should be nine inches. The item 6 on the site specific comments addresses the variances that I just spoke about as well as staff comments that addressed other lots that were under the minimum frontage. Lot lines for lot 4, block 16 and lot 46, block 11 will be adjusted to meet the minimum frontage of 80 feet. Staff had commented that lot 38, block 16 did not meet the minimum frontage of 40 feet on the chord which is required for a culdesac. If you add the 32.46 feet that is on the tangent plus the or that is on the curve plus the 10.06 feet that is on the tangent it would come up with 42.52 feet which is above the minimum requirement of 40 feet. Item 7 addressed the rear setback and I just explained that. Item 8 addresses the block length as being excessive, the main driving force behind that block length being over 1000 feet is the existence of a house there at 2930 West Pine. We had to accommodate the house to put our streets in and so our block length was over the 1000 foot maximum. The staff had made the suggestion that the current bridge that accesses the house be used as a pedestrian access once the subdivision would be completed. In our opinion that wouldn't be a viable option at this point. One being that the existing ingress, egress easement that serves this house only provides for access to that house specifically and not for the general public. Second of all I believe there would be some safety issues that would be concerned with the bridge as it currently sits. Items 9 A and 9 B there were two 9's on the staff report so we addressed them as 9 A and 9 B, we will be through a conditional use process we will be applying for the R-15 zone for the town houses. In our discussions with the Nampa Meridian Irrigation District they requested that we provide them an additional 3.5 feet on each side of the current 53 foot Eight Mile Lateral Right of way. If we, we appreciate the staff's support of us and not having to give them that Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 41 additional 3.5 feet. But we have incorporated that into our design and have agreed verbally with Nampa Meridian Irrigation District to provide this for them. The rest of the staff comments are accepted as stated in their letter with no problems. Are there any questions, excuse me one other item. The Eight Mile Lateral is a very large lateral, we anticipate if we were to tile it, it would take an 84 inch by 56 inch pipe to tile that lateral. In the past it has been the City of Meridian's policy of anything over 48 inch pipe would not have to be tiled. So we request that we not be required to tile the Eight Mile Lateral just to fence it in conformance with the subdivision ordinance. Are there any questions? Johnson: Thank you Mr. Eddy, questions from the Commissioners? MacCoy: I have a couple, I guess the first thing is on the R-15 what prompted you to go into having it all R-4 and then go into an R-15 here next to Pine? Eddy: A couple of reasons, first of all that parcel is oddly shaped and it is difficult to come up with an aesthetically pleasing design for single family residential on that particular piece. Second of all we felt that since with the natural break with the Eight Mile Lateral that it would provide somewhat of a natural buffer between that and the single family residential. Based on conversations we have had with staff it was suggested that might be a good place to out in a town home type of development. MacCoy: So these. are two story buildings? Eddy: The applicant would be better, have better knowledge of what type of buildings he plans to put on that. It would be a general two story building. MacCoy: Sticking with the roadway, do you plan for a turn around for fire trucks in that R-15 area? Eddy: We have not had any formal discussions with the fire department. What does not show up on this plan but what does show up on the 11 by 17 that I have given you we have added an island there which provides a tum around for them. The depth from the turn around to the southerly most portion of the private drive just in my layman's opinion is pretty close to be sufficient in that they wouldn't have to drive down if they could park their trucks and provide service. Of course the fire department is the final say on that. But this I believe is similar to what was presented earlier with the Dakota Ridge with the common drive way and the question was asked if the fire trucks could use that. It has been our experience in our jurisdictions that 150 foot maximum is a generally accepted north. But again if the Fire department does not see this as a feasible turn around then we would have to redesign it to meet their standards. MacCoy: (Inaudible) town house types and so on to your applicant (inaudible) Borup: Just one quick question, what happened to lot 8, any idea? Meridian Planning &Zorinig Commission Special Meeting June 18, 1997 Page 42 Eddy: in which block? Borup: 17, the townhouse project. That is more is curiosity question. Eddy: It decided to go somewhere else, it didn't want to be part of this process so it left. Johnson: Any other more meaningful comments? Anyone from the public? Ben Jepson, 2820 West Pine, Meridian, was sworn by the City Attorney. Jepson: My wife and I own the property that is directly west of the proposed R-15 zoning. I have a couple of concerns that I would like to address about this particular development. I guess the first one would be with Rutan Lane which is the lane that is used for access to the houses currently on Lot 39, Block 16. There is a stub out there for development across the Eight Mile Lateral for future development. The way I understand it Mr. Eddy just said that lane is for access to that house. That lane is on our property, my concern is once this development goes in I don't want to see all of that traffic from Haven Cove using that as an access to Pine. What I would prefer to see is once this is developed and all of the asphalt is in there I would like to see that easement released and then we can block off that bridge and prevent traffic coming down from Haven Cove. I don't know if that is within ordinances or not but that is what I would prefer to see. I would like to see something done to prevent Haven Cove residents from using Rutan Lane as an ingress and egress. Another concern I have is the sewer they are going to be putting in across Eight Mile lateral there, the way they have it developed now it would have to serve block 16 in the R-15 development there. Which means it has to be fairly low for the substances to flow through that. I would like to see some kind of requirement on that sewer drain such that it is placed deep enough so that we could use it on our property for future development. Now I don't know if that is feasible, I don't know if we can address that here. But if that is a possibility I would like to see a requirement done for that. Another concern that I have is along the south edge of the Eight Mile Lateral there is currently an open earthen ditch that provides irrigation water to my property and also a couple of properties down stream from us. I understand that the applicant will have to arrange with Nampa Meridian Irrigation to tile that. I just want to make sure that is done at least the minimum and hopefully to a larger pipe so that if additional water is available we can use that. I want to make sure that proper clean outs are provided, whatever is required. Just make sure that is done right. I guess my biggest concern is the R-15 zoning. My understanding is that the comprehensive plan has that listed as R-4. All of the homes from approximately this area down west on Pine are al single family single story. My understanding is City ordinances allow an R-15 zoning a maximum height of 40 feet for structures. As Mr. Eddy said the actual type of the buildings they are going to go in there. Well he said he didn't know for sure about those hopefully the applicant can address that. I am very concerned about the traffic, the noise, the congestion, all the people that would come with R-15 zoning. The high Meridian Planning & Zo. ... ,g Commission Special Meeting June 18, 1997 Page 43 density, additionally if you have those high of structures people might be on balconies and throw trash over fences. I would prefer to see that stay R-4 if possible and I think that would blend in more with the existing housing in the area. I guess that is all I had to comment on. I have said what I wanted'to say. Johnson: Okay, thank you very much, anyone else? Dave Fuller, 890 N. Ten Mile, Meridian, was sworn by the City Attorney. Fuller: I own the land adjacent to Mr. Jepson that just spoke. On your maps I would like to (inaudible) draw a line right across here. This is the one that I am speaking about of for. This Eddy and Parker subdivision here our main concern is like Mr. Jepson said is this deal here where they stubbed in the street. The previous plot to this piece of ground here that is in the City already and hasn't been developed I believe that this culdesac here a lot should be taken out and a bridge put across the Eight Mile Lateral here like was done across in this subdivision that you can't see on the map right there. We would prefer single family dwellings rather than town homes. I have met with the developer and we have discussed on this piece of ground making 3 one acre lots. I believe that the neighbors in the area would prefer that, most of the neighbors on the south part of the street here that are across from that and adjacent to it are all acreages and small ranchettes. We know we are going to have to develop and we know we are in the path of it, but we want to try as long as we can to maintain some kind of mixed _ n.. development in the area._ Now if wearegoing to go with this here then I am going to go with it too someday. So you guys need to keep that in mind I am already R-4 but as soon as you let R-15 go here it is going to go right on down the street probably. We would like to block this off as soon as the pavement is in and give that right of way so that we do maintain our standard of living and our ranchette type of situation. If they want to come to us and buy this out and develop it too then we need to discuss that further. But I drove this other night and looked at the way it is all stubbed into the canal, it is not good, definitely not good. It needs to be hooked on here and either hooked on here with single family or this is going to have to be stubbed temporarily. The traffic problems is something I believe Planning and Zoning and Ada County really needs to take a look at. I have had the police officers sitting in my driveway on the corner there of Pine and Ten Mile for about two weeks. There are people going 50 miles an hour down that 35. We have to put a turn lane in on Pine Street. If you okay this subdivision and this amount of new people moving in the area that close we have to fix that intersection before me and Mr. Jepson develop. I think it is something that we really need to address. Like I said the County department really needs to get involved with it because the whole corner is going to go in the next few years. We do want to make sure the sewer. line is low enough. There is a portion of my property that may not hook up to it but I have fourteen acres there on that corner and approximately 10 acres of it will hook up to the sewer line at the same grade as some of the property that he is talking about in the R-15. Like I said I have talked with the developer and before you guys you make Meridian Planning & Zoi „, ig Commission Special Meeting June 18, 1997 Page 44 any firm decisions we woul.d like to really push you hard on the R-4 rather than the R- 15. Thank you Don Bailey, 1342 N. Rutledge, Meridian, was sworn by the City Attorney Bailey: This is a public hearing I understand to consider annexing 20 some acres into the city. I am quite new here, I have lived here back in 1945 and went to high school here and then left for 50 years and have some back now. What I am curious about is the capability of the water and sewer system to handle these ever increasing number of subdivisions coming in and annexing areas in. I assume that all goes through the City engineer but this is about the only chance the public gets to speak on this. So I am just curious if there is plenty of capacity for the water and sewer for this proposed annexed area that we are talking about. Johnson: That is a good question, that is a common question. Gary Smith is best equipped to answer that and I will ask him to comment on our recent studies on the capacities that we have on the drawing board. Smith: Mr. Chairman, Planning and Zoning members, the City of Meridian water and sewer system is continually in the process of expansion with the growth that we have experienced over the last several years. Each year we are drilling at least two wells to supplement the water demands. This year we have a consultant retained to design a 2 million gallon water storage tank to supplement the storage tank we presently have. That will be constructed this year. We are under construction right now at the waste water plant with the addition of new primary clarifier. We are under design for an expansion of our aeration basin. By the time the aeration basins constructed which won't be until next year we will have a plant at 4 million gallons per day capacity. The present demand on the plant on an average daily basis for a month is running at 2.78 right now million gallons per day. So right now we are, we are catching up, trying to catch up. We are ahead not by much, we will be ahead once we get these facilities completed at the waste water plant. The water system is easier to deal with because it is faster construction in terms of a well and construction of a pump house and connection to the distribution system. Does that answer your question? Johnson: Any other questions? Any other comments from the public before Mr. Eddy gets up? Anybody else? Okay Mr. Eddy either yourself or the applicant maybe we can talk town homes and town houses. Eddy: I would like to address, the two speakers comments first (inaudible). Addressing Mr. Jepson's comments as part of ACHD's requirements for the stub street that stops at the bridge will be to provide barricades at that location. So that would prevent the public from using that particular access. In conformance with the Nampa Meridian's and the City of Meridian's policies, we will tile the one ditch which is on the 3.04 acres the R-15 zone. It feeds his property and that will be tiled to their standards. For Mr. Fuller, I didn't Meridian Planning & Zoi ... ,g Commission Special Meeting June 18, 1997 Page 45 really get to see his comments in whole. The only thing I can address here is the sewer, we would be willing to look at any working drawings that he has developed for his piece of property to see if that would work with our (inaudible) that it can't due to the way the land fails from Eight Mile Lateral it falls away. As the parcels get bigger, currently all of our sewer heads north across the lateral and back to Cherry lane and it would be extremely difficult to pick up (Inaudible). That is all 1 -have. Johnson: Okay, if we could ask the applicant. Howard Vance, 2791 W. Santa Clara, Meridian, was sworn by the City Attorney. Vance: I have questions, I didn't see drainage addressed, I am a drainage engineer. As far as what they are going to do for that part. Is that the one they currently have their for the rest of the subdivision is going to serve this part of it. Or do they have a provision to provide storage in the new part that they are proposing. Johnson: Okay, we will try and get you an answer, is that your only question? Vance: I wanted a little comment on what the City's expansion on the fire protection would be. We are getting a lot of subdivisions and (inaudible) is going to be spread pretty thin. Johnson: I can give you a general answer but not a specific one. We are trying desperately to maintain our rating and in order to do that we have to build sub stations because of the growth and expansion and distances involved from the main fire station. Those are on the drawing board and there are people working on it and I can't be more specific about that. Perhaps some of our paid staff can help us in that area. But we will try to get you a comment on the drainage. Glen Blaser, 3450 Stone Creek Boise, was sworn by the City Attorney. Blaser: I just wanted to say that most of these questions have come up and I am not qualified to answer for the engineers. I think we have hired as fine as engineers as you can find in the valley and they know that particular area of the world real well. We are trying to do the very best thing we can in drainage and meet all the other requirements. As far as the R-15 request, it is a very choice piece of land. Meridian has done a very fine job in subdividing and the (inaudible) I have been a subdivider and builder for 50 years and I think you are doing things right. I congratulate you. I think that is a choice piece of ground. We have to request that zoning because we want a little more latitude I have submitted that piece of ground to two architectural firms in Boise asking to come up with what would be nice on that area. We don't want to do anything that wouldn't be nice. I think it is a choice piece of land and when the zoning first started and Lynn Rogers was the first zoning map in Ada County I guess I was the first one to argue with him if you keep putting everything on two acre lots and 5 acre lots one day we will need Meridian Planning & Zoi ,.. ,g Commission Special Meeting June 18, 1997 Page 46 mass transit and people will be scattered so far it just won't work. I built the nine story high rise next to St. Luke's hospital and I have built several apartment houses. I can see some advantages in grouping people closer together. That is not our intention out there. A townhouse, I built four of them on Phillippi and then the whole street of Grover in Boise and there are zero lot line houses, there are two houses together with a zero lot line. They look in effect like larger homes like you see in the highlands or in the better districts but two families live in that same home. And then there are lawns and space and rear yards, side yards. I really don't know what we would do with this three acre price, we are working on it. I don't think what we are presenting here could be the etched in stone. We had to give you something to think about. But we will and whatever we do we will have to get the plan and we will have to bring it to you for a conditional use permit. We don't think this is final and that is not what we are going to do. We wanted a little latitude to play with the area and see if we couldn't come up with something nicer. I found that when I built townhouses the residents are usually more retired couples who don't want a lot. of grass to mow yet they want something nice and they can afford it. Some of the town houses are really better taken care of than single family dwellings. They don't have to be bad or they don't have to be two story. They can be one story. All. I can say is I really don't know and we won't do anything until we take it back to you to show you. We would like to consider the neighbors and do what is really the best. We do appreciate your consideration of our problems, it is kind of hard to get. rectangular 80 by 100 lots out of a triangular piece of ground that comes to such a sharp point. That is basically what started our thinking. MacCoy: Before you walk away, the R-15 was my question to begin with and some of the people here already have taken that right down the line the same direction I was going to go. I have been out there and looked at the site. I too have done a lot of years of construction and so on. I think R-4 in that zone would be very nice to have some space because as you mentioned already we have had a lot of things going together and I really worry about the fact that we jam so many houses together as it is. I don't like that. And the gentleman here made the comment if we do an R-15 and he hit the nail o the head I think is land and that of others will be R-15. And this Commission here will be watching it turn to R-15 all the way down there. I think it would be a darn shame because there is -some nice land out there and I would like to see some nice homes put into it on an R-4 basis. I just would ask that you take a good look at it and with that in mind I realize that dollars and cents come into this thing I would think that we are taking care or our community at the same time. So I just put that Blaser: I think those are very splendid comments and we are entertaining. We have had three inquiries from private people. One person wants to buy the whole three acres for one house for himself. I have said to everybody that I would sell it to him. We have had another inquiry about a family of three brothers are thinking they want to build three houses on it. And we will do that. It isn't cast in stone, I really don't know but I would like to have the flexibility to play around a little bit. You can always turn me down when we come back for the, I understand what you are talking about. We did try (inaudible) Meridian Planning & Zoi.og Commission Special Meeting, June 18, 1997 Page 47 and it just doesn't come out right, it makes kind of nasty looking lots. Of course we would make them look nice (inaudible)Thank you very much for your consideration. Smith: I have some similar comments, I don't feel that R-15 zoning is appropriate in this area. Maybe to make it work with a zoning that is compatible with the R-4 maybe you have to work with the adjacent property owners and pick up a bigger parcel that will allow you a little more flexibility. I can certainly understand your site constraints there and laying that out. I don't doubt for a minute that you have come up with a lot of choppy problem shaped lots. Also, I don't, as far as the canal being kind of a buffer zone I don't think that is really following the intent of what is defined as a buffer zone. Buffer zones are transitional zones between a higher density and a lower density and we don't have. that, here. I guess also just as the way it is laid out I would have like to have seen probably a whole common green space as opposed to more scattered out green space. It is not as flexible or usable as a common area., I think with some design tweaking and things like that it could work. The bottom line is I just don't think the R-4 zone is appropriate here and I am very encouraged that you have been considering other options. And would hope that those other options are feasible and can go forward. Blaser: Let me ask you a question, if we did have the R-15 couldn't we still build single family houses on it. What I am trying to do is get more options and not fewer. I noticed here a lot of flour plexes going in near the center of time. To me in the long run after many years they begin to look like barracks. A lot of people like them, it is a convenient - - way, it is a.cheap way to house people. But with design and good architects I think you could some. something real beautiful and make something that would be aesthetic and that is what we intend to do. You will see when you come back for our conditional use 11 -permit that you don't like it. Whatever you decide to do why it is you are the decision maker. I in good faith believe that you will do the right thing. We don't know the answers to everything. I am old enough to know that there are better ways to do thing than maybe I would do them. We are asking different people for ideas. It is like an artist, give us a brush and a piece of paper and let us see what we can do. Borup: Mr. Blaser, were you visualizing attached or detached housing in the townhouses? Blaser: I just came back from Washington DC and I have this in my mind. I drive a taxi drove me up and down the street where they have gorgeous down in Houston Texas recently. They have 8 families in a home. It looks like a great big millionaires home. The doors and the garages are kind of hidden. We are limited by space here from being too creative because we are kind of crammed in. I would imagine the would be a little be suited for retired couples, older people or young married couples with grass around them and flowers and we would do everything we could to hide them. I don't want a great big line of garage doors. We :would either put the garage doors underground our beside the building and go down. I don't know what we are going to do but we will try to do something beautiful. Meridian Planning & Zc. ig Commission Special Meeting June 18, 1997 Page 48 Borup: Were you visualizing separate buildings with the setbacks between each building or attached? Blaser: Again the architects will come up with that, I have just turned it over to the people that are in the designing business and asked them to do something nice and they haven't come up with and concepts yes. Tom and his staff did that and that isn't too shabby. I think it would be different than that but I have to give you something to start with. Johnson: Thank you Fuller: I guess Mr. Eddy didn't understand some of the things that I was making a concern to. Most of them were all the same, traffic, the condos, the bridge crossing, the sewer line, the irrigation ditch that needs to be piped and the no use of the bridge there the lane there that is a private lane. But what I really wanted to touch basis with you on this (End of Tape) this piece of ground, I don't know who owns it right now but it is already in the City and it has already hada preliminary plat once. This road comes down here and it stops at the ditch and you have a. building lot there. I believe that building lot needs to come out because look at this little triangular arrow shaped piece right there. That'doesn't make a good building lot and it needs to connect to that other piece of property. I believe it is Lot 35 here in the corner this arrow and that I believe that road needs to put a bridge and go across. --,This is already in the City and already R-4. I didn't get much of a response back from anyone on that so I kind of wanted to bring that up again if any of you have a response on that as far as fire engines or access. I have drove this around through here, it is going north and south okay but there is no east and east. Up in this area here you have all those churches up there on the corner. This shows it a little bit better than this map here. See these are all churches here and this is what I am talking about. There is no connection there. Now they talked about coming in off Ten Mile and making a loop, Ada County wouldn't let them make a dead end loop they made a stub street through my place and the development didn't go through. Now this one is going to go through I believe we need to at least have a bridge here. If you are not going to do one here on that R-15 deal, I hope it doesn't go R-15. If you aren't going to put a bridge here definitely I think you need one there. I hope Mr. Eddy has made a note to that fact if he understands my concern. Thank you. Eddy: I will just quickly address Mr. Fuller's comments, he is absolutely correct that Lot 35 is not a buildable lot and we do not intend it to be a buildable lot. It is part of on your preliminary plat, it is part of note 12, it says lot 35 block 9 is designated as a storm drainage and recreation lot. That is also where our drainage will go from the subdivision will be into that lot. We conform to ACHD's request when (inaudible) and this plan complies with what they wanted for any type of stub streets to adjacent properties. If they request us to change that plan that is something we will have to look at. Meridian Planning & Zoe ... ig Commission Special Meeting June 18, 1997 Page 49 Borup: Mr. Chairman, I had some questions for Mr. Eddy, back on the same subject there (inaudible) did ACHD make you aware of the adjoining property any type of stub street (inaudible) Eddy: My understanding that the stub street that Mr. Fuller was talking about was also to accommodate sewer. We have sewered this property through other methods, we have sewered it going to the north as opposed to going to the west. So that stub street is not required for us and I think that is the main reason (inaudible) Borup: On the other property. A couple of other questions, some of your neighbors seem interested in someday piggy backing on your development for their own development. And a question was asked on sewer depth on the west end of the property probably specifically down on the Pine Street area. Do you know the sewer depth in that area and what Eddy: We submitted preliminary sewer plans with the preliminary plat and on West Roper Lane which is the street that runs East and West the sewer depth, we have an invert out of 71.44 and a red elevation of a 75.71 which is approximately 4.3 feet which is right at the minimum depth for sewer. So it is right at the minimum with what we have now. Borup: You are at the end of the line there essentially. You don't have much choice on changing that depth any do you? Eddy: Exactly we have to match Haven Cove's depths and we (inaudible) so that is what the minimum (inaudible) Borup: I had a couple questions on density, there has been lots of discussion on the R- 15 area, can you tell me the density of lots per acre you have there. Eddy: I will just do a quick calculation of what we have. Are you wanting I am assuming you are wanting just the buildable lots and not the common area included. Borup: Yes, I think some of the concern was the number of residents that would be in that 3 acres. Eddy: There are 15 building lots in that R-15 and 3.04 acres. Borup: (Inaudible) 5 per acre. That was my question Eddy: Any more questions? Fuller: On the sewer you said it was four foot something, what is it over here because Mr. Blaser said (inaudible) and that was a lot deeper over here. I know you raised it off Meridian Planning & Zoi,..g Commission Special Meeting June 18, 1997 Page 50 Haven Cove but what about over here by the churches and the other development. What is the depth there? Eddy: Forecast Court would be (inaudible) The best I can tell we are at approximately 8.5 feet of cover at that particular spot where Mr. Fuller was pointing too which was at the far westerly end of Forecast Court with the sewer: That could change if I get more time to look at it. Johnson: Anybody else, any new comments? Any comments from staff on this before we close the public hearing, anything you would like to add at this time? I will close the public hearing at this time and this., -is an annexation and zoning request which would need findings of fact. (Inaudible) Johnson: Our City Attorney prepares those and then at our next meeting which is July 8th we will have them ready and they are available to the public in written form. Smith: Mr. Chairman, I would like to make a motion to direct the City Attorney to prepare findings of fact and conclusions of law on this item. MacCoy: 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#8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR HAVEN COVE SUBDIVISION NO. 7 BY MERIDIAN LAND DEVELOPMENT CO.: Johnson: On this next item which is related we will have a public hearing as well for the preliminary plat for Haven Cove No. 7. Typically this will be an item that will be tabled because we haven't taken action on the annexation and zoning. However, those that have testified we can incorporate your comments on this item as well. That is usually the way we handle that so you don't have to go through the same spiel. So at this time I will open the public hearing and invite the applicant to make any new comments that he deems pertinent but also to request incorporation. Charles Eddy, 290 N. Maple Grove, Boise, was sworn by the City Attorney. Eddy: I would wish that my comments be incorporated into, for this item that were stated on item 7 and I have nothing further to add. ' Meridian Planning & Zoi ...,g Commission Special Meeting June 18, 1997 Page 50 Haven Cove but what about over here by the churches and the other development. What is the depth there? Eddy: Forecast Court would be (inaudible) The best I can tell we are at approximately 8.5 feet of cover at that particular spot where Mr. Fuller was pointing too which was at the far westerly end of Forecast Court with the sewer., That could change if I get more time to look at it. Johnson: Anybody else, any new comments? Any comments from staff on this before we close the public hearing, anything you would like to add at this time? I will close the public hearing at this time and this is an annexation and zoning request which would need findings of fact. (Inaudible) Johnson: Our City Attorney prepares those and then at our next meeting which is July 8th we will have them ready and they are available to the public in written form. Smith: Mr. Chairman, I would like to makeof item.direct the City Attorney to prepare findings of fact and conclusions of I on MacCoy: 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 #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY T FOR HAVEN COVE SUBDIVISION NO. 7 BY MERIDIAN LAND DEVELOPMENT CO. Johnson: On this next item which is related we will have a public hearing as well for the preliminary plat for Haven Cove No. 7. Typically this and will be an itm that zon nge However,will those be that led because we haven't taken action on the annexation have testified we can incorporate your comments on this item as well. That is usually the way we handle that so you dont have to go through the samespiel. So at tht i that he will open the public hearing and invite the applicant to make any rew deems pertinent but also to request incorporation. Charles Eddy, 290 N. Maple Grove, Boise, was sworn by the City Attorney. Eddy: I would wish that my comments be incorporated into, for this item that were stated on item 7 and I have nothing further to add. Meridian Planning & Zoi,,, ig Commission Special Meeting June 18, 1997 Page 51 Johnson: Thank you Ben Jepson, 2820 West Pine, Meridian, was sworn by the City Attorney. Jepson: I would like my comments from the previous item included in this item. Johnson: Thank you we will do that. Dave Fuller, 890 N. Ten Mile, Meridian, was sworn by the City Attorney. Fuller: I would like to have my previous comments attached to this program too. I know this 'is difficult for those of us who don't do this every day so bear with us we want a good community too. Johnson: That is not a problem at all, the thing is sometimes we assume you know what we are doing. So I try to let you know as much as I can what we are doing. We don't really make any decisions here we make recommendations. But our main function is to gather information so we want all of your comments. Then the City Council is better prepared because they are the ones with the power to actually make the decision. We have everybody's testimony and what typically happens is we get more testimony at Planning and Zoning because people come here once testify and see we don't do anything and never go back.to the City where they really should be when the City Council is there. So we like to get all the testimony we can at least we have done our job gathering as much information for the public as we can for the city to make their decision. Okay, anybody have any comments on the preliminary plat? Does anybody have any questions? I will close this public hearing at this time and we need a motion on the preliminary plat. Smith: Mr. Chairman, I make a motion we table agenda item #8 request for prefiminary plat for Haven Cove Subdivision No. 7 until our next Planning and Zoning meeting July 8. MacCoy: Second Johnson: Moved and seconded we table item #8, all those in favor? Opposed? MOTION CARRIED: AII'Yea (Inaudible) Johnson: Whenever that guy on the end there gets that done, we would typically get those some time prior to our next meeting. (Inaudible) Meridian Planning & Zotmig Commission Special Meeting June 18, 1997 Page 52 Johnson: John what would you say they are probably available a week prior to our meeting? Fitzgerald: Tuesday is the 8th, I would hope to have them done by the Friday before. Johnson: So that is July 4th when everybody is on a holiday. Berg: One other comment, those are draft findings until these guys approve they are not really official documents. If you listen to some of the discussion at the first item on the agenda they hashed out a couple of things and amended a couple things and that is their privilege. Just so you know they are not official they are draft. When they get them they pass them onto the City Council and they can do the same thing. (Inaudible) Berg: You can request them, I do want to say it is $.1.0 a page and some of them are lengthy. We can fax them to you too. You can read them, examine them, don't' want them, copy certain page. Manning: Mr. Chairman, I move we adjourn. MacCoy: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM UGHIySON, CHAIRMAN Meridian Planning & Zor ,g Commission Special Meeting June 18, 1997 Page 53 ATTEST: r WILLIAM G. BERG, JR., Cl ERK OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS. Parks Supt. SHARI 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: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW. President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY June 13, 1997 Re: HAVEN COVE SUBDIVISION NO. 7 by Meridian Land Development Co., LLC (Annexation & Zoning / Preliminary Plat) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. The applicant has submitted a variance application for tiling of the Eight Mile Lateral. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Haven Cove Sub. No.7.PP.doc Mayor, Council and P&Z June 13, 1997 Page 2 Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 9. Respond, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal descriptions submitted with the application for annexation/zoning/preliminary plat need to be revised to include '/2 of the Eight Mile Lateral right-of-way. By following this convention, the properties will abut each other and theparcel annexed March 15, 1994 by Vickie Welker as Ordinance 633, which is located on the opposite side of the Eight Mile Lateral near the westerly boundary. 2. _..Sanitary sewer -service to,.this site will be via existing mains installed in prior phases of this development,.and..by_a new main.to_be. installed along the Eight Mile Lateral, to the existing main in Ten Mile Road. Applicant will be responsible to obtain easements, and to construct the sewer mains to and through this proposed development, which includes the installation of a dry line sewer in Pine Avenue. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. The sewer plan/profiles submitted with this application show a sewer main is proposed to cross under the Eight Mile Lateral near the northernmost corner of the R-15 site. The profiles state that there is 9 feet of clearance from the top of the sewer pipe to the flow line of the lateral. The clearance more than likely should have been stated as 9 inches. Special consideration needs to be given to the design and construction of this crossing. 4. Water service to this site will be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. Revise the Preliminary Plat Map to show all adjacent land, use and existing zoning of properties surrounding the proposed development. 6. Lot 40, Block 9; Lot 8, Block 13; Lot 4, Block 16; and Lot 46, Block 11 don't appear to meet the minimum 80 -foot frontage required in an R-4 Zone, and Lot 38, Block 16 doesn't appear to meet the minimum 40 -foot frontage requirement for a cul-de-sac lot in an R-4 Haven Cove Sub. No.TPP.doc Mayor, Council and P&Z June 13, 1997 Page 3 Zone. The Applicant has applied for a variance on Lot 40, Block 9, and Lot 8, Block 13, only. 7. The Applicant has also requested a variance from the 15 -foot rear yard setback requirement for the existing house sitting on Lot 4, Block 16. Block 16 exceeds 1,000 feet in length There is an existing bridge at the end of the proposed N. Carla Place, but it does not meet ACHD standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, but it is unknown if the easement applies once a subdivision has been built. The Applicant has submitted a variance request for the block length. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway. 9. The Applicant is proposing an R-15 zone adjacent to an existing rural residential property to the west which is still in the County. The resident of the property is understandably concerned about the higher density and two-story buildings that are proposed next to their home. While higher densities along major transportation corridors should be considered by the City, consideration must also be given to the existing residents. Buffering for this use will be hard to attain. If R-15 is approved at the location proposed, development should only be approved under the conditional use permit process. 9. The preliminary plat indicates that easements 3.5 feet in width are proposed on each side of the Eight Mile Lateral, adjacent to the 53 -foot -wide fee simple right-of-way owned by the United States. The Applicant's engineer has stated that the additional area is being requested by Nampa & Meridian Irrigation District to achieve their overall desired width of 60 feet. The "need" for the additional area is questionable, since the existing 53 feet seems to have been historically adequate, and the Applicant should not be required to dedicate additional easement area to meet some arbitrary standard of uniformity. 10. Several lots unnecessarily have the arrow symbol depicting the front lot line, unless the developer wants to restrict the orientation of the houses on these lots (Lot 38, Block 9, Lots 25, 26, 32 and 34, Block 16, Lots 30, 31 and 42, Block 11, Lot 10, Block 13). The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that don't meet the minimum frontage required by the particular zone, or when there is concern with aesthetics, such is the case with Lot 20, Block .16. 11. Correct the description of the survey monument located at the intersection of Pine Ave. and Ten Mile Rd. to read "1/4 Corner' instead of 1/16 Corner. Haven Cove Sub. No.7.1`Rdoc Mayor, Council and P&Z June 13, 1997 Page 4 12. 250- and 100 -watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 13. Please add or revise the following notes: (4.) Revise second part because the five foot -wide easement is only applicable if the boundary line is a side lot line. (8.) This note is only applicable to an R-4 zone. Add minimum square footage for the R-15 zone or the schedule of square footage distribution as allowed in that zone, or as approved by the City Council as a condition of annexation and zoning. (14.) Add Lot 3, Block 16 to the list of lots owned and maintained by homeowners association. 14. Street signs are to be in place, water system shall be approved and activated, fencing installed, pressurized irrigation system approved and activated, and road base approved by the Ada County Highway District prior to any building permits being issued. 15. Install six -foot -high, permanent, non-combustible fencing along both sides of the Eight Mile Lateral and permit no structural encroachment of the common lot. The 53 -foot -wide area should be designated as a separate lot on the plat. Also provide permanent, six -foot -high perimeter fencing adjacent to adjacent properties that are not part of a recorded subdivision. Fencing is to be in place prior to applying for building permits. Bonding for the improvements will be required prior to signature on the final plat. 16. Minimum 20 -foot -wide common area planting strips are required adjacent to Pine Street. A detailed landscape plan for the common areas shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 17. A development agreement is required as a condition of the annexation of this property. 18 Please consider the design modification shown on the map below. It would help to reduce the sea of asphalt look, and also direct the traffic around the corner a little better. Haven Cove Sub. No.TPP.doc BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN LAND DEVELOPMENT CO. L.L.C. APPLICATION FOR ANNEXATION AND ZONING HAVEN COVE NO. 7 SUBDIVISION A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4, SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO NORTH OF PINE STREET WEST OF LINDER ROAD MERIDIAN, IDAHO a FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on June 18, 1997, at the hour of 6:00 o'clock p.m., the Applicant appearing through its representative, Charles Eddy, 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 18, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 18, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN LAND DEVELOPMENT CO. L.L.C. L 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 29.14 acres in size. 3. The Applicant is not the record owner of the property; however, the record owners, John T. Eddy and Betty M. Eddy, 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 Applicant requests a portion of the property, approximately 25.34 -acres, be zoned (R-4), Low Density Residential District, and the remaining portion of the property, approximately 3.04 acres, be zoned (R-15) Medium High 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 Haven Cove No. 7 Subdivision. 6. The property is located on the north side of Pine Street and south of Linder Road. The property is currently bounded on three sides by residential developments; Haven Cove No. 4 to the north, Haven Cove No. 5 and No. 6 to the east, and Morning Glory Subdivision along the south side of Pine Street. The property adjoins the city limits of the City of Meridian. 7. The Applicant requests (R-15) Medium High Density Residential District of approximately 3.04 acres due to the unusual shape of the parcel caused bypthe Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS'OF LAW - Page 2. MERIDIAN LAND DEVELOPMENT CO. L.L.C. a 8. The -Applicant's representative, Charles Eddy, testified and explained substantially as follows. The application is for the annexation and zoning of`approximately 28.38 acres located at 2630 and 2930 West Pine. For as long as he can recall, the property has been used for agricultural purposes. The parcel to the north of the property, Haven Cove Subdivision No. 4, is zoned R-4. The parcels to the east, Haven Cove Subdivisions No. 5 and No. 6, are zoned R-4. The parcels to the southwest are currently zoned RT and are ,used for agricultural purposes. The Applicant is requesting annexation of the property with a portion zoned R-4 and the remaining portion zoned R-15. The R-15 zoning applies to approximately 3.04 acres of the southwestern portion of the property. The Eight Mile Lateral, which bisects the property in a northwesterly direction, splits off the approximate 3.04 acres. The Applicant proposes 80% of the development consist of `Single family residential and the remaining 20% consist of townhouses. The portion of the property which would be single family residential would contain public streets with 50 feet wide right- of-ways and 37 feet back to back curb improvements. The approximate 3.04 acres zoned R-15 would consist of townhouses with a private street to be owned and maintained by the homeowners association. The Applicant plans to meet all of the minimum standards for house size and lot size. The Applicant has, however, submitted an application for a variance on the following items. There are two lots that do not meet the minimum of 80 feet of frontage; namely Lot 40, Block 9 and Lot 8, Block 13. In FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN LAND DEVELOPMENT CO. L.L.C. R accordance with the Applicant's letter to the City Council, Lot 40, Block 9 has 40.08 feet of frontage, which'is at the right-of-way line. The 80 feet of frontage occurs at 42 feet from the right-of- way line. The total depth of 'Lot 40, Block 9 is 140 feet and the lot area is 13,206 square feet. Lot 8, Block 13 has lot frontage of 68.59 feet at the right-of-way line. Twenty seven feet from the front lot line is the location of the 80 feet frontage. The depth of Lot 8, Block 13 is 99 feet with a total lot area of 8,330 square feet. The Applicant is also requesting a setback variance on an existing house, which is .located on Lot 4, Block 16. The builders of the home in the 1930's did not have the foresight to know that the road would be widened to 66 feet. Consequently, the increased width of West Pine Street and the 20 feet of additional landscaping width which is required by the City's ordinance causes the setback to be reduced to 13.3 feet. This 13.3 feet of setback is less than the 15 feet minimum. With reference to the general comments of City staff, the general comments, Items 1 through 9, are accepted as stated. With regard to item 3 of the site specific comments of City staff, the preliminary engineering drawings incorrectly provided nine feet of clearance between the top of the sewer pipe and the bottom of the Eight Mile Lateral. This clearance should be nine inches. With reference to item 6 of the site specific comments, excepting the matters for which the Applicant seeks the variances, lot lines for Lot 4, Block 16 -and Lot 46, Block 11 will be adjusted to meet the minimum frontage of 80 feet. City staff commented that Lot 38, Block 16 did not meet the minimum frontage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 0 Q 40 feet on the chord which is required for a culdesac. If one added the 32.46 feet and the 10.06 feet on the tangents, the sum is 42.52 feet which is in excess of the minimum requirement of 40 feet. The comment at item 7, concerning the rear setback, was previously addressed and explained. With reference to item 8.of the comments, the main reason for the block length being greater than 1,000 feet is the existence of a house at 2930 West Pine. The Applicant had to accommodate this house in order to place the streets, and, consequently, the block length is greater than 1,000 feet. Staff commented that the bridge, presently used to access the house, be used as a pedestrian access after the subdivision is completed. The Applicant does not presently believe this is a viable option. The existing ingress/egress easement that serves this house only provides for access to that house and not for use by the general public. Also, safety issues are present given the current condition of the bridge. With reference to the two item nines, the Applicant will proceed through a conditional use process for the R-15 zoned property and the proposed townhouses. The Nampa & Meridian Irrigation District requested the Applicant provide to it an additional 3.5 feet of right-of-way on each side of the current 53 -feet right-of-way for the Eight Mile Lateral. Although the Applicant appreciates the staff's recommendation that it not grant the District such additional right-of-way, it has incorporated such request into the design and have agreed orally to expansion. The remainder of the staff's site specific comments are accepted as stated with no problems. The Eight Mile Lateral is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN LAND DEVELOPMENT CO. L.L.C. very large. The Applicant anticipates that if it were tiled, the necessary pipe would be 84 inches by 56 inches. In the past the City's policy has been not to require tiling of ditches which would require a pipe over 48 inches. Accordingly, the Applicant requests that it not be required to tile the Eight Mile Lateral, but to fence it in conformance with the subdivision ordinance. 9. In response to questions of Commissioner MacCoy, the Applicant's representative, Charles Eddy, testified substantially as follows. The Applicant's request for the R-15 zoning on a portion of the property 'is based upon several things. First the parcel is oddly shaped and it is difficult to derive an aesthetically pleasing design for single family residential on the particular part of the property. Second, the Applicant felt that because of the natural break of the Eight Mile Lateral, the lateral, would provide a natural buffer between the single family residential portion of the property. Based upon discussions with City staff, it was felt that this part.of the property would be a good location for a townhouse type of development. Although the Applicant has a better idea of the type of building which would be constructed, generally, the buildings would be two story. With regard to fire access in the R-15 portion of the property, the Applicant has had discussions with the Meridian Fire Department. As depicted on the 11" x 171, plat map submitted at the hearing, an island is provided which allows a turn around for the fire trucks. The depth from the turn around to the southerly portion of the private drive, in his layman opinion, is sufficient for fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN LAND DEVELOPMENT CO. L.L-.C. I access. His experience has been that 150 feet maximum area is generally accepted; however, if the area is not acceptable to the Fire Department the Applicant would redesign the area to meet the Department's standards. 10. Ben Jepson testified substantially as follows. He and his wife own the property directly west of the proposed R-15 zoned ,property. His first concern is the Rutan Lane, which is used for access to the house on the property. There exists a stub street in the area to provide access to future development. Rutan Lane is on his property, and after the property is developed he does not want people from the developed subdivision using the lane to access Pine Street. After the property is developed, he prefers that the easement right-of-way be released, and access on Rutan Lane blocked to prevent access from the subdivision development. Another concern is the depth of the sewer across the Eight Mile Lateral. He desires the sewer line crossing the Eight Mile Lateral be buried deep enough to allow the line to be used by his property when it is developed in the future. Another concern is the open earthen ditch along the south edge of the Eight Mile Lateral, which provides irrigation water to his property and several other properties adjacent to his property. He desires the ditch to be tiled properly, and the pipe have sufficient capacity to allow the use of additional water if such exists. His largest concern is the R-15 zoning of a portion of the property. He understands that the Comprehensive Plan identifies the property as R-4 zoning. The homes west of the property are single story/single family FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN LAND DEVELOPMENT CO. L.L.C. residences. He is concerned that the R-15zoningwould, allow tall structures. He is further concerned about traffic, noise and congestion arising from the R-15 zoning. He prefers the entire property be zoned R-4 if possible, because such zoning would blend in with the existing homes in this area. 11. Dave Fuller testified substantially as follows. He owns property adjacent to Ben Jepson. His largest concern'is the stub street and the potential access from the development to the -west. He believes a lot should be taken out and a bridge constructed over the Eight Mile Lateral. He would prefer single family residential dwellings rather than townhouses. He believes the neighbors in the area also prefer single family residences to townhouses. He recognizes that his property will be developed in the future, but he desires to maintain a mixed development in'the area. The R-15 zoning will precipitate further R-15 development in the area. He does not think the plan, in light of the future development of property to the west,, is good. The issue of traffic is also a concern. The speed of the traffic on Ten Mile is in excess of the speed limit. He also wants the sewer line to be buried deep enough so it may be used in the development of his property in the future. 12. Don Bailey testified substantially as follows. He is curious of the City's ability to provide water and sewer to the properties being annexed into the City, including this property. 13. In response to the testimony of Mr. Bailey, the City Engineer, Gary Smith, commented as follows. The City's water and sewer system are continually in the process of expansion as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN LAND DEVELOPMENT CO. L.L.C. result of the growth the City has experienced. Each year, at least two wells are drilled to supplement the water supply, and a new two million gallon water storage tank is being designed to supplement the City's storage. This storage tank will be built this year, 1997. The City is presently constructing a new primary clarifier at the waste water treatment plant. The City is designing an expansion of the aeration basin. When the aeration basin is constructed, within the next year, the City will have a sewer treatment plant with a capacity of four million gallons per day. The present demand on the sewer treatment plant, based upon an average daily basis, is 2.78 million gallons per day. The City is -presently catching up to the growth, and will be ahead of the growth with the foregoing construction and improvements. 14. The Applicant's representative, Charles Eddy, further testified substantially as follows. With regard to Ben Jepson's comments, as part of Ada County Highway District's requirements for the stub street that stops at the bridge, barricades will be constructed to prevent public access from the developed subdivision onto Rutan Lane. In conformance with the Nampa & Meridian Irrigation District's and the City's policies, the Applicant will tile the ditch coursing through the 3.04 acres for which the R-15 zone is requested. The ditch will be tiled in accordance with applicable standards. With regard to the comments of Dave Fuller, the Applicant would be willing to examine any of Mr. Fuller's working drawings to determine whether the installation of the sewer in the property can be designed to tie into Mr. Fuller's property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN LAND DEVELOPMENT CO. L.L.C. in the future. However, he does not believe such is feasible due to the lay of the land. 15. Glen Blaser, a member of the Applicant, testified substantially, as follows. The Applicant is doing its best to address and resolve the issues concerning drainage and the other requirements imposed on the proposed development. The portion of the property, for which the Applicant seeks an R-15 zoning, is a prime piece of land. The Applicant desires a little more latitude in the development of that portion of the property. The Applicant wants to develop that part of the property with a nice aesthetically pleasing development. He anticipates the construction of buildings which appear as large houses, but two families live in each building, with lawns. He does not presently have the specific details for what will be constructed on the property; however, whatever the Applicant. comes up with will be brought back before the City for review and approval through the conditional use process. He has experienced that the people who live in a townhouse type of development are retired couples, who desire low maintenance type of landscaping. 16. Commissioner MacCoy commented as follows. He believes the R-4 zoning of the portion of the property, for which the Applicant seeks R-15, would be nice. He does not like the close proximity of houses as has been developed recently; he prefers space amongst the houses. He is concerned with the zoning and development of property to the west being R-15. However, he also recognizes the economics of development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 17. In response to the comments of Commissioner MacCoy, Glen Blaser, a member of the Applicant, testified substantially as follows. He appreciates the comments of Commissioner MacCoy and will entertain such comments in the pursuit of developing the property. The Applicant has had inquiries from individuals seeking to purchase the property, and the Applicant would sell that portion of the property 'if it in fact had a buyer. However, at this point in time, the Applicant desires flexibility for the development of that portion of the property. 18. Commissioner Smith commented as follows. He too does not believe the R-15 zoning is appropriate for the portion of the property which the Applicant seek R-15 zoning. The Applicant may have to purchase adjacent property to make the area of property larger and to achieve the flexibility it desires. With regard to the Eight Mile Lateral acting as a buffer area, he does not believe such is consistent with the intent of a buffer zone. Buffer zones are transitional zones between higher density and lower density developments. He would like to see grouped open space that scattered open space in the proposed development. The smaller areas are less conducive to use than are larger areas. He would like the Applicant to consider other alternatives, rather than proceeding with the R-15 zoning. 19. In response to the comments of Commissioner Smith, Glen Blaser, a member of the Applicant, testified substantially as follows. The Applicant's intentions are to acquire flexibility in the development of this small portion of the property, not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN LAND DEVELOPMENT CO. L.L.C. necessarily to construct cheap buildings. The Applicant's objective is to construct aesthetically pleasing structures and make this portion of the property nice in appearance. The Applicant is pursuing different ideas to achieve this objective. 20. In response to questions of Commissioner' Borup, Glen Blaser testified substantially as follows. He visualizes constructing residences which appear as one large house from the outside, but in which several families live. He visualizes nice housing in which retired couples, `older couples, young married couples would live. He does not visualize a line of garage doors. The garages would be located underneath or to the side of the buildings. However, he is relying upon architects to create aesthetically appealing buildings. 21. Dave Fuller further testified substantially as follows. His concerns focus upon traffic, condominium development, a bridge crossing, the location and depth of the sewer line, the irrigation ditch, and prohibiting the use of Ru.tan Lane. However, his primary concern is tying the development of the property into the development of the adjacent property to the west. He desires Lot 35 should be eliminated to allow a connection to the property to the west for future development purposes. 22. In response to the further testimony of Dave Fuller, the Applicant's representative, Charles Eddy, testified substantially as follows. Mr. Fuller is correct that Lot 35 is not a buildable lot; however, as provided on the preliminary plat for the development, Lot 35, Block 9 is designated as a storm drainage and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN LAND DEVELOPMENT CO. L.L.C. recreation lot., - The proposed plan conformvs-, with the i'r $ f i r `ki. Fb • ;F'At �i. rW recommendations,,i and requirements of.tthe- Ada County Highway District. , If -the, Ada -County Highway District requests something different, the Applicant would certainly„examine-such~request:; 23. In response to questions of -Commissioner 'Borup, the Applicant's representative testified substantially as follows. The prior stub street recommendations were :to.accomiodate_sewering'the property; however,-- the property; : is rto�� be_k sewer' ed through other methods. ,The property. is sewered by moving to 'the north, rather than the west. .With regard to developmenttof property to the west, the depth mof, the -sewer lines running east and west, -,are at the minimum depth for sewer lines. The sewering of the property must meet with Haven Cove's depth;.. Consequently', the -sewer lines are. at 4 the minimum depth. With regard to the proposed density of the 41 . I k property for which the. Applicant seeksan- R-15 zoning,, there are 15 building lots and 3.04 acres; thus, five dwellings per acre. 24. The Assistant to the City Engineer, Bruce•=Freckleton,4 and the Planning and Zoning, Administrator,M 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 'ditchesj_`crossing the property to be included in this .project,'shall be tiled per City,Ordinance 1179-605 M. Plans will needk.to be approvedr by the, appropriate_ irrigation/drainage district, o"r` °'lateral. users, association, with written confirmation ofIsaid­approval. submitted to the_vPublic Works Department. The Applicant has submitted a variance application for tiling of the Eight Mile Lateral; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MERIDIAN LAND DEVELOPMENT CO. L.L.C. b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; C. The Applicant is to determine the seasonal high groundwater elevation," and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. The Applicant is to provide five feet wide sidewalks in accordance with City Ordinance Section 11-9-606 B; e. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, and make any corrections necessary to conform; g. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent; h. The Applicant is to indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries; and i. The Applicant is to respond-, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. The Applicant is to submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Their site specific comments included the following: a. The legal descriptions submitted with the application for annexation/zoning/preliminary plat need to be revised to include one half of the Eight Mile Lateral right-of-way. By following this convention, the properties will abut each other and the parcel annexed March 15, 1994 by Vickie Welker as Ordinance 633, which is located on the opposite side of Eight Mile Lateral near the westerly boundary; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MERIDIAN LAND DEVELOPMENT CO. L.L.C. b. Sanitary sewer service to this site will be via existing mains installed in prior phases of this development, and. by a new main to be installed along the Eight Mile Lateral, to the existing main in Ten Mile Road. The Applicant will be responsible' to obtain easements, and to construct the sewer mains to and through this proposed development, which includes the installation of a dry line sewer in Pine Avenue. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline; C. The sewer plan/profiles submitted with this application show a sewer main is proposed to cross under the Eight Mile Lateral near the northernmost corner of the R-15 site. The profiles state that there is nine feet of clearance from the top of the sewer pipe to the flow line of the lateral. The clearance more than likely should have been stated as nine inches. Special consideration needs to be given to the design and construction of this crossing;, d. Water service to this site will be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department; e. The Applicant is to revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development; f. Lot 40, Block 9; Lot 8, Block 13; Lot 4, Block 16; and Lot 46, Block 11 do not appear to meet the minimum 80 feet frontage required in an R-4 Zone, and Lot 38, Block 16 does not appear to meet the minimum 40 feet frontage requirement for a cul-de-sac lot in an R-4 Zone. The Applicant has applied for a variance on Lot 40, Block 9, and Lot 8, Block 13, only; g. The Applicant has also requested a variance from the 15 feet rear yard setback requirement for the existing house sitting on Lot 4, Block 16; h. Block 16 exceeds 1,000 feet in length. There is an existing bridge at the end of the proposed N. Carla Place, but it does not meet Ada County Highway District standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MERIDIAN LAND DEVELOPMENT CO. L.L.C. but it is unknown if the easement applies once a subdivision has, been built. The Applicant has submitted a variance request for the block length. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway; i. The Applicant is proposing an R-15 zone adjacent to an existing rural residential property to the west which is still in the County. The resident of the property is understandably concerned about the higher density and two-story buildings that are proposed next to the home. While higher densities along major transportation corridors should be considered by the City, consideration must also be given to the existing residents. Buffering for this use will be hard to attain. If R-15 is approved at the location proposed, development should only be approved under the conditional use permit process; j. Several lots unnecessarily have the arrow symbol depicting the front lot line, unless the developer wants to restrict to orientation of the houses on these lots (Lot 38, Block 9, Lots 25, 26, 32 and 34, Block 16, Lots 30, 31 and 42, Block 11, Lot 10, Block 13). The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that does not meet the minimum frontage required by the particular zone, or when there is concern with aesthetics, such is the case with Lot 20, Block 16; k. The Applicant is to correct the description of the survey monument located at the intersection of Pine Avenue and Ten Mile Road to read "1/4 Corner" instead of 1/16 Corner; 1. 250 and 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the Applicant's expense. Typical locations are at street intersections and/or fire hydrants; M. The Applicant to please add or revise the following notes: Revise second part because the five feet wide easement is only applicable if the boundary line is a side lot line. FINDINGS OF.FACT AND CONCLUSIONS OF LAW - Page 16. MERIDIAN LAND DEVELOPMENT CO. L.L.C. This note is only applicable to an R-4 zone. Add minimum square footage for the R-15 zone or the schedule of square footage distribution as allowed in that zone,'or as approved by the City Council as a condition of annexation and zoning. (14.) Add Lot 3, Block 26 to the list of lots owned and maintained by the homeowners association. n. Street signs are to be in place, water system shall be approved and activated, fencing installed, pressurized irrigation system approved and activated, and road base approved by the Ada County Highway District prior to any building permits being used; o. The Applicant is to install six feet high, permanent, non-combustible fencing along both sides of the Eight Mile Lateral and permit no structural encroachment of the common lot. The 53 feet wide area should be designated as a separate lot on the plat. Also provide permanent, six feet high perimeter fencing adjacent to adjacent properties that are not part of a recorded subdivision. Fencing is to be in place prior to applying for building permits. Bonding for the improvements will be required prior to signature on the final plat. p. A minimum 20 feet wide common area planting strips are required adjacent to Pine Street. A detailed landscape plan for the common areas shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. q. A development agreement is required as a condition of the annexation of this property. r. The Applicant is to consider the design modification shown on the map included in their comments. It would help to reduce the sea of asphalt look, and also direct the traffic around the corner a little better. The map included in their comments is hereby incorporated as if presented in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 11 25. The Meridian Police Department submitted comments, which comments are incorporated herein as if set forth in full. 26. The Meridian -Fire Department submitted comments, which comments are incorporated herein as if set forth in full; that the entire area set aside' for the City of Meridian and area the homeowners association will maintain will need to be kept clear of trash and weeds, that all street name signs will need to be installed before building is started, and that it is not sure what kind of turn arounds the Applicant is putting in the area of the R- 15 zoning. 2.7. The Nampa & Meridian Irrigation District submitted comments, which comments are incorporated herein as if set forth in full and'included the following: a. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the west portion of the project. The right-of-way of the Eight Mile Lateral is 60 feet; 30 feet from the center each way; b. The Applicant must contact the District for approval before any encroachment or change of right-of-way occurs; C. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting; d. All laterals and waste ways must be protected; e. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans; f. The Applicant must comply with Idaho Code Section 31-3805; and g. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 28. The United States Department of the Interior, Bureau of Reclamation, submitted comments on this application, which comments are incorporated herein as if set forth in full. Its comments provided in part: The United States' Eight Mile Lateral Canal abuts the northwestern portion of this proposed development and bisects its southern portion. 4 1. The canal right-of-way is owned in fee by the United States. It is not an easement as indicated on the preliminary plat. The plat should be relabeled prior to final approval. 2. We are working with the developer to bring about the land ownership depicted on the plat. At this time, however, ownerships are as depicted on the enclosed drawing. The drawing accompanying its comments is hereby incorporated herein as if presented in full. 29. 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 foz 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 seepage beds. 30. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MERIDIAN LAND DEVELOPMENT CO. L.L.C.. submitted shall be incorporated herein as if set forth in full when submitted. 31. Joint School District No. 2 submitted comments on this application, which comments are incorporated herein as if set forth in full. Its comments provided in part: I [ Jim Carberry) have reviewed the plat for Have Cove No. 7 Subdivision and find that it includes approximately 110 homes assuming a median value of $100,000.00. We also find this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and Meridian High School. Using- the above information we can predict that these homes, when completed, will house 30 elementary aged children, 26 middle school aged children, and 31 senior high aged students. This development will cause additional overcrowding in all three schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. 32. There were no other comments by the public regarding this application. 33. The property requested to be annexed is presently included within the Meridian Urban Service Planning'Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 34. The property is in an area designated on the Generalized Use Map of the Meridian Comprehensive Plan as a single family residential area. In the Comprehensive Plan property inside the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MERIDIAN LAND DEVELOPMENT CO. L.L.C. Urban Service Planning. Area may be developed -at greater densities than one dwelling unit per acre,. 35. 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. 36. 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.` ry 37. The property can be 1physically serviced with City of b Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities., 38. 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 when.e 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-4) 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. 39. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 1., all new single-family detached housing in the`(R-4) Low Density Residential District shall be constructed to contain at FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MERIDIAN LAND DEVELOPMENT CO. L.L.C. least 1,400 square feet of living space of which the garage is not I included in determining the square footage of living .space. 40. The R-15, Medium High Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 5 as follows: I (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwellings units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 45. In the Meridian Comprehensive Plan under TRANSPORTATION, Functional Classification Definitions, Collectors, provides that Pine, Ten Mile to Locust Grove is a collector within the Meridian Urban Service Planning Area. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 44. 47. Section ,,11-2-411 D of the Zoning and Development Ordinance provides in relevant part: 2. All new single-family detached housing in Zones R-8 and R-15 shall be constructed to contain at least one thousand three hundred one (1,301) square feet of living space (garage not to be included in determining living space) unless there is dispersed among the new residential development houses of varying sizes. The following schedule shall set the percentages and accompanying sizes that shall exist in all new residential developments in the above two (2) zone districts of R-8 and R-15, except for those containing houses, all of which will contain one thousand three hundred one (1,301) square feet or more. The below schedule is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. MERIDIAN LAND DEVELOPMENT CO. L.L.C. A minimum schedule and houses of larger sizes may occupy a larger percentage than set forth below: 5 a. No single-family detached houses may be constructed in an R-8 or R-15 residential development which are less than one thousand (1,000) square feet; b. Ten percent (10%) of the single-family detached houses in an R-8 or R-15 development may be between one thousand one (1,001)' square feet and one thousand one hundred (1,100) square feet; C. Fifteen percent (15%) of the single-family detached houses in. an R-8 or R-15 development may be between one thousand one hundred one (1,101) square feet and one thousand two hundred (1,200), square feet; d. Twenty five percent (25%) of the single family detached houses in an R-8 or R-15 development may be between one thousand two hundred one (1,201) square feet and one thousand three hundred (1,300) square feet; e. Fifty percent (50%) of the single-family detached houses in an R-8 or R-15 development may be larger than one thousand three hundred one (1,301) square feet. 3. All single-family detached houses in the R-8 or R- 15 districts below one thousand three hundred one (1,301) square feet shall be interspersed uniformly through the entire development. 4. All single-family detached dwelling houses in all residential districts which have multi -stories shall have a minimum of eight hundred (80,0) square feet of living space on the ground floor. 48. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, 112. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. MERIDIAN LAND DEVELOPMENT CO. L.L.C. range of affordable housing opportunities. "� COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 49. 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 a 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. 50. 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. 51. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. MERIDIAN LAND DEVELOPMENT CO. L.L.C. W 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. 52. 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. 53. With regard to this application, Planning and zoning Administrator, Shari Stiles, and Assistant to the City Engineer, Bruce Freckleton, made the specific comments that if the, R-15 zoning request is approved at the location proposed, development of that part of the property should only be approved under the conditional use permit process, and the annexation of the property should be conditioned upon a development agreement.. 54. 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 deliverservices without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 55. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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. 5&. 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. 57. 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 area; the pedestrian easement shall be at least ten feet (10') wide." 58. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips . . . shall conform to the following: I. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. MERIDIAN LAND DEVELOPMENT CO. L.L.C. V to screen the view from "residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement; 59`. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform td 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; 60. Section" 11-9-605 K of the Zoning and Development Ordinance provides: The extent and location of lands designed for by open space corridors should be determined largemadeyfnatural features and, to a lesser extent, by utility easements, transportation rights sucas f Way such water rights of way. Landscaping, screening lineal be -required for the protection open space corridors may of residential properties from adjacent arterial streetAs waterways, railroad rights of way or other features. improved areas (landscaped), semi -improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban'land uses; 5. To enhance local identification within the area due to the internal linkages; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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. 61. Section 11-9-605 L of the Zoning and Development Ordinanceprovides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall: consider the Bicycle Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 62. 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. 63. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances'of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. MERIDIAN LAND,DEVELOPMENT CO. L.L.C. including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property.. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. It is concluded that the development of the entire property as a (R-4) Low Density Residential District would be more compatible to the development in the surrounding area, in contrast to the development of a portion of the property as a (R-4) Low Density Residential District and the other portion of the property as a (R-15) Medium High Density Residential District, as requested by the Applicant. It is therefore concluded that the annexing and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. MERIDIAN LAND DEVELOPMENT CO. L.L.C. zoning of the property is _in the best interest of the City of Meridian and that the entire property should be annexed and zoned (R-4) Lola Density Residential District. 13. As a condition of annexation and the zoning of the property as (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 applicable to the entire property shall address, but not limited to, the following matters: a. Inclusion into the development the requirements of W 11-9-605; b. Payment by the Applicant, or if required, any 5 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 bermidg 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; FINDINGS OF FACT AND CONCLUSIONS OF'LAW - Page 31. MERIDIAN LAND DEVELOPMENT CO. L.L.C. j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; M. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 14. 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 17. All ditches, canals, and waterways shall be tiled as a condition of annexation, unless a variance shall be granted, and if not so tiled, the property shall be subject to de -annexation. 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 begat 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. t FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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. s ROLL CALL COMMISSIONER BORUP COMMISSIONER MANNING COMMISSIONER MACCOY COMMISSIONER SMITH CHAIRMAN JOHNSON (TIE BREAKER) il VOTED VOTED All VOTED VOTED t�ti VOTED DECISION AND RECOMMENDATION 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 condition's 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 applicable to the entire property; 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 applicable to the entire property the property should not be annexed. MOTION: 7-f -17 APPROVE DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman 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: June 3 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Annexation/Zonin$/Preliminary Plat for Haven Cove Subdivisoin No. 7 - North of Pine Ave, East of Ten Mile Road BY: Meridian Land Development Co. LLC LOCATION OF PROPERTY OR PROJECT: Portion of Section 11 T.3N R. 1W, B.M. Ada Counjy jim JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECL ION (PRELIM. & FINAL PLAT) ` CITY FILES OTHER: 1 YOUR CONCISE REMARKS: A ., City Clerk ,ty Treasurer .E., City Engineer AT, Water Works Supt. CROFT, Waste Water Supt. jMMERS, Parks Supt. ALES. P & Z Administrator NOLFKIEL. DMV Supervisor H W. BOWERS. Fire Chief ,ILL" GORDON, Police Chief AE G. CROOKSTON, JR., Attorney �a HUB OF TREASURE VALLEY - COUNCIL MEMBERS A Good Place t0 Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN HARLES M. C GLENN R. BENTLEYEE 33 EAST IDAHO please submit your comments and recommendation to 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 City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Annexation/Zoninp-/Preliminary Plat for Haven Cove Subdivisoin No. 7 - North of Pine Ave East of Ten Mile Road BY: Meridian Land Development Co LLC LOCATION OF PROPERTY OR PROJECT: Portion of Section 11 T.3N, R.1W B.M. Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT�,A ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH MAY 7 7 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT 1 -IT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: �. 17 YOUR CONCISE REMARKS: LL -ia c /or C. o-/ !7`1 ris _A�� MUD 4e q prk ,e OWMc, r-5 A sl (o <. F j'tAi- f .0 C4. � �t f 9MMr SUPERINTENDENT Dr. Bob L. Haley May 28, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Haven Cove No. 7 Subdivision Dear Councilmen: F,Ce%v F— JUN 0 3 1997 ITY Of MEMDIAi`, I have reviewed the plat for Haven Cove No. 7 Subdivision and find that it includes approximately 110 homes assuming a median value of $100,000. We also find that this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 30 elementary aged children, 26 middle school aged children, and 31 senior high aged students. This development will cause additional overcrowding in all three schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann SUBDIVISION EVALUATION SHEET��� x'97 Proposed Development Name HAVEN COVE NO, 7 City Meridian Date Reviewed 05/22/97 Preliminary Stage XXX Final Engineer/Developer Power Engr. / Meridian Land Development Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "N. CLARA AVE."',", VE."' "W FORECAST ST." "W. WAVE COURT" ' "W. CARLTON ST."�,' "W. STATE ST."'/ "W EBBTIDE ST." "W. PINE ST." " "N. HAVEN COVE AVE." \, "N. HAVEN COVE LANE" "N RODEO PLACE" is a duplication and cannot be used "W ROPER LN." is approved and may be used in this development The N/S street in phase 7 is aligned with "N. HAVEN COVE AVE." and shall carry the name "_N.HAVEN COVE PLACE". The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AOENCY R1501132SENTATIVES OR DESIGNEES S' Zz Ada County Engineer John Priester -- / Date Ada Planning Assoc. Ann Hurley Date - 2' 2. 'cl �— /„� City of Meridian Representative ��L Date �"�6-2- 97 Fire District Meridian Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N 1W 11 Section NUMBERING OF LOTS AND BLOCKS _110b TR\SUBS\SM_CITY.FRM f f CENTRAL CEN) RAL DISTRICT HEALTH DEPART MENT •• DISTRICT Environmental Health Division HEALTH �7�����;�1,..:'aetu� to: DEPARTMENT JUN 0 4 IQ07 ❑ Eagle Rezone # ITY OF +AERIDIAII: ❑ Garden city Meridian Conditional Use # ❑ Kuna relimina / Final / Short Plat V6� C°a r,/E ��y�//�/o,�/ ❑ 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. EC� 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,f9- central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -R central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: J�J-central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 010. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store S. S'b ,rr�-v� 2u O-oF-F SA -o L -.J rJ-1-0 A3S te Date: <S / .5 J/ 7 S w&L'C-7-tF r -mo n Dis c� /trc, iN 7a Reviewed By: BC'AS � (DHD 10/91 «b, rev. 1195 IN REPLY REFER TO: SRAOW-6113 United States Department of the Interior Meridian Planning City of Meridian 33 East Idaho Ave. Meridian ID 83642 BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 May 28, 1997 & Zoning Commission Subject: Review of Haven Cove No. 7 Preliminary Plat Dear Meridian Planning & Zoning: i-' The United States' Eight Mile Lateral Canal abuts the northwestern portion of this proposed development and bisects its southern portion. 1. The canal right-of-way is owned in fee by the United States. It is not an easement as indicated on the preliminary plat. The plat should be relabeled prior to final approval. 2. We are working with the developer to bring about the land ownership depicted on the plat. At this time, however, ownerships are as depicted on the enclosed drawing. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely Jerrold D. C Area Manager Enclosure cc: Nampa Meridian Irrigation District Tom Eddy. PLS, 290 North Maple Grove Road, Boise ID 83704 4 June 1997 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 J U 3 IQ97 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Annexation/Zoning/Preliminary Plat for Haven Cove Subdivision No. 7 Meridian Land Development Co. LLC Dear Commissioners: The Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the west portion of the project. The right-of-way of the Eight Mile Lateral is 60feet; 30 feet from the center each way. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the. Nampa & Met idian Irrigation District. Sincerely, 1 r lle=01st.'-Wate'r Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln CC.* File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 June 1997 Keith L. Jacobs Pacific Land Surveyors 290 North Maple Grove Road Boise, ID 83704 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Haven Cove No. 7 Sub Dear Keith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent John T. and Betty M. Eddy Glenn F. Blaser & Michael Campbel City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 June 18, 1997 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549209 Haven Cove Subdivision No. 7 Preliminary Plat by Meridian Land Development Co., L.L.C. Dear Mayor and City Council: This letter is in response to the comments by your staff on the preliminary plat of Haven Cove Subdivision No. 7. GENERAL COMMENTS 1. All existing irrigation ditches will be piped in accordance with City Ordinance Section 11- 0-9-605.M. The plans will be approved by the lateral users association and the approval letter will be submitted to the City of Meridian Public Works Department. 2. The existing wells and septic tanks that serve the residences on the property will be removed from domestic service according to City Ordinance Section 5-7-517. 3. The seasonal high groundwater will be established and a report written by a soil scientist will be submitted to the City of Meridian Public Works Department. 4. Five -foot -wide sidewalks will be constructed in accordance with City Ordinance Section 11-9-606.B. 5. The results of the hydraulic analysis for water service to this development is an essential part of the proposal. We wish to have a positive answer to this as soon as possible. 6. We will submit the letter from the Ada County Street Name Committee approving the subdivision and streets names. 7. The fire hydrant placement will be coordinated with the City of Meridian's Water Works Superintendent. PLS-BOI 58565 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation City of Meridian. June 18, 1997 Page 2 P 8. This project is not within the FEMA Flood Plain Boundaries as per FEMA Flood Plain Map Panel No. 231 Community Panel No. 160001 0231 C and Panel No, 250 Community Panel No. 160001 025C dated 1991. 9. This letter is in response to the comments contained in the memorandum dated June 13, 1997. Ten copies of the revised Preliminary Plat Map will be submitted to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1: The legal description for annexation/zoning will be revised to include the Eight Mile Lateral right-of-way which is not already annexed into the City. 2. The developer will obtain easements and construct the sewer mains to and through this proposed development including a dry line sewer in Pine Avenue. The main size and route will be coordinated with the City of Meridian Public Works Department. 3. The clearance between the top of the sewer pipe and the flow of the Eight Mile Lateral is 9 inches. Special consideration will be given to the design of that crossing. The crossing design will be coordinated with the Bureau of Reclamation and Nampa &. Meridian Irrigation District. 4. The water service to this project will be via existing mains installed in prior phases of this development. The developer will construct the water mains to and through this proposed development, and the main sizing and routing will be coordinated with the City of Meridian Public Works Department. 5. The Preliminary Plat Map will be revised to show all adjacent land use and zoning on all k properties surrounding this development. 6. A variance has been requested for Lot 40, Block 9 and Lot 8, Block 13 since these lots do not meet the minimum 80 -foot frontage required. Lot lines for Lot 4, Block 16 and Lot 46, Block 11 will be adjusted in order for the lots to comply with the minimum 80 -foot frontage requirement. Lot 38, Block 16 does meet the minimum 40 -foot frontage requirement for a cul-de-sac lot (32.46 feet plus 10.06 feet equals 42.52 feet). 7. A rear lot setback variance has been requested for Lot 4, Block 16 for the existing house on that lot. The house setback from the existing Pine Street right-of-way is 41.3 feet. PLS -SOI 58,565 City of Meridian Julie 18, 1997 Page 3 The additional right-of-way dedication for Pine Street and the 20 -foot wide required landscape lot will reduce the setback to approximately 5 feet. 8. We think that at the end of N. Carla Pl. is the best location to end the block length. Therefore, we are asking for a variance. We will work with the City to construct a pedestrian bridge over Eight Mile Lateral and pay one-half the cost. The existing ingress egress easement was established for the access of the existing residence. I do not believe that it can be used for public pedestrian usage. I think the property owner whose property the easement goes through will object. 9A. We are proposing to develop the R-15 zone under a conditional use process. If it is developed as single-family, there may be two-story homes built. 9B. The proposed 3.5 foot easements for each side of the Eight Mile Lateral adjacent to this project may not have the support of the City; however, Nampa & Meridian Irrigation District will not approve this project without it. We would be happy to reduce the easement to 53 feet. 10. We will remove the arrows on all lots except Lot 20 and Lot 34, Block 16; Lot 45, Block 11; Lot,24, Block 12; and Lot 9, Block 13. 11. We will correct the description of the survey monument located at the intersection of Pine Avenue and Ten Mile Road to read "1/4 corner". 12. The developer will provide 250- and 100 -watt high pressure sodium street lights at the locations designated by the City of Meridian Public Works Department. 13. Notes 4, 8 and 14 will be added or revised as indicated. 14. The street signs will be in place, the water system will be approved and activated, the fencing installed, the pressurized irrigation system will be approved and activated, and the road base will be approved by Ada County Highway District prior to obtaining any building permits. 15. Six -foot -high, permanent, non-combustible fencing will be installed along both sides of the Eight Mile Lateral and will not permit structural encroachment of the common lot. The 53 -foot -wide area designed on the plat is not owned by the developer, it owned by the United States of America. We do not know how we can include this as a lot. A six-foot high perimeter fence will be provided adjacent to adjacent properties that are not a part of a recorded subdivision and will be in place prior to applying for building permits. The PLS-BOI 58565 City of Meridian June 18, 1997 Page 4 developer will provide bonding for the improvements prior to obtaining signatures on the final plat. 16. A detailed landscape plan for the common areas will be submitted for review and approval prior to submittal of the final plat map. The developer will provide a letter of credit or cash surety for the improvements prior to signature on the final plat. 17. A development agreement will be provided. 18. We will work with the City of Meridian and the Fire Department to design a turnaround that will be acceptable. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. John T. (Tom) Eddy, L. S. JTE:smg PLS-BOI 5856 p MERIDIAN PLANNING & ZONING COMMISSION MEETING: July 8,1997 APPLICANT: MERIDIAN LAND DEVELOPMENT CO. AGENDA ITEM NUMBER: 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING TO R-4 & R4 5 AGENCY 'COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: , ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: 3� US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: e t LL E OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN LAND DEVELOPMENT CO. L.L.C. APPLICATION FOR ANNEXATION AND ZONING HAVEN COVE NO. 7 SUBDIVISION A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4, SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO NORTH OF PINE STREET WEST OF LINDER 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 18, 1997, at the hour of 6:00 o'clock p.m., the Applicant appearing through its representative, Charles Eddy, 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 18, 1997, the first publication of which was fifteen (15) days prior to said hearing; that thb matter was duly considered at the June 18, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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 29.14 acres in size. 3. The Applicant is not the record owner of the property; however, the record owners, John T. Eddy and Betty M. Eddy, 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 Applicant requests a portion of the property, approximately 25.34 acres, be zoned (R-4), Low Density Residential District, and the remaining portion of the property, approximately 3.04 acres, be zoned (R-15) Medium High 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 Haven Cove No. 7 Subdivision. 6. The property is located on the north side of Pine Street and south of Linder Road. The property is currently bounded on three sides by residential developments; Haven Cove No. 4 to the north, Haven Cove No. 5 and No. 6 to the east, and Morning Glory Subdivision along the south side of Pine Street. The property adjoins the city limits of the City of Meridian. 7. The Applicant requests (R-15) Medium High Density Residential District of approximately 3.04 acres due to the unusual shape of the parcel caused by the Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 8. The Applicant's representative, Charles Eddy, testified and explained substantially as follows. The application is for the annexation and zoning of approximately 28.38 acres located at 2630 and 2930 West Pine. For as long as he can recall, the property has been used for agricultural purposes. The parcel to the north of the property, Haven Cove Subdivision No. 4, is zoned R-4. The parcels to the east, Haven Cove Subdivisions No. 5 and No. 6, are zoned R-4. The parcels to the southwest are currently zoned RT and are used for agricultural purposes. The Applicant is requesting annexation of the property with a portion zoned R74 and the remaining portion zoned R-15. The R-15 zoning applies to approximately 3.04 acres of the southwestern portion of the property. The Eight Mile Lateral, which bisects the property in a northwesterly direction, splits off the approximate 3.04 acres. The Applicant proposes 80% of the development consist of single family residential and the remaining 20% consist of townhouses. The portion of the property which would be single family residential would contain public streets with 50 feet wide right- of-ways and 37 feet back to back curb improvements. The approximate 3.04 acres zoned R-15 would consist of townhouses with a private street to be owned and maintained by the homeowners association. The Applicant plans to meet all of the minimum standards for house size and lot size. The Applicant has, however, submitted an application for a variance on the following items. There are two lots that do not meet the minimum of 80 feet of frontage; namely Lot 40, Block 9 and Lot 8, Block 13. In FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN LAND DEVELOPMENT CO. L.L.C. accordance with the Applicant's letter to the City Council, Lot 40, Block 9 has 40.08 feet of frontage, which is at the right-of-way line. The 80 feet of frontage occurs at 42 feet from the right-of- way line. The total depth of Lot 40, Block 9 is 140 feet and the lot area is 13,206 square feet. Lot 8, Block 13 has lot frontage of 68.59 feet at the right-of-way line. Twenty seven feet from the front lot line is the location of the 80 feet frontage. The depth of Lot 8, Block 13 is 99 feet with a total lot area of 8,330 square feet. The Applicant is also requesting a setback variance on an existing house, which is located on Lot 4, Block 16. The builders of the home in the 1930's did not have the foresight to know that the road would be widened to 66 feet. Consequently, the increased width of West Pine Street and the 20 feet of additional landscaping width which is required by the City's ordinance causes the setback to be reduced to 13.3 feet. This 13.3 feet of setback is less than the 15 feet minimum. With reference to the general comments of City staff, the general comments, Items 1 through 9, are accepted as stated. With regard to item 3 of the site specific comments of City staff, the preliminary engineering drawings incorrectly provided nine feet of clearance between the top of the sewer pipe and the bottom of the Eight Mile Lateral. This clearance should be nine inches. With reference to item 6 of the site specific comments, excepting the matters for which the Applicant seeks the variances, lot lines for Lot 4, Block 16 and Lot 46, Block 11 will be adjusted to meet the minimum frontage of 80 feet. City staff commented that Lot 38, Block 16 did not meet the minimum frontage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 40 feet on the chord which is required for a culdesac. If one added the 32.46 feet and the 10.06 feet on the tangents, the sum is 42.52 feet which is in excess of the minimum requirement of 40 feet. The comment at item 7,' concerning the rear setback, was previously addressed and explained. With reference to item 8 of the comments, the main reason for the block length being greater than 1,000 feet is the existence of a house at 2930 West Pine. The Applicant had to accommodate this house in order to place the streets, and, consequently, the block length is greater than 1,000 feet. Staff commented that the bridge, presently used to access the house, be used as a pedestrian access after the subdivision is completed. The Applicant does not presently believe this is a viable option. The existing ingress/egress easement that serves this house only provides for access to that house and not for use by the general public. Also, safety issues are present given the current condition of the bridge. With reference to the two item nines, the Applicant will proceed through a conditional use process for the R-15 zoned property and the proposed townhouses. The Nampa & Meridian Irrigation District requested the Applicant provide to it an additional 3.5 feet of right-of-way on each side of the current 53 feet right-of-way for the Eight Mile Lateral. Although the Applicant appreciates the staff's recommendation that it not grant the District such additional right-of-way, it has incorporated such request into the design and have agreed orally to expansion. The remainder of the staff's site specific comments are accepted as stated with no problems. The Eight Mile Lateral is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN LAND DEVELOPMENT CO. L.L.C. very large. The Applicant anticipates that if it were tiled, the necessary pipe would be 84 inches by 56 inches. In the past the City's policy has been not to require tiling of ditches which would require a pipe over 48 inches. Accordingly, the Applicant requests that it not be required to tile the Eight Mile Lateral, but to fence it in conformance with the subdivision ordinance. 9. In response to questions of Commissioner MacCoy, the Applicant's representative, Charles Eddy, testified substantially as follows. The Applicant's request for the R-15 zoning on a portion of the property is based upon several things. First the parcel is oddly shaped and it is difficult to derive an aesthetically pleasing design for single family residential on the 'particular part of the property. Second, the Applicant felt that because of the natural break of the Eight Mile Lateral, the lateral would provide a natural buffer between the single family residential portion of the property. Based upon discussions with City staff, it was felt that this part of the property would be a good location for a townhouse type of development. Although the Applicant has a better idea of the type of building which would be constructed, generally, the buildings would be two story. With regard to fire access in the R-15 portion of the property, the Applicant has had discussions with the Meridian Fire Department. As depicted on the 11" x 17" plat map submitted at the hearing, an island is provided which allows a turn around for the fire trucks. The depth from the turn around to the southerly portion of the private drive, in his layman opinion,' is sufficient for fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN LAND DEVELOPMENT CO. L.L.C. access. His experience has been that 15.0 feet maximum area is generally accepted; however, if the area is not acceptable to the Fire Department the Applicant would redesign the area to meet the Department's standards. 10. Ben Jepson testified substantially as follows. He and his wife own the property directly west of the proposed R-15 zoned property. His first concern is the Rutan Lane, which is used for access to the house on the property. There exists a stub street in the area to provide access to future development. Rutan Lane is on k' his property, and after the property is developed he does not want people from the developed subdivision using the lane to access Pine Street. After the property is developed, he prefers that the easement right-of-way be released, and access on Rutan Lane blocked to prevent access from the subdivision development. Another concern is the depth of the sewer across the Eight Mile Lateral. He desires the sewer line crossing the Eight Mile Lateral be buried deep enough to allow the line to be used by his property when it is developed in the future. Another concern is the open earthen ditch along the south edge of the Eight Mile Lateral, which provides irrigation water to his property and several other properties adjacent to his property. He desires the ditch to be tiled properly, and the pipe have sufficient capacity to allow the use of additional water if such exists. His largest concern is the R-15 zoning of a portion of the property. He understands that the Comprehensive Plan identifies the property as R-4 zoning. The homes west of the property are single story/single family FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN LAND DEVELOPMENT CO. L.L.C. residences. He is concerned that the R-15 zoning would allow tall structures. He is further concerned about traffic, noise and congestion arising from the R-15 zoning. He prefers the entire property be zoned R-4 if possible, because such zoning would blend in with the existing homes in this area. 11. Dave Fuller testified substantially as follows. He owns property adjacent to Ben Jepson. His largest concern is the stub street and the potential access from the development to the west. He believes a lot should be taken out and a bridge constructed over the Eight Mile Lateral. He would prefer single family residential dwellings rather than townhouses. He believes the neighbors in the area also prefer single family residences to townhouses. He recognizes that his property will be developed in the future, but he desires to maintain a mixed development in the area. The R-15 zoning will precipitate further R-15 development in the area. He does not think the plan, in light of the future development of ` property to the west, is good. The issue of traffic is also a concern. The speed of the traffic on Ten Mile is in excess of the speed limit. He also wants the sewer line to be buried deep enough so it may be used in the development of his property in the future. 12. Don Bailey testified substantially as follows. He is curious of the City's ability to provide water and sewer to the properties being annexed into the City, including this property. 13. In response to the testimony of Mr. Bailey, the City Engineer, Gary Smith, commented as follows. The City's water and sewer system are continually in the process of expansion as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN LAND DEVELOPMENT CO. L.L.C. result of the growth the City has experienced. Each year, at least two wells are drilled to supplement the water supply, and a new two million gallon water storage tank is being designed to supplement the City's storage. This storage tank will be built this year, 1997. The City is presently constructing a new primary clarifier at the waste water treatment plant. The City is designing an expansion of the aeration basin. When the aeration basin is constructed, within the next year, the City will have a sewer treatment plant with a capacity of four million gallons per day. The present demand on the sewer treatment plant, based upon an average daily basis, is 2.78 million gallons per day. The City is presently catching up to the growth, and will be ahead of the growth with the foregoing construction and improvements. 14. The Applicant's representative, Charles Eddy, further testified substantially as follows. With regard to Ben Jepson's comments, as part of Ada County Highway District's requirements for the stub street that stops at the bridge, barricades will be constructed to prevent public access from the developed subdivision onto Rutan Lane. In conformance with the Nampa & Meridian Irrigation District's and the City's policies, the Applicant will tile the ditch coursing through the 3.04 acres for which the R-15 zone is requested. The ditch will be tiled in accordance with applicable standards. With regard to the comments of Dave Fuller, the Applicant would be willing to examine any of Mr. Fuller's working drawings to determine whether the installation of the sewer in the property can be designed to tie into Mr. Fuller's property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN LAND DEVELOPMENT CO. L.L.C. in the future. However, he does not believe such is feasible due to the lay of the land. 15. Glen Blaser, a member of the Applicant, testified substantially as follows. The Applicant is doing its best to address and resolve the issues concerning drainage and the other requirements imposed on the proposed development. The portion of the property, for which the Applicant seeks an R-15 zoning, is a prime piece of land. The Applicant desires a little more latitude in the development of that portion of the property. The Applicant wants to develop that part of the property with a nice aesthetically pleasing development. Heanticipates the construction of buildings which appear as large houses, but two families live in each building, with lawns. He does not presently have the specific details for what will be constructed on the property;` however, whatever the Applicant comes up with will be brought back before the City for review and approval through the conditional use process. He has experienced that the people who live in a townhouse type of development are retired couples, who desire low maintenance type of landscaping. 16. Commissioner MacCoy commented as follows. He believes the R-4 zoning of the portion of the property, for which the Applicant seeks R-15, would be nice. He does not like the close proximity of houses as has been developed recently; he prefers space amongst the houses. He is concerned with the zoning and development of property to the west being R-15. However, he also recognizes the economics of development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 17. In response to the comments of Commissioner MacCoy, Glen Blaser, a member of the Applicant, testified substantially as follows. He appreciates the comments of Commissioner MacCoy and will entertain such comments in the pursuit of developing the property. The Applicant has had inquiries from individuals seeking to purchase the property, and the Applicant would sell that portion of the property if it in fact had a buyer. However, at this point in time, the Applicant desires flexibility for the development of that portion of the property. 18. Commissioner Smith commented as follows. He too does not believe the R-15 zoning is appropriate for the portion of the property which the Applicant seek R-15 zoning. The Applicant may have to purchase adjacent property to make the area of property larger and to achieve the flexibility it desires. With regard to the Eight Mile Lateral acting as a buffer area, he does not believe such is consistent with the intent of a buffer zone. Buffer zones are transitional zones between higher density and lower density developments. He would like to see grouped open space that scattered open space in the proposed development. The smaller areas are less conducive to use than are larger areas. He would like the Applicant to consider other alternatives, rather than proceeding with the R-15 zoning. 19. In response to the comments of Commissioner Smith, Glen Blaser, a member of the Applicant, testified substantially as follows. The Applicant's intentions are to acquire flexibility in the development of this small portion of the property, not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN LAND DEVELOPMENT CO. L.L.C. necessarily to construct cheap buildings. The Applicant's objective is to construct aesthetically pleasing structures and make this portion of the property nice in appearance. The Applicant is pursuing different ideas to achieve this objective. 20. In response to questions of Commissioner Borup, Glen Blaser testified substantially as follows. He visualizes constructing residences which appear as one large house from the outside, but in which several families live. He visualizes nice housing in which retired couples, older couples, young married couples would live. He does not visualize a line of garage doors. The garages would be located underneath or to the side of the buildings. However, he is relying upon architects to create aesthetically appealing buildings. 21. Dave Fuller further testified substantially as follows. His concerns focus upon traffic, condominium development, a bridge crossing, the location and depth of the sewer line, the irrigation ditch, and prohibiting the use of Rutan Lane. However, his primary concern is tying the development of the property into the development of the adjacent property to the west. He desires Lot 35 should be eliminated to allow a connection to the property to the west for future development purposes. 22. In response to the further testimony of Dave Fuller, the Applicant's representative, Charles Eddy, testified substantially as follows. Mr. Fuller is correct that Lot 35 is not a buildable lot; however, as provided on the preliminary plat for the development, Lot 35, Block 9 is designated as a storm drainage and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN LAND DEVELOPMENT CO. L.L.C. recreation lot. The proposed plan conforms with the recommendations and requirements of the Ada County Highway District. If the Ada County Highway District requests something different, the Applicant would certainly examine such request. 23. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The prior stub street recommendations were to accommodate sewering the property; however, the property is to be sewered through other methods. The property is sewered by moving to the north, rather than the west. With regard to development of property to the west, the depth of the sewer lines running east and west are at the minimum depth for sewer lines. The sewering of the property must meet with Haven Cove's depth. Consequently, the sewer lines are at the minimum depth. With regard to the proposed density of the property for which the Applicant seeks an R-15 zoning, there are, 15 building lots and 3.04 acres; thus, five dwellings per acre. 24. 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 F set forth in full. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Applicant has submitted a variance application for tiling of the Eight Mile Lateral; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MERIDIAN LAND DEVELOPMENT CO. L.L.C. b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; C. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; d. The Applicant is to provide five feet wide sidewalks in accordance with City Ordinance Section 11-9-606 B; e. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, and make any corrections necessary to conform; g. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent; h. The Applicant is to indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries; and i. The Applicant is to respond, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. The Applicant is to submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Their site specific comments included the following: a. The legal descriptions submitted with the application for annexation/zoning/preliminary plat need to be revised to include one half of the Eight Mile Lateral right-of-way. By following this convention, the properties will abut each other and the parcel annexed March 15, 1994 by Vickie Welker as Ordinance 633, which is located on the opposite side of Eight Mile Lateral near the westerly boundary; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MERIDIAN LAND DEVELOPMENT CO. L.L.C. b. Sanitary sewer service to this site will be via existing mains installed in prior phases of this development, and by a new main to be installed along the Eight Mile Lateral, to the existing main in Ten Mile Road. The Applicant will be responsible to obtain easements, and to construct the sewer mains to and through this proposed development, which includes the installation of a dry line sewer in Pine Avenue. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lanes on the south and west sides of the centerline; C. The sewer plan/profiles submitted with this application show a sewer main is proposed to cross under the Eight Mile Lateral near the northernmost corner of the R-15 site. The profiles state that there is nine feet of clearance from the top of the sewer pipe to the flow line of the lateral. The clearance more than likely should have been stated as nine inches. Special consideration needs to be given to the design and construction of this crossing; d. Water service to this site will be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department; e. The Applicant is to revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development; f. Lot 40, Block 9; Lot 8, Block 13; Lot 4, Block 16; and Lot 46, Block 11 do not appear to meet the minimum 80 feet frontage required in an R-4 Zone, and Lot 38, Block 16 does not appear to meet the minimum 40 feet frontage requirement for a cul-de-sac lot in an R-4 Zone. The Applicant has applied for a variance on Lot 40, Block 9, and Lot 8, Block 13, only; g. The Applicant has also requested a variance from the 15 feet rear yard setback requirement for the existing house sitting on Lot 4, Block 16; h. Block 16 exceeds 1,000 feet in length. There is an existing bridge at the end of the proposed N. Carla Place, but it does not meet Ada County Highway District standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MERIDIAN LAND DEVELOPMENT CO. L.L.C. but it is unknown if the easement applies once a subdivision has been built. The Applicant has submitted a variance request for the block length. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway; i. The Applicant is proposing an R-15 zone adjacent to an existing rural residential property to the west which is still in the County. The resident of the property is understandably concerned about the higher density and two-story buildings that are proposed next to the home. While higher densities along major transportation corridors should be considered by the City, consideration must also be given to the existing residents. Buffering for this use will be hard to attain. If R-15 is approved at the location proposed, development should only be approved under the conditional use permit process; j. Several lots unnecessarily have the arrow symbol depicting the front lot line, unless the developer wants to restrict to orientation of the houses on these lots (Lot 38, Block 9, Lots 25, 26, 32 and 34, Block 16, Lots 30, 31 and 42, Block 11, Lot 10, Block 13). The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that does not meet the minimum frontage required by the particular zone, or when there is concern with aesthetics, such is the case with Lot 20, Block 16; k. The Applicant is to correct the description of the survey monument located at the intersection of Pine Avenue and Ten Mile Road to read "1/4 Corner" instead of 1/16 Corner; 1. 250 and 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the Applicant's expense. Typical locations are at street intersections and/or fire hydrants; M. The Applicant to please add or revise the following notes: (4.) Revise second part because the five feet wide easement is only applicable if the boundary line is a side lot line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MERIDIAN LAND DEVELOPMENT CO. L.L.C. (8.) This note is only applicable to an R-4 zone. Add minimum square footage for the R-15 zone or the schedule of square footage distribution as allowed in that zone, or as approved by the City Council as a condition of annexation and zoning. (14.) Add Lot 3, Block 26 to the list of lots owned and maintained by the homeowners association. n. Street signs are to be in place, water system shall be approved and activated, fencing installed, pressurized irrigation system approved and activated, and road base approved by the Ada County Highway District prior to any building permits being used; o. The Applicant is to install six feet high, permanent, non-combustible fencing along both sides of the Eight Mile Lateral and permit no structural encroachment of the common lot. The 53 feet wide area should be designated as a separate lot on the plat. Also provide permanent, six feet high perimeter fencing adjacent to adjacent properties that are not part of a recorded subdivision. Fencing is to be in place prior to applying for building permits. Bonding for the improvements will be required prior to signature on the final plat. p. A minimum 20 feet wide common area planting strips are required adjacent to Pine Street. A detailed landscape plan for the common areas shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. q. A development agreement is required as a condition of the annexation of this property. r. The Applicant is to consider the design modification shown on the map included in their comments. It would help to reduce the sea of asphalt look, and also direct the traffic around the corner a little better. The map included in their comments is hereby incorporated as if presented in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 25. The Meridian Police Department submitted comments, which comments are incorporated herein as if set forth in full. 26. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full; that the entire area set aside for the City of Meridian and area the homeowners association will maintain will need to be kept clear of trash and weeds, that all street name signs will need to be installed before building is started, and that it is not sure what kind of turn arounds the Applicant is putting in the area of the R- 15 zoning. 27. The Nampa & Meridian Irrigation District submitted comments, which comments are incorporated herein as if set forth in full and included the following: a. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the west portion of the project. The right-of-way of the Eight Mile Lateral is 60 feet; 30 feet from the center each way; b. The Applicant must contact the District for approval before any encroachment or change of right-of-way occurs; C. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting; d. All laterals and waste ways must be protected; e. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans; f. The Applicant must comply with Idaho Code Section 31-3805; and g. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MERIDIAN LAND DEVELOPMENT CO. L.L.C. .28. The United States Department of the Interior, Bureau of Reclamation, submitted comments on this application, which comments are incorporated herein as if set forth in full. Its comments provided in part: The United States' Eight Mile Lateral Canal abuts the northwestern portion of this proposed development and bisects its southern portion. 1. The canal right-of-way is owned in fee by the United States. It is not an easement as- indicated on the preliminary plat. The plat should be relabeled prior to final approval. 2. We are working with the developer to bring about the .land ownership depicted on the plat. At this time, however, ownerships are as depicted on the enclosed drawing. The drawing accompanying its comments is hereby incorporated herein as if presented in full. 29. 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 seepage beds. 30. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MERIDIAN LAND DEVELOPMENT CO. L.L.C. submitted shall be incorporated herein as if set forth in full when submitted. 31. Joint School District No. 2 submitted comments on this application, which comments are incorporated herein as if set forth in full. Its comments provided in part: I [Jim Carberry] have reviewed the plat for Have Cove No. 7 Subdivision and, find that it includes approximately 110 homes assuming a median value of $100,000.00. We also find this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and Meridian High School. Using the above information �we'can predict that these homes, when completed, will house 30 elementary aged children, 26 middle school aged children, and 31 senior high aged students. This development will cause additional overcrowding in all three schools. The cost per student for newly constructed schools; excluding site ,purchase price andoffsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. 32. There were no other comments by the public regarding this application. 33. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 34. The property is in an area -designated on the Generalized "Use Map of the Meridian Comprehensive Plan as a single family residential area. In the Comprehensive Plan property inside the 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MERIDIAN LAND DEVELOPMENT CO. L.-L.C. Urban Service Planning Area may developed at greater densities than one dwelling unit per acre. 35. 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. 36. 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. 37. 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. 38. 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-4) 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. 39. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 1., all new single-family detached housing in the (R-4) Low Density Residential District shall be constructed to contain at FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MERIDIAN LAND DEVELOPMENT CO. L.L.C. least 1,400 square feet of living space of which the garage is not included in determining the square footage of living space. 40. The R-15, Medium High Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 5 as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwellings units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 46. In the Meridian Comprehensive Plan under TRANSPORTATION, Functional Classification Definitions, Collectors, provides that Pine, Ten Mile to Locust Grove is a collector within the Meridian Urban Service Planning Area. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 44. 47. Section 11-2-411 D of the Zoning and Development Ordinance provides in relevant part: 2. All new single-family detached housing in Zones R-8 and R-15 shall be constructed to contain at least one thousand three hundred one (1,301) square feet of living space (garage not to be included in determining living space) unless there is dispersed among the new residential development houses of varying sizes. The following schedule shall set the percentages and accompanying sizes that shall exist in all new residential developments in the above two (2) zone districts of R-8 and R-15, except for those containing houses, all of which will contain one thousand three hundred one (1,301) square feet or more. The below schedule is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. MERIDIAN LAND DEVELOPMENT CO. L.L.C. minimum schedule and houses of larger sizes may occupy a larger percentage than set forth below: a. No single-family detached houses may be constructed in an R-8 or R-15 residential development which are less than one thousand (1,000) square feet; b. Ten percent (10%) of the single-family detached houses in an R-8 or R-15 development may be between one thousand one (1,001) square feet and one thousand one hundred (1,100) square feet; C. Fifteen percent (15%) of the single-family detached houses in an R-8 or R-15 development may be between one thousand one hundred one (1,101) square feet and one thousand two hundred (1,200) square feet; d. Twenty five percent (25%) of the single family detached houses in an R-8 or R-15 development may be between one thousand two hundred one (1,201) square feet and one thousand three hundred (1,300) square feet; e. Fifty percent (50%) of the single-family detached houses in an R-8 or R-15 development may be larger than one thousand three hundred one (1,301) square feet. 3. All single-family detached houses in the R-8 or R- 15 districts below one thousand three hundred one (1,301) square feet shall be interspersed uniformly through the entire development. 4. All single-family detached dwelling houses in all residential districts which have multi -stories shall have a minimum of eight hundred (800) square feet of living space on the ground floor. 48. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, 112. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. MERIDIAN LAND DEVELOPMENT CO. L.L.C. range of affordable housing opportunities. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 49. The following pertinent statement is made in the Meridian p Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c..- Within .: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. s COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 50. 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. z 51. The following .pertinent statements. are made in the I 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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. 52. 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. n 53. With regard to this application, Planning and Zoning Administrator, Shari Stiles, and Assistant to' the City Engineer, Bruce Freckleton,, made the specific comments that if the R-15 zoning request is approved at the location proposed, development of that part of the property should only be approved under the conditional use permit process, and the annexation of the property should be conditioned'upon a development agreement. 54. In e1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current 4 residents to accommodate the proposed subdivision. 55. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 25. MERIDIAN LAND DEVELOPMENT CO. L.L.C. moving into the City of Meridian. The City pf 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. 56. 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. 57. 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 area; the pedestrian easement shall be at least ten feet (10') r wide." 58. Section 11-9-605 Ordinance provides in part: 5 G of the Zoning and Development Planting strips . . . shall conform to the following: 1. PlantingStrips- Planting strips shall be required to be.placed next to incompatible features such as highways, railroads, commercial or industrial uses FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. MERIDIAN LAND DEVELOPMENT CO. L.L.C. to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or,utility easement; . . . . 59. Section 11-9-605 H 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; 60. 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,,trarisportation rights of way or water rights of way.. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi -improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in"conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and FINDINGS OF FACT AND CONCLUSIONS OF LAW'- Page 27. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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. 61. Section 11-9-605 L of the Zoning and Development Ordinance provides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada "county (sic] Highway District) when reviewing bicycle and pedestrian pathway "provisions within developments. 62. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: y 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. 63. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; re including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. MERIDIAN -LAND DEVELOPMENT CO. L.L.C. 2. The City of Meridian has authority to annex land pursuant' to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended,. and the record submitted to it and things of which it -may take judicial notice. 4. There has been compliance with all notice, and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon, the annexation of land. See Burt vs. The 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 FINDINGS OF FACT AND CONCLUSIONSFOF LAW - Page 29. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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 1� 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 11 be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of a portion of the property as (R-4) Low Density Residential District and'a portion of the property as (R-15) Medium High Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. As a further -condition of annexation and the zoning of the portion of the property as (R-15) Medium High Density Residential District, said portion of property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. MERIDIAN LAND DEVELOPMENT CO. L.L.C. shall be developed under the conditional use process. The development agreement- applicable to the entire property 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; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 10 M. The sewer and water requirements; n. Traffic plans and access into andout of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with -the Rural Area policies. 14. The development of a portion of the property as a (R-4) Low Density Residential District and the other portion of the property as a (R-15) Medium High 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, unless a variance shall be granted, and if not so tiled, the property shall be subject to -de -annexation. FINDINGS OF FACT AND CONCLUSIONS"OF LAW - Page 32. MERIDIAN LAND DEVELOPMENT CO. L.L.C. 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, andresolve 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 a portion of the property as (R-4) Low Density Residential District and the other portion as (R-15) Medium High 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 33. MERIDIAN LAND DEVELOPMENT CO. L.L.C. APPROVAL OF TINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning., Commission of the yCity of Meridian hereby adopts,and approves these Findings of Fact and Conclusions of s Law. ROLL CALL m COMMISSIONER BORUP , VOTED COMMISSIONER MANNING VOTED ''tt COMMISSIONER MACCOY p VOTED N F_ COMMISSIONER.,SMITH VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED f .gip. W anti b M FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34. MERIDIAN }LAND .DEVELOPMENT CO. L.L.C.° s. e 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Letter of Transmittal June 18, 1997 To: Mr. Will Berg RECEIVED City Clerk City of Meridian , U N 18 1997 33 East Idaho Avenue OF MERIDIAN Meridian, Idaho 83642 Subject: 549209 Haven Cove Subdivision No. 7 Enclosed are the following items: document date::; Co ies _ D§cri tion .. 1 ea. Letter answering City of Meridian's comments These are transmitted: ❑ For your ❑ For action 0 For review ❑ For your use ❑ As requested information specified below and comment Sincerely, PACIFIC LAND SURVEYORS A division POWER Engineers, Inc. C John T. (Tom) Eddy, JTE/sing Enclosure(s) Sent Via: Delivered cc: Ms. Shari Stiles, Planning Administr for Mr. Gary Smith, City Engineer BOI 58566 pacific Land Surveyors, are s on Of pjR?� ' please ?otifyn Idah�Corporation 1 A I 290 North Maple Grove Road Boise,. ID 83704 (208) 378-6380 Fax(208)378-0025 June 18, 1997 Mayor and'City Council City of Meridian 33 East -Idaho Avenue w t - , Meridian, Idaho 83642 01 Subject: 549209 Haven Cove Subdivision No. 7 t Preliminary Plat by Meridian Land Development Co., L.L.C. Dear Mayor and City Council: 1, a 3 This letter is in response to the comments by your staff on the preliminary plat of Haven Cove Subdivision No. 7. GENERAL COMMENTS 4, 1. All existing irrigation ditches will be piped in accordance with City Ordinance'. Section,I I- 0-9-605.M. The plans will be approved by the lateral users association and the.approval letter will be submitted to the City of Meridian Public Works Department:• 2. The existing wells and septic tanks that serve the residences on the property will be removed from domestic service according,to City Ordinance`Section 5-7-517. , 3. The seasonal high groundwater will be established and a report written by a soil. scientist. will be submitted to the City of Meridian Public Works Department. 4. Five -foot -wide sidewalks will be constructed in, accordance with City.,, Ordinance Section 11-9-606.B. 5. The results of the hydraulic analysis forwateriservice to this development,, Js an essential part of the proposal. We wish .to have a positive answer to this as soon as'possible. I 6. We will submit the letter: from the Ada County Street Name Committee approving, the subdivision and streets names. 7. The fire hydrant placement will be coordinated --with the City of Meridian's Water Works Superintendent. PLS -B01 58565 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation highperimeterfence will be provided adjacent to adjacent properties that are not a a recorded subdivision and will be in place prior to applying for building permits BOI 58565 The City of Meridian June 18, 1997 Page 2 8. This project is not within the FEMA Flood Plain Boundaries as per FEMA Flood Plain Map Panel No. 231 Community Panel No. 160001 0231C and Panel No. 250 Community Panel No. 160001 025C dated 1991. 9. This letter is in response to the comments contained in the memorandum dated June 13, 1997. Ten copies of the revised Preliminary Plat Map- will be submitted to the City Clerk's Office a minimum of one week prior to the hearingby the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal description for annexation/zoning will be revised to include the Eight Mile Lateral right-of-way which is not already annexed into the City. 2. The developer will obtain easements and construct the sewer mains to and through this proposed development including a dry line sewer in Pine Avenue. The main size and route will be coordinated with the City of Meridian Public Works Department. 3. The clearance between the top of the sewer pipe and the flow of the Eight Mile Lateral is 9 inches. Special consideration will be given to the design of that crossing. The crossing design will be coordinated with the Bureau of Reclamation and Nampa & Meridian Irrigation District. 4. The water service to this project will be via existing mains installed in prior phases of this development. The developer will construct the water mains to and through this proposed development, and the main sizing and routing will be coordinated with the City of Meridian Public Works Department. 5. The Preliminary Plat Map will be revised to show all adjacent land use and zoning on all properties surrounding this development. 6. A variance has been requested for Lot 40, Block 9 and Lot 8, Block 13 since these lots do not meet the minimum 80 -foot frontage required. Lot lines for Lot 4, Block 16 and Lot 46, Block 11 will be adjusted in order for the lots to comply with the minimum 80 -foot frontage requirement. Lot 38, Block 16 does meet the minimum 40 -foot frontage requirement for a cul-de-sac lot (32.46 feet plus 10.06 feet equals 42.52 feet). 7. A rear lot setback variance has been requested for Lot 4, Block 16 for the existing house on that lot. The house setback from the existing Pine Street right-of-way is 41.3 feet. PLS-BOI 58565 City of Meridian June 18, 1997 Page 3 The additional right-of-way dedication for Pine Street and the 20 -foot wide required landscape lot will reduce the setback to approximately 5 feet. 8. We think that at the end of N. Carla P1. is the best location to end the block length. Therefore, we are asking for a variance. We will work with the City to construct a pedestrian bridge over Eight Mile Lateral and pay one-half the cost. The existing ingress egress easement was established for the access of the existing residence. I do not believe that it can be used for public pedestrian usage. I think the property owner whose property the easement goes through will object. 9A. We are proposing to develop the R-15 zone under a conditional use process. If it is developed as single-family, there maybe two-story homes built. 9B. The proposed 3.5'foot easements for each side of the Eight Mile Lateral adjacent to this project may not have the support of the City; however, Nampa & Meridian Irrigation District will not approve this project without it. We would be happy to reduce the easement to 53 feet. 10. We will remove the arrows on all lots except Lot 20 and Lot 34, Block 16; Lot 45, Block 11; Lot 24, Block 12; and Lot 9, Block 13. 11. We will correct the description of the survey monument located at the intersection of Pine Avenue and Ten Mile Road to read "1/4 corner". 12. The developer -will provide 250- and 100 -watt high pressure sodium street lights at the locations designated by the City of Meridian Public Works Department. 13. Notes 4, 8 and 14 will be added or revised as indicated. 14. The street signs will be in place, the water system will be approved and activated, the fencing installed, the pressurized irrigation system will be approved and activated, and the road base will be approved by Ada County Highway District prior to obtaining any building permits. 15. Six -foot -high, permanent, non-combustible fencing will be installed along both sides of the Eight Mile Lateral and will not permit structural encroachment of the common lot. The 53 -foot -wide area designed on the plat is not owned by the developer, it is owned by the United States of America. We do not know how we can include this as a lot. A six-foot high perimeter fence will be provided adjacent to adjacent properties that are not a part of a recorded subdivision and will be in place prior to applying for building permits. The PLS-BOI 58565 City of Meridian June 18, 1997 Page 4 developer will provide bonding for the improvements prior to obtaining signatures on the final plat. 16. A detailed landscape plan for the common areas will be submitted for review and approval prior to submittal of the final plat map. The developer will provide a letter of credit or cash surety for the improvements prior to signature on the final plat. 17. A development agreement will be provided. 18. We will work with the City of Meridian and the Fire Department to design a turnaround that will be acceptable. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. John T. (Tom) Eddy, L. S. rM sing r PLSBOI 58565 ' h t• F:!:a v t a �. MERIDIAN', PLANNING & ZONING COMMISSION MEETING: June 18.1997 APPLICANT: MERIDIAN LAND DEVELOPMENT CO. AGENDA ITEM NUMBER: 7 REQUEST: PRELIMINARY PLAT FOR HAVEN COVE.SUBDIVISION NO.7 AGENCY COMMENTS CITY CLERK: . •R CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: } ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS r ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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. WILLIAM GA BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS. Parks Supt. SHARI 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: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433'• FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY June 13, 1997 Re: HAVEN COVE SUBDIVISION NO. 7 by Meridian Land Development Co., LLC (Annexation & Zoning / Preliminary Plat) We have reviewed tliis submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian, City Council.- GENERAL ouncil: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. The applicant has submitted a variance application for tiling of the Eight Mile Lateral. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Haven Cove Sub. No.7.PP.doc Mayor, Council and P&Z June 13, 1997 Page 2 8. Indicate any existing FEMA Flood -Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 9. Respond, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal descriptions submitted with the application for annexation/zoning/prel nftiary plat need to be revised to include %s of the Eight Mile Lateral right-of-way. By following this convention, the properties will abut each other and the parcel annexed March 15, 1994 by Vickie Welker as Ordinance 633, which is located on the opposite side of the Eight Mile Lateral near the westerly boundary. 2. Sanitary sewer service to this site will be via existing mains installed in prior phases of this development, and by a new main to be installed along the Eight Mile Lateral, to the existing main in Ten Mile Road. Applicant will be responsible to obtain easements, and to construct the sewer mains to and through this proposed development, which includes the installation of a dry line sewer in Pine Avenue. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. The sewer plan/profiles submitted with this application show a sewer main is proposed to cross under the Eight Mile Lateral near the northernmost corner of the R 15 site. The profiles state that there is 9 feet of clearance from the top of the sewer pipe to the flow line of the lateral. The clearance more than likely should have been stated as 9 inches. Special consideration needs to be given to the design and construction of this crossing. 4. Water service to this site will, be via existing mains installed in prior phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. Revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development. 6. Lot 40, Block 9; Lot 8, Block 13; Lot 4, Block 16; and Lot 46, Block 11 don't appear to meet the minimum 80 -foot frontage required in an R-4 Zone, and Lot 38, Block 16 doesn't appear to meet the minimum 40 -foot frontage requirement for a cul-de-sac lot in an R-4 Haven Cove Sub. No.TPP.doc r -.Mayor, Council and'P&Z June.,13, 1997 Page 3 Zone. The'Applicant has applied for a variance- on Lot 40, Block '9, and Lot 8, Block 13, only.. 7. The Applicant has also requested a variance from the 15 -foot rear yard setback requirement for the existing house sitting on Lot 4, Block 16. 8. Block 16 exceeds 1,000 feet in length `There is an'existing bridge at the end -of the- proposed N. Carla Place,-but'it does not meet ACHD standards. The access easement which includes this bridge goes through the adjacent property to Pine Street, but it is'unknown if the easement applies oricer a subdivision has been built. The Applicant has submitted a variance request for the block length. At minimum, a pedestrian walkway should be constructed through Lot 35, Block 9, with half of the cost of a pedestrian bridge over the Eight Mile Lateral paid for by the developer of this subdivision. Hopefully, .the existing bridge across the Eight Mile Lateral could also be retained as a pedestrian walkway. 9. The Applicant is proposing "an`R-15 zone' adjacent to an existing rural -residential property to the west which is still in the County. The resident of the property is understandably concerned about the higher density and two-story buildings that are proposed next to their home. While higher densities along major transportation corridors should be considered by the City, consideration must also be given to the existing residents. Buffering for this use will .be hard to attain. If R-15 is approved at the location proposed, development should only be approved under the conditional use permit process. 9. The preliminary plat indicates that easements 3.5 feet in width are proposed on each side of the Eight Mile Lateral, adjacent to the 53 -foot -wide fee simple right-of-way owned by the United States. The Applicant's engineer has stated that the additional area is being requested by Nampa & Meridian Irrigation District to achieve their overall desired width -of 60 feet. The "need" for the additional area is questionable, since the existing 53 feet seems to have been historically adequate, and the Applicant should not be required to dedicate additional easement'area to meet some arbitrary standard of uniformity. 10. Several lots unnecessarily have the arrow symbol depicting the front lot line, unless the developer wants to restrict the orientation of the houses on these lots (Lot 38, Block 9, Lots 25, 26, 32 and 34, Block 16, Lots 30, 31 and 42, Block 11, Lot 10, Block 13). The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that don't meet the minimum frontage required by the particular zone, or when there is concern with aesthetics, such is the case with Lot 20, Block 16. 11. Correct the description of the survey monument located at the intersection -of Pine Ave. and Ten Mile Rd. to read "1/4 Corner" instead of 1/16 Corner. Haven Cove Sub. No.7.PP.doc 1 , i f` Mayor, Council and P&Z June 13, 1997 Page 4 12. 250- and 100 -watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 13. Please add or revise the following notes: (4.) Revise second part because the five foot -wide easement is only applicable if the boundary line is a side lot line. (8.) This note is only applicable to an R-4 zone. Add minimum square footage for the R-15 zone or the schedule of square footage distribution as allowed in that zone, or as approved by the City Council as a condition of annexation and zoning. (14.) Add Lot 3, Block 16 to the list of lots owned and maintained by homeowners association. 14. Street signs are to be in place, water system shall be approved and activated, fencing installed, pressurized irrigation system approved and activated, and road base approved by the Ada County Highway District prior to any building permits being issued. 15.4 Install six -foot -high, permanent, non=combustible fencing along both sides of the Eight Mile Lateral and permit no structural encroachment of the common lot. The 53 -foot -wide area should be designated as a separate lot on the plat. Also provide permanent, six -foot -high perimeter fencing adjacent to adjacent properties that are not part of a recorded subdivision. Fencing. is to be in place prior to applying for building permits. Bonding for the improvements will be required prior to signature on the final plat. 16. Minimum 20 -foot -wide common area planting strips are required adjacent to Pine Street. A detailed landscape plan for the common areas shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 17. A development agreement is required as a condition of the annexation of this property. 18. Please consider the design modification shown on the map below. It would help to reduce. the, sea of asphalt look, and also direct the traffic around the corner a little better. \ ` �. a 'o r� \, 37 5�•?` .T ,1 J °6109.74 s0 FT 29 6966.711 50 FT � °io b� �' ,! 12121.1010 SO FNN uT :o.oe 39 .o ?� "3A J 32 - e os6 6914.03 50 FT r S a _ -- • ` ` /+ '�1 126.55 9399.66 tp Ip 39 17 -- '�- X E323.06 SO FT 6Pi`i"Ev 3:5 'NIDE FIGHT !.0 LE �. X2'1 R Haven Cove Subs No.7.PP.doc TE.RAL EASEMENT\FENCE LINE \ 2123&5J SO FT - - S l910'57" E 20.00 I `� i 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone(208)8 88-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman 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 consideredby the Meridian - Planning & Zoning Commission, please submit your comments and recommendation to - Meridian City Hall, Attn: Will Berg, City Clerk by: June 3. 1997 TRANSMITTAL DATE: 5/21/97 HEARING. DATE: 6/10/97 REQUEST: Annexation/Zonine/Preliminary Plat for Haven Cove Subdivisoin No. 7''- North of Pine Ave. East of Ten Mile Road BY: Meridian Land Develooment Co. LLC LOCATION OF PROPERTY OR,PROJECT: Portion of Section 11 T.3N RAW'B M. Ada County - -- JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT "MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) RON MANNING, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH , BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT , CHARLIE .ROUNTREE, C/C IDAHO POWER CO. (PRELIM: & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL'PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECL ION (PRELIM. & FINAL PLAT) 1 SEWER DEPARTMENT r CITY FILES /) BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: __POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER _ w SUPERINTENDENT Dr. Bob L. Haley JUN 0 3 1q97 May 28, 1997 r<re �,?Fy;:' 11)3A City of Meridian 33.East Idaho Meridian, Idaho 83642 Re: Haven Cove No. 7 Subdivision Dear Councilmen: ;r I have reviewed the plat for.Haven Cove No. 7 Subdivision and find that it includes approximately 110 homes assuming a median value of $100;000. We also find that this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School andMeridian High School. Using the above information we can predict that these homes, when completed, will house 30 elementary aged children, 26 middle school aged children, and 31 senior high aged students. This development will cause additional overcrowding in all three schools. The cost' per student for newly constructed schools,excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, Jim Carberry, Administrator of Support Programs a BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT AODISTRACT Environmental Health Divisions h O HEALTH a Return to: DEPARTMENT JUN 0 4 ftf? ❑ Boise ❑ Eagle Rezone # I' Y Ot MERIDIAIv ❑ Garden city -Meridian Conditional Use # / 1 ❑ Kuna relimina / Final / Short Plat Y�7✓ �a r/�— �yb�!/!//<S/��+/ ❑ L ACZ F 71 1. We have No'Objections to this Proposal. 2. We recommend Denial of this Proposal. ❑ 3., Specificknowledge as to theexact 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 A ? ❑ 4 feet t , ❑ 7.' This project shall be reviewed' by the Idaho Department of Water Resources concerning` well construction and water availability. [5 8. After,written approval from appropriate entities.are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well' ❑ interim sewage 4iO' central water ❑ individual sewage ❑ individual water J� 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: A�I-central sewage ❑ community sewage system []'community water ❑ sewage dry lines central water 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ . 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store IS. %S LD"wP—UtJ—OF-P 54i,,z.0J bJ 1rJ70 fit- Date: S I .3�1 `j7 S W h2 t= C3?=a ►: e- D/S G�, /rY c" — Reviewed By: r� CORD (019t «n, «Y. 119SReview eet fNT OF T Q TT A Q T_% 11 LC; Cates Department of the InLel-lor BUREAU OF RECLAMATION �AACH 3 Snake River Area Office 214 Broadway Avenue IN REPLY REFER TO: Boise, Idaho 83702-7298 ru, SRAOW-6113 May 28, 1997 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave. Meridian ID 83642 subject: Review of'Haven Cove No. 7 Preliminary Plat Dear Meridian Planning & zoning: The United States'-Eight,Mile Lateral Canal abuts the northwestern.portion of this proposed osed development and bisects its southern portion. 1. The canal right-of-way is owned in fee by the United States. It is not an easement as indicated on the preliminary plat. The plat should be relabeled prior to final approval. . 2. we are working with the developer to bring about the land ownership depicted on the plat. At this time, however, ownerships are as.depicted on the enclosed drawing.. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance-. Sincerely, /Jerrold D. r 99 "Area Manager Enclosure cc: Nampa'Meridian'Irrigation District Tom -Eddy. PLS, 290 North Maple Grove Road, Boise ID 83704 4 June 1997 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 I Of 1 3 �G � 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-8886201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Annexation/Zoning/Preliminary Plat for Haven Cove Subdivision No. 7 Meridian Land Development Co. LLC Dear Commissioners: The Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the west portion of the project. The right-of-way of the Eight;MMile Lateral is 60 feet; 30 feet from the center each way. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa ` & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review' prior to final, platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. • 'If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, 1i Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Ofce Water Superintendent. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000' BOISE PROJECT RIGHTS - 40.000 I 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 9 June 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith L. Jacobs Boise 343.1884 Pacific Land Surveyors SHOP: Nampa 466-0663 290 North Maple Grove Road Boise 345-2431 Boise, ID 83704 RE: Land Use Change Application for Haven Cove No. 7 Sub, Dear Keith: Enclosed please find a Land Use Change Application for your use to file with' the Irrigation District for its review on the above.- referenced` developmeht': If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water-Superintendent at the District's shop. Sincerely; Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent John T. and Betty M. Eddy Glenn F. Blaser & Michael Campbel City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a k SUBDIVISION EVALUATION SHEET Proposed Development Name HAVEN COVE NO 7- : City Meridian Date Reviewed 05/22/97 Preliminary Stage XXX Final Engineer/Developer Power Engr. /Meridian Land Development Co The Street name_ comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing Street names shall appear on the plat a "W CHERRY LANE" "W PINE STREET" "N TENWILE ROAD" "N CLARA PL." "W FORECAST CT." "W FORECAST ST " "W WAVE CT." "W.STATE ST." "W CARLTON-a' " b2wc "W EBBTIDE CT." W1/ EBBTIDE,91"' DQLk "N HAVEN COVE AVE " "N HAVEN COVE LANE" The above, street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee -in order for the street names to be officially approved.; ADA COUNTY STREET NAME COMMITTEE, �ENCYESENTATIVES OR DESIGNEES / / / ,1l Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley 0 Date ��Ct �- City of- Meridian Representative ate Fire District Meridian Representative ate "97 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Subindex Street Index 1W 11 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM SUBDIVISION EVALUATION SHEET PAGE TWO OF TWO Proposed Development Name HAVEN COVE NO 7 City Meridian Date Reviewed 05/29/97Preliminary Stage XX Final Engineer/Developer Power Enar./Meridian Land Development The Street name comments listed below ire' made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer)" regarding this development in accordance with the Boise City Street Name Ordinance. "1�l . ROPER LANE!, is approved and maybe used in this d velocment RODEO -PL.." is a duplication and cannot be used. Please choose a new The above street name comments have been read and, approved by the following agency 'representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date 4 City., of Meridian Representative Date Fire District Meridian Representative Date NOTE:, A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N 1W 11 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM CITY.FRM ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 08 05/29 17:33 208 378 0025 . OFFI IA G WILLIAM G. BERG, JR., City Clads JANICE L SMITH, City Treasurer GARY 0. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supf, DENNIS J. SUMMERS. Perks Supt. SHARI L STILES. P d Z AdminlStrator PATTYA. WOLFKIEL. DMV Supervisor KENNETH W BOWERS, Flm Chief WL "BILL' GORDON. Police Chief WAYNE G. CROOKSTON, JR., Attorney TO: FROM: DATE: SUBJECT: AS OF MAY 29 197 17:33 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#I STATUS EC --S 00'30" 001 176 OK 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 P"ic Works/Building lkparMIM (208) 887-2211 Motor VchidcAMvers License (208) 8884443 ROBERT D. CORRIE Mayor Applicants for June Planning & Zoning Commission Public Hearings Shari Stiles, P&Z Administrator May 29, 1997 Change of Meeting Date Due to the large number of applications received in May for the June P&Z Commission meeting, the Commissioners have planned an additional meeting during the month. The following applications will be heard at the special P&Z meeting scheduled for 6:00 p.m, on Wednesday, June 18, 1997, at City Hall (order shown does not necessarily reflect order of public hearings): COUNCIL M mm WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY EAzDQMM=1Qb1 JIM JOHNSON, Chairmen GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING Post -or Fax Note 7671 Dace P#aooff To r li- S Fr om �+ r J , Phone If Phone If — Fax # Fax p� Conditional Use Permit for vanguard Military Academy Campus Facility at 2250 N. Meridian Road by Vanguard Military Academy, Inc. Annexation and Zoning -of 3:04 Acres toR-15'and 25;34 Acres to R-4 N. ofPini "Avenue and 'East of Ten Mile Road by Meridian Land Developme`n`t Company LLC- �--- ---'°`Preliminary Plat for 14'Townhouse Units and 89 Sin a -fa til ResidentiallLots Propo ed Haven Cove Subdivision No. 7 by Meridian Land Development Company LLC1 ""'"`Condi ional Us`e Peimit for Expansion of'Facihi s to COntir]ue Manufacturing Kitchen Cabinet Doors at 208 and 218 E. Bower by Bret Jones - Classic Kitchen, Inc. Conditional Use Permit for Addition of Family Life Center at 2511 W. Cherry Lane by Cherry Lane Christian Church Preliminary Plat for Dakota Ridge Subdivision - 90 Lots on 28.6 Acres S. of Ustick and'/ Mile W. of Ten Mile by Max Boesiger, Inc. Preliminary Plat for Devlin Place Subdivision — 39 Lots on 12.22 Acres S. of Future Section of Chateau, N. of Cherry Lane between Sunnybrook Farms and Sunburst Subdivisions by D.W., Inc. Please ensure that your property is posted seven (7) days prior to the public hearing date. Properties that are not posted will be deferred. Do not hesitate to call me or Dean Ehlert (Code Enforcement Officer) if you have any questions. Thank you. s +i OFFICIALS 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 -•1 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman 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: June 3. 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Annexation/Zoning/Preliminary Plat for Haven Cove Subdivisoin No. 7 - North of Pine Ave, East of Ten Mile Road BY: Meridian Land Development Co. LLC LOCATION OF PROPERTY OR PROJECT: Portion of Section 11, T:3N, R.1W, B.M. Ada County s - JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) RON MANNING, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION, -KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO. (PRELIMS & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER APPLIATION FOR ANNEXATION APPROVAL ZONING OR -REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATIEN 1. GENERAL INFORMATION maven Cove No. 7 Subdivision (PROPOSED NAME OF SUBDIVISION) A Dortion of the S 1/2 of the NW 1/4, Section (GENERAL LOCATION)B.M. 11,. T.3N., R.1W., See attached. (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Attached John T. Eddy and Betty M. Eddy Meridian -Land Development Co., L.L.C. (OWNER(S) OF 888-1336 342-0842 RECORD)( N`�E ) 2630 W. Pine Avenue, Meridian, Idaho 83642 ( '_=LEPHONE NQ . ) P.- 0.. Box 3023, Boise, Idaho 83703 (ADDRESS) Glenn F. Blaser and Michael S. Campbell, Managing Elembers Meridian Land Develo ment Co. L.L.C. (APPLICANT) (NAME) X42-0842 ('= ELEPHONE NO . ) P. 0. Box 3023, Boise, Idaho 83703 (ADDRESS) Keith L. Jacobs, Jr., P. E. Pacific Land Surveyors, a division Power of (ENGINEER, SURVEYOR OR PLANNER) (NAME) Eng. -6380 (�:J78PHONE NO.) 290 North Maple Grove Road, Boise, Idaho 83704 (ADDRESS) MPridian (JUPISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. i A(_;"PTED BY:) (FEE) PROJECT: 549209 DATE: May 14, 1997 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 ANNEXATION PARCEL DESCRIPTION FOR HAVEN COVE NO. 7 SUBDIVISION A PORTION OF THE SOUTH -HALF OF THE NORTHWEST QUARTER SECTION 11 T.3N., R. l W., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the South -Half of the Northwest Quarter of Section 11, T.3N., R. 1 W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said NW'/4 of Section 11, thence along the Southerly boundary of said NW '/4 of Section 11 and the centerline of West Pine Street, South 89110'57" East 1322.64 feet to an iron pin marking the Southwest corner of the SE '/4 of said NW '/4 of Section 11, said iron pin being the REAL POINT OF. BEGINNING; thence along the Westerly boundary of said SE '/4 of the NW '/4 of Section 11, North 00030'36" East 520.68 feet to an iron pin on the Northeasterly boundary of Eight Mile Lateral: thence along said Northeasterly boundary of Eight Mile Lateral, North 61°01'27" West 589.45 feet to an iron pin; thence North 39°09'21" West 688.46 feet to an iron pin on the Northerly boundary of said S '/� of the NW '/4 of Section 11; pin; '/ thence along said Northerly boundary of the S '/2of the NW '/4 of Section 11, South 88054'42" East 1389.45 feet to an iron thence leaving said Northerly boundary of the S % of the NW '/4 of Section 11, South 01 '05'18" West 100.00 feet to an iron pin; thence South 10'12'43" West 50.64 feet to an iron pin; thence South 00033' 12" West 100.00 feet to an iron pin; thence South 88°54'42" East 240.01 feet to an iron pin on the Easterly boundary of the W '/z of the SE '/4 of said NW '/4 of Section H; thence along said Easterly boundary of the W '/2 of the SE '/4 of the NW '/4 of Section 11, South 00'33'12" West 1068.79 feet to an iron pin on said Southerly boundary of the NW '/4of Section 11 and the centerline of West Pine Street; thence along said Southerly boundary of the NW '/4 of Section 11' and said centerline of West Pine Street, North 89'10'57" West 661.32 feet to the point of beginning, comprising 29.25 acres more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. JTE:DGB 0:\winword\descr\549209Z. doc Prepared by: Pacific Land Surveyors Douglas G. Bergey, P.L.S. C. LAND, c;���tSTf,? sr�� Of AS G. 8 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 May 14, 1997 City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549209 Proposed Haven Cove No. 7 Subdivision Annexation and Rezoning Dear City Council: On behalf of Meridian Land Development Company, L.L.C., we are requesting annexation and rezone of 29.14 acres of land located in the NE %4 of the NW '/4 Section 11, T. 3 N., R. 1 W., B.M., Ada County. This parcel is currently zoned RT and has been used for agricultural purposes for the last 50 years. We are requesting a zone change from the current RT to a combination of R4 single family and R-15 townhouse units. The R-4 zone will occupy approximately 25.34 acres. The R-15 zone will occupy approximately 3.04 acres. The balance will be occupied by the Eight Mile Lateral right-of-way which will provide a natural split between the two zones. The R-15 zone is requested due to the unusual shape of the parcel caused by the Eight Mile Lateral. This property has the necessary characteristics such as size, shape and utility access to make the proposed zone change desirable. This property is currently bounded on three sides by residential developments: Haven Cove No. 4 to the north, Haven Cove No. 5 and No. 6 to the east and Morning Glory Subdivision along the south side of Pine Street. The current Meridian Comprehensive Plan, dated December 21, 1993, designates this parcel as single family residential. This proposed zone change complies with the requirements of the Meridian Comprehensive Plan. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers. Inc. KLJ:smg Keith L. Jacobs, Jr., P. E. PLS -1301 58-124 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation -1 F � I . � --yam— --___. _— �,-;:,•S � --_=y/�7��/�4�7. *� �� Ili ' 6 2 4 2 5 4 3 Z 3 r 2 :C 5. �) W LE , CT. O 4 g W. LEPOY CT o 6 �, � 9 3 l,1 ' S / TPG 7 8 9 2 6 1 11ASSN.I2 ✓) 11 1 W 14 13" 12 11� 10 . 9 7 r` 1 1 9 Q 1 /O ,. 70 7 W. (n A� 997 LEON RD Cr. W LEONARD ST. e 14 1 1 Z 9 9 1 6 S' 4 2 9� B J _ 3 23 ` 22 21 1 2 i IO ! L 12 13 14 15 s6 17 ( 1 a 4 W SHERYL ST 25 cr 26 Q 13 12 II I 10 9 1.13 7' 6 3 4 3 2 la I 16 17 Is* 20 21 22 23 24 I w 4 5n 4 3 � 90 12 13 1$ 611 9 -- . W WILLARD ST. 1� I 26 . Z' P9 -FO 1 8 F s j I1 I2 13 14 15 16 ' J i 30 W. SANTA CLARA OR. i 3 y7�2-34 5 1 8' 9 10 11 12 3-5734 33 32 31 30 ` 35 93 92 24 23 Y2 21 12074 iB 17 16 16 14 13 36 37 38 39 a %W. FORECAST Cr. 0. >.vottgcAST sr. 6 W. FORECAST' ST `36 � 36 0"1. 34 33 32 26 25 30 29 28 27 26, 25 I'. 2 .. -3' "4 5 ORO k33 ,O9 37 %s9 n _ 35 " 91 27 24 91 32 33 34 It 0 9 8 z36 26 1y' %40 30 1.W. WAVE ` F 97 29 W. HAVE CT. 37 13 ` 41 38 to 22 42 41 40 39 p6 I 14 15 i6 17 42 to E1 1 39 ® 43 11 4p 50 24 .23 22 21 20 j .� 17 48 AV AV 20 44 47 ' CARLTON . ST ►4f4f11����♦ Q ` 16 46 w 15� l 45 �� •12 9 5 4. I 11F. 4. p�r , 14 �; 11 � i W ro G NQl}Py� 12 + �g 10 6 7 6 3 2. 5 NO - -7 tt t ° STATE ST. 9 W. STAT J ,16 1 11 6 9 J54 . 1 I 10 6 1 9` 1 - Z 1.9. 7 % 6 % 7 ® 7 6 3 2 �Tl�l 20 51). 6 lBOTIDE et 20 REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TA6LE FGR SUBMISSIC`i: A request for pre i iminar� Clerks possessicr, nc, y Flat app_oval must be in the City regular meetinglater. than three days following the o= the Planning and Zoning Commission. The Planning and Zoning Commission, will hear the request at made. the monthly meeting following the month the request was After a proposal enters the process it may be acted upon at subsequent monthly meeting Procedures and documentationare received bef ogre 5:00eary P.,M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Anne:•cation and Subdivision. Haven Cove No. 7 Subdivision 2. General Location, Portion Section 11, T.3N., R.1W., B.M., Ada Co., 3.Owners of record, MeridianELdanddy and Betty M. Eddy Idaho 2630 W. Pine Avenue, Meridian, Idaho 83642 888 -1339 --- Address, P. 0. Box 3023, Boise I a o Zip83703Telephone 342-0842 4. Applicant, Meridian Land Development Co., L.L,C ddress. P. 0. Box 3023, Boise Idaho 5. Engineer, Keith L. Jacobs Jr. 83703 Firm Pacific Land Surveyors, a divn. Address 290 Ni Maple Grove Rd of Power Engineers, Inc. Boise, Idaho •Zip 83704 Telephone 378-6385 6. Name and address to receive City billings: Name Meridian Land Dev. Co.L.L.0 Address P. 0. Box 3023 Telephone 342-0842 Boise, Idaho 83703 PRELIMINARY PLAT CHECKLIST• Subdivision Features 1. Acres 2g_ 8 2. Number of lots 110 3. Lots per acre 3.87 4. Density per acre .26 S. Zor,ingClassification(s) R-4 and R-15 (requested) a. If the proposed subdivision is outside t: Meridian City Limits but within the jurisdictional"mii= what is the existing mooning classification RT 7. Does the plat border a potential green No. Eight Mile Ta. Vis. Have recreational easements been provides or Yes h 9. Are there proposed recreational amenities :.o the City No Explain—Lot 35, Block 9 is a drainage/recreationa lot for the benefit gf.the subdivision. 10. Are there proposed dedications of common areas? Yes Explain 20 -foot landscape lots; Lot 35, rem- --ational. lot For future parks?_ No Explain 11. What school(--) service the area r!-: - idian � do you propose any agreements for future school Eltes No n g Explain 12. Other proposed amenities to the City No. Water Supply No Fire Department No Other _ Explain Y":. 1:3. Type of Building (Residential, Commercial; ±'ndustr'i`al or " combination) Residential 14. Type of Dwelling(s) Single Family, Duplex-�i- --, Multiplexes, other_ Single-family and.townhouses 15. Proposed Development features: a. Minimum square footage of lot(s), R-4 8,000 s . f . and R-15 2,500 s.f. b. Minimum square footage of structure(s) As ordinance requires C. Are garages provides for, Yes squ_ = footage .400 d. Are other coverings provided for IVr e. Landscaping has been provided for Y"'>. Describe Developer will landscape Lots 1 6 1: ind 17 Block 17, Lots 3 and 12, Block 16 and Lot 35, r.r,k 9 (2) P f. Trees will be provided Sor Yes, Tree will be maintained by homeowners association. g. Sprinkler systems are provided for Yes h- Are there multiple units_ Yes Type Townhouses remarks Townhouses in the R-15 zone 1. Are there special set back requirements Yes, as shown on plat Eipiain of g Block 13 and of 40 Block j. Has off street parking been provided for No , E. -.plain k. Value range of property 1. Type of financing for development M. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ?. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate Easements. 6. Street namei must not conflict with City grid system. 13) 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 549209 DATE: May 14, 1997 BOUNDARY/ZONING PARCELS DESCRIPTION FOR HAVEN COVE NO. 7 SUBDIVISION A PORTION OF THE SOUTH -HALF OF THE NORTHWEST QUARTER SECTION 11 T.3N., R.1 W., B.M. i -- ADA COUNTY, IDAHO R15 - BLOCK 17 (Lying Southwesterly of Eight Mile Lateral) t A parcel of land being a portion of the South -Half of the Northwest Quarter of Section 11, T.3N., R. 1 W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said NW '/40f Section 11, thence along the Southerly boundary of said NW '/4 of Section 11 and the centerline of West Pine Street, South 890 10'57" East 1322.64 feet to an iron pin marking the Southwest corner of the SE '/4 of said NW '/4 of Section 11, said iron pin being the REAL POINT OF BEGINNING; thence along the Westerly boundary of said SE '/4 of the NW '/4 of Section 11, North 00030'36" East 460.39 feet to a point on the Southwesterly boundary of the Eight Mile Lateral:, thence along said Southwesterly boundary of the Eight Mile Lateral, South 61 °01'27" East 276.75 feet to a point; thence South 331 10'33" East 367.88 feet to a point; . thence South 24'18'45" East 27.37 feet to a point on said Southerly boundary of the NW '/4 of Section 11 and the centerline of West Pine Street; thence along said Southerly boundary of the NW '/4 of Section 11 and said centerline of West Pine Street, North 890 10'57" West 458.83 feet to the point of beginning, comprising 3.04 acres more or less. R 4 - BLOCKS 9,11,12,13,15 AND 16 (Lying Northeasterly of Eight Mile Lateral) A parcel of land being a portion of the South -Half of the Northwest Quarter of Section 11, T.3N., R. 1 W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said NW'/4 of Section 11, thence along the Southerly boundary of said NW '/4 of Section 11 and the centerline of West Pine Street, South 890 10'57" East 1840.01 feet to a point on the Northeasterly boundary of Eight Mile Lateral, said point being the REAL POINT OF BEGINNING; thence along said Northeasterly boundary of Eight Mile Lateral, North 24018'45" West 56.34 feet to a point; thence North 330 10'33" West 385.12 feet to an iron pin; thence North 61 "01'27" West 908.08 feet to an iron pin; thence North 39°09'2 t" West 688.46 feet to an iron pin on the Northerly boundary of said S '/z of the NW '/4 of Section 11; thence along said Northerly boundary of the S % of the NW '/4 of Section 11, South 88°54'42" East 1389.45 feet to an iron pin; thence leaving said Northerly boundary of the S %z of the NW %4 of Section 11, South 01'05'18" West 100.00 feet to an iron pin; thence South 10'12'43" West 50.64 feet to an iron pin; thence South 00'33'12" West 100.00 feet to an iron pin; thence South 88°54'42" East 240.01 feet to an iron pin on the Easterly boundary of the W %2 of the SE i/4 of said NW i/4 of Section 11; thence along said Easterly boundary of the W % of the SE '/4 of the NW '/4 of Section 11, South 00'33'12" West 1068.79 feet to an iron pin on said Southerly boundary of the NW of Section I I and the centerline of West Pine Street; 0:\winword\descr\549209p.doc Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation PROJECT: 549209 DATE: May 14, 1997 DESCRIPTION: Haven Cove No. 7 Subdivision, Boundary and Zoning PAGE: 2 of 2 thence along said Southerly, boundary of the NW '/a of Section 1 I and said centerline of West Pine Street, North 89°10'57" West 143.95 feet to the point of beginning,. comprising 25.34 acres more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. JTE:DGB O:\winwbrd\descr\549209p.doc Prepared by: Pacific Land Surveyors �Nt LAND C_'71 �1STfgFs`� OG�CIf OF AS G. 8 Douglas G. Bergey, P.L.S. 0 290 North Maple Grove Road Boise. ID 83704 (208) 378-6380 Fax (208) 378-0025 May 14, 1997 s . City Council City of Meridian 33East Idaho Avenue u Meridian, Idaho 83642 d Subject: 549209 -Haven Cove No.; 7 Subdivision Preliminary Plat Approval W x: Dear City Council: On behalf of Meridian Land Development Company, L.L.C., we are requesting approval of the Preliminary Plat of Haven Cove No. 7 Subdivision occupying' 29.14 acres in the NE 1/4 of the NW '/4, Section 11, T.3N., R.1W., B.M., Ada County, Idaho. This parcel has been used for agricultural activities for the last 50 years. This development proposes two uses: 1) single-family housing in the R-4 zone, and 2) townhouse units in the R-15 zone. The property is bounded on three sides by residential developments, Haven Cove No. 4 to the `north, Haven Cove No. 5 and No.,6 to the east and Morning Glory" Subdivision along the south side of Pine Street. The streets through this subdivision, except the R-15 zone, will be public and will be extended from Haven Cove No. 4, No. 5 and No. 6. This, subdivision will not have direct lot access to.Pine Street. The current lot configuration incorporates the two existing houses occupying this parcel. The R-15 zoned area will have direct lot,access to Pine Street only via' a private road constructed to Ada County Highway District standards. The Eight Mile Lateral, a 53 -foot wide strip of land owned by the United States government, separates the R-4 and R-15 zones and is along the westerly boundary of the R-4 zone. Lots 4 and 38, Block 16, have existing single-family houses which are to remain. All R-4 zone lots are 8,000 square feet or larger and the R-15 zone lots are 2,500 square feet. This subdivision will require special consideration concerning lot frontage requirements. Currently, Lot 40, Block 9, and Lot 8, Block 13 do not meet the minimum lot frontage requirements as defined in a R-4 zone. We are requesting variances for these two lots. The existing house on Lot 4, Block 16 requires a variance for the rear yard setback as defined in the R-4 zone. The house setback frorn the existing Pine Street right-of-way is 41.3 feet. The widening of Pine Street and the 20 -foot wide landscape lot reduces the rear PLS -60[ 58-425 Pacific L iiid Surveyors, a division of P( )WEfi ( r;. Inc., an Idaho Corporation City of Meridian May 14, 1997 Page 2 yard setback from 41.3 feet to 13.3 feet. The side and front -yard setbacks are in conformance with the zoning ordinances. The existing houses in this proposed subdivision are in compliance with the R-4 zone. They are both over the required 1,400 square. The R-15 zone will require a 42 -foot wide lot for a private road. The private road will be constructed to Ada County Highway District standards. We believe a private road will provide a better development approach than a public roadway. The homeowners association will own and maintain the private road. The roadways, curbs gutters and sidewalks of this development will be constructed in accordance with Ada County Highway District's standards and Meridian's city ordinance. All sidewalks will be five feet wide. The proposed use is in conformance with Meridian's Comprehensive Plan and complies with Meridian's ordinances except as noted above. The existing wells and septic systems in this development will be abandoned or removed. (Please refer to Note 5 on the Preliminary Utility Plan.) The houses in this development will be connected to Meridian's sewer and water systems. All lots will have pressurized irrigation water supplied by Haven Cove No. 5 and No. 6 irrigation system. The irrigation system will be owned and maintained by the'Nampa & Meridian Irrigation District. The Preliminary Plat includes all appropriate easements. (Please note that a five-foot easement along the boundary common with Haven Cove No. 4, No. 5 and No. 6 is proposed.) Street names will be in accordance with the City's grid system. Thank you for your time and consideration. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engin ers, Inc. KLJ:s1ng Keith L. Jacobs, Jr., P. E. P[.S BO[ 58-425 I = 36o SE" rr.0 ERs 29 f� 4 2 � q L 3 ` f 5 I� I 3 4 W LE CT. i y W. LEPOY CT 6 ^ 4 ASSN. g 003 .,..�1NG ASSN. T 8 9 2 6 7 14 1� 6 MAY 0 2 1997 12 LErn O CT. > I I /O 12 II 10 9 p 7 W. `s > W LEONARD ST e v 14 1 IB > 9 9 > 6 4 2 9� 9, a 3 3 23 22 21 I 1 13 14 15 16 17 I 1 a 4 W SHERYL ST 25 a 26 Q 13 12 11 I 10 9 6 T 6 5 4 3 2 la I 16 I7 I B 19 20 " 21 22 23 24 I t'C E 7 5 N 52 • 4 3 f 9 0 11 12 13 4 .n 4 9 7 . W WILL ARD ST 29 Z z 10 9 II 12 13 14 IS 16 3 30 W. SANTA CLARA OR. y 3 9 I 2 3 4 5 j� 8 9 H]-12 3534 33 32 31 30 1336 T 37 38 1 39 1.41 6 W. FORECAST S1 a !T 26 25 1 ' 2 3' 4 S' -35 it 0 9 8 36 1Z; 1 . CT. W. WAVE -F 37 113 1 14 15 16 17 i� 8 49 50 24 23 22 21 20 i IWII.. CARLTON . ST l� Q4 5 4 I W t e y 6 3 2 1 1W. STATE ST. •. STAT J -46 5 4 1. e ®QD11 lZ .19. 7 6 3 2 1K NIDE SL 20 1 j i 5 4 2 3 22 21 1, 3- 9 6 i42 41 O m 8 40 D g Z 39 10 A � m 1 e�Ok 37 . 2 3 EMENT 5 THIS e,� t 5 �, is O6 ' day,Q Kes e� -i 1994, by and pa ff i nicipal corporation o 1= se'off ldAd, party of the VA o d l INTERW NT D AMj ,QnMENT, part of the second a s �` R", whose address:_ -is -3350 Americana WHE NC law and/or equity, of a certain tract of land in the Co A1V� 0 LAND Exhibit "A", which is attached hereto and by this ref TIT full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best -interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1x400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in , "Exhibit A", shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone, and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specification current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER °and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of :when and of what portion, or portions, of said 'improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plan shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, .pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER 'Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the' City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed fording. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupy within such annexed area and/or shall have. the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at . its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 the event of DEVELOPER's, failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount`of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary, to the financing and lending industry to ensure that the loan proceeds or advances will not be used' for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, 'completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the • unique and peculiar circumstances relative to'this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: _. City Engineer Interwest Development City,of Meridian 3350AAmericana Terrace 33 East Idaho Boise} ID 83706 Meridian, ID 83642 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER, agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 'i Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 STATE OF IDAHO ) ss. County of Ada ) On this g day of WoV em . , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared A. Leon Blas er and Bruce W. Blaser, known, or Proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. -I'AR (84A ' STATE OF IDAHO ) County of Ada ) Q My Commission Expires On this I jv day of oVf ft b e r , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. L' (SEAL) _ p` j • t' P I 0 i \\ '���lIJl1`If itj 00 ublic for Idaho at:P•-i mission Expires: 9/2 1-91 Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 DATED the date, month and year first appearing. DEVELOPER: INTERWEST DEVELOPMENT i s. By:, 2 -A &.4 4. z ) Name: Bruce W. Blaser Tide: Secretary CITY OF MERIDIAN 011St- 9 e 'e V 1By Grant P. Kingsford, Mayor r fA AM L 'r � J7 a B tea' William G. Berg, Jr., City CltVrk Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND INTERWEST DEVELOPMENT This subdivision is for 74 single-family dwelling -units with an overall "density of 3.7 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks and streets to and within the property to Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Pine Avenue for public right-of-way, including necessary bike lanes. 5. Informs lot owners that they may have to pay any development, impact or transfer fee adopted by the CITY at the time of request for building permits. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide a twenty -foot (20') landscaped strip along Pine Avenue to be maintained by the Homeowners Association. 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and any downstream water users associations submitted to the City. 9. Provide perimeter fencing, except where such requirement has been waived in writing by the City, prior to obtaining building permits. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Reserve Lot 41, Block 1 for a sanitary sewer lot as well as a pedestrian/bike path which shall be fenced on both sides and surfaced in accordance with City of Meridian Public Works Department Standards. EXHIBIT "B' Rev. 10/18/94 HAVEN, COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 of 2 V V 12. Provide a temporary turnaround on Lot 36, Block 1, until such time as a future road is placed to connect. EXHIBIT "B" HAVEN COVE SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Rev. 10/18/94 Page 2 of 2 MERIDIAN CITY COUNCIL MEETING: APRIL 7 1998 APPLICANT: MERIDIAN LAND DEVELOPMENT COMPANY ITEM NUMBER: 11 REQUEST: FINAL PLAT FOR HAVEN COVE NO.7 SUBDIVISION (41 LOTS) NORTH OF PINE AND EAST OF TEN MILE ROAD i AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: c 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: t: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: MALCOLM MACCOY REVIEWED All Materials presented at public meetings shall become property of the City of Meridian. ' HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD SUPLEMENTAL MEMORANDUM: To: From: Re: Mayor and City Council LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 March 31, 1998 1MCIETVED APR 01 1998 Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator <35; HAVEN COVE NO.7 SUBDIVISION (Final Plat by Meridian Land Development Co., L.L.C.) G:` 'o'- OF :MERIDIAN We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: The final plat for Haven Cove No. 7 was previously approved by the Meridian City Council on January 6, 1998. However, the applicant needed to remove four lots adjacent to the Eight Mile Lateral because of problems with the right-of-way that will take some time to resolve. Because of this change, the Applicant was required to resubmit for Council approval. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Developer shall be responsible for the disconnection and connection to municipal service along with the payment of associated assessment fees prior to final acceptance of the subdivision. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash, will be required for these improverr--nts prior to signature on the final plat. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Please submit a copy of the Ada County Street Name Committee's final approval letter for Haven Cove No7.FP Mayor and City Council March 31, 1998 Page 2 the Subdivision name, lot and block numbering, and street names. ' Make any corrections necessary to conform. 6. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk's office by 5:00 PM, Monday, January 5, 1998. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, permanent non-combustible perimeter fencing is required to be in place adjacent to the southerly subdivision boundary, at the NMID easement line, along the Eight Mile Lateral. Temporary fencing to contain construction debris is required to be in place along all other boundary lines. All fencing is to be installed prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Sanitary sewer service to this site will be via an extension of an existing main installed in previous phases of this development. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 5. Water service to this site will be via an extension of an existing main installed in previous phases of this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 7. Provide evidence to the Public Works Department that an offsite storm drain easement has been granted to the Ada County Highway District. 8. Provide a detail of property pin configurations for the southerly area of Lots 39-40, Block 11. 9. Place an "initial Point" monument symbol in the Legend and subdivision boundary. Havas Cove No7.FP Mayor and City Council March 31, 1998 Page 3 10. Several lots unnecessarily have the arrow symbol depicting the front lot line, unless the developer wants to restrict the orientation of the houses on these lots (Lot 1, 7-8, Block 17, Lots 30, 31, 42, Block 11). The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that don't meet the minimum frontage required by the particular zone, or when there is concern with aesthetics. 11. Please add or revise the following notes: (4.) ...irrigation easement, unless otherwise dimensioned. (8.) ...1400 square feet, excluding garage area. Haven cove NoTFP 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH t. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998 TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: MERIDIAN LAND DEVELOPMENT COMPANY LLC LOCATION OF PROPERTY OR PROJECT A portion of the S'/2 of NW'/a Section 11, T.3N., RAW., B.M. JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _ PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM $ FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE z 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS . WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered ,by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998 TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: MERIDIAN LAND DEVELOPMENT COMPANY LLC LOCATION OF PROPERTY OR PROJECT: A portion of the S'/2 of NW'A Section 11, T.3N., RAW., B.M. JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT _ /'7- , 7 FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER L _ PARKS DEPARTMENT CITY FILES MAR 17 1998 MERIDIAN CJ I�- SUPERINTENDENT Dr. Bob L. Haley March 13, 1998 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Haven Cove No. 7 Subdivision Dear Councilmen: I have reviewed the plat for Haven Cove No. 7 Subdivision and find that it includes approximately 41 homes assuming a median value of $175,000. We also find that this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School -and Meridian High School. Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 8 middle school aged children, and 7 senior high aged students. This development will cause additional overcrowding in all three schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, Ji Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg 0 Jim Keller • Steve Mann 17 March 1998 City of Meridian 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Rk*k**?NXX 208-463-0183 Phones: Area Code 208 OFFICE: f Nampa 466-7861 X5oNQXXX 0UMAX SHOP: 'Nampa 466-0663 xera�xxx�aaxa�xx RE. Fiinal Plat for Haven Cove No. 7 Subdivision - Meridian Land Development Co. LLC Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site;Development application be filed for review prior to final platting. Contact Donna Moore at '466-7861 for further information. t All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation, District must review drainage plans. The developer must comply with Idaho Code 31=3805. It is recommended that irrigation water be made available to all developments within `the Nampa & Meridian Irrigation District. Sincerely, Bill enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 { cg CENTRAL DISTRICT "HEALTH DEPARTMENT Rezone # CENTRALDISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # Preliminary ina Short Plat /Ll�/Dim I. ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7. 08. 9. 10. ❑ I I. ❑ 12. ❑ 13. 0 14. (DOD, 10/91 rcb, rev. 1/91 i�v - I I Return to: e ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz CED PINK L 0 MOWe have No Objections to this Proposal. CI r fl * .ERIDIAN We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal groundwater ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. a After written approval from appropriate entities are submitted, we can approve this proposal for: .® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ,® central water ❑ individual sewage ❑ individual water The following plan(s) must be`submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: oB central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines JR central water Run-off is not to create a mosquito breeding problem. 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: C3 food establishment C1 swimming pools or spas ❑child care center ❑ beverage establishment ❑ grocery store �y G/� Ti?z �i UdU 7Y1 �'�/VS' / ? r ✓cam QESi /y/tfi�iy �� _ l ;23Date: / L r� �^d /4'I/FNA-Mc7�T Review Sheet SUBDIVISION EVALUATION SHEET MAR 2 3 t„scv^7r� f Proposed Development Name HAVEN COVE NO City Me 7 v ri i I Date Reviewed 03/19/98 Preliminary Stage Final XXX Engineer/DeveloperPower Enor. / Meridian Land Development Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. 1 "KI DnDCD Dl it U. earlier plats of phase 7 The above street name comments have been read and approved by the following agency, representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the. street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A E CY RESENTATIVES OR (DESIGN ES Ada County Engineer John Priester � T Date 3//� d Ada Planning Assoc. Ann Hurley _ Date City of Meridian Representative Fire District Meridian Representative Date 3 /q, t 8 -- Date 3" Z 3`98 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub hndex Street Index 3N 1 V1l71 1 Section NUMBERING OF LOTS AND BLOCKS,% TRISUBS%SM CITY.PRM►-- v 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF. MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208)887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH �� TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998 TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98 REQUEST: Final Plat for Haven Cove No. 7 Subdivision BY: MERIDIAN LAND DEVELOPMENT COMPANY LLC LOCATION OF PROPERTY OR PROJECT. A portion of the S'/Z of NW'/4 Section 11 T.3N., RAW., B.M. JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 _BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT - BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _ PARKS DEPARTMENT CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(P E &FINAL PLAT) IDAHO TRANSPORTATIONPENT YOUR CONCISE Haven Cove No. 7 Subdivision HAVEN -COVE NO. 7 LOT CLOSURES BOUNDARY OF SUBDIVISION STARTING POINT: RADIUS POINT 1 10000.000 10000.000 - 1 N 89-28-07 W 160.000 2 10001.484 9840.007 2 S 80-06-28 W 105.000 3 9983.445 9736.568 3 S 75-30-16 W 81.430 4 9963.063 9657.730 4 S 45-01-48 W 47.050 5 9929.811 9624.443 5 S 34-00-52 W 68.980 6 9872.634 9585.856 6 S 63-01-52 W 110.740 7 9822.412 9487.158 RADIAL BRG (IN & OUT) N 79-52-11 E S 43-40-12 W DELTA:- 36-11-59 R= 40.000 A= 25.272 C= 24.854 T= 13.074 TANGENT BRG (IN & OUT) S 10-07-49 E N 46-19-48 W RADIUS POINT 8 9829.448 9526.535 P.C. - P.T. 7 S 28-13-49 E 24.854 9 9800.515 9498.915 9 S28 -58-34W 51.310 10 9755.628 9474.058 10 N61 -01-26W 243.370 11 9873.527 9261.152 RADIAL BRG (IN & OUT) N 28-58-34 E S 72-19-12 W DELTA: 43-20-38 R= 51.500 A= 38.959 C= 38.037 T= 20.465 TANGENT BRG (1N & OUT) N 61-01-26 W S 17-40-48 E RADIUS POINT 12 9918.580 9286.101 P.C. - P.T. 11 N 39=21-07 W 38.037 13 9902.940 9237.034 13 S 72-19-12 W 104.930 14 9871.073 9137.060 14 N 0-30-36 E 158.720 15 10029.786 9138.473 15 N 39-39-03 W 230.000 16 10206.874 8991.708 16 N 0-25-18 E 40.010 17 10246.883 8992.002 17 N 65-18-56 E 91.980 18 10285.296 9075.577 18 N 0-30-36 E 85.000 19 10370.292 9076.334 19 N 48-56-56 E 74.520 20 10419.232 9132.531 20 N 1-05-18 E 100.000 21 10519.214 9134.431 21 S 88-54-42 E 640.000 22 10507.058 9774.315 22 S 1-05-18 W 100.000 23 10407.076 9772.416 23 S 10-12-43 W 50.640 24 10357.238 9763.438 24 S 0-33-12 W 100.000 25 10257.243 9762.472 25 S 88-54-42 E 240.010 26 10252.684 10002.439 26 S 0-33-12 W 252.700 27 9999.996 9999.999 CLOSING POINT: 27 10000.000 10000.000 N 19-47-51 E 0.004 CLOSING LINE 3200.622 DISTANCE TRAVERSED 744573.512 PRECISION AREA: 493061.17 Square Feet 11.3191 Acres Page 1 Haven Cove No. 7 Subdivision LOT 28 BLOCK 11 STARTING POINT: 1 10000:000 1 S 0-33-12 W 100.000 2 9900.005 2 N 88-54-42 W 90.000 3 9901.714 3 N 0-33-12 E 100.000 4 10001.709 4 S 88-54-42 E 90.000 5 10000.000 CLOSING POINT: 5 10000.000 N 47-17-26 W 0.000 CLOSING LINE 380.000 DISTANCE TRAVERSED 384.330 DISTANCE TRAVERSED >100000000 PRECISION 37671.801 PRECISION AREA: 8999.61 Square Feet 0.2066 Acres LOT 29 BLOCK 11 STARTING POINT: 1 10000.000 1 S 0-33-12 W 100.000 2 9900.005 2 N 88-54-42 W 92.120 3 9901.754 3 N 0-30-36 E 100.010 4 10001.760 4 S 88-54-42 E 92.200 5 10000.009 CLOSING POINT: 5 10000.000 S25 -50-29W 0.010 CLOSING LINE 384.330 DISTANCE TRAVERSED 37671.801 PRECISION AREA: 9216.23 Square Feet 0.2116 Acres LOT 30 BLOCK 11 10000.000 9999.034 9909.051 9910.016 10000.000 10000.000 10000.000 9999.034 9906.931 9907.821 10000.004 10000.000 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36W 100.010 2 9899.994 9999.110 2 N 88-54-42 W 90.000 3 9901.703 9909.126 3 N 0-30-36 E 79.800 4 9981.500 9909.836 RADIAL BRG (IN & OUT) S 89-29-24 E N 1-05-18 E DELTA: 90-34-42 R= 20.000 A= 31.618 C= 28.427 T= 20.203 TANGENT BRG (IN & OUT) N 0-30-36 E N 88-54-42 W RADIUS POINT 5 9981.322 9929.836 P.C. - P.T. 4 N 45-47-57 E 28.427 6 10001.319 9930.215 6 S 88-54-42 E 69.800 7 9999.993 10000.003 CLOSING POINT: 7 10000.000 10000.000 N 21-38-43 W 0.008 CLOSING LINE 371.228 DISTANCE TRAVERSED 48240.852 PRECISION AREA: 8911.92 Square Feet 0.2046 Acres Page 2 Haven Cove No. 7 Subdivision LOT 31 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36W 100.010 2 9899.994 9999.110 2 N 88-54-42 W 70.210 3 9901.328 9928.912 RADIAL BRG (IN & OUT) N 1-05-18E N 89-29-24 W DELTA: 89-25-18 R= 20.000 A= 31.214 C= 28.141 T= 19.799 TANGENT BRG (IN & OUT) N 88-54-42 W S 0-30-36 W RADIUS POINT 4 9921.324 9929.292 P.C. - P.T. 1 S 88-54-42 E 80.000 2 3 N 44-12-03 W 28.141 5 9921.502 9909.293 5 N 0-30-36 E 80.210 6 10001.709 9910.007 6 S 88-54-42 E 90.000 7 9999.999 9999.991 CLOSING POINT: 7 10000.000 10000.000 N 85-40-42 E 0.009 CLOSING LINE 371.644 DISTANCE TRAVERSED 40538.271 PRECISION AREA: 8917.44 Square Feet 0.2047 Acres LOT 32 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 80.000 2 9998.480 10079.986 2 N 0-30-36 E 100.010 3 10098.487 10080.876 3 N 88-54-42 W 80.000 4 10100.006 10000.890 4 S 0-30-36 W 100.010 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.020 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.39 Square Feet 0.1837 Acres LOT 33 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S'88-54-42 E 80.000 2 9998.480 10079.986 2 N 0-30-36 E 100.010 3 10098.487 10080.876 3 N 88-54-42 W 80.000 4 10100.006 10000.890 4 S 0-30-36W 100.010 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.020 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.39 Square Feet 0.1837 Acres Page 3 Haven Cove No. 7 Subdivision LOT 34 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 56.720 2 9998.923 10056.710 RADIAL BRG (IN & OUT) N 1-05-18 E S 49-54-29 E DELTA:- 50-59-47 R= 20.000 A= 17.801 C= 17.219 T= 9.539 TANGENT BRG (IN & OUT) S 88-54-42 E S 40-05-31 W RADIUS POINT 3 10018.919 10057.090 P.C. - P.T. 2 N 65-35-25 E 17.219 4 10006.039 10072.390 RADIAL BRG (IN & OUT) S 49-54-29 E N 34-28-11 W DELTA: 15-26-18 R= 51.500 A= 13.877 C= 13.835 T= 6.981 TANGENT BRG (IN & OUT) N 40-05-31 E S 55-31-49 W RADIUS POINT 5 9972.872 10111.788 P.C. - P.T. 4 N 47-48-40 E 13.835 6 10015.330 10082.641 6 N 0-30-36E 83.110 7 10098.437 10083.380 7 N 88-54=42 W 82.500 8 10100.004 10000.895 8 S 0-30-36W 100.010 9 9999.997 10000.005 CLOSING POINT: 9 10000.000 10000.000 N63 -06-18W 0.006 CLOSING LINE 354.018 DISTANCE TRAVERSED 63575.775 PRECISION AREA: 8087.02 Square Feet 0.1857 Acres LOT 35 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36 W 83.110 2 9916.893 9999.260 RADIAL BRG (IN & OUT) S 34-28-11 E N 37-32-08 E DELTA: 72-00-19 R= 51.500 A= 64.722 C= 60.546 T= 37.421 TANGENT BRG (IN & OUT) N 55-31-49 E N 52-27-52 W RADIUS POINT 3 9874.435 10028.408 P.C. - P.T. 2 S 88-28-02 E 60.546 4 9915.274 10059.784 4 N 55-50-10 E 144.800 5 9996.588 10179.597 5 N 88-54-42 W 179.630 6 10000.000 9999.999 CLOSING POINT: 6 10000.000 10000.000 N 66-19-45 E 0.001 CLOSING LINE 472.262 DISTANCE TRAVERSED 560690.271 PRECISION AREA: 9616.52 Square Feet 0.2208 Acres Page 4 Haven Cove No. 7 Subdivision LOT 36 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 S55 -50-10W 144.800 2 9918.686 9880.187 RADIAL BRG (IN & OUT) S 37-32-08 W N 84-18-38 E DELTA: 46-46-30 R= 51.500 A= 42.043 C= 40.886 T= 22.273 TANGENT BRG (IN & OUT) S 52-27-52 E N 5-41-22 W RADIUS POINT 3 9877.848 9848.811 P.C. - P.T. P.C. - P.T. 2 S 29-04-37 E 40.886 4 9882.953 9900.057 4 S 89-26-48 E 98.810 5 9881.999 9998.863 5 N 0-33-12 E 118.000 6 9999.993 10000.002 CLOSING POINT: 6 10000.000 10000.000 N 18-02-37 W 0.007 CLOSING LINE 6 10000.006 403.653 DISTANCE TRAVERSED CLOSING POINT: 57902.022 PRECISION 10000.000 AREA: 8662.40 Square Feet 0.1989 Acres LOT 37 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 89-26-48 W 98.810 2 10000.954 9901.195 RADIAL BRG (IN & OUT) S 84-18-38 W S 48-43-16 E. DELTA: 46-58-06 R= 51.500 A= 42.217 C= 41.045 T= 22.376 TANGENT BRG (IN & OUT) S 5-41-22 E N 41-16-44 E RADIUS POINT 3 9995.849 9849.948 P.C. - P.T. 2 S 17-47-41 W 41.045 4 9961.873 9888.651 4 S 48-44-00 E 146.400 5 9865.313 9998.692 '5 N 0-33-12 E 134.700 6 10000.006 9999.993 CLOSING POINT: 6 10000.000 10000.000 S 47-34-18 E 0.009 CLOSING LINE 422.127 DISTANCE TRAVERSED 44744.321 PRECISION AREA: 9292.23 Square Feet 0.2133 Acres Page 5 L Haven Cove No. 7 Subdivision LOT 38 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 48-44-00 W 146.400 2 10096.560 9889.959 RADIAL BRG (IN & OUT) N 48-43-16 W S 38-57-36 W DELTA: 87-40-52 R= 51.500 A= 78.812 C= 71.343 T= 49.457 TANGENT BRG (IN & OUT) S 41-16-44 W S 51-02-24 E RADIUS POINT - 3 10130.536 9851.256 P.C. - P.T. 5 S 44-28-40 E 11.771 7 10107.043 2 S85 -07-10W 71.343 4 10090.490 9818.874 4 S 0-30-36W 92.840 5 9997.654 9818.048 5 N 80-06-28 E 22.290 6 10001.483 9840.006 6 S 89-28-07 E 160.000 7 10000.000 9999.999 CLOSING POINT: 7 10000.000 10000.000 N 51-42-31 E 0.001 CLOSING LINE 500.342 DISTANCE TRAVERSED 667613.287 PRECISION AREA: 11183.92 Square Feet 0.2567 Acres LOT 39 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 1-07-53 E 124.240 2 10124.216 10002.453 2 S 88-54-42 E 56.210 3 10123.148 10058.653 RADIAL BRG (IN & OUT) S 1-05-18 W N 52-05-05 E DELTA: 50-59-47 R= 20.000 A= 17.801 C= 17.219 T= 9.539 TANGENT BRG (IN & OUT) S 88-54-42 E N 37-54-55 W RADIUS POINT 4 10103.152 10058.273 P.C. - P.T. 3 S 63-24-49 E 17.219 5 10115.442 10074.052 RADIAL BRG (IN & OUT) N 52-05-05 E S 38-57-36 W DELTA:- 13-07-29 R= 51.500 A= 11.797 C= 11.771 T= 5.924 TANGENT BRG (IN & OUT) S 37-54-55 E N 51-02-24 W RADIUS POINT 6 10147.088 10114.681 P.C. - P.T. 5 S 44-28-40 E 11.771 7 10107.043 10082.299 7 S 0-30-36 W 92.840 8 10014.206 10081.472 8 S80 -06-28W 82.710 9 9999.997 9999.992 CLOSING POINT: 9 10000.000 10000.000 N 69-11-12 E 0.008 CLOSING LINE 385.598 DISTANCE TRAVERSED 46059.530 PRECISION AREA: 9248.88 Square Feet 0.2123 Acres Page 6 Haven Cove No. 7 Subdivision LOT 40 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 0-30-36 E 146.130 2 10146.124 10001.301 2 S 88-54-42 E 80.000 3 10144.605 10081.286 = 3 S 1-07-53 W 124.240 4 10020.389 10078.833 4 S 75-30-16 W 81.430 5 10000.007 9999.995 CLOSING POINT: 5 10000.000 10000.000 9999.998 S 35-30-00 E 0.008 CLOSING LINE CLOSING POINT: 6 431.800 DISTANCE TRAVERSED 10000.000 N 33-02-14 W 0.003 CLOSING 53300.838 PRECISION AREA: 10715.75 Square Feet 0.2460 Acres 172080.459 PRECISION LOT 41 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 0-30-36 E 146.130 2 10146.124 10001.301 2 N 88-54-42 W 80.000 3 10147.644 9921.315 3 S 0-30-36W 100.010 4 10047.638 9920.425 4` S 29-46-48 E 93.200 5 9966.746 9966.715 5 N 45-01-48 E 47.050 6 9999.998 10000.001 CLOSING POINT: 6 10000.000 10000.000 N 33-02-14 W 0.003 CLOSING LINE 466.390 DISTANCE TRAVERSED 172080.459 PRECISION 48240.853 PRECISION AREA: 11961.08 Square Feet 0.2746 Acres 0.2046 Acres LOT 42 BLOCK 11 STARTING POINT: 1 10000.000 10000.000 1 N 88-54-42 W 69.800 2 10001.326 9930.213 RADIAL BRG (IN & OUT) S 1-05-18 W N 89-29-24 W DELTA:- 90-34-42 R= 20.000 A= 31.618 C= 28.427 T= 20.203 TANGENT BRG (IN & OUT) N 88-54-42 W N 0-30-36 E RADIUS POINT 3 9981.329 9929.833 P.C. - P.T. 2 S 45-47-57 W 28.427 4 9981.507 9909.834 4 S 0-30-36 W 79.800 5 9901.711 9909.123 5 S 88-54-42 E 90.000 6 9900.001 9999.107 6 N, 0-30-36 E 100.010 7 10000.007 9999.997 CLOSING POINT: 7 10000.000 10000.000 S 21-38-43 E 0.008 CLOSING LINE 371.228 DISTANCE TRAVERSED 48240.853 PRECISION AREA: 8911.92 Square Feet 0.2046 Acres Page 7 Haven Cove No: 7 Subdivision LOT 43 BLOCK 11 STARTING POINT: 1 10000.000 1 S 88-54-42 E 90.000 2 9998.291 2 S 29-46-48 E 93.200 3 9917.399 3 N 88-54-42 W 137.020 4 9920.001 4 N 0-30-36 E 80.000 5 9999:998 CLOSING POINT: 5 10000.000 N 78-26-51 E 0.010 CLOSING LINE 400.220 DISTANCE TRAVERSED 4 N 63-01-52 E 40451.909 PRECISION 5 9940.224 AREA: 9080.97 Square Feet 0.2085 Acres LOT 44 BLOCK 11 10000.000 10089.984 10136.274 9999.278 9999.990 10000.000 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36 W 102.610 2 9897.394 9999.087 RADIAL BRG (IN & OUT) S 89-29-24 E S 79-52-11 W DELTA: -10-38-25 R= 40.000 A= 7.428 C= 7.418 T= 3.725 TANGENT BRG (IN & OUT) S 0-30-36 W N 10-07-49 W RADIUS POINT 10000.000 3 9897.038 10039.085 P.C. - P.T. 9998.101 2 , N 88-54-42 W 80.000 3 2 S 4-48-37 E 7.418 4 9890.003 9999.709 4 N 63-01-52 E 110.740 5 9940.224 10098.406 5 N 34-00-52 E 68.980 6 9997.401 10136.994 6 N 88-54-42 W 137.020 7 10000.004 ,9999.998 CLOSING POINT: 360.000 DISTANCE TRAVERSED 7 10000.000 10000.000 S 25-06-32 E 0.004 CLOSING LINE 426.778 DISTANCE TRAVERSED 104684.604 PRECISION AREA: 9423.90 Square Feet 0.2163 Acres LOT 14 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18 W 100.000 2 9900.018 9998.101 2 , N 88-54-42 W 80.000 3 9901.538 9918.115 3 N 1-05-18E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.00 Square Feet 0.1837 Acres Page 8 Haven Cove No. 7 Subdivision LOT 15 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18W `100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 - 3 N 1-05-18 E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80:000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 0.1837 Acres 0.1837 Acres 360.000 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.00 Square Feet 0.1837 Acres LOT 16 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18 W 100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 3 N 1-05-18 E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED >100000000 PRECISION >100000000 PRECISION AREA: 8000.00 Square Feet- 0.1837 Acres 0.1837 Acres LOT 17 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18 W 100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 3 N 1-05-18 E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.00 Square Feet 0.1837 Acres Page 9 Haven Cove No. 7 Subdivision LOT 18 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1, S 1-05-18 W 100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 - 3 N 1-05-18 E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED 360.000 DISTANCE TRAVERSED >100000000 PRECISION >100000000 PRECISION AREA: 8000.00 Square Feet AREA: 8000.00 Square Feet 0.1837 Acres LOT 19 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18W 100.000 2 9900.018 9998.101 ' 2 N 88-54-42 W 80.000 3 9901.538 9918.115 3 N 1-05-18E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED 360.000 DISTANCE TRAVERSED >100000000 PRECISION >100000000 PRECISION AREA: 8000.00 Square Feet AREA: 8000.00 Square Feet 0.1837 Acres LOT 20 BLOCK 12 4 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18 W 100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 3 N 1-05-18 E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.00 Square Feet 0.1837 Acres Page 10 Haven Cove No. 7 Subdivision LOT 21 BLOCK 12 STARTING POINT: 1 10000.000 10000.000 1 S 1-05-18W 100.000 2 9900.018 9998.101 2 N 88-54-42 W 80.000 3 9901.538 9918.115 - 3 N 1-05-18E 100.000 4 10001.520 9920.014 4 S 88-54-42 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 AREA: 9691.68 Square Feet 0.2225 Acres N 49-45-49 W 0.000 CLOSING LINE 360.000 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.00 Square Feet 0.1837 Acres LOT 1 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 95.210 2 9998.192 10095.193 RADIAL BRG (IN & OUT) S 1-05-18 W S 89-29-24 E DELTA: 89-25-18 R= 20.000 A= 31.214 C= 28.141 T= 19.799 TANGENT BRG (IN & OUT) S 88-54-42 E N 0-30-36 E RADIUS POINT 3 9978.195 10094.813 P.C. - P.T. 2 S 44-12-03 E 28.141 4 9978.017 10114.812 4 S 0-30-36 W 61.390 5 9916.630 10114.266 RADIAL BRG (IN & OUT) N 89-29-24 W S 78-29-39 E DELTA: 10-59-45 R= 20.000 A= 3.838 C= 3.832 T= 1.925 TANGENT BRG (IN & OUT) S 0-30-36 W N 11-30-21 E RADIUS POINT 6 9916.808 10094.267 P.C. - P.T. 5 S 6-00-28 W 3.832 7 9912.818 10113.865 7 N 88-54-42 W 114.640 8 9914.996 9999.245 8 N 0-30-36 E 85.000 9 9999.992. 10000.002 CLOSING POINT: 9 10000.000 10000.000 N 13-46-14 W 0.008 CLOSING LINE 391.292 DISTANCE TRAVERSED 49804.952 PRECISION AREA: 9691.68 Square Feet 0.2225 Acres Page 11 Haven Cove No. 7 Subdivision LOT 2 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 114.640 2 9997.823 10114.619 RADIAL BRG (IN & OUT) N 78-29-39 W S 14-29-08 E DELTA: 64-00-31 R= 20.000 A= 22.343 C= 21.199 T= 12.499 TANGENT BRG (IN & OUT) S 11-30-21 W N 75-30-52 E RADIUS POINT 3 10001.812 10095.021 P.C. - P.T. 2 S 43-30-36 W 21.199 4 9982.448 10100.024 RADIAL BRG (IN & OUT) S 14-29-08 E S 74-01-07 W DELTA:- 91-29-45 R= 51.500 A= 82.241 C= 73.776 T= 52.862 TANGENT BRG (IN & OUT) S 75-30-52 W N 15-58-53 W RADIUS POINT 5 9932.585 10112.906 P.C. - P.T. 4 S 29-45-59 W 73.776 6 9918.406 10063.396 6 S 84-55-20 W 135.240 7 9906.436 9928.687 7 N 39-39-03 W 19.670 8 9921.581 9916.136 8 N 0-25-18 E 40.010 9 9961.590 9916.430 9 N 65-18-56 E 91.980 10 10000.002 10000.005 CLOSING POINT: 10 10000.000 10000.000 S 65-33-48 W 0.006 CLOSING LINE 506.124 DISTANCE TRAVERSED 91975.425 PRECISION AREA: 12341.48 Square Feet 0.2833 Acres LOT 3 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 N 84-55-20 E 135.240 2 10011.970 10134.709 RADIAL BRG (IN & OUT) N 74-01-07 E S 28-18-54 W DELTA:- 45-42-13 R= 51,500 A= 41.080 C= 40.000 T= 21.703 TANGENT BRG (IN & OUT) S 15-58-53 E N 61-41-06 W RADIUS POINT 3 10026.149 10184.219 P.C. -,P.T. 2 S 38-50-00 E 40.000 4 9980.811 10159.791 4 S28 -18-54W 119.520 5 9875.591 10103.101 5 N 39-39-03 W 161.570 6 9999.991 10000.002 CLOSING POINT: 6 10000.000 10000.000 N 12-10-59 W 0.009 CLOSING LINE 457.410 DISTANCE TRAVERSED 52347.530 PRECISION AREA: 11091.01 Square Feet 0.2546 Acres Page 12 Haven Cove No. 7°Subdivision LOT 4 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 N28 -18-54E 119.520 2 10105.220 10056.691 RADIAL BRG (IN & OUT) N 28-18-54 E S 20-40-05 E DELTA:- 48-58-59 R= 51.500 A= 44.028 C= 42.700 T= 23.461 TANGENT BRG (IN & OUT) S 61-41-06 E S 69-19-55 W RADIUS POINT 3 10150.558 10081.118 P.C. - P.T. RADIUS POINT 3 10155.307 9941.413 2 S 86-10-36 E 42.700 4 10102.372 10099.295 4 S 20-40-05 E 114.490 5 9995.251 10139.705 5 S73 -12-02W 113.430 6 9962.467 10031.116 6 N 39-39-03 W 48.760 7 10000.010 10000.002 CLOSING POINT: 7 10000.000 10000.000 S 8-47-12W 0.010 CLOSING LINE 59025.452 PRECISION 440.228 DISTANCE TRAVERSED AREA: 13806.26 Square Feet 0.3169 Acres 44509.969 PRECISION AREA: 12123.41 Square Feet 0.2783 Acres LOT 6 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 N 20-40-05 W 114.490 2 10107.122 9959.590 RADIAL BRG (IN & OUT) N 20-40-05 W S 66-22-18 E DELTA:- 45-42-13 R= 51.500 A= 41.080 C= 40.000 T= 21.703 TANGENT BRG (IN & OUT) N 69-19-55 E S 23-37-42 W RADIUS POINT 3 10155.307 9941.413 P.C. - P.T. 2 N 46-28-48 E 40.000 4 10134.666 9988.596 4 S 88-54-42 E 104.140 5 10132.688 10092.717 5 S 0-30-36 W 104.990 6 10027.702 10091.782 6 S 73-12-02 W 95.870 7 9999.993 10000.004 CLOSING POINT: 7 10000.000 -10000.000 N 30-35-48 W 0.008 CLOSING LINE 460.570 DISTANCE TRAVERSED 59025.452 PRECISION AREA: 13806.26 Square Feet 0.3169 Acres Page 13 Haven Cove No. 7 Subdivision LOT 6 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 N88 -54-42W 100.010 2 10001.900 9900.008 2 SO -30-36W 59.740 3 9942.162 9899.476 RADIAL BRG (IN & OUT) N 89-29-24 W S 66-22-18 E - DELTA: 23-07-06 R= 51.500 A= 20.780 C= 20.639 T= 10.533 TANGENT BRG (IN & OUT) S 0-30-36 W N 23-37-42 E RADIUS POINT 4 9942.620 9847.978 P.C. - P.T. 2 S 45-47-57 W 28.427 4 9981.697 3 S 12-04-09 W 20.639 5 9921.979 9895.161 5 S 88-54-42 E 104.140 6 9920.001 9999.282 6 N 0-30-36 E 80.000 7 9999.998 9999.994 CLOSING POINT: 7 10000.000 10000.000 N 69-55-36 E 0.006 CLOSING LINE S45 -47-57W 0.010 CLOSING LINE 364.670 DISTANCE TRAVERSED 371.238 DISTANCE TRAVERSED 58148.909 PRECISION 37171.875 PRECISION AREA: 8027.65 Square Feet 0.1843 Acres 0.2046 Acres LOT 7 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 N 88-54-42 W 79.800 2 10001.516 9920.214 RADIAL BRG (IN & OUT) S 1-05-18 W N 89-29-24 W DELTA:- 90-34-42 R= 20.000 A= 31.618 C= 28.427 T= 20.203 TANGENT BRG (IN & OUT) N 88-54-42 W N 0-30-36 E RADIUS POINT 3 9981.519 9919.835 P.C. - P.T. 2 S 45-47-57 W 28.427 4 9981.697 9899.835 4 S 0-30-36 W 69.800 5 9911.900 9899.214 5 S 88-54-42 E 100.010 6 9910.001 9999.206 6 N 0-30-36 E 90.010 7 10000.007 10000.007 CLOSING POINT: 7 10000.000 10000.000 S45 -47-57W 0.010 CLOSING LINE 371.238 DISTANCE TRAVERSED 37171.875 PRECISION AREA: 8912.85 Square Feet 0.2046 Acres Page 14 Haven Cove No. 7 Subdivision LOT 8 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 80.210 2 9998.477 10080.196 RADIAL BRG (IN & OUT) S 1-05-18 W S 89-29-24 E DELTA: 89-25-18 R= 20.000 A= 31.214 C= 28.141 T= 19.799 TANGENT BRG (IN & OUT) S 88-54-42 E N 0-30-36 E RADIUS POINT 1 S 88-54-42 E 100.010 3 9978.480 10079.816 P.C. - P.T. 10099.280 3 N88 -54-42W 100.010 4 9920.003 9999.288 2 S 44-12-03 E 28.141 4 9978.302 10099.815 4 S 0-30-36 W 70.210 5 9908.095 10099.190 5 N88 -54-42W 100.010 6 9909.994 9999.198 6 N 0-30-36E 90.010 7 10000.001 9999.999 CLOSING POINT: 7 10000.000 10000.000 S 44-12-03 E 0.001 CLOSING LINE 371.654 DISTANCE TRAVERSED 302509.859 PRECISION AREA: 8917.51 Square Feet 0.2047 Acres LOT 9 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 100.010 2 9998.100 10099.992 2 S 0-30-36 W 80.000 3 9918.104 10099.280 3 N88 -54-42W 100.010 4 9920.003 9999.288 4 N 0-30-36E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 37-43-30 W 0.000 CLOSING LINE 360.020 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.39 Square Feet 0.1837 Acres LOT 10 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 88-54-42 E 100.010 2 9998.100 10099.992 2 S 0-30-36 W 80.000 3 9918.104 10099.280 3 N88 -154-42W 100.010 4 9920.003 9999.288 4 N 0-30-36E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N 37-43-30 W 0.000 CLOSING LINE 360.020 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.39 Square Feet 0.1837 Acres Page 15 Haven Cove No. 7 Subdivision LOT 11BLOCK 17 POINT: 1 10000.000 10000.000 .STARTING,_ 1 S 88-54-42 E 100.010 2 .9998.100 10094.9923 2 S 0-30-36,W 180:000 3419918.104 10099.280 — 3 N88 -54-42W 100.010 4 9920.003 9999.288 - 4 N -0-30-36 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.,000 -:N 37-43;30 W 0:000 CLOSING LINE :360:020 DISTANCE TRAVERSED , b >100000000 PRECISION AREA: : 8000.39 Square Feet 0.1837 Acres ' -LOT -12 BLOCK 17 g `STARTING POINT: 1 10000.00010000.000 1 S88 -54-42E 100.010 2 9998.100. 10099.992 2' S 0=30-36 W 80.000 3 9918.104 10099.280 3 N 88-54-42 W 100.010, 4 9920.003. " 9999.288 4 N 0-30-36 E 80.000 5 10000.000 10000.000 CLOSING POINT: 5 10000.000 10000.000 N-37-43-30 W 0.000 CLOSING LINE 360.020 DISTANCE TRAVERSED >100000000 PRECISION AREA: 8000.39 Square Feet 0.1837 Acres Page.16 Page 18 Haven Cove No. 7 Subdivision LOT 13 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36 W 86.230 2 9913.773 9999.232 RADIAL BRG (IN & OUT) N 89-29-24 W S 28-58-34 W DELTA: 118-27-58R= 20.000 A= 41.352C= 34.370T= 33.594 TANGENT BRG (IN & OUT) S 0-30-36 W S 61-01-26 E RADIUS POINT 3 9913.951 9979.233 P.C. - P.T. 2 S 59-44-35 W 34.370 4 9896.455 9969.544 4 N 61-01-26 W 70.160 5 9930.444 9908.167 RADIAL BRG (IN & OUT) N 28-58-34 E N 76-01-09 W DELTA: 75-00-17 R= 20.000 A= 26.182 C= 24.352 T= 15.348 TANGENT BRG (IN & OUT) N 61-01-26 W S 13-58-51 W RADIUS POINT 6 9947.940 9917.856 P.C. - P.T. 5 N 23-31-18 W 24.352 7 9952.772 9898.448 RADIAL BRG (IN & OUT) N 76-01-09 W N 84-27-34 E DELTA:- 19-31-17 R= 51.500 A= 17.547 C= 17.462 T= 8.859 TANGENT BRG (IN & OUT) N 13-58-51 E S 5-32-26 E RADIUS POINT 8 9965.214 9848.474 P.C. - P.T. 7 N 4-13-12 E 17.462 9 9970.187 9899.733 9 N 0-30-36 E 31.710 10 10001.895 9900.015 10 S88 -54-42E 100.010 11 9999.996 10000.007 CLOSING POINT: 11 10000.000 10000.000 N60 -35-57W 0.009 CLOSING LINE 373.191 DISTANCE TRAVERSED 43699.551 PRECISION AREA: 9068.58 Square Feet 0.2082 Acres Page 17 Haven Cove No. 7 Subdivision LOT 14 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S 0-30-36 W 166.740 2 9833.267 9998.516 RADIAL BRG (IN & OUT) S 84-27-34 W N 16-16-21 W DELTA: -100-43-55 R= 51.500A= 90.542C= 79.324T= 62.178 TANGENT BRG (IN & OUT) N 5-32-26W N 73-43-39 E RADIUS POINT 3 9828.294 9947.256 P.C. - P.T. 2 N 55-54-24 W 79.324 4 9877.731 9932.826 4 N 16-16-22 W 97.640 5 9971.460 9905.466 5 N 73-12-02 E 98.750 6 10000.001 10000.002 CLOSING POINT: 6 10000.000 10000.000 S 71-43-28 W 0.002 CLOSING LINE 10000.000 453.672 DISTANCE TRAVERSED 262853.333 PRECISION 397.830 DISTANCE TRAVERSED AREA: 9301.51 Square Feet 0.2135 Acres LOT 15 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S16-16722 E 97.640 2 9906.272 10027.360 RADIAL BRG (IN & OUT) S 16-16-21 E N 61-58-34 W DELTA:- 45-42-13 R= 51.500 A= 41.080 C= 40.000 T= 21.703 TANGENT BRG (IN & OUT) S 73-43-39 W N 28-01-26 E RADIUS POINT 3. 9856.835 10041.790 P.C. - P.T. 2 S 50-52-32 W 40.000 4 9881.031 9996.329 4 N 61-58-35 W 116.070 5 9935.565 9893.867 5 N 0-30-36 E 32.480 6 9968.044 9894.157 6 N 73-12-02 E 110.560 7 9999.998 9999.998 CLOSING POINT: 7 10000.000 10000.000 N 48-22-16 E 0.003 CLOSING LINE 397.830 DISTANCE TRAVERSED 153154.255 PRECISION AREA: 9599.96 Square Feet 0.2204 Acres Page 18 r Haven Cove No. 7 Subdivision N LOT 16 BLOCK 17 STARTING POINT: 1 10000.000 10000.000 1 S61 -58-35E 116.070 2 9945.466 10102.461 RADIAL BRG (IN & OUT) S 61-58-35 E S 72-19-12 W DELTA:- 45-42-13 R= 51.500 A= 41.080 C= 40.000 T= 21.703 r TANGENT BRG (IN & OUT) S 28-01-25 W N 17-40-48 W. RADIUS POINT 3 9921.270 10147.923 P.C. - P.T. 2 S 5-10-18 W 40.000 4 9905.629 10098.856 4 S 72-19-12 W 104.930 5 9873.762 9998.882 5 -N 0-30-36 E 126.240 6 9999.997 10000.005 CLOSING POINT: 6 10000.000 10000.000 N 59-10-57 W 0.006 CLOSING LINE 388.320 DISTANCE TRAVERSED 62467.220 PRECISION AREA: 8322.63 Square Feet 0.1911 Acres Page 19 26 August 1998 Glen Blaser P. 0. Box 3023 Boise, ID 83703 RE: Haven -Cove #7 Dear Glen: RECEIVE]) AUG 3 i 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has inspected the pressure irrigation system on the above mentioned project. It appears to be adequate to meet the requirements of the District. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent PUTS - Clinton City of. Meridian Bitterroot --Construction APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 F®rst -Secure"t Bank® IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-0008170-9008 ISSUED IN Boise, Idaho on 17 JUL 1998 BENEFICIARY: City of Meridian 33 E. Idaho Ave. Meridian,1 ID 83642 AMOUNT: USD ***14,575.00 -- FOURTEEN THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00/100 UNITED STATES DOLLARS RECErVED J U L 17 1998 CITY OF MERIDIAN APPLICANT: Glenn F. Blaser P.O. Box 3023 Boise, Idaho 83703 DATE AND PLACE OF EXPIRY: 15 JUL 1999 Our counters. U We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank, N. A... International Department 999 Main Street, 3rd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: v 1. Beneficiary's written statement, signed by a person purportedly authorized by the beneficiary that Glenn F. Blaser has not completed seven street lights and 1600 lineal feet of fencing on Haven Cove_Sutidivisio" n_No 7! 2. The original of this Letter of Credit. Drafts drawn under this Lettersof Credit must bear the clause: "Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. S-0008170-9008 dated July 17, 1998." We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 83702 Telephone (208) 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUS51 A financial services company of First Security Corporation k a First Security Bank"' IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-0008170-9008 ISSUED IN Boise, Idaho on 17 JUL 1998 BENEFICIARY: City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 AMOUNT: USD ***14,575.00 FOURTEEN THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00/100 UNITED STATES DOLLARS 1?Fc,ETvED J U L 17 1998 CITY OF MERIDIAN APPLICANT: Glenn F. Blaser P.O. Box 3023 Boise, Idaho 83703 DATE AND PLACE OF EXPIRY: 15 JUL 1999 Our counters. We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank, N. A. International Department 999 Main Street, 3rd Floor Boise, Idaho 83702. BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: 1. Beneficiary's written statement, signed by a person purportedly authorized by the beneficiary that Glenn F. Blaser has not completed seven street lights and 1600 lineal feet of fencing on Haven Cove Subdivis'ion No 7? 2. The original of this Letter of Credit. Drafts drawn under this Letter'of Credit must bear the clause: "Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. S-0008170-9008 dated July 17, 1998." We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 83702 Telephone (208) 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUS51 A financial services company of First Security Corporation First Security Bank.- date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS `AGAINST CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS NOT PERMITTED. L/C #: S-0008170-9008 PAGE 2 This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. AUTHORIZED SIGNATURES) DERRY, L DOS" LpTTof GREOff SPECIALST First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 83702 Telephone (208) 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUS51 A financial rservices company of First Security Corporation I FECErVED Interwest Sprinkler and Irrigation Co. 1695 E, Meadow Wood Drive J U L 17 1998 Meridian, Idaho 83642 CITY OF MERIDIAN Phone 887-3918 14 July,1998 I will install a perimeter fence around Haven Cove Subdivision No. 7 similar to the one that we installed around Haven Cove No. 5 for the sum Twenty Seven Hundred and Fifty dollars ($2,750.00). This fence will be for the purpose of catching paper and other construction debris from being blown all over the ajoining neighborhoods. I would like to go over the location of the fence with someone from planning and zoning in Meridian so that I will be sure to get the fence in the proper location. I will install the fence next week. -13 .0 k0 ff." DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and MERIDIAN LAND DEVELOPMENT COMPANY, LLC, party of the second part, hereinafter called the "DEVELOPER", whose address is P. O. Box 3023, Boise, ID 83703. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in lawand/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full;' and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may anter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RA and has submitted a subdivision preliminary plat for said property which has been recommended, for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 WHEREAS, DEVELOPER deems it to be in its best interest, to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to, -the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,.4QQ square feet of floor space, exclusive of garages. 3. That the property zoned $A, described in "Exhibit A", shall have lot sizes of at least eight thousand (B M) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the B:4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 2 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the'City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. z, 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering' Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 3 vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their, individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered .Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. '10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable' time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the ° CITY shall order after 'conference, with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12: That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Oco4mnl. V within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 4 service to said property allowed, and its decision shall be' final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and terming, and fencing. In the event of DEVELOPER's failure to complete such installation; the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created.herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 5 15. That DEVELOPER agrees, that no Certificates of Occu=ccy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof, and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at theTfollowing address: CITY of Meridian: DEVELOPER: City Engineer Meridian Land Development Co.. LLC City of Meridian P. O, Box 3023 33 East Idaho Boise --ID 803 Meridian, ID 83642 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT I Page 6 DATED the date, month and year first appearing. DEVELOPER: MERIDIAN LAND D .VELOPM NTC 1 C" By: Name: _ Glenn F. Blaser Title: Managing Member L -IM Name: Michael S. Campbell Title:__ Managing Member f CITY OF MERIDIAN BY Robert D. Come, Mayor By William G. Berg, Jr., City Clerk 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. h County of Ada ) On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Tenn F_ Bliser and Michael S_ Camabcll, known, or proved to me, to be the_Managing Members of said Limited Liability Company that executed this instrument and the persons who executed the said instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. A IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this:certificate first above written. R Notary Public for Idaho Residing at: (SEAL) My Commission Expires: I I STATE OF IDAHO) , ss. County of Ada ) On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal, the day and year in this certificate first above written. Notary Public for Idahoy Residing at: (SEAL) My Commission Expires: 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 8 EXHIBIT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MERIDIAN DIAN L ND DEVELOPMENTCO-LLC This subdivision is for a maximum of M single-family dwelling units with an overall density of U1 dwelling units per acre. The DEVELOPER shall: { 1. Tile all ditches, canals and waterways; including those that are property boundaries or only Partially located on the property, with the exception of the Eight Mile Lateral, for which the DEVELOPER has been given a variance; 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines; 3. Construct curbs, gutters, sidewalks and streets to and within the property to Ada County r Highway District and City of Meridian standards; t 4. Dedicate the necessary land from the centerline of Pine Avenue for public right-of-way, including necessary bike lanes; 3 5. Inform lot owners that they may have to pay any development, impact or transfer fee adopted by the CITY at the time of request for building permits; 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY, as well as all representations made by the DEVELOPER and DEVELOPER's representative at public meetings; 7. Provide a twenty -foot (20') landscaped strip along Pine Avenue to be maintained by the Homeowners Association, and allow no encroachment of said strip; 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and any downstream water users associations submitted to the City, prior to obtaining building permits; EXHIBIT "B" 7/20%98 -HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 of 2 9. Provide and install perimeter fencing (except where such requirement has been waived in writing by the City), -street signs, and street lights prior to obtaining building permits (in the case of phased development, temporary fencing to contain construction debris shall be installed prior to obtaining building permits); 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C; and 11. Install permanent, six-foot-high; non-combustible fencing along the Eight Mile Lateral, which fence shall be installed at the easement line unless appropriate encroachment approvals are recorded and submitted' to the CITY. EXHIBIT "B" 7/20/98 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 2 of 2 MERIDIAN CITY COUNCIL MEETING: JULY 21 1998 APPLICANT: MERIDIAN LAND DEVELOPMENT CO. ITEM NUMBER: REQUEST: DEVELOPMENT AGREEMENT FOR HAVEN COVE NO.7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED AGREEMENT 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: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 3 0 tb day 9JUNE 1994, by and between the CITY OF MERIDIAN, a municipal corporauon.of the State'of Idaho, party of the first part, hereinafter called the "CITY", and Meridian Land Dev . Co . ems,_ of the second part, hereinafter called the "DEVELOPER", whose address is , P , o , Box 3023 Boise-I-dal3o--83703 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of, Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of $-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to. said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, HAVEN COVE SUBDIVISION N07 DEVELOPMENT AGREEMENT Rev. 10/18/94 Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and. WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1 • That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1'400 square feet of floor space, exclusive of garages. 3. That the property zoned R4, described in "Exhibit A", shall have lot sizes of at least eight thousand ($,M) square feet, which is the size represented at the City hearings, and shall meet all of, the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 10/ 18/94 HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT Page 2 electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Enginoer. 9. . That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. � DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular, or special meeting of the City Council and unless the DEVELOPER -has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, kthat any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, fandscaping and berming, and fencing. In Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. Y DEVELOPMENT AGREEMENT Page 4 the event of DEVELOPER's failure to complete such installation, the CITY may install such, improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no Certificates of OccuDancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates if Occupancy shall be issued `in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. y DEVELOPMENT AGREEMENT Page 5 • � t 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Meridian Land Development Co .. LLC . City of Meridian P. o. Box 3023- 33 023-33 East Idaho Boise, Idaho 83703 Meridian, ID 83642 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to.de-annexation if`the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. Rev. 10/18/94 HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 6 T 129 S. Eagle Fliglit Way Boise, IU 83709 (208) 378-6387 Fax (208) 378-0025 A parcel of land being a portion of the South 1/2 of the NW 1/4 of Section 11, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cop marking the Southwest corner of said NW 1/4 of Section 11, thence along the Southerly boundary of said NW 1/4 of Section 11 and the centerline of West Pine Street, South 89'10'57" East 1983.96 feet to an iron pin on the extended westerly boundary of Haven Cove No. 5 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 72 of Plats at pages 7383 and 7384; thence leaving said Southerly boundary and centerline and along said Westerly boundary, North 00'33'12" East 816.09 feet to an iron pin marking the REAL POINT OF BEGINNING; thence North 89'28'07" West 160.00 feet to an iron pin; thence South 80'06'28" West 105.00 feet to an Iron pin; thence South 75'30'16" West 81.43 feet to an iron pin; thence South 45'01'48" West 47.05 feet to an iron pin; thence South 34'00'52" West 68.98 feet to an iron pin;' thence South 63'01'52" West 110.74 feet to on iron pin marking a point of curve; thence along a non tangent curve to the left 25.27 feet, said curve having a central angle of 36'11'59", a radius of 40.00 feet. tangents of 13.07 feet and a long chord of 24.85 feet bearing South 28'13'48" East to an iron pin; thence along a non tangent line South 28'58'34" West 51.31 feet to an iron pin, thence North 61,'01'26" West 243.37 feet to an iron pin marking a point of curve; thence along a curve to the right 38.96 feet, said curve having a central angle of 43'20'38", a radius of 51.50 feet, tangents of 20.47 feet and a long chord of 38.04 feet bearing North 39'21'07" West to an iron pin; thence along a non tangent line South 7219'12' West 104.93 feet to an iron pin; thence North 00'30'36" East 158.72 feet to an iron pin; thence North 39'39'03' West 230.00 feet to an iron pin;. thence North 00'25'18' East 40.01 feet to an iron pin; thence North 65'18'56' East 91.98 feet to an iron pin; thence North 00'30'36' East 85.00 feet to an Iron pin; thence North 48'56'56' East 74.52 feet to an iron pin; thence North 01'05'18' East 100.00 feet to an iron pin on the Northerly boundary of the South 1/2 of the Northwest 1/4 and tr Southerly boundary of Haven Cove No. 4 ds filed for record in the office of the Ada. Couaty_Becorder_.Boise, Idaho, in Book 69 of-,PkR4 et pagesa7061, 7062 and 7063; thence along said ,Northerly and Southerly boundaries South 88'54'42" East 640.00 feet to an iron pin on the Westerly boundary of Haven Cove No. 6 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 72 of Plats at pages 7425 and 7426; thence leaving said Northerly and Southerly boundaries and along said Westerly boundary the following courses and distances; thence South 01'05'18" West 100.00 feet to an iron pin; thence South 10'12'43" West 50.64 feet to an iron pin; thence South 00'33'12" West 100.00 feet to an iron pin on the Southerly boundary of said Haven Cove No. 6 Subdivision; thence leaving said Westerly boundary and along said Southerly boundary South 88'54'42" East 240.01 feet to an iron pin on said Westerly boundary of Haven Cove No. 5; thence leaving said Southerly boundary and along said Wester) boundary South 00'33'12" West 252.70 feet to the point of beginning, comprising 11.32 acres more or less.�� Pacific Land Surveyors, a division of �tR([�htgiitrst {� ., an Idaho corporation DATED the day, month and year first appearing. DEVELOPER: CITY OF MERIDIAN By: Robert D. Come, Mayor By: William G. Berg, Jr., City Clerk 0 a HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT PAGE 7 STATE OF IDAHO) ss. County of Ada ) t • ``N A 1 rR On this 10 day of , 1998, beforeme, the undersigned, a Notary Public in and for said State, personally. appea d Glenn F. Blaser and Michael S. Campbell, known, or proved to me, to bethe Managing Members of said Limited Liability Company that executed this instrument and the persons who executed the said insstrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. JN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first written above. PL& Notary Public for Idaho Residing at: i3 n ,:s o T 1Q a -�v My Commission Expires: /QL& fesT STATE OF IDAHO) ss. County'Of Ada ) I On this day of , 1998, before me. -the undersigned, a Notary Public in said State, personally appeared Robert D. Corrie and William G. Berg, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said limited liability company, and acknowledged to me that the said City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, the day and year in this certificatefirst above written. Notary Public for Idaho Residing at: My Commission Expires: (SEAL) HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT PAGE 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MERIDIAN LAND DEVELOPMENT CO. LLC. This subdivision is for 41 single-family dwelling units with an overall density of 3.7 dwelling units per acre. The developer shall: 1. Extend and construct water and sewer line extensions to serve property and connect to Meridian water and sewer lines. 2. Construct curbs, gutters, sidewalks and streets to and within the property to Ada County Highway District and City of Meridian standards. 3. Inform lot owners that they may have to pay any development, impact or transfer fee adopted by the CITY at the time of request for building permits. 4. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances for the CITY. 5. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and any downstream water users associations submitted to the City. 6. Provide perimeter fencing, except where such requirement has been waived in writing by the City, prior to obtaining building permits. EXHIBIT 'B" HAVEN COVE SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT PAGE 1