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HomeMy WebLinkAboutThousand Springs Village PPHUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E Victory Road West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: For Accountable Mail T1 rn a w cn ? w '- -+ O CD w v 0) Cn - w N 1 ' z " a D/ Na3 CL or CLU) W OD CD CD D7 ID �m J" A O-o R <. w aO w -• N �No 00 d 0�(� C ( -A d C Gy t.NO N oNo w-3 �O "Nr0+ C 0NN0 O� LA � C `83 w ���H� Y tri Cri tri tri H e �. wQ • RO C CO z C7 z C] h7 -��z� p C z ;� tn�� a �RDtri >d�t�� tri >CO pH RD �° C C O �C rr�a���o w � Wim' No o- r r yo�or�dW�x r rtrir �zHa W �, Y H H o�y �y o m �+ CDam tai tri tri. td tri tri 00 Oqri w O O`7 tri O xr tr1 Hr d D aM< �y o�oyyoy`z�oyyoy�Yr� 'y5 �C -�C � rr�yo y ) �N_ 17�C7xCJC7xC7zO > 0 n d O a O O 0 `D cn vC� =me T > y d d�dQd�p�N '0 A g ��� a Oc� a CD rrn 0 z z zzzzz vH a z z z z z ° �! d o d A d xZxx OW CD Cr O O O O O 0CAnp> H O °a aD ®❑❑a M CD p 00 W 00 w 00 W 00 W 00 w O ? > p O O �i O 00 w V O y y C �'Ch d Y 00 W 00 W 00 W O 00 W ON NCD W ° 0 j 31 n °c O Q WON a\ ON O� OS O\ O, A 00 O O, A ON -gip' v.� m CJD a@_-0 a � 110 coo -P,A O w �l CD Q N V _ a CD a 2 < m ❑❑ 03 1 U - K Q two �. 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W y0 J 3 00CDD w paJ3 O D y __ m C,). vw oa3 com=ooc m ° 3 . 3 _ . 7 °- J y w5.CD Mm CL x c /D ar °d3 CD CD • 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 12, 1999, for the purpose of reviewing and considering the application of Martin Development Inc. for annexation and zoning of approximately 21.54 acres of land which is generally located north of E. Victory Road, west of S. Eagle Road. The application requests a zone of R-4. Further the applicant requests preliminary plat approval of the parcel of land above described for 53 single-family residential lots for proposed Thousand Springs Village. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21St of December, 1998. WILLIAM G. BERG, JR , CI CLERK ��YrktlFliflt��� PUBLISH December 23rd, 1998 and January 6th , 1999. ONf„. l F �L lcowwa E. VICTORY ROAD '�W% N W; 300 0 300 600 900 Feet BRIGGS ENGINEERING, INC. N t _ BOUNDARY (TVP) , i [� I 1 ` I RT o ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 3449700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 DESIGN DRAFT BKB LLI DATE 1 1123/98 4�5�° PR0RC1 jS 1981007.APR SQ tri 15 14 13 12 11 10 g BLKSITE E. ZIMS STREET 8 VCREEK S 9 10 11 12 4 7 BL 1 2STREET5 E. SHEEPBL W? 5 4 3 4 3 2 1 Z a� 6 vi Q 2 w E. LOON CREEK DRIVE 6 5 4 3 2 1 d 4 3 2 1 BL 3 BL 2 ZQ13 p Z 4DRIVEL E. BARTH 14 RT lcowwa E. VICTORY ROAD '�W% N 300 0 300 600 900 Feet BRIGGS ENGINEERING, INC. N THOUSAND SPRINGS VILLAGE REVISION BRIGGS SE 1/4 SECTION 20, T3N, RIE, BM ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 3449700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 DESIGN DRAFT BKB SCALE I l,'= 3W DATE 1 1123/98 DWG. NO. 1 981007 1981007.APR TRUEST FOR SUBDIVISION APPRGO- AL PC-11-i'YVED RELIMINARY PLAT AND/OR FINAL PLAT DEC 0 2 1998 CITY OF MERIDIAN PLANNING AND ZONING COMMISSION PLANNING & ZONING TIME TABLE FOR SUBMISSION: ILE -q%- 104 A request for preliminary plat approval must be in the City Clerks 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 that 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: Thousand Springs Village 2. General Location: SE'/4 SE IA Section 20, T3N, R1E 3. Owners of record: Vernetta Hastings & Gordan Harris (888-2472 - Harris) Address: 2910 Victory & 2825 S. Eagle Meridian, Zip 83642 Telephone 888-3874 Hastings 4. Applicant: Martin Development, Inc. Address: 6236 E. Hunt Avenue, Nampa , Zip 83687 Telephone 463-0209 5. Engineer, Kathy Stroschein Firm Briggs En ineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Martin Development, Inc. Address 6236 E. Hunt Avenue, Nampa, Idaho 83687 Telephone 463-0209 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 19.427 2. Number of building lots: 53 3. Number of other lots: 7 4. Gross density per acre: 3.09 5. Net density per acre: 2.728 6. Zoning Classification(s): R-4 (proposed) 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain Masters\Meridian\Subappl-mer (1) 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. 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 must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. Masters\Meridian\Subappl-mer (2 ) . 12. What school(s) ses the area? Mary McPherson , do you propose any agreements for future school sites? No , Explain 13. Are there any other proposed amenities to the City? No , Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family 16. 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 SF d. Has landscaping been provided for: Yes , Describe 40 feet adjacent to Eagle Road e. Will trees be provided for? Yes, Will trees be maintained ? Homeowner's Assoc. f. Are sprinkler systems provided for? Yes g. Are there multiple units ? No Type: Remarks: h. Are there special set back requirements ? Yes Explain: 22 foot front yard setback (20' from back of sidewalk) i. Has off street parking been provided for ? Yes Explain: Garages and driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: Attached 17. 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. 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 must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. Masters\Meridian\Subappl-mer (2 ) • • BRIGGS ENGINEERING■ Inc■ 1800 West Overland Road Boise, Idaho 83705 — 3142 ENGINEERS / PLANNERS /SURVEYORS Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@Compuserve.com STATEMENT OF COMPLIANCE THOUSAND SPRINGS VILLAGE SUBDUVUSIUUB All proposed streets are public and will be constructed to Ada County Highway District Standards and City of Meridian Requirements. The street right-of-way widths are 50 feet with a 36 foot improved section from back of curb to back of curb and 5 foot sidewalks offset 4 feet from back of curb. 2. The proposed development plan is in conformance with the Meridian Comprehensive Plan. The area is designated as mixed residential development. The proposed plan consists of 53 single family residential lots. The development will connect to central sewer and water facilities which will be extended through Thousand Springs Subdivision. The preliminary plat complies with the dimensional standards of the R-4 zone. All lots exceed 8,000 square feet and meet the street frontage requirement of 80 feet with exception of those lots on ninety degree corners and cul-de-sacs. All applicable easements are reflected on the preliminary plat. Street names are either in alignment with proposed streets within Thousand Springs Subdivision or have been approved by the Street Name Committee from a master list. 7. Staff needs to review block length. Based upon staff's determination, the applicant will submit a request for a waiver or variance from the City Council. Please advise the applicants' representative of staff's determination. 8. The subject parcel is 19.427 acres and is currently zoned RT. The preliminary plat consists of 53 single family dwelling lots and 7 common lots. The total common area is 1.171 acres. A pocket park is located in the northwest corner consisting of 25,582 square feet. The lot will also be used for storm drainage detention. A micro -path connection along the north boundary to Thousand Springs Subdivision has been provided. The two stub streets along the east boundary of Thousand Springs have been extended into the development. A 40 foot landscape buffer has been provided adjacent to Eagle Road. 9. No traffic study is required for projects with less than 100 lots. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. B cuff Land Use anner BLB:fc 981007\Statement-compliance ZONE BOUNDARY (TYP) E. VICTORY ROAD ----------------- W J *0'%b R1 RT 4,'�' N RT �HplJs 5 ply QRO Rll�j�5 SUB9lV Se 1 16 15 �14 113 112 11 10 18 9 SITE BLK 1 E. ZIMS STREET 8 1 900 Feet 19 ~ BRIGGS ENGINEERING, INC. THOUSAND SPRINGS VILLAGE 7 8 9 10 11 12 BLE 1 BRIGGS E. SHEEP 7 1 CREEK BL 4 W LU 5 4 3 2 STREET1 6 5 4 3 2 1 Z d � 6 (208) 344-9700 co 4 DESIGN DRAFT BKB 2 uj E. LOON CREEK DRIVE DATE 11/23/98 DWG. NO. 981007 U) Z 9 8 7 6 5 4 3 2 1 a 4 T32 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 003 Q BL 3 4 g 10 11 12 Z j OO 13 Z 5 E. DBURG vi Q CO RT 17 16 E. BARTH DRIVE BL T 15 14 18 E. VICTORY ROAD ----------------- W J *0'%b R1 RT 4,'�' N 300 0 300 600 1 900 Feet BRIGGS ENGINEERING, INC. THOUSAND SPRINGS VILLAGE REVISION BRIGGS SE 1/4 SECTION 20, T3N, R1E, BM ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 344-9700 DESIGN DRAFT BKB SCALE 1"=300, DATE 11/23/98 DWG. NO. 981007 \981007.APR 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 :pp * r�F Ni Ali 4\ � a i -0 R1 9 VRaAUPo;. 3n �cmrEnc s�1w1°W:ems RO!Ul' u. 1W. MLW-o•WB WO.�•Q r1 DESCRIPTION. FOR . 0 FARWEST DEVELOPMENT VILLAGg AT 1000 SPRINGS NOVEMBER 12, 1998 A parcel of land lying in the SE % of the SE % of Section 20, Township.3 North, Range.1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commepcing at the southeast comer of Section 20, T.3N., R.1 E., B. M., thence N 0000018" W 779.44 feet along the east line of the SE % of the SE % to a point; Thence N.89047'41" W 25.00 feet.to a point.on the westerly. right of way.of S. Eagle Road, said point being the REAL POINT OF BEGINNING of this description; Thence pontinuing N 89°47'41" W 783.57 feet to a point; Thence S 00°11'31" W 400.91 feet a point; Thence X170°09'32" W 193.14 feet to a point; Thence N 69030'47" W 138.63 feet to a point; Thence P 84017'13" W 119.57 feet to a point; Thence S 51029'58" W 83.95 feet to a point; Thence,S 75038'58" W 34.74 feet to a point on the west line of the SE % of the SE %; Thence N 00°11'31" E 930.84 feet to the northwest comer of the SE % of the SE Thence P 89050'56" E 876.01 feet along the north line of the SE % of the SE % to a point; Thence S 00000'18" E 200.00 feet to a point; Thence.S 89°50'56" E 435.60 feet to a point on the westerly right of way of S. Eagle Road; Thence S 00000'18" E 370.58 feet along the westerly right of way of S, Eagle Road to the REAL PAINT OF BEGINNING of this description; Said parcel of land contains 19.214 acres more or less. Michael �E. Marks, P.L.S. No. 4998 981007\village.des STATE OF IDAHO ) ss COUNTY OF ADA ) I Name IFIDAVIT OF LEGAL INTEREST rl� 2825 5 m Address /,�) ti t i /dQ-il , being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner -of the property described on the attached, and I grant my permission to (name (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this / day of �� , 19 /eme nature) SUBSCRIBED AND SWORN Jo befhe day an ar first above written. Notary Public f Idato Residing at i My Commission Exp 5 I • 0 /AFF"DAVIT OF I. dGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) V � ,� fy-,�k ;L910 Vickrul Name Alldress I K , being first duly sworn upon (city) (state) oath, depose and say: That I am -the re o -1-A► er -A the-p-opPrty_described on_thP allschect, and 1 -grant my - permission to +l� �`4. ,fin Gly�YYI��A �,1 �'t(,�,. — �y Z3� 1�2t V►-fil�. i� a Irl (name) �' h (address) W � D MMf1Inc to submit the nc;or� ipanying application pertaining to that property. 2. 1 agree to indemnify, defend and sic Id the City of Meridian and it's employees hz,,,nless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. n Dated this 1 day of�`c� , 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary PUblIC fo .Idahq , A ' Residing at ,T,l-(� My Commis cion expires: 5 WARRANTY DEED �------ --90 OG166 f'ur Value I,','ceived GORDON M. HARRIS and MARY A. HARRIS, husband and wife, ! the rantor s . do hereby ;;rant. bargain. sell and Convey unto i REO L. HASTINGS and VERNETTA HASTINGS, husband and wife, and HOWARD 161. ANDREASEN the grantee 5 , the following described premises. in Ada Ccnulty Idaho• to -u it: i Commencing at the Southeast corner of Section 20, T. 3 N., R. 1 E_, Boise Meridian; thence along section line N. Oc3' West 779.51 feet; thence N. 89058'50" West 25.0 feet to the real point of beginning - thence N. 89058'50" West 1313.91 feet to the 1/10 line; thence S-'0008'17" West along the 1/16 line 361.51 feet to a point in the center of a canal; thence following the center of the canal the following courses; the N. 75037' E. 34.74 feet to a point; thence N. 51028' E. 83.95 feet to a point; thence N. 84°18'15' E. 119.57 feet to a point; thence S. 69032145" E. 138.63 feet to a point; thence S. 70011'30" E. 254.48 feet to a point; thence S. 63024' E. 87.80 feet to a point; thence S. 68135'15" E. 38.40 feet to a point; thence N. 64°26'45" E. 142.18 feet to a point; thence S. 84059'15" E. 169.02 feet to a point; thence S. 74006'15" E. 113.67 feet to a point; thence S..68°56'15" E. 207.43 feet to a point; thence". 72002'30" E. 11.43 feet to a point; thence N. 0003' W. 523.75 feet to the real point of beginning, containing an area of 12.0 acres. Reserving in Grantor, however, an easement to construct a single ditch or lay a single pipe across said hereinbefore described real property for the purpose of conveying water, which ditch or pipe shall be located j at a reasonable place convenient to the Grantees. TO HAVE AND TO HOLD the said premises. •.:i;h their appurtenances unto the said G_intee S. their heirs, and assigns fur^ver. And thC1 said Grantor s du hereby cotenant to . with the said. Grantees . that they arethe s in fk•e simple of said premise:: that they are free from all incumbrances and that t hey will warrant and defend the same from all iatyful claims whatsoever. Dated: September 3, 1970. STATE OF IDAHO, COUNTY OF ADA 3rd day of September to 70• t•efore mc, a notary public• in and for raid Statc, nersonalh- i appeared GORDON M. HARRIS and MARY A. HARRIS,.,-bd!tband and wife, j ` : 1 ,.:. known to me to _beIh6­pers4y yahc;,a,aox•S are v suhserila•d to ttus�5t� in�ru�•nt� yl,d acknoa•lcd;:c,i to I me that `% th ' VNveut"! line. j :rotary Public re dill, :It Boise . Idaho 17-3 r;.pi,•,•, �6 I STATE of IDAHO. cct;xTY OF Ada � 2. J herby certify that this ?nstrume.nt was filed for record at >R the request of I•farie gaily i .r :It 10 II:i,;U1­S past 12 ,i clock 1P- n,.. •`/' thi. 3rd > ,r I-1 y V. 1:+ 71• in Inv o:^.ice. and iuly reconicd in Rook of Decd. at pal;c i Pees $ 1.00 ,rail to: 1912 Hervey Tr'37 r . __ .. Poise, n}YJ 8, 107 WARRANTY DEED. r C/ / ✓ ••d��� ? •�" v THIS INDENTURE, made this _2.3rd_ _.__ day of ._..October. .. ,. . ,..... , 19 70, between ..DAYLE..A._. SANDERSON, .a. tyido.wer.. ...and. -FRANK .D._WARR..and .BEULAH _ .WARR, his. wire, .formerly ... doing- bus iness._as..American... Sales .Company,.._. of Idaho ;; alis , County of Bonneville .. I , State of .... Idaho the part ies of the first part and . REO .i,..IIASTINGS, .iI married..ma—, ..... . of County of . Ada. State of ..Idaho the part Y of the second part, WITNESSETH, that the said part .-les of the first part, for and in consideration of the sum of TNN ... AND ..NO/100-----.--------. -- -------------. --- --- ----.Dollars lawful money of the United States of America...and, other good and valuable. considerat}on to .them.... in hand paid by the part y of the second part, the receipt whereof is hereby acknowledged, ha Ve granted, bargained, sold, and by these presents, do g. -ant, bargain, sell and convey and confirm unto the said part V. of the second part, and to his heirs and assigns, forever, all the following described real estate, situated in County of Add State of Idaho, to -wit: Beginning at a point which is North 89036' West along the Section line 948.16 feet from the Southeast corner of Section 20, Township 3 North, Range 1 East, Boise Meridian, and running thence North 89036' West 190.00 feet; thence North 501.20 feet; thence North 840184' East 16.89 feet; thence South 69029 and three-fourths minutes East 138.63 feet; thence South 70008,' East 46.08 feet; thence South 439.99 feet to the point of beginning. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belong- ing or ;n anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; and all estate, right, title and interest in and to the said property, as well in law as in equity of the said part ies.. of the first part. TO HAVE, AND TO HOLD, all and singular the above mentioned and described premises together with file appurtenances ttnto the party of the second part, and to his heirs and assigns forever. And the said part ies of tiler first pant, and their . hrtrs, the said premises in rhe quirt and peaceable possession of the said part y. . of the second part, his heirs and assigns, against the said part ies of the first part, and their heirs, and against all and every person and persons whomsoever, lawful;y claiming or to claim the same shall and will warrant and by these presents forever defend. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set their hands and seals the day and year first above written. Executed and Delivered in the Presence of [SEAL] 1 Z/ice W, ARRANTY,DEED al ii 6. F"- 9 , For Valuelved FRANK D. W and BEULAH B. WARR,usbandpand wife an A.'SANDERSONd MAW A. SANDERSON husband and. wife, doing business; as Ameri 'an Sales Company, �' the grantors do hereby grant, barn, sell aiM conLey unto CORDON M ;HAR!�5 arid MARY A',, I?LMIS, husband' and wife, o 4 p� e the Qrantee a, 'the following described pi�niaeA, in ...... _:.Ada ..:. ouAnty Idaho l�owit IW Commencing et the SE corner, .of' lection � Toins4p 3 North,',-, Range 1:East,'.Bois Meridtan; thence Mg aection;llne,NoFth '13.50 4�„feet..to the 1/16n coiner; thence N. 89°50'55” W,, 25cO0 (I feet ,to'the;-real.point, of beginning; thence N. 89°.50'59" W„ 435.,60 feet'to'e point;•'thence South.200.00 feet to a point; thence S '•-89056'55" E. 435.60 feet to a point;'thence North • 200.00 feet to' the real. point of beginning, 6ontain�ng;2:00 F sErea Together withall water, water ri5hts,,'ditches and ditch ;• .1 ri'ghts:of,way `appurtenant thereto or connected theit!rlth.'', 1 1 TO HAVE AND TO HOLD the said premises, with their appurtenances unto( the ,said Grantee e, their nein and assigns forever. And the said Grantor a do' hereby covenant. to and witli the said Grantees, that t he y are the owner a In fee simple of said premises that they are free Ifivm allencumbrancea �; 1 I and that the 9 will) warrant and defend the sameirom all l wful claims whatsoeve f� IDated: OCtObe rTL�• 1963• ;. " a , L� �.c/nil5tii. f, l; •,' I,,�, �/�iL� �/�� 4yi-s„c isf�a r'iy .�•1 ji`�::.il� PHONE: (208) 364-2277 FAX: (208) 364-2406 • • ADA COUNTY DEVELOPMENT SERVICES 650 MAIN STREET, BOISE, IDAHO 83702 BUILDING 0 ENGINEERING 0 PLANNING 9 ZONING November 19, 1998 Becky Bowcutt Briggs Engineering, Inc. 1800 W Overland Road Boise Idaho 83705-3142 Re: Reserving Existing Subdivision Name - THOUSAND SPRINGS VILLAGE SUBDIVISION Dear Becky: Your use of the term "THOUSAND SPRINGS" to make your subdivision name is acceptable as long as you meet the requirements of Idaho Code 50-1307: (1.)be the person or corporation who recorded the previous plat of "THOUSAND SPRINGS SUBDIVISION, or, record the consent of the person or corporation who recorded the original plat of "THOUSAND SPRINGS SUBDIVISION"; and, (2.) be considered adjacent to the original or previously platted area. If you record a consent letter it must contain a proper statement for consent. You may need to have the letter signature notarized in order to record. Once you have meet these requirements I see no reason why you cannot use the name. Reservation is not needed. If you have any questions please call. Sincerely, .John E. Priester, P.E.L.S. r% County Surveyor JP/jp UCT-d 7 -?8 THU 14:25 A AISAL WEST 33" -87 P.05 ASSOCliXED EARTH SC'ENGES INC. - BIULvGY - GEOLOGY • Et ,INEERING • SOIL SURVEYS • X AND WATER QUALITY • RESOURCE PLANNING AND SITE It IVES i IGATIONS 4696 Overland Rd., Sulte 516 Boise, Idaho 83705 (208) 330-6661 July 26, 1997 Gordon Harris 2825 S. Eagle Rd. Meridian, ID 83642 Bear Gordon: This reportpertains to Vic inves jg tion of soil physiczl r )perlies wid soil internal drainage on your property thea lies in a part of the N2 of the !�F r, Section 20, T -1N, RIE, 13M, Ada Co., ldabo. 'the purpose of the investigation; was to , termine soil characteristics and soil. drainage suitability for underground sep,ie drainfield and replacement areas. Three backhoe nits (test holes) were excavated and logged (described), in representative areas, in an effort to determine the potential t'or suitable (aerrnitted) septic drainfields on the 15 acre site. Field notes are attached. Soil textures, soil colo. s (as indicators of internal soil drains >,e), slowly permeable or s estrictive layers, rooting depth, and depth to free water (v ater tall" I), if any, v ire all considered in this study. "Design Soil Subgroup" classification was d, termined for each soil layer identified rising soil textures, soil structure, cementatio11 (hardpan), an ' ompaction as the basis. Tile following table will summarize IN s,.ritability of th ; three. test holes for potential drainfie.ld sites: Test Hole Current Depth to Seasonal high Groundwater Design Soil subgroup of Rt':eiving Soil CA Type of Draixtfield System Recommended '"* Sand Filter-Intrench 'k* Sand Filter-lntrench TH1 * 108"+ T.142 * 116".+ C-1 T143 * 141"+ 13-2 ** Sand Filter-Intrench The very moist soil bel. 90" in THl and gleyed and mottled colors below 112" in T143 indicate the possibility of free ater up to those depths during the peak irrigation period (July - early Septernbt r). All three test pits should be monitored for , Vater table depth, if any, at 10 day intelrvais tcom now until September 15, 1997. * A one foot thick cap (ca;)ping fill) would be benefi^ial on the arainfield areas. The cap should consist of coil of similar texture to the upper natural soil. OCT -07-9:r! THIS 14:25 APPO SAL WEST 336- a* P. 06 AL, ,oil Evaluation Eva s:aL-ioat fiaLe �2�_4 i quesl:r~a byto Johnson ot• Gordon liariis �-9.. Phone888-2472 ----------- ity lleri UALI of Siz'-i - 2.5+ acres State Ic'ahoo -- 'Lir) Cod} 83642 —`- --- - Bedrooms _4 _ parcel _15 uv q ,-es ,ga 1 I -, >criptiotl Pari: of N2 . SE,,L Secticq 2„ _._ .— --� -�_.-- - ope �jt� Evaluatryd By ._ _.- .,yen H. q% rL Cps; --- 0-14" 14-39" 39-70" 70-79" I 79-90" 90-108" Pit I'll1 -Sllty clay loam (307. Q, IOYR 3/4, many fine roots, common "led rm and coarse rots, -1 p in S )iI Su- h--��d12 Silty clay loam (3li%+ C), t0Y1: 4/3, common fine roots, C-11 Indurated hardpan, extremely ha, d and no fractures, no roots, m'table Gravelly sandy loam (5-107o C), 15-20% gravel, IOYR 4/4, no roots, 3-1 Very gravelly coarse sandy loam (5-10% C), 35 to 50% gravel, IOYR 4/4, rto roots, Moist, BB2 Extremely gravelly coarse sand (<5q Q, 65 % + gravel, variegated color, very Hoist, no roots, ,tt15 W hle 0-13" 13-24" 2 i -36" 36-88" 88-98" r8-116„ laj . 'I rl2 Silty clay loam (.30,; C), IOYR 3/4, many fine roots, f'�w medium and coarse roots, Cy j - Silty clay loam (30% C), 7.5YR 414, many tine and few medium roots, tC- i Sandy loam (10% Q, I OYR 514, 'common fine roots, B_I Alternating strongi. cemented and indurated hardpan, fractured, few fine roc, in fractures, arts i • le Loamy cOa se sand (5% C), variegated color, no roots, A-2ft ,;atremeiy gravelly. coarse sand (C 5 % C), variegated color, no t gots, slightly 1410ist, un i b 0-i4" 1,1-30" 30-42" 42-1001, 100-112" 112-141" 141 "4 - Pit TH3 Silty clay loam (30% Q. IOYR 314, many fl, , rol its, few medium and coarse roots, (n ; Silt loam ('25% L), IOYR 4/4, common fine roots, few medium and coarse roots, BB2 Weak to moderately cemented hardpan, fractured, few fine roots in fractures, unsuitable Alternating strongly cemented and indurated hardpan, fractured, no roots, unsi,iit l Fine sandy loam (5- 10% C), IOYR 4/4, mo roots, UI Weakly cemented sandy foam (5% C), 2.5Y 514 matrix, 5YR 516 mottles, no roots, C- 1 Very gravelly loamy coarse sand (< 57o C), gleyed and mottled, no roots, A-21) - No free water (water sitblc.) to 108" depth, but very moist belo v 90". Installed PVC pipe (monitoring well) • 140 free watar f W11tPr .�t.I-j OCT -07-98 THU 14:23 APPWSAL I•JEST 333 _ P.02 4696 <s'. ei 1jind Rd., Suito !16 Ehi 1, ie Martin Mal' 1,oil, Inc. 623().E. Hunt Ave. Nampa, ID 83687 Dear Elaine: ASSOC.tATJE',D FARTH SCIENCES INC. BIOLOGY • GEOLOGY • FN-WEERINU ' SOIL SURVEYS • ,50% AND IYATER QVAOTY • RFSOURCE PLANNING AM SUE NVEST'IGATIO S Boise. Idaho 81105 ___.___� o iL3Jf•Bbbl September. 18, 1998 Enclosed you will find a copy of the soil in,-estigation report that I prepared for Gordon Harris, 7/2' 197, on the subject 15 acre property. Also enclosed is a copy of the nnonitoring well readings that Mr. Harris recorded for the period 8/11/97 through 10/5/97. I have marked the approximate locations of the thr-e monitoring wells on the map that you sent to me. Precipitation in 1991 was av-rage or above and. the supply of irrigation w Iter was normal so it is my opinion that the monitoring wells gave a trt r 1•'icture of Internal drains ,,e conditions for the soils on the 15 acres. No water tattle occurred in tj a three test pits. If you o-welop the property in tbrt�e 5 acre lots, as shown O! : he plat map you sent, the three test pits should suffice. The three PVCpipes pipes (nnonitori.ng wells) are still on the property and could be monitored further, if necessary. You may.. -want to doi ible.clieck with Central District Health Department if septic tank drainag ;ysterns are to be used. They may require additional test holes to permit the draintielos or at least a copy of my soil investigation report. .AJso, if you need a storm drainage facility you n: -1v need a test hole or two where that is to be located. J.t you .have any questions o1 need further assistance fs'orn me, please call (208) 336-8661, office. or (208) 375-7565, home. Sincerely, ✓� J Glen H. I_:ogan Certified Professional Soil Scientist OC:T-07-9:: THU 14:24 A ,AISAL WEST oa P. -- ------- .-.------- L_ 0 Ia A ASSOCIATED EARTH SCIENCES INC BIOLOGY • GEOLOGY • ENGINEF'RING • SOIL SURVEYS • SOIL AND WATE : QUALITY , • RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd Suite 516 Boise, Idaho 83763 (208) 336-8661 September 28, 1998 Marty Goldsmith Farwest Developers 4550 W. State St. Boise, ID 83703 Dear Marty: An investigation of soil physical characteristics and internal sail drai lag, on 40 acres in SENE of Section 29, T3N, RIE and 4 acres in part of the SESE of Secti m '20, T3N, RIE, BM, Ada County, was completed 9/4/98 an ? 1/22/98. Monitoring wells were ins!alled in the eight representative test holes, on these two sites for measuring water tables tl :it way occur. The water table levels were recorded at the time of excavation and a second time th ee days later. More monitoringwill ill be done once each month next irrit;at;on season (May - C pteinber, 1999). On the forty acre parcel six test hol, s were located as shown on the attached vicinity map. Also three test holes are s',-)wn on the map ror the four acre parcel. Field notes for soil descriptions of the total eight holes are also attached. All six test holes on the 40 acre parcel had wat :r tables; whereas, all three test holes on the 4 acre parcel were dry (see charts below). 40 i ere Parcel Test Hole # 9/22/98 9/25/98 1 Water table at 53" depth. Water table at 58" depth. 2 Water table at 46" depth. Water table at 35" depth. 3 Water table at 70" depth. Water table at 71" depth. 4 Water table at 92" depth. Water table at 95" depth. 5 Water table at 92" depth. Water table at 90" depth. 6 Water tat lie at 4 5" depth. Water table at 42" depth. A Acre P:,rcel Test Hole # 7/22/98 9/25/98 1 Dry to I08". Dry to 108". 2 Dry to 114". Dry to 114". Dry to 108". 3 Di v to 108". Water levels in the irrigation canal on the south side of the 40 acres, the small lateral in the northeast part of the property, and the Ridenbaugh Canal about 1/8 mile west of the 40 acres, all were at their maximum levels at the times of measurement of water in the test holes. Irrigation of the corn field on the 40 acres had ceased August 25, 1998, while irrigation of the pasture on the property had continued. Taking this into consideration; I hojieve the water tables, as measured 9/22 and 9/25/98, were at their maximum heights. More monitoring will be done next irrigation season to confirm this. The 4 acre parcel appears to be well drained as there was no indication of high water table in th-1 three test holes. A small irrigation lateral borders the 4 acres on the south side and has water in it, but does not appear to affect the internal di ainage of soils on the 4 acres. At this time, I am of the opinion that no dwellings wiih basements should be attempted on the 40 acre parcel. Houses with crawl spaces, only should wo k, but footings should not be placed below about 18" to 24" from the ground surface. Monitoring next irrigation season will confirm or disprove my opinions. At this time, it appears water table is not a problem on the 4 acre parcel and dwellings with basements should be ok. Again, monitoring next ii rigatior season will confirm this. If you have any questions on this repor , please call me at (208) 336-8661, officer; or (208) 375-7565, home. Sincerely, Clen H. Logan Certified Pro ssional Soil Scientist AES Soil Evaluation Evaluation Date 9/4&9122/98 Requested by Marty Goldsmith, Fzrwest D: velopers Phone: (208) 388-0189 Address 4550 W. St_= to St. City. Boise State Idaho Zip Code 83703 Lot Size ----- Bedrooms _----- Parcel 40 acres Legal Description SENE Section 9 T3N RiE BM, Ada County ID Slope 0-1% Evaluated By Glen H. Logan, CPSS Additional in'o: TH1 - Free water (water table) at 53" below ground surface. Source of water is nearby irrigation canal. TH2 - Free water (water table) at 46" below ground surface. Source of water is nearby small irrigation laieral. TH3 - Free water (water table) at 7 a' below ground surface. Pit TH I Pit T112 Pit TH3 0-11" Loam (10-15% C), 0-10" Silt loam (256/o C), 0-1 1" Silt loam (25% I OYR 4/6, few fine 10YR 3/3, many C), IOYR 3/4, roots. fine roots. many fine roots. 11-2k.) Fine san,'y loran Silty clay loam 11-20" Silt loam (25% (10% C), 10) i2 10-25" ' ". 0% C), 1 OYR C), 10YR 3/3, 4/4, no roots. 3/3, many fine common fine roots. roots. 26-44" Fine sandy loam (10% C), l OYR Silty clay loam 20-37" Silty clay loam 4/6, no roots. 25-36" (30%Q, IOYR (30% C), IOYR 3/4, many fine 4/4, few fine 411-106" Gravelly coarse roots. roots. sand (<5% C), variegated color, Gravelly sandy 37-50" Silt loam (15% I no roots. 36-65" clay loam (20',o C), IOYR 5/4, few i C), l OYR 4/4, fine roots. compact, com non fine roots 50-69" Gravelly sandy loam (10% C), 6.3 -1 16" Very grty lly. 10YR 4/4, no sandy l a. i (10% roots. C), IOYR 5/4, few fine roots. 69-99 Very gravelly ! loamy coarse sand (5 % C), j variegated color, 1 no roots. 99-110" Extremely gravelly coarse sand (<5% C), variegated color, no roots. Additional in'o: TH1 - Free water (water table) at 53" below ground surface. Source of water is nearby irrigation canal. TH2 - Free water (water table) at 46" below ground surface. Source of water is nearby small irrigation laieral. TH3 - Free water (water table) at 7 a' below ground surface. AE: S '1 of E �'uation vas Evaluation Date 9/4&9/22/98 Requ(,sted by_ Marty Goldsmith, Farwest Uev -hogers Phone: (208) 388-0189 Address 4550 W. State St. City , Boise State Idah) Zip Code 83703 L)t Size ----- Bedrooms ----- Parcel 40 acres Lggal Description SENI;. Section 29, T3N, R1E, BM, Adz County, ID Slope 0-1°s Evaluated By Glen H. Logan, CPSS Additional info: TH4 - Free water (water table) at 92" below ground surface. This test hole is in center of 40 acres, away from laterals and canal. TH5 - Free water (water table) at 92" below ground surface. TH6 - Free water (water table) at 45" below ground surface. Source of water is nearby irrigation canal. Pit 'TH4 Pit TH5 Pit TH6 0-12" Silt loam (20% C), 0-12" Silt loam (20% C), 0-11" Silt loam (20% 10YR 3/4, many l OYR 3/4, many C), IOYR 3/4, fine and few fine and few common fine medium roots. medium roots. roots. 12-.,'2" Silty clay loam '-34" Silt loam (25% C), 11-28" Silt loam (15-20% (30% C), lOYR I OYR 4/4, few C ), 1 OYR 4/4, 4/4, few fine roc s. Line roots. few fine roots. 32-48" Fine sandy loam 34-51" Sandy loam (10% 28-11 Silty clay loam (10% C), IOYR C), IOYR 5/4, few (30% C), IOYR 7/3, compact, no fine roots. 5/4, no roots. roots. 51-60" Strongly cemented 42-84" Extremely 48-62" Vere gravelly hardpan. gravelly coarse coarse sand (5- sand (<5% C), 10% C), l OYR 4/6, 60-1 '4" Ex .remely gravelly variegated color, no roots. coarse sand (<5% no roots. C ), variegated 62-108" Extremely gravelly color, rj roots. coarse sam.l (<5% C), varieg-ited color, no oots. Additional info: TH4 - Free water (water table) at 92" below ground surface. This test hole is in center of 40 acres, away from laterals and canal. TH5 - Free water (water table) at 92" below ground surface. TH6 - Free water (water table) at 45" below ground surface. Source of water is nearby irrigation canal. AES Soil Evaluation Evaluations Date 9/4&9/22/98 Requested by Marty Goldsmith, Farvest Deeelopers Phone: (208) 388-0189 Address 4550 W. State St. City Boise State Idaho Zip Coae 83703 Lot Size ----- Bedrooms ----- Parcel 4 acres Legal Description Past of SESE Sectit:n 20, T3N, R1E, BM, Ada County,TD Slope See Below Evaluated By Glen H. Logan, CPSS 2% ,'lo a Pit TH1 1% Sloe Pit TH2 2% Sloe Pit TF13 0-13" Silt loam (20% CJ, 0-12" Silt loam (20% C), 0-11" Silt loam (20% 10YR 3/4, many 10YR 3/4, many C), l OYR 3/4, fine and few fine, medium and many fine and. medium roots. coarse roots. medium and coarse roots. 13-24" Silt loam (25% C), 12-33" Silty clay loam IOYR 4/4, (35"/) C), IOYR 11-84" Indurated hard - common fine and 3/6, n -iny fine pan, no roots few medium roots. roots, few medium below 20". and coarse roots. 24-33" Very fine sandy 84-100" Weakly cemented, loans (15% C), 33-85" Indurated and very compact and IOYR 6/3, few .i,.e strongly cemented dense. roots. hardpan, fractured, few fine roots in 33-77" Indur ited in top 2", upper 6". strongly cemented belcw, no rootF. 85-114" Loamy coarse sand (5% C), 77-108" Coarse sandy loam 10YR 5/4, no (` -10% C), 1 OYR roots. 4/4, no roots. iN dditional info: TH1 - ',To free water (dry) to 108" depth. TH2 - No free water (dry) to 114" depth. TH3 - No free water (dry) to 100" depth. WILSON & MCCOLL LAWYERS JEFFREY M. WILSON 420 WEST WASHINGTON BRIAN F. McCOLL POST OFFICE BOX 1344 BOISE. IDAHO 83701 October 2, 1998 Elaine Martin Marcon, Inc. 6236 E. Hunt Ave. Nampa, Idaho 83687 Dear Elaine and Marty: TELEPHONE (208) 348-9100 FACSIMILE (208) 384-0442 E-MAIL: wkdOad=M Marty Goldsmith Farwest L.L.C. 4550 W. State Street Boise, Idaho 8370.3 Enclosed is a copy of the preliminary title policy. Title is clear. Yours sincerely, I:lGil BFM/rj Enc. -L •OMMITMENT FOR TITLE INSUA-. ORDER NUMBER: 98077601 TC SCHEDULE A 1. EFFECTIVE DATE: AUGUST 22, 1998 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Standard Coverage Amount of Insurance: $ 375,000.00 Premium: $ 1,323.75 Proposed Insured: ELAINE MARTIN B. ALTA Loan Policy, (10-17-92) Standard Coverage Amount of Insurance: Premium: $ 40.00 Proposed Insured: GORDON M. HARRIS and MARY A. HARRIS Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: GORDON M. HARRIS and MARY A. HARRIS, husband and wife 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: A portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: -1- Commitment Schedule A CONTINUATION OF COi.•";.ITMENT SCHEDULE A Order No.: AT -98077601 TC COMMENCING at the Southeast corner of Section 20, Township 3 North, Range 1 East, Boise Meridian,' Ada County, Idaho, thence North 00 degrees 00'00" West 779.51 feet, thence North 89 degrees 47'17" West 25.00 feet to the POINT OF BEGINNING; thence North 89 degrees 47117" West 1,313.64 feet; thence North 00 degrees 1114411 East 569.33 feet; thence_ South 89 degrees 50132" East 876.09 feet; thence South 00 degrees 00'00" East 200.00 feet; thence North 89 degrees 49107" East 435.60 feet; thence South 00 degrees 00'00" West 373.15 feet to the POINT OF BEGINNING. Purported Address: 2825 S. EAGLE ROAD' MERIDIAN, IDAHO 83642 vlc END OF SCHEDULE A -2- Commitment Schedule A r COMMITMENT FOR TITLE INSURANCE -SCHEDULE B - SECTION 1 ORDER NUMBER: 98077601 TC REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of: the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interes.t to be insured must be executed and duly filed for record, to wit: 1. Necessary Conveyances vesting fee simple Title in the Proposed Insured. 2. Deed of Trust securing your loan. Item (c) Because of the provisions of the Idaho Homestead Law, (Chapter 10, Title 55, I.C.), the Company requires: (a) the personal execution and acknowledgment of any deed, deed of trust, mortgage or special power of attorney to convey or encumber the homestead by the vested owner and spouse, if any, or in the alternative (b) an affidavit, signed by the vested owner and spouse which states (1) that the land described herein is not their principal residence; (2) that the land is not claimed as homestead property; (3) the address of their principal residence; and (4) if applicable, that the vested owner is not married. INFORMATIONAL NOTES: Unless disposed of to the satisfaction of the Company, when -1- Commitment Schedule B - Section 1 CONTINUATION OF CO... TMENT SCHEDULE B - SECTIO�� Order No.: AT- 98077601 TC the proposed purchaser acquires title, the following matters will appear as exceptions to title: Right, Title and Interest of the Spouse of the proposed insured, if married. Matters which may appear against the Spouse of the proposed insured, if married. cc: WILSON & MCCOLL DAVID E. WISHNEY, ATTORNEY ALLIANCE TITLE/EVI KELLER NOTE: If the applicant desires copies of the documents underlying any exception to coverage shown herein, the Company will furnish the same on request, if available, either with or without charge as appears appropriate. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the trustee is: ALLIANCE TITLE & ESCROW CORP. END OF SCHEDULE B -SECTION 1 -2- Commitment Schedule 8 - Section 1 • COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 98077601 TC Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for..services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1998, a Lien but not yet due and payable. General Taxes for the year 1997 are paid. Parcel No. 242-5-1120449450 -1- Commitment Schedule B - Section 2 Order No.: AT- 98077601 TC In the original amount $219.36. 8. Taxes which may be assessed and extended on any subsequent roll for the tax year 1998, with respect to new improvements and the first occupancy thereof during 1998, which may not be included on the regular assessment roll and which are a lien not yet due or payable. 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 466-7861. 10. Easement, and the Terms and Conditions thereof: In Favor of IDAHO POWER COMPANY Purpose POWER LINE AND INCIDENTAL PURPOSES Recorded MARCH 26, 1948 Book/Page No. 20/516 11. Right of way for EAGLE ROAD. 12. Ditch located on the Northerly and Easterly portion of property as disclosed by Record of Survey No. 3919, recorded June 17, 1997, as Instrument No. 97047592. 13. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. END OF SCHEDULE B -SECTION 2 -2- Commitment Schedule 8 - Section 2 - Continued C83 nsa ie • o•e .6 .. - gee .e s �� - --� ..� I S. E. CORNER t 3 SEC. 20 1 ADA COUNTY ASSESSOR'S OFFICE • I� C83 nsa ie • o•e .6 .. - gee .e s �� - --� ..� I S. E. CORNER t 3 SEC. 20 1 ADA COUNTY ASSESSOR'S OFFICE ALLIANCE TITLE & ESCROW�ORP. SEPTEMBER 30, 1998 WILSON & MCCOLL 420 W. WASHINGTON P.O. BOX 1544 BOISE, IDAHO 83701 RE: HARRIS/MARTIN ReCeIVE1) 0 C T 0 2 1998 WILSON & McCOLL THANK YOU for your title insurance order and/or escrow closing. In accordance with your request, we enclose Commitment for Title Insurance for your files and any additional copies you have requested. Your Title Order Number is: 98077601 TC Your Title Officer is: TAKAKO CUTTLERS (208) 888-3150 200 East Carlton, Meridian, Idaho 83642 Your Escrow Number is: 98077601 TC Your Escrow Officer is: EVI KELLER - (208) 336-6515 1412 W... -Idaho St . , Bolse, Ica__^_c Please do not hesitate to contact TAKA KO CUTTLERS or EVI K=LLER if you should have any questions concerning your transaction. WE APPRECIATE YOUR BUSINESS! TA KO CUTTLERS 200 EAST CARLTON. - MERIDIAN, IDAHO - 83642 208-888-3150 - 1 -877 -88 -TITLE - FX 208 888-6414 ORDER 140. 980776 * TC EXHIBIT "A" A portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 3 North, Range 1'East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Southeast corner of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence North 00 degrees 00100" West 779.51 feet, thence North 89 degrees 47'17' West 25.00 feet to the POINT OF BEGINNING; thence North 89 degrees 4711711 West 1,313.64 feet; thence North 00 degrees 11144" East 569.33 feet; thence South 89 degrees 50132" East 876.09 feet; thence South 00 degrees 00'00" East 200.00 feet; thence North 89 degrees 49'07" East 435.60 feet; thence South 00 degrees 00'00" West 373.15 feet to the POINT OF BEGINNING. f Martin DevelopAnt, Inc. 6236 E. Hunt Ave. Nampa, Idaho 83687 Phone (208) 463-0209 - Fax (208) 463-8745 TO: Letter of TraAenittal 7j ICS Date /,,,I lJob Attention: WE ARE SENDING YOU _ Attached _ Under separate cover via the following items: _ Shop Drawings _ Prints _ Plans _ Specifications _Other _ Material Certifications _Copy of Letter _Change Order COPIES DATE Pages or # TRANSMITTED as checked below: For approval _ Foryouruse _ As requested For review and comment REMARKS: - J > SIGNED: Elaine Martin, President 14-111t� —Approved as submitted _Approved as noted _ Returned for corrections DESCRIPTION OCT d ? 199E" E. ilJpt- C — Resubmit copies for approval _ Submit copies for distribution _ Return corrected prints IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. EQUAL OPPORTUNITY EMPLOYER CITY OF A HMLkN PRELIMINARY SUBDVgUON PLAT CHECKLIST iNCOMPL sP M wpMCATIONS WR.L NOT BE PROCESSED "PLICATIONS MUST BE 5iTB1VIITi'ED THIRTY (30) DAYS MOR TO Noor REOUI,ABLY SCAEDM P&Z MRETING. rntun�,ta►+1TS/DA'T� rrm Pre,applicatiort sabmiW meeting field �,iy (30) copies of the oomph and eucumd � � ' I ii40, written application form ACproof of current ownaWP of the real TmVefty included in ft pdimjnuy Plat mmd consent of -i-T- " -l] rec mw owners dente )kldg l A1, L.1- C Name and address of WAY to receive bi]IingsJc:QnPo t ALM Ci:3 l� N E M A-�-i t 'J NA �t P1k� �7 7344 7 /A7 on pared and stamped � j� 1,eg descaton of sabdivisi /by Re&Wred Land SWveyor �f Thy (30) copies of tine Prelimimq Plat with ons to e umv clarity of drawn to a scale 0 lines, dimes and other data. PM4imin3ry shall include: krjw,, epe, a. proposed Subdivision Name d b. Drafiag date c. Swdeng location of Pla - Coantl► 0 d. Nortb arena► e. Scale of plat (trot s®alier f. Names, KWWs= and numbers of owner, subdivider or subdividers and aWnew, mveY°r or Pbmw wba 0 p vpared the v.relimWM P� g. Meme t of .intmdo useof the prop subdivision (i.e., MWOW sing"' two-family and M"y# a Aga c d mal, recvstionai or ami b. Sites proposed for paeAS, PkYff=Xklsdmb, 0 dMuvhw or other public u i. Streets, sheet names. r -of way and roadway p!� widths, inchxftg A01nM streets or Ys' 0 • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customers Order No. Name ,6ectl, f� Date 1/ Y O' U Address Phone: SOLD BY CASH E C.O.D. r CHARGE ON ACCT. MDSE. RETD. PAID OUT I All claims and returned goods MUST be accompanied by this bill. TAX 0 010 4 51 Byceived TOTAL J3 GS -202-2 rxixTeo w"x `��J--''�}y'/�n „►p�j' PRINTED IN U.S.A. SOYINK _ •' nBt,IJ 0 0 �qS CITY OF 'I MERIDIAN, r `pon "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 V 888-4433 UUswirler s _ 11- Order No. Date Z Name p I ai rl e Ma lr-+ n Address Phone: SOLD BY /�6#31T C.O.D. CHARGE ON=SE. RETD. PAID OUT D E S C R I P T 1 r Nr Lknne,Y o 13p 13 M0 -i lin ,s XZ 1}3i y -Z I pe e l m i-ldat rW Lots 9 oo' 13 1'n 0.i I i n Ja t 1- iO� Y2- I+S I I All claims and returned goods MUST be accompanied` by this bill. TAX By KO 114 Received'S? TOTAL Il I� 8 GS -202-2 PRINTED IN U.S.A. rxixreo wirx p SOYINK,- C t9t(i s. 15 /5 mIZZ"s @ ,e/. !07 X Z THOUSAND SPRINGS VILLAGE PROPERTY OWNERS WITHIN 300' GOLDSMITH MARTY 4550 W STATE ST BOISE ID 83703 2680 E VICTORY RD 2555 S EAGLE RD HARRIS GORDON M & MARY A 2825 S EAGLE RD MERIDIAN ID 83642-6705 HASTINGS VERNETTA 2910 E VICTORY RD MERIDIAN ID 83642-7051 E VICTORY 2910 E VICTORY RD BELL ROBERT L 17320 COLONIAL PARK DR MONUMENT CO 80132-8491 W VICTORY RD GLICK JONATHAN W & BONITA J 2860 E VICTORY RD MERIDIAN ID 83642-7051 YOUNG REX T & MARLA H 2950 E VICTORY RD MERIDIAN ID 83642-7051 ALLEN BIRTEN JAMES & MARY LOU 3040 E VICTORY RD MERIDIAN ID 83642-7051 MARQUART DAVID M & BARBARA K 3100 E VICTORY RD MERIDIAN ID 83642 NEVANTAINC 1155 W 04TH ST SUITE 225 RENO NV 89503 2750 S EAGLE RD SHANNON'S FINE FOODS & SPIRITS INC PO BOX 1338 SAN MATEO CA 94.401-0840 E GIRDNER LANE MCKIBBIN DENNIS P & DEBRA J 2820 S EAGLE RD MERIDIAN ID 83642-6704 N EAGLE RD THOMASON MARTY Y & LEETA G 2910 S EAGLE RD MERIDIAN ID 83642-6748 2960 S EAGLE RD BAUGHMAN ARLIS DANIEL & DARLENE H 2990 S EAGLE RD MERIDIAN ID 83642-6748 SHARP JOHN W & JUANITA D 3020 S EAGLE RD MERIDIAN ID 83642-6749 SIMS KATHERINE M 3060 S EAGLE RD MERIDIAN ID 83642-6749 46 T- G) G) LO -,r - r r M M 00 O 0 O 1 Cn Lr) M) V) O o v v v v v ti N O O O O ti r- �� � r- r -- co CD M r- I- r- ti co co co co co (D Co 1 r 1 1 1- I 1 1 1 1 1 1 1 N p N N N N N N N N N N N V 00 It V qt V v v v It qqt It v Co CO CO CD (D (D CD (D CO (D (D (D M M MM M M M M M M MM Mm M O O 00 O 00 co 00 0 00 00 00 co co co co OMoOMo❑�❑❑❑❑(033❑❑❑❑❑❑❑ Z W Z Z Z Z] Z Z Z Z Z Z Z ❑oa�aQaQZQQQaaaa gwwo�0000 000000❑ Zcncn-z0------- aaaaZ��aaaaa 300wowwwwwwwwwwww OMMMMMMMMW2222222 N ❑ N Y W F- F -F-0 U)U)�Q>>->->�itit�wwixw- www— wwwwwww H H J Z o 0 o O= J J J J J J J 00 Cf) iii V V �QQQOQaa U) Lu0»»pLuLuul www a co O W W W W 3: cn co co fn co co co Z O O U) N O O O O N 0 0 0 0 0 00 LOLf) N Cl) r CO to It LO N N r CO CA N Co LOLf) CO r- CA 00 CA O r 00 00 O CD O O O o st lQ' N r N N N M r N N N N N c'1 M H _ W W JZ W J O o O Q H Co H Q ❑ ❑ Z w LU UJ LU 0Q inmWH O=< -1 1: C-6 ❑❑.6f2Z ca .6w ad ad>-caaQQ LU Z Q aa0JW1: zzQa�z 0�w�wUww��aza �IOw>ZW� K0aZzz== OmC9O��QZZU)U) o1- �c�nv(ic,WZ�c�mZmmQQ=a w❑❑� � Y Z Z Q m— m m o w �ooawa-1o�w��m=aid 000xmmo>-QZM2PF-mww LO 0 00 0 0 0 O (n O O w to O Cn O r O (n N Lo O 0 o ti Lo o r --N Lo F --o O N C() M O O T N O O r r N N N M N- qt d' �'t qt M (M M M m M M J W �! 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ATTORNEYS AT LAW ERIC S. ROSSMAN TODD A. ROSSMAN March 1, 1999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE_ ,L k William' G. Berg Jr. I Z . City Cleric CITY OF NIER,IDIAN 33 East Idaho Street Meridian, Idaho 83642 Re: 'THOUSAND SPRINGS VILLAGE SUBDIVISION PRELIMINARY PLAT REQUEST Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAN for approval and signature by the Mayor and Council. Please serve a copy of the FINDINGS, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. III msg/D:\MyFiles\Meridian City File\Thousand Springs Village A7-\C1er1c030199.wpd 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JUSTIN P. AYLSWORTH POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH JULIE KLEIN FISCHER MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 WM. F. GIGRAY, III TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 D. SAMUEL JOHNSON FAX (208) 288.2501 TEL (208) 466-9272 FAX (208) 466.4405 WILLIAM A. MORROW CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com PHILIP A. PETERSON PLEASE REPLY TO MERIDIAN OFFICE STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN March 1, 1999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE_ ,L k William' G. Berg Jr. I Z . City Cleric CITY OF NIER,IDIAN 33 East Idaho Street Meridian, Idaho 83642 Re: 'THOUSAND SPRINGS VILLAGE SUBDIVISION PRELIMINARY PLAT REQUEST Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAN for approval and signature by the Mayor and Council. Please serve a copy of the FINDINGS, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. III msg/D:\MyFiles\Meridian City File\Thousand Springs Village A7-\C1er1c030199.wpd BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN (PP -98-104) IN THE MATTER OF THE REQUEST ) FINDINGS OF FACT AND FOR PRELIMINARY PLAT FOR ) CONCLUSIONS OF LAW THOUSAND SPRINGS VILLAGE ) AND ORDER OF SUBDIVISION BY MARTIN ) CONDITIONAL APPROVAL DEVELOPMENT, INC. ) OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 16" day of February, 1999, and appearing at the hearing on behalf of the applicant was Becky Bowcutt of Briggs Engineering, Inc., and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission, and there are no modifications of the recommendations of the staff, and the applicant having submitted the latest Preliminary Plat Drawing dated: 11/19/98 JSM, and stamped FEB 10 1999, DWG NO. 981007 -Pre, \1VLG-PRE. JSM, Sheet 1 of 1 PRE, for Preliminary Plat Thousand Springs Village Subdivision by Briggs Engineering, Inc. for Thousand Springs Village Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and , the property is presently zoned R-4, Low Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408Bb(7), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the ACHD and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "11/19/98 JSM, and stamped FEB 10 1999, DWG NO. 981007 -Pre, \1 VLG-PRE. JSM, Sheet 1 of 1 PRE, for Preliminary Plat Thousand Springs Village Subdivision by Briggs Engineering, Inc. for Thousand Springs Village Subdivision". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9-604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "11/19/98 JSM, and stamped FEB 10 1999, DWG NO. 981007 -Pre, \1VLG-PRE. JSM, Sheet 1 of 1 PRE, for Preliminary Plat Thousand Springs Village Subdivision by Briggs Engineering, Inc. for Thousand Springs Village Subdivision", is hereby conditionally approved; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 2. The conditions of approval are as follows to -wit: 2.1 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. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1 1-9-606.B. 2.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 2.6 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.7 This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 2.8 Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.9 Hydraulic analysis indicates that development southeasterly of the Ridenbaugh Canal will experience lower than desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 2.10 Indicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 2.11 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.12 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa &. Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. 2.13 Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Applicant shall also install either three- to four -foot -high fencing or non- combustible, non -sight -obscuring fencing along the northern boundary of Lot 19, Block 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 2.14 S. Lava Way, to the north of this proposed project, was stubbed to this FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT property for future extension. The applicant is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter -neighborhood connection. Because of the proposed layout, staff supports the pedestrian walkway. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. 2.15 A stub street needs to be provided to the westerly boundary of the two - acre (+/-) parcel that is not included as part of the plat, but is included as part of the annexation. 2.16 A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 2.17 Applicant will disclose whether or not the drainage system being designed in the northwest corner of this development has a discharge point to the existing ditch system. Applicant will disclose whether or not the drainage facilities being designed are on Lot 19, Block 1. It appears that the storm drains discharge into this Lot. 2.18 Applicant proposes 50 -foot -wide rights-of-way throughout the development; with the four -foot -wide planting strip shown, two feet of each sidewalk would be on private property. The street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet. In the alternative the existing configuration provided by the applicant would be adequate subject to the condition that the developer installs the necessary landscaping and irrigation, including trees, within the four - foot -wide planting strip, similar to the first phase of Los Alamitos No. 1. 2.19 Dedicate 48 -feet of right-of-way from the centerline of Eagle road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 2.20 Construct the main project entrance off Eagle Road with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located approximately 140 -feet north of the southern property line. The median shall be constructed a minimum of 4 -feet wide to total a minimum 100 -square foot area and dedicate sufficient right-of-way to include the required improvements. 2.21 Construct a center turnlane, shadow taper and right -turn deceleration lane on Eagle Road at the main site entrance. Coordinate the design of the center turn lane, shadow taper and right -turn deceleration lane on Eagle Road with District staff. 2.22 The existing driveway on Eagle Road serving a single family dwelling is approved with this application. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavement of Eagle Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.23 Construct a 5 -foot wide concrete sidewalk on Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two feet within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 2.24 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 387-6380 (with file numbers) for details. 2.25 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 2.26 Provide four stub streets located as follows: ■ between Lot 4, Block 2, and Lot 1, Block 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ■ between Lot 18, Block 3, and Lot 5, Block 5. ■ between Lot 1, Block 5, and Lot 19, Block 1. 2.27 Provide a 10 -foot wide paved pedestrian pathway located between Lots 16 and 18, Block 1, of the proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. 2.28 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 the right-of-way. 2.29 Construct an ACHD approved turnaround at the end of Goldbug Court. Submit a design of the turnaround for review and approval by District Staff. 2.30 Other than the access points specifically approved with this application, direct lot or parcel access to is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.31 The following existing street names shall appear on the plat: "E. Victory Road" and "S. Eagle Road", "E. Zims Street" is aligned with "Dworshalc" to the west and shall be named "E. Dworshalc Street"; "Zims" will be reserved for this development: "E. Sheep Creed Street" is approved and shall appear on the plat; "S. Pine Flats Avenue" is approved since it is aligned to the north in another phase; "E. Loon Creed Drive" is aligned with "Lake Creek" to the west and will be named "E. Lake Creek Drive"; "Loon Creek" will be reserved for this development. "S. Moon Dipper" is aligned with "Hood Ranch" and will be named "Hood Ranch Avenue"; "Moon Dipper" will be reserved for this development; "S. Lava Ave." is a duplication and cannot be used. Choose a new name for this portion of the plat and it will be aligned to the north in another phase; "E. Barth Drive" aligns with "Mackay" and will be named "E. Mackay Drive"; "E. Goldbug Ct." is aligned with "Mackay" and will be named "E. Mackay Ct."; "Barth" and "Goldbug" will be reserved for this development. 2.32 The street name signs shall be installed before development is started. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 2.33 The City should have another water supply in the subject area prior to approval of any projects. 2.34 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 2.35 Run-off is not to create a mosquito breeding problem. 2.36 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water. 2.37 The engineers and architects involved with the design of this project should obtain current best managemenet practices for stormwater disposal and design a stormwater management system to prevent groundwater and surfacewater degradation. 2.38 A Land Use Change/Site Development application shall be filed for review prior to final platting. 2.39 All laterals and wasteways must be protected. 2.40 All municipal surface drainage must be retained on site. 2.41 If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. 2.42 The developer must comply with Idaho Code § 31-3805. 2.43 It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 2.44 Applicant shall grant a permanent 10 -foot wide public utilities easement along all lots adjacent to a right-of-way dedicated to public or private uses. 2.45 That the Applicant provide a common lot along an access to the residents to the south for their irrigation water. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 2.46 The Right to Farm Act should be designated on the Applicant's preliminary plat. 2.47 It is recommended that Applicant designate a berm on the common lot to be agreed upon by the affected residents. 2.48 Applicant's new plat should designate the extension of "Zims Street" By action of the City Council at its regular meeting held on the day of LI , 1999. By: 241�61� ,--"RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: &,. , Z a - Dated: City Clerk msg/D:\MyFiles\Meridian City File\Thousand Springs Village AZ\PP.FCS.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT J SEAL 00 ����`• ���'�ttt#i t►�tt►��1 STEPHEN K. GARMAN CHAIRMAN OF THE BOARD BENJAMIN WITTY VICE CHAIRMAN OF THE BOARD KENNETH HENLEY PROJECT MANAGER PAUL J. DEVEAU ASSISTANT PROJECT MANAGER JUDITH A. JEMMETT SECRETARY -TREASURER ELVA FISCHER ASSISTANT SECRETARY -TREASURER Will Berg, City Clerk City of Meridian 33 E. Idaho Av. Meridian, ID. 83642 BOISE PROJECT BOARD OF CONTROL (FORMERLY BOISE U. S. RECLAMATION PROJECT) 2465 OVERLAND ROAD BOISE, IDAHO 63705-3155 May 10, 1999 RE: Thousand Springs Subdivision #3, FP -99-003 Sec.20, T3N., RIE., BM. 6.34 McDonald Lateral Dear Mr. Berg: OPERATING AGENCY FOR 167,000 ACRES FOR THE FOLLOWING IRRIGATION DISTRICTS NAMPA-MERIDIAN DISTRICT BOISE-KUNA DISTRICT WILDER DISTRICT NEW YORK DISTRICT BIG BEND DISTRICT TEL: (208) 344-1141 FAX: (208) 344-1437 MAY 12 1999 CITY OF MERIDIAN The Boise Project has reviewed the Preliminary plans for the above mentioned development provided by Briggs Engineers, Inc. They satisfy our concerns regarding the piping of, and easements for, the McDonald Lateral and the McDonald Waste Way, as well as working out the disposition of the private irrigation lines with the appropriate water users. The Board of Control grants approval contingent upon finalization of the Relocation Agreement, for the end of the McDonald Lateral, currently being prepared by the Bureau of Reclamation. If you have any further questions or comments regarding this matter, please do not hesitate to contact me at (208) 344-1141. Sincerely, Troy Upsh Urbanization Coordinator tlu/tu cc: Phil Comegys, Watermaster, Div. 2., BPBC Charlene Orr, New York Irrigation District John Anderson, Water Superintendent, Nampa & Meridian Irrigation District Dean Briggs, Briggs Engineering, Inc. ADA COUNTY EVALUATION SHEET Proposed Development Name OUSAND SPRINGS VILLAGE File NoPP98-104 Date Reviewed 09/08/99 Preliminary Stage Final XXXX Engineer/Developer Bri s En r. Martin Develo ment The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE th her Ada County Street Name Ordinancdirection of the Ada County 'eeer) regarding this development in accordance w The following existing street names shall my ear on the glat. `�i1 "S. EAGLE ROAD" �1q _1 wtivo "E. LOON CREEK STREET" is a roved and shall aggear on the Blatt. ncb "15!1:::!.5,0 �-h ACWa roved "S -.-MOON DIPPER AVENUE" is JSE iN 1✓J tdl� a� .�9 %rawp OiPPE� c6 V this name as it is more than 10 letters ands aces in len th. "E. SHEEP CREEK STREET" is approved and shall appear on the plat. "S. PINE FLATS WAY" is 11roved since it is aligned to the north in another hase. "E. MACKAY DRIVE" is ipproved and shall a ear on the glat. "S. BARTH AVE." is in alignment with' "S. ZIMS" to the north and shall carry the same name. 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. C ADA COUNTY STREET NAME COMMITTEE A EN7Y R RSENTATIVES OR DESIGNEES Ada County Engineer John Priester Date% /� -� te Ada Planning Association Sue Hansen Date Meridian jimpact Area) Representative ate Ci -10 Meridian Fire District Representative 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 1!!! 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Plaza IV • Boisc. ID • 83722 May 12, 1999 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 820, 812, 817 and 818` Dear William G. Berg, Jr.: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance Nos. 820, 812, 817 and 818 When this annexation is completed, any changes dictated by this action(s) will appear on the year 2000 tax code area maps. Sincerel eff Servatius Sr. GIS Systems Analyst Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 27 Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the annexation and zoning and direct the attorney to draw up the Findings of Fact and Conclusions of Law as well as drafting the development agreement and the proposed annex ordinance. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.—NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: Corrie: At this time I will open the public hearing on item number 10 and have staff comments. Stiles: Mr. Mayor and Council we would ask that our comments dated January 7, 1999 be incorporated as conditions of approval. Corrie: Also note that Ms. Bowcutt's testimony on item number 9 is also included in item number 10. Is there anyone else from the public who would like to issue testimony in item number 10 on the request for preliminary plat for Thousand Springs Village? Any further discussion? Council questions of staff? Hearing none, I'll entertain a motion to close the public hearing. Bentley: Mr. Mayor I move we close the public hearing on item number 10 for Thousand Springs preliminary plat. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on item number 10. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the preliminary plat for item number 10. Bentley: Mr. Mayor I move we approve the preliminary plat for Thousand Springs subject to staff conditions. Bird: Second. MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 28 Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Thousand Springs Village by Martin Development Company, Inc. Any further discussion? Rountree: Just a question. Do we do that we before have the annexation and the development agreement? Corrie: I think we can. Gigray: Mr. Mayor and Councilman Rountree that's no problem on preliminary plat. It's just final plat that — Rountree: I don't have my book with me tonight. Bentley: You didn't do your homework. Rountree: It's suppose to be in my drawer and it's not here. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE—SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: At this time I will open the pubic hearing on item number 11 and invite staff comments. Stiles: Mr. Mayor and Council this is the property that was once owned by Ruth Hunter that has what is referred to as the old Waltman house. There are no plans for any development of the property at this time that have been presented. For that reason we have requested that any uses by done under the conditional use permit process and we have also asked that a development agreement be entered into. It would have to be somewhat generic at this time, but at least to address the access and the requirement for provision of a bike path, multi use path along the Ten Mile Drain in this location. The applicant has indicated no problems with any of our comments and we would ask that the comments dated January 7, 1999 be incorporated as conditions of the annexation. Corrie: Is there anyone from the public who would like to issue testimony on the request for annexation and zoning by John Goade at this time. DONNA ALDRIDGE 0 • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 ITEM NUMBER: 10 APPLICANT: MARTIN DEVELOPMENT REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED, LETTER FROM GLICKS SEE ATTACHED, REVISED PREL. PLAT SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P&Z REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RECEIVED FEB 12 1999 City of Meridian City Clerk Office Jon and Bonnie Glick 2860 E Victory Road Meridian, Idaho 83642 February 12, 1999 To: City Clerk of the City Of Meridian 33 East Idaho Meridian, Idaho 83642 From: Jon and Bonnie Glick 2860 E. Victory Rd. Meridian, Idaho 83642 RE: Application of Martin Development, Inc. for annexation and zoning and preliminary plat approval of approximately 21.54 acres of land for Thousand Springs Village. I may not be able to attend the City Council meeting on Tuesday, Feb. 16, so ask that this letter be submitted as my testimony regarding this application. Our bi est concern regarding this development continues to be lack of es gg interest by the city of Meridian to consider the i sof us who abut when developing out in these rural residential areas. Those this development have 2.2 - 5 acre lots. It is quite abrupt and not lessen the "transitional" to abut our properties with R4 development. It avlel asked the rural appeal of our properties and change our lifestyles. W Planning and Zoning Commission and the City Council to consider these issues numerous times, to no avail. We know we cannot stop the development of these areas. We would ask that you at least consider a lower density directly behind our larger acreages. Instead of looking at field and mountains, we will now be viewing the rooftops of 53 houses. We have met with the developer's representative regarding the issue of our view being blocked by the houses built directly behind us in lots 16 & 17 of Block 3. Ms. Bowcutt assures us that she has written into the development plan that the houses built on these two lots will be single story houses. Additionally, Ms. Bowcutt indicates that we will be notified of the proposal made for the piping of the McDonald Lateral (our source of irrigation water) and the specifics regarding the boxes our pumps will be sunk into before any final decision is made. Our concern is that our irrigation source not be jeopardized in any way and that we not incur costs to adjust the means of delivery. Again, we have a concern that this development will have an impact on our domestic water supply, either by contamination or by dropping water levels. Ms. Bowcutt indicated that the city sewer and water is considering placing stubs going to our properties to insure that we would have an option to go on city water/sewer if the need axises. I think this would be a good option to give us given the unknown issues regarding how this will affect our water supply. We have raised the question about if this will make our water supply vulnerable many times, and have never received an answer from anyone at P&Z or the City Council to assure us our supply won't be affected. I think this is especially pertinent if the domestic wells on any of these abutting development properties (Sally Martin's - Thousand Springs Subdivision) will be used in the pressurized irrigation of the development. Another concern is the traffic on Victory Road. It is already hard to get out of our lane onto Victory Rd. in the morning during rush hour. With almost 400 new homes going in this mile between Locust Grove and Eagle Rd., we worry that we will not be able to access the street in front of our house. In spite of the developer's consideration of most of our concerns regarding this development, we remain fundamentally opposed to this kind of high density development (with no parks) next to our rural residential properties. We hope you will consider our concerns and address them accordingly. 0 MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12 1999 APPLICANT: MARTIN DEVELOPMENT INC ITEM NUMBER: 6 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMM5671 V 1 OTHER: SEE ATTACHED LETTER FROM JON AND BONNIE GLICK All Materials presented at public meetin shall become property of the City of Meridian. t1l �qb�-am HUB OF TREASURE VALLEY 46 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 JAN 0 7 1999 City of Dleridian MEMORANDUM: City Clerk Office To: Planning & Zoning Commission, Mayor & Council eo;z From: Bruce Freckleton, Assistant to City En ' eer Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 January 7, 1999 Re: Request for Annexationfamil Lots - Proposed THOUSAND SPRINGS VILLAGE ning to R-4 of 21.5418 Acres with a Preliminary Plat for 53 Single-family SUBDIVISION by Martin Development, Inc. We have reviewed this submittal and f chdereder te oinlng full,u comments, sstegpre sly conditions modifiedthe or application. These conditions shall be ons deleted by motion of the Meridian City Council: 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 dtotthe Publical users association, with written Works Department No variances confirmation of said approval submitted have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Thousand Springs Village.PP Mayor, Council and P&Zi January 7, 1999 Page 2 7. Respond, in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning Commission. 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 description submitted with this application doesn't match the boundary of the preliminary plat map along the McDonald Lateral. Please submit a new legal or revise the preliminary plat to accurately depict the boundary to be annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. It should also be noted that the parcel in the northeast corner labeled "Not a Part" is included in the legal description for the request for annexation. 2. This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 3. Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. As previously discussed with the applicant's engineering firm, hydraulic analysis indicates that development southeasterly of the Ridenbaugh Canal will experience lower than desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 5. Indicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 6. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Thousand Springs V lagePP Mayor, Council and P&Z0 January 7, 1999 Page 3 7. Applicant has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa & Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. 8. Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Applicant shall also install either three- to four -foot -high fencing or non-combustible, non -sight -obscuring fencing along the northern boundary of Lot 19, Block 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 9. S. Lava Way, to the north of this proposed project, was stubbed to this property for future extension. The applicant is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter -neighborhood connection. Because of the proposed layout, staff supports the pedestrian walkway. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. 10. A stub street needs to be provided to the westerly boundary of the two -acre (+/-) parcel that is not included as part of the plat, but is included as part of the annexation. 11. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 12. A development agreement is required for this project, as a condition of annexation of the property. 13. Will the drainage system being designed in the northwest corner of this development have a discharge point to the existing ditch system? Are drainage facilities being designed on Lot 19, Block 1? It appears that the storm drains discharge into this lot. 14. Applicant proposes 50 -foot -wide rights-of-way throughout the development; with the four -foot -wide planting strip shown, two feet of each sidewalk would be on private property. Staff requests that the street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet would be preferred for this configuration. Staff could support the existing configuration provided that the developer installs the necessary landscaping and irrigation, including trees, within the four -foot -wide planting strip, similar to the first phase of Los Alamitos No. 1. Thousand Springs Yillage.PP C� 0 BEFORE THE PLANNING AND ZONING COMMISSI( IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) THOUSAND SPRINGS VILLAGE BY ) MARTIN DEVELOPMENT INC. - NORTH) OF E. VICTORY ROAD, WEST OF S. ) EAGLE ROAD ) RECEIVED FEB 1 1 1999 City of Meridian City Clerk Office RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 19.427 acres in size. The property is generally located north of East Victory Road and west of South Eagle Road. 2. The owners of record of the subject property are Vernetta Hastings of 2910 Victory, Meridian, Idaho, and Gordon Harris of 2825 South Eagle, Meridian, Idaho. 3. The Applicant is Martin Development, Inc., of 6236 East Hunt Avenue, Nampa, Idaho. 4. The property is presently zoned by Ada County as Rural Transition (RT) and consists of undeveloped agricultural land. 5. The Applicant requests the property be zoned (R-4), Low Density Residential. 6. The proposed site of the subject property is north of East Victory Road and west of South Eagle Road and consists of vacant, undeveloped agricultural land. 7. The city limits of the City of Meridian are adjacent and abut to the RECOMMENDATION TO CITY COUNCIL - I PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 • north and west sides of the subject property. g. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Subdivide 19.427 acres into fifty-three (53) single family dwelling lots and seven (7) common lots. 11. The Applicant's requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential, 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION I . The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY CDOEVELOPMENT, INC. PRELIMINARY PLAT - MARTIN THOUSAND SPRINGS VILLAGE • Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 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. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1 1-9-606.B. 1.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 1.6 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.7 The legal description submitted with this application does not match the boundary of the preliminary plat map along the McDonald Lateral. Submit a new legal or revise the preliminary plat to accurately depict the boundary to be annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. It should also be noted that the parcel in the northeast corner labeled "Not a Part" is included in the legal description for the request for annexation. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 0 1.8 This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 1.9 Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.10 Hydraulic analysis indicates that development southeasterly of the Ridenbaugh Canal will experience lower than desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 1.11 Indicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan does not show how they will be treated. Revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 1.12 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.13 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa &. Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 0 1.14 Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Applicant shall also install either three- to four -foot -high fencing or non- combustible, non -sight -obscuring fencing along the northern boundary of Lot 19, Block 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 1.15 S. Lava Way, to the north of this proposed project, was stubbed to this property for future extension. The Applicant is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter -neighborhood connection. Because of the proposed layout, staff supports the pedestrian walkway. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. 1.16 A stub street needs to be provided to the westerly boundary of the two - acre (+/-) parcel that is not included as part of the plat, but is included as part of the annexation. 1.17 A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 1.18 A development agreement is required for this project, as a condition of annexation of the property. 1.19 Applicant will disclose whether or not the drainage system being designed in the northwest corner of this development has a discharge point to the existing ditch system. Applicant will disclose whether or not the drainage facilities being designed are on Lot 19, Block 1. It appears that the storm drains discharge into this Lot. 1.20 Applicant proposes 50 -foot -wide rights-of-way throughout the development; with the four -foot -wide planting strip shown, two feet of each sidewalk would be on private property. Staff requests that the street and sidewalk improvements in their entirety be within a minimum 55 -foot -wide ACHD right-of-way; a total right-of-way width of 57 feet would be preferred for this configuration. Staff could support RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE • 0 the existing configuration provided that the developer installs the necessary landscaping and irrigation, including trees, within the four - foot -wide planting strip, similar to the first phase of Los Alamitos No. 1. Adopt the Ada County Highway District's Recommendations as follows: 1.21 Dedicate 48 -feet of right-of-way from the centerline of Eagle road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.22 Construct the main project entrance off Eagle Road with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located approximately 140 -feet north of the southern property line. The median shall be constructed a minimum of 4 -feet wide to total a minimum 100 -square foot area and dedicate sufficient right-of-way to include the required improvements. 1.23 Construct a center turnlane, shadow taper and right -turn deceleration lane on Eagle Road at the main site entrance. Coordinate the design of the center turn lane, shadow taper and right -turn deceleration lane on Eagle Road with District staff. 1.24 The existing driveway on Eagle Road serving a single family dwelling is approved with this application. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavement of Eagle Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 1.25 Construct a 5 -foot wide concrete sidewalk on Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two feet within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 1.26 Utility street cuts in new pavement less than five years old are not RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 0 allowed unless approved in writing by the District. Contact Construction Services at 387-6380 (with file numbers) for details. 1.27 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 1.28 Provide four stub streets located as follows: ■ between Lot 4, Block 2, and Lot 1, Block 3. ■ between Lot 18, Block 3, and Lot 5, Block 5. ■ between Lot 1, Block 5, and Lot 19, Block 1. 1.29 Provide a 10 -foot wide paved pedestrian pathway located between Lots 16 and 18, Block 1, of the proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. 1.30 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 the right-of-way. 1.31 Construct an ACHD approved turnaround at the end of Goldbug Court. Submit a design of the turnaround for review and approval by District Staff. 1.32 Other than the access points specifically approved with this application, direct lot or parcel access to is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.33 The following existing street names shall appear on the plat: "E. Victory Road" and "S. Eagle Road", "E. Zims Street" is aligned with "Dworshak" to the west and shall be named "E. Dworshak Street"; "Zims" will be reserved for this development; "E. Sheep Creed Street" is approved and shall appear on the plat; "S. Pine Flats Avenue" is approved since it is aligned to the north in another phase; "E. Loon Creed Drive" is aligned with "Lake Creek" to the west and will be named "E. Lake creek Drive"; "Loon Creek" will be reserved for this development. "S. Moon Dipper" is aligned with "Hood Ranch" and will be named "Hood Ranch Avenue"; "Moon Dipper" will be reserved for this development; "S. Lava Ave." is a duplication and cannot be used. RECOMMENDATION TO CITY COUNCIL - 7 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE • 0 Choose a new name for this portion of the plat and it will be aligned to the north in another phase; "E. Barth Drive" aligns with "Mackay" and will be named "E. Mackay Drive"; "E. Goldbug Ct." is aligned with "Mackay" and will be named "E. Mackay Ct."; "Barth" and "Goldbug" will be reserved for this development. Adopt the Meridian Fire Department's recommendations as follows: 1.34 The street name signs shall be installed before development is started. 1.35 Weeds and trash shall be cleared on all common lots. Adopt the Meridian City Water Department's recommendations as follows: 1.36 The City should have another water supply in the subject area prior to approval of any projects. Adopt the Central District Health Department's recommendations as follows: 1.37 The Applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 1.38 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.39 Run-off is not to create a mosquito breeding problem. 1.40 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water. 1.41 The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system to prevent groundwater and surfacewater degradation. Adopt the Nampa &. Meridian Irrigation District's recommendations: 1.42 A Land Use Change/Site Development application shall be filed for RECOMMENDATION TO CITY COUNCIL - 8 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 0 review prior to final platting. 1.42 All laterals and wasteways must be protected. 1.43 All municipal surface drainage must be retained on site. 1.44 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.45 The developer must comply with Idaho Code §31-3805. 1.46 It is recommended that irrigation water be made available to all developments within the Nampa &L Meridian Irrigation District. Adopt the Idaho Power Company's recommendations as follows: 1.47 Applicant shall grant a permanent 10 -foot wide public utilities easement along all lots adjacent to a right-of-way dedicated to public or private uses. The Planning and Zoning Commission further advises: 1.48 That the Applicant provide for a common lot along an access to the residents to the south for their irrigation water. 1.49 The Right to Farm Act should be designated on the Applicant's preliminary plat. 1.50 It is recommended that Applicant designate a berm on the common lot to be agreed upon by the affected residents. 1.51 Applicant's new plat should designate the extension of "Zims Street". A:\Thousand Springs Village\Prelim Plat Rec RECOMMENDATION TO CITY COUNCIL - 9 PRELIMINARY PLAT - MARTIN DEVELOPMENT, INC. THOUSAND SPRINGS VILLAGE 0 HUB OF TREASURE VALLEY 0 Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E. Victory Road, West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _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 /SIT%Z MI AhIdICM 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E. Victory Road, West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: r.a a Ara.. $%Gvs A/.28 0 -7-,VS L(..PcQ S `f- t -AF 5. L4, Ck,. /lJ O 73-P C /-. 514 r O IJ 4C Ci 0 HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE GLENN BENTLEY 33 EAST IDAHO � MERIDIAN, IDAHO 8364RFcEy N7v L' D BUILDING DEPARTMENT ('-08) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 881-4-813 DEC 0 9 1958 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 of Meridian :.eke Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E. Victory Road, West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: r.a a Ara.. $%Gvs A/.28 0 -7-,VS L(..PcQ S `f- t -AF 5. L4, Ck,. /lJ O 73-P C /-. 514 r O IJ 4C Ci 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E Victory Road West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) R CONCISE REMARKS: FWEIVED !SEC - 8 19% CITY OF MERIDIAN 4b HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 ROBERT D. CORR� Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (209) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E Victory Road West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) R CONCISE REMARKS: FWEIVED !SEC - 8 19% CITY OF MERIDIAN u FtFcElvED SUPERINTENDENT Christine H. Donnell December 7, 1998 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Thousand Springs Village Subdivision Elementary School: Mary McPherson Elementary Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is over capacity. BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann JAN -07-1999 16:20 FROM TO e971297 P.02 ADA COUNTY HIGHWAYDISTRICT -DV, Pima iv and Ekmlopment Dh ision JAN 0 8 1999 ' Developmcrxt Application Repo City of Meridian Prtlintinary Plat - Thousand Springs Villagc n/o Victory Rd. & wlo Eagle Rd. City Clerk office ;-4rhousand S`pzi��s Village is a 534ct residcniial subdivision on 19.42 -antes. The sits: is loc;atod on the west side &Fa* Road, appraxlmalely goo -foci north of Victory Road. This devcloM=1 is 01, cstimazed to generate 530 additional vehicle trips per day basad on the Institute of Trartiportat F,ogineem Trip Generation manual. On May 13, 1998, the Cexmnission reviewed and approved Tla-usand *, ings Subdivision, a 330 - lot residential subdivision on 121 -acres. That site is adjaoc a to the subject site's north property line (see attached slap). 03 Roads impacted by tlils development: Eagle Road ® ACHD Con mission Date - December 30, 1'998 - 12:00 p.rn. CC3 ` 9 CL a Pi JAN 07 '99 15:23 PAGE.02 JAN -07-1999 16:21 FROM 40 TO 4b 8871297 P.03 Fates and. Findings: Ct4 A- Ceneml WUrMAtion Cd 4---y owner - vauoft l castings & Gordan H ris Applicant - Braggs ErgpneezingJlBecky Bowcutt it'1 - E263ting Z=ing R-4 - Requested ming 19.42 - Acres 53 - Proposed building lots 3,350 - Total lirwo feet ciproposed public strcct s 286 - Traffic Ava" Zone (TA7.) West Ada - impact. Fee Benefit Zone Westerrm Cates - impact Fee Asscsmerit District. V ig! Minor arterial with bike lame desicpabon l0 Traffic count 4,0:55 on. 5/29/96 0-frwt of frontage Victory Road is improved with 25• -feet of pavcmcad'with no curbs gutter or sidewalk. i� �:a,�lc Rand Minor arterial with hike lane dcsipation Traffic count 5,023 on 9114,195 1,1:3 -feet of frontage 50 -feet tx isting right-of-way (25 -feet from sm tion line) 1 96 -feet required right -of way (48=feet from soction line) Eagle Road is imprevcd with 254eet of pavement with no curb, gutter or sidcwal,k. 13. TtLere are an existing dwelling and farm Located at the northeast comer of the site abutting lr agle 1 Road. The rest of the site is vummtly ttadeve1cpcd. C:. The applicant is proposing to construct the main project emrancer off Eagle Road vwith two 21 -foot sir.,,ct sections with curb, mAtcr and 5 -foot wide sidewalk separaiod by a center median and located atpproximatcly 140-feett north ofthe southern property line. This wi l] align %vith an ea-istirgg driveway ® an the cast side of the road. T hcrc arc several single family dwelling driveways ftt are within 220 - feet of the site's proposed roadway. District policy requires a mirdnnun of 220 font of separation frointhe proposed roadway and existing single family dwelling driveways. The main project. site's catrance off Eagle Road docs net meet the ]J)istnc Vs required 2204bot offset from em.sting driveways an Eagle Roa& Staff reoomancn& a variance for the site's proposed enttanoc off. lF,agle Road Because thcrc is no laoatiein for• the roadway treat would meet 4hc rcquirud 220 -foot offsci rvquiremerrt from the existulg driveways on Eagle Road. The applicant should be required to construct the median a minimum of TF1,'gtITWFt..Cm NBC JAN 07 '99 15:23 PAGE.03 JAN -07-1999 16:21 FROM TO 8871297 P.04 4-feetwide to totala minimum 100 -square footarea, rand dedicate sufficient right-of-way to inehade the required irnproven=o s.. Staff alw reecmmends That the aWfic" be requuvd to construct a center team lane, shadow taper and rigl'►1-turn deceleration lane on Eag a Road at the maina.site eutranoc. 1). The site has aro existing driveway on Eagle Road serving a single famJly dwelling. The driveway is located approximately 10 -feet south oftttc north property line, and will be approxirnatGly 230 -feet from the proposed rw dw ay. There are other single family dwelling driveways on the cast side of Eagle Road that are within 220 -feet from the site's existing driveway. District policy requires a minirn= of 220-1bat of separation betwccu the proposed driveway and other existing dn. vewaysars Eagle Road. The site's existing driva, vay does not meet District policy. Staff'reoommends a t variance for the, existing driveways because the driveway will meet the required offset from two proposed inte:rwAimis. The applicant should be roquired to pave the driveway 16 to 20 -feet wide $� and at least 20 Sect beyond the cdgo of pavement. of Eagles Road and install pavement tapers with 15 - foot radii abutting the existing roadway ulge. E. In acc oManco with District policy, the applicant should be required to construct a 5-tbot wide 1 concrete sidewalk on Eagic Road abutting the entirc sitz uacluding the out.pamel. The sidewalk should be located two fed- within the new right-of-way of EagIz Road Coordinate the location of the sidewalk with Distriot staff F. Utility street cuts is new pavement less, than five years old are not allowed unless approved in Rrriting by the District. Contact Construction Services at 387-6280 (with file numbers). for details. Cr. Any proposed landecaps, islands/inedians within the public: rigWof-way dedicated by this plat should be owned and maintained by a borneowneas association. Nc*es of this should be required on the final plat H. The applicant is proposing three stub stn:ets. Thr: stub streets are located: between. Lot 4, Block 2, and trot 1, Block 3. C • between Lot 18, Block 3, and Lot 5, Block 5. • betwom Lest 1, Block 5, and Lot 19, Block L Staff supports the location of the proposed stub strccts. The applicant is nat pig a dub street li to the norr}mm property line. As a condition of approval for nousand Springs; Subdivision leo. 1, ilac. applicant was roquiacd to provide a stub street to their soudwaa boundary, this site's northern boundary, located approximately 155 -feet east of the subject site's western boundary (see cover page). The subject applicant is proposing a pedestrian pathway to the aapprovcd .tub si rocA to the north and not a veboular connection. St.-dThas evaluated the pedestrian connection in lieu of a vehicular oormoction and have found that adequate vehicular xmncctivityy will be provided for by ,�..� other stub stmt. within. this subdivision and the subdivision to the n(wth. The aWlicant should be, required to provide a 10 -root wide paved pedestrian pathway locatod between bots 16 and 18, Block 1, of the proposed subdivision. C"oordinaft the location ofthe pcdcstrian pathway with District staff. 'PHW)VRI. CM Page 3 JAN 07 '99 15:24 PAGE.04 JAN -07-1999 16:22 FROM TO 8871297 P.05 1. Unless othwwise approved, the applicant s1wuld be required to construct all public road.-, within the subdivision as 37 -foot street sections with curb, gutter, and 5 -foot wide'concrete sidewalks within 50 -feet of right -4- ay. J. Tin applicant is proposing a turnaround at the cast end of Goldbug Court. The tumaround should be construeW to provide a minimum curb radius of 45 -foci. The turnaround meets District policy. K. The e�dsting transportation system will be adequate to awommodate the additional baffle generated by this proposed development with the rcquiremcnts outlined within this report. The following Site Specific Reqs wad Atoudard Regwtren*mts mast be met or provided for prior to ACRD approval of the final plat: Cd Site Specific Requirements: I. Dedicate 48 -feet of nght-of-way from the ccntc rlme of Eagle Road abutting the paroel by means of recordation of a final subdivision plat or axemilcm of a warrardy deed prior to issuance of a building permit (or. other required permits), whichever oocurs first. The owner will be compensated for all ri&4A-of-vvay dechcatod as an acicfiition to existing rja ft -of -way fi-oan available impact frc revenues in this botefit zone, if the owner submit% a lettc7 of application to the impact fee administrator prior to breaking ground, in accaa:danoe with Section 15 of.ACHD Ordinance X188. 2. Construct the main project entrance off Eagle Road with two 21 fDot street sections with curb, gutter and 5 -foot wide sidowelk separAW by a center median and located approximately 140 -feet north of the southern property live. The median shall be constructed a nimmum of 4 -Beet wide to total a minimm 100 -ware foot arca and dedicate sufficient riglnt-o£-way to include the required improvemerts. d 3. Construct a eentertum lane, shadow taper and right -tum deceleration lane on Eagle Road at the mains site entrance. Coordinate the design of face; cesrdcr turas lane, shadow taper and right -turn deceleration lane on baste Road with District staff: 4. T7re existing driveway on Eagle Road serving a single family dwelling is approved with this C-1 applicadon. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavcnm t ' of Eagle Road and install pavement tapers with. l.5 -foot radii abutting the existing roadway edge. 5. Construct a 5 -foot wide concrete sidewalk on. Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two fec-t within the mw right-of-way of Eaglc Road. Coordinate the location ofthe sidewalk with District staff. 6. utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services art. 387-6280 (with file munbers) for details cd 7. Any proposed landscape islands/medians within the public right-of-way dodicatod by this plat shall be owned and rnairrtained by a homeowners association. Notes of Ns should be required an the final plat: n-WNDV IL.CvY Foga 4 JAN 07 '99 15:25 PAGE.05 JAN -07-1999 16:22 FROM Eck Cd Pte"{ Provide four stub sects locatod as follows: o between Lvt 4, Block 2, and Lot 1, Block 3. • between Lot 18, Block. 3, and Lot 5, Block 5. • between Lot 1, Block 5, and Lot 19, Blook 1. TO w 8871297 P.06 Provide a 10 -foot wide paved pcdestitian pathway located bctvmm Lots 16 and 18, Rlock 1, ofthe proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. Construct all public roads within the subdivision as 37 -foot steed sections with curb, gutta; and 5 - foot wide oonurete sidewalks within 50 -feet of sight-of-vmy. Corsslrud an ACED approved turnaround at the mad of Goldbug Court. Submit a design of the turnaround for review and approval by District stafE 12. Other than the access points specifically approved with this application, direct lot or parcel access to is prohibited. Lea access restrictions, as rcquirod with this application, shall be stated on the finial Plat Stmdard Requirements: 1. A request for modification, variance or waiver of aay.regairement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reducst shall snecificaliv iderrtify each requircme rt to be, j and inaludc a wriam explamatim of such -a requireanent would resuh m a substantialhopor i ityr. The written rogues shall be ssnhmitted to tlx: District no Igter tliaii 9:011 a.m. can t�rja�diil.od for ACRD Commission roc ict' �. Those items shall be rescheduled for discussion w611i the Commission on the newt available meeting agenda. �+ Requests submitted to the District after 9:00 am. on the day schwWed for Commission action do not provide suffieiect time for Distria stafl'to remove the item from the consent agenda and .report to the 03 03 Commission regarding the requested modification, variauce or waiver. Those items will be acted on by the Commission unless removed from the agcnda by the Commission. 2. Afkr ACHD Commission actioxt, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Developrnerit Supmxvisor within two weeks of the action and shall include a minimum fee of 5110.00, 1cmqucst for reconsiderationshIN idgU& each r+ecluiremad to be reconsidemd ,�lj t► i�'t7iltg[Lds+�mnrritatioai of data that was not available to the Commission at the tim crfig adzial m_ 71c request for reconsideration will be heard by the District Commission at the next regular meeting of the C.arunisssion. If the Commission agrees to reconsider the action, the applicant will be notified of the date: and time oftbe Ccmirra im meeting at Audi the reoonsideration will be heard 3. Payment of applicable road impact fees are required prior to building construction in accordance . with Ordinance #189, also known as Asia County Highway District Road Impact Pce Ckdinance. 'Pft3N17VI[.. CM Page 5 JAN 07 '99 15:25 PAGE. 06 JAN -07-1999 16:23 FROM TO 8871297 P.07 r • 4. All design and eonrrution shall be in a000rdance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supple=96, Construction Services pr+ooedums and all ce applicable ACRD Ordinaium unless spcoifically waived herein. 4-4 5. The applicant shall submit revised plans for stafi'approval, prior to issuance of building permit (or other required pmnits), which ina orates any requimd do sign ch,anScs. 6. Ccmxtruction, use and property develolxn.ent shall be in conformance with all applicable requircraents ofthe Ada County Highway District prior to astnot approval for occupancy. 7. No change in the terms and oonditions of this apprmal shall be valid unless they arc in writing and signed by the applicant or the applionnt's authorized reprusarntativc and an authorized nepresertiative 03 ofthe :oda County Highway. District. The burden shall be upon the applicant to 61am vditten cmfirn-aGon afaany change from the Ada County Highway District. 03 44 8. Any change by the applicant in the planned use of the properly which is the subject of this applioation, shall require t1w applicant to oonnply with all rules, regulations, ordinanom Plans, or other regulatory and legal restrictionsin forret at the tient the applic a- A M its awowsars in interest advises the Highway District of its intent to change the planned use of the subject property unless a waivwArariarnee of said requirements or other legal relief is granted pursuant to the law in deaf at tine time the change in use is suughl. Conchnion of Love: ACHD requirements arc rounded to assure that the proposal .useldevclopmerrt will not place an unduc burden on the wasting vehioWar and pedestrian transportation systenn within the vioinity impacted by the proposed development Should you have any quostims or conmxcnts, please cow"t ileo Planning and Develop exit Division at 387-6170. vote v . Arnold Date of Comnnissm Action: TFffi'MIV' L.CM Page e TOTAL P.07 JAN 07 '99 15:26 PAGE.07 0 0 RECEIVED ADA COUNTY EVALUATION SHEET DEC 14 1998 City of Meridian City Clerk Office Proposed Development Name THOUSAND SPRINGS VILLAGE File No MERIDIAN Date Reviewed 12/10/98 Preliminary Stage XXXX Final Engineer/DeveloperBriags Engr. / Martin Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. PAGE TWO OF TWO "S. MOON DIPPER" is aligned with "HOOD RANCH" and will be named "S. HOOD RANCH AVENUE". "MOON DIPPER" will be reserved for this development. "S. LAVA AVE." is a duplication and cannot be used. Choose a new name for this portion of the plat and it will aligned to the north in another phase. "E. BARTH DRIVE" aligns with "MACKAY" and will be named "E. MACKAY DRIVE". "E. GOLDBUG CT." is aliened with "MACKAY" and will be named "E. MACKAY CT." "BARTH" and "GOLDBUG" will be reserved for this development. These findings are subiect to recordation of surrounding properties. 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, AY REPRESENTATIVES OR DESIGNEES 1,17— Ada County Engineer John PriestVDate �G d Ada Planning Association Ann Hurley Date - Q City of (impt Mrd) Representative ' Date Fire District Representative /< Date /2-1'x- NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section ti ADA COUNTY EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS VILLAGE File NoPP98-104 Date Reviewed 12/10/98 Preliminary Stage XXX Final Engineer/Developer Briggs Enqr. / Martin Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. The following existing street names shall appear on the plat. "E. VICTORY ROAD" "S. EAGLE ROAD" "E. ZIMS STREET" is aligned with "DWORSHAK" to the west and shall be named is devel "E. SHEEP CREEK STREET" is approved and shall appear on the plat. "S. PINE FLATS AVENUE" is approved since it is aligned to the north in another phase. "E. LOON CREEK DRIVE" is aligned with "LAKE CREEK" to the west and will be named "E LAKE CREEK DRIVE". "LOON CREEK" will be reserved for this development. 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, AGEN DESIGNEES v Ada County Engineer John Ada Planning Association Ann Hu City of(impt Mrd) Representat Fire District Meridian Representa REPRESENTATIVES OR Date Qi � - 10 - /- ,2 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N 1 E 20 Section PAGE ONE OF TW we(7CENTRAL C • DISTRICT ,hEALTH DEPARTMENT Rezone # Use # / Short Plat DISTRICT HEALTH DEPAR771ENT Environmental Health Division Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna ❑ ACz ❑ I . We have No Objections to this Proposal. DEC 1 1 199 ❑ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. P9 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .0 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: 12� central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ,® central water © 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store / 14. ���e 1"t'� C, :! f Z Call�liJ7 -C�?�Q T/0/� Date: ` p/1/C o­&l'lv7_0 01 AA f -eAV,'l Reviewed B Review Sheet CDHD 10/91 rrb, rev. 7/97 CENTRAL 00 DISTRICT rHEALTHDEPARTMENT MAIN OFFICE • 101 N. ARMSTRONG PL. • BOISE. ID 83704-0825 • (208) 375-5211 •FAX 327-K00 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. , STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices- for storm -water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Serving Valley, Elmore, Boise, and Ada Counties County Office Elmore C Valley County office Ada / Boise County Office Ada -WIC Satellite Office 520 E. Street N. 703 N. I st Srreet 707 N. Armsrong PI. 1606 Roberts Mountain Home, ID 83647 P.O. Sox 144 Boise. ID 83704 Boise. ID 83705 Enviro. Health: 587-9225 fvlcCall. ID. 83638 Enviro. Health: 327.7499 Ph. 334-3355 Family Health: 587-4407 Ph. 634-7194 552P Family Planning: 327-7400 FAX: 331-33WIC: 587-4409 FAX: 634-2174 Immunizations: 327-7450 FAX: 587.3521 Senior Nutrition: 327-7460 ® WIC: 327-7488 FAX: 327-85C0 9 December 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 PcElvED 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 RE: Preliminary Plat for Thousand Springs Village - Martin Development Inc. 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. 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 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 # 208-463-0092 Phones: Area Code 208 16 December 1998 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Kathy Stroschein Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 RE: Land Use Change Application — Thousand Springs Village Dear Kathy: 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 this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office or John Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer Cc: File Water Superintendent Vemetta Hastings & Gordan Harris Martin Development, Inc. Enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 12/28/98 MON 09:38 FAX Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (_08) 884-4264 CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 ]EAST IDAHO BUILDING D 7-2211 1ENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (� T�]� (zos> >is7-22I I RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-481 FJ`�' Er ' zB N,NG AND ZONING DEPARTNIENT KEITH BIRD ti.- (208) 884-5533 -PLC 2 ,. CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-104 REQUEST: PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT INC LOCATION OF PROPERTY OR PROJECT: North of E. Victory Road, West of S. Eagle Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z 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 PCI inn IIFPARTMFNT 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 X IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams <V) 1et� P Idaho Power tZ-2F+'q� 322-2047 DEC 28 '98 09:41 PAGE.01 w FECEIvED 5 ,q„ CITY OF MERIDIAN JON AND BONNIE GLICK 2860 E. VICTORY ROAD MERIDIAN, IDAHO 83642 January 4, 1998 To: City Clerk of the City of Meridian 33 East Idaho Meridian, Idaho 83642 From: Jon and Bonnie Glick 2860 E. Victory Rd. Meridian, Idaho 83642 Re: Application of Martin Development, Inc. for annexation and zoning and preliminary plat approval of approx. 21.54 acres of land located north of E. Victory Rd., west of S. Eagle Rd. for Thousand Springs Village. Our property is adjacent to this proposed development, directly south of Lot 18 in Block 3. Our first and foremost concern about this development which abuts us is that it is a much higher density than the properties adjacent to it. In the Meridian Comprehensive Plan it states under RURAL AREAS,6.8U: "New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." Why is it that the City of Meridian continues to consider and approve high density subdivisions abutting existing rural residential densities? We and our neighbors have lived in a rural residential area for 20 years and more. Now we are faced with multiple houses backed up against our property, blocking our view of the mountains and generally depriving us of the ambiance of rural living that we have enjoyed for many years. We know we cannot stop the development of these areas. But we would ask the Planning and Zoning Commission to please not approve R4 density for this area directly behind our property. "Transitional densities with larger more comparable lots to buffer..." between us and the main body of the subdivision would be more in line with the City of Meridian's own plan. We suggest, at the least, R2 density abutting our properties along Victory Road. This would be a better transition to our 2-5 acre lots. Also, 53 houses on 21 acres is approximately 4 houses per acre not counting the roads and common lots. This actually adds up to a higher density than R4. We are dismayed that building houses directly behind us will block our view of the mountains, something we have enjoyed for many years and that gives our own property more value. We ask that the houses on the culdesac of E. Goldburg Court in Block 3 be one story structures to preserve our view. We are concerned that the McDonald Lateral will be left in tact since that is how we irrigate our property. Also, will the easement for the Irrigation Company be preserved to the north of the McDonald Lateral? We notice that Lot 18 in Block 3 is a common lot. This is directly behind part of our property. We do not want this to be a drainage lot since our domestic water well is very close to this lot and we fear it would impact our drinking water. Also, what exactly will be placed on this common lot? We have an additional concern that this large of a development will affect our domestic wells in our area. Many folks have had to redrill deeper wells in the past few years. How will this development get domestic water and how will it be irrigated? Can we be assured that this won't affect our own, existing water supply? We would like to negotiate with the developer what kind of fence is put directly behind our property. We are concerned with traffic on Victory Rd. and Eagle Rd. with this high density subdivision coming in and the Thousand Springs Subdivision adjacent to it. The corner of Eagle and Victory Rd. is already a dangerous, busy intersection. What is the highway department doing to assure traffic flow? We ask that the developer have adequate covenants in place so that the homeowners are prohibited from having junk cars, campers, etc. lined up at the back of our property. We would like to see these covenants, if possible. We are generally opposed to this kind of high density development next to our rural residential properties. We would hope the City of Meridian will consider the Comprehensive Plan's guidelines in mandating lower density buffers to our larger properties. This will preserve a little of the rural ambiance we have enjoyed for many years. Thank you. January 8, 1999 City of Meridian Planning & Zone Commission 33 E.Idaho Meridian, ID 83642 Reference: Thousand Springs Village REcErvqD JA N 12 1999 City of Meridian City Clerk Office I am unable to attend the hearing January 12, 1999 on the proposed development of Thousand Springs Village. However, there is some concern I would like to be addressed. I have lived on this property at 2910 E. Victory Rd for 30 years. I have raised my children in this rural setting and enjoyed the rural lifestyle it provides. My husband died four years after we moved here and I have felt safe as a woman alone with children - _ __ _ _ _ - __ ---in this_ rural_ comm unity. -- - One of my biggest concerns is my ground water that supplies water to my house. Several years ago, I had to drill a new well after my old one went dry. Will this development sap the already low water levers in our area causing those of us with domestic wells to incur large expenses to redrill again. Will our Nampa Meridian Irrigation rights continue? We all have water pumps on this ditch line that enables us to irrigate our yards and acreage. What provision will be made for underground water uses and also sewerage waste? In regards to the Bourn that has been proposed. I would prefer the cap fenced of the landscaped to be masonry material as opposed to wood. Wood is functional, but after a few years wood discolors, bends, warps, falls apart and becomes an eye sore. Then who will be responsible to maintain this Bourn? I desire to stay on my property in my retirement and I fear so much of this kind of development will make my place unaffordable, causing my taxes and insurance to raise unreasonably. In addition, what protection do we have from our police and sheriff departments? Increase population will incur more crime, and dogs running the neighbor hood. I respectfully submit to you my desires be known and my concern with this development that the planners keeps in line with the lifestyle we have enjoyed for the last thirty years. Please enter my concerns on the record and consider my requests at the hearing. Thank you Sincerely, Vernetta Hastings 2910 E. Victory Rd. Meridian, ID 83642 FL fpp� QQ a p n FRE i$t fly • g�F LETTER"o OF BRIGGS ENGINEERING, Inc. 1800 West Overland Road • Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 TO brlY of /t16w,412/A-A/ TRANSMITTAL DATE ID N0. �y l�6 7 JOB NAME 74J,Cl W dl 1 111� !` JOB ADDRESS (e rY C4100K414d/C�ITY, STATE K 6f,L, U ❑ WE ARE SENDING YOU ❑ SHOP DRAWINGS ❑ ENCLOSED ❑ WE ARE RETURNING ❑ CHANGE ORDER ❑ COPY OF LETTER ❑ PLANS ❑ ORIGINALS ❑ FINAL PLA T ❑ SPECIF/CA TIONS ❑ COMPUTER DISK ❑ O THER ❑ UNDER SEPARATE COVER VIA ❑ FEDERAL EXPRESS 2 -COURIER IN THESE ARE TRANSMITTED AS CHECKED ❑ • • • - • ❑0 YAUR INFO RMAAGW❑ APRROVFD AS NOTED AS REOU£STED ❑ RETURNED FAIR CWRECTJAU [:1 FOR REVIEW AND COUMENT ❑ PRICE El FAR BIDS DU£ THESE ARE TRANSMITTED AS CHECKED ❑ REMARKS BELOW El S ❑ 0 RfWBMIT COMES FOR APPROVAL SUBMIT COPIES FAR DIVRIBUTIA'V RETURN CORRECTED PRINTS FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑0 YAUR INFO RMAAGW❑ APRROVFD AS NOTED AS REOU£STED ❑ RETURNED FAIR CWRECTJAU [:1 FOR REVIEW AND COUMENT ❑ PRICE El FAR BIDS DU£ REMARKS BELOW El S ❑ 0 RfWBMIT COMES FOR APPROVAL SUBMIT COPIES FAR DIVRIBUTIA'V RETURN CORRECTED PRINTS PLANNING AN NING COMMISSION JANUARY 12, 1 PAGE 38 Smith: Second. MacCoy: Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: Do I hear a motion as to the condition? Smith: Mr. Chairman I would like to make a motion that we recommend approval for this request for a preliminary plat with the inclusion of staff comments, ACHD report, and that the applicant provide evidence of availability of pressurized irrigation to this site. De Weerd: Second. Borup: Second. MacCoy: We've got two seconds all right. Any discussion? De Weerd: No. MacCoy: Seeing none, all in favor? MOTION CARRIED: All ayes. .(BREAK) ITEM NO.5 C. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING & PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC. —NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: MacCoy: Staff, what do you have to say about this one? Rossman: Mr. Chairman, you can if it would be easier, if you thought it would be easier for the commission to consolidate 5 & 6 since they are the same applicant if you like or you can keep them separate. MacCoy: Are you going to allow us to do that? Rossman: I will allow you to do that if you would like. MacCoy: Our past attorney has took me to task for that. Okay we are allowed to do it, I'll take your word for it. So we will take testimony on both of them and we will decide separately on each issue. Staff on 5 & 6? PLANNING AND NING COMMISSION JANUARY 12, 1W PAGE 39 Stiles: Chairman MacCoy and commissioners, we have reviewed the application. You have our comments that are dated January 7, 1999. We have received a response from the applicant, you should have that in your packets. We do request some additional information which the applicant has indicated they will submit. This property is currently located in what is designated as a mixed residential area. As a planning issue, I think we should be looking at encouraging higher densities along these corridors so that we can support public transit at a later date. They do have one out parcel that they are including with the annexation. They are not including as part of the plat. We would like the street improvements to be included through that parcel, which I believe Ada County Highway District has also requested as with Thousand Springs Subdivision they are proposing 50 foot wide right-of-way that would include a four foot planting strip, staff could support that configuration provided that they have the 22 foot setback from the back sidewalk and that the landscaping and irrigation is constructed with the subdivision and is not left up to the individual lot owners. MacCoy: Anything else? Okay. Freckleton: Mr. Chairman, member of the commission, from the public works standpoint, the only real biggie item that we see is this area, when you get closer to the intersection of Victory and Eagle it's getting higher in elevation. Our water model is indicating that we are going to be running into some pressure problems. I did make a comment in our staff report regarding the need for a booster station. Applicant has indicated that they have discussed it with their developer, so I just bring that to light. MacCoy: Good I'm glad that you did. Thank you. All right, it's a public hearing I'm going to open the thing—here she comes all ready to go. You are busy tonight. BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W. OVERLAND, BOISE, ID. Bowcutt: I'm representing the applicant in this matter. The project before you this evening is an annexation request with a rezone to an R-4 designation and a preliminary plat, which consists of 53 buildable lots and seven common lots. As Shari indicated you may ask why the annexation is for 21.54 acres, however the plat itself is 19.42 and that's because we included Mr. Harris's house parcel in our annexation. In our discussion with staff they indicated that it's difficult in the future to go back and annex these little enclaves where a landowner has retained their home on say a 2.5 acre 2 acre parcel. So it simplifies things and makes it easier for the city if we just include it. However, the landowner did not want to be part of the subdivision itself and he has a legal parcel with his house and then he had the adjoining acreage. This particular parcel adjoins Thousand Springs, this is Eagle Road and Victory right here. As you recall Thousand Springs Subdivision came through 8-9-10 months ago, time flies. I can't remember. PLANNING AN NING COMMISSION JANUARY 12, 1 PAGE 40 MacCoy: That's about right. Bowcutt: This particular subdivision had I believe 328 buildable lots, the requested zone on that is R-4 which is consistent with what we are proposing here. There were two stub streets provided within the Thousand Springs Subdivision here that we are making connection to within the Thousand Springs Village. This village parcel is being developed within the same family. Different family member, but related as the original Thousand Springs, that's why it carries a similar name. We had, I want to explain this one issue here, originally we had proposed this street laid right against this property line for extension of that street south into this parcel. In designing this development it occurred to me quite early that I had put this stub street into the wrong place. It was too close to this stub street and it caused intersection problems when I tried to extend it on through. It should have been located either through here, or like in this area here. Ada County Highway District originally thought it should go on through, but after reviewing it and looking at the straight street it would create and the speed that could—that one could reach as they went that 1800 feet, or 1600 feet, whatever it is, they decided against it. So what we are proposing is a micro path connection here so we would have pedestrian and bicycle connections up there. These plans for this cul-de-sac and that to the north has just been submitted for staff's review and City Council review on the final plat and it reflects this cul-de- sac, not abutting the parcel, but—and a micro path standing out. Staff in their review concurred with that. We do have an approach to Eagle Road and we provided one stub street here. There is a large parcel here that is undeveloped. Larger than the 2-3 acres that you find here. So they will have an opportunity to link into us. The fact that they are smaller—or that this parcel is smaller. I kind of envision a street coming in and then teeing. They could probably with the limited volume of traffic, probably get away with coming right out through us, as was stated in the previous discussions trying to limit the number of approaches to Eagle Road, that would be an opportunity there. We've got a pocket park here that is also the lowest point of the property in that northwest corner. Our intent is to take our storm drainage there. I've made that lot a pretty good size so that it will be a soft swill. There is also a ditch that is being piped up through that area, so we would have an overflow pipe to take some of that water away, which also gives us additional capacity and we don't have to put the pond so deep. That acreage on the (Inaudible) is about 25,000 square feet. 25.58 something so it's a little over a half acre and the micro path, like I said will run right along the perimeter. We want it to function as a pocket park. In here we've continued the landscaping, there is landscaping right here next to Mrs. Glick's property. We've continued that landscaping here and the lots begin along this perimeter. One of the things that I looked at when we laid this out, when we put the cul-de-sac's in our lots get a little bit bigger. These lots here are 18,824 – 17,273 – I've got a 16,900 and then we've got one that is 12,527 and 13,235. So they are deeper lots, they are bigger lots. One of the reasons we've got the McDonald Lateral that comes in and just terminates right here at us. There is a pipe that comes PLANNING AND NING COMMISSION JANUARY 12, 1 PAGE 41 over and it just dumps into the Ridenbaugh Canal, that's the end of the line. We propose to pipe the McDonald Lateral. Boise Project Border Control states it will probably take a 24 inch pipe. The existing easement is 36 feet. I just found that out today. They had to research it. From their initial review they believe they will want some type of a small access road over the pipe for future maintenance. The depth on that lot is like 152, this dimension is 245, I've got a 138. I've also got a little additional depth there, so we may push that up a little bit to give us a little more room there. They will not allow berming, nor will they allow fencing to encroach within their easement. That's according to Phil Komigas (sic) with the Boise Project Border Control. The lots in here are consistent with the sizes we have in Thousand Springs #1. As you can see a lot of these lots are 10,000, we have a bunch that are, all these right through here are around 15,000, these are 14,000, 1 think my smallest lot is like 9,280 and that's right up here. Those are my smallest lots and they are 80 X 116. We've provided real nice depths, so these homes will have real nice back yards. We feel that it is consistent with what has been developed in this area. It's linking in with the Thousand Springs, sewer and water will be extended through the site, we provided evidence that it can be sewered. I have had discussions with Bruce on the sewer station for the water, it's understood that it will be the responsibility of Thousand Springs Development to put that booster in. We are coordinating with staff on how that is going to be done and in the first phase we will be making some provisions for the connection and then the booster station will be built when the city staff indicates it's necessary. I have talked to one of the neighbors, Rex Young. He had some questions about transitional lot sizes, fencing, berming, type of fencing. Along this area here, Mrs. Glick wanted like some berming six foot fence with kind of a cap so we didn't end up with a dog earred. This particular developer said he was willing to match that and go ahead and take that fence right through here, so it will be consistent with what is being done right here. As far as berming along this particular area right here. I kind of have some concerns about berming that I passed on to Mr. Young. The berm and you put the fence— if the berm goes down to lets say a property line and then the fence is on top, who maintains the backside of the berm. That is one of the problems that we have. The other issue is since the irrigation district won't allow us to encroach with the berm over the pipe, where would a berm be placed? Berms do cause us some difficulty and I'm not convinced that they make a real good screen or that they are a necessity when you are talking residential with residential. When I showed Mr. Young that the lot sizes that we have made an attempt to make deeper larger lots adjoining his property. We put that little cul-de-sac there. We've only got really these three lots that adjoin Mrs. Glick, Mrs. Hastings, and Mr. Young, his property comes out here, he abuts I think about at this point. So the impact I think is not that great. It will be a good development, will benefit this area. We've also, I want to make note of this, we stub to this out parcel. The highway district asked us to do that. After drafting their staff report they called and said they wanted public street access to the out parcel, so I moved that street over. The number of lots remain the same. So I just want to note that for the record. You can see I had a (Inaudible) we looked at taking a stub street PLANNING AN NING COMMISSION JANUARY 12, 1 PAGE 42 straight across and it didn't work real well. So what we did is we took this street and we slid it over, so these lots came over here. So I do want to make that part of the public record. I believe staffs, one of her conditions was consistent with the highway district provide a public street access to the out parcel. We'll be doing curb gutter and sidewalk, or not curb gutter sidewalk, sidewalk excuse me on Eagle Road as requested by Ada County Highway District. They also stated that they wanted a continuous section of sidewalk, (Inaudible) across the out parcel here. Staff's comment was the same, so we don't have a break in that sidewalk linkage, they carried on right through here. The right-of-way Mr. Harris indicated that he would be willing to sell additional right-of-way to match our right- of-way from his parcel, which he would be compensated from the highway district. MacCoy: I've got one to start with, you mentioned the Glicks, we have a letter in our file which you probably have also. Were you able to satisfy the Glicks to some extent? Bowcutt: I haven't talked to Mrs. Glick about this phase of the project, but I did talk with her on the original Thousand Springs and I think the key issues were nice fencing, berming, landscaping, so that she was buffered. She didn't want any storm drainage next to her site, her parcel, which we would not. On the south side of the property, that's the highest point elevation wise, so there is no way you could retain storm drainage in that location. I think those were some of the key issues that we worked out on the original one. We are willing to work with her to try and come up with something that is acceptable. We obviously don't want to impose on her privacy and protect her rights also. MacCoy: Commissioners do you have any questions? Borup: Just one, you answered all my questions that I already had written down. I assume that you have no concern with any of the staff comments, either city or ACRD. You didn't mention any. Bowcutt: No sir, I think we pretty much concurred with staff on almost all items. Staff agreed with the 50 foot right-of-way and the 5 foot sidewalks offset four feet if the developer agreed to install that landscaping and the trees within our four foot, so that it's consistent throughout the development. So I think staff, we agreed that we would meet staff's requirements. Borup: You said almost all. Bowcutt: Well, I can't remember, was there any—I don't think there was anything that we disagreed on sir. Not that I can see. Borup: You need to work on that then. PLANNING AN NTNG COMMISSION JANUARY 12, 1� PAGE 43 Bowcutt: Okay, it's getting late. Borup: No work on getting some disagreements. Bowcutt: Oh, working on getting some disagreements. MacCoy: Anybody else? Smith: Not at this time. MacCoy: Keeping with what I said earlier, both items #5 & 6 we are taking at one time at least for this part of the program and then we will vote separately on each one of them. Is there anyone here in favor of the project who would like to speak? BOB BELL, 994 N. CAUCUS WAY, MERIDIAN, ID. Bell: I own the piece of property that is just to the south of this development. I don't completely understand the process of how this gets approved and so forth, but I wanted to make the commission aware that I will be requesting annexation and rezone of my property and ask that as they are making decisions on this, which is ahead of mine, that they keep this in mind. Things like sewer and water and drainage and this kind of thing. I don't know whether I would get involved normally or not, but it's a request of the commission. MacCoy: Well, maybe to ease your mind, you have already heard particularly Mr. Borup will be here, he keeps track of this stuff project to project and we try to make a flow out of the thing so what we have agreed to carries on so. You can remind us later if you want to, but we try to do that. Borup: Just one question, did the stub street that was proposed look like it worked out for what you have in mind? I don't know that they did much different, but that's always been a pretty standard thing that there is access provided to adjoining properties, so that's what they have tried to do here it looks like. Bell: I couldn't see the picture, but the picture I have, the stub street would be fine. Borup: I think that stayed the same. Bell: Yes. Borup: The only thing that may effect you is the statement that Bruce Freckleton made on water pressure. PLANNING AND NING COMMISSION JANUARY 12,19W PAGE 44 Bell: I'm concerned about both water pressure and sewage and I would really like to hookup to city services and not redo things as they are laid down. MacCoy: Any other questions of this gentleman? No, okay thank you very much sir. Anyone else want to speak in favor of this project? If not, anyone want to speak on the negative side of this project. Here we go. REX YOUNG, 2950 E. VICTORY ROAD, MERIDIAN, ID. Young: I want to speak to the negative aspects of the project. I'm not sure if I'm in favor or against, it just depends on how things go. MacCoy: That's okay, you can still speak. Young: I live immediately to the south of this proposed development. I've been there for some 28 years and needless to say I'm not happy about subdivisions going in, but I understand that it's coming and we just as well accept it and try and make things as palatable as we can possibly can. Having lived there for 28 years there has been a lot of changes. This morning as I walked out to get my newspaper I walked across Victory Road, got the paper and stood there and waited while 17 cars went by either coming or going. That is drastically different than some 28 years ago. MacCoy: I'm sure it is. Young: As far as the project is concerned, I have some concerns and one thing that I would like to be able to do, I would like to be able to protect my privacy as far as possible. Living immediately to the south, I have a two acre lot and I've just am concerned with doing everything that we can so that I can continue to enjoy if you will some degree of privacy that I have come to enjoy. Some of the concerns that I have, and I talked with Becky and she was very, very helpful. There are still some questions that are unanswered. There is talk about possibly covering the McDonald lateral by putting it in pipe and the rotation manager for myself and three other property owners for a total of four, three of which are impacted by this development. My personal opinion, I have no objection if it is. put in a pipe as long as I have access so I can continue to pump... (END OF TAPE) Young: ... each one of the property owners has their own pumping station, so each one would have to be provided those type of opportunities. Another thing that I'm concerned about and I didn't see anything that indicated that there would be a well going in on this development, but just for the record, my well failed during the drought years and I've had an opportunity of putting a new one in and anytime a subdivision goes in or anything like it, I get concerned about.the underground water table. Where city water and sewer is coming in, I would PLANNING ANNING COMMISSION JANUARY 12, 1 PAGE 45 assume that that wouldn't be a problem, but it's always something that a person has to be concerned with. MacCoy: Can you tell us how deep your new well is? Young: 170 feet. Before the drought, I was at 64 feet. MacCoy: Quite costly to go down to 170. Young: Considerably more costly than it was per foot, when the well was initially put in. I had a concern about the right-of-way and roadway along the south portion of the development and Becky told me tonight that the right-of-way extends 15 feet south of the center line of the ditch and 21 feet to the north and that the roadway along the McDonald Lateral will remain. I was glad to hear that and hope that that is certainly the case. A concern that I do have, the Glick's Property to their west and the Thousand Springs Subdivision, they've got berming and fencing, that wraps around to the north of the property and that's where the berming stops. I would like very much to see that berming continue. It will be a buffer between my property and their property and will provide me some additional privacy. I would like to see that berm landscaped and maintained and I would like to see a masonry fence on that berm. I talked with Mrs. Hastings, she is out of town, not able to attend this hearing and she indicated that she was going to write a letter. She has some of the same concerns that I do. Hopefully we can work together with the developers so that we can get what we would like to have and the concessions that we think we need to have and they will be able to push on with their subdivision. Do you have any questions? MacCoy: Okay, thank you. Any questions here? Borup: I have one for Mr. Young and that's on the berm. You said you would like a berm along the property line? You didn't explain, where would you like that located? Young: Well, it would have to be... Smith: Could we get that map back up here? Borup: I've got the plat and I (Inaudible) you are talking along that property, but are you saying along the McDonald Lateral? Young: If I understand it correctly... Bowcutt: Show them where you house is... Young: My home is right here. PLANNING ANDJUNING COMMISSION JANUARY 12, 19W is PAGE 46 BOwcutt: So you are about what? 130 feet? Young: From where? Bowcutt: (Inaudible). Young: Now this is the lateral along here and there is a 21 foot easement and would like to see that berm on the other side of that 21 foot easement. Borup: On the other side? Young: I don't think the irrigation people will let me put it on the roadway or... Borup: No, that's what was testified earlier and that's what I was wondering. Smith: So to the east property line on Lot 14. Bowcutt: It would be the south property line of Lot 15. Young: Yeah, the south property line of Lot 15 and would extend over on to the corner of Lot 14. Smith: The corner of 15 and 14. Young: Yeah. I know Mrs. Hastings is interested in the same thing on her property and their should be a letter on file to that extent. Borup: We got her letter. Young: Any other questions? Smith: And you are asking for some type of masonry fence, as opposed to wood? Young: That would be my preference, I saw too many wood fences in subdivisions that the fences aren't maintained and three years after they go in, why it's nothing but a mess. With the masonry fence, you certainly wouldn't have that problem. Smith: But before you sit down, this would be addressed to Bruce, are these individuals who Mr. Young mentioned that he coordinates their irrigation schedule. Are they all going to be able to access this lateral once it's enclosed or are they going to incur expense and can that water pumping station be sized to accommodate the previous gentleman's comments about the possibility of him developing his land? Two questions. PLANNING AND"NING COMMISSION JANUARY 12, 1 PAGE 47 Freckleton: Mr. Chairman, Commissioner Smith, Shari and I were just sitting here discussing that. I wasn't totally clear on how the water system worked through there. Is it correct to understand that these pump stations exist now? Young: Yes. Freckleton: Okay, typically we require a common lot down through there so people would have access to those facilities. We could do that. (Inaudible) Freckleton: Attach it to the other common lot and run it down the back of those lot lines. Is that the first part of your question? Smith: That was the first part of the question. Young: I'm not sure that I understood what he said. Smith: You will still have access to your water. Freckleton: It would be left open from the street coming in you will be able to get down through there. I would assume that he would still have to have— (Inaudible) Freckleton: ... come in the other direction? Okay. (Inaudible) Freckleton: But you wouldn't have to go into somebody's back yard to get to your water. Young: I certainly hope not. Freckleton: Yeah. The second part of your question was? Smith: The booster pump that is going to be required for the water, the domestic water. Can it be sized so it doesn't have to be redone when the parcel to the south develops (Inaudible). Freckleton: It would be our intention to size that booster station to where it would handle the service area, this area out here. Smith: Okay. PLANNING ANC&NING COMMISSION JANUARY 12, 19 9 PAGE 48 Freckleton: We do have a well site down near the Ridenbaugh Canal. We don't intend to drill that well at this point in time. You had asked that question. Typically our city wells are considerable deeper than what your domestic well is. We go into the deeper aquifers. Young: Which if I may, doesn't that sometimes tend to lower the water table on the shallower aquifers? Freckleton: That's a good question for a hydro -geologist, not myself. I can't answer that, don't know. Smith: Thank you engineer Bruce, that was all of my questions for Mr. Young, thanks. MacCoy: Thank you very much. Is anyone—here we go. JIM ALLEN, 3040 E. VICTORY, MERIDIAN, ID. Allen: I think these two gentlemen over here are good farmers and they have taken care of me. I own the property just east of Mr. Young. It has a little V in the top of it. My biggest concern I guess is with irrigation. I know that I'm going to be looking at roof lines, hopefully somebody designed some roofs that are nice to look at. Primary concern, I guess is irrigation because as Mr. Young indicated, there are seven of us that irrigate out of that lateral, all have different pumping stations. I keep stock on my place, so I'm concerned about that, that I end up having an attractive nuisance but also think that it's my right to farm my ground as I see it. So I would like that recorded. MacCoy: That's required by state law, anyway. (Inaudible) Allen: Some of the other neighbors keep stock too. Thank you. Borup: Mr. Allen I did have a question. The lateral, (Inaudible) I understand does run from east to west, is that correct? So behind your -- Allen: (Inaudible) east to northwest. Borup: It appears to me then that the lateral behind your property which should be—you are pumping out of an open ditch at this time? Allen: Yes. Borup: Behind your property. It's my understanding that's going to stay open so they won't be doing anything that would effect— Allen: You are going to leave it open? PLANNING ANNING COMMISSION JANUARY 12,1979 PAGE 49 Bowcutt: By you, yes. Borup: Because they don't have any other choice, they don't own or control that property. Young: Bob does. Borup: Right, so he is the one you need to talk to. The other (Inaudible) will all have access to their pumping stations and access to the ditch and I would assume if something else comes up along your property it's going to stay the same. Young: Okay, great. Thank you. MacCoy: I think we are on a roll now. DAVE MARQUART, 3100 E. VICTORY, MERIDIAN, ID Marquart: I'm the property just to the east of Jim Allen and I have some questions that I would like to ask. I don't know whether of the commission or of staff. I think the first question that I have is concerning your item number 5 annexation. I looked at your map today and there is nothing contiguous to this property for annexation, unless the map isn't up to date. Borup: It's hard to keep that up to date. Freckleton: It's not up to date. Marquart: Is there a property contiguous to this that is already annexed officially? Okay good, thank you. That was the first question that I had for that. The pipe into the later is one that I have here that I had for that and I won't be affected by that at this time, but if Mr. Bell comes back, I'll be affected by that later. I would like to address the issue of the lighting standards that were in your packet, I do amateur astronomy, and it's a beautiful place to do that. I would like to have in your plans that the lighting not be polluted anymore than possible upward and that the lighting be addressed in the downward condition, so that we can still continue to enjoy not only the hobbies that I have in astronomy, but also my neighbors with the darkness, because it is very nice out there. I would agree with the berming that was mentioned earlier by Mr. Young and the Glick family. I think that is very nice. I do have some specific questions that I wonder if you might be able to help me answer those. Becky, may I use your (Inaudible)? I could only count six common lots, rather than seven. I don't know where the seventh one is, but when we looked at it earlier, we could count the 53 lots, but we couldn't count the seven common, so I don't know where that one is. But if I could draw your attention to lot #6, Block 5, this little small sliver on the right hand—on the left hand corner there on the west side. My understanding that PLANNING ANNING COMMISSION JANUARY 12, 1 gn PAGE 50 common lot is going to be used for drainage of water. I don't know how your Comprehensive Plan addresses drainage of water. Do you have to keep that water on site or can it flow into somebody else's subdivision? I don't know the answer to that, because it looks like this lot is— Freckleton: Mr. Marquart, since you and I talked at the table here, I have talked with Becky and she has given me some clarification on that, because I was a bit confused as well. That lot, the map is incorrect, the drainage will not be collected on that lot 6, the drainage does go on to the northwest corner and is collected in lot 18, block 1 noted as common lot and drainage area, up in that corner. That sliver of a lot is simply going to be added to a residential lot, in Thousand Springs to make it bigger and more buildable. That's just a point of clarification for you, because I told you wrong earlier. Marquart: So the lot in the original Thousand Springs needed to be larger and they sneaked a little out of this property to do it? Freckleton: Correct. Marquart: I don't know if that's kosher you guys, but that's what happens. The other thing is, and I may have to speak with Mr. –1 can't think of his name right now, our gentleman friend right here. De Weerd: Harris? Marquart: It appears that the lot, that this number 6 that is no longer going to be a part of a drainage system but Block 1, Lot 18 will be, it was mentioned earlier when I spoke with Bruce that that might be a pipe that was already in existence and if that pipe already is in existence, I believe that is an irrigation pipe, not a drainage pipe. I'd need clarification on that. Can we dump drainage water into an irrigation pipe, that's already live. Will Meridian Irrigation District allow that? I hear a lot of silence over there. Freckleton: First of all, City of Meridian doesn't have an irrigation district. Marquart: No, Nampa. Freckleton: Nampa/Meridian Irrigation District. Becky is this ditch under their jurisdiction or is it under Boise Project Border control? It's a question that maybe she could answer better than I. Bowcutt: The topography of the property is—this is the lowest by far the lowest point on this parcel. Historically the parcel drains in that direction. As you can see this ditch, you can see the ditch here existing. Historically if a parcel drains to a particular facility we are allowed if treated to discharge the pre -development flow. Meaning the amount of flow that came off the parcel in it's undeveloped PLANNING AN NING COMMISSION JANUARY 12, 1 PAGE 51 form. If that particular irrigation district who governs it agrees to it. That is under state law and that keeps you if you own property next to me, from shutting your drainage ditch off (Inaudible) my parcel when I irrigate it, the slough goes into your drainage ditch, it keeps those drainage facilities moving on. That applies to developable land. What we can't discharge is the post development flow. You must retain that on site. So there is a differentiation between the two. Marquart: But it has to be treated before it goes? Bowcutt: Yes sir. That's why— Marquart: How do you treat that? Bowcutt: In this particular one, it's treated with sand and grease traps as the storm drainage is collected off the streets, that's the facilities you see here, then it's discharged into that lot being over a half acre, it's all turfed and landscaped and as the water flows across through it, you get the sedimentation, the settlement of the impurities that possibly weren't picked up in the sand and grease traps which ACHD cleans out. We also have subsurface gravel, sand filters, any nuisance water if there is just a little bit of rain, that's filtered where it will percolate into the pond. So anything that would overflow, it would have to reach a certain elevation. It would be like in a 100 year storm, it gives you a safety factor, those overflows, that's what it does for you. If we have a terrible storm, there is a safety factor. The cities experience with those (Inaudible) without any overflows has been bad. Is that not correct Bruce? Freckleton: That is true, quite true. Way bad. Marquart: It would've been nice if we had a neighborhood meeting, we could have solved a lot of these problems earlier. A lot of these questions. Also with my neighbor who mentioned about the agricultural section on the Idaho Code 224503, that would be on the plat before it's the (Inaudible). The ditches I think are fine. On your site specific comments on your packet, commissioners if you would number two, residential use, a variety of housing types and densities was intended for this area. I would agree with that and I would also like to have you take a look at the fact that larger lot sizes, larger than what is proposed on the south side to buffer our neighbors on that side would be nice for you to do. Number seven on your site specific irrigation, I think that is nice to conserve water resources and Becky has taken a look at number eight there and has addressed that well for me. Number 13 is certainly the same thing with the drainage issue. Number 14 on site specific I think the highway width is certainly appropriate and the way it's been addressed with providing the pressurized irrigation, if Becky would agree to would be nice to keep those wheat patches from growing and nobody able to take care of those. By the way, I don't believe that ACHD has heard this yet officially, I don't think the commissioners have heard this, I believe it's going to the commissioners on the 27th of January? PLANNING ANNING COMMISSION a JANUARY 12, 1 gn PAGE 52 Bowcutt: They have heard it. Marquart: They have heard it? Bowcutt: Yes sir, and they asked us to extend the stub street. They have no adopted the revised staff report, but (Inaudible). Marquart: Great, but not the revised. Okay. MacCoy: We are having a hard time we can't hear her coming back and so you are asking questions that aren't being recorded. It's to your benefit that (Inaudible) and there is a letter of narrative from Ms. Bowcutt's firm that states in number 10 that the development is compatible with adjacent residential uses. The design provides for larger lots next to the existing one acre lots along the south boundary. I would like to bring to your attention that those lots are not one acre, mine is the smallest lot and I'm over an acre. Most of the lots .there are two acres plus. The sizes of the lots, if we are actually doing a transitional from one subdivision to these lots, they are not one acre lots that we are looking at, they are two acre plus lots. So I think that's another reason why we might have a little larger transitional lots on this. The other thing that bothers me a bit is the letter that you received from Mr. Carberry on the school district. All the schools are filled, over capacity, not at capacity, but over capacity and I think your letter indicates that. I think it would be who of us all to take a look at that very carefully. As these subs come on line. In addition to the parks, I believe as I look through your Comprehensive Plan, your plan calls for five acres of park land for every one thousand residence and the testimony this morning or earlier today—seems like this morning stated that there be 500 or 328 lots in the other subdivision plus 53 in this one. I don't know what the demographics are, but if you just figure 3 people in a residence, that's over 1,100 people. Where is our five acre park? Is it in the other subdivision that we don't see here? Yes? Okay. Of course we don't have that opportunity to take a look at that. Well those are the comments that I have, stand for questions. MacCoy: Thank you very much. Anybody else? BONNIE GLICK. Glick: I live, of course, where is the map? (Inaudible) My property is right here. have two, a little over two acres that abut Thousand Springs and then right here where they brought this landscaping area around is right behind my place. My house however, I don't know if you have any maps that show the way my house looks. Do you have it? My house. It sits in a direction that looks northeast, so if you look on this plat, it shows that this landscaping area, this common lot 18 is right behind my property, but my house actually looks right over lots 17 & 16, that's where my house looks. So one of my issues, whatever goes there, I want PLANNING ANDNING COMMISSION JANUARY 12,19M PAGE 53 it to be single story, because I have this gorgeous view of the mountains and I've had it for 16 years and I love it, and I don't want to have it blocked off by a big monstrous two story house. So, that's one of my requests. Becky, that was in my letter too. A couple of concerns that I have, I feel a little bit like a broken record, but you know, I keep referring back to the Comprehensive Plan and earlier I heard the attorney say if it's inconsistent with the Comprehensive Plan, we can't approve it. Well, in the land view section under rural areas, 6.8U it says that new urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger more comparable lot sizes and Mr. Young has addressed this as has Mr. Marquart, and I still want to see right behind me—like lot 17 & 16, make that into one lot and put one house on that lot, rather than two houses right there. Sixteen is not that large of a lot. As they said before, these properties south of this area are all two acres plus. These houses on these little lots are not near comparable lot sizes to our properties and I go back to the Comprehensive Plan and say why do we keep approving these large high densities next to our rural residential properties that have been here for two decades. I'm a little baffled by that and disturbed by it. I too am concerned about piping the lateral there and I guess that I didn't understand the discussion that happened. My question is even if they put a common lot there, my understanding is that's so we can access the lateral, was that correct? If it's piped. Smith: Yes. Glick: If it's piped, however, how do we— Smith: It won't be piped. Will it be piped? Glick: Well however, (Inaudible) it's got to be piped if it's going to be covered. It's going to be piped. So how do we—we right now have a well that is sunk into the canal, into the lateral that we have an irrigation system on our place from that. How will we access that water once it's piped? I mean, does our pump still sit there? Is there going to be like a box where our pump can still be sunk or how does that work? (Inaudible) okay. So there is no extra expense to us is what I'm asking I guess, okay. Freckleton: To address that, Briggs Engineering in their design for the subdivision and their design for the tiling of the McDonald Lateral, they would have to incorporate each one of your pump stations into their design to be able to provide you with the water that you have historically had. Glick: Okay, thank you. Let's see. As Mr. Young said, I agree that coming around that corner from Thousand Springs, right by my place here. I had negotiated with Becky that we would come around and have the capped fence and it seems to me that there ought to be something consistent to go around that corner, instead of this abrupt change. This comes up the side of our property PLANNING ANNING COMMISSION JANUARY 12, 1979 PAGE 54 right here and then, my understanding now is that it stops and something else starts. Is there anyway that we can have a consistent fence coming around that corner, so it would be a capped fence, hopefully? Okay. Lot #18, 1 just want to make sure that is not a drainage lot behind me. Okay. I too like Mr. Young have a real concern about our domestic well. I sort of gather from the conversation that happened earlier is that we can't really get an answer from anybody about how is this going to effect our domestic wells. You know we've been there for 20 years, we have our well sunk. Many of us have re -drilled, Mrs. Hastings has re - drilled, Mr. Young has re -drilled. Ours is about 110 feet I think and it worries me when you guys are sinking these deep wells in even though they are deeper than ours, like you know my understanding is too that the shallow wells then sort of get sucked by the deeper wells. So if all these wells are going in behind us to provide water for this development, who can guarantee me that I'm not going to end up with no water. Freckleton: If I could address that a little bit. I'm not a hydro -geologist. The city wells typically, the ones that we've been drilling lately have been 600-700 feet deep. Typically those aquifers are sealed from each other. They are not interconnected. Especially at those kind of differentials of depth. I don't know if that helps you any or not, but typically you don't see big draw downs. Borup: I'm not a geologist either, but that's—I've read articles about it and that's exactly the same thing that other experts have said. (Inaudible) Freckleton: Our wells are solid cased down to those depths, you know, our pumping depths where we will have our screens. We do case off those upper water layers. Glick: Well, it doesn't feel like a complete guarantee which is what I'm looking for, but I guess— Smith: How far away is the well that services this project? Freckleton: The well that will service this project is clear over on Locust Grove at Los Alimitos, at the entrance of Los Alimitos. The new well Thousand Springs dedicated a well site and it is on Eagle Road, adjacent to the Ridenbaugh Canal. So, roughly half a mile to the northeast. Glick: Okay, I'm concerned too about the traffic. Like Rex Young, I go out and that's a dangerous highway. People are driving up and down that highway at 60- 65 miles per hour and the corner of Eagle and Victory Road is a busy intersection. I don't know how ACHD is planning on moving that traffic once these large density subdivisions come in, but there is going to have to be something done. Has there been any discussion of that at all with that corner up there Eagle and Victory? The other thing that I have a concern about is the covenant that they are going to put in place, if there is any way that we can make PLANNING ANC&NING COMMISSION JANUARY 12, 1 PAGE 55 sure that those are in place and we won't end up with junk cars and campers and everything backed up next to our houses. Basically those are my concerns. I think I look at the density of this right behind us and one of the biggest concerns is, you know we have two acres and with all the berming and landscaping you want to do you still aren't doing transitional lots when you have got how many houses backed up to—our properties there to the south probably add up to six or seven acres and you've got a number of houses right there behind us in the same amount of acreage. So I would appreciate whatever you can do for those considerations. Any questions? MacCoy: I'm going to answer one of your questions to do with the Victory -Eagle roadways and so on. Yes ACHD has mapped out and planned the future of that down to something like 25 years in the future right now and they've got them all marked as far as about when they are going to have to go forward. Glick: Are they going to widen Victory Road? MacCoy: They will widen Victory Road, they will widen Eagle again besides on the way down. You know what Eagle is up North, it will be carried further south as we get more and more people out there. Which is where it is going to go, it's going to go both ways. It goes south, it's going to go north of 84 because our city is growing. If you look at it, we are about 33,000-34,000 now. The year 2004 to some place in there or 2005 they are predicting we'll be somewhere close to between 50,000-60,000 people in Meridian alone. So you can imagine when it happens. Nampa is also growing in a very fast rate and Boise is almost out of land, so. I don't know what you are going to do to pull the plug to stop all this, because people know a good place when they see it is what I think it amounts to. Glick: Well I guess my admiration would be let's keep it a good place. MacCoy: (Inaudible) I don't know how you stop that, there is a very historic court order that was taken in California when the Oklahoma people moved into California thinking they found the promised land, which it was, but California said no way, so they passed a law in the state of California (Inaudible) take a walk. The federal government stepped in and thou shall not be able to do that including every state there is, you can not force people out, you can't keep them out. Glick: Well I do appreciate the consideration that you guys have made for our wishes and I hope that we can work together to reach a conclusion that is good for all of us. MacCoy: I'll put one more plug in here. The firm that Becky works for has shown in the past that they do as much as they can for the people that around there, because they feel too that you have got quite a nice place and they would like to have a nice place when they leave. So I think they do a good job. Thank you. Any questions for Mrs. Glick. PLANNING ANC&NING COMMISSION JANUARY 12, 1 9M PAGE 56 Borup: I maybe more of—go ahead. Smith: Well go ahead. I'll go. Borup: She had made a reference to the comp plan, I assume she was talking about the reference in her letter. Were you aware that that section was referred to rural areas, outside of the limits, it didn't apply to areas in the city limits? Okay just maybe a clarification there. Glick: But we are not in the city limits. Borup: This annexation, the subdivision is. I mean there is a lot of other things that it talks about. It's not talking about areas that are adjoining the city limits. I don't believe, at least in my interpretation of the one that you referenced to. But also as we discussed earlier, this subdivision—the density isn't, it's below the three per acre. That's already been mentioned earlier, according to the comp plan in that area, they need to add a few more lots in here. Sorry about that Shari. MacCoy: (Inaudible) you and I both sat on the board some years ago when there was another project that went in there which we denied because we thought the density was too high if you recall that. Borup: That was before my time. MacCoy: No it wasn't either. Borup: Yes it was, but I know what you were talking about, Highland Ranch. Smith: I would like to just tell Mrs. Glick that I do agree on you with that transitional lot sizes. I think it's unfortunate. This context, you know this Thousand Springs Subdivision is quite large, it seems to be contiguous with that. I—since I've been on this commission a year and a half, I have not seen a project come through proposing a density less than an R-4 zoning. It's disturbing to me, but I'm not going to get on my R-4 soap box right now. MacCoy: Thank you. Smith: Leading into that, Shari you made a comment about higher density along, I guess it was Eagle Road, this is—well it used to be out in the sticks, but there is no, to my knowledge, there is no other higher density along Eagle Road anywhere close that would, could even begin to support some kind of mass transit system. Are you talking buses, are you talking -what are you, could you clarify that statement and just how this project in its proposed—it's fairly small in perspective to the whole are that is going to be developed in the residential and PLANNING AN� NING COMMISSION JANUARY 12, 1989 PAGE 57 how this project could address a higher density that would answer your concern about... Stiles: You have to understand that in Meridian R-4 is low density. That's considered low density. Smith: Don't get me on this R-4 soap box. I want you to talk about the higher density along that you had referred to. Higher density higher than this subdivision is proposing. Stiles: Along arterial corridors unless the City of Meridian starts developing high density and I mean high density 15-20 units per acre along these corridors, we will never be able to support a public transit system of any kind. Smith: I'm sure you are going to make sure that's addressed in the Comprehensive Plan Amendments. MacCoy: Yes it will be. Stiles: It's already in the Comprehensive Plan and this is designated as a mixed residential area, which meant that there would be a mixture of housing types within this area and preferably higher density along the arterials. As far as this being high density, it's not. Smith: Well I think we've heard from a number of other individuals tonight who disagree with that statement. I have a tendency to agree with them and maybe it's just because I've lived in this state for a long time, I remember what it used to be like. I think the City of Meridian is making a major mistake having all the same type of housing everywhere, whether it's R-4, there has nothing been proposed as less, has less density, very little projects that have more density, the hodge-podge around and I'm going to stop because I'm... MacCoy: Commissioner Smith you are going to be on the board anyway when we go through the Comprehensive Plan for it's review, so you will have a chance to do a lot of discussion there. Smith: Yeah, I'll close that can of worms, because that is not entering into my— that's not an issue to me on this project. MacCoy: Let's move on, it's getting late. Okay, you want to say something to us here? Bowcutt: I would just like to address some of the statements that the neighbors had to get this on the record. One statement that I would like to state in support of what Shari said, in previous discussion, Eagle Road north you indicated, I don't feel that corridor is appropriate for single family housing. I think maybe 10- PLANNING ANCONING COMMISSION JANUARY 12, 1999 PAGE 58 15 years from now, as you go south of the interstate, you may have the same feeling as the volume of traffic increase. I think what Shari is getting at in the comp plan, it calls for mixed residential, which allows one to increase densities and have multiple types of residential uses 4-plexes, some apartments or so forth. You will see a change in development once the city imposes some type of a planned unit development chapter that can be worked with, where you get what you want, the mixed uses. The lower density that can be supported by some higher density pockets over by next to the arterials. This is 2.7 dwelling units per acre, we drop any lower than this, this project won't happen. You can't afford to build the sewer, the water, the streets, put in the street lights and the hydrants, it won't happen. We are in an R-4 mindset, I agree, but we've been forced into that mindset with some of the problems with the ordinance and with the comp plan changes that you guys are getting ready to do, I applaud it, you are getting closer, that's your first step. Then you go into the ordinance and start bringing it up to date with good strong PUD chapters that require amenities such as open space, swimming pools, tennis courts, trade offs for this high density. I won't get off my soap box, I just want to put that on the record. On the well issue, I just want to state that in my dealings with south county water and united water, we've done major wells on other subdivisions in different areas. I'm no hydrologist unlike Bruce, but what I've been told by those experts is that when we get down in that 500-600-700 foot level, that is that third aquifer, we have three. The very shallow, the middle and then that deep one. When that well does go in, in Thousand Springs, the effect on the adjoining shallow wells should not be detrimental. That's what we have been told by the experts. I just wanted to put that on the record. Covenants to answer Mrs. Glick's questions, yes we will be doing protective covenants. The protective covenants will be consistent with the Thousand Springs covenants. They address issues like no junk cars, no trailers can be parked in front of the houses. Landscaping requirements, x number of trees, shrubs. All those covenants, they will probably, as soon as we get through the hearing process they will start developing them. We already have them on Thousand Springs One, we could give her a copy of that for her review to look at before we go to City Council. If she sees some deficiencies that she thinks we should be aware of, that's great, then she has an opportunity to bring those up. Density and lot sizes in the development, the minimum lot size is 8,000 in the R- 4. We don't have any lot that is 8,000. Our average lot size in this development if you went through and averaged them out, I'm sure is 11,000-12,000 square feet. The ones along that perimeter I intentionally tried to make as large as possible. We can even make them a little bit larger by shifting the cul-de-sac to the north. You have to understand with that corridor for the piping of the McDonald Lateral, there will be a 35 foot corridor there. We can put it in a common lot, we can put it in an easement. We have to make sure that everyone has access to their water, it's state law. The Boise Project Border control says we must submit plans that go to their board for review showing how we are going to provide water to all the individuals. My understanding is they irrigate on little pumps, so they would all need boxes. On the projects that I've done in the past we've coordinates with all the joining property owners, we give them a copy of PLANNING ANLONING COMMISSION JANUARY 12, 1 9 PAGE 59 the plan, we have a sit down meeting with an engineer that explains how it works. If they are happy with it, then we sent that on to the irrigation district. That's what I propose here. Smith: Do you have a preference over a common lot, versus an easement? Bowcutt: If it's a common lot, then the lot owner is not taxed for that area, I think that's been one of the concerns of City Council people paying property taxes for property they can't use, which encourages them in five years to move their fence out into that easement. In the past, all the projects I've done in Meridian, I've tried to put them in common lots so they are protected and nobody thinks it's theirs and the association pays taxes on it, not—it's not the burden of one individual lot owner, or two or three. De Weerd: And maintains it too, correct? Bowcutt: Yes. We will probably talk to Boise Project Border Control, I don't know if they go through and spray now or what. You know, some times there can be some arrangement that they spray once a year to keep it down, if they do not, it would obviously fall on the association. You are correct. The right to farm statement, I don't see a problem with that as brought up by Mr. Marquart, it's on our plat for Thousand Springs, it's on our plat for Sherbrooke Hollows, Sherbrooke Village, that is west of this. It is a state law putting it on the face of the plat makes it known to everyone. The client agrees to add that to the plat. I want to make it clear that we are not piping all of that at McDonald Lateral, we are only required to pipe which transverses us. So it would be open to the east. It is a city requirement for the public's knowledge that we pipe any ditch that has a 48 inch or less pipe size, for ditch safety purposes. As far as berming, that is a troublesome one, where do you put the berm, who maintains the berm, like I mentioned before in my presentation, if the back side of the berm goes down to the property, who maintains that? One particular project that I worked on, one of the adjoining property owners that wanted the berm said you can build it on my parcel, I'll let you do that and I'll maintain it. In that case it worked. I'd like an opportunity to move forward with the project. I'll get with the neighbors, we will talk through the issues. They have another opportunity when we go before the City Council they will get notice. It's hard to work out those issues in our amount. in this type of forum, as you—as Mr. MacCoy has brought to my attention we can't be talking back and forth. We need to have a sit down and go over it. Whether it's on the phone or everybody is together on a one on one. I've been successful in this area coming to compromises that worked well for everybody. There are some things that we can do, there are some things that we can't. Masonry walls are very expensive. I want to make note that we are talking residential to residential. Compatibility does not mean exactly the same when you are dealing with residential. I've gone through this many, many times when I would butt two acre or acre lots. We try to make them as big as we can, maybe PLANNING AN JANUARY 12, 1 NING COMMISSION PAGE 60 we can come a little closer, but I would like an opportunity out of this forum to do so. So I would ask that you approve this and send us forward please. Nelson: I have a question for you real quick. As these lot sizes grow, doesn't that tend to push for a larger home size on that lot? Bowcutt: Yes sir. The larger the lot, the more expensive the lot, typically, unless you have a lot that is non -like the other lots in the development. If all the lots in a particular subdivision or all the homes are say $165,000 to $200,000 are you going to go build a $350,000 dollar house in the middle? Probably not, nobody likes to be the most expensive. Nelson: I was deluding to the issue with the two story homes and the view Bowcutt: Oh, two story. Nelson: Even though views aren't guaranteed by law to anyone. Bowcutt: Right. It was discussed on Thousand Springs #1 the issue and we did come to a compromise. De Weerd: I think the point he was... (END OF TAPE) Smith: ...we can do, we did it. De Weerd: I won't comment on that. I do want you to restate your comment about ACHD's report, so we have it on record. Bowcutt: Oh, the Ada County Highway District—a staff report was drafted, we reviewed it with staff. It went before the highway district commissioners. We were in agreement, they heard it, discussed it, they concurred with staff report, they asked that we provide a public street connection to Mr. Harris's home parcel. So the staff contacted us, asked us if we agreed, we said yes, they revised the staff report. The new staff report I don't believe has gone to the commissioners, but they have already heard and discussed this project in it's entirety. They just added an additional condition for the record. Smith: Is there not a berm now along the south access to Thousand Springs between what is it, South Bennett Bay and Mrs. Glick's property. Bowcutt: Is there a berm here now? Smith: Yeah, or part of the (Inaudible) development. PLANNING ANNING COMMISSION JANUARY 12,19'79 PAGE 61 Bowcutt: Yes we agreed to put a berm here, because this is a collector street. Then we would put a six foot wood fence with a cap and what our intent is, we would take that berm and wrap through here, the same type of fencing would wrap through. I also, one of the concerns of Mr. Young was what about the integrity of the fence over time? I talked to the client, one of the things that I've been trying to bring our developers to spend a little more money on these fences and go with steel posts. Wood, dog earred with caps, but steel posts because steel posts don't rot out and (Inaudible) have a tendency to lean like some of the old fences. They said yes that would be acceptable to go with the steel post so we don't get a lean or rotting of the posts. Yes, we are going to try and make it consistent and wrap through here. Smith: Some of the concerns of like Mr. Young, you could continue that berm conceptually down to the south east corner lots 15 & 14. Bowcutt: But it would be on their private property. Smith: Yeah, but that's something that... Bowcutt: You mean continue it here? Smith: Yeah all the way to the east there. Bowcutt: On our side or their side. Smith: I don't want to tell you how. Just the point was brought up that they would like to see a berm and fence right along there. So whether it's centered on the property line, shifted to one side or the other, I don't know, but you did it on. Bowcutt: But I can't. Smith: Why not? Bowcutt: The McDonald Lateral is there. The McDonald Lateral is running right here. It weaves kind of back and forth, but it is on our... Smith: You can't put dirt? Bowcutt: I can put dirt, but I can't put a berm. Smith: That's stupid. Bowcutt: They claim that would be additional excavation. Smith: It would be yeah. If they had to go in and maintain it. PLANNING ANIAJPNING COMMISSION JANUARY 12, 1W PAGE 62 Bowcutt: I sent them a letter asking for this in writing. They told me verbally over the phone, staff can call them, and they said no berm in our easement, no fence in our easement. Smith: So it would have to be on the south side of the property line Bowcutt: So what I'm saying is that it would have to be either on their side or it would have to be north on the lot. If I put a berm here on the private lot and Mr. Borup buys that lot, and after he's been there a couple of year, he thinks I don't like that, I'm tearing it out, what can you or I do to stop it? Smith: Right. Bowcutt: That's one concern .that I would have. Smith: Somebody had asked that homes along that—it's 15 through lots 17 be single story, would you have a problem with that? It's only three lots. Bowcutt: The developer would not like that, however, we didn't like it over there either. So I guess I'm not going to say that he's just jumping for joy here. Smith: No, but okay. Bowcutt: No, I guess we disagree with it. I think I stated before we think it's a right whether you want a one or two story home. The ordinance does not give this body the authority to dictate single story. Smith: Okay, the only thing that wasn't addressed I think was the gentleman's comments about amateur astronomer and I know all our street lights are basically down lights, but they through light all over the place. I'm not a lighting engineer, so... Bowcutt: Public works department determines the location of them and they dictate the specifications for them and they are all those capped lights that shine downward and don't go that way. Maybe they could be diligent in how they want those located over by his property so that we don't have any of that light. Nelson: I think you'd have more problem with the flood lights in the backyards. Borup: Patio lights. Bowcutt: Possibility, can't deny it. Smith: So we can just tell this gentleman to call Bruce and... Bowcutt: Oh yeah, he is further east. He doesn't back up to us, he's over there. PLANNING AN NING COMMISSION JANUARY 12, 19 PAGE 63 Smith: Right on the corner? Bowcutt: Yes. Marquart: No. Bowcutt: You are just one off right? Marquart: Three off. Bowcutt: You are three, so—but you don't abut us. Marquart: I say light goes a long way it doesn't care how far away you are. Bowcutt: Okay, here is Mrs. Glick, Mrs. Hastings, Mr. Young, Mr. Allen, so you are right there? So he is right here. Does he back up to us? No. We back up to Mrs. Hastings, Mrs. Glick and just a portion of Mr. Youngs, because his parcel comes over here. So I've got three parcels that I've... MacCoy: Okay are you finished? Okay. Bowcutt: ... and this gentleman's parcel here that testified first. Smith: Oh, I did have one more. At the beginning you started talking about that property that is called Not of Heart (sic). Did you say that that was to be included in this annexation and zoning (Inaudible) now? Bowcutt: Yes sir. Smith: Okay. Bowcutt: Not in the plat, but in the annexation. MacCoy: Okay, you have another piece up here? You want to make a statement or—something that you haven't mentioned before we look—try to get things keeping. REX YOUNG. Young: I just want to make sure that I understand this right and it goes on the record right as far as that berm is concerned. Now, if you take, if I understand it correctly, assuming McDonald Lateralis the property line and it's pretty close, then the irrigation people have an easement that goes 21 feet to the north, and 15 feet to the south. Thou shall not build a berm in that 36 foot area? Isn't that correct? PLANNING ANtNING COMMISSION JANUARY 12, 19 9 PAGE 64 Bowcutt: Correct. Young: The thing that I'm suggesting is that the berm be built to the north of that easement. It would be 21 feet from the center line of the ditch in essence. That's where I'm suggesting that it be built. Borup: So Mr. Young you are recommending, you are saying it would be built on those properties, on those lots? So it would be built on a private lot? Young: I'm saying that it would be built 21 feet north of the center line of the ditch. Now whether they sell those lots off or not, or they keep that as a common area, that's up to them. Borup: What would your feeling be if it was south of the ditch? Young: Well, if they want to build it to the south side of the ditch, they've got to go 15 feet and they are going to have some gigantic hybrid poplars they are going to have to contend with to build that berm. Borup: So you already got a big screen there? Young: I've got poplars along that side, yes. Borup: Thank you. MacCoy: Is there anybody else now we get down to the lateness of the hour here. Anybody else who wants to speak for either the 5 or 6 item on our list? Okay commissioners what do you want to do. Smith: Mr. Chairman, I would like to make a motion that we close this public hearing. We haven't discussed amongst ourselves. De Weerd: Second. We are going to have discussion. Nelson: It doesn't really matter. Borup: Did you have a question for someone in the audience? Nelson: No. MacCoy: Well we can go ahead and close it then. De Weerd: We don't need to vote until he has his discussion right? PLANNING ANDNING COMMISSION 4 JANUARY 12,19M PAGE 65 Nelson: My question was going to be about the status of the flat and whether we need to request a revised plat. We already know it's wrong, before we approve this to City Council. Borup: Because of the one road extension? Nelson: Road extension, there is different lots, and clarification on some other stuff. Smith: Common lot. Nelson: We've got some common lot issues. Smith: Road was shifted. (Inaudible) Borup: You're talking about the road going into the Harris Property. Nelson: We kind of set a policy that it comes back here correct before it goes on to City Council. So I thought I would ask what the—how do we want to handle that now? Now that—it used to come back to us and different things... Borup: We can still go ahead and handle the annexation and zoning and discuss that. MacCoy: We've got two issues here right now that we are trying to close the public hearing for. (Inaudible) yeah, but we've got to vote separately on the final piece for that. Smith: So lets knock off annexation and zoning. MacCoy: Yeah, so you do that first. Smith: So we vote on that. MacCoy: Vote on the closing of the public hearing. All in favor? MOTION CARRIED: All ayes. MacCoy: I said closing on 5 & 6. Borup: Okay, thank you (Inaudible). MacCoy: Now we pay attention to the issue itself at number 5. Discuss that one which is the annexation and zoning. What is your discussion on that? PLANNING ANIONING COMMISSION JANUARY 12, 1999 PAGE 66 Smith: Well, I guess unfortunately it doesn't sound like that berm thing is going to work. Borup: That would be a plat issue wouldn't it? De Weerd: Yes. MacCoy: Not a zoning issue. Smith: That is true. Borup: Anybody have any other comments on the annexation and zoning? Smith: No, no. Sorry. De Weerd: No. MacCoy: Okay, do I get a motion? De Weerd: Yes Mr. Chairman, I move that we recommend annexation and zoning of the 21.54 acres for the proposed Thousand Springs Village. Borup: Second. De Weerd: To include staff comments and ACHD's reports as revised. MacCoy: Thank you. Okay, Mr. Borup what were you going to say? Borup: I just said second. MacCoy: Okay thank you, I got the thing confused from this end. Any discussion? If none, what's my vote? All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes have it, so number 5 annexation and zoning is now passed on to the council. Item 6 is a preliminary plat for Thousand Springs Village. Borup: May have some discussion here. You are ready to make a motion you mean? De Weerd: Well I have a number of items to include in a motion. Do we want to first discuss those, before a motion is made? Borup: I think that would be appropriate. PLANNING ANDONING COMMISSION • JANUARY 12, 1999 PAGE 67 Nelson: List them as a bullet item. So we can have them worked out before we De Weerd: I do have that um, they would need to have access to the residence through a common lot for the irrigation from the McDonald Lateral to include right to farm on statement on the plat to make the revisions to the plat as instructed by ACHD and through staff comments. To require a berm that will be agreed upon with the residents to the south of the property. Borup: Let her go through and maybe we can go back. What no? Smith: No, that's fine, we can do that. Borup: Was that it commissioner? Four items. De Weerd: Yeah. Smith: I would add one that the homes on lots 15, 16, 17 be single story. Rossman: My legal opinion is... Smith: I know that you don't like it, and I notably, your legal opinion is going to tell me I'm... Rossman: Relax a minute, let me state my legal opinion, it's my job and that is that you can't restrict story heights on houses. There is nothing in the ordinances that allows you to do that. Smith: Is there anything in the ordinance that says I can't? Rossman: Well would you like me to hand you a case tomorrow after I research it that will say that you can't. I mean it's out there. (Inaudible). Borup: I can't remember the specifics, but just recently I did hear a court case addressing that. Nelson: We might request that the developer encourage it. MacCoy: That's what he can do. Rossman: Sure. Smith: Okay, we could state it that way. De Weerd: We can certainly try that. PLANNING ANC&NING COMMISSION JANUARY 12, 1999 PAGE 68 Smith: But getting back to this berm thing. It was a good point made about if it's constructed on the subdivision home owners side, they can go tear it out any time they want to and then it's gone. It's been a waste of money... Borup: Another point, we've done a lot of berms over the last while, but I don't believe we've ever done any between two residential areas. I can't think of a single one. Smith: Sounds like he's got popular trees planted, there is—without seeing it, I don't know how good of a screen it is already. Borup: We'll he'd have to cut them down to see the berm. Smith: If you put a berm, it's going to kill the trees. So it doesn't work. It just seems 21 feet north, or 15 feet south seems silly. Seems like it should go right on the property line, and this stupid irrigation thing that they can't pull another extra shovel of dirt out is—it doesn't work very well. MacCoy: (Inaudible) Smith: It works poorly. I wouldn't think... Borup: I would have to agree with that. Smith: I wouldn't put anything in about a berm. Unless you want to say encourage pursuing it with... De Weerd: Just like the single story thing. Smith: A little more loose than that. Borup: I think it's already been established that there is no place to put it. De Weerd: The developer, or Becky did say that she would work with the residents and meet with them on that issue, so, I took that for face value. MacCoy: Okay, what else do we have? Smith: That's it for me. Borup: I don't... De Weerd: Well if you want me to make the motion, it's not going to include the single story thing, you may want to make... Smith: Well I'll amend your motion to include it. So you can either say it, or I will. PLANNING ANODNING COMMISSION i JANUARY 12, 1999 PAGE 69 Borup: Are we looking for the first three items to be included as part of the motion. De Weerd: Yes. Borup: The common lot, the right to farm, the new plat showing Zimms extending to Harris Property to the east and then the other four and five was encouragement, not a condition. MacCoy: What is the right to farm issue you have. De Weerd: The statement that we had through the plat. MacCoy: That's required by state law. De Weerd: To be added on the plat. Borup: But it's not always on the plat though. (Inaudible) De Weerd: It is law, but we would like it added to the plat. MacCoy: Okay go ahead and make the statement, but I think it's redundant. Go ahead. Borup: Is that—am I incorrect on that, they are not always on the plat. MacCoy: I've seen them on the plat. Borup: Well yeah... Nelson: That forces disclosure to the new buyer. MacCoy: Well they can go back in a case of law and win. Isn't that right Eric? Rossman: Yes, the requirement is state law (Inaudible). Borup: It's a lot easier if you don't have to do that. MacCoy: Go ahead, make your statement. Smith: Attorneys would be out of a job though so. MacCoy: All right do it, lets go. PLANNING ANOONING COMMISSION JANUARY 12, 1999 PAGE 70 Nelson: Are we going to see this plat again, or we can just let them change that and send it to City Council. De Weerd: I feel comfortable. Borup: She showed us the concept of it moving all over the—the street went on through and Pine Flats Avenue moved one block to the east or one lot, one lot to the east. De Weerd: I think that she showed it—well isn't that the property of the city now? Smith: (Inaudible). Borup: Well was there a revised preliminary plat turned in anywhere even on an 8 X 10 or anything? De Weerd: I only saw it on the (Inaudible).. Bowcutt: The Ada County Highway District (Inaudible) did I send one to Shari? No, I just brought it on the bulletin board, but I could submit that board to evidence. De Weerd: That was my point. Borup: Okay, then we've got it. Smith: So the only thing that needs to be changed is the common lot along the lateral. De Weerd: Yes, so the change... Smith: And the inclusion of the right to farm act on the plat De Weerd: Right. Well, okay, it might need an amendment. Mr. Chairman, I move that we recommend the preliminary plat for Thousand Springs Village with a ACHD report as revised, staff comments submitted and including that there be a common lot allowing access to the residents to the south for their irrigation water that the statement for the right to farm act should be on the preliminary plat and what else was on the preliminary plat? Oh, to show the common lot that we recommend a berm to be agreed upon with the residents. Borup: You left off the new plat showing the extension of Zimms. De Weerd: And the new plat showing the extension of Zimms. What is Zimms? PLANNING ANNING COMMISSION • JANUARY 12,19M PAGE 71 Borup: That's the name of a street. De Weerd: Sorry, I did say that. Borup: You did the first time, I didn't hear it this—I didn't think you had it in your motion though. De Weerd: That would be my motion. Smith: I would like to amend that motion to include... Borup: It hasn't been seconded yet. (Inaudible) Rossman: Wait, the proper procedure would be to address this motion and if it is not approved then you could raise a separate motion. De Weerd: It needs a second. Borup: Second. MacCoy: Okay now, you want to amend it before we go and do the final vote. Smith: We have to vote on it right? It's been moved and seconded, we need a vote on it right? MacCoy: You have an amendment before we make the vote. Rossman: What are you saying Will? Berg: Mr. Chairman, the parliamentary procedure that I'm aware of that you can amend motions that are on the table, through discussion, you can amend a motion because you vote on the amendment to the motion. Borup: First. Berg: Then you get back to the basic motion. Rossman: Well we also have a motion on the table by Commissioner De Weerd who did not anticipate or desire the amendment to it. So my feeling is that you address that motion first and then if there is an amendment then you can address that separately. MacCoy: What if she doesn't like the amendment? PLANNING ANC&NING COMMISSION JANUARY 12, 1999 PAGE 72 Borup: Well that's why I think (Inaudible)... Rossman: To allow someone else to amend her motion before it's addressed. Berg: I agree with you logically that makes sense, but parliamentary you can amend and have a motion on the floor to amend a motion and it be outvoted and not have the amendment. (Inaudible) Rossman: That's fine, you can go ahead and allow it to be amended and outvoted and go back to the original motion. Borup: If the amended motion stands on it's own, it's voted separately. Smith: Why don't we go out on a limb here and go the logical route, instead of the parliamentary route. MacCoy: I don't care (Inaudible) go with it. Smith: Because I was the one who wanted to amend it, I think it makes sense to do it. To vote on the motion. De Weerd: She has a problem with it, if she agreed with it, then it would be different. MacCoy: All right, on the motion that is already on the table, it's been seconded. All in favor of that motion say so by saying aye. MOTION CARRIED: 3 ayes, 1 nay. MacCoy: Now what? De Weerd: Now it's passed. (Inaudible) MacCoy: Can't amend it. Borup: But you can make a new motion. No he can't, you're right. We should've amended the motion. (Inaudible) Rossman: Let me indicate how I think this should've gone. It should've started with a motion by Tammy with a second. Go into the discussion and then Byron PLANNING ANCONING COMMISSION JANUARY 12, 1999 PAGE 73 could raise a motion to amend it, you address Byron's motion to amend and if approved, then you go with the motion, if denied you go back to Tammy's original motion. MacCoy: That's what I asked. Nelson: That's what Will said. (Inaudible) ITEM NO. 7: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE — SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON LINDER ROAD: ITEM NO. 8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE — SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON LINDER ROAD: MacCoy: Items 7 & 8 are off the same subject matter, we will do the same as we did with 5 & 6. It's a public hearing on both of these, it's a request for annexation and zoning of one acre and number 8 is a request for conditional use permit. We can't do that can we? I'm in the midst of trying to go through this. Request for a conditional use permit for a child day care facility by the same individual and the same location. Looking at number seven, staff? Where is my staff, looks like everybody disserted the ship here. Stiles: I'm really all alone. MacCoy: You wait till we get with her over here. Comments on items 7 & 8, what do you see? Stiles: We have our comments, we had no particular problems with it. Ada County Highway District however in their report they are restricting them to one access that has to line up with the adjacent access across Linder Road, which the applicant is doing right now. Unknown: I got those comments on Friday, so this—there will no longer be an access right here. Stiles: Well, I don't know where the access. MacCoy: Okay let her finish her statement before we open, we haven't gotten to public hearing yet, we are still asking the staff for help here. • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THOUSAND SPRINGS SUBDIVISION THIS DECLARATION is made as of the day of 1998, by FARWEST, L.L.C., hereinafter referred to as "Declarant." A. Declarant Farwest Developers, L.L.C. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: All of the land within the boundaries of Thousand Springs Subdivision No. 1 according to the plat thereof, recorded in Book of Plats at pages Records of Ada County, State of Idaho. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee. 1.2 "Annexed Property" shall mean and refer to any real property made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 • 0 1.3 "Association" shall mean and refer to Thousand Springs Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.4 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.5 "Common Area" shall mean and refer to Lot 1, Block 3; Lot 1, Block 4; Lot 2, Block 4; Lot 3, Block 4; Lot 12, Block 4; Lot 16, Block 4; Lot 24, Block 4; Lot 34, Block 4; Lot 1, Block 1; Lot 7, Block 1; Lot 1, Block 2; Lot 1, Block 5; Lot 12, Block 7; and Lot 33, Block 4 of Thousand Springs Subdivision No. 1, and to any lot or parcel designated as Common Area in the final plat of the subdivision or in a Supplemental Declaration subjecting additional real property to this Declaration. Lot 12, Block 4, is a Common Area Lot that shall be used primarily for retention pond/drainage basins, which Lot together with any other Lots so designated in a Supplemental Declaration shall be referred to as "Drainage Lots." 1.6 "Common Facilities" shall mean and refer to those physical improvements constructed by Declarant upon Common Area or upon the utility easement over each Lot including, without limitation, benches, bridges, walkways and pedestrian paths, drainage facilities, streams, waterfalls and waterways and specifically including the wrought iron fence that borders the Ridenbaugh Canal. Common facilities shall not include the pressurized irrigation system unless and until it is conveyed to the Association; it being the specific intent of the Declarant that the pressurized irrigation system shall be installed by the Declarant and shall be conveyed to the Nampa and Meridian Irrigation District, together with an easement over each Lot and ' Common Area for the installation, operation and maintenance of the system by the District. 1.7 "Declaration" shall mean this Declaration. 1.8 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 1.11 "Lot(s)" shall mean and refer to the plots or tracts of land comprising the Property, designated by lot numbers on the plat, or any resubdivision thereby except the Common Area. 1.12 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.13 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.14 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1. 15 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.16 "P/at" shall mean and refer to that certain plat of Thousand Springs Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.17 "Property" shall mean the property defined as Subject Property in the recitals above, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for annexation of additional parcels of real property. ARTICLE 2: HOMEOWNERS ASSOCIATION 2.1 Formation. It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By - Laws for its governance. To the extent the Articles of Incorporation or By -Laws of the Association by conflict with the provisions of this Declaration, the provisions of this Declaration shall control. 2.2 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 2.3 Classes of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and By - Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B member). After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one vote for each Lot owned. If there are multiple Owners of a Lot, the Owners shall designate the individual entitled to exercise the voting privileges of membership and in no event shall more than one vote be cast with respect to any Lot. (b) The sole Class B member shall be the Declarant, or the Declarant's successor or assignor. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each Lot owned) when the Declarant owns ten percent (10%) or less of all of the Lots which are part of the Property or any Additional Property annexed or to be annexed under Article 4. Until that time, all Association matters shall be governed by the Class B member. ARTICLE 3: RIGHTS RESERVED BY DECLARANT 3.1 Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: (a) Itself, its successors and representatives, contractors and their subcontractors easements and rights-of-way on, over and across all or any part of the streets for vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and representatives, contractors and their subcontractors (including any district, company, unit of local government, Association or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements on, over and under all Lots and Common Area as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water wells, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and (c) Itself, its agents and successors, all water and water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 irrigation system will be conveyed to and operated by the Association or the Nampa - Meridian Irrigation District. Groundwater appropriated for the domestic water system will be owned by the City of Meridian. ARTICLE 4: MAINTENANCE. 4.1 Resl2onsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and easements therefore. Such Common Area and Common Facilities shall be maintained in a neat, landscaped and attractive manner. Common Area and Common Facilities shall also include any real or personal property as may be conveyed to the Association from time to time by Declarant, or designated by Declarant as Common Area in any Supplemental Declaration. 4.2 Private Progeny. The Association shall also be responsible for the maintenance of any perimeter fencing of the property including the back Lot wrought iron fencing of those Lots that are contiguous to the Ridenbaugh Canal or other established irrigation and/or drainage ditches; and the bank of Ridenbaugh Canal outside of the fence. The Association shall be responsible for landscaping Lot 2, Block 4, which lot is intended to be developed by the City of Meridian as a city water well, and Lot 1, Block 4 until such time as the City of Meridian has developed said Lot 1 as a fire station. 4.3 Sidewalk Median Strig. The subdivision has been designed with sidewalks set back from the street curbs by a landscaping median approximately four feet in width. Although the front lot lines are approximately two feet into the sidewalk, maintenance and landscaping of the median strip in front of each owner's lot shall be the responsibility of the lot owner. Although the Association shall not be responsible for maintaining the median strip, it shall have the authority to do so in the event a lot owner(s) fails to do so. Should it be necessary for the Association to maintain or landscape any portion of the median strip, the Association shall levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(d). 4.4 Management. The Association may employ the services of a manager and other personnel to carry out the management of the Association's maintenance responsibilities. 4.5 Heavy Maintenance of Drainage Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out the piping and mucking out the Drainage Lots when the sediment level DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 exceeds the designated storage level. All other maintenance shall be referred to herein as "light maintenance." Ada County Highway District (ACRD) has opted to perform this heavy maintenance and shall be allowed, by the Homeowners Association, to perform this maintenance work. In the event ACHD shall decide not to do such "heavy maintenance" then the Association shall do it. 4.6 Easement to ACHD for Heavy Maintenance. Each drainage lot shall have an access road along one side of it to support a HS -20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and be at least twelve (12) feet wide. ACHD is hereby granted an easement along one side of each drainage lot for the purpose of access to perform this heavy maintenance. An easement is granted across each entire drainage lot as needed for maintenance of the retention ponds by ACRD, and no landscaping or other obstruction shall be placed on the Drainage Lots in a manner that would interfere with the heavy maintenance. In the event that it is necessary to replace any improvements to the Drainage Lots such as fences, trees and/or sod, the removal of which has been necessary to perform maintenance, such replacement shall be the responsibility of the Homeowners Association. 4.7 Light Maintenance of Drainage Lots. The Association shall perform all "light maintenance" of the Drainage Lots pursuant to that certain Manua/ for Light Maintenance, the original of which shall be kept on file with the Homeowners Association with copies made available to any interested party upon request. Said Manual for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHTS 5.1 Owners' Rights of Eniovment. Every Owner shall have a right in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulation covering the use and access to such areas and facilities as may be adopted by the Association. 5.2 Dedication. The Association shall have the right to dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by two-thirds of the members of the Association. 5.3 Improvements. The Association shall have the right, in accordance with its Articles and Bylaws, to borrow money for the purpose of maintaining and improving the Common Area and Common Facilities and in support thereof to mortgage said DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 property, provided the rights of such mortgagee shall at all times be subordinate to the rights of the Owners under this declaration. ARTICLE 6: ASSESSMENTS 6.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a) To the Association, regular annual or other regular periodic assessments or charges ("Regular Assessments"); (b) To the Association, Special Assessments for capital improvements, such Special Assessments to be fixed, established and collected from time to time as hereinafter provided; (c) To the Association and/or the Nampa Meridian Irrigation District, Irrigation Assessments. It is contemplated that the Nampa and Meridian Irrigation District shall provide pressurized irrigation water services to all lots. In addition to any assessments made by the Nampa and Meridian Irrigation District for irrigation water, Owners shall be required to pay an additional assessment to the Association, or in the event the pressurized irrigation system is conveyed to Nampa and Meridian Irrigation District, then to the District, an additional assessment under Idaho Code §43-330(f) for the operation, maintenance and repair of the pressurized irrigation water system. Each Owner is prohibited from making any cross -connection or tie-in between the irrigation water system and the domestic water system. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE RESPONSIBLE TO INSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES; and (d) In addition to the Regular and Special Assessments, the Association shall have the power to levy a Limited Assessment against Owners and Lots for maintenance and repair of any Lot or any improvement on a Lot, if such maintenance and repair is necessary to preserve the quality of the Subdivision; and/or to correct a violation of the Declaration or any amendment thereto or the ACC Rules. No such Limited Assessment shall be levied until (a) the Board or ACC has given written notice to the Owner of the maintenance or violation cure required; (b) the Owner has refused to perform the required maintenance or correct the violation within a reasonable time; and (c) the Association has incurred expenses for maintenance or correcting the violation. Thereupon, the Board shall have the power to levy a Limited DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 Assessment against the Owner to pay for the costs of such maintenance and repair or correction of violation and any other costs or expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office of the Ada County Recorder. Thereupon, and upon the continuing failure of the Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real property liens. Notwithstanding anything to the contrary contained in the Declaration and any amendment thereof, no action may be brought to foreclose the lien of any assessment until the expiration of thirty (30) days after written notice of default has been deposited in the United States mail, addressed to the Owner of the Lot at the street address of the Lot or the last known address of the Owner, if otherwise shown on the books and records of the Association. Such notice shall specify the amount and due date of the unpaid assessments and the legal description of the Lot. 6.2 Purpose of Assessments. The assessments levied by the Association or the Declarant shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and in particular for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and Common Facilities, and including without being limited thereto, the payment of taxes and insurance on all or any part of said property. 6.3 Assessment Limitations. Until January 1 of the year immediately following the conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessment shall not exceed $240.00 for each Lot subject thereto. Thereafter, the maximum Regular Assessment per lot may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. In order to increase the assessment by more than 5% for any given DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 0 • year, there must be a vote of two-thirds of the members affirming any such increase at a meeting duly called for this purpose. The Board of Directors of the Association may fix the Regular Assessment at any amount equal to or less than the maximum. 6.4 Initial Regular Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots owned by Declarant, when such Lots are no longer offered for sale to the general public. At each such closing, the Owner thereof shall pay the sum of $100.00 and such portion of the greater of either an additional $100.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial 5100.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the assumption by the Association of the Association's duties and obligations with the pro rata portion of the initial Regular Assessment paid to the Association if the Association has conducted its first annual meeting, elected a board of directors, established a Regular Assessment, and assumed the obligations and expenses of the Association; otherwise, to the Declarant. Until the Association has conducted its first meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties and functions of the Association. The Declarant shall have the exclusive use of assessments for the purpose of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the Declarant. 6.5 Assessment Due Date. The due date for Regular Assessment shall be March 1, unless some other due date(s) is established by the board. Each assessment shall be delinquent if not paid within fifteen days after the due date set forth in any notice of assessment. 6.6 Interest and Penalties. Any Regular, Special, Limited or Irrigation Assessments levied on Lots if not paid when due, shall bear interest at an annual rate as shall be set by the board from time to time, or if none is so set, at an annual rate of 12% Such interest shall commence on the date the assessment becomes due and payable. In addition to the interest charged, the board may, in accordance with Rules and Regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any assessment when due. The right of the board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the board in the event of non payment of an assessment. 6.7 Billing for Annual Assessment. The Regular Assessment may be billed on a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in advance. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 6.8 Special Assessments. In addition to the Regular Assessments, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and Common Facilities including the necessary fixtures and personal property related thereto, provided the assent of a two-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 6.9 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than a one-third majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 6.10 Uniform Rate of Assessment. Special Assessments must be fixed in an equal amount for each Lot. All Special Assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 6.11 Effective Nongavment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.12 Subordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 6.13 Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and within the Articles of Incorporation of the Association, it is hereby provided that Meridian City and/or the Ada County Highway District ("ACHD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the Association or the Declarant fail to maintain the same. In the event that Meridian City and/or ACHD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACHD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 0 0 and/or NMID shall, before undertaking maintenance of said Common Areas, provide written notice of its and/or their intention to begin maintenance of the defined Common Areas or Common Facilities within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by Meridian City, ACHD and/or NMID. In the event that the Association shall fail to commence and conclude maintenance of the defined Common Areas or Common Facilities. Meridian City, ACHD and/or NMID are hereby granted an irrevocable license and easement to enter upon any portion of the Common Areas to perform inspection and maintenance. Should Meridian City, ACHD and/or NMID engage in maintenance of the defined Common Areas or Common Facilities after having provided notice to the Association and having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, the Meridian City, ACHD and/or NMID shall be entitled to and empowered to file a ratable lien against all Lots within Thousand Springs Subdivision with power of sale as to each and every Lot to secure payment of any and all assessments levied against any and all Lots in Thousand Springs Subdivision pursuant to this Declaration, together with interest at the rate which accrues on judgments and all costs of collection which may be paid or incurred by Meridian City, ACHD and/or NMID in connection therewith. Meridian City, ACHD and/or NMID may exercise their rights under Idaho Code by assessing the Lot Owners and certifying those assessments in the same manner as real property tax. This section shall not be amended without prior written approval from Meridian City, ACHD and/or NMID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined Common Areas and Common Facilities contained therein without the prior written approval from Meridian City, ACHD and/or NMID. The Association and all Lots Owners, by accepting title to a Lot, agree that all Lot Owners within Thousand Springs Subdivision are benefitted property Owners for purposes of this section. ARTICLE 7: PROPERTY USE RESTRICTIONS 7.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, subject to the provisions as to Common Areas and Common Facilities and facilities used in common including schools. (b) No Lot may be further subdivided. (c) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any Lot, except that no more than two (2) domesticated dogs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (e) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (f) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (g) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (h) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 7.2 The Owners have been made aware that the subject property has been developed in an agricultural community and that there will continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the Owners on notice of such potential conditions. ARTICLE 8. BUILDING RESTRICTIONS 8.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre -built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 8.2 Set Backs. The front lot line for each lot is located approximately two feet into the side walk, and although the current Meridian City zoning ordinance for this current subdivision permits a twenty foot front yard set back, it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. 8.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,400 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 8.4 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started. 8.5 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 8.6 Fences. All Lots shall have an enclosed cedar -fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • 0 (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Thousand Springs Subdivision. (b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. (f) All fences constructed or to be constructed on common Lot lines shall be constructed and maintained at the equal expense of the Owners of the two Lots on which they are located. 8.7 Landscaping. The following provisions shall govern the landscaping of Lots within Thousand Springs Subdivision: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a Lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) coniferous trees of at least 8' in height, five (5) ten gallon plants, fifteen (15) five gallon plants and fifteen (15) two gallon shrubs in the front yard. The use of berms and sculptured planting areas are not encouraged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 (d) The four foot wide landscape area between sidewalk and curb of each Lot shall be landscaped by the Lot Owner with sod and Newport Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such onther single or two color combination as determined by the ACC), delineated from the sod with edging material, and covered with suitable mulching material such as wood chips, soil aid or the like in order to maintain a weed free flower bed in the tree ring. Maintenance of this landscaped strip shall be the responsibility of the individual Lot Owners unless it is assumed by the Homeowner's Association. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shakes or Pabco Laminated Series 25 year (or better) dimensional asphalt shingles, weathered wood, antique black or driftwood color, or such other dimensional asphalt shingles as is determined by ACC. 9.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Thousand Springs Subdivision, provide parking regulations and other rules regulating the same. 9.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 9.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Thousand Springs Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 9.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. 9.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of these Declaration of Covenants, Conditions and Restrictions. The ACC shall have the authority to pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by this Section 9 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE 10: ARCHITECTURAL CONTROL COMMITTEE. 10.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 10.2 Aonointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 10.3 Aooroval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Thousand Springs Subdivision without the prior express written approval of the ACC. 10.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 10.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Thousand Springs Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 11: ANNEXATION 11.1 Procedure. Additional land contiguous to the subject property and owned by the Declarant, its successor or assigns, may be annexed by Declarant without the consent of members within twenty (20) years of the date of this instrument. Upon the earlier of recordation of a final plat of such additional land, or the certification by the Declarant describing additional land, that the Declarant intends to plat, such Additional Property shall, for the purposes of this Agreement, be deemed Additional Property. Amendment of the Declaration to include such Additional Property, and to subject such Additional Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Declarant of a Supplemental Declaration, which shall describe the Additional Property being annexed, and any supplemental or different covenants, conditions and restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem appropriate, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the term and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 11.2 Designation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed Additional Property or in the Supplement Declaration or conveyed to the Association by Declarant shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. ARTICLE 12: WATER SYSTEMS 12.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned and operated by the City of Meridian. The domestic water system will provide water for culinary and other ordinary domestic household use and is not to be used to water a lawn, pasture, landscaped area or other similar areas except for Lots which do not have access to the irrigation system and for all Lots during those times of year when water is not being supplied by the irrigation system. Water from the domestic water system for irrigation purposes will be subject to rules of the City of Meridian and, in any event, is subject to availability. Water from the domestic water system shall not be used for any swimming pool or to supply any exterior decorative pond, or any other similar use or system without the prior written approval of each such use by the City of Meridian. The Association may elect to receive water for irrigation of the Common Area from the City of Meridian when water is not being supplied by the irrigation system, which use shall be paid by the Association from its assessments. Any Owner's use of water from the domestic water system shall constitute an agreement to pay the charges therefore by the City of Meridian. 12.2 Irrigation System. All Lots to which delivery of irrigation water is feasible in the Declarant's discretion, including the Common Areas, shall have access to a pressurized irrigation water system ("irrigation system") to be constructed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 Declarant and owned and operated by the Association or the Nampa -Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa -Meridian Irrigation District and the right to receive water therefrom is, in any event, subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 13: GENERAL PROVISION. 13.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do. so thereafter. 13.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 13.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. 13.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance and management of Common Area and Common Facilities, and for all costs and expenses associated therewith not covered by the assessments provided for herein. 13.6 FHA/VA Aoproval. As long as there is a Class B membership, the following actions may require the prior approval of the Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 mergers and consolidations, mortgaging or dedication of Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. 13.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST, L.L.C. By MARTY GOLDSMITH, Member 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 Marty Goldsmith, known and identified to me to be a Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 Notary Public for Idaho Residing at , Idaho Commission expires: