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English Gardens Subdivision PP 99-001
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: PP -99-011 REQUEST: PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION (101 BUILDING LOTS ON 31.94 ACRES BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED LOCATION) — 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208)884-4264 CIT_ Y OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: PP -99-011 REQUEST: PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION (101 BUILDING LOTS ON 31.94 ACRES BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED LOCATION) — 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: view elge}un000d ao=l m 2 a (D LL E 0 LL 00, �i �s- � ccd3 E m x c c m ccW aicL �y- o U 'r V Q_ j0y.c O M d cm Ecnd$'�y (DE J F c d N a -gym 00 2m EE�'��m d �m a OEOO 'E E N �o c hax N - 'D 6z "- O cli N 0, SNE ��y �L!o 2 ip�N NcnN t NOL Cl= cE ¢a) OnF lo-, - y a �c03 L Cw Cncl) a`)Ea c L .r. 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(D b. w c CD 0 1� CD CL Ru 0 0 .0 CD C, CD W 0 CD CD c, 0 3bO, 3 ❑. cc . 2.-. 3 - g r- CD CO D Cl) RaR, Oc D 0 0 (f) (D 0 S �193 5ww 93 0- -0 SL-� CD ZL SR c --3 , ?D , 0 W cD M a) g -n -:0 CD CD 3Q =CD O7 -n CD CD f -,F 3 CD crco - a O CL CD !0 co W 0 @D .30 3 Ro-.2 - -n �h C) m g g 6'& 3 3 m CD 0, 0 - CD - 3 E �(D 3 �0; CD'o 3 CD CL,< X j- .0 9) - !Za 2 1 L�3 CD r ID - - CD r- 5. 0 3 0 W ID m CL m X CD CL ;'0 3 a cc CL 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the -Ordinances of the City of Meridian and the Laws of the State of Idaho, that the 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 October 19, 1999, for the purpose of reviewing and considering the application of Projects West for preliminary plat approval of proposed English Gardens Subdivision, consisting of 101 building lots on 31.94 acres of land, which is generally located on the southeast corner of Black Cat Road and Cherry Lane. 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 24th day of September, 1999. ANGEM L. SIMS, DEPUTY CLERK PUBLISH September 29 and October 13, 1999. W PIN*CLE ENGINEERS INfo 870 N. LINDER ROAD, SUITE B MERIDIAN, IDAHO 83642 3 PH (208) 887-7760 FX (208) 887-7781 I A, .•7 0 ** TX CONFIRMON REPORT ** DATE TIME TO/FROM 14 09/24 11:04 208 888 1097 AS OF SEP 24 11:05 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#t STATUS EC --S 00129" 001 113 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 October 19, 1999, for the purpose of reviewing and considering the application of Projects West for preliminary plat approval of proposed English Gardens Subdivision, consisting of 101 building lots on 31.94 acres of land, which is generally located on the southeast corner of Black Cat Road and Cherry Lane. 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 24th day of September, 1999. ANG L_ SIMS, DEPUTY CLERK PUBLISH September 29 and October 13, 1999. s J _ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on July 13, 1999, for the purpose of reviewing and considering the application of Projects West for preliminary plat approval of proposed English Gardens Subdivision, consisting of 101 building lots on 31.94 acres of land, which is generally located on the Southeast comer of Black Cat Road and Cherry Lane. 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 21-'t day of June, 1999. PUBLISH June 23 & July 7, 1999 WILLIAM G. BERG, JR., OTYCLERK 00%,001111($"444 OF B.L - I ----------------------------------- NO 6LT TOO „12,00 S--03 snioiS #QW0 SOd 03S/N I W 3QOW NdIQIaW d0 A1I0 L60T 888 80Z TOOT TZ/90 60 W021di01 3WI1 31bU T0'30dd MOT 66, TZ Nnr d0 SSU ** IdOdM NOIibI481dNOO Xi ** V T JU N 0'8 city qf,Meri 'Ce ,Cit Clerk Of )Y' TO: Shari \0- -Stiles A• -1 V- ' Y Planning and Zoning "Administrator x,,200 E., Carlton, Suite '201 Meridian' Idaho 93642 -,DATE.- Jun 1-099 June L IL'�j J�---English Gard Subdivision RE ens, A( S):'Sfiie Ms: )Ofi-behdlf bfPr6jects'West,, we are -submitting this, aphIjcation,for a SubdivisionPr6liniiiay-pldt on.31.94 acres located on the, southeast -corner= of.Blackcat Road and Cherry -Lane, Meridian; -Idaho.- 'The property'is zoned -R-4 and the proposed Subdivision consists of -101, single-family10ts, 1, -Topen, n ".-space lots, 2 diaina:ge/lots,'and. I irrigatioh-lot. V 0 property The i T ' is h zoned k-4 and is generally, vabant,land with a single fi6nily'residence d out` buildings; The current- zoning of R-'4- ;with a'net density of 3'.47,dW' 611i n\g units 'per acre for the ' p oj�ciis r compatible with/,the-,p6licies;dnd goals of theMeridianCity Cc'�ip'prehensife'P_ Ian. S6wei'dndvater (Meridian) will be ektended-to the site at the eXpense.'of tfieldevel6ver.All other' 4 utilities will -156" -tbt'he'sit' provided e.- All, streets Curbs; gutters arid'sid6Walks will:be dedicated \6' the v Co ,Highways streets, standards:',-,The/Ten Mile Creek 'ufider4tSe public and built to -Add County HighwzI - jurisdi&io / / I I I Reclamation ion District ,n,-of\the Bureau Recla�ai n and N�in�a--Meridi'a'n""I'r'rigat' ',_aivides\this \'0__ -an is'� &to'be 1�ft/O"p\eii-With'i�e d propose excOption:ofthe'proj5o§ed ctossing'which�will A necessitate -the need for tiling "in_',tha;tareal L _ V, -, The development,, will shave' 7, landscape, lots alofig Blackcdt'rRoad andCherry Lane `and. a " ' pathway/gre6nbelt,aloh'g,,th�,-',I'O Mile,Cre&dlI-6JFwhich' c]�' wi11bemaintained \by'th6�§ubdivision Homeowners Association. The pr'op6sej pathway will give this site'direct/ a6cess,to Fuller. Park to the'�east.,'- 4 J, 1 k Y This project is compatible with the. suriourtdiiig area and as such� w"ill'not-change the generaljise or.;, e,-656ci on'the 'surr' ro -will,not have any.4 vers oun character'of the p' perty drid- ding properties. ',The 3 --i a6f, on the surrounding -street '§,Blackcat- Road Che�rrv-.L - arie \a i\\ traffic mp h s,'sh6uld,be �'minimal a and, - both designated , - + esign, C the -f If both d ited,as,Arteridl Roads with Capacity to Carry,, added' fra fic, rom this development. A, L/ '-,870 NORTH UNDER'Suft: AN, fDAH'O '83642� 8877760 7781/ B MERIPL (208) - FAX (208), 887- T 'C - J , V r A V Statem6nt of Compliance, V All streets,-/ ctirbs,/e and, sidewalks will be constructed to ACHD eri Mdia / n tity I/ Ordifiancestandards. 2 u The'proposed se ism cofif6mianc& with the(lCity of Meridian Comprehensive/ Plan: I N -it Will b6connected to 3 The developinei services., J -development will be compliance with Meridian City Ordinances. -4 V( \�4./ Thisdevel6 5.1_''The preliminary plat will irklud6-d1l appropriate easements.- ct 1\ 6,, The street names are not,in"6onflict with the -City ,gki Z - /AffidavitS: A - q/ -posted 1) week bef6fe the publid,heanng wi This property will he th posfings'c6rit�ining j th6.ndiiie of ih6',dPplicdiit/,/,de'sc'ription4jf.,thd 26ning amendment, and,time/and date.of, the public hearing./ applicant pliodnt ha'sread the icont e-rits of this application and verifies. that theinforniatiqir contained herei&is true, and'correct. '7_ 'his pibj ect will provide excellent d 'extend services 4 for future �� 11. and rV and to the we -development: .\ Ifyou have any questions or comments, regairdifig,tfifs matter, please call meat - (3108 ) 887-7760 ), 1 \/ , - , \ 'y l; 4L \3 J P Robert C.,U/ er Q \,Pj 1, ),Pr ect Manager I A �iv AJ cc:, F He #0-a96017� A 4 1 'I'll Paul Edininste'r )4 4 J 7 y, V J REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & 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: English Gardens 2. General Location: Southeast corner of Blackcat Road and Cherry Lane 3. Owners of Record: Projects West Address: 2014 Meridian Street South, Puyallup, WA Zip 98371-7510 Telephone (253)841-5603 4. Applicant: Same Address: ,Zip Telephone 5. Engineer:_ David Bailey / Bob Unger Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name: Projects West Address 2014 Meridian Street South, Puyallup, WA 98371-7510 Telephone_(253) 841-5603 PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres: 31.94 2. Number of building lots: 101 3. Number of other lots: 10 4. Gross Density per acre: 3.47 5. Net density per acre: 3.16 6. Zoning Classification(s): R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? Yes — The 10 Mile Drain 9. Have recreational easements been provided for? Yes 10. Are there proposed recreational amenities to the City? No 11. Are there proposed dedications of common areas? No_Explain For future parks? No Explain 12. What school(s) are in the area? Meridian Do you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other):_Single Fam_ 16. Proposed Development features: a. Minimum square footage of lot(s):_1,000 sq. ft. b. Minimum square footage of structure(s): 1,400 sq. ft. C. Are garages provided for? Yes Square footage: 500 sq. ft. min. d. Has landscaping been provided for? Yes _Discribe: A total of 7 e. landscape lots along 10 Mile Road and Cherry Lane f. Will trees be provided for? Yes Will trees be maintained? Yes g. Are sprinkler systems provided To-r–?—Yes – Pressurized System h. Are there multiple units? No Types: N/A i. Are there special set back requirements? No Explain: j. Has off street parking been provided for? Yes Explain: Within k. proposed driveways of each building lot 1. Value range of property: $150,000 - $300,000 In. Type of financing for development:_ Owner / Developer financed n. Were protective covenants submitted? Yes Date: 6/1/99 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 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. J U N 0 7 1999 CITE' OF XERIDIkN REQUEST FOR SUBDIVISION APROVAL PLYING & ZONING PRELIMINARY PLAT AND/OR FINAL PLAT IL M P q PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be'in the City Clerk's possession no later than three days following the'regular meeting of the Planning & 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: English Gardens 2. General Location: South corner ofa"" —W"' and Che '° Lane 3. Owners of Record: Projects West Address: 2014 Meridian Street South, Puyallup, WA--- ,Zip_98371-7510 Telephone (253) 841-5603 4. Applicant: Same Address: ,Zip Telephone 5. Engineer: David Bailey / Bob Unger Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name:. Projects West Address 2014 Meridian Street South, Puyallup, WA 98371-7510 Telephone_(253) 841-5603 PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres: 31.94 2. Number of building lots: -101 3. Number of other lots: 10 4. Gross Density per acre: 3.47 5. Net density per acre: 3.16 6. Zoning Classification(s): R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? Yes – The 10 Mile brain 9. Have recreational easements been provided for? Yes 10. Are there proposed recreational amenities to the City? No 11. Are there proposed dedications of common areas?—No—Explain For future parks? No Pi 12. What school(s) are in the area? Meridian Do you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial combination): Residential_ S 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other):ingle Fam_ 16. Proposed Development features: a. Minimum square footage of lot(s):_8,000 sq. ft. b. Minimum square footage of structure(s):_1,400 sq. ft. C. Are garages provided for? Yes Square footage:_500 sq. ft. min. d. Has landscaping been provided for? Yes_Discribe: A total of 7 e. landscape lots along 10 Mile Road and Cherry Lane f. Will trees be provided for? Yes_Will trees be maintained? Yes g. Are sprinkler systems provided for? Yes — Pressurized System h. Are there multiple units? No Types: N/A i. Are there special set back requirements? No Explain: j. Has off street parking been provided for? Yes_ Explain:_ Within k. proposed driveways of each building lot 1. Value range of property: $150,000 - $300,000 in. Type of financing for development:_ Owner / Developer financed n. Were protective covenants submitted? Yes Date: 6/1/99 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 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. A V �q Sia,feffient'of Compliance: J� 1. All streets; "curbs; gutters axid'sidewalksw will-be'coristructed to -ACHD & Meridian"Cit y �Ordindnce standard S. 2., \/'The priop'pJ's ed-useisin drif6rtnafice -with the 'City /of Meridian Comprehensive ,Plati. r I The developrabntwill be, connected to City,services., 4.- This development will- be compliance with Mei idia'n' City Ordinances'. 5':' The'piainiinafyplat will include-all appropriate—easeffients! The'kieA res arenot' conflict with tie Citygrid. Affidavits:,�_ T q T i"L This property will be'vbst'd 1,week'b6fore- the public hearing-with-posting's with,po'stings containing 2'f the-applicant, description 'of the zoning amendihen and time'and, date of ��',the'name /o_ the OUblic hedridg., 2:The applicant' has i&eadthe"o c'iit6fitso f this application and verifies" that the, information; cbntain6dhe'rein is-4rue and corr6ctl !J /'Thi'vp'rOjectAwill pro-6de'/ excellent infill and _ekdefid services and streets to� the , ,west for tuturie L development` V lf,you-haveanyquest!6ns'-or"con-tmentsregarding this matter, please call me at (208),887- F7769. S' inc _1A Ro ert-C. Ung& ,_PiqjectManager V, A File #C996017, - ''Paul Edmi'n stei,, 4 3, 0 A F A A �J, V-4 lei f 3 j V A1 ILI-lee] rs _,,)nariStiles Planning I and (Zoning Adriiinistraib'r %�`,200,E- Carlton, Suite 201/1- Meridian,, Idaho 83642, v -DATE: June 1,99§,, fl `kE: EnglishGardens /Subdivision--- Seasonal groundwater' iep-ort Ms.,Stil&s: (11 V A "Based, upon fthe U S.'Depdrtffient of /Agriculture, Soil Conservation, Services ,Soil S of Ada a-the folloiA4ng inforinatio'his prov ey- -'County. Are ided'ioi your review: A loam an esti �Soils -in the �fior& half of\theproject,are,Pur -silt 'high water dam,/ table -of > 6 ft. ;Soils A �h oi s m4h&, soul half 'of"the,project'are eric laquepts'.with�an estimated high water tabie-dfj,.5 L�3"ft,.� We - are currdntly'm6nit&rin"g''the-'-,p'rop"eri�,,t6,betfer better-determine precise e 6ise Waterlable depthg.' rd'ing' this matter, you have any questions or comments rega hAttc.,r,please call medt(208)\887-7766.-�- 1< Sincer' obert'C. 0/ Project Manager- U -cc. File Paul Edfifinstd J 7\ a, Al A, J_ at 870' NORT11/ LINDER SUITE B --MEIdDiAN,,--/1bA140 83642 -,(208)7760,- �FAX.(2 -88717 08)1 `887-7781 S j giuriC 11-1 (U: ari Stites Adininisirai6i y')' Mnnifig and, Zoning S.) jr 200 CaAtofi,,SWte 201 4 ,CMefidian;jdah6 )836,42' P DATE'-, - Jun -1 100 7 e 'E' Siibdivi§ion,, Fti RE- ngli�h Gardens f "-stiles:' J, \, , T Please be'ad�vis6dihdtw'e,�renotreque'sting s on the above referenced pr)oject.1--- any yanance -,lf ( y -hav,e apy, S8 0. ou -questions or comments regarding/ thig'nidtt6r, pleAk call me at (208;, 7-776 Sincere' C Unger' Project Manager )V A/ File 4096017 cc: PdullEdminsier j < Cr, 71, )IN , Nz\/ N, IDAHO - 8364 'iM FAX (208) -887-77\81 .870 NORTH LWDER,'S=,,B MERIDIAN, 2 (208)\ 887 V, A 9 AFFIDAVIT OF LEGAL INTEREST 1, Paul M. Edminster, President, Projects West, 2014 Meridian Street South, Puyallup, WA 98371-7510, being first duly sworn upon oath, deposed and say: That I am the record owner of the property described on the attached, and I grant my permission to Pinnacle Engineers, Inc., 870 N. Linder Road, Suite B, Meridian, Idaho 83642 to submit the accompanying application for a Preliminary Plat 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 20th day of May, 1999. Paul M. Edminister, President Projects West SUBSCRIBED AND SWORN to before me the day and year first above written. (-"-,ir)CL &-XAe Notary Public for Idaho Residing at Me ridic. n , 7:Cc(c ho My Commission Expires: 8-6-2Ao2. U ,iDA COPY RECORDER J. OAYIO NAVARRO r7!sr., MMO 1999 AP —7 PM 4: 31 Order No. 98004437 CfAq M14 This form furnished by Stewart Title of Idaho, Inc. RECL-'ED-REQUEST OF* �• FEE ._�Dl EPUTYIl&L 99033994 STEWART TITLE i 1EAD AN' A ROV D By. r QUITCLAIM DEED THIS INDENTURE, Made this 26th day of March in the year of our Lord one thousand nine hundred and ninety nine between U S. BANK NATIONAL ASSOCIATION, F.K.A. WEST ONE BANK, IDAHO as Custodian of the Gerald E. Carlson IRA as Grantor and PROJECTS WEST, INC., a Washington corporation as Grantee whose current address is 2014 Meridian Street South, Puyallup, WA 98371-7510 WITNESSETH That said Grantor for and in consideration in lawful money of the United States of America, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does by these premises remise, release and forever QUITCLAIM, unto the said Grantee and to its heirs and assigns all that certain lot, piece or parcel of land, bounded and particularly described as follows, to -wit: AS PER LEGAL DESCRIPTION ATTACHED HERETO TOGETHER With all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD, All and singular the said premises, together with the appurtenances, unto the Grantee and to its heirs and assigns forever. IN WITNESS WHEREOF, The said Grantor has hereunto set its hand and seal the day and year first above written. U. S. BANK NATIONAL ASSOCIATION F.K.A. WEST ONE BANK, IDAHO SANDRA JENCLA NEWMAN, Trust Property Officer State of ID ss. County of ADA On this / .tel^ day of e3e- .lijC/e) 1999 before me, the undersigned, a Notary Public, in and for said State, personally appeared SANDRA JENCKS NEWMAN known to me, and/or identified to me on the basis of satisfactory evidence, to be the Custodian ofTHE GERALD E. CARLSON IRA nd the TrusiAhat executed the within instrument and t executed the same on behalf of said Trust. WITNESS MY HAND AND O//F��FICIAL SEAL. C/ Notary Public Residing at: ", &&4- Coininission Expires: to me that -' `f4.. T,V �A ••, C �•L = •; I ol _ .� • r��j � , by t pa z' .V" i Cahn» orsAr, !.t 7046 • 601 UdW IPu4 • hh.,10 93?04 • (201 M4101 PROPERTY DESCRIPTION PARCEL: "A" A parcel of land lying in the NW 1/a of Section 10, T.3N., R.1 W., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W1/16 Comer common to Sections 3 and 10, 'T.3N., R. IW., B.M., Ada County, Idaho; thence N.89036'16"W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NW1/4 WWW/4 of said Section 10 to a found Brass Cap marking the Section Corner common to Sections 3, 4, 9, and 10; thence S.0000'00"W. 650.20 feet along the west boundary of the said NW1/4 NW1/4 of Section 10 to a point, said point bears N.0°00'00"E. 1998.63 feet from a found Brass Cap marking the W1/4 Corner of said Section 10; thence S.88000'00"E. 25.02 feet to a set 5/8" iron pin marking the intersection of the easterly right of way of Black Cat Road and the north boundary of the Ten Mle Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, said pin also marling the RVIAL POINT OF BEGINNING; tbence N.0°00'00"E. 230.47 feet along the said easterly right of way of Black Cat Road to a Set 5/8" iron pin; thence leaving the said easterly right of way of Black Cat Road, S.90°00'00"E. 175.00 feet to a found 5/8" iron pin; thence N.0000'00"E. 217.80 feet to a set 518" iron; thence N,90a00'00"W. 158.00 feet to a set 5/8" iron pin lying on the said easterly right of way of Black Cat Road, said pin lying 42 feet rigIn of centerline Station 203+42.12 of Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence N.0000'00"E. 117.46 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pini, said pin lying 42 feet right of centerline Station 204+59.58 of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; i c "if M#Wle, L4 logs • sfos Inv bid • him, to Ux01 • (toil IM -troy thence leaving the said easterly right of way of Black Cat Road, N.2$°24'02"E. 34.10 feet to a set 5/8" iron pin lying on the southerly right of way of Cherry Lane, said pin lying 45 feet right of centerline Station 24+55.38 of said Ada County Highway District, Cherry Lane Improvement Plos, Project N4.52058.0; thence along the said southerly right of way of Cherry Lane the following courses and distances: S.89035'07"E. 288.48 feet to a set 5/8" iron pin marking a point of curve to the left, said pin lying 45 feet right of centerline Station 27+43.86 PC of said Ada County Highway District, Cherry bane Improvement Plans, Project No. 52058,0; thence along said curve to the left; a distance of; 104.54 feet, said curve having a delta of 01902'14", a radius of 5775.00 feet, tangents of 52.27 feet, and a long chord of 104.54 feet which bears N.89053'46"E. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 29+47.59 PT of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence N.89°22'39"E. 461.71 feet to a set 5/8" iron pin marking a point of curve to the W, said pin lying 45 feet right of centerline Station 33+09.30 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No, 52058.0; thence along said curve to the left a distance of 100.10 feet, said curve having a delta of 01°00'32", a radius of 5685.00 feet, tangents of 50.05 feet, and a long chord of 100.10 feet which bears N.88°52'23IT. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 34+10.20 PT of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; i G t�ARI�T, j;,,S�� , thence S.W'1746" E. 310.61 feet (formerly 310.38 feet) to a found 1/2" iron pin; thence leaving the said southerly right of way of Cherry Lane, S-0 05'30"W. 642.31 feet to a set 5/8° iron pin lying on the said north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence N.88°00'00"W. 1298.35 feet along the said north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, to the point of beginning, containing 17.52 acres, more or less. SUBJECT To: Any easements or rights of way of record or in use. j o��{, LAN' sU o 7045 nd OP19�`3�' got/.s Not i, U 104S • $09 OW" Rod • drht,10 1 104 • (2011 I"' 101 PROPERTY DESCRIPTION PARCEL 1113" A parcel of land lying in the NW1/4 of Section 10, T.3N., R 1W., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W 1116 Corner common to Sections 3 and 10, UN., R. 1W., B.M., Ada County, Idaho; thence N.89°36'16 W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NW1/4 NW1/4 of said Section 10 to a found Brass Cap marking the Section Corner common to Sections 3, 4, 9, and 10; thence S.0900'00"W. 1324.41 feet along the west boundary of the said NW1/4 NW114 of Section 10 to a set 5/e" iron pin marking the N1/16 Comer common to said Section 9 10, said pin bears N.0°00'00"E. 1324.42 feet (formerly 1324.36 feet) from a found Brass Cap marking the WIM Corner of said Section 10; thence S.89033147"E. 25.00 feet to a set 518" iron pin lying on the easterly right of way of Black Cat Road, said pin also marking the REAL POINT OF BEGINNING; thence N.0000'00"E. 553,43 feet (formerly $49.86 feet) along the said easterly right of way of Black Cat Road to a set 5/8" iron pin marking the intersection of the said easterly right of way of Black Cat Road and the south boundary'o£the Ten We Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence S. 99"00'001,E. 1081.28 feet along the said south boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a chiseled "X" in an existing concrete 471gation ditch; thence S.490x6'00"E, 127.00 feet to a set 5/8" iron pin lying on the westerly boundary of the said Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence 5.0406'00"W, 441.51 feet along the said westerly boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 455, records of Ada County, Idaho to a set 5/8" iron pin lying on the south boundary of the said NW114 NWl/4 of Section 10; MW M110, L 1 .7045 • 64vs UAW bid - &!n, /P 00,94 . (fool art rros thence leaving the said westerly boundary of the To Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, N.89°3347"W. 1175.88 feet along the said south boundary of the NWU4 NWll4 of Section 14 to the point of beginning, containing 14.42 acres, more or less. SUBJECT TO: Any easements or rights of way of record or in use. spy LAND s Tg'��`� a Q 7045 OF �lLEBtd'M�� d .V, 06to Mike, L& 704S • duos UdW fti • doh, M 93ft14 • 12091$f9 NS PROPERTY DESCRIPTION PARCEL"A" A. parcel of land lying in the NW 1/4 of Section 10, T.3N., R. IW., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W 1/16 Comer common to Sections 3 and 10, T.3N., R. IW., B.M., Ada County, Idaho; thence N.89136'16"W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NWl/4 NWl/4 of said Section 10 to a found Brass Cap marking the Section Corner common to Sections 3, 4, 9, and 10; thence S.0°00'00"W. 650.20 feet along the west boundary of the said NW 1/4 NW 1/4 of Section 10 to a point, said point bears N.0°00'00"E. 1998.63 feet from a found Erass Cap marking the W114 Comer of said Seotioia 10; thence S.88900'00"E. 25.02 feet to a set 5/8" iron pin marking the intersection of the easterly right of way of Black Cat Road and the north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, said pin also marking the MAL POINT Of EEGINNINO, tbence N.0000'00"E. 230.47 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pin; thence leaving the said easterly right of way of Black Cat Road, S.90000'00"E. 175.00 feet to a hound 5/8" iron pin; thence N.000900"E. 217.80 feet to a set 5/8" iron; thence N.90'000'00"W. 158.00 feet to a set 5/8" iron pun lying on the said easterly right of way of Black Cat Road, said pin lying 42 feet right of centerline Station 203+42.12 of Ada County Highway District, Cherry bane Improvement Plans, Project No. 52058.0; thence N.0000'00"E. 117.46 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pin, said pin lying 42 feet right of centerline Station 204-59.58 of said Ada County Highway District, Cheu y Lane Improvement Plans, Project No. 52058.0; M CaArar MtWkp, I.1 7o#s • 64bf UWW bid - 6b1M;10 837H • IM] ST8-tf0! thence leaving the said easterly right of way of Black Cat Road, N.28024'02"E, 34.10 feet to a set 518" iron pin lying on the southerly right of way of Cherry Lane, said pin lying 43 feet right of centerline Station 24+55.38 of said Ada County Highway District, Cherry Lazne Improvement Plans, Projwt No. 52058.0; thence along the said southerly right of way of Cherry bane the following courses and distances: S.89035'07"E. 288.48 feet to a set 5/9" iron pin marking a point of curve to the left, said pilo lying 45 feet right of centerline Station 27+43.86 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence along said curve to the left a distance of 104.54 feet, said curve having a delta of 01902'14", a radius of 5775.00 feet, tangents of 52.27 feet, and a long chord of 104.54 feet which bears N.89053'46"E. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 29+47.59 PT of said ,Ada County Highway District, Cherry Lane Improvement Plans, Pfojeet No. 52058.0; thence N.8902219"E. 461.71 feet to a set 5/8" iron pin marking a point of curve to the lel}, said pin lying 45 feet right of centerline Station 33+09.30 PC of said Ada County Highway District, Cherry Lane Improvement Plans, project No. 52058.0; thence along said curve to the left a distance of 100.10 feet, said curve having a delta of 01°00'32", a radius of 5685.00 feet, tangents of 50.05 feet, and a long chord of 100.10 feet which bears N.88§52'23 "E. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 34+14.20 PT of said Ada County Highway District, Cherry bane Improvement Plans, Project No. 52058.0; t caNffx Kirby Ll TOfs • 6105 illflrlr RBI • Blip, lP RIM • (fQ1) 378-1183 thence 5.89117'46"E. 310.61 feet (formerly 310.38 feet) to a found 1/2" iron pin; thence leaving the said southerly right of way of Cherry Lane, S.0105'30"W. 642.31 feet to a set 5/8" iron pin lying on the said north boundary of the Tett We Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence N.88°00'00"W. 1298.35 feet along the said north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, to the point of beginning, containing 17,52 acres, more or less. SUBJECT TO: Any easements or rights of way of record or in use, 7. a o 7045 � � OF ✓. . colAms 164s, L& 7045 • dld3 tlrNek iF • aikl, i0 lS7B! • (20!) 3f!-ilD! PROPERTY DESCRIPTION PARCEL IIB n Aparcel of land lying in the NW1/4 of Section 10, T.3N., RAW., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W1/16 Corner common to Sections 3 and 10, T.3N., R. 1W., B.M., Ada County, Idaho; thence N.89°3616"W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NWl/4 NWII/4 of said Section 10 to a found Brass Cap roaming the Section Corner common to Sections 3, 4, 9, and 10; thence 5.0900'40"W. 1324.41 feet along the west boundary of the said NW1/4 NW114 of Section 10 to a set 519" iron pin marking the N1116 Comer common to said Section 9 & 10, said pin bears N.0°00'00" E. 1324.42 feet (formerly 1324.36 feet) from a found Brass Cap marking the WIM Comer of said Section 10; thence S.89033147"E. 25.00 feet to a set 5/8" iron pin lying on the easterly right of way of Black Cat Road, said pin also marking the REAL POINT OF BEGINNING; thence N.0°00'00118.553,43 feet (formerly $49.86 feet) along the said easterly right of way of Black Cat Road to a set 5/8" iron pin marking the intersection of the said easterly right of way of Black Cat Road and the south boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence S.88°00'001'E. 108 1. 28 feet along the said south boundary of the Tett Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a chiseled "X" in an existing concrete irrigation ditch; thence S.49°06'001IE. 127.00 feet to a set 5/811 iron pin lying on the westerly boundary of the said Ten We Thain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence S.01;06'00"W, 441.51 feet along the said westerly boundary of the Ten Mile Train as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a set 5/8" iron pin lying on the south boundary of the said NW1/4 N'W1/4 of Section 10; own# NNION, Lt. 7ffs - do$11s" Rut ■ hin, to $004 - (tool 3re- 7r83 thence leaving the said westerly boundafy of the Tera Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, N.89°3347"W. 1175.88 feet along the said south boundary of the Nw1/4 Nwl/4 of Section 10 to the point of beginning, i containing 14.42 acres, more or less. SUBJECT T0: Any easements or rights of way of record or in use. i LANA s� a p 7045 env OF 14 5 BBId '� C.� e a. N �o O e - �',� �� � I A5 11 � a5 l i l l i I A'? +• { a� l � j � I i 7A. le I it � .. Eli i I � l j Iwo I ISI ; R33 C IY8LL-L88 (80Z) XJ 09LL-L88 (80Z) Hd Z-b9E8 OHVG1 `NV1GW3VY 8 31ins `OVM1 213GNlI 'N OL8 'ONI `S�1331NION3 3- 0VNNId m z G)S rC/)� V 2z �V =m =z w PIN OI CLE ENGINEERS, INO z 870 N. LINDER ROAD, SUITE B _ MERIDIAN, IDAHO 83642 3 PH (208) 887-7760 FX (208) 887-7781�jp w ml m 0 0 N to 0 0 0 0 0 0 N O N N 0 0 to (O M to to 0 0 0 U') 0J � CA f,- r N f- O O r r N O r r O O r co r 0 0 O CO O r r N O N N N r 0 0 00 O O I- r- CO ti N (O M O O O 0 0 0 0 0 0 0 0 0 O r N CO N N M N r- M r ` C) O r 0 0 0 0 0 r r r r N r r N r M M M �J 0 0 0 0 0 0 0 O 00 O O O O O (O 0 0 0 0 0 0 0 N M r r r r r to N N N N N N N N N N N N N N N VJ IL L.L LL LL LL LL LL V/ VJ Vl VJ V/ VJ V/ VJ V/ V/ VJ VJ V/ V/ VJ r N' r O O N CO to O to N to N N O O w O M ,' o m N O M to r O r I- r 0 CO CO It CO O N O N O M N (O (O N O q r to O O O O O LO co M m M qq O O O qT M m to M O iL LO r M O M r M 0 to to to to to 0) O r o to to M O LO O N N O N N CO N qt N N N N N to N r- N N N N O N O N' V 'It Iq qq r ct N'IT 'IT qt qt d' O qT O qt qT qT qT 00 q O CO O M CO (O CO CO N (O CO O CO CO CO O � CO CO CO CO CO CO I� 00 00 00 00 00 00 00 O 00 00 00 00 00 CO 00 O 00 00 00 00 00 M 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +0 - - - - - - - - --- - - - - - - - Z z m z Z z z z Z Z z z J Z z z Z z Z z ¢_¢QQ <<<<<<Qw_Q QQQQQQ 0 0= O O w O J o 0 0 0 0 0 w O O O O O O w w w w w w Q w o w w w w w Q w o w w w w w w o L } LULL QQ w w Y o Q (D 0wz LU w Y 0 00 w w w WW 0 z w H J m z Z U � } 0 W Iw Ix W U Z U U W U �% } U WZ LU CL Lu Q wwoOW CCOOQCL -UmUUUUNW WUUcoY� U X J U' X U w m m m j m X U U m U x J J �cnowZO3:ozzcnzz�zo3:3>zzo0°0 O O CO w P- m m O to to r M m I- M m to to O w m z O LO'ITM O 'IT r- M M M M� N � (O O N O O Iq� O et (O M f� r M N N r r O CM CM to LO to 00 1;T C) d N r 0- Iq r g r q r r N r CL 'q I r N d O N Z C7 z Z � Q � Q < Q -jZ D QH m J Z Q 2 O J Q Y w �QQQ:ZOUD }006=w�- 06 ULuOw > Q 6206C)z �WmOjw�m �0<ca > U °� Q Zata0606J W } JwZ U a � °� U _Z j 06_ z0 O w LL 0} Q d w w Q W W�[E�-p2JwwwU' W W m_UQWWWLL<MMOmQ Z> wY m Z Q W J w m -j m z U O Q Q 2 w w w z m O O z m m Z Q oo5Itw-wmwLL >-"-w�=wwZwoa wLL _I0wZZU°° wwIxw _3mza F-Qa Z Q Z J=0� w z W- w z w 2 O U) w w O o J Q>> w Q o D W W J m Q Q Q w W U 2 (D2 i T - Lu -i T- LLmmYmU2H-jm3:2(1p r . o -1 0 -1 >F A :. I m =.'< m , 70 rn O d = O O, T I I 3;`� I I I I F73, W I .. K x oCL � s ` C� Q Ffi >CL ° I I I I t t� O T009262 gyceived �i0 �_ TOTAL CF�-i� C: o y iv,., LTJ Q C7: - AI l0 l0 - U1 D �..-�. �a s Z :: �S e. w�+� { n •� z S NY3 . a U1 �() e �O 4 � J Fzf'. - 1 OD" CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order e . Date Order No�.t•� Date Nam,- Address,- Phone: SOLD BY . C -O. CHARGE OBJ ACCT. MDSE. RETD. PAJD OUT C-\\ N64 J I I I t I I I � I I I I I I I I I � I I L I I I I All claims and retrned goods MUST be accompanied by this bill. TAX T009262 gyceived �i0 �_ TOTAL GS -202-2 PRINTED IN U.S.A: vniMr[o wire ' C e,� 0, NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on July 13, 1999, for the purpose of reviewing and considering the application of Projects West for preliminary plat approval of proposed English Gardens Subdivision, consisting of 101 building lots on 31.94 acres of land, which is generally located on the Southeast corner of Black Cat Road and Cherry Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21st day of June, 1999. PUBLISH June 23 & July 7, 1999 4 0 s -ENGLISH GARDENS SUBDIVISION PROPERTY OWNERS WITHIN 300' - LAW BRENT I & SANDRA L 4145 N EAGLE RD MERIDIAN ID 83642-5565 4888 W CHERRY LANE MILLIRON RICKY V & KATHY L 4450 W CHERRY LN MERIDIAN ID 83642-5.432 W,CHERRY LANE f GOLFVIEW ASSOCIATES L P PO BOX 3516 ' KETCHUM ID 83340-3510 1698 N GOLFVIEW WAY 1697 N GOLFVIEW WAY N GOLFVIEW WAY 1681 N GOLFVIEW WAY 1669 N GOLFVIEW WAY W QUAKER RIDGE DR W CHERRY LANE • HILLS RICK R & HILLS GAYLA A 245 E ELBRIDGE ST MERIDIAN ID 83642 1674 N GOLFVIEW WAY SKOW MARGIE 1655 N GOLFVIEW WAY MERIDIAN ID 83642 EVANS ALYWIN D & EVANS NANCY M 4349 W QUAKER RIDGE DR MERIDIAN ID 83642-3915 HOLT FREDA I 1435 N BLACK CAT RD MERIDIAN ID 83642-5362 FISHER SAMMY & JUDY J 4831 SUNFISH LN MERIDIAN ID 83642-5345 BERRY NELSON NEIL & MYRNA G 1293 N BLACK CAT RD MERIDIAN ID 83642-5362 BERRY MILES G & SHAUNNA R 1299 N BLACK CAT RD MERIDIAN ID 83642-5362 - KLINE FOREST J & DEBRA J 1155 N BLACK CAT RD MERIDIAN ID 83642-5362 N BLACK CAT RD KLINE FOREST J & DEBRA J 21474 USTICK RD CALDWELL ID 83605-9420 1155 N BLACK CAT RD - BURT ROBERT J & VIRGINIA G 1123 N BLACK CAT RD MERIDIAN ID 83642 CARLSON GERALD E IRA WEST ONE BANK ID CUSTODIAN PO BOX 7928 BOISE ID 83707-1928 N BLACK CAT RD 1 N BLACK CAT RD MANSHIP JEFFREY 4375 W CHERRY LN MERIDIAN ID 83642 TURNER BRADLEY S & LORI ANN 4365 W CHERRY LN MERIDIAN ID 83642-5433 LAMPE BOBBY A 1500 N BLACK CAT RD MERIDIAN ID 83642-5324 BROWN MICHAEL J & CF] HENNIG WALTER III & 2528 N CROOKED C K MERIDIAN ID 836 -3968 W CHERRY LAW ,��CYL ANN \� ELA KAY WAY � w ,� 4 0 s -ENGLISH GARDENS SUBDIVISION PROPERTY OWNERS WITHIN 300' - LAW BRENT I & SANDRA L 4145 N EAGLE RD MERIDIAN ID 83642-5565 4888 W CHERRY LANE MILLIRON RICKY V & KATHY L 4450 W CHERRY LN MERIDIAN ID 83642-5.432 W,CHERRY LANE f GOLFVIEW ASSOCIATES L P PO BOX 3516 ' KETCHUM ID 83340-3510 1698 N GOLFVIEW WAY 1697 N GOLFVIEW WAY N GOLFVIEW WAY 1681 N GOLFVIEW WAY 1669 N GOLFVIEW WAY W QUAKER RIDGE DR W CHERRY LANE • HILLS RICK R & HILLS GAYLA A 245 E ELBRIDGE ST MERIDIAN ID 83642 1674 N GOLFVIEW WAY SKOW MARGIE 1655 N GOLFVIEW WAY MERIDIAN ID 83642 EVANS ALYWIN D & EVANS NANCY M 4349 W QUAKER RIDGE DR MERIDIAN ID 83642-3915 HOLT FREDA I 1435 N BLACK CAT RD MERIDIAN ID 83642-5362 FISHER SAMMY & JUDY J 4831 SUNFISH LN MERIDIAN ID 83642-5345 BERRY NELSON NEIL & MYRNA G 1293 N BLACK CAT RD MERIDIAN ID 83642-5362 BERRY MILES G & SHAUNNA R 1299 N BLACK CAT RD MERIDIAN ID 83642-5362 - KLINE FOREST J & DEBRA J 1155 N BLACK CAT RD MERIDIAN ID 83642-5362 N BLACK CAT RD KLINE FOREST J & DEBRA J 21474 USTICK RD CALDWELL ID 83605-9420 1155 N BLACK CAT RD - BURT ROBERT J & VIRGINIA G 1123 N BLACK CAT RD MERIDIAN ID 83642 CARLSON GERALD E IRA WEST ONE BANK ID CUSTODIAN PO BOX 7928 BOISE ID 83707-1928 N BLACK CAT RD 1 N BLACK CAT RD MANSHIP JEFFREY 4375 W CHERRY LN MERIDIAN ID 83642 TURNER BRADLEY S & LORI ANN 4365 W CHERRY LN MERIDIAN ID 83642-5433 LAMPE BOBBY A 1500 N BLACK CAT RD MERIDIAN ID 83642-5324 BROWN MICHAEL J & CF] HENNIG WALTER III & 2528 N CROOKED C K MERIDIAN ID 836 -3968 W CHERRY LAW ,��CYL ANN \� ELA KAY WAY WESTERN ADA RECREATION DIST PO BOX 566 MERIDIAN ID 83680-0566 3405 W CHERRY LANE MCFADDAN BERNARD L AND MCFADDAN BERNARD L LIFE ESTATE MCFADDAN ROBERT L 950 N BLACK CAT RD MERIDIAN ID 83642-5322 GREAT OAKS WATER CO INC 6854 W WRIGHT ST BOISE ID 83709 4000 W PINE AVE . CET m i CET m JULIE KLEIN FISCHER WM. F. GIoRAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM E NICHOLS* CHRISTOPHER S. NYE -ALSO ADMITTED IN OR --ALSO ADMITTED IN WA June 9, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE PtECEIVIEJ) William G. Berg, Jr. J U N 13 2000 MERIDIAN CITY CLERK 33 East Idaho CITY OF MERIDIAN Meridian, Idaho 83642 Re: ENGLISH GARDENS SUBDIVISIONS NO. I AND 2 FINAL PLAT BY: PROJECTS WEST, INC. Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and attorney's office. If you have any questions, please give me a call. Very truly yours, Z- Wm. F. Nichols msg/ZAWork\M\Meridian 15360NUnglish Gardens PP1at\BergJ`P0rdAppro.1LTR En: r S:.y `� WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A. RosSMAN TEL (208) 288-2499 DAVID M. SWARTLEY FAX (208) 288-2501 TERRENCE R. WHITE** Email via Internet @ wfg@wppmg.c0m June 9, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE PtECEIVIEJ) William G. Berg, Jr. J U N 13 2000 MERIDIAN CITY CLERK 33 East Idaho CITY OF MERIDIAN Meridian, Idaho 83642 Re: ENGLISH GARDENS SUBDIVISIONS NO. I AND 2 FINAL PLAT BY: PROJECTS WEST, INC. Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and attorney's office. If you have any questions, please give me a call. Very truly yours, Z- Wm. F. Nichols msg/ZAWork\M\Meridian 15360NUnglish Gardens PP1at\BergJ`P0rdAppro.1LTR BEFORE THE MERIDIAN CITY COUNCIL 06-08-00 IN THE MATTER OF THE ) APPLICATION OF PROJECTS ) CASE NO. FP -00-007 WEST, INC. FORAPPROVALOF ) FINAL PEAT FOR ENGLISH ) ORDER OF CONDITIONAL GARDENS SUBDIVISIONS NO. 1 ). APPROVAL OF FINAL PLAT AND 2, LOCATED AT THE ) SOUTHEAST CORNER OF ) BLACK CAT AND CHERRY ) LANE, MERIDIAN, IDAHO ) This matter coming before the City Council for Final Plat approval 'pursuant'to Meridian City Code § 12-3-7 on June 6, 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 9 General Comments and 22 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning -Administrator, 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 ENGLISH GARDENS SUBDIVISIONS NO. 1 AND 2 (FP -00-007) - 1 x IT IS HEREBY ORDERED THAT: 1. The Final Plat of "ENGLISH GARDENS SUBDIVISION,NO. 1" as evidenced in Plat bearing the date 03-28-00, Drawn By: DG, Checked By: J.G. Carpenter, P.E., Project No. C996017, Sheet 3 - 3B, PINNACLE ENGINEERS, INC., Consulting Engineers, PROJECTS WEST, Developer, and the Final Plat of "ENGLISH GARDENS SUBDIVISION NO. 2" as evidenced in Plat bearing the date 03-28-00, Drawn By: DG, Checked By: J.G. Carpenter, P.E.,,Project No. C996017, Sheet 3C - 3E, PINNACLE ENGINEERS, INC., Consulting Engineers, Inc., PROJECTS WEST, 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 Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 6, 2000, listing 9 General Comments and -22 Site Specific Comments, a true and 'correct copy of I Iwhich is attached hereto marked Exhibit "A", and consisting of five pages, and' by this reference incorporated herein, and also incorporating the comments back from Pinnacle Engineers, Inc., on behalf Projects West, Inc., in their`letter dated June 6, 2000, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by ORDER OF. CONDITIONAL APPROVAL OF FINAL PLAT FOR ENGLISH GARDENS SUBDIVISIONS NO. I AND 2 (FP -00-007) - 2 this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 Fire Chief, Keriny Bowers, requires that all codes will need to be met; that streets, street name signs, and hydrants will 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. 1.2 The Nampa S_ Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for their review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation District shall review the drainage plans. The developer must comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation, District. 2. The final plat upon which there is contained the Certification and•signature of the City Clerk and the City Engineer verifying that the plat meets the r City's requirements shall be signed only at such time as: a. The Plat dimensions are'approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT • i - FOR ENGLISH. GARDENS SUBDIVISIONS NO. 1 AND 2 (FP -00-007) - 3 r 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. i By action "of the City Council at its regular meeting held on June 6, 2000. B1 Y• RO ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, the Public Works Department, and the City Attorney.If I I F= r BY•,G�-/�" Dated: —6 —r11.� _ �{,.r- ;a City Clerk msg\Z:\Work\M\Meridian 15360M\English Gardens PPlat\OrderFP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ENGLISH GARDENS SUBDIVISIONS NO. I AND 2` (FP -00-007) - 4 .� Ull U J UU U i i JN MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCaudlcss MEMORANDUM: r.nrac.z cngineer5, lnc. cun-nJ:-<J� aRUB OF TREASURE_ VALLEY 10 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAI10 83642 (208) 888-4433 • Fax (208) 887-48 t3 City Clerk Office Fax (208) 888-4218 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City En ineer� Shari Stiles,'P&Z Administrator P . :� 7 LEGAL DEPARTMENT (208) 238-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 June 6, 2000' Re: ENGLISH GARDENS SUBDIVISIONS NOS. 1 and 2 - Request for Final Plat Approval for 101 Single-family Residential Building Lots on 31.94 Acres by Projects West 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: 4 SITE SPECIFIC REOUIREMENTS: Final plats are subject to all conditions of preliminary plat. 2. The preliminary plat was approved with a greenbelt pathway and landscaping shown within the Ten Mile Drain area. Applicant is to make commitment as part of the final plat approval for construction of the pathway within the Ten Mile Drain. Plans shall be coordinated with the Meridian Parks Director, Western Ada Recreation District and all appropriate approval agencies: 3. 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 for constructing 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. This plat is.subject to Black Cat trunk line extension fees: 4. 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- Frmam trsi�a�wi.vr.a� "A " 17 .:u1-1 u0 j W :oN Mayor and City Council . June 6, 2000 Page 2 cua-ou,-ru. • 5. Lot frontage must be at least 80 feet or a symbol added to indicate which direction the house needs to face. The symbol for Lot 2, Block 13 (English Gardens Subdivision'No. 2) may be removed, as the lot meets frontage requirements on both sides. Although Lot 2, Block 1, and Lots 2 and 8, Block 3 (English Gardens Subdivision No. 1) do not have adequate frontage on W. Aspen Creek Court, staff recommends that the frontage be designated along W. Aspen Creek Court and that no direct lot access to N. Wales Avenue or N. Golfview Way be permitted for the referenced lots. 6. The reference to "P.U.D.I." shall be shown on the legend and- spelled out as "Public Utilities, Drainage and Irrigation'. 7. On the final plat for English Gardens Subdivision No. 1, combine Lots 9 and 10, Block 1. 8. On the final plats for English Gardens Subdivisions Nos. I and 2, delete Notes 5, 6 and 7 in their entirety. 9. On the final plat for English Gardens Subdivision No. 1, modify or revise the following notes: (9) [Add language to show that maintenance of Lot 2, Block 7, will be the responsibility of the Homeowners Association; although owned by Nampa -Meridian Irrigation District for the purpose of housing an irrigation pump station,. Nampa - Meridian does not ordinarily provide maintenance to ensure an aesthetically pleasing area. ] (10) Lots I and 9, Block 1; Lot 1, Block 2: Lot 1. Block 3: Lot 1. Block 4; Lot 1, Block 7; Lot 1, Block 8. and Lot 1, Block 9; are landscape lots and are owned and maintained by the Homeowners Assocation. (11) Lot 9,.. Block 1, is reserved as an ACID storm ,drainage and pedestfiati ingr-ess/eVess easement and is to be maintained by the Homeowners Association asset with in the- AAiel2's of lneerpemtien ead --she D 1 atie r.,.,«.., ...cFrt— No: [Revise this note -with language acceptable to the Ada Couruy,Highway District regarding heavy- versus light-duty maintenance responsibilities of all storm drainage easement areas.] NOTE TO APPLICANT: Lot 9, Block 1, is only to be used as common landscaped/open space area and for street drainage. Use of this lot for storage or any other use is specifically prohibited. 10. On the final plat for English Gardens Subdivision No. 2, combine Lots 9 and 19, Block 11, 11. On the final plat for English Gardens Subdivision No. 2, modify or revise the following notes: FY-00-oo7 64Not "A« CJ..: 41 :urn ud U u:: ICjP rinnacle Engineers, inc. Mayor and City;CouncI June 6;2000 Page 3 , tUti-cia r- i ilii P.4 17. 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. 18. Graphically depict 10 -foot -wide public utilities, drainage, and irrigation easements along the,north side of Lots 4, 5, 6 and 7, Block 6, English Gardens Subdivision No. 1. FP -05-W7 FnWuhGudm&N*i vf,.d. �` T it, t t 1 (9) Lot 9, Block 11; Lot 1, Block 14; and Lot 1, Block 15, are landscape lots and are owned and maintained by the English Gardens Homeowners Assocation. (11) Lot -9, Block 11, is reserved as an ACRD storm drainage and pedestrian iFes4effess easement and is to be maintained by the Homeowners Association as [Revise this note with language acceptable to the Ada -County Highway " 'heavy- District regarding versus light-duty maintenance responsibilities of all storm drainage easement areas.] NOTE TO APPLICANT: Lot 19, Block 11, is only to be used as common landscapedlopen space area and for street drainage. Use of this lot for storage or any other use is specifically prohibited. r. PN 12. Describe extra' pin shown along the east boundary of Lot 7, Block 10, English Gardens Subdivision No. 1. 13. 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. '14. 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 besupplied by a year-round source of water. If a creek or well' source is not available, a single -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. 15. Permanent non-combustible fencing is to be installed along the northerly and southerly boundaries of Ten Mile Creek. Because Ten Mile Creek is to be developed as a multiple - use pathway, visual appearance is important, and special consideration for fencing type needs to be given 16. Construct six -foot -high, permanent, 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. 17. 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. 18. Graphically depict 10 -foot -wide public utilities, drainage, and irrigation easements along the,north side of Lots 4, 5, 6 and 7, Block 6, English Gardens Subdivision No. 1. FP -05-W7 FnWuhGudm&N*i vf,.d. �` T it, t t 1 jun u8 uU ui:ijp Pinnacie tngineers, inc. 2U8 -8d'- 78i P. Mayor and City Counco June 6, 2000 Page 4 19. Graphically depict 10 -foot -wide public utilities, drainage, and irrigation easements along the south side of Lots 10-15, Block Il; and the south side ofL ots'l-5, Block'13. 20. Provide evidence of monies deposited with Ada County Highway District for construction of bridge over Ten Mile Creek prior to signature on the final plat. 21. As English Gardens Subdivision No. 1 is not contiguous to English Gardens Subdivisidn No. 2 due to -the existence of Ten Mile Creek, a different name will need to be.recorded for English Gardens No. 2. It would be helpful if the name change could be remedied with approval of the final plat so that City files reflect the correct name. 22. Correct the note shown on each plat referencing R.O.S. No. 4590 to add missing wording, or end sentence with "...allowable tolerances." GENERAL REQUIREMENTS 1 • 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 confrmation 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 Sections 9-1-4 and 9-4-5. Wells may be used for non-domestic purposes such as landscape irrigation_ 3. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K 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. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. b. 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. 8. If possible, 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 FP -013-W7 ,-r--x h, h%,% , W il WisWAM=sNu I fRdoe e gun uu uu ui:,, rinnacle Qngineers, inc. cub-obr-e1a1 p.a Mayor and City Counc • June 6, 2000 Page 5 of these comments, or simply signify your acceptance by stating "Applicant will comply." r 9. Delete reference to English Gardens Subdivision No. 2 on "plat of English Gardens Subdivision No. 1. 4' d, .A t Y _f 870 NORTH LINDER SUITE B MERIDIAN. IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 Ll INN AIU Engineers Irac TO:. Shari Stiles, P & Z Administrator • - Bruce Freckleton, Assistant to City Engineer 200 E. Carlton, Suite 201 Meridian, Idaho 83642 - DATE: June 6, 2000 RE: English, Gardens Subdivisions 1 & 2 I have 'reviewed your staff report dated June 6, 2000 and have the following comments: SITE SPECIFIC REOI=IE MNTS We concur with items 1- 9, 11-14, 16, 17, & 20. - 10. We would rather not combine Lots 9 and. 19, Block 11,. English Gardens Subdivision No. 2. Lot 9 is specifically for landscaping ,and Lot 19 is for landscaping and drainage. Logically we _ should keep them separate. We will add a note specifying that the use of Lot 19, Block 11, is only to be used as common landscaped/open space area and for street drainage. In addition, we' will include the same note for Lot 9, Block 1 15. Our preference is not to install a "non' -combustible" fence along the northerly'and southerly boundaries.of Ten Mile.Creek. We are required to install a six. -foot -high, permanent, perimeter fence around the subdivisions.', ,This would include the fencing around the Ten Mile Creek. Since Ten Mile Creek is being developed for path use and will be seeded for lawn, we agree:, that visual appearance is important, Iand special consideration for fencing type. needs to be given. We suggest that cedar fencing be permitted, which would match the material for the perimeter fencing, with the restriction of four -foot -high solid material andlattice be permitted above that level up to six feet total height. -The lower.fencing will provide better aesthetics and security along the Ten Mile Creek 18. We have provided a 10 -foot -wide easement on the lots abutting the specified:lots in this note and a five -foot -wide easement on the specified lots. This allows a total. of 15' for utilities and irrigation. The irrigation line will be in the 10 -foot -wide easement with stubs to the abutting, lots. By arranging the offset easements as we� have shown on the plat, it prevents construction of individual fences over, the irrigation supply lines. We request that this item and item 19 be _ removed from the required changes to. the plat. 21. I have reviewed, this concern with John Priester, Ada County Engineer/Surveyor. Although'the two subdivisions are. separated.by the Ten Mile Creek, the connection via N. Wales Ave.. and ROS 4590 separating the two parcels having been recorded in 1999 (after the subdivision proposal), he is comfortable with allowing the two subdivisions baring the same name. 870 NORTH LINDER SUITE B MERIDIAN, IDAHO 83,642 (2081 887-7760" FAX' (2081 887-7781 11 '..L '., O r T - �t24 CITY OF T ERIDLAIN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST` Case No. PP -99-011 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 October 19, 1999, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, appeared at the hearing, and the applicant's representative, Bob Unger of Pinnacle Engineers, Inc., appeared at the hearing and testified, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, 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 latest Preliminary Plat Drawing Dated: 05-31-99, Drawn By: DAB, Checked By: David A. Bailey P.E., Project No. C996017, Sheet PP -1, PINNACLE ENGINEERS, INC., PROJECTS WEST, Developer, for ENGLISH GARDENS SUBDIVISION, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 1 following findings; FINDINGS OF FACT' I. I That°the proposed development is in conformance with the Comprehensive Plan by reasonof 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" l 1-2-408(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 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 fo`r the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR¢ENGLISH GARDENS SUBDIVISION - 2 OF l.J 5. The development if built in accordance with the conditions and as 3 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 w 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: "Dated: 05=31-9% Drawn By: `DAB, Checked By: David A. Bailey P.E., Project No. C996017, Sheet PP -1, PINNACLE ENGINEERS, INC., PROJECTS WEST, Developer, for ENGLISH GARDENS SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS =DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Dated: 05-31-99, Drawn By: DAB, Checked By: David A. Bailey P.E., Project No. C996017, Sheet PP - 1, PINNACLE ENGINEERS, INC., PROJECTS WEST, Developer, for ENGLISH FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 3 • GARDENS 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 Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.2 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. 2.3 Extend Big Creek Street to intersect Black Cat Road between Lots 11 and 12, Block 14, instead of extending Blue Creek Road to Black Cat Road. Provide an ACHD approved turnaround at the new terminus of Blue Creek Street. Submit a design of the turnaround for review and approval by District staff. The main entrance of Big Creek Street shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of4-feet wide to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of the median. 2.4 Extend Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -foot offset from the intersection can be maintained. Do not extend Stratford Avenue to Cherry Lane. Provide an ACHD approved turnaround at the new terminus of Stratford Avenue. Submit a design of the turnaround for review and approval by District staff. 2.5 The entrance of Wales Avenue off Cherry Lane shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 4 2.6 Locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. The main entrance shall be designed with 21 -feet of pavement on either side of a center median and shall be constricted a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of right=of-wav plus the additional width of the median. 2.7 The existing single family dwelling driveway on Black Cat Road, located approximately 315 -feet south of Cherry Lane, is approved with this application. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavement of Black Cat Road and install 15 -foot radii pavement tapers. 2.8 Construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right-of-way on Black Cat Road abutting the parcel, including the out - parcel on Black Cat Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.9 Construct all public roads within the subdivision as 37 -foot street sections with curb, gutter, and 4 -foot wide concrete sidewalks within 50 - feet of right-of-way. 2.10 Extend Tudor Street to the east property line between Lot 7, Block 6 and Lot 7, Block 9. 2.11 Extend London Avenue to the south property line between Lot 9, Block I1 and Lot 21, Block 14. 2.12 No direct lot access to Black Cat Road has been proposed with this application to Lots II and 12, Block 14, and none is approved. 2.13 No direct lot access to Black Cat Road or Cherry Lane has been proposed with this application to Lot 2, Block I, and none is approved. 2.14 Other than the main project entrances specifically app"roved with this application, direct lot or parcel access to Black Cat Road or Cherry Lane •is prohibited. Lot access restrictions, as required with this application, shall be stated on the Final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 5 i • Adopt the Meridian Fire Department's Recommendations as follows: 2.15 No parking of vehicles and/or trailers in the cul-de-sac. 2.16 All roads will be installed before building is started with appropriate street name signs. 2.17 All common areas will need to be kept. clean of trash and weeds. 2.18 The Fire Department requests an additional hydrant be installed for the storage lot which applicant shall install. Adopt the Water Department Recommendations as follows: 2.19 The water main shown on the preliminary plat is not to code and shall be revised. Adopt the Central District Health Department Recommendations as. follows: 2..20 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. 2.21 Run-off is not to create a mosquito breeding problem. 2.22 Stormwater shall be pretreated through a grassy swale'prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.23 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 Planning and Zoning Administrator Recommendations as follows: 2.24 Applicant shall add a note to Plat designating all building lots are for single family dwellings only. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 6 2.25 Applicant shall include Ten Mile Drain as part of the plat as a common lot with an additional note to Plat that it is to be owned and maintained by the Homeowners Association. 2.26 Applicant shall provide evidence that the out parcel is a legal split through provision of a recorded Warranty Deed showing its configuration in April of 1984. 2.27 Lot frontage must be at least 80 feet or a symbol added to indicate which direction the house needs to face. 2.28 Applicant shall provide detailed landscape plans of all common areas for review and approval with submission of final plat. Adopt the Recommendations of the Assistant City Engineer as follows: 2.29 Applicant shall construct a lift station to serve the entire project and only their project. 2.30 Applicant shall construct 21" relief sewer from Black Cat Road to Southeast boundary of project. 2.31 Applicant shall utilize an 8" internal sewer paralleling the 21" to feed the required lift station. 2.32 Once the Black Cat trunk fees are established and approved by the City Council such fees would be applied to each building permit issued in this project. 2.33 All lots within this project shall be subject to the applicable latecomer fees on the existing Ashford Greens lift station. By action of the City Council at its regular meeting held on the �7 R� day of 1999. By: RT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: it' Clerk msg/ZAWork\M\Meridian 15360M\English Gardens PPlat\FfClsOrd.PP �`xt%t1IIIM? it/,,I" \tik`L� of � � r SEAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL, OF PRELIMINARY PLAT - PROJECTS WEST FOR ENGLISH GARDENS SUBDIVISION - 8 October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANT: PROJECTS WEST ITEM #: 11 REQUEST: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED RECOMMENDATIONS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: q� ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: 1 NAMPA MERIDIAN IRRIGATION: . � V SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. October 14, 1999 William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION Applicant: PROJECTS WEST Dear Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on October 19, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Enclosure ey/ i Very truly urs, Liz Y egal Assistant to R. Ste n Rutherford WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW .- KATHY J. EDWARDS NAMPA OFFICE JULIEKLHax F1scHER 200 EAST CARLTON AvENVE 104 UTH WM. F. GHGRAY, LI POST omcE Box 1150 OST O fficE ox 247 53- POST ODAHO D. SAMUEL JOH NsoN MERIDIAN, IDAHO 83680-1150 3 NAMPA IDAHO 83653 0247 WILLIAM A. MORROW TEL. (208) 4669272 WILLIAM F. Nimou FAX (208) 4664405 CHRISTOPHER S. NYE TEL (208) 288-2499 PHILIP A. PETERSON FAx (208) 288-2501 STEPHEN L. PRUSS PLEASE REPLY TO ERic S. RossMAN MERIDIAN OFFICE T. ODD A. RossMAN R, STEPHEN RuTHERFoRD DAVID IVL SWARTLEY TERRENCE R- WHITE E-MAIL: RSRQWPPMG.COM October 14, 1999 William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION Applicant: PROJECTS WEST Dear Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on October 19, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Enclosure ey/ i Very truly urs, Liz Y egal Assistant to R. Ste n Rutherford .t x - BEFORE_ THE PLANNING AND ZONING COMMISSION W IN THE MATTER OF THE ) Case No. PP -99-011 REQUEST FOR PRELIMINARY• ) PLAT FOR ENGLISH GARDENS ) RECOMMENDATION TO CITY SUBDIVISION, ) COUNCIL PROJECTS WEST, ) Applicant ) INTRODUCTION 1. The property is approximately 31.94 acres in size and is generally r located at the southeast, corner of Black Cat Road and Cherry Lane in Meridian, Idaho. 2 The owner of record.of the subject property is Projects West of 2014 Meridian St. South, Puyallup, Washington. 3. The Applicant is the owner.of record. 4. The subject property is currently zoned 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. The subject property is within the city limits of the City of Meridian. 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. RECOMMENDATION TO CITY COUNCIL - 1 ' PRELIMINARY PLAT -ENGLISH GARDENS SUBDIVISION -PROJECTS WEST 8 The Applicant proposes to develop the subject property in the following j, manner: by construction and development of 101 single family lots, seven open space lots, 2 drainage lots, 1 irrigation lots for a net density of 3.47 dwelling units per acre. 9. 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 Dedicate feet of right-of-way from the centerline of Blacic Cat Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.2 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. 1.3 Extend Big Creek Street to intersect Black Cat Road between Lots 11 and 12, Block 14, instead of extending Blue Creek Road to Black Cat Road. Provide an ACHD approved turnaround at the new terminus of Blue Creek Street. Submit a design of the turnaround for review and approval by District staff. The main entrance of Big Creelc Street shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of4-feet wide to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of the 'median. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -ENGLISH GARDENS SUBDIVISION -PROJECTS WEST 1.4 Extend Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -foot offset from the intersection can be maintained. Do not extend Stratford Avenue to Cherry Lane. Provide an ACHD approved turnaround at the new terminus of Stratford Avenue. Submit a design of the turnaround for review and approval by District staff. 1.5 The entrance of Wales Avenue off Cherry Lane shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of the median. 1.6 Locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. The main entrance shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area"within 54 -feet of right-of-way plus the additional width of the median. 11 '1.7 The existing single family dwelling driveway on Black Cat Road, located approximately 315 -feet south of Cherry Lane, is approved with this application. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavement of Black Cat Road and install 15 -foot radii pavement tapers. 1.8 Construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right- of-way on Black Cat Road abutting the parcel, including the out -parcel on Black Cat Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.9 Construct all public roads within the subdivision as 37 -foot street sections with ,curb, gutter, and 4 -foot wide concrete sidewalks within 50- feet of right-of-way. 1.10 Extend Tudor Street to the east property line between Lot 7, Block 6 and Lot7, Block 9. 1.11 Extend London Avenue to the south property line between Lot 9, Block 11 and Lot 21, Blocic 14. 1.12 No direct lot access to Black Cat Road has been proposed with this. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -ENGLISH GARDENS SUBDIVISION -PROJECTS WEST application to Lots II and 12, Block 14, and none is approved: 1.13 No direct lot access to Black Cat Road or Cherry Lane has been proposed with this application to Lot 2, Block I, and none is approved. 1.14 Other than the main project entrances specifically approved with this application, direct lot or parcel access to Black Cat Road or Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the Final plat. Adopt the Meridian Fire Department's Recommendations as follows: 1.15 No parking of vehicles and/or trailers in the cul-de-sac. 1.16 All roads will be installed before building is started 'with appropriate street name signs. 1.17 All common areas will need to be kept clean of trash and weeds. 1.18 The Fire Department requests an additional hydrant be installed for the storage lot which applicant shall install. a Adopt the Water Department Recommendations as follows: 1.19 The water main shown on the preliminary plat is not to code and shall be revised. Adopt the Central District Health Department Recommendations as follows: 1.20 The Applicant's central sewage and central water pians, must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.21 Run-off is not to create a mosquito breeding"problem. 1.22 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.23 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater RECOMMENDATION TO CITY COUNCIL - 4 - PRELIMINARY -PRELIMINARY PLAT -ENGLISH GARDENS SUBDIVISION -PROJECTS WEST disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the,, Planning and Zoning Administrator Recommendations as follows: 1.24 Applicant shall add a note to Plat designating all building lots are for single family dwellings only. 1.25 Applicant shall include Ten Mile Drain as part of the plat as a common lot with an additional note to Plat that it is to be owned and maintained by the Homeowners Association. 1.26 Applicant shall provide evidence that the out parcel is a legal split through provision of a recorded Warranty Deed showing its configuration in April of 1984. 1.27 Lot frontage must be a0east 80 feet or a symbol added to -indicate which direction the house needs to face. 1.28' Applicant shall provide detailed landscape plans of all common areas for review and approval witli submission of final plat. Adopt the Recommendations of the Assistant City Engineer as follows: 1.29 Applicant shall construct a lift station to serve the entire project and. only their project. 1.30 Applicant shall construct 21" relief sewer from Black Cat Road to Southeast boundary of project. 1.31 Applicant shall utilize an 8" internal sewer paralleling the 21" to feed the required lift station. 1.32 Once the Black Cat trunk feed is established and approved by the City Council such fees would be applied to each building permit issued in this project. 1.33 All lots within this project shall be subject to the applicable latecomer fees on the existing Ashberg Greens lift station. Z.\Work\M\Meridian 15360NUnglish Gardens PP]at\PZ.Rec r RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -ENGLISH GARDENS SUBDIVISION -PROJECTS WEST i r a j i me roff ice MEN0RAND'UK y i � �REcElvEDTo: William G. Berg, Jr. r From: Wm. F. Gigray, Ili _+ 0 C T 2 8 1999' Subject: ENGLISH GARDENS SUBDIVISION CITY OF MERIDIAN FILE NO.: `PP -99-011 Date:' � October 27, 1999 d t Will: t Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A a VARIANCE, pursuant to action of the Council at their October 19,_ 1999 meeting. The Findings will be on the Council's agenda_for _November 3, .199#meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. msg/Z:AWorlc\M\Meridian 15360M\English Gardens PPlat 0WAR102699.Mem ' r T e � f . 4 U . 4 U t0'3Jdd ZBLL 2188 u , 'I I It I cy 919 lea I I I I I TV:tt 66, TZ 100 AllL ENGLISH G^KME-= a SUBE:)IVIS101VI P {Q C—�. L � M {NARY .a+• 1_AT PINN 9LE L "d L 8LL L88 Sb33N I ON3 7 70VNN I d WO�Id WbZS' O L 666L -LZ -OL Meridian City Counciiftng M October 19, 1999 Page 24 Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Anderson. Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 11. PUBLIC HEARING: REQUEST FOR PRELIMINARY -PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST_—SE CORNER OF TEN MILE ROAD &`CHERRY LANE: Corrie: Item No. 11 is a public hearing: Request for preliminary plat of proposed English Gardens Subdivision by Projects West, southeast corner of Ten Mile Road and Cherry Lane. At this time, I'll open the public hearing and have the staff comments first. Stiles: Mr. Mayor and Council, this is for approximately 40 -acre parcel at the southeast corner of Black Cat and Cherry Lane. It's bisected by the Ten Mile drain. They're proposing this to be a common area here. I don't have the latest version of the plat. Hopefully you have that in your packets. I didn't have a reduced version of that to present tonight. Ada County Highway District requested them to cul-de-sac this area here and to bring this road through They do currently show that this is a storage lot, and we've discussed with them that storage is not a permitted use in the R-4 zone and they would have to make that into building lots. This would be a drainage lot here, and they also have a large lot here that would be for single-family residential only unless they submitted some kind of a rezone application for that. They have made some modifications to the roadway system based on Ada County Highway District's request. This road would go straight through, and then they have brought this through with a knuckle that would come on down here. They also proposed a pathway system. It is shown on their plat for a greenbelt along the Ten Mile. They also have on their notes that would need to be revised that they are showing access from this storage – proposed storage lot and the drainage lot directly to Black Cat and no access would be approved except for the public road systems that are approved by Ada County Highway District. Gary has worked with them on some sewering of the property, and he may want to address those items. Corrie: Mr. Smith. Meridian City Counciftng October 19, 1999 Page 25 so Smith: Thank you, Mr. Mayor, Council. The southerly portion of this project will need to be seaward via a lift station, and we will consent to approve that installation. The lift station is to serve only this property. This property is also subjected to Black Cat trunkline sewer fees. Once those fees are finalized, and that's shown as Item 1.32, and that should read "fees" instead of "feed." The reason for this restriction is that the lift station, the Ashford Greens lift station does not include capacity for property beyond this project. Thank you. Corrie: Mr. Bentley. Bentley: Shari, what's the latest dated version on the plat map? Stiles: I have a revised plan; however, it does not show a revision date. It's the same date as the original submittal. Corrie: Okay. Public hearing, I'd invite the applicant to come forward. Unger: Mr. Mayor and Council members, my name is Bob Unger. I'm with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B, Meridian, Idaho 83642 Idaho, and we represent Projects West on this development. As Shari as reviewed with you, we have made revisions that were required by the Highway District and also changes that the staff had recommended and requested of us, and I have these before us for your review this evening. I do apologize that we didn't have a revised date on the one that you got there. Bird: What is the revised date, Mr. Unger? What is the revised date? When were these drawn? We've got to have that for the record. Unger: Actually, I don't have the date on this, the date that we revised these. These were — I believe we actually revised these prior — just prior to the Planning and Zoning Commission hearing. As you can see, we've eliminated this entrance here, moved it down to here as required by the Highway District. They did not want this entrance that we originally had, so we've shifted over here, continued to have this entrance and we have a stub to the east. We will have to cross over the — this is the Ten Mile Creek here. We are showing a pathway along here and down which would tie in to the park that's over in this area. We're providing landscaping all the way along down through here. We will provide the improvements along Black Cat Road as suggested by staff. We no longer are showing any kind of a storage lot, although, this was some reason it was still labeled as storage. It is not a storage lot. This would be a building lot. This being a drainage lot down here. The total number of lots that we are looking at are at 101 single-family lots. We have seven open spaces, two drainage lots and irrigation lot. Our density in the project is 3.47 dwelling units to the acre which is compatible with the existing zoning of R-4. It's also compatible with the policies and goals of the City Comprehensive Plan. As reviewed by Gary Smith, we have worked out the sewer issues on the project, and we believe that we have made Meridian City Counciftng October 19, 1999 Page 26 so all the appropriate revisions as requested by staff, and we have reviewed all the conditions of approval and the recommendations from the Planning and Zoning Commission. We have no problems with those at all, so we ask for your approval this evening, and I'll stand for any questions that you might have. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: This new revised addresses all the recommendations within our paper here? Unger: Yes, it does. Bird: Okay. Corrie: Any other questions? Mr. Rountree. Rountree: Block 1, Lot 5, what's the — it's probably on here somewhere, but I haven't found a note that tells me what that's all about. Unger: That is considered as one of the lots. The developer is not sure what he wants to do with that lot eventually. He may just go ahead and develop it as a residential lot, he may sit on it in the event that some day if the Comprehensive Plan were to change and allows some sort of a commercial or something on the corner, they might come back in and ask for some sort of change on the use on that lot itself. Currently, it is reflected as a residential lot. The Comp Plan doesn't call for anything, any kind of commercial use in that area at this time. He's just trying to look to the future. Corrie: Mr. Anderson. Anderson: Along that pathway there, you show some shrubs and some trees and that kind of stuff. How much landscaping is there going to be along that? Unger: We actually anticipate probably not a lot of trees. Probably mostly smaller shrubs, trees to the north primarily because this is within the easement and right-of-way for the Ten Mile Creek. We will be doing some lawn and some ground cover type shrubbery. More so than anything else. Anderson: Thank you. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Meridian City Counciang October 19, 1999 Page 27 go Rountree: Did I hear you say that per staff comments that the improvements along Black Cat, I guess in front of, for the lack of a better word, that area will be included in those improvementsare curb, gutter and sidewalk? Unger: Yes. We have to get the permission of the current land owners to do those, and he has indicated to us that he would support us on that and allow us to give up the right-of-way to do that. Rountree: So that's,a little different than what you just told us before? Unger: I'm sorry? Rountree: You said you would do it, now you're saying you would do it conditioned on the property owner. Unger: Well, the property owner has told us that he will grant the right-of-way for us to make those improvements. We don't have anything signed or any kind of contract with him at this point, but they originally owned all this property, so they support the project, and they're willing to work with us to get that taken care of. We don't have a problem with that being a condition of the approval. Corrie: Any other questions? Bird: I have none. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: It's not a question, but I'd like you to place that board up beside the others so the audience can see the changes made, please. Unger:. Sure. I'd be glad to. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: How are you going to make the connection from your parcel to the western Ada parcel? Unger: I'm sorry. Our parcel to the western? Rountree: Along Ten Mile. Are you going to make (inaudible) Western Ada Recreation is the owner. n Meridian City Counci4wg October 19, 1999 Page 28 0' Unger: Right here? We can only go down to this corner. That's as far as we're going to be ableto go, but that abuts the park property right there. Rountree: So there is a connection. Your property goes all the way to theirs? Unger: The corner of our property goes down to the same corner of the park area, Fuller Park it used to be. In fact, there's a little sliver that runs along like this and then as the Ten Mile Creek goes along here, then it starts to get wider as you go further east. In fact, it's right in through here. So that connection can be made right there. Rountree: Do you know if that particular easement along Ten Mile is — is it easement owned by an underlying property owner or is it, in fact, owned by Nampa Meridian? Unger: It is actually right-of-way, and we have to — we've discussed it with Water Resources and — it's not Bureau of Land, it's — Rountree: Bureau of Reclamation? Unger: Yeah. Bureau of Rec. They said that they would work with us and allow us to put that path down through there and grant an easement for that use. Rountree: Thank you. Corrie: Thank you. Unger: Thank you. Corrie: Anyone else from the public like to issue testimony in this request for preliminary plat? Okay. Hearing none, Council, I'll entertain a motion to close the public hearing on Item No. 11. Stiles: Mr. Mayor. Corrie: Excuse me, Shari. I'm sorry, yes? Stiles: I'm sorry. I just had one correction to make on the recommendation to City Council on Page 2 under Item 1.1 where it says dedicate 43 feet of right-of- way. That should be 48. Corrie: Is that just a typographical error and the developer knows it already? Stiles: Yes. Ada County Highway District requested 48 feet. Anderson: Mr. Mayor. Meridian City Council4wg M October 19, 1999 Page 29 Corrie: Mr. Anderson. Anderson: I would make a motion that we close the public hearing. Bird: Second. Corrie: Motion made a seconded to close the public hearing. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I would commend the developer and the architect because I think this is a nice -looking project in my opinion. I think some of the changes they made are, would be very beneficial for traffic -flow patterns, improvements to Black Cat with the curb and sidewalk, the extension of our greenbelt pathway system. I think that's a real plus for the City, and the density of it is well within the zoning, and I just think this is a good, clean project. I like it. Corrie: Any other comments? Bird: I have none. Corrie: Okay. I'll entertain a motion to (inaudible) prepare to the order then. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to prepare Findings of Facts and Conclusions of Law with the due -pass recommendation for" the preliminary plat proposed for English Gardens Subdivision by Projects West.' Bird: Second. Corrie: Motion made and seconded to have the attorney draw, up the proper order and Findings of Facts and Conclusions of Law in the affirmative. Any further discussion? �# ,Rountree: Mr. Mayor. Meridian'City Councilswg October 19, 1999 Page 30 Corrie: Mr. Rountree. Rountree: Can I assume that to include staff comments and recommendation from Planning and Zoning? Bentley: That's correct. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 12A. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE PERMIT FROM MIKE WETZEL TO KATHY ANDERSON FOR DAYCARE/PRESCHOOL: Corrie: Item No. 12A is a public hearing: Request for transfer of conditional use permit from Mike Wetzel to Kathy Anderson for daycare/preschool. At this time I'll open the public hearing on Item 12A and invite staff comments first. Stiles: Mr. Mayor and Council, this is for a transfer of an existing daycare located on the northwest corner of Cherry and Northwest 11th. Our only condition that we would ask is that any signage be subject to design review by Planning and Zoning Department staff and that we do a re -inspection to ensure compliance with current ordinance and also have the fire department re -inspect. Corrie: Okay. Anything else? Okay. Being a public hearing, I'll invite the applicant to step forward, please. Kathy Anderson: Good evening, Mr. Mayor and members of the City Council. I'm here tonight to request a transfer of a conditional use permit for the purpose of opening and operating a preschool in Meridian. Currently, Idaho ranks 49th in the Nation for quality of daycare. It is my intention to do my part'to help improve our state's standing. My goals are to offer the best quality preschool education at affordable rates; maintain low student -teacher ratios ensuring plenty of individual attention to all students; require all teachers to go through a licensing process including federal fingerprinting and background checks; require teachers to seek continuing education; install a minimum of two computers per classroom specifically for student use; to complete the accreditation process within the next two years; within three years install closed-circuit cameras which will allow parents to monitor their children's daily activities via the internet. I am also improving the site. To date, new paint,is being applied inside and out; new wheelchair ramp and handrails are also being installed; a new lawn will be planted in the spring along with new play equipment shortly thereafter. Opening this preschool will allow me to do two things: the chance to expand the minds of Ji Meridian City Council Pre-C6uncil Meeting November 3, 1999 Page 3 Stiles: Yes. It does talk about some of the Ada County Highway District comments, and they had some problems with some of these conditions. But it doesn't say anything about the signage, and I think that needs to be included in that development agreement. Corrie: Any others, Staff? Okay. How about three? Four? ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: Stiles: Number 3, 1 can't find that bill. Oh. It's on Page 23, Item 2.2.29, we'd requested thafsentence be changed to "prior to applying for a building permit." That's all I had on that. Corrie: Okay. ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT—NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: Stiles: Item 4, for the variance of the block length and maximum cul-de-sac length, I didn't see any problems with those Findings. ITEM 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT—NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS SUBDIVISION: Stiles: For the final plat, I couldn't find, and Bruce couldn't find as having any comments on the final plat. We would just. ask that the conditions of the preliminary plat be requirements of the final plat. ITEM 6. FINDINGS'OF'FACT AND,CONCLUSIONSOF LAW: -REQUEST FOWPRELIMI NARY, PLAT OF PROP.OSED'ENGDSH GARDENS SUBDIVISION BY PROJECTS -WEST --SE CORNER OF TEN MILE.ROAD`& CHERRYLANE: Stiles: No. 6 for the English Gardens, I don't know if you want me to (inaudible). There were Findings on this which is a little unusual for a plat, but 1 didn't see any problems with those, with the recommendations. ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L -O FOR Meridian City Council Ang November 3, 1999 Page 6 Rountree: I move that we approve the final plat for Cherry Lane's No. 9 subject to the conditions that were provided on the preliminary plat. v` Bentley: Second. Corrie:, Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley to approve Item No. 5, final plat for the Lakes at Cherry Lane No. 9. Any further discussion? Hearing none, roll -call vote; Mr. Bentley. Bentley: Aye. Corrie: 'Mr. Rountree. Rountree: Aye. k Corrie: Mr. Bird. t . Bird: Aye. MOTION -CARRIED: THREE AYES, ONE ABSENT 6. FINDINGS OF FACT AN D, CONCLUSIONS -OF LAW: REQUEST FOR:PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION`BY"PROJECTS WEST—SE' CORNER OF TEN v,-MILI'ROADy& CHERRY LANE: _L Corrie: Item No. 6 is Findings of Facts and Conclusions of Law: Request for preliminary plat for proposed English Gardens Subdivision by Projects West. Any further comments from staff? Stiles: No. Corrie: Council, what's your pleasure? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that.we approve the Findings of Facts and Conclusions of Law approving the preliminary plat for English Gardens Subdivision. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve Item No. 6, request for preliminary plat for English Gardens Subdivision by Projects West, any further discussion? Hearing none, roll -tall vote; Mr. Bentley. Meridian City Council Ang November 3, 1999 Page 7 Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L -O FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.—NE CORNER OF PINE STREET AND TEN MILE ROAD: Corrie: Item No. 7 is Findings of Facts and Conclusions of Law: Request for annexation and zoning to R-15 and L -O for Valeri Heights Subdivision by Gold River Companies, Inc. Staff comments? Council? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Decision of Order of denial for annexation and zoning for Valeri Heights. Bird: Second. Corrie: Motion made by Mr. Bentley, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item 7 for denial. Any further comments? Roll -call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie:, Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT t Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 40 Borup: Pardon? De Weerd: -- language in there. Borup: Oh, right. I understood that's why you didn't do it. Okay. (inaudible) Rossman: Just to clarify, Commissioner De Weerd would like it as a condition rather than a recommendation. Borup: Okay. And that should be in the minutes for City Council. Thank you. Item No. 1 is completed. We would like a couple things – we're only going to take a short break right now, but before we do, we're going to be looking at our agenda. That was Item No. 1 of 13 items, and we do have a good crowd here tonight. I'm (inaudible) the majority of the people probably here for the Gold River Company's project at Pine and Ten Mile. Could I see a show of hands of how many are here for that project? Rossman: I would suggest that we move that to number (inaudible) Borup: Okay. Thank you. And we're taking a short break at this time. CONTINUED'PUBEIC'HEARING:–PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION -BY -PROJECTS WEST—CORNER OF TEN -MILE ROAD & CHERRY LANE. (APPROVE WIRECOMMENDATIONS TO CITY COUNCIL) Borup: We would like to reconvene Planning and Zoning Commission for Meridian. We do have a (inaudible) up there if somebody would like to go up there and discuss. We're concerned about getting through the agenda. At this point, we've decided we're going to continue on with the agenda as outlined through the continued public hearings. At that point, we'll decide how to proceed from there on. Item No. 2 is continued public hearing, preliminary plat proposed English Garden Subdivision. As we do not have any staff comments, written comments, Shari, is there any available comments you'd like to make? Stiles: Mr. Chairman, Commissioners, we didn't learn until today that there was possible resolution to some of the problems with the sewerability of this site. Bruce Freckleton can speak to some of those issues later. To familiarize everybody, this is Black Cat and Cherry Lane. This is approximately a 40 -acre parcel that's already annexed and zoned R-4.in the City of Meridian. You may remember another project that's adjacent that was the Jeff Manship property that came in for a proposal for an R-2 subdivision there. It was a land lot piece of property back here. Fuller Park is in this area here with Parkside Creek here. We have received I believe a modified plat that the 0 0 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 41 _ applicants represented and furnished a,transparency of. We have some minor issues as related to frontage that need to designate some of the lots, the house frontage, because they wouldn't meet the 80 -foot. They also showed on the preliminary plat that Ten Mile Drain was not a part of the plat. That is able to be included as part of the plat, and Staff would request that the Ten Mile Drain be included as part of the plat as a common lot per John Priester at Ada County said that is possible. We would like the pathway to"be built along.the Ten Mile Drain, the Meridian comprehensive plan does designate that as a mixed-use pathway. Staff would also like this piece of property to be included in the plat so that the improvements can �be continued along Black mat. They also listed in the proposal that they were having storage units. Those would not be permitted in the R-4 zone. This is not a planned development. It's not a conditional use permit, so the lots that they show here would be single-family"lots even though they are quite large. When we were going through the Manship project over here, they have currently a 30 -foot easement that goes back to this land -locked parcel. It would be the Planning and Zoning Department's recommendation that this street here be relocated so that half of the, roadway, could be included on the Manship prior sole and then they would give up 30 feet or whatever that had to be if it were a collector 30 feet so that a public road could be extended clear to the back; this back parcel here. Other than that, they do need to designate on the plat that all the lots are for single-family dwellings only. If they wanted to consider something else, they would have to either re -zone that property or submit a conditional use application for a planned development for us to consider any use besides single-family: Are there any questions? Hatcher: I've got a question. Borup: Mr. Hatcher. Hatcher: When was the updated plat received by your department because I didn't get a copy and I don't know if any of the other commissioners got copies of the revised plot. Stiles: Perhaps Mr. Unger could explain what the changes were. I'm not really sure what they are. I can tell this area has changed. As far as I know, I got this transparency today. From the plat you have, it looks like this was previously a cul-de- sac or a — this would just turn here. There was no street out to Cherry Lane. They have extended this— on the first plat, this extended to Cherry Lane. I don't know if that was a result of Ada County Highway District's comments. I would imagine it was. Rossman: Yes, it was. ,Stiles: This formerly ended in a cul-de-sac here, and this street extended to Black Cat. I'm not aware of what the rest of the changes would be,. but it seems like those are the major differences. It had formerly shown this as a drainage]ot. It looks like it still is a Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 42 _ drainage lot. This is still shown as storage. This larger lot here. It looks like we could' - probably make a couple — two lots out of that. Hatcher: Thanks. Brown:, Mr. Chairman. Borup: Mr. Brown. Brown: Shari, have you talked with the applicant about these proposed (inaudible) with the stub to the land -locked parcel? Stiles: 'I had discussed it with Bob Unger just briefly. He was aware that was the direction I was heading. They don't want to lose any lots. I'm not sure what impact that would have on them. There's another entrance over here; I'm not sure if that's going to meet the offset requirements for Ada County Highway District, but it just seems like it — though it's not their problem. That problem exists. It seemed logical to make that request. Brown: Can you do the same thing just above the drain there at the end of that (inaudible) where the street (inaudible). I can't see a lot number. Stiles: It doesn't — Borup: Seven. Lot seven. Stiles: -- line up with the land -locked piece. The land -locked piece is further south. So they would still have to try to come through this property to make that connection. Brown: But isn't that where it would end up anyway is right there? I mean — Stiles: Down here? Brown: -- (inaudible) to the half street section right there at Lot 7? Stiles: What we were primarily thinking of is this property here would only have to give up 20 to 30 feet for half the roadway because the easement already exists. This property owner does want to develop it at urban density, and with the existing buildings on that site, they Would have to remove buildings in order to meet setbacks and still provide a public street. Rossman: Shari, what Commissioner Brown was mentioning, these might already exist on the piece of property, but if this project was to be approved and constructed, that — would not that easement —could not that easement be reduced? The distance from s Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 43 _ Cherry Lane to Tudor Street, thus only being required to be east of Lot 7? Because London Avenue and Tudor Street would be public roads; thus, the easement would only need to go from that land -locked piece of property to the public road. Stiles: The problem comes in that, what it initially came in with were acre lots; we've recommended that private roads not be approved serving more than four lots. if you were to develop this to an urban density, his property would have more than four lots and he would not have public road access unless he brought it in through here somehow. Brown: Okay. Stiles: Does that make any sense? Brown: What you say makes sense, but I don't understand what that'has to do with the easement up to the land -locked property. Stiles: The easement runs along this property line. The impact would also be that you've got double -fronting lots if you're running a road back behind these lots without a roadway — I mean with a public roadway, which would not be very desirable for those lots either. Borup: But aren't you assuming that he still wants to have access to Cherry lane? With this Stub street, he doesn't need access to Cherry Lane, does he? Stiles: No, but he needs public -road access. Borup: Well, he's got Tudor Street. Stiles: But you'd also have to have public -road frontage along, so they'd have this Stub street, but he would have to continue it in his project with a 50 -foot right-of-way (inaudible) frontage. Borup: Right. And what's the width of his project — of his property? Is it more than 250 feet? Stiles: I don't think so. }Are you going to measure it, Bruce? Freckleton: - About 320. Stiles: Is that including the little out -parcel there? Three -twenty? How much is it without it? Freckleton: About 210. Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 44 Stiles: Two -ten. Borup: I say 250. That gives you a 50 -foot road right-of-way and 100 -foot lots on each side. Stiles: But there's a house existing in here. There's an existing home — Borup: Right. But he's not going to tear that — well, it's irrespectful in how he's going to divide the property — Stiles: Yes. Right. Borup: -- I'm assuming he's going to leave that house. That would stay frontage on Cherry Lane, and then the new subdivision would tie in from Tudor and be replatted. If it's 300 feet, there's plenty of room to do that. Stiles: But it's still going to result in double -fronting lots because he's not going to want to have a space between the public road and his lots. If you ran a public — if you ran the public road — Borup: Oh, well. You're talking about assuming he wants to put a road down that easement. Stiles: Well — Borup:I'm assuming he — Stiles: -- if he were subdividing he's not going to extend this in here further and leave a buffer zone between the road and these lots. Borup: No. He'd extend that straight in a hundred feet and then bring his street down the middle of his property both ways. Stiles: Not at 210 — well, if it's 320 feet he could. Borup: Yeah. Okay. That's all the questions I've got. Commissioners? I think maybe Mr. Unger might spread some light on that, too. Was there anything else you — Stiles: Bruce, do you — Borup: -- yeah. On the sewer, then? I think that was where we left off last time was sewer serviceability. Meridian Planning and Zoning Committee Special Meeting September 14, 1999` Page 45 _ Freckleton: Mr. Chairman, members of the Commission, as you recall the report that we gave at the last meeting was that the north half of the project could be served by (inaudible) and the southern portion would have, as they proposed, would have taken some significant fill in the southern portion and an aerial crossing of Ten Mile Creek with the sewer. We expressed our undesirable comments about that and there was quite a bit of discussion and we went back to the developer, to the consultant, we had a meeting. They made some recommendations. Brad Watson, the Assistant City Engineer, did a considerable amount of calculations and study of this project, and he's here tonight and could probably explain to you everything that he's done and where we think this project could go. So, I'll turn it over to him. Borup: Okay, Brad. Watson: Thanks, Bruce. Mr. Chairman, Commissioners, as you may recall, I wasn't here at the last meeting, but hopefully it was explained that this, the north have of the project would be served by the Ashford Greens Lift Station which exists approximately a mile, three-quarters of a mile north just off of Black Cat. When that lift station was designed and sized, the north half of this project was included in -that service area. The south half is not. Primarily because of -Ten Mile Creek and the inability foe that portion to gravity' -flow north. We had a meeting, Bruce and 1, with the consultants last week. They produced four options to us. They recommended one option, and after much discussion with Gary Smith, City Engineer, Bruce and 1, we agreed to it with some additional recommendations. The future Black Cat trunk goes down Black Cat Road past this subdivision. There's a Ten Mile relief sewer trunk that follows roughly Ten Mile Creek and flows or goes upstream southeasterly to White Stone Estates. In their proposed option, they would construct that 24 -inch — 21 -inch trunk through their property along Ten Mile Creek. Gary and we agreed that would be a good option to get that relief sewer started; however, the flows out of this subdivision are so low, Gary recommended that they actually use a parallel eight -inch sewer to serve the subdivision; the 21 -inch would be dry -lined. We briefly talked with consultant about that, and they seemed agreeable. The second addition to their proposal would be that we have been developing a'trunk fee, a Black Cat trunk fee, and this property would be subject to that proposed fee. Obviously that hasn't been taken to Council yet. Preliminary calculations show that to be roughly $1500 per lot, give or take a couple hundred, and we would recommend that be included with each building permit. The third addition to their proposal would be that since this will be served by a lift station and maintained by the City of Meridian, thafthey enter into a maintenance agreement with the City; it will'cover the annual costs. We've done that on several other lift stations, and those agreements are pretty, standard. Borup: Thank you. Any questions for Mr. Watson? Would the applicant here like to make a presentation? Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 46' _ Unger: Mr. Chairman and Commission members, my name is Bob Unger. I'm with Pinnacle Engineers. We represent the applicant on this project which is Projects West. Our address is 870 North Linder Road, Suite B, Meridian, Idaho, and we are very glad to finally be before this commission since we started — supposed to have had a hearing on July 13th, and we've been tabled twice to this date. So, we are glad to be before you this evening. Shari did a pretty good job of reviewing the basics of the application itself, and Bruce and Brad, of course, on the sewer, and we do appreciate their assistance in working out the sewer issue on this property, which, by the way, are — the developers is in'agreeance with. He has no problems with their requirements with sewering the property. Initially, just to respond'to Shari's comments; as far as including the Ten Mile Drain as a part of the development, as a common lot, we were under the impression that we couldn't do that since we don't own it, but if the County Engineer says'that we can include it, then we certainly will. He is the authority .for Ada County as far as we're concerned as far as surveying and subdivisions, et cetera. The lot that we had - designated as a storage lot, that was strictly not for storage units, but for storage of RVs or boats for the people within the development. It was not to be any kind of commercial storage whatsoever. If this commission does not want it to be used for that purpose, then fine. We can probably develop three more lots there. So that's kind of your all's option. Our preference, �of course, was to have a specific area that the residents of the development could .store their boats and RVs, and that, of course, be fenced and landscaped appropriately. That would be your all's option, and if, in fact, you don't want it there, then we would request that we be permitted to develop those, we could probably get two, possibly three more lots on that piece of property. As far as our providing additional right-of-way to the eastern portion, to the eastern property boundary that we have, we're really not open for.that. We have run this through the highway district; in fact, the revised plan that you currently see before you is based on the highway district's recommendations. We had to move our entrance on Cherr/ Lane, we had to move that so that it was 440 feet from Black Cat. Our original entrance was 310' feet from Black Cat. So we had to shift that over to meet their requirements, and also the changing of the two streets to the south that were accessing Black Cat Road, we had to swap those because directly across from where we currently had the cul-de-sac there, directly across from that is a private lane, and they did not want us well, it's not directly across, it's close to it — and they did not want us to be within a.specific distance of that private lane. So we had to swap the cul-de-sacs and put the access to the south. So what you currently see before you right now meets ACHD's requirements. The Stub street to the east was reviewed by ACRD, in fact, we've discussed it with tech review with the highway district, and at that time Shari did bring up the problem with the land -locked piece of property, and the highway district staff agreed with us in that our Stub street could be continued on into the next piece of land and then continued south, when and if that eastern property develops. I think it's extremely important that we understand there's no application for development on this piece of property whatsoever at this point in time. This is all speculation.- And to put a requirement on us to provide 30 -foot of easement or right-of-way to assist them in accessing a land -locked piece of Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 47 property is totally inappropriate since we have no idea"what's going to happen there. If we knew what was going to happen there, then maybe we could see if we could work something out to assist everybody. Right now, we are providing as much assistance to that property to the east and to the south as we possibly can by providing a stub street. They will be able to gain access from that for their development when and if they decide to.do so. Of course; you do run into some other problems in that where you have landscaping, et cetera, who's going to maintain the landscaping of two different associations, homeowner associations, et cetera. So there are a lot of complications there, and we don't feel it's appropriate to require us to provide half of an access to property that we have no idea how it's going to develop or if it ever will. We are providing one access, and that is what ACHD has required of us and approved. And I've jumped ahead into all the details here instead of just reviewing the project itself. The project itself, the property is zoned R-4, and it was zoned many years ago as R-4. And we are proposing a 101 single-family lots. We've got seven open space lots. Our density is 3.47 units to the acre. These are all nice -sized lots. We are showing, or we have shown the plat along the northern portion of the Ten Mile Creek is a pedestrian path that we would develop and connect down to the Fuller Park property, and that . complies with your all's path plan. Certainly, the project itself is in compliance: with your comprehensive plan. It's in compliance with your city ordinances, your subdivision ordinance. We're not quite sure how we can go about including the Alp parcel that Shari pointed out into our subdivision. We understand that her concern is how do the improvements to the roads, et cetera, how does that occur when this is not a part of development. We don't own that land. We cannot bring it into a subdivision when we don't own it. Okay? Now; we could look at and consider possibly the improvements, but certainly, trying to bring in somebody else's piece of property into our subdivision is a requirement that's not proper; it's not correct. We don't own it. And a requirement that we include that into our development; in our subdivision, is a lot within our subdivision could kill the whole project if that guy didn't want to do it. Rossman: Which parcel are you talking about, Bob? Unger: My little pointer here doesn't work. Rossman: Oh. About the existing house? Right... Unger: And that is — you know, that is, would be a requirement that is above and beyond the normal standards. We have worked'out the sewer. Water is available, all utilities are available. All in all, this is a very simple project. It's a very good project. It's what your comprehensive plan has called for years. That's why the City annexed the property and zoned it R-4 years ago. I'm not exactly sure on the date. I understand it was somewhere near like 1979, or something to that effect, when it was annexed and zoned R-4. So what,we are providing here is a development that complies with the city comprehensive plan, the City's plans.for this area, and now that we've been able to ! 0 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 48 _ work out the sewer situation, we can comply with all of the standard subdivision conditions of approval that you would normally put on a subdivision, including the additional comments that Shari made, you know. The common lot for Ten Mile Creek. We don't have a problem with that. We do have a problem with trying to bring in that other person's piece of property into our subdivision. We could certainly look at the street improvements, if that is a concern. Borup: Okay. I think that summed it up. Any questions for Mr. Unger. Barbeiro:. Mr. Chairman, I've got a,question. Borup: Please. Barbeiro: Just out of curiosity, what is the approximate timeline of development for Phase I and Phase Il and the relationship of the portion of trunk line? Will that be done during Phase I or Phase II? Unger: Good question. Actually, the developer — his preference is to do the entire project at one time; not as two phases. We did show Phase I and Phase II in the event that we did run into snafu on the sewer; sewering the southern portion of the property; but now that that has been resolved, his intention is to go forward and develop the entire project as one phase and plat it all at one time. So those improvements would have to be in. But even if he were to phase it, or if he made a decision to go ahead and phase it, the trunk line that we're talking about would be a part of Phase I because it aligns with that there. So it would be a part of Phase I; the 21 -inch trunk line. Barbeiro: Okay. Unger: And those improvements have to be in prior to final platting or bonded for. Barbeiro: Okay. Thanks. That's the only question I have. Borup: Okay. Anyone else? Brown: Mr. Chairman. Borup: Mr. Brown. Brown: Bob, how much storage are you providing? What percentage? I mean, you're going to have'that storage; how are you going to allocate that as common space for — first come, first serve? Unger: Yeah. That's about the only way you can do it is first come, first serve. There's sufficient room there for roughly 25 vehicles which is only, that's only a quarter of the • 9 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 49 _ proposed units in the,project. Then again, some people like to keep theirs on"site and in their garage. "I know I keep my boat in the garage. It's a lot safer that way. Brown: Another question .l have is do you know when that property, the house was sold off and was it a legal land addition for Meridian? Unger: It was done under a record of survey actually this past year. Earlier this year. Brown: So it was recent sale? Unger: Yes. Brown: And does your client sell it off then? Unger: No. Our client didn't sell it off. Our client bought this property from (inaudible). Brown: With it being 'a recent sale, the highway district would require those improvements anyway, correct? Unger: Yeah. And that very well could be. Brown: If it were just sold off with under that year timeframe, then the highway — Unger: Right Brown: -- would require those improvements. Unger: Right. And they didn't comment to that, but, certainly, if that's a requirement that you folks like to put on it, then that's fine. We don't have a problem with that, and don't — I wouldn't imagine that they would have a problem with us making those improvements on their land there. The only problem that you run into, of course, is getting the right-of-way for those improvements because we are dedicating, I believe we're going 48 feet from center lane. That would be the only problem I could see that we could run into is actually getting the right-of-way from that person. Certainly we could look into that and see if they'd be willing to work with us on getting the right-of- way and doing the improvements. Borup: Anyone else? Okay. Thank you, Bob. Unger: Thank you. Borup: Do we have anyone here from the public that wish to comment on this application? See none. It's back to the commissioners. Commissioners want any Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 50 _ questions for anyone else? Bob, if you'd come back up, I just have a couple little summary (inaudible), I'm sorry. Unger. Once again, for the record, Bob Unger. Borup: Mr. Unger, from what I understood in your testimony, you're in agreement with everything as far as the sewer line worked out with Public Works Department, and essentially everything that Shari had mentioned as far as P & Z except for something different on the road to the property to the east, and maybe the complications of that out -property; is -that correct? Those two items are the only two items in question? Unger: Thanks correct. Borup: Okay. I just wanted to clarify that. And you did have a pathway planned through this property onto — Unger: Yes. Borup: All right. That's all I had. Thank you. Commissioners? We still have a public hearing open. That was all, thank you. Hatcher: Mr. Chairman. Borup: I move that we close the public hearing. Barbeiro: I second the. motion. Borup: Motion is seconded. Close the public hearing. All in favor?. MOTION CARRIED: ALL AYES Borup: Any opposed? Okay. Stiles: Mr. Chairman, am I to understand we got staff comments tonight verbally? Borup: Yes. Stiles: Okay. Rossman: Hopefully whoever wants to raise a motion will recite.them, because I don't think I want to prepare recommendations off of this record. Borup: Can we make reference back to the minutes and'incorporate those in? Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 51 Rossman: Well, gees. Then I go back to the minutes and try to recreate it from everything that's been testified to? Borup. No, no, -no, no. The minutes from Ms. Stiles. Rossman: From Ms. Stiles? Borup: That's only one person. Rossman: I don't particularly want to be put into that position because the Planning and Zoning Commission doesn't review these recommendations. They go directlylo City Council, so I need some particularity in the guidance that I'm getting from the Planning and Zoning Commission as to what goes into these recommendations to ensure that they're accurate. Borup: Okay. Well, I think that we can cover those. And we can talk to Shari to repeat any of those if we need to. I mean, maybe questions for us is the applicant only had two items that they questioned. One was on the — Stiles: But what were the items? Borup: The property that — the two items or the rest of the items? Well, we can cover those. Let's get a discussion of -- any question on the other two items? Any discussion on the other two items? Rossman: The discussion that I had on it is that I think that with the area that's proposed for storage of RVs and boats and whatnot, that that be maintained and go against Staff's recommendation and separating that into developed lots. Borup: Maintained by the homeowner's association? Rossman: Yes. It would be landscaped, fenced, just as proposed. I've seen that done successfully in other places, and I recommend that it should be maintained here. And I would also go against Staff on the easement issue on the east side of the development. Again, we're speculating on how someone else is going to do their development, and it has no impact on this project. I think that a change to the existing easement from Tudor to Cherry whenever they decide to develop it is down the line has no impact on this project, so I say that we strike that staff recommendation. Borup: Okay. • . l Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 52 Rossman: And I concur with Staff's recommendation that the improvements of the, existing lot west — on the west side of the existing lot, east side of Black Cat be continued on up through so it's a congruent — Borup: You're saying the sidewalk improvements? Rossman: Yes. The sidewalk. And then, the only other thing was the bike path. We have an on-going issue. I'd love to see it, but who's going to maintain it, and can we really do it if it's in Nampa Meridian Irrigation issue on liability? Borup: (inaudible) already said they would, so — Rossman: But if Nampa Meridian Irrigation won't let them, I mean, I'd love to have it in there. Borup: The City does have opportunity to work those details out. Okay. Any other comments for Commissioners before asking Shari a couple of questions? Barbeiro: How does that change in that and having that storage affect the zone? Borup: Shari, did you understand — I'm sorry. I just wanted to clarify, did you understand that with open storage or are you thinking storageFbuildings? Stiles: Open storage Borup: Okay. Thank you. Sorry. Barbeiro: Okay. With it being open space, is there a problem with that being storage under the zoning ordinance? Stiles: With the zone it's in, without it being part of a planned development, that would not be a permitted use on that lot. Storage, indoor or outdoor storage is not permitted in an R-4 zone. Borup: Is — Stiles: Had they come in with a conditional use permit as part of a planned development, they could certainly incorporate something like that, but it's strictly prohibited in that zone. Barbeiro: Including yards? Including storage yards? 12 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 53 Stiles: You're talking about the use of a single lot per one use and that use is not permitted. Barbeiro: Okay. Stiles: The other lots that their principal permitted use is single-family residential and that would be the same on this lot. Borup: So their option would have been to come in with conditional use? Stiles: Ora planned development. Borup: Or a planned or both? Stiles: A conditional use — -Borup: And a planned development. Stiles: -- or a planned development. Borup: Is that what Crestwood did? Stiles: Crestwood, the property that they have the storage lot on is zoned commercial. Borup: Oh. It's separate from the subdivision? Stiles: Yeah. Borup: But it's owned by the subdivision? Stiles: As far as I know. Borup: Okay. Well, then, did that answer that question? Brown: Then we split it into three and let them develop it. Borup: Yeah. Either that or come back with a new application. Stiles: It'd make a nice green area. Brown: All right. Any other questions? (inaudible) Shari, what about the out -parcel along that Black Cat, is that an allowed division? Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 54 Stiles: Mr. Chairman, Commissioner Brown', I don't know if that's a legal split or not. They would need to provide verification that that is a legal split. I don't think that's been split in the last year as far as I'm aware. It's shown on there '93 comp plan, map — Brown: Showing it split? Stiles: Yes. They would just need to provide verification that this was a in this configuration in 1984, which is when our subdivision ordinance was enacted. Brown: And what would they have to do if — Stiles: Provide a warranty deed of this same configuration; a recorded warranty deed. Borup: As we stated earlier, we want to get your conditions in the motion. Brown: Was there any other comments that Shari had that we haven't addressed? Borup: That's what I was -that and make sure we got all your items in the motion. I think make sure that included Ten Mile Drain as part of your (inaudible). How would you —would you like to run through just real quick? That might be easier. Brown: And Mr. Chairman, I also would like to have the conditions requested by Brad on the sewer specifically identified so that we can incorporate those. Borup: How about we have them number those down, real quick, one, two, three right down, and then we can incorporate that in our motion. Brown: Appreciate that. Borup: Could -Staff accommodate us that way? Stiles: I'll start on One. They need to add a note designating that all building — all lots are for single-family dwellings only. There are some dimensions that are left off, you know, dimensions that are left off some of the lots. They need to include the Ten Mile drain as part of the plat as a common lot with a note that it's to be owned and maintained by the homeowner's association. Oh. That was Two. I lost track already. Number 3, to provide evidence that the out parcel is a legal split through provision of a recorded warranty deed showing it was, in that configuration in April of 1984 Watson: And that evidence is to be provided to the Planning and Zoning staff? Stiles: Yes. That's Four? There are several lots shown on the preliminary plat that show frontage less than 80 feet. They need to be either revised to show the 80 -foot Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 55 frontage or have a symbol added to them showing which direction the house needs to face, and Iaguess that's all I had. And we would like, also, to have them provide detailed landscape plans of all the common areas for review and approval with submission of the final plat. , Borup: Thank you, and Brad, the items on the sewer? Watson: Thank you. There's actually one thing I forgot earlier. We'll keep adding to them. I guess I'm Number 6. The first is that they would construct a lift station to serve their entire project and only their entire —_only their project. Number 2, they would construct dryline 21 -inch relief, Ten Mile relief sewer from Black Cat Road to the southeast boundary of the project. That was seven, sorry. Number 8, they would utilize an 8 -inch internal sewer paralleling the 21 -inch to feed lift station. Nine, that once the Black Cat trunk fee is established and approved by Council, that those fees would be applied to -each building permit issued in this project. Number 5, the one I forgot, there are applicable late -comer fees on the existing Ashford Greens lift station, that they would be subject to all lots within this project.. And this isn't really a requirement, but a point of emphasis, this 21 -inch trunk would not be extended to serve additional properties until the actual Black Cat trunk is constructed. This is just our first step. Gary was very adamant that this could not be interpreted to allow further development with the existing lift station will be maxed out with this development. Borup: Okay. Thank you. Watson: Thank you. Borup: Mr. Freckleton has previously reminded me of one earlier. Watson: I don't know what number it is. T station maintenance fee would be in effect, later time and what that fee is. Thank you. ,n, eleven, something like that. The lift and those calculations will be provided at a Borup: Okay, Commissioners. Those are the staff items to be included, and I think that can be, incorporated as a single statement. Stiles: They just had to choose one of these meetings not to give a staff report. Borup: No. I'm saying I don't think we need to repeat all those. We can just incorporate those motions or those statements in the motion. Stiles: Okay. Meridian Planning and Zoning 'Committee Special Meeting September 14, 1999 Page 56 _ Rossman: I didn't officially, but I will. Mr. Chairman, I motion that we approve — recommend approval to City Council for preliminary plat of English Garden Subdivision by -Projects West at the corner of Ten Mile Road and Cherry Lane; to incorporate all staff comments at past meetings and verbally at this meeting, and I think that covers it all. Am I missing anything? Can we take out that past -meetings comment? Hopefully the conditions you're talking about are the ones that were just stated by Shari and Brad, hopefully. Hatcher: But, we had conditions that implemented Ada County's comments that we've seen here that we don't have here. There were other comments; correct, Shari? Borup: Can you say plat as presented to us? Hatcher: There you go. Plat as presented plus today's comments. De Weerd: I second that. Borup: I will motion a second. Any discussion? All in favor? MOTION CARRIED: ALL AYES Borup: Thank you. Borup: Item No. 3. Another continued — Brown: Mr. Chairman. Borup: Commissioner.Brown. Brown: The firm that I'm employed by has Item 3 and 4, and I'll need to (inaudible) and step down. CONTINUED PUBLIC, HEARING: ANNEXATION & ZONING OF 150.79 ACRES OF LAND (FOR R-4 ZONING) BY BEAR CREEK, LLC —EAST OF STODDARD ROAD & SOUTH OF OVERLAND (CONTINUED PUBLIC HEARING OCTOBER 12, 1999) Borup: Okay. Understood. Anybody want to join him? Probably so. Mr. Berg wants to leave to. Item 3 and 4, continued public hearing, annexation and zoning of 150.79 acres by Bear Creek, LLC. This was kind of in the same situation as English Gardens with the sewer question. I think when we left it last time, the instruction was that the applicant was going to try to get together with Public Works to discuss that. Would we like to start with Public Works first or with Shari? Let's open this -- we'd like to — well, MERIDIAN PLANNING & ZONING MEETING: September 14 1999 APPLICANT: PROJECTS WEST ITEM NUMBER: 2 REQUEST: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS 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 COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS No new information submitted V -Y-) ell gr 4,0 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. L - }DECEIVE g TO: Gary Smith Meridian City Engineer EP 14 X999 / Meridian Building Department 200 E. Carlton Avenue, Suite t 00 C I TY O F MERIDIAN Meridian, ID 83642 CITY CLERK OFFICE __ DATE: September 9, 1999 RE: English Gardens Subdivision, Dear -Gary: Bob Unger and I met on September 8, 1999 with Brad Watson and'Bruce Freckletoin of your office - to discuss issues regarding sewer for the southern portion of the _above project. Brad has been concerned about the ability of the City to service this area and our 'goal is to provide the City with sufficient information and options to allow this project to move forward in the approval process. It appears to me that the most significant obstacle we have to overcome is' the' fact that' the current sewer line in Black Cat Road is a temporary line pending the construction of a 42" trunk line. As such, any solution we may agree on will necessarily be at least partially temporary in nature and the effect on the permanent system will need to be considered by the City. Brad stated that serving this project alone is -not the problem, the problem is the combination of projects which are all in the approval process arid have similar temporary solutions proposed. While our firm and the developer of this project cannot solve the overall problem for the City, we are "providing options for this project so a satisfactory solution can be reached which fits the City's overall plan. I would like to point out that a significant difference between this project and others trying to get sewer service is that this property is currently within the; city limits and zoned for `the proposed use. The facts as I understand them to date are: _ 1. The property is within the city limits and zoned R4. _ 2. A 12" sewer line has been constructed to a point approximately 2000 feet north of the intersection of Black Cat Road and Cherry Lane. _. 3. The 12" sewer line empties into a lift station in Ashford Greens Subdivision. 4. The design of the lift; station included the northern portion'of `this project but not the portion south of the Ten Mile Drain: - 5.1 A 42" trunk line running south in Black Cat Road would provide the ultimate service for the southern portion of the property. 6.' The 12" sewer line can service the northern portion of the property by gravity flow. 870 NORTH MIDBR 8U1E B IDA:HO 8ac=_2 � (22,8) 887-77e-0 , FA:; {20$) 887-7731 7. The 12" sewer line can service the southern portion of the property only with an aerial crossing of the Ten Mile Drain and significant engineered fill or by use of a temporary lift station. Options I see for serving this property are: - 1. Extend the 12" line down Black Cat Road, serve the project by gravity flow using__ engineered fill and an. aerial crossing of the Ten Mile Drain as was proposed in our. original submittal. 2. Serve the northern portion of the project by gravity and install a temporary lift station to serve the southern portion with a force main crossing of the Ten Mile Drain. ,- = 3. Construct a portion of the Black Cat Trunk within the project and serve.both portions. of the subdivision off of the Trunk. The Trunk line would empty into a temporary lift station which would force main north on Black Cat to the existing 12°' line and the,-, Ashford Greens lift station. Brad has some concerns with the flow characteristics of chaining lift stations but I am confident that we could provide a solution using storage tanks and/or variable speed pumps. 4. Develop only the northern portion of the project at this time and develop the southern portion when the Black Cat Trunk becomes available: Our preference would be option 3: - 1. It allows the developer to complete his project. - 2. It provides for a portion of the Black Cat Trunk Development, a benefit to the City. As I understand the City has no current means for funding the Trunk constructions 3. It may allow further development in the area if properly designed A possible scenario _ is that developers who connect to the system would pay an additional fee for the - - construction of the Trunk to Cherry Lane, 4. It avoids construction of more temporary 12" line in Black Cat that will need to be abandoned at a later date. 5. It removes the need for the engineered fill on the site. We understand that there are issues beyond this project that may cause the City to refuse to provide sewer service to the southern portion of this project: If that is the case, the developer would like to _- - be informed of that decision by the City. In other words, I believe that several engineering soIutions._ are available to adequately serve this project but city planning issues may negate the use of these solutions. (001�IN , TF15 - - - T0: Gary Smith HKEIVE D - Meridian City Engineer SEP 1 4 1999 Meridian Building Department 200 E. Carlton Avenue, Suite 100 CITY OF MERIDIAN Meridian, ID 83642 CITY CLERK OFFICE DATE: September 9, 1999 RE: English Gardens Subdivision Dear -Gary. 'Bob Unger and I met on September 8, 1999 with Brad Watson and Bruce Freckleton of your office to discuss issues regarding sewer for the southern portion of the -above xprcject. -Brad has been concerned about the ability of the City to service this area and our goal is to provide the City with sufficient information and options to allow this project to move forward in the approval process. It _appears to me that the most significant obstacle we have to overcome is the' fact' -,that the current - sewer line in Black Cat Road is, a temporary line pending the construction of a 42 trunk line. As such, any solution we may agree on will necessarily be at least partially temporary in nature and the effect on the permanent system will need to be considered by the City.: Brad stated that serving this project alone is not the, problem, the problem is the combination of projects which are all in the approval process and hve similar temporary solutions proposed. While our firm and the developer of this project cannot solve the overall problem for the City, we , are providing options for this - project so a satisfactory solution.can be reached which fits the City's overall plan. I would like to point out.that a significant difference between this project and others trying to get sewer service is -that this property is currently within the city limits and zoned for the proposed use. The facts as I understand them to date are: 1: The property is within the city limitsand zoned R4.-- 2. A 12" sewer line has been constructed to a point approximately_2000 feet north of the intersection of Black Cat Road and Cherry Lane. _ 3. The 12" sewer line empties into a lift station in Ashford Greens Subdivision. - 4 The design of the lift station included the northern portion of this project but not the portion south of the Ten Mile Drain.' 5. A 42" trunk line running south in Black Cat Road would provide the ultimate service for the southern portion of the property. 6' The 12" sewer line can service the northern portion of the property by gravity flow. 870 NOR'i`H IRMER SU'TE B 1 MS INT IDAH-0 83c-'-2 (2018) 887-77PE-0 FAX(308) 8�87-778 1 ,_ l 7: The 12" sewer line can service the southern portion of the property only with an aerial - crossing of the Ten We Drain and significant engineered fill or by use of a temporary. lift station. Options I see for serving this property are: L Extend the 12" line down Black ,Cat Road, serve the project by gravity flow using = _ engineered fill and an aerial crossing of the Ten Mile Drain as was proposed in our, original:submittal. ; 2. Serve the northern portion of the project by gravity and install a temporary lift station to serve the southern portion with a force main crossing of the Ten We Drain. 3. Construct a portion of the Black Cat Trunk within the project and serve_bothJportions.; of the subdivision off of the Trunk The Trunk line; would empty into a temporary lift station which would force, main north on Black Cat to the existing 12' line and the . Ashford Greens lift station., Brad has. soiree concerns with the flow characteristics of . _- - chaining lift, stations but I am confident that we could provide a solution using storage -` tanks and/or variable speed pumps. 4. Develop only the northern portion of the. project at this time and develop the southern _ portion when the Black Cat Trunk becomes available. Our preference would be option 3: 1. It allows the developer to complete his project - 2 It provides for a portion of the B1ack,Cat Trunk Development, a benefit to the City ' As I understand the City has no current means for funding the Trunk construction 3. - It may allow further development in the area if properly designed. A possible scenano - is that developers who connect to the, system would pay an additional fee for the - construction of the Trunk to Cherry Lane. - 4. It avoids construction of more temporary 12" line in Black Cat that will need to be abandoned at a later date: 5. It removes the need for the engineered fill on the site. We understand that there are issues beyond this project that may cause the City to -,refuse toprovide sewer service to the southern portion of this project.- If that is the case, the developer would like to be informed of that decision by the. City. In other words, I believe that several engineering solutions__ are available to adequately serve this project but city planning issues may negate the use of these solutions. MERIDIAN PLANNING & ZONING MEETING. AUGUST 25 1999 APPLICANT: PROJECTS WEST ITEM NUMBER: 2 REQUEST: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS 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 COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES SEE ATTACHED COMMENTS 0,4,, q� 911 q OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning an#ping Commission Meeting July 13, 1999 Page 62 De Weerd: Which seems to be tradition. Borup: Well we've got a short meeting tonight. Why don't we do it tonight because we're not going to have much time next time. MacCoy: What do you want to do then? Do you want to table this to a certain date or do you want to continue the public hearing? De. Weerd: We have to continue the public hearing wouldn't we since the applicant hasn't presented? Okay, then I will – since I already said I withdraw my motion, I will re- enter my motion to continue to September 14ch MacCoy: What's that date? De Weerd: Yeah, that's our regular meeting. I'm not calling any special dates. MacCoy: Okay, continue to September 141h. Borup: I assume the applicant is going to be in contact with staff on this issue? Barbeiro: I second the motion. MacCoy: Okay we got a second the motion. We have a continuation to September 14th. Any discussion? All in favor? MOTION CARRIED: ALL AYES. ITEM 16. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION—BY PROJECTS WEST—CONSISTING OF 101 BUILDING LOTS ON 31.94 ACRES --SOUTHEAST CORNER OF BLACK CAT ROAD AND CHERRY LANE. De Weerd: Mr. Chairman, I move we continue the public hearing for English Gardens Subdivision to August 25th. MacCoy: Okay. August 25. All right. Now we are going to hold 17 till we get finished with Item C and the five issues of that. Get that behind us. De Weerd: We added them as number 18 though. I did in my motion. Borup: Let's change it to 16-1/2. (Inaudible) De Weerd: The County Items. Meridian Plannm andIrnn Commission Meeting 9 9 9 July 13, 1999 Page 63 MacCoy: Oh, that's, I just want to put 17—okay do it in reverse then. We'll go to 18 and go back to 17. What do you want to do with Items 1-5. Shari made a comment on these. De Weerd: 1 notice on number 2, the fire department is recommending denial on that. MacCoy: Yes. Borup: It's the same thing they did last time. barbeiro: They are all (inaudible) if I'm not mistaken. Borup: Shari you had commenfs on Items 2, 3, 4 or 2, 4, 5? Stiles: One question I have has everyone here looked at all these applications? MacCoy: I did Borup: Yes. Stiles: Did you have any comments on what Tim and Carol Mussel[ are proposing? To tell you the truth, with the work load that we've had, we have not even looked at these. We have enough problem with what we have inside the City or wanting to be inside the City. Borup: My understanding on Mussell, he was just wanting to add another item to their selling to the existing business. They weren't talking about building a new building or anything else. They just want to sell some feed within one of their existing buildings there. MacCoy: Except the comment that Shari made, I guess Shari made, is that they had not complied with the past material that we had requested when they came through last time. Is that what you said Shari. Stiles: That was probably the Fire Department. MacCoy: Is that where I saw that? Barbeiro: It was the Fire Departments notes that they— Stiles: I would like to see at some point that this Victory Greens area would comply with some form of our ordinance. It started out with just a landscaping business, they stuck the drilling business on there, now their going to have Joe Up and Go there with his little drive through expresso. Meridian Planningand tKingCommission Meetin 9 July 13, 1999 Page 64 MacCoy We approved that. Stiles: I just don't know where it ends and"I don't --1 don't know maybe we write a comment about entrance corridors. Ask that they pave their driveways and park lot. Same as we would ask of anybody in the city, and also that they comply with whatever the Meridian Fire Department wants them to do. MacCoy: What's wrong with that? They have asked for our opinion. That's our opinion. De Weerd: Will you please write that up and send it? Borup:,. I guess it's up to the County to do what they want to do.. MacCoy: Weil, they have asked for our opinion. And we will give them our opinion and they do what they want any way. So I don't know. I think we ought to say that. Stiles: Then we can correct the spelling of the Fire Marshall. MacCoy: Okay, what's your desire here? Borup: Oh I thought that was to have Shari write a letter stating,the same concerns. MacCoy: Okay. Does every one agree to that? All right good. Borup: 1 don't think it's an objectionable place. As far as landscaping entrance corridor. They've got some nice trees there.. Granted they're temporary. MacCoy: I think she's got a point. They just keep coming back, adding more. I think we ought to say what we want to say. All right that's Item 2. Stiles: Country Corner probably started out this way too. MacCoy: Okay what do you do with Item 1. Barbeiro: Mr. Chairman. In regards to Item 1, 1 would like to defer to the Fire Marshall's notes and forward to the County that the Meridian Planning and Zoning Commission does not approve this. MacCoy: Okay is everybody in accordance with that? Shari you got that? Borup: So they are saying they don't want any type of commercial business out in the county that is not fed by a water line? Meridian Planning andIning Commission Meeting July 13, 1999 Page 65 MacCoy: There isnot way to control it, I guess. They have no way to protect it. That's what they're talking about. Stiles: From my recollection from discussions I had with Skip, he believes there was a promise made when that business first came in that they would have a pond capable of providing fire flows and that they would also have some kind of a— Borup: We're on IteM 1. Stiles: Oh sorry. One? I didn't even know we were doing one. Weren't we on two a minute ago? (Inaudible) Borup: You were going to write a letter telling— Stiles: Oh I though you only put 2,4 and 5 on the end here. De Weerd: We put them all on. Stiles: Oh, okay. Sorry. MacCoy: So we're back to Item 1. Borup: And the Fire Department says that they don't want to be permitted because there is no fire hydrant there. So they're saying anything out in the country is automatically out as far as they're concerned? MacCoy: I don't know. If you build a barn out there I guess=- Borup: So what are the options. There is other business built out—are they required to have a water storage tank or something on property—I know there is a church down Locust Grove that has a big—and I assume that's what that is. MacCoy: What gets me is there is a church there all ready and they are putting in a mortuary. And what in a mortuary can burn. Borup: Well that's like any public facility, they probably have services in there and they've got employees in there, but other than that, I mean— MacCoy: Right next door to it they've got a church. There must be water from someplace down there. Borup: I don't think the church does, any more than - Meridian Planningand ItingCommission Meetin 9 July 13, 1999 Page 66 MacCoy: You think the church is there without any water. Borup: Well that was put in back in the 70's. They probably did not have the same requirements then. Stiles: They don't list anything for water supply. Borup: On"this. You mean for the mortuary. Stiles: Am I on the wrong item again? Borup: No! The only water supply would have to be well. Stiles: And fire flow required is 2750 gallons per minutes for 2 hours. Borup: So they could put in a big well. MacCoy: That's a big well. I don't know what they are going to spray. Borup: Okay. Stiles: Just forward our Fire Department comments? MacCoy: Okay. Item 2. Item 3 was to do with — De Weerd: I don't know what 3 was. Barbeiro: Neither do I. Borup: Three—what they wanted to do —1 thought they were doing the babysitting thing or child care thing. Stiles: Number 3? No that was something else. They are asking for to allow the approval of the Federal Aviation Administration. That was on the sale towers. Borup: That makes a lot of sense. So they don't have separate towers up there. MacCoy: I knew I had written something someplace. Stiles: But they recommended denial, so I--- Borup: Who recommended denial? Stiles: Ada County Planning and Zoning Commission, I believe. Meridian Planningand (kingCommis ion Meetin s 9 July 13, 1999 Page 67 Borup: Why? MacCoy: That doesn't make sense. Borup: They want them to put up separate towers rather than something that is all ready in existence. c Stiles: No. What they are asking is that they would allow the FAA, Idaho Bureau of Aeronautics, Boise Airport Director to give their approval of these wireless facilities after the Planning and Zoning Commission. Apparently the Planning and Zoning Commission for Ada County is requiring those approvals before they even consider the facility. That is really what they are asking. Borup: So do they have to get those other approvals anyway? Stiles: Well they would eventually, yes. Borup: So what difference does it make? MacCoy: Item 4 —this is a residential development. Borup: Do we need to do any action on that? No comment or on the tower antennas. MacCoy: I'd just say no comment. I don't think it's anything we should be into anyway. Borup: Well I think (inaudible) MacCoy: Well I thought the proposal was okay. No comment. De Weerd: We've already denied it. MacCoy: That's what it says. I don't understand the process. Stiles: We don't care. MacCoy: Item 4 is a non farm plan resident development. That's kind of a strange arrangement here. 15 buildings on this property. Borup: They must have a lot of open space or something, cause how many acres do they have? MacCoy: He said it's 1.1 per building—acre per building --must be a lot. Borup: It's about 76 acres and they are only putting 15 one acre lots on it. Meridian PlanningandInin Commission Meeting 9 9 July` 13, 1999 Page 68 MacCoy: Of course that will be by septic tank and,well. Average size of building is 1.1 acre. Stiles: Does everybody understand what these non-farm developments are? Borup: Oh that's—okay—right. Stiles: They allow them to develop 20 per cent of the property as one acre lots provided there is a 15 year deed restriction on the remainder of it, that remains as common area. I still don't think Central District Health approves the one acre lots. We are coming into a lot of these non-farm developments where, especially if they but up to Boise, now they are trying to re -subdivide what they had the deed restriction on so that they can just develop the entire rest of it before the 15 years is up. I would like to just give our comments to what our stance is on those areas. it's still 10 acre minimum. MacCoy: Go ahead. Yeah number 4. 1 agree with that. Ok number 5 is—that was a daycare center. In the existing church. Borup: Pre school facility. Stiles: I don't have any information from the Fire Department. I would like to get his comments on what he thinks about this. And also that we would have to reevaluate their sewer and water assessments. And they should still have sidewalks. De Weerd: Yeah. They should put sidewalks in if this were approved. Stiles: Now they will be.walking for to the park. MacCoy: Are you okay with items 1-5 Shari? Stiles: Do you have any comments on number 5? MacCoy:. I agree with what you just said. Borup:, They.are looking at 24 students max. Stiles: We'll submit our comment to tile all the ditches and put in a sidewalk in. Borup: Isn't that what they agreed to do all ready? Stiles: No. They withdrew their application because they did not want to comply with City Ordinance. Borup: Oh that's right. They never annexed. Meridian Planning andaing Commission Meeting July 13, 1999 Page 69 De Weerd: Make they file the ditch. There will be a danger to the kids in preschool. Open ditches.. Unless they are fenced off. They can build a chain link fence along those ditches. (Inaudible) Stiles: What really do you want me to write? De Weerd: That we feel for the safety of the kids that those ditches should be tiled and as well as paved sidewalks. Borup: Worth a try. MacCoy: Does that take care of 1 through 5 now? Can I go on to Item 17? ITEM 17: DISCUSSIONIVOTING OF CHAIRMAN --PLANNING AND ZONING COMMISSION ONE TERM ANNUAL VOTE: MacCoy: First place l was sorry to lose Byron and I tried not to have it happen. You have a letter in your file that we all received today. He's got the wrong slant, unfortunately. I am the perpetrator's messenger that got shot is what happened on this case. Mayor the Council had their discussion with the attorney's and they would have had this thing settled a week ago, and they failed to do so'and so in the aftermath of what they didn't do, they then came and said the Mayor came and called me in and said that l should do that thing. I have no—I checked with Gigray before I did it, and he said you have no jurisdiction and you've got to do what the Mayor tells you to do. So I said, okay. So I went and said do I have any option and the Mayor said no. You do this,- so I did that. I told Byron that you know he really hung himself out there, unfortunately. This is not the first time and they have already noted all that stuff. He asked what do the rest of the people thought of it and I said, well, he asked me the question, were any of you disturbed by what he had to say. I said yes. I said that is not the conduct of a Commissioner. He said that he apologized to me over that and —but I did not expect him to do this. I thought we were going to go into a discussion and I had the hopes that no other assurance that the Mayor and the Council were going to settle the situation. But it was out of our hands. It was already been determined. Borup: What was it the Mayor asked you to do? MacCoy: Tell him to miss tonight's meeting,based on— Borup: The whole meeting? Why would missing the whole meeting be necessary? MacCoy: Well, he was worried about Cobblestone. Borup: Can't he just refrain from commenting on that one application? i R c�=IVED J U L 2 9 1999 Wi . PLA-:,qrNING & ONIN( _4claCountu,.Ric Gua" iitrict Sherry R. Huber, President318 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 e-mail: tellus(@achd.ada.id.us July 1 5, 1999 TO: Pinnacle Engineers, Inc. 870 North Linder, Ste B Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: Preliminary Plat -English Gardens/MPP-99 1 Black Cat Road/Cherry Lane On July 7, 1999, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street constriction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the DiTlc-�,1 fVguarantee the completion ofconstruction of all street improvei Rs. y J U L 3 0 1999 C rer_ . City G'1ern �ffint e t7 1e- Y�7 0 July 15, 1999 Page 2 3. Furnish copy of Final Plat shoving street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat review fee for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 387-6170, should you have any questions. SA cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi City of Meridian } r 0 ADA COUNTY HIGHWAY DISTRICT Planning,and Development Division Development Application Report Preliminary Plat - English Gardens/MPP-00-011 Black Cat Road/Cherry Lane English Gardens is a 101 -lot residential subdivision on 31.9=1 -acres. The site is located at the southeast corner of Black Cat Road and Cherry Lane. This development is estimated to generate 1,100 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Black Cat.Road Cherry Lane ACHD Commission Date - July 7, 1999 - 12:00 p.m. V U � - i al -� - _ �- /� C Ty /�• p �- �: 1 Q y� Er L e� r r rH•e '��r Qpr pg 1 /- Cy�p�3S2`Rf��s�4a��nP��� a a. Si�litt� ¢l 6y��f�sa �!xi 3C�Pq{RpJ •' 1 1 I I ii i 1 C4,' fi;�7ye At R �_ I ra YCy 31 1il If1 t 1: p i� j:- • : A 7 Q @ n y 1 1 . r•, #ILI < �• C 51vf0 > o..•el•*,Dopg©s.pge..@@sea'i3tg00 z a3 E5 f�,N o B 77,4 �t;ttA ' t3 3 Cv ENGLISH GARDENS SUBDIVISION PINNACLE P R E L 1 -M I NARY P LAT Enzlneere. Inc. a•"' .. ....""'."" F— rZ O J E CTS WEST w PINIOCLE ENGINEERS INt z 870 N. CINDER -ROAD, SUITE B MERIDIAN, IDAHO 83642 3 LU PH (208) 887-7760 FX (208) 887-7781 Hose . 8W �0ca� S CO a gl g 1- cY PINNIA(IE Engineers, Inc. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: WE ARE SENDING YOU Zf Attached ❑ Shop drawings ❑ Blueprints ❑ 11 x 17 Drawing(s) �6-3 1/2" disk ❑ Copy of letter ❑ Change Order .b � .. LETTE91OF TRANSMITTAL ❑ Under separate cover via ❑ Sepias/Vellums ❑ Calculations ❑ Mylar/Ammonia Mylar O DESCRIPTION®r� c� 0 0�ME- THESE ARE TRANSMITTED as checked below: ❑ For review ❑ No exceptlons`taken JOW NO:CC/ G ATTENTION: ❑ As requested ❑ Revise and Resubmit ❑ For review and comment ❑ ❑ FOR BIDS DUE v � �- : �f •J� ❑ Under separate cover via ❑ Sepias/Vellums ❑ Calculations ❑ Mylar/Ammonia Mylar O DESCRIPTION®r� c� 0 0�ME- THESE ARE TRANSMITTED as checked below: ❑ For review ❑ No exceptlons`taken ❑ For your use ❑ Make corrections noted ❑ As requested ❑ Revise and Resubmit ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ Specifications ❑ Feld Report _ the following items ,d'8-1/2 x 11 Drawing(s) ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected =prints ❑ PRINTS RETURNED AFTER LOAN TO US Facts and Findings: A. General'Information Owner - Projects West Applicant - Bob Unger, Pinnacle Engineers R-4 - Existing zoning 31.94 - Acres 101 - Proposed building lots 273 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Black C'tt Road Minor arterial with bike lane designation Traffic count of 938 on 8-26-97 1,260 -feet of frontage 50 to 80 -feet existing right-of-way (25 to 40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Black Cat Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. C'hea:y T ane Principal arterial Traffic count of 3,603 on 8-26-97 1,290 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) No additional right-of-way required Cherry Lane is improved with a 5 -lane street section with curb, gutter and sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. 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. D. The applicant is proposing to construct Blue Creek Street off Black Cat Road, located 400 -feet north of the south property line between Lot 2, Block 10, and Lot 2, Block 14. Sunfish Lane is located approximately 85 -feet north of the proposed roadway. Staff recommends that the applicant extend Big Creek Street to intersect Black Cat Road between Lots 11 and 12, Block ENGGARD.CMM Paque 2 14, instead of extending Blue Creek Road to Black Cat Road. The applicant would be required to provide a turnaround at the new terminus of Blue Creek Street. Staff is recommending that Big Creek Street be extended to Black Cat Road instead of Blue Creek Street so that adequate separation can be maintained from Sunfish Lane. E. The Big Creek Street entrance off Black Cat Road should be designed with 21 -feet ofpavement on either side of a,center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of- way plus the additional width of the median. F. The applicant is proposing to constrict Tudor Street off Black.Cat Road located approximately 670 -feet north of the south property line, between Lot 6, Block 1, and Lot 2, Block S. The location of the road meets the required 150 -feet offset from Sunfish Lane. G. The applicant is proposing to construct Stratford Avenue off Cherry Lane approximately 250 - feet east of Black Cat Road. District policy requires that the roadway is located a minimum of 440 -feet from the intersection. The proposed location of Stratford Avenue does not meet District policy. Staff recommends that the applicant extend Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -foot offset from the intersection can be maintained. The applicant would be required to provide an ACHD approved turnaround at the new terminus of Stratford Avenue. H. The new main project entrance off Cherry Lane, Wales Avenue, should be designed with 21 - feet of pavement on either side of a center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. .• The applicant is proposing to locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. The location of the'road meets the required 220 -foot offset requirement from Golfview Drive on the north side of Cherry Lane. J. The main project entrance off Cherry Lane, London Avenue, should be designed with 21 -feet of pavement on either side of a center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. K. There is an existing single family dwelling with a driveway on Black Cat Road, approximately 315 - feet south of Cherry Lane. District policy`requires that' driveways on Black Cat Road be offset a minimum of 315 -feet from Cherry Lane. This driveway meets District policy. The driveway should be paved 16 to 20 -Feet wide and at least 20 -feet beyond the edge of asphalt of Black Cat Road. L• The applicant should be required to construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right-of-way on Black Cat Road abutting the parcel, including the out -parcel on Black Cat Road. Coordinate the location, elevation and grade of the sidewalk with District staff. ENGGARD.C,NINI Pa_e 3 0 0 M. Unless otherwise approved, the applicant should be required to constrict all public roads within the subdivision as 37 -foot street sections with curb, gutter, and 4 -foot wide concrete sidewalks within 50 -feet of right-of-way. N. The applicant is proposing to stub Tudor Street to the east property line between Lot 7, Block 6 and Lot, 7, Block 9. District Staff supports location of the stub street. O. The applicant is proposing to stub London Avenue to the south property line between Lot 9, Block 11 and Lot 21, Block 14. District Staff supports location of the stub street. P. As required by District policy, restrictions on"the width, number and locations of driveways, may be placed on future development of this parcel. Q. 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: Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting'the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. ?. 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. 3. Extend Big Creek Street to intersect Black Cat Road between Lots 11 and 12, Block 14, instead of extending Blue Creek Road to Black Cat Road. Provide an ACHD approved turnaround at the new terminus of Blue Creek Street. Submit'a design of the turnaround for review and approval by District staff. The main entrance of Big Creek Street shall be designed with 21 -feet of pavement on either side of a center median and shall be constricted a minimum of 4 -feet wide'to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of the median. 4. Extend.Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -Foot offset from the intersection can be maintained. Do not extend Stratford Avenue to Cherry Lane. Provide an ACHD approved turnaround at the new terminus of Stratford Avenue. Submit a design of the turnaround for review and approval by District staff. ENGGARD.C,MNI Paue 4 0 0 5. The entrance of Wales Avenue off Cherry Lane shall be designed et of either side of a center median and shall be constricted a mini mm�of 4 -feet ith 21- evide toatota(a tion square foot area within 54 -feet of righi-of-way Pius the additional width of the 00- median. 6. Locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. Th entrance shall a designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of rio of -way plus the additional width of the median. ght 7• The existing single family dwelling driveway on Black Cat Road, located approximate) feet south of Cherry Lane, is approved with this application. Pave the driveway16 20-feet1, wide and at least 20 -feet beyond the edge of pavement of Black Cat Road and installoi5foot radii pavement tapers. ` 8; Construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right-of-way on Black Cat Road abutting the parcel, including the out -parcel on Black Cat Road. Coordinate the locatio elevation and grade of the sidewalk with District staff. on, 9. Construct all public roads within the subdivision as 37 -foot street sections with curb gutter, and 4 -foot wide concrete sidewalks within 50 -feet of right-of-way. 10. Extend Tudor Street to the east property line between Lot 7, BIock 6 and Lot 7, Block 9. 11. Extend London Avenue to the'south property line between Lot 9, Block 11 and Lot 14. _ 1, Block 12• No direct lot access to Black Cat Road has been proposed with this application to Lots 11 and 12, Block 14, and none is approved. 13. No direct lot access to Black Cat Road or Cherry Lane has been proposed with this a licati to Lot 2, Block 1, and none is approved. PP on 14. Other than the main project entrances specifically approved with this application, direct lot o parcel access to Black Cat Road or Cherry Lane is prohibited. Lot access restrictions, as r required with this application, shall be stated 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 ACHD Planning and Development Supervisor. Iht sh_111 CRPrifi i AC`Hn �nRltn�cc;nn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. ENGGARD.ClNINI Pate 5 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 azenda 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. After ACHD Commission action, any request for reconsideration of the 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. Th qu re est for reconsideration shall speci v entifv h r nuirement to be reconsidered end inci���� writt n dQcLimcotati data that was not avoilahlP tQ tU Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regu.ilar 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 #I88, 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, Construction 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. 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. 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. 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 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 ENGGARD.CNtNI Pa -e 6 property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is'sought. Conclusion of Law: - 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden-on the existing vehicular and pedestrian transportation system within the vicinity impacted by'the proposed development. .;Should you-have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Date of Commission A tion- Steve Arnold July 7_1999 ENGGARD.CNlM Pa,,e 7 RFcENED MEMORANDUM: AugA tg:9 x91299 City of Meridian To: Planning & Zoning Commission, Mayor & Council City Clerk Office From: Bruce Freckleton, Assistant to City Engineer �C Re: ENGLISH GARDENS SUBDIVISION - Request for Preliminary Plat Approval for 101 Single-family Residential Building Lots on 31.94 Acre by Projects West 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: 1. This proposed project is at the southeast corner of Cherry Lane and Ten Mile Roads. The application was originally scheduled for the July 13, 1999 Planning & Zoning Commission meeting. Staff requested that the application be continued until such time that a detailed computer analysis be completed to determine sewer serviceability. Attached you will find a copy of the 8/13/99 results memorandum from Assistant City Engineer Brad Watson, and a letter dated 8/17/99 from David Bailey, P.E., Pinnacle Engineers. Also attached is a 8/20/99 memorandum from Assistant City Engineer Brad Watson, which is a rebuttal to the 8/17/99 Pinnacle Engineers letter. As you can draw from these correspondence, the sewer serviceability of the southern half (Phase II) of this development is far from settled. Staff hereby requests that this item be continued in order to give the applicants engineers time to consider the serviceability issue based upon the contents of Assistant City -Engineer Brad Watson's memorandum. EnghshGwdens.PP.doc PP -99-011 0 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 RFcENED MEMORANDUM: AugA tg:9 x91299 City of Meridian To: Planning & Zoning Commission, Mayor & Council City Clerk Office From: Bruce Freckleton, Assistant to City Engineer �C Re: ENGLISH GARDENS SUBDIVISION - Request for Preliminary Plat Approval for 101 Single-family Residential Building Lots on 31.94 Acre by Projects West 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: 1. This proposed project is at the southeast corner of Cherry Lane and Ten Mile Roads. The application was originally scheduled for the July 13, 1999 Planning & Zoning Commission meeting. Staff requested that the application be continued until such time that a detailed computer analysis be completed to determine sewer serviceability. Attached you will find a copy of the 8/13/99 results memorandum from Assistant City Engineer Brad Watson, and a letter dated 8/17/99 from David Bailey, P.E., Pinnacle Engineers. Also attached is a 8/20/99 memorandum from Assistant City Engineer Brad Watson, which is a rebuttal to the 8/17/99 Pinnacle Engineers letter. As you can draw from these correspondence, the sewer serviceability of the southern half (Phase II) of this development is far from settled. Staff hereby requests that this item be continued in order to give the applicants engineers time to consider the serviceability issue based upon the contents of Assistant City -Engineer Brad Watson's memorandum. EnghshGwdens.PP.doc PP -99-011 P Memo To: Bruce Fnecklelon From Brad Watson, P.E. M. File umv. 08/13/99 Re: English Gardens I reviewed the design information for the Ashford Greens lift station and it appears it' could accommodate the 5outhem half of the proposed English Gardens project although it was not in the design service area. However, a larger third pump would ultimately have to be installed in the lift station than was originally planned. to service the south half of English Gardens. Right now, only two pumps are installed with space for the third in the future. With' Golfview now planning to connect to this line and the pending development of Tumberry #2, the remainder of Ashford Greens and the north hall of English Gardens, it may be nearing time to install the third pump. Consequently, I believe it would be up to the applicant to reimburse the City for over -sizing the third pump. I do not have differential cost figures for this yet The bigger question concerning this proposed development is how gravity sewer will even get to the southern half of the project Preliminary sewer profiles show it either within a couple of feet of grade or even coming out of the ground. It appears from the applicant's submittal the southern half of the proposed project is largely un -severable without substantial and widespread engineered fill. Additionally, the preliminary profiles show an aerial sewer crossing of Ten Mile Greek. This is not desirable and likely not acceptable. LA0 0 Page 1 Frohn the deako£.. Brad Watson. P.E. Askant City Meridian Public Woks DVwbn at 200 E Canton St, Suite 100 Maid ao, Idaho 93642-2600 (208) 887-2211 Tar (208) 887-1297 Walsodm@d maidiaa illus T EXHIBIT "A" LATECOMERSAGREEMENT ASHFORD GREENS LIFT STATION PROJECT Service Area & Capital Improvements d TO: , Bruce Freckleton - ' , MV iidian Buildipg Department `200 E. Canto 'Avenue; Suite' 100 7 g Menda�}j ID :3634 _ /,AUG .1 8�1999� DATE: August 17 `19,09 MERIDIAN CITY ENGINEER - English Gardens' Subdivision , _ Pear�Bruce I am inxeceipt of the' memo sent to you'by Brad Watson dated August I3, 1999 and as we, discussed ; - on-lugust,l6;'1,999 I have the following comments , Vt The, developer is willing to reimburse the citv''for liig portion, of the lift station -pump over " sizing, =l -•� _ Our office has'performed'an engineering analysis' of>the sewerability of -the southern portion of, the project arid - have' determined that approximately 90W,' dubic yards of engineered fill would be required to provide sufficient cover `(3' over pipe) for the �sewer.]ine and raise the, affected- lots to,grade." There , s_sufficient material `available, on site. for this' fill and the developer,, is - ayYare of the cost Qt these improvements. -Please =note that the %storage and ! drainage, areas of the southwest co ,pd of :the site do not require sewer`service and are. not , planned to beMilled: I; have enclosed capies of preliminary engineering plans showing', proposedsewef lines,in'the affected areas,with existing land proposedgrades. ✓ - - In, discussions `for other projects' with Greg Martinez , of '.the Corps ofi Engineer$, • he has ` _. -indicated that aerial sewer crossings are acceptable m=these drains -and ;are generally �. prefetable to -piping the drain in,;a�siphon con'dition: This has also/beenaacceptable to Gary Siruth_on another'Meridian project for the Tremont P1ase,Subdivision.%.We understand that the approval process alsoinvolves Nampa-Wridian Irrigation District. f Given the cost ofthe fill, the developer is will ing;alternatively,,to ;install ;a lift, station iri this area to' provide for i, future needs -of ithe;,city, subjiecito appropriate latecomer agreements,. - ;'� While :we 'believe that 'this area, can be severe"d 'using city standards, '.we will propose �•.1 improving She s}tuation, _either using a larger line, and/or lower slope .in Black Cat Road to: ' ,lower.the'line at; the site and wi-11 fequesi the city s assistance - designing the'system to meet ' the-needsof both the city and developer. r 870 NORTHLIDTD R ; S jiTE B kERIDIAN, IDAHQ -83642 -i; (208) 887-7760 I\FAX -(208) 887-7781 i 4' y I _ Li closing, Lwould like to point-out that the�cityhas_alreadyannexed this area and the develouer has- a reasonable expectation that the°,city-wilt endeavor to --help "'him provide sewer service ,`to,:j e , property Qf�'cours -'all ,design Plusu be consistent =with good-engineering praCziee end' future ` - maintainabilityby the city. �� If yout, "any,questions or cotiunents,regarding this'matte_r, please ea1T me at,( 08) 887-4760. ,_ nce r P, David A. Bailey P E. cu: File �#,C996017 ,r - - r _, 0 City of Meridian Public Works Dept. M'emo To: Bruce Freckleton From: Brad Watson, P. E. CC: File, Gary Smith, PE Date: 08/20/99 Re: English Gardens I reviewed the letter dated August 17, 1999 from Pinnacle Engineers to you regarding the proposed English Gardens Subdivision. Comments are in reference to that letter. 3`d Para-ciraph 1) A siphon sewer is not acceptable and was never proposed to"be an alternative. 2) Tremont Subdivision is, indeed, proposing to construct an aerial crossing over Nine Mile Creek Although Gary indicated he has not "accepted" this proposal as the Pinnacle letter claims, we agreed that in this specific case an aerial sewer crossing is likely acceptable. This is only due to the fact that the Tremont Subdivision cannot be sewered any other way, it is essentially a sewer enclave, and it precludes using a small lift station. This should not be construed as precedent setting. The southern half of the proposed English Gardens project is not an enclave and will be easily seweraed by the future Black Cat Trunk The proposed aerial crossing in the case of the proposed English Gardens is a matter of convenience whereas it is a necessity in Tremont Subdivision. Depending upon elevation in relation to the high water mark in the creek, the Corps of Engineers may or may not approve the crossing. 3) A lift station will not be acceptable in this location. It would discharge to the existing Ashford Greens Lift Station which may cause excessive cycling of the pumps. 0 Paragraph 1) Using a larger sewer line simply to be able to construct From &a dc* of.. the sewer at a lesser slope, thereby alleviating the sea Waban, PS. amount of engineered fill, is not acceptable. The AssistastCity i:n&m proposed gravity sewer line into this proposed subdivision Meridian rubric works2W E cadwn sc, sude 100 Maidiazy Idaho 83"2-2600 • e 1 (208) 887-2211 Page Far (208) 887-1297 c:1bW\.sub1\engHsh gardens.sewer.81899.mem doc wAsanb&Lmnidiamidus would serve only this subdivision and flows would not be high enough to warrant over -sizing the pipe line. Vh Parasgraah 1) As you told me, the City annexed this property in 1979 (Orsi. 347, August 6, 1979). It is a mystery as to why the City did that I question whether or not the City is obligated to provide water or sewer service to a property because it is annexed. Obviously, that is a requirement the City imposes upon itself for any current annexation/zoning applications. This question should be directed to the City Attorney. 2) The annexation ordinance, which you requested from the City Clerk's office this week, does not shed light on why the property was annexed and what obligations the City committed to at that time. Other Comments It is becoming obvious that a fee must be developed for these proposed developments within the Blade Cat Trunk service area. I recommend that such a fee be developed, proposed to City Council, and implemented on the applicant of any proposed development within this service area. If this is done, the proposed English Gardens should not be considered exempt from also paying latecomer fees for the Ashford Greens Lift Station at the time of building permits. The Blade Cat Trunk fees should be collected from the developers of these projects and become due upon final plat approval and prior to development plan approval. The reason for this is that we must plan for accommodating these developments whether or not houses or businesses are actually constructed on the lots or not Funding, or least a portion thereof, must be in place to begin the Blade Cat Trunk before houses start coming out of the ground. The City cannot afford to finance the trunk line by collecting relatively small fees as they come trickling in with each building permit When a subdivision is approved and platted, we must assume it will be built out in a short time frame or risk not being able to provide adequate services. I began the process of calculating the proposed fee and will finish it up for Gary's review the week of August 30 when I return. • Page 2 cAbMsub1\eng1ish gardens.sewer.81899.mem.doc ** TX STATUS REPORT ** DATE TIME TO/FROM 29 08/24 12:00 887 7781 200 E CadIM Sta 201 Medd^ ID 83642 PhMa 8845533 Fax 887-1297 Fax • r AS OF AUG 24 '99 12:04 y PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 03'47" 008 050 OK City of Meridian Planning & Zoning Dept, T« 60h u„ger /Pinnacle r --n rs. y Ffmm Sonya pay Fac $y, 7 -1-I 8 Date_ $ Phone: Pagesr 8 (Indt�tg cover st�eei) Re: -E. I,Jh Cvwr ns -Cow+Men+S cG O Urgent J2rFer Retelew O Please ConneK ❑ please R VY 0 Please llecy�de •Comments: I Meridian Planning and'Onmg Committee Special Meeting • August 25, 1999 Page 9 ITEM NUMBER 2. CONTINUED PUBLIC HEARING: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST—CORNER OF TEN MILE ROAD & CHERRY LANE. Borup: Staff, do we have a presentation on this? i Siddoway: Mr. Chairman, Commissioners. The English Gardens Subdivision has been having problems working with the p'ublic'works department on the sewer availability on. this site. You have staff comments from Bruce Freckleton, which' I will let him address in a moment. I will just take`this opportunity to get you orientated to the site and the project itself. Planning and zoning staff has not prepared additional comments based on the public works decision of the unsewer ability and I have heard tonight that the northern portion may be sewerable and I don't know if the applicant will request action to approve the northern half. If that would be the case then we would request a revised plat to be submitted that we could review and prepare staff comments on. The project is located at the corner of Cherry Lane and Black Cat Road. It is the southeast corner. I believe it is Ten Mile Drain that runs°through the project in here. Tile property is 'currently annexed to the City and zoned R-4. That should get you at least oriented to the project and I'll let Bruce Freckleton take over comments at this point. Borup: I believe that that was a main concern last time was sewer, if I remember,, so. Freckleton: Mr. Chairman, members of the Commission. Hopefully in your packet you all have a copy of my staff recommendations. Your correct. The issue isra-sewer issue. There is a future trunk line that is proposed to come down Black Cat. It will come down south of Cherry Lane till it hits the Ten Mile Creek. Then there is another line'that takes off and follows the Ten Mile Creek on the north side out to the east and south along the boundary of (inaudible) park. There also in Black Cat, another line that continues south toward the southern boundary of this project. At this point of time there is an existing 12 inch line that is a temporary line that was installed at the time Ashford Greens Subdivision went in. This 12 inch line is a lot shallower than what the ultimate future trunk line will be and the proposal from the applicant for English Gardens is to go ahead and run that 12 inch line on down to serve English Gardens. Grade wise, depth wise the north half of the project that they on their site' lan refer to as Phase I, which is all that property north of Ten Mile Creek. Will gravity flow? It looks like it wouldn't be a problem. However getting across the Ten Mile Creek and`sdNing the south side of the project, is a problem. Depth wise they would have to fill a portion of the site approximately 4 feet in order to get adequate cover over the sewer line. They proposed to increase the diameter of the sewer line to 12 inch to be able to flatten it out. It would also require an Arial crossing ofthe Ten`Mile,Creek. The sewer pipe would cross above the creek. That crossing would also be below the high water mark of Ten Mile Creek which throws in some issues with Corp of Engineers. I guess in a nut shell, that kind of summarized it. I don't know if anyone is here from Pinnacle¢that would like to give their presentation, but I'll answer any questions you mighhave. Borup: Commissioners, any questions for Mr. Freckleton? Meridian Planning and Wing, Committee Special Meeting • August 25, 1999 Page 10 Barbeiro: Bruce, was there any discussion of a lift station? Freckleton: Mr. Chairman, Commissioner Barbeiro there was. Let me find that. Brad Watson Assistant City Engineer, did a response to a letter that they had written to our department. Basically, his response was a lift station will not be acceptable at'this location. It would discharge to the existing Ashford Greens lift station, which may cause excessive cycling of the pumps. Basically you have one leap frog type effect. One lift station (inaudible) to another lift station. Borup: Is there any approximate time at all on the other truck line?. Freckleton: Chair Borup, that is one of those crystal ball questions. I do not have an answer. I don't know of any projection. Borup: Okay, thank you. If the applicant is here and would like to come and address the commission. Do we have the applicant here? That makes a short presentation. Commissioners, discussion or comments. De Weerd: I guess my only discussion would be appropriate to continue this. With the applicant here there is not too many questions we can ask at this point. Borup: It may be again looking ahead to next time. Maybe—anybody have any other questions on this sewer. My understanding from staff then is your saying the north section can be gravity fed and that is not a problem. But the staff does not recommend their proposal for the southern part of the property. Freckleton: That's correct. Hatcher. Mr. Chairman. Does the staff have any recommendation in being able to provide services to the southern portion based upon any of the other recent projects that were done related to the Black Cat Truck, i.e. I have noticed in several of the documentation's a lot of projects are inter -related to this future Black Cat Truck. I would liketo know from staff if there are any future plans. Again, the crystal ball question. When is the Black Cat Trunk going in? Has there been discussion with a group of developers? I know on one of the other projects the proposal was getting a group of developers together to help fund this. (Inaudible) city and building so that they can do their projects. I'd like to have additional information from staff in regards to what is or isn't being done in regards to the Black Cat Truck. Freckleton: Commissioner Hatcher, you are correct. There are several project that are kind of dependent on this Black Cat Truck. I have not heard of anybody trying to get a coalition of developers together to try to put the trunk line in. A lot of these projects that are being proposed, they want to try to find alternate means of getting their projects sewered,-without putting the Black Cat Truck Line in. Definitely, the Black Cat Truck is our preference to serve these projects. As far as a time frame on the Black Cat Truck Meridian Planning and Wing Committee Special Meeting August 25, 1999 Page 11 though, that is something that we just don't have any kind of a time line. It is in our facility plan proposed to be put in, but the city has not stepped up to the plate to put it in and neither has any of the development community. Borup: Mr. Freckleton, you mentioned there are several projects that would be affected by Ten Mile, do you know approximately how many? Several could mean a lot of things. I am just wondering if there is enough there that maybe it might warrant a little higher priority. I don't know how this compares with other areas that have a lot of other projects also. Freckleton: There is a fairlylargeproject before you tonight—the Bear Creek project— #that is kind of dependant on this as well. Our department has had discussion with numerous property owners out there that have inquired about sewer service ability of this area. A number, maybe 5 to, 10 parcels that are sitting out there waiting. Borup: Right now the next trunk line planned is the northern—is it the no name or that is the next one planned. Freckleton: Yes, it is. Borup: I realize that there is some urgency there to start expanding to the east, but I am wondering which truck line affects the greater number of development lots. Freckleton: The no name trunk certainly is going to open up a huge area. Basically, our service boundary stop now at Ustick Road and until we get north of Ustick with the no name trunk, we are kind of stuck. Borup: That whole northern area. That's probably why there aren't projects being proposed there because there never has been any sewer. These other areas have it all around them, but maybe not on the specific ones that are, left. Is that because the area is kind of filling up so we are down to the last areas that aren't quite being serviced and that Black Cat is going to need to take care of. Okay, thank you. Commissioners. Has everyone got their questions answered on the sewer. I think that was again really the only question at least the major concern and since we do not have the applicant here— De Weerd: Mr. Chairman, when I read some of the staff's comments l assumed that is would be continued, so perhaps the applicant had assumed so as well. Freckleton: Chairman Borup. I did have some discussion with` Dave Bailey, Pinnacle Engineers. My suggestion to him was that they,submit a letter requesting that it be continued so that they could consider their different options.- Borup:, ptions. Borup: How they want to phase it or what they want to do. Freckleton: Right. So they may still proceed with that northern -portion but it is'goind to take a little bit of redesign. Meridian Planning andaing Committee Special Meeting August 25, 1999 Page 12 Borup: Did he give any indication to you as a time frame. , Freckleton: No he didn't. Borup: Is he going to need more than one month? Don't know? I think we can proceed ahead without the letter and accomplish the same thing. De Weerd: Mr. Chairman. I would move that we continue the English Gardens Subdivision request for preliminary plat approval until our September 14th meeting. Hatcher: I second it. Borup, We have a motion and a second. Any discussion. All in favor? MOTION CARRIED: ALL AYES Borup: Thank you. Barbeiro: Mr. Chairman. Borup: Mr. Barbeiro. Barbeiro: Do we have a count of hearings set for September 14th? Borup: No we do not, but we just added to it. Whatever we got, we've added two more to it. ITEM NUMBER 3. CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 150.79 ACRES OF LAND (FOR R-4 ZONING) BY BEAR CREEK, LLC—EAST OF STODDARD ROAD & SOUTH OF OVERLAND. Borup:, Staff. Siddoway: Mr. Chairman and Commissioners. As all ready noted, this is another project before you that has issues with sewerability. It is also waiting for the Black Cat Trunk in order to be sewerable. It is a 326 single family dwelling lot subdivision on 150 acres known as Bear Creek Subdivision. It is located west of Meridian Road between Overland and Victory Road. You should have staff comments from Bruce Freckleton regarding the sewerability dated August 23 and I will turn the time over to him for comments. ********END OF SIDE ONE******* Freckleton: Mr. Chairman, members of the Commission. The first time this was before you we asked for complete sewer analysis on this area, since that time Brad Watson in our office has completed that sewer analysis and the results of which should be in your MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 13, 1999 APPLICANT: PROJECTS WEST AGENDA ITEM NUMBER: 16 REQUEST: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED LETTER SEE ATTACHED COMMENTS & RECOMMENDATIONS SEE ATTACHED LETTER IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 A HEARING DATE: July 13, 1999 FILE NUMBER_: /PP -99-01.1 REQUEST: E BUILDING LOTS ON 31.94 ACRES BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED LOCATION) _ 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 FIRF ni=PAPTnn1=KIT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live Council Members 884-4264 CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY (208) 887-2211 MERIDIAN, IDAHO 83642 RON ANDERSON �" Phone (208) 888-4433 • Fax (208) 887-48F1 4`' r+NNING AND ZONING LJ KEITH BIRD DEPARTMENT JUN 1 1 1999 (208) 884-5533 City of Aferidian Citi' Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 A HEARING DATE: July 13, 1999 FILE NUMBER_: /PP -99-01.1 REQUEST: E BUILDING LOTS ON 31.94 ACRES BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED LOCATION) _ 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 FIRF ni=PAPTnn1=KIT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN PUBLICBWORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887 481R DNNING AND ZONING DEPARTMENT JUN 15 1999 (208) 884-5533 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8. 1999 HEARING DATE: July 13, 1999 FILE NUMBER: �PP- REQUEST: PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION (101 BUILDING LOTS ON 31.94 ACRES BY: ' PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED LOCATION) — 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 nF=DAQTnAGMT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)' BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4261 Council CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Faf (20$ 68X-48 `3 D PLANNING AND ZONING �) DEPARTMENT KEITH BIRD JUN 1 0 1999 (208) 884-5533 City l fce City CrkOf TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT -PROJECTS WITH THE CITY:OF MERIDIAN J To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6 1999 TRANSMITTAL DATE: June 8. 1999 HEARING DATE: July 13_1999 FILE NUMBER: IPP -99-011 REQUEST: PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION (101 LOCATION OF PROPERTY OR PROJECT: A CORNER OF LO & CHERRY LN TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION BORUP, P/Z CENTRAL DISTRICT HEALTH _KEITH CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _ROBERT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _CHARLIE BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _KEITH BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _GLENN XLWATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER _BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) DEPARTMENT _FIRE _POLICE DEPARTMENT YOUR CONCISE REMARKS:, -t 4V f'ce/�/�'� ATTORNEY _CITY ENGINEER L' _CITY CITY PLANNER w FK]ErvED-rsr�"k. gll"�9111.JUN 10 1999 Ez .b CITY OF 31ERIDI'Y •- - SUPERINTENDENT Christine H. Donnell RECErV � June 17, 1999 JUN -2 3 1999 CITY OF MERIDIAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: English Gardens Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Chaparral Elementary School is at capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is at capacity. We can predict that these homes, when completed, will house thirty-four (34) elementary aged children, twenty-four (24) middle school aged children, and twenty-three (23) senior high aged students. .11 Sincerely, Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann L 'W 1 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT'gWHEnvironmental Health Division " EA �� � ,. Return to: DEPARTMENT IRF;cE, Boise ❑ Eagle J U N 16 1999 ElGarden City 'Rezone # Conditional Use # CITY OF NIER,IDW ZMeridian ❑ Kuna P.relimin / Final / Short Plat ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. r ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. s 9 ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:, ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and ❑ 13. We,will require plans be submitted for a plan -review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ,❑ beverage establishment Elgrocery store ❑ 14. //T� ,��� r�f�TTi�C /��/� �%p�F's1�1 c r%.Tu�� Date: Reviewed By: ��'i�✓.r. Review Sheet CDND I0/91 rcb rev. 1/91 i a 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: lof-central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines, ,� central water r 10. Run-off is not to create a mosquito -breeding problem. ❑ 11. This Department would recommend deferral until high seasonal groundwater 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 Elgrocery store ❑ 14. //T� ,��� r�f�TTi�C /��/� �%p�F's1�1 c r%.Tu�� Date: Reviewed By: ��'i�✓.r. Review Sheet CDND I0/91 rcb rev. 1/91 i a CENT RA pISTFICT LT 0EPARVAENT %IA6V ru prevent artd treat disease and disabdiv: to prwuure lteal:h.v lifesyies: and to protect and prurrture the Itealth acrd gtluhN Jf uar ertvirUluttGrft. STOR-NIWATER M- NAGENIENT RECONEMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact co 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. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cicies And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/93:dly $2tvfR� �ajjey, E!more. Boise, arid. -Ida Courtdes ai�drB Ccunrl cfBce `/ciley Courtr/ ct ice Act / 9oize Caurry Office Aca-WIC Sc:ellite Office 7C2 N. I;r:'eer iC7 M. Arr-..;:Cr+g I:C6RCC?r'; - �scurrC:r1'+C^e :0 a!W ?.O.:Cx Ia�.a ?cs?. iO a.7:a 3 i a37 — ase. C Grnrirc. H?Cim::'a7•;?.5 mcccll: 10. �J61a =n•t:r^.. Hgct:n: J27.7�:v ?n. �1a.1--orandv:-ec:^::a7•a�7 a.lt4a =:,,,y a Cn .nG::27 -7,1M ;Ax 331.3: -- ,wC: sa 7- –.:CQ FA:c bZ_--Z 17 a ir..r. vn`t.::crS::21•ideC -A;t::a7-JJZi �9rc: , lurn:�cn: 127.741;0 triC :27-7,21 JUN 2 3 1999 ORGANIZED 1904 CITY OF 1MERIDLAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 June 15, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho\ Meridian, -ID 8364 - - t Re: PP 99-01\,Preliminary st Plat for English Gardens Subdivision — Projects We Dear Mr. Berg: The Tenmile Drain courses along the ease boundary and through the middle of this proposed project. The District's easement,of the Tenmile Drain is 100 feet, 50 feet from the center each way. Any encroachment within this easement must first be approved with plans and a signed License Agreement before any construction can begin. Please contact John Caywood at the Bureau of Reclamation for their easement width on the Tenmile Drain as this a Federal Drain. Sincerely, Zson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ` BH:dln Cc: File — Shop File — Office Water Superintendent • Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 RECEIVED JUL 0 9 1999 City of Meridian MEMORANDUM: City Clerk Office To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineel�":�� Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 July 9, 1999 Re: Bear Creek Subdivision Annexation & Zoning/Preliminary Plat Sundance , LLC Request for Annexation & Zoning/CUP for 300 Apartments English Gardens Request for Preliminary Plat Due to the fact that computer modeling for these projects was not able to be completed (see attached memos from Brad Watson, Assistant City Engineer), we have not been able to complete our reviews of the project. A major contingency on all of these projects will be whether the present sewer system is able to accept the flows to be generated from these developments. Therefore, we respectfully request that the five public hearings referenced above be continued until such time as serviceability is determined. r Continue SUE VISION EVALUATION :BEET Proposed Development Name ENGLISH GARDENS City Meridian Date Reviewed 06/17/99 Preliminary Stage XXX Final Engineer/Developer Pinnacle En r. / Pro'e is West 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),' egarding this development in accordance with the Boise City Street Name Ordinance. RFcE ED The following existing street names shall appear on the plat. JUN 2 4 1999 "1N. CHERRY LANE"CITY OF IDIAN "N. BLACK CAT n^ AD" V. BIG CREEK CT.- and "W BIG CREEK ST ° are approved due to alignment and shall appearon the lat. CRE T.- is aporoveo g1je iv asp ,111,=11 a, u At uw� 1A .. ...•.tee -v nT » :...rye �-`\� inal�']o t _ � 4" " _ "W TUDOR ST." is a duplication and cannot be used Choose a new nam "LONDON" is similar to "LONDONER" and cannot be used Please choose.a. new name. PAGE ONE OF TWO 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 NAMECOMM E, AGEN EPRESENTATNES OR DESIGNEES d /I Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Date 7 Date Date L _ % Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Enolneer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1W 10 Section NUMBERING OF LOTS AND BLOCKS o C� TR1SU851SM CITY.FRM /17/1 SUAVISION EVALUATION MEET Proposed Development Name ENGLISH GARDENS City Meridian Date Reviewed 06/17/99 Preliminary Stage XXX Final Engineer/Developer Pinnacle Engr. / Projects West 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. PAGE TWO OF TWO TFcEwED "N. WALES AVE." is aporoved and shall appear on the plat. JUN 2 4 1999 "STRATFORD" is a duplication and cannot be use. Choose a new name, please. CITY OF MERIDIAN 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. r ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley (`c�S�l �\ `� L� Date City of Meridian Representative Date '1 -17-- i Fire District Meridian Representative Date - I F -9 1 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 Ilii Subindex Street Index 3N 1W 10 Section NUMBERING OF LOTS AND BLOCKS 7R%SU8akSM_CITY.FRM � RECEIVED JUL 0 9 1999 City of Meridian City Clerk Office Memo 'doe Bruce Feddeton Frome Brad Watson,.PE U" CC: File Dabee; 07/09/99 Ree English Gardens Subdivision This Is in response to your request for sewer it f triol regarding the proposed English Gardens subdivision sots of Cherry Lane and Blade Cat Road. It appears ftom prdmr wy sewer profile infom>ation that the portion of the property north of Dine Me Drain can be sewened by the extension of the 124rich fine in Blade Cat from the soon to be constructed Golkiew Estates No. 5 subdivision. However, the portion of the property south of Nine Me Drain is planned to be sewwered by the future 42 -inch Black Cat Tnrnk While the no kern portion would also ultimately be serviced by the Blade Cat TrunK the design of the existing lift station in Ashford Greens subdivision to the north included enough capacity only for the northem part of this project The reason for this exclusion is that the sewer cannot puss under Nine Mile Drain as is evidenced by the applicants preliminary sewer pros that show an aerial sewer crossing. A dopy of the Ashford Greens Eft station service area is attached. The second issue regarding this 'project is that if the pmject, ora portion thereof, is approved, fees should be collected from the developer or builders for contribution to a Blade Cat Trunk construction find. The estirnated cost of the Black Cat Trunk to Meridian Road is approximately $7.5 million ff adequate fees are rat collected by the developments to be ultimately served by the trunk, construction cost Iesporisibi ities will likely become the C ily's and, ultimately, the ratepayers. Although computer nxxMng of this proposed development is not a requirmvN t at this time, an investigation into the capacity of the Ashford Greens Eft station and more thorough sewer profiling should be completed prkyto final Public Works Departrnent cormrnerrts. From the "o£.. Brad Wawa, P.E. Ash Cly Fier Meridian Pudic works I)Marftnent 2001- Calton St, suite 100 Meridian, Idaho 83&2-M (208) 8872211 Fax (208)887-1297 • Page 1 i . 0 EXHIBIT "A" LATECOMERS AGREEMENT ASHFORD GREENS LIFT STATION PROJECT Service Area & Capital Improvements PRE11MINARY DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION is made this day of 19.99,.by and between SUNSET MEADOWS, L.L.C., an Idaho Limited Liability Company and PROJECTS WEST, INC., a Washington Corporation, (Declarants). I. BACKGROUND 1. Declarants are the owners of certain property in Ada County, Idaho -, described on Exhibit "A" which is attached to this Declaration and incorporated by this reference. J 2. Declarants intend to create on that property, together with other property which will be subject to this Declaration, a residential community known as SUNSET MEADOWS. 3. Declarants, desire to preserve and enhance the property values, amenities, and opportunities in the above described residential community and to provide for health, safety, and welfare of residents, and to this end, desires to subject the property described on Exhibit "A", together with such additions as may be made to' the property to the covenants, restrictions, easements, charges, and liens set forth in this Declaration, each and all of which are for the benefit of the property and each owner. 4. Declarants have incorporated the SUNSET MEADOWS HOMEOWNER'S ASSOCIATION to provide a means for meeting the purposes and intents set forth in this Declaration. II. DECLARATION 1. Declarants declare that the property is described on Exhibit` "A", and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions easements, charges and liens set forth in this Declaration, together with such other property' as may be subsequently added in the future. 2. Further, Declarants delegate and assign to the SUNSET MEADOWS HOMEOWNER'S ASSOCIATION, the power of maintaining, 'administering and enforcing the covenants and restrictions, Declaration of Covenants, Conditions and Restrictions R\127\SUNSET\ZDECLARA.COV S Page 1 PRELIMINARY M collecting and disbursing the assessments and charges created in this Declaration, and promoting the. health, safety, and welfare of the residents. III. DEFINITIONS 1. "ACC" shall mean the Architectural Control Committee as described in this Declaration. 2. "Articles" shall mean the Articles of. Incorporation of the Association as defined below. 3. "Association" shall mean the SUNSET MEADOWS HOMEOWNER'S ASSOCIATION, ari Idaho nonprofit corporation, its successors and assigns. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. r 5. "By -Laws" shall mean the By -Laws of the Association as they may from time to time be amended: 6. "Common Area" shall mean -the real property and easements as described in this declaration. 7. "Declarant" shall mean SUNSET MEADOWS, L.L.C., an Idaho Limited Liability Company and PROJECTS WEST, INC., a Washington Corporation, and its successors and assigns, provided such successors or assigns shall 'acquire (a) more than one lot from the Declarant for purposes of development, and (b) be specifically assigned the rights and duties of Declarant by a written instrument in recordable form. At such time a Declarant named above is no longer the owner of any lot and such party shall no longer be considered a Declarant, then they shall not have any rights, duties, and obligations of a Declarant as set forth herein. 8. "Declaration shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations for SUNSET MEADOWS, and any amendments thereto. 9. "Easement Areas" shall mean the real property described in the easement areas, which shall be used for the benefit of all residents. 10. "First Mortgagee" shall mean a lender who holds the first mortgage or deed of trust on a lot and who has notified the Association in writing of his holdings., Declaration of Covenants, Conditions and Restrictions Page 2 R\127\SUNSET\ZDECLARA.cov P t 1 11. "Home" shall mean a structure located on a single-family lot which is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 12. "Lots" shall mean Lot l through 101 of the Lots of the Plat of SUNSET MEADOWS recorded under Ada County Auditor's Recording No. 13. "Member" shall mean every person or entity who holds membership in the Association. 14. "Mortgage" shall include a deed of trust or other security instrument. r 15. "Mortgagee" shall mean the beneficial owner or the assignee of the beneficial owner or its designee, of an encumbrance on a lot created by a mortgage and also mean the vendor or assignee F or designee of vendor of a real estate contract for the sale of a lot. The Mortgagee shall be deemed a separate Mortgagee for each lot on which it holds a Mortgage which constitutes a first lien on •_ said lot for purposes of determining' the percentage of first Mortgagees approving a proposed decision or course of action. Mortgagee shall have the same voting rights as the, owners on any lot subject to such Mortgage. 0 16. "Owner" shall mean ,every person or entity, including Declarants, which is a record owner of the fee simple title to any lot, or if any lot is sold under real estate contract, the vendee or vendees under that contract; provided however, that the term "Owner" shall not include those having such interest merely as security for the performance of an obligation. 17. "Property" shall mean the real property described on Exhibit "A". 18. "Structure" shall mean any building, fence, wall, pole, driveway, walkway, or the like. IV. PROPERTY SUBJECT TO THIS DECLARATION AND'ADDITIONS THERETO 1. The Property. The real property which is subject to this Declaration is described on Exhibit "A". Declaration of Covenants, Conditions and Restrictions Page 3 R\127\SUNSET\ZDECLARA.COV • V. COMMON AND EASEMENT ARS 1. Descriptionof Common Area. The common areas shall include all easements as defined below together with the following: (a) The private park which is delineated as Tract " C" on the Plat of Sunset Meadows which each lot owner has an undivided 1/101St interest. 2. Declaration of Common Area.. Declarant does hereby declare and dedicate the common areas as described above as well as all the easements which are also common areas as described below for the use and enjoyment by the owners subject to the terms and conditions of these covenants. 3. , Use of Common Areas. Each owner shall have the right to use the common areas in common with all other owners subject to this declaration, the by-laws, and any rules and regulations adopted by the Association as the following: (a) The Association may totally bar or restrict the use of portions of the common area where ordinary use could be dangerous, unreasonably increase the Association the costs or be detrimental to the environment. (b) The Association shall have the right to suspend the voting, rights and the right to use of any recreational facilities on the common area (other than roadways and walkways) by any owner for any period during which any assessment against said owner's lot remains unpaid, for a period not to exceed sixty (60) days, for any and each separate, infraction of the Association and public rules and regulations. 4. Easements As Set Forth in Plat. The Declarants have also established for the benefit of all owners which may be set forth on the plat of Sunset Meadows easements for the following purposes: (a) monument/entrance area, utilities, drainage, septic system drainfields and tightlines, landscaping on common areas and easements, and perimeter fencing. Declaration of Covenants, Conditions and Restrictions Page 4 R\127\SUNSET\ZDECLAM.COV " 6. Owners' Easements of Enjoyment. Each Owner shall have the benefit of the "easements areas" and the "common areas" as defined above which shall be appurtenant to and shall pass with the title to every lot subject to the following provisions: (a) 1- the ''r'ight 'of `the `Association` to adopt .reasonable=' rules go"vernirig the Fuse" zof .. the, Easement -:Areas- and "the personal conduct of per'sons -authorized- to -use said areas, and` to establish`: appropriate penalties. for thesviolati'on of those' rule'a. 4, (b)`' •The right of, the`.Association' tb _dedicater-or -transfer all or, -any part.` of the.. Easement Areas. -to any, public .agency, authority, br- utility for the purpose'; -for., which such ,Easement Areas` were constructed: 7. D'elegationrof Use. Any Owner may delegate his right of enjoyment to the Easement Areas and the Common Areas and facilities to the members of his" family,..,his tehdnte,',or.hi6 guest, subject to the limitations set forth above. 8. Association�"to,Main } � w _k taint " The Association shall:. ma°intain;.t repair i and 'replace the ' Common Areas;, f includiriall J lands`ca iri g p g; streetlighting if installed, utility charges for electricity for such streetlighting, b irrigation `charges..,' for' 'maintaining: ;th'e° landscaped areas, and maintenance of-moniimentyentrance" ate a;, maintenanceof all fencing constructed, by Declarants for the benefit of all residents, mailbox' areas', -maintenance`` of ` all facilities within the park "and that ;the above,.exp'erises sYiallbeP paid-;by'the Homeowner's` Association° from` the .assessments' as. provided forh� � erein a 1y rtea ; �., r-4 Declaration of'Covenants, C6nditibM3, and Restrictions page= 51 R\127\SVNSET\ZDECtM.COV 10. A Deleaation to Manager. The board of directors may delegate any of its managerial duties, powers or functions to any person, firm or corporation provided that any management agreement for the project shall be terminable by the Association for a cause upon thirty (30) days written notice, and the term of any such agreement may not exceed one (1) year renewable by agreement by the parties for successive one (1) year periods. The members of the board of directors. shall not be liable for -any omission or improper exercise by the Manager of any duty, power or functions so delegated by written instrument executed by a majority of the board of directors. VI. HOMEOWNER'S ASSOCIATION 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. When more than one person holds an interest in any Lot, all such persons shall be Members. Ownership of a Lot shall be the sole qualification for membership. *r 2. Voting. Each lot shall vest in its owners with one vote on all matters. No lot shall be entitled to more than one vote. Lots owned by a husband and wife, or jointly by more than one individual or entity, shall be entitled to only one vote per lot by the lot owners cumulatively• and not individually. Matters involving the capital improvements of the common areas shall require an affirmative vote of sixty-six percent (66%). Matters .involving view rights, amendments to this Declaration and incorporation of the Homeowner's Association shall require an affirmative vote of seventy-five percent (75%). All other matters shall require an affirmative vote of fifty-one percent (51%) unless otherwise stated elsewhere in- this Declaration or amendments thereto. Declaration of Covenants, Conditions and Restrictions Page 6 R\127\SUNSET\=F.( J+RA.COV 3. Meetings. The Association at least once a year. Minutes shall shall include a record of all votes may schedule regular meetings be kept of each meeting which taken. -4. Liability Insurance. The Association may maintain liability and/or hazard insurance covering the common areas and work performed by or on behalf of the Association. S. Dues: Assessments. Assessments as provided for herein shall:be on an annual or other periodic basis as determined by the board of directors of the Homeowner's Association. 6. Common Expenses. That the expenses which shall be considered expenses in common with all of the lot owners, are those set forth in Article V, Paragraph 8. Common expenses shall be inclusive of the cost of liability and casualty insurance whatever amount is reasonable and deemed appropriate. The responsibility for the common expenses shall be administered by the Association. 7. Lien for Failure to Pay. In the event any party fails to Fpay, within 30 days of receiving a bill for their' portion of the } expense, then the Association may file a line, substantially in the '. form of a labor and material lien. The lien shall be a lien against the property of the non-paying party and forecloseable in the, same manner as a labor and materials line, without, however, the. requirement to file suit within eight (8) months. The lien shall have perpetual existence until paid and released by a recorded lien release. The unpaid balance shall bear interest at the highest legal rate until paid and the non-paying party shall be liable for costs and attorneys fees expended 'in any collection action including but no limited to the foreclosure=of the line. Sale"or transfer of any lot shall not affect the assessments as to payments thereof which became due prior to such sale or transfer whether a lien is filed prior to the sale or not. No sale or transfer shall relieve such lot from liability for any assessment, dues or other charges thereafter becoming due or from the lien thereof. The word "mortgage" shall include a "deed of trust" or real estate contract. That not withstanding any of the provisions set forth herein, in the event of any sale or transfer of any lot pursuant to or as the result of a foreclosure of a mortgage or deed of trust, or by deed or assignment in lieu of foreclosure, or any proceeding in lieu thereof, such possessor, its successor, and assigns shall not be liable for the share of the common.expense or assessments made by the association chargeable to such lot which became due prior to such possession. The unpaid share of common expenses or assessments shall be deemed to be a common expense Declaration of Covenants, Conditions and Restrictions Page 7 R\127\SUNSET\ZDECLARA.CON • • collectible from all of the owners, including such possessor, his successors, and assigns. 8. Subordination of Lien. Any lien allowed or provided by this declaration shall be considered subordinate and inferior to any bona fide first mortgage or first position deed of trust (but not to a real estate contract) where the lender under 'such first mortgage or deed of trust is a bank, savings and loan, F.H.A., V.A., or other institutional lender. If required by such institutional lender, the holder of a lien provided for herein, whether the holder be the Declarant, the ACC, the Association, a lot owner, or otherwise, will execute a standard form subordination agreement to effect the purposes of this provision. This provision shall also apply to refinancing of an existing first position mortgage or deed of trust where the refinancing lender is an institutional lender as above described. This provision shall not apply to any sale of all or part of any lot where the lot owner, subject to an existing lien, carries the sale contract or deed of trust, or otherwise acts as lender to a purchase of the liened lot. Except as provided above, no lien allowed or provided by this Declaration shall be effected by a sale, transfer or refinance of the liened lot or lots. 9. Personal Liability. Each assessment, dues, or other charges, together with interest, costs, and reasonable attorney fees shall also be the personal obligation of the owner of the lot at the time such assessment, dues, or other charge became due. The personal obligation of such owner s hall not be relieved by sale or transfer of the lot, and shall not become the personal obligation of the owner's successors in interest unless expressly assumed by them. The new owner shall be personally liable for assessments, dues, or other charges which become due on or after the date of sale or transfer. Provided that, nothing in this section shall relieve the lot from liability for such dues, assessments, or other charges, or the lien therefore. 10. Rate of Assessment. . Except as provided for herein, annual and special assessments shall be at a uniform rate for all lots. 11. Certificate. Upon demand, the Association shall furnish a certificate in writing signed by an officer of the Association stating whether assessments, dues, or other charges against a specified lot have been paid, or the amount due and owing. Such certificate shall be conclusive evidence as to the amount of any assessment, dues, or other charges stated to have been paid. The Declaration of Covenants, Conditions and Restrictions Page 8 R\127\SUNSET\ZDECLARA.COV • • Association may charge a reasonable fee for the issuance of such certificate., 12. Directors. The Homeowner's Association shall be -governed by a board of directors and the initial term of the Board of Directors shall be appointed by the Declarant. The Declarant shall act as the Board of Directors until such time as eighty percent (80%) of the lots have been sold and closed. After eighty`percent (800) the lots have been sold and closed, the Declarant shall a meeting at which time the members shall elect Directors in accordance with the terms and provisions of the Articles of Incorporation, Bylaws and this Declaration. 13. Association Obligation. The Association shall be obligated to maintain and repair all common areas, and the improvements and equipment thereon. Provided that if any such work is required as the result of any negligent or intentional act or omission of any owner, or an owner's guests, family, or tenants, the cost of such work shall be paid for exclusively by such owner and shall become part of the assessment levied against such owner's lot or lots. VII. EASEMENTS 1. Easements for Association. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) The maintenance, repair, replacement, or improvement of any Common Area accessible from that Lot. (b) Emergency repairs necessary to prevent damage to the Easement Areas or to another Lot or the improvements therein. (c) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do. Except in an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Lot Owner. 2. Easement for Government Personnel. An easement for access by police, fire, rescue and other government personnel is reserved across all Easement Areas as necessary or appropriate for the performance of their public duties. Declaration of Covenants, Conditions and Restrictions Page 9 R\127\SUNSET\ZDECLARA.COV VIII. OFFICERS The Board of Directors shall appoint individuals to serve as President, Treasurer and Secretary. Each officer shall be a member of the Board. The term of each officer shall 'be one year. Officers may be elected to consecutive terms. Declarant may act `as President so long as Declarant is acting on the Board of Directors. IX. INCORPORATION h. The Association shall be incorporated under the laws of the State of Idaho and may apply for tax exempt status with the, IRS. The Articles of Association and Bylaws shall not be, contradictory to and shall supplement this Declaration. X. EXTRAORDINARY USE COSTS In the event that one or more lot owners should by their'use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damages those common areas or any improvements located thereon or therein, then individual subjecting the common area to such use shall have the. obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. XI. ASSESSMENTS 1. Covenants for Maintenance Assessments. (a) Declarants, for each Lot owned by it, agrees, and each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association (i) annual assessments or charges, and (ii) special assessments for capital improvements. (b) The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is 'made Such lien may be foreclosed by the Association r in like manner as a Mortgage on real property. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the Declaration of Covenants, Conditions and Restrictions Page 10 R\127\SUNSET\ZDECUaA.COV , owner's successors -in -interest unless expressly assumed by them. The new owner shall be personally liable for assessments which become due on and after the date of sale or transfer. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this�Declaration. 3. Board to Fix Annual Assessment. The Board of Directors shall fix the annual assessment at least thirty (30) days prior to to the commencement of the annual assessment period. Written notice of the annual assessment shall be sent to every owner. In the event the Board fails to fix an annual assessment for any assessment period, then the assessment established for the annual assessment for the prior year shall automatically be continued until such time as the Board ,acts. The annual assessment established for the prior year shall automatically be continued until such time as the Board acts. The annual assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and ,replacement of those Common Areas which require such actions on a periodic basis. That in the, event there is any increase in the annual assessment of more than five percent (5%) of the annual assessment for the prior assessment =period, then it must be approved as provided for in Section 2, Article X of the Bylaws of the Association which are incorporated as herein as though fully set forth. 4. Special Assessments for Capital I Improvements. In addition to the annual assessments authorized above, 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 capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of Section 3 of Article X of the Bylaws of the Association which are incorporated .herein as though fully set forth. Declaration of Covenants, Conditions and Restrictions Page 11 R\127\SUNSET\ZDECLARA.COV 5. Rate of Assessment. Both annual anVspecial assessments shall be fixed at a uniform rate for all Lots. 6. Initial Assessment. The initial assessment until changed by action of the Association shall be $ per year for each lot which shall be effective as of January 1, 2000.. The Declarant shall not be liable for the payment of any assessment against a lot owned by the Declarant. The Declarant shall have the right to collect at time of closing of the sale of any lot by the Declarant from the Purchaser thereof the prorata share of any annual assessment as set forth above. The Declarant shall then collect said assessment and pay the same to the Association. in the event the expenses of the Association are 'in excess of the assessments collected, then the Declarant agrees to pay the difference to the Association as long as the Declarant is still the owner of any lot. Once the Declarant has sold or conveyed all the lots owned by that Declarant than that Declarant shall no longer be liable under the provisions of this Paragraph. 7. Effects of Nont)ayment of Assessments: Remedies of Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12°s) per annum, and the Association, may bring an action at law against the Owner obligated to pay the assessment, or may foreclose the lien against the Property, and in either event, interest, costs, and reasonable attorney's fees shall be added to the amount of such assessments. No Owner may waive or otherwise escape liability for annual or special assessments by nonuse of the Common Area or by abandonment of his Lot. S. Subordination of Lien to Mortgages._ The lien of the assessments provided for in this Declaration shall be subordinated to the lien of any First Mortgage. Sale or transfer of. any Lot shall not affect the assessment lien. However, where the mortgagee or a Mortgage of record or other purchaser of a lot obtains possession of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in lieu of foreclosure, such possessor, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such Lot which became due prior to such possession. Such unpaid share of common expenses or assessments shall be .deemed to be common expenses collectible from all of the Owners, including such possessor, his successors and assigns. Declaration of Covenants, Conditions and Restrictions Page 12 R\127\SDNSET\ZDEC1AM-00V 9. Certificate. The Association shall upon demand furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified lot or dwelling unit have been paid. A reasonable charge may be made by the Association for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment stated in the certificate to have been paid. 10. Exempt Property. The following property shall be exempt from the payment of annual and special assessments: (a) All portions of the properties. dedicated to and accepted by a local public authority. (b) The common areas. (c) All lots and dwelling units owned by the Declarant until a lot has been sold and conveyed by the Declarant. XII. MAINTENANCE AND USE 1. Business and Commercial Use. Except for builders', temporary sales.offices, no lot shall be used for other than single family dwelling and no trade, craft, business, professional, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on any lot or within any building located on the lot; nor shall any' goods, materials, or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored outside any building on any lot; nor shall any goods used for private purposes and not for trade or business be kept or stored outside any building on any lot which is visible from the street or any other lot. XIII. ARCHITECTURAL CONTROL COMMITTEE 1. Appointment. An Architectural Control Committee shall consist of at least one (1) but not more than three (3) persons. The initial Architectural Control Committee shall consist of two persons one of which shall be appointed by PROJECTS WEST, INC., and the other person shall be appointed by SUNSET MEADOWS, L.L.C.. Each member shall hold office until he or she resigns, is removed or until a successor has been appointed and qualified. Each Declarant shall have the authority to appoint the members of the ACC -until eighty percent (80%) of -the Lots owned by that Declarant have been sold and single family residences have been constructed thereon. Thereafter, the members of the ACC shall be appointed by Declaration of Covenants, Conditions and Restrictions Page 13 R\127\SUNSET\ZDECLARA.COV 0 0., the Board of Directors of the Association. The Board of Directors may only appoint members of the ACC who are also,lot owners. 2. Duties. The ACC shall have the authority to review and act upon proposals and plans submitted and to perform other duties set forth in this Declaration. The members of the ACC may delegate their duties to any one member. a 3. Adoption of Guidelines. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications in order to further the intents and purposes of this Declaration and any other covenants or restrictions covering the Properties. If such guidelines are adopted, they shall be available to all Members upon request. 4. Meetincr; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Association, the members of the ACC shall not receive any compensation for their basic services. However, if time in excess of five (5) hours is required for the review and approval of any -proposal, the Owner submitting the proposal shall pay a fee for the additional time based upon usual and customary architectural fees in the area. All members shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of ACC duties. 5. Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval. 6. Liability. Neither the ACC nor any of its members shall be liable to the Association on to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the ACC for the approval or for failure to approve any matter submitted to the ACC. The ACC or its members may consult with the Association or any Owner with respect to any plans, drawings, or specifications, or any other proposal submitted to the ACC. 7. Plan Review Fees. The ACC may employee engineers, architects, and other professionals to review plans and take other actions as designated by the ACC and, therefore, the ACC.may charge a fee to review plans in an amount not to exceed $150 for each plan review. Declaration of Covenants, Conditions and Restrictions R\127\SVXSET\ZDECLARA.00V Page 14 XIV. ARCHITECTURAL AND LANDSCAPE CONTROL 1. Approval of Plans Required. None of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC. (a) The construction of private road or driveways. C (b) The construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection device. (c) The remodeling, repainting, reconstruction, or alteration of any road, driveway or other structure. Any such actions which have been approved shall only be taken in conformity with the plans and specifications actually approved by the ACC, and no changes in or deviations from the approved plans and specifications shall be made without the prior written approval of the ACC. 2. Procedure for Approval. Any person wishing to take any of the actions described above shall submit to the ACC two sets of plans and specifications which meet the following requirements: (a) Plans for the construction or modification of roads or driveways shall show the proposed location, course, width, grade and materials. , (b) Plans for the construction or modification of any building, fence, wall, or other structure shall be .building elevation plans which, in addition to the details customarily shown on the Lot, the exterior color scheme, proposed outdoor lighting, proposed landscaping, and shall show and otherwise identify any special needs or conditions which may arise or result from the installation`; erection, or construction of any solar collection device. At the request of the ACC, the person submitting such plans shall locate stakes on the Lot which indicate the corners of the proposed structure. The plans for the first structure to be located on lots shall include a landscaping plan, including a specification as to the proposed time for completion of the landscaping. ., , (c) Plans plants shall show the trees or plants to be for the removal or location; type, and added or removed. ,Declaration of Covenants, Conditions and Restrictions Page 15 R\127\SUNSET\ZDECLARA.COV planting of trees and approximate size of the •1 • (d) Plans for site surface water drainage. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, one copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be -taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. 3. Criteria for Approval. Approval of plans and specifications may be withheld or conditioned if the proposed action is in variance with these covenants, other covenants covering the Properties, or design guidelines adopted by. the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community or to any other Owner, because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, or landscaping plan, or impact on view rights or privacy. 4. Failure to Agprove. In the event that•the ACC fails to approve or disapprove an action within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the action has been commenced within ten (10) days after the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 5. Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that actions have been completed in accordance with the -plans as submitted and approved. Such determination must by made within 30 days of the completion of the action. If the ACC shall determine that the action does not comply with the plans and specifications as approved, it shall notify the Owner within the 30 day period, and the Owner, within such time as the ACC shall specify, but not less than 30 days, shall either remove or alter the improvement or take such other steps as the ACC shall designate. If no action by the ACC is taken within 30 days of the date of completion of the improvement, the action shall conclusively be deemed to be satisfactory to the ACC. 6. Exclusions. During 'the development period which is defined as the construction of the initial residences on the property, the Declarants shall have the right to waive the plans and specifications review for builders in SUNSET MEADOWS. Any such Declaration of Covenants, Conditions and Restrictions Page 16 R\127\SUNSET\ZDEC1.ARA.00V waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration and all structures and improvements shall meet all standards and restrictions contained in these Declarations. It shall not be necessary for the ACC to approve the plans for the initial residence to be constructed on Lot 1 provided the residence constructed on Lot 1 shall be in compliance with all of the standards or restrictions set forth in this declaration and any residence and all structures or improvements shall meet all standards and restrictions contained in these declarations with the exception that a detached two or three car garage shall be permitted to be constructed on said Lot 1. XV. PERMITTED AND PROHIBITED USES 1. Land Use and Building Type• All lots subject to these Protective Covenants shall be used only for residential purposes. No structures of any kind shall be erected or permitted to remain on any lot other than single family residences, garages, work shops, and structures normally accessory to such residences. No car ports will be allowed and all garages must have doors. All dwellings shall be of a "stick built" variety. Mobile homes, manufactured housing, and modular homes are specifically not permitted. One two -car or three -car garages are,permitted-and they shall be -incorporated in -or made apart -of the dwelling house and no detached. garages shall be permitted, unless approved by the ACC. 2. Completion of Construction. The construction of any building on any lot, including painting and all exterior finish, shall be completed within six months of beginning of construction so as to present a finished appearance when viewed from any angle. The building areas shall be kept in a reasonably clean and workmanlike manner during construction. All lots shall be kept in a neat and orderly condition, free of brush, vines, weeds and debris. Grass thereon shall be cut and mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3. Landscape Completion and Standards. The landscaping shall be installed prior to occupancy or within 30 days after substantial completion of the residency on any lot, whichever shall occur first. If inclement weather conditions prevent the timely installation of said landscaping improvements, the lot owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. Landscaping shall be installed as follows: 4. (i) That at the front ten (10 ) feet of each . lot up to the edge of the hard surface of the road shall have lawn installed Declaration of Covenants, Conditions and Restrictions Page 17 R\127\SUNSET\ZDECLARA.COV by either grass sod or hydroseeding and that in addition, there must be installed a minimum of 1,000 square feet of lawn either by hydroseeding or in grass sod within the front yard of each lot on or before occupancy or within thirty days after substantial completion of a residence on any lot, whichever shall occur first. If inclimate weather conditions prevent the timely installation of said landscaping improvements, the lot owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. That the entire front yard of each such lot from the front wall of the main dwelling to the edge of the hard surface of the roadway must be landscaped within sixty (60) days after occupancy or substantial completion of the residence on any lot, whichever shall occur first. (ii) Front Yard. "Front yard" shall be defined as the lot area extending from the edge of the hard surface of the road adjacent to said lot back to a line measured parallel with the front wall of the main dwelling on the lot exclusive of any garage projections. (iii) Landscaping on each lot shall make use of significant grass sod or hydroseeding- and at least fifty percent (50%) of the minimum." front. yard" landscaped area on each lot shall, be maintained.as.-lawn area unless.otherwise-approved by the ACC, however, the initial ten -(10) feet measured from the edge of the hard surface of the public street shall be in lawn area unless otherwise approved by the ACC. This provision shall also apply to those lots with side yard fronts on a public street. (iv) Within ninety (90) days after occupancy, all corner lots with visible back yard areas from adjacent street right-of- ways shall have landscaping completed on the entire lot area unless otherwise approved by the ACC. (v) Driveways. All driveways shall be paved with concrete no later than the date of completion of construction of the residence on any lot. However, on any driveways which exceed fifty ( 50 ) feet in length, those driveways may be asphalted subject to the approval of the ACC. , 4. Business and Commercial Use. No trade, craft, business, professional, commercial, or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, except the right of any home builder or owner to construct residence' on any lot, and to store construction materials and equipment on said lot in the normal Declaration of Covenants, Conditions and Restrictions Page 18 R\127\SUNSET\ZDECLARA.00V course of said construction. No any lot which is or may become surrounding owners, excepting the construction of a single family activity sh4a?1 be engaged in on an annoyance or nuisance to the normal activities incurred in the residence on any lot. 5. Ouality of Construction. The principle structure of each Lot shall be constructed by a licensed building contractor. d 6. Parking. No vehicles shall be permitted to park on the roads which serve as_ a means of ingress and egress for a period exceeding 24 hours. No vehicles, including trailers and boats, shall be permitted to park on driveways for a period exceeding 72 hours. h, No trailer, camper, recreational vehicle, house trailer, utility trailer, or boat and/or boat trailer may be kept on any lot unless housed within a garage or suitably screened from view from any street or road of any other residences. All materials used in screening in order to comply with this provision shall be subject to the provisions of this Declaration. 7. Nuisances,. No noxious or undesirable thing, or noxious or undesirable use- shall be permitted or maintained upon any Lot or 'upon any other portion of the Properties. If the Board determines that a thing or use. is undesirable or noxious, that determination shall be conclusive. Any motor vehicle (including motorcycles, ATVs, 'and go-carts) making repeated trips in and around the Property and roadway shall be automatically deemed a nuisance. 8. Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection. with the construction of any approved improvement, no excavation or fill - shall be made nor shall any dirt be removed from any Lot herein. 9. .Drainage. The owner of any lot.may not take any action which would interfere with surface water drainage across that lot either -'through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or 'through- drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. 10. Use During Construction. Except with,the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board. have been completed. Declaration of Covenants, Conditions and Restrictions Page 19 R\127\SUNSET\ZDECLARA.COV 11. Signs. No sign shall be erected or maintained on any lot except that not more than one "For Sale" or "For Rent" sign placed by the owner or by a licensed real estate agent,*not exceeding 24 inches high and 36 inches long may be temporarily displayed on any lot. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner. Declarants shall also have the unrestricted* right to place and maintain such other advertising signs as may be required by Declarants to promote the sale of any lots by Declarants, including, but not limited to monument type signs at the entrance to the subdivision. 12. Animals. The only animals or fowl of any kind which shall be raised, bred, or kept on any lot shall be cats, dogs, or `birds and only if they are. not bred or maintained for any commercial purpose. In any,event they shall not be kept in numbers or under conditions as to interfere with or jeopardize any owner's use and enjoyment of his 'lot. All dog runs and kennels must be screened from view from both the roadway and from adjoining properties and the design and location shall be approved by the ACC. All pets must be kept under the control of the owner and cannot be out of the owner's yard without appropriate restraint by leash. The Association may adopt rules and regulations relative to the keeping of animals,on any lot. 13. Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 14. Temporary Structure. No structure of a temporary or removable character, including but not limited to, a trailer, mobile home, basement, tent, shack, garage, barn or any other building shall be kept or used on any Lot at any time as a " residence. This provision`shall not be deemed to.prevent the use of a construction shack or trailer for purposes of storage or security at any time during the initial period of construction. 15. Utility Lines; Radio and Television Antennas. All electrical service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or exterior radio or television transmission or receiving antennas or satellite dishes shall be erected, placed, or maintained on any part of such premises except as approved by the ACC prior to installation or Declaration of'Covenants, Conditions and Restrictions Page 20 R\127\SUKSET\ZDEC1ARA.COV • construction. All satellite dishes must note visible from any street. Any waiver of these restrictions shall not constitute a waiver as to.other Lots or lines or antennas. 16. Tanks, Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clotheslines, garbage can, equipment, coolers, wood piles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Easement Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. 17. Auto Regair. No major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. 18. Dwelling Size. Single story structures exclusive of open porches and garages shall contain not less.than 1,000 square feet. Multi -storied structures exclusive of garages and open porches shall contain not less than 1,400 square feet. No dwelling shall exceed three stories in height and not more than one residence shall be constructed on any lot. Garages may be constructed so as to contain more than three vehicles subject to the approval of the ACC. 19. Roofs. All roofing shall be composed of composition in SUNSET MEADOWS and all roofing must be approved by the ACC. Any roofing material not expressly authorized herein may be permitted subject to the approval of the ACC. 20. Fences. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (i) 25 feet of the front property line; or (ii) the distance between the front lot line and the front wall (facade) of the primary residence, subject to (i) the approval of the ACC; and (ii) determination whether such fence, walls, or shrubs would interfere with utility easements, reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fences be allowed between the front lot line and the front, wall (facade) of the primary residence. No barbwire, chainlink, corrugated fiberglass fences shall be erected on any lot, except that chainlink fencing for Declaration of Covenants, Conditions and Restrictions Page 21 R\127\SUNSET\ZDECLARA.COV sports facility enclosures may be considered for approval by the ACC upon request. All fences, open and solid, are to meet with the requirements and standards for fencing as may be adopted by the ACC and any deviation therefrom must be approved by the ACC prior to construction. Chainlink fencing shall be allowed to enclose retention or open space facilities as required by -Ada County. - For corner lots fencing closer to the front property line than as otherwise allowed in this paragraph may be approved upon review by the ACC. 21. Building Setbacks. No building shall be located near to the front, rear, or side lot line than permitted by the Ada County ordinances or as shown on the face of the final plat map, or as may be approved by Ada County. 22. Maintenance of Structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. 23. Firearms. The use of firearms is expressly prohibited. 24. Dirt bikes and/or ATV. No unlicensed motor vehicles, including motorcycles; dirt bikes, motor. scooters, ATV's etc., shall be. permitted. on any road within -,the plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot, or on adjacent roads in an unsafe manner or in such a way to create a hazard or nuisance. 25. Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damages as a result of dwelling construction activities, or�other activities by owner, by persons acting for owner, or by persons in or around the property at the request or.with the consent of the owner. 26. Building Materials. All homes constructed on each lot shall be built of new materials, with the. exception of "decor" items such as used brick, weathered planking, and similar items. The ACC will determine if a used material is a "decor" item. In making this determination the ACC will consider whether the material harmonizes with the aesthetic character of the other residences within the subdivision and whether the material would add to the attractive development of the subdivision. All siding and trim are to be resawn wood or an equivalent to be approved by Declaration of Covenants, Conditions and Restrictions Page 22 R\127\SUNSET\ZDECLARA.COV U • the ACC. All visible masonry shall be native stone, brick or stucco. Exterior colors must be approved by the ACC. Exterior trim, fences; doors, railings, decks, eaves, gutters, and the exterior 'finish of garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Generally, colors shall be muted earth tones, grays, beiges, and similar shades. 27. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the properties without the owner first obtaining a building permit and other necessary permits from the, proper local governmental authority and written approval of such permits from the ACC as well as a plan check approval as required by this Declaration. 28`. Codes. All construction shall conform to the requirements of the State of Idaho rules and regulations for installing electric wires and equipment, and the uniform codes (building mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. _ 29.. Entry for Inspection. Any agent, officer, or committee member, or. Declarants,. may at any reasonable predetermined hour. upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon, and across residential lots for the purpose of making and carrying out such inspections. XVI. INSURANCE REQUIREMENTS The Association shall maintain if required any insurance or fidelity bond requirements established by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association, except to the extent such coverage is not available or has been waived in writing. XVII. DAMAGE OR DESTRUCTION 1. In the event of damage or destruction to all or part of the Common Area, the .insurance proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the Common Area in Declaration of Covenants, Conditions and Restrictions Page 23 R\127\SUNSET\=ECLARA.COV { 77 • accordance with the rebuilding shall Directors. E • original plans. Such repair, be arranged for promptly reconstruction or by the Board of 2. If the insurance proceeds are insufficient to pay for the cost to repair the Easement Areas, the Board shall promptly, but in no event later than ninety (90) days after the date of damage or destruction, given notice to and conduct a special meeting of the Owners to review the proposed repairs, replacement and reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The Owners shall be deemed to have approved the proposed repairs, replacement, and reconstruction as proposed by the Board at that meeting, unless the Owners decide by an affirmative vote of fifty one percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or reconstruct the premises in accordance with the original, plan in a different manner than that proposed by the Board. In any case, however, use of hazard insurance proceeds for other than repair, replacement, or reconstruction of the Common Area in accordance with the original plans shall not be permitted without the prior written approval of at least sixty seven percent (67%) of the ,First Mortgagees (based on one vote for each first mortgage owned) or Owners (if .there is not first. mortgage on that Lot) of. the Lots. . XVIII CONDEMNATION In the event of a partial condemnation of the Easement Areas, the proceeds shall be used to restore the remaining Easement Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. XIX. MORTGAGEES' PROTECTION 1. As used in this Declaration: (1) "mortgage" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (2) "foreclosure" includes a notice and sale proceeding pursuant to a deed 'of trust or sale on default under a security agreement; and (3) "institutional holder" means a mortgage Declaration of Covenants, Conditions and Restrictions Page 24 R\127\SUNSET\ZDECLARA.00V which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, ariy corporation or insurance company, or any federal=or4state agency. 2. The prior written approval of at least 75% of the First Mortgagees (based on one vote for each first mortgage owned) of the individual Lots shall be required for any of the following:, (a) The abandonment or termination of the PUD status of the project, except for abandonment or termination, if any, provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain. (b) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Owners Association, including but not limited to, any amendment which would change the pro rata interest or obligation of any individual Owner for the, purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards. (c) The effectuation of any decision by the Owners Association to terminate professional management and assume self- management- (however,- this, shall not be, deemed or construed to require professional management). (d) Partitioning or subdividing any Lot. (e) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or transfer the Easement Areas; provided, however, that the granting of easements for public utilities or other public purposes consistent with the intended use of 'the Easement Areas shall not be deemed a transfer within the meaning of this clause. (f) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common property walks or common fences and driveways, or to the upkeep of lawns and plants in the properties. (g) Any act or omission whereby the Association fails to maintain fire and extended coverage on insurable properties common ,property on a current replacement cost basis in an amount not less Declaration of Covenants, Conditions and Restrictions Page 25 R\127\SWSET\ZDEC1ARA.COV than 100% of the insurable value (based ,on current COStS) replacement (h) Use of hazard insurance proceeds for losses to any properties common property for other than the repair, replacement or construction of such common property. 3. - Each First Mortgagee (as well as each Owner) shall be entitled to timely written notice of: ' (a) Any significant damage or destruction to the Easement Areas. (b) Any condemnation or eminent domain proceeding effecting the Easement areas. (c) Any default under this Declaration or the Article of Incorporation or Bylaws which gives rise to a cause of action against the Owner of a Lot subject to the mortgage of such holder or insurer, where the default has not been cured in thirty (30)` days. (d) Any proposed abandonment or termination of PUD status, of thisproject (e) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. 4. Each First Mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours. (b) Require the preparation of and, if preparation is required, receive an annual audited, financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year. (c) Receive written notice of all meetings of the Owners Association and be permitted to designate a representative to attend all such meetings. 5. First Mortgagees of any lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Easement areas, and may pay overdue Declaration of Covenants, Conditions and Restrictions Page 26 R\127\SUNSET\ZDECLARA.COV T �J 0 premiums on hazard insurance policies", or secure new hazard insurance coverage on the lapse of policy, for such Easement Areas, and the First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. XX. GENERAL PROVISIONS I. Binding. Effect. All present and future Owners or occupants of Lots shall be subject 'to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are Accepted "and, ratified by such Owner,or.occupant, and all such provisions shall be -deemed and taken to be covenants running with the land and shall bind any person -having at the time any interest or estate., in such Lot, as though- such. provisions were recited and stipulated at length in each, and every deed and conveyance or lease -thereof.- I 2. Enforcement by Court Action. The, Association, the Declaration, the"ACC, the Homeowner's Association, or any lot owner shall_have'..the right -to enforce,, by any proceedings at law or in equity, _all restrictions,. conditions, covenants, reservations, liens and . charges now or hereafter -imposed by the.. provisions of this Declaration. Should..the Association or: any Owner -employ counsel �.to.. enforce any` of the:. foregoing .covenants,. coriditions,' reservations, or restrictions, all costs -incurred in, such enforcement, including a reasonable-'fe'e for counsel, shall be paid by the Owner found to be in violation of said,'condition, covenants, reservation, or restriction, or found for -be delinquent in the payment of said lien or charge. _ 3. Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not' be construed as a permission -to breach the 'peace. 4. Condition Precedent to Action. Prior to taking action either,by court or by self help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. Declaration of Covenants, Conditions and Restrictions Page 27 R\127\SUNSET\zDECLAP_A. C0V • .• 5.y Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may filed as a line upon such lot, enforceable as other liens herein. 7. Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Idaho in existence at:the time of any such arbitration. 8. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney -fees. For the purposes of this declaration "legal. action" shall include arbitration, law suit,_. trial appeals, and any action,, negotiations,: demands', counseling -or otherwise. where- the prevailing party;has;hired an attorney.- It is the intent.of this provision to reimburse the prevailing party for -all reasonable. attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 9. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising any rights, power,"or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable.. 10. Severability. Invalidation of any, one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. 11. Interpretation. In interpreting this Declaration, the term "person"' may include natural persons, partnerships, corporations, associations, and personal representatives. The Declaration of Covenants, Conditions and Restrictions Page 28 R\127\SUNSET\2DECLARA.COV A singular may also include the plural and. the masculine may..include the feminine, or vise versa,, where the =context so admits or requires This Declaration- shall,be,liberally construed in favor of the party seeking ,to tenforce ;its -provisions to, effectuateA the purpose of protecting and enhancing the value, marketability, and desirability of -the Properties, by providing a common plan for the development of Summerview Estates., 12. Amendment by Court Action, The Homeowner's Association and/or any -lot owner shall have the right -to seek amendment by way of a civil suit wherein the basis for the amendment is either (a) governmental requirements; or (b) manifest unfairness due to substantially changed circumstances -beyond the.control of the lot owner seeking the amendment. in any -such court action the court may exercise its equitable powers to grant such relief as is deemed appropriate. 13. Term. This Declaration shall be effective for an initial term of 30 years, and thereafter" by automatic extension for successive periods..of 10 years each, unless terminated, at the expiration:of the initial..term;or-any succeeding -10 year term�byaa termination. agreement, executed by the, then ownersaof•not, less than 75% of the lots then,, subject, to- this. Declaration., Any termination, agreement, must be In -writing, signed by the approving I owners, :and must be. recorded -with :_: the, County; Auditor.::. 14. Amendment by Lot Owners. After Declarant has sold 75k of the lots, this Declaration can be amended only by an affirmative vote of `the owners of 75% of the lots. Provided, no amendment shall be passed which materially impairs the substantial rights of a lot owner as established herein unless the impacted lot owner consents in writing. Any such amendment -must be in writing, signed by the approving lot owners, and reported with the County,. Auditor'. 15. Amendment -by Declararit. Notwithstanding any other provision of this Declaration,,this Declaration can be amended at any time by Declarant prior to the' -time that the Declarant has sold and closed` 75% of the lots and'all lot owners agree to be 'bound by such amendment or. amendments. Thereafter-thi`s Declaration can be amended only as provided for in this Declaration.' ired hereunder shall be deemed 16. Notice. Any notice requ effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it.appears on:the County Assessor's tax records and to.the,_street"address of the lots) herein. Notices to lendors shall be sent -to the last Declaration of Covenants, Conditions and Restrictions Page 29 R\127\SUNSET\ZDECLARA.COV r a: lF address the lender has given to the` Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of , • " 19 SUNSET MEADOWS, L.L.C., an Idaho Limited Liability Company. . ' 11 By PROJECTS WEST, INC., a Washington Corporation By: _. STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of ,1999 , before me, the undersigned, a Notary Public in and for the State of Idaho duly commissioned and sworn, personally appeared and to me known to be the Members, respectively, of Sunset Meadows, L.L.C., the Idaho Limited Liability Company that executed the.foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Idaho , residing at My commission expires: } Declaration of Covenants, Conditions and Restrictions, Page 30 R\127\SUNSET\ZDECLARA.00V C 0 0 STATE OF WASHINGTON ) 88. COUNTY OF PIERCE On this day of 11 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known 'to be the President respectively, of Projects West, Inc., the corporation that executed the. foregoing instrument,.and acknowledged the said instrument to be the free and voluntary -act and deed of `said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Declaration of Covenants, Conditions and Restrictions Page 31 R\127\SUNSET\=ECLM1A.COV EXHIBIT A Legal Description r Lots 1 through -101 of Sunset Meadows, Ada County, Idaho said Plat recorded under Ada County Auditor's Recording No. together with and subject to easements of record situated in the County of Ada State of Idaho d 4.* w Declaration of Covenants, Conditions and Restrictions Page 32 R\127\SUNSET\ZDECLARA.COV L,E Ern lric.- ,V "'i I t, 1 TO: Shari Stile Planning and Zoning Administrator = >200 k Carlton, Suite 201 _ Meridian, Idaho, 83642 r DATE: , June 1, 1999 - r RE. English Gardens Subdivision - Ms. Stiles: On be ' , half of Projects'.West, ,we are submitting this application for 'a Subdivision Preliminary; Platon 31.94 acres located on the 'southeast corner of Ten Mile Road and Cherry Lane, Meridian, Idaho. _ The property is zoned R=4 and the proposed \Subdivision consists of 101. single-family lots, 7. open space lots,,2 drainage lots, and 1 irrigation lot. a The property iscurrently,zoned R-4 and 'isg�enerall vacant land` with a single! famil r,esidence and _ "-out buildings.: The current^zoning of R-4, with` a net density' of 3.47 dwelling units per acre for; the project, is compatible with the policies and goals of the Meridian City Comprehensive Plan. Sewer and water, (Meridian) 'will be extended to the site at the expense of the developer. All other utilities will be provided to the site. All streets, curbs,''gutters and'sidewalks will be'dedicaied to the public and built to Ada County Highway District- standards., The Ten Mile Creek, under the - jurisdiction of the Bureau of. Reclamationand,Nampa-Meridian 'Irrigation District, divides this property and is proposed to be left open with the exception of.the proposed crossing which will\ `necessitat,theneed for tiling in that area. if ' The `, development .will , have '7 landscape lots . along _10 Mile Road and ✓Cherry Lane and a pathway%greenbelt along the 10 Mile Creek `all` of -which ,will ,be maintained by, the Subdivision 4 Homeowners Association: The proposed pathway.will give this -site direct access to Fuller Park to w the east This project is compatible with the surrounding area and' as such.will not change the, general use or character of the property'and will not have any adverse' effect on the surrounding properties.. The .`, 11 P NN, traffic impact orithe surrounding streets should be minimal as Ten MileRoad and Cherry Lane a both designated as Arterial Roads with capacity -to carry the added,traffic from this development'/, : : , : 1, 870 NORTH CINDER . SUITE B MERIDIAN, IDAHO , 83642 208) 887-7760 FAX (208) 887-7781 REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & 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: English Gardens 2. General Location: Southwest corner of Ten Mile Road and Cherry Lane 3. Owners of Record: Projects West Address: 2014 Meridian Street South, Puyallup, WA Zip 98371-7510 Telephone (253) 841-5603 4. Applicant: Same Address: ,Zip Telephone 5. Engineer:–David Bailey / Bob Unger Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name:_Projects West Address 2014 Meridian Street South, Puyallup, WA 98371-7510 Telephone (253) 841-5603 PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres: 31.94 2. Number of building lots: -101 3. Number of other lots: 10 4. Gross Density per acre: 3.47 5. Net density per acre: 3.16 6. Zoning Classification(s): R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? Yes – The 10 Mile Drain 9. Have recreational easements been provided for? Yes 10. Are there proposed recreational amenities to the City? No .11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 12. What school(s) are in the area? Meridian Do you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial combination): Residential_ 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other):_Single Fam 16. Proposed Development features: a. Minimum square footage of lot(s): 8,000 sq. ft. b. Minimum square footage -of structure(s):_ 1,400 sq. ft. C. Are garages provided for? Yes Square footage: 500 sq. ft. min. d. Has landscaping been provided for? Yes _Discribe: A total of 7 e. landscape lots along 10 Mile Road and Cherry Lane f. Will trees be provided for? Yes_Will trees be maintained? Yes g. Are sprinkler systems provided for? Yes = Pressurized System h. Are there multiple units? No Types: N/A i. Are there special set back requirements? No Explain: j. Has off street parking been provided for? Yes Explain: Within k. proposed driveways of each building lot_ 1. Value range of property: $150,000 - $300,000 M. Type of financing for development: Owner / Developer financed n. Were protective covenants submitted? Yes —Date: -6/l/99 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 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. PC R• • 0 Z L9LL-L99 (90Z) X-� 09LL-L99 (90Z) Hd S ZtW9 OHbal `NVIGRJ31N 8 31inS `OVMJ �JBaNll 'N OL9 � z 'ONI S�:138NION8 810VNNld S W PINNACLE ENGINEERS, INC. N 870 N. LINDER ROAD, SUITE B MERIDIAN, IDAHO 836420 3 PH (208) 887-7760 FX (208) 887-7781 wfl n"I CIE0 R 08 co Ir - � J � c� 8 E2 04 co v in t z z III -- 1j I I !L—] ) i, 1 1 L ) t. —, U peon �40 Noel yya PINNACLE ENGINEERS, INC. 870 N. LINDER ROAD, SUITE B MERIDIAN, IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781 ijew n ea o9 a �' 1 -- 1j I I !L—] ) i, 1 1 L ) t. —, U peon �40 Noel yya HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (-08)884-4_, 64 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 R.EC] IEV-108) 887 2221 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481 PL KING AND ZONING KEITH BIRD J UN0 8 1999 DEPARTMENT (_08)884-5533 CITY OF i7Et`iIDUN PLANNING & ZONING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: PP -99-011 REQUEST: PRELIMINARY PLAT FOR ENGLISH GARDENS SUBDIVISION (101 BUILDING LOTS ON 31.94 ACRES) BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SW CORNER OF TEN MILE RD & CHERRY LN _ 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 IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: PINN , ACLE Engineers, ][Inc. i v: !onari 6t 'es Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: June 1, 1999 RE: English Gardens Subdivision — Seasonal groundwater report Ms. Stiles: Based upon the U. S. Department of Agriculture, Soil Conservation Services Soil Survey of Ada County Area, the following information is provided for your review: Soils in -the north half of the project .are Purdam silt loam with an estimated, high water table of > 6 ft. - Soils in the south half of the project are Aeric haplaquepts with an estimated high water table of 1.5 - 3 ft. We are currently monitoring the property to better determine precise water,table depths. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. WSincernger Project Manager- cc: anager cc: File#C996017 - - Paul Edminster 870 NORTH LINDER SUITE B MERIDIAN, IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 PINN,ACLE Engineers, 111C. I kJ: onan ,juies Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE:' June 1, 1999 RE: English Gardens Subdivision Ms. Stiles: Please be advised that we are not requesting any variances on the above referenced project. If you have -any questions or comments regarding this matter, please call meat (208) 887-7760. Sincere obert C. Unger , Project Manager cc: File #C996017 Paul Edminster 870 NORTH CINDER SUITE B MERIDIAN, IDAHO 83642 • (208) 887-7760 FAX (208) 887-7782 0 D 00-0. I 0 I I I S n z L9LL-L99 (90Z) Xd 09LL-199 (90Z) Hd ZV9E9 OH`dC]I NVIC NI N �z 8 DIM C VMJ 2J3QN1l 'N OL9 'ONI `S�:I33NION3 3-10VNNId AFFIDAVIT OF LEGAL INTEREST I, Paul M. Edminster, President, Projects West, 2014 Meridian Street South, Puyallup, WA 98371-7510, being first duly sworn upon oath, deposed and say: 1. That -I am the record owner of the property described on the attached, and I grant my permission to Pinnacle Engineers, Inc., 870 N. Linder Road, Suite B, Meridian, Idaho 83642 to submit the accompanying application for a Preliminary Plat 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 201h day of May, 1999. Paul M. Edminister, President Projects West SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at Mtx�d c n . i rlrho My Commission Expires: g-1,-2ooZ N RECL ,ED -REQUEST OF ADA COUNTY RECORDER J. DAV10 NAVARRO r'MSF.. IDAHO FEE �DEPUTY -94*L 1999 AP -7 PM 4:31 99033994 STEWART TITLE Ti)E r 'CAD 9N A SOV ED Order No. 98004437 ('pq N1A By This form furnished by Stewart Title of Idaho, Inc. QUITCLAIM DEED THIS INDENTURE, Made this 26th day of March in the year of our Lord one thousand nine hundred and ninety nine between U. S. BANK NATIONAL ASSOCIATION, F.K.A. WEST ONE BANK, IDAHO as Custodian of the Gerald E. Carlson IRA as Grantor and PROJECTS WEST, INC., a Washington corporation 4. whose current address is 2014 Meridian Street South, Puyallup, WA 98371-7510 as Grantee WITNESSETH That said Grantor for and in consideration in lawful money of the United States of America, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does by these premises remise, release and forever QUITCLAIM, unto the said Grantee and to its heirs and assigns all that certain lot, piece or parcel of land, bounded and particularly described as follows, to -wit: AS PER LEGAL DESCRIPTION ATTACHED HERETO TOGETHER With all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD, All and singular tate said premises, together with the appurtenances, unto the Grantee and to its heirs and assigns forever. IN WITNESS WHEREOF, The said Grantor has hereunto set its hand and seal the day and year first above written. U. S. BANK NATIONAL ASSOCIATION F.K.A. WEST ONE BANK, IDAHO SANDRA JENC NEWMAN, Trust Property Officer State of ID ss. County of ADA On this / A, f day of _ - /i p�4 " 1999 before me, the undersigned, a Notary Public, in and for said State, personally appeared SANDRA JENCKS NEWMAN known to me, and/or identified to me on the basis of satisfactory evidence, to be the Custodian ofTHE GERALD E. CARLSON IRA nd the Trusi/diat executed the within instrument and executed the same on behalf of said Trust. WITNESS Ml HAND AND O/F'FICIAL SEAL Notary Public / Residing at:� Counnission Expires: to me that �S$A '6 > • :.,� "' ° ik` • i ARkS VAts proAr, L& 1045 • 6401 VWW Rud • loin, It 83?04 • 1208) M4701 PROPERTY DESCRIPTION PARCEL "A" A parcel of land lying in the NW IM of Section 10, T.3N., R.1W., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W1/16 Corner common to Sections 3 and 10, T.3N., R. 1W., B.M., Ada County, Idaho; thence N.89°36'16"W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NW1/4 NW1/4 of said Section 10 to a found Brass Cap marking the Section Corner common to Sections 3, 4, 9, and 10; thence S.0°00'00"W. 650.20 feet along the west boundary of the said NW 1/4 NW 1/4 of Section 10 to a point, said point bears N.0°00'00"E. 1998.63 feet from a found Brass Cap marking the W1/4 Corner of said Section 10; thence 5.88°00'00"E. 25.02 feet to a set 5/8" iron pin marking the intersection of the easterly right of way of Black Cat Road and the north boundary of the Ten Mle Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, said pin also marking the R>✓AL POIW Of BEGINNING; tbmce N.0°00'00" E. 230.47 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pin; thence leaving the said easterly right of way of Black Cat Road, 5.90000'00"E. 175.00 feet to a found 5/8" iron pin, thence N.0000'00"E. 217.80 feet to a set 5/8" iron; thence X.90°00'00"W. 158.00 feet to a set 5/8" iron pin lying On the said easterly right of way of Black Cat Road, said pin lying 42 feet right of centerline Station 203+42.12 of Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence X1.0°00'00"". 117.46 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pin, said pin lying 42 feet right of centerline Station 204+59.58 of said Anda County Highway District, Cberzy Lane Improvement Plans, Project No. 52058.0; Calks Koh, 1.1 7045 • 440S UrMrk Raaf • Bda; M 13704 • 12081 d ra-rro3 thence leaving the said easterly right of way of Black Cat Road, N.2$024'02"E, 34.10 feet to a set 5/8" iron pia lying oa the southerly right of way of Cherry Lane, said pin lying 45" feet right of centerline Station 24+55.38 of said Ada County Highway District, Cherry Lane Improvement Plm, Project No. 52058.0; thence along the said southerly right of way of Cherry Lane the following courses and distances: S.89035'07"E. 288.48 feet to a set 5/8" iron pin rnarldng a point of curve to the left, said pin lying 45 feet right of centerline Station 27+43.86 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058,0; thence along said curve to the left a distance of 104.54 feet, said clove having a delta of 01102'14", a radius of 5775.00 feet, tangents of 52.27 feet, and a long chord of 104.54 feet which bears N.89053'46"E. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 29+47.59 PT of said .Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence N.8V22'W'E. 461.71 feet to a set 5/8" iron pin marking a point of curve to the left, said pin lyitag 45 feet right of centerline Station 33+09.30 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No, 52058.0; thence along said curve to the left a distance of 100.10 feet, said curve having a delta of 01°00'32", a radius of 5685.00 feet, tangents of 50.05 feet, and a long chord of 100.10 feet which bears N.8V52'23"E. to a set 5/8" iron pin marking the point of end' of said curve, said pin lying 45 feet right of centerline Station 34+10.20 PT of said. Ada County ?Ughway District, Cherry sane Improvement Plans, Project No. 52058.0; Qohm Afs kl, U 7045 • 64051lofkk Rrri 'a ROW, 10 93AW - WV J78-1165 thence S.W11746" E. 310.61 feet (formerly 310.38 feet) to a found 112" iron pin; thence leaving the said southerly right of way of Cherry Lane, S.0°05'30"W. 642.31 feet to a set 5/8" iron pin lying on the said north boundary of the Tett Mule Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence N.88000'00"W. 1298.35 feet along the said north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, to the point of beginning, containing 17.52 acres, more or less. SUBJECT TO: Any easements or rights ofway of record or in use. f o*N'L LANA fU ,�Qi5ti44'�1S? I � � 7445 T OF �� 5 ��-413 4 0,11os go#*#, U 1"S • 6149 flf&k hd • drh1,10 IS704 . (200 M410S PROPERTY DESCRIPTION PARCEL "B" A parcel of land lying in the NW1/4 of Section 10, T.3N., R 1W., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W1/16 Comer common to Sections 3 and 10, T.3N., R. 1W., B.M., Ada County, Idaho; thence N.89°3616"W. 1322.62 feet {formerly 1322.58 feet) along the north boundary of the NW1/4 NWI/4 of said Section 10 to a found Brass Cap roaming the Section Corner common to Sections 3, 4, 9, and 10; thence S.0900'00"W. 1324.41 feet along the west boundary of the said NWIM NW1/4 of Section 10 to a set 519" iron pin marking the NI/16 Comer common to said Section 9 & 10, said pin bears N.0°00'00"E. 1324.42 feet (formerly 1324.36 feet) from a found Brass Cap marking the W1/a Corner of said Section 10; thence S.8903314711E. 25.00 feet to a set 5/8" iron pin lying on the easterly right of way of Black Cat Road, said pin also marking the REAL POINT OF BEGINNING; thence N.0°00'00"E. 553,43 feet (formerly 549.86 feet) along the said easterly right of way of Black Cat Road to a set 5/8" iron pin marking the intersection of the said easterly right of way of Black Cat Road and the south boundary of the Ten Mile Drain as recorded is Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence $.88°00'00"E.1081.28 feet along the said south boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a chiseled "X" in an existing concrete irrigation ditch; thence S.4910ob'00"E, 127.00 feet to a set 5/8" iron pin lying on the westerly boundary of the said Ten Mile Drain as recorded in Book 1 I8 of Deeds at Page 456, records of Ada County, Idaho; thence S.0°06'00"W, 441.51 feet along the said westerly boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho toa set 518" iron pin lying on the south boundary of the said NW1/4 NW1/4 of Section 10; C�IN+� Mir �, [. �� a s w' • 46s UAW Rud • • &In,1#41M • jtos j 3 t�-rro� thence leaving the said westeky boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, N.84°33'47"W. 1175.88 feet along the said south boundary of the NWl/4 NW1/4 of Section 10 to the point of beginning, containing 14.42 acres, more or less. SUBJECT To: Any easements or rights of way of record or in use. LANA ?BSO � O a 3 045 �9 q o LEEN 14�'� a AR4 40to prorke, L1 ?04S • 60f Mdkk Rud • loin, 10 83104 • [in] 3f0•1701 PROPERTY DESCRIPTION PARCEL"A" A parcel of land lying in the NWIM of Section 10, T.3N., R 1W., B.M. Ada County, Idaho and being more particularly described as follows: Commencing ata found 5/8" iron pin marking the W1/16 Comer common to Sections 3 and 10, T.3N., R. 1W., B.M., Ada County, Idaho; thence N.89°36'16"W. 1322.62 feet (formerly 1322.58 feet) along the north boundary of the NW1/4 W1/4 of said Section 10 to a found Brass Cap marking the Section Corner common to Sections 3, 4, 9, and 10; thence S.0°00'00"W. 650.20 feet along the west boundary of the said NW 1/4 NW 1/4 of Section 10 to a point, said point bears N.0°00'00"E. 1.998.63 feet from a found Brass Cap marking the W114 Comer of said Section 10; thence S.88900'00"E. 25.02 feet to a set 5/8" iron pin marking the intersection of the easterly right of way of Black Cat Road and the north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, said pin also marking the MAL POINT Of BEGINNING; tbence N.0°00'00"E. 230.47 feet along the said easterly right of way of Black Cat Road to a set 518" iron pin; thence leaving the said easterly right of way of Black Cat Road, S.90000'00"E° 175.00 feet to a found 5/8" iron pin; thence N.0000'0011E. 217.80 feet to a set 5/8" iron; then,ge-N,90°00'00"W. 158.00 feet to a set 5/8" iron pin lying an the said easterly right of way of Black Cat Road, said pin lying 42 feet right of centerline Station 203+42.12 of Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; thence N.0°00+00t,E. 117.46 feet along the said easterly right of way of Black Cat Road to a set 5/8" iron pin, said pin lying 42 feet right of centerline Station 204+59.58 of said Ada County Highway District, Cheery Lane Improvement Plans, Project No. 52058.0; arras Kiwi,, 1.4 7045 • 440S vim R„! • Bshr;10 0104 • 1208)178-17103 thence leaving the said easterly right of way of Black Cat Road, N.28124'02"E. 34.10 feet to a set 5/8" iron pin lying on the southerly right of way of Cherry Lane, said pin lying 45 feet right of centerline Station 24+55.38 of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 5205 8.0, thence along the said southerly right of way of Cherry Lane the following courses and distances: S.89035'07"E. 288.48 feet to a set 5/8" iron pin marking a point of curve to the left, said pica lying 45 feet right of centerline Station 27+43.86 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058,0; thence along said curve to the left a distance of 104.54 feet, said curve having a delta of 01102'14", a radius of 5775.00 feet, tangents o£52.27 feet, and a long chord of 104.54 feet which bears N.8905346"E. to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 28+47.59 PT of said .Ada County Highway District, Cherry Lame Improvement Plans, Project No. 52058.0; thence N.SV22'39"E. 461.71 feet to a set 5/8" iron pin marking a point of curve to the left, said pin lyWg 45 feet right of centerline Station 33+04.30 PC of said Ada County Highway District, Cherry Lane Improvement Plans, Project No, 52058.0; thence along said curve to the left a distance of 100.10 feet, said curve having a delta of 01°00'32", a radius of 5685.00 feet, tangents of 50.05 feet, and a long chord of 100.10 feet which bears N.98¢52'23"E, to a set 5/8" iron pin marking the point of ending of said curve, said pin lying 45 feet right of centerline Station 34+10.20 PT of said Ada County Highway District, Cherry Lane Improvement Plans, Project No. 52058.0; Qohm moth, L& 70fs • 6403 Utfkk hei - Bel", 10 All?" • (LD1) 3W 103 thence S'.$9117'46"E. 310.61 feet (formerly 310.38 feet) to a found 1/2" iron pin; thence leaving the said southerly right of way of Cherry Lane, S.0°05'3 0"W. 642.31 feet to a set 518" iron pin lying on the said north boundary of the Tett lvlile Aram as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence N.88100'00"W. 1298.35 feet along the said north boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, to the point of beginning, containing 17.52 acres, more or less. SUBJECT TO: Any easements or rights of way of record or in use. o,*ht. LAggN,0h f� o 7045 Of +�4EN r A J Co14+. x (j i*,, U im • W VMA lead • Me, 10 I3704 • (10*1M4101 PROPERTY DESCRIPTION PARCEL A parcel of land lying in the NW1/4 of Section 10, T.3N., R 1W., B.M., Ada County; Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the W1/16 Comer common to Sections 3 and 10, 13N., R. 1W., B.M., Ada County, Idaho; thence N.89°3616"W. 1322.62 feet (formerly 13 22.5 8 feet) along the north boundary of the NWl/4 NW.1/4 of said Section 10 to a found Brass Cap rouking the Section Corner common to Sections 3, 4, 9, and 10; thence S.090010011W. 1324.41 feet along the west boundary of the said NW1/4 NW114 of Section 10 to a set 518" iron pin marking the N1/16 Comer common to said Section 9 & 10, said pin bears N.0000`00"E. 1324.42 feet (formerly 1324.36 feet) from a found Brass Cap marking the WIM Corner of said Section 10; thence S.89°33147"E. 25.00 feet to a set 5/8" iron pin lying on the easterly right of way of Black Cat Road, said pin, also marking the REAL POINT OF BEGINNING; thence N.0°00'00"E. 553,43 feet (formerly $49.86 feet) along the said easterly right of way of Black Oat Road to a set 5/8" iron pin marling the intersection of the said easterly right of way of Black Cat Road and the south boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence S.88°00'00"E, 1081.28 feet along the said south boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a chiseled "X" in an existing concrete irrigation ditch; thence S.49°06'00"E, 127.00 feet to a set 518" iron pin lying on the westerly boundary of the said Ten We Thain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho; thence S.0906'00"W, 441.51 feet along the said westerly boundary of the Ten Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho to a set 518" iron pin lying on the south boundary of the said NW1/4 NW114 of Section 10; `CWfHR M#r*j-, L1 7045 • 6405 Us" hod ■ bin, IP W04 • (300) 3tf-YMS thence leaving the said westerly boundary of the Teo Mile Drain as recorded in Book 118 of Deeds at Page 456, records of Ada County, Idaho, N.89033'47"W. 1275,88 feet along the said south boundary of the NW1/4 NWl/4 of Section 10 to the point of beginning, containing 14.42 acres, more or less. SUBJECT T0: Any easements or rights of way of record or in use, � a 7045 C*ol' 0 F 14 5 - _ _"_..e. Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE 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 (208)884-4264 PUBLIC WORKS, BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 8, 1999 HEARING DATE: July 13, 1999 FILE NUMBER : PP -99-011 REQUEST: PRELIMINARY PLAT FOR IENGLISH- GARDENS- SUBDIVISION (101 BUILDING LOTS ON 31.94 ACRES BY: PROJECTS WEST LOCATION OF PROPERTY OR PROJECT: SE CORNER OF BLACK CAT ROAD AND CHERRY LANE (CORRECTED'LOCATION) — 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 �iLCITY ENGINEER , CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: P1 A CL,1E,,; Er- rigirlee�s ; Inc. K. TO: Shari Stiles Planning and Zoning Administrator •200 E. Carlton, Suite 201 Meridian, Idaho 83642 - DATE: June 151999 - 2RE:', Englishf "Gardens Subdivision Ms. Stiles: On behalf of Projects West,- we are submitting, this application for a Subdivision Preliminary Plat 'on 31.9.4 acres located on the southeast corner of Blackcat Road and Cherry -Lane, Meridian; Idaho. _Tlie property is zoned'R-4 and the 'proposed Subdivision consists 'of 101 single-family' lots, T open space lots, 2 drainage lots, and f irrigation lot. , The property is currently, zoned R-4 and is generally "vacant land with a single family 'residence and out buildings. The current zoning of R-4, with a net density of 3.47 dwelling units per acre for the project, iscoinpatible with the policies' and goals of the Meridian City Comprehensive Plan. Sewer and water (Meridian) .will- be extended to the site at the expense of the`developer. All other utilities will be provided to'the'site: All streets, curbs; gutters and sidewalks will be dedicated to the public and built to -Ada County Highway District standards.' The Ten Mile Creek, •under 'the jurisdiction. of the Bureau of Reclamation and Nampa -Meridian' Irrigation District, divides this ;property and is proposed to be left open with the exception of the proposed crossing which will .necessitate the need for tiling in that area: = The development will 'have' 7 landscape ` lots along Blackcat, Road and Cherry ' Lane -' and a pathway/greenbelt along the 10 Mile Creek all of which will be maintained by the Subdivision Homeowners Association. The proposed pathway' will give this site direct access to_Fuller Park to the east. This project is compatible with the surrounding.area and as such will not change the general use or , character of the property and will not have any adverse effect on the surrounding properties. The _ traffic impact on the surrounding streets'should be minimal as Blackcat Road and Cherry Lane a;\, 'both designated as, Arterial Roads with capacity to carry the added traffic from this development. 870 NORTH ° LINDER SUY I'E - B MERIDIAN, IDAHO 83642 , (208) 887-7760 FAX (208) 887-7781 REQUEST FOR SUBDIVISION APROVAI. PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & 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: English Gardens 2. General Location: Southeast corner of Blackcat Road and Cherry Lane 3. Owners of Record: Projects West . Address: 2014 Meridian Street South, Puyallup, WA�Zip 98371-7510 Telephone (253) 841-5603 4. Applicant: Same Address: Zip Telephone 5. Engineer:_ David Bailey / Bob Unger Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name: Projects West Address 2014 Meridian Street South, Puyallup, WA 98371-7510 _ Telephone (253) 841-5603 PRELININARY PLAT CHECKLIST: Subdivision Features l: Acres: _31.94 2. Number of building lots: 101 3. Number of other lots: 10 4. Gross Density per acre: 3.47 5. Net density per acre: 3.16 6. Zoning Classification(s): R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? Yes — The 10 Mile Drain 9. Have recreational easements been provided for? Yes 10. Are there proposed recreational amenities to the City? No 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain. 12. What school(s) are in the area? Meridian Do you propose any agreements for future school sites? No Explain 13: Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial combination): Residential_ 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other):_Single Fam. 16. Proposed Development features: a. Minimum square footage of lot(s):_8,000 sq. ft. b. Minimum square footage of structure(s):_1,400 sq. ft. C. Are garages provided for? Yes Square footage:_500 sq. ft. min. d. Has landscaping been provided for? YesDiscribe: A total of 7 e. landscape lots along 10 Mile Road and Cherry Lane f. Will trees be provided for? Yes Will trees be maintained? Yes g. Are sprinkler systems provided for? Yes — Pressurized System h. Are there multiple units? No Types: N/A i. Are there special set back requirements? No Explain: S j. Has off street parking been provided for? Yes Explain: Within k. proposed driveways of each building lot_ 1. Value range of property: $150,000 - $300,000 m. Type of financing for development: Nmer / Developer financed n. Were protective covenants submitted? Yes Date: 6/1/99 17. Does the proposal land lock other property? Ng—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 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. EXHIBIT "A" LATECOMERS AGREEMENT ASHFORD GREENS LIFT STATION PROJECT Service Area & Capital Improvements US TICK ROA — . _ 1 1 sEwER. 4s1s �E 277a_�_, �i• t OT3I,RIW,BM u _ Anow I 6 r ( — ZOaty; •.,r� f ISE 4515 LF L NES I 0920CHERRY --- - c (16 ' I LME Qp 1`Y� �1b;.�V I L. wfZ FUTURE 36' TRUNK LINE,,'� OI ASWORD GREENS _ S I I NO. 2 rCOIF COURSE TURNBESiRY I I (IXC) I I t - (PROPOSED) lo THE J — J Al THE#U` `_ — Q @�q��{) PROPOSED) f �' r p S - RI GREENS NO. 4 I►/Y��\y,�`'�I, `'~71, r s Lt��ff .i l -E �.rG, ! t� 1 .I, Z ' , , � tis �, = : �-� r ;•- © JJJ11A `' � •F�- t i � ',. � '.fir i?3f � ,rs 4 3 0 ' 'EA r 1 \Di j s ! r )3 J —A © O 2�O FUTURE UNE M a f� ,\ L_ U 290' 2004 `, . ^� ; 1 t +. ^ 15 ^ 006008 I � •, mQ 12yTS�_.- — T_ FUTURE UNE 38 UUFr STR J )eoUNDARY S 9 ��O Ii ELiE A.PARE)(TG, ;T-- -- —SUE- 1�. N r' PRESSLft SEWER UFT STATION IS' 1020' 2012 W2 ------ J_.._.. . S ALE (APPRO)Q 0040 1000' ti '. � C� ED J U L z 9 1999 - '`Ih PLANINING & ZONINi —4cla CounlyRiq4tvayiJtPid Sherry R. Huber, President 318 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 e-mail: tellus anachd.ada.id.us July 15, 1999 TO: Pinnacle Engineers, Inc. 870 North Linder, Ste B Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: Preliminary Plat En li"sh7Gardens/NIP P-99 1 Black Cat Road/Cherry Lane' On July 7, 1999, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are rewired: Prior to any constriction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Re,istered Professional Engineer, to ether with payment of plan review fee. y b. ExecLtte and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. July 15, 1999 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturingand installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount.speci tied by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat review fee for District acceptance, certifications, and endorsement. The final plat must contain the signed_ endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year: An_exterision of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 337-6170, should you have any questions. SA cc: Plan & Dev SvcsiChron John Edney r Chuck Rinaldi City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - English Gardens/MPP-00-011 Black Cat Road/Cherry Lane English Gardens is a 101 -lot residential, subdivision on 31.9=1 -acres. The site is located at the southeast corner of Black Cat Road and Cherry Lane. This development is estimated to generate 1,100 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. _ Roads impacted by this development: Black Cat Road Cherry Lane ACHD Commission Date - July 7, 1999 - 12:00 p.m. w E U s F ir- imnunnnruinuiiuunrnu11110111. uu.un_.n,lllllll.uldlnuudduu: fi it tri' le r- `f• '+' ' tt i I MUM Ala ww �I r IMUM. . WWUM �Owk. t AI Y R ~ mD Z m >C5 < 45 ! u + i l l IjT 11 I t I i I i a� .[". G� ' Icy D ''y O I� �; ya sl gg $ gg 9 H > z e ggg a in, T >'epr�jiO tI 3 14 l� 74 Y €F °l; -D .e001�� oEiaMa- 8Qaa0@00g0a■jKtj9so o s3o� rMC+ ;u o � �$� c: 0 �$ Orii g EER Hz Q �—i i { 0 N a99g% y � A r; a 4€S 11 ]' i 4 i E 9 5 a s �3_( -v :3 PINNACLE ENGLISH GARDENS SUBDIVISION �--n.• P R E L— I N1 1 r -J A R Y P L_.A'T Engineers. Inc. PROD a: <-- W EST r...... r.. wa w PINNACLE ENGINEERS, INC. z 870 N. LINDER ROAD, SUITE B MERIDIAN IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781131 U 3 8 co S N .9 071 I Sao PINNACLE - Engineers, Inc. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 - (208) 887-7781 FAX TO: WE ARE SENDING YOU ❑ Shop drawings ❑ 11 x 17 Drawing(s) ❑ Copy of letter LETTER OF TRANSMITTAL DATE: _ / _ /� JOB NO: /�C/ G � �/!,/ 7 ATTENTION: ❑ As requested RE: C -0J --j It - ❑ ❑ FORBIDS DUE 1 J Y4!16- Attached ❑ Under separate cover via ❑ Blueprints ❑ Sepias/Vellums ❑ Calculations ,,0'3 1/2- disk ❑ Mylar/Ammonia Mylar ❑ Change Order ❑ THESE ARE TRANSMITTED as checked below: ❑ For review ❑ No exceptions taken ❑ For your use ❑ Make corrections noted ❑ As requested ❑ Revise and Resubmit ❑ For review and comment ❑ ❑ FORBIDS DUE DESCRIPTION IF ❑ Specifications ❑ Feld Report the following items _2-'$-1/2 x 11 Drawing(s) `- '' - • ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US Facts and Findings: A. General Information Owner - Projects West Applicant - Bob Unger, Pinnacle Engineers R-4 - Existing zoning 31.94 - Acres 101 - Proposed building lots 273 - Traffic Analysis Zone (TAZ) Nest Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Black Cat Road Minor arterial with bike lane designation Traffic count of 938 on 8-26-97 1,260 -feet of frontage 50 to 80 -feet existing right-of-way (25 to 40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Black Cat Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. ,Cherry Lane Principal arterial Traffic count of 3,603 on 8-26-97 1,290 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) No additional right-of-way required Cherry Lane is improved with a 5 -lane street section with curb, gutter and sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with'file numbers) for details. C. 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. D. The applicant is proposing to construct Blue Creek Street off Black Cat Road, located 400 -feet north of the south property line between Lot 2, Block 10, and Lot 2, Block 14. Sunfish Lane is located approximately 85 -feet north of the proposed roadway. Staff recommends that the applicant extend Big Creek Street to intersect Black Cat Road between Lots 1 1 and 12, Block ENGGARD.CNIM Pa,e 2 14, instead of extending Blue Creek Road to Black Cat Road. The applicant would be required to provide a turnaround at the new terminus of Blue Creek Street. Staff is recommending that Bid Creek Street be extended to Black Cat Road instead of Blue Creek Street so that adequate separation can be maintained from Sunfish Lane. E. The Big Creek Street entrance off Black Cat Road should be designed with'? I -feet of pavement on either side of a center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of- way plus the additional width of the median. F. The applicant is proposing to constrict Tudor Street off Black Cat Road located approximately 670 -feet north of the south property line, between Lot 6, Block 1, and Lot 2, Block S. The location of the road meets the required 150 -feet offset from Sunfish Lane. G. The applicant is proposing to construct Stratford Avenue off Cherry Lane approximately 250 - feet east of Black Cat Road. District policy requires that the roadway is located a minimum of 440 -feet from the intersection. The proposed location of Stratford Avenue does not meet District policy. Staff recommends that the applicant extend Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -foot offset from the intersection can"be maintained. The applicant would be required to provide an ACHD approved turnaround at the new terminus of Stratford Avenue. H. The new main project entrance off Cherry Lane, Wales Avenue, should be designed with 21 - feet of pavement on either side of a center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. I. The applicant is proposing to locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. The location of the road meets the required 220 -foot offset requirement from Golfview Drive on the north side of Cherry Lane. J. The main project entrance off Cherry Lane, London Avenue, should be designed with 21 -feet of pavement on either side of a center median. The median should be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. K. There is an existing single family dwelling with a driveway on Black Cat Road, approximately 315 -feet south of Cherry Lane. District policy requires that driveways on Black Cat Road be offset a minimum of 315 -feet from Cherry Lane., This driveway meets District policy. The driveway should be paved 16 to 20 -feet wide and at least 20 -feet beyond the edge of asphalt of Black Cat Road. L. The applicant should be required to construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right-of-way on Black Cat Road abutting the parcel, including the out -parcel on Black Cat Road., Coordinate the location, elevation and grade of the sidewalk with District staff. ENGGARD.CNIM Pave 3 M. Unless otherwise approved, the appliednt should be required to constrict all public roads within the subdivision as 37 -foot street sections with curb, gutter, and 4 -foot wide concrete sidewalks a within 50 -feet of right-of-way. N. The applicant is proposing to stub Tudor Street to the east property line between Lot 7, Block 6 and Lot 7, Block 9. District Staff supports location of the stub street. 0. The applicant is proposing to stub L,ondon'Avenue to the south property line between Lot 9, Block 11 and Lot 21, Block 14. District Staff supports location of the stub street. P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed bn future development of this parcel. Q. 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: Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat 1.1 should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 3. Extend Big Creek Street to intersect Black Cat Road between Lots 1 1 and 12, Block 14, instead of extending Blue Creek Road to Black Cat Road. Provide an ACHD approved turnaround at the new terminus of Blue Creek Street. Submit a design of the turnaround for review and approval by District staff. The main entrance of Big Creek Street shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of right-of-way plus the additional width of ,the median. 4. Extend Wales Avenue to Cherry Lane, between Lots 9 and 10, Block 3, approximately 500 -feet east of Black Cat Road, instead of Stratford Avenue so that the 440 -foot offset from the intersection can be maintained.,_ Do not extend Stratford Avenue to Cherry Lane. Provide an ACHD approved turnaround at the new terminus of Stratford Avenue. Submit a design of the turnaround for review and approval by District staff. ENGGARD.CNINI Pale 4 5: The entrance of Wales Avenue off Cherry Lane shall be designed with 21 -feet of pavement on either side of a center median and shall be constructed a minimum of 4 -feet wide to total a 100 - square foot,area within 54 -feet of right-of-way plus the additional width of the median. 6. Locate London Avenue off Cherry Lane between Lot 3, Block 6, and Lot 3, Block 3. The main entrance shall be designed with 21 -feet of pavement on either side of a center median and shall be constricted a minimum of 4 -feet wide to total a 100 -square foot area within 54 -feet of right- of-way plus the additional width of the median. 7. The existing single family d�vellI -driveway on Black Cat Road, located approximately 315 - feet south of Cherry Lane, is approved with this application. Pave the driveway 16 to 20 -feet wide and at least 20 -feet beyond the edge of pavement of Black Cat Road and install I5 -foot radii pavement tapers. y 8. Construct a 5 -foot wide concrete sidewalk within 2 -feet of the new right-of-way on Black Cat Road abutting the parcel, including the out -parcel on Black Cat Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 9. Construct all public roads within the subdivision as 37 -foot street sections with curb, gutter, and 4 -foot wide concrete sidewalks within 50 -feet of right-of-way. 10. Extend Tudor Street to the east property line between Lot 7, Block 6 and Lot 7, Block 9. 11. Extend London Avenue to the south property line between Lot 9, Block 11 and Lot 21, Block 14. 12. No direct lot access to Black Cat Road has been proposed with this application to Lots 11 and 12, Block 14, and none is approved. 13. . No direct lot access to Black Cat Road or Cherry Lane has been proposed with this application to Lot 2, Block 1, and none is approved. 14. Other than the main project entrances specifically approved with this application, direct lot or parcel access to Black Cat Road or Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated 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 ACHD Planning and Development Supervisor. ThQLQquesshall sp i&ally identt i y each r a tirement to be r consd&E (fiid unInor i written explanation Qf w auirement would. [QsL It in a S-Ubit , mquest al ll b submitted to the Dietrict no later than 9-00 a m on���� The Qd n }scheduled for AC'HD C'omml ion action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. ENGGARD.CM�i Pave 5 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. After ACHD Commission action, any request.for reconsideration of the Commission's action shall be made in writing to the Plannir►g and Development Supervisor within six days of the action and shall include a minimum fee of $1 10.00. The request for reconsideration shall specifically identify each requirement to he rarnnsid d and include written do umPuitation of was not available to the Commissiom at the tirric of its original decision 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 constriction 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, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An ehineer 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. 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. 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD 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 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 rifles, 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 ENGGARD.CNINM Page 6 property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 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. ENGGARD.CNINI Page 7 �1 3 1! 11 1111111 1111 F4 { Ln �m�pa N CD Z I� ,-p er Irn f<*1 I� rte. n Y r GD7 E/� p E�`� MI � Lpr ! S3 e x GARDENS SUBDIVISION z atM 1 P R ELI M 1 IV A R Y P 1_A T Hngineers. Inc. � P R OJ E CTs W E3T g d d > r - a ?1 m N C7 � I�a�aD $ rn N rn V � L' oosBl� B®@• •9000• ■ 1126) m c $ $C'.0 '" g B g g 8 gggggggggg gggggggg$$ g gg fill 11 t � �b11118 _ y n F4 { Ln �m�pa N e ENGLISH GARDENS SUBDIVISION PINNACLE 1 P R ELI M 1 IV A R Y P 1_A T Hngineers. Inc. � P R OJ E CTs W E3T am ryy pa...m ,: '•`amu P_ - _ CLE, < TTYA Tt I Al i . TO: Gary Sriuth -�, i Meridian City, Engineer - . Mendian.Buildmg Department 200 E. Carlton Avenue, Suite 100 ; Meridian, ID 83642. i DATE:', September 9;'l 999 _ " RE:,Epglish'Gardens-Subdivision Dear -Gary Bob Unger and I met on'September 8; 1999 with Brad Watson and Bruce Freckleton of, your office to" -discuss -issues regarding sewer ;for the, southern- portion of . the above project. -Brad has been concerned about the ability of the City to service this area and our goal is to provide the City with sufficient information, and options to allow this: project to move forward in the approval process. ; It ' appears to me that'the most significant obstacle we have to overcome is-the'fact that the current sewer line in Black Cat Road is a temporary, line pending the construction of a 42" trunk line., As such; m any solution we may agree on -will 'riecessarily be 'at,least partially temporary in nature and the, , effect on ;the,permanent system*will need to be'considered by the City. -Brad stated that serving this project alone is not the problem,the problem is the coinbinationof projects which are all in the _i approval process and have similar temporary solutions proposed. While our firm and the developer - of this project cannot solve the overall problem for the City; we are providing options for this project so' a satisfactory solution,can be reached which fits 'the City's overall plan. I would like to point out that a significant difference between this'project and others trying to'get' sewer service is that this property is currently within the city limits and zoned for the proposed use. , The facts as I understand them to date are: 1 The property,is within the city limits and zoned R4., A 12",sewerliine has been -constructed to a point approximately 2000 feet north of the intersection of Black Cat Road'and Cherry Lane 3. The 12" sewer line empties into a lift station in Ashford Greens Subdivision. 4 The design of the lift station included the northern portion of this project but not the 1 portion south of the Ten Mile Drain: 5.`, A 42" trunk line running south in BlackCat Road would provide the ultimate service for the southern portion of the property.' 6:' The 12" sewer line can service the northern portion of the property by,gravity flow. _s - I 870 NORTH LINDER SUITE B ,MERIDIAN, IDAHQ 83642 (208) 887-7760 FAX (208) 8'97-7781 7, , The 12" _sewer line can service the southern portion of the property only, with an' aerial crossing of the Ten Mile Drain and significant engineered fill or by use of a temporary, lift station: , f. Options I see for serving this property are: _ 1.� ,Extend the ;12" line down Black Cat, serve the project by gravity flow using - engineered fill` and an aerial crossing of the Ten' Mile Drain as was proposed in our onginal1`submittal. 2. Serve the northern portion of the project by gravityand install a temporary lift 'station to serve the southern portion with a force main crossing of the Ten Mile Drain. - - 3. Construct.a portion of the Black Cat Trunk within the project and'serve both portions,, ; of the subdivision off of the Trunk: The Trunk line: would empty into a temporary lift station which would force main north on. Black Cat to the existing 12" line and the': " Ashford Greens lift station: Brad has some concerns with the flow characteristics of T tanks and/ s we could provide a solution using storage P p P - g tations but I am confident that variables eed um s. t; 4.. Develop only the northern portion of_the,project.at this time and develop the southern portion when.the.Black Cat Trunk becomes available:_ Our preference" would be option 3: , 1. It allows the developer to complete his project. ,2. " It provides for -a portion of •the Black Cat Trunk Development, a -benefit to the City. _ As I understand the City has no current means for funding he Trunk construction.,,_ 3: It may allow furtherdevelopmeni in the area if properly designed. A possible scenario construction lofthe Trunk to Cherg who connect e to t�herie ystem would pay an additional', fee for the rry ` `4'. It,avoids construction, of more temporary 12" line in Black 'C_ at that will need to be' later date. abandoned ata - _ 5. Jt removes the need for, the engineered fill on the site. _ We understand that there_ are issues beyond this project that may cause the City`to refuse to provide _ sewer service to the southern portion of this 'project. If, that is the case, the developer would like to be informed of that decision by the City. In 'other words, I believe that several engineering solutions `^ are available to_adeq'uately serve this project but city,planning issues may negate the use of these - solutions. _ - CITY OF MERIDIAN PRELINIlNARY SUBDVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED APPLICATIONS MUST BE SUBM=D THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION COMMENTS/DATE 1. Pre -application submittal meeting held 2. Thirty (30) copies of the completed and executed written application form 3. Proof of current ownership of the real property urc►M ��� included in the preliminary plat and consent of recorded owners 4. Name and address of party to receive billings/correspondence ✓ 5. Legal description of subdivision prepared and stamped , V by Registered Land Surveyor 6. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: / a. Proposed Subdivision Name b. Drafting date ;✓ c. Sectional location of plat - County ✓ d. North arrow e. Scale of plat (not smaller than 1"=100) f. Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; g. Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, / industrial, recreational or agricultural) h. Sites proposed for parks, playgrounds, schools, 4A churches or other public uses i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways; V/ Lt' - PRELIMINARY PLAT CHECKLIST Page 2 of 3 ITEM DESCRIPTION COMMENTS/DATE j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Legend of symbols L Minimum residential house size , m. Contour lines, shown at 5' intervals where land slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an / established benchmark, including location and elevation; n. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such ✓ p. Master street drainage plan including method of disposal and approval from the affected drainage, district q. Floodplain boundary as determined by FEMA or measures to amend this boundary ✓ /fit r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,000) s. Cul-de-sac lengths not in excess of 450' 7. A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the 7 / variance requested, and the reason therefor / 8. A statement of development features 9. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development PRELINE NARY PLAT CHECKLIST ITEM DESCRIPTION 10. Thirty (30) copies of a vicinity map showing a minim 1/2 -mile radius from exterior bound ies o -plat, including �d existing zoning o roposed subdivision and adjacent land (scale optional) 11. Thirty (3 0) copies of a 1 "=300' scale map on 8 %z" x 11" paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development in bold outline. Request list of property owners within 300' of property seven (7) days prior to submitting application. 12. A statement of traffic impact on existing adjacent roadways and intersections 13. Four (4) sets of conceptual engineering plans, including respective profiles 14. Fee Paid - $300.00 + Lots @ $10.00/Lot ,Z certified mailings @ �/mailing 15. Proposed restrictive covenants and/or deed restrictions 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E., City Engineer APPLICATION ACCEPTANCE DATE: Page 3 of 3 COM VMNTS/DATE OIC Qk- ✓ VX :•f ENGLISH GARDENS SUBDIVISION PROPERTY OWNERS WITHIN 300' LAW BRENT I & SANDRA L 4145 N EAGLE RD MERIDIAN ID 83642-5565 4888 W CHERRY LANE MILLIRON RICKY V &-KATHY L 4450 W CHERRY LN MERIDIAN ID 83642=5432 W CHERRY LANE GOLFVIEW ASSOCIATES L P PO BOX 3510 KETCHUM I1 83340-3510 1698 N GOLFVIEW WAY 1697 N GOLFVIEW WAY N GOLFVIEW WAY 1681 N GOLFVtEW WAY 1669 N GOLFVIEW WAY W QUAKER RIDGE DR W CHERRY LANE HILLS RICK R & HILLS GAYLA A 245 E ELBRIDGE ST MERIDIAN ID 83642 1674 N GOLFVIEW WAY SKOW MARGIE 1655 N GOLFVIEW WAY MERIDIAN ID 83642 ' EVANS ALYWIN D & EVANS NANCY M 4349 W QUAKER RIDGE DR MERIDIAN ID 83642-3915 - HOLT FREDA I 1435 N BLACK CAT RD MERIDIAN ID 83642-5362 FISHER SAMMY & JUDY J 4831 SUNFISH LN MERIDIAN ID 83642-5345 BERRY NELSON NEIL & MYRNA G 1293 N BLACK CAT RD MERIDIAN ID 83642-5362 BERRY MILES G & SHAUNNA R 1299 N BLACK CAT RD MERIDIAN ID 83642-5362 KLINE FOREST J & DEBRA J 1155 N BLACK CAT RD MERIDIAN ID 83642-5362 N BLACK CAT RD KLINE FOREST J & DEBRA J 21474 USTICK RD CALDWELL ID 83605-9420 1155 N BLACK CAT RD BURT ROBERT J & VIRGINIA G 1123 N BLACK CAT RD MERIDIAN ID 83642 CARLSON GERALD E IRA WEST ONE BANK ID CUSTODIAN PO BOX 7928 BOISE ID 83707-1928 N BLACK CAT RD. I N BLACK CAT RD MANSHIP JEFFREY 4375 W CHERRY LN MERIDIAN ID 83642 TURNER BRADLEY S & LORI ANN 4365 W CHERRY LN MERIDIAN ID 83642-5433 LAMPE BOBBY A 1500 N BLACK CAT RD MERIDIAN ID 83642-5324 BROWN MICHAEL J & CHERYL ANN HENNIG WALTER III & PAMELA KAY 2528 N CROOKED CREEK WAY MERIDIAN ID 83642-3968 W CHERRY LANE WESTERN ADA RECREATION DIST PO BOX 566 MERIDIAN ID 83680-0566 3405 W CHERRY LANE MCFADDAN BERNARD L AND MCFADDAN BERNARD L LIFE ESTATE MCFADDAN ROBERT L 950 N BLACK CAT RD MERIDIAN ID 83642-5322 GREAT OAKS WATER CO INC 6854 W WRIGHT ST BOISE ID 83709 4000 W PINE AVE . liu +1 + I