HomeMy WebLinkAboutThousand Springs Village AZTRANSMITTAL 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: Januay 12 1999
FILE NUMBER: A7_QR_inq
REQUEST:
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 DfFARTMENT
_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)
YUUR CONCISE REMARKS:
Mayor
HUB OF TREASURE VALLEY
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
Council M m M
CITY OF MERIDIAN
(208) 884-4264
CHARLES ROUNTREE
ay ,
33 EAST IDAHO
PUBLIC WORKS
GLENN BENTLEY
MERIDIAN, IDAHO 83642
BUILDING DEPARTMENT
(208) 887-2211
RON ANDERSON
Phone (208) 888-4433 • Fax (208) 887_4813
KEITH BIRD
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: Januay 12 1999
FILE NUMBER: A7_QR_inq
REQUEST:
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 DfFARTMENT
_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)
YUUR CONCISE REMARKS:
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on February 16, 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 25th day of January, 1999.
PUBLISH January 27 and February 10 , 1999
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BRIGGS ENGINEERING, INC.
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1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
E. VICTORY ROAD
0 300 I 600 1 900 Feet
THOUSAND SPRINGS VILLAGE
SE 1/4 SECTION 20, T3N, R1E, BM
ADA COUNTY, IDAHO
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BRIGGS ENGINEERING, INC.
glar�e,q
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(208) 344-9700
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
E. VICTORY ROAD
0 300 I 600 1 900 Feet
THOUSAND SPRINGS VILLAGE
SE 1/4 SECTION 20, T3N, R1E, BM
ADA COUNTY, IDAHO
DESIGN DRAFT SCALE DATE DWG. NO.
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** TX CONFIRA REPORT **
DATE TIME TO/FROM
06 01/25 13:04 208 888 1097
AS OF JAN 25 '9P3:05 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 00'33" 001 107 OK
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on February 16, 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 25' day of January, 1999.
PUBLISH .January 27 and February 10, 1999.
WILLIAM G. BERG, JR.,,ClTff CLERK
OF
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G'p 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/,CITYCLERK
�xtti►� t r ra r rr rrEr,r
PUBLISH December 23rd, 1998 and January 6t" , 1999. v -,x\ C 0 F
a
BE AL
0.10
** TX CONFIRMAIN REPORT **
DATE TIME TO/FROM
02 12/21 13:54 208 888 1097
AS OF DEC 21 '70 13 55 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 00'33" 001 019 OK
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 2151 of December, 1998.
WILLIAM G. BERG, JR CITY CLERK
PUBLISH December 23`d, 1998 and January 6th, 1999. of
of
FO
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 8360 CEINTZ�
Phone: 208 888-4433
Fax: (208) 887-4813 DEC 0 2 1998
CITY OF mERiDlAN
PLANNING & ZONING
APPLICATION FOR ANNEXATION AND ZONING OR REZONE 19"
PROPOSED NAME OF SUBDIVISION: THOUSAND SPRINGS VILLAGE
GENERAL LOCATION: SE 1/4 SE 1/4 SECTION 20, T3N, RIE
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL
ACRES OF LAND IN PROPOSED ANNEXATION: 21.5418
PRESENT LAND USE: AGRICULTRAL
PROPOSED LAND USE: SINGLE FAMILY RESIDENTIAL
PRESENT ZONING DISTRICT: . RT (RURAL TRANSITION)
PROPOSED ZONING DISTRICT: R-4 (LOW DENSITY RESIDENTIAL)
APPLICANT: MARTIN DEVELOPMENT, INC. PHONE: 463-0209
ADDRESS: 6236 E. HUNT AVENUE, NAMPA, IDAHO 83687
ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering, Inc.,Becky Bowcutt PHONE: 344-9700
ADDRESS: 1800 W Overland Road Boise, Idaho 83705
888-2472 HARRIS
OWNER(S) OF RECORD: VERNETTA HASTINGS & GORDAN HARRIS PHONE: 888-3874 HASTINGS
ADDRESS: 2910 VICTORY MERIDIAN IDAHO 83642/2825 S. EAGLE, MERIDIAN, ID 83642
Sign'Itue of applicant
981007\annex-rezone-mer
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
ANNEXATION / REZONE
THOUSAND SPRINGS VILLAGE SUBDUVUSIUUB
APPLICANT'S NARRATIVE
1. Martin Development, Inc. 6236 E. Hunt Avenue, Nampa, Idaho 83687 (Phone: 463-0209)
2. Gordon Harris, 2825 S. Eagle Road, Meridian, Idaho 83642 (Phone: 888-2472)
Vernetta Hastings, 2910 Victory Road, Meridian, Idaho 83642 (Phone: 888-3873)
3. Notarized Zoning Request attached.
4. Legal Description attached.
5. The parcels are currently used for agricultural purposes and have no structures.
6. The proposed preliminary plat consists of 53 single family residential lots and 7 common
lots.
7. The properties are currently zoned RT (Rural Transition) and are under jurisdiction of
Ada County.
8. The proposed zoning is R-4 (low density residential) with lots in excess of 8,000 square
feet.
9. The parcels adjoin the approved preliminary plat of Thousand Springs Subdivision on the
north and west. Public Services (sewer, water, hydrants, public streets and pressure
irrigation) will be extended to the subject property. By integrating this property into the
Thousand Springs development, consistent improvements and amenities can be provided
and shared by lot owners.
The R-4 zoning designation is consistent with other developments in the area (Thousand
Springs Subdivision, Sherbrooke Hollows, Sherbrooke Village and Los Alamitos). Lot
sizes range from 9,199 SF to 18,824 SF which provides a wide variety of parcel and
home sizes.
10. Development of the subject property at urban densities is superior to the previously
proposed preliminary plat with five acre lots. Re -development of rural residential lots to
urban densities is difficult and creates design limitations.
981007\Narrative-app
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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. Those lots range
from 12,527 SF to 18,824 SF.
11. The R-4 designation is consistent with the Comprehensive Plan designation of Mixed
Residential Development. The proposed density of 2.728 is a low density.
12. Map attached.
13. 300 Scale vicinity maps attached.
14. Mailing list within 300 feet attached.
15. Fee: (21.5418 acres) 22 x $15.00 = $330.00 + $400.00 = $730.00.
13 Notices x $1.67 = $21.71 x 2 = $43.42
$730.00 + $43.42 = $773.42
16. Signed affidavit on posting attached.
17. Signed affidavit on application verification attached.
Sincerely,
BRIGGS ENGINEERING, Inc.
Becky L.
Land Use
BLB:fc
981007\Narrative-app
•ANNEXATION DESCRIPTION FOR*
FARWEST DEVELOPMENT
(VILLAgEE 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.1E., B.M., thence
N 00000'18" W 779.44 feet along the east line of the SE % of the SE % to the REAL
POINT 9F BEGINNING of this description;
Thence N 89°47'41" W 808.57 feet to a point;
Thence 00°11'31" W 400.91 feet a point;
Thence N 70009'32" W 193.14 feet to a point;
Thence N 69°30'47" W 138.63 feet to a point;
Thence S 84017'13" W 119.57 feet to a point;
Thence � 51-29'58" 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 corner of the SE % of the SE %;
Thence S 89050'56" E 1336.61 feet to the northeast comer of the SE % of the SE %;
Thence IS 00000'18" E 570.60 feet along the east line of the SE 1/4 of the SE % to the
REAL POINT OF BEGINNING of -this description;
Said parcel of land contains 21.541 acres more or less.
Michael E. Marks, P.L.S. No. 4998
981007\annexation. des
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DESIGN
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SCALE
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DATE
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THOUSAND SPRINGS VILLAGE
REVISION
BRIGGS
SE 1/4 SECTION 20, T3N, RIE, BM
No.
ADA COUNTY, IDAHO
SHEEP 1 OF 1
(208) 344-9700
DESIGN
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V. =300'
DATE
11/23/98
DWG. NO.
981007
�981007.APR
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
�FFIDAVIT OF LEGAL INTEREST*
STATE OF IDAHO )
ss
COUNTY OF ADA )
I, Elaine Martin (Martin Development, Inc) 6236 E. Hunt Avenue
(name) (address)
Nampa Idaho 83687 , being first duly sworn upon
(city) (state) oath, depose and say:
That I am the contract purchaser of the property described in the attached application material,
and I grant my permission to
Briggs Engineering, Inc. - 1800 W. Overland Rd, Boise, ID 83705
Telephone: 344-9700: FAX: 345-2950
to sign and the submit necessary applications pertaining to said property.
Furthermore, I submit, agree with, and understand the following:
1. I hereby request annexation and zoning amendment to rezone the property (as
identified in the attached application material for proposed Thousand Springs Village
Subdivision) to R-4.
2. The property will be posted at least one (1) week before the public hearing - as
required.
3. 1 have read and I affirm that to the best of my knowledge, the attached application
materials are true and correct.
Dated this c9y day of 19 9 k -
G�-�-
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
981007\affidlegal-interest --�
Notary Pu is for Idahoa
Residing at7�-
My Commission Expires: 1"'S- 02
STATE OF IDAHO
ss
COUNTY OF ADA
0
AFPDAVIT OF l cGAL INTEREST
V�,,� JV,7k -;)L 9 0 Cknj
Name Mdress
6. KD , being first duly sworn upon
(city) (state) oath, depose and say:
1. That I am the record owner 1 the p operty described on the attached, and I grant my
permission to��{�f
�n 01,1 �� � �f Y� l t �'l, � � G(,i YlL 1 ' � QYii►� r _ fP Z3� I�(VI�" �1� - 11 a rn-�c�.
Ir I (name) h, (address)
�,rY'l� � �f�0
to submit the -ic,;or. ipanying application pertaining to that property.
2. 1 agree to indemnify, defend and sic Id the City of Meridian and it's employees ht.,.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.
Dated this day of r�-'�'U`y , 19 g
G2
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Publiq fo •Idahg� �
Residing at.-
My Comrriiss on ;Expires: l "1 ' 10
5
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WARRAN , DEED ; 6. I?AU319
D _J-
' ,For Vilue°lved FRANK,D. W and BEULAH B. WARR, �usbandpand
husbann
wife, and6DAYLE A. SANDERSON d MAW Ai SANDERSON, and
wife, doing business;as Amerman Sales Company,. 1
the grantorsA do hireby grant, bargain, sell aild convey unto :. GORDON M. , HARF
and MARY A., F1'ARRI•S, husband' and wife, I 'V,
pp
the¢rantee S, 'tl►6 ;following described premises, in,...:.._' Ada........oupnty Idaho,:iao71t
.,
'd D 7
�w `Commencing at the: SE corner; of Aecti ' 3 North, ,
,rTo�nsh4.p
o: Range 1 East, Boise Meridtsn; thence;' g'section!line,North
1350.47 tset..to the .1/166 co"ialt; thence N. 89050155" W., 25e00
r feet t)ie;-real.point.of beginning; thence.N. 89°,50'55" W.'
•to
435.60 feet'to a point;,'thence South.. 200.00 •feet io.a point;
thanes S 89°50•'55" E. 435.60 feet to a point; thence North
200.00 feet=.to' ;the real point of beginning, contaWng; 2.•00
is
adres.
i Together with water,'water ri5hts,,ditches and ditch
ri'ghts:,of;way: appurtenant thereto or connected thezefwith.
I.
i
j TO HAVE 'AND .TO HOLD the said premises, with their appurtenances unto( the said .'Grantee 8.
1 their heirs and assigns forever. And the aiid Grantor g do 'hereby covenant to and'
lsaid
the 'Grantee s. that t hey 'are the owner 8 in fee simple of acid premises that they are free ,
�fiom allencumbraneea I I ;
I
and that t he willwarrint and defend the saine from all lawful 'claims whataoeve
Dated October. 1963.',
''I or�tnaxV .con Var=BON1PEViI.iEl'L ✓�l'A7E tir �DAHo dotlirr�r°OL} ' ■4r 1�,%y,•�it"���x�� x
4 ' dl �1 �� Y1t r �1, yr rr �j �'* . YJ.a' i i Mics C,pJ{.Y�' •1�1. taseeJminel Was �1 l� fA1r �t�rv{ �/J
!�� .:+. .'�v?' i. "�Ll�a�:'t'':Y�1��JC�'Y.����.. il. 1. �1.1.'...• I'�u"L�Me wl .. :�I , A.. ,.�til.t �i l�. b. .. ':.���T:IE.I.
4( ai F,II'
, 1 �y ,
1! �'1 �i A/S'I
jXrARtRANTY DEED • ---- - 90 06166 -
F/n C;uue Roceiced GORDON M. HARRIS and MARY A. HARRIS,
husband and wife,
i
the grantor S , do hereby grant. bargain, sell and Convey unto
REO L. HASTINGS and VERNETTA HASTINGS, husband and wife, and
HOWARD M. ANDREASEN
the grantee S, the following, described premises. in Ada County Idaho• f„-•.yit:
i
Commencing at the Southeast corner of Section 20, T. 3 N., R. 1 E.,
Boise Meridian; thence along section line N. 003' West 779.51 feet;
thence N. 89058'50” West 25.0 feet to the real point of beginning;
i thence N. 89058'50" West 1313.91 feet to the 1/16 line; thence S. 0°08'17
West along the 1/16 line 361.51 feet to a point in the center of a canal;
I thence following the center of the canal the following courses; thence
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. 69032'45"
E. 138.63 feet to a point; thence S. 70°11'30" 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. 31.43 feet to a point; thence N. 0003' W. 523.75 feet to
the real point of beginning, containing an area of 12.0 acres.
i
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 HAVF. AND TO HOLD the said premises. r:ith their appurtenances unto the said G: antee. S.
their heirs; and assigns fonlver. And the :aid Grantor S do hereby covenant to and
with the said GrantecS , that they arethe owner "I fct- limule of said premises: that they are free
from all incumbrances
and that they will warrant and defend the same frem ali --1 -ful claims whatsoever.
Dated: September 3, 1970.
STATE OF IDAHO, COUNTY OF ADA
3rd dar of September V 70• I
:efore mc. a notary public in and for sa;d State. personally i
appeared GORDON .M. HARRIS and MARY A.
HARRIS t,, bV-gband and wife, j
NY
known to me to r+.hC-rersrty 8-whos"u1ines are
v
uh.cr.!,cd to titw}�St 1 inkrt t�•nt� yJid aeknowledged to
nie that ✓ '•une. j
-
Notary I`ublic �
Re dine nt - BOiSe • Idaho
....•,mm.1•:.epirrs � i
STATE OF IDAHO. COliXTF OF Ada i 7
I hereb}- certify that this ;nstrum ent.,cas filed for record at rp
"hc request or Mare F.aS.tly
10 „
.. mir:u t,•. past ]2 'clock P m..
this 3rd > ,r Iraq
"1 71. in !ny o:„icy. and ,iul y recurd..,d in Rook
of Deed= at pace
Ex -Officio Recorder
Ion
Fees S 1.00
IJep,lty. CA
Mail to: 1012 Hervey
r+
Roo SC T t, ho g� i 07
7 6
WARRANTY DEED. / / r/ / /
THIS INDENTURE, made this ..... .2.3rd_._..... ._ day of...._ ... ..October._,... ..... , ... 1979,
between...DAYLE...A._..SANDERSON,....a... widower.. -and-FRANK .D.—WARR .ard. BEULAH.. -
_.WARR, .h.as. w.ife,....former.lv... doinq... business ---- s ... Arterican... S.ale.s .Company,......
of .. Idaho. Falls... . , County of Bonneville . .... 1, State of ......Idaho _....... ,
the part ies of the first part and, ..REO...L..I-iAS.TZNGS,.. amarried..ma-, ...... .. ......
__._..... _ ._.... __ ... _..._.. _ _ ._..... "... __ __ ..
........... ...... _..._..
of ... Bo,is�
County of ...Ada State of ....Idaho ...._ _ "".... _... , the part . Y... of the second part,
WITNESSETH, that the said part ...ies of the first part, for and in consideration of the sum of
----
T)N_. AND.. NO/100.----.-.-.-.-.-.-.-.----:---.-............---.--.-.-.--.-.-.-.-.----.-.-.-.-.-.-.-..----.Dollars
lawful money of the United States of America... and._other,_.good..and_.valu.able... cons. iderat}on
to -.them ... .. in hand paid by the part..y.. .. of the second part, the receipt whereof is hereby acknowledged,
ha V.e.. granted, bargained, sold, and by these presents, do . . grant, bargain, sell and convey and confirm unto
the said part. y..... 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
Sectiou 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 the appurtenances unto the party of the second part, and to his heirs and assigns forever.
And the said Par! ies of the first part, and .Llleir . heirs, the said premises in the quiet and peaceable
rs and assigns, against
e said part
possession of the said part
heir heirs, and against second tal/ and every+person and persons whomsoever, lawful,'v
of the first part, and
claiming or to claim file 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 /
............ .
STATE OF IDAHO )
ss
COUNTY OF ADA )
Q
Name
a� •
'AFFIDAVIT OF LEGAL INTEREST
rV'I S ZS25 S.
31
Address
Ott j14iAJ ,Q , 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
9 oA yw Km
(name
(address)
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or to the ownership of the property which is the subject of the application.
Dated this d- � day ofy ChW 1 19 9�
a Ir
Zeme
nature)
SUBSCRIBED AND SWORN Jo befhe day an ar first above written.
...
••
• O f. •I�
��.:.•• •••••• 7
q�,pTARk0
�...
t � P�BL1G ! it
1P % e• p
Notary Public-f-Qr Public-f-Idalho
Residing at
My Commission Expires
11
i'
•
STATE OF IDAHO
ss
COUNTY OF ADA
AFFIDAVIT OF POSTING
•
I, Donna Wilson (Briggs Engineering, Inc.) 1800 Overland Road
(name) (address)
Boise Idaho 83705 , being first duly sworn upon
(city) (state) oath, depose and say:
That I will personally post the subject property with a hearing notice one week prior to the
public hearing for annexation, variance and preliminary plat.
Dated this day of �e�tT��n2 19 `tom
(Signature)
SUBSCRIBED AND SWORN to before me the day/Md year first above written.
i�G
Notary Pu is
Residing at _
* My Commission Expires: 2. 2tDco
981007\affid-posting
1
AFFIDAVIT OF ACCURACY
STATE OF IDAHO )
ss
COUNTY OF ADA )
I, Becky L. Bowcutt (Briggs Engineering Inc.) 1800 W. Overland Road
(name) (address)
Boise Idaho, 83705 , being first duly sworn upon
(city) (state) oath, depose and say:
That I prepared the attached applications for Martin Development, Inc. and the information
contained is true and correct.
Dated this 2� day of 19
(Signature)
SUBSCRIBED AND SWORN to beforepe the day d year first above written.
i?
Notary Pub i o
�OTA.R t Residing P --J%4= r Ir-)MfT--)
p+neo'; My Commission Expires:
981007\affid-accuracy
1
IZ
JEFFREY M. WILSON
BRIAN F. MCCOLL
Elaine Martin
Marcon, Inc.
6236 E. Hunt Ave.
Nampa, Idaho 83687
Dear Elaine and Marty:
BFM/rj
Enc.
WILSON & MCCOLL
LAWYERS
420 WEST WASHINGTON
POST OFFICE BOX 1544
BOISE. IDAHO 83701
October 2, 1998
TELEPHONE (208) 343-9100
FACSIMILE (208) 384-0442
E-MAIL-- Mkmaoltam
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,
'�K .
BRIA McCOLL
1
.,OMMITMENT FOR TITLE INS --
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.•..-LITMENT 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 47117" West 25.00 feet to the POINT OF
BEGINNING; thence
North 89 degrees 47117" 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 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
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 o=
the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest 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 C
Ov-4tTMENT SCHEDULE B - SECTIO10-
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 B - Section 1
r
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
71
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 B - Section 2 - Continued
i
cb
0
S. E. CORNER
1 13 SEC. 2 0
C83
ADA COUNTY ASSESSOR'S OFFICE
ALLIANCE TITLE & ESCROW CORP.
SEPTEMBER 30, 1998
WILSON & MCCOLL
420 W. WASHINGTON
P.O. BOX 1544
BOISE, IDAHO 83701
RE: HARRIS/MARTIN
REcEI VED
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
recruested .
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...IQahO St . , Boise, I^a_^_C
Please do not hesitate tc contact TAKA KO CUTTLERS or EV= KELLER if yoU
should have any questions concerning your transaction.
WE APPRECIATE YOUR BUSINESS!
2 LCiC� 6Cll �_
TA KO CUTTLERS
200 EAST CARLTON. - MERIDIAN, IDAHO - 83642
208-888-3150 - 1 -877 -88 -TITLE - FX 208 888-6414
ORDER NO. 98077E OTC *^
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 47'17" West 1,313.64 feet; thence
North 00 degrees 11'44" 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 00100" West 373.15 feet to the POINT
OF BEGINNING.
0
.• Martin Development, Inc.
6236 E. Hunt Ave.
Nampa, Idaho 83687
Phone (208) 463-0209 - Fax (208) 463-8745
1
Letter of TraAitta! y '
Date /t, Job
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 # DESCRIPTION
3RIGG�
OCT
TRANSMITTED as checked below:
For approval
_ Foryouruse
_ As requested
For review and comment
_ Approved as submitted
_ Approved as noted
Returned for corrections
E. 0AH
_ Resubmit copies for approval
_ Submit copies for distribution
_ Return corrected prints
REMARKS: `
J
> SIGNED:
Elaine Martin, President
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.
EQUAL OPPORTUNITY EMPLOYER
•
CITY OF MERIDIAN
"Hub of Treasure Valley'
33 E. Idaho
Meridian, Idaho 83642
888433
In—
Customer's
Order No. Q
Name eect
Date
Cry 7T " �rf
S
Address
Phone:
SOLD BY
CASH
C.O.D.
CHARGE ON ACCT.MDSE.
RETD. PAID OUT
i
I
I
i
I
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All claims and returned goods MUST be accompanied by this bill.
TAX
0 010 4 51
Re
1-1-14TOTAL 3
PRINTED PNINTFO WITH �Q7 a
PRINTED IN U.S.A.
6rp1V15i gS
Y� oh
CITY OF MERIDIAN,,�n0
S d
"Hub of Treasure Valley" �P O
33 E. Idaho
Meridian, Idaho 83642 Y
888-4433
PRINTED IN U.S.A. vnixreo wrt" �`�jyP
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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
NEVANTA INC
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 94401-0840
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
A 0 pk C0�
RECORDED -REG EST OF
J.OM NAVARRO
1�r4F'Q FEE 0
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AW i 999 Ao Z 2 Pik 12: 3 9 DEVELOPME" U�yf nNT
THIS DEVELOPMENT AGREEMENT this "Agreement"), is made
and entered into this day of , 1999, by and between
CITY OF MERIDIAN, a municipal corpo tion of the State of Idaho, hereafter
called "CITY", and MARTIN L.L.C., a Limited Liability Corporation,
hereinafter called "DEVELOPER", whose address is 6236 E. Hunt Avenue,
Nampa, Idaho 83687.
1. RECITALS:
1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein
after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re -zoning
that the owner or developer make a written commitment
concerning the use or development of the subject property; and
1.3 WHEREAS, CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation and/or
re -zoning of land; and
1.4 WHEREAS, DEVELOPER has submitted an application for
annexation and zoning of the Property's described in Exhibit A,
and requested a designation of Low Density Residential, (R-4 ,
11-2-408 (B) (3) (Municipal Code of the City of Meridian), and
has submitted a site plan in connection with the development of
the property, which site plan is subject to specified terms and
conditions, has been recommended for approval by the Meridian
Planning & Zoning Commission to the Meridian City Council;
and
1.5 WHEREAS, DEVELOPER made representations at the public
hearings both before the Meridian Planning SL Zoning
Commission and before the Meridian City Council, as to how the
subject Property will be developed and what improvements will
be made; and
DEVELOPMENT AGREEMENT PAGE
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
1.6 WHEREAS, record of the proceedings request for annexation and
zoning designation of the subject Property held before the
Planning SL Zoning Commission, and subsequently before the
City Council, include responses of government subdivisions
providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the day of 1999,
has approved certain Findings of Fact and Conclusions of Law of
the Planning and Zoning Commission and Decision and Order,
set forth in Exhibit B, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter referred to
as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 WHEREAS, DEVELOPER deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, CITY requires the DEVELOPER to enter into a
development agreement for the purpose ensuring that the
property is developed and the subsequent use of "the Property"
is in accordance with the terms and conditions of this
development agreement, herein been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
PAGE 2
DEVELOPMENT AGREEMENT
MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
3. USES PERMITTED BY THIS AGREEMENT:
Is
3.1 The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance Low Density Residential
R-4 codified at section 11-2-408 (B) (3) Municipal Code of the
City of Meridian.
3.2 DEVELOPER agrees that this Agreement
specifically the abovelows only
referenced
the uses and/or conditional uses described
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
3.3 No change in the uses specified in
this Agreement -
Is e shall be
allowed without modification oft gre
PROPERTY:
4.1 DEVELOPER shall develop subject Property including the
obtainance of the appropriate permits and ace with
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
4. 1.1 That DEVELOPER, in accordance with its representations
Before
the CITY, shall, on the land describe
d in 19.427 acres into fifty-three (53) single family dwelling lots and
seven (7) common lots.
4.1.2 This application is for annexation and
subject o t
d t`taparcels
which abutt each other and which a
application for annexation and zoning and are described he in the
application, and by this reference said descriptions are
incorporated herein as if set forth in full. Both parcels are owned
by Martin L.L.C. as set forth in the Warranty Deeds prepared by
PAGE
DEVELOPMENT AGREEMENT
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
Alliance Title and attached to the legals in Exhibit "A". The legal
description for all of which is set forth in the legal description
which is contained on the "Annexation Description for Farwest
Development (Village at 1000 Springs)" prepared by Michael E.
Marks, P.L.S. No. 4998 dated November 12, 1998. The two
parcels are approximately 21.54 acres in size. The property is
located North of E. Victory Road, West of S. Eagle Road,
Meridian, Idaho. The legal description for annexation included
in the application appears to describe the subject site; however it
is not tied to recognized government corners as required by the
State Tax Commission. Developer shall submit a revised legal
description that references the recognized government corners.
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 Corporate City Limits per Ordinance No. 686.
4.2 Detailed site plans are to be prepared by Developer for any
improvements upon the subject real property to be reviewed and
approved by the Planning and Zoning Commission and which
plans shall comply with the following:
4.2.1 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.
4.2.2 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.
4.2.3 Provide five -foot -wide sidewalks in accordance with City
Ordinance Section 1 1-9-606.B.
DEVELOPMENT AGREEMENT
PAGE 4
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
4.2.4 Submit letter from the Ada County Street Name Committee,
approving the subdivision and street names. Make any
corrections necessary to conform.
4.2.5 Coordinate fire hydrant placement with the City of Meridian's
Water Works Superintendent.
4.2.6 Indicate on the final plat map any FEMA floodplains affecting
the area being platted, and detail plans for reducing or
eliminating the boundary.
4.2.7 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.
4.2.8 Sanitary sewer and water service to this site will be via extensions
of mains that are being installed in the Thousand Springs
Subdivision. Developer 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.
4.2.9 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.
4.2. 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
DEVELOPMENT AGREEMENT PAGE 5
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
Meridian Building Department for all lots impacted by the filling
of said ditches.
4.2. 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.
4.2.12 Developer has indicated that the pressurized irrigation system
within this development is to be an extension of the Nampa Sz
Meridian Irrigation District system being installed to serve the
Thousand Springs Subdivision and Sherbrooke Hollows.
4.2.13 Developer 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. Developer 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.
4.2.145. Lava Way, to the north of this proposed project, was stubbed
to this property for future extension. The Developer 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.
4.2.15A 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.
4.2.16A 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.
DEVELOPMENT AGREEMENT PAGE 6
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
4.2.17 Developer 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. Developer 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.
4.2.18 Developer 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 Developer 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.
4.2.19 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 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.
4.2.20 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.
4.2.21 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.
DEVELOPMENT AGREEMENT PAGE 7
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
4.2.22 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.
4.2.23 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.
4.2.24Utility 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.
4.2.25Any 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.
4.2.26Provide 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.
4.2.27 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.
4.2.28Construct 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.
4.2.29 Construct an ACHD approved turnaround at the end of Goldbug
Court. Submit a design of the turnaround for review and
approval by District Staff.
4.2.30 Other than the access points specifically approved with this
application, direct lot or parcel access to Eagle Road is prohibited.
DEVELOPMENT AGREEMENT PAGE
MARTIN DEVELOPMENT, INC. I THOUSAND SPRINGS VILLAGE SUBDIVISION
Lot access restrictions, as required with this application, shall be
stated on the final plat.
4.2.31 The City should have another water supply in the subject area
prior to approval of any projects.
6. INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, notify
the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development
Agreement and all other ordinances of the City that apply to said
Development.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
8. REQUIREMENT FOR RECORDATION: CITY shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the
Property by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
DEVELOPMENT AGREEMENT PAGE 9
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
9. ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
10. DEFAULT
10.1 In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections with the Property, this Agreement may be
modified or terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by CITY of any default by DEVELOPER of any one or
more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights
or remedies of CITY or apply to any subsequent breach of any
such or other covenants and conditions.
11. REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity
to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the parties
agree that CITY and DEVELOPER shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
the non -breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
11.2 In the event the performance of any covenant to be performed
hereunder by either DEVELOPER or CITY is delayed for causes
DEVELOPMENT AGREEMENT PAGE 10
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
12. SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to
abide by all ordinances of the CITY of Meridian and the property shall
be subject to de -annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
15. Notices: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered
or three (3) days after deposit in the United States Mail, registered or
certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY:
c/o City Engineer
City of Meridian City
200 E. Carlton, Suite 101
Meridian, ID 83642
DEVELOPER:
MARTIN L.L.C.
6236 E. Hunt Avenue
Nampa, Idaho 83687
DEVELOPMENT AGREEMENT PAGE 11
MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS. VILLAGE SUBDIVISION
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
16. Attorney Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be
entitled, in addition to any other relief as may be granted, to court costs
and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or
forfeiture of this Agreement.
17. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
18. Binding upon Successors: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns
and personal representatives, including CITY's corporate authorities and
their successors in office. This Agreement shall be binding on the owner
of the Property, each subsequent owner and each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. CITY agrees, upon written
request of DEVELOPER, to execute appropriate and recordable
evidence of termination of this Agreement if CITY, in its sole and
reasonable discretion, had determined that DEVELOPER has fully
performed its obligations under this Agreement.
19. Invalid Provision. If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to
DEVELOPMENT AGREEMENT PAGE 12
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
be excised therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
20. Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and
CITY relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express
or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to
CITY, to a duly adopted ordinance or resolution of CITY.
20.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
21. Effective Date of Agreement. This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and
zoning of the Property and execution of the Mayor and City Cleric.
DEVELOPMENT AGREEMENT PAGE 13
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
BY RESOLUTION NO.
Attest:
City Cleric
MARTIN L.L.C.
BY:
ELAINE MARTIN,
MANAGING MEMBER
CITY OF MERIDIAN
Robert D. Corrie
OF
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Sa.
SICAL
BY RESOLUTION NO.
Ty
DEVELOPMENT AGREEMENT PAGE 14
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this day of PR I L in the year 1999, before me,
fte' k -el le, W i A(ck e 5f"-tr a Notary Public, personally appeared ELAINE
MARTIN, known or identified to me to be the Managing Partner of said
corporation, who executed the instrument or the person that executed the
instrument on behalf of said corporation, MARTIN L.L.C., and acknowledges to
me that such corporation executed the same.
(S MICHELLE WINCHESTER
NOTARY PUBLIC
STATE OF OW
Ada County, Idaho l
Commission Expires
Notary Public for Idaho
Commission Exp ire s:__/'J_o7o03
STATE OF IDAHO)
:ss
County of Ada )
On this_,;&L day of in the year 1999, before me,
GHQ
a Notary Public, personally appeared Robert D.
Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric,
respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that
such City executed the same.
(SE "0'01A)tY Notary Public for Idaho
* • Commission Expires:
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DEVELOPMENT AGREEMENT PAGE 15
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT PAGE 16
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
AM -16 gjjhXjl lb•4J ALLIAMU '('{'I'Lt bb(;.
ORDER NO.
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EXiUIT -A-
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portions of the Southeast Quarter of the Seutheast
Mer.
Section 20, .Township 3 North, lunge 1 East, Mer;diaa. 4Ltascer
.Gllow$: 4* 20' Courcy, Idaho, more particularly dserihed as
3 Scrth. at the Southeaat corner of $ect:ion 20, 'Fowa9hip
3 Notch, Range 1 East, Boise Meridian, Ada Cauat r
tne'ce Y. daiso.
Nort!s 00 degrees 00'00' gest 779,31 feet. thence
!North 89 degrees 47,17" West: 25.00 feat to the POINT OF
Werth 898degreesG4?-17" Wear
1.313.64 feet; thence
varth 00 gr 12•44
feet; t4ence
South 00 sout:s 89 degrees 50.32" East 87E.09 feet; thence
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South
00 degzeeZ es 40-07- EaSt 435.60 feet; thence
OF BEGr-, w$9t 373 .15,feec to the POINT
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FILE NO.; 172078
snusr ,A
THAT PORTION OF THE SOMMEAST WARTER CW THE SOUnfEA3 T GtJARM OF SECT ION
20. TO NMri S NORTH, RANGE 1 EAST OF BOISE itERIDIm IN ADA GDQI[TY, IDAHO,
DESCRIBED AS FCUjM:
CON11MIM AT THE SOU HUST CORNER OF SAID SECTION 29; rrftM
ALOS IME SEMI% LIVE NORTH D DEGREE 03' MST 779.SIL FELT T4 A PODff;
TMOZE
NORTH 89 OMftS 58.30' WEST e08.81 FEET TO A REAL POINT dF SWIMMING;
THENCE
NOATFt 6S OEGREW 58'50' BEST NO FEET TO 111E LINE; Twine
SOUTH 0 DEAME 04' 17* WEST ALONG i l % LINE S6f .51 REPT TO A POW-, THEME
NRJM 75 DEGRMM 37' EAST 34.74 FEET TO A POINT; THENCE
MOM 51 OEORFFS 26' EAST 83.95 FLET TO A P'OtNT; THME
NOFITN a4 wGREPS 18'1s, EAST 110.57 FEET TO A POW,, THENCE
MUTH 69 DMFS 32'45' EAST 138.63 FEET TO A POVIT; THM.
SOUTH 70 DEGREES 11.30- EAST 193.16 ft-tT TO A POINT; THEWX
NORTH 0 OEGREE 08.174 U3T 4010A FEgT TO THE REAL Pova Of BERmatiHB.
END OF LEGAL CLURIPTION
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EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of M12roval
DEVELOPMENT AGREEMENT PAGE 17
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUBDIVISION
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF MARTIN DEVELOPMENT, INC., NORTH )
OF E. VICTORY ROAD, WEST OF S. EAGLE )
ROAD, APPLICATION FOR ZONING OF 21.54)
ACRES FOR THOUSAND SPRINGS VILLAGE)
MERIDIAN, IDAHO )
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public
hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been
received from Shari Stiles, Planning and Zoning Administrator, the Applicant, Becky Bowcutt
of Briggs Engineering, Inc., having appeared and testified, and no one having testified in
opposition and the City Council having received the record and "Recommendation to City
Council" of the Planning and Zoning Commission in this matter and having duly considered
the evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for February
16, 1999, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred (300') feet of
the external boundaries of the property under consideration more than fifteen (15) days prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
to said hearing and with the notice of public hearing having been posted upon the property
under consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February 16, 1999, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code
of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary.
4. There are two parcels which abutt each other and which are the subject to the
application for annexation and zoning and are described in the application, and by this
reference said descriptions are incorporated herein as if set forth in full. One parcel is
owned by Reo L. Hastings, and the other by Reo L. Hastings and Vernetta Hastings,
husband and wife, and the other parcel owned by Howard M. Andreasen and Gordon M.
Harris and Mary A. Harris, husband and wife, the legal description for all of which is set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
in the legal description which is contained on the "Annexation Description for Farwest
Development (Village at 100 Springs)" prepared by Michael E. Marks, P.L.S. No. 4998
dated November 12, 1998. The two parcels are approximately 21.54 acres in size. The
property is located North of E. Victory Road, West of S. Eagle Road, Meridian, Idaho.
5. The Applicant's duly authorized representative in these proceedings is Martin
Development, Inc., of 6236 East Hunt Avenue, Nampa, Idaho, and has filed a written
request for annexation and zoning.
6. The property is presently zoned by Ada County as Rural Transition (RT) and
consists of vacant, undeveloped agricultural land and an existing dwelling with
accompanying farm.
7. The Applicant requests the property be zoned (R-4), Low Density Residential.
8. The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9. The proposed site of the subject property is north of East Victory Road and
West of South Eagle Road and contains an existing dwelling and farm located at the
northeast corner of the site abutting Eagle Road.
10. The city limits of the City of Meridian are adjacent and abut to the north and
west sides of the subject real property.
11. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
13. 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.
14. 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.
15. There are no significant or scenic features of major importance that affect the
consideration of this application.
16. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
17. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed:
17.1 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.
17.2 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
17.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1
1-9-606.6.
17.4 Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
17.5 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
17.6 Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
17.7 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 of the annexation.
17.8 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.
17.9 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.
17.10 Hydraulic analysis indicates that development southeasterly of the
Ridenbaugh Canal will experience lowerthan 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall
coordinate the design and location with the Public Works Department.
17.11 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.
17.12 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.
17.13 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.
17.14 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.
17.15 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. The pedestrian
walkway needs to be paved and landscaped in accordance with City
Ordinance.
17.16 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.
17.17 A detailed landscape plan for the common areas, including fencing locations
and types of construction, shall be submitted for review and approval with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
submittal of the final plat map. A letter of credit or cash surety will be required
for the improvements prior to signature on the final plat.
17.18 A development agreement is required for this project, as a condition of
annexation of the property.
17.19 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.
17.20 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. 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.
17.21 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.
17.22 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.
17.23 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
17.24 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.
17.25 Construct a 5 -foot wide concrete sidewalk on Eagle Road abutting the entire
site including the out parcel. The
sidewalk shall be Coordinate the ocatioted two n of the eet sidewalk s'dewlahk w th
in the
new right-of-way of Eagle Road.
District staff.
17.26 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.
17.27 Any proposed landscape islands/medians and ma nta ned by public
homheowneas
dedicated by this plat shall be owned
association. Notes of this should be required on the final plat.
17.28 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.
ts 16
17.29 Provide a 10 -foot wide pavedpathway pedestrian Coordinate the to at onoof the
and 18, Block 1, of the proposed subdivision.
pedestrian pathway with District staff.
17.30 Construct all public roads within
subdivision
ewalks w thin 50 feet of theyght of -
curb, gutter, and 5 foot wide concrete s d
way.
17.31 Construct an ACHD approved turnaround at the end of Goldbug Court.
Submit a design of the turnaround for review and approval by District Staff.
17.32 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.
17.33 The City should have another water supply in the subject area prior to
approval of any projects.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ION &ORDER GRANTING
ZON NG /T
ANNEXATATOUSAND SPR NGS VILLAGE
FOR ANNE
MARTIN DEVELOPMENT, INC.
18. It is found that if the developer pays for the requested improvements and
complies with the conditions set forth in these findings of fact no. 17, and all subparts, the
economic welfare of the City and its residents and tax and rate payers will be protected,
which requirement shall be included in a development agreement, a condition of
annexation and zoning designation.
19. The development of the property as (R-4) Low Density Residential District,
as requested by the applicant, will be compatible to the development in the
surrounding area subject to the conditions of development herein found to be
reasonable in relation to the requested zone (R-4) Low Density Residential District
and is in accordance with the adoptive Comprehensive Plan of the City of Meridian.
20. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
21. There are no major or scenic features of major importance that affect the
consideration of this application.
22. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
follows:
22.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the subject
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
22.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
22.3 The expansion of commercial development is facilitated by the granting of this
application subject to the conditions herein set forth.
22.4 The application is consistent with Meridian's self identity.
22.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening -of the City's ability to finance and implement public
improvements, services and its open space character.
22.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a self-
sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the subject
application.
22.7 Compliance with the requests of the Political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are balanced
to insure that revenues pay for services and that the Urban Service
Planning Area is visually attractive, efficiently managed and clearly
identifiable.
22.8 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and the
Zoning ordinances of the City to the subject application.
23. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by Idaho
Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417
provides the City may annex real property that is within the Meridian Urban Service
Planning Area as set forth in the City's Comprehensive Plan.
2. The Commission may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho
Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21,
1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
1. The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
1.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area -specific policies and programs.
1.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
provision of services and the distribution of new housing units
within the Urban Service Planning Area.
1.3 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
1.4 To provide housing opportunities for all economic groups within
the community.
1.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
1.6 To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
1.7 To provide community services to fit existing and projected
needs.
1.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
1.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
1.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
3. Under TRANSPORTATION, Page 43
Existing Conditions
a. Eagle Road north of Overland Road is designated as a
principal arterial.
4. Under COMMUNITY DESIGN, at Page 71
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
Special Community Design Areas Goal Statement
2.1 U Require businesses and government to install and
maintain landscaping.
2.2U Encourage area beautification through uniform sign
design that enhances the community.
2.3U Encourage the beautification of streets, parking lots,
public lands, and state highways.
2.5U Encourage the use of attractive open space,
landscaping, lighting, and street furniture for the benefit of the
public.
Quality of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially in
areas of prominent visibility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
5. The requested zoning of Low Density Residential District, (R-4) is defined
in the Zoning Ordinance at 11-2-408 B. 3. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4) District is
to permit the establishment of low density single-family dwellings, and to delineate
those areas where predominately residential development has, or is likely to occur
in accord with the Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible non-residential uses.
The (R-4) District allows for a maximum of four (4) dwelling units per acre and
requires connection to the Municipal Water and Sewer systems of the City of
Meridian.
6. That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and
provides as follows:
Each such ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision.
7. That pursuant to the authority of the Idaho State Legislature, the City may
impose either a development fee or a transfer fee on residential property, which, if
possible, would be retroactive and apply to all lots in the City, because of the imperilment
to the health, welfare, and safety of the citizens of the City of Meridian.
8. That Section 11-9-605 G 1. states as follows:
Planting strips shall be required to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the normal street right of way or utility easement.
9. That Section 11-9-605 L states, in part, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous, or which canals, ditches or laterals
touch either or both sides of the area being subdivided, shall be covered and
enclosed with tiling or other covering equivalent in ability to detour access to said
ditch, lateral or canal.
10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows:
The City's policy is to encourage developers of land development and construction
projects to utilize the provisions of this Section to achieve the following:
1. A development pattern in accord with the goals, objectives and
policies of the Comprehensive Plan ....;
5. A more convenient pattern of commercial, residential and industrial
uses as well as public services which support such uses.
11. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
12. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616
which pertains to development time schedules and requirements; Section 11-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to
pressurized irrigation systems.
13. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
14. Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If
a commitment is required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
15. As a condition of annexation and the zoning of (R-4) Low Density
Residential, the Applicant may be required to enter into a development agreement as
authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the
subject of this application, prior to the passage of an annexation and ordinance of zoning
designation; that the Applicant enter into a development agreement for the development
of the subject property, condition of annexation, a condition of zoning (R-4) Low Density
Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the
City of Meridian. As an alternative to entering into a development agreement Applicant
may be required to submit detailed site plans for review by the Planning and Zoning
Commission or City Council for approval.
16. Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
16.1 If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If
a commitment is required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. This application is for annexation and zoning of two parcels which abutt
each other and which are the subject to the application for annexation and zoning and are
described in the application, and by this reference said descriptions are incorporated
herein as if set forth in full. One parcel is owned by Reo L. Hastings, and the other by
Reo L. Hastings and Vernetta Hastings, husband and wife, and the other parcel owned by
Howard M. Andreasen and Gordon M. Harris and Mary A. Harris, husband and wife, the
legal description for all of which is set forth in the legal description which is contained on
the "Annexation Description for Farwest Development (Village at 100 Springs)" prepared
by Michael E. Marks, P.L.S. No. 4998 dated November 12, 1998. The two parcels are
approximately 21.54 acres in size. The property is located North of E. Victory Road,
West of S. Eagle Road, Meridian, Idaho. The legal description for annexation included in
the application appears to describe the subject site; however it is not tied to recognized
government corners as required by the State Tax Commission. Applicant shall submit a
revised legal description that references the recognized government corners. 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 Corporate
City Limits per Ordinance No. 686.
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 of the annexation.
2. That the City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the annexation and zoning designation. (R-4) Low Density
Residential District Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
3. Detailed site plans are to be prepared by the applicant for any improvements
upon the subject real property to be reviewed and approved by the Planning and Zoning
Commission and which plans shall comply with the following:
3.1 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.
3.2 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.
3.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section
1 1-9-606.B.
3.4 Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
3.5 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
3.6 Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
3.7 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.
3.8 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. Sewer manholes are to be
provided to keep the sewer lines on the south and west sides of the
centerline.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION &ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
3.9 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.
3.10 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.
3.11 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.
3.12 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.
3.13 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.
3.14 S. Lava Way, to the north n f proposed
stubbed to
l
property for future extensThe applicant is proposing to leave SLava
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
3.15 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.
3.16 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.
3.17 A development agreement is required for this project, as a condition of
annexation of the property.
3.18 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.
3.19 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.
3.20 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.
3.21 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
minimum 100 -square foot area and dedicate sufficient right-of-way to
include the required improvements.
3.22 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.
3.23 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.
3.24 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.
3.25 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.
3.26 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.
3.27 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.
3.28 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.
3.29 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.
3.30 Construct an ACHD approved turnaround at the end of Goldbug Court.
Submit a design of the turnaround for review and approval by District Staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
E��e �QvacL
3.31 Other than the access pointsC�Isp
ecifically approved with this application,
direct lot or parcel access to prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
3.32 The City should have another water supply in the subject area prior to
approval of any projects.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held February 16, 1999.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN GLENN BENTLEY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED: __. DISAPPROVED:
RECEIVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23
AND DECISION AND ORDER GRANTING APPLICATION MAR
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE aY % MEJUDUN
MARTIN DEVELOPMENT, INC.
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
Dated:
By
City Clerk
msg\DAMyFiles\Meridian City File\Thousand Springs Village AZ\AZ.FCS.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZON.ING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
Mayor
ROBERT D. CORRIE
City Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
December 10, 1999
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Fax (208) 888-4218
Idaho Power Company
10790 W. Franklin Road
Boise, ID 83709
322-2000 388-2402 *Dena 388-2021 fax 388-6924
388-6532 fax 322-2032
Re: Street Lights for Thousand Springs Village Subdivision
LEGAL DEPARTMENT
(308) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211• Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Faz 887-1297
The street lights have been installed by the developer in Thousand Springs
Village Subdivision. These are 100 and 250 watt high-pressure sodium lights on
steel poles, owned by the City of Meridian with a maintenance agreement with
Idaho Power.
The ten (10) street lights are located at:
250w Lot 1 Block 3
E.
Lake Creek Drive
Lot 1 Block 4
E.
Lake Creek Drive
Lot 13 Block 4
E.
Mackay Court
Lot 4 Block 7
S.
Barth Avenue & E. Mackay Court
Lot 1 Block 7
S.
Barth Avenue & E. Lake Court
Lot 10 Block 6
S.
Barth Avenue & E. Dworshak Street
Lot 1 Block 6
E.
Dworshak Street & S. Pine Flats Way
Lot 11 Block 5
E.
Dworshak Street
Lot 4 Block 5
E.
Lake Creek Drive
Lot 4 Block 1
E.
Lake Creek Drive
See attached map for additional information. Please use this letter as your
authority to activate these street lights.
Sincerely
William G. Berg, Jr.
City Clerk
OFFICIALS
r WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON. Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
To: Will Berg, City Clerk
Bruce Freckleton, Assistant to City Engineer
From: Harold Hudson, Electrical Inspector
Re: STREET LIGHT ELECTRICAL INSPECTION
I have inspected and appro,
lights in /Ooa�G
can now proceed with the
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
Date: /-2 —6 —'r'5;
FBc-E'vED
9 E C — 3 1999
CITY OF MRIDIA1N
the electrical wl and associated components for /0' street
Idaho Power Co.
Harold Hudson, Electrical Inspector
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ELECTRICAL PERMIT Issued: / / Permit No: \15088
OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------
I 1 THOUSAND SP VILLAGE
MERIDIAN, ID 83000 1 Lot: Block: Long Legal:
208/000-0000 1 Sub:
T: S: I Parc No:
CONTRACTOR ----------------------------- DESIGNER ---------------------------------
ALLOWAY ELECTRIC 1
1420 GROVE ST. I
BOISE, ID 83702 1 ,
208/344-2507 1 000/000-0000
PROJECTINFO --------------------------------------------------------------------
Prj Value: $12,570.00 1 Temp Service:
Prj Type: STREETLIGHTS I Residential Service:
Occ Type: COMMERCIAL 1 Number of Rooms:
Occ Grp: Occ Load: I Electrical Heat:
Cnstr Type: I Number of Circuits:
Land Use: IOther:STREETLIGHTS
PROJECT NOTES -------------------------------------------------------------------
1 250 W HRS @ 1/3 (�
9 100 W HPS @ 1/4, 13/4, 4/7, 10/6, 1/6, 11/55 4/5, 4/ 1- , 1/7
PROJECT FEES ASSESSMENT --------------
TOTAL ELECTRICAL FEE: $245.00
----------------------------------------
Amount Paid: $0.00
Balance Due: $245.00
REcElvED
NOV - 5 1999
CITY OF MERIDIAN
1101C
u
crU. n AVARRO
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RECORDED -REOU ST OF
FEt_L_--_DE?
1999„P 22 °,112:33 $Vko 99039303
CITY OF MERIDIAN
ORDINANCE NO. 6 ZV
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY
RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEERTO ADD SAID PROPERTYTO THE OFFICIAL MAPS
OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit:
A parcel of land lying in the SE 1/4 of the SE 1/4 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, T.3N., R. IE., B.M., thence N 00o
00'18” W 779.44 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL
POINT OF BEGINNING of this description.
Thence N 8947'41" W 808.57 feet to a point;
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUB.
ANNEXATION AND ZONING ORDINANCE
Thence S 00o 11'31" W 400.91 feet to a point;
Thence N 70oO9'32" W 193.14 feet to a point;
Thence N 6930'47" W 138.63 feet to a point;
Thence S 84o 1T1 3" W 119.5 7 feet to a point;
Thence S 51°29'58" 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 1/4 of the SE
1/4;
Thence N 000 11'31" E 930.84 feet to the northwest corner of the SE 1/4 of the SE 1/4;
Thence S 89050'56" E 1336.61 feet to the northeast corner of the SE 1/4 of the SE 1/4;
Thence S 00000'18" E 570.60 feet along the east line of the SE 1/4 of the SE 1/4 to the
REAL POINT OF BEGINNING of this description.
Said parcel of land contains 21.541 acres more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Low Density Residential District (R-4).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City
MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUB. 2
ANNEXATION AND ZONING ORDINANCE
of Meridian and the owner of the land described in Section 1 dated the 20)"r—tday of
/4 i"t � , 1999.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of
the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
PASS D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20 4 day
of T! , 1999.
APPROVED BY THE MAYOR OF
of 42rll , 1999.
msg\Z:\Personal\MStGeorge\My Files\Meridian
MARTIN DEVELOPMENT, INC. / THOUSAMY
ANNEXATION AND ZONING ORDINANCE
OF MERIDIAN, IDAHO, this ZW — day
GS VILLAGE SUB.
3
EXHIBIT "A"
0
A parcel of land lying in the SE 1/4 of the SE 1/4 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, T.3N., R. 1 E., B.M.,
thence N 00o 00'18" W 779.44 feet along the east line of the SE 1/4 of the SE
1/4 to the REAL POINT OF BEGINNING of this description.
Thence N 8947'41" W 808.57 feet to a point;
Thence S 00o 11'31" W 400.91 feet to a point;
Thence N 70009'32" W 193.14 feet to a point;
Thence N 69030'47" W 138.63 feet to a point;
Thence S 840 1T1 31, W 119.57 feet to a point;
Thence S 51o29'58" 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 1/4 of
the SE 1/4;
Thence N 000 11'31" E 930.84 feet to the northwest corner of the SE 1/4 of
the SE 1/4;
Thence S 89050'56" E 1336.61 feet to the northeast corner of the SE 1/4 of
the SE 1/4;
Thence S 00000'18" E 570.60 feet along the east line of the SE 1/4 of the SE
1/4 to the REAL POINT OF BEGINNING of this description.
Said parcel of land contains 21.541 acres more or less.
-----------
-
- ------ - ------ -
----------------------------------------------- ----------------------------- ---
Iry
114-
ni:
to
En
Meridian City Council Meeting
April 20, 1999
Page 3
(Inaudible)
Rountree: Mr. Mayor, I would move that we approve the city entering into an agreement
with YMC for sewer hook up subject to their approval.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the hook up
request to the city sewer by YMC. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES.
2. TABLED 416199: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
VILLAGE SUBDIVISION:
Corrie: Staff, do we have that agreement and is it signed?
Rountree: Yes, we do.
Berg: Mr. Mayor and members of the Council, with the two pages that you got recently,
it is an okay agreement and I do have signatures from the applicant.
Corrie: Any other comments from staff?
Rountree: Mr. Mayor I move that we approve the development agreement for
Thousand Springs Village Subdivision, authorize the Mayor to sign and the Clerk to
attest.
Bird: Second.
Corrie: Motion made and second to accept the development agreement, the Mayor to
sign and the City Clerk to attest. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
3. TABLED 416199: ORDINANCE TION AND ZONING OF
A1W THOUSAND SPRINGS VILLAGE SUBDIVISION:
Corrie: City Clerk would you read the title only on the ordinance?
Berg: Yes, Mr. Mayor. (CLERK READ ORDINANCE BY TITLE ONLY)
Meridian City Council Meeting
April 20, 1999
Page 4
Corrie: Thank you. Is there anyone from the audience who would lik
Ordinance #820 read in its entirety? Hearing none, I'll entertain a motion for Ordinance
#820.
Bentley: Mr. Mayor I move that we approve Ordinance #820 annexation and zoning of
Thousand Springs with suspension of rules.
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve Ordinance
#822 with suspension of rules. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
4. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN
GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN
LANE AND TEN MILE):
Corrie: Mr. Clerk, do we have a signed agreement on this one?
Berg: Mr. Mayor and members of the Council, we do have a signed development
agreement by the applicant.
Corrie: Staff comments? Okay, Council have any questions?
Bird: I have none.
Bentley: I have none.
Corrie: I'll entertain a motion on item number four.
Bentley: Mr. Mayor I move we approve the development agreement for John Goade,
authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve item number four
development agreement as stated in the motion. Any further discussion? Hearing none
all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
5. TABLED 4/6/99: ORDINANCE #821 —ANNEXATION AND ZONING OF 8.51
ACRES BY JOHN GOAD:
0
Meridian City Council Meeting
April 20, 1999
Page 3
(Inaudible)
Rountree: Mr. Mayor, I would move that we approve the city entering into an agreement
with YMC for sewer hook up subject to their approval.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the hook up
request to the city sewer by YMC. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES.
2. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
4W VILLAGE SUBDIVISION:
Corrie: Staff, do we have that agreement and is it signed?
Rountree: Yes, we do.
Berg: Mr. Mayor and members of the Council, with the two pages that you got recently,
it is an okay agreement and I do have signatures from the applicant.
Corrie: Any other comments from staff?
Rountree: Mr. Mayor I move that we approve the development agreement for
Thousand Springs Village Subdivision, authorize the Mayor to sign and the Clerk to
attest.
Bird: Second.
Corrie: Motion made and second to accept the development agreement, the Mayor to
sign and the City Clerk to attest. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
3. TABLED 4/6/99: ORDINANCE #820 —ANNEXATION AND ZONING OF
THOUSAND SPRINGS VILLAGE SUBDIVISION:
Corrie: City Clerk would you read the title only on the ordinance?
Berg: Yes, Mr. Mayor. (CLERK READ ORDINANCE BY TITLE ONLY)
E
•
MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999
APPLICANT: MARTIN DEVELOPMENT
AGENDA ITEM NUMBER: 3
REQUEST: ANNEXATION ORDINANCE FOR THOUSAND SPRINGS VILLAGE SUBDIVISION
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:
COMMENTS
SEE ATTACHED MINUTES FROM 4/6/99
r r1
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property o� Qtn eridian.
41,q _ U
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 12
4. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
VILLAGE SUBDIVISION:
Corrie: Shari, how does that — development agreement been done now?
Stiles: I believe the City Clerk would have that information whether it had been returned
signed.
Corrie: Has it been signed Mr. Clerk?
Berg: Mr. Mayor and members of the Council I do not have a signed development
agreement.
Gigray: Mr. Mayor and members of the Council, I spoke with members of the Clerk's
office earlier today. There is some question with regards to the parties that are
designated in the development agreement as to why they were included. Those are the
persons that were listed as the property owners according to the files and records that I
have. There's some indication that maybe one of them is no longer alive or whatever.
That may pose some proof of transfer of ownership or whatever, and I assume they are
in the process of trying to determine who the property owners are at this point. I did go
to Alliance Title to try to see if there was any new information, didn't find any, so I
believe the development agreement has been prepared properly at this point, but we'll
try to work with the developer to get this straightened out before the next council
meeting. If this has not been signed, and I would recommend that you not pass an
ordinance of annexation until the development agreement is signed, and I think that's
item number five.
Bentley: Mr. Mayor I move that we table the development agreement for Thousand
Springs Village Subdivision until the meeting on 4/20.
Bird: Second.
Corrie: Motion's been made and second that we table item number four of the
development agreement for Thousand Springs Village Subdivision until April 20th, 1999
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
5. TABLED 3/16/99: ORDINANCE #818 — ANNEXATION AND ZONING OF
THOUSAND SPRINGS VILLAGE SUBDIVISION:
Bentley: Mr. Mayor I move we table the annexation ordinance #818 for Thousand
Springs until 4/20/99.
Bird: Second.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 13
Corrie: Motion is made and second that we table item number 5 the ordinance #818
annexation and zoning of Thousand Springs Village Subdivision until April 20, 1999
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
6. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN
GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN
LANE AND TEN MILE):
7. TABLED 3/16/99: ORDINANCE #819 — ANNEXATION AND ZONING OF 8.51
ACRES BY JOHN GOAD:
Corrie: Is this one not signed either? Okay, I think there was also a legal that had to
come in on that one. Mr. Rountree?
Rountree: If we can't identify that this development agreement has been signed, Mr.
Mayor I would move that we table items 6 and 7 until April 20tH
Bird: Second.
Corrie: Okay. Motion is made that we table item number six and seven which is also
the annexation and zoning until 4/20/99. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Rountree: Mr. Mayor just a point of reference I think to the Council and myself is what's
the difficulty in getting these signed? Are the developers and owners not liking the
development agreements or are they just not getting them back to us or what's the
situation?
Stiles: We have changed the way we got the signatures on these development
agreements. They are going through the City Clerk's office. I believe he sends them
out. Maybe Will could address it more if he's getting any response once they're sent
out. I don't exactly know what the process is any more on it.
Berg: Mr. Mayor and members of the Council I was under the impression that the City
Attorney was in correspondence with the developer on these new development
agreements since the development agreements themselves come out of the City
Attorney's office. Before we had the developer preparing the development agreement
and we were checking them off the template as to the specific items. When we get
them there is a copy sent to the developer but any correspondence with their
disagreement to the development agreement goes to either city attorney or to the
Planning and Zoning Department because those are the issues that attach Findings of
Fact and Conclusions of Law and our conditions on that development agreement we
usually don't have any response to them or ways of changing that or ways of explaining
MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999
APPLICANT: MARTIN DEVELOPMENT INC. AGENDA ITEM NUMBER:—!---
REQUEST:
UMBER:9REQUEST: ORDINANCE #818 - ANNEXATION AND ZONING OF 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:
COMMENTS
SEE ATTACHED ORDINANCE
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
W �jec� � 1s c�r
0 0
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
Email via Internet @ wfg@wppmg.com
March 11, 1999
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
1?FcE'v-ED
MAR 1 1 1999
CITY OF MERIDIAN
Re: THOUSAND SPRINGS VILLAGE SUBDIVISION -
AZ ORDINANCE
Dear Will:
Enclosures: Regarding the above referenced matter, please find enclosed the
original of the annexation and zoning ordinance, and Exhibit "A" for the Development
Agreement.
Information: This ordinance has been approved by Public Works. The City
Council should not pass the ordinance until the Development Agreement has been signed
by the owner. Please also note that the ordinance has a blank in Section 5, which must be
filled in. I recommend that date be the date the City Council approves the signature of the
Mayor and the Clerk.
Requested Action: Submit the ordinance for consideration by the City
Council and at such time as the ordinance is approved fill in the appropriate date in Section
5 of the ordinance.
If you have any questions, please give me a call.
VeeFiggoray,
s,
. III
msg/Z:\Work\M\Meridian 15360M\Thousand Springs Village\CityClerk0rnMarchI0-WP1)
0
MERIDIAN CITY COUNCIL MEETING: APRIL 6 1999
APPLICANT: MARTIN DEVELOPMENT, INC. AGENDA ITEM NUMBER:
REQUEST: ANNEXATION AND ZONING ORDINANCE #818 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:
COMMENTS
SEE ATTACHED ORDINANCE W/MAP
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Yz cid ��
0
MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999
APPLICANT: MARTIN DEVELOPMENT AGENDA ITEM NUMBER:-Z--
REQUEST:
UMBER:2REQUEST: DEVELOPMENT AGREEMENT 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:
COMMENTS
SEE ATTACHED MINUTES FROM 4/6/99
zi- 2 Z -� `i
J,2,j C)IA
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public me in s shall become property cf the City of Meridian.
411q Caw &4�
0
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 12
4. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
VILLAGE SUBDIVISION:
Corrie: Shari, how does that — development agreement been done now?
Stiles: I believe the City Clerk would have that information whether it had been returned
signed.
Corrie: Has it been signed Mr. Clerk?
Berg: Mr. Mayor and members of the Council I do not have a signed development
agreement.
Gigray: Mr. Mayor and members of the Council, I spoke with members of the Clerk's
office earlier today. There is some question with regards to the parties that are
designated in the development agreement as to why they were included. Those are the
persons that were listed as the property owners according to the files and records that I
have. There's some indication that maybe one of them is no longer alive or whatever.
That may pose some proof of transfer of ownership or whatever, and I assume they are
in the process of trying to determine who the property owners are at this point. I did go
to Alliance Title to try to see if there was any new information, didn't find any, so I
believe the development agreement has been prepared properly at this point, but we'll
try to work with the developer to get this straightened out before the next council
meeting. If this has not been signed, and I would recommend that you not pass an
ordinance of annexation until the development agreement is signed, and I think that's
item number five.
Bentley: Mr. Mayor I move that we table the development agreement for Thousand
Springs Village Subdivision until the meeting on 4/20.
Bird: Second.
Corrie: Motion's been made and second that we table item number four of the
development agreement for Thousand Springs Village Subdivision until April 20th, 1999
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
5. TABLED 3/16/99: ORDINANCE #818 — ANNEXATION AND ZONING OF
THOUSAND SPRINGS VILLAGE SUBDIVISION:
Bentley: Mr. Mayor I move we table the annexation ordinance #818 for Thousand
Springs until 4/20/99.
Bird: Second.
0
•
MERIDIAN CITY COUNCIL MEETING: APRIL 6 1999
APPLICANT:
MARTIN DEVELOPMENT INC. AGENDA ITEM NUMBER:,
REQUEST: DEVELOPMENT AGREEMENT 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:
COMMENTS
SEE ATTACHED MINUTES FROM 3/16/99
- p&--
k1d
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Z//Z I^kwd /�Ick "t�
•0
Meridian City Council
March 16, 1999
Page 12
MOTION CARRIED: ALL YEAS.
Igo
7. TABLED FROM 3/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE
FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH
SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY HUBBLE — NW OF
EAGLE ROAD/1-84 INTERCHANGE, WEST OF TEXACO:
Corrie: This was tabled I believe we needed to have the City Clerk attest that the
Ordinance was in effect and published; is that correct?
Berg: Mr. Mayor yes it is. It's been published.
Corrie: Okay that having been done and attested to by the City Clerk any questions on
the conditional use permit for Midvalley Business Park? Hearing none, I'll entertain a
motion on the conditional use permit.
Anderson: Mr. Mayor I make a motion we approve the conditional use permit for the
24,560 square foot office building and equipment yard in the Midvalley Business Park
for Hubble Engineering.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the conditional
use permit on item number seven. Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, AYE. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
8. DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE
SUBDIVISION:
9. ORDINANCE #818 — ANNEXATION AND ZONING OF THOUSAND SPRINGS
VILLAGE SUBDIVISION:
Corrie: Shari, comments on the development agreement?
Stiles: Mr. Mayor and Council, I'm also unaware of that development agreement has
been signed by the applicant.
Corrie: Mr. Clerk, has that one been signed by the Thousand Springs Village
Subdivision?
Berg: Mr. Mayor, I do not have a signed copy of the development agreement by the
applicant.
Corrie: Mr. Gigray, any comments about this?
Gigray: Mr. Mayor and members of the Council, as you recall my advice on these
matters would be that you would withhold any action on passage of the ordinance until
" . I 1 00 00
Meridian City Council
March 16, 1999
Page 13
you get a signed development agreement because a condition of the annexation and
the zoning designation is the signing of the development agreement and I believe we
have prepared an ordinance for your consideration on this annexation and zoning
designation but I wouldn't recommend you pass that until you have a signed
development agreement.
Bentley: Mr. Mayor I would move we table items 8 and 9 for Thousand Springs
Development pending the signature of the development agreement.
Rountree: Second.
Corrie: Motion has been made by Mr. Bentley second by Mr. Rountree on items 8 and
9 to be tabled until April 6th meeting which entails the development agreement and also
the Ordinance #818. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
10. DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH
OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN
MILE):
11. ORDINANCE #819 —ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN
GOAD:
Corrie: Mr. Gigray, you have some comments on this one?
Gigray: Mr. Mayor my comments would the same as the last. I believe this also
involves an annexation and zoning ordinance in addition to a development agreement
and I would have to inquire as to the status of the development agreement.
Corrie: Mr. Clerk.
Berg: Mr. Mayor I do not have a signed development agreement.
Bentley: Mr. Mayor I move we table items number 10 and 11 for John Goade
development until we have the signed development agreement to 4/6.
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table items numbers 10
and 11, which is the development agreement and also the ordinance #819 until April 6th
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
12. APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION
TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS:
pv-20-99 15:53
1 CAIN P. AYLSWORTH
jou IF. KLEW FISCIIER
WM. F l7LI,RAr, III
D SAMUEL IUHNYIW
WII LUNI A. MI1111801Y
(:HR IST00 If 11 S. NYE
PHILIP A IIF.TER)UN
Savi*N L. PRUtiti
ERIC. S' RU?J'M'%N
TUU, A. ROSSMAN
R. STEPHEN RUTI INWRD
I'ERREN(;E R WHITE
WHTTr•, PETERSON, PRUSS, MORROW & GIVRAY, P.A.
ATTORNP.Y,S AT LAW
200 EAST CARL) ()N AVENUE, SUITE 3L
rOsr QFFICL BOX 1150
MEKIDIAN, IDAHO +IWO.l 1 i
TEL (208) 288.2499
VAX (208) 268,25111
DATE;: "! — _
FACSIMILE TRANSMITTAL
TO: 61.k
COMPANY. _
FAX #:
PHONE:..
RE:_.�=1f
NUMBER OF PAGES:�-�,
TTME:
P.01
hAMFA OFFICE
104 NINTH %VF..N%)E SOUTH
POST UFGICT BOX 347
NAMPA, ILIA110 836;3.0247
TEL 1)08) 466,9272
FAX (2081466-440)
PLEASE REFLY 1'0
MERLDLAN (,)rrl(:F.
FROM:
White, Peterson, Pruss, Morrow & Gig -ray
Meridian Office
PHONE: (208) 288-2499
(InCludin,�, cover Sheet
Confidentiality Note: "l'lle contents (It this transmlSsion drr illtt?nLI(Id Lea ue scull :inti USt-Ld
()n1%' bV tilt' indiVjdUill tO Wlu)Ili it is ,1L1L1Te.SSeLj. if Volt r(`C:ei�,'P this trailsnli5sion in error
pietist' call our office so That we may Orrange, to pick up the JOLL11111.11t . - r9 it t() tilt
o fice it was intended for, You may call 0011 ILt if 1011(')Jistancu: (208) 288-2 4999, Thank.,;.
APR 20 '99 15:16 PAGE.01
Apr -z0-99
NOW, THEREFORE, in consideration of the covenants and conditions set
fort.h Itercin, the parties agree as follows:
2. INCORPORATION OF IUCITALS: That the above recitals are
contractual and binding and are incorporatecl herein as if* set forth in
full.
I USES ''RMiT'rwBY-THISAGIU MENT:
3.1 Tho uses allowed pursuant to this Agreement are. Llwse uses
allowed uxidcr C I TY's Zoning Ordimance Low Density Resiidential
LIL--41 codified at. section 11-2-408 (l3) (3) Municipal Code of the
City of Meridian.
3.2 DEVELOPER agrees that this Agreememt specifically allows only
the uses and/or conditional uses described in the above referenced
'honing Ordinance on the date thereof and which uses arc
specifically incorporated herein.
3.3 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
4. CONDITIONS (TOVERNING DEVELOPMENT OI' SUH Eli!
PROPERTY:
4.1 DEVELOPER shall develop subject Property including die
obt.ainance of the appropriate permits and compliance with CCTY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conceit ions:
4. 1.1 That DEVELOPER, in accordance with iLs representations before
the CITY, shall, un the land described in Exhibit A, subdivide
19.427 acres into fifty-three (53) single family dwelling; lots and
`even (7) common lots.
4.1.2 This application is For aiuiexation and coning of two parcels
which abut t. each other and which are the subject. to the
application for annexation and zoriing and arc described in the
applicaOOII, and by this reference said descriptions are
incorporated herein as if set forth in full. Both parcels are owned
by Martin L.L.C. as scL forth in the Warranty Deeds prepared by
DEVELOPMENT AOREE.MF.NT PACTS
MARTTN DLVI7LnPMENT, INC'. I THOUSAND SPRINGS VILLAOF SUBDIVISION
APR 20 '99 15:16
PAGE. 02
P -Oz
Apr-ZO-99 15:53
Alliance Title and attached to the Iegals in Exhibit. "A". The legal
description for all of which is set forth in the legal description
which is contained on the "Artnexat ion Description for Farwest
Development (Village at 1000 Springs)" prepared by Michael E.
Marks, P.L.S. No. 4998 dated November 12, 1998. The two
parcels are approximately 21.54 acres in size. The property is
located North of E. Victory Road, West of S. Eagle Road,
Meridian, Idaho. The legal description for annexation included
in the application appears to describe the subject. site; however it
is not tied to recognized govcrnrnew corners as required by the.
State Tax Commission, Developer shall submit a revised legal
description that references the recognized government corners.
The legal description shall he 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. 1.58. The
legal description for annexation must place this parcel contiguous
to the Corporate City Limits per Ordinance No. 086.
4.2 Detailed site plans are to he prepared by l�cveluper for any
improvements upon the subject real property to be reviewed and
approved by the Planning and "Luning Commission and which
plans shall comply with the following:
4.2. I Anv existing irrigatiun/drainage ditches crussing the property to
be included in this project, shall be t iled per City Ordinance 11-9-
605.M. Plaits mll need to be approved by the approprial c
irrigat ion/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 dirches crossing this project.
4.2.2 Any e>dsting domestic wells and/or septic systems within this
project will have to be removed from their dwncstic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
4.23 Provide five -tout -wide sidewalks hi accordance with City
Ordinance Section I 1-9-606-B.
UI-YFLOPMENT AGREFIMENI. PAGE 4
MARTFN DINELOPMENI', INC. / THOUSAND SPRINGS VILLAUh; SUBDIVISION
APR 20 '99 15:1? PAGE.03
P - Oa'.
MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999
APPLICANT: MARTIN DEVELOPMENT, INC. AGENDA ITEM NUMBER:_8
REQUEST: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS SUBDIVISION
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:
COMMENTS
SEE ATTACHED AGREEMENT
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
445 CldW WX �
0
OFFICE COPY
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
]USTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIc S. RossMAN
TODD A. RossMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
William G. Berg, Jr., Citv Cleric
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX (208) 288-2501
Email via Internet C wfg@%vppmg.com
March 2, 1999
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
MIS 12 1999
Blit y Of Meridia m
Y Clerk Office
Re: THOUSAND SPRINGS VILLAGE SUBDIVISION SIGNATURES FOR
THE DEVELOPMENT AGREEMENT
Dear Will:
Please find attached hereto the Development Agreement for the above matter.
As a standard quality control measure to insure that development agreements
are properly authorized and signed, the City should obtain the signatures of the individuals
and husbands and wives, before placing the Development Agreement on the City Council
agenda. Therefore, after the signatures have been secured the Development Agreement will
be ready to be presented to the City Council for approval.
cc
msg'0:\Mv
If you have any questions please advise.
WFGi
s,
, III
Springs Village AZ\Clerk ltr on Dev Agmts .%vpd
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 Enar. / Martis
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.
�. �HULt ►'SUAU"'
199,E
__a. t9AHTH AVE." is a roved and shall a ear on the lat.
The above street name comments have been read and approved
agency
representatives of the ADA COUNTY STREET NAME COMMITEEALL of he y the following
must
be secured by the representative or his designee in order for the street names to be officially
approved.
ADA COUNTY STREET NAME COMMIE, AGE
DESIGNEES
Ada County Engineer
Ada Planning Association
City of(impt Mrd)
Fire District Meridian
John Priester�( i', ��
Ann Hurley 6cr"r, \
Representative
PRESENTATIVES OR
Representative
Date
Date
Date 4 — I ' 1 �
Date Z `C1 7
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at
the time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS
Meridian City Council
March 2, 1999
Page 7
already there the language if out parcel abutting Broadway Avenue is required to be
part of the final plat, so that would further qualify that condition and I have had an
opportunity to have that reviewed and I think that this language will make those
provisions just a little bit clearer in conditions as follow up and we would recommend
those conditions as they're shown and the Decision and Order we would make the
same changes if you choose to follow that advice.
Corrie: All right thank you. Staff any further comments on this item?
Stiles: Mr. Mayor and Council, I would just add on page 10 of the findings to change the
– on paragraph five that this is an R-15 zone.
Gigray: That's correct.
Corrie: Anything further? Any further discussion on item four? I'll entertain a motion to
approve Findings of Fact and Conclusions of Law with the change of language as
prepared by the attorney and Planning and Zoning Administrator.
Bentley: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of
Law and request for conditional use permit for Seabury Subdivision with the changes
made by Planning and Zoning Director and City Attorney.
Anderson: Second.
Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to approve the Findings
of Fact and Conclusions of Law as changed language. Any further discussion? Hearing
none, roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND
SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.—NORTH OF E.
VICTORY ROAD, WEST OF S. EAGLE ROAD:
Corrie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, as a result of the action taken by the
City Council at the last meeting, we've prepared these Findings for your consideration.
This is the annexation request that consists of two parcels and there are also
accompanying plat applications with this. But this is simply on the annexation and
zoning request. As you will see these Findings also include the Comprehensive Plan
analysis in addition to the requirements and conditions of annexation. Of course if you
take this action we will have to follow it up with a development agreement and
0
Meridian City Council
March 2, 1999
Page 8
ordinance of annexation and our usual recommendation on the annexation is that that is
held until the development agreement is signed.
Corrie: Any other staff comments?
Stiles: Mr. Mayor and Council I would just add on page 22 of the Findings, the first
paragraph 3.31 that direct lot or parcel access to Eagle Road is prohibited. Just add
Eagle Road between to and is.
Gigray: Oh is this an addition?
Bentley: It says to is prohibited. It should say to Eagle Road.
Corrie: Thank you Shari. Any further comments? Council? I'll entertain a motion on
the item number five, Findings of Fact and Conclusions of Law request for annexation
and zoning.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Decision and Order that will grant this annexation and zoning.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the Findings
of Fact and Conclusions of Law annexation and zoning and make the corrections. Any
further discussion?
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: ALL YEAS.
Corrie: Mr. Gigray have the development agreement and the ordinance for the
annexation then.
Gigray: Yes, those will be in process.
Corrie: Thank you.
6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE—SOUTH OF
TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE:
Corrie: Mr. Gigray.
I
LETTER SOF
BRIGGS ENGINEERING, Inc.
1800 West Overland Road • Boise, Idaho 83705
PHONE: (208) 3449700 • FAX NO: (208) 345-2950
TO & 7e d� Xel4 e,01,, rd
a'WE ARE SENDING YOU
❑ WE ARE RETURNING
,'*'*'EIVFD
a o g lssq
Merid
�lerkOfi,e
TRAtIS M ITTAL
�i � ?�
DATE ID NO.
JOB NAME /k JY�'++/d2r �✓6J i�<< L. -
JOB ADDRESS ri
CITY, STATE
❑
SHOP DRA WINGS
❑
CHANGE ORDER
❑
COPY OF LETTER
❑
PLANS
❑
ORIGINALS
❑
FINAL PLAT
❑
SPECIF/CA TIONS
❑
!�CWPU TER DISK
O THER
COPIES DATED ID NO. DESCRIPTION
DAW
THESE ARE TRANSMITTED AS CHECKED BELOW
❑
FAR APMYAL
❑
APPR0110 AS SUBMITTED
❑
❑
FOR YOUR /NF6 RMA770V
❑
APRROkO AS N070
❑
-A (X/ESIED
❑
RETURNED FAR CARRECAANS
RETURNED
❑
(j300
f OR REVEW AND COVMEW
❑
PRIG£
❑
FAR BIDS DUE
❑
REMARKS
City of ,tleridian
❑ ENCLOSED City Clerk Office
❑ UNDER SEPARATE COVER VIA
❑ FEDERAL EXPRESS
OURIER
RESUBMIT COPIES FOR APPROVAL
SUBMIT CWIES FAR DIVRIBU7/61N
RETURN CARRECRT PRINT5
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1999,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party
of the first part, hereinafter called the "CITY", and MARTIN DEVELOPMENT. LLC , a
Limited Liability Company, party of the second part, hereinafter called the "DEVELOPER",
whose address is 6236 E. Hunt Avenue, Nampa Idaho 83687.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when
land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, an application for annexation and zoning of that certain property described
in Exhibit "A" was submitted, requesting zoning of Low Density Residential District (R-4)
and the DEVELOPER has submitted a subdivision final plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or
rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been
approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted
and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1
1./
of Fact and Conclusions of
WHEREAS, the said City Council in the Findings Lnt
aw
annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
signs to
DEVELOPER agrees, and hereby binds his, its, or theme non-decannexation of cessors and the area,
this agreement, in consideration for the annexation, rezone, or
as follows:
orated herein as
I That the above recitals are contractual and binding anof be ale ed changed or
if set forth in full, and the terms of this agreement
modified without the express written consent of the CITY.
2.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Submit a subdivision plat application of the property to the CITY to be
and recorded in the Ada County Recorder" office
approved by the CITY
prior to any development.
b. That the property zoned R-4 , described in "Exhibit A", shall have lot
Eiaht Thousand ( 8.000) square feet, which is the
sizes of at least
size represented at the City hearings, and shall house size al
of FohurteenuHundred
of the R-4 zone including a minimum patio homes
(1,400) square feet, and have no duplex units, townhouses, or p
constructed on said property.
C. That there shall be no change to increase the number of lots or reduce the
size of lots as shown in the preliminary plat by the DEVELOPER and
approved by the City, which is incorporated herein as if set forth in full
herein.
ith the City
3, That DEVELOPER will file or cause to PbeanSileldnprovement Plans') showing
complete set oneer, a
f "Subdivision Improvement (
all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions
f
water lines to and along the exterior boundary of such property,
drainage, street and other similar signing and barricades, cimprovement Plans
improvements contemplated within the developmen ,City Engineer.
and all improvements shown thereon shall meet the
aand mproval ade of taepart hereof by
Said Improvement Plans are incorporated herein
reference.
That DEVELOPER will, at his or their own expense, construct and install all
4.
Page
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
0 0
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
DEVELOPER agrees that no Certificates of Occupancy will be issued for any
building or use on a lot until all improvements have been installed, completed and
accepted by the CITY for any phase.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylar copy of said Plans.
The Improvement Plans of the proposed improvements shall be "corrected" to
show the actual constructed location (both horizontally and vertically) of the
various water and sewer lines, all utility lines, and pressurized irrigation lines and
their individual building service lines, the curb and gutter alignment and grades,
etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct
8. That DEVELOPER shall, immediately upon the completion of each of the two
phases of said development, notify the City Engineer and request his inspection
and written acceptance of such completed improvements or portion thereof.
9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3
• 0
improvements, the DEVELOPER will pay to the CITY the actual costs paid or
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idahol�us five percent (5.0%) until paid, said payment to be
made in such manner and under such terms as the CITY shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding set forth in this paragraph except at a regular or special
meeting of the City Council, duly held, and unless the DEVELOPER has been
notified in writing of the time and place of such meeting at least three (3) days
prior thereto and has been given an opportunity to be present in person or by
counsel, and to be heard on the merits of the proposed Finding.
10. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such phase and/or shall have the
right to withhold the providing of culinary water service to any part, parcel, or
portion of such annexed area until such time as all requirements specified herein
have been complied with; provided, however, the DEVELOPER shall have the
right to appear before the City Council at any regular meeting after any Certificate
of Occupancy or any water service shall have been withheld for reasons set forth
in this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allowed, and its decision shall be final, except that the rights of the
parties are preserved at law and equity including, but not limited to, the right of
appeal to a court of appeal to a court of competent jurisdiction.
11. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
In the event of such declaration, all sums due shall bear interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
12. The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such, if
required by the CITY.
13. That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 4
r
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing.
14. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
15. That DEVELOPER agrees that those portions of the water main, as identified in
Exhibit `B" hereto, including any water line extensions, increased line size or
capacity, are required because of future service needs originating from properties
not owned by DEVELOPER and located within the vicinity of the subject
development. That sound planning requires construction thereof at the present
time in order to accommodate future expansion and development. In recognition
of the cost savings which can be accomplished by construction of such excess
capacity and/or improvements separately or at a later time, DEVELOPER agrees
to design and construct such facilities subject to the CITY's agreement to enter
into a late comers agreement to reimburse DEVELOPER for a portion of the costs
of such excess capacity. DEVELOPER agrees to obtain three independent bona
fide bids for the performance of such work from qualified and responsible
contractors and shall deliver copies of such bids to the CITY prior to the
commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and specific identification of that portion of the
construction work for which the CITY may possibly agree to enter into a late
comers agreement. The CITY's obligation to enter into a late comers agreement
to help DEVELOPER to pay for such costs shall be limited to the lowest of such
bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER
to perform the work.
16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 5
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
200 E. Carlton Ave., Ste. 100
Meridian, ID 83642
With copy to:
William Gigray
City Attorney
33 East Idaho
Meridian, Idaho 83642
DEVELOPER:
Martin Development, L.L.C.
6236 E. Hunt Avenue
Nampa Idaho 83687
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the act
of any of the parties hereto. Nothing herein is intended, nor shall it be construed,
as obligating a party to agree to any modification of this Agreement.
18. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
20. This Agreement shall become valid and binding only upon its approval by the
City Council and execution of the Mayor and City Clerk.
21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de -annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 6
0 M
DATED the date, month and year first appearing.
DEVELOPER:
LIM
Elaine Martin, Managing Member
CITY OF MERIDIAN:
Uz
Robert D. Corrie, Mayor
William G. Berg, Jr., City Clerk
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 7
0
STATE OF IDAHO )
County of Ada)
ss.
•
On this day of , 1999, before me, the undersigned, a Notary Public
in and for said State, personally appeared Elaine Martin , known, or proved to me, to
be the President and Secretary of said corporation that executed this instrument and the persons
who executed the said instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
�*l
County of Ada)
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 1999, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR..,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
981007\devel-agr
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 8
9
•
EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MARTIN DEVELOPMENT, L.L.C.
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:
Commencing at the southeast corner of Section 20, T.3N., R1 E., B.M., thence
N 00000"18" W 779.44 feet along the east line of the SE % of the SE % to the REAL POINT OF
BEGINNING of the description;
Thence N 89°47'41" W 808.57 feet to a point;
Thence S 00°11'31" W 400.91 feet to a point;
Thence N 70009'32" W 193.14 feet to a point;
Thence N 69030'47" W 138.63 feet to a point;
Thence S 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 corner of the SE % of the SE'/<;
Thence S 89°50'56" E 1336.61 feet to the northeast corner of the SE % of the SE
Thence S 0000018" E 570.60 feet along the east line of the SE % of the SE % of the REAL POINT OF
BEGINNING of this description.
EXHIBIT "A" 981007 Page 1 of I
THOUSAND SPRINGS VILLAGE SUBDIVISION
DEVELOPMENT AGREEMENT
•
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MARTIN DEVELOPMENT, L.L.C.
This subdivision is for 53 Single -Family dwelling units with an overall density of 2.73 dwelling
units per acre. The DEVELOPER shall:
1. DEVELOPER shall develop the property described in Exhibit "A" as a 327 lot Single
Family Residential Development pursuant to § 11-9-607 of the Meridian Zoning and
Department Ordinance.
2. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereinafter "ACHD"), Central District Health
Department and the Nampa -Meridian Irrigation District.
3. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to the Preliminary Plat
Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following:
a. Landscaping=Eagle Road. Construct a landscape strip within the Subject
Property along the full length of Lot 1, Block 1 and Lot 1, Block 2 adjacent to the
west right-of-way line of Eagle Road ("Eagle Road Landscaping"). The Eagle
Road Landscaping shall be a minimum of thirty feet (30') in width beyond
required ACHD right-of-way. The Eagle Road Landscaping will be landscaped
and sprinkler irrigated in accordance with a landscape plan to be submitted by
DEVELOPER and approved by the CITY.
b. Sidewalk — Eagle Road. Prior to obtaining a building permit on the Subject
Property, deposit funds with the Ada County Highway District for construction of
a five-foot (5') concrete sidewalk or construct along the full length of the Subject
Property adjacent to the east boundary of the Subject Property ("Eagle Road").
The Eagle Road Sidewalk shall be constructed in accordance with the standards
and specifications of the Ada County Highway District (hereafter "ACHD") in
effect at the time of construction.
C. Dedication/Sale of Additional Riaht-of-Way — Eagle Road. Dedicate or sell land
adjacent to the existing west right-of-way line of Eagle Road required to meet
ACHD's specification for a forty -eight -foot (48') right-of-way from the centerline
of Eagle Road, including any necessary bike lanes.
d. Internal Roads. Construct the internal roads through the Subject Property as
EXHIBIT "B" 981007 Page 1 of 4
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
shown on the final plat at the time of development of the Subject Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved by Ada County Highway District.
e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
£ Plan Approvals. Timely submit and obtain the required approval by the City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of the Subject Property in accordance with the Meridian City
Ordinances.
g. Compliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACHD Staff
Report. A master drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which are more
restrictive shall take precedence.
h. Canals Ditches and Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users.
Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of Meridian.
All water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be first approved by the CITY.
Landscaping — General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. All shrubs and trees planted on the Subject Property will comply with the
CITY's landscape requirements, unless otherwise expressly approved by the
CITY.
4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of
adjacent properties, as determined by the CITY, will be permitted.
5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be
perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the
DEVELOPER or the Thousand Springs Village Home Owner's Association.
6. Pressurized Irri ag tion. Provide pressurized irrigation to all lots within this subdivision.
EXHIBIT "B" 981007 Page 2 of 4
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
Evidence of approvals from appropriate irrigation District/canal Company and
downstream water users must be submitted to the City.
7. Fencin . Perimeter fencing (required prior to obtaining building permits). The fence
shall be (5'6") in height and shall be permanent and constructed of non-combustible
materials. Applicant shall install either three or four foot 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.
8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet all Ordinances of the CITY.
9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for
extension of the Nine -Mile Sewer Trunk line east through Thousand Springs from the
stub street in Los Alamitos Subdivision to the subject property.
10. Pressure Booster Station. The applicant will be responsible for design and construction
of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal
in conjunction with the developer of Thousand Springs Subdivision.
11. One Story Lots. Lots 16 & 17, Block 3 Thousand Springs Village Subdivision along the
south boundary shall be single story homes. The (2) lots adjoining the south boundary
shall be designated as single story on the final plat.
12. Public Street Requirements. The developer shall construct public streets with 50 -foot
right-of-ways, 36 -foot street sections and offset 5 -foot sidewalks. The sidewalks shall be
offset (4') four feet from back of curb. The (4') four -foot area shall be landscaped
(irrigation, turf and trees) by the developer and maintained by each lot owner as
designated in the Protective Covenants.
13. Setbacks and Lot Pins. The front setbacks shall be 20 -feet from the back of
sidewalk (22 -feet from right-of-way). Offset pins and reference markers shall be used for
front lot pins. No pins will be placed under the sidewalk.
14. McDonald Lateral. The applicant shall create a separate common lot for the McDonald
Lateral and its applicable easement of 21 feet north of centerline. The applicant shall
submit construction plans for piping the facility and obtain written approval from the
Boise Project Board of Control.
15. Pedestrian Pathway. The applicant shall construct a pedestrian pathway (10' in width)
within the 20 -foot common lot for pedestrian linkage to Thousand Springs Subdivision.
EXHIBIT "B" 981007 Page 3 of 4
THOUSAND SPRINGS VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
i
MERIDIAN CITY COUNCIL MEETING: MARCH 2,199
APPLICANT: MARTIN DEVELOPMENT AGENDA ITEM NUMBER: 5
REQUEST: ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99
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:
I
SEE ATTACHED FINDINGS Y CC Ot V—
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 22
Bentley: Mr. Mayor, I move we approve the preliminary plat subject to staff conditions.
Corrie: Do I hear a second?
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to accept the preliminary
plat for Seabury Subdivision by West Pine Development subject to conditions of staff
comments. Any further discussion?
Rountree: Mr. Mayor I would request if Councilman Bentley would consider a condition
on that approval that the developer investigate and/or resolve the irrigation issue both
downstream and through this parcel and they assist in identifying what problems may
be upstream to get the irrigation water to this property. What I don't think we want nor
do I think they want is another Don Bryant situation where on a wet year your 4-plexes
are in a foot of water that nobody knows where it came from or where it's going to go to
and I think it's really important that we pay attention to this irrigation issue.
Bentley: I would agree to that.
Corrie: Okay. Does the second agree to it?
Anderson: Second agrees to it.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor I would understand as we would prepare an order of conditional
approval of the preliminary plat that the same conditions that were enunciated in the
previous action in item seven we would make sure that this order was consistent with
those because there are a lot of the same conditions apply in both instances with your
permission.
Bentley: Yes, that was my intent.
Corrie: Amended motion by Mr. Bentley and second approval by Mr. Anderson. Any
further discussion? Hearing none, all those in favor of the amended motion say aye.
MOTION CARRIED: ALL AYES.
9. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 21.54
ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN
w
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999.
PAGE 23
DEVELOPMENT INC.—NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE
ROAD:
Corrie: At this time I will open the public hearing and invite the staff to comment.
Stiles: Mr. Mayor and Council I brought the wrong file, so I'm not sure what date our
comments were. This is a project that's about a quarter mile north of Victory on Eagle
Road. The owner of it was Mr. Gordon Harris if you might remember, he's tried several
times to develop this property and now has the opportunity to have it developed. I don't
believe we had any issues outstanding on this project. The Public Works Department is
requiring a booster station to be built as part of this development to increase the flows in
the pressures in that area. And they have agreed to do that. It's a fairly straight forward
project. Ada County Highway District has requested that a stub be provided into the
existing home which Mr. Harris resides so that possible future development may take
place on that remaining parcel. They are going to continue their 50 foot wide right-of-
way and we did have initial comments saying that the 57 foot right-of-way would be
preferred but we have since agreed that we would prefer to have the 4 foot planting strip
separating the sidewalk from the roadway rather than insist on the 57 foot right-of-way.
Corrie: Is there anyone from the public who would like to issue testimony in favor of this
item number 9 request for annexation of Thousand Springs Village.
BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND, BOISE
Bowcutt: The project we bring before you is an annexation on 21.5418 acres. I'd like to
mention for the record that it does include Mr. Harris' home parcel which is about two
and a half acres. In our preliminary discussions with staff prior to submittal they thought
it would be wise to include that in the annexation so we didn't end up with an enclave at
a later date where the city had to go and then force them to annex. However within the
preliminary plat that parcel is not included. It's a separate parcel under the Assessor's
records and therefore it is a legal parcel. You probably saw a five acre subdivision
come in under county referral on this property a year or so ago. After the Thousand
Springs development was approved then this was purchased by a relative of Mr.
Goldsmith's and they decided to incorporate it into the development. As you recall we
provided two stub streets to this property. One here and here. We are extending those
in and making that connection. We also took this cul-de-sac and brought a stub street
at this location. However when we started to lay this development out, it became
obvious that these two stub street connections were too close to make that intersection
work. Therefore we requested the highway district and the city discontinue this street
connection down here and instead we included a micropath connection. The highway
district did support that and so did your staff. One thing that did is this would have been
a really long street that somebody could get a pretty high excessive speeds on and it
just doesn't make a lot of sense because we've got good interconnection with these two
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MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 24
stub streets here. This is the Bell property. We provided a stub street to that parcel so
that it may redevelop in the future. We'll be extending the sewer and water through the
Thousand Springs development into the Village. All of these lots exceed 8,000 square
feet. A majority of them run between 9200 and 10,000 square feet on the average. We
provided 40 feet of landscaping on Eagle Road which is consistent with Thousand
Spring. We have asked Mr. Harris if he will go ahead and dedicate additional right-of-
way so we can take our sidewalk along the frontage and have a continuous section of
sidewalk without a break. He did agree to sell that to the highway district and we did
agree that the highway district to construct that sidewalk so we won't have a break in
the sidewalk. We'll tie all that landscaping in as far as similar theme. The development
has the McDonald Lateral that runs, it comes across like this and then it dips down,
terminates here, goes into a pipe and overflows into the Ridenbaugh Canal. We will be
required to pipe this section of the McDonald lateral. I did submit plans to Boise Project
Board of Control and ask for information from them. They have asked for a 24 inch
pipe. They've asked for us to maintain their access road and to coordinate with the
neighbors because there are three property owners that adjoins us that have their
pumps in that lateral at this time. We have sent a survey crew to locate their pumps.
We'll be constructing boxes that's acceptable to them as far as location and size along
that McDonald Lateral so that they will have shared access to their water. The Planning
and Zoning Commission asked us to at one time we showed this as just an easement.
The Planning and Zoning Commission asked us to put that in a separate lot that was
attached to this common lot here. We did modify our preliminary plat to do so. That will
protect the lateral. We wont' have any problems with any encroachment from the
neighbors or any disputes in the future. The district said that they'll have to drive back
in here for any maintenance that may take place along that pipe so that roadway will be
maintained. We did have some neighbors that had comments and concerns at the
Planning and Zoning Commission. We asked the commission to please approve us and
give us the opportunity to meet with those residents to come up with some solutions to
their concerns. The Planning and Zoning Commission did allow us that privilege. We
met with Bonnie Glick who owns the property here. Let me flip this here. She owns the
property right here. You can see here house sits real far back. This is Bernetta
Hastings. She sold this little portion here to Martin Development. We did not meet with
her, but we met with Rex Young who lives here and he had concerns. One Rex wanted
to see the roadway maintained or left in place for that access to the ditch. We have
agreed to that. We agreed that we will coordinate the location of that pipe, their boxes.
Secondly Bonnie Glick asked because her house sits so far back that 17 and lot 16 be
designated as a single story lots. The developer has agreed to that in the development
agreement that was submitted to your staff. I think Mr. Gigray has a copy of it. These
two lots are designated as single story lots. We went back there observed her house.
She does have a nice view. She does not have any trees or obstructions that gives
here a view and that would just kind of help her view out. Rex's one problem was the
fact that his property is about six feet higher than our parcel and when we install a
perimeter fencing, that that fence would be lower than his property. So we walked out
• 0
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 25
there in the rear and what we're going to do is we'll feather out from the access road
we'll go ahead an add some fill and feather it out to the north so the fence will sit on the
far side of the access roadway for the McDonald Lateral. So the fence will sit higher
and then the lot will be down and that was one of the compromises that we came up
with. Mr. Young's property the rear of his, he abuts us just right from here over. He has
an extensive forest in his rear yard that I believe gives him his privacy, but this fence will
add to it, so as far as his view I told him I don't think you can see through those trees
because I couldn't see an inch of your house on the other side. Mrs. Glick I also want to
put on the record will be matching the fence along here in Thousand Springs 1 across
the back. It will be some type of a capped six foot wood type fence. She did not want
dog eared with some type of a white wash on it so it doesn't discolor as bad, so I think
we've worked out the majority of our problems. This is a good project. There's
approximately 53 buildable lots. Our density is about 2.7 dwellings per acre. The
developable part of the project is approximately 19.4 acres. We got a pocket park here.
It's about 25,500 square feet. That's going to be used as storm drainage and a pocket
park. One of the things that we looked at is this is by far the lowest point on the
property. We believe we can get the storm drainage to come to this location. We're
going to try to minimize the amount of depression so that it is a usable grass area, not
just a hole in the ground. We also have the micropath area here that we could —that will
be grass with just a five foot or ten foot excuse me ten foot path according to ACHD
requirements and we're going to attempt it was one of staff's questions. We've got a
ditch that we're piping here that takes some drainage off of some of these other parcels,
and we're going to try to create an overflow there so that our pond does not have to be
so deep that it can just be a mild depression. When we get into design we'll get working
on that and see what we can do. One of the prime things that we've been working on is
try to make these usable areas that they function storm drainage but yet they're usable
and aesthetically pleasing. One thing I do want on the record, I've got this little sliver
here as you can see this particular lot five was met your standards for frontage
exceeded your 8,000 square feet. However it was quite narrow and deep. I want to
add this excess to this particular lot here so this lot 6 shown on the preliminary plat
would go with this lot within Thousand Springs No. Phase 3 so I do want that on the
record just to make it bigger because it's excess and they'll just have to do a quitclaim
deed for that small portion. Do you have any questions?
Rountree: Are you still proposing the same type of use for the lot in the northeast
corner on Eagle?
Bowcutt: Where? Up there?
Rountree: Yeah. Thousand Springs.
Bowcutt: That's the fire station lot. That's the well lot. Yes, sir. That's in phase in one
of Thousand Springs. These are the phase lines. Phase one, two, three is coming
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MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 26
before you and four will be designed by the end of the month. And we will — oh I also
want to go on the record that we'll be constructing a pressure booster station here. This
project in conjunction with the developer of Thousand Springs to boost that pressure
because this property sits at a higher elevation and your existing well is over on Locust
Grove. Staff and our engineering team agreed that phase two of Thousand Springs
would be the appropriate time to bring that on line. I'm currently waiting on your staff to
provide me with a detail because no one has ever built one so we don't know what it
looks like. Or what it costs yet either. It may not be a real good idea.
Corrie: Any other questions of Becky?
Bowcutt: Oh, please incorporate my testimony into item 10.
Corrie: It will be done. Anyone else from the public who would like to issue testimony in
favor of this annexation and zoning. Hearing none, anybody who would like to enter
testimony against item number nine? Okay. Comments from staff on what you're heard
so for? Comments questions from Council? Okay, I'll entertain a motion to close the
public hearing on item number nine.
Rountree: Mr. Mayor I move that we close the public hearing on item nine for Thousand
Springs Village.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close the public
hearing on item number 9. Any further discussion? Hearing none, all those in favor of
the motion say aye .
MOTION CARRIED: ALL AYES.
Corrie: Any further discussion on request for annexation and zoning. I might add in
your comments going for the Findings of Fact and Conclusions of Law you might put in
there to have the attorney draw up the draft for the development agreement which is
item 1.18 of the Council's recommendation from Planning and Zoning and get it all done
in one time.
Rountree: Mr. Mayor I move that we direct the City Attorney to prepare Findings of Fact
and Conclusions of Law and Order of Decision for the request for annexation and
zoning for Thousand Springs Village and to pursue the initiation and completion of a
development agreement for said project.
Bentley: Second.
0 0
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.
•
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WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. E GICRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. RossMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
William G. Berg, Jr.
City Cleric
33 East Idaho Street
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288-2501
Email via Internet @ wfg@wppmg.com
February 25, 1998
Re: THOUSAND SPRINGS VILLAGE AZ REQUEST -
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
REOEIVED
FEB
25 1999
City of Meridian
City Clerk Office
Regarding the above referenced matter, please find enclosed a copy of the
Findings of Fact and Conclusions of Law and Decision and Order Granting Application
for Annexation and Zoning for approval and signature by the Mayor and Council.
Please serve a copy of the Findings, along with the Notice of Final Action, an extra copy
is enclosed for your convenience, 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.
Very truly ours,
/MW�m."
F. 4Gigray
Enclosure
msg/D:\MyFiles\Meridian City File\Thousand Springs Village AZ\Clerk ltr.wpd
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF MARTIN DEVELOPMENT, INC., NORTH )
OF E. VICTORY ROAD, WEST OF S. EAGLE )
ROAD, APPLICATION FOR ZONING OF 21.54)
ACRES FOR THOUSAND SPRINGS VILLAGE)
MERIDIAN, IDAHO )
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public
hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been
received from Shari Stiles, Planning and Zoning Administrator, the Applicant, Becky Bowcutt
of Briggs Engineering, Inc., having appeared and testified, and no one having testified in
opposition and the City Council having received the record and "Recommendation to City
Council" of the Planning and Zoning Commission in this matter and having duly considered
the evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for February
16, 1999, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred (300') feet of
the external boundaries of the property under consideration more than fifteen (15) days prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
to said hearing and with the notice of public hearing having been posted upon the property
under consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February 16, 1999, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code
of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary.
4. There are two parcels which abutt each other and which are the subject to the
application for annexation and zoning and are described in the application, and by this
reference said descriptions are incorporated herein as if set forth in full. One parcel is
owned by Reo L. Hastings, and the other by Reo L. Hastings and Vernetta Hastings,
husband and wife, and the other parcel owned by Howard M. Andreasen and Gordon M.
Harris and Mary A. Harris, husband and wife, the legal description for all of which is set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0 0
in the legal description which is contained on the "Annexation Description for Farwest
Development (Village at 100 Springs)" prepared by Michael E. Marks, P.L.S. No. 4998
dated November 12, 1998. The two parcels are approximately 21.54 acres in size. The
property is located North of E. Victory Road, West of S. Eagle Road, Meridian, Idaho.
5. The Applicant's duly authorized representative in these proceedings is Martin
Development, Inc., of 6236 East Hunt Avenue, Nampa, Idaho, and has filed a written
request for annexation and zoning.
6. The property is presently zoned by Ada County as Rural Transition (RT) and
consists of vacant, undeveloped agricultural land and an existing dwelling with
accompanying farm.
7. The Applicant requests the property be zoned (R-4), Low Density Residential.
8. The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9. The proposed site of the subject property is north of East Victory Road and
West of South Eagle Road and contains an existing dwelling and farm located at the
northeast corner of the site abutting Eagle Road.
10. The city limits of the City of Meridian are adjacent and abut to the north and
west sides of the subject real property.
11. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
C]
•
13. 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.
14. 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.
15. There are no significant or scenic features of major importance that affect the
consideration of this application.
16. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
17. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed:
17.1 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.
17.2 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0 0
17.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1
1-9-606.6.
17.4 Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
17.5 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
17.6 Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
17.7 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 of the annexation.
17.8 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.
17.9 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.
17.10 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0 0
Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall
coordinate the design and location with the Public Works Department.
17.11 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.
17.12 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.
17.13 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.
17.14 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.
17.15 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. The pedestrian
walkway needs to be paved and landscaped in accordance with City
Ordinance.
17.16 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.
17.17 A detailed landscape plan for the common areas, including fencing locations
and types of construction, shall be submitted for review and approval with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0 9
submittal of the final plat map. A letter of credit or cash surety will be required
for the improvements prior to signature on the final plat.
17.18 A development agreement is required for this project, as a condition of
annexation of the property.
17.19 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.
17.20 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. 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.
17.21 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.
17.22 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.
17.23 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0
17.24 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.
17.25 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.
17.26 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.
17.27 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.
17.28 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.
17.29 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.
17.30 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.
17.31 Construct an ACHD approved turnaround at the end of Goldbug Court.
Submit a design of the turnaround for review and approval by District Staff.
17.32 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.
17.33 The City should have another water supply in the subject area prior to
approval of any projects.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
•
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18. It is found that if the developer pays for the requested improvements and
complies with the conditions set forth in these findings of fact no. 17, and all subparts, the
economic welfare of the City and its residents and tax and rate payers will be protected,
which requirement shall be included in a development agreement, a condition of
annexation and zoning designation.
19. The development of the property as (R-4) Low Density Residential District,
as requested by the applicant, will be compatible to the development in the
surrounding area subject to the conditions of development herein found to be
reasonable in relation to the requested zone (R-4) Low Density Residential District
and is in accordance with the adoptive Comprehensive Plan of the City of Meridian.
20. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
21. There are no major or scenic features of major importance that affect the
consideration of this application.
22. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
follows:
22.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the subject
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
22.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
22.3 The expansion of commercial development is facilitated by the granting of this
application subject to the conditions herein set forth.
22.4 The application is consistent with Meridian's self identity.
22.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
22.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a self-
sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the subject
application.
22.7 Compliance with the requests of the Political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are balanced
to insure that revenues pay for services and that the Urban Service
Planning Area is visually attractive, efficiently managed and clearly
identifiable.
22.8 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and the
Zoning ordinances of the City to the subject application.
23. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
•
CONCLUSIONS OF LAW
1 . The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by Idaho
Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417
provides the City may annex real property that is within the Meridian Urban Service
Planning Area as set forth in the City's Comprehensive Plan.
2. The Commission may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho
Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21,
1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
1. The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
1.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area -specific policies and programs.
1.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0
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provision of services and the distribution of new housing units
within the Urban Service Planning Area.
1.3 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
1.4 To provide housing opportunities for all economic groups within
the community.
1.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
1.6 To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
1.7 To provide community services to fit existing and projected
needs.
1.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
1.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
1.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
3. Under TRANSPORTATION, Page 43
Existing Conditions
a. Eagle Road north of Overland Road is designated as a
principal arterial.
4. Under COMMUNITY DESIGN, at Page 71
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
Special Community Design Areas Goal Statement
2.1 U Require businesses and government to install and
maintain landscaping.
2.2U Encourage area beautification through uniform sign
design that enhances the community.
2.3U Encourage the beautification of streets, parking lots,
public lands, and state highways.
2.5U Encourage the use of attractive open space,
landscaping, lighting, and street furniture for the benefit of the
public.
Quality of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially in
areas of prominent visibility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
! 0
5. The requested zoning of Low Density Residential District, (R-4) is defined
in the Zoning Ordinance at 11-2-408 B. 3. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4) District is
to permit the establishment of low density single-family dwellings, and to delineate
those areas where predominately residential development has, or is likely to occur
in accord with the Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible non-residential uses.
The (R-4) District allows for a maximum of four (4) dwelling units per acre and
requires connection to the Municipal Water and Sewer systems of the City of
Meridian.
6. That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and
provides as follows:
Each such ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision.
7. That pursuant to the authority of the Idaho State Legislature, the City may
impose either a development fee or a transfer fee on residential property, which, if
possible, would be retroactive and apply to all lots in the City, because of the imperilment
to the health, welfare, and safety of the citizens of the City of Meridian.
8. That Section 11-9-605 G 1. states as follows:
Planting strips shall be required to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the normal street right of way or utility easement.
9. That Section 11-9-605 L states, in part, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing, or lying adjacent and contiguous, or which canals, ditches or laterals
touch either or both sides of the area being subdivided, shall be covered and
enclosed with tiling or other covering equivalent in ability to detour access to said
ditch, lateral or canal.
10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows:
The City's policy is to encourage developers of land development and construction
projects to utilize the provisions of this Section to achieve the following:
1. A development pattern in accord with the goals, objectives and
policies of the Comprehensive Plan ....;
5. A more convenient pattern of commercial, residential and industrial
uses as well as public services which support such uses.
11. Since the annexation and zoning of land is a Legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
12. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616
which pertains to development time schedules and requirements; Section 11-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to
pressurized irrigation systems.
13. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
14. Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
0 0
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If
a commitment is required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
15. As a condition of annexation and the zoning of (R-4) Low Density
Residential, the Applicant may be required to enter into a development agreement as
authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the
subject of this application, prior to the passage of an annexation and ordinance of zoning
designation; that the Applicant enter into a development agreement for the development
of the subject property, condition of annexation, a condition of zoning (R-4) Low Density
Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the
City of Meridian. As an alternative to entering into a development agreement Applicant
may be required to submit detailed site plans for review by the Planning and Zoning
Commission or City Council for approval.
16. Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
16.1 If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If
a commitment is required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the
owner of the parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. This application is for annexation and zoning of two parcels which abutt
each other and which are the subject to the application for annexation and zoning and are
described in the application, and by this reference said descriptions are incorporated
herein as if set forth in full. One parcel is owned by Reo L. Hastings, and the other by
Reo L. Hastings and Vernetta Hastings, husband and wife, and the other parcel owned by
Howard M. Andreasen and Gordon M. Harris and Mary A. Harris, husband and wife, the
legal description for all of which is set forth in the legal description which is contained on
the "Annexation Description for Farwest Development (Village at 100 Springs)" prepared
by Michael E. Marks, P.L.S. No. 4998 dated November 12, 1998. The two parcels are
approximately 21.54 acres in size. The property is located North of E. Victory Road,
West of S. Eagle Road, Meridian, Idaho. The legal description for annexation included in
the application appears to describe the subject site; however it is not tied to recognized
government corners as required by the State Tax Commission. Applicant shall submit a
revised legal description that references the recognized government corners. 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 Corporate
City Limits per Ordinance No. 686.
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 of the annexation.
2. That the City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the annexation and zoning designation. (R-4) Low Density
Residential District Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
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3. Detailed site plans are to be prepared by the applicant for any improvements
upon the subject real property to be reviewed and approved by the Planning and Zoning
Commission and which plans shall comply with the following:
3.1 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.
3.2 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.
3.3 Provide five -foot -wide sidewalks in accordance with City Ordinance Section
1 1-9-606.B.
3.4 Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
3.5 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
3.6 Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
3.7 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.
3.8 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. Sewer manholes are to be
provided to keep the sewer lines on the south and west sides of the
centerline.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
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3.9 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.
3.10 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.
3.11 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.
3.12 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.
3.13 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.
3.14 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
3.15 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.
3.16 A detailed landscape plan forthe 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.
3.17 A development agreement is required for this project, as a condition of
annexation of the property.
3.18 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.
3.19 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.
3.20 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.
3.21 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
minimum 100 -square foot area and dedicate sufficient right-of-way to
include the required improvements.
3.22 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.
3.23 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.
3.24 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.
3.25 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.
3.26 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.
3.27 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.
3.28 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.
3.29 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.
3.30 Construct an ACHD approved turnaround at the end of Goldbug Court.
Submit a design of the turnaround for review and approval by District Staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
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3.31 Other than the access pointsCST
ecifically approved with this application,
direct lot or parcel access to prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
3.32 The City should have another water supply in the subject area prior to
approval of any projects.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
i
NOTICE OF FINAL ACTION
0
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held February 16, 1999.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN GLENN BENTLEY VOTED
?��_
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:_J;�__ _ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23 RECEIVED
AND DECISION AND ORDER GRANTING APPLICATION MAR 2 19 i
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE CM Of NEAHW
MARTIN DEVELOPMENT, INC.
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By' - Dated:
City Clerk
msg\D:\MyFiles\Meridian City File\Thousand Springs Village AZ\AZ.FCS.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / THOUSAND SPRINGS VILLAGE
MARTIN DEVELOPMENT, INC.
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16, 1999
APPLICANT: MARTIN DEVELOPMENT ITEM NUMBER: 9
REQUEST: ANNEXATION & ZONING OF THOUSAND SPRINGS VILLAGE
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM P & Z 1/12/99
SEE ATTACHED LETTER FROM JON & BONNIE
GLICK
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY: SEE ATTACHED RECOMMENDATION FROM
P&Z
CITY POLICE DEPT: REVIEWED
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
CITY WATER DEPT: SEE ATTACHED COMMENTS
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: j�/
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:/avrvj 1
INTERMOUNTAIN GAS: ti� l
BUREAU OF RECLAMATION:
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 biggest concern regarding this development continues to be lack of
interest by the city of Meridian to consider the issue of transitional densities
when developing out in these rural residential areas. Those of us who abut
this development have 2.2 - 5 acre lots. It is quite abrupt and not
"transitional" to abut our properties with R4 development. It will lessen the
rural appeal of our properties and change our lifestyles. We have asked the
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 arises. 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.
Thant
Ll
0
PLANNING AND &ING COMMISSION
JANUARY 12, 1999
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&6: 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 ONING COMMISSION
JANUARY 12, 1999
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 AND ONING COMMISSION
JANUARY 12, 1999
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 DING COMMISSION
JANUARY 12, 199"
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
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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
ACHD. 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.
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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.
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.
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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 AND IbNNING COMMISSION
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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.
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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.
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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.
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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?
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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
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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
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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?
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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
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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
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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
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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.
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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
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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-
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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
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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
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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.
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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.
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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.
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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 Lateral is 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?
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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?
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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:.) 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?
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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.
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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.
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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 ANDONING COMMISSION
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 AND IDNING 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 AND =LNIING COMMISSION
JANUARY 12, 19
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 AND ONING 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 AND ONING COMMISSION 0
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.
0
•
MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999
APPLICANT: MARTIN DEVELOPMENT INC ITEM NUMBER: 5
REQUEST: ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED 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:
►I �i1�7I�I/snll���lt�l;�;�[�
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED CO v
TS` )
0& UAv
� 1
OTHER: SEE ATTACHED LETTER FROM JON AND BONNIE GLICK
All Materials presented at public meetings shall become property of the City of Meridian.
40 3 zwq
0 HUB OF TREASURE VALLEY 40
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
11 JAN 0 7 1999
MEMORANDUM: City of Meridian
City Clerk Office
To: Planning & Zoning Commission, Mayor & Council
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 Annexation and Zoning to R-4 of 21.5418 Acres with a Preliminary
Plat for 53 Single-family Lots — Proposed THOUSAND SPRINGS VILLAGE
SUBDIVISION by Martin Development, Inc.
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS
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. 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&Z
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
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 Vd1W.PP
Mayor, Council and P&Z
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 Village.PP
0 0
BEFORE THE PLANNING AND ZONING COMMISSI(
IN THE MATTER OF THE REQUEST )
FOR ANNEXATION AND ZONING FOR )
THOUSAND SPRINGS VILLAGE BY )
MARTIN DEVELOPMENT INC. - NORTH)
OF E. VICTORY ROAD, WEST OF S. )
EAGLE ROAD )
INTRODUCTION
RECEIVED
FEB 1 1 1999
City of Meridian
City Clerk Office
RECOMMENDATION TO
CITY COUNCIL
1. The property is approximately 21.5418 acres in size consisting of a
19.42 agricultural parcel and an existing dwelling and farm with approximately 2
acres. The property is 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 vacant, undeveloped agricultural land and an existing dwelling
with accompanying farm.
5. The Applicant requests the property be zoned (R-4), Low Density
Residential.
RECOMMENDATION TO CITY COUNCIL - 1
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
•
E
6. The Applicant requested the annexation and zoning and the application
was not initiated at the request of the City of Meridian.
7. The proposed site of the subject property is north of East Victory Road
and west of South Eagle Road and contains an existing dwelling and farm located at
the northeast corner of the site abutting Eagle Road.
8. The city limits of the City of Meridian are adjacent and abut to the
north and west sides of the subject property.
9. 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
RECOMMENDATION TO CITY COUNCIL - 2
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
0 0
affect the consideration of this application.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the annexation and
zoning as requested by the Applicant for the property described in the application,
subject to the following:
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.
RECOMMENDATION TO CITY COUNCIL - 3
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
0 0
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.
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 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.
RECOMMENDATION TO CITY COUNCIL - 4
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
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 Sz Meridian
Irrigation District system being installed to serve the Thousand Springs
Subdivision and Sherbrooke Hollows.
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 5. 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 wallcway 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
RECOMMENDATION TO CITY COUNCIL - 5
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
0
0
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
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
RECOMMENDATION TO CITY COUNCIL - 6
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
0 0
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
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.
RECOMMENDATION TO CITY COUNCIL - 7
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
•
0
Adopt the Meridian City Water Department's recommendations as follows:
1.33 The City should have another water supply in the subject area prior to
approval of any projects.
The Planning and Zoning Commission further advises:
1.34 When appropriate for purposes of a development agreement and
conditional use, the City Council should delineate between the 19.42
acre agricultural parcel and the existing dwelling and farm located at the
northeast corner of the site abutting Eagle Road.
A:\Thousand Springs Village\Annex & Zoning Rec
RECOMMENDATION TO CITY COUNCIL - 8
ANNEXATION AND ZONING - MARTIN DEVELOPMENT, INC.
THOUSAND SPRINGS VILLAGE
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
AZ -98-103
REQUEST: ANNEXATION & ZONING 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 Df-PARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
'POLICE DEPARTMF-NT
CITYATTORNEY
_CITY ENGINEER
f1MV D1 AKIKICD
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 R EC LAMATION (PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
0 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
33 EAST IDAHO
BUILDING DEPARTMENT
(208) 887-2211
GLENN BENTLEY
MERIDIAN, IDAHO 83642
RON ANDERSON
Phone (208) 888-4433 - Fax (208) 887-4813
PLANNING AND ZONING
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
AZ -98-103
REQUEST: ANNEXATION & ZONING 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 Df-PARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
'POLICE DEPARTMF-NT
CITYATTORNEY
_CITY ENGINEER
f1MV D1 AKIKICD
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 R EC LAMATION (PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
0 HUB OF TREASURE VALLEY 0
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live (208) 884-4264
Council Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(208)887-2211
GLENN BENTLEY MERIDIAN, IDAHO 83642 IFcEn mT
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481P ` N[ AND ZONING
DEPPAA RTMENT
KEITH BIRD DEC 0 9 1998 (208) 884-5533
City of Meridian
(-Yty Clerk 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: AZ -98-103
REQUEST: ANNEXATION & ZONING 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 PEPARTMENT
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) C�
YOUR CONCISE REMARKS: /C)
�Uu�-
Mayor
ROBERT
HUB OF TREASURE VALLEY
� •
D. CO BRIE
A Good Place to Live
LEGAL DEPARTMENT
C=wz _�
CITY OF MERIDIAN
(208) 884-4264
CHARS RO
GLENN BE.EY
33 EAST IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
MERIDIAN, IDAHO 83642
(208) 887-2211
RON ANDERSON
Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
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 Merid'
Ian
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: A7_AIQ_In,2
REQUEST:
LOCATION OF PROPERTY OR PROJECT: North of E. ictory Road West of S Eagle
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P2
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 BENTPEY, C/C
__�VGATER DffPARTMENT
_SEWER 4,EPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
ISE REMAR
EIX7ET1
OFC - 8 19,9
CITY OF MERIDIAN
• RECEIVED
DEC 15 'wr�,°`
CITY OF MERIDIAN
Nm % .
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
9 Dwwber 1998 Phones: Area Code 208
OFFICE: Nampa 466-7861
Will Berg, City Clerk SHOP: Nampa 466-0663
City of Meridian
33 East Idaho
MeridianiJl) 83642
RE: Annexation and Zoning for Thousand Springs Village - Martin Development Co.
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the
above referenced project.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: din
cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
1JECEIVEI)
iAN' - 5
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.
S <
TO L
6 0
BRIGGS ENGINEERING Ings 1800 West Overland Road
Boise, Idaho 83705 — 3142
EMINEM I PLANNERS 1 SURVEYORSS voice (208) 3449700
Fax (208) 345-2950
E-mail BEldeho@Compuserve.com
Dale Jse r
pot
b,
Post-itD Fax Note 7671 J I pages
January 11, 1999 To From 8e,
coicept. %$
Phone # Phone # r
Mr. Will Berg Fax
►7. �j► Fax # 3-/5-�f;'0
Mr. Bruce Freckleton
Ms. Shari Stiles
City of Meridian .�
33 East Idaho Street
Meridian, Idaho 83642 FECE'vED
Re: Thousand Springs Village Subdivision 1l 5N 1
(Preliminary Plat & Annexation) I ��
CITY OF MERIDIAN
General Comments:
1. The applicant will pipe any internal ditches which provide irrigation or drainage water to
downstream users. The McDonald Lateral adjoins the site along the south boundary. The
facility terminates at the east boundary of Thousand Springs Subdivision and outlets through
a pipe for discharge into the Ridenbaugh Canal. The Boise Project Board of Control has
jurisdiction of the McDonald Lateral. The applicant will submit plans for piping the facility
for their review and approval.
2. No domestic wells or septic systems exist on the subject property.
3. Five foot sidewalks will be constructed within the development and adjacent to Eagle Road
frontage.
4. Any revisions requested by the Street Name Committee will be incorporated into the
preliminary plat.
S. Fire hydrant locations will be coordinated with City staff.
6. The subject development lies outside the floodplain as delineated on the FEMA maps.
7. Responses to staffs cornments will be submitted on January 11, 1999.
Site Specific Comments:
1. The legal description repeats a call twice and is in error. A revised legal description will be
submitted to staff.
The parcel in the northeast comer is not a part of the preliminary plat; however, the parcel
is included in the annexation request. Staff indicated in the pre -application conference that
Mr. Harris' parcel should be included in the annexation application since Mr. Harris
previously owned a portion of the subject property being developed.
981007\CityMer-Itr
2. The applicant's representative discussed a higher residential density with the applicant.
)'-However, the applicant preferred the R-4 density and lot sizes.
3. Applicant will construct the necessary sewer facilities within the development with
connections to Thousand Springs Subdivision. Engineer will coordinate design with City
staff.
4. The applicant will extend water service within the subject development and coordinate design
and location with City staff. The engineer has discussed the necessity for the pressure
booster station near Three Bars Drive within Thousand Springs Subdivision with the
developer.
5. The Boise Project Board of Control is in the process of reviewing the project. They will
indicate the required easement width for the McDonald Lateral and the size of pipe required.
The Project is also reviewing the necessity for an access road.
6. Street lights will be installed as per City requirements.
7. Pressure irrigation will be provided with extension of Thousand Springs Subdivision main
lines. All pressure irrigation facilities will be deeded to Nampa Meridian Irrigation District.
S. The applicant will install a perimeter fence and appropriate fencing along the common lot
as specified by staff.
9. The pedestrian pathway will be constructed by the applicant in compliance with City
Ordinance.
10. A stub street will be extended to the out parcel.
11. A detailed landscape and fencing plan will be submitted for staff .review and approval with
the final plat.
12. Understood, a development agreement will be submitted prior to City Council review of the
preliminary plat.
13. The storm drainage system will be designed within Lot 18, Block 1. If the governing
irrigation district will allow a discharge into the northerly pipe, the system will incorporate
this feature.
14. The applicant prefers a 50 -foot right-of-way with 5 foot sidewalks offset 4 feet. A sidewalk
easement for the 2 -foot encroachment will be provided. The developer agrees to install the
landscaping within the 4 -foot strip.
Please call me if you have any questions.
Sincerely,
BRIGGS ENG HNEE G .
go
Becky
L
g
wcutt
Land Use Planner
BLB:fc
481 w\U0A1t 1n
TOTAL P.02
PAGE.02
)1/13/1996 21:17 2083226836 MIKE SETY MS PAGE
FRI 13'.2' 0 8 28 C"YLLEE BEC 1
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713 �i i :: Q isig tc ieei� Poad Roghani
ot'`A�* Aty of ftridian 2273 Ribier or.
Xe idiaY1, s
ID, 83642
January a, 1999
"Gf Wo John Goade for annexatioa� and a®ning of a.
a
0outh of Troutnar Business Park Cm Wal t-A&n Lane.
Dea�. �i�R •� .
aim
a`p*
- orf land On the scuth side of the Waltman Lana. I
hays, ib s viewed the proposed ohangas by Mr. John Goad*. xn
$ �3� .:1ot have �►ny ob��tfan t® the prop sod phare. x
bel .+ ve r bb*d roads) shauld have sufficient surrace area to
ade at t least two lanes Of traffic in each direction
pl�x ?; *r turning or decorative islands.
i
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• _ )1
0 002