HomeMy WebLinkAboutTurtle Creek Sub AZ PP O HUB OF TREASURE VALLEY
Mayor
ROBERT D
CORRIE
A Good Place to Live LEGAL DEPARTMENT
. (208) 288-2499 • Fax 288-2501
Ci
C
i CITY OF MERIDIAN
ty
ounc
l Members PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD Ci[y Clerk Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Fat 887-1297
September 22, 1999
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 Turtle Creek Subdivision #1
Street lights have been installed by the developer in Turtle Creek Subdivision #1.
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 twelve (12) street lights are located at:
250w Lot 1 Block 2 N. Linder Road & W. Redstone Drive
Lot 5 Block 2 N. Blue Spring Avenue & W. Raspbery Drive
Lot 13 Block 2 W. Raspberry Drive & N. Fair Haven Way
Lot 2 Block 4 W. Raspberry Drive & N. Middlebury Way
Lot 4 Block 5 N. Fair Haven Way
Lot 2 Block 5 W. Redstone Drive & N. Fair Haven Way
Lot 2 Block 4 N. Middlebury Way & W. Redstone Drive
Lot 6 Block 3 W. Raspberry Drive & N. Middlebury Way
Lot 3 Block 6 N. Springtime Avenue
Lot 8 Block 6 N. Springtime Avenue & W. Lonesome Dove St
Lot 1 Block 7 W. Lonesome Dove Street & N. Monaco Street
Lot 12 Block 8 N. Monaco Street
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincere y
~r,~
William G. Berg, Jr.
City Clerk
Enclosures
WIU.IAM G. BERG. JR., Ciry Clerk
JANICE L. SMITH, Ciry Treasurer
GARY 0. SMITH, P.E.. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supl.
SHARI L. STILES, P b 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 cotaN t. ti ~.
A Good Place to Give WALT W MORROW, President
[~
CITY OF MERI
- N RONALD R.TOLSMA
EE
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1 1 \
GLENN R gENT~ER
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P 8 -Oh~MIS~~~~~
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887.221 I JIM JOHNSON, Chairman
Motor VehicleJDrivers License (208) 888-4443 MALCOLM MACCOY
KEITH gORUP
RON MANNING
R08ERT D. CORR[E gYRON SMITH
Mayor
Date: ~a - /~ - ~j~
w,~~ ~~
To: Will Berg, City Clerk
Bruce Freckleton, Assistant to City Engineer
From: Harold Hudson, Electrical Inspector
Re: STREET LIGHT ELECTRICAL INSPECTION
RE°E~D
SEP 2 1 1999
CITY OF ?~TERIDIAN
I have inspected and approved the electrical wiring and associated components for _~~ street
lights in i->• ~~ TLe ' rc~,C a _. Idaho Power Co.
can now proceed with the activation.
~-
Harold Hudson, Electrical Inspector
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'ode ~' ~ / ypt Trench Ft Ft. Ft Field Location: Meridian Oi3t. Offi~~+ EStPrr1 I ina•;
Job rtle: Turtle Creek # 1
C Job Desc: U.G. power to 71 Lots
_ ~ W°`~ R`Q~
No. c9706 i 06.1:
Voltage: Const
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12.5 kV OP• 1 2.5 kV Feeder-No. LCS I -04.4.- I
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"1 Date St°te COUn;y Dis;. No.
Estimated geb g-24_g~ ID ACjO ~
Completed Section Township Range Meridian
Pt°t Map 2 3N 1 W B. ~~ .
Fdr. Map plot Mop No. (R-F1L£) Work Order No.
Entered 553-13 Funct. l_oeotion w. order
NA R/W Permission Feeder Mop (F-flt_E) Map
0 0 0~ o~ o~ 45
18507-49 217 0~
3
KO PO yl'ER CO. R'ORIC ORDER ~Ap ° 200 400
1
1
Sheet 4f
W~1~ tJe~q
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ELECTRICAL PERMIT Iss~_~ed: 4/1/99 Permit No: 14'377
OWNER/AF'F'LICANT------------------------RROF'ERTY LOCATION------------------------
INTERWEST DEVELOPMENT I 1 TURTLE CREEK SUP
MERIDIAN, ID 83Q~O0 I
I Lot: Flock: Long Legal:
~O8/O-~0-0000 I Sub:
T : S : I F'arc No
I
CONTRACTOR-----------------------------DESIGNER--------------_____---------___--
FOUR STAR ELECTRIC I
F'. O. POX '376 I
NAMF'A, I D 8365 I ,
08/467-325 I D0~/000-DQ~O4~
I
PROJECT INFO--------------------------------------------------------------------
F'r.j Value: ~1E, 000.00 I Temp Service:
F'r.j Type: I Residential Service:
Occ Type: COMMERCIAL I N~_~mber of Rooms:
Occ Grp: Occ Load: I Electrical Heat:
Cnstr Type: i Number of Circuits:
Land Use: IOther:STREETLIGHTS
I
----------------------------------------
' O GT ---------------------------
l1 100 WATT PLE L5 PL 2 L1 PL4 Lc PL5 L4 PL5 LE PL8 LE PL8 L6 PL6 L3
PL6 L8 PL7 L1 PL1,?, L12
1 c5O WATT PL ~ Li
PROJECT FEES ASSESSMENT-------------------------------------------------------
Amount Paid: ~~40.00
TDTAL ELECTRICAL FEE: ~E4O.O0 Palance D~.ie: X0.00
~' CEI~' D
SEP 2 0 1999
CITY OF MERIDIAN
~' ELECTRICAL PERMIT INSPEC~ONS
FOR
ELECTRICAL PERMIT N0: 14977
Location:
Owner: INTERWEST DEVELOPMENT
Project Type:
Occupancy Type: COMMERCIAL
INSPECTION TYPE PD STAFF DATE PASS CORR
4 ROUGH ELECTRICAL HH 5/i@/99 PASS NO
F'ole bases, gro~_tnd wire is c~.it short on lot 6 blk 3
--------------------------------------------------------------------------------
5 FINAL ELECTRICAL HH 6/10/99 FAIL YES
Need to apply tape on the f~_~se connector in the pole base
on lot ~ti6 block 5
5 FINAL ELECTRICAL HH 6/14/99 PASS NO
R,EcErvED
SEP 2 0 1999
CITY OF MERIDIAN
•
RECEIVED
N O V 1 4 1994
CITY OF INERIDIpN
~~ . ~ ~ .
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
9 November 1994 Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Gary A . Lee Boise 345-2431
J-U-B Engineers, Inc.
250 South Beechw.ood P_venue, Suite 201
Boise, Idaho 83709-0944
Re: Turtle Creek Subdivision No. 1
Dear Gary:
Nampa & Meridian Irrigation District will allow you to abandon the
portion of the Five Mile Stub Drain as requested in your letter of
14 October 1994. However, a full set of plans .and drainacge
calculations will need to be submitted for our review.
Please feel free to contact me if you have any questions.
Sincerely,
Bill Henson
Assistant Water Superintendent
pc: Each Director
Secretary of the Board
District Water Superintendent
Da Steenson
ity of Meridian
Rider 4
.File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
i~
~~ ,
;__
(V
\, r ~, ~ ~ GRANT 4 AMBROSB (1913-19fd)
JOHN O. F17ZGKRAID, PA.
WAYNE G. CROOKSTON, ]R., PA.
WILLIAM J• SCHWARIZ
JOHN O. F17ZGERALD II., P.A.
AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS AT LAW
1530 WEST STATE - P.O. BOX 427
MERIDIAN, IDAHO 83680
THIS FIRM INCLUDES
PROFESSIONAL CORPORATIONS
October 21, 1994
Jon M. Steele
Attorney at Law
3350 Americana Terrace
Suite 350
Boise, ID 83706
RE: TURTLE CREEK COVENANTS AND RESTRICTIONS
Dear Jon:
TOx.6PHONB (206) 606•igil
RACSIMILB (206) 666.rii!
On October 18, 1994, the City Council of Meridian approved
Turtle Creek's revised Covenants, Conditions, and Restrictions,
dated October 17, 1994, subject to my approval. I approve.
Very truly yours,
WAY E G. CROOKSTON, J .
WGC/jld
cc: Will Berg
City Clerk
Meridian City Council
July 19, 1994
Page 6
MOTION CARRIED: All Yea
•
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR MICHAEL AND SUE
CLARKE VARIANCE REQUEST:
Corrie: Mr. President, I have question for Counselor, we were given some information
from a law office that was to you, does that change anything as far as you are concerned?
Crookston: Well that is something that was received after the public hearing was closed
and it is not submisible as evidence or as something you should consider.
Morrow: Mr. President, I would move that we approve the findings of fact and conclusions
as written.
Yerrington: Second
Tolsma: It has been moved by Walt, second by Max to approve the findings of fact and
conclusions of law as written for Michael and Sue Clarke variance request, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: All Yea
Morrow: Mr. President, I move that we adopt the decision as written.
Yerrington: Second
Tolsma: Moved by Walt, second by Max to approve the decision as written, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: ORDINANCE#657 -TURTLE CREEK ANNEXATION:
Tolsma: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE. S 1/2 OF
THE NE 1/4 OF SECTION 2, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING
AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #657
read in its entirety?
Corrie: Mr. President, I move that we adopt Ordinance #657 with the suspension of the
• ! •
Meridian City Council
July 19, 1994
Page 7
rules.
Morrow: Second
Tolsma: Moved by Bob, second by Walt to approve Ordinance #657 with suspension of
the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: Aii Yea
ITEM #8: ORDINANCE #658 - G.L. VOIGT ANNEXATION/SUNDANCE:
Tolsma: We have a request that the G.L.Voigt Annexation/Sundance be tabled.
Yerrington: I move that we table Ordinance #658 until August 2nd.
Corrie: Second
Tolsma: It has been moved by Max, second by Bob to table the G.L.Voigt Annexation
Ordinance until August 2nd, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: ORDINANCE#659 - ST. LUKE'S ANNEXATION/L-O; ORDINANCE#660 - ST.
LUKE'S ANNEXATION/I-L; ORDINANCE #661 - ST. LUKE'S ANNEXATION/C-G;
ORDINANCE #662 - ST. LUKE'S ANNEXATION/C-G:
Crookston: Since our City Engineer has not had the time because of busy schedule that
he has as does the City t think it would be appropriate to table these until he has had an
opportunity to review the legal descriptions.
Morrow: The legal descriptions have not been reviewed by the stafF?
Crookston: Right
Morrow: That can be handled by the next meeting? Mr. President, I would move that
Ordinances #659, 660, 661, and 662 be tabled until our meeting of August 2nd.
Yerrington: Second
ORDINANCE NO. 657
ov,., ~_ .
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S 1/2 OF TAE
NE 1/4 OF SECTION 2, T.3N., R.1W., .B.M., ADA COLS*tm~~-~?Tii~aFiGi~~ Aun%'`~ `_=~
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor o= r~~,;~~~~.,~ ....~_~ -- _.; , _
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land being a portion of the S 1/2 of the NE
~ 1; ~ ~ ~ i# ~; jj1/4 of Section 2, T. 3N. , R.1W. , B.M. , Ada County, Idaho,
9,~_?O,//~ more particularly described as follows:
~ `~ - =_ = Commencing at an iron pin marking the East 1/4 corner of
.. -~ said Section 2, also being on the center line of North
`~.. `~ ~ Linder Road .
Ens..:.
(~ ~ thence North 00°00'32" West 460.13 feet along the
_ _ ° Easterly boundary of said Section 2 to a point on the
)~~ ~ '.-
5 ~ ~~i~_ ~~~ a; ':; i.centerline of said North Linder Road.
//.~.,, ~
FEE Lr.~~~. _ _ ~ _ _.._......._thence departing from the Easterly boundary of said
RECD:-.~-_ _:~,S~ction 2 North 89°12'32" West 40.00 feet to an iron pin
marking the REAL POINT OF BEGINNING;
thence continuing North 89°12'32" West 458.40 feet to an
iron pin;
thence South 00°00'32" East 460.13 feet parallel to the
Easterly boundary of said Section 2 to an iron pin on the
Southerly boundary of the NE 1/4 of said Section 2, also
being on the Northerly boundary of Glennfield Manor as
filed for record in the office of the Ada County
Recorder, Boise, Idaho, in book 45 of plats at page 3676;
thence North 89°12'32" West 2157.64 feet along the
Southerly boundary of said NE 1/4 of Section 2, also
along the Northerly boundaries of said Glennfield Manor,
Glennfield Manor No. 8 as filed for record in the office
of the Ada County Recorders, Boise, Idaho in book 59 of
plats at page 5745, and Glennfield Manor No. 9 as filed
ANNEXATION ORDINANCE - TURTLE CREEK/CAIRNS Page 1
•
for record in the office of the Ada County Recorder,
Boise, Idaho, in book 59 of plats at page 5844 to a Brass
Cap marking the center 1/4 corner of said Section 2, also
being the NW corner of said Glennfield Manor No. 9 and
the NE corner of Sunnybrook Farm No. 3 as filed for
record in the office of the Ada County Recorder, Boise,
Idaho, in book 63 of plats. at page 6315;
thence departing the Southerly boundary of said NE 1/4 of
Section 2 North 00°15'25" East 1329.17 feet along the
Westerly boundary of said NE 1/4 of Section 2 to an iron
pin marking the NW corner of the S 1/2 of said NE 1/4 of
Section 2;
thence departing the Westerly boundary of said NE 1/4 of
Section 2 South 89°17'36" East 2649.83 feet along the
Northerly boundary of said S 1/2 of the NE 1/4 of Section
2 to an iron pin marking the NE corner of said S 1/2 of
the NE 1/4 of Section 2 also being on the center line of
said North Linder Road;
thence departing from the Northerly boundary of said S
1/2 of the NE 1/4 of Section 2 South 00°00'32" East
873.03 feet along the Easterly boundary of said Section
2 and the center line of said North Linder Road to a
point;
thence North 89°12'32" West 40.00 feet to the REAL POINT
OF BEGINNING, comprising 75.80 acres, more or less.
is hereby annexed to the City of Meridian, and shall be zoned R-4
Residential; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request for
annexation and zoning.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
ANNEXATION ORDINANCE - TURTLE CREEK/CAIRNS Page 2
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion into the
subdivision of the requirements of 11-9-605 C, G., A 2,
R, L of the Revised and Compiled Ordinances of the City
of Meridian and other matters.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Ordinances of
the City of Meridian.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal- description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approy by the Ma or of the
City of Meridian, Ada County, Idaho, this /~ay of ~~~(~' 1994.
APPROVED:
l j ~,,
MAYOR -- GRANT P. KINGSFORD
ATTEST:
WILLIAM G. BERG, JR."-- CITY CLERK
,.~ ~ ~ to
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ANNEXATION ORDINANCE - TURTLE CREEK/CAIRNS Page 3
• •
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S 1/2 OF THE NE 1/4
OF SECTION 2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING
AN EFFECTIVE DATE."; passed as Ordinance No. 657 , the City
Council and Mayor of the City of Meridian, on the -~ day of
~ , 1994, as the same appears in my office.
DATED this l l ~ day of
,fix ;-~-,,.. ' ° ~ ,
j~ ~ N i J ~ ~i~'
~ f, Y ~;R • ~~ ~ k
STATE OF I ~ , ~~.x,~.:~ „ ,~,,,.
County of Ada," ~ -~r~', ~_~. '~
~, 1994.
City Clerk, City of M idian
Ada County, Idaho
On this /A¢h day of ~JU~j/ , 1994, before me, the
undersigned, a Notary~Public in and for said State, personally
appeared WILLIAM G. BERG, JR. known to me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
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Commission Expires ~ ~-9~
ANNEXATION ORDINANCE - TURTLE CREEK/CAIRNS Page 4
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Meridian City Council
July 19, 1994
Page 15
Crookston: There are no findings, thi
Post-it®FaxNote 7671 Date (.~_1~~~ pa°ges~ I?J
To ~ ~ From
Co./Dept. Co• ~
Phone # Phone #
Fax # ~~ _ ~ ~ 3 (~ Fax #
Morrow: Even though that is part of our package we don't need to deal with them.
Crookston: Right
Morrow: I would move that we approve the preliminary plat for Fire Light Estates.
Yerrington: Second
Tolsma: Moved by Walt, second by Max to approve the preliminary Plat for Fire Light
Estates, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #16: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TURTLE
CREEK SUBDIVISION BY STEELE AND SON AND JUB ENGINEERS:
Tolsma: Is there a representative?
Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney.
Lee: This preliminary plat application before you this evening is on the heals of agenda
item #7 above with the annexation ordinance adopted for that particular property known
as the Cairn's property was annexed and zoned R-4 into the City. The preliminary plat on
the property will consist of about 237 single family residential lots. tt will be a 8,000
square foot minimum most of which will be larger, probably upwards of 10,000 square
feet. The project is located off of Linder Road north of Glennfield Manor and just east of
the Sunnybrook Farms and Fieldstone Meadows subdivisions. Currently there is an
application in the city for a project known as Tumble Creek to the north of us. So we will
be surrounded by residential developments. Access to the site will be provided off of
numerous points of connection, the main connection will be Linder Road. There will be
a collector street that will access all of the interior lots. It will traverse in a westerly
direction for about 2/3 the distance across the plat. It will also connect to existing streets
to the south Monaco and Cubic, it will connect to the proposed street to the north which
again is Monaco. And in addition there will be a 4th connection to the west boundary and
to the Sunnybrook Farms No. 5. Sewer and water services are available on Linder Road
and Monaco which will be connected and extended throughout the project. there are a
number of irrigation ditches that traverse the property at this point which will be tiled in
accordance with City Ordinance. There will be a pressurized irrigation system installed
for this development probably operated and maintained by Nampa Meridian Irrigation
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Meridian City Council
July 19, 1994
Page 16
District. We will be working in conjunction with Settlers Irrigation District as well. Part of
this project is served by Settlers Irrigation District and part by Nampa Meridian. The
preliminary plat was approved by the Ada County Highway District on May 4th as
presented and revised by this (inaudible). Part of the reason this is behind in the schedule
is that the preliminary plat was tabled and redesigned in accordance with some City staff.
We have addressed those comments and the plat in your packet is the latest revision. If
you have any questions I would be glad to answer them.
Tolsma: Any questions for Mr. Lee?
Morrow: I have a couple for Gary Smith.
Gary Smith, 33 East Idaho, was sworn by the City Attorney.
Morrow: Gary my question is, in our packet your letter as of April 9th lists some 13 items.
On there item 3, a temporary turn around needs to be provided at the east end of West
Lonesome Dove Street, has that question been answered by Mr. Lee's resubmittai of the
plat?
Smith: Yes it has, it is required.
Morrow: And the lots needed to have 80 feet, that has been taken care on the frontage?
Smith: Yes
Morrow: They are aware of the filling of the drain ditch crossing the project will need to
be a engineer fill?
Smith: Yes
Morrow: And they supply us with documentation of those compaction tests is that correct?
Smith: Yes, correct.
Morrow: So that becomes part of our package? Have they satisfied all 13 of your
comments?
Smith: Yes, I understand that they will be providing pressurized irrigation.
Morrow: I have no more questions of either Gary.
Tolsma: Gary, have you seen Shari Stiles's comments on the pedestrian access?
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Meridian City Council
July 19, 1994
Page 17
Lee: Yes, we put those in.
Tolsma: That has all been handled? That is all I have. Anybody else from the public wish
to testify?
Diane Brunello, 2257 North Astaire, was sworn by the City Attorney.
(End of Tape)
Brunello: I don't enjoy being here but I feel it is my responsibility as a citizen to let you
know what I see happening. tam here because I feel the letter you received on March
24, 1994 from the Meridian School District stating that they cannot support growth in our
district which applies to this Turtle Creek Subdivision specifically, does not give you a real
picture of how the growth is affecting education in our area. I am not opposed to growth
but it must be managed. I feel the City has a responsibility to all of its citizens including
the children to work with other agencies such as the school district in order to maintain
quality schools. This subdivision of 237 homes will add 102 elementary students to our
already overcrowded Linder Elementary school. In considering this subdivision I ask you
to remember that other 12 subdivisions already approved or close to completion of the
approval process. These 12 subdivisions are in the school boundaries for Linder
Elementary. They alone total 1200 new homes but. it is estimated 600 new students.
These 12 subdivisions are located within blocks 2 and 3 on the map of Meridian. I have
a list of the subdivisions if you would like to hear them or see them, but that will just take
up time. Linder elementary was at closing of 1994 at 134% of capacity. Expected
enrollment in fall will be 669 students that is 153% of capacity. There will be a minimum
of 4 new classrooms this year to accommodate these classes they will be putting the 5th
grade class .on the stage in the gymnasium/cafeteria. While this class is being conducted
there are going to 620 other students filing by within 10 feet getting their lunches being
processed through the cafeteria, it is not a quiet time at the schools if any of you have ever
been there. When they are not having lunch conducted in the cafeteria the gymnasium
is used for its original purposes, it is a gym. There are PE classes, basketball, roller
hockey, it is extremely noisy. I have spoken with a student that was in a 4th grade class
on the gym a few years ago, lunch was not a real major problem for him, but the PE classes
were extremely disruptive and very hard to get an education and try to keep your mind on
the subject at hand. Music was held on the stage now they will relocate to what was the
resource room. This room is too small to accommodate the needs of the music class,
pianos, risers, the recorders that the 4th and 5th grades get lessons on and the school
choir. The resource room has now been relocated because the music has taken it over,
it is now being shifted to a smaller location, but because of the increase of students at
Linder Elementary there will 2 people working out of a smaller office. There are currently
2 portable at Linder right now they are used by 1 full time class the other is used by offices
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Meridian City Council
July 19, 1994
Page 18
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and health classes rotated throughout the rest of the school. At a cost of $40,000 per
portable there are. no plans to add any portables this year. This year in the portables there
will be a morning kindergarten class and 3 other full time classes, 2 classes per portable.
This puts the school in direct violation of requirements by the State Department of
Education for acreditdation. It will be placed on an advised status list for 1 to 2 years, the
next step unless corrected is the warn status for 1 year. A State Advisory committee would
then look at it and decide whether to pull the acreditadation for the school. It is hard to
believe that the School District and the city would allow even the first step of this process
to take place. These portables have no washing facilities, no restrooms and inadequate
heating and cooling and ventilation system. Water will be available from an igloo
container. Art and science projects that require water we will now be asking our students
as we did 100 years ago to carry buckets back and forth from other facilities to get water
to the classroom. They are also preparing for yet another classroom, this is not a definite
at this point but it is anticipated. This one will be placed where the faculty now is, the
location of the new faculty room, if there is to be one has not yet been determined. They
have no idea where to put it, there is no room. Even if they are able to get the class space
for this year, they still must work with other areas of the school that are unable to grow,
the playground, the computer lab, the library, office, cafeteria and gym, halls and parking.
I spoke with an administrator at the school today and he said it is going to be extremely
difficult to avoid not breaking fire codes. Having to process the kids through the
gymnasium they most likely at some point go over what is permitted in the fire code. The
school district flat out denies that will ever happen, they are not at the school though. I
have a tendency to believe the administrator that is at the school that makes sure things
continue to run. The Comprehensive Plan calls for 690 permits in 1994 and 1995
according to the table 3 on page 9, yet as of now there are 1400 sites either started or
ready to go in our area alone. It will take the schools at least 4 years to pass a bond
issue, complete construction of a new school and get it up and working. That is if we are
able to pass a bond issue in the next two years. It is great what the city is doing right
working on getting school sites, that is extremely important, that has to be done now. But
we have to remember these are strictly sites, they are not functioning schools that will help
with the immediate crisis that this school is facing now and will in the next 3 to 4 years.
We have to look at 4 years before there is any let up for this school. The district can't
redraw. the boundaries for Linder because all the schools around are experiencing the
same growth problem. Chief Joseph was capped out, we can't count on any help from that
school. They have looked at year round, even going to year round with the can-ent
enrollment for Fall of 1994 that will put it back at just above 100% capacity. I ask you to
delay the approval of this subdivision, not deny just delay it until this subdivision as well
as others in this area that come before you, until these concerns can be addressed and
a plan implemented as to how and where the additional school children will receive and
education that they deserve, thank you very much. Any questions?
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Meridian City Council
July 19, 1994
Page 19
Tolsma: Anybody else wish to testify?
Jan DeWeerd, 2090 West Chateau, was sworn by the City Attorney.
DeWeerd: I would like to thank you Councilmen for giving me the opportunity to place
some comments on this development. I would like to state clearly that I am proposed to
approving the development of this particular area designated as Turtle Creek into a
subdivision. I have 2 good reasons they both have a~ common denominator which is
basically save our standard of living please. The first reason is probably addressed by the
previous speaker it is yet another subdivision. We acknowledge the rights of property
owners to do with their property what they do and we have an (inaudible) society. We
followed a trend over the last 5 years here in Meridian and the property rights have been
acknowledged (inaudible) but currently we definitely are getting deep into the rights of
citizens that currently live in the city boundary, rights to an adequate education, we have
in our local school in Linder Elementary that at one time provided adequate education.
Currently it is threatened of losing its crediadtion. Last year we had a disease outbreak
hepatitis B (inaudible) don't even have hand washing facilities. (Inaudible) Yet another
subdivision, that because it is so, it is planned somewhat awkward due to the fact that this
5 acre farm over there (inaudible) sitting in the comer of the subdivision and because of
that they had to play around with the streets to empty out the traffic (inaudible). Because
of this awkward planning at least (inaudible) of traffic will flow through again West
Chateau that is already receiving the development of the 1200 or so houses (inaudible).
It is designed and structured as a residential street and not as a through type of highway.
If currently we can witness it several people are using it (inaudible) and basically any
addition of a subdivision is increasing the risk and threatening the life of my children. And
unfortunately that is where it is at, again it is structured as a residential street. The
driveways are somewhat sloping and (inaudible) with their bicycles and once in awhile
they slip and fall into the street. (Inaudible) will increase that risk and one of these days
we will have a serious accident happening because of (Inaudible) that will flow out on
West Chateau. The third point is basically yet another subdivision will affect the quality
of the services offered by the City. We have spent a lot of time putting in an irrigation
system after a year of dragging around hoses. And I was somewhat disappointed with its
performance and I started measuring the water pressure and several times during 2 parts
of the day, early morning around 5:00 and towards 8:30 or 9:00 pressure has been down
below 50psi. My system is assigned for 60psi which is something that the City told me is
(inaudible). So that is a classical example of declining quality of services. (Inaudible) The
second (inaudible) i see here a unique opportunity for the City of Meridian to actually
create open space for people (inaudible) they know that we are (inaudible). There will be
a small little city park being developed, I think it is the second park for Meridian. For a city
of (inaudible). That is great but if you work up that particular plan and look up for the
subdivisions that are proposed this area could be uniquely attached to this small park and
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Meridian City Council
July 19, 1994
Page 20
really create facilities such as biking, (inaudible). Facilities that we still have to go to Boise
for. Meridian needs to get (inaudible) and try to (inaudible). There is a unique opportunity
to develop an area like that there. It can be attached to a small park (inaudible) and on
low cost basis you can design open space that will be utilized by (inaudible). There is a
bike path already in the planning, a bike path that will lead into the smaller park could
easily lead into (inaudible). I encourage you to give this serious because of this unique
situation of this particular area. So, again (inaudible) standard of living. We are
threatened currently of losing it, kids are threatened in their potential future. We have
been to the Planning and Zoning Committee, we have been at the school board, we have
talked to the Highway Department and they all kind of (inaudible) they are all bound to the
laws they have to work with and they (inaudible). I can really encourage you to actually
pick up the ball and score (inaudible) help the school board as much as you can.
(Inaudible) city services and try to get a (inaudible). This is my last resort (inaudible) but
1 know we have elected you as our representatives to at lease keep the standard of living.
And that is what I am encouraging you know to keep that in consideration at least the
people in Meridian (inaudible). Thank you.
Tolsma: Anyone else from the public which to testify tonight?
Tammy DeWeerd, 2090 West Chateau, was sworn by the City Attorney.
DeWeerd: I am addressing not only for myself since my other half has already addressed
you, I am also addressing you on behalf of the Glennfield Manor Homeowners Association.
And I have prepared a stated so if there is some redundancy please forgive me. We are
here today assuming our responsibility as residents of Meridian in addressing the
development of Turtle Creek and how it impacts us as residents, but also how our
neighbors, .our subdivision, our school system and our community. First I think it is
important to not just look at the development of Turtle Creek. Turtle Creek is just another
ripple on the water, but add all the other ripples the new and approved developments,
phases and subdivisions together and they potentially can cause a tidal wave a disaster
would happen in our area. In the Comprehensive Plan which I refer to because it reflects
values and concerns of growth of the residents very well. It lists community values that
are of .specific concern here. Managed growth to achieve high quality development,
enhanced quality of life, new growth that finances public service expansion, prevent school
overcrowding and so forth. It also states goals of open space to preserve and improve the
character and quality of the environment. To insure availability of recreational facilities to
all residents. To provide community services. We are going faster than anticipated even
in the updated plan. We have a plan that has goals and dreams but no city ordinances
with consequences to back it up. The cart is before the horse here, development needs
to stop so that the ordinances can be put in place so the quality of life can be assured to
its residents. You are the doctors of the City's future health, we have a plan assuring
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Meridian City Council
July 19, 1994
Page 21
certain values, what are you going to do with this? Where are the ordinances, the
enforcement? This development as well as the other are already in place are dramatically
effecting the schools overcrowding and our childrens quality of life and quality of
education. It will certainly affect our quality of life with the increased traffic flow coming
from the subdivision on Cubic and Monaco to West Chateau and also into our whole
subdivision. Speeding is already a problem due to the new Sunnybrook additions who
have only one exit to Cheny Lane and one exit to Linder through West Chateau. It is also
a problem before and after school and this will continue to impact West Chateau. It stated
in the Comprehensive Plan that we are supposed to decrease the traffic on these roads
leading to existing schools, all we see on West Chateau is an increase in traffic. As well
Sandalwood which also parallels West Chateau which will probably somewhat also have
some of the burden of this new subdivision. They have been zoned for 21 plus cars per
hour and they have been monitored at 200 plus cars per hour. So indeed traffic in our
subdivision is already a huge concern and a huge problem. This also impacts the services
that provide community services. It has already been discussed about parks, we have 2
parks in the City of Meridian right now that are supposed to service 20,000 residents and
that is Story Park and the park on 8th street. I do realize that the park is due to be started
there off of Linder, but we need to start making our community more of a community of
itself. I think that was stated also in the Comprehensive Plan. We do not want to be a
bedroom community of Boise, but what do we have to offer the families and residents of
Meridian without parks and open space. Why are we not requiring it be a city ordinance
that these new subdivisions have to have parks in their own subdivisions. Why does it
now seem that they can donate 4 lots to have parks in their subdivisions. It also impacts
the water pressure, I think that has already been gone through, but certainly our
subdivision goes through its fluxuation of water pressure problems. Police services are
also lacking, the Comprehensive Plan recommends 1.6 to 1.8 officers per 1,000 residents.
We currently have 19 officers that includes the Chief, lieutenants, detectives, school
detention officers and patrol officers. Well, for 20,000 residents that is .95 officers per
1,000 residents. I understand that 3 officers will be added but they hardly be enough to
support the expected residents that these new developments will be bringing in. What
growth finance services needed to sustain it and maintain and enhance the current
residents quality of life. Freeze growth, make city ordinances that have consequences for
enforcement then allow development to have a level that will sustain itself. I do also have
one question for the developer, we live on West Chateau, the back of our property line will
border the new subdivision. We want to know where do you intend to place the fence line
along that irrigation ditch and how they intend to maintain the tiled ditches. And how the
irrigation district will access that to maintenance any plugs in the lines. We certainly are
looking at if they have an easement or a buffer area and we really want it known that we
do not intend them to access to maintenance that user lateral through our backyard.
Thank you.
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Meridian City Council
July 19, 1994
Page 22
Tolsma: Is there anyone else that wishes to offer testimony?
Lillian Tulley, 2045 North Nyborg, was sworn by the City Attorney.
Tulley: I live in glenfield Manor subdivision which is south of the proposed Turtle Creek.
I am on the Board of Directors for the Glennfield Manor Homeowners Association and I
speak for them tonight. I represent the Glennfields Manor's Homeowners association
represents 269 homeowners in Glennfield Manor. Currently we are working on speed
calming bumps on Sandalwood which is one of 2 main arteries into Glennfield Manor,
Chateau is the other. We feel this problem will occur also on Chateau if Turtle Creek is
approved because it will feed into Monaco and Cubic which leads to Chateau also. The
urgency of speed bumps for childrens safety is at our highest priority. As was previously
stated Ada County Highway District has come out and counted the cars on Sandalwood
at 200 per hour so we are in cue of speed bumps. Unfortunately project of this magnitude
take some time at the tune of a year. or 2 to get in place with the homeowners probably
bearing the biggest share of the cost and that is what we are looking at now. There is a
possibility of Ada County helping us out but that is just a possibility we can't count on it.
So, the homeowners association will be paying for these speed bumps which is quite
expensive, we are looking at just a small section between Linder and Monaco and on
Sandalwood. And the speeding continues beyond that but at this point that is all that was
tested for cars and that is probably all we can afford at this point. If you approve Turtle
Creek we will be faced with the same dilemma on Chateau. Chateau is used by the buses
that go to Linder and we are very concerned with this. We can hardly afford to do the
speed bumps that we are doing now and to have to face doing it again on Chateau and
it is the same 269 homeowners. We are asking for consideration in this, we would prefer
this Turtle Creek not be approved for the many other reasons including standard of living,
the schools and now this is one of our main concerns. We are a new homeowners
association and we are cleaning up messes that were left for us by developers. I am sure
Mr. Berg, we have been working with his office on the easement that was left weeds along
Linder. The developer left it, it is just an 8 foot strip of weeds that we have had to mow
and we had to de-trash and now we are trying a way to go in and put some rock and
barrier down there just to keep the weeds down for safety. We called Ada County
Highway it is not their problem to mow the weeds. So we are dealing with this that was
left by the developer. We are dealing with speed bumps on Sandalwood and now if you
approve Turtle Creek we are going to be dealing with speed bumps on Chateau and we
just have so many things in cue we are just asking you to consider this before you approve
this subdivision. Also today I spoke with Cheryl Belknap which is the Director of
Elementary Schools for the Meridian School District. I asked her about the condition of
Linder as is. Linder can handle 30 to 40 more children and it will be at its maximum
capacity. Even that is far from my ideal because that is using the stages and the portables
as was previously stated. We have 1200 lots in Linder's school boundary already
Meridian City Council
July 19, 1994
Page 23
U
approved, I am sure there is going to be far more than 30 to 40 children, where are these
kids going to go to school. There is no proposal of this point to cap Linder, as Cheryl said
told me today unlike Chief Joseph there is no proposal to cap it. We heard rumors but that
isn't so. And I just asked the developer where are these kids going to go to school. So
please I came here, I am sorry I wasn't very prepared I was jotting notes as I was sitting
here listening and I just hope you will take into consideration the 269 homeowners in
Glennfield Manor that are trying to deal with the speed calming and the other issues that
have been left for us to deal with. Thank you. -
Tolsma: Anyone else wish to testify? Gary do you have anything else before I close this?
Lee: Well, I certainly appreciate all the people that came out to testify at this public
hearing, and we probably can cum up their comments and we have heard these before.
Hopefully we are working to develop a better community and that is growth. How do we
handle it and when do we handle it. Schools is a big issue, I myself have 3 kids in
Meridian school district 2 that go to Linder. And I am concerned about it as well.
However, I am a member of the Building Contractor's Association, we are actively working
with State Legislature on transfer fees for schools, for impact fees. We constantly support
bond issues, I voted for 2 of them myself in the past 5 years as I have lived here in
Meridian. I certainly support year round schools and I wish Meridian would go to that type
of curriculum. Some of the points that were brought up about traffic, it is pretty interesting.
We hope that through the years we develop designs that are more efficient both in moving
traffic and people. One of the points that was that was brought up about Chateau Drive
is well taken I have been down that road many times, it is a residential street however it
is designated as a collector street. And unfortunately there are residential houses fronting
Chateau. Nowadays we try to design our collectors in such a way that those houses do
not front on Chateau. There are restrictions on access to Chateau they aren't allowed any
driveways. So, the plat is designed in such a way that the collector street coming in is just
fine, there are local streets coming off that collector that feed and go to the individual
homes. it is a safety design and hopefully it will enhance the traffic movement and make
it easier for people to commute from their homes down the collector and down the main
arterial which is Linder Road. There was a traffic study conducted for this development
as required by Ada County Highway district. And their policy state that these collectors
will be installed in addition to interconnecting neighborhood streets. Which include Cubic
and Monaco and Lonesome Dove to the west boundary line which we have
.accommodated. Poor water pressure was brought up, as you well know there are
standard requirements of the State Health Department for water pressure and quality. And
we must meet those standards prior to any plats being approved, by the way the minimum
is 35psi and 50 is pretty good water pressure, 20psi is the minimum for fire protection. A
comment about open space, we do have walkways and landscaped areas along the main
collector road to the tune of 2500 lineal feet as walkways, bikeways to move pedestrian
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Meridian City Council
July 19, 1994
Page 24
traffic from the development over towards Linder Road. The question about the
easements, there is an irrigation ditch, well there are a number of them, the main one is
Settlers canal and we will relocate that canal to a pipe and there will be an easement
granted to the Settlers Irrigation for access maintenance in operation of that ditch line.
The one about the weeds on Linder was pretty interesting to me, we do have plans for
improving Linder Road adjacent to the development and in addition along the out parcels
which are known as the Slagle and Cairns property. That will consist of a landscape strip
and a sidewalk for access for pedestrians. And by the way that landscaped berm as well
as the one in the development will be maintained by the homeowners association and
there will be assessments made to keep that looking nice and watered and the weeds
taken care. If you have an questions I would be glad to entertain them.
Tolsma: Anybody else wish to testify.
DeWeerd: We went down to the City Planner's office to find out what the builder intended
to do with the user lateral behind our house. There is no mention of it at all, I have
contacted the irrigation district, they said something needs to be done about and I need
to ask the developer and I am sorry my question still hasn't been answered about that
lateral behind our house, I want to know what is going to be done with that. It is not
mentioned anywhere on the plats, thanks.
Lee: I guess 1 don't know where she lives to begin with. There is an irrigation lateral that
goes from about Monaco and traverses westerly. A small take out from Settlers, that ditch
will be piped as well. And it was shown on the engineering conceptual plan that was
submitted with the preliminary plat. All the irrigation ditches that are liable will be piped.
(Discussion. inaudible)
Lee: The fence line will be along the boundary that separates the 2 subdivisions, there
will be an easement for access and maintenance of the pipe lines by the user.
DeWeerd: So those residents (inaudible)
Lee: Well, I am not sure about that but there will be easements on the plat that will be part
of what they purchased.
Corrie: It won't be on your property it will be on the other side, your fence line is on the
Glennfield side, that property of tiling is on the north side of your property. So, they are
the ones that get torn up if it has to be done.
DeWeerd: I just wanted to make sure that there is an easement so that ditch is not, right
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Meridian City Council
July 19, 1994
Page 25
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now it is currently one foot from the property line. I want to know what kind of easement
are you going to move that ditch so that it is further in your subdivision or will there still be
potential that they will be digging up in my back yard to maintenance that tiled ditch once
you do the it? Is that clear?
Lee: There will be an easement 10 feet wide along the south boundary of Turtle Creek
Subdivision for irrigation facilities. The pipe line will more than likely be situated
somewhere between 3 and 5 feet from the property line depending on final design on
Turtle Creek property.
Tolsma: You easement will go up to the back of their fence line.
Lee: Right, the easement line will be along the common boundary line and extend 10 feet
into the subdivision.
Tolsma: Anyone else wish to testify? Seeing none I will close the public hearing.
Corrie: Mr. President, I would like to make a few comments here. We are learning too,
Council, about mistakes that have been made in subdivisions so consequently we are
making it mandatory all new subdivisions have mandatory homeowners associations. That
helps eliminate some of the problems you are finding. on Linder, we have about a 3 or 4
foot strip there that is (inaudible) so you have to have a homeowners society to put the
money onto that and pick it up. Also, in Glennfield Manor you have 269 residents that are
concerned about what is happening, multiply that by 1,000 times and that is what we are
up against. We are trying to do what we can, we cannot, the NIMBY program but there
is a lot of Not In My Backyard syndrome going around developments in city's that are
growing as rapidly as Meridian consequently we have to do the best job that we can to see
that all of those is are crossed and is are dotted so that you don't have a lot of the
problems that you are bringing up here. We are trying to get the impact fees started,
hopefully within about 60 days we will have that on line and these new subdivisions will
be paying some of their way for the police, fire and your parks. We would love to give you
whatever you are willing to pay for, we can give you a lot of park land but it costs a lot of
money.. If you would want to put bonds, say we will put most thousands of dollars for parks
t would be most happy to do that. But that doesn't always seem to be the case sometimes.
School sites, we are working with developers, they are giving us school sites, we have 2
coming up tonight that are giving almost as much as 10 acres, they are actually going to
donate it to the schools. We are working as best we can and we are not sitting up here
trying to pass the buck or anything, we do listen to you. We cannot stop growth, we can
do the best we can to manage it and that is what we try to do here and sometimes it is
satisfactory, sometimes it is not. Developers don't cause the problem, people coming in
need a place to live. You mentioned you needed time for the speed bumps, these 237 lots
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Meridian City Council
July 19, 1994
Page 26
will not suddenly mushroom tomorrow, it will take probably 3 to 4 years before that is even
completed. So you have time for that, speed bumps, they are nice but boy you get a fire
truck coming down the street and hitting one of those things you may not have a fire truck
very long, that is beside the point. But I do want to give you those points that you have
given to us that we are looking at them and we will do the best we can, but a lot of your
issues are with the school board and of course we can't do anything with that, it is an
entirely different entity. That is my soap box I am sorry.
Morrow: Mr. President, I think 1 want to address a little bit here with respect to growth and
the growth issues and maybe put it in a different light than most of us think. Most of us
think that it is real easy to blame the "foreigners" that are coming here from out of state.
But using my own family as an example primarily which has been here forever so to speak.
After World War II most of the kids and service folk had to leave this area simply to make
a living. That phenomena continued on for a number of years in through the 60's when
I went to school. Most of my school mates had to leave the area to make a living. What
has happened to us within the last 7 or 8 years for the first time in Southern Idaho we are
producing enough jobs that our children get to stay home. What I see as a home builder
in terms of the buyers or the predominant number of buyers for the homes that I work on
and that my contemporaries work on are buyers that are coming here because they are
coming back home. They are our parents and grandparents in may cases those that are
in their mid-40's such as myself are schoolmates and kids that I grew up with in old south
Boise or went to school with at various schools here in the valley with. If we are going to
solve the problem of growth we only have 4 solutions, we tell our parents and
grandparents that they can't come home, we can tell our peers that were raised here that
they can't come back here, we can tell our children as they graduate from high school that
a certain number of them have to leave the area or we can try to accommodate growth as
best we can. It seems to me that the first 3 are not acceptable that as a City Council not
only in Meridian but all through Southem Idaho and some parts of Northern Idaho that we
have to struggle with those issues and we have to find a way to provide the services that
we can as best we can that are affordable so that we don't tax our senior citizens out of
their homes such as happens in some areas of California and other places. And yet that
we have the services that are at best serve us and meet our minimum needs where we can
meet those. (End of Tape) The job that we have here is to try to make sure that we get
a happy medium. In many cases over the last few months there have been several
changes with how we do business, there are going to be several more changes, all of
those are coming about because of the phenomenal growth. This Council and the past
Council got cause by surprise. It is interesting to note that part of my own market research
indicated that there was over 4,000 students that graduated from the local high schools
in Ada County this Spring. We don't build that many single family homes within the County
within a one period of time. So, 1 think that I understand the testimony, I agree with most
of the testimony, I think from my position it is a situation where we have to recognize what
~..~ ~ •
Meridian City Council
July 19, 1994
Page 27
the real problem is and go about solving the problem as best we can. Councilman Corrie
is correct with respect to the speed bumps. If this project goes forward it will be 2 or 3
years before these residences come on line. Hopefully by that time there will be more
traffic planning that has been done and more roads that have been constructed to mitigate
some of these things that we have discussed this evening. The school system is a
different issue. Quite candidly on my short time on the City Council here I have never ever
seen a member here from the School District or the School Board attend any of the
meetings to have a clue what is going on and the things that we are struggling with. I don't
know how we solve that problem we need to solve it somehow so it is cooperative effort.
But that is an area that we will be looking into also. So, I would ask, the point of the soap
box so to speak, is to look at the overall picture and somewhat personalize it also,
Because some of the things you are asking you wouldn't ask your own relatives or friends,
but yet you are asking that of your neighbors. That concludes my remarks.
Tolsma: Councilmen what is your decision?
Corrie: Mr. President, since I started this off I will be the one that is going to do it. I move
we approve the preliminary plat for Turtle Creek Subdivision.
Morrow: Second
Tolsma: It has been moved and seconded to approve the preliminary plat of the Turtle
Creek Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
Yerrington: Mr. President, t move we have a five minute break.
Corrie: Second
Tolsma: Moved and seconded to take a five minute break.
(FIVE MINUTE BREAK)
Tolsma: Let's call the meeting back to order.
ITEM #17: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR CANNA LILY
ESTATES BY FLOYD AND VICTORIA MADSEN:
Tolsma: At this time I will open the public hearing and invite the developer's
representative to speak first.
MERIDIAN CITY COUNCIL MEETING: July 19.1994
APPLICANT; STEELS AND SON AGENDA ITEM NUMBER: 15
REQUEST: P,~JBLIC HEARING: REQUEST FOR PRELIMINARY PLA'~FOR TURTLE CREEK
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDING8 OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT;
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRIC7 HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
o-P~~~ 7~~
OTHER:
• HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Tre2s:rer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste WaterSupt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888f1433 • FAX (208) 887.4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM
April 9, 1994
TO; MAYOR, CITY COUNCIL, ANNING AND ZONING
FROM; Gary D. Smith, PE A~~ ,
RE; TURTLE CREEK SUBDIVISION
(Annexation, Zoning, Preliminary Plat)
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman • Planning & Zoning
I have reviewed this submittal and offer the following comments for
your information and or use as conditions of the applicant:
1. This parcel is contiguous to existing city limit boundary.
The annexation description excludes a 5 acre parcel at the
southeast corner, where I believe, the Cairns homestead house sets.
This exclusion creates a 5 acre enclave. Why cant this parcel be
included in the annexation?
2. Approximately all of the NE 1/4 of this parcel is shown to be
in a Zone X flood area as determined by FEMA and their Flood
Insurance Rate Map (FIRM). Zone X is defined as areas of 500 year
flood or areas of 100 year flood with average depths of less than
one foot.
3. Does a temporary turnaround need to be provided at the east end
of W. Lonesome Dove St.?
4. The following lots need to have 80 feet of street frontage:
Lots 7,9-Block 4; Lot 8-Block 9; Lot 14-Block 17.
5. Block 12 and Block 14/15/17/18 exceed the 1000 foot ordinance
maximum.
6. Sewer service for a majority of this parcel is dependent on a
sewer line being built in the proposed Turtle Creek Subd. The
remaining area is to sewer into a future phase of Sunnybrook Subd.
An access needs to be coordinated with the Sunnybrook Farms
developer since one wasd not shown on their approved preliminary
plat.
7. Filling of the drain ditch crossing the project will need to be
by engineered fill, compacted and tested to support future house
foundations.
8. Plans for piping of Settlers Ditch need to be approved by the
Settlers Irrigation District.
9. Can the sewer stub at the east end of W. Lonesome Dove St.
provide. future service to the parcels not shown for development.
•
10. The plans for piping the irrigation ditch along a portion of
the south and west boundary need to be coordinated with and
approved by the ditch user(s).
11. Will a pressurized irrigation system be provided to the lots
in this project?
12. City water service to this project is contingent upon a
satisfactory hydraulic analysis being completed by our computer
model for this area.
13. The seasonal high groundwater elevation needs to be
established to assist home builders in setting their bottom of
footing one foot. above that elevation.
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
I
CITY OF MERIDIAN RONALD R. TOLSMA
OBERT D!CORR E
Y D SM THS P.E. City Eng Weer
GAR WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner SZoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning 8 Zoning
Public Works/Building Department (208) 887-2211
MEMORANDI~M GRANT P. KINGSFORD ~ ~~ ~ ~~.:•
Mayor
T0: Planning & Zoning Coaaission, Mao and Council
FROM: Shari L. Stiles, Planning & Zoning Administrator ,, 33'g (f
~"s....z% .. .,
DATE: April 8, 1994
SUBJECT: Annexation and Zoning with a Preliainary Plat for Turtle
Creek Subdivision
This proposed subdivision generally complies with the residential
policies of the Coaprehensive Plan for single-faeily dwellings. The
following iteas need to be addressed and the preliainary plat
resubaitted:
1. West boundary needs to be redesigned to show a collector roadway
between Ustick Road and Chateau.
2. Pedestrian access to Tully Park is needed as well as vehicle
access to Linder Road. Redesign the northeast portion of the plat
to provide pedestrian access.
3. Redesign the northeast portion of the plat to have subdivision
entrance at Linder align with Claire Street so probleas of glare
are ainiaized.
4. Rural residential parcels need to be adequately buffered on all
sides. Plat should be redesigned to show transitional buffering
as identified in Comprehensive Plan policies 6.7U, 6. U, b.9U and
6. 10U.
5. Redesign cul-de-sac portions of preliainary plat to allow
pedestrian pathway connectors to facilitate walking frog all
subdivision areas to the school and Tully Park.
I recoaaend that this project be tabled until the above iteas have been
addressed and the plat resubaitted.
•
MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10. 1994
APPLICANT: TURTLE CREEK SUBDNISION AGENDA ITEM NUMBER: 9
REQUEST: FINDINGS OF FACT AND CONCLUSIONS ~ LAW
EN Y COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
U5 WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
~ e~~
~ ~~
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bass Q~ ~'~~~
~ -~ .~ rp C,~ • ~,-r~
~ ~~~~~~
•
HUB OF TREASURE VALLEY
OFFICIALS
A GOOCI PIaCe t0 L1Ve COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G.BERG,JR.,CityClerk MAXYERRIIVGTON
JANICE L. GASS, City Treasurer CITY OF MERIDI AN ROBERT D. CORRIE
GARY D. SMITH, P.E. City Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO
SHARI STILES
JOHN T, SHAWCROFT, waste Water supt. - Planner 8 zoning Administrator
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman ~ Planning & Zoning
Public Works/Building Department (208) 887-221 I
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning & Zoning Commission, may we have your answer by:
April 5. 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a preliminary plat for Turtle Creek
BY: Steele & Son Ltd. Land Co. and Garv Lee/ JUB Engillieers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Cherry Lane
JIM JOHNSON, P/Z
MOE ALIDJANt, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLA ION(PRELIM & FINAL P
CITY FILES
OTHER: ~ ~ ~~
YOUR CONCISE REMARK
•
HUB OF TREASURE VALLEY
OFFICIALS
A GOOd PIaCe t0 L1Ve COUNCIL MEMBERS
RONALD R, TOLSMA
WILLIAMG.BERG,JA.,CityClerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN (r_pg
~~~
GARY D. SMITH, P.E. City Engineer -"""' MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
M A ~ ~ ARI STILES
inistrator
i
Ad
~~~~
/ 1H ~
KENNY W. BOWERS, Fire Chief IDAHO 83642
MERIDIAN ng
m
n
nr
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney ,
Phone (208) 888-4433 • FAX (208) 887813 yr .y.~ • JIM JOHNSON
~r•~~~ ~~' j~~ng & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning S: Zoning Commission, may we have your answer by:
Aaril 5. 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12194
REQUEST: Annexation/ zoning with a preliminary plat for Turtle Creek
BY: Steele 8f: Son Ltd. Land Co. and Gary Lee/ JUB Engineers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Cherry Lane
JIM JOHNSON, P/Z
MOE ALIDJANt, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
_MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATiON(PRELIM & FINAL PLAT)
CITY FILES ~- ~ ,~ `~ ,
OTHER: Y
YOUR CO CISE REMARKS:
LL COQ h-O Alter ~S L.„LL t1Q.tc9
SUPERINTENDENTOFSCHOOLS
Bob L. Haley
~~~ EXCEL` DEPUTY SUPERINTENDENT
~ _ Dan Mabe, Finance & Administration
'Ln ~ ~ DIRECTORS
~~~\~~~ ~ ~- Sheryl Belknap, Elementary
T e Jim Carberry, Secondary
~qT~~~" i ~~~- ~~ Christine Donnell, Personnel
C~~•~, ~~,t'~~~eiL~~~~;p~i'~ Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208)888-6701
2
Q
~~
March 21, 1994
City of Meridian
33 East Idaho
Meridian, Idaho 83642
RE: Turtle Creek Subdivision
Dear Councilmen:
MQR Z ~ 1994
I have reviewed the application for Turtle Creek Subdivision find
that it includes approximately 245 homes at the median value of
$115,000. We also find that this subdivision is located in
census tract 103.11 and in the attendance zone for Linder
Elementary, Meridian Middle School and Meridian High School.
Using the above information we can predict that these homes, when
completed, will house 102 elementary aged children, 74 middle
school aged children, and 69 senior high aged students. At the
present time Linder Elementary is at 134$ of capacity, Meridian
Middle School is at 126 of capacity and Meridian High School is
at 123 of capacity.
The Meridian School District is not opposed to growth in our
district, however this subdivision will cause increased over-
crowding in all three schools. There is little opportunity to
shift attendance boundaries since the surrounding schools are
also well over capacity. Before we could support this
subdivision, we would need land dedicated to the district or at
least made available at a minimum price for a school site in this
area. The site would need water and sewer service available. In
addition we would need to pass another bond issue for the
construction of schools.
Even if we were willing to use portable classrooms for a year or
two, this project would require four classrooms at the elementary
level, three classrooms at the middle school level and two at
thethe high school level. To build portables ready to occupy
by students will cost approximately $40,000 each. As you can see
the total for nine portables would be $360,000. We would welcome
a meeting with you to find ways of mitigating the projected costs
to the school district.
We are in a difficult position and need your help in dealing with
the impact of growth on schools.
Sincerely,
~~
an Mabe
Deputy Superintendent
DM:gr
• •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
STEELE $ SON LTD. LAND CO.
ANNERATION AND ZONING
A PORTION OF THE NW 1/4 NE 1/4,
SECTION 3, T. 3N., R. 1W., B.M.
TURTLE CREEK SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on April 12, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through its engineer, Gary Lee, and having duly
considered the matter, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That notice. of public hearing on the annexation and zoning
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for April 12, 1994, the first publication
of which was fifteen (15) days prior to said hearing; that the
matter was duly considered at the April 12, 1994, hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were available to
TURTLE CREEK ANNEBATION FF & CL Page - 1
•
newspaper, radio and television stations.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 75.80 acres in size; the property is west of Linder
Road and north of Chateau Drive.
3. That the property is presently zoned by Ada County as
(RT) Rural Transition and the proposed •use would be for R-4
Residential type development; that the Applicant states in his
Subdivision application that the lots would be 8,000 square feet,
that there would be 245 lots in the proposed subdivision; that the
Applicant in its subdivision application states that the minimum
square footage of home would be 1, 400 square feet, that there would
be 3.40 lots per acre, that there would only be single family
homes, that all lots would be 8,000 square feet.
4. The general area surrounding the property is used
agriculturally and residentially; that the residential property is
developed in the R-4, Residential fashion.
5. That the property is adjacent and abutting to the present
City limits.
6. The Applicant is not the owner of record of the property,
but the owners are Vernon and Feirba Cairns, Husband and wife, and
John L Ernest and Anna Beth Ernest, husband and wife; that the
owners have submitted a request or consent to this Application for
annexation and zoning.
7. That the property included in the annexation and zoning
TURTLE CREEK ANNEXATION FF & CL Page - 2
•
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9. That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the present use of the property is
for agriculture; that the intended development of the properly is
for an R-4 subdivision and the subdivision•Application states the
density would be approximately 3.20 dwelling units per acre.
10. The Applicant's representative stated that the
subdivision includes a meandering walkway along Linder Road in the
area adjacent to the development; the meandering walkway and
landscaped buffer will extend into the project along the main
collector highway; an additional ten feet beyond the nine feet
available on the public right of way for landscaping and the
sidewalk; that there will be some berming accomplished along Linder
Road for sound buffering from the traffic on Linder ; that there
will be a homeowners association formed to maintain all the common
areas including the meandering entryway.
11. That Gary Lee addressed some of the comments of City
Engineer, Gary Smith, and such comments of Gary Smith and the
responses of Gary Lee are incorporated herein as if set forth in
full.
12 . That Mr . Lee indicated that he agreed that there w=should
be pedestrian pathways between the cul-de-sacs.
13. That comments were received from the Meridian Police
TURTLE CREEK ANNE]CATION FF & CL Page - 3
a ~
Department, Fire Department, Meridian School District, Ada County
Street Name Committee, Central District Health Department, Nampa &
Meridian Irrigation District, Settlers Irrigation District, Idaho
Power Company, and Shari Stiles the Zoning Administrator submitted
comments and they are incorporated herein as if set forth in full.
14. That in response to questions by Commissioner Hepper, Mr.
Lee agreed that along Linder Road, the home owners will be
restricted from building a solid fence next ~to the split rail fence
that the developer is going to construct there on the berming.
15. There were people testifying at the hearing:
a. Ray Valenti had concerns over traffic stating that
Chateau will bear the brunt of much of the traffic; that
he had concern over the traffic and the school children
that are in the Area.
b. Dory McVae echoed Mr. Valenti's concerns; that she wanted
a 4-way stop at Monaco and Chateau; that Linder School
would be overburdened; that she desired a flashing light
at the entrance to Linder School off Chateau; that the
water pressure was decreasing because of residential
development.
c. Jeff Crowell stated concerns over traffic and that
schools were needed for the children that will be filling
all these homes that are coming.
d. Beverly McKay was concerned about the traffic, school
problems .and crime, and she had concerns over the
irrigation ditch that is close to her property.
e. Cory Sweng stated that he wanted the same buffering that
the Slagle property was receiving and wanted his
irrigation rights preserved. He also desired that the
City require that land be set aside for schools, parks
and recreational uses. He also had questions about the
Cellular One tower that was near this property.
f . Jan DeWeerd testified that the opposed this project; that
" the desired more open space; that the desired the creek
south of the. property to be used for open space; the had
concerns over traffic; the desired that the City and the
TURTLE CREEK ANNEXATION FF & CL Page - 4
•
School District to work together to plan.
g. Diana Brunello had concerns over the schools and their
overcrowding; also the traffic and the speed of the
traffic on Chateau were of great concern to her.
h. Tammy DeWeerd echoed her husband's comments; that she
desired a traffic study and a stop sign at Glenfield and
Chateau; that the disregard for wildlife concerned her.
i. Shirley Slagle had concerns about the school problems;
she questioned what was happening with the entrance to
Chateau; she desired fencing on the back of the property.
j. Paul Jahner stated that he had concerns over the school
situation; that he desired a 4-way stop at the
intersection of Chateau and Monaco Way.
k. Kathy Reirerson stated concerns over traffic and schools;
and she question why there were no dates as to when
things are going to be done; she desired impact fees on
new development.
16. That the property is shown on the Meridian Comprehensive
Plan as being in a Single Family Residential area.
17. That in the Rural Area section of the Comprehensive Plan,
Land Use, Rural Areas, Section 6.3, it does state that land in
agricultural activity should so remain in agricultural activity
until urban services can be provided.
18. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be• developed into. residential subdivision
lots.
19. That the property can be physically serviced with City
water and sewer.
20. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 3 as follows:
TURTLE CREEK ANNEXATION FF & CL Page - 5
•
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or 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 ) dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.";
that the R-4 zoning district requires a minimum of 1,400 square
feet to be included in houses in that zone:
21. That the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc.) for the purpose of providing the City with
a range of affordable housing opportunities."
22. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided .
.'
23. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
24. That the Meridian Comprehensive Plan, under Housing,
Housing Policies, at page 66, it states as follows:
TURTLE CREEK ANNEXATION FF & CL Page - 6
•
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses arrangements), ."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
25. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is likely to continue; that the land is relatively close to
Meridian and economic conditions are making it difficult to
continue farming in the area.
26. That the City Engineer has previously submitted comment
in different applications that a determination of ground water
level and subsurface soil conditions should be made; that such a
comment is equally applicable to this Application.
27. That in prior requests for annexation and zoning in this
area the previous Zoning Administrator has commented that
annexation could be conditioned on a development agreement
including an impact fee to help acquire a future school or park
site to serve the area and that annexations should be subject to
impact fees for park, police, and fire services as determined by
the city and designated in an approved development agreement; that
such comment is equally applicable to this Application.
28. The Meridian School District submitted comment and such
is incorporated herein as if set forth in full; its comment was
that there is no excess capacity in the schools of the District and
TURTLE CREEK ANNEXATION FF ~ CL Pale - ~
• •
that residents of the new subdivision could not be assured of
attending the neighborhood schools; the School District asked for
support for a development fee or a transfer fee to help offset the
costs of building additional schools.
29. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police., emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population. is burdening the schools of the Meridian School
District which provide school, service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
30." That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
TURTLE CREEK ANNEXATION FF ~ CL Page - 8
• •
development fee or a transfer fee on residential property, which,
if possible, would be retroactive ,and apply to all residential lots
in the City because of the imperilment to the health, welfare, and
safety of the citizens. of the City of Meridian.
31. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide." '
32. 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."
33. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
34. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear .open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
TURTLE CREEK ANNEXATION FF & CL Page - 9
•
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
35. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City Urban Service Planning Area. The
Commission and Planning and Zoning Commission shall consider
the Bicvcle-Pedestrian Desictn Manual for Ada County (as
prepared by Ada County Highway District) when reviewing
bicycle and pedestrian pathway provisions within developments.
36. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-4I7 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
TURTLE CREEK ANNERATION FF & CL Page - 10
3. That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho Code,
Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with. '
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the annexation is contiguous to the
present City limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant, which is not the titled owner, and the annexation is not
upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, Section 11-9-605 M., which pertains to the tiling of
ditches and water ways, and Section 11-9-606 B 14, which pertains
TURTLE CREEK ANNE7CATION FF & CL Page - 11
• •
to pressurized irrigation; that the Applicant will be required to
connect to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a condition of annexation the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11-2-417 D;-that the development
agreement shall address the inclusion into the subdivision of the
requirements of 11-9-605 C, G., H 2, K, L and prior comments of the
previous Planning Director, Wayne Forrey, relating to the lack of
adequate recreation facilities and that land set aside for a future
park would be desirable,. that the City is in need of land set-
asides for future public service use, that a school site was not
reserved; that the development agreement shall, as a condition of
annexation, require that the Applicant, or if required, any
assigns, heirs, executors or personal representatives, pay, when
required, any development fee or transfer fee adopted by the City;
that there shall be no annexation until the requirements of this
paragraph are met or, if necessary, the property shall be subject
to de-annexation and loss of City services, if the requirements of
this paragraph are not met.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning.
Application is in conformance with the Comprehensive Plan.
11. That the requirements of the Meridian City Engineer,
including those he specifically stated in his comments and those
stated herein in these Findings and Conclusions and at the public
TURTLE CREEK ANNEXATION FF & CL Page - 12
• •
hearing, and of the Ada County Highway District, if submitted,
Nampa & Meridian Irrigation District, Meridian Fire Department,
Idaho Power, and the- prior comments of the Meridian Planning
Director referenced herein., shall be met and addressed in a
development Agreement.
12. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled the property shall be
subject to de-annexation; that the Applicant shall be required to
install a pressurized irrigation system, and if not so done the
property shall be subject to de-annexation.
13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled. by the Subdivision and Development
Ordinance; that, as a condition of annexation, the Applicant shall
be require#d to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement shall
address the inclusion into the subdivision of the requirements of
11-9-605 C, G 1, H 2, K, L; that the development agreement shall,
as a condition of annexation, require that the Applicant, or if
required, any assigns, heirs, executors or personal
representatives, pay, when required, any impact, development, or
transfer fee, adopted by the City; that .there shall be no
annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss
of City services, if the requirements of this paragraph are not
TURTLE CREEK ANNEXATION FF & CL Page - 13
•
met.
14. That the house size representation of 1,400 square feet
must be met.
15. That proper .and adequate access to the property is
available and will have to be maintained.
16. That these conditions shall-run with the land and bind
the applicant and its assigns.
17. With compliance of the conditions contained herein, the
annexation and zoning of R-4 Residential would be in the best
interest of the City of Meridian.
18. That if these .conditions of approval are not met the
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
~'
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
~
CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~
DECISION AND RECOI~IENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the ity Planning and Zoning Commission f the City of Meridian
TURTLE CREEK ANNERATION FF & CL ~~ h ~ Page - 14
~ ~
that they approve the annexation and zoning as stated above far the
property described in the application with the conditions set forth
in the Findings of Fact and Conclusions of Law and that the
Applicant and owners be specifically required to the all ditches,
canals and waterways and install a pressurized irrigation system as
conditions of annexation, and that the Applicant meet all of the
Ordinances of the City of Meridian, specifically including the
development time requirements and enter into the required
development agreement, and that if the conditions are not met that
the property be de-annexed.
MOTION:
APPROVED: DISAPPROVED:
TURTLE CREEK ANNEXATION FF & CL Page - 15
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SUBDIVISION EVALUATION SHEET
~EC1EI~lED
Proposed Development Name TURTLE CREEK SUB City IVIERIO~~_
Date Reviewed 3/24/94 Preliminary Stage XXXXX Fir~el~TV flt~ i~E~~D1AId
EngineerlDeveloper J-U-B Engr / Steele & Son Ltd Land Co
The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee
per the requirements of the IDAHO STATE CODE. /
T RTLE REEK UBDIVISI N ~te ~3~( ~3 ~~~~
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall anoear on the plat as•
"W. CHERRY LANE"
"N. CINDER ROAD"
"N. TEN MILE ROAD"
"W. USTICK ROAD"
"N. KUBIK STREET"
"N. MONACO STREET"
The following new street names are ao~roved and shall aonear on the plat as•
"N. WHITEBIRD WAY"
"N. WHITELAW PLACE"
"W. REDSTONE DRIVE"
"N. SPRINGTIME AVENUE"
"W. FAIRLEE COURT"
"W. OLD MILL DRIVE"
"N. DULCINEA WAY"
"W. RASPBERRY DRIVE"
"N. FAIR HAVEN WAY"
"N. MIDDLEBURY WAY"
"N CINNAMON PLACE"
The following ~roaosed street names are over ten letters in length and must have verification
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CENTRAL REVIEW SHEET
•• DISTRICT Environmental Health Division Return to:
~'1'rHEALTH R~~~~~~~- ^ Boise
DEPARTMENT MAR 7 4 1994 ^ Eagle
Rezone # ^ Garden city
~ B .=r ' ~ ~ Meridian
C ' ' al Use #
^ Kuna
Preliminary / final /Short Plat ~2TLG-"~ G~~;~ S~IB~/t//S /or•1 ^ ACz
^ I. We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
® 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
~ central sewage ^ community sewage system ^ community water well
^ interim sewage (~ central water
^ individual sewage ^ individual water
8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
® central sewage ^ community sewage system ^ community water
^ sewage dry lines ~ central water
® 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I . If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
® 13. .S-7'a v/ir52~ ~A~ ~-~ S`iftl~ N aT ~~ 6/1/rr~ ~ Date: ~ / a ( /~
(,~//rt-i'~tZ- c ;J d,9~U ?~,i . ~O C vNC-t'T~ T/t-~ o ~J ~'~'V4-t l l~s Reviewed By:
`I~rr~~i~~ `Tyt~+'~7' ~FrtonlS %~S err, ~ a .
CDND 10/91 rtD, rev. I I/93 jll
...
• HUB OF TREASURE VALLEY
OFFICIALS COUNCIL MEMBERS
A GOOd P1aCt; t0 L1Ve RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON
GARIY D. SM THS P.EyCity Eng Weer CITY OF MERIDIAN ROBERT D. CORRIE
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES
KENNY W. BOWERS, Fire Chief ~E~~~~ ~~'IERIDIAN, IDAHO $3642 ,~ ^ - Planner a Zoning Administrator
W.L. "BILL" GORDON, Police Chief ~ I~ rf -~ Q ~ /f ~(~ JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 U tI L~ `VJ v 3~/nan ~ Planning & Zoning
A ~ ~ !. ~~~Works/Building Department (208) 88'7-2211
fi 'Trf,RANT P. KINGSFORD 17 MAR 1994 .
C,~~~' ~: 1L~Dri~1~~ Mayor NAMPA & MERIDIAN
IRRIGATION DISTRICT '
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 8~ Zoning Commission, may we have your answer by:
Aril 5. 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a areliminary plat for Turtle Creek
BY: Steele & Son Ltd. Land Co. and Gary Lee/ JUB Engilrieers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Cherry Lane
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, PIZ ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT
BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C U.S. WEST(PRELIM 8t FINAL PLAT)
MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT BUREA! 1 OF REC~I~!!AT!C~~!(pREL!R4 ~ !~!!N4L P~~:T}
SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT OTHER:
FIRE DEPARTMENT YOUR CONCISE REMARKS: amps & Meridian Irrigation District's
POLICE DEPARTMENT Fivemile Stub Drain enters the middle of the project and goes to
CITY ATTORNEY the east to Settlers Canal. The right-of-way of the Fivemile Stub
CITY ENGINEER Drain is 60 feet : 30 feet from the center each way. See Idaho Code
_CITY PLANNER 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
The developer must contact Jo hn Anderson or Bill Henson at 466-0663 or 345-2431 for approval
before anv encroachment or change of ri;?ht-of-wav occurs. This District requires that a
Land Use Change/Site Develop ment application be filed for review prior to final platting.
Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste
wa~~~ n,,,~r ho protected Mun icipal surface drainage must be r ain don site. If any surface
drain^g le^vPS he si ~ Na mpa &M idian Tr iga ion 1)'strict must review drainag,~nlans. It
iS rPCnmmPndPd that irrigatio n avatar ha m da a~~ailahla to all rlavaln~mantc within Nampa&
eridi
an Irrigation District .
M
~~
^^
1~
n
Foremen, Nampa
Bill Henso & Meridian Irrigation District
i ~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
Sincerely,
DAREN R. COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/dnm
cc: File
Water Superintendent
Steele & Son Ltd. Land Co.
City of Meridian
enc.
Gary A. Lee
J-U-B Engineers, Inc.
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Boise 345-2431
RE• Land Use Change Application for Turtle Creek subdivision
Dear Mr. Lee:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above-
referenced development.
Enclosed also is a complete packet of information concerning Land
Use Change, urban irrigation, and exclusion.
If you have any questions concerning this matter please feel free
to call on Donna Moore at the District's office or John Anderson,
the District's Water Superintendent at the District's shop.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGFITS -40,000
22 March 1994
S~LERS' IRRIGATION DIST~T
P.O. BOX 7571 • BOISE, IDAHO 83707
PHONE 344-2471
~~~~~~~~
MAR 2 1 1994
C1T~` ~~= ~~~~t~rHr'~
March 18, 1994
City of Meridian
Planning & Zoning
33 East Idaho
Meridian, Idaho 83642
Re: Turtle Creek Subdivision
To Whom It May Concern:
On March 14, 1994, I discussed this subdivision with Gary Lee of JUB Engineem and
approved his plans to pipe the Settlers' south side canal from Tully Park to where the canal
enters Glennfield Subdivision. I will be in contact with Mr. Lee as to the details.
I also discussed with Mr. Lee the requirement that since this subdivision does lie within the
Settlers Irrigation District, the developer will be required to provide a pressurized irrigation
system so that the homeowners might access their irrigation water. Settlers will not accept
airy drainage into it's system from the subdivision.
If you have airy questions regarding this, please phone me at 343-5271.
Sincerely,
c~ GwJ
Tro LJ U haw, er
Y Ps ~~
Settlers Irrigation District
Gary Lee, JLJB Engineers
TLU/vrk
HUB OF TREASURE VALLEY • _
COUNCIL MEMBERS
OFFICIALS A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer T1 ~'1
~T ^ V O H MERIDIAN
1 - MAX YERRINGTON
ROBERT D. CORRIE
MORROW
WALT W
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt. 1 1
1
33 EAST IDAHO .
SHARI STILES
Planner 8 Zoning Administrator
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Flre Chfef
chief
li
P
" MERIDIAN, IDAHO 83642 _
~ '[~~'N(.1~HNSON
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GORDON,
W.L. "BILL phone (208) 888.4433 • FAX (208) 887813 on
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WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-221 I
APR 0 6 1994
GRANT P. KINGSFORD
Mayor
C~TIt ~ `r• ~~~I;.~tt~rA
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 8~ Zoning Commission, may we have your answer by:
April 5, 1994
TRANSMITTAL DATE: 3/14194 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a preliminary plat fior Turtle Creek
BY: Steele ~ Son Ltd Land Co and Gary Lee/ JUB Engineers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Cher Lane
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, PIZ
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8t 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 8t FINAL PLAT)
INTERMOUNTAIN GAS(PRELiM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
We require a permanent 10-foot wide public utilities
easement along all lots adjacent to a road right-of-way
dedicated to public or private used A~S ~~~~T~`'r
SN~ow~t ON p,¢~~l„a-NMey Pc.A+r.
Tim Adams ~ A'~A*+S
Idaho Power ~-~~q~
322-2047
,. •
John and Shirley Slagle
2415 N. Linder Road
Meridian, ID 83642
Ms. Shari Stiles
Planning Director
City of Meridian
33 E. Idaho Street
Meridian, ID 83642
Re: Public Hearing for Cairns Annexation and Turtle Creek
Subdivision Preliminary Plat
Dear Ms. Stiles:
We own property adjacent to the above development and are
located within 300 feet of its boundary (at the Southeast
corner of the development). We just recently purchased this
property, in February, 1994, from the Cairns family.
It is our understanding that all property owners within 300
feet of the proposed development are entitled to receive a
notification of Public Hearing through a certified mailing.
We did not receive this notification because the Engineer,
Gary Lee from J-U-B Engineers, did not have our names on the
mailing list. Mr. Lee has explained to us that the list was
made before we purchased the property and mistakenly left
our name off the list.
We desire that the previously scheduled Public Hearing for
April 12, 1994 be allowed to proceed as advertised and
planned. In addition, we hereby waive any statutory notice
requirements and have no objection to the Public Hearing
proceeding as originally scheduled.
Thank you for your consideration in this matter.
Sincerely,
J hn Slagle
Shirley lagle
•
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., Clty Clerk
GASS. City Treasurer
JANtCE L /A~ '~Vj
CITY OF MERIDI MAX YERRItJGTON
ROBERT 0. CORRIE
. l ~1 \ WALT W. MORROW
GARY D. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO SHARI STILES
t
JOHN T. SHAWCROFT, waste water supt. or
planner 6 Zoning Administra
KENNY W. BOWERS, Fire chief
f MERIDIAN, IDAHO 83642
r
,
'.
JIM JOHNSON
W.L. "BILL" GORDON. Police Chie ~. ~ ° ~~
~`
Phone (208) 888-0433 • FAX (208) 887-4813 ~e Chairman ~ Planning 8 Zoning
WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD " I' I ~ ~ '
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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 8~ Zoning Commission, may we have your answer by:
Aaril 5, 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a preliminary plat for Turtle Creek
BY: Steele ~ Son Ltd Land Co and Gary Lee/ JUB Engineers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Che Lane
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFiCE(PRELIM 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
• •
STEELE & SONS LTD. LAND COMPANY
3350 Americana Terrace, Suite 350
Boise, ID 83706
208.342-2638 -Telephone
208.3449180 -Fax
June 2.2 ; 1994-
TN IZYLE C12~K
Mr. and Mrs. John Slagle
2415 N. Linder Rd.
Meridian, ID 83604
Dear Mr. and Mrs. Slagle:
On June 21 my request for annexation and rezone was heard by the Meridian City Council.
The Council expressed concern over the fact that my application did not include the 5 acre
parcel owned by you. They do not wish to create an enclave within the city. An enclave,
such as your property, creates problems in providing city services.
The City Council asked that I j~equest you to file an application for annexation. Comments
made by the City Council clearly indicate that they feel your parcel should be included
within the city limits.
If I can assist you in preparing your application, please let me know.
Very truly yours,
~ ~^',;~1
_~.. ~ '~ ~ Cam' "",.
~~
Jon M. Steele
JMS:kh
cc - Gary Lee/JUB Engineers
Gary Smith, P.E.
REC~'/VED
JUN 2 3 1994
Meridian
City Engineer
~~~~r~~
.~ U P~ 2 3 i99~
ICI'L'Y ~~ ~E~R~~IAN
Meridian City Council
June 21, 1994
Page 22
conclusions of law as prepared for P & Z for Fire Light Estates subdivision, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Kingsford: The next item would be to have the City Attorney prepare and annexation and
zoning ordinance.
Morrow: So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the City Attomey prepare an ordinance
annexing and zoning all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR
TURTLE CREEK SUBDIVISION BY STEELE AND SONS AND JUB ENGINEERS:
Kingsford: At this time I will open the public hearing and invite the owner or his designee
to speak first.
Gary Lee, 1750 North Summertree, Meridian, was sworn by the City Attorney.
Lee: The request before you this evening is an annexation and zoning for a parcel of land
that is known as the Cairn's property. It is situated on Linder Road south of Ustick and
North of Cherry Lane. It is comprised of about 75 acres of property. It is bordered to the
west by Sunnybrook Farms and part of Fieldstone subdivisions. It is bordered to the south
by various phases of Glennfield Manor subdivision and bordered to the east by the
proposed Tulley park. In addition there is a land development to the north called Tumble
Creek that Mr. Stubblefield and his group are proposing. This particular piece of ground
is currently zoned RT in the county. It has been out of production for a few years, it used
to be an agricultural pasture land piece of property owned by the Cairn's for many years.
They did sell a 5 acre parcel to some people at the southeast corner that is not included
in the annexation request. They have included their home site the Cairn's homesite along
with additional acreage for about 3 acres along Linder Road. There was a preliminary plat
submitted with the annexation request on this development. At P & Z the annexation of
course was recommended as a favorable recommendation to the City Council, however,
the preliminary plat was held back one meeting to make some modifications to it in
Meridian City Council
June 21, 1994
Page 24
Lee: It is included in the annexation but it is not in the plat.
Tolsma: (Inaudible)
Kingsford: Well, I would certainly like Mr. Lee I don't know if Council will support me on
that but I would like for that 5 acres to be included as part of this ordinance if that is the
Council's pleasure to annex. Unless it is something earth shattering that would prevent
that.
Crookston: If they were going to amend their application since this particular parcel was
not included we would have to have P & Z hearings and an additional Council hearing to
add it to this annexation.
Kingsford: But I think we could have a request to annex this.
Crookston: You can have the request but we still have to hold those hearings.
Kingsford: I understand that.
Lee: Separate hearings for the 5 acre parcel?
Kingsford: Yes
Lee: This is the developer Mr. Steele he may want to speak to that issue.
John Steele, 3350 Americana Terrace, Boise, was swum by the City Attorney.
Steele: It would be a lot cleaner to have that 5 acre enclave included in the annexation.
Originally it was planned to be included, Mr. and Mrs. Calms sold that property in February
just before we filed our original application for annexation and rezone. I don't know the
position of the Slagle's who own that property whether they would want to be included or
not. I am not sure that you actually need their approval to annex them in any case. But
t can certainly understand your position that it would be cleaner to have it included.
Kingsford: Well, state code has topics about 5 acres there is also some expense that we
don't want to be involved in that ought to be handled by developers. That was my
reasoning.
Steele: Do I understand you would like us to make a request of the Slagle's that they be
included, that would be reasonable.
•
Meridian City Council
June 21, 1994
Page 25
•
Kingsford: Not to be included because as the Counselor said this needs to proceed on its
own, but if we could have assurance from them that they would like to be annexed then we
could look much more favorably upon this annexation.
Steele: We certainly will make that request of the Slagle's and do our best to see that they
are part of an annexation process.
Kingsford: Any questions for Mr. Steele? Thank you, anyone else from the public that
would like to offer testimony on this issue?
Bev Donahue, 3775 North Locust Grove, was sworn by the City Attorney.
Donahue: I have one question regarding this subdivision, does the developer know what
School District's these children wt11 be going to?
Kingsford: You are speaking to the attendance zone I believe, it is all Meridian School
District.
Donahue: It is Meridian School, but what specified school will the children be going to,
does the developer know ahead of time or is it after all the homes are built and the lots are
purchased? Because the problem I am having is 1 have been calling random some of these
developments with lots for sale and reading the newspaper specified where #hese children
are going to be going to school and the response I have been getting is either call the
Meridian School District which is a fair one or they are telling untruths which school these
children will be going to. Being annexed into the City of Meridian, I think that Meridian
should have some responsibility to make sure like in the homeowners association that the
people are being told the truth, your children will not be going to the nearby school or they
will be bussed to a different school. Because that is not fair to these new people if they
are moving out of state or wherever they are being tied to right upfront.
Kingsford: That is an excellent point Beveraly and that should probably be in the
covenants, the School District does provide that letter that the School is full and kids may
not be able to attend that. With regard to your first comment it is in the Linder attendance
zone it is in Meridian Middle School attendance zone, Meridian High Schoo! zone but they
do specify that those schools are full and may not be able to accommodate those children.
So your point is well taken that it ought to be a broach to the people as they go abut
purchasing.
Donahue: Thank you
Kingsford: Anyone else from the public that would like to offer testimony on this issue?
Meridian City Council
July 5, 1994
Page 11
Yerrington: If that was a motion then I second.
Morrow: It was a comment but 1 will make it a motion.
Yerrington: Then I second
Kingsford: Moved by Walt, second by Max to table this until July 19th meeting, allowing
staff time to review those amended CC&R's, all those in favor? Opposed?
MOT10N CARRIED: All Yea
ITEM #6: TABLED AT JUNE 21, 1994 MEETING: TURTLE CREEK ANNEXATION AND
ZONING REQUEST (TABLED DUE TO 5 ACRE ADJACENT PARCEL):
Kingsford: Has that been reviewed to the satisfaction of Counselor and staff?
Crookston: I have not seen anything on it.
Corrie: Mr. Mayor, I have a question, is the representative here. I was asked by phone
the other day, is this part of that tower?
Lee: No, that 5 acres that you are speaking of is not. There was a letter prepared by a
John Steele the developer on June 22nd right after the Council meeting and sent to Mr.
and Mrs. John Slagle addressing the fact that their 5 acre parcel would create an enclave
and it goes on further to request that they join in in some sort of annexation. And that
letter was sent to them on the 22nd and a copy sent to the City. So, they have had that for
some time now. Again, this parcel is not owned by the Cairn's or Mr. Steele this parcel
was deeded off prior to this project being developed. I don't know if it was pointed out, the
last meeting the original 80 acre parcel of the Cairn's was an enclave in itself, it was
surrounded by city limits before this application came before you.
Slagle: I am the owner of this 5 acre parcel I would like to clear this up if I may.
Kingsford: Well, let's do that by all means.
Slagle: My name is John Slagle and i am the owner of the 5 acre parcel. We have tried
to contact John Steele, he has been out of town, t understand he was supposed to be back
in town today. I guess this is a good time to bring it up right now, we have no plans on
annexation. We don't want to be annexed and we plan on keeping our 5 acre parcel the
way it is. We presently are rural regulated and are taxed by the great State of Idaho, we
are rural regulated and taxed by Ada County and don't really have any intention of being
• •
Meridian City Council
July 5, 1994
Page 12
regulated and taxed by the City of Meridian if we can help. And that is our answer. Any
questions?
Kingsford: Questions for Mr. Slagle? Thank you, is Council ready to take action on the
annexation and zoning request for Turtle Creek.
Corrie: Mr. Mayor, what is the State law on, is 5 acres and over or 5 acres and under?
Kingsford: For forced annexation?
Crookston: It is a 5 acre parcel the City can annex without a request for annexation if it
is totally surrounded by the City regardless of size the City can annex.
Corrie: Thank you
Morrow: Mr. Mayor, I think my thoughts at this time concerning this parcel of ground would
be is that we are beginning to accumulate several of those and maybe at a point in the
near future I know it has been the policy of the City to not force annex anything but where
we are creating situations with respect to enclaves in particular its tough for our police
department, it is tough our life services and essential services to differentiate between
what is annexed and what isn`t especially when the parcels are as small as 5 acres or
less. It would appear to me in the interest of time that we move ahead with this particular
project at a date in the near future as a Council we address the annexation of all of these
small parcels that are beginning to create problems for our essential services.
Kingsford: The reason for the tabling at the last meeting was to see if we couldn't do these
at the same expense and not these hanging over. Obviously that is not the desire of Mr.
Slagle. Probably about 1980 or 1982 was the last time the City forced annexation and it
was of a similar nature. I think we took in some 13 parcels, most of them were small in
nature that were totally surrounded by the City and your comments might be appropriate.
That is something #hat we ought to look at, of course for those people that it would
encompass there would be a hearing and it would be noticed. There would be a hearing
and that discussion would take place later. is there a motion to have the City Attorney to
prepare an ordinance annexing and zoning.
Morrow: So moved
Corrie: Second
Kingsford: Did we not approve the findings last meeting? I thought that we had. The only
thing that would have been different would have been the 5 acre parcel annexation, would
' • •
Meridian City Council
July 5, 1994
Page 13
that be accurate Counselor?
Crookston: Yes
Kingsford: In any event I would entertain a motion to approve of the findings provided by
P & Z.
Morrow: Do you wish me to withdraw the motion for the.ordinance?
Kingsford: Yes
Morrow: I withdraw the motion to instruct the City Attorney to prepare the Ordinance.
Corrie: I withdraw the second
Kingsford: Is there a motion to approve the findings?
Yerrington: So moved
Morrow: Second
Kingsford: Moved by Max, second by Walt to approve the findings of fact and conclusions
of law as prepared by P & Z on the Turtle Creek annexation and zoning request, roll call
vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion to have the City Attorney prepare an annexation and zoning
ordinance?
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Wait, second by Max to have the City Attorney prepare annexation
and zoning ordinance all those in favor? Opposed?
MOTION CARRIED: All Yea
~'"~
Meridian City Council
.fuly 5, 1994
Page 14
ITEM #7: ORDINANCE #655 -FIRE LIGHT ESTATE ANNEXATION:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS AN IRREGULAR TRACT OF
LAND LYING IN LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there
anyone from the public that would like Ordinance No. 655 read in its entirety? Entertain
a motion on Ordinance No. 655.
Morrow: So moved
Corrie: Mr. Mayor i would also add subject to suspension of the rules.
Morrow: So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve Ordinance No. 655 with suspension
of the rules, roll Call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE N0.656 -WEST ONE REZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A TRACT OF LAND SITUATED IN A PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE. Is there anyone from the public that would like Ordinance No. 656
read in its entirety? Entertain a motion on Ordinance No. 656.
Yerrington: Mr. Mayor, I make a motion that we approve No. 656 with suspension of the
rules.
Corrie: Second
Kingsford: Moved by Max, second by Bob to approve Ordinance No. 656 with suspension
of the rules, roll call vote.
C;
MERIDIAN CITY COUNCIL MEETING: June 27.1994
APPLICANT: STEEL AND SONS AND JUB AGENDA ITEM NUMBER: 16
ENGINEERS
REQUEST: PUBLIC H„~ARING• ANNEXATION AND ZONING FOR TURTLE, CREEK SUBDMSION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN P05T OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED GOMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS ~i 7`
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C~Op~(
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
STEELE $ SON LTD. LAND CO.
.ANNEXATION AND ZONING
A PORTION OF THE NW 1/4 NE 1/4,
SECTION 3, T. 3N., R. 1W., B.M.
TURTLE CREEK SUBDIVISION
MERIDIAN, IDAHO '
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on April 12, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through its engineer, Gary Lee, and having duly
considered the matter, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That notice. of public hearing on the annexation and zoning
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for April 12, 1994, the first publication
of which was fifteen (15 ) days prior to said hearing; that the
matter was duly considered at the April 12, 1994, hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were available to
TURTLE CREEK ANNEXATION FF & CL Page - 1
•
newspaper, radio and television stations.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 75.80 acres in size; the property is west of Linder
Road and north of Chateau Drive.
3. That the property is presently zoned by Ada County as
(RT} Rural Transition and the proposed •use would be for R-4
Residential type development; that the Applicant states in his
Subdivision application that the lots would be 8,000 square feet,
that there would be 245 lots in the proposed subdivision; that the
Applicant in its subdivision application states that the minimum
square footage of home would be 1,400 square feet, that there would
be 3.40 lots per acre, that there would only be single family
homes, that all lots would be 8,000 square feet.
4. The general area surrounding the property is used
agriculturally. and residentially; that the residential property is
developed in the R-4, Residential fashion.
5. That the property is adjacent and abutting to the present
City limits.
6. The Applicant is not the owner of record of the property,
but the owners are Vernon and Feirba Cairns, Husband and wife, and
John L Ernest and Anna Beth Ernest, husband and wife; that the
owners have submitted a request or consent to this Application for
annexation and zoning.
7. That the property included in the annexation and zoning
TURTLE CREEK ANNEXATION FF & CL Page - 2
•
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9. That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the present use of the property is
for agriculture; that the intended development of the property is
for an R-4 subdivision and the subdivision~Application states the
density would be approximately 3.20 dwelling units per acre.
10. The Applicant's representative stated that the
subdivision includes a meandering walkway along Linder Road in the
area adjacent to the development; the meandering walkway and
landscaped buffer will extend into the project along the main
collector highway; an additional ten feet beyond the nine feet
available on the public right of way for landscaping and the
sidewalk; that there will be some berming accomplished along Linder
Road for sound buffering from the traffic on Linder ; that there
will be a homeowners association formed to maintain all the common
areas including the meandering entryway.
il. That Gary Lee addressed some of-the comments of City
Engineer, Gary Smith, and such comments of Gary Smith and the
responses of Gary Lee are incorporated herein as if set forth in
full.
12 . That Mr . Lee indicated that he agreed that there w=should
be pedestrian pathways between the cul-de-sacs.
13. That comments were received from the Meridian Police
TURTLE CREEK ANNEXATION FF & CL Page - 3
•
Department, Fire Department, Meridian School District, Ada County
Street Name Committee, Central District Health Department, Nampa &
Meridian Irrigation District, Settlers Irrigation District, Idaho
Power Company, and Shari Stiles the Zoning Administrator submitted
comments and they are incorporated herein as if set forth in full.
14. That in response to questions by Commissioner Hepper, Mr.
Lee agreed that along Linder Road, the home owners will be
restricted from building a solid fence next ~to the split rail fence
that the developer is going to construct there on the berming.
15. There were people testifying at the hearing:
a. Ray Valenti had concerns over traffic stating that
Chateau will bear the brunt of much of the traffic; that
he had concern over the traffic and the school children
that are in the Area.
b. Dory McVae echoed Mr. Valenti's concerns; that she wanted
a 4-way stop at Monaco and Chateau; that Linder School
would be overburdened; that she desired a flashing light
at the entrance to Linder School off Chateau; that the
water pressure was decreasing because of residential
development.
c. Jeff Crowell stated concerns over traffic and that
schools were needed for the children that will be filling
all these homes that are coming.
d. Beverly McKay was concerned about the traffic, school
problems and crime, and she had concerns over the
irrigation ditch that is close to her property.
e. Cory Sweng stated that he wanted the same buffering that
the Slagle property was receiving and wanted his
irrigation rights preserved. He also desired that the
City require that land be set aside for schools, parks
and recreational uses. He also had questions about the
Cellular One tower that was near this property.
f . Jan DeWeerd testified that ~he opposed this project; that
" the desired more open space; that the desired the creek
south of the. property to be used for open space; the had
concerns over traffic; the desired that the City and the
TURTLE CREEK ANNEXATION FF & CL Page - 4
School District to work together to plan.
g. Diana Brunello had concerns over the schools and their
overcrowding; also the traffic and the speed of the
traffic on Chateau were of great concern to her.
h. Tammy DeWeerd echoed her husband's comments; that she
desired a traffic study and a stop sign at Glenfield and
Chateau; that the disregard for wildlife concerned her.
i. Shirley Slagle had concerns about the school problems;
she questioned what was happening with the entrance to
Chateau; she desired fencing on the back of the property.
j. Paul Jahner stated that he had concerns over the school
situation; that he desired a 4-way stop at the
intersection of Chateau and Monaco Way.
k. Kathy Reirerson stated concerns over traffic and schools;
and she question why there were no dates as to when
things are going to be done; she desired impact fees on
new development.
16. That the property is shown on the Meridian Comprehensive
Plan as being in a Single Family Residential area.
17. That in the Rural Area section of the Comprehensive Plan,
Land Use, Rural Areas, Section 6.3, it does state that land in
agricultural activity should so remain in agricultural activity
until urban services can be provided.
18. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision
lots.
19. That the property can be physically serviced with City
water and sewer.
20. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 3 as follows:
TURTLE CREEK ANNEXATION FF & CL Page - 5
•
•
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or 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) dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.";
that the R-4 zoning district requires a minimum of 1,400 square
feet to be included in houses in that zone:
21. That the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc.) for the purpose of providing the City with
a range of affordable housing opportunities."
22. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided .
.'
23. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
24. That the Meridian Comprehensive Plan, under Rousing,
Housing Policies, at page 66, it states as follows:
TURTLE CREEK ANNEXATION FF & CL Page - 6
•
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses arrangements), ."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background.."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
25. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is likely to continue; that the land is relatively close to
Meridian and economic conditions are making it difficult to
continue farming in the area.
26. That the City Engineer has previously submitted comment
in different applications that a determination of ground water
level and subsurface soil conditions should be made; that such a
comment is equally applicable to this Application.
27. That in prior requests for annexation and zoning in this
area the previous Zoning Administrator has commented that
annexation could be conditioned on a development agreement
including an impact fee to help acquire a future school or park
site to serve the area and that annexations should be subject to
impact fees for park, police, and fire services as determined by
the city and designated in an approved development agreement; that
such comment is equally applicable to this Application.
28. The Meridian School District submitted comment and such
is incorporated herein as if set forth in full; its comment was
that there is no excess capacity in the schools of the District and
TURTLE CREEK ANNE7CATION FF & CL page - 7
•
that residents of the new subdivision could not ~be assured of
attending the neighborhood schools; the School District asked for
support for a development fee or a transfer fee to help offset the
costs of building additional schools.
29. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police., emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population. is burdening the schools of the Meridian School
District which provide school. service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
30.~ That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
TURTLE CREEK ANNEXATION FF & CL page - $
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all residential lots
in the City because of the imperilment to the health, welfare, and
safety of the citizens. of the City of Meridian.
31. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
32. 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."
33. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
34. That Section 11-9-605 K states as follows:
"The -extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
TURTLE CREEK ANNEXATION FF & CL page - 9
•
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
35. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City Urban Service Planning Area. The
Commission and Planning and Zoning Commission shall consider
the Bicycle-Pedestrian Design Manual for Ada County (as
prepared by Ada County Highway District) when reviewing
bicycle and pedestrian pathway provisions within developments.
36. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
TURTLE CREEK ANNEXATION FF & CL Page - 10
~ i
3. That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho Code,
Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the annexation is contiguous to the
present City limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant, which is not the titled owner, and the annexation is not
upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls~_ 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, Section 11-9-605 M., which pertains to the tiling of
ditches and water ways, and Section 11-9-606 B 14, which pertains
TURTLE CREEK ANNEXATION FF & CL Page - 11
• •
to pressurized irrigation; that the Applicant will be required to
connect to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance; that, as a condition of annexation the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11-2-417 D; that the development
agreement shall address the inclusion into the subdivision of the
requirements of 11-9-605 C, G. , H 2, K, L and prior comments of the
previous Planning Director, Wayne Forrey, relating to the lack of
adequate recreation facilities and that land set aside for a future
park would be desirable,, that the City is in need of land set-
asides for future public service use, that a school site was not
reserved; that the development agreement shall, as a condition of
annexation, require that the Applicant, or if required, any
assigns, heirs, executors or personal representatives, pay, when
required, any development fee or transfer fee adopted by the City;
that there shall be no annexation until the requirements of this
paragraph are met or, if necessary, the property shall be subject
to de-annexation and loss of City services, if the requirements of
this paragraph are not met.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
11. That the requirements of the Meridian City Engineer,
including those he specifically stated in his comments and those
stated herein in these Findings and Conclusions and at the public
TURTLE CREEK ANNEXATION FF & CL Page - 12
hearing, and of the Ada County Highway District, if submitted,
Nampa & Meridian Irrigation District, Meridian Fire Department,
Idaho Power, and the prior comments of the Meridian Planning
Director referenced herein., shall be met and addressed in a
development Agreement.
12 . That all ditches, canals, .and waterways shall be tiled as
a condition of annexation and if not so tiled the property shall be
subject to de-annexation; that the Applicant shall be required to
install a pressurized irrigation system, and if not so done the
property shall be subject to de-annexation.
13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled. by the Subdivision and Development
Ordinance; that, as a condition of annexation, the Applicant shall
be require#d to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement shall
address the inclusion into the subdivision of the requirements of
11-9-605 C, G 1, H 2, K, L; that the development agreement shall,
as a condition of annexation, require that the Applicant, or if
required, any assigns, heirs, executors or personal
representatives, pay, when required, any impact, development, or
transfer fee, adopted by the City; that .there shall be no
annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss
of City services, if the requirements of this paragraph are not
TURTLE CREEK ANNEXATION FF & CL Page - 13
~ ~
met.
14. That the house size representation of 1,400 square feet
must be met.
15. That proper .and adequate access to the property is
available and will have to be maintained.
16. That these conditions shall run with the land and bind
the applicant and its assigns.
17. With compliance of the conditions contained herein, the
annexation and zoning of R-4 Residential would be in the best
interest of the City of Meridian.
18. That if these ,conditions of approval are not met the
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED ~~
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the ity Planning and Zoning Commission~of the City of Meridian
~~.
4
TURTLE CREEK ANNERATION FF & CL ~ Page - 14
~~~h~
• •
that they approve the annexation and zoning as stated above for the
property described in the application with the conditions set forth
in the. Findings of Fact and Conclusions of Law and that the
Applicant and owners be specifically required to the all ditches,
canals and waterways and install a pressurized irrigation system as
conditions of annexation, and that the Applicant meet all of the
Ordinances of the City of Meridian, specifically including the
development time requirements and enter into the required
development agreement, and that if the conditions are not met that
the property be de-annexed.
MOTION:
APPROVED:_i~ DISAPPROVED:
TURTLE CREEK ANNERATION FF & CL Page - 15
•
MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12, 1994
APPLICANT: STEEL & SON LTD. LAND CO. AND AGENDA ITEM NUMBER: 11
GARY LEE/ JUB ENGINEERS
REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR TURTLE CREEK
A EN Y
CITY CLERK:
CITY EINGINEER: y1J~+~19H
CITY PLANNING DIRECTOR: ~`~ ~ ~ ~ i f q ~(
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION: SEE ATTACHED COMMENTS
IDAHO POWER: SEE ATTACHED COMMENTS
US WEST: ~~,~ (') ~ IZ.I q~
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
Q~"~ ,,~~
~ ~P~,1~
r 1k +~
k
OTHER:
• ~
MERIDIAN PLANNING & ZONING COMMISSION MEETING: Jane 14.1994
APPLICANT: S,]'EEL AND 30N AND JUB AGENDA ITEM NUMBER: 3
ENGINEERS
REQUEST: TABLED AT MAY 10 1994 M,~ETING• TURTLE CREEK PRELIMINARY PLAT
AG NCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY F{RE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
Sf ~~~~b~
UJ~ ~ ~eGO~y~e ~~
~ ~
~~~~ S~~
~~
OTHER:
• •
MERIDIAN CITY COUNCIL MEETING: JUNE 6.1995
APPLICANT ITEM NUMBER; 11
REQUEST; REQUEST FOR EXTENSION OF TURTLE CREEK SUBDM$ION
AG NCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS 1RR1GATlON:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
~/~ ~
~~~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
STEELS 8s ~ONS LIMITED LAND • PANY, L. ~.
3350 Americana terrace, Suite 350 • Boise, ID 83706
(208)342-2638 - telephone (208)344-9180 - FAX
May 8, 1995
Shari Stiles
Meridian City Administrator
33 East Idaho
Meridian ID 83648
Dear Shari:
I request a one-year extension on the preliminary plat for
Turtle Creek Subdivision. Preliminary plat approval was granted
July 19, 1994. If you require any additional information to grant
the extension, please let me know. I am available to appear before
the City Council in support of the extension. Please let me know
the dates.
Very ruly ours,
Jon M. Steele
JMS:bh
04/07/94 14:11
X208 323 9338
JUB ENG.,INC.
John and Shirley Slagle
2415 N. Linder Rvad
Meridian, ID 83642
Ms. Shari Stiles
Planning Director
City of Meridian
33 E. Idaho Street
Meridian, 1D 83642
Re: Public Hearing for Cairns Annexation and Turtle Creek
Subdivision Preliminary Plat
Dear Ms. Stiles:
We own property adjacent to the above development and are
located within 300 feet of its boundary (at the Southeast
corner of the development}. We just recently purchased this
property, in February, 1994, from the Cairns family.
It is our understanding that all property owners within 300
feet of the proposed development are entitled to receive a
notification of Public Hearing through a certified mailing.
We did not receive this notification because the Engineer,
Gary Lee from J-U-B Engineers, did not have our names on the
mailing list. Mr. Lee has explained to us that the list was
made before we purchased the property and mistakenly left
our name off the list.
We desire that the previously scheduled Public Hearing fox
April 12, 1994 be allowed to proceed as advertised and
planned. In addition, we hereby waive any statutory notice
requirements and have na objection to the Public Hearing
groceeding as originally scheduled.
Thank you for your consideration in this matter.
Sincerely,
Slagle Shirley S gle
r~oo2/002
HUB OF TREASURE VALLEY
OFFICIALS
A GOOCI PIaCe LO LIVt: COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk MAX YERRIIJGTON
JANICE L. GASS, City Treasurer CI TY OF MERIDI AN ROBERT D. CORRIE
GARY D. SMITH, P.E. City Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
t
S
33 EAST IDAHO
SHARI STILES
up
.
JOHN T. SHAWCROFT, Waste Water - Planner 8 Zoning Administrator
KENNY W. BOWERS, Flre Chief IDAHO 83642
MERIDIAN
W.L. "BILL" GORDON, Police Chief , JIM JOHNSON
WAYNE G. CAOOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning & Zoning Commission, may we have your answer by:
Aril 5. 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a preliminary plat for Turtle Creek
BY: Steele ~ Son Ltd. Land Co. and Garv Lee/ JUB Engineers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Cherry Lane
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
^GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
iBUILDING 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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
v~~
MAR 1 F ~~~~
~~ ~~ ~~~~
~ ~
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
TURTLE CREEK SUBDIVISION
(PROPOSED NAME OF SUBDIVISION)
West of North Linder Road, north of Cherry Lane
(GENERAL LOCATION)
(LEGAL DESCRIPTION - ATTACH IF LENGTHY)
(see attached)
Vernon and Feirba Cairns, and John L. and Anna Beth Ernest
(OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.)
P.O. Box 23, Meridian, ID 83642 888-7664
(ADDRESS)
Steele & Son Ltd. Land Co 342-2638
(APPLICANT) (NAME) ~ (TELEPHONE N0.)
3350 Americana Terrace, Boise, ID 83706
(ADDRESS)
Gary A. Lee, P.E. /L.S. J-U-B ENGINEERS, Inc. 376-7330
(ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.)
250 S. Beechwood Avenue, Suite 201, Boise , ID 83709-0944
(ADDRESS)
City of Meridian, Idaho
(JURISDICTION(S) REQUIRING APPROVAL)
Residential - R-4 Zone
(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50 75.80 ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:) (FEE)
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk
i
CITY OF MERIDIAN MAX YERRINGTON
ROBERT D. CORRIE
GARY D. SM TH, P.E. City Eng
neer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, waste water supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommends#ions will be considered by the
Meridian Planning & Zoning Commission, may we have your answer by:
Aarii 5. 1994
TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94
REQUEST: Annexation/ zoning with a preliminary plat for Turtle Creek
BY: Steele & Son Ltd. Land Co. and Garv Lee/ JUB Engineers
LOCATION OF PROPERTY OR PROJECT: West of North Linder Road and North
of Chevy Lane
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_T1M HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C!C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DiSTRiCT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
~ ={
•
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Vernon and Feirba Cairns, husband and wife, and John L. and Anna Beth Ernest, husband
and wife, do hereby certify that we are record owners of the land described as the "Cairns
Annexation" in an application for Annexation & Zoning Application being submitted to the City
of Meridian for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
~!- n
Dated this ~ ~ day of ~ 93.
Vernon Cairns
Feirba Cairns ~~~ wz ~~~ y_~
STATE OF IDAHO )
County of Ada )
ss.
ON THIS /,3 day of v~~' ~ , 19 ~3 ,before me a otary pub}' in and for
said State, personally appeared . ~~ ~- ~ h~ ~ ~Q'7`Gc ~~' ~ s f o` ~' ~ l,C C ~ r r nS
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that ~'j/ executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires %/311 - ~S-
My Notary Bond Expires =
Notary Public for Idaho
19
Residing at ~~G~ ,Idaho
a
, '94 92109 1 4
'tills ht1K~t : t R~1Wn:U t't)Clt'It.St' UI
STEWAIt'T ?I'C1.E
READ ~ APYRt)t'I'.U Hx GRA~'Tt:kaS N~',~±._ ~'~S_ - _ .
rl ~ 10 } _ _. _._... _._.. -_- -_
a 208 3890 lsf. Gr,a^ican Ti
'1 ~: : ~ iJ 1
of 4
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FCC ~ r:
RECC'.._...' fry: .. 'EST OF
_ SFAt_'E ABOt'I: THIS LI~t: Fn930407t70UM1t7~CS
t7:dCZ ~:::.
at
~'VARRANI'Y DEAD
Vick?~GN T. CAIRNS, A MT,,'tIED i!c?-~=~ ~'~ ~CiiN L. ER;rF.s':
FOR VAL.Iif: KI:CL•IVL•17 '`'HF Cr.~ . ~ ~ i~ :.`:A.iy~'Ti~ (:. EI1tic7:'
& ANNASETH C. ERNEST, CO-TRUSTEES FCi? ~ ~' =
REVOCAAI.r^. LIVING 'CRUST g1~fFD .:L'NE 11, 1992.
GRAN1't)R(S?. t{~5(Jti~ tscrcby GItAN'1', E3ARGAIN. SEs1.l. and COti~'~1~ ~~.~t~ Di `TER CCriw
u3bar;d and '~: ~ •'
BEAGLE: anti B1iIRI,~.Y A."!N 5LAGLE, h -
CRANTfL'(S), whose current add[t:~s is: 241.5 N • LINi)Ett P.~ . , ''. ~?•;t'.IA^, ID 8364 T.
ADA t.:uun:} . S~race of tdsho, more particularly'
the tout.>wing dt:scrib~d real property in
dcscritxd ;IS follows, t0 wit:
As sr..t t'czr.tl act Chp r~tta~•hed EXHIiiIT "A", Wr'=•• "y Luis
ze£F2•et)Ce 17ECO!TtC3 a l'•:irt hex~~~f
't'C? IIAVF. ANU ,t s fn[t:~l~ t1 At ~dth~t ~~ti3 C,r2nto[( )~ldcx ~~'u~ hert.t,} cuvenaltt to and µtt;e(17 c a~+ ~
GranteeO ht:lrs :utd ~-. 516 p;.mi;ec; that said p[clnista arc ;rer trt:..~
titantet:(~l, dial Gr3utoris) is~are the uwnert~t to fee sunplc of tiaid
ait encumb[;u;ct•c, 1:!(Cl.t''i' ltlu` `uti etalwt [cat'r~ationxtl~t:autcuor.~s~,.'cda~~di<,n~`~eu,rn'~nt~.~~rr,;;l~ dc,f ~~ct~~atti.
ur done by the Cira[det:(til; and ) .
a~rt:ecncctts. uC :uy') u( record. Intl Ernc,al':t.Ces clue rttd ~+-yah1e, art J at Gran«~ia~ N- ~ atarrrant and dcirn~t
if any) Il~f the. current ~'eu;, 'a'hlt.h .Irt: txt }et
the saint: I'mtn aI1 1aHt'ul clairus Hh:ttaxt'er.
Dated: )"r.bl-uctry 03, 1»~~
_ " -, -
' 4'Y~~yCrN /•.l. •~(~ ~ `:~i4S ~~rata~ri~%~~j:t
not~R'r out3tat
' ~~ S1A,E ~iF ~R17.01
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'94 02109
208 31890 1st American 7i 02
ORCER Nfa• 93040770 WC/CS I,Ei'i fiUUU~~`~~
EXHIBIT "A"
A parcel of land lying within the Sotttheaatr 1/4 of the
Northeast i/4 of Secti.an 2, Township 3 North, Range 1 West,
Boise Meridian, Awe County, Idaho and being more
particul~-~r•ly described as follows:
Begic~ning at the Southeast corner of said Southeast 1/4 of
the h'ortheal~t 1/4 of Section 2.; thence along the Southerly
boundary of said Southeasr. 1/4 of the Northeast 1/4
North F9 degLCes 12'32" Wcst 25 £eet to THR REI~L POINT OF
BF:GIA'NING; thence continuisig along said Southerly
boundary
North 89 deg:-ceq 12'32" West a?x.40 feet; thence parallel to
the Easter).y boundary lin•: OF said SouChea~t 1/4
,lparth 0 ciegrPes 00' 4G" West 460.13 fret; thence parallel to
the Southerly boundary line of said Southeast 1/A
,South 89`~n~9~5eleet,Westerly tcom9CheeEasterlycbopndary line
of :paid Southeast 1/4
South Q degrec3 00'A6" East 460.13 feet to Tl;E xEA/ n7INT OF
BEGINNING.
1 ~__
QL'1`fCL~1:,1 DE)D 8825033
For Valus Reeelved
Z' ~4nrlcd ¢~~, Er^rr es F .
do Ae~reby convey, release, remise and forever qultelalm unto
`U~r~tOrl ¢~eij"bct~ ~' ir~hS husbano~ acrd ~..~%Fe
whose current address la ~
oSmX 23 n~ e-^; d; u n ~"cl a h o $ 3 6 ~z.
the following described premises, to•w+ft:
T_~
' Gie~~hh inq 4.~ a ~r/ Gorr~~-" ~z rr~i/e nor~le~/
of tGre in fersECfroh ~ 9ect~io,~g ~ /, 2, /~ arrd l2,
T 3 N R I (,/ 8 M thence N d° /6' Og" E
563 {eef thence N 89° 43' r5Z";~/ 25 e
et
to a Seel pin ~'' ihside c/lome~C, t/,f
/~'ea/ poir~ t o f' be~in~rn , t/ienc e l1/ 89 ° 4.3' S2" W
/~4- feet ~o a ~8,, p
~nns/de alio~•»eEer sE¢e in
fhe/~ce N O° /6' Fib"E /3~ ~eet Eo a. -S~" in-
side diameter ~f ee/ pin t.6i'enc¢ ~ 8z° 36' S2'C
l35 fe¢ t rho a, '~g~~ inai:de d%c~~e ~er Ste~i pin
f•~rei-,ceS6Z° 4.6'43"E 33.7005 feet ~Q ti ~g"
il7Side. d;um¢><~--ste.el /s,'n -~l~Q~~ce S O°/6'08" h/
1 ~~, ~eEt to Q `'~g"i~s,de cliart-e,~er ste.e/ pin Qt ~l~e
l^eQ ~ Po i n f °T ~ rL~+•,~;,rq
Can~Qinrn4 0.4-b29 ClC/'eS rno-~ or le_^s .
together with their npp~u''rlcnnnah.
Dntcd: ~- ~ • ~~
~.~,e.~~~r~
~--~= - -
3TATE OF~tEi.kii/T, COUNTY OF r3Kr/ ~~ ^~ ~ STA.1: OF IU.1!:'i, C<tVaTY Or ~~/
On lhi. •/ 7l// d.y or /.rnKC!/ . lfi ~!~ I L, r._7 ^rruf7 th1a thL Inrtruaent rr.. nhl ter -oeo-d tl
be/ore m~,~s•wol.;;• oublle In .nd for lho .eld St.te, pet• the nqura of /,/'n ~.~^~J ~2C)t~t~' ,1
.onf''y~ni•yr.rud, ,. l.C.(ll. b~ qq
•• ~ • r.~•~ d ~ 7 minubl po+t of ,,nn o'e;nek ~ N.,
,. 1P ~j , In m7 :._:., .nd duly ree~.rdeJ In P••,k
~.
keden train.-•o D~ ja. pe:.on rvh„ n.m. JOHN [3,!1ST1L~A
.ub.erH.:~ to ?h4 ~.~ilhln Instrument, •nd .cknoR!edRed to '- t'r.Oflleio ttrrmd•r
m. the ~~• "~•••~ executed th...me.
o ny ~~J~ ~ (I /L~If~;~C.~
fi 1.~~ nls~t --....~ pepul7.
?'otery rublle it°
Ftet f
Re.ldlnr .t /li:./•/a u<c ~.~ ,Lr/R ,•1~i7?~ >f.tl tat-
Comm. E>rplrr. <.~_ ,~ ~ _ ~
•!.
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f:
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c
when raooroea mau to
NAME: John i AnnaDeth Ernest
STREETACDiiESS: 312 S. Columbis
CITY 8 STATE: Blvd. , /69
Xennewick, Na__
.~_
J~ D~':r:,',t.:ARO
9fCORCER 81~7,rf
QUIT-CLAIM DEED (RE: QCD~9251332L!"
Without Consideration, 1/ W@, Annabeth C Ernest
CtaM l0 __John L. Erne t and AnnaDeth C. Ernest l~l.al as T~uStee (s)
Ot 1he lehn L Fin s and AnnaAntl+ [` F nnat
REVG!CABLE LIVING TRUST established on the t t day of June t99~ all that real
property situated in the City of (or unincorporated area ol)
Ade COUnty. Stag Ot ldnho described aS fnllOws•
Her interest on.y in:
The South half of the Northeast Guarter o[ Sectio^ Two,
Township Three North, Range One West of thn [lois~
Meridian, Ada County, State of Idaho.
EXCEPT property conveyed by instrument N 88250]] Together
with all appertenances thereon or appertaininq thereto of
every kind and nature, Including all water, ditch and lateral
rights appertaining thereto or used in connection therewith.
Assessor' s Parcel No. Executed on__ day of ._ __ .199_
at"j;enr+"!+5 :.$.----_ ,$Inty 01 __. Wgr,hl n~l,~!+-- -.. ._
bY.s~'hiL~_L~+:;L";ii~tll_'~. nn.r+•. t„1,+ ^. tru.•~.t~ ~lr~+ntort~.!
X -_--t'../L• ~ '1 X,~~-s~,'~1_.L.'.~f._._rr.-S=-=r. )alt.
NOTARY ACKNOWLEDGMENT
$lalC O1 Waet+nyton !
S~i
COUnty OI FranY.l f n
pn .~- ",~ day 1 ~belora me. IhN Undo~S~gn~J ,i Not:uy f ubl~c 1n and
for slid state. porsonally nppearnd .luhl~l.~l;i1y::+.t._.+it~l_Au:~1tti:121._S:._LLIlL::.f<.
perlonally known to mA (or proved to me on the bases of aat~s ;+c:Ory evld"^rr,f to De the person
whoso name !s subscnbeo to tno mslrumont, and dcMrwwledgrd 1~ ++fa that t"' sh° en~~iUU,d d
worn -. ~s '. .: f .,: f r.:, , ,.
(:nun , f:.• 1 /f~ !l
y
i;~~ Qf9~ r ~a w°u 0I •wMM t 1hf.r1 ~ K ~tt11Kj fib ' ~M~w 1
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t~ ~ ~ ~ pp~ Z y R~ 6g ~ N YBR OK FARMS NO. O AQ
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~ ,~ F F
~ ~ ~ J-U-6 ENGINEERS, Inc.
~~. ~. ~ , ENGINEERS • SURVEYORS • PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise,ID 83709-0944
208/376-7330
FAX: 208/323-9336
March 10, 1994
Ms. Shari Stiles, Planning Director
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Ms. Stiles:
RE: CAIRNS ANNEXATION/ZONING - Steele & Son Ltd. Land Co.
Enclosed for your review and processing are the necessary documents
as established by the City of Meridian Ordinances for an
Annexation/Zoning application. As stipulated by said ordinance,
enclosed are the following:
1. A copy of two Warranty Deeds showing title of the property
vested in Vernon and Feirba Cairns, and John L. and Anna Beth
Ernest.
2. A notarized request for the annexation and zoning amendment
from the titled owner (Vernon and .Feirba Cairns, and John L.
and Anna Beth Ernest).
3. A copy of an Assignment of Real Estate Purchase and Sale
Agreement and Receipt of Earnest Money showing vested interest
of property to Jon Steele.
4. A written legal description of the subject property describing.
the total parcel of land to be annexed.
5. One copy of a preliminary plat (Preliminary Concept Plan of the
proposed Turtle Creek Subdivision) at a scale of 1" = 100' of
the property to be annexed showing the proposed subdivision
design.
6. 30 copies of the Application For Annexation and Zoning to an
R-4 zone.
7. 30 copies of a Vicinity Map, 11" x 17", at a scale of
1" = 300'.
8. A List of Property Owners within 300 feet of the property.
~s
r~
i
~~~u-B
Engineers Surveyors Planners Ms. Shari stiles
March 10, 1994
Page 2
9. A check in the amount of $1,693.09 from Jon M. Steele for the
annexation application fee ($400 + $15/acre * 75.80 acres,
plus $156..09 mailing fee).
10. A written. narrative prepared by Gary A. Lee, P.E./L.S., of
J-U-B ENGINEERS, Inc., describing the annexation request and
the proposed development.
Please review the enclosed information and schedule a Public Hearing
for the next available Planning & Zoning Meeting. If you require
additional information, please call.
Sincerely,
J-U-B ENGINEERS, Inc.
~~~.
arC~/Lee, P.E./L.S.
Project Manager
GAL/mep
Enclosures
cc: Jon M. Steele
# is~oi
l ~ ~ J-U-6 ENGINEERS, Inc.
~~. ~. ~ , ENGINEERS • SURVEYORS • PLANNERS
250 S. Beachwood Avenue, Suite 201
J Boise, ID 83709-0944
208/376-7330
CAIRNS ANNEXATION NARRATIVE FAX: 208/323-9336
Date: March 1, 1994
Prepared bar: Gary A. Lee, P.E./L.S.
J-U-B ENGINEERS, Inc.
Boise, Idaho
Owners: Vernon and Feibra Cairns,
and John L. and Anna Beth Ernest, Individuals
Developer: Steele & Son Ltd. Land Co.
I. DEVELOPMENT LOCATION
The Cairns property is located in a portion of the S 1/2 of the
NE 1/4 of Section 2, Township 3 North, Range 1 West, B.M., Ada
County, Idaho. More particularly, the project lies West of
North Linder Road and North of Cherry Lane. Glennfield Manor,
Glennfield Manor No. 8, and Glennfield Manor No. 9 are located
along the southerly boundary and Sunnybrook Farm No. 3 lies to
the Southwest. The proposed Tumble Creek Subdivision lies to
the North and the proposed Sunnybrook Farm No. 6 lies to the
West.
II. SITE DESCRIPTION
Currently, the site is comprised of approximately 75.80 acres
of over grown pasture land. In recent years the land has not
been worked for agricultural benefits. The Settlers Canal
flows through the southeast corner and a small irrigation ditch
flows through the west end of the property. The parcel also
contains one single-family home located in the southeast.
corner.
At this time, the property is situated in Ada County and is
zoned RT {Rural Transitional).
North Linder Road provides access to the parcel along the
easterly boundary with Monaco Street and Kubik Street from
existing developments to the south. A planned development
known as Tumble Creek is situated along the northerly boundary.
It is anticipated that a street connection will be made with
this development.
III. PROPOSED DEVELOPMENT
The developer plans to request a re-zone of the property to
residential R-4. The project will consist of approximately 245
single-family residential lots resulting in a gross density of
3.2 lots per acre. The lot sizes will conform to the City of
Meridian Zoning Ordinance for residential developments..
•
~~-u-B~
Engineers Surveyors Planners Cairns Annexation Narrative
March 8, 1994
Page 2
This zoning request and annexation will comply with the
Meridian Comprehensive Plan.
IV. PROPOSED IMPROVEMENTS
A. Sanitary Sewer System:
There is an existing public sanitary sewer system on W.
Ustick Road that will traverse through the planned Tumble
Creek development and service the majority of this
property. There is also existing public sanitary sewer in
Sunnybrook Farm No. 5 Subdivision which will be used to
service the southwest corner of this property.
B. Domestic Water System:
It is anticipated that domestic water and fire flows will
be supplied by the City of Meridian through the extension
of an existing water system located in N. Linder Road. The
system would also be tied in at Monaca Street and Kubik
Street to the south. There would also be connections to
the north when Tumble Creek is developed and to the west
when Sunnybrook Farm No. 6 is completed.
A new water distribution system will be constructed within
the planned development, which will include the necessary
fire hydrants, valves, blow-offs, and appurtenances as
required by the State of Idaho Drinking Water Standards.
C. Public Utilities:
This Subdivision will include public utilities, such as
electric power form Idaho Power Company; natural gas from
Intermountain Gas Company; telephone service from U.S. West
Communications; and TV service from T.C.I., a Cable
Network. Utility easements will be provided upon each lot
to accommodate these public utilities as required..
D. Public Streets:
All streets will be constructed to Ada County Highway
District Standards and Specifications. All streets will be
constructed to Collector and Local Street Standards.
Storm water drainage for these public streets will be
collected and retained on-site in accordance with A.C.H.D.
standards. Disposal of storm water into the natural
drainage will consist of only flows equal to the
pre-development storm water discharge of the property
(i.e., the amount of storm water discharged into this
drainage will not exceed what is currently flowing into
said drainage ditch in its present condition).
~.i uJ
Engineers Surveyors Planners
Cairns Annexation Narrative
March 8, 1994
Page 3
A meandering sidewalk and landscaping will be provided
along N. Linder Road and the Collector Street entrance to
the development. The meandering sidewalks will be placed
on public right-of-.way and common landscape lots. These
common lots will be owned and maintained by a home owners
association.
E. Irrigation and Drainage:
The existing Settlers Canal and other irrigation ditches
will be tiled to continue delivery of irrigation water to
neighboring properties. Other smaller irrigation and
drainage ditches that deliver water to this parcel only
will be abandoned.
F. Fire Protection
As mentioned earlier, the domestic water system will be
maintained and operated by the City of Meridian. Part of
their service will include the delivery of adequate fire
protection. The delivery system will be sized and hydrants
placed throughout the development to meet the necessary
fire flows as established by the Meridian Fire District.
. ' • •
~~-u-B~
Engineers Surveyors Planners
Project: 18701
Date: March 1, 1994
DESCRIPTION FOR
CAIRNS PROPERTY ANNEXATION
CITY OF MERIDIAN
A PORTION OF THE S ~ OF THE NE 1/a OF SECTION 2,
T.3N., 4.1W., B.M., ADA COUNTY, IDAHO
A parcel of land being a portion of the S 1/2 of the NE 1/4 of
Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly
described as follows:
Beginning at an iron pin marking the East lj4 corner of said
Section 2, also being on the center line of North Linder Road.
thence North 00°00'32" West 460.13 feet along the Easterly boundary
of said Section 2 to a point on the centerline of said North Linder
Road.
thence departing from the Easterly boundary of said Section 2 North
89°12'32" West 40.00 feet to an iron pin marking the REAL POINT OF
BEGINNING;
thence continuing North 89°12'32" West 458.40 feet to an iron pin;
thence South 00°00'32" East 460.13 feet parallel to the Easterly
boundary of said Section 2 to an iron pin on the Southerly boundary of
the NE 1/4 of said Section 2, also being on the Northerly boundary of
Glennfield Manor as filed for record in the office of the Ada County
Recorder, Boise, Idaho, in book 45 of plats at page 3676;
thence North 89°12'32" West 2157.64 feet along the Southerly
boundary of said NE 1/4 of Section 2, also along the Northerly boundaries
of said Glennfield Manor, Glennfield Manor No. 8 as filled for record in
the office of the Ada County Recorders, Boise, Idaho, in book 59 of
plats at page 5745, and Glennfield Manor No. 9 as filed for record in
the office of the Ada County Recorder, Boise, Idaho, in book 59 of plats
at page 5844 to a Brass Cap marking the center 1/4 corner of said
Section 2, also being the NW corner of said Glennfield Manor No. 9 and
the NE .corner of Sunnybrook Farm No. 3 as filed for record in the office
of the Ada County Recorder, Boise, Idaho, in book 63 of plats at page
6315;
thence departing the Southerly boundary of said NE 1/4 of Section 2
North 00°15'25" East 1329.17 feet along the Westerly boundary of said NE
1/4 of Section 2 to an iron pin marking the NW corner of the S 1/2 of
said NE 1/4 of Section 2;
thence departing the Westerly boundary of said NE 1/4 of Section 2
South 89°17'36" East 2649.83 feet along the Northerly boundary of said S
1/2 of the NE 1/4 of Section 2 to an ,iron pin marking the NE corner of
said S 1/2 of the NE 1/4 of Section 2 also being on the center line of
said North Linder Road;
thence departing from the Northerly boundary of said S 1/2 of the NE
1/4 of Section 2 South 00°00'32" East 873.03 feet along the Easterly
boundary of said Section 2 and the center line of said North Linder Road
to a point;
' ' • •
~~-u-B~
Engineers Surveyors Planners
Project: 18701
Date: March 1, 1994
Page 2
thence North 89°12'32~~ West 40.00 feet to the REAL POINT OF
BEGINNING, comprising 75.80 acres, more or less:
SUBJECT T0:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J-U-B EN.rT~RS, Inc.
C
tr1
''KY A.L~"
GAL/mep Gary A. Lee, P.E./L.S.
l •
~~-u-B~
Engineers Surveyors Planners
Project: 18701
Date: March 1, 1994
DESCRIPTION FOR
TURTLE CREEK SUBDIVISION
PRELIMINARY PLAT
CITY OF MERIDIAN
A PORTION OF THE S 'fs OF THE NE '/a OF SECTION 2 ,
T.3N., 4.1W., B.M., ADA COUNTY, IDAHO
A parcel of land being a portion of the S 1/2 of the NE 1/4 of
Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly
described as follows:
Beginning at an iron pin marking the East 1/4 corner of said
Section 2, also being on the center line of North Linder Road.
thence North 00°00'32" West 736.21 feet along the Easterly boundary
of said Section 2 to a point on the centerline of said North Linder
Road.
thence departing from the Easterly boundary of said Section 2 North
89°12'32" West 40.00 feet to an iron pin marking the REAL POINT OF
BEGINNING;
thence continuing North 89°12'32" West 458.40 feet to an iron pin;
thence South 00°00'32" East 736.21 feet parallel to the Easterly
boundary of said Section 2 to an iron pin on the Southerly boundary of
the NE 1/4 of said Section 2, also being on the Northerly boundary of
Glennfield Manor as filed for record in the office of the Ada County
Recorder, Boise, Idaho, in book 45 of plats at page 3676;
thence North 89°12'32° West 2157.64 feet along the Southerly
boundary of said NE 1/4 of Section 2, also along the Northerly boundaries
of said Glennfield Manor, Glennfield Manor No. 8 as filled for record in
the office of the Ada County Recorders, Boise, Idaho, in book 59 of
plats at page 5745, and Glennfield Manor No. 9 as filed for record in
the office of the Ada County Recorder, Boise, Idaho, in book 59 of plats
at page 5844 to a Brass Cap marking the center 1/4 corner of said
Section 2, also being the NW corner of said Glennfield Manor No. 9 and
the NE corner of Sunnybrook Farm No. 3 as filed for record in the office
of the Ada County Recorder, Boise, Idaho, in book 63 of plats at page
6315;
thence departing the. Southerly boundary of said NE 1/4 of Section 2
North 00°15'25" East 1329.17 feet along the Westerly boundary of said NE
1/4 of Section 2 to an iron pin marking the NW corner of the S 1/2 of
said NE 1/4 of Section 2;
thence departing the Westerly boundary of said NE 1/4 of Section 2
South 89°17'36" East 2624.83 feet along the Northerly boundary of said S
1/2 of the NE 1/4 of Section 2 to an iron pin;
thence departing from the Northerly boundary of said S 1/2 of the NE
1/4 of Section 2 South 00°00'32" East 569.91 feet parallel to and 25
feet West of the Easterly boundary of said Section 2 and the center line
of said North Linder Road to a point;
thence North 89°12'32" West 15.00 feet to the REAL POINT OF
BEGINNING, comprising 72..30 acres, more or less:
. ' • •
~~-u-B~
Engineers Surveyors Planners Project : 18701
Date: March 1, 1994
Page 2
SUBJECT T0:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J
GAL/mep
Gary A. Lee, P.E./L.S.
. J~
~~~uJ
March 10, 1994
J-U-B ENGINEERS, Inc.
ENGINEERS•SURVEYORS•PLANNERS
250 S. Beachwood Avenue, Suite 201
Boise, ID 83709-0944
208!376-7330
FAX: 208/323-9336
Ms. Shari Stiles, Planning Director
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Ms. Stiles:
RE: Turtle Creek Subdivision
Enclosed for your review and processing are the necessary documents as
established by the City of Meridian Ordinances for a Preliminary Plat
for the above-proposed subdivision. The following application items
are included:
1. 30 copies of the Request for Subdivision Approval, Preliminary
Plat Application.
2. 30 copies of the Preliminary Plat, 24" x 36", at a scale of
1" = 100'.
3. 30 copies of a reduced Preliminary Plat, 8;~" x 11".
4. 30 copies of a Vicinity Map, 11" x 17", at a scale of 1" = 300'.
5. Five copies of the Concept Engineering Plan with phasing,
24" x 36" .
6. One copy of a written legal description of the subject property.
7. A list of property owners within 300 feet of the property.
8. Preliminary Plat application fee of $2,750.
In addition, the proposed subdivision affirms the following Statements
of Compliance:
1. Streets, curbs, gutters and sidewalks will be constructed to ACRD
and City of Meridian standards.
2. The proposed subdivision is in conformance with the City of
Meridian Comprehensive Plan.
3. The proposed subdivision will connect to City services.
4. The proposed subdivision will comply with City ordinances.
5. The Preliminary Plat includes all appropriate easements.
6. Street names do not conflict with the City grid system.
is
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~~-u-B~
Engineers Surveyors Planners MsMarchrlost1994
Page 2
We wish to have this Preliminary Plat request placed on the next
scheduled Ada County Planning & Zoning meeting for consideration.
Please review the enclosed documents for completeness as submitted.
If you require additional information or have questions, please call
me. Thank you for your consideration.
.Sincerely,
J-U-B ENGINEERS, Inc.
G
~~
ryL~4~/Lee , P . E . /L . S .
Project Manager
GAL/mep
Enclosures
cc: Jon M. Steele
# ia~oi
i •
NOTICE OE 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 July 19, 1994, for the purpose of reviewing and considering the
Application of Steele 8~ Son Ltd. Land Co., for a Preliminary Plat for land located in the S
1/2 of the NE 1/4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which
property is generally located West of North Linder Road and North of Cherry Lane Road.
Applicant requests Preliminary Plat approval of the parcel of land above described
for 245 single family dwelling lots for Turtle Creek Subdivision.
Amore particular legal description of the above property is on file in the Gity Clerk's
office a# 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.
Qated this 27th day of June, 1994
WILLIAM G. BERG, JR., CITY CLERIC
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N
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 June 21, 1994, for the purpose of reviewing and considering the
Application of Steele & Son Ltd. Land Co., for annexation and zoning of approximately
75.80 acres of land located in the S 1/2 of the NE 1/4 of Section 2, T.3N, R.1 W, Boise
Meridian, Ada County, Idaho, and which property is generally located West of North Linder
Road and North of Chevy Lane. The Application requests annexation with zoning of R-4.
A more particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Application is available upon request. Any and all interested persons
shall be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 27th day of May, 1994
~~~
W{LLIAM G. BERG, JR., CITY CLERK
~~
Denver A Thomas
1562 Claire
Meridian, ID 83642
Leann Bright
2791 NW 15th
Meridian, ID' 83642
Thomas L. & Carma J. Pinkley
2772 NW 15th.
Meridian, ID 83642
John C. & Amy Camille V. Kiebert
1571 Claire St.
Meridian, ID 83642
Robert L. & Nancy Lee Behner
1531 Claire
Meridian, ID 83642
Steven M. Sweat
1493 Darrah Dr.
Meridian, ID 83652
Cal W. Jr. & Mary R. Penman
1481 Darrah
Meridian, ID 83642
Gregory B. Walker
1475 Darrah Dr.
Meridian, ID 83642
Marvin L. & Evelyn A. Johnson
1471 Darrah
Meridian, ID 83642
Karen Ferguison
2801 NW 15th
Meridian, ID 83642
Elmer L. & Ellen L. Nichols
2831 NW 15th
Meridian, ID 83642
Douglas & Katherine Hallock
1532 Lowry St.
Meridian, ID 83642
Stephen L. & Rebecca L. Conn
1516 Lowry
Meridian, ID 83642
Kelly V. & Connie M. Stansell
1511 Lowry St.
Meridian, ID 83642
Patricia J. & Michael D. Cole
2306 Linder
Meridian, ID 83642
William & Mae Cordell
2316 Linder
Meridian, ID 83642
David A. & Vickie L. Hamrick
2315 NW 15th
Meridian, ID 83642
Lawrence E. & Mary L. Handford
2305 NW 15th
Meridian, ID 83642
Carolyn M. Swofford
1532 Chateau
Meridian, ID 83642
Terry & Michelle J. Whipple
1522 Chateau
Meridian, ID 83642
Dennis R. & Caprina C. Nick
1512 Chateau
Meridian, ID 83642
James J. & Betty L. Tully
1610 Chateau
Meridian, ID 83642
Steven Curtis Weston
1650 W. Chateau Drive
Meridian; ID 83642
David A. & Margaret L. Miller
1670 Chateau
Meridian, ID 83642
Scott A. & Jill M. McLellan
1710 Chateau Dr.
Meridian, ID 83642
Timothy M. & Kelly A. Irwin
1730 Chateau Dr.
Meridian, ID 83642
Steven M. & Theresa L. Cantrell
1750 Chateau Dr.
Meridian, ID 83642
Ula & Pamela K. Mapusaga
1770 Chateau Dr.
Meridian, ID 83642
r
r
Cary L. & Gail A. Holaday
1780 Chateau Dr.
Meridian, ID 83642
Steven C. & Tawni K. Swann
1790 Chateau
Meridian, ID 83642
Patricia A. Koberstein
P.O. Box 5083
Boise, ID 38705-0083
Clifford R. & Bruna Wells
1830 Chateau
Meridian, ID 83642
Scott Drake
1870 Chateau
Meridian, ID 83642
Robert W. & Anne C. Garrison
1890 Chateau Dr.
Meridian, ID 83642
Deloy E. & Bernice L. Edwards
1910 Chateau
Meridian, ID 83642
Michael C. & Sara Riddlemoster
2312 Monaco Way
Meridian, ID 83642
Donald L. & Dorace F. McBaine
1931 Tracy Ct.
Meridian, ID 83642
John S. & Jana M. Lewis
1911 Tracy Ct.
Meridian, ID 83642
Sherman E. & Frances Eileen Day
1891 Tracy Ct.
Meridian, ID .83642
Jeffrey R. & Marci D. Burroughs
1861 Tracy Ct.
Meridian, ID 83642
Donald D. Betty M. Ludwig
1821 Tracy Ct.
Meridian, ID 83642
Evan M. Downard
1822 Tracy Ct.
Meridian, ID 83642
Lloyd & Berdean Whiteley
1844 Tracy Ct.
Meridian, ID 83642
Donald & Rosemary Wimberly
1884 Tracy Ct.
Meridian, ID 83642
Michael K. Kolb
1945 Hendricks
Meridian, ID 83642
Bradley R. & Dana C. Young
1912 Tracy Ct.
Meridian, ID 83642
Jessie F. Coats
2311 W. Linder
Meridian, ID 83642
Thomas F. & Nellie Faye Juul
2331 N. Linder
Meridian, ID 83642
Adrian E. Pierce
1611 Chateau
Meridian, ID 83642
David L. Youndt
1621 Chateau
Meridian, ID 83642
Floyd G. & Eleanor Jensen
1661 Chateau
Merdian, ID 83642
Stanton D. & Nancy J. Kelly
1681 Chateau .
Meridian, ID 83642
Even Miller
1711 Chateau
Meridian, ID 83642
Russell C. & Terry L. Spearman
1747 Chateau
Meridian, ID 83642
Erman K. & Alpha G. Denney
1793 Chateau Dr.
Meridian, Id 83642
Donald H. & Joni M.Fisher
1750 Bearden Ct.
Meridian, ID 83642
David W. & Shelley L. Berry
P.O. Box 45322
Boise, ID 83711-5322
Carol Allen
1690 Bearden
Meridian, ID 83642
Leslie D. & Damita L. Migneault
1680 Bearden Ct.
Meridian, ID 83642
Beverly Ann McKay
2381 Monaco Way
Meridian, ID 83642
Jose M. & Juanita P. Macias
2371 Monaco
Meridian, ID 83642
Paul V. & Anita J. Jahner
2351 Monaco
Meridian, ID 83642
Virginia Ingraham
2311 Monaco Way
Meridian, ID 83642
Randall David & Editha B. Roper
2305 Marburg
Meridian, ID 83642
L & R Sales
P.O. Box 36
Caldwell, ID 83606
Edward Glenn & Dana J. Waters
P.O. Box 36
Caldwell, ID 83606
Stubblefield Construction
641 W. Franklin Road
Meridian, ID 83642
Eal & Arlene L. Uptmor
2258 Bradford
Highland CA .92346
James R. Kellogg
1385 W. Ustick Road
Meridian, ID 83642
C.R. Kellogg.
600 S. Swan Falls Road
Kuna, ID 83634
City of Meridian
33 E. Idaho
Meridian, ID 83642
Cory M. & Lori Lynn Swain
2415 W. Ustick Road
Meridian, ID 83642
Vernon T. & Ernest J.L & A C
Rev Living Trust
312 S. Columbia Ctr #69
Kennewick, WA 99336-9552
Jon A. Radler
2410 N. Linder
Meridian, ID 83642
Vernon & Feirba Cairns
P.O. Box 23
Meridian, ID 83642
Lyle A. & San4].ra Jo Wilkinson
2156 W. Chateau Dr.
Meridian, ID 83642
Robert A. & Joni R. West
2132 W. Chateau Dr.
Meridian, ID 83642
Gregory A. & Lisa M. Corrie
2114 W. Chateau Dr.
Meridian; ID 83642
Jan Willem & Tammy L. De Weerd
2090 W. Chateau Dr.
Meridian, ID 83642
Burl & Vivian J.~Pipkin
2256 W. Chateau Dr.
Meridian, ID 83642
Robert C. & Jean •E. Rose
2234 W. Chateau Dr.
Meridian, ID 83642
Norman Cass Jr. & $etty Akins
2272 W. Chateau Dr.
Meridian, ID 83642
Robert M. Flaten
2338 W. Chateau Dr.
Meridian, ID 83642
.~
Robert Edward & Aura Belisa
Anderson
2294 W. Chateau Dr.
Meridian, ID 83642
Ray I. & Betty L. Blue
15231 Fiesta Way
Caldwell, ID 83605
Victor B. & Moline Evelyn L.
Smith
2327 W. Chateau Dr.
Meridian, ID 83642
Craig W. & Elizabeth M. Cridle
2365 W. Chateau Dr.
Meridian, ID 83642
Linda J. Braden
2341 W. Chateau
Meridian, ID 83642
Robert Edgar & Jereen A. Brainard
2179 W. Chateau Dr.
Meridian, ID 83642
June E. Quadrato
2135 W. Chateau Dr.
Meridian, ID 83642
David L. & Marjorie C. Wenman
2318 N. Astaire Way
Meridian, ID 83642
Fieldstone Development
1277 E. 17th
Idaho Falls, ID 83404
Timothy W. & Staci L Sundquist
2352 North Glennfield Place
Meridian,. ID 83642
Glen P. & Tawna Olsen
2155 Monaco St.
Meridian, ID 83642
Kevin J. & Monette M. Glenn
2384 N. Glennfield Place
Meridian, ID 83642
James R. & Kristie M. Stout
2379 N. Glennfield Place
Meridian, ID 83642
Vincent P. & Lydia M. Meade
2064 W. Chateau Dr.~
Meridian, ID 83642
L & R S s
P.O. x 36
Ca ell, ID 83606
Ronald D. & Deena L. Pollard
2307 N. .Kubik Place
Meridian, ID 83642
David B. & Laura M. Graves
2310 N. l~ubik Place
Meridian, ID 83642
Ronald W. & Lois A. Hathorn
2294 N. Kubik Place
Meridian, ID 83642
Eric F. & Renee M. Winer
2308 Leann
Meridian, ID 83642
Kelly J. Way
2318 Leann
Meridian, ID 83642
Gene B. & Debra D. Chantrill
2257 Yale #203
Boise, ID 38706
Gerald J. Stacy
2481 Chateau•Drive
Meridian, ID 83642
Michael R. & Kathryn A.
Hendriksen '
2412 Chateau Dr.
Meridian, ID 83642
Dennis.G. & Shauna R. Lind
2428 Chateau Dr,
Meridian, ID 83642
Bill M. & Kathryn A. Baxter
2380 Leann "
Meridian, ID 83642
Richard T. & Patricia L. Falk
7283 Modoc Street
Boise, ID 83642
~,~
Lesley A. McNorton
2117 W. Chateau Dr.
Meridian, ID 83642
Steven E. Jaye B. Pierce
. 2147 W. Chateau Dr.
Meridian, ID 83642
• Michael L. & Rachelle E. Britton
2207 W. Chateau Dr.
Meridian, ID 38642.
William D. & Nancy L. Woodward
2243 W. Chateau Dr.
Meridian, ID 83642
Douglas H. & Jana L. Young
2292 N. Astaire Way
Meridian, ID 83642
Ray A. & Catherine Valenti
2278 N. Astaire Way
Meridian, ID 83642
Robert A. & Dorothy A. Forney
2264 N. Astaire
Meridian, ID 83642
Rodney Eric & Sandra Holm
2307 N. Astaire Way
Meridian, ID 83642
Allen E. & Pamela K. Roberts
2299 W. Chateau Dr. •
Meridian, ID 83642
Parick D. Handley
2381 W. Chateau Dr.
Meridian, ID 83642
John Todd Downing
2316 W. Chateau Dr.
Meridian, ID 83642
Carlo J. Jr. & Peggy M.
Fenicottero
2200 W. Chateau Dr.
Meridian, ID 83642
~~ uJ
May 25, 1994
Ms. Shari Stiles
Planning Director
City of Meridian
33 E. Idaho Street
Meridian, ID 83642
Dear Ms. Stiles:
RE:
J-U-6 ENGINEERS, Inc.
ENGINEERS•SURVEYORS•PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
~~ ~~
M ~,Y 2 ~ t~~~
CiT~ ~ ~r~ib.aaaa:~
TURTLE CREEK SUBDIVISION
Preliminary Plat - REVISED 5/24/94
In reference to the above preliminary plat, we have amended the.
previously submitted plan in accordance with your comments and Gary
Smith's comments. The maximum block lengths now do not exceed
1,000 feet in accordance with City ordinance, and we have added a
pedestrian access easement where you have requested them. In
addition, we have made the lots along the proposed Settler's
irrigation ditch somewhat larger to allow for their easement.
Enclosed for your use are 15 copies of the revised preliminary plat,
24" x 36" and 15 copies of the reduced size preliminary plat,
11" x 27" .
Please submit to the Planning and Zoning Commission for their next
scheduled meeting for their consideration and recommendation to the
City Council.
Thank you for your consideration in this matter.
Sincerely,
J-U-B ENGINEERS, Inc.
L~~
Gary J~Lee, P.E./L.S.
Project Manager
GAL:15
Enclosures
cc: Jon Steele
Gary. D. Smith, P.E.
Project #18701-04
~/
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 Ha11, 33 East Idaho
Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 12, 1994, for the purpose
of reviewing and considering the Application of Steel & Son Ltd. Land Co., for
annexation and zoning of approximately 75.80 acres of land located in the S 1 /2 of
the NE 1 /4 of Section 2, T. 3N, R. 1 W, Boise-Meridian, Ada County, Idaho, and which
property is generally located on West of North Linder Road and North of Cherry Lane.
The Application requests annexation with zoning of R-4.
Further Applicant requests Preliminary Plat approval of the parcel of land above
described for 245 single family dwelling lots for Turtle Creek Subdivision.
A more particular legal description of the above property is on file in the City
Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for
inspection during regular business hours.
A copy of the Application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited
to submit testimony.
Dated this 22nd day of March, 1994
~.,-~ ,
WILLIAM G. BERG, JR., CITY CLERK
-~
ASSIGNMENT OF REAL ESTATE PURCHASE
AND SALE AGREEMENT
AND RECEIPT FOR EARNEST MONEY
Upon receipt of tl~e consideration hereinafter recited Rick Miller hereby assigns to Son
Steele all of his right, title and interest as the Buyer under that Real Estate Purchase and Sale
Agreement aid Receipt for Earnest Money and. Addendum dated June 29, 1993, (Purchase
A~reementj ~ti~ith Anna Beth and John L. Ernest and Feirba and Vernon Cairns as Sellers, a copy
of which is attached hereto.
Steele agrees to pay to Miller the sum ofd plus theme which Miller paid as
Ernest 1vlone}~, for a total consideration of~casli, which is to be paid as follows:
a. upon execution of this Assignment, which sum is to be deposited
in the }Jolland Realty Trust Account, for release by Holland Realty to Miller on October I5,
199 ~, unless Steele delivers a letter to Holland Realty to the effect that insofar as he can deter-
mine the right-of-first-refusal in the existing Lease Agreement between Sellers and McCaw Cel-
lular extends to more than the 13 acres described as Parcel D on the attached Addendum. In the
e~~ent of such notice by Steele to Holland Realty, the shall be refunded to Steele, and the
matter shall be deemed terminated without any liability by either party to the other.
b. Tl~e balance of the purchase price in the amount of~sl~all be paid
at the clasinc for the purchase b}' Steele of the 40 acres showm as Parcel "A" on the Addendum.
Steele represents that he will diligently pursue the performance of all of the conditions
and agreements by Buyer under the said Purchase Agreement, including the payment of the addi-
tional~towards the purchase price. If at any time he determines that he is not going to
close the Parcel "A" transaction, he will notify Miller in writing to such effect and abandon any
rights to i\tiller. f=or this purpose this Assignment shall be deposited in Escrow with Pioneer
Title Compam~ for delivery to Steele, along with a Quitclaim Deed from Miller to Steele, both
documents to be delivered to Steele at such time as the required are in escrow for deliv-
erv to Miller.
Steele agrees to give written notice to escrow of his intent to close the purchase of Parcel
"A" by Februan~ 5, 1994, or by the end of the first week after Preliminary Plat Approval,
~~~hichever is later, or his rights shall be abandoned and Miller shall have the right to have escrow
return the Assignment and Quitclaim Deed to him, and proceed with the purchase of the propert}'
in his own name and right.
In the event at any time Steele elects to abandon the project he shall notify Miller, and
Miller ~~~ill have the option to step back and continue with the purchase provided that Miller shall
return the originally paid by Steele, and Steele will leave the additional paid on
the purchase price and deliver to Miller all of the work product Steele has performed to the date
of deciding to abandon the project.
,i
,.:5.
Miller warrants that he has not transferred any interest in the Purchase Agreement; that
Ise leas full at~tl~ority to enter into this Assignment; and that the said Purchase Agreement is valid
and fully enforceable according to its terms; and that there is no default under said Purchase
Agreement.
Miller acknowledges that he has been represented by Agent Dan Dixon and agrees to pay
Dixon a 10% commission on the consideration for this Assignment which shall be payable from
escrow on the payment of the subjects , ~~
1993.
IN WITNESS WHEREOF this Assignment is executed this ~ day of Ste',
~---:>
Assignor: CK MILLER
Assignee: JON STEELS
STATE OF IDAHO)
)SS.
COUNTY OF ADA)
On this :~ da~• of September, 1993, Jon Steele, subscribed and sworn to and acknowl-
edLed before me.
~~ -
Notary Public for Idaho
Residing at Boise, Idaho
Commission Expires /' ~ ' `'
STATE OF IDAHO)
)SS.
COUNTY OF )
On this I day of Septer~He~; 1993, Rick Miller, subscribed and s«'orn to and ackno«•1-
edged before me.
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