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Tarawood Sub PP
Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208)884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> s87-22 t I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: PP-99-012 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY: MICHELANGELO fNVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY _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 fDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~~'~~ R~UEST FOR SUBDIVISION APPRC~L R PRELIMINARY PLAT ~ ~' ~' ®t 19~ PLANNING AND ZONING COMMISSION PI:A_''~" `"~ ~U\Il'~AG TIME TABLE FOR SUBMISSION: -~:.~9..°:Z A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Tarawood Subdivision 2. General Location: Aportion of the N %i of SW %a Section 20, T3N., R1E. 3. Owners of record: Michelangelo Investments, LLC ( Frank Stoppello, Manager) Address: 620 W. Hays, Boise, Idaho ,Zip 83702 Telephone 336-1020 4. Applicant: Michelan~?elo Investments, LLC (Frank Stoppello) Address: 620 W. Hays, Boise, Idaho ,Zip 83702 Telephone 336-1020 5. Engineer, Kathy Stroschein Firm Briggs En ing Bering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Michelangelo Investments, LLC Address 620 W. Hays, Boise, Idaho 83702 Telephone 336-1020 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 12.801 2. Number of building lots: 32 3. Number of other lots: 4 4. Gross density per acre: 2.81 5. Net density per acre: 2.50 6. Zoning Classification(s): Proposed R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition 8. Does the plat border a potential green belt? Nine-Mile Drain 9. Have recreational easements been provided for? 10' Pedestrian Pathway 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 990510\SUBAPPL-MER-pre I im (1) 12. What school(s) ser~ the area? Marv McPherson • , do you propose any agreements for future school sites? No ,Explain Proposed elementary- site northeast of the site in Los Alamitos 13. Are there any other proposed amenities to the City? No ,Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single-Family 16. Proposed Development features: a. Minimum square footage of lot(s): 8500 b. Minimum square footage of structure(s): 1400 c. Are garages provided for? Yes Square footage: 400 d. Has landscaping been provided for: Yes ,Describe Turf on Draina eg Lot (Lot 4, Block 21 e. Will trees be provided for? No ,Will trees be maintained ? N/A f. Are sprinkler systems provided for? Yes g. Are there multiple units ? No ,Type: Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: _ Garages and driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes ,Date: Sample CC&R's 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 990510\SUBAPPL-MER-prelim (2) BR/GGS ENG/NEER/NG, /nc, 1800 West Overland Road ENGINEERS /PLANNERS /SURVEYORS Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com July 1, 1999 STATEMENT OF COMPLIANCE TARAWOOD SUBDIVISION All proposed streets will be constructed to Ada County Highway District Standards with a 36- foot street section, curb, gutter and five-foot sidewalks. Connection to existing stub streets will provide vehicular access to the development. The development's transportation facilities meet all standards of the Meridian Zoning Ordinance. 2. The proposed single family development is in conformance with the Meridian Comprehensive Plan designation of Single-Family Residential. 3. The project will connect to the existing sewer and water facilities in the two stub streets in Los Alamitos Subdivision. An additional water connection will be made to a 10" water main in Sherbrooke Hollows stub-street. This will provide a looped connection to the water facilities within Los Alamitos and Sherbrooke Hollows. 4. The proposed development meets or exceeds all dimensional standards if the R-4 zone. The project complies with the provisions in the City Zoning Ordinance. All existing easements are delineated on the preliminary plat. a. Ridenbaugh Canal Easement: 100 feet (total) b. Nine-Mile Drain (south portion): 30 feet on subject property and 25.9 feet on Sherbrooke Hollows property. c. Nine-Mile Drain (west portion): 30 feet from centerline (east) and 30 feet from centerline (west) 6. Street names from adjoining developments have been continued into the subject development. 7. The cul-de-sacs within the development do not exceed the 450-foot maximum length. All (3) existing stub streets will be extended into the site. The Ridenbaugh Canal on the east and the Nine-Mile Drain on the west border the project. No street connections can be made to reduce block lengths. The Meridian staff needs to evaluate block lengths to determine compliance with the Ordinance. 8. The applicant is requesting preliminary plat approval for (32) single-family dwelling lots and (4) common lots. The proposed lots meet or exceed the dimensional standards for the R-4 zone. Lot sizes range from 8,528 square feet to 23,947 square feet. The median lot size is 11,694.15 square feet. 990510\Statement-compliance BRIGGS ENGINEER, INC. 1800 W. Overland Road - Bois~ho 83705 - (208) 3449700 Central sewer and water is available to the subject property. These services will be extended into the site. A regional pressure irrigation pump station is located next to the southeast corner of the subject property. The applicant hopes to make arrangements with Nampa-Meridian Irrigation District and the adjoining developers of Thousand Springs and Sherbrooke Hollows to connect to the pump station. Upgrades will be required on the pump station to accommodate this development. The adjoining waterways include Ridenbaugh Canal and the Nine-Mile Drain. The Ridenbaugh is too large to pipe and the Nine-Mile Drain cannot be piped based on statements made by the U. S. Army Corps. of Engineers. They indicated no approvals for major piping of creeks will be allowed. 990510~Annex-narrative 1S : ~ z ~ocucr owovc Nowo (ge(i ii~ 4. ~ ~ _~_ ~~ M o If s w ~ I 1~ ~~ 1 ~_~r-- ~ 1 } ~= 1 ~ ~~ l~ 1= _ ~ _ ~ ~~ t NMT6-1 ~ ~~ _1 Y~ t FI ~~ y~ S y W ____J~ ~ "'' ' I j1 { ~ g~ ~~~ f ~ _ I 4 {t ~ ~ i~ ! `~~ ~ ~ rr C t ~~~M ~: ,~ ~ %~ ~~ '~ I ~ ~~,. -~--= _ i ~. .e~i I~ III I. lil~ N~N ~~ ~~i~~~~g~~~~~~~~~~~ a a ~j MN ~~~ •~ ~~ ~`~ • ~ • iii ~p~ !~ ~~ ~! ` yy ~ !1 F ra 9g~~ ~ ~ ~~ ~~ ~~ ~~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~~ F ~~ ~! ~ . n X ! 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TAL4WOOD ST. ~ ' ~~©~~ Q~~ ~ ~ i i7 ~. 7 BL K l I 'E-i~~ t, 8 a 1 2 3 4 5 6 7 ~' Q~~9~~' ~c ~. ;` ~, .' r~ EDWORSHAK DR _.._ _ ____L __J,_ iO~~O~ ___ , \ ,• --i~'~~~~s-'--r-- ------------ ` `_ .'~ ~ ~ ~ ~ ~ i ~ ~ ~ _ i i 1 i i ~ ~ ~! -. ~~ ~ ~ _ ~ ----r----r- -'Y ------- i i i ~ i ~ i i i i ~ ~ ~ ~ i i ~ i ~ ` I f i ~ t ~ ~ ~ i i ~ y~ ~ ~~ . ' ` , ~ i -1--__1 ___S____1__~ 1 ~ _ ,. ._ ~ ~ ~~' T' ~ ~ i ' ~ ~ . _-._ ~' ~1 1 ~ ! I __ _____ h_____ _____ `yam _____Y____ _ _ ' ~', ~ __'. o'~, ,~ _____J_____~ _____ c VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' I R3 ~i i 1 ~ _ ~~ - - ---- -~ I °~ OVERLAND ROAD__________ ONE BOUNDARY (TYP) 1 RT R4 AI I ~ ~1 I MERIDIAN CITY `~ i LIMITS BOUNDARY I R, i I I RI I R1 i 1 fDI ~ ~ L ' i ~ ~ RT I ~ ~ ~ I i ~ Rf ~ .~~- ~ ,gym G~`~?`al ~ 45 'ri RT VICTORY R1 RT RT RT RT s RT 1 1 RT 1/2 MILE VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 900' • DESCRIPTION FOR TARAWOOD SUBDIVISION JULY 1, 4999 A parcel of land -lying in the SW '1 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more-particularly described as #oNows: Commencing at the southwestc~r~er of Section 20, T.3N., f2:aE., B:M., thence N 00°44'49"_E 1327.60 feet to the. southvicest .corner of the N '/ of the SW ''/4; Thence S 89°49'11" f 1273.08 feet along the south line of the N'/z of the S1N %. to-the REAL POINT DF $EGINNIN~ of-this description; Thence N 41°53'21" W 263.34 feet to a point; Thence ~ 40°44'21" W 140.40 feet-to-a point; Thence 1V 28°58'20" W 183.69 feet to a-.point; Thence -S S9°56'41" E5721-feet-to-a-point; Thence N 29°0.1'26" VN 233.14 feet to a point;. Thence 589°58'11"-E-57.2II-#eet to-a point; Thence 5-29°01'26° E 252:05 feet to a-point;. Thence x-89°56'41" E 140-7A8-feetto a-point; Thence -S 39°02'03" W 301.40 feet to a -point; Thence S 18°02'03" W 105A0 -feet-to-a-point; Thence S 12°06`03" E 117.00 feet to a point on the -south line of the. N '/ -of the -SaJal %; Thence N 89°49'11 " W 976.31 feet along the south line of -the N '/Z of-Yhe Sal1l'/ #o the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or-less. Michael E. Marks,l'.l_.S.1~to.4998 990510\tarawood.des AO~U!dTY RECORDER /~V~B'~AYARRO 1999 Jai L 1+ ~I; 2= 32 QUITCLAIM DEED y90~3070 ~- FOR VALUE RECEIVED, FRANK W. STOPPELLO and VICKIE M. STOPPELLO, do hereby convey, release, remise and forever quit claim unto MICHELANGELO INVESTMENTS, LLC whose address is 620 West Hays Street, Boise, Idaho, 83702, all right, title, and interest now owned or hereafter acquired in the following described premises, located in Ada County, Idaho, more particularly described in Exhibit A attached hereto. TOGETHER WITH all rights-of-way for ingress and egress, easements, water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected therewith. `~P ~ DATED: Frank W. Sto ello . S ~ 2 ~ ~ ~~ ~, e.1~~ev ~ Q~ DATED. ~ ~ Vickie M. Stoppello STATE OF IDAHO ) . ss. County of Ada ) On this y of _~ K~, in the year 2999, before me, ~~'~•- the undersigned, a Notary Public in~Ada County, State of Idaho, personally appeared FRANK W. STOPPELLO and VICKIE M. STOPPELLO, husband and wife, known or identified': to me to be the persons whose names are subscribed to the:~.`wtY`in. and , foregoing instrument and acknowledged to me that they~exeeuted- the same . •' .•~•' I1~ G~~NESS WHEREOF, I have hereunto set my hand and affixed ~:'_~: m ~,'~1~fici ~~~al the day and year in this certificate first above . ~:~~ w,~itter~ ~= r .•,•~~ Notary Public for t e State o daho •~,` •'f~' ~~~ ,~' Residing in Ada County, I ho ~.,,,,,~~~~~~~~~~' My Commission Expires: '~ s.-~: QUITCLAIM DEED - 1. Il~ VI~U~r '{~~S~F ~~ ~ o FEE' ~ ~' EF'E3T ~,' ~~ J EXHIBIT A • THIS PARCEL IS A PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF TSE BOISE MERIDIAN, ADA COUNTY, IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST GORNER OF SAID SOUTH HALE'' OF THE NORTH HALF OF THE SOUTHWEST QUARTER, THENCE SOUTH 89 DEGREES 49'39" EAST (OF RECORD NORTH 89 DEGREES 24'30" EAST) ALONG TSE SOUTH BOUNDARY OF SAID SOUTH HALF OF TSE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO THE TRITE POINT OF BEGINNING, THENCE NORTH 41 DEGREES 53'08" WEST (OF RECORD NORTH 42 DEGREES 39' WEST) A DISTANCE OF 263.20 FEET, THENCE NORTH 40 DEGREES 44'08" WEST (OF RECORD NORTH 41 DEGREES 30' WEST) A DISTANCE OF 140.40 FEET, THENCE NORTH 29 DEGREES 00'08" WEST (OF RECORD NORTH 29 DEGREES 46' WEST) A DISTANCE OF 183.80 FEET, THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) PARALLEL WITS THE NORTH BOUNDARY OF SAID SOOTS HALF OF THE NORTH HALF OF TSE SOUTHWEST QUARTER A DISTANCE OF 57.19 FEET, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 232.91 FEET TO A POINT ON TSE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOOTS 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) ALONG SAID NORTH BOUNDARY A DISTANCE OF 57.19 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 251.66 FEET THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) PARALLEL WITS SAID NORTH BOUNDARY A DISTANCE OF 1409.28 FEET; Page 1 of 3 • THENCE SOUTH 39 DEGREES 11'22" WEST (OF RECORD SOUTH 38__:. DEGREES 25.30" WEST) A DISTANCE OF 302.09 FEET; --- THENCE SOUTH 18 DEGREES 01'22" WEST (OF RECORD SOUTH 17 DEGREES 15'30" WEST) A DISTANCE OF 105.00 FEET; THENCE SOUTH 12 DEGREES 01'38" EAST A DISTANCE OF 116.94 FEET (OF RECORD SOUTH 12 DEGREES 47'30" EAST A DISTANCE OF 117.4 FEET) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; ~~ THENCE NORTH 89 DEGREES 49'39" WEST ALONG SAID 30UTH BOUNDARY A DISTANCE OF 977.29 FEET (OF RECORD SOUTH 89 DEGREES 24'30" WEST A DISTANCE OF 977.7 FEET) TO THE TRUE POINT OF BSGIl~Il~TING . TOGETBBR WITH A PERMANENT EASEMENT FOR INGRESS AND EGRESS AND INSTALLATION OF UTILITIES FOR RESIDENTIAL USE OVER THE FOLLOWING DESCRIBED PROPERTY: COIrII~SENCING AT THE SOUTHWEST CORNER OF SAID SOUTH BALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 49'39" EAST ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO A POINT, THENCE NORTH 41 DEGREES 53'08" WEST A DISTANCE OF 263.20 FEET, THENCE NORTH 40 DEGREES 44'08" WEST A DISTANCE OF 140.40 FEET, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 18 3.8 0 FEET TO THE TRUE POINT OF BEGIIaTIrTG OF SAID EASEMENT, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 197.45 FEET TO A POINT WHICH LIES ON A LINE 31.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF TSE SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 57'08" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 497.04 FEET; THENCE SOUTH 0 DEGREE 44'37" WEST A DISTANCE OF 19.00 FEET; THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 315.40 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SOUTH HALF OF THE NORTH BALF OF THE 30UTHWEST QUARTER; THENCE NORTH 0 DEGREE 44'37" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; Page 2 of 3 THENCE SOUTH 89 DEGREES 57'08" BOUNDARY OF SAID SOUTH HALF OF SOUTHWEST QUARTER A DISTANCE THENCE SOUTH 29 DEGREES 00'08" 232.91 FEET; EAST ALONG THE THE NORTH HALF OF 852.04 FEET; EAST A DISTANCE NORTS OF THE OF THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 57.19 FEET TO THE TRU$ POINT OF B$GIIaTING. Paae 3 of 3 ARTI LS OF ORGAN/ZAT~N ~'~L~~ LIMITED LIABILITY COMPANY To the Secretary of State of Idaho, 21 Statehouse, Boise, Idaho 83720 2 3a Q~ SE~p~~~A 0~ ~pAH~ F 5Z ATE. TS o~ 4, ti4 t o4 1. The name of the limited liability company is: Mir_helangelo Investments, LLC 2. The address of the initial registered office is: 520 w. Hays street, Boise, Idaho (not a PO Box) s 3 ~ 0 2 and the name of the initial registered agent at that address is: Frank w. stoppello Signature of registered agent 3. The latest date certain on which the limited liability company will dissolve: June 1 , 2049 4. Is management of the limited liability company vested in a manager or managers? Q Yes ~ No (a,ecic appropriate ~) 5. If management is vested in one or more manager(s), list the name(s) and addresses; of at least one initial manager. If management is vested in the members, list the name(s) and address(es) of at least one initial member. Name: Address: Frank W. Stoppello 620 W Hays Street, Boise. 2D 83702 of at least one person listed in #5 above: iewo s~c~Tatr a~ STATE e~i~~9~~ ~eiee CKe 3433 CT: 963A4 BHs 27669 l e lam. ~ = 1~. ~ ORBAFI LLC A 2 ~ ~~~ t LLC1 /593 File Two Copies Fee: $100 if typed with no attachments J ~FIDAVIT OF LEGAL INTEREST. STATE OF IDAHO ) ss COUNTY OF ADA ) I Frank W. Stoppello, Manager of Michelangelo Investments, LLC Name Address 620 W. Hays Street, Boise, ,Idaho, 83702 ,being first duly sworn upon (city) (state) oath, depose and say: Michelangelo Investments, LLC ~.s 1. That-I-a~+ the record owner of the property described on the attached, and I grant my permission to Briggs Engineering, Inc., 1800 W. Overland Rd., Boise, ID 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 25th day of June , 19 99 SUBSCRIBED AND SWORN to before me the day and year first above written. L Notary Public for Idaho Residing at Boise. Idaho My Commission Expires: 11-08-2000 5 Manager, Michelangelo Investments, LLC CO ADA COUNTY *** I ES .- DEVELOPMENT SERV C PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 of FAX: (208) 364-2406 BUILDING • ENGINEERING • PLANNING • ZONING June 28, 1999 Becky Bowcutt Briggs Engineering, Inc. 1800 W Overland Road Boise, Idaho 83705-3142 RE: Subdivision Name Reservation - TARAWOOD SUBDIVISION Dear Becky: At your request I will reserve the name "TARAWOOD SUBDIVISION" for your project. can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/jp ~ ~ JV. TARAWO OD SUBDIVISION 300 150 0 300 600 900 SCALE IN FEET ~ r 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 November 3, 1999 for the purpose of reviewing the application of Michelangelo Investments for the reconsideration of the preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8th day of October, 1999. c ILLIAM G. BERG, JR., LERK PUBLISH October 13 and 27, 1999. ~`~~{~~~i~-`rirr+rr~~~~~~ ~~~ ~~~ ,~ /~ tai ` o~~r~ ~ '' O J ~ ~ _ ~Y4~ c i j'~~1i~;t!ttz r~t~;.yt~ M:n•°r HU[3 OF TRE.-ISURE VALLEY L ROBERT D.~CORR[E A Goad Place [O Live EGAL DER\RTMENT Cit Cou il M b CITY OF MERIDIAN (2p8) _38.2-199 • F:,x 288-3501 y nc em ers PUBLIC WORKS CFIARLES ROUNTREE 33 EAST IDAHO BUILD[NG DEPARTMENT GLENN BENTLEY NIERID[AN, IDAHO 83642 (208) 337-3211 • Fax 887-1297 RON ANDERSON (203) 888--1433 • Fax (208) 387-4813 PLANNING AND ZONING KEITH B[RD City Clerk Fax (208) 888-4218 DEPARTMENT ('_08) 834-5533 • Faz 887-1297 FACSIMILE COVER SHEET FAX NUMBER: ~ 7 7' ~ -3 ~ 9 DATE: ~~ ' l ~ " ~ 9 ~. TO: TITLE/DEPARTMENT: CONFIDENTIAL: YES NO k TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN l ~ r .i i - FAX NUMBER: (208) 888-4218 TITLE/DEP COMMENTS: ~~ -Rr.-u.., ac..~ .~'2cr (~f a ~-- . .ems ox. (~ a7~ 994. a.CC~ ~ ~o ~S~ PLEASE. CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. (,~-Q~Q-r' I I R3 , `, ~~ _ ~- - ------~: ~~~~ RT ~a OVERLAND ROAD__________1 Rd MERIDIAN CITY LIMITS BOUNDARY i R1 I I R~ i I Rt i 1 i I ~ ~ ~ RT I i Rr ~ BOUNDARY (TYP) 1____________ N RT RT 7 ~. ,~f'II T T a~~~ " R;' RT RT C~ RT 0 fi7 RT I // RT 1 1 RT 1/2 MILE VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 900' PARCEL ~ S112042792 y 8533015001 3 8533015003 8533015034 ~l 8533015002 (~ 8533014019 7 8533015036 g 8533016040 9 8533015042 tO 8533018025 // 8533015038 /L 8533016022 /3 8533016020 /~( 8533016018 /~j 8533015046 /` 8533015044 /~ 8533016054 / Y 8533016044 /y 8533015039 ~/ 8533015010 y / 8533016047 u 8533015009 Z; 8533014023 1~ 8533014024 2S 8533014025 Z(. 8533014026 ~ 7 8533015008 ~ 8533016037 17 8533016026 30 8533016024 3/ 8533016023 7y 8533016021 33 8533016019 8533016017 35 8533015045 3fj 8533015043 3~ 8533015041 8533016045 jg 8533016046 yo 8533016036 / 8533015011 yt 8533015040 y~ S112032565 ~/S112032561 y S112032567 l/~ S112031510 ~/~ 8533016035 ~/,~ 8533015012 y~ 8533016032 $ry 8533016033 ,~/ 8533016031 s2 8533016034 gj 8533016030 sv 8533016029 ,f,§ 8533016028 S(~ 8533016027 '7 8533015050 Sp 8533015049 s 7 8533015048 !fO 8533015047 Q/ 8533015013 (~Z S112032575 ~ S112032577 (~ S/ 8785117025 `r 8785117026 (~(0 8785117027 (~? 8785117028 ,jj 8785117029 `'R 8785117030 7a 5112034530 ~l S112034480 jZ S112034720 73 s11zo3aaao 71/ 8785117034 ~" 8785117033 ~ 8785117032 77 8785117031 7tt 8785117040 '9 8785117041 Qp 8785117042 OWNER OWNADDI GOLDSMITH MARTY LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS ASSOCIATION WILSON KELLY L 8 ERIC E TOMLINSON WADE A & NIKI A MADER STEPHEN F & SHEILA K GOEHNER ROBERT P & ROXANNE J ZIMMERMAN MICHELE C LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS ASSOCIATION IN WENDT JASON T & KIMBERLY A GLASS DAVID F & GLASS CHARLENE C ASHWORTH DAVID L & BRENDA C HUNT ELMER E III & HUNT DANETTE BERG JOSEPH D 8 BERG ILENE A KIRKEMO RONALD B & KIRKEMO SHARON J HARPER LAWRENCE R & HARPER JANET A KIMBALL H MICHAEL & PATRICIA A LOS ALAMITOS PARK SUBDIVISIO ASSOCIATION INC ROBISON JOEL R & ROBISON STACEY H MILLER KEVIN DWAYNE & MILLER LAZONNIA JEAN KEELING DELORIS M FUHRMANN PAUL E & DORIS L PETERSEN DONNA H MCCLURE JOHN M & LEIGH ANN LEWIS STEVE V & JOHNSON- TAMBRA L OSBORNEJOHN R LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS ASSOCIATION IN LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS' ASSOCIATION HOME ART CORPORATION INC CAPLE RICHARD N JR & CAPLE TERESA KI OK HONG BUMGARNER BARRY G & BUNGARNER ANITA M GREER JOHN F & GREER LORETTA F DUTHIE JAMES M & DUTHIE TAMARA L MILLER GARY C TABBUTT KENNETH A & TABBUTT BARBARA J ANDERSON EDWIN E & SPEAR SHARON E RUPPERT RONNIE L & VIVIAN J DE MEO MICHAEL R & JOAN M GABORICK CYNTHIA M KAWAKAMI JACK M & KAWAKAMI TERRI H HJORTH RONALD A & HJORTH EVA I E KING JEFFREY L 8 AMY L LOWTHER JAMES MARION JR SOOTER M ICHAEL A & JOANNE L BABBITT GENE A & FREDA E L STOPPELLO FRANK W & VICKIE M GOLDSMITH MARTY MEEKER DANIEL W & HOLTON NANCY L HOLIER ERIC C & HOLIER LISA M BRAWNER VICTOR W & BRAWNER JENISE N DODGE CHARLES & DODGE SUSAN M ROARK ROBERT W SHAW MICHAEL D & SHAW RENEE B WEBB JANET D EMERY JOHN R & EMERY VALERIE B PERRY DAN R & PERRY BETTY S HARTZ BERTON S III AND MARTINDALE CHRISTINA M RICHARDS MARKS & CYNTHIA A TAYLOR CHRISTINA S & TAYLOR WILLIAM C PAYNE FREDERICK & DIANNE SEITZ DOUGLAS A 8 RAQUEL A BLISS STEVEN A & LORENA N BABBITT CLIFFORD D SHIPLEY JOHN STANLEY & GLENDA SUE GLENN JOHNSON HOMES INC STACY WAYNE H GEM PARK II PARTNERSHIP WHITE AND SONS BELL JEFF & BELL WENDY GEM PARK II PARTNERSHIP GEM PARK II PARTNERSHIP GEM PARK II PARTNERSHIP GOLDSMITH MARTY NAMPA MERIDIAN IRRIGATION DIST GEM PARK II PARTNERSHIP NORTHWOODS CONSTRUCTION LLC GEM PARK II PARTNERSHIP GEM PARK II PARTNERSHIP VANDEWATER CHESTER L & VANDEWATER RENA M ROPER CONSTRUCTION INC HALL DERRILL LYNN & HALL CYNTHIA M T • OWNADD3 4550 W STATE ST 9550 BETHEL CT 2517 S BAYOU BAR WAY 2520 S BAYOU BAR WAY 2539 S BAYOU BAR WAY 2560 S RIVER DOWNS PL 2542 S BAYOU BAR WAY 9550 BETHEL COURT 1991 E THREE BARS DR 2551 S TAGISH WAY 2564 S BAYOU BAR WAY 2129 E THREE BARS DR 2101 E THREE BARS DR 7651 DEVONWOOD 2033 E THREE BARS DR 2015 E THREE BARS DR 9550 BETHEL CRT 2571 S BRANDYS JEWEL AVE 2582 S BAYOU BAR DR 2575 S BAYOU BAR WAY 2582 S BRANDYS JEWEL AVE 1835 E TIME ZONE DR 1751 E TIME ZONE DR 1779 E TIME ZONE DR 1801 E TIME ZONE DR 2440 S MISTER TINK PL 9550 BETHEL CT 1580 W 4TH ST #201 2178 E EASY JET ST 2154 E EASY JET ST 2132 E EASY JET ST 2110 E EASY JET ST 2086 E EASY JET ST 2058 E EASY JET ST 2028 E EASY JET ST 2002 E EASY JET ST 1986 E EASY JET ST 2579 S BRANDYS JEWEL AV 2583 S BRANDYS JEWEL AVE 2606 S TAGISH WAY 2603 S BAYOU BAR WAY 2610 S BAYOU BAR WAY 2620 S LOCUST GROVE RD 2570 S LOCUST GROVE RD 782 ARLINGTON DR 4550 W STATE ST 2614 S TAGISH WAY 2629 S BAYOU BAR WAY 2201 E EASY JET ST 2615 S TAGISH WAY 2177 E EASY JET ST 2617 S TAGISH 2626 S GOLD BAR WAY 2111 E EASY JET ST 2085 E EASY JET ST 2057 E EASY JET ST 2029 E EASY JET ST 2003 EASY JET ST 1987 E EASY JET 1963 E EASY JET ST 2655 S BAYOU BAR WAY 11881 W AMITY RD 2770 S LOCUST GROVE RD 2464 S MAPLE GROVE RD 1858 SUMMERCOVE DR 6223 N DISCOVERY WAY 565 JACKSON ST 1357 E PITKIN AVE 6223 N DISCOVERY WAY PO BOX 344 PO BOX 344 4550 W STATE ST 1503 01ST ST SOUTH 6223 N DISCOVERY WAY 2104 SILVERCREEK LN 6223 N DISCOVERY WAY 6223 N DISCOVERY WAY 1937 E SUMMERRIDGE DR 10106 CALICO ST 917 SYLVAN ST OWNLAST BOISE ID 83703 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4505 MERIDIAN ID 83642 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 BOISE ID 83703 MERIDIAN ID 83642 BOISE ID 83642 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4555 MERIDIAN ID 83642 MERIDIAN ID 83642-4507 MERIDIAN ID 83642-4507 MERIDIAN ID 83642-4509 MERIDIAN ID 83642-4503 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-7439 MERIDIAN ID 83642-6680 EAGLE ID 83616-4748 BOISE ID 83703 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 BOISE ID 83709-5058 MERIDIAN ID 83642-6681 BOISE ID 83709 MERIDIAN ID 83642 BOISE ID 83713 BOISE ID 83705 MERIDIAN ID 83642 BOISE ID 83713 MERIDIAN ID 83680 MERIDIAN ID 83680 BOISE ID 83703 NAMPA ID 83651 BOISE ID 83713 BOISE ID 83706 BOISE ID 83713 BOISE ID 83713 MERIDIAN ID 83642 BOISE ID 83709 BOISE ID 83706 ** TX CONF I RMA~~''N REPORT ** AS OF OCT 08 '~14~37 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 11 10/08 14 37 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'30" 001 168 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999 for the purpose of reviewing the application of Michelangelo Investments for the reconsideration of the preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hafl, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon n~quest. Any and alt interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8~' day of October, 1999. S ILLIAM G. BERG, JR., LERK 1\\\\St1 Yt lTf llf/I//! PUBLISH October 13 and 27, 1999. ,'*~~~oG;~•l ~~T',~W,,~~,; ~ Fo .~y~d'iL r ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Michelangelo Investments for annexation and zoning of 12.801 acres, which is generally located south of Los Alamitos Subdivision and north of Sherbrooke Hollows Subdivision. The application requests a zone of R-4. Further the application requests preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10~' day of August, 1999. PUBLISH August 11 and 25, 1999 ~/~ WILLIAM G. BERG, JR., I CLERK ``~~„u---urrrrfr~ w f ~ Q ''r x = S~~L i 9~ ~ .+ ,9 ~T ~ • ,~ March 30, 2001 AZ 99-0 l 5 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Michaelangelo Investments, LLC ITEM NO. `~- REQUEST Ordinance -annexation and zoning of i 2.80i acres for Tarawood Subdivision -- south of Los Alamitos Park and north of Sherbrooke Hollows AGENCY COMMENTS CITY CLERK: See alfiached Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~ /~ f ~ ADA COUNTY HIGHWAY DISTRICT: V SANITARY SERVICE COMPANY ~ CENTRAL DISTRICT HEALTH: ~,c~ v ~~y " NAMPA MERIDIAN IRRIGATION: (~ I SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacired: ~2a..chpLhd (`acs-~ Date: Phone: 3~y -9-(~p Materials presented at public meetings shall become property of the City of Meridian. ,~-- RECEIVED 0/~~~~ MAR 2 9 2001 C~pr interoffice . CITY of MERIDIAN M E M O R A N D U M To: From: Subject: File: Date: Mayor Robert D. Come, City Counc~ d William G. Berg, Jr. Wm. F. Gigray, III Tarawood Subdivision AZ Findings and Development Agreement AZ-99-015 October 26, 1999 -~ ~ZQ,.- Mayor Corrie, Council and Will: Please find attached the revised Annexation and Zoning Findings of Fact and Conclusions of Law and the revised Development Agreement, from the previous submitted documents. I have prepared these revisions pursuant to the action of the Council at their October 19`h meeting. Additionally, please revietiv the Annexation and Zoning Findings as they will be placed upon the agenda for the November 3`d meeting for consideration. Also, please note the revisions pertain to the additional staff comments of the preliminary plat, both in the findings and the development agreement. I have additionally added new language to the Decision and Order in number 1,2,3,4, and ~. If you have any questions please advise. msa_/Z:\WorkWl\Meridian 15360M\Tarawood Subdivision\MavorcouncilBerg102699.Mem P.S. Additionally, the Annexation and Zoning Ordinance, Certification of the City Clerk, Resolution and the Certificate of Clerlc were previously sent to your office on October 12, 1999. N`~~f.~ fez 0''~. ~ a-t1 t'~Q-~~ ** TX CONFIRMATION REPORT ** DATE TIME TOiFROM 10 05103 12 11 208 336 1027 AS OF MAY 03 '00 12 13 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 02'29" 009 080 OK Phone: 208-888-4433 Fax 208-888-4218 Fax ~: Frank Stoppello Fronk Shelby Fax: ?j ~j `O -- ~ ~ a'~ pages; J pt~ Dusts: 05/03!00 ttas Tarawood PP Findings ec: ^ urgent ^ For RevisYr ^ Ptaase CwrMt~ent O Please ReMY O Phase Rerycta Frank, As requested, here are the Findings for the Preliminary Plat Please call if you have any questions. Shelby Phone: 208-888-4433 Fax: 208-888-4218 Fax ro: Frank Stoppello From: Shelby Fax: ~j' ~ t`D ~ [ ~ ~'~ Pages: 9 Hate: 05/03/00 Re: Tarawood PP Findings CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle Frank, As requested, here are the Findings for the Preliminary Plat. Please cal! if you have any questions. Shelby 5 w _ MERIDIAN CITY COUNC!!. MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MlCHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10!5199) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC~OUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, I believe that if you entertain a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October 5`h Rountree: Mr. Bentley. w MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 64 Bentley: Mr. President, I would move that we continue the public hearings for Items No. 13 through Item 20 until October 5"', 1999, and that is on the revised 9/20/99 agenda. Bird: Second. Rountree: Been moved and seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5th. Any discussion? All those in favor? MOTION CARRIED: ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5~'? Okay. It'd be on the front of the agenda. We won't have another two-hour hearing between you and - Bentley: Table the rest? Rountree: Well, we can move on the rest if -- I mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. -BROADWAY AND 8T" STREET (851 W. P(NE): (APPROVE) Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President ~ ~ ~~~'1 ~'1 ~ '' CITY C~ ~"~IE~.ID~~Y BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR TARAWOOD ) SUBDIVISION BY ) rl~ T~ .,- .r.,. ,r r.717~T~ j~ ) ~-r-.-~v ~c z~aSY Case No. PP-99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 21, 1999, continued until October 5, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Beclcy Bowcutt of Briggs Engineering, Inc., appeared for the Applicant, and Franlc Stoppello, the owner of the. property, appeared and testified, and appearing in opposition was Clint Riley, President of Los Alamitos Subdivision, and additionally continued to November 3, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared at the hearing, and the Applicant's representative, Beclcy Bowcutt of Briggs Engineering, Inc., appeared at the hearing and testified, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins-Clarlc, Assistant Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Preliminary Plat Drawing DWG DATE: 06- 30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 1 • JUL OI 1999, BRIGGS ENGINEERING, INC., for TA.RAWOOD SUBDIVISION, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and ,the property is presently zoned ,and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 2 • within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "DWG DATE: 06-30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped JUL O1 1999, BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 3 • • 1. The Preliminary Plat of the applicant as evidenced by "DWG DATE: 06-30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped JUL O1 1999, BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Ada County Highway District's Recommendations as follows: 2.1 Developer shall extend Bayou Bar Way into the subdivision between Lot 3, Bloclc 1, and Lot 1, Bloclc 2, as a 37-foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of-way. Transition of the sidewalk and right-of-way dedication shall be coordinated with District staff. 2.2 Developer shall extend Gold Bar Way into the subdivision between Lot 9, Bloclc 2, and Lot 15, Bloclc 3, as a 7-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of-way. 2.3 Developer shall extend Short Horn Avenue into the subdivision between Lot 8, Bloclc 1, acid Lot 1, Bloclc 3, as a 37-foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of-way. 2.4 Developer shall construct all public roads within the subdivision as 37- foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 2.5 Developer shall construct an ACRD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of4S-feet. Applicant shall submit designs of the turnarounds for review and approval by District staff. 2.6 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 4 • • 2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1SSS) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 337-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 2.8 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 2.9 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Central District Health Department's Recommendations as follows: 2.10 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2.11 Run-off is not to create a mosquito breeding problem. 2.12 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.13 The Engineers and architects involved with the design of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 5 • C~ project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 2.14 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.15 Requires all laterals and wasteways be protected. 2.16 All municipal surface drainage shall be retained on site. 2.17 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Adopt the Meridian Fire Department's Recommendations as follows: 2.18 All street name signs shall be installed before building commences. 2.19 No parking of vehicles or trailers in cul-de-sacs. 2.20 All common areas shall be kept clear of trash and weeds. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.21 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.22 Fire hydrant placement shall be coordinated with the City of Meridian Public Worlcs Department. 2.23 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.24 Applicant will be responsible to construct the sewer main to and through this proposed development. Subdivision designer to coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 6 • main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.25 Applicant will be responsible for the construction of the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Worlcs Department. 2.26 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.27 Applicant to provide for a common lot to be owned and maintained by the Home Owner's Association along the southern boundary of the subdivision from Nine Mile Drain to the Ridenbaugh Canal, which common lot shall be of sufficient width as required by staff for pedestrian access use. 2.28 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Adopt the recommendations of the Planning and Zoning Commission as follows: 2.29 Applicant shall maintain or deed lot 1 block 1. /6'z By action of the City Council at its regular meeting held on the C day of /f~o lei ~,.~ ~-v 1999. By: ~J~ R T D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 7 s • Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By~ ,~~~ ~G' Dated City Clerlc l~ l~-~~ msg~Z:\Work\M\Meridian 15360M\Tarawood Subdivision\FfClsOrd.PP ~~ ~J ~~~Of'~ ~ ~ ® ~~ G ~ ~~ •`~ LC e~.~as~~ 9 ~~ tt,,,~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 8 Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 40 Barbeiro: Excuse me with inclusion of the modified site plan as offered by Johnson Architects today. De Weerd: Just to reference staff comments number 7 with a 35 foot landscape strip that the 19 foot would be acceptable with some additional plantings working with staff and with staff approval. Barbeiro: I concur. Borup: Okay add that to the motion. Hatcher: In addition on the motion, I think it needs to be clarified that upon coordination with staff, if a lift station is installed to temporarily provide sewer to the northern line that upon installation of utilities in the future Freeway Drive that this project be switched over to gravity fed and the temporary lift station be abandoned. Barbeiro: I concur. De Weerd: So have I seconded that yet? I would second all that. Borup: Now we have a motion and a second. Any other discussion. All in favor. MOTION CARRIED: ALL AYES Borup: Okay. Thank you. That concludes Item number 7. It would be a good time for a five minute break. ITEM NUMBER 8. REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY ~PJ4I~GELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Borup: We would like to reconvene the Meridian Planning and Zoning Commission meeting. Brad. Hawkins: Commissioner's, again I'd like to address comments to both the annexation application and preliminary plat together. The first annexation application they requesting a rezone from the current county rural transition to an R-4 zone. This is the site here in the middle. It is bounded by R-4 on the east with the proposed Thousand Springs Subdivisions. On the north with existing Los Alamitos and on the south by the proposed Sherbrooke Hollows, which does have some construction begun on the south but not adjacent to this site. It is more or less an in fill subdivision. The location is access would be taken off Locust Grove to enter the site. The more specific detail of the plat is here. You should have in your packets a response from Briggs Engineering to our staff comments. The principle concern if you read that is the proposed pedestrian pathway that staff would like to see here on this far east boundary. It is an on going issue as you know with Nampa Meridian Irrigation District in terms of access. In their Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 41 dedicated easements for the Ridenbach Canal. I guess more or less the philosophy here is to meet Comprehensive Plan to encourage pedestrian pathways. There is not currently on the proposed Thousand Springs a connection, but if you don't build it now it is not going to happen in the future and that is the reason for asking for an adjustment here to get an easement. Exactly where, I guess we felt between lot 7 and 8 would be the most appropriate to access and then potentially come down south. There is an existing easement in Sherbrooke Hollows on the south here which also leads to the Ridenbach easement. Other then that we do ask that the staff comments be incorporated. Thanks. Borup: Any questions for Brad at this point? Is the applicant or their representative here this evening. Bocutt: Becky Bocutt, Briggs Engineering, 1800 W. Overland, Boise. I am representing the applicant in this matter. What we are bringing before you as Brad indicated, it's an in fill parcel. It is developed on 3 sides. We are requesting an R-4 zoning designation which is consistent with Los Alamitos, Thousand Springs and Sherbrooke Hollows. We have 32 buildable lots in this project on approximately 12.8 acres. Our density is 2.5 dwellings per acre. The project will be accessed through existing stub streets. There are 2 existing stub streets coming out of Los Alamitos. There on easy jet. They were stubbed to this property. In the Sherbrooke project we put that stub street there and I believe that is constructed because that is in Phase 2. The stub streets and the sewer and the water are available to this site. We have the Ridenbach Canal on our east boundary on the west boundary we have the Nine Mile drain. We concurred with staff comments and conditions with the exception of sites specific number 5 as stated by Brad where staff is requiring pedestrian separate pedestrian lots on each east and west end of the property leading to the drain and to the Ridenbach Canal. One thing I'd like to show you first of all, this is the subject property here. This is a map that I did for Sherbrooke Hollows at the highway district to show all the linkages we have with public streets. All the streets are outlined in the green. This right here is the subject property. The lot lines are not reflected but the street connections are very similar. This was drawn prior to that preliminary plat. As you can see with this linkage here, this leads through public street with 5 foot sidewalks both sides to a vehicular bridge across Ridenbach Canal and makes a connection to Thousand Springs Subdivision. With this vehicular connection where we have ACHD public bridge, 5 foot sidewalks both sides, we will have our pedestrian connection. Also, if you come south out of this project in to Sherbrooke Hollows we have a designated pedestrian pathway. It is paved up to the edge of the easement for Nampa Meridian Irrigation District. This property has trust funded for half that pedestrian bridge and the Thousand Springs project will be trust funding for the other half. Those monies will be with Ada County Highway District and the bridge the pedestrian bridge will be constructed as soon as Nampa Meridian Irrigation District gives their approval. Some of the members here are new, so I might explain Nampa Meridian Irrigation District's position. They have basically fought us on any pedestrian connections along their right of ways or easements. There has been a agreement in the past few months I believe for pedestrian access along a particular drain. Mr. Borup may be able to comment on that. That was not one of my projects. I Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 42 believe he has some details on that. However, on live canals or laterals, they have granted us any pedestrian access. That doesn't mean that people don't jog on them, walk their dogs, ride their bikes. Yes, that still happens but according to Nampa Meridian Irrigation District, if we designate these as pedestrian pathways then we are encouraging people to use their easements or their right of ways. They feel that they have a liability and according to their board of directors, I went before their board on these pedestrian bridges with Thousand Springs, and their board and their attorney made it quite clear until Nampa Meridian Irrigation District is in indemnified by the city of Meridian in some type of agreement, we will not allow these accesses. If this body or the staff imposes a condition that says you shall provide pedestrian access Nampa Meridian will not allow me that connection. So they will go nowhere. My point with this map is, we've all ready got these designated areas. I think we should try to coordinate them and combine them. We don't want kids having multiple points of access to these water ways. Yes, they can be used for recreation but they are still a danger. If we can control the access, I believe that is the best approach from a planning perspective. With the linkages, public street linkages and our sidewalks and this connection here, in the future I think it is satisfactory. That is why we disagree with staffs condition. De Weerd: Becky while your up there, can you point out, I understand there is some open areas or park land. Can you point those out. Bocutt: Yes, I highlighted right here in yellow. This is 54 acres that has been purchased by the Meridian School District for a future high school with a collector that will come off Overland Road for access to this site. There is 4 acres right here in the southeast corner that was deeded to the City of Meridian by G.L. Voight Construction about 3 years ago. 2.3 acres were deeded to the City out of Los Alamitos and then with Thousand Springs number 2, this was deeded on the plat to the City of Meridian and that is about 2.4 acres. This was designated for a future park site or elementary school site. That was what was debated when this project came through the process and Los Alamitos. Since the city has ownership, there has been talk by the school district that they believe that will end up being a city park. They are looking for other property in the vicinity for a future elementary school out in this area. The only portion that is not owned by the city is this little portion here that I dashed in yellow, they would like to get possibly another 4 acres here to kind of square that parcel up. This property is not developed at this time. The city has made it quite clear to the property owner and people that have optioned the property, that they will be expecting this little area to be put with this property for the park site. A gentleman lives here on Eagle Road, I think he is with the Lyons Club. He was asking me questions about going in and improving this. I don't know if Tammy knows anything about it on the Parks Department or the committee, he discussed that the Lyons Club would go in and make some improvements and try to get that park in service. De Weerd: Was that Gordon Harris in Kiwanis? Bocutt: Yes. Okay Kiwanis that was it. Lyons, Kiwanis close. Anyway, he indicated that they'd like to make some improvements and get some donated time from Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 43 contractors especially where they have contractors in the vicinity on the adjoining subdivisions. While those guys are out there, maybe get the properties leveled and see what other donated time could be rounded up. Lastly, as far as compatibility, the densities in this particular project are consistent if now a little bit lower than Sherbrooke Hollow's and Los Alamitos. The lots that adjoin our northern boundary here-the smallest is 8400 square feet and they are probably ranging 84 to 89 hundred square feet. They are a little bit larger over here, but as you can see the way we designed this with the two culdesacs coming up, we have minimized the number of lots backing up to these existing developed lots. Our lot sizes range from 10,800 square feet here, we've got one that is 10,100 all the way up to this lot here is 23,900 square feet. I do have one smaller lot that is 8528 but its side lot line abuts this lot one on the corner of Goldway and Easy Jet. We are pretty much in the ball park if your averaging out our lots are probably a little bit bigger cause we are averaging more toward the 10's and 9,000 square feet. That concludes my presentation. Do you have any questions. Borup: Commissioner's? Hatcher: The only question that I've got is maybe addressed back to you and that's what Becky brought up in regards to this on going dispute as to the irrigation canals- access or no access. I know that Meridian has been in the works for some time trying to create green belts for lack of better words, on some of the main fringe canals, but yet I also know that-I know exactly what Becky is talking about. Where has the city gone with that. Borup: I don't know if I am a good one to talk about that or not. It has been in the Comprehensive Plan since the Comprehensive Plan was developed. At this point, the only one 1 am aware of is the Fathergill Greenbelt. The city and Nampa Meridian did come to an agreement and have a agreement signed on that project. I really feel its - we've accomplished it once. Hatcher: Would it establish a precedent for future - Borup: I would hope so. Where we can go from there I don't know. We need to get our foot in the door at least one other area. Hatcher: Steve, do you have anything else to add to that? Siddoway: Mr. Chairman, Commissioner Hatcher, I only know that Nampa Meridian has had issues based on liability and fears of trash being thrown into their live irrigation ditches. I know that as staff, we feel strongly that they need to be encouraged and we want to see them developed in the city. The issues with Nampa Meridian has been a road block and I do not know of wholesale solutions to that at this point. Borup: Commissioner Barbeiro has a question Barbeiro: What is block 1, lot 1. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 44 Bocutt: Block 1, lot 1 is a portion of this property but it's an unusable portion. It was intended for access into the parcel through an existing easement. As you can see, this property is land locked until these stub streets were provided. It did have access through an easement off Locust Grove. I think Mr. Stepello could probably tell you the long history on that but it is not a usable parcel. Our recommendation to him was that it be platted as a separate non-buildable lot and then if an adjoining property owner could utilize that area, that would probably be the best use. We do not intend to landscape it. It is next to the drain too. The drain running or are adjacent to it. Barbeiro: And for the record, I belong to Kiwanis. De Weerd: Becky, how would you maintain that lot? Bocutt: That lot 1? Our intent is to leave it in its natural state. It's taken up by part of the drain and the access road along the drain. Some of its-the use like I said is to make an arrangement with the adjoining property owner because their the one that can use it. Lot 3 really couldn't use that area. It's 57 feet wide and it runs back a couple hundred feet so it's just kind of like a little access corridor that was created years ago. It is part of this property so we can not exclude it from the plat. Something has to be done with it. Freckleton: Becky I was just wondering, could that be split into 3 different parcels and then deeded to each of those 3 adjacent property owners instead of having it one piece and letting them just occupy it. Bocutt: Possibly if the city would consent to that. If it is just one lot I don't know if Gary would allow us to do a property boundary adjustment where we were segregated into 3 parcels. If it is anon-buildable lot anyway, I don't know what the harm would be. I guess you'd have to consult with the (inaudible). Freckleton: It would be a better way to clean it up it looks like. (inaudible audience discussion) Borup: Becky I think you are saying that at this point the developer would not be maintaining that lot. When you say natural state that means a weed patch. Bocutt: Correct. It would not be manicured. We hope to make arrangements. Mr. Stoppello has been working on that. Borup: It sounds like from that standpoint trying to deed that to those three lots would be preferable in the long run to the applicant too. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 45 Bocutt: We have an option I believe of going to the west. I think that's what this gentlemen-he has shown some interest in it. We have looked at that option. Going with lot 3 makes no sense. Manicuring that area does not make any sense either. Borup: Don't you have a canal between that and the property to the west? Bocutt: There is a drain running through there. I believe this gentleman can explain why he would want that. Borup: We will have a chance to do that right now. Any other questions for Becky. Sir would you still like to comment. Babitt: I am Gene Babitt. 2570 S. Locust Grove Road. I own the drain ditch-the 50 foot of the drain ditch. Mike the gentleman right over here owns the ground on the other side, the west side of it. What I would recommend is the developer deed that ground to him and I'll work out a deal with Mike to give him that 50 foot and that will end the problem so simply that there won't be no problem. Borup: Have you had a chance to talk with the developer. Babitt: He never comes around. I know what your saying. I'd be glad to talk to him. Definitely. Borup: Telephone's work real good. Babitt: Yes, but it is a two way street. Borup: Okay any questions for Mr. Babitt. Anyone else here to testify on this application. Suitor: My name is Mike Suitor. 2620 S. Locust Grove. Like Gene, our neighbor said, where that north figure is the end-that is our property. Then you have Gene's 50 foot and then Franks number 1 lot. Frank has used an easement through our property to get to his (inaudible) for agricultural purposes. Our statement is that the first I heard was when Gene just mentioned about Mr. Stopello deeding over the land or however lot 1 to me-it's the first I heard of that, but the reason I am here is that the easement is used for agricultural purposes. With a three new accesses through -2 through Los Alamitos and 1 through Sherbrooke, we would like to see no construction or development traffic down that easement at all. We don't feel there is a reason or need for that since the accesses will happen. We were worried that with his personal easement that we did not want that to go to any landowner, let's say lot 3 or whatever or a home owners association would that easement become defunct. I am not sure how much you have access over that but we just wanted to state that so that with the other accesses there is no reason for it. Before that, it was the only way to get into his property and to cut his hay. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 46 Borup: Any questions from the Commission? Just a clarification, your saying -when you say easement your saying that's true that the applicant does not have the deed to that property. They are not the owners? Suitor: You talking lot 1 or my property. Borup: Lot 1. Suitor: He has the deed to that property. Borup: Okay. There is a easement through your property to get to that lot 1. Suitor: Off of Locust Grove. That is the only way into the property. Borup: That crosses the drain ditch then. Suitor: yes, and it also crosses-there is a home property that I have an easement through and then there is also Gene's property that he has an easement through too. Borup: Your right. We don't have any jurisdiction over that. You may want to read your easement agreement and see what or how that applies. Suitor: With lot 1 and it sounds like it is not going to be addressed as far as landscaping or any form of maintaining, will there be any fencing -what other requirements are involved in this as far as is it just there. Will there be some form of fencing? Borup: We may need to discuss that more. There is a perimeter fence around the subdivision. Suitor: On both sides of the ditch? Borup: This is a unique situation. I think that is why trying to do something with it rather then let it sit there is being discussed. I don't think we've ever run across anything quite like-it's not impossible but it is a little different. Anything else. Okay, thank you. Anyone else wish to address the Commission. Come on up sir. Demayo: My name is Michael Demayo. I'm at 1986 E. Easy Jet. Couple of questions I had. I wanted to know if the new subdivision had a pressurized irrigation system and if it does, will it tied into the system that serves Los Alamitos. That's a question that I have. Another question I have is living on Easy Jet, there is a potential traffic safety issue that I am concerned about. All the vehicles to the east, in particular the part of Los Alamitos that's up above the upper right hand corner, everybody exits on Easy Jet because of the streets the way the streets are on 3 bars and at the top party jet it's not real easy to get out of the subdivision. Everybody on the east end and on Easy Jet comes down Easy Jet and then makes a right on Bayou Bar to get out of the subdivision. Now we are adding I think it is probably 50 homes that come down that Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 47 street and now we are adding another 30 houses there. Everybody comes racing down Easy Jet and hangs a right on Bayou Bar. I don't know if it was possible to make a recommendation that there be a stop sign put in at Easy Jet and Bayou Bar. That was a concern of ours. We live there and there is a lot of traffic on that street. Another question I had was the utilities-are any of the streets in Los Alamitos going to have to be dug up to extend the sewer and water and other utilities. It is a question that I would direct to the developer. I had really three questions in there. Thank you. Borup: Thank you. I can maybe address the one. I think the stop sign is something that needs to be addressed to ACHD or the Meridian Traffic Committee can make recommendations to ACHD. A letter to them may handle that. We will get the applicant up to answer those two questions. Anybody else wish to come forward. Webb: Hi I'm Janet Webb. 2626 So. Goldbar Way. I had a question merely because I went out this morning and did a little background work on our area. And by our area, I mean within that mile that we are discussing. You know how many homes are in that area? 1170 homes. That is a lot of homes. We have a couple little acres over here and a couple over so swish them together we got a little tiny park. At this point with that much density plus I understand when I visited with Planning and Zoning and Public Works they are discussing new housing development or new multi family dwelling on Locust Grove and Overland-on that corner which is going to even more intensify this. The way this is set up it would make a marvelous park. You have access to several areas that seems like that work has all ready been done for you. The area that is that number 1 area that is extended out there, possibly with some arrangements with some other departments you could get that on through as a bike path. I have no idea, but it has some very beneficial things. I realize that this is going to knock the dollar our of Mr. Stopello's pockets, but by the same token I think it is worth consideration. We have a very low number of parks in this area and I think as we grow on south of the freeway as we seem to be doing, we're going to be desperate for some place. Talked with the parks department. They are interested. They would be in hog heaven if they had a park of any size. I simple bring it up because I see it as a need for the community. I realize it's probably not going to go any further because we are losing dollars by putting it into parks, but by the same token, we are losing something valuable in our community by not having the parks. I think you very much. Borup: Thank you. Any one else? King: Jeff King. 2603 Bayou Bar. I also have some concerns with the traffic on Bayou Bar and on Time Zone, especially with the next phase of Sherbrooke Hollows. I feel that those roads will be well trafficed and I have some definite safety concerns in regards to that. I also have some concerns with lot 1 of block 1. I feel that that does need to be maintained or deeded out to the adjacent property owners. Those are my comments. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 48 Borup: Thank you. Any questions. Anyone else? Seeing none, Becky would you be able to come up and address a couple of questions. I don't know if you took notes. First I have is on the irrigation system-how is it tying in. Is it tying in to adjacent, etc. Bocutt: Yes sir I can explain that. There are 2 pressurized irrigation systems in this vicinity. One is Los Alamitos which is also connected to Salmon Rapids. They have 2 sources. One a well for backup and their primary source is from Nampa Meridian Irrigation Facility. The other regional station in this vicinity is Thousand Springs. It is located at the Ridenbach Canal. If you see where the pedestrian path is in the northeast corner of Sherbrooke there is a little square. That is an existing regional pump station. Both those systems have been turned over to Nampa Meridian Irrigation District. According to them, when we inquired about this property they stated that they wanted us to make a connection to one of those two systems. Their preference was not that we have an independent system for 32 lots. It is not cost effective for the district to maintain it. They are trying to get us to combine the systems and in this particular area, like I said, we've got to multiple subdivisions on two regional stations. I can not say it will not be on the Los Alamitos system nor can I say that it will. It has not been determined at this point. It will be determined by Nampa Meridian on which one of those systems has the capacity to handle these additional 32 lots. Borup: Okay, so they will make that determination-they will not try to do a loop. They don't try to tie into the systems. Bocutt: I have questioned them on looping the systems to obviously improve pressure, just like we do with domestic water service. They have indicated that they don't want to do that. I believe it goes back to the allocation of appropriate water rights so if they keep them kind of isolated but linking them you may have one subdivision using far more water than they have rights for. I believe that's where it stands but I have asked them that very question. I did not get a real straight answer. The second question was traffic safety. We can talk to Ada County Highway District if there is a necessary for a sign. The signs are $35 and then like $20 to install. They are not an expensive item. If the intersection warrants it, that is something they will typically work with the residents and new projects. I would have to consult with Mr. Stopello. We are not required to install that sign, but if he deemed it necessary, we could possible work something out. We have to have ACHD's approval. The third question relates to sewer and water. Sewer and water is stubbed out of Los Alamitos. I believe it is stubbed there at South Bayou Bar Way and it is stubbed to the property. It should be either right outside the asphalt or right at the edge. To answer your question, will we be going in and tearing up your existing roads, no. Those services are there. The city when they reviewed that project made sure those stubs were provided for this parcel. The question arose about park area. I believe the map that I showed was a little bit deceptive. I'd like to reiterate that. The property that has been deeded to the City of Meridian up to this point is approximately about 8-1/2 acres. If they get the additional 4 acres in that adjoining property that I designated on that map, that would give them a total of a 12 acre site. That's the size of park that would be up in your northeast corner inaccessible to Los Alamitos. That is a pretty good size park. The average neighborhood parks usually are Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 49 between 5 and 7 acres and so a 12 acre park is good size. It is not a regional park that is like 30-40 obviously. That should satisfy some of the recreational needs in the area. Obviously this area will require regional parks and I think is making the city is making some inroads in their long term planning for those regional parks. As far as traffic, there was traffic studies done. Los Alamitos and Sherbrooke and Thousand Springs, I did Thousand Springs and Sherbrooke and then we did not last two phases of Los Alamitos so I am aware of all the traffic studies and basically what was stated and the traffic was considered in this property to be going in those two directions so that one subdivision did not bare the burden of all the traffic. You will have some vehicles exiting to the south. You'll have some going through Los Alamitos and out to Locust Grove. When Sherbrooke Hollows is completed with the phase 4, it's just off the map as you see that one street that terminates there, that goes on out and connects to Locust Grove. That will give that area a second outlet to Locust Grove. Thank you. That's it. Borup: Any other questions for Becky. De Weerd: No, but I just might add to Miss Webb. I am a big proponent of parks and open space and that 8.7, hopefully plus 4 acres is adjoining to 42 acres of the high school. That is some real decent green space. I think a lot of us would kill for that kind of open space in our residential areas. Hopefully that does address those concerns. You will have that available to you. I would love to see anything parkland. Sometimes it is not realistic, but I would agree with you. Borup: Anything else for Becky? I have one question then. We get back to this lot 1 block 1. Some comments have been-are you in a position to comment on that anymore tonight or do you need to get back with Mr. Stoppello as far as-I think the cities concern is and most the residents and I think from that standpoint too, no one wants to maintain-I don't think he wants to be maintaining that. I don't think the city wants an eyesore weed patch there. Whatever is the best solution is up to the land owner, of course but or do you need to get back to him or address any of that tonight. Bocutt: Mr. Stoppello is here this evening. I don't know if he wants to consider what his options are or try to address that. Borup: We would welcome your comments Mr. Stoppello. Stoppello: My name is Frank Stoppello. 782 Arlington Drive, Eagle, ID. The intent of designating that lot 1 as a non buildable lot was for the expressed purpose of selling it to adjacent land owners. I have spoken to one land owner and told him he had first choice at it. At this point there is nothing that could be done until I get further along. I don't intend to if it can't be sold, then I was intending to sell it with lot 3 that it adjoins right there, but my intent, my main intent was to sell it to an adjacent land owner. That is about all I can tell you. I certainly would not want to keep it and have to go out there and mow it or put flower beds in there for the rest of my life, I can tell you that much. I know the land owners that are adjacent there, like Los Alamitos that have reported my alfalfa field as a weed patch, would not let me allow that to go to weeds. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 50 Borup: Thank you. Any questions? Any final summary from staff? Okay. Commissioner's. Hatcher: Mr. Chairman, I move we close the public hearing. Barbeiro: Second the motion. Borup: We have a motion and a second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Is there any discussion? De Weerd: Just that lot 1 needs to be either maintained or deeded out. Hatcher: I concur. Looks like he's got 4 adjacent land owners that potentially can absorb that lot in whatever fashion the developer requires. I don't think it should be left in it's natural state, as it was stated earlier. Barbeiro: Commissioner De Weerd. When you say deeded out-sell it, give it away. De Weerd: Well, I certainly think that that is up to the developer how he deals with it. Whether it's a part of lot 3. If it can be absorbed by property owners on either side or sold, if he can't come to an agreement, I guess he has to maintain it. Barbeiro: So it is your idea that the developer maintain the land until the land is owned by someone else. In the meantime, as long as he owns it, he maintains it. De Weerd: However he transfers that ownership, whether he gives it away or sells it, that's up to him. Barbeiro: But in the meantime as long as he maintains ownership he maintains it. De Weerd: He maintains it. Borup: Sounds like your leaning toward putting that in as a requirement. De Weerd: Exactly. Hatcher: The other item of discussion would be the pedestrian access to the drainage. It would seem to me even though it could be a mute issue down the line, is that between lots-it would seem to be we would want to put a pedestrian access between lot 6 and 7 to attach to the adjoining pedestrian access. It seems to be a little unfair to have the this particular subdivision have to go around an access through other subdivisions Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 51 under the pretense that a possible agreement would be formed with Nampa Irrigation. think it should be put in there now and in the hopes of better things to come later. Borup: Any other comment on that? Did you mean 6 and 7 or 7 and 8? Hatcher: Between 6 and 7 and connect to the existing -I guess it would be proposed. Borup: I don't believe you can connect through 6 and 7 without crossing through another lot. Hatcher: If you went down the property line. Borup: You'd have to go down 6 and 7 then along the back of 7 your saying. Hatcher: And then connect with where the proposed one is. You could do 7 and 8 as well. (Inaudible discussion) Hatcher: Commissioner Barbeiro brought up a good point. In locating that there would mess up the cords on 6 and 7 but if it was between 7 and 8 it would be able to be balanced. Anyhow, my topic was that it should be added. Where it's added we'll leave up to the civil engineers. Borup: Looks like between 6 and 7 there is an existing easement wide enough back there that may be accommodating but I don't see it on the plat. ***END OF SIDE 4*"`* Barbeiro: access to the canal, I found Becky's argument compelling. There are two accesses planned. One existing one planned. Borup: Your talking about the Ridenbach or the drainage. Barbeiro: The Ridenbach. Find the third access while it would be nice and convenient is not necessary on this lot as that access would be more convenient for what appears to be 18 lots, the remaining lots would find the access to the canal equally as convenient from either of the other accesses. Borup: So your saying people are going out for exercise, it is not going to hurt them to walk a few hundred feet more. Barbeiro: It kind of reminds me of people use to use the elevator to go to the weight room. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 52 De Weerd: Mr. Chairman, I guess I have one other question for staff. In their staff comments number 2 on page 1, that staff doesn't recommend a development agreement for this project. Why is that. Hawkins: Commissioner De Weerd the purpose of that was the stub streets that come in limit, to a certain extent, the use-typically a development agreement is used for precautionary methods so the city can hold the developer to something if for some reason they backed out of the plat, but the property was still annexed, they are held to some standards of what to do with the property. In this instance, staff just felt that if this is a-if your recommending approval, leaning toward that on the plat, that those conditions on this piece of property will be included in that plat and would not necessarily be needing a development agreement for the conditions would not to be included in the development agreement since you would have an associated plat. It's certainly a call that is made on a case by case and I think that the configuration of this is such that we felt that it would be appropriate if you were leaning towards approval. Borup: City Attorney have any comment on that? Rutherford: As insurance, I am kind of a fan of the development agreement. It gives us extra teeth. I understand staffs comments. Personally, I would recommend a development. Borup: For what concern? What staff said made a lot of sense to me in this particular situation. Rutherford: And not being completely familiar with all the recommendations of staff, at this point I would not be able to tell you specifics. My concern would be again with a development agreement we would have further insurance that the specifics were going to be adhered to by way of additional teeth. Borup: Okay, thank you. Any one else. At this point (inaudible)talked about (inaudible) lot 1 and the pedestrian pathway. Barbeiro: (Inaudible) Borup: Your correct. That's not even pertinent for right now. We have had some nice discussion for something later on. Barbeiro: With that note if I may I'd like to recommend that we approve to City Council for their request for annexation and zoning of 12.80 acres for Tarawood Subdivision by Michelangelo Investments, LLC-south of Los Alamitos Park and north of Sherbrooke Hollows (inaudible) staff comments. Hatcher: I second it. Borup: Okay, we have a motion and second. Any discussion. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 53 De Weerd: You want to keep the recommendation then for the development agreement not to be then, because that is a staff comment. Barbeiro: No, I presume keep the development agreement as staff. De Weerd: Not needed. Borup: Staff's comment was that a development agreement was not needed. Barbeiro: Excuse me. I misunderstood that. I would opt that a development agreement be included to our recommendation to City Council. De Weerd: So you amending your motion. Barbeiro: I am yes, thank you. Hatcher: And I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: That was Item 8. Now that we have had all this discussion, -- ITEM NUMBER 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Borup: Staff. Hawkins: We have no further comments to add and ask to incorporate comments from the previous item. Thanks Borup: Thank you. Becky? Bocutt: Becky Bocutt, Briggs Engineering. Please incorporate my previous comments to the record. Barbeiro: On a personal note-I made the lot 1 block 1 as kind of an off shot and it turned into a 20 minutes discussion. If I ever do that again, remember to tell me you don't want to go there. I apologize for building such a large discussion with such a small issue. Bocutt: Well I think the adjoining neighbors, that something needs to be addressed what's going to happen with it and if I was a neighbor I would ask the same question. Meridian City Council Meeting October 5, 1999 Page 42 Bird: I'll give him mine. I have no problem giving mine. Corrie: Come back to this item? Would that be satisfactory to you? Or do you want to take - Freeman: No. It should only take me five minutes to review that. I expect it's what I've seen before for the most part. Corrie: Okay. Bird: Can we go to the next one? Corrie: Yeah. We'll just -we'll hold No. 18 and 19 and go to 20 while you're doing that. Then when you're ready, we'll take yours. Before we go to Item 21, have you had a chance to read that? Freeman: Yeah. 20. CONTINUED PUBL{C HEARING: REQUEST FOR WNEXATION AND' ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item 20, continued public hearing: Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows. At this time I'll open the public and invite staff comments first. Stiles: Mr. Mayor and Council, this is for the property that's in between Sherbrooke Hollows Subdivision and Los Alamitos Subdivision. Their access would be through the Sherbrooke Hollows Subdivision or through the Los Alamitos. We're just doing the annexation and zoning now? Corrie: Yes. Stiles: Okay. Staff would recommend approval to an R-4 provided that the applicant enter into a development agreement incorporating all staff comments and the condition which would also incorporate the conditions of the preliminary plat which is to follow. That's all I have. Corrie: Okay. Is there anyone from the public that would like to issue testimony in the request for annexation and zoning, Item No. 20? (inaudible). Meridian City Council Meeting October 5, 1999 Page 43 Bocutt: Becky Bocutt, Briggs Engineering, 1800 West Overland, Boise. I'm representing the applicant in this matter. I'd like to combine my testimony for the annexation and the preliminary plat into one, so therefore, let the record reflect that. As Shari indicated, this is an infill parcel. That map is not complete because we've just recorded some phases of Sherbrooke Hollows, Sherbrooke II. There we go. Sherbrooke II and Sherbrooke 111. Sherbrooke II is what you see along the canal on that east side and to the south is Sherbrooke No. III. Both those subdivisions or those phases are constructed and Sherbrooke III which connects into Victory also will be recorded within the next week or so. This project, like I said, is infill. It's sandwiched between two existing R-4 zones. The property's approximately 450 feet wide. It was not a real easy parcel to lay out because of its abnormal shape where it's very long lengthwise, but very narrow widthwise. Our only point of ingress and egress are the two stub streets there you see in Los Alamitos and the one single stub street in Sherbrooke Hollows. Between those three streets, one could have access out to Locust Grove either through Los Alamitos and Time Zone or they can come through Sherbrooke Hollows and go out in Phase IV when it's constructed out to Locust Grove or they can come down and go south to Victory. There are two streets that go south that they can make connection to, so there's multiple points of ingress and egress. The density of our project is 2.5 dwellings per acre. Our lot sizes are consistent even a little bit larger than most of the lots that you see adjoining it in Los Alamitos and Sherbrooke Hollows. We are bounded by two waterways. This is the Ridenbaugh Canal here and this is the Nine-Mile drain. We've reviewed staff's comments. We are in agreement with all of staff's comments with the exception of site-specific requirement No. 5. Site-specific No. 5 stipulates that we dedicate a separate pedestrian lot for pedestrian access to Nine Mile drain right here in this location, and a pedestrian access right here to the Ridenbaugh. I did contact John Anderson at Nampa Meridian and asked him about his opinion on these two pathways. His answer was quite negative. "We definitely will not allow any pedestrian connection to the Ridenbaugh, period." Those were his exact words. We're still dealing with the issue that until the City and Nampa Meridian come to some type of an agreement on the liability issue or indemnify Nampa Meridian, until that time, they're not cooperating with us on making the linkages. Our opinion is the pedestrian pathways because this parcel is so small, it is so narrow, the linkages that we have out there presently would be adequate. I kind of made a little quick map for you guys to look at that shows you how all this stuff will link together. Here's the subject property here in black. This is the public street connection right here through Los Alamitos that will connect to Thousand Springs. This is the vehicular bridge here that we'll begin construction on as soon as water goes out of the ditch this fall. So that will be able to be used for a vehicular access that would take you out to Eagle Road or pedestrian access into Thousand Springs. Secondly, we've got vehicular access here and pedestrian access through the public street network and then there's an existing micropath in Sherbrooke Hollows at this location and at this location. Outside of the easement for the Ridenbaugh, we've got an area that is landscaped kind of in a natural red fescue, buffalo grass type that you can wa{k, and that's why I've got it dashed in blue. This is not a hard surface like a paved pathway, but it is a linkage between these Meridian City Council Meeting October 5, 1999 Page 44 two points. There's also a pedestrian pathway right here that will be constructed with Phase V, I believe it is, of Thousand Springs. To refresh your memory, this is the location of the pedestrian bridge that both Sherbrooke Hollows and Thousand Springs have trust funded for at the Highway District. That bridge has not been constructed, and Nampa Meridian says it will not until an agreement between the City and the District are completed. The linkage here, the drain, I'd like to address that. One, you see that we've got access here, and I would like to, before I jump to this one, we'd like to focus the pedestrian access in certain areas. We don't want multiple points of access along the Ridenbaugh Canal. It is a large water body. It does run very fast. If we can isolate and centralize some of our pedestrian access locations, like in this point here,' then the safety factor will be a little bit better. On the Nine-Mile drain that we have on our west boundary, the problem I have with putting a pedestrian path is where are you going to? The drain begins, the big drain begins right at this point at our property. It -all of our frontage here is on the drain. But at this point, where you see it crosshatch in red, that's private property, not a part of this development. If I am to link here, then I would be promoting trespassing on an adjoining property that is totally unrelated to ours, nor has any easement for pedestrian access. And where are they going? There is a public street here, and there is a gate on the drain here and here. And that's what you see in blue. So really, I don't know if that - I can't see the benefit, I guess, that's what I'm telling you. I'm trying to weigh the benefit of putting one here and I can't see any. This here in pink is the Hunter Lateral that's been piped. There's fencing along both sides, now that's a nice pedestrian walkway, and it goes along through Los Alamitos in a diagonal northwesterly direction. There are, I believe, some gates along the right-of- way. Those are the type of areas that I would like to promote pedestrian usage and jogging, walking your dogs, et cetera. I just don't think that's necessary. It makes no sense, logical sense to me and then I had the issue of the safety factor here. Do you have any questions? Bird: I have none. Corrie: Hearing none, I don't think so, Becky. Okay. Thank you. Anyone else like to issue testimony on Item 20, the annexation and zoning? Stoppello: Mayor Corrie, members of the Council, my name is Frank Stoppello, 782 Arlington Drive, Eagle, Idaho. I'm the owner of the project. I would like my testimony to also be for both hearings. I have submitted a letter outlining my position September 17, 1999 to the City Attorney and to the members of the Council and the Mayor. Basically, I'll try not to cover what Becky has covered, but the ten-foot easement to the Nine Mile drain, my problem with that is it cuts off - maybe I could show with my diagram. This Lot 1, little horn that sticks up on the left, that is an unbuildable lot. My plans, if it -yes, thank you. My plans are to sell that to the adjoining neighbors if a deaf can be reached. If I can't sell it, it's going to go with Lot 3 just below it there. I'm sorry. Right there, and it will be sold with that lot. You cannot build on Lot 1, but it'll be part of that sale for that particular house. Anyone you talk to that is in marketing of these lots would tell you any Meridian City Council Meeting October 5, 1999 Page 45 of these right-of-ways running down between the lot are going to degrade the value of the lot. Not only will it cut off that Lot 1 on the Nine-Mile drain, it will degrade the lots that are going to be on the boundary of the right-of-way even if you move it to the south. I also would like to point out not only for that right-of--way, but for the other one, this will bring added traffic if there ever was aright-of-way, a person can park in the neighborhood, you can get out any time of the day and night and go up that right-of- way. I don't think anybody who has a home would like that going down the side of their home. The other right-of-way that is proposed by staff.on the Ridenbaugh Canal is a 20-foot right-of-way. Now, the engineer has informed me if, in fact, the right-of-way going onto the Ridenbaugh Canal is requested, that 20-foot right-of--way will remove one of the choice lots in that cul-de-sac. I have been told my marketing people that sell these subdivisions and lots that those lots right now, if it was built, would be $35- to $40,000 up on that end only. I will lose one of those lots. That is a taking. Again, a quiet cul-de-sac, the most valuable lots in the subdivision would be dramatically affected by a paved, fenced, 20-foot right-of-way between the lots. As to both right-of-ways, I have a problem with they are of no public benefit, whatsoever, other than my detriment, because Nampa Meridian will never allow you a walkway on the Ridenbaugh Canal. Now, I irrigate a crop of there. I don't know if you gentlemen are familiar with the flow on the Ridenbaugh Canal. lt's either the second largest, third largest canal in the valley. I've seen 18-year-old, 20-year-old young men, strong looking, jump in that canal, and their friends had to pull them out with a rope. If you get caught in one of those dams that lifts the canal up there, you will not survive. A small child could never survive falling into that. The walls are straight up and down, plus an elderly person could never survive it. Nampa Meridian will never allow any kind of agreement. And I think I have a little personal knowledge on that. I've represented the two ditch companies in the Star Middleton area, and the seven lateral companies in that area for, I can't remember if it's been ten years now, we have the same problem when we're representing those canal districts and development takes place. You simply cannot allow someone to use your own easement that's been granted to you by the adjoining landowners. You have no power to do so, and if you did, you'd have unbelievable liability. I think it's a wonderful thing to include a proposal or a policy in a Comprehensive Plan; Eagle has done the same thing when I was on the City Council. But that is not a force of law, something in your Comprehensive Pfan. I also have, and Becky has already pointed out the accesses, I've got my little map that I submitted with my letter, it's the same as hers, a very short distance from this subdivision will be the bridge, the Three Bars Bridge that goes over the canal. There can be access there. The Hunter Lateral as I said in my letter is a - if you can ever have access, it's gated. It's a perfect access. It's just a short distance from here. If you want to get on the Nine Mile drain, and I don't know why anybody would want to get on it because it's gated all the way up to the north, wrought-iron fence - I don't know what you'd want to get on there for. The perfect place to get on is the stub street which is Short (inaudible) Avenue. If I may point that out. If you want to get on the Nine -right there. There's where the street is. If you want to get on this drain, that's where you can get on. You don't even need to take a walk to do that. Again, you don't have a right to get on there. In fact, this one that's already paved Meridian City Council Meeting October 5, 1999 Page 46 and in Sherwood is fenced off. You cannot use that. You'll be trespassing. There's a no trespassing sign right on my property the canal company put on. So even if you - if I have to lose a lot or you lose the value of four lots in putting these rights-of-way in, they're going to be for no good whatsoever. Now, I hate to bring up the law, but my research of the two cases I've cited in my letter, one is the City of Tigard, right up here in Oregon, recently United States Supreme Court decision, and a Nolan v. California Coastal Commission. One involved a requirement that you had to put a bike path along a stream before you could get a building, the right to build, the other one was along an oceanfront. Both of the times the United States Supreme Court, not Oregon, not California, the United States Supreme Court said that that was requiring the owner to provide that to his; in other words, require as the City of Meridian has done is a violation of the taking clause of the United States Constitution, 5th Amendment, applied to the States through the 14th Amendment. 1 don't see any difference in requiring me to provide you with a $40,000 lot and degrade the value of the lots on the other side than exactly what are United States Supreme Court said was a taking without compensation. And I'm not here to be obstructionist, I'm not here to try to take advantage. My engineer told me that we had a right to over 34 lots, but she said, "If you want to make it nice, have larger lots, have a quality subdivision, we recommend 32." I did that. City didn't tell me to do that. I think it's going to be a quality subdivision. I'm respectfully asking that you approve this subdivision without requirement of those two rights-of-way being deeded to the City. Thank you, and I'd be glad to answer any questions. Corrie: Thank you. Questions? Bird: I have none. Corrie: Okay. Thank you, sir. Anyone else that would like to issue testimony? Sir. Riley: I'm Clint Riley. I'm President of Los Alamitos Subdivision. I live at 2076 East Three Bars. I don't see much problem with this subdivision except two major points or three as their entrance, their egress, and exit into the subdivision. Number one, they're imposing all their traffic through either Los Alamitos or Sherbrooke, and due to the proximity of the subdivision, it's most likely going to go through Three Bars which brings me to my point. We, as a subdivision, have to assume a certain amount of liability in all of our common areas, so if anybody coming into the Tarawood Subdivision would happen to get in a wreck on our common areas, we're liable for that, if they so choose to push the issue. Which brings me to the question: Why should we have to increase our insurance policies for this gentleman to put in a subdivision? There hasn't been any consideration of that which is also going to slow down any type of fire, police, ambulance because they're going to have weave in all these little side streets. They should have to have some type of external access, their own access out to either Locust Grove or, well, that's really the only place to go with it. I wonder if they have approached Sherbrooke Hollows and discussed these problems with them. That's going to impose a lot of traffic on Easy Jet, Tagish Way and Three Bars at the ends, Meridian City Council Meeting October 5, 1999 Page 47 and Time Zone. So what's that going to do to property value? You start adding that many cars on average with two to three trips, I'm sure, a day from each lot, that's 90 trips a day extra on Time Zone and at the very least on East Easy Jet. So maybe some consideration should be given to that. Maybe if they're willing to go with us, actually paying for the extra insurance we have to cover every year, that might be a consideration. But I don't think we should have to front that, increase all of our Homeowners Association dues to cover that. That's all I have to say. Corrie: Thank you. Riley: Any questions from anybody on the - Corrie: Staff? Bird: I have none. Bentley: I have none. Thank you. Corrie: Staff, do you have any questions? Stiles: Mr. Mayor and Council, I just had comments about Mr. Stoppello's testimony. I believe the two cases he's cited, neither one of them included a request for annexation and zoning. It's typical, our ordinance requires pedestrian walkways in the middle of long blocks to provide interneighborhood access. He is exceeding block length requirements when you consider the adjacent subdivision. This will be over 1,000 feet which would require variance. They're not stubbing to any adjacent property and providing a bridge over the Nine-Mile Creek which the City could logically require. This is an existing common area in Sherbrooke Hollows Subdivision. Staff would still request that there be an access to there. It is not a taking. It is a condition of a plat. It's a condition of annexation and zoning. If it were a taking, we would be restricting all viable and economical use of the property, and since he is requesting annexation and zoning, he is asking the City to increase his economic benefit. If we went and said we wanted a pathway through his alfalfa field, he may have a case, but he could continue to farm it for alfalfa and it would not be reducing his economic benefit that is existing today. I am aware of Nampa Meridian Irrigation District's problem with any pathways along the Ridenbaugh; however, with this existing pathway, we still ask, staff asks that this pathway be provided. We're not asking for a dedication to the City. It would be a pedestrian walkway owned and maintained by the Homeowners Association. As far as this pathway, this was an effort to not have the long block lengths and provide interneighborhood access, but there is still the argument that perhaps there should be a stub street to the adjacent property and that would simply be a condition of annexation and zoning and platting and it is not a taking. I defer to legal counsel if he has some guidance on that. Meridian City Council Meeting October 5, 1999 Page 48 Cowie: Mr. Attorney. Rossman: Yeah. Mr. Mayor, I haven't had the opportunity to research this particular matter. I believe Mr. Rutherford has, and, certainly, if you have any questions of him, he can answer them hopefully. We did receive a letter from Mr. Stoppello indicating his concerns about a taking. I know Steve has looked at it and Bill has looked at it, neither one of them has expressed a concern that there is, in fact, a taking by that requirement. I know the general standard as whether or not something is a taking is whether the public benefit of the requirement is roughly proportional to the burden the development creates upon the public, the development itself creates upon the public. If there's a roughly proportional relationship between the two, it's certainly not a taking. I haven't read, personally, the two cases Mr. Stoppello has cited, but if Shari is correct that neither of them dealt with a request for annexation and zoning, then, obviously, there's a distinct factual difference between those cases and this. This type of thing is done quite often, and I don't know of a case directly on point relating to a request for annexation and zoning where they've held such a requirement to be a taking. If you have any - I don't know if Steve has anything further to offer. Cowie: Steve. Rutherford: Mayor, members of the Council, I think Eric hit it basically on the head. This Council would essentially need to make a finding that the burdens that this subdivision will place on the public are roughly proportional to what you're asking this gentleman to give up by way of pedestrian paths. In addition, I think Shari's point is well taken that at this point, really not denying him any economic viability, economic gain here on this land, this is a request for annexation and zoning, and at this point he has the option to say, "No thanks. I'm going to do something else." But at this point, my analysis would -and 1 have looked at this because we're going to be dealing with this on another matter here coming up, would be that this is not a viable (inaudible) condition. Cowie: Thank you. Does anyone else from the public like to issue testimony? De Meo: Good evening. Thank you. My name is Michael De Meo. My address is 1986 East Easy Jet Street which is in the Los Alamitos Subdivision. I did have two items, and I hope one of them is resolved. At the Planning and Zoning meeting, there was a major discussion, a lengthy discussion regarding that Lot 1 Block 1. That little piece that jets off to the left. I would hope that, like Mr. Stoppello said that it's either sold to the adjoining property owners or sold as part of Lot 3 and not be an island unto itself with really no value. Item 2, the irrigation system, the pump station that is in Los Alamitos serves Los Alamitos, Sher - I'm sorry, Raven Hill, and Salmon Rapids Subdivisions. According to the Nampa Meridian Water District, that system is at capacity. And they said that they had advised Briggs Engineering that the new subdivision should not be included on that, that it should come off of either Sherbrooke's R Meridian City Council Meeting October 5, 1999 Page 49 system or Thousand Springs, and I would just like to know the status of that because, obviously, any of the people that live in those subdivisions, there is a problem with water pressure there, and we don't -the thing can't handle anything else, so I would like to know how that's going to be taken care of. Thank you. Corrie: Anyone else? Yes, sir. Jarvis: My name is Scott Jarvis. I live at 2048 East Three Bars Drive in Los Alamitos Subdivision. Like my neighbors had mentioned, I have some serious concerns of the way this proposed subdivision is lined out. To have the primary entrance is basically going to be coming through our subdivision. It's -the other practical way to get in through Victory, through Sherbrooke Hollows isn't -most people aren't going to take that because it involves too many turns. I'm really concerned about what the traffic's going to do, the fact that we're going to be sharing -we're going to be taking the brunt of all of the traffic for this new subdivision, and they basically get to exist as an island without taking any of the responsibility for the traffic that's being generated. Not to mention during construction all the mud, the dirt, the debris, this will probably be taking place in winter when everything's nice and muddy. We're very concerned with that. And just like to ask City Council to take that into consideration as you take a look at this proposal that's in front of you. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Yes, sir. Suttor: My name is Mike Suttor, 2620 South Locust Grove. I've got a question involving, I guess, Planning and Zoning. The walkway or what do you have proposed for Lot No. 3 and Block 1?The pedestrian pathway? Is it 10 feet? And where does it go? There's a ditch, there's no bridge; I don't even see a reason to have a pathway to nothing. I'm just curious where it goes. Stiles: -- feet is the pedestrian walkway. That's what our ordinance requires. We're still proposing that someday we will have a pathway along Nine Mile where it's fenced off on both sides. There is -this is all open. Suttor: Where you have your arrow right there, it's closed off on both sides of the road. Stiles: By a gate. Suttor: Yes. And then it's an actual wooden fence at the Lot No. 1. Stiles: A wooden fence covering this? Suttor: A wooden fence right across here which divides Los Alamitos from these homeowners, it comes down and runs along this (inaudible -walked away from the microphone) place it will open up will be here and here. So I'm just curious what benefit Meridian City Council Meeting October 5, 1999 Page 50 a ten-foot easement to nothing. This will be fenced off per the development what I've been told. You can't get through this fence (inaudible) gated here, but it's all sealed off and no traffic, nobody walks in it, there's no activity, no dogs. I'm just kind of curious what kind (inaudible). Stiles: This would be subject to negotiation with Nampa Meridian. We have been working with them. This is, I believe, the drainage lot in Los Alamitos which could be opened up at some point. When this property develops, I don't know if this is separate parcel, what that is. Suttor: This is a separate parcel? (inaudible) Stiles: This parcel when it was -when this property develops, this parcel will be included as a common lot that could connect with this other common lot that's being developed as part of this subdivision. As far as this, I don't know what the topography is out there. I don't know why it split off. Looks like another example of illegal lot splits out there. Suttor: (inaudible) it doesn't go anywhere. It doesn't seem to serve a purpose. (inaudible) comment (inaudible). Corrie: Okay. Anybody else like to issue testimony? Hearing none, I guess, Becky, you'd have the last answer to some of the questions. Bocutt: Yes. I'd like to respond to a few of these. I think Mr. Stoppello would like to make one last comment. The traffic impact: the stub streets that were provided by Los Alamitos Development and the Sherbrooke Hollows Development were incorporated for a purpose, and the purpose was to serve this property, and that's quite obvious. When traffic studies were done on Los Alamitos and Sherbrooke Hollows, those traffic studies took into consideration the maximum density which was probably, you know, they would look at say four units or 3.5 units per acre that could possibly be generated by this enclave and that traffic, where it would go based on the interstate, the interchange, et cetera. This project does not put these streets over their local designation which is what all these streets are. Contrary to the Los Alamitos residents' belief, not all traffic will go in one direction. We do see traffic, I've read both of the traffic studies. It does split in two directions depending on where people work. If somebody wants to go up to say the interchange at Eagle Road, they'll most likely get out to Victory. They'll want to go south. People don't like to have to backtrack, and that's typical. You may find some that will wind their way out to the vehicular bridge across the Ridenbaugh and go out Thousand Springs in that direction. This property has probably the most points of ingress and egress that I've ever seen on an isolated parcel. As far as the issue of the liability, if people are driving through there and there's an accident on the public street, I don't know how that's related to the Homeowners Association and their private lots. If they had some large private park that they were concerned about the liability of children Meridian City Council Meeting October 5, 1999 Page 51 coming from this development, that'd be different. But that is not the case. I worked on the last phase of Los Alamitos, I'm not aware of any playground or park in that project. Nor is there one within Sherbrooke. There's one pocket park, though. Lot 1 Block 1, it's a very strange parcel. It was created for access to this property. This property had only an easement for agricultural use off of Locust Grove through Mr. Suttor's property. That's my understanding, and that little leg that you see there, that Lot 1 Block 1, somehow that was incorporated as part of access for this property. I don't know where it originated. If it came off of Mr. Suttor's property, it would not have been an illegal split under the County Ordinance because the County Ordinance at that time looked at what they called natural barriers such as drains and canals, so it was never considered contiguous with the properties on the west anyway. We have plans for that Lot 1 Block 1. The main .concern by the P & Z was we don't want to see a weed patch. We want to make sure it has a use. The optimum use for the property -for Lot 1 Block 1 is that it be conveyed to one of the adjoining properties. There are three lots, there in Los Alamitos. Those residents have called me, called Mr. Stoppello, they would like to incorporate that as part of their lots for their uses for gardens, et cetera, just to lengthen their rear yard. Mr. Suttor, I believe, has, or one of his other neighbors, has expressed some interest in it. So we have three options: It can go to the east or to the west or it can be incorporated as part of Lot 3. But we will not leave it as an isolated parcel and a weed patch totally unusable. The pressure irrigation, we have not determined exactly what route we're going to take. The closest pump station to us is the Thousand Springs/Sherbrooke Hollows regional pump station located at the northeast corner of Sherbrooke Hollows along the Ridenbaugh Canal. If that system is deemed to have capacity by Nampa Meridian who now owns and operates that system, then that would probably be the most likely point of access for pressure irrigation. The neighbors have concerns, they said that in Los Alamitos they don't have adequate pressure. I don't know what the problem is. I have not discussed if Nampa Meridian's working on that or not. We have seen some subdivisions when they reach a point of build out, mine, for a prime example, we had to go on a rotation system where each resident, depending on their odd or even house number had a determined date for irrigation. That's one solution to their problem. I did some checking with the engineers on the amount of capacity. I don't believe Los Alamitos has the capacity to handle this development. I think it is, as the residents testified, at capacity. So our alternative would be the regional pump station for Thousand Springs or Sherbrooke or our own independent pump station. And two other things I'd just like to address. Lastly, the issue of block length. Shari brought up the fact that the block length when you consider the adjoining development, that puts us over the 1,000 feet. I don't think the intent of the ordinance was to count another subdivision's block length and tack my length onto it. This project, I mean, it's so small, it's so isolated, it's restricted by all these stub streets by the water ways, and I just don't think that was the intent of the ordinance, and I don't think that should be even taken into consideration. Stub street to Mr. Shipley's property, there is a stub street in Sherbrooke Hollows as you can see right there, and that stub street would be continuing up through those parcels and make secondary connections with those undeveloped parcels that front out to Locust Grove. They also have Locust Meridian City Council Meeting October 5, 1999 Page 52 Grove frontage. So what I envision is probably another public street access out to Locust Grove, a connection there to the Sherbrooke stub street you see on the far west side at the corner there, and then that would give vehicular linkage to this whole area and then with the vehicular bridge at Ridenbaugh, that ties in the whole center section. So this is a very well connected section. It has all developed in a relatively short number of years, and everything seems to be fitting together as far as pedestrian access and vehicular access. And please, like I said before, take consideration the size of this project. We have existing ped paths, you're only asking people to walk a few hundred feet, sometimes 500 feet to get over to some of these existing pedestrian paths, and that's not a long ways. We don't want multiple points of access along these canals. I just - I have kids, and I don't think that's right. And if there's a ped path, if there's a pedestrian path there, then it's got to be open, and if the little two-year-old goes running up the pedestrian path and gets out somebody's front yard, we're going to have some tragedies, and that really worries me. Thanks. Stoppello: Mayor, members of the Council, I'll be real brief on just a number of points that were touched on. The ingress and egress, that was all done by Ada County. When Los Alamitos was going to be approved and then Sherwood was following thereafter, Ada County got involved and said we want access to my land. So they asked me to do a sketch, Briggs Engineering did a sketch of 36 lots, basically this subdivision, and Ada County lined up the southern ingress and egress and the two northern ones by their own hand. And as it has been pointed out, there are now going to be, if I may approach - Corrie: Frank, if you could use this microphone here. You can take it off the stand if you like. toppello: There's going to be, as I understand it, five accesses. There's going to be e bridge over to Thousand Springs. There's the access through Los Alamitos, there's the access through here on Locust Grove, there's already one here and one here coming down onto Victory. So there's five of them, and Ada County is the one who planned that. No one else. In fact, orginally, Ada County wanted to have two accesses to the south and then called me up and said, "Nope. We only want one." The one that goes into Sherwood. Their studies, all three developers did exactly what they were told to do. I didn't dream up those northern and southern ingress and egress routes. As to the law in this matter, I really don't think the Supreme Court said you have. an exception when you have annexation. If, in fact, it's taking without compensation, which this truly is in a small subdivision like this. People can volunteer to do that if they have a large subidivison. That's fine. I just feel that I'm right on this and they're, number one, if you even stay away from the law, which I know we don't like to get into a lot, but it's a stairway to nowhere. You simply cannot get an access onto that Ridenbaugh Canal. You can't. You never will. I don't care how many meetings you have with them. Number one, I don't know if they can grant an access. They are an easement holder; in other words, adjoining farmers on that canal came through granted them the access. Meridian City Council Meeting October 5, 1999 Page 53 You're going to have to get permission from every farmer on that canal if you're ever going to get an access. Not Nampa Meridian. Nampa Meridian will never give it to you. And again, both of them are accessed, as Mr. Suttor said on this side, they're an access to nowhere. And as I pointed out, I didn't even know about one, in my letter, there's an access, a potential access, a few short blocks away where the new bridge is going to be. There's the Hunter Canal which is one, two houses away on the canal that's already there. A perfect access. There is also this paved access that Sherwood voluntarily put in, but it is gated. You cannot go through there to get to the canal, and Becky told me tonight, and I think she must have also presented it, Sherwood has an additional access onto that canal. And as I pointed out in my letter, if you truly want to get onto a drainage ditch, the Nine Mile, atl you have to do is get on right where the southern road is, Three Bars -- Short (inaudible) Avenue, I believe it is. So there are accesses to nowhere. They do the public no good, they have no future chance in my opinion of ever being activated, and if they are, there's plenty of access within a short distance, and I'm required to pay that, and I respectfully believe that the situation is a taking. Thank you. Corrie: Thank you. I suppose (inaudible) take that -argue that case in court. Okay. Unidentified: Mr. Mayor, may I say one more thing on this? Corrie: No. You've had your chance. The last one who gets a chance is them. They get to answer the questions that you asked. Sorry. Unidentified: Can I just say one thing? Corrie: No. Okay. Counsel, at this point, Iwill -you can have a chance here because we have 20 that's going to come up again, so if you want to talk, you can at that point. I'm not trying to cut you off, but 20 is coming up and you can talk to -Council, I'll entertain a motion to close the public hearing on Item No. 19, or 20, so - Anderson: So moved. Bird: Second. Corrie: Motion is made and seconded that we close the public hearing on Item No. 20. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Request for annexation, Council, discussion? Okay. If no discussion, I'll entertain a motion on the annexation and zoning request. If the findings on -- Bird: Findings of Facts and Conclusions of Law. Meridian City Council Meeting October 5, 1999 Page 54 Corrie: Findings of Facts and Conclusions of Law - '~** End of Tape 3 *** Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I had a question for Shari. Corrie: Okay. Bird: I have a heartache on this pedestrian pathway that dumps right on the Ridenbaugh Canal. Do we, as a City, accept liability by dumping it out on the canal? Stiles: The City hasn't entered into an agreement yet to take that responsibility, no. Bird: And I hope we never do. If we do, we need our heads examined. Okay. That's all. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a point of discussion. I don't -seems logical to me that we should have required a stub street going out to the west more than a pedestrian pathway that will allow a quicker access in and out of that and not burden the other streets so much, but I guess that's not what the recommendation is. I don't know what it would take for us to put that in, but I'd rather see something like that than I would a pedestrian pathway there. Corrie: You could request ACRD to look into it. You can't request the street to be put in without their approval, but you could request it. That'd be the case, you'd have to do a new plat. Bird: (inaudible) Corrie: But right now we're looking at the annexation and zoning. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting October 5, 1999 Page 55 Bird: There's no more discussion, I move that we approve the annexation and zoning of 12.801 acres for Tarawood Subdivision, Michelangelo Investments, LLC and for the attorney to draw up the Findings of Facts and Conclusions of Law showing such. I don't know whether this is proper or not, but I, in the preliminary plat site-specific requirements, I am for erasing No. 5. I don't want to take responsibility. Corrie: Is that part of the motion that you'd like five removed? Bird: Yes. And I hope that it will show on the Facts and Conclusions of Law. Corrie: It will if that's your motion. Bird: That's my motion. Corrie: Is there a second to that? Anderson: May I ask for a clarification? You want to eliminate the whole thing or just one of the pedestrian pathways or - Bird: Just Lots 7 and 8 Block 3. The one that dumps out onto the Ridenbaugh. Anderson: I'll second it. Corrie: Okay. Motion is made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law on the annexation and zoning with the recommendation to set the requirements with the exception of Item No. 5 in Lot 7 and 8, Block 3 verbiage to be taken out in the 20-foot wide pedestrian pathway. Any further comments? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Before we go to Item 21, have you had a chance to read that? Scott, if you want to -let's go back and pick up 18 and 19 and then we'll come back to 20. 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CITY 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Meridian City Council Meeting November 3, 1999 Page 27 MOTION CARRIED: ALL AYES ITEM 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 14 is request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC. Staff, any comments on the Findings of Facts on this one? Let the record show she held her finger up for one minute, please. Okay. (inaudible) Stiles: Mr. Mayor and Council, if her previous proposal is accepted to do away with the pedestrian walkways that we had previously requested, on Page 6 of the Findings, Item 15.12, that would need to be deleted. Corrie: 15.12 on Page 6. Stiles: And also Page 14, Item 3.12 would need to be deleted, and we'd also like to add the condition that a common lot be provided along the entire southern boundary of the property. That's all I had. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law, request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments with the following additions: On Page 6, 15.12 be deleted; Page 14, Item 3.12 be deleted; and with the addition that a common lot be provided on the entire southern boundary. That's it. Rountree: Second. Corrie: Motion by Mr. Bentley, second by Mr. Rountree to approve the Findings of Facts and Conclusions of Law for the request for annexation and zoning with the additions stated by Mr. Bentley for Page 6, Page 14 and the common lots. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Yes. BEFORE THE MERIDIAN CITY COUNCIL OS-24-00 IN THE MATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS FOR APPROVAL OF FINAL PLAT FOR TA.RAWOOD SUBDIVISION LOCATED SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOI~E HOLLOWS, MERIDIAN, IDAHO CASE NO. FP-00-004 ORDER OF CONDITIONAZ APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on May 16, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to City Engineer, listing 8 General Comments and 12 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TARAWOOD SUBDIVISION - 1 IT IS HEREBY ORDERED THAT: The Final Plat of "Tarawood Subdivision" as evidenced in Plat bearing the job reference 990510\990510-PLT. BIB 12/20/1999, and stamped JAN 25 2000, Briggs Engineering, Inc. -Consulting Engineers, Michelangelo Investments, LLC -Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated Apri128, 2000, listing 8 General Comments and 12 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Developer shall grant to the City a pedestrian pathway easement, ten (10) feet in width, along the western boundary of Lot 1, Bloclc 1. In the event that the City later obtains a pathway agreement with Nampa Sz Meridian Irrigation District for the portion of the Ninemile Drain, which lies adjacent to Lot 1, Bloclc 1, then the City will relinquish this easement. 1.2 Fire Chief, Denny Bowers, requires that all codes be met; that all streets, hydrants, and street name signs need to be installed before building is started; that all common lots will need to be kept clear of trash and weeds; and that there will be "No Parking" of vehicles, equipment or trailers in the cul-de-sacs. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TARAWOOD SUBDIVISION - 2 through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 1.4 Nampa SL Meridian Irrigation District noted that their District's. Ridenbaugh Canal courses along the east boundary of the project. The recorded easement of the Ridenbaugh Canal is 100 feet, 50 feet from the center each way. The District's Ninemile Drain also courses through this parcel of land on the west boundary. The recorded easement of the Ninemile Drain is 60 feet, 30 feet from the center each way. The District reserves the right to claim what they deem necessary to operate and maintain the facilities. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TARAWOOD SUBDIVISION - 3 -fit By action of the City Council at its regular meeting held on the ~ day of ~~ tZc~ , 2000. By: BER D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department. B ~ Dated: ity Clerlc L =16 Dp ~~~~~,Ofu-~~'~ . %. ,. Fo a~ ~ ~., __ ~ 9 ~p~ `= •,, G• , e. T ~ ~~ • .r ,. Z:\Work~IN~ieridian 15360M\Tarawood Subdivision\FPORDER ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TA.RAWOOD SUBDIVISION - 4 ~lator RODERT D. CORR[E City Council Members CH,-ARLES ROU?lTREE GLEN~1 BEYTLEY RON,aNDERSO~ KEITH B[RD IvfEMORANDUNI: NUl3 OF TRE->,SL'RE V.-1LLEY A Guoti Place to Live CITY O~ MERIDIAN 33 EAST IDAHO ~CERID[AN, IDAHO 83612 ('_03) 333--1•-133 • Fax (203) 337--1313 City Cltrk Fax (203) 333--1213 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ CG - Y, 102. ~Li ~;.~.. l V .~i ,~ APR 2 8 ~JOQ Cites of tifericiia- Cites Clerl:Officc~ April 28, 2000 Re: Request for Final Plat for TARAWOOD SUBDIVISION j 32 Single-family Lots on 12.80 Acres by Michelangelo Investments, LLC /Frank Stopello We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Applicant is to meet all terms and conditions of the approved preliminary plat. 2. Any existing irrigation drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-48. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. Submit ofinalp letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for review and approval prior to development plan approval. Tarr~wod Sub.FP.doc FP-00.004 Nfayor and City Council Apri12$, 2000 Page 2 8. Please respond in writing, prior to the scheduled hearing, to the comments contained in this memorandum. Detail any arguments you may have in opposition to any of these comments, or simply signify your acceptance by stating oApplicant will Comply.p SITE SPECIFIC RE UIItEMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Prior to City of Meridian signature on the Final Plat map, detailed landscape plans for common areas, fencing, and pathways must be reviewed and approved by the Planning and Zoning Department. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. The applicant has indicated that Nampa-Meridian Irrigation District will own and operate the pressurized irrigation system. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on .the final plat by the Meridian City Engineer. 6. The bearing of the first leg of the tie from the Real Point of Beginning doesmY match the corresponding bearing in the Certificate of Owners. Please correct. 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Creek. Construct six-foot-high, permanent, non- combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. Tarawood $ub FP.doc FV-0O.OOd ,~ Mayor and. City Council April 28, 2000 Page ~ 8. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, road base approved by the Ada County Highway District, and perimeter fencing is to be in place prior to any building permits being issued. Landscaping and pedestrian walkways shall be installed prior to obtaining certificates of occupancy. 9. Modify or revise the following notes: 11. (Reference to Lots 1 & 2, Block 1 should be made, as well as Lot 9, Block 3 for the Ridenbaugh Canal) 10. Complete The recording information in Note number 12. 11. Graphically depict a 10-foot-wide Public Utilities, Drainage, and Irrigation Easements along the following lot lines: North Side Lot 3, Block 1, Lots 1,5-7, 11, Block 2, Lots 18, 12-14, Block 3, Lots 8-9, Block 2, Lot 16, Block 3 South Side Lots 7-8, Block 1, Lots 2-8, Block 3, Lots 7-10, Block 2 Westerl Side Lots 3-7, Block 1 Easterly Side Lot 1, Block 2, Lots 17-18 Block 3, Lots 8, 10-12, Block 3 (Easement on Lot 8 needs to maintain a minimum of 5- feet into lot from the ressurized irri ation line) Northeasterl Side Lots 2-3, Block 2 12. Applicant has submitted Covenants, Conditions and Restrictions per application requirements, however the body of the CCRms is from another development, even though the title sheet states Tarawood Subdivision. Applicant shall submit for review, to the City Attorne}ms Office, CClans that pertain in whole to this development. ~~~ Tarawood Sub.FP.dx m , ~. j~ ! ~ti r~ ~u Mw.u~~M! MMW/!' w 1T i.. 1... ~~..,"~.~ . f~GAW.vN~ Itiw ~~~~ OF IDAHO. PURSUANT TO CODE SECTION SO.223 AND SE BE R' ORDAINEp BY THE MAYOR AND.THE COUNCN. OF.THE CITY OF~MI.RIDUW COUNTY. OF ADA, STATE OF~IDAHO ' "#"kq~e fs<n7d~t ~1J'.;#~ P'.`r3~~" :~~;~T`I •a~ci:r•;...°;. SECTt01V 1. ~"v :~ FlNDIHIGS ~=That'ihe'followmj~` descried land r: ca~hguous' and adjacent to the Cr~yy of MerKhan Idaho and that the City of Meridian has received a written . request for armexaiion to the City of fdendian,,ldalw by the owner of saai property tom A parcel of'Iand{~g ar the SW 1//4 of Section 20: `~ownsh+p 3' North. ~~nn6e 1 East::Base Merman', Merid"wn, Ada'Camty;~idaho loots paiticularly'descnbed as fo~rs`~l$tANFt~,b *~# .. 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CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 6Q,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC--SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, I believe that if you entertain a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October 5cn Rountree: Mr. Bentley. ~ • ~ MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 64 Bentley: Mr. President, 1 would move that we continue the public hearings for Items No. 13 through Item 20 until October 5"', 1999, and that is on the revised 9/20/99 agenda. Bird: Second. Rountree: Been moved and seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5`f'. Any discussion? All those in favor'? MOTION CARRIED: ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5"'? Okay. It'd be on the front of the agenda. We won't have anothertwo-hour hearing between you and - Bentley: Table the rest? Rountree: Well, we can move on the rest if -- I mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. -BROADWAY AND 8T" STREET (951 W. PINE): (APPROVE) Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President. . Meridian Planning and~ing Commission Special Meeting August 31, 1999 Page 53 De Weerd: You want to keep the recommendation then for the development agreement not to be then, because that is a staff comment. Barbeiro: No, I presume keep the development agreement as staff. De Weerd: Not needed. Borup: Staff s comment was that a development agreement was not needed. Barbeiro: Excuse me. I misunderstood that. I would opt that a development agreement be included to our recommendation to City Council. De Weerd: So you amending your motion. Barbeiro: I am yes, thank you. Hatcher: And I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: That was Item 8. Now that we have had all this discussion, -- ITEM NUMBER 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLi4T FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Borup: Staff. Hawkins: We have no further comments to add and ask to incorporate comments from the previous item. Thanks Borup: Thank you. Becky? Bocutt: Becky Bocutt, Briggs Engineering. Please incorporate my previous comments to the record. Barbeiro: On a personal note-I made the lot 1 block 1 as kind of an off shot and it turned into a 20 minutes discussion. If I ever do that again, remember to tell me you don't want to go there. I apologize for building such a large discussion with such a small issue. Bocutt: Well I think the adjoining neighbors, that something needs to be addressed what's going to happen with it and if I was a neighbor I would ask the same question. Meridian Planning and~ing Commission Special Meeting August 31, 1999 Page 54 This is the first time I have ever seen that little remnant like that. As Mr. Stoppello indicated, if no one is interested then it can go with lot 3, it could one heck of a big garden. That's one idea. Borup: Do we have anyone who would like to testify on item 9. Ashworth: My name is Dave Ashworth. I live at 2564 Bayou Bar. I echo some of the concerns of my neighbors earlier when we discussed this. I also agree with some of those concerns but also have concerns too the fact that this is being a fill project. I would like to have an answer about concerns about the look and feel of this subdivision will fit within the neighborhoods that are all ready established such as Los Alamitos, which I live, I would like to see-you see the lot sizes are similar. That's fine, but I want to know the feel of the neighborhood is going to be very similar to what we have. Seems like it doesn't have an identity and I'd like to see some answers to address as to how this is going to work within the existing subdivisions. Borup: I guess I am not quite sure of your question. I mean that is a characteristic of in fill. Often times they don't have their own identity they are absorbed by the surrounding subdivisions. As the applicant testified earlier, the lot sizes are on the whole larger and they would anticipate that it would definitely be compatible to surrounding subdivisions. I'm not sure what they could answer beyond that. Ashworth: There is some unique aspects to Los Alamitos as far as sidewalks and layouts and those kinds of things that I would like to see maintained to keep the look and feel of the general neighborhood the same. Borup: Okay, I think we can get an answer to that. Thank you. Any one else. If not, Becky could you address that one issue? Bocutt: Yes the gentleman is correct. The subdivision will not have it's own independent identify because it does not have a separate grand entrance on a arterial road. As far as the feel of the subdivision, those will be established through the protective covenants. The. covenants wil( be just as stringent as Los Alamitos, if not more. The anticipated value of the homes on these lots -obviously that is determined by the market, but it will be consistent with Sherbrooke Hollows and Los Alamitos. They could range anywhere from $145-$150 all the way up to $200-Like on the larger lots next to the canal that are like the 23,000 square foot lot you could put a $200-$250,000 house on it. As far as the improvements, they'd be very similar. We have not determined if we are doing off set sidewalks or putting the sidewalks at the back of curb. Sherbrooke Hollows has sidewalks at the back of curb. Los Alamitos has, I believe, 5 foot, 4 foot off set side walks. That particular item has not been determined. Hs far as they are worried about the value of their properties, this will be consistent and compatible. Borup: Thank you. Commissioner's. No other questions, discussion. I am waiting for a motion. Meridian Planning and~ing Commission Special Meeting August 31, 1999 Page 55 Barbeiro: I move we close the public hearing. Hatcher: Second it. Borup: Moved and second we close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Did we have all the discussion last time. Any final comment from staff. Can we still remember the discussion of things you wanted to add to your motion. De Weerd: Mr. Chairman, I move that we recommend for approval annexation and opps sorry-wrong one. The request for preliminary plat for Tarawood Subdivision to include additional conditions that being that they maintain or deed out lot 1 and that they an additional condition would be that a pedestrian path between lot 7 and 8 be added and to incorporate all staff comments. Hatcher: I second it. Borup: Discussion. Barbeiro: Mr. Chairman. The notes on staff requesting a pedestrian pathway between lot 7 and 8-do we have the option of within the recommendation to City Council, allowing them to put it between 7 and 8 or between 8 and 10 or between 10 and 11- howeverthe developer sees fit, or do we have to designate a specific spot. Borup: I think we can leave that open. De Weerd: Yes, I would withdraw the specifics that a pedestrian path be connected with the pedestrian pathway in Sherbrooke Hollows in some manner. Borup: It would not connect with Sherbrooke Hollows path because it just goes to- De Weerd: Then the pedestrian bridge. Barbeiro: Essentially you want to state that there be a pedestrian pathway- Borup: It would go (inaudible) easement is what you saying. Barbeiro: That connects east to Tarawood Street and the Ridenbach Canal easement. De Weerd: Did you get that Steve? I amend my motion. Hatcher: I second her amendment. Meridian Planning and~ing Commission Special Meeting August 31, 1999 Page 56 Borup: Any other discussion. All in favor? MOTION GARRIED: ALL AYES ITEM NUMBER 10. REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2- STORYOFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: Borup: I need to mention that Commissioner Ken Brown has joined us for this application and the rest of the evening. Looks like we got Steve. Siddoway: Mr. Chairman and Commissioner's, this application before you as you mentioned two two story office buildings. The site is located on this map in the cross hatched area. The application that we all ready reviewed previously tonight for Sonntag the medical office building, is on this parcel. Again, the parcel right here is for the Holiday Inn Express. To the north we have a Texaco and further north we have the Eagle Partners Chevron McDonald's project. Hubbell Engineering site is here and St. Luke's would be across Eagle Road in this area marked as L-O. This project has been before you before for annexation and zoning and tonight this is the conditional use permit. You should have our comments dated July 12, 1998-1998 that is what is says. We would change that to be 1999 and request that they be included in the testimony tonight. The applicant has contacted me with concerns about the requirement for no temporary signs. The concern was that it would prohibit a construction sign on the site and for lease signs. I would like to state for the record that the -that requirement is not intended to prohibit those signs. It is intended to prohibit temporary signs of occupancy in the future, sandwich boards, A Frames, other banners affixed to the sides of the building once the building has occupancy. Specifically the construction sign on the property during construction and a for lease sign when it is trying to be leased is not prohibited by that requirement. That is all I have at this time. De Weerd: Steve, can you tell me that parcel behind Chevron and north of the applicant parcel where Allen Street is going to go through-do you know the progress of that? Siddoway: The progress of the street? I do not. Hawkins: The requirement Chairman De Weerd is for-there is 108 foot ACHD right of way that is required to be constructed as a part of Eagle Partners project. They are only required to stub to the property line. At this point, I don't believe we are aware of any time frame for looping that to head south to align with Allen Street. They are just required to go to that west property line of the Eagle Partners site. There is no time line that I am aware of. Barbeiro: With regards to the discussion about the sewer access that we had in a prior hearing, what effects do (inaudible) on this lot. r • Meridian City Council Meeting October 5, 1999 Page 60 Bentley: Are we going to need to hold this until the annexation? Corrie: Yeah, we do. We can't (inaudible) to do it either way. We should get the - Bird: We can (inaudible) the Findings of Facts. Mr. Mayor, I move that we - in favor of the conditional use permit for 60,000 square foot medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns located at Lot 15 in Magic View Subdivision and the attorney draw up in favor Findings of Fact and Conclusions of Law and Decision and Order showing such. Bentley: Second. Corrie: Motion made and second to approve the request for conditional use permit and have the attorney draw up the proper form on the CUP. Any further discussion? Hearing that, all those in favor say aye. MOTION CARRIED: ALL AYES 21. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Now we'll drop down to Item 20. This is a continued public hearing: Request for annexation - I'm sorry. Twenty-one, continued public hearing: Request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. We've had a request that the testimony that was issued. on Item 20 would be incorporated in 21 by Mrs. Bocutt and Mr. Stoppello. Is there anyone else from the public that would like to issue testimony in this case? If you want to, you can now. Riley: Again, just one more time, gentlemen. I implore you to notice that Briggs Engineering's contradiction saying they do have plenty of access. Well, that is true. They do have five accesses into the property, but they're all through other subdivisions. They're still -they're assuming that we want all the traffic either coming through, out into Time Zone, down Bayou Bar and out through Raven Hill which is going to affect another one, going out through - up through Los Alamitos again down Three Bars over the new Eagle bridge and out to Eagle. All their accesses, !don't know this Ada County Highway District study, I don't know - it only makes sense if people work out in Nampa. They're still going to come through Los Alamitos. If they work in Micron, they're still going to come through Los Alamitos. If they have to come through, back through Sherwood and out and then down, that's not a legitimate way to go. It's going to be much faster to go through Los Alamitos, get on Locust Grove and down Overland. And as soon as the - or out to the Meridian onramp onto the freeway. So they're putting a • • Meridian City Council Meeting October 5, 1999 Page 61 lot of burden on our subdivision, especially on East Party Jet. That's not - tf'iey haven't given that enough consideration there. You know, it looks good on paper. You guys come out there and try to live in our subdivision when you have that much increased traffic. And then to contradict you, I wasn't talking that Los Alamitos has any parks. That's not my concern. We do not have any as a subdivision, but right here we do have a huge common area, and so all entrance and exit through our subdivision has to come through that, and that's where our liability comes. So any accidents that fall on there, I'm not worried about the individual homeowner. Everybody should have their insurance up to date, but out there, that's where we're liable. Right now we only have $1,000,000 of insurance. That won't cover anything. You know, lawsuits today easily are in excess of $1,000,000, so now we're going to have to take out an umbrell2 policy to cover that. That's all I have to say. Corrie: Thank you. Anyone else that has any new testimony that hasn't been heard on Item 20? Any comments that you had? I'll entertain a motion to close the hearing on Item 21. _ Bird: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Any further discussion, Council? Okay. I'll entertain a motion o--~ the request for preliminary plat for Tarawood Subdivision by Michelangelo Investrr,ents, Item 21. Before I do that, Gary, you had aletter - I'm sorry. That's another -• that's a different subdivision. Sorry. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: We've still got on 1.27, this is really direct, provide a 20-foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. I mean, it's stating whether it goes right out to the Ridenbaugh Canal. I'm still not in favor of that. Corrie: Well, make your motion and strike it. Bird: You ready? Corrie: Mr. Bird, you have the floor. • • Meridian City Council Meeting October 5, 1999 Page 62 Bird: You want me to go? Mr. Mayor, I move that the City of Meridian pass the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows with the Planning and Zoning's recommendations except for 1.27, delete that completely and for the attorney's Findings of Facts and Conclusions of Law and Decision and Order. Corrie: Motion has been made by Mr. Bird. Is there a second to the motion? Bentley: Second. Corrie: Okay. Motion is made and seconded to request the preliminary plat for Tarawood Subdivision to be approved with recommendation of Planning and Zoning with the deletion of 1.27 in the recommendation. Further discussion? Hearing none, come up with a question, all those in favor of the motion say aye. Bird: Aye. Corrie: Opposed, no. Anderson: No. Corrie: I didn't hear yours. Bentley: I'm debating. Corrie: I've got one and one. Can't get rid of the tie this way. Bentley:. No. Corrie: Okay. We have two no, one aye. Motion is defeated. MOTION DEFEATED: ONE TO TWO Corrie: (inaudible) so we have to have another motion for either - I guess you can't. You defeated the motion. Okay. Bird: It's done. Corrie: It's done. I'm sorry. We annexed it but didn't approve the preliminary plat. (inaudible) done here tonight? Have you followed that? I'm sure you did, but -okay. Thank you. • • Meridian City Council Meeting October 5, 1999 Page 63 Corrie: Item 22 was tabled from 9/21/99: Request for final plat for Vienna Woods Subdivision No. 1 by Skyline Development Company, 5400 North Locust Grove Road. Gary, I think you had a letter here. Would you kind of let us -what you had there. Bird: Mr. Mayor. Corrie: Gary's -yes. Just a minute. Gary. Smith: Mr. Mayor, Council members, I put together a response to the comments that the applicant had made in regards to our original staff review comments, and I tried to answer the applicant's concerns to those specific, and there was one general requirement comment that the applicant had. This memorandum that I submitted to you and each Council member and City Attorney today is dated October the 4t", and it concerns both No. 1 and No. 2 final plats. If you'd like, I'll just review these comments unless you have some questions or concerns about what I have written. Corrie: Okay. Just a minute, Gary. Rossman: Mr. Mayor, sorry, Gary. I apologize for being so slow. I was a little slow in catching what happened on Item No. 21. I don't know if you want to revisit it after we deal with 22. My recollection is there was a motion to approve that was defeated. We probably better have a motion to deny it. Corrie: Yes. You're correct. I was - we were sitting here talking about that, so I will entertain a motion to that affect, yes. Bentley: We'll do that now? Corrie: Yes. Let's do that now. I'm sorry. We'll hold Item 22 - Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we deny the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments. Anderson: I'll second it. Corrie: Motion was made and seconded to deny the request for a preliminary plat for Tarawood Subdivision. Any further discussion? • • Meridian City Council Meeting October 5, 1999 Page 64 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I think it'd be helpful for the applicant if we did kind of discuss what we didn't like about it so -that first step. I guess one of the things I didn't like was the accESS, again, not having stub streets out to possibly Locust Grove or something like that. The unresolved irrigation system, and then also reading through the packet that w~; have here, the school district says that they're at maximum with the school districts that are served by this subdivision now, and we just continue to keep adding to that burden. The more these -the more that we annex. And then the fact that - I would like to see the pedestrian pathways at least put in to the one canal on the east side there, and that was also reflected in the motion. Those were my concerns with it. Corrie: Other comments, concerns? So we give some guidance here? Bird: I voted for it. Corrie: Any other comments for the -Becky, I'm going to give you achance - Bocutt: I just have a question. Corrie: -- here. Okay. I follow you. Bocutt: This is one of those strange nights. Corrie: You're telling me. Bocutt: Abridge over the Five Mile Creek, ACRD on where we put bridge locations is dictated, obviously, by traffic volume, not by convenience. Secondly, I had to fight tooth-and-nail with the EPA, Army Corp of Engineers, any piping on that Five Mile Creek, they want it open for birds, vegetation, et cetera. If I go in there and try -they told me don't come back in this area and ask to pipe any section of the Five Mile. Corrie: Nine Mile. Bocutt: Nine Mile. Excuse me. So, I mean, I am just -this is a strange little parcel that I just don't have options. And we're 32 lots. I mean, I guess to deny this and make Mr. Stoppello start over makes no sense to me. If they are design issues, then I think it should be deferred for discussion. That's my opinion. We spent money, we spent a lot of time. I can't make - I can't put a bridge there if I can't get a permit to do so from EPA or Army Corp, and Highway District says that's senseless. I can't. I can't comply. Bentley: Mr. Mayor. • • Meridian City Council Meeting October 5, 1999 Page 65 Corrie: Mr. Bentley. Bentley: I wish we could have had that in the open testimony. Now that the folks have gotten up and left - Bocutt: Well, Idon't - Bentley: We have a real problem now with doing anything without, you know, rescheduling another public hearing. Bocutt: Then I guess my recommendation would be I would like you to defer the Item - Bentley: Well, we can't defer it. Bocutt: -- and re-notice it. I guess we would pay to re-notice it to -- Corrie: Well, we'd have to do a reconsideration; is that correct? Bocutt: I understand that. Bentley: I would agree, yes. Bocutt: I didn't address that because I didn't believe that was one of the big concerns. Bentley: Well - Bird: But you did address it. You addressed that the stub out roads was strictly done by the Ada County Highway District. Bocutt: Yes, sir, but as far as the bridge and our EPA, Army Corp year-long battle - Bird: Well, that would have been in there if Ada County Highway District would ask it to be in there. Corrie: And I had heard Shari mention the possibility of a stub street, and then I didn't hear any comment from you on the Army Corp (inaudible). Bocutt: Well, I mentioned the stub street is the connection there out of Sherbrooke for Mr. Shipley, Mr. Suttor, those parcels. That's where they're secondary means of connection. That's the importance of the connections here is emergency vehicles, school buses, fire department; those are our primary concerns, and then the issue of volumes. Those are concerns, too. But all of these streets have been evaluated considering this property would develop at its highest density which it is not. • • Meridian City Council Meeting October 5, 1999 Page 66 Bentley: Well, one other point, one of the people that spoke in the audience though, did mention stubbing to the west, and there was no response about the -with the problems with the water company on that, so - Bocutt: Well, I apologize, sir. I didn't hear that comment. That's not one that I wrote down on the stubbing to the west. I apologize. Corrie: Well, they can have a reconsideration of Item 20 - Bird: I've got a question now. Corrie: -- (inaudible) and do a reconsideration on that and have the other public come in and be privy to what the information that's come in tonight. They've left. Bird: Got a motion (inaudible) denial. Corrie: We have a motion that - on the floor. Anderson: So if we're going to re-notice it (inaudible) then to withdraw this motion? Corrie: You can withdraw the motion and we can't - Bird: No, we can't. Corrie: We can't. We have to continue this motion. Bird: You already beat the other one down. Corrie: Give me the motion. Who made the motion? Bentley: I did. Motion was to deny. Corrie: Deny. All right. Bentley: And what we're doing with that motion is completing what we started. Bird: With the first motion. Bentley: We left out a step. So we have to complete this motion and then we c2n (inaudible) for revisitation. Corrie: Okay. (inaudible) has been called for the motion. All those in favor of the motion say aye. • • Meridian City Council Meeting October 5, 1999 Page 67 MOTION CARRIED: TWO TO ONE. Corrie:. Okay. Now we need to reconsideration -they have to make that application, do they? Bird: They have to make the application. Rossman: Shari, what is the procedure for reconsideration of City Council action? Stiles: We don't have one. Rossman: There's not an ordinance in place? Stiles: No. Corrie: Well, we just had a reconsideration on something here not too long ago, so all the applicant can do is send a letter they want us to reconsider and then we schedule it? The Mayor schedules it? Bird: (inaudible) Corrie: And we notice it? Stiles: Bill Gigray had proposed a reconsideration, but Gary and I were both very opposed to that what he had come up with because it opens it up to everybody that doesn't like your decision and asks you the same thing again, so - Corrie: (inaudible) trying to close (inaudible). Rossman: I think Bill's intention, if I may, Mr. Mayor. I think Bill's intentions were to codify an ordinance as to what the procedure is for reconsideration. Rather than proceeding on ad hoc basis without any ordinance authority, and hopefully that can be done, but I know there is a history of practice, and I know Ms. Butler who walked up to the stand has some personal first-hand knowledge of that previous practice, and we can certainly, if there's not an ordinance that precludes it, then, certainly, proceeding in the manner that it's been done in the past is -there's nothing that would legally prevent that. Butler: Mayor Corrie, Council members, just as a member of the public I can, if you'd like some -you are governed by Roberts Rules of Order under your ordinance, and under Roberts Rules of Order, you have the right to reconsider which is a motion made without notice, the two-step motion whereby at your next available hearing you can • • Meridian City Council Meeting October 5, 1999 Page 68 move to reconsider if you should decide to reconsider it, you can either deliberate right then and there or move to notice a public hearing. Rossman: However, if the intention is to allow public input again rather than just a reconsideration of your determination, the notice requirements are going to need to be complied with. You can, you know, on your own - at your next hearing, decide to reconsider your decision, but if you want public input and you want the public to be able to address the issues that were raised subsequently, then notice should be provided. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Is that, Councilman Bentley and Anderson, is that what you wanted? Another public hearing? I don't feel it's necessary to have another public hearing. Corrie: Oh. I do. Bird: I mean, I don't know why we need a public hearing. 1 think we should notice it and re-do it at the next meeting, but why do we need another public hearing? Corrie: We may have public testimony that wants to hear it. What are your feelings? We have one for and one against. Bentley: I guess my feeling is we ought to go back before the public, too, and they ought to be invited to comment one way or another on it. Corrie: Okay. Do we need to then have a motion for - to have a public hearing on this same item? Rossman: Well, Mr. Mayor, I took Ms. Bocutt's comments as a request for a reconsideration, so if the intention is to have public input, then yeah, I would say that there should be a motion to take public input at a date certain and that notice be provided on a motion of reconsideration which was raised by the applicant. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: How long do we have to notice that? Can we do it in two weeks? Do we have time? Corrie: No. s • Meridian City Council Meeting October 5, 1999 Page 69 Stiles: No. Corrie: (inaudible) Bird: We'd have to go to the November 3`d meeting? Corrie: We have to go to November 3`d, yeah. Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we reconsider for public testimony on November 3`d, the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows and for the advertisement of the public hearing be put forward. Anderson: I'll second it. Corrie: Okay. Motion was made and seconded that we reconsider for public hearing on November the 3`d for the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC for the November 3`d hearing. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Clerk, if you'll do that, notice that one. All right. Okay. 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: 23. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: Corrie: Okay. Now we go back to 22. Gary (inaudible) to continue with this explanation on 22. Okay. Gary, go ahead. Smith: Thank you, Mr. Mayor, Council members. The applicant had responded to your staff review comments that were previously made, and the applicant had sorne questions and concerns about some of those comments, some of the staff comments. I submitted to you today a memorandum that I had written on October 4th addressing the ."-s Meridian City Counc~ting November 3, 1999 Page 21 Bentley: Mr. Mayor. Corrie: Mr. Bentley. • Bentley: I move we table -continue the public hearing for conditional use permit fora 96-unit apartment by Ionic Enterprise until 11/16/99. Bird: Second. Corrie: Okay. Motion is made by Mr. Bentley, seconded by Mr. Bird to continue the public hearing on Item No. 12 until 11/16/99. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 13. PUBLIC HEARING: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 13 is a public hearing: Request for reconsideration of a preliminary plat for Tarawood Subdivision by Michelangelo investments, LLC. At this time, I'll open the public hearing. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, just a point of procedure, I reviewed the notes concerning this particular matter and the various motions that were made, and I, to assist the Council in this regard, it's my opinion in reading those that actually no motion concerning this matter ever passed. The motion that did pass was to continue the public hearing, and I think that at least from my standpoint as I would prepare Findings if you reach some type of conclusion would be just to show this as a continued public hearing if that's agreeable with the members of the Council. That's how I see the minutes as I read them. Corrie: Okay. Then Item 13 will be a continued public hearing rather than public hearing. Same thing, but it's continued. Staff, any comments? Stiles: Mr. Mayor and Council, my recollection of what happened was the public hearing was closed, the plat was denied, and after that happened, the applicant's representative got up and gave additional testimony that the rest -the people that were in opposition to the project, they had already left because the public hearing was closed. I think that was why the public hearing was re-noticed so that those people would get notification of this public hearing so that the applicant's representative could bring forth any new testimony that they had since the public hearing was closed. We probably should be acting on the Findings on the annexation and zoning prior to any action on the plat. -~ Meridian City Counci~ting November 3, 1999 Page 22 Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I just reviewed the minutes before coming here, and as I read them, it appeared to me the motion that was made by, I think it was Councilman Bird, didn't pass. Then there was a discussion, then it was finally determined to continue the public hearing for more information. But be that as it may, you all decide how you view that. I just wanted to make comment, I think, since you continued the public hearing, you could proceed to take testimony on -then we can deal with that. Corrie: Is the applicant here this evening? Becky. Bowcutt: Also, I apologize for my attire this evening, but I don't have anything that I can coordinate with this that's dressy. Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. Just to refresh your memory, we did hold the public hearing on the annexation and the rezone request to R-4. I submitted my testimony. Mr. Stoppello submitted his, and we did have opposition from the Los Alamitos Subdivision residents and the President of the Association. Their main concerns was issues of liability and traffic. Then the motion was made to approve the annexation and rezone and adopt appropriate Findings. I believe in the motion they removed condition requiring a pedestrian access to the Ridenbaugh Canal. That was supported unanimously. At that time, Councilman Anderson did not state that I will support the motion; however, I have some reservations or concerns about the development. So when the preliminary plat was opened up, I basically asked that my testimony on the annexation be submitted for the preliminary plat also. Obviously to save time because the hearings have gone quite long. The opposition did get up. I believe the President of the Association got up, made a couple of comments, and then the vote was taken to deny the plat. What I was puzzled about is the annexation was kind of tied to the plat, and so I wasn't sure what had transpired, but I came away confused. I did jump up. I did ask for reconsideration because if Councilman Anderson, Councilman Bentley had some concerns and wanted additional information to make a decision upon this project, then I wanted an opportunity to submit that. That's why I'm here this evening. I did get a letter from Ada County Highway District. I don't know if Will distributed that to everyone. Wiii, did - I faxed it to Will this morning. Yes. I met with Ada County Highway District, Dave Slatt (sic), Christy and Steve Arnold. I went over the concerns that the Council had brought up and the concerns of the neighborhood. They generated this letter. Basically what it states is these two stub streets out of Los Alamitos must be continued into this project. The extension of these roadways does not exceed capacity of the local streets in Sherbrooke Hollows or Los Alamitos, and that staff supports the proposed layout without any additional, unnecessary stub streets to the west. I did bring some maps for you to make it a little easier. On the overhead you can't really see where the traffic's going because it's cut off. These are maps that let you view from Locust Grove to Eagle Road and out to Victory. They're too big for an overhead, so - If you noticed on that map, the r Meridian City Council~eting November 3, 1999 Page 23 project in question has the black line around it. As you can see, the stub street to the south in Sherbrooke Hollows has a pretty direct path out to Victory. Also, it has a pathway out to Locust Grove. So there are three points of possible access through Sherbrooke Hollows and then there are these two stub streets that will lead to one access up here going out to Locust Grove. There's also the potential for traffic to split and go out to the east through the vehicular bridge over the Ridenbaugh and get into Thousand Springs. It has always been important that we make some type of connections to these public streets. This particular section with that vehicular bridge being in the middle of the section provides many options. This parcel is a small parcel. We're talking 32 single-family lots. The density of this project is less than Los Alamitos. It is comparable or less than Sherbrooke Hollows, and consistent with Thousand Springs. The fears that they neighbors had was that all the traffic would use their streets. According to Ada County Highway District, that is not correct. If people, depending on which direction they're going to go and where they live within this Tarawood Subdivision, they're going to take multiple routes. Accesswise, this property has with the three stub streets, a lot of different options. This was the traffic study that was done on Sherbrooke Hollows. Since then, we came in with that Sherbrooke Village which brought this street straight down. It was estimated this project would dump up to 300 trips per day into Sherbrooke Hollows. That was based on the traffic engineer's estimate. You -the average single-family dwelling generates up to 10 trips per day, and so that'd be about 30 homes. The other thing I wanted to bring to your attention that I brought up the fact that the bridge was not a good idea over the Nine Mile drain, and was the difficulty that we have had in the past dealing with the Army Corps of Engineers and the EPA. This is a letter !got from the EPA, and it took me over a year to be able to pipe a portion of that Nine Mile drain, and I would just like to read this to you: "The Environmental Protection Agency strongly objects to the proposed elimination of this reach of Nine Mile Creek. Despite the existing degraded condition of this stream, there are opportunities to improve the condition of this stream as long as it remains an open channel. Putting the stream into a pipe forecloses these opportunities." We spent hours and hours and hours with these EPA guys on just a pipe. This wasn't even the big drain. This was just a little ditch that fed the Nine Mile drain, but because on the map it said Nine Mile Creek where this little tiny ditch was, we fell under Army Corps jurisdiction. I'll submit that for the record also. We would have to, in order to cross that creek with a bridge, we would have to deal with Army Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, we have to deal with Nampa Meridian Irrigation District. There is a whole regiment of agencies that we must go through, and they must all consent to the structure that we intend to put into these facilities, and that was my problem here. Everyone consented except for the EPA, and it took us many, many months of discussions and trying to find alternatives, and when we could demonstrate that we had no alternatives, they finally went ahead and approved our project. The other thing I'd like to mention was the issue of pressure irrigation that was brought up. We will not be connecting to Los Alamitos' pressurized irrigation pump station. 1 have met with Nampa Meridian lrrigation Meridian City Counci~ting November 3, 1999 Page 24 District. They indicated to me that that system is at capacity. There are problems with that system, and they said the problems are due to the fact that the engineer, the previous engineer, who designed it, we did the last phase, but the irrigation design was done prior to us working on the project, did not loop lines. There are many dead-end lines within Los Alamitos Subdivision. Those dead-end lines are causing problems with pressure. So that is out of the question as far as any irrigation for this particular project. We have two options according to Nampa Meridian: Go in and upgrade the pump station for Sherbrooke Hollows and Thousand Springs; that would require bringing three- phase power into it or, two, have an independent pump station for this development. Those are the two options. We have adequate water sourcing for that. It's just a matter of which way Nampa Meridian determines they want us to go. What was the other -the other issue was the issue of liability. It was stated that the Los Alamitos had concerns that if our traffic went through their development, a car accident happened, that they could have liability problems. According to the Ada County Highway District, that is ridiculous. They said that should have no bearing. The last issue that was brought up was the issue of schools. A letter was sent by Mr. Carberry. It talks about the overcrowding that's taken place in the schools at this time. Mr. Carberry says these are their new letters. They neither approve developments nor do they recommend denial. They're giving us the facts. He is stating that the schools out in this vicinity, especially Mary McPherson is over capacity. They're trying to get a new site right now. I've been working with them. They want a site south of Victory, but we've got to figure out how to get sewer to it because the Nine Mile trunk is at capacity. So that is an issue. The high school site, they believe they're going to build that within a couple years. The middle school will have some relief in the fall of 2000 with the new one east of Eagle Road. So we are making headway. But these types of letters -we're going to see a lot more of them because this situation is pretty much the same for most projects in the Meridian area at this time. We're asking you to approve this project. We feel it's a good project. It is an abnormal parcel; it is in-fill. We've done the best we can with what we have to work with and the limitations. To put a bridge either to the west or to the east doesn't make any economic sense, and the Highway District says they will not support it. Do you have any questions? Corrie: Council? Bird: I have none. Corrie: All right, Becky. They don't fiave any questions. Bowcutt: One thing I did forget, the applicant did meet with Shari, and he and Shari did come to some agreement on pedestrian access. Just for the record, Nampa Meridian has an easement here where the small drain turns into the big drain, and he's agreed to grant a pedestrian easement across the back, and there's also a Nampa Meridian easement here. We grant an easement back Meridian City Council~eting November 3, 1999 Page 25 here and link in with this pedestrian pathway that's already in existence, and that ~ 0-foot easement would link to that. So we would not have a new point of access to the Ridenbaugh, but we would merge our access with this one, and that would put it right at the vehicular bridge. So we will provide easements for that access, and then if that bridge ever came in, you could walk back behind here and then you could go down the Nine Mile drain. Bird: That's your complete south -make the -across the whole south? Bowcutt: Yes, sir.. Linking right into this pedestrian path. Run the south boundary. Bird: And no more to the Ridenbaugh? Bowcutt: No. We would not have a separate access to the Ridenbaugh. No, sir. Bird: Okay. Corrie: No questions. Bowcutt: No questions? Corrie: Nope. Anyone else here tonight that would like to issue testimony on this request? Okay. Hearing none, I'll entertain a motion to close the continued public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the continued public hearing regarding the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. Bentley: Second. Corrie: Motion is made and seconded to close the continued public hearing on Item No. 13. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie; Discussion? Bentley: Mr. Mayor. Corrie: Mr. Bentley. ,' •~ Meridian City Counci~ting November 3, 1999 Page 26 Bentley: Would -question for counsel. Would this require new Findings? Corrie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Bentley, we do Findings on preliminaries. We don't on finals. Bird: This is preliminary. So we would have to have Findings. Gigray: The Findings that we do are simply to try to follow the provisions of your ordinance with regards to preliminary plats and the conditions preceding to granting them and including the conditions imposed in granting a preliminary plat if you grant it. Bentley: My question was because of the new testimony brought forth whether we should have some new Findings. Gigray: There have been none prepared. Bentley: Thank you. That's all I have. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. The Chair will entertain amotion - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we direct the attorney to Findings of Facts and Conclusions of Law and Decision of Order for Tarawood Subdivision by Michelangelo Investments, LLC and approval. Bentley: Second. Corrie: Motion made by Mr. Bird, second by Mr. Bentley to have the attorney draw up the Findings of Facts and Conclusions of Law on the Order in the affirmative. Any further discussion? Bird: I have none. Corrie: All those in favor of the motion, say aye. Meridian City Counci~ting November 3, 1999 Page 27 MOTION CARRIED: ALL AYES ITEM 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC--SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 14 is request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC. Staff, any comments on the Findings of Facts on this one? Let the record show she held her finger up for one minute, please. Okay. (inaudible) Stiles: Mr. Mayor and Council, if her previous proposal is accepted to do away with the pedestrian walkways that we had previously requested, on Page 6 of the Findings, Item 15.12, that would need to be deleted. Corrie: 15.12 on Page 6. Stiles: And also Page 14, Item 3.12 would need to be deleted, and we'd also like to add the condition that a common lot be provided along the entire southern boundary of the property. That's all I had. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law, request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments with the following additions: On Page 6, 15.12 be deleted; Page 14, Item 3.12 be deleted; and with the addition that a common lot be provided on the entire southern boundary. That's it. Rountree: Second. Corrie: Motion by Mr. Bentley, second by Mr. Rountree to approve the Findings of Facts and Conclusions of Law for the request for annexation and zoning with the additions stated by Mr. Bentley for Page 6, Page 14 and the common lots. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Yes. /'' Meridian City Counc ~ ng November 16, 1999 Page 3 Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHAELANGELO INVESTMENTS, LLC -SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 2, Findings of Facts and Conclusions of Law: Request for reconsideration of preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC, south of Los Alamitos Park and north of Sherbrooke Hollows. Staff, comments on Item 2? Stiles: I had no problems with the Findings with No. 2. Corrie: Okay. I'll entertain a motion on Item No. 2. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the preliminary plat. Corrie: Do I hear a second? Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law for the reconsideration of the preliminary plat on Item No. 2. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. r Meridian City Counci~ig November 16, 1999 Page 4 Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: Corrie: Item No. 3 is the Findings of Facts and Conclusions of Law: Request for variance to allow building height of 43 feet in an i-L zone by Food Services of America. Staff, any changes? Stiles: Mr. Mayor and Council, just a minor clarification. Although the applicant did make reference in their application to Boise Warehouse, on Page 4, the second line, that should be Meridian Warehouse, and also on Page 5, the second line should be Meridian Warehouse. Corrie: Okay. Any other comments from Council? Bird: I have none. Corrie: I'1( entertain a motion on Item No. 3. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the request for variance to allow building height to 43 feet in an I-L zone by Food Services of America with the changes of Meridian -from Boise to Meridian in the Findings. Rountree: Second. Corrie: Okay. Motion is made and seconded to approve the Findings of Facts and Conclusions of Law with the changes of the word "Boise" to "Meridian" in two areas for the Food Services of America and height. Any further discussion? Roll-call vote; Mr. Anderson Anderson: Aye. Come: Mr. Bentley. *~ TX CO~ATION REPORT *~ DATE TIME TO/FROM 10 11/15 10 18 12083452950 AS OF NOU~'99 10:21 PAGE.~i CITY OF MERIDIAN MODE MIN/SEC PGS CMDfi STATUS EC--S 03'08" 009 205 OK November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: MICHAELANGELO WVESTMENTS ~ I'..-~'~'f~~'4"' 3 ~~ ~ ~ ~ ITEM #: 2 REQUEST: RECONSIDERATION OF PRELIMINARY PLAT FOR 7ARAWOOD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ClTYATTORNEY: SEE FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CfTY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEFT: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~,~ • ~ R~C~~ N O V 1 2 1999 interoffice CITY OF MERIDIAN M E M O R A N D U M To: ,~:Wiln ~.3'r, Berg, ~,lr,~ ~//Iayor and y Council From: Wm. F. Gigray, III J Subject: Michelangelo Investmle//nts, LLC Tarawood Subdivision - PP-99-012) Date: November 11, 1999 Will, Mayor Corrie and Council: Please note that the Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary Plat follow the recommendations of the Planning and Zoning Commission, except I revised condition number 1.27[It is number 2.27 in the Findings] and eliminated I.30, in order to make this action consistent with the Councils action on the request for annexation and zoning of this parcel. In the Recommendations number 1.27 read as follows: "Provide a 20 foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. This pathway is to be owned and maintained by the Home Owners Association." Which now reads in the Findings at 2.27 as follows: "Applicant to provide for a common lot to be owned and maintained by the Home Owner's Association along the southern boundary of the subdivision from Nine Mile Drain to the Ridenbaugh Canal, which common lot shall be of sufficient width as required by staff for pedestrian access use." Additionally, the language of 1.30 in the Recommendations which has now been deleted in the Findings, and it read as follows: "Pedestrian path shall connect E. Talawood St. to the Ridenbaugh Canal." ~ ~ File Page 2 November 11, 1999 If these Findings are not your intention, they will additionally need to be revised. Please advise. msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision\BergMayorCounci1110999.Mem ~ ~ October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM #: 13 REQUEST: RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SEE PREVIOUS PACKET ~,, 6r I~"d ~ ~p~. ~~r ~^~i~ 1145 k`~4 ~~.~~ mss t~-~ ~e~- ii/~ (~~ ** TX CONFIRM~N REPORT ** AS OF NOU 04 '99 13 05 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 06 11104 13 05 LEGAL DEPARTMENT MODE MINiSEC PGS CMDI# STATUS EC--S 00'22" 001 069 OK October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: MICHELANCiELO INYESTME LLC ITEM #: 13 REQUEST: RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE PREVIOUS PACKET CITY ENGINEER; CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: GITY SEWER DEPT: CITY WATER DEPT: ~ YI,~'/~ MERIDIAN SCHOOL DISTRICT; ~ J/ ~fU 1 _ v / MERIDIAN POST OFFICE a : ' A ~ (" ADA COUNTY H-GHWAY DISTRICT: '~ ADA COUNTY STREET NAME COMMITTEE: I ~, CENTRAL DIS?R1CT HEALTH: at/ ~ ~ _ ~ NAMPA MERIDIAN IRRIGATION: G~'~ J ~/l ' SETTLERS IRRIGATION: J IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. (~~'L-- • FRANK W. STOPPELLO ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 FRANK W.STOPPELLO JERRY A. KISER November 2, 1999 TRANSMITTED VIA FACSIMILE AND SENT BY MAIL Mayor Robert Corrie City of Meridian 33 E. Idaho Street Meridian, ID 83642 ~~~~ Nov - 3 1999 ~~~~ TELEPHONE (208) 336-1020 FACSIMII.E (208) 336-1027 Councilman Glenn Bentley City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Ron Anderson City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Charlie Rountree City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Keith Bird City of Meridian 33 E. Idaho Street Meridian, ID 83642 William F. Gigray Meridian City Attorney P. O. Box 1150 Meridian, ID 83680 Re: Tarawood Subdivision Dear Mayor and Councilmen: I am in receipt of the proposed Findings of Fact for Annexation and Zoning and believe they contain an err in paragraphs 15.12, 15.14, 3.12, and 3.14 because they appear to pertain to lots for a common area for both the 9 Mile drain and the Ridenbaugh Canal. If I am not mistaken the Ridenbaugh Canal requirement was removed by the Council. This issue might be moot due to the fact I have met with Shari Stiles last week and believe I have reached an agreement as to the solution to access which will be presented by Becky Bowcutt at Wednesday's meeting. I have a hearing Wednesday night in Pocatello, Idaho, and will not be present.. Becky Bowcutt will make the presentation. Sincerely, I,~ W ~ Frank W. Stoppello Attorney at Law FWS:dc r ~ REcE~L SEP 2 2 1999 CITY OF MERIDL4I~ '~tCtt~ia ~t ~~e%lCdla~t ~vilgcttlouc ~t~fiiiCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 September 15, 1999 OFFICE: Nampa 466-7861 ~ Mertdidrl SHOP: Nampa 466-0663 33 East Idaho Meridian, ID 83642 il~r3: A."N-t~.:atl~ti.'t arras! Zanlrifl; PrPllrrelnary flat Approva! far ~roRosed Tarawaod Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses through the east ~ the project. The right-of way of the Ridenbaugh Canal is 100 feet, 50 feet from the center each way. The District's Ninemile Drain also courses through this project near the center. The right-of-way ~ the Ninemile Drain is 60 feet, 30 feet from the center each way. See Idaho Code 42-1208^ RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or BiH Henson at 466-0663 for approval before any encroachment or change of right- way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Devebpment application be filed for review prior tb final platting. All laterals and waste ways must be protected. AU municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The devebper must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available ~ aA.developments within the Nampa & Meridian Irrigation District. S: cerely, John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA:dIn Cc: File -Shop File -Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 r~ u October 1, 1999 ~~ r ~ ~,.t~ ~ ~v~ MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: MICHELANGELO INVESTMENTS, LLC_ ITEM #: 21 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME GOMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION INTERMOUNTAIN GAS: ^'~. Y ry t ~ 3i.~ la ~'~ G~9'~ r~ ~. ~f r. ~S~ ~ ~ ~~~~°' OTHER: COMMENTS REFER TO PACKET OF 9/21/99 U`" All Materials presented at public meetings shall become properly of the City of Meridian. 4~ Y • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21,1999 APPLICANT: MICHELANGELO INVESTMENTS AGENDA ITEM NUMBER: 20 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDMSION AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER FROM STOPPELLO CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. t >i~•FcnivK w, ~TOt•T`rl.i.U n'I"I•rrltNkY'N AV11 ('l1UN:(kLlll<?I AT LAW IilO WKa'1' IInYN v'1'It1iI.T 11111 \It, I11A1111 M;Y 711•_ M•kANi~ W, KTUI'NKI.1.(1 TI27.iflI•II[)N>t (ZUl1) yyti-iO20 Jr:I+KY A. h'Ifil,li S epc emk~c L 17 , l 9 9 9 I~nl ~1,71Hrr,r, taosl aau 3ua- TRANSMIT"fED VIA FACSIMILC AND SENT SY U.S. MAIL Mayor Robert Corrie Councilman Glenn @entley City uL Meric~idn City of Meridian 33 E. Idaho Street 33 h'. Idaho Street Meririi~~n, TD A3692 Merida an, ID 83692 Councilman Ron Anderson City of Meridian 33 E. Idaho Street Mcridion, ID 83692 Counci Lrnan Keith Bird C;].Ly of Mericiidr) 33 F;. Idaho Street Mpridi~(n, ID 836d~ Councilman Charlie Rountree William E'. Gigray City of Meridian Meridian City Attorney 33 E. ldaho Street I~. 0. Box 1150 M~riciidii, ID ~C3692 Meridian, ID Q36B0 Re: Tarawnnri S(Ihdivi~;inn Dear Mayor and Councilmen: I write as the owner of the proposed Ta.rawood Subdivision which is scheduled £or hearing.^, before the Moridi~n City Council on September 21, 1999 at 7:.i() p.rn. The staff has recommended a 10 foot, public easement along LaL 3, Block I to the Nine Mile Drain on the western boundary of the Subdivision and, a 2.0 foot public easement between Lots 'I and 8, Filoc:k 3 leading to the ltidenbaugh canal on the P.c35LE'L'Il k~ourrc~a r y (~t t_lIU SulJaiviSivll. The Meridian Planning & %aning Commission approved the Subdivision subject to some puhl i n ;Ire<~~s, nn any ~~f t hn l~tS that bord~:t the Ridenbaugh Canal. Tarawood is a small 32 lor., Lill-in subdivision. The requirement of a 10 £oct public, e~~sement to the Nine Mile Drain guts v££ a rlc~r,-l,uildai;le one Kali :acre plat of land from Lot 3, Block 1 and diminishes the value vi: Lot 3. If adjoining n~i[3hhnrs do not purchase the one-half acre Lat, my plans are to sell it with Lot 3, Block 1. Obviously this cannot happen if the public easement is required. Ir) addition, moving the public easement would dramatically raiLect Chs value of the zwo (2) lot,5 adjacent to the public. e~.tsement, and rncans those lots will be di:seounted t;o my financial der.r.im~_rll. SEP 17 '99 12 30 208 336 1020 PAGE.02 ~ ~ September 17, 1999 Page Two The required 20 toot public: easement on the Ridenbaugh Canal would remove one lot Lrom the: subdivision that is valued between $35,000.00 and 540,000.00. Moth easements are or no benerit to the public due to the fact that Nampa/Meridian Irrigation t~istrict will not allow public access to those e~semenrs. Also, the easements arc not needed, due tc the isct there are several points of access to both the Nine Mile D~•air~ and the Rid~nhaugh Canal in the immediate vicinity of Tarawood Subdivision. 1 have enclosed z vicinity Map of Tarawood Subdivision. Please note, (1) is E. Tutee BdLJ Dtive w}iic;h wlll iLJSJ Lhc Ri~li:ribaugh Canal; (2) i5 the Hunter Lateral access which has been covered and could also provide access for everyone i n 'f'arawnnri ~~~h~i i vi si nn; (?) i S a public right-of-way in the Sherbrooke Hollows Subdivision that lies immediately adjacent to 't'ar.awood Subdivision; and, (4) is the crossing of Shorthorn Avenue and the Mine Mile Crain which would provide access to the Nine Mile Drain. The granting of such easements would cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without compensatior, to me. Such requirements are a taking without. just compensation in violation ut t. tie l.aki~~y c;lau5c UI t_1•ic' United SL~3rE?S ConsLituLi.on, t~ifth Amendment, applied to the St~zr.es r.hrough the Fourteenth Amendment of the United States ronstitutiori. I specifically direct your attention to Dolan v. Cit.y ~L TiUa:rd, `~12 ()S 3?4, 129 L Ed 2d 309, 119 S Ct 2309 (1994); Noilan vs. California Costal Commission, 983 US 825, 9? L Ed 2ci 6•~•I, lU7 S Ct 3141 (1987) . Both cases pertain to similar public easement. requirements which were held to be unconstitutivilal. Tn c:l nsi ng, r.hPrP i s 1 i t-t 1 p of any 1 nr~ i - i mate state interest in recuiring me to provide public access tEiat (1) is not needed because of other access; (2) cannot now or ire the immediate future, ever be useC for access; and, (:i) is required without compensation to the owner. Such a taking of my real property without rea~onablc compen:,a~ior~ i:: a derli~l of my Constitutional Rights. I respectfully recluesl the City of Meridian remove the two requirements for public access across lots of the Tarawood Subdivision. SEP 1? '99 12 30 208 336 1020 PAGE.03 ~ ~ September 17, 1999 P~gp Thr.Pe Would you please make this letter part oL the Public Record for hearings before the City Council on September 21, 1999. Si nce.rPly, ~. t'rank w. 5toppello 1!ttorney at I,aw l,ws: jwf Enclosure SEP 17 '99 12 31 208 336 1020 PAGE.04 • ~ ~Ir. COON~r. A. ~ ~ ~ ~, i ~ ~~ ~ 1 R-4 I ~ ~,~ ~, s" ~ t i.•r1 n.•! o~ a •u.r .[t ti 11 } ~j ., ! 11W 30K 0~ ` N ~~a ~..a wa a n4 1''~~ ~, `r v / D NE t o ~N ~ ~. ~o s t ~' ~ ~ d ~ 13 a ~ S 10 ,~ t6 ~y 2 Z 3 ~ S = e 9 13 i to ~~ /, ~~ .._ .._.......-._... / 1 ~b ,. )GK 3 '. ~ c 10 g /` K ~ 6 ~~ E r,vwcoo ar .. e ~ O'~~Q~~ ~ 5 S 7 BL K ~ ! ~ ~'~ tp1Z t Z ~~ 5 6 ~ O~5' ~~~- ~ I ~ ' g~p cT-o•r.~a. QQ O~ . ~~-- F ....------ 4 00~/'~S Tbs... ;F2-4 ;, ~`~- ~~~ •~~ - 3 _.......... ... VICINITY MAP T~~woon svsnrv~sioN PORTION SW 1/4 SECTION 20, T3N. R1E. B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' TOTAL P. 05 SEP 17 '99 12 31 208 336 1020 PAGE. 05 Ma or KUB OF TREASURE VALLEY • y ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Cit Council M b CITY OF MERIDIAN (203) 283.2499 • Fax'_38-2501 y em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 337-2211 • Fax 887-[297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZON[NG KE[TH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT _ (203)334-5533• Faz 387-1297 AEG ~ ; 199 ;:tts; ~:. ~,,~w ~ ~%fice MEMORANDUM: ''<<~ ~ ~'-'~'-~ August 5, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clazk, Assistant Planner~~~ Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS 1. The legal description for annexation and zoning appeazs to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the prepazation of an annexation ordinance. 2. Staffdoesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Tara~wod.AZPP.doc AZ-99.015 end PP-99.012 ,~. Mayor, Council and P&,~ August 5, 1999 Page 2 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the azea being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminazy Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Imgation District Provide a 20 foot wide pedestrian pathway common lot between Lots 7 & 8, Block 3, adjust adjacent lot line to provide the minimum street frontage, and create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots aze to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. AZ-99-015 and PP-99-012 Tarawood.AZPP.dce Mayor, Council and P&,~ . August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. Tarewood.AZ.PP.dac AZ-99-015 end PP-99-012 {-lUl.7-.51' 1777 VJ7 ~ bC t1K 1 UU5 CIVU 11VCCK 11VU + 11Y~.. ~R/GGS rENG/NEER/NG /nc, ENGINEER,g / PLANNERS I SURVEYORS August 34, 1999 City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: Will Berg Bruce Frcekleton Shari Stites Re: '1'arawood Subdivision (Preliminary Plat C'omxzrents) Annexation &Lonin~ General Comments: 1. Accepl:able 2. The applicant agrees Preliminary Pl<<t General Reyuirements: 1GVJOJ~-1JG7JK1 r.VJG • 1800 West Overland Road 6oise, Idaho 83705 - 3142 Voice (208) 34a-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com _~_ _ _ _`. AUG 3 1 1999 1. "The Nine Mile (.)rain and Ridenbaugh Canal are exempt tiom tiling. All internal ditches will be abandoned if they do not service adjacent parcels. 2. No septic or wells exis[ on the properly. 3. The applicant will comply. 4. The preliminary plat will be revised to reflect the street name committee comrncnis. .5. "1'he applicant will comply. G. Tl1c property lies outside any 1loodplain delineated on the FLMA ir-aps. 7. The applicant will comply. Preliminary Plat Site S~ecitic Yteuuirements: 1. The applicant will comply. 2. Thy applicant will comply ;. "f h~ applicant will comply. 4, The applicant agrees. 9905 101CityMer-Itr2 AUG 31 '99 09 14 12083452950 PAGE. 02 HUU-Jl-1777 k97 ~ k9tf 17K 1 Uu5 CIVU 11VCCfC 11VU ~ 11V~, . 1G/JOJ'-~JG7JYJ r . r!J • City cat Meridian August 30, 1999 Page 2 5. The applicant disagrees with the cot-dition requiring a 20' pedestrian pathway leadinb to the Ridenbaugh Canal and a 10 foot separate lot next to Nine Mile llrain. The pedestrian connections arc not necessary connections and make no logical sense with the public street linkages that exist. Nampa-Meridian Irrigation District indicated they will not allow access to their right-of--ways until an agreement between NMiA and the City is completed. 6. The applicant agrees to provide a landscape plan for any caminun areas and fencinb plan. 7. '.['he applicant will comply, Sincerely, BRIGGS FNGINEEIZING, Tnc. Becky i,. Bowcutt i,and Use Planner BLB:jw 9905 l OlCityMcr-Itr~ TOTAL P.03 AUG 31 '99 09 15 12083452950 PAGE.03 SU~IVISION EVALUATION MEET Proposed Development Name TARAWOOD City Meridian Date Reviewed 07/15/99 Preliminary Stage XXX Final Engineer/Developer. Briggs Engr. / Michelangelo Investments, LLC 8~,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 appear on the plat. 'S. GOLD BAR WAY' "S. BAYOU BAR WAY' 'S. LOCUST GROVE ROAD' 'E. VICTORY ROAD' 'TALAWOOD' is similar to the existin4 °TALLWOOD' and cannot be used. Please note that the proposed street is a cul-de -sac and would be a "COURT°. 'SHORTHORN° was reserved 02/15/96 for THE RANCH now known as SHERBROOKE HOLLOWS by vour firm. It was reserved as 'E. SHORTHORN CT.' If you wish to use now it would_be 'S. SHORTHORN AVE." and "S. SHORTHORN PLACE". The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM EE, AGE REPRESENTATNES OR DESIGNEES ~ „ ;' _ Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative Date ~'/ S 'l~ Date ,~ - / ~ - 9 Date rl -- / ~~ 9(~ !~ Date Q - / / NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !1!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS 6,~ ~~{U y//S ~ rR~suss+sM cin.~M • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION, Case No. PP-99-012 RECOMMENDATION TO CITY COUNCIL MICHELANGELO INVESTMENTS LLC, Applicant INTRODUCTION 1. The property is approximately 12.801 acres in size. The property is generally located south of Los Alamitos Parlc Subdivision and north of Sherbrooke Hollows Subdivision in Meridian, Idaho. 2. The owner of record of the subject property is Michelangelo Investments, LLC of 620 W. Hays Street, Boise. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Ada County Rural Transitional (R-T). There is a pending application for annexation and zoning to Low Density Residential (R-4). The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(3). 5. Upon annexation the subject property is within the city limits of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC ~ ~ 6. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family lots for a net density of 2.81 lots per acre. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Ada County Highway District's Recommendations as follows: 1.1 Developer shall extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Bloclc 2, as a 37-foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of--way. Transition of the sidewalk and right-of-way dedication shall be coordinated with District staff. 1.2 Developer shall extend Gold Bar Way into the subdivision between Lot 9, Bloclc 2, and Lot 15, Bloclc 3, as a 7-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of-way. 1.3 Developer shall extend Short Horn Avenue into the subdivision between Lot 8, Bloclc 1, and Lot 1, Bloclc 3, as a 37-foot street section, with 5- RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC • foot wide attached concrete sidewalk in 50-feet of right-of-way. 1.4 Developer shall construct all public roads within the subdivision as 37- foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of--way. 1.5 Developer shall construct an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of4S-feet. Applicant shall submit designs of the turnarounds for review and approval by District staff. 1.6 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1SSS) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 337-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 1.8 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1.9 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Adopt the Central District Health Department's Recommendations as follows: 1.10 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 1.11 Run-off is not to create a mosquito breeding problem. 1.12 Storm~vater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.13 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.14 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.15 Requires all laterals and wasteways be protected. 1.16 All municipal surface drainage shall be retained on site. 1.17 If any surface drainage leaves the site, the Nampa SL Meridian Irrigation District must review drainage plans. Adopt the Meridian Fire Department's Recommendations as follows: 1.18 All street name signs shall be installed before building commences. 1.19 No parking of vehicles or trailers in cul-de-sacs. 1.20 All common areas shall be kept clear of trash and weeds. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC ~ r Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.21 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.22 Fire hydrant placement shall be coordinated with the City of Meridian Public Worlcs Department. 1.23 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.24 Applicant will be responsible to construct the sewer main to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.25 Applicant will be responsible for the construction of the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 1.26 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.27 Provide a 20 foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. This pathway is to be owned and maintained by the Home Owners Association. 1.28 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC • Adopt the recommendations of the Planning and Zoning Commission as follows: 1.29 Applicant shall maintain or deed lot 1 block 1. 1.30 Pedestrian path shall connect E. Talawood St. to the Ridenbaugh Canal. Z:\Worlc\M\Meridian 15360M\Tarawood Subdivision\PPIat.Rec RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place ro Live LEGAL DEPARTMENT , czosl ss-t ~,~~ CITY OF MERIDIAN Coancil titemberc PUBLIC ~YORKS CHARLES ROUNTREE 33 EAST IDAHO T--~,'~ BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 ~ ~~.~ `~ i-'L" ~ I~osl ss~-~~ 1 t RON ANDERSON ~ Phone (208) 888-•h333 • Fax (208) $~3 1~g" PLANNING AND ZONING D RT T KE[TH BIRD ~ ~ EPA MEN i ~~.. ` TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMEN T PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: PP-99-012 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & 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) YOUR CONCISE Mayor ROBERT D. CORRIE o ~n it btemb rs CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT ('_U8)881-1261 PUBLIC WORKS BUILDING DEPARTMENT (208) Ss~-„ I I PLANNING AND ZONING DEP,4RT~IENT (208) 881-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: PP-99-012 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBR001CE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ~WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~" ~~ `"! (,~ - ~ ,2 - ~ C. LC, /L' o .~-...~.. c -n/ X1-12 ~' ~ ~-- ~i~ (J ~l~U~ CnlJJ~'~ ~LLGL ~OGLJ2~G ~JVGCl2UlGt~ ~G~~NCC~ merry K. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Roi,tson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus(a~achd.ada.id.us August 4, 1999 ~~C~~~~ AUG 1 2 1999 TO: Becky Bowcutt Briggs Engineering, Inc. CITY'OF 1~RIDL~'~ 1800 W. Overland Road Boise, ID 83705 FROM: Steve Arnold, Principal Development a st Ada County Highway District SUBJECT: MAZ99-015 Tarawood Subdivision Preliminary Plat Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 28, 1999. The attached staff report lists conditions of approval and street improvement s which are required. If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney Chuck Rinaldi Michelangelo Investments, LLC City Of Meridian AD~,:OLNTY HIGHWAY D~1~RICT Planning and Development Division Development Application Report Preliminary Plat -Tarawood Subdivision/1VIAZ99-01 ~ e/o Locust Grove Road " n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also re~luestin~ annexation to the City of Meridian and a rezone from RT to R-=I. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. T11is development is estimated to generate 320 additional (10 existinv) vehicle trips per day based on the Institute of Transportation En,ineers Trip Generation manual. Roads impacted by this development: Bayou Bar Way Gold Bar Way Short Horn Avenue Locust Grove Road f- ~ -- ~ ~. U O ~~ ! ~~ ~~~. .~ ,.~~; W 'O .~ u W L E s ACHD Commission Date -July 28, 1999 - 7:00 p.m. ~,~ , i 1~ ~ , .,- ~ ~ ~ ~ ~ - , SITE ~.... _ _a _____.~- ,__ "~ /`~ ` j, ~? -., %~ ~~ .,• f,; • ~.. ~' ~~ i ~1R-4 1 m `~ `'~ ~ `~,4 g. ~ 1 e nrE .owE oR -----~~- N ---=~---~--- _ ~--- ~ • I I EOONlo~~p lw. 1 I ' ~~ ~\ .,( W°~ I i ~ i ~ ~ EiHREE 9~RS DR ~ ER~Rty .Et 51 \ ` /~ / / ~ / / .~ ~~ ' %~ `~. ~ ~ ~ .. ._.I :~ S, E THREE 8M5011 g 4 ,, ... _ 9 ~y° 7 `. .ETHREE BMSOR _. .__. ...... ....... _ ~? ~A -~~_.-... _-_~ -___ ._ _~. __ ~!~ p . ~~ S ,l. CJ 9 0 N E T/ 5 - E EASY ~Er sr p '~ ~l~ o, 3 1 LO ~v 1 ~ 12 11 ~" c s 5 6 ~ ~ 13 LOCK 3 '~ 16 4 e9t 2 r 10 a /` , 2 5 ~ ~~ 0 10 9 3 Z 8 9 15 14 6 e. rAUwooo sr. py05 4~~~ z ~ ~ 8 ~; BL CK l ; 4~*~ s ip~s a 1 2 3 I 4 5 6 ~ p~~~~S ~ -S. , , , - , , , , , , , , ~ ~~ ,~~ ,<' ~_ - , ' ~S ' ._ . ... -- - ....... .... .. EDwORSMN(OR - r - , , ~ ~, 'd .~', '. .. ..~ _.. , ___- _ __ ` T R~~ . _ ~-- r ,l r 1 11 .r-- E .. ~ ~~~ . ,;' 1 \`,, -yam .._ __ ____ f g VICINITY MAP TARAWOOD SUBDNISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' ~ ~ ~ ,_~._ ~ i J ~ ~ ~! i J%~ ~ 1 ~ ~ j R ~~"'`~~. A ~E Z~-~-~ , 'i l S* Lij' _ _ - . _ _ . I '1 I .. ' ~ I ~r=~~ ~ ~~~ s i ~~ ~~y I$ t. s b s Ir Y ~~ I l~~ ~~ k -- ---r--~ II I \I ~~ is a. -~ ~..~ ~ .~. err ~ v a ~v: r sir i~+ w.~~0~ ~ e e e ~ e NOISIAI~fl3 Qoo~vsva ~r ~~~ ~~ • N11~ ~ ^ ~ 4 _ ~ ~~ 6 j < G g E ~ ~ ~ ~.~ ~~$gg it ~~ ~E+ ~~~ ~ ~ 9 9 9 a~~ ~ ~ ~~9 ~~ b> Z8•~ ~ E6~7jS R ~~ ~ ~ ~~ ~ g ~a~~ ~;` a3 St~~: ~ ^rrQ~~ s ~ A~ ~ ~ ~~~ p 5~ ~~~ ~: ~o ~~~ ~ r~A4Q~ 7 CCC ~ ~ $ a ~ 3 ~~ ~~ -f c~~ `#~;~~i~~l~i~~l3~5~5s ,ice ~~~~~~~~~~~~r~~j~~~~a a ~~ll ! ~ ~. Facts and Findings: A. General Information Owner -Frank Stoppello -Michelangelo Investments, LLC Applicant -Brigs En;ineerin~ y RT - Existing zonin; R-4 -Requested zoning 12.8 -Acres 32 -Proposed building lots 286 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Bayou B_ ar Wav Local with bike lane designation No traffic count available 57-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot wide sidewalks. Bayou Bar Way stubs into this site at the north property line. Gold Bar Wav Local with bike lane designation No traffc count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Gold Bar Way is improved with a 37-foot street section with curb, gutter and 5-foot wide attached sidewalks. Gold Bar Way stubs into this site at the north property line. Short Horn Aven i Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and 5-foot wide attached sidewalks. Short Horn Avenue stubs into this site at the south property line. TARA WOOD.CNt?~I Passe 2 • I ocust Grove Ro•i i Minor arterial with bike lane desi,nation Traffic count 152 on 2-9-9~ 0-feet of frontage Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. B. On July 19, 199, the Commission reviewed and approved Los Alamitos No. 3, a ~9-lot subdivision to the north of the subject site. As a condition of approval, the applicant of Los Alamitos No. 3 was required to provide two stub streets to the south. Both stub streets, Bayou Bar Way and Gold Bar Way, are constructed to the subject applicant's north property line. C. On May 21, 1997, the Commission reviewed and approved Sherbrooke Hollow, a 139-lot residential subdivision to the south of the subject site. As a condition of approval, the applicant of Sherbrooke Hollow was required to provide one stub street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. D. On June 17, 1993, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. E. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6230 (with file numbers) for details. F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constructed to the applicant's north property line as a 37-foot street section, with 5-foot wide detached concrete sidewalk in 57-feet ofright-of--way. The applicant is proposing to extend Bayou Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. District staff supports this connection. The applicant should coordinate the transition of the sidewalk and right-of--way dedication with District staff. G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 9, Block 2, and Lot 15, Block 3. Gold Bar Way is constricted to the applicant's north property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of-~vay. District staff supports this connection. H. The applicant is proposing to connect with an existing stub street on the south side of the site, Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the connection of this street between Lot 8, Block 1, and Lot 1, Block 3. Short Horn Avenue is constructed to the applicant's south property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend TARA~VOOD.C~~I~I Paee 3 Short Horn Avenue as a 37-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet ofright-ot-way. District staff supports this connection. The applicant should be required to constrict all public roads within the subdivision as 37-foot street sections with curb, `utter, and ~-foot wide concrete sidewalks within ~0-feet of right-of- wav. ` The applicant is proposing to construct t~,vo turnarounds in the subdivision. One is proposed at the north end of Shorthorn Avenue, and the other is proposed at the east end oFTalawood Avenue. The turnarounds should be ACRD approved with a minimum turnip; radius of ~~- feet. Submit a design of the turnaround for review and approval by District staff. K. The applicant is proposin, to construct a knuckle on the south side of Talawood Avenue. The applicant is proposing to construct a traffic island in the knuckle, which should be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Plannin; and Development staff. L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association.. Notes of this should be required on the final plat. NI. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. . The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Extend Bayou Bar Way into the subdivision bettiveen Lot 3, Block 1, and Lot 1, Block 2, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. Coordinate the transition of the sidewalk and right-of-tivay dedication with District staff. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot l~, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in ~0-feet ofright-of--way. =1. Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within ~0-feet ofright-of--way. Constrict an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of =~~-feet. Submit designs of the turnarounds for review and approval by District staff. TAR.A WOOD.C~~it~l Pa~_e =1 • 6. Constrict a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, which shall be a minimum of ~-feet wide with a minimum area of 100-square feet and designed to safely. channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. Submit desi;ns of the knuckle for review and approval by District staff. Any proposed landscape islands,'medians within the public right-of-tivay dedicated by this plat should be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. TheThe reaTiest shall ss e ifically identify each rea~~jremenr to h~ rPrnn~jcierP~i end jnnln~iP ~ wri t n e ~n of why Stich a rP ;t,irPmPnr would result in ~ ~ ~hstnntj~I h~rc~~hin or inea ~it~r The written request hill b e ibmi d to he Dis ric no lat r thin 9•~0 ~ m on the day scheduled for ACHD ('ommissj~n antinn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission resarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of S 110.00. The request for reconsideration shall ~ ~ r lly id n ify each requirement to be reconsidered and include written documen ~ ion of data that was not available to the r'nmm;cc;nn ~t the t;ma of its nri~alnal deCicinn The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPbVC Standards and approved supplements, Constriction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. TARAWOOD.Ci~t~( Page i i ~ 6. Constriction, use and property development shall be in conformance ~.vith all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD.- The applicant shall be required to call DIGLINE (1-800-3-1?-1~8~) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constriction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden sl~ail be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other re;ulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. y Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. July 29, 1999 TARAWOOD.C~i~t Page 6 CENTRAL CE •• DISTRICT HEALTH DEPARTMENT Rezone # AL DISTRICT HEALTH DEPA ENT Environmental Health Division Return to: ' 'onal Use # Prelims/Final /Short Plat ~,~- ~7 S-6/Z ,.- ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz ^ I. We have No Objections to this Proposal. . .. _ ~ J ~..... ,"9 ^ 2. We recommend Denial of this Proposal. r 'T _` __ _'__ ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrienu and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store r3 s 14. ~~f~c't~ .¢r`7"i4~'~_ ~TIJ,,E~'~~/c~~s+-TG~- Date: z_l l ~>~~~~6~Ti1~'/(s~~'/i ~P~y,~ ~c.t~-w~''~~`iv~1' Reviewed By: ~~/~~y'~ CDND 10/91 nb, ~. u9i Review Sheet /~~ CE~T.:~~ 1~•s ~IiT~tCT ~ • ~'~' H EA LT H suety Cc::~, , w 1I<:+.h~t;CrIG ~! '_C!Sc.'C 3J'C-•:~•:`_ i:C~; . _ _a ; -:c ._' ~~:C OEPART,~IEVT • •c ru prCcurr arrd frrat dijerue artd dijrtbtiiry: fu ?+'unurrt Irealaty !i/eS.y(et: and fu p~nfct:: artd prornufc fhC /ttaG/r end ,7rr:a:fp d% ~rr~ unrrurrrnrrr[. STOR~ti(titi':~TER ~I~~;~GEtiIENT RECO~'I1~IENDATIOVS ~Ve recommend that stormwater be pretreated through a grassy swaie prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. ~lariuals that could be used for Guidance are: I) State Of Idaho Catalog Of Stormevater Best ~'ianagement Practices For Idaho Cities end Counties. Prepared by tl`ze Idaho Division Oi Environmental Quality, July 1997. ?) Stormwater Best Njarager~ent Practices Guidebook. Prepared by City Of Boise Public ~~iorks Department, 7anuary 1997. Scoccnwacer /93:dty Seriirt; riclley, Flncore, Boisz, ertd.-~dc Courtces nmore Ccunr/ af3ca `/cllay Ccunty Ct ~Ca .lee/ 3cise Ccurfy Ctfiea xCC~NIC Sct9llite Ottiee °'4 : ,,~~; ~I, . ;~1 N. f;::`?3r i~; ?L .tirr.';:C^C~ pI, IcC6 RCC?r'; -- . ~ ~y^?, ;G 316ai nrc ~t~ ?O. 3CZ fC.:3 tss. iG 8J; :a 3cise. ~G ::T:: u _ _ ~.tCC~tr. IG. 3.C13 -^.•nr;. ;~~r~:~:.~T., RR. -• ~. 7ZT,:~ yj ~h. C.id.: f :6' -,y ~`.ra.a~,: '2T.T•:CC a:C JJ•:•~---- `,vtC.sh;-:.:4 Fes;(. J.J=•21 id ;ccr~l+ttC::c':: 121•T,:,`t; ,vrr: ; turn:~Cn' 13T•T.M Fa;t: _dT-J521 ~:rrC :?T•;,:?? 13 July 1999 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Areo Code 208 Kathy Stroschein Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 `\, ~~+'~' RE: Land Use Change Application - Tarawood Subdivision I Pp-q4-oia Dear Kathy: OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush° to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the. fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the District, conceming the installation of the pressure urban irrigation system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions conceming this matter, please feel free to call on me at the District's office or John P. Anderson at the District's shop. S, i(n~cerely, Donna~N. M re~ ~ ~~J Assistant Secretary/Treasurer cc: File Water Superintendent Michaelangelo Investments, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - a0,000 • • 'ha~r~ & ~t~uac''aac ~l~rgattaoc Di¢~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Serg, City perk City of Meridian 33 East Idaho Meridian, ID 83642 Re: PP-99-012 Preliminary Plat for Tarawood Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses through the east boundary of the project. The right-of-way of the Ridenbaugh Canal is 100 feet, 50 feet from the center each way. The District's Ninemile Drain also courses through this project on part of the south and west boundaries. The right-of--way of the Ninemile Drain is 60 feet, 30 feet from the center each way. See Idaho Code 42-1208-RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Si..cerely, Bilf Benson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 July 13, 1999 ~ • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1988 APPLICANT: MtCHELANGELO INVESTMENTS AGENDA ITEM NUMBER: 20 REQUEST• PRELIMINARY PLAT FOR TARAWOOD SU9DMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED LETTER FROM STOPPELLO SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS Ce,,~,w ~ ~o~, y~i BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shalt become property of the City of Meridian. ~ • rt•irniv~,: w. ~•roi~rr:r.r,c~ n'1°rt~HNkYN Avh l'~~UNN/el•~11<a AT LAW i:'l0 wKH•1• IInYy vTRI•:LT 11UhIC. IllAilll NN7U': M`kANh' W, [i?UI'1'K1.1.1) 'rRr.1;IrII()1V>Z ('LUtl) yys-loco dnx-tvw. rz5rslz Septe[[l~C`L L7, 1 999 ~•n„e,rn~rrr.r, Noel asu luau TRANSMIT"fED VIA FACSIMILE AND SENT BY U.S. MAIL Mayor Robert Corrie Councilman Glenn Bentley C:i~y ut Me.ric~iarl City of. Meridian 33 E. Idaho Street 33 ir'. Idaho Street Meririi.an, Tn A36~12 Meridian, ID 83692 Councilman Ron Anderson City of Mer,idiare 33 E. Idaho Street Mcridi~n, ID 8362 Councilman Keith Bird t;ity of Merldidr~ 33 F;. Idaho Street Meridi~rn, ID 8364 Councilman Charlie Rountree William E'. Gigray City of Meridian Meridian City Attorney 33 E. Idaho Street I'. 0. Box 1150 Mcric~ian, ID 83692 Meridian, ID ©3680 Rte: Tarawnorl Stihdi vi ai nn Dear Mayor and Councilmen: I write as the owner of the proposed Ta.rawood Subdivision which is scheduled for hearinq^ before the Meridian City Council on September 21, 1999 at 7::iU p.rn. The staff has recommended a 10 food. public easement along LaL 3, Bock 1 to the Nine Mile Drain on the western boundary of the Subdivision and, a 2.0 foot public easement between Lots 'I and 8, lil~ck 3 leading to the ltidenbaugh canal on the Pastern bounc~a r y e~t~ t.lw Subclivisi~n. Thr: Meridian Planning & %aning Commission approved the Subdi.visiori subject to some puhl i~- .It~r.n5, nn any ~~f t hn 1ntS that bord~:t the Ridenbaugh Cana. Tarawood is a small 32 tor., Lill-in subdivision. The requirement of a 10 toot public easement to the Nine Mile Drain outs v££ a rl~ri-l,uil~iable one Kali acre plat of land from Lot 3, Block 1 and diminishes the value vJ. Lot 3. If adjoining n~ighhorP da not purchase the orie-hall acre l.ot, my plans are to sell it with Lot 3, Block 1. Obviously this cannot happen if the public easement is required. Ir- addition, moving the public easement would dramatically allect the value of the two (2) lot,5 adjacent to the public easement, and means those lots will be dise~unted t;o my financial detrim~~nl. SEP 17 '99 12 30 208 33b 2@20 PAGE.02 ~ ~ September 17, 1999 Page Two The required 20 toot public: easement on the Ridenbaugh Canal would remove one lot from the subdivision that is valued between 535,000.00 and 540,000.00. Both easements are or no benetit to the public due to the fact' that Nampa/Meridian Trrigati~n District will not allow public access to thane easempnr.s. Also, the easements arc not needed, due to the tact there are several points of access to both the Nine Mile Drain ar~d the Ridanhaugh Canal in the immediate vicinity of Tarawood Subdivision. 1 have enclosed a vicinity Map of Tarawood Subdivision. Please note, (1) is E. Tutee Bats Dtive whiLt~ will it~55 l.hc Ricli:i~bauyh Canal; (2) is the Hunter Lateral access which has been covered and could also provide access for PvPryanP i n `I'arawnnri Si[hrii vi si nn; (? ) i s a public right-of-way in the Sherbrooke Hollows Subdivision that lies immediately adjacent to 'I'ar,awood Subdivision; and, (9) is the crossing of Shorthorn Avenue and the Nine Mile Drain which would provide access to the Nine Mile Drain. The granting ~f such easements would cost me loss of the value of those lots or, an actl~al loss an expensive lot for no justifiable reasor[, and without compensation to me. Such requirements are a taking without just compensation i,n violation ut l.l[e l.akiny c;lausc: of t. tic' United Stares ConsLiLULi.on, r~ifth Amendment, applied t.o the States r.hrough r.he Fourteenth Amendment of the United States Constitution. I specific:ally direct your attention to Dolan v. City ~L Tigard, 512 ()S 3?4, 129 L Ed 2d 309, 119 S Ct 2309 (1999): No11an vs. California Costal Commission, 983 US 825, 9? L Ed 2d 6'~'/, lU7 S Ct 3141 (1987) . Both cases pertain to similar puk~lie easement. requirements which were held to be unconstitutivn~al. Tn r.l nsi ng, t,hPrP i s 1 i tt 1 P of any 1 r'r~ i I i ma. to state interest in reo•uiring me to provide public access t:!•iat (1) is not needed because of other access; (2) cannot now or ir, the immediate future, ever be usea for access; and, (:j) is required without compensation to the owner. Such a takiriy of my real property without rea3onable eompen.~al.iori i:; a denial of my Constitutional Rights. I respectfully request. t.hc City of Meridian remove the two requirements for pt~b]ic access across lots of the Tarawood Subdivision. SEP 17 '99 12 30 208 336 1020 PAGE.03 ~ ~ September 17, 1999 P~c3p Three Would you please make this letter part of the Public Record for hearings before tY~e City Council on September 21, 1999. Sincerely, ~. e'rank w. 5toppello 1lttorney at I,aw FWS: jwf Enclosure SEP 17 '99 12 31 208 336 1020 PAGE.04 ~ ~ ~ L. /y 1/ COON/. !'~ i ~ \ i ~ 1 `. ,1 } 1 .` 1 .._. erwm.ew N c rya w• a ~~ ~'~ /~ ~~ .. ~ $ ~ ~` ~ ~~ D N 7/ S ~tZN•.ar l7 - • ~ o .N ~ R ~e: s ~ ~' » 12 ~ ~ ~. 6 ~ 13 LOCK 3 `'~' ~ ~ s ~ ~ to ,~ t6 ~; . Z 3~}~ z ~ ~= 8 9 t3 is 1G 9 6~~~E ~ E T+u~woop st 9 j. C1~~9~~ I . 4~ ~ SY 6 ~ t z ~ 4 s g ~ ~ , DU~'~ pN~gtp~ gtS~; C -... .,... T,4` `1. `. - ` - .. .. .. ~' ~ ~ '1 'i ~ ., .. ....y.... ... ~~~ ~• ~ .... y..... ~.... a • a ~_.......... ... VICINITY MAP T,A-,RARTQQD SUSDIVISIaN PORTION SW 1/4 SECTION 20, T3N. R1E. B.M. ADA COUNTY, IDAHO SCALE: 1" ~ 300' TOTAL P.05 SEP 17 '99 12 31 208 336 1020 PAGE.05 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (203) 238-2499 • Fax 288-2501 CITE OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 8x7-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 384-5533 • Faz 887-1297 ~~~'~~~~ Aus o ~ ~9~ • ~' i t ~ L' ~ r:; ., ~~ i c F MEMORANDUM: August 5, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clazk, Assistant Planner~~~ Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS 1. The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the prepazation of an annexation ordinance. 2. Staff doesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL REQUIREMENTS Any existing irrigationldrainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Ta~awood.AZPP.doc AZ-99-015 and PP-99-012 Mayor, Council and P&Z~ August 5, 1999 Page 2 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the azea being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled heazing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminazy Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District 5. Provide a 20 foot wide pedestrian pathway common lot between Lots 7 & 8, Block 3, adjust adjacent lot line to provide the minimum street frontage, and create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Ta~awood.AZPP.doc AZ99-01 S and PP-99-012 Mayor, Council and P&~ August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common azea lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. Tarawvod.AZ.PP.doc AZ-99-015 end PP-99-012 AUG-31-1999 09 08 BRIGGS ENGINEERING, INC. August 30, 1999 12083452950 P.02 r" A AUG 3 1 1999 City of Meridian 33 F.,ast Idaho Meridian, Idaho 83642 Attn: Will Berk Liruce Freckletan Shari Stiles Re: 'I'arawood Subdivision (Preliminary Plat (;omnnents) Annexation ~LoningGeneral Comments: 1. Acceptable 2. The applicant agrees Preliminary Plait Geineral Rrc~uirements: ~~~i ~,3n We `,<I~11~11~~ f 1. "I'he Nine Mile 1~rain and Ridenbaugh Canal are exempt ti-om tiling. All internal ditches will be abandoned if they do not service adjacent parcels. 2. No septic or wells exist on the property. 3. The applicant will comply. 4. The preliminary plat will be revised to reflect the street name committee catnmcn[s. .5. The applicant will comply. 6. Tl1c property lies outside any tloodplain detincated on the; FIsMA maps. 7. The applicant will comply. Preliminary Plat Site Specific Yteuuirements: 1. The applicant will comply. 2. The applicant will comply ;. The; applicant will comply. 4, The applicant agrees. 9905 t 0\CilyMer-Itr2 AUG 31 '99 09 14 12083452950 PAGE.02 ~ICsINF.ERS /PLANNERS /SURVEYORS 6oise, Idaho 83705 - 3142 Voice (208) 3a4-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com RUG-31-1999 0908 BRIGGS ENGINEERING INC. 12083452950 P.0 (:ity cif Meridian August 30, 1999 Page 2 5. The applicant disagrees with the condition requiring a 20' pedestrian pathway leadinb to the Ridenbaugh Canal and a l0 foot separate iot next to Nine Mile Urain. The pedestrian connections arc not necessary connections and make no logical sense with the public street linkages that exist. Nampa-Meridian Irritiation District indicated thcy will not allow access to their right-of--ways until an agreement between NMiD and the City is completed. 6. The applicant agrees to provide a landscape plan for any cc~ir-mun azeas and fencinb plan. 7. The applicant will comply. Sincerely, BRIGGS ENGINELKING, inc. Becky I,_ Bowcutt band Use planner BLB:jw 990510\CiryMcr-Ilr2 TOTAL P.03 AUG 31 '99 09 15 12083452950 PAGE.03 SU~V ! N EVALUATION ~EET IS O Proposed Development Name TARAWOOD City Meridian ~ Date Reviewed 07!15/99 Preliminary Stage XXX Final Engineer/Developer Briggs Engr / Michelangelo Investments LLC ~'~,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 appear on the plat. "S. GOLD BAR WAY" "S. BAYOU BAR WAY" "S. LOCUST GROVE ROAD" "E. VICTORY ROAD" "TALAWOOD" is similar to the existing "TALLWOOD" and cannot be used. Please note that. the aronosed street is a cul-de -sac and would be a "COURT". "SHORTHORN" was reserved 02/15/96 for THE RANCH now known as SHERBROOKE HOLLOWS by vour firm tt was reserved as "E SHORTHORN CT." Ifyouu wish to use now it would be "S. SHORTHORN AVE." and "S. SHORTHORN PLACE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM EE, AGE EPRESENTATNES OR DESIGNEES ~ ~ ~ ~ Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Representative ~ Date rl - / ~~ 9 ~ Representative Date Q - / / Date ~'/ S 'l~ Date ~ - / ~ - 9 of NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Ill! Sub Index ~ Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS 6~~-`=~~ 7~~~`l~ r~suss~sM arv.~M 7 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION, Case No. PP-99-012 RECOMMENDATION TO CITY COUNCIL MICHELANGELO INVESTMENTS LLC, Applicant INTRODUCTION 1. The property is approximately 12.801 acres in size. The property is generally located south of Los Alamitos Park Subdivision and north of Sherbrooke Hollows Subdivision in Meridian, Idaho. 2. The owner of record of the subject property is Michelangelo Investments, LLC of 620 W. Hays Street, Boise. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Ada County Rural Transitional (R-T). There is a pending application for annexation and zoning to Low Density Residential (R-4). The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(3). 5. Upon annexation the subject property is within the city limits of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC i ~ 6. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family lots for a net density of 2.81 lots per acre. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Ada County Highway District's Recommendations as follows: 1.1 Developer shall extend Bayou Bar Way into the subdivision between Lot 3, Block I, and Lot 1, Bloclc 2, as a 37-foot street section, with 5- foot wide attached concrete sidewalk in 50-feet of right-of-way. Transition of the sidewalk and right-of-way dedication shall be coordinated with District staff. I.2 Developer shall extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 15, Block 3, as a 7-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of-way. 1.3 Developer shall extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5- RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC foot wide attached concrete sidewalk in 50-feet of right-of--way. 1.4 Developer shall construct all public roads within the subdivision as 37- foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 1.5 Developer shall construct an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of4S-feet. Applicant shall submit designs of the turnarounds for review and approval by District staff. I.6 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1SSS) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 337-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 1.8 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1.9 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Adopt the Central District Health Department's Recommendations as follows: 1.10 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.11 Run-off is not to create a mosquito breeding problem. I . I2 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.13 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.14 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.15 Requires all laterals and wasteways be protected. 1.16 All municipal surface drainage shall be retained on site. 1.17 If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. Adopt the Meridian Fire Department's Recommendations as follows: 1.18 All street name signs shall be installed before building commences. 1.19 No parking of vehicles or trailers in cul-de-sacs. 1.20 All common areas shall be kept clear of trash and weeds. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.21 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.22 Fire hydrant placement shall be coordinated with the City of Meridian Public Works Department. 1.23 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.24 Applicant will be responsible to construct the sewer main to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.25 Applicant will be responsible for the construction of the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 1.26 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.27 Provide a 20 foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. This pathway is to be owned and maintained by the Home Owners Association. 1.28 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Adopt the recommendations of the Planning and Zoning Commission as follows: 1.29 Applicant shall maintain or deed lot 1 block 1. 1.30 Pedestrian path shall connect E. Talawood St. to the Ridenbaugh Canal. Z:\Wor]<\M\lvferidian 15360M\Tarawood SubdivisionU'P1at.Rec RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC HUB OF TREASURE VALLEY . Mayor LEGAL DEPARTMENT ROBERT D. CORR~ A Good Place to Live (_08) 884-4264 CITY OF MERIDIAN Council Memberg PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO -.~ BUILDING DEPARTMENT ~ ~ L (2os> 8s~-22 t t GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ (r 1'~> RON ANDERSON Phone (208) 888-4433 • Fax (208) 4'~.1~3 ~ ~~ ~ ~ PLANNING AND ZONING KEITH BIRD ~ ~' '~ ~ ~ ~ DEPARTMENT ! . ,,,r J~ .,_ (208) 884-5533 t, TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: PP-99-012 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE D~,PA~T~IIENT , , POL'(CE d l~t't~Af"iVT ` 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 1~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 53642 (~08) 887 ~~ I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: Juiy 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: PP-99-012 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTi1t~ENT RE~~'A~ttt+'A~Tl~' ~~LIt/E DEPARTMENT 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) YOUR CONCISE REMARKS: ~" O`© `~ CITY ATTORNEY ~fr~e ~ ~ /r~ r~~~ ~G ~ ti~~ ~° I~3 P CITY ENGINEER CITY PLANNER .v s ~- `C~ ~ u,l ;..-~ is -~' •~•- ~. D ~Rr 1~~~ ~~~ f1 iG ~'~ J D r / `''w i L corS' ..G i(/ ~~-r-s ~ ~ -v ~ l~ ~. ~ ~9s GV~~ G1Rs~^ Q ~du cou~t~~~~~wu~ ~~~t~~~t Sherry R. Huber, President 31.8 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus(a~achd.ada.id.us August 4, 1999 TO: Becky Bowcutt Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 FROM: Steve Arnold, Principal Development a st Ada County Highway District SUBJECT: MAZ99-015 Tarawood Subdivision Preliminary Plat REcE~'~~ AUG) 2 )999 OF MERIDIA~1 Your application for the above referenced project was acted on by the- Commissioners of the Ada County Highway District on July 28, 1999. The attached staff report lists conditions of approval and street improvement s which are required. If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney Chuck Rinaldi Michelangelo Investments, LLC City Of Meridian ADA~OUNTY HIGHWAY DIS~RICT Planning and Development Division Development Application Report Preliminary Plat - Tara~vood Subdivision/MAZ99-Ol S e/o Locust Grove Road n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This development is estimated to generate 320 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Bayou Bar Way Gold Bar Way Short Horn Avenue Locust Grove Road ACHD Commission Date -July 28, 1999 - 7:00 p.m. =i'" `~~~ i i ~ 1 ~~i W ~'__ ~`-1 t ,.----~t~t---~~ ,ter.----* /~ ~ '\ . SITE , f; i i ~ ~~ ~~ T , 1 EDORERM / ~~ ~/ \` `\ t ~ ° 0 R-4 ~' ~~ y EiNq EE RARS DR `~ EpMiv ,iET ST ~( j \ \ '\ / / ~11A ~a ~~, _ _ _....__ 1~. i '~~ '~' ErwaEE BAR$OR d L ~G, ', '~ ..p _.... .- ._- _. _...._......_ _.._. _._.... ~ - ~~O '~4 ETNREE &WSOR __ 4- '~ E i1ME ZONE OR __--_ _ ' ~ LA _ i 5 i 1` D ~/F ~ T/ 11 .~' N 1 ~ - EE.~Sr -Ei Si . O 7 /0 m;, o. 3 1 O w 17 12 11 ~° 6 7 13 LOCK 3 '- ' 4 se 5 1 ~ ~ 16 ~, 9~ 2 ~ o 2 5 ~dqp 3 ~ z 8 9 0 15 14 10 9 6 ~9~ ~ E. TAlAW000 ST. 8 Q"" ~~a~~` z SQTR - 4g, .S4 g ~ 8 ~; BL K 6 7 !~ o~sp~~$Lp'i~ a 1 2 3 4 5 Vx9, -~ ' -S. , _ , ~_ . , , __ ~ ~~ .• - _ .. ----~ ~_ _ s~ ----- ~ ~ - .... --- ----,a -- .... _.._. EDWORSNN(OR , i ---_-_ ._. __.. ._._ ..__. ~ ~0~~ ---,-----,---4RQ-~¢, ca----'R-4 ', ~ ~ ~~ '~, 5 -~ ,, , . T M , , , ' ~ ~ , , , r ~ 1 ' , , ~ '1 ~•`~ 1 ti . ..._ E CREgt G9..---- __________________ ~. T - \'. RRol . _.. ~_. , .: , _ -. , . , -._ , - '~~~ f---- ---- . `v' __._ .___ ``~, ` ~' ~i' -'1 ____ -'-_ r'"-_ r, < ' , i , VICINITY MAP TAR.AWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' ~ -~ airo~o s rva%~ -- ~~„r r w• ~ ~ aww w~w a ~wr sw rsrr MMJrYW• ~ • ~ ~ ~ NoL'I[AtQHlls ~. erswo ss..i. QOOILYSI-Z A F ~_.._,~.~e~ s . J ~ e~ j O G 9 ~ ~ ~~~ ~' Ci ~~~ ~~ Fo ~a~ c ~5~5 4 ~ g ~ ~ dd ~ a> ~ ~ ~ ~ ~~~~ ~~ ~ ~ ~~ ~ ~~C ~~ ~3 $~~a ~ srra A ~~ ~~ j ~~ • r ~ ~~N ~~~~~~~#~~f~~~~33.~g~~5 ,ice ~s c13 - :~-~.. n~ I ~ ~~ i ~z i ~~~ ~$ ~ i ~~y ~~ I$ b I5 ~ u .s I~ ' ~•= ~$ ~~ 3 •. ~~~ ~: .~ Facts and Findings: A. General Information Owner -Frank Stoppe[Io -Michelangelo Investments, LLC Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning i 2.8 -Acres 32 -Proposed building lots 286 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Bayou Bar Local with bike lane designation No traffic count available 57-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot wide sidewalks. Bayou Bar Way stubs into this site at the north property line. Gold Bar Wav Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Gold Bar Way is improved with a 37-foot street section with curb, gutter and 5-foot wide attached sidewalks. Gold Bar Way stubs into this site at the north property line. Short Horn Avenue Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and 5-foot wide attached sidewalks. Short Horn Avenue stubs into this site at the south property line. TARAWOOD.CMM Pa~~e 2 Locust Grove Road Minor arterial with bike lane designation Traffic count 152 on 2-9-9~ 0-feet of frontage Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. B. On July 19, 199, the Commission reviewed and approved Los Alamitos No. 3, a 59-lot subdivision to the north of the subject site. As a condition of approval, the applicant of Los Alamitos No. 3 was required to provide two stub streets to the south. Both stub streets, Bayou Bar Way and Gold Bar Way, are constructed to the subject applicant's north property line. C. On May 21, 1997, the Commission reviewed and approved Sherbrooke Hollow, a 139-lot residential subdivision to the south of the subject site. As a condition of approval, the applicant of Sherbrooke Hollow was required to provide one stub street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. D. On June 17, 1998, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. E. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constructed to the applicant's north property line as a 37-foot street section, with 5-foot wide detached concrete sidewalk in 57-feet ofright-of--way. The applicant is proposing to extend Bayou Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. District staff supports this connection. The applicant should coordinate the transition of the sidewalk and right-of--way dedication with District staff. G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 9, Block 2, and Lot 15, Block 3. Gold Bar Way is constnicted to the applicant's north property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. District staff supports this connection. H. The applicant is proposing to connect with an existing stub street on the south side of the site, Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the connection of this street between Lot 8, Block 1, and Lot 1, Block 3. Short Horn Avenue is constructed to the applicant's south property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of-~vay. The applicant is proposing to extend TARAWOOD.Ci~t~t Page 3 • Short Horn Avenge as a 37-foot street section, with 5-foot wide attached concrete sidewalk in ~0-feet of right-of--way. District staff supports this connection. I. The applicant should be required to constrict all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- way. v The applicant is proposing to construct two turnarounds in the subdivision. One is proposed at the north end of Shorthorn Avenue, and the other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turning radius of 45- feet. Submit a design of the turnaround for revietiv and approval by District staff. K. The applicant is proposing to construct a knuckle on the south side of Talawood Avenue. The applicant is proposing to construct a traffic island in the knuckle, ~.vhich should be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association.. Notes of this should be required on the fnal plat. M. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: Extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. Coordinate the transition of the sidewalk and right-of--way dedication with District staff. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot l~, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. 4. Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot tivide concrete sidewalks within 50-feet ofright-of--way. 5. Constn~ct an ACRD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue; with a minimum turning radius of 45-feet. Submit designs of the turnarounds for review and approval by District staff. TARAWOOD.CYIi~I Page 4 • •, 6. Constrict a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, which shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely. channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. Submit designs of the knuckle for review and approval by District staff. 7. Any proposed landscape islands medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The rearrest shall specifically iden i y each requirement to be reconsidered and include a written exnlanation of why such a requirement would result in a sub tantial hardshin oror ineni~i y The written r~uest shall be submitted to the District no [at r than 9.00 a m on the damscheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by The Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The re nest for reconsideration shall specificall, identi y each re~liirement to be reconsidered and include written documentation of data that was not available to the ommis ion ~ the time of its original decision The request for reconsideration will be heard by the District Commission of the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. TARAWOOD.CNIYf Pale ~ LJ 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-34?-1585) at least two full business days prior to breaking ground within ACHD right-oF way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of constriction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Hightivay District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. TARAWOOD.CMM Page 6 CENTRAL C ~• DISTRICT 'il'rHEALTH DEPARTMENT Rezone # Use # DISTRICT HEALTH DEPARTFIENT Environmental Health Division Preliminary /Final /Short Plat ~~l~- cl S--G/Z /,~.~..Jooo Su 6 ct~'d/sc'c./ Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz ^ I. ^ 2. ^ 3. ^ 4. ^ 5. ^ 6. ^ 7. We have No Objections to this Proposal. We recommend Denial of this Proposal. .l U L 1 6 1999 Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water 9. 10. ^ I I. ^ 12. ^ 13 14. 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 Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store q, ~`5'~~ ~-~'~",9C~ .~ ~S`TD~skc~s~-y'~3~t-- Dater/l-? ls/ ~'L1~,2,~62~~Tiy~~ ~gCO ,s~utc~-h.~~~s~~-J' Reviewed By: ~~~/~l' Review Sheet LDHD 10/9I rcb, rev. 7197 ~i-Y-~ C E ~~ T A. a l .•1~y p1jTFICT 'HEALTH OEPART•~IENT ~ ~ .til,ilN CF= C. 'Ci w. iG^.IS~GCNG c'_. 9C!Sc. ~Q dJ••C1•:a:~ • i.C9; ~•~;I ~ . =x _.' ~~;:G rd 17fCI~CIt( ¢rttl frCU! IIi.IC¢SC /1R(~ diill171IiN; !U ~fOftIUlC /tC¢illtV IifCStVICl'; ur(!~ (U ~r0lCC! ¢lt/l PrU/RUlC f/IC /IC¢i!/t 6llt~ •i((CIlN Uf Uftf C/fVtfU/U/ICJtl. STOR~Iti~':~TER ~I~.N~~.GEI~IENT RECO~~I~IENDATIOvS ~Ve recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and desi;n a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of stormwater Best ylanagement Practices For Idaho Cities end Counties. Prepared by tr'ae Idaho Division Of Environmental Quality, July 1997. ?) stormwater Best tilanagenient Practices Guidebook. Prepared by Ciry Of Boise Public Works Department, January 1997. S l:0 Ccit waCZC /93:dIy Seriirt; Vai(ey, EIrTlore, Boise, and .-lda Counties nmore County Ot;tce `/Giay Caunr/ ~t9ca ACC / 90it9 County Ctt'ice xCc•WIC SctAltit9 CfttCa ~ ~: ' :fn 7..??. i I. i~J N, f is 1'a4! i i i `I. ,~lr..sC^C~ ?I. I cC6 RCC?ri 3 ~ V,;.V C Cae V,cunfC:n r`Cr•B.:e BSCdi ' Z 0. Cx 1 C 3'b_3 ~ICr~CtG ?cna. tG BJi:a .7$T•i d%9 ;-~gCtrn: .rn,~r; . ""J• Pn. 7J~J': Cn`/irC. ~13ctrn: ;iii •.Z_i rnlir''sCt :-::ai.`Gi F . ~.; 14~t Win. tJ . -;,y 9~Cnn.nC: ~?i •TaCC =" PAX JJ•i•J:~:=? . WIC: ~h i .3Cf'0. P~;;C. 5Je•21 iQ trrr~l+`[.c:cnt: 1ZT•T~,' 5?rr•: ~ tumnCn: J?7•T,lM . ® ~p;t; .~7•J521 vnC 1?T•it~? ..:.( ::; .ate^. ~ ~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 -: 13 JUIy 1999 OFFICE: Nampo 466-7861 SHOP: Nampa 466-0663 Kathy Stroschein CQp~ Briggs Engineering, lnc. 1800 W. Overland Road Boise, ID 83705 RE: Land Use Change Application - Tarawood Subdivision i Pp-q4-oia Dear Kathy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the .fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the District, conceming the installation of the pressure urban irrigation system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions conceming this matter, please feel free to call on me at the District's office or John P. Anderson at the District's shop. S,(in~cerel~y~- ~ ' ~J Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Michaelangelo Investments, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - a0.000 ~ s J U L 1 6 1999 ~~ %~~~~ ~t ~~ . ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83b51-4395 FAX # 208-463-0092 Will Berg, City Gerk City of Meridian 33 East Idaho Meridian, ID 83642. Re: PP•99-012 Preliminary Plat for Tarawood Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses through the east boundary of the project. The right-of--way of the Ridenbaugh Canal is 100 feet, 50 feet from the center each way. The District's Ninemile Drain also courses through this project on part of the south and west boundaries. The right-olf way of the Ninemile Drain is 60 feet, 30 feet from the center each way. See Idaho Code 42-1208-RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/S'ite Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to ali developments within the Nampa & Meridian Irrigation District. Si..cerely, /~~~~ ~~- BilTl~enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 July 13, 1999 r ~ r MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: MICHELANGELO INVESTMENTS. LLC ITEM NUMBER: 9 REQUEST: PRELIMINARY PLAT FOR TARAWOOD SUBDNISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ ~ ~~ .~~~"~ ,.,,~oJ~ Gz~f' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • DRAFT MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR TARAWOOD SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TARAWOOD SUBDIVISION is made effective as of the day of , 1999, by MICHELANGELO INVESTMENTS, L. L. C. a Limited Liability Company ("Grantor" and "Class B Member"). 990510\cc&r cover r • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THOUSAND SPRINGS SUBDIVISION THIS DECLARATION is made as of the day of 1998, by FARWEST, L.L.C., hereinafter referred to as "Declarant." A. Declarant Farwest Developers, L.L.C. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: All of the land within the boundaries of Thousand Springs Subdivision No. 1 according to the plat thereof, recorded in Book of Plats at pages ,Records of Ada County, State of Idaho. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee. 1.2 "Annexed Property" shall mean and refer to any real property made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 • 1.3 "Association" shall mean and refer to Thousand Springs Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.4 "Bui/ding" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.5 "Common Area" shall mean and refer to Lot 1, Block 3; Lot 1, Block 4; Lot 2, Block 4; Lot 3, Block 4; Lot 12, Block 4; Lot 16, Block 4; Lot 24, Block 4; Lot 34, Block 4; Lot 1, Block 1; Lot 7, Block 1; Lot 1, Block 2; Lot 1, Block 5; Lot 12, Block 7; and Lot 33, Block 4 of Thousand Springs Subdivision No. 1, and to any lot or parcel designated as Common Area in the final plat of the subdivision or in a Supplemental Declaration subjecting additional real property to this Declaration. Lot 12, Block 4, is a Common Area Lot that shall be used primarily for retention pond/drainage basins, which Lot together with any other Lots so designated in a Supplemental Declaration shall be referred to as "Drainage Lots." 1.6 "Common Facilities"shall mean and refer to those physical improvements constructed by Declarant upon Common Area or upon the utility easement over each Lot including, without limitation, benches, bridges, walkways and pedestrian paths, drainage facilities, streams, waterfalls and waterways and specifically including the wrought iron fence that borders the Ridenbaugh Canal. Common facilities shall not include the pressurized irrigation system unless and until it is conveyed to the Association; it being the specific intent of the Declarant that the pressurized irrigation system shall be installed by the Declarant and shall be conveyed to the Nampa and Meridian Irrigation District, together with an easement over each Lot and Common Area for the installation, operation and maintenance of the system by the District. 1.7 "Declaration" shall mean this Declaration. 1.8 "Dwe/ling Unit" shall mean that portion or part of any structure intended to be occupied as asingle-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 ~ ~ 1.11 "Lot(s1" shall mean and refer to the plots or tracts of land comprising the Property, designated by lot numbers on the plat, or any resubdivision thereby except the Common Area. 1.12 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.13 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.14 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.15 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.16 "P/at" shall mean and refer to that certain plat of Thousand Springs Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.17 "Property" shall mean the property defined as Subject Property in the recitals above, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for annexation of additional parcels of real property. ARTICLE 2: HOMEOWNERS ASSOCIATION 2.1 Formation. It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By- laws for its governance. To the extent the Articles of Incorporation or By-Laws of the Association by conflict with the provisions of this Declaration, the provisions of this Declaration shall control. 2.2 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. if there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 • • 2.3 Classes of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and By- Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B member). After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one vote for each Lot owned. If there are multiple Owners of a Lot, the Owners shall designate the individual entitled to exercise the voting privileges of membership and in no event shall more than one vote be cast with respect to any Lot. (b) The sole Class 6 member shall be the Declarant, or the Declarant's successor or assignor. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each Lot owned) when the Declarant owns ten percent (10%) or less of all of the Lots which are part of the Property or any Additional Property annexed or to be annexed under Article 4. Until that time, all Association matters shall be governed by the Class B member. ARTICLE 3: RIGHTS RESERVED BY DECLARANT 3.1 Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: (a) Itself, its successors and representatives, contractors and their subcontractors easements and rights-of-way on, over and across all or any part of the streets for vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and representatives, contractors and their subcontractors (including any district, company, unit of local government, Association or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements on, over and under all Lots and Common Area as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water wells, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and (c) Itself, its agents and successors, all water and water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 ~ ~ irrigation system will be conveyed to and operated by the Association or the Nampa- Meridian Irrigation District. Groundwater appropriated for the domestic water system will be owned by the City of Meridian. ARTICLE 4: JVIAINTENANCE. 4.1 j~esoonsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and easements therefore. Such Common Area and Common Facilities shall be maintained in a neat, landscaped and attractive manner. Common Area and Common Facilities shall also include any real or personal property as may be conveyed to the Association from time to time by Declarant, or designated by Declarant as Common Area in any Supplemental Declaration. 4.2 Private Property. The Association shall also be responsible for the maintenance of any perimeter fencing of the property including the back Lot wrought iron fencing of those Lots that are contiguous to the Ridenbaugh Canal or other established irrigation and/or drainage ditches; and the bank of Ridenbaugh Canal outside of the fence. The Association shall be responsible for landscaping Lot 2, Block 4, which lot is intended to be developed by the City of Meridian as a city water well, and Lot 1, Block 4 until such time as the City of Meridian has developed said Lot 1 as a fire station. 4.3 Sidewalk Median Strin. The subdivision has been designed with sidewalks set back from the street curbs by a landscaping median approximately four feet in width. Although the front lot lines are approximately two feet into the sidewalk, maintenance and landscaping of the median strip in front of each owner's lot shall be the responsibility of the lot owner. Although the Association shall not be responsible for maintaining the median strip, it shall have the authority to do so in the event a lot owner(s) fails to do so. Should it be necessary for the Association to maintain or landscape any portion of the median strip, the Association shall levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(dl. 4.4 Management. The Association may employ the services of a manager and other personnel to carry out the management of the Association's maintenance responsibilities. 4.5 Heavy Maintenance of Drainaoe Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out the piping and mucking out the Drainage Lots when the sediment level DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 exceeds the designated storage level. All other maintenance shall be referred to herein as "light maintenance." Ada County Highway District (ACRD) has opted to perform this heavy maintenance and shall be allowed, by the Homeowners Association, to perform this maintenance work. In the event ACRD shall decide not to do such "heavy maintenance" then the Association shall do it. 4.6 Fa~pment to ACRD for Heavv Maintenance. Each drainage lot shall have an access road along one side of it to support a HS-20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and be at least twelve (121 feet wide. ACRD is hereby granted an easement along one side of each drainage lot for the purpose of access to perform this heavy maintenance. An easement is granted across each entire drainage fot as needed for maintenance of the retention ponds by ACRD, and no landscaping or other obstruction shall be placed on the Drainage Lots in a manner that would interfere with the heavy maintenance. In the event that it is necessary to replace any improvements to the Drainage Lots such as fences, trees and/or sod, the removal of which has been necessary to perform maintenance, such replacement shall be the responsibility of the Homeowners Association. 4.7 Light Maintenance of Drainage Lots. The Association shall perform all "light maintenance" of the Drainage Lots pursuant to that certain Manuai for Light Maintenance, the original of which shall be kept on file with the Homeowners Association with copies made available to any interested party upon request. Said Manua/ for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHTS 5.1 Owners' Rights of Enjoyment. Every Owner shall have a right in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulation covering the use and access to such areas and facilities as may be adopted by the Association. 5.2 Dedication. The Association shall have the right to dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by two-thirds of the members of the Association. 5.3 Improvements. The Association shall have the right, in accordance with its Articles and Bylaws, to borrow money for the purpose of maintaining and improving the Common Area and Common Facilities and in support thereof to mortgage said DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 ~ • property, provided the rights of such mortgagee shall at all times be subordinate to the rights of the Owners under this declaration. ARTICLE 6: ASSESSMENTS 6.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, byacceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a) To the Association, regular annual or other regular periodic assessments or charges ("Regular Assessments"); (b1 To the Association, Special Assessments for capital improvements, such Special Assessments to be fixed, established and collected from time to time as hereinafter provided; (c) To the Association and/or the Nampa Meridian Irrigation District, Irrigation Assessments. It is contemplated that the Nampa and Meridian Irrigation District shall provide pressurized irrigation water services to all lots. In addition to any assessments made by the Nampa and Meridian Irrigation District for irrigation water, Owners shall be required to pay an additional assessment to the Association, or in the event the pressurized irrigation system is conveyed to Nampa and Meridian Irrigation District, then to the District, an additional assessment under Idaho Code §43-330(f) for the operation, maintenance and repair of the pressurized irrigation water system. Each Owner is prohibited from making any cross-connection or tie-in between the irrigation water system and the domestic water system. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE RESPONSIBLE TO INSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES; and (d) In addition to the Regular and Special Assessments, the Association shall have the power to levy a Limited Assessment against Owners and Lots for maintenance and repair of any Lot or any improvement on a Lot, if such maintenance and repair is necessary to preserve the quality of the Subdivision; and/or to correct a violation of the Declaration or any amendment thereto or the ACC Rules. No such Limited Assessment shall be levied until (a) the Board or ACC has given written notice to the Owner of the maintenance or violation cure required; (b) the Owner has refused to perform the required maintenance or correct the violation within a reasonable time; and (c1 the Association has incurred expenses for maintenance or correcting the violation. Thereupon, the Board shall have the power to levy a Limited DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 • Assessment against the Owner to pay for the costs of such maintenance and repair or correction of violation and any other costs or expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office of the Ada County Recorder. Thereupon, and upon the continuing failure of the Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real property liens. Notwithstanding anything to the contrary contained in the Declaration and any amendment thereof, no action may be brought to foreclose the lien of any assessment until the expiration of thirty (30) days after written notice of default has been deposited in the United States mail, addressed to the Owner of the Lot at the street address of the Lot or the last known address of the Owner, if otherwise shown on the books and records of the Association. Such notice shall specify the amount and due date of the unpaid assessments and the legal description of the Lot. 6.2 Puroose of Assessments. The assessments levied by the Association or the Declarant shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and in particular for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and Common Facilities, and including without being limited thereto, the payment of taxes and insurance on atl or any part of said property. 6.3 Assessment Limitations. Until January 1 of the year immediately following the conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessment shall not exceed $240.00 for each Lot subject thereto. Thereafter, the maximum Regular Assessment per lot may be increased each year not more than five percent (5°k) above the maximum assessment for the previous year without a vote of the membership. In order to increase the assessment by more than 5°k for any given DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 • year, there must be a vote of two-thirds of the members affirming any such increase at a meeting duly called for this purpose. The Board of Directors of the Association may fix the Regular Assessment at any amount equal to or less than the maximum. 6.4 Initial Regular Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots owned by Declarant, when such Lots are no longer offered for sale to the general public. At each such closing, the Owner thereof shall pay the sum of 5100.00 and such portion of the greater of either an additional 5100.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial 5100.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the assumption by the Association of the Association's duties and obligations with the pro rata portion of the initial Regular Assessment paid to the Association if the Association has conducted its first annual meeting, elected a board of directors, established a Regular Assessment, and assumed the obligations and expenses of the Association; otherwise, to the Declarant. Until the Association has conducted its first meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties and functions of the Association. The Declarant shall have the exclusive use of assessments for the purpose of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the Declarant. 6.5 Assessment Due Date. The due date for Regular Assessment shall be March 1, unless some other due date(s) is established by the board. Each assessment shall be delinquent if not paid within fifteen days after the due date set forth in any notice of assessment. 6.6 Interest and Penalties. Any Regular, Special, Limited or Irrigation Assessments levied on Lots if not paid when due, shall bear interest at an annual rate as shall be set by the board from time to time, or if none is so set, at an annual rate of 12°~ Such interest shall commence on the date the assessment becomes due and payable. In addition to the interest charged, the board may, in accordance with Rules and Regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any assessment when due. The right of the board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the board in the event of non payment of an assessment. 6.7 Billing for Annual Assessment. The Regular Assessment may be billed on a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in advance. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 • 6.8 Special Assessments. In addition to the Regular Assessments, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and Common Facilities including the necessary fixtures and personal property related thereto, provided the assent of atwo-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 6.9 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than aone-third majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 6.10 Uniform Rate of Assessment. Special Assessments must be fixed in an equal amount for each Lot. All Special Assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 6.11 Effective Nonpayment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.12 Subordination to the Lien of Mort4a4e. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 6.13 Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and within the Articles of Incorporation of the Association, it is hereby provided that Meridian City and/or the Ada County Highway District ("ACRD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the Association or the Declarant fail to maintain the same. In the event that Meridian City and/or ACRD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACRD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 • • and/or NMID shall, before undertaking maintenance of said Common Areas, provide written notice of its and/or their intention to begin maintenance of the defined Common Areas or Common Facilities within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by Meridian City, ACRD and/or NMID. In the event that the Association shall fail to commence and conclude maintenance of the defined Common Areas or Common Facilities. Meridian City, ACHD and/or NMID are hereby granted an irrevocable license and easement to enter upon any portion of the Common Areas to perform inspection and maintenance. Should Meridian City, ACRD and/or NMID engage in maintenance of the defined Common Areas or Common Facilities after having provided notice to the Association and having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, the Meridian City, ACRD and/or NMID shall be entitled to and empowered to file a ratable lien against all Lots within Thousand Springs Subdivision with power of sale as to each and every Lot to secure payment of any and all assessments levied against any and all Lots in Thousand Springs Subdivision pursuant to this Declaration, together with interest at the rate which accrues on judgments and all costs of collection which may be paid or incurred by Meridian City, ACRD and/or NMID in connection therewith. Meridian City, ACHD and/or NMID may exercise their rights under Idaho Code by assessing the Lot Owners and certifying those assessments in the same manner as real property tax. This section shall not be amended without prior written approval from Meridian City, ACRD and/or NMID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined Common Areas and Common Facilities contained therein without the prior written approval from Meridian City, ACRD and/or NMID. The Association and all Lots Owners, by accepting title to a Lot, agree that all Lot Owners within Thousand Springs Subdivision are benefitted property Owners for purposes of this section. ARTICLE 7: PROPERTY USE RESTRICTIONS 7.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a1 Each Lot shall be used only for single family residential purposes, subject to the provisions as to Common Areas and Common Facilities and facilities used in common including schools. (bl No Lot may be further subdivided. (c) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any Lot, except that no more than two (2) domesticated dogs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 • and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (e1 No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (f) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (g) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (h) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 7.2 The Owners have been made aware that the subject property has been developed in an agricultural community and that there will continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the Owners on notice of such potential conditions. ARTICLE 8. BUILDING RESTRICTIONS 8.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 • 8.2 Set Backs. The front lot line for each lot is located approximately two feet into the side walk, and although the current Meridian City zoning ordinance for this current subdivision permits a twenty foot front yard set back, it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. 8.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,400 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 8.4 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started. 8.5 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 8.6 Fences. All Lots shall have an enclosed cedar-fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, includingthelocation, design, material and colorthereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • • (a1 No fence or wall shaft be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Thousand Springs Subdivision. 1b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6'1 shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. (f) All fences constructed or to be constructed on common Lot lines shall be constructed and maintained at the equal expense of the Owners of the. two Lots on which they are located. 8.7 Landscapinq. The following provisions shall govern the landscaping of Lots within Thousand Springs Subdivision: (a1 The Owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a Lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. Ic) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) coniferous trees of at least 8' in height, five (5i ten gallon plants, fifteen (15) five gallon plants and fifteen (151 two gallon shrubs in the front yard. The use of berms and sculptured planting areas are not encouraged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 • (dl The four foot wide landscape area between sidewalk and curb of each Lot shall be landscaped by the Lot Owner with sod and Newport Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such onther single or two color combination as determined by the ACC), delineated from the sod with edging material, and covered with suitable mulching material such as wood chips, soil aid or the like in order to maintain a weed free flower bed in the tree ring. Maintenance of this landscaped strip shall be the responsibility of the individual Lot Owners unless it is assumed by the Homeowner's Association. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shakes or Pabco Laminated Series 25 year (or better) dimensional asphalt shingles, weathered wood, antique black or driftwood color, or such other dimensional asphalt shingles as is determined by ACC. 9.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Thousand Springs Subdivision, provide parking regulations and other rules regulating the same. 9.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 9.6 i n No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Thousand Springs Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 9.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. 9.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of these Declaration of Covenants, Conditions and Restrictions. The ACC shall have the authority to pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by this Section 9 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE 10: EIRCHITECTURAL CONTROL COMMITTEE. 10.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 10.2 A~oointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (11 of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 10.3 Ao~roval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Thousand Springs Subdivision without the prior express written approval of the ACC. 10.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 10.5 Aoolication. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 I , ~ , i ---~ --~- - ' ~ - -_ _ - ---'-- 1I ~ E DOPE RM N [~` / \\ ~~ ..~ ~~ ~ -__- - _._ __ \ ~.\ w O O R-4 ~~ P / ~_ \ 0 i- -- --- ~~ ;o ETHREE BARS DR ~ ERARTY JET ST ` / \ N'. ,~1, '~Q ~~~ -~'{~ ETHREE BMSDR __ ,. ~p ~. ... _.___ __._ - 4 4 `, ETMREEBMSDR _ .__ ._ ,~~,. OR 11 /\ ~`. E TIME ZONE DR -__ . - \ ,., ~ ~ ,\ \ \ ,` \ ~ _ i ' ------ ~ - \ ,y ~ \,, % , /,/ ,. ~' ' ---' E EnSV JET ST '- N - -- -- -- -- - --- ' 1 , _...- -- _ _. \~ \`, I o 3 1 BLO K 2 11 ~ 17 12 11 'y 6 ~~ , 7 ~ 13 LOCK 3 '~ 4 se 5 10 16 ~ ,,' i~ \ 2 9~~ 2 ~ ~, o° 10 9 5 ~ 3 ~z 8 9 15 14 ," 6 ~9J- Z ~ E TAUIWCOD ST. 6 ~ ©~~SE~~Ca~ ;, 4$ S s . 7 '' 8 u; BL K o~s~ s10~. _ Q 1 2 3 4 5 6 7 ~.--c ~.. .~, - :i~~ ,~' ' I ' -- ~ ~ ~ ~<~ --- __ ~. I ---- __ _._._ ,_ ' E DwORSMAK OR ~ ' __ - _____ _ __ _.. __--- ~' `. - - - --- '~ E~EptEEK..- _____________ i , .. ' _ ~~ , ~ , ~ ~ ~ ~ , ~ ~ i . . ~ ` ____ ___r__ ______ ~:\~~i . i i i i . , ~ ~ ~ ft4-_,__, --,----~----~--- ---' --- ~~ r _ `_,_' _ ,~1 ____ _______~l I~ I I r ,- -_ , ~. --T-__ E''... ..-"-~`~YpR~ _-_. _....._ I _____ f_____ _____ __ ~ ~ -_. +~ - ~ , ~_. `~ - -may •' `y' ______ _.____ f ~ ~` \11 i ' ~ ~'.~i' < I ____ _ _____ r_____ VICINITY MAP TAR.AWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' ** TX CONFIRMA REPORT ** AS OF AUG 10 '°J•l 1406 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 09 08/10 14 05 208 888 1097 MODE MIN/SEC PGS CMD#t STATUS EC--S 00'30" 001 104 OK NOTICE OF HEARING NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and th® Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Stn~et, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1989 for the purpose of reviewing and considering the application of Michelangelo Investments for annexation and zoning of 12.801 acres, which is generalry located south of Los Alamitos Subdivision and north of Sherbrooke Hollows Subdivision. The application requests a zone of R-4. Further the application requests preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10~' day of August, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH August 11 and 25, 1999. • • All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Pfan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Thousand Springs Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after .they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 11: ANNEXATION 11.1 Procedure. Additional land contiguous to the subject property and owned by the Declarant, its successor or assigns, may be annexed by Declarant without the consent of members within twenty (20) years of the date of this instrument. Upon the earlier of recordation of a final plat of such additional land, or the certification by the Declarant describing additional land, that the Declarant intends to plat, such Additional Property shall, for the purposes of this Agreement, be deemed Additional Property. Amendment of the Declaration to include such Additional Property, and to subject such Additional Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Declarant of a Supplemental Declaration, which shall describe the Additional Property being annexed, and any supplemental or different covenants, conditions and restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem appropriate, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the term and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 11.2 Designation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed Additional Property or in the Supplement Declaration or conveyed to the Association by Declarant shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. ARTICLE 12: WATER SYSTEMS 12.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned and operated by the City of Meridian. The domestic water system will provide water for culinary and other ordinary domestic household use and is not to be used to water a lawn, pasture, landscaped area or other similar areas except for Lots which do not have access to the irrigation system and for all Lots during those times of year when water is not being supplied by the irrigation system. Water from the domestic water system for irrigation purposes will be subject to rules of the City of Meridian and, in any event, is subject to availability. Water from the domestic water system shall not be used for any swimming pool or to supply any exterior decorative pond, or any other similar use or system without the prior written approval of each such use by the City of Meridian. The Association may elect to receive water for irrigation of the Common Area from the City of Meridian when water is not being supplied by the irrigation system, which use shall be paid by the Association from its assessments. Any Owner's use of water from the domestic water system shall constitute an agreement to pay the charges therefore by the City of Meridian. 12.2 Irrigation System. All Lots to which delivery of irrigation water is feasible in the Declarant's discretion, including the Common Areas, shall have access to a pressurized irrigation water system ("irrigation system") to be constructed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 ~ ~ Declarant and owned and operated by the Association or the Nampa-Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa-Meridian Irrigation District and the right to receive water therefrom is, in any event, subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 13: S,ENERAL PROVISION. 13.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 13.2 SeverabilitX. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (401 Years from the date of this Declaration. 13.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. 13.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance and management of Common Area and Common Facilities, and for all costs and expenses associated therewith not covered by the assessments provided for herein. 13.6 FHA/VA Aanroval. As long as there is a Class B membership, the following actions may require the prior approval of the Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 ~ ~ mergers and consolidations, mortgaging or dedication of Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. 13.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. IN WITNESS WHEREOF, the Dec{arant has set his hand and seal as of the date and year first above written. FARWEST, L.L.C. By MARTY GOLDSMITH, Member STATE OF IDAHO ) 1 ss. County of Ada ) On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be a Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho (SEAL) Residing at ,Idaho Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21