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Whitestone Estates No. 2 VAC 99-005 and VAC
WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, -,Parks Supt. SHARI L. STILES,'P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN : 33 EAST 11DA.HO MERIDIAN, IDAHO 83642-- (208) 888-4433 • FAX (21118) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers license (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28, 1997 TRANSMITTAL, DATE: 1/8/97 HEARING DATE: 2/4/97 REQUEST: Final Plat for Whitestone Estates No. 2 Subdivision. BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: North of Waltman West of Linder Road JIM JOHNSON, P/2 MALCOLM MACCOY, P2 ,, JIM SHEARER, P2 `GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR' RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, 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 h° MERIDIAN POST-OFFICE(PRELIM & FINAL PLAT) u 'ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH 3 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO'POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF'RECLAMATION(PRELIM & FINAL PLAT) CITY FILES .F OTHER: YOUR CONCISE REMARKS: SUE ]VISION EVALUATION EET Proposed Development Name WHITESTONE ESTATES SUB City MERIDIAN Date Reviewed 06/20/96 - Preliminary Stage _ XXXXX Final Engineer/Developer Pacific Land Survey /estone Par�ersh _ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAKWMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following gr000sed street name may°`be reserved for use in this development "CALCITE `HEMATITE" "CORAL p "BERYL" "LIMESTONE" "GYP U •SOAPSTONE" "HALITE" "FLOURITE" " ARI E" is similar to BARRETT and therefore cannotbe used " RAVERTINE" is a duplication and cannot be u INNABAR" is a duplication and cannot be used '!RUTILE" i similar -to REDTAIL and t e e re cannot be usiiid "FE_ L SPAR" is a duplication and therefore cannot be used "GARNET" is a duoiication and therefore cannot be used NDSTONE" is a duplication and therefor cannot be used. 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 signapses nrueie secured by the representative or his designee in order for the street names to be officiallyapproved. ADA COUNTY STREET NAME CO Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire Dept. John Priester Tem Representative Representative RESENT ES OR DESIGNEES Date iP ZG Date04:�kl& .� l Date Z Date l'9 �D NOTE; A copy of thiseva!uation sheet must be presented to the Ada Courft Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N JW 14 Section NUMBERING OF LOTS AND BLOCKS REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/0R'' FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request forrel=minar� p ! plat approval must be in the City Clerks possession, no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission, will hear the request at the monthly meetincc following the month 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 Anne.-ation and Subdivision. Whitestone Estates Sub. No. 2 2. General Location, E 1/2, NE 1/4, Section 14, T.4N., R.lE., B.M. 3. Owners of record, Wh;-estone D _C mp any rT._7,C, T.arr� van Hees, President Address, 410 South Orchard Zip33705 Telephone 344-9566 .Suite 124, Boise, Idaho. 4. Applicant, Whitestone ParnershipAddress 410 S. Orchard. -Suite -..-124 5. Engineer,Keith L., Jacobs Jr. Boise, Idaho 83705 Firm Pacific Land Surveyors, a Address-2-90-N.division of Power Engineers Boisee,, Idaho Maple Grove Rd ,Zip 83704 Telephone 378-6385 6. Name and address to -receive City billings: Name John T. Addy Address 290 N. Maple Grove R+L-lephone 318-6380 Boise, Idaho 877D-4— PRELIIJINARY PLAT CHECKLIST: Subdivision Features 1. Acres 10.62 2. Number of lots 37 3. Lots per acre _3 48 4. Density per acre 0.29 5. Zoning Classification(s) R-4 6. If the proposed subdivision is outside the 'Ae-ridian City Limits but within the jurisdictional mile, what is the existing zoning classification_ N/A 7. Does the plat border a potential green belt No 6. Have recreational easements been provided Zff--ir Nc 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common are=s? No Explain For future parks? No Explain 11. What school(s) service the area Meridian do you propose any agreements for future school No Explain- 12. xplain 12. Other proposed amenities to the City N/A Water Supply N/A Fire Department N/A , Other , Explain 13. Type of Building (Residential, Commercial, r :-.dustrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage of structures) 1,400 C. Are garages provides for, Yes square =ootage 400 d. Are other coverings provided for No e. Landscaping has been provided for No Describe (2) f. Trees -will be rProvided f or No ,y Trees ; wil`1 'be maintained f ; g. Sprinkler systems are provided,f�or',,. Yes.. t h. Are there multiple units No Type remarks i. Are there special set back requirements No L > Explain i j. Has off street parking been provided for:Ye's , E;:pla'in Individual Lots k. Value range of property 150,000- 200 000 I. Type of financing for development-Private/Bank M. Protective "covenants were submitted ,Date le. Does the proposal �lar,d lock other property No- t Does it create Enclaves' No STATEMENTS OF COMPLIANCE: ff 1. Streets; curbs, .gutt'er-0s and sidewalks .are+• to bex Coristructed to standards as `required by , Ada County`Higr,way District and» Meridian Ordinance. `DJ mensions wi l tie determined by the City Engineer. AXI ` sidewalks 'die •five. (5) feet in ' width. ?. Proposed use is 1n cor;for1mance, 'with .thcL City of Meridian Comprehensive Plan. 3. Development will connectfitc, City services. } 4. Development will comply with City -Ordinances. 5. Preliminary Plat will include -all appropriate easements. b. Street names must riot conflict With Citygrid system. (3) 92 m h m oall uJ `J`VW_II 1 Z m= E151. u LLI a ¢_ E oft EaS jig .Z 4E5:, W Q Z ms i" a za m$ Via• Ws r: .,'.8 •Sao aOl\�jUrn Z 9,VAW B A S5✓B 4F tij o o FY llj Q 1= w I LJ L - u1 I I Z l0'Cft — At go Cc 5 ¢? h I99,� 31 IT 17 90 I, o W Oa Z O I nL V• ^ e .it ^ao m, gtFc a u m OL'6fZ m yff moo s3 L z - r a » 8- m •r a z .51 p� �_ og A � r° - a•yooN¢°� % Spc�o.;h Nit• � $ ^ ,� — rd • $ � � s o� �� QRZ �I `0SE E :5E" 92 m h m oall uJ `J`VW_II 1 Z m= E151. u LLI a ¢_ E oft EaS jig .Z 4E5:, W Q Z ms i" a za m$ Via• Ws r: .,'.8 •Sao aOl\�jUrn Z 9,VAW B A S5✓B 4F tij o o FY llj Q 1= w I LJ L - u1 I I Z l0'Cft — At go Cc 5 ¢? h I99,� 31 IT 17 90 I, o W Oa Z O I nL V• ^ e .it ^ao m, gtFc a u m OL'6fZ m yff moo s3 L z - r a » 8- m •r a z .51 p� �_ og A � r° - a•yooN¢°� % Spc�o.;h Nit• � $ ^ ,� — rd • $ � � s o� �� QRZ �I tial it Q %^ z 7,0 'j rLLI e- �zm O Q V) C, 0 LL Lw \�' =w�►�-_ z �z >N 'O i 00Q Q=� o 9 M rl Q z 11�Noz o ttjooF- w 7 U g 02 ���" W y LL- 14 0 0 z n oQ cr- 1 Q O O ([VON axem 's �z �0 i im i �1 y � N • N � *0 • s• � n O aD 0 to a �' anxaer moisaam s h �- • n m -n azu rLdma 12 CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL BE REJECTED SUBDIVISION NAME: Whitestone Estates Subdivision No. 2 ENGINEER: Pacific .and S ,rvemorG,, a division of Power Engineers The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Commission 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Five (5) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 3001). Include name of subdivision and scale on map. 9. Thirty (30) copies of a vicinity map showing a minimum 1/2 -mile radius from exterior boundaries of plat (scale optional) Enclosed Enclosed Enclosed Enclosed Enclosed 3 sets submitted December 16 2 sets included with this sub- mittal Enclosed Enclosed FINAL SUBDIVISION PLAT CHECKLIST Page 2 10. Thirty (30) folded copies of the final plat showing requirements and two (2) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name X b. Year of platting X c. Sectional location of plat - County X d. North arrow X e. Scale of plat (not smaller than 1"=100') X f. Streets and alleys with widths and bearings X g. Street names X h. , Consecutive numbering of all lots in each block, and each block lettered or numbered X i. Each and all lengths of the boundaries of each lot including curve table X j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table X k. Descriptions of survey monuments X 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system X m. Easements X n. Basis of bearings X o. Pertinent notes for easements, restrictions, designations, etc. X P. Land Surveyor - signed seal X q. Land Surveyor business name - City location X r. Legend of symbols X s. Minimum residential house size X t. Adjacent platted subdivision names X 11. Fee Paid - 37 Lots @ $10.00/Lot Enclosed 12. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council 13 FINAL SUBDIVISION PLAT CHECKLIST Page 3 13. Substantial differences in the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval REVIEW BY: Shari Stiles, Planning & Zoning_ Administrator Gary D. Smith, P.E., C4 Engineer ACCEPTANCE DATE: DEC 2 3 1996 RT PRIMROSE S U'=--/, Q. t4 ECORDED -REQUEST 0 40A COUNTY REORDER ` I . DA�t.0 NAVARRO FEE y DEPUTY 2000 MR - 2 PM . I: 2 0 1 S 1 MAY V 9 2000 CITY OFMERIMI N PLA.iliN*6 & ZOMNiD BEFORE THE MERIDIAN CITY COUNCIL 3. 12-14-99 IN THE MATTER OF THE REQUEST ) FOR EASEMENT VACATION IN ) WHITESTONE ESTATES SUBDIVISION ) NO. 2., LOT 4 - BLOCK 7 AND LOT 7 - ) BLOCK 5 ) WHITESTONE DEVELOPMENT CO., ) LLC; APPLICANT ) CASE NO. VAC -99-005, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 16`h'day of November, 1999, at the hour of 7:00 p.m., and Gary Smith, City Engineer, appeared and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. h Findings of Fact and Conclusions of Law and — Page l .of 7 Order of VacAi6n o(Utility Easement / Whitesto e Estates Sub. No. 2 /VAC -99-005 0 STATEMENT OF LEGAL AUTHORITY AND -JURISDICTION CONCLUSIONS OF LAW } 1. Easements shall be vacated in the same manner as streets. {I.C. § 50- 1325}. 2. The vacation of an easement which was accepted as part of a platted . subdivision shall be vacated pursuant to the'provision of Chapter 13, Title 50 Idaho Code {I.C. § 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition'the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; -contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city cleric. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall .be not less than seven (7) days prior to the date of said hearing; provided, however, that in,a proceeding as to the vacation of all or a portion,of a cemetery plat where there has been no interment, or in the case sof a cemetery being within three hundred (300) feet of another plat for which a vacation is sought, publication of the notice of hearing shall be -the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with -such restrictions as they deem necessary in ,the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage,' and slope purposes, public notice of intent to vacate is Findings of Fact and Conclusions of Law and — Page 2 of 7 - Order of Vacation of Utility Easement /, Whitestone Estates Sub. No. 2 / VAC -99-005 y not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. § 50-1306A (1), (2), (3) and (5)1 4: Pursuant to § 9-611 A 2. a. and b. 1. of the Meridian Zoning and Development Ordinance it provides as follows: Commission Recommendation: The Commission shall review the request and all agency response and make a recommendation to the Council for either approval, conditional approval, or denial. Council Action -When considering an application for the vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way br lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights-of-way in such proportions as are prescribed by law. FINDINGS OF FACT 1. Whitestone Development Co., LLC, of 8850 N. Gadwall, Boise, Idaho, 83714, is a legally recognized form of business in the State of Idaho. {see Chapter 6 of Title 53 Idaho Code1 2. Whitestone Development Co., LLC, owner of the ,property, filed a petition for the vacation of all utility easements south of West Pintail Drive on South MoonstoneWay and South Lodestone Avenue as dedicated in Whitestone Estate Subdivision No. 2. 3. The legal descriptions of the utility easements which are the subject of this petition` are attached herein in Exhibit "A", containing Lot 4 Block 7 and Lot 7 Block 5: 4. The particular circumstances of the requested vacation is: Findings of Fact and Conclusions of Law and . Page 3 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right-of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School -District has since purchase the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Mdonstone Way will be vacated south of West Pintail Drive. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility, easements will be relocated to the reconfigured right-of-way and utility easements. 5. The names of the affected, by the petition to vacate include: S.1 The applicant/owner of the property is Whitestone Development Co., LLC of Boise, Idaho. 5.2 Ada County Highway District of Boise, Idaho. 5.3 Idaho Power Company, Intermountain Gas Company, TCI Cablevision; U.S. West, the City of Meridian, and the Ada County Highway District, and attached hereto as Exhibit "A" as if set forth in full herein. 6. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive. weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 7. All affected utility holders have agreed to the `requested vacation in writing. S. The Ada County Highway District does not object to the requested Findings of Fact and Conclusions of Law and — Page 4 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 vacation. 9. All publication costs have been paid by the petitioner. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED 'UPON THE ABOVE AND FOREGOING', fi STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND { STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. Those certain utility easements as depicted on the Final Plat of Whitestone': Estates Subdivision No. 2, ACAD DWG: TILE \ 527380\whi2sub2, DATE: December 6, 1996, SHEET 1 of 2, by PACIFIC LAND SURVEYORS, which lie to.the'south of West Pintail >. Drive on South Moonstone Way and lie to the South of Lodestone Avenue are hereby vacated. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause aa:certified copy of this order to be recorded with ,the Ada County Recorders office: Findings of Fact and Conclusions of Law and — Page 5 of 7 Order of Vacation of Utility Easement / , Whitestone Estates Sub. No. 2 / VAC -99-005 xs-.. NOTICE OF FINAL ACTION Please take notice that thisdsa final action of the governing body ofkthe'City of Meridian, pursuant to Idaho Code §. 67-6521 an affected person being a person who has an interest in real property which` may be adversely affected by the issuance or denial of the vacation may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter,52, Title 67, Idaho Code. By actioXi of the City Council at its regular meeting held on the 7f=" day of M , 1999. ROLL CALL COUNCILMAN ANDERSON VOTEDf COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED �- V COUNCILMAN ROUNTREE VOTED--� MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED , DATED: CZ — -7- MOTION: APPROVED: -`` DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Departme hand City Attorney. BY - DATED: City Clerk Findings of Fact and Conclusions of Law and — Page 6 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 STATE OF IDAHO, ) ss. County of Ada. ) On this day of e , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, .and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat,thosA.Wand year first above written. (SCJ • -tl0 -4,+ w� • R � • s Notary Public for Idaho N ASB LIC •: * Commission Expires: O,Z- U s ••......•�• 41o �•�••r �F IL' Ltl •".4 got Z:\Worlc\M\Meri1an 15360M\Whitestone Est\FEClOrdVacUtilityEasmt w 3 Findings of Fact and Conclusions of Law and — Page 7 of 7 Order of Vacation of Utility Easement / Whitestone Estates Sub. No. 2 / VAC -99-005 ! M EXHIBIT "A" TOTAL PAGES 12 INCLUDES THE LEGAL DESCRIPTION AND RELINQUISHMENTS 1295 S. Eagle Flight WayBoise, ID 83709 (208) 378-6387 Fax (208) 378-0025 PROJECT: 549340. DATE: December 31, 1998 WHITESTONE ESTATES SUBDIVISION NO.3 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION NO.3 ALL OF LOT 4 BLOCK 7, AND LOT 7 BLOCK 5; WH=TONE ESTATES SUBDMSION NO.2 AND A PORTION OF THE WEST HALF OF THE EAST HALF -OF THE NORTHEAST QUARTER OF SECTION -14, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO f' A parcel of land being all of Lot 4, Block 7, and Lot 7, Block 5 of Whitestone Estates Subdivision No. 2, and a portion of the West Half of the East Half of the Northeast Quarter of Section 14, Township 3. North, Range 1. West, Boise Meridian, Meridian, Ada County; Idaho, and more particularly as follows: Beginning at an iron pin marking the Northeast corner of said Northeast Quarter of Section 14, thence along the. easterly boundaryof said -Northeast Quarter of Section 14, said easterly boundary also being the centerline of South Linder Road,. South 00°33'08" West 1491.59 feet to a point; thence leaving said.easterly boundary and centerline, North 89° I3' 17" West 664.72 to a2" galvanized iron pipe marking a point on the Westerly boundary of Van. Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho; in Book 19 of Plats at Page 1222, and marking the easterly boundary of Whitestone Estates Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 75 of Plats at Pages 7742 and 7743; thence along said westerly and easterly boundaries, South 00°3343" West 161:61 feet to an iron pin, said iron pin marking the Southeast comer of Lot 3; Block 7,'of said Whitestone Estates Subdivision No. 2, said iron pin also being THE REAL -POINT OF BEGINNING; T thence continuing along said westerly boundary and along the easterly boundary and -the ., projection thereof, South 00°33`43"'West 168.83 feet to an iron pin on the northerly right-of-way of the h Kennedy Lateral; thence leaving said westerly boundary and easterly projection, and along said northerly right-of- way the following courses and distances; thence North 89°26'17" West I29.79 feet to an iron pin; thence South 7422'13" West 400.90 feet to as iron pin; thence North. 84024'50" West 50.20 feet to an iron pin; x thence. North -8925'42" West .100:00 feet town iron thence leaving said northerly right-of-way, North 00°34'.18" East 160.00 feet -to an iron pin marking the.Southwest comer of Lot 6, Block 5, of said Whitestone Estates Subdivision No. 2; thence along the southerly boundary of said Lot 6, Block 5, South 89025'42" East 100.00 feet to an iron pin marking a point of curve; n x�ll bt T 7� 549340sb pacific Land Surveyors, a division of POWER Engineers, lne., an Idaho Corporation i thence leaving said southerly boundary and along a curve to the left 127.75 feet, said curve having a central:angle of 142°07'44", a radius of 51-5.0 feet, tangents of 150.12 feet and a long chord of 97.43 feet bearing South .70°29'33" East to an iron pin marking a point of reverse curve; thence along a curve to the right 1820 feet, said curve having a central angle of 52007'43", a radius of 20.00 feet, tangents of 9:78 feet and a long chord of 17.58. feet bearing North 6403026" East to an iron pin marking a point of tangent, said iron pin also being on the southerly boundary of said Whitestone Estates Subdivision No. 2; thence along said southerly boundary the following courses and distances; thence South 89°2542" East 35.58 .feet to an iron pin marking a point of curve; thence along a curve to the left 133.90 feet, said curve having a central angle of 22014'17", a radius of 345.00 feet, tangents of 67:81 'feet.and•along chord of 133.07 feet bearing North :79°2T10" East to an iron pin marking a point of tangent; thence North.68'20'01" East 99.89 feet -to an iron pin marldng a point of curve; thence leaving said southerly boundary and along a curve to the right 15.14 feet, said curve having a central angle of45°OS'46", a.radius`nf20.00 feet, tangents of.830 feet and a long cbord of.1534 feet bearing South 8900706" East to an iron pin marking a point of reverse curve; thence along a curve to the left 721.43 feet, said curve_haviag a central angle of 135°05'46", a radius of 51.50 feet, tangents of 124.63 feet and. long chord of 95.19 feet bearing North 45°52'54" East to an iron pia marking 'the Southwest corner of.Lot 31 Block 7 of said White.stone Estates Subdivision No. 2; thence along the southerly boundary of said Lot 3, Block 7, North 85°40'01" East 115.61 feet to the' point of beginning, comprising 1.92 acres, more or'less. SUBJECT'TO: All existing easements and road rights-of-way of record or agpeanag on the above-descnbed parcel of land DGP:beb 549340sb Prepared by: PACIFIC LAND SURVEYORS Don G, Payne, P.L.S. V 290 North Mople Crave Road Boise. ID 83704 (205) 378-6353 Fax ('203) 373.00:5 -- LYING BE i 1YEFN THE SOUTH PJGHT-OF-WAY OF TEN :41ILE DRAIN AND ' PROJECT. 527380 THE NORTH RIGHT-OF-WAY OF THE KENNEDY LATERAL DATE: Junc 5, 1996. - Revised: Inne 3,1996 DESCRIPTION FOR '- KELLY PROPERTY SOUTH PJGHT-OF-WAY OF TEN :41ILE DRAIN AND ' THE NORTH RIGHT-OF-WAY OF THE KENNEDY LATERAL A PORTION OF THE EAST -HALF OF THE NORTHEAST QUARTER SECTION 14 _ ` TOWNSHIP 3 NORTH, RANGE 1 WEST, BCISE ME-rtIDIAN hIERIDIAN, ADA COUNTY, IDAHO A parcel of land being a potion of the East -Half of the Northeast Quarter o:. ,etion 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: ..p = Beginning at an iron pin nutting the Northeast corner of the said Nonhcast Quarter of Section : _= 14; X Lhcpcc alang the Easterly boundary of the said Northeast Quarter of Section 14, said Easterly = boundary also being the ccatcrlinc of South Linder Road, South 00°33'03' West 578.41 feet to an iron ==' Fin; thcuce leaving said Easterly boundary and centerline, and along the Southerly right-of-way of -:. Ten Milc Drai. South 73'14'15' West 680.24 feet to an iron in marking a z p g point of intersection of the _ ` - ='=_=" said Southerly right-of-way of Tcn Mile Drain, and the Westerly boundary of Van Hecs Subdivision as fila; for record in Elie olTice of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222, _ said iron pin also being the REAL POINT OF BEGINNING; r7 thence leaving said Soutlter)y right-of-Nvay of Ten Mile Drain, and along the Westerly boundary of said Vats Hecs Subdivision, South 00°33'43" West 1095.91 feet to a on the Northerly right -or- z - point ' way of the Kcnncdy Latera:; f � - - thence leaving said Westerly boundary, and along the Northerly right -of -tray of said Kennedy Lateral the following courses and disL-nccs; thence North 89°26' 17" est 129.79 feet to a point i -hence South 74°22' 13" West 400.90 feet to a point; �.. — thence North 84°03'01" West 50.22 feet to a point; thence North 89°25'42" West 170.00 feet to a point on the Westerly boundary of the said E=t- Half of the Northeast Quarter of Section 14; ' thence leaving said Northerly right -of. way and along said Westerly boundary, North 170'34' 18" - °� East 1048.48 feet to an iron pin on the said Southerly right-of-way o, Tcn Mile Drain; 51 thence icavingSaid Westerly boundary and along said Southerly right -of --way the following = A r courses and drstanas : _ -- fiti- ` � thczcc North 75°07 43' EiK 689 47 fa:t to an iron peri — •Paeiiie Land Sunryarn, a division or POWER Engineers. Inc., an [daho Corporntion _ ' RECORDED - REQUES-OF ADA COUNTY RECORDER J. DAVID NAVARRO r,,-.� i^�'ti0 FEE DEPUTY laws'1999 FE 22 A11 g. 4 0 9 9 0 1 6 9 2 4 IDAHO POWER COMPA Y11DAHO PDXAMP Partial Release of Easement WHEREAS, by platted subdivision easement recorded in Book 75, Pages •7742 and 7743 in the records of Ada County, State of Idaho, Whitestone Estates Subdivision No. 2, granted to' IDAHO POWER COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power -line facilities upon the following premises located in Ada County, State of Idaho, to -wit: A portion of Lots 7 and 8, Van Hees Subdivision and a portion of the West !4 of the East i V2 of the NE% Section 14,, Township 3 North, Range 1 l3'est, B.M., Meridian, Ada County, Idaho. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREFORE, in consideration ,of'the premises, IDAHO POWER COMPANY does hereby release and abandon -that certain portion of the Easement over the following, described lands: S « A portion of land lying within Whitestone Estates Subdivision No. 2, of Lot 4, Block 7 which is called out as parcel I shown on Exhibit "A " and a portion of Lot 7, Block S which is called out as parcel 3 shown on Exhibit "A ". Therefore, this relinquishment shall become effective upon ' the recording of Whitestone Estates Subdivision No. 3 and when the electrical facilities contained within parcel I, 2, 3 & 4 shown on Exhibit "A " are relocated to a location agreed upon by Idaho Power Company and Whitesione Partnership. It is also understood that the cost associated with the relocation or replacement of existing easement and facilities shall be borne by the developers of Whitestone Estates Subdivision No. 3 with the approval of Idaho Power Company and this relinquishment is .not effective until those costs are recovered by Idaho Power Company. ALL.RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the -Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be ezequted by ;ts proper officers thereunto duly authorized this day of February, 1999. IDAHO POWER COMPANY BY?�� L /� IDAHO POWER COMPANY Partial Release of Easement STATE OF IDAHO ) )ss. COUNTY OF ADA On this jeday of February, 1999, before me, a Notary Public, personally appeared R.C. - Hillman, Manager, Real Property Management of the corporation that executed the withi,i instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •:_ "•). "' • c� otary Publ c 10T -A _ Residing at: Boise, Idaho _ >= My Commission expires:zQc LICIS JIJB .``' S 1395 S. Eagle Flight Way Boise. ID 83709 (203) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Jim Renner Intermountain Gas Company 555 South Cole Road Boise, Idaho 83705 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr Renner. On behalf of Mr. Larry Van Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since- purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South' Lodestone Avenue and South Moonstone Way will be vacated south of. West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows the location of'the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as" soon as possible in the self-addressed stamped envelope. Please feel free to call me.if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER Engineers, Inc. KIJ=gig Keith L. Jacobs, Jr., P.E. Enclosures Intermountain Gas Company supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PLS -801 32-002 I 9�� �ffi - �- �3i i � Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation Representative p€�EIVED 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 FU( 08?37E gg5 January 24, 1999' PLS v Mr. Mark Pfeiffer TCI Cablevision 8400 Westpark Boise, Idaho 83704 Subject: 549340-01 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Mr. Pfeiffer. On behang If of Mr. LaVan Hees, Whitestone Development Company, I request that you concur with Mr. Van Hees' desire to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. .. ,b When Whitestone Estates Subdivision No. 2 was recorded, the utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. 'Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South Lodestone Avenue and South Moonstone Way. will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed' vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land. Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. 4 Sincerely. PACIFIC LAND SURVEYORS, a division of POWER. En ' eers, Inc. KIJ:smg Keith L. Jacobs, Jr., P.E. Enclosures 4 TCI Cablevision supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PIS-B0I 32-002 Designated TCI Cabl Ision presentative Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation 03-26-99 15:16 US WEST ENG ID=20S3SS8086 P01/61 �u t ui .]-lt]-;,.7 •1JCi'd 111MLK LVt.= CSUIJt" 2UtS�t1�2iU7ib 1J 1295 S. Falk Mou way Saisa M $3749 6397 Fax t248) 378-0025 January24, 1999 - Mr. Enxe Watson U. S. West 999 Main Strvet, 9th Floor Boise. Idaho 83702 -Subject 54934"1 Proposed Whitestane EsW= Subdivision No. 3, Utility Eu=rmt Vacation Dc --r Mr. Watson: On behalf of Mr. Larry Via Ht=, WhitEsran,e Devela- - eat Ccmp=y, I requ= that. vvu concur with Mr. Van Hees' desire to vacsre to udluy "s=eats south of West Pintail Drive on South Moonstone Way and South Lodestone Avenue. Your silpta = below will sig:tify that you corm=my eo== with Mr. Vanj4=, denim When Whit unne Estatas Subdivision No. 2 was recorded, the utility w=neats were located otrbide the tight - of -way of Sotuh Lodestone Avenue and South Moama one Way south of Wczz Pintail Drive in a 10 -foot wide utility ==em Meridian School District )eras since purchued the property south of the Kennedy Lateral and, does not warn either South Loddestc= Avenue or South Moonstone Way to condmw solani m their prnpetry. Tltaefare, the tigiu-of-way =W lot lines eWhitestone Subdivision No. 3 have been rownfigured and Soot Lodr=iw Avenue and South Mooastoae Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moocntone Way and I South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed vicinity map shows tete location of the mbdivisian on South lander Road, MeridiaL Phase sign bellow and reutrn to Pati& Lar=d Sttrveyms as soots as possible is the Seif•addressed stamped caveioPe. Please feel *Ce- to Call tae if you have any atlrxti,ons. We apprcciatt your time and t:=id=dm of this roquest. L sieeerejy, PACIFIC LAND SURVEYORS, a divi mgnofFO lac, KL --=g Kc tt.LJ Jr, PX— U. S. West shorts Mr. Vat His' mquest to varax the =Mty eas=ent located in the vacated portion of South Moonstotto Way oral SouthLodos = Avenue n&,of--wuy- U. Reprcx�tativc t�;icx 33•a6i . PodIIC lata! S..rewn, � divi.iun of I'OwtsR L^igirptra. Ine., �n =dila C�ctwcsxix� 93-2S-99 16:12 701US WEST ENC s FRON:206 378 0025 P92 , t I )+ S. t i It l=li�ltc way 13t1i!. In 1+.170') Q08)373-6387 Pii ; 20,4; 17Y.002,5' JanuaryZ4; 1999 Mr. Gary Smith, City Enngineer City ol'Mcridian 200 Fast Carlton Avenue, Suite 100 Meridian. Ill 83642 Subject' 549340-01 Pmposed Whitestone estates Subdivision No. 3, Utility Easement Vacation Dear Clary: On behalf of Mr. Larry Van Hees. Whitestone Development Company, t request that you concur with Mr. Van. laces' desire: to vacate the utility easements, south of West Pintail Drive on South Moonstone Way and South Lodamfotie Avenue. Your si6mature below will signify that your company ioncurs with Mr. Vali Hees' desire: When W11hestone Estates Subdivision No. 2 was recorded. the utility casements were located oumide the right- of-;vay of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utilitv'c me rncnt. Meridian School District has since purchased the pmpe:rty uwih of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No. 3 have been reconfigured and South 'Lade -mine Avenue and South' Mcionstone Way will be vacated south of Wc�t Pintail Drive as shown on the -enclosed map. Existing utilities located in the vacated portion of South Moonstone. Way and South Ludcstooe Avenue right-of-way and within existing utility easements will be relocated to the reconfigured 'right-of-way and utility easements. The enclosed vicinity map shows the location of the subdivision on South Lindcr Road; Meridian., Please sig ' below and return to Pacific* Land Surveyors :Ls -,A)on as possible in the self-addressed stamped envelope. Please feet free to call me if you have any questions. We appreciate your time and ennsidemtion of this request.' Sincerely, PACIFIC LAND SURVEYORS, a division ofPOWE:R En es,rs, lnc: �,)1 hlJsmg r cith .. Jaco s. r.. I'.Ir. rnclosurrs 'Hic City of Meridian supports Mr. Vail llces' request to vacate the utility easements located in the vacated portion ol'South Moonstone Way zinc! South Lodestone Av ue right-of=way. Designated Ci6- of Meridian Reps- entative rt ti.rec it .3 ;.nut VI%I.t wo to 3 VWPR all:-llllo, Il a'...nl Idahl . <]njlu l.a tun 1295 S. Eagle Flight Way Boise ID 83709 (208) 378-6387 Fax (208) 378-0025 January 24, 1999 Mr. Gary Inselman Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Subject: 549340-b1 Proposed Whitestone Estates Subdivision No. 3, Utility Easement Vacation Dear Gary: On behalf of Mr. Larry Van Hees, .Whitestone Development Company, I request that you concur with Mr. Van . Hees' desire 'to vacate the utility easements south of West Pintail Drive on South Moonstone Way and South Lodestone' Avenue. Your signature below will signify that your company concurs with Mr. VanHees' desire. When Whitestone Estates Subdivision No. 2 was recorded, the -utility easements were located outside the right- of-way of South Lodestone Avenue and South Moonstone Way south of West Pintail Drive in a 10 -foot wide utility easement. Meridian School District has since purchased the property south of the Kennedy Lateral and does not want either South Lodestone Avenue or South Moonstone Way to continue south to their property. Therefore, the right-of-way and lot lines of Whitestone Subdivision No 3 have, been reconfigured and South Lodestone Avenue and South Moonstone Way will be vacated south of West Pintail Drive as shown on the enclosed map. Existing utilities located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way and within existing utility easements will be relocated to the reconfigured right-of-way and utility easements. The enclosed, vicinity map shows the location of the subdivision on South Linder Road, Meridian. Please sign below and return to Pacific Land Surveyors as soon as possible in the self-addressed stamped envelope. Please feel free to call me if you have any questions. We appreciate your time and consideration of this request. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER EnZi Inc. KLJ:smg Keith L. Jacobs, Jr., P.E. Enclosures Ada County Highway District supports Mr. Van Hees' request to vacate the utility easements located in the vacated portion of South Moonstone Way and South Lodestone Avenue right-of-way. PLS -30I 32-002 Designated Ada County Highway District Representative Pacific Land Surveyors. a division of POWER Engineers. Inc.. an Idaho Corporation t % 1 GYM 7QQNrl 'S j - i I . 1 _ 4 e REQUEST FOR SUBDIVISION APPROVAL PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: L A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month 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. 1. Name of Annexation and Subdivision. Whitpstnnp F. tat s Subdivision No. 3 2. General Location, F a , NP S ion 14, T -IN, R.1W., B.M_ 3. owners of record, Wh' atone A vP1n=mPnt Cmm�any, TS.0 Address,, 410 S_ Orchard Suite 174 Rni aP Tn , zip 83705 Telephone (208) 344-9566 4. Applicant, Whitpqtnne Par n rGhin Address, 410 S_ Orchard S u i P 194 Rni a, Tn 81705 5. Engineer, Kcmith T.- jannh-,, jr- Firm Panific T,a] 6. Name and address to receive City billings: Name T- VanH as Address 41n S _ Orchard Su i t 1241, Rni aP Tn 83705 Telephone (208)144-9566 549340App.doc PRFT.TMTNARV PIAT CHFCKLTST: Subdivision Features 1. Acres 1.66 2. Number of lots 7 3. Lots per acre 4.22 4. Density per acre _24 5. zoning Classifications) R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No Explain 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? Explain 11. What school(s) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to'the City No Water Supply No Fire Department No Other No Explain 13. Type of Building (Residential, Commercial, Industrial or combination) RPGid_n ial 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other SinclP Family 549340App.doe 2 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage of structure(s) 14o0 --,f C. Are garages provided for, yes square footage d. Are other coverings provided for No e. Landscaping has been provided for No' Describe P f. Trees will be provided for No Trees will be maintained g, sprinkler systems are provided for :No h. Are there multiple units No , Type remarks -- — - - - - - - - - - i. Are there special setback requirements No Explain j. Has off street parking been provided for No , Explain k. Value range of property $1150000 - $1501,000 1. Type of financing for development Conventional M. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPT.TAN _ 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be give (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 5 i9340App.doc 3 a 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names will not conflict with City grid system. 549340App.doc 4 0 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 Jul/ 16, 1998 City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549341 Whitestone Estates No. 3 Subdivision Preliminary Plat Approval Dear City Council: On behalf of Whitestone Development Company, L.L.C., we are requesting approval of the Preliminary Plat of Whitestone Estates No. 3 Subdivision which occupies 1.66 acres in the W 1/2 of the E 1/2, Section 14, T.3N., R.1W., B.M., Meridian, Ada County, Idaho. Meridian School District has purchased the parcel of land lying between the Kennedy Lateral and Waltman Street. This parcel of land was proposed for single-family housing with the Whitestone Preliminary Plat approved several years ago. The purpose of this application is to reconfigure the seven lots remaining after the Meridian School District purchase. ` This development proposes single-family housing in an existing R- 4 zone. The property is bounded on the north by West Pintail Drive, on the south by the Kennedy Lateral, on the west by unplatted ground and on the east by Van Hees Subdivision. The proposed seven lots will take access from South Whitestone Way, West Pintail Drive and South Lodestone Avenue.' All R=4 zone lots are 8,000'square feet or larger. We are proposing to vacate the ,portion of South Whitestone Avenue lying south of West Pintail Drive. South Whitestone Avenue is proposed to be reconfigured in a knuckle cul-de-sac configuration.. The vacation application will be submitted to Ada County Highway District upon approval of this pre -y plat application. All existing utilities located in the vacated portion of South Whitestone Avenue will be relocated to the north. Curb, gutter and sidewalk will enclose the south end of South Lodestone Avenue to complete this street. We are not requesting any special considerations for setbacks or lot frontage requirements The roadways, curbs, gutters and sidewalks of this development will be constructed in accordance with Ada' County Highway District's standards and Meridian's city ordinance. All sidewalks will be five feet wide. The proposed use is in conformance with Meridian's Comprehensive Plan and complies with Meridian's ordinances. There are no existing wells and septic systems in this development.- The houses in this development will be comnected to Meridian's sewer and water systems. All lots will have access to a pressurized irrigation system. The irrigation system will be owned and maintained by the Nampa & Meridian Irrigation District. PI -S-1101 %.987 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 0 a J a } Q z J W CL a _ $ } j c �� � � � i i � F � P � � � � ♦ i M e �5839��33�tttttd�e _n e N � � < a ��m� O � fpm„ � � • o Bog: 8 ��fmN �rmN ��PO Y CO 0 z z 0 0) W z 0 W C1 J TL 1 I I I � I 1 X11 00 o o 1 a ttl " i:i � a F- w u W ,• ��o� ' on Z �Is`om CO oqm O Ln ^� o t� o �l Li 1 1 N N z C6 I 1 Z m r _Q z 0 Cl 0 LL TO LLJ Z N �..� _ o x z 11� Z U z S Q � m Q a o ~ .4 Z a' to O — Q Z w� w Z O w cn H W Ntlr SNO�oyR S ro e ILP p� y�y ,\ F �a wz °\ s as z �� r 11� o E 1 m �w z.., C4= z 7-1 snxaev sxotsaam s co a�urrdNn r. 44, 4 ADA PLANNING AS&N. J U L 7 6 17 I N. 6 16 y* 4 3 B 6 Is 1 0 12 13 K 15 198 w > 9 I 10 - 20 4- (A CAL W z 4 ,(?,1 (n W 0 0 6 of 2 -j -e 7 QR. 3 GN W. tmA 4 5 4 T 5 6 Off. UZ W. mil, T 7 R l ns. WALTMAN ST 3 8 7 7 s- s ; PRIMROSSE SU R I /2 13 i4 /5 61 /A. 15' ,6 8 /.f 2 a 21 Z2 z3 24 WHITESTONE ESTATES NO. 3 1/2 MILE VICINITY MAP I .q =s �P UNPLATTEO _j �\ "\� —w1 -,r ,.. ---/� _ �.• _� _ S 034'78,. W :•569F79 I ! �V �S I' m aJ.3S z 8 LI in 00.0 80.00 1= 80.00 m —160.46 • '�.�/ y ro• >f glm Irmo O (.�_ rJ n O U N N 04 m 8 N p agy'T • 9 , I 8�� 1 u1sw�V►8.A y,'y .., cq om y'f 3.3i 11-0 't° °" �u- 3 132S ), ; 230 $ Ja a V E9o34'115 wS LODESTONE AVENUE 90.00 0. ^ ;'80M, BQW 12C. ,8��\ 'a S I •.. z NM1S �/OZ &;,376t N3 3J1\_ It � t N1 j \ W� I�. .. ,N on8 8or v 8v Bw 8H t�m rar g'a s 1 /� N 1,' i E000 W 80.00 E 90.OD t 9 001418 2.06 • ��\\00� N 00'. 34'18" E 357.70 74.3° " e N \�'� $ L„• /'` �/" m �N Qir �V• ti 2" S. MOONSTONE WAY tat ea w00""' W £ I I W GO� ��. 4 AW OAg �Wa \51107.0; W O N S 00'S4YB' w N ,1'02 lOB.pJ � m _ � � YJR �\1•jR� W '� Z N 00 tp ^^ N \12\4 CA .,7A9 8EEL A' n II�N p'1•\\ O O No i0 W co Y. 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N 0035.20• c 2656 57 — VNPIArren _ w 00.3.•16• E 2050.90 `J D� D 00 --1 :j lit o0 mo�L m �i � n — — mozolit o zmN il :vl6:ti z \ Z D —1 _ D N p ✓ - _ co D W D` 4 co n z- m 0D !1t O r v O m D ul, 2 Tz — �— — N 00'34•10• E 1151.02 :<m y L o m �Li I D' NNL .�L s 20 O N m �6� f M i R zo6.0 m z \ L in 18,0 z Q �� 10 O N + 0.00'' rn m z r N O 90.36 , = O 0 j !` K1 o a8 m O . 1 rn x0.51 to N =34'16 101.00 N a CA C- r99.05 99.83 N 00.3116 [ ' a m 102.67. p6 Z co l�i1t^ V Lu fl yI C I• 20.75/ Z CO .� MI00'3a to ( R 0 Z ee�� Y1 U1V vC 1 rn l i• 00.3116 1 ,1 m �•i� aa� �+ 'b.7 H I E of 0u y 10.33'08" w 137.01 f -.. MAY 07 '97 12:46PM VAN HEES"BUILDERS, INC. �_Pt sf�,: _), Van Hees Builders, Inc. 410 S, Orchard, Suite 124 - Telephone (208)344-9566 - Fax (208)344-9455 FAX Date: May 7, 1997 Fax to number: 887-4813 Attention: Shari Stiles ,From:, Larry Van Hees . Number of Pages: 4 J - Just a note to tell you°that I do appreciate and understand your position as'P & Z -Administrator. You get calls any time someone has a problem withthose of us who are °± out there in the`trenches. I am very much familiar with Mr.'Hartshoim. He has called me,; contacted°rrie on the job site,' "and writterime a -letter. He has threatened to suit me, turn', me into DEQ, Water Resources, CDHD, and the City of Meridian.'This"is the first time _u. that it has been brought to my attention that he has done it. ' I wrote, letters to Mt., Hartshorn, Mr. DeBoer (who used to live next,door), and Mr. 06si. A Copy of that letter;follows. I offered to buy the Westerly portions'of their properties. I felt it would really be beneficial to them, me, and the City of Meridian. DeBoer has since sold out, and Gossi has contacted me to see if he can have access to bis West boundary through Whitestone Estates. And now Hartshorn says all of the trash from Whitestone is blowing onto his property. .1 I have been insisting, and I will continue to insist, that all of the builders clean their job sites daily. And, I will make an extra special effort to keep any trash off of Mr. Hartshorns Property. .MAY 07 197 12:50 1 208 344 9455 PAGE.01 P. 1 It MAY 07 '97 12:47PM VAN HEES BUILDERS, INC. Van Hees Builders, Inc. 110 S. Orchard. SLure 12? Boise. Tdzho 33705 05 January 10, 1995 Mr. 3c Mrs_ Hartshorn 465 S. Linder Meridian, ID 33642 Deis Mr. ac Mn. Ha mhorn: P. 2: ;2081 34449566 I stopped by irr December co discuss purchasing a portion of your properry that we Would like to include in the subdivision we are pianning for Lots ; and 3, Van Hees Subdivision, along with the Kelley's property lying to the wesr side of Vast Hces Subdivision. We have emploved Power Engin"ro begin the approval and platting ess procfor this subdivision. We ue concerned that the long, narrow configuration of your property may not make a. reasonable city lot. We will soon request annexation of our proposed subdivision to the city of X eridiau. If we can purchase the wesccriv 400 few more or less, or Lots 9.12, is will solve the potential problem of nurse in the funurc :�s I. stand, t1zG platting process is b=9 undertaker at this time, and dmc is as important- factor. If you are interested, you may wislx to discuss this situadon with your two 'neisShbors..If you do not der bads to me by January 30, 1995, dies it will be: our undersraaditu that: vvu have no interest in ;ening the: wes=iy portion of your prop�9 . Sincerely, Larry Van Hees Enclosures c Mr. De$oer Mr. Sc firs. Gossi N t Construc,ion Managemenr Our Spec&.aity MAY 07 '97 12:50 1 208 344 9455 PAGE. 02 A y, MRY 07 '97 12:46PM VRN HEES BUILDERS, INC. P.S 11 :anuar! i995 Dear Mr. Van gees, have discussed 'Tour otter with my Mother. Any offer wz;?. be bases on. 550,006.00 as a base Price, by that = mean that :he pr --ca of a block wall nay be deductad 5_om chat price. 3isterfelt has Stated to me that tae county Makes ao det"a=ination of growth based on how to :ase or develope other peoples land. 3e was infaric on this. ?,ny one is county govervnenr mak:a4 such recomiadat:ons shall be dismissed. our land wiI, . not be part of Her:.dian unt�? you have houses up and some occupancy to show. =f someone in Xer,.d4ian goverment :.s saying these things to you than L would ae carefull because such acr_,rzry may be unlawful . ?ower Zngineering should be able to produce a good plain if you don't took at costs of sewerage system. Z am :raking a serycus offer to you on land., ?r-ce . knything less :s wsaly not worth, d.i.cussing Bence- we know the value, at our Land. Pam' of value is how bad do you want it. 7 Calked ::o ny neighbor and 3e Eaels his land 40Z worth sell:.nq based on my offer. sinc�lr, :other B. 'rrar-shorn U MAY 07 '97 12:51 1 209 344 9455 PAGE.03 MAY 07 '97 12:48PM VAN HEES BUILDERS. INC. July 11, 1995 Mr. Hartshorn 465 S. Linder Meridian, ID 83642 Dear Mr. Hartshorn: This is in response to your repeated telephone calls expressing concern for leakage from an irrigation ditch on your property which you say is flooding. I am not sure to which ditch you are referring. I called both the Kelleys and Humpherys, whose properties border your property, and they both told me you have never discussed the problem with them. At this time. we do not own either property. We have agreements with both owners to purchase the properties when all approvals for development have been received, If you wish to discuss your tlooding problem with me on site, I am willing to meet with ,you. Sincerely, Larry Van Hees MAY 0? '9? 12:51 1 208 344 9455 PRGE.04 P.4 I'IHK 174 7(-1G•G(r 1 V"I r7GLJ DV iLL{-IBJ) i i.. 4. 1503 FIRST STREET SOUTH NAMPA, IDAHO 8365) -4395 FAX # 208.888-6201 Phones: Arm Cade 208 OFFICE: Nompo 466-7861 8 detabW 1996 Boise 343-1884 SHOP: Nompa 466-0663 Larry Vans h4at Boise 345 2431 Van Htss B filaft, Inc. 410 S Orchard, Ste. 124 Boise, to es705 RE: tWhNestona Eststa Subdivision - Pressure Urban Irrigadon System Dear Mr. Van Hess: The Nampa & Meridian Irrigation District has inspected the installation and operation of the Whltestone Estates Subdivision. We also have a contract for this facility, therefore, all requirements have been met by the Nampa & Meridian Irrigation District for the acceptance of this system Please feel free to contact me if you fee/ further discussion is required. Sincerely, 10 Com-� John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln PC: file Each Director Secretary -Treasurer Asst: Secretary -Treasurer Asst. Water Superintendent Pressure Irrigation Spew4&t - Ted Clinton City of Meridian S APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOSE PROJECT RIGHTS • d0,000 MAR 04 '97 11:30 1 208 344 9455, PAGE.02 I RIM Ut4 " 7( 1C• COMA VM1 rILCD DU1L-Vr-MDI lnl.. Van Hees Builders, Inc. 410 S. Orchard, Suite 124 • Telephone (208)344-9566 • Fax (208)344-9455 FAX x Date: Mar 4, 1997 Fax to number: 887-4813 . Attention: Shari Stiles From: Larry Van Hees Number of Pages: 2 1] Tim Hepper called me yesterday in a panic. He said he is almost ready for. occupancy of a house inWhitestone-Estates, and that he was told there are a number of things that I need to do yet. I am sending you a copy of the acceptance of the pressure irrigation system by Nampa & Meridian Irrigation. District. The street lights will be installed tomorrow by Meridian Electric. Our stone entry sighs were just completed last week (we are still waiting for letters) and the landscaper will move in as soon as he can. We just hauled in the topsoil to ever the berm. We have been held up by mud. I am not sure what you arc going to require for fence. I talked with you about fences, and the fact that there are farm fences around most of the perimeter, and we put chain link on the entire north and west boundaries. You let me know what I need. Please make a list for me, and I will get on it. I don't think I can have the landscaping done on time. Let me know what I need to do. Thanks. MAR 04 '97 11:29 1 208 344 9455 PAGE.01 MERIDIAN CITY COUNCIL MEETING: February4.1997 APPLICANT: WHITESTONE DEVELOPMENT COMPANY ITEM NUMBER; 4 REQUEST: FINAL PLAT FOR WHITESTONE ESTATES SUBDIVISION NO.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers license (208) 8884443 ROBERT D: CORRIE Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ' er Shari Stiles, P&Z Administrator Re: WHITESTONE ESTATES SUBDIVISION NO.2 (Final Plat by Whitestone Partnership) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 30, 1997 We have reviewed this submittal and offer the following comments, for your information and consideration as Conditions of the Applicant for final plat approval: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within,this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation,and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is 'to be owned and maintained by the Nampa & Meridian Irrigation District. 5: Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. c:\oFR CEXWPWIMGENERALXWHrrS,T tz.FP Mayor and City Council January 30, 1997 Page 2 6. Indicate on the final plat `map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Developer shall be responsible for the payment of assessment fees and meter costs associated with a single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. 8. Submit to the Public Works Department verification that the net square footage of all lots meets or exceeds the minimum 8000 square feet required in an R-4 Zone. The net square footage shall be determined exclusive of streets, highways, alleys, roads, rights-of-way, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. (Ord. 592, 11/17/92) 9. Please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office prior to City Council action on this application. Prior to development plan approval, three copies of the revised plat must be received by the Public Works Department to review compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. This project encompasses portions of Phases 2, 5, and 6 as indicated on the approved Preliminary Plat. 2. Please submit a copy, of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. 3. Permanent perimeter fencing is required,to be in place along the westerly boundary of Lots 3-7, Block 5, and Lots 2-4, Block 7, prior to obtaining building permits. A letter of credit, cash, or appropriate bonding will be required for this fence prior to signature on the final plat. Temporary fencing to contain construction debris shall be installed and maintained along all other subdivision, boundaries, with the exception of the boundary adjacent to Whitestone Estates Subdivision No. 1. a Mayor and City Council ; January 30, 1997 Page 3 4. All street signs, road base, pressurized irrigation system, and domestic water system (activated fire hydrants), as well as' any other- items that are specifically mentioned elsewhere, are to be installed and operational prior to obtaining building permits. 5. Graphically show five -foot -wide permanent easements for public utilities, drainage and irrigation along the easterly boundary of Lot 23, Block 3; the northerly boundary lines of Lots 7, 8 and 12, Block 4; the northerly boundary of Lot 3 and and the southerly boundary of Lot 7, Block 5; and the easterly boundary of Lot 1 and the southerly boundary of Lot 4, Block 7. Add the easement line type to the legend on the face of the plat 6. Graphically show ten -foot -wide permanent easements. for public utilities, drainage and irrigation along the northerly boundary of Lot 23, Block 3; each side of the lot line common to Lots 7 and 8, and the southerly boundary of Lot 1, Block 7. Add the easement line type to the legend on the face of the plat. 7. Add or revise the following note(s): 6.) ...right-of-way, rear lot lines, and the ... easement, unless dimensioned otherwise. 8. Revise the year of platting to 1997. 9. The development agreement and lift station maintenance, agreements for the first phase of this development need to be recorded by the City. rl WILLIAM G. BERG, JR., City Clerk JANICE IL GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY 'A Good'Hwe to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX (208) 8874813 Public Works/Building Deparunent (209) 887.2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT A CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P_ 7 COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: -2/4 /97 REQUEST: Final Plat for Whitestone Estates No. 2 Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: North of Waltman, West of Linder Road JIM JOHNSON, P2 MALCOLM MACCOY, PfZ JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, CIC CHARLIE ROUNTREE, C/C WALT MORROW, 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.(PRELIMr & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(P�IM & FJNAL PLAT) CITY FILES > /// v f ntr YOUR CONCISE JAN 141991 CITY OFMEMIA1y WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE vALLEy A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) U7-4813 Public Works/Building 6epartteeet(208) 887-2211 Motor vehicle/Drivers License (MS) 888-4443 ROBERT D. CokM Mayor WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY a P&ZCOMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 214197 REQUEST: Final Plat for Whitestone Estates No. 2 Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: North of Waltman West of Linder'Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 - JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, 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 PLAN; ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT y' ' .:' IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -CITY FILES /`/O _ OTHER: q,7 YOUR CONCISE REMARKS: ) nojJ_�� FA SUE DIVISION EVALUATIONS .ET' Proposed Development Name WHITESTONE ESTATES NO.2 SUB City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XXXX Engineer/Developer Pacific Land Surveyors / Whitestone Development Company 3 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W._FRANKLIN ROA 'S`. LINDER ROAD' W WALTMAN STREET' 'S LODESTONE AVENUE' 'S. MOONSTONE WAY' "W PINTAIL DRIVE' "W. GALENA DRIVE" is in alignment with 'W MERGANZER DRIVE' and shall appear so named on the plat. The new proposed street name'W CALCITE COURT' is approved and shall appear on the plat The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE; AGE DESIGNEES /-1 REPRESENTATIVES OR Ada County Engineer John Date Ada Planning Assoc. Ann Hurley Date 1 - fro- � :�- City of Meridian Representative U Date / - —97 Fire District Meridian Representative Date 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 1111 Sub Index Street Index 4N JE 14 Section NUMBERING OF LOTS AND'BWCKS C-lG � / — TRI.S 8WM 0Tv.FRM w GENTRAIL CEN1 RAL DISTRICT HEALTH DEPARTMENT r• w DISTRICT Environmental Health Division 1WHEALTH Return Boise DEPARTMENT tr A El Eagle: Rezone # �" r E]Garden city AF�Veridian Conditional U ❑ Kuna Prelimina Plat �i✓%� f/Fin;JShort57Oi+/� ES7-;4 5 /✓J y w-Xdn ,9,J EJ ACZ - rill e JAN ,rr: ❑ I . We have No Objections to this Proposal. , 2. We recommend Denial of this Proposal. ` Q r 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal 0 4. We will require more data concerning soil conditions on this Proposal before we can -comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the"depth of: ❑ high seasonal ground water ❑ solid lava from original grade 6. We can'Approve`this Proposal for individual sewage`disposal to be located above solid lava layers: ❑> 2 feet m ❑ 4 feet, 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. Q 8. After written approval from appropriate entities are subinitted, we can approve this proposal for: )[ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water s s ❑ 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: 19- central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 59 central water 10. Street Runoff is not to create a mosquito breeding problem. 13. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store .15. yV� zECn tKni`— 5-T-0PM�/h't-rc `(L�+N - OFF. Fl-aH► pi Date: 7 '76 '7h ae Reviewed 8y: "' Review eet (DHD 10/91 «b, rev. 1/9S „CENTRAL ♦• DISTRICT HEALTH DEPARTMENT MAIN OFFICE 9 707 N. ARMSTRONG PL • SM. 0. 83704 - OM 375.5211: FAX V45M To prep W and &Vd disease and dfsabiW, to promote healthy uIp�% and to protect aril promote the health mid gaalItg of our. ate, STORMWATER MANAGEMENT RECONSMNDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2), STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR- STORMWATER ORSTORMWATER AND SITE DRAINAGE MANAGEMENT. scrag VWkg. limon. Bae. and Ada Counties AM / IoM C * oat• WK 6” -wagon Bra Cft*Cin ft" Ca* ow V ttanMaw v a eon me 101KM8= P1 teoeaooens SZO E!h *W K d 6w*arn«�Id HMO I90Sm2MtE M"Q � Iona. a 13101 337M ID. 47706 PK 3313356 MahanHoer.A !13617 Ph 6lU�1i01 MOW= Horne. O. PA 6*7194 flfrio. Hnarfr 317.7199 Fom1V Pb u k 327.7100 324 Mandan. Q 836x7 PR 567 -VM 1503 FIRST STREET SOUTH NAMPAJDAHO'83651-4395" FAX # 208-888=6201 P' 13 January 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 ; Will Berg, City Clerk Boise 343-1884 SHOP: Nampa A66-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE. Final Plat for Whitestone Estates No. 2 Subdivision Dear Commissioners: The Nampa & Meridian "Irrigation District requires that a Land Use Change/Site Development application,be 'filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Alf laterals and waste ways must` beprotected. A# municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, 3 , Bill Henson, Asst. Water Superintendent NA MRA & MERIDIAN IRRIGATION DISTRICT BH:din PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 28 January 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith Jacobs Boise 343-1884 Pacific Land Surveyors Second Notice SHOP: Nampa 466-0663 290 N. Maple Grove Road Boise 345-2431 Boise, ID 83704 RE: Land Use Change Application for Whitestone Estates No. 2 Subdivision Dear Mr. Bailey: Enclosed please find a Larid Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the Districts Water Superintendent at the Districts shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Whitestone Partnership City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 C. v u r + L v • G'Yn1VI V. C V►►GIC LIVWCJ ov I JC" GEFO 001 451j;9 Z/ 4 290 North Maple Grove Road Roue, LI) 83704 (208) 379-6380 Pax(208)379-0025 •�'. ice— # ¢. 1 IA February 3, 1997 Mayor and -City Councitel'i E `� I City of Mefidiad - . , ." ,. �r r ,. 33 East Idaho Avenue . Meridian, Tdaho 83642 Subjoct*"°`' state 'ta stone-EDs ]yis)cm ' u ;�F Final Plat by Whitestone Partnership Dear Mi yor andyCify`Council: rV s RECEIVED FEB-, 31597 CITY OE1ERIDI JAN air This"lctter'is.in.respi 6 to the comments by your staff on the final plat of Whitestone Estates Subdivision No. 2. L All existing irrigation, ditches "will be'pipe&in.accordance with "City,(oTdiriance Section 14-9-605-M! The plans"will-be'approved by the appropriate/ drainage district, or lateral users association and the approval letter will be submitted to the City of Meridian Public Wozks Department. s .', 7 €c No wells'or Y. . septic"tanks exist within the subdivision boundary. , 3. ► 3 The seasonal high groiuidwater`will be'established and a'reportwritten by a.soil scientists,the repoit %Wf be subriiiIRed to the -City of Meridian Public WoTks Department. 4. The 44iessure' irrigation'will, Wan -extension , of. the system ,that was development 'fo'r Whitestoi e Estates `Subdivision. s The system will `be,.owned and, mairi`tained by ;the Nari pa &,Meridian lftigatiori°District., i $ <` 5. An" approval letter' `from'__thl*yNampa &. -Meridian,_ Irrigation ,District for the subdivis%on and=pressurized irrigation design, will,be submitted -to: the City of -Meridian 'Public `.Works Deparirnentt A •letter of 6rcdit; cash, or appropriate bonding for- these improvein6ht's will be in`piace"prior to the -City. signing the final`plYaitRLL x 1* Pacyfic Land Rutveynrs,,a divirilln axt'poWER En►,dneerry, Inc., an Idaho Curparadari FEB 03 '97 09=26 208 378 0025 PAGE.02 a City of Meridian February 3, 199.7 Page 2 6. The FEMA Flood Plain for Ten Mile Crock does not affect any lots within this subdivision. The lots are outside the 500 -year flood plain. Reference Ada County FEMA Panel 231 of 850, Community Panel No. 16001023 1 C, dated December 17, 1991 _ i 7. The owner will be responsible for the payment of assessment fees and meter costs associated with a single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. 8. Verification that all lot square lbotage's are 8,000 -square feet will be submitted to the Meridian City Public Works Department. 9. The purpose of this letter is to address the items contained in the memorandum dated January 30, 1997. 1. The final plat generally conforms to the'approved preliminary plat. This project includes portions of Phases 2, 5 and 6 of the approved preliminary plat. 2. A copy of the Ada County Street Name Committee's approval letter will be submitted to the City of Meridian Public Works Department. 3. Permanent perimeter'fencing will be placed along the westerly boundary of Lots 3-7 Block 5 and Lots 2- 4 Block 7 prior to obtaining building permits. Temporary fencing to contain construction debris will be installed and maintained along all other subdivision boundaries, with the exception of the boundary adjacent to Whitestone Estates Subdivision No. 1. A letter of credit, cash, or appropriate bonding for the fencing will be in'blaced before the final plat signature_ by the City. 4. All street signs, road base, pressurized irrigation system, and domestic water system (active fire hydrants), as well as any other items that are specifically, mentioned elsewhere, will be installed and operational prior to obtaining building permits. 5. The final plat will graphically show five-foot wide permanent easements for public utilities, drainage and irrigation along the easterly boundary of Lot 23 Block 3; the northerly boundary of Lot 9 Block and lots 7 and 12 Block 4; the northerly boundary of Lot 3 Block 5; the southerly boundary of Lot 7 Block; 5; the southerly boundary of Lot 4 Block 7; the northerly boundary of Lot 2 Block 7; and the easterly boundary of Lot l Block 7. The easement line type will be added to the legend on the face of the plat. KS801 584A371 FEB 03 197 09:27 208 378 0025 PAGE.03 3/ 4 City of Meridian February, 3,1997 Page 3 ' t» CIC Mur%J CSU 1.3t- 20 i 6. The, final plat wil I, graphically show ten -foot wide permanent easements for public utilities, drainage and irrigation along'the northerly boundary of Lot 23 Blockn3; each side of the common lot line of Lots 7 and 8 Block 4; and the southerly boundary of Lot 1 Block 7. The easement line type will be added to the legend on the face of the plat. , 7. Note 6 will be revised to read: 6.) ... right=of-way, rear lot lines, and the ... easement, unless dimensioned otherwise. 7. The year on the final plat will be changed to 1997. A { 8. ., The development agreement and lift station maintenance agreement for Whitestone Estates Subdivision recorded by the City prior to signature on final plat of Whitestone Estates Subdivision No. 2. Thank you for your time and, consideration. Sincerely, - Pacific Land Surveyors, a`division of POW -R En ineering Inc. M Keith L. Jaco s, Jr., P.E. Enclosures cc: Larry Van Hees PUS -Bol 58-08397 FEB 03 '97 W:28 r 208 378 0025 PAGE.04 PACIFIC LAND !. 208 887 4813:9 PACIFIC LAND. SURVEYORS 290 NORTH MAPLE GROVE ROAD BOISE, IDAHO 83704 TELEPHONE (208) 378-6380 FAX (208) 378-0025 COMPANY: FROM: C'•C-�".�� C d�et �� , z h. l� JOB NO.: FAX NO.: DATE: ,�j L�� AGE 1 OF RECEIVED TIME SENT FE3 - 3 1997 SUBJECT: CITY Or MIrWDIAN Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation FEB 03 '97 09:26 208 378 0025 PAGE.01 .wbi:r.elYMW'W.Mw W". r ^`F SUBDIVISION EVALUATION SHEET Proposed Development Name WHITESTONE ESTATES NO. 2 SUB City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XXXX Engineer/Developer Pacific Land Surveyors / Whitestone Development Company The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W. FRANKLIN ROAD" "S. LINDER ROAD" "W. WALTMAN STREET" "S. LODESTONE AVENUE" "S. MOONSTONE WAY" "W. PINTAIL DRIVE" "W. GALENA DRIVE" is in alignment with "W. MERGANZER DRIVE" and shall appear so named on the plat. The new proposed street name"W. CALCITE COURT" is approved and shall appear on the plat. 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 it order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AG REPRESENTATIVES OR DESIGNEES /-) 1 77 Ada County Engineer John Priestekjjf// ilk Date Ada Planning Assoc. Ann Hurley Date I - 9 + City of Meridian Representative U Date -97 Fire District Meridian Representative I rn Date 1-17 9�7 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 4N JE 14 Section NUMBERING OF LOTS AND BLOCKS ��L c=���/ —/� —%7 TR%ZUBWM CITY.FRM OFFICIALS "WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 - Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 12, 1996 TRANSMiTTALPATE: 10/23/96 HEARING DATE: 11/19/96 REQUEST: Final Plat for Whitestone Subdivision No. 2 BY:' Whitestone Develonment Comuanv LOCATION OF PROPERTY OR PROJECT: North of Waltman, West of Linder Road JIM JOHNSON, P& MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z _KEITH BORUP, P/Z ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILD:NG DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER =PITY;PLANNER ` i MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS:- 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 October 3, 1996 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Subject: Whitestone Estates Subdivision No. 2 Dear Mr. Berg: ,. This subdivision is in conformance with the approved preliminary plat and meets all requirements or conditions thereof. It is in conformance with all requirements and provisions of the Subdivision Ordinance. This subdivision is in conformance with acceptable engineering, architectural and surveying practices and local standards. If you have any questions, please call me at 378-6380. KLJ:smg Enclosures PI.S-B015&732 Sincerely, PACIFIC LAND SURVEYORS, a division of POWER Engineers, Inc. Keith L. Jacobs, Jr., P. E. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation s Sx30le ONy SlOI :3O ONW39vm uol}oaS IFVM� xapullaaj u n ;*S xa PIgS Mug. k; 6ulu6ls }o awll ay; ;e Jaaw6u3 luno iiii pau6ls eq lou ipmjeld ay; as'inuay;o `„;eld . � OPV ay; o; paluesasd aq;snw;aays uogenlenasly; }o � d.00 y MON s bJ Z . a e�q �'1Q GA pejuasaada� -;dao ajld uelp!jaW Z alea anIjejuasaidaa ue!piJaW jo -Apo /y or/ a I e a uAed !'jai oossy 6uluueld epy k e 1 oleo FV, saud uyor saaw6C3 /(�unoo epy � K S33NJIS3a No S3 1N3S3ad32I AWW00 3Wd(V 133211S JLLNf10O bOd r pano�dde AllimWo aq of saweu laails aUl jo} japio ul 8901sap sly Jo anpeluasaidai ay; Aq painaes agpnw saln;eu6ls 94110 TIV •3311IWWOO 3iNVN IaMLLS AlNnoo ypy ay} }o sanpe;uasaidai Aoua6e 6uimollo} ay; Aq panoidde pue peau uaaq aney s;uawwoo aweu ;aaJ;s anoge ayl -pasn aq jouauD ajopa ue u eog np, a s! YBNOIEMNVS. i sn aq 40uueD,aJo}aJayi pue uol}eolj np�e s! Y13N2�b�J� —pasn aq puum OIJOAJ841 pue uo! eoli np a s! HvdS(13d� ;. pasneqlauum oja a P I`d1(3b of jel!w!s s! „3llln 11 T, n aq louueo pue Colleolidnp a s! YtjVq NNlC)/1 -pasn aq louueD pue uolleo!{ np e s1 Y3NIIN3nez!1. x pasn aq.16005 010-19J841 pue 113UNVE3 01 Jel!w!s s! Y lldd8. ainVI H.. _4 MUISdVOS. sy.nSdAD. i 4 1. .3NOISINIIA.II1��3811 Y •. • /1 li�l`d�ll f a juawaolaTep l ! asn 36aq ew saw u jawls paso oiuinno{!off ayl , - F m • ;•aoueu►p�O au�eN laa�IS AI!O uelpuayy ay; y� aouepjo=e ul;uawdolanap sly; 6ulpje6aj (mul6u3 Ajunoo epy ay; }o uo►�anp japun) 2:1 IVYWCEMVN J 33HIS A1Nnoo 7Qy ay; }o siagwaw a p Aq apew aie molaq palsli sluawwoo aweu ;aaJiS'ayi 014SJauPsd OuOISGPUAA / SJOAajunS pue oWoed jad0lan8OjJa9ul6u3 Mull e6e;g tieu!w!laJd 96/OZ/90 pamama�j aleo NVIGFMW ktO IHAA .aweN;uawdolanaQ pasodCUd 133 -; .P.K'• .t» M {r i i"a• R -Pi' h'�iP7 w g5osx� +' 3.Con Parrantv Pub for Valuc Received Harlan Van Hees and orence9V9an Hees. trustees of the Harlan and Florence an Trust U/T/U Dated April the ttrnrtue , do hereby grant. harisin, sell and convey unto Whitestone Development Company LLC, an Idaho Limited Liability Company whose current address is 410 S. Orchard Suite 124, Boise, Idaho 83705 Ada the gr:u,tce S, the fvll.;wilig described promises, in See Attached E)chibit A County !.lobo. to Wit: ... Jia •.1 � .. �.'ll,l aj`J BUiSI' 1D AMERICAN LAND TITLE Cfl '96 JUt 1� 9"11 2G FEE RECOc:: - r� �! O !'.AVE AND TO FIOLI) the sail ,+rcmi>rs, with their apptutcnnnccs unto the sail nntces heirs :u,d assn ns forever. And the Granror 5do hereby cu,cnant m ant! pith tho sail Grantee s chart he Y nnil the owner in fee simple of said pre+nises: that they ire fret hon -111 encumbrnncrs, EXCEPT so in r i.,se to which this nonye. a restriis ctions. lctlic:,riunsrantee crressly �c tcrmcnt� ri{ rights f ,vaY and a¢rc mcntsjr n (i(any) : by the C r ctrl. and t Ci,craf subject to rrscrr. t < for the current year, which ate not due :ural cas�.:ntJ asxssmcnts.:^_urdcs irrit.rtion and utility assessmrnt., (if payable, and eh:u Grmrnr will uarr:rnt and defend the swnc from all I:neful claims whatsoever. �..�:ra•J: June 7, 1995 Harlan Van Hees, trustee Florence ran Hees, trustee ' � � T':1TFt�F grAHO,CCK>:7TYOF Ada 7t . {s 96. ..- . h j,,.,( June .. i ice•{ �r ma•, a .wen' rJ4, in ani fan'M Ctalr• trrv•w11Y :,n+rntt l . ]an Vin Hees., trusteeHar x Florence Van Hees, trustee �c :• ..' ::: i ln.+n to mea. k r{ie it*"^ •ir+e tour _ i ..�. raatwa�{ d,e xuir. "t .�. • ' Ani{inr ar 1-30-97 r. FILE NUMBER: -45036A EXHIBIT A THAT PORTION OF IAT 7 OF VAN REES SUBDIVISION OF THE NORTHEAST QUARTER, SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN IRON PIN MARRING THE NORTHEAST CORNER OF THE SAIL NORTHEAST QITW-ER OF SECTION 14; THENCE t SAID NORTHEAST QUARTER OF SECTION 14, SAID EASTERLY ALONG THE EASTERLY BOUNDARY OF THE BOUNDARY ALSO BEING TBE CENTERLINE OF SOUTH LINDER ROAD SOUTH 00033'08" WEST 578.41 FEET TO AN IRON PIN; THENCE LEAVING SAID EASTERLY BOUNDARY AND CENTERLINE SOUTH 78.14 ".5" WEST 46.06 FEET TO A 2" GALVANIZED PIPE MARKING A POINT ON POINT�OFY FIGHT OF WAY OF TEN MILE DRAIN, SAID 2" GALVANIZED PIPE ALSO BEING THE REAL BEGINNING (INITIAL POINT); THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF TEN MILE DRAIN THE FOLLOWING COURSE AND DISTANCE, Tmcz CONTINUING THE WES�RLY BOUNDARY OF •SOUTH 78°14'15" WEST 634.10 TO AN IRON PIN' SAID IRON PIN MARKING RECORDER, BOISE, VAN BEES SIIMIVIS+ON AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY IDAHO, IN BOOK 19 OF PLATS AT PAGE 1222, THE POINT OF TERMINUS' A REQUEST FOR SUBDIVISION APPROVAL PRELIMIr1AkY FLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SllBMISSIG`!: A request forP r•ei,minary plat a �_�• pF ova_ must be in the City Clerks possession no later than three days following the regular meeting o= the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month 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 f 1. Name of Anne.-ation and Subdivision. Whitestone Estates Sub. No. 2 2. General Location, E 1/2, NE 1/4, Section 14, T.4N., R.lE., B.M. 3. Owners of record, Whitest -one D VA1 opment Company %F T arry van Hees, President Address, 410 South Orchard, ,Zip83705 Telephone 344-9566 Suite 124, Boise, Idaho 4. Applicant,Whitestone ParnershipAddress, 410 S. Orchard Suite 124 5. Engineer, Keith L. Jacobs, Jr. Boise, Idaho 83705 Firm Pacific Land Surveyors, a of Power En Addr-ess290 N. Maple Grove Rd ,Zip 83d704Telephone378-6385neers Boise, Idaho 6. Name and address to receive City billings: Name John T. Edd -v Address 290 N. Maple Grove RI'L-lephone 378-6380 Boise, a o PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 7.68 2. Number of lots 25 3. Lots per acre 3.26 4. Density per acre 0.31 5. Zoning ClaEEificationCs) R-4 G. proposed subdivision s outside tr,e Meridi ar, City Limits but within the jurisdictional mile, what is the If the Limiming zoning classification N/A exiDoes the plat border axpotentiah green belt No 7. a, Have recreationalb6asements been provided for No 9, Are there proposed recreational amenities to the City No Explain 10, Are there proposed dedications of common areas? Explain , , f For future parks?Nom_ Explain Meridian- _ , do you 11. What school(S) service the area sites No propose any agreements for future school Explain 12. Other proposed amenities to the' City N/A, ;Water Supply N/A Fire N/A other re Department kPP Explain gg Commercial, Industrial -or,, 13. Type of Buildln$ ( i de deaiia`1; ' combination) }, Type of Dwelling(s) Si`n l'e- Family" Duplexes, Multiplexes, 14. g Y other -Single Famil 15, proposed Development features: 8,000 a, Minimum square footage of lots( s) . b, Minimum square footage of structure(s) 1 400 C. Are garages ,provides for, Yes square footage 400 d, Are,other coverings provided for No e, Landscaping has been provided for No , Describe (2) I I f. Trees will be provided far No , Trees will be g - h. maintained Sprinkler systems are provided for Yes Are there multiple units No , Type_ remarks 1. Are there special set back requirements No Expiain j. Has off street parking been provided for Yes ,'Explain Individual Lots k. Value range of property 150,000 - 200,000 1. Type of financing f or development Private/Bank M. Protective covenants were submitted ,Daze 16. Does the proposal land loci: other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. S. Street names must not conflict with City grid system. 3) .Z_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 effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the_ Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 9-604 C PRELIMINARY PLAT 1. Application - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than, thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application, on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats - The applicant may request that the subdivision application, be processed as both a preliminary and final plat if all of the following exists : a. The proposed subdivision does not exceed four- (4) lots; b. No new street dedication or street widening is involved; C. No major special development considerations are involved, such as development in a flood plain, hillside development or the like; and d. All •required information for bots, preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon, by the Commission upon -recommendation by the Administrator. (4) 4. The Applicant - ,a. The applicant shall- surimit all Y'req`uire'dY copies of plats, maps,' c "application k wf orrn, conceptual engineering forms: and any other- appropriate ..-upplementary. information required by the Adrnir,istra,t:or, 'L Cornin"i'ssor,, or Council'. -See'.,- �td4C5. 5. Content of Pre`1'imina'rY Plat - "Thcr'"contents of the pre 1 iminary,plat a'r,'d related i nfc,r•mation shall be, in such form as stipulated by the Commi&_-ori ;. .-however, additiorial maps an'-6, supporting data deemed necessary by the Administrator or- the Commission or Council may also hie required. > . `. i�•F , . k The -.•subdivider small. submit to the Administrator at least the 'f allowir g : ' r a. Thirty, ('30) c,opi'e•s of tare prel mi-hary plat of the pr•opose'dr subdivisi'op,drawn ir: acco•r•da`r►ce "with the •requirement's*`hereinafter 'stated; each copy of the prElimirlary plat st�kall be on gdiba quality paper, shall. have. dimensions 'o f `riot less- �thar, twenty-four (24) inches by thirty' six (35' )' inches, ` sha'll..ibe drawn to a scale suitable to -insure clarity {of` all lines," dimensions and other data, shall show the drafting ,date, and shall indicate thereon, by arrow, the' deneral 'rriortheilyi directi'on'; b. Thirty copies of� 'a' � orae (1) =inch equalsr three hundred (300) feet scale map on 8-1/2":x11" paper indicating �thereon iall adjacent development and/or lots *of -record witriir,- three hundred -(300)' feet of any boundary o* tree proposed development, • "arid the layout of the pr-oposed'-l�dEvE oprnerit in bold outline; , C. Thirty (30) copies of the completed and executed ;:.subdivision application form; d. Four' (4) sets of conceptual engirieerifig'$plaris ( not meant to- be -detailed designs) for. streets, water, se;�ers,,, sidewalks and other- required public improvements. Such engineering plans small contain .sufficient information and detail to enaide. the Administrator 'to make a determination, as t o conf ormarice of the prkoposed improvements to appiicabie regulatib�ns,"ordinances and standards. e. App•r_gprfriate supplementary- information that sufficiently details the proposed development within -,anyg special development area. such as hillside, ;planned. unit ''development floodplain, cemetery., mobile home; farcle-seal-e development, ha-zar•dous and ur;ique areas of development. E (8) (5) 6. Requirement of Preliminary Plats - The following shall be shown on the preliminary plat or shall be submitted separately: a. The name of the proposed subdivision and general location; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat; C. dame and address of the party to receive City billings and/or. correspondence; d. The legal description of the subdivision; e. A statement of the intended use of the proposed subdivision, such as: residential single-family, two (2) family and multiple housing, commercial, industrial, recreational or multiple housing, commercial, industrial,- recreational or, agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses; f. A map of the entire area scheduled for development if the proposed subdivision, is a portion of a larger holding intended for subsequent development; g. A vicinity map showing the relationship of the proposed plat to the surrounding area (one-half (1/2) mile minimum radius, scale optional); h. The land use and existing zone of the proposed subdivision and the adjacent land; i. Streets, street names, right of way and roadway widths, including adjoining streets or- roadways; j. Lot lines and blocks showing scaled dimensions and numbers of each; k. COntaur lines, shown at five (5) foot intervals where land slope is greater than, ten percent (10%) and at two (2) foot intervals where land slip is ten percent (10%) or less, referenced to an established benchmark, including location and elevation; 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed; (6) M. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, �, .irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles; n. A copy of any proposed restrictive covenants and/or deed restrictions; o. Any dedications to the public andi Or easemenzs, Together with a statement of location, dimensions and purposes of such; P- Any additional required information for special development as specified in this Ordinance; q. A statement as to whether or not a variance will be requested with respect to any provision of this Ordinance describing the particular provision, the variance requested, and the reason therefor; r. A statement of development features. 7. Fee - At the time of submission, of an application: for a Preliminary plat, the applicant shall pay the applicable fee as approved by the Council: 4 Lots = $300.00 Over 4 Lots = $300.00 + $10.00 per lot In addition to above fees applicant shall pay cost of certified mailings at -rate of $1.29 per notice. Final Flats = $10.00 per lot 8. Administrator Review - a. Certification - Upon receipt of the preliminary plat and all other required data as provided for herein, the Administrator shall affix the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the Commission if there is sufficient time prior to the date of certification, for the Commission to consider and review the application, and to gig,�e proper notice of a public hearing as required in 9-604 C. 6b. ��. Notice will be published in the City`s newspaper Of record at the expense of the requesting party at least one (1) edition, fifteen, (15) days prior. to -the hearing of the Planning and Zoning Omm'ission meting, which notice shall also give a summary of the request and the location. c. Review by Other Agencies - The Administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies :nay include the following: 1. Other governing bodies having joint jurisdiction; 2. The appropriate utility' companies, irrigation companies or districts and drainage districts; 3. The Superintendent of the School I>i.strict; and :z• Other agencies having an interest in the proposed subdivision. 9. Commission Action a. Hearing by Commission - Following the -receipt of application and after notice, the Commission shall conduct a public hearing, at which time they shall review the preliminary plat and receive comments from .concerned persons and agencies to arrive at a decision on the preliminary plat. b. Commission's Finding. . - In deter -mining the acceptance of a proposed subdivision, the Commission, shall consider the objectives of this Ordinance and at least the following: 1. The conformance of the subdivision with the Comprehensive Development Plan; 2. The availability of public services to accommodate the proposed development; =�. The continuity of the proposed developrnen with the capital improvement program; 4. The public financial capability of supporting services for the proposed development; and 5. The other health, safety or environmental Problems that may be brought to the Commission's attention. (8) c. Action or, Preliminary Plat - The Commission ma, apkove, approve conditionally, deny or table the preliminary plat, for additional information. Approved or, .conditionally approved preliminary Plats are forwarded to the Council. If the plan: is denied, it is not forwarded to tihe Council. Ii the plan is tabled, it may be reconsidered by the Commission within forty-five (45) days of the public hearing. The Administrator shall notif;, the applicant of the Commission's action with4;"I ten (10) days. d. Action on Combined Preliminary and Final Plat - -f the Commi.^.s1on's conclusion is favorable -to the subdivider's request for- the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Council in the same manner aE: herein specified for a ficial plat. The Commission may recommend that the combined application be approved, approved conditionally or disapproved. 11. Aorleals - Any person or aggrieved party who appeared in Person or writing before the Commission or the subdivider may appeal in writing the decision of the Commission relative to the final action taken by the Commission. Such appeal must be submitted to the Council within fifteen (15) days from such Commisciurl action. 1 A record of the public hearing,, findings made and action taken shall be made and maintained. 9-604 D AL'MINISTRATIVE PROCESSING OF OF THE PRELIMII�iAF i' DEVELOPMENT PLAN FOR. THE COUNCIL AND 110TIFICA7I014 PROCEDURE Upon receipt of the Commission's action concerning tine Preliminary Development Plan or the receipt of an appeal of such action by the applicant or ot.ger aggrieved party, the Administrator shall respond as follows: 1• =e= the public hearing date for the Preliminary De':elopment Plan; and Y.'. Re':iew public hearing comments by concerned persons, public agencies or City departments. 9-604 _ COUNCIL HEARING, NEGOTIATIONS, AND ACTIO;: 1. Prior to taking action =oncernirhg the Preliminary Deve-lopment Flan, the i.� :r1C11 :ha11 CC�r1CUCt a least •one i ) pub_ic, hearing i:, which 3.nterestea persons shall haveL an o�:}iGrt;:illt�' to be heard. . (9 ) 2. No final subdivision plat shall be approved until one (1) public hearing before the Council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to the City Council. Notice of the public hearing shall be, given by mailing, by certified mail, notice of the hearing to all property owners within three hundred (300) feet of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one (1) time fifteen (15) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity map of the area, which map shall show the proposed subdivision and the property within three hundred (300) feet. 3. During the hearing, the Administrator shall report on the status of the application. 4. In considering the proposed development, the Council shall consider the requirements of this Ordinance and at least, but not limited to, the following; a. The conformance of the proposed development with the7Comprehensive Plan; b. The availability of urban services to accommodate the proposed development; C. The continuity of the proposed development within the City's capital improvement program; d. The public financial capability of supporting services for the proposed development; and e. Health, safety, or environmental problems that may be brought tosthe Commission's attention. (10) �. Prior to Council action, the Council, Administrator, applicant, and interested persons may negotiate items of the Preliminary Development "lan which are of mutual interest. in order that the negotiations be an open process and the :nights of all parties and persons shall he protected tapplicant, Council, Administrator, and the general public), the following guidelines shall be observed: Ek. The negotiations shall.not occur in private or closed meetings; b. Negotiatzons shall ta'i.e place in open and informal meetings; c. Where there is a quorum of the Council in attendance, appropriate records shall be kept of the negotiating session or sessions, namely minutes which shall be submitted with the proposed development; d. The negotiation process shall be separate from the decision ;na1:ing process of the Council. Results Of the negotiations shall be a • recommendation to the Council arid be available for public scrutiny; f. The negotiation process shall be designed and car�-rried Out in a manner which assures the general public that decisions have not been :Wade in advance of the input and scrutiny by the general public; g• The general public shall be informed of any negotiatior. that has occurred in a newspaper- article ewspaperarticle in the official newspaper or paper of general circulation, within the City of Meridian fifteen, (1Z) days prior. to Council .action. The Council shall approve, approve with conditions. deny, or tattle the Preliminary Development Plan. if t`ie Preliminary Development -"an is tabled, it may be reconsidered by the ouncil within fc+rty five (� 5) days of the public hears ng. The Administrator shall notify the applicant of the Council's action: within ten t?0) days of the Council's ac—or;. T. A record of the hearing, f_:,di made, and act _cIr. taken shall be ma2ntai :=d. :11: 9-604 F APPROVAL PERIOD 1. Council approval -of the Preliminary Development Plan shall become null and void if the applicant fails to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. 21. Upon, written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated in Section 5-604 F.1 of this Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not tc exceed one (1) year from the end of the said one (1) year period. 3. In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted withir, successive intervals of one (1) year, may be considered for final approval without resubmission for preliminary slat approval. 3-604 G APPEAL OF COUNCIL ACTION ?appeals of the action, of the Council concerning the administration, of this Ordinance may be taker, by any aggrieved person. Within sixty (60) days of the Council action (and after all remedies have been exhausted under this, Ordinance), an aggrieved person may seek JUDICIAL REVIEW of the Council's action under Provision provided by Sections 67-5215(b) through (g) and 67-5216, Idaho Code. 9-604 H FINAL PLAT 1. Application - After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, tobe surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the Administrator the following: a• Thirty (30) folded copies of the final plat; 12) b. Four (s) copies of the final engineering construct -ion - drawings for streets, water, sewers, sidewalkE and other publ2.c improvements; and C. Ten (lei) prints of the final plat at a scale of one (1) inch equals three hundred feet. 2. Lon ents of F- real Plat. - The final plat shall ir:clude and be in comaliance with all items required under Title _50, Chapter 13 of the Idaho Code The final plat submittal shall include at east: a. A written application f or approval of jucr: final plat as stipulated by +-he Commission; t,. Proof of current owner•zhip of therea-, Property included in the proposed final pia= and consent of recorded owners of the plat; Z. Such other information as the Administrator or• Commission may deem necessary to establish whether or, not all proper- parties have signed and/or approved said final plat; d. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; e. A s t a t e m e n t of conformance with ail requirements and provisions of this Ordinance; and _- _ A statement of conformance with acceptable Engineering, architectural and surveying; practices and local standards. 3. Fee - At the time Of submission of an application for a final plat, the applzcant shall pay the applicable fee which has been approved by the Council to cover the cost of processing. 4. Administrator. Review a. Ac-.eptance - Upon receipt of the final plat, and 'ompiiance with all other requirements as provided fo"r herein, the .administrator scall =ertify the application as complete and shall affi% the date of acceptance thereon. b. Resubmittal of -Final Plat - The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not yet been met, the Administrator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, including a public hearing and notice thereof. C. submission to the Council - Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Administrator shall place the final plat on the Council agenda within forty-five (45) days from the date that an acceptable final plat application was received and acknowledged by the Administrator. 5. Agency Review - The Administrator may transmit one (1) copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. 6. Council Action - Within forty-five (45) days following receipt of the application, the Council shall consider the requirements of the preliminary plat and comments from concerned persons and agencies to arrive at a decision on the final plat. The Council shall approve, approve conditionally, disapprove, or table the final plat. If the final plat is tabled, it may be reconsidered by the Council within forty five (45) days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. 7. The Administrator shall notify the applicant of the Council's action within ten (10) days of such action. (14) I R•4 RT ohr-00"1 AWL )$It I 1995 PRIMROSE SUB. I lk UNPLATTED 0 D(� O <GZ S. LODESTONE AVENUE 1 1 � r � cn O c° D z 7 ��p� - UO w � •S 'O frrl P S�01D O N d O p5 cn � * Q z z r r o z g z � r e' i J r r m� r i o rnLit of i o co j sr z� r r r w S. CINDER ROAD w N 6: 0 D(� O <GZ cn O C � n 0 WZAL Ny. D A frrl �a"5� rL1G fTi p g J o L o rnLit o ** RE-RECORD TO CORRECT SIGNATURE LINE JJ ECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WHITESTONE ESTATES SUBDIVISION THIS DECLARATION is made on the last date hereinbelow set forth, by Whitestone Development Company, L.L.C., an Idaho Limited Liability Company, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "property", more particularly described as follows: 9 6 0 8 Z&_� 5 through 21, Block 1; Lots 1 t&A. CC. t"COR�DER J . U /' `r I i) SOiSE 10, and 2, Block 2; through 8, Block 3; 96082386 AD>A .. t C0R0E° j. DA'11�' �;VARRO BOISE ID, Lots 1 through 6, Block 4; \ AMERICAN LAND AMERICAN LAND TITLE W-1 96 OCT 3 �F� osY and 2, Block 5. 'g6 OCT 2 P�d0FEE J T all existing easements and FMari� Uti' RECORD,D t,'. 1 t.�F, s� -OSf-way of record or otherwise appe&FQ.6#'_:D 11,1 THE ll on the official plat of Whitestone Estates Subdivision, records of Ada County, Idaho. 5 QUEST 0 WHEREAS, Declarant desires to place covenants, conditions, and restrictions on the property to protect value, attractiveness, compatibility, and conformity of the use of the various lots and common areas; NOW, THEREFORE, Declarant hereby declares that all of said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter set forth. Said easements, covenants, restrictions, conditions, and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein. Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 1 ARTICLE ONE Definitions 1.1 "Association" shall mean and refer to Whitestone Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Declarant" shall mean and refer to Whitestone Development Company, L.L.C., an Idaho Limited Liability Company, its successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. 1.3 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the property. 1.4 "Common Area" shall refer to Lot 1 of Block 1, Lot 1 of Block 2, Lot 21 of Block 1, Lot 11 of Block 1, and Lot 17 of Block 1, according to the official recorded plat of Whitestone Estates Subdivision. 1.5 "Member" shall mean and refer to every person or entity who holds membership in the Association. 1.6 "Mortgage" shall mean and refer to any mortgage or deed of trust, and "mortgagee" shall mean and refer to the mortgagee under a mortgage or the beneficiary under a deed of trust, and "mortgagor" shall mean and refer to the mortgagor of a mortgage or the grantor of a deed of trust. 1.7 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.8 "Plat" shall mean the recorded plat of Whitestone Estates Sub- division, which is Instrument No. 96079381 , official records of Ada County, Idaho. 1.9 "Setback" shall mean and refer to the minimum distance between the location of a residence on a lot and a given street or road or lot line as provided by the plat of Whitestone Estates Subdivision or by law. 1.10 "Architectural Control Committee" shall mean a designated unincorporated association of three members, appointed by the Declarant, whose function shall be to review and approve or disapprove each application for the construction and Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 2 landscaping of a residence on a lot and to take those other actions authorized by this Declaration. 1.11 "Front yard" shall mean a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. 1.12 "Pressurized irrigation system" shall mean that urban irrigation system established by contract between Declarant and Nampa and Meridian Irrigation District recorded as Instrument No. 96044971, records of Ada County, Idaho, as authorized by Idaho code §§ 43-330(a) et seq., for the purpose of benefiting all lots in the Whitestone Estates Subdivision with a system to distribute water solely for urban irrigation purposes. 1.13 "Water District" shall mean Nampa and Meridian Irrigation District, who shall supply urban irrigation water and related services through a pressurized water system, according to Article Six, and that certain agreement between Nampa and Meridian Irrigation District and Declarant recorded as Instrument No. 96044971, records of Ada County, Idaho. ARTICLE TWO General Restrictions 2.1 Land Use. No lot shall be used except for residential purposes, nor shall any lot or any part thereof be used for the conduct of any trade or business or professional activity. 2.2 Residence Construction. Each owner, including any contractor, builder, or agent for an owner, intending to construct a residence or improve an existing residence on any lot shall do so only if the following conditions have been met: a. An application for construction authority has been submitted to the Architectural Control Committee ("ACC") and the ACC has given its written approval, according to the provisions of Article Seven. Construction authority shall require all roofs to have a minimum pitch of 5 in 12 and shall be shingled with 25 year "architectural style" shingles or better. The ACC shall require the residence to have some exterior feature of stucco, stone, or brick in addition as a part of its approval and may impose other aesthetic or technical requirements as a part of approval. b. Each residence constructed on a lot shall be'a "single- family" dwelling (as defined by the Meridian City Building Code) and shall be at least 1,400 square feet in Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 3 size, excluding the square footage for a garage, and shall have a garage with at least two (2) bays for vehicle storage. C. A residence shall only be constructed if the owner, including any contractor, builder, or agent acting on behalf of the owners, has obtained a building permit from the City of Meridian and any other governmental agency with jurisdiction over residential construction on a lot, in addition to ACC approval. d. A residence shall not be constructed unless the adjusted fair market value of that residence upon completion, including the value of the lot and amenities, has a value greater than $110,000.00 adjusted to fair market value standards as of September 1, 1996. A proforma determination of adjusted fair market value of a proposed residence shall be prepared by an Idaho licensed appraiser at the owner's sole cost and shall be submitted to the ACC whenever a minimum residence value is determined to be an issue by the ACC. e. All residential construction, including support systems, outbuildings, and all other residential accommodations, shall strictly follow all of the covenants, conditions, and restrictions in this Declaration. 2.3 Setbacks and Utility Corridors. Each dwelling shall be constructed within the minimum setback regulations as established by the City of Meridian and/or those that are described on the plat as corridors for utility access. An owner shall not place any permanent obstruction in a utility corridor identified on the plat. 2.4 Landscaping. The following provisions shall govern the landscaping of all lots in Whitestone Estates Subdivision: a. The owner shall first prepare a landscape plan and submit the same to the ACC as provided in Article 7. The ACC shall approve the landscape plan prior to the installation and/or construction of any landscape improvements on a lot. Landscaping of a lot shall be in accordance with the ACC approved plan. b. All landscaping, including connections to the pressurized irrigation system, shall be fully installed and completed within thirty (30) days after substantial completion of the residence on the lot, with a reasonable extension for weather conditions. Substantial completion of the Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 4 residence shall mean that degree sufficient for the owner to obtain a certificate of-.occupancy. c. The initial landscaping shall include, as a minimum, sod .in the front ,and side .yards, and sod or "grass seeded lawns,in the rear yards; two (2) flowering trees of at least two inch (2") caliper, or ,one (1) pine, tree of at least six *feet (61,) in height and one _,`(1) flowering tree of at least a two, inch (2;) in the front yard; three~ '(3) five-gallon (5 gallon) plants and five (5) one-gallon4(1 gallon) shrubs in the front yard. The use of berms and sculptured,planting areas is encouraged. - d. In the event an Owner shall fail to,-provide minimum landscaping, the Declarant and/or the Association" may cause the .minimum .landscaping to be completed at ``the Owner' s cost and .may. file a lien for that value' and recover any cost advanced in the same fashion as is provided for non payment of assessments as set out in Article Five..._ 11 2.5 Fences. Declarant will construct a full ,or partial perimeter fence for, the Whitestone Estates Subdivision as required by the City of Meridian. An owner may construct`a perimeter yard fence according to all of the requirements of the City of Meridian for side'and•rear yards but.the Owner shall not be permitted to constrruct a fence in a front. yard nor along a street side yard.. , E e. 2.6 Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.7 Signs. No sign of any.kind shall be display,edtto the public view on any lot except one sign of not more than five (5) square feet advertising the. property for sale or rent, or signs used by a'builder or the Declarant to advertise the property during the construction and sales period. The names ,of- resident owners may be displayed on a name and address plaque or sign. 2.8 LGarbage and Refuse Disposal.. No lot shall be used or main- ,-tained as a dumping ground for rubbish. Trash, garbage, or other waste shall.,not be kept except in sanitary containers. All equipment for the storage or disposal` of such material shall be kept in a clean and sanitary condition. 2.9 Water Supply. No well or other individual water supply system for consumptive or irrigation purposes shall be permitted on Declaration,of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 5 any lot other than the use of the pressurized irrigation system operated and maintained by the Water District. 2.10 Permitted Use of Vehicles. An owner shall not park any business or commercial vehicle greater in size than three- quarters (3/4) of a ton unless the same is fully garaged. An owner shall not park on any lot or adjacent street a vehicle which is not operable or which is non -working or unsightly. An owner shall not park a vehicle with a "for sale" sign on any lot or adjacent street. 1 2.11 Motor Homes and Recreational Vehicles and Equipment. An owner shall not park boats, snowmobiles, trailers, motorcycles, motor homes, "RV's", trucks with campers, or other like kind equipment on a lot or adjacent street unless the same is fully garaged. A visitor of any owner shall be permitted to park a motor home at the owner's lot or dwelling for a period not to exceed four (4) days. 2.12 Garage doors. Garage doors shall remain closed except when open for a temporary purpose. 2.13 Hazardous Activities. No activity shall be conducted on or in any unit, lot, or common area which is or might be unsafe or Hazardous to any person or property. Without limiting the generality of the foregoing, no firearm shall be discharged upon said property, and no open fire shall be lighted or permitted on any property except in a self-contained barbecue unit while attendedvand in use for cooking purposes, or within a safe and well-designed interior fireplace. 2.14 Lights and Sound, Generally. Each residence, upon completion, shall be equipped with a yard or security light which shall be continuously operated by the owner from one hour after dusk to one hour before dawn. No sound shall be emitted from any lot which is unreasonably loud or annoying, and no odors shall be emitted on any lot which are noxious or offensive to others. i 2.15 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules, and regulations. All dogs, cats, or household pets shall be properly fed and cared for. Dogs shall not be allowed to run at large, and no dog, cat, or other household pet may be kept which unreasonably, bothers or constitutes a nuisance to other owners of lots. No dog runs or kennels shall be permitted on any lot. Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 6 2. 16 Reconstruction. In any 'case` wfier'e it is `necessary to reconstruct a residence or make any improvement to,a,residence on a lot, that' recohstruction or improvement shall be prosecuted diligently, coritinuou'sly and without delay from time of commencement thereof until such structure is fully completed; unless` -prevented by cause beyond control and only for such time as`suchicause dontiriues. ARTICLE THREE Easements 3.1 Electrical and Telephone Service'. All lots shall be "served by underground, electrical and telephone lines. The services shall be installed in street or easement rights-of-way as plattaed. Each owner agrees to pay for 'costs and hook-up charges as established by the applicable electrical, telephone ad water' utility companies as a condition precedent to connecting thereto: Declarant" shall not be liable for the cost thereof but may recover funds advanced, if any, to obtain preliminary installation. �r 3.2 Platted Easements. Declarant reserves such easements as shown and noted on the plat for the subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, convenient, "and desirable for the owners of lots within the subdivision. r ARTICLE FOUR Homeowners Association 4.1 Organization of 'Association. The Whitestone Homeowners Association, Inc., ("Association") shall be organized by Declarant as an Idaho corporation, under then provisions of Idaho Code relating to general non-profit corporations arid shall be charged.with the duties and invested"with the powers prescribed by w law and; set forth yin the articles' of ,incori poration, by-laws, and this Declaration. NeitYier the articles of incorporation nor the by-laws shall, for any 'reason, be amended or otherwise changed or interpreted so as to be inconsistent with this, Declaration. 4.2 Membership. Each lot owner (including Declarant), by virtue of being such an owner and for so'long as,such ownership is maintained, shall be a member of the Association. Membership inf the Association shall not be_assignab'le except ;t6' the successor in interest of an owner, and each membership in the Association shall'be,appurtenant to the lot owned by such owner. Membership in the Association shall not be trans- ferred, pledged, or alienated in any way except upon the Declaration of Covenants, Conditions, and Restrictions for Whiteston•e Estates Subdivision --Page 7 1 required, or permitted to be done by it under this Declara- tion, the articles of incorporation, and the by-laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the proper management and operation of and the performance of the other responsibilities herein assigned, including without limitation: a'. Assessments: The power to levy assessments (monthly, special, and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. I b. Right of Enforcement: The power and authority from time to time, in its own name, on its own behalf, or on behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the articles of incorporation or by-laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof. C, Delegation of Powers: The authority to delegate its 3 power and duties to committees, officers, employees, or ' to any person, firm, or corporation to act as manager. Neither the Association nor the members of the Board of Directors shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. d. Emergency Powers: The Association or any person authorized by it may enter upon any lot in the event of any emergency involving illness or potential danger to life or property, or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the owner as is practicable, and any damage caused thereby shall be repaired by the Associa- tion and at its sole cost and expense. 4.6 Duties of the Association. In addition to the powers delegat- ed to it by the articles of incorporation and by this Declaration, and without limiting the generality thereof, the Association or its agent, if any, may conduct all general business affairs of common interest to all Owners. 4.7 Personal Liability. No member of the Board of Directors or any committee of the Association, nor any officer of the Association, nor the manager if any, nor the Declarant, shall be personally liable to any owner or to any other party, Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 9 including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board of Directors, the manager if any, or any other representative or employee of the Association, the Committee, or any other committee, or any officer of the Association, or the Declarant, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without wilful or intentional misconduct. I ARTICLE FIVE Covenant for Assessments 5.1 Creation of Lien and Personal Obligation for Assessments. The Declarant hereby covenants with each lot owner within the property that by acceptance of a deed from Declarant, and whether or not it is expressly stated in said deed, that each lot owner shall agree to pay to the Association, the following: a. All regular assessments for specified services and maintenance as set forth in 5.3; and a b. All special assessments for specified services and maintenance as set forth in 5.4. Each assessment, together with interest accrued thereon shall be shall be a charge on the lot owner's land and shall create a continuing lien upon the owner's lot against which each assessment is made from and after the date the assessment is due. Each assessment shall bear interest at the rate of thirteen (13%) per cent annum to accrue after the due date until fully paid. Additionally, each assessment and accrued interest shall be the personal obligation of the owner of the lot assessed at the date of assessment and may be collected by judicial action in the nature of a delinquent open account, which action may be in lieu of or in addition to the `foreclosure of the lien created against the owner's lot. The personal obligation for delinquent assessments shall not pass to an owner's successor in title unless expressly assumed by the successor. Any collection action, whether it be by lien foreclosure Viand/or by action on °a delinquent account shall require the -`owner of the lot assessed to also pay reasonable attorney fees and court costs to be included as a part of the debt to the WAssociation. Prior to bringing an action to foreclose the continuing assessment lien granted by this Article, the Association shall Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 10 cause a notice of lien claim to be prepared and filed of record with the Ada County Recorder's office and shall send a copy by certified mail to the delinquent lot owner. The cost of preparing, filing and mailing this claim of lien, including a reasonable attorney fee incurred by the Association, shall also be the cost of the delinquent lot owner and shall be recovered from the lot owner. 5.2 Initial Assessment. Upon the initial purchase of each lot from Declarant, an Owner shall, in addition to assessments to be paid to the Association, be required to pay a one-time assessment of $150 per lot to the Declarant, which payment shall be made at closing. This initial assessment represents a per lot assessment intended to reimburse the Declarant for its advancement of legal fees and costs of creating the Association, establishing a corporate Association bank account, purchasing a policy of casualty and/or liability insurance for common areas and/or an errors and omissions policy for directors, and/or other related expenses not normally considered development costs. This one time assessment may be waived by the Declarant. However, nothing contained herein shall require the Declarant to purchase insurance policies. I 5.3 Regular Periodic Assessments. Each lot Owner shall also be assessed and pay a regular periodic assessment to begin at the closing of the lot purchase from Declarant, which regular assessments are to be used by the Association for the purpose of maintenance of the common area lots, paying costs incurred for policies of insurance purchased by the Association, paying for costs associated with the operation of and maintenance of a sewer lift station, the maintenance of common area lots, and/or providing for any other regular business activities of the Association. The Association may elect to collect these periodic assessments on a monthly, quarterly, semi-annual, or annual basis, as it deems appropriate. The lot purchaser shall prepay these periodic assessments to December 31, 1996, at the closing of the lot purchase based upon a prorated 1996 ownership. The beginning assessment annualized for the year 1996 shall be $150.00, based upon an estimate made by the Declarant for the cost of services anticipated. This periodic assessment can be automatically increased by the Directors of the Association by as much as 20% per year beginning with the year commencing January 1, 1998. It may be increased by more than 20% by a majority vote of the members at a meeting called for that purpose by the Directors. 5.4 Special Assessment for Repairs, Operations, or Maintenance. In addition to the regular monthly assessments, the Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 11 association, by the majority vote of its members at a meeting called for that purpose, may make any special assessment for a specific one-time cost or expense benefiting the common lot areas on the common interest of all members. 5.5 Notice Action Authorized under Section 5.3 and 5.4. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.3 and/or 5.4 of this Declaration shall be sent to all members not more than fifty (50) days nor less than ten (10) days in advance of the meeting. a 5.6 Miscellaneous Assessment Information. The directors shall annually re-establish the amount of the regular assessment per lot each November of each year and shall send written notice of that assessment to each owner thirty (30) days before the effective date of the re-established regular monthly assessment. The Association shall, upon request and for a reasonable charge, furnish a certificate signed by officers of the Association stating whether or not assessments by the requesting owner are current. 5.7 Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed to be delinquent and shall bear interest from the due date at the rate of thirteen (13%) per cent per annum. The Association may bring an action at law against the owner personally obligated to pay the delin- quent assessment or may record and foreclose a lien against the property. No owner may waive or otherwise escape liabili- ty for the assessments provided for herein by non-use of the common area or abandonment of his lot. 5.8 Subordination of Assessment Liens to Mortgages. The lien of any unpaid assessment shall be subordinate to any first mortgage or deed of trust against a lot. No mortgagee of a mortgage or beneficiary of a deed of trust shall be required to collect any unpaid assessment. The failure of a lot owner to pay assessments shall not constitute a default under a mortgage or deed of trust. Sale or transfer of a lot shall not affect the assessment lien, nor shall the transferee in such sale or transfer be relieved from liability for any assessment thereafter becoming due or from the lien thereof. ARTICLE SIX Pressurized Irrigation System Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 12 r 6.1 Pressurized Irrigation System and Assessments. Each owner understands that the Declarant entered into an agreement with the Nampa and Meridian Irrigation District, whereby the water district.has agreed to provide pressurized water service to each lot in the subdivision, and each lot will receive an assessment from the water district for that service whether or not the water is actually used. Additionally, the Water District is obligated to operate, maintain, and repair the pressurized system and may also levy and collect additional annual assessments against each lot served by the system (all lots) to defray the cost and expense of such operation, maintenance, repair or replacement in a manner specified in the agreement. This agreement is recorded as Instrument No. 96044971, records of Ada County, Idaho, and is incorporated in this Declaration by reference. a 6.2 Prohibitions. Lot owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water system. WATER FROM THE IRRIGATION WATER x SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF HIS/HER/THEIR LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. Lot owners shall not construct any ditch, drain, well or water system upon any lot or common area. 6.3 Use and Rules. The Association, through its Directors, shall establish and serve on each lot owner a set of rules establishing the use of this irrigation water including time of use and duration, recognizing that the system will not permit all lots to use the irrigation water simultaneously. The Association may also elect or contract for hire a water master to designate a rotation schedule. ARTICLE SEVEN Architectural Control In order to protect the quality and value of the homes built in the project and for the continued protection of the owners thereof, an Architectural Control Committee (ACC) is hereby established consisting of three members to be appointed by Declarant as long as Declarant owns lots in the project. Thereafter, the Architectural Control Committee shall be appointed by the Board of Directors of the Association, to succeed the prior committee membership upon such appointment. Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 13 7.1 Approvals Required. No building, fence, wall, patio cover, other structure, or landscaping improvements of any type shall be commenced, erected, or installed upon any lot or common area nor shall any `exterior addition to or change or alteration of existing improvements be made until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location of the same and such other detail as the ACC may require (including but not limited to any electrical, heating, or cooling systems), shall have been submitted to and approved in writing by the ACC as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with the requirements of this Declaration. In the event the ACC fails to approve, disapprove, or specify the deficiency in such plans, specification and location within thirty (30) days after submission to the ACC in such form as they may require, approval will not be required and this Article will be deemed to have been fully complied with. 7.2 Rules and Regulations. The ACC is authorized to adopt Rules to govern its procedures including such rules as the Committee deems appropriate and in keeping with the spirit of due process of law with regard to the right of concerned parties due to be heard on any matter before the Committee, the Committee is further hereby empowered to adopt such regulations as it shall deem appropriate, consistent with the provisions of this Declaration including matters of design, materials, and aesthetic interest. 7.3 Fees. The ACC may establish by its adopted rules, a fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications to the Committee for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the ACC for the cost of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. 7.4 Enforcement. The ACC may in its own name or on behalf of the Association, exercise all available legal and equitable remedies available to prevent or remove any unauthorized or unapproved construction or improvements on any lot or property or any portion thereof. In the event the ACC exercises its right to remove or restrain the violation of any rule, the ACC shall recover liquidated damages of not to exceed $500.00 in Addition to its attorney fees and court costs as a means to reimburse those ACC members for their time and effort. 3 Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 14 7.5 Waivers. The approval of any plans, drawings, or specifications for any plans, improvements, or construction, or for any matter requiring the approval of the ACC shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matter subsequently for approval. 9 7.6 Liability. Neither the ACC nor any member thereof shall be liable to the Association, to any owner, or to any other party for any damage suffered or claimed on account of any act, action, or lack thereof, or conduct of the ACC or the respective members thereof, acted in good faith on the basis of information they then possessed. I ARTICLE EIGHT' Common Areas Declarant intends to establish several common areas created for the mutual benefit of all Owners. These common areas are designated on the final plat of Whitestone Estates Subdivision as follows: Lot 1, Block 1; Lot 11, Block 1; Lot 11, Block 1; Lot 21, Block 1; and Lot 1, Block 2. 8.1 Purpose/use of Lot 1, Block 1 and Lot 1, Block 2, is for a landscaped berm along Linder Road. The purpose/use of Lot 21, Block 1 is for the location of a sewer lift station. The purpose/use of Lot 11, Block 1, is for a pedestrian bridge and pathway to be located in a property adjacent to the Whitestone Estates Subdivision if the owner of that adjacent property will consent to a bridge and pathway located on its property. The purpose/use of Lot 17, Block 1, is to locate a storm drainage area as required by Ada County Highway Department. 8.2 Title and control. Title to common area lots will be conveyed by Declarant to the Association free and the control and responsibility for maintenance, operations, and stated purpose shall be solely vested in the Association, upon conveyance by the Declarant. Conveyance of title shall be free and clear of all liens and encumbrances, except those noted on the plat, and shall be made before HUD insures any mortgage on any lot. 8.3 Common rights. Each lot owner shall have an in common and perpetual access easement and right of use to -common areas, with all other Owners for the purposes set forth above, which easement and use shall run with and be appurtenant to each Owner's lot. 8.4 Association's Duty to Maintain. In addition to other duties required of the Association, the Association shall maintain all common area lots. No individual liability shall be Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 15 imposed: on Declarant; for", 'any, Owner °w.for damages`"+to'=a ` common ,area,; -except ,-to'>:the .°extents-that4 his" ldirect, negligence is the cause of that damage. n 7%,-1 . 0 1 C(- t I.;:_ rR.. C, 4. ` L" r- a ". p ., " � ' "A 8.5 Mortgage :ori -Common-. Ar`ea. -No, mo'rt'gage:�shall ¢be planed on a common _area_ lot w without. the-, wri-tten' consent � of .,two=thirds 1(2/3) of all 1'ot--Ownees;:.-rexcluding'�the _consent -.of -`Class "B member -owners.. Jf, a_znortgage'!'is_placedF on.. a common' area xto't, -t shall be` subject to land infer` ior,, to, -the use and- easement .rights -granted, td,.all'kOwners. �y _ '.f� - + 0 I I ARTICLE NINE Future DevelopmiCt-ind `Annexation 9.1 Whitestone Phases. Each owner recognizes that the Declarant intends- .to": subdivide,c<devel'op, -and4,,innex' adj acent � land -* as additional'. phases of White'stone.! Estates -to ;be 1 known as Whitestone' Estates -Subdivisions' #2,..°#3, andl*., The" Declarant may annex these additionalIll'arids�yaccordingt to . the procedure described. r 9.2 Additional land- may .be . annexed" by Declarant iri' Declarant''s sole discretion without the consent of Members at any time within twenty (20) years of the date of this instrument. �{ Thereafter upon approval`cof majority -Vote oflthe Members, and further' provided jthat--,i'f any .-homes % are to 'be f-inancedr- by HUD/VA, the annexation? of. additional parcels. shall also require approval :` by` .HUD/VA,, if there . are" 'still '-Class B members. Annexation shall cause an amendment of this Declaration to 'include: -'such,- additional',"property, 'andf'4'to subject such additioria`l property to 'the right`s, privileges, restrictions,,covenants',.iand'easements'herein provided shall be made by the execution and recordation ''by Decla "rant of a Supplemental Declarat=ion,1. which shall rdescribe the ,common area and common facilities` thereof. '-The Supplemental Declaration may expressly modify the terms and conditions of this 1 ' . Declaration as they apply -tom-,'su'ch additional pr'opert'y." However, except for such-express,)modifications;- upon the recordation of the Supplemental Declaration, the additional property described therein shall be subject to the terms and provisions of this Declaration as though included originally in the Declaration and the definitions of property, common area, and common facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of lot and owner. All owners of lots located within the expanded project shall be subject to all easements, restrictions, and reservations set forth in this Declaration and shall have the privileges of use of common area and common facilities, except as otherwise provided herein and subject to the restrictions, Declaration of Covenants, Conditions, and Restrictionsfor WFitestone Esfates Subdivision- Pag"e 16 ___��_.__i.___...�.._....�,_.��.........................v..•.wa.v..v-.vr—��n.away.v-a.�aaaavv'vwwr�orvr�—raa�v—ry 1 reservations, and modification set forth in the Declaration as amended and supplemented from time to time. , Designation of Common Area. Any common area and common facilities designated by Declarant as such on the plat of the newly annexed additional property or in the Supplemental Declaration applicable thereto, or which may be acquired by or conveyed to the Association by Declarant, shall be subject to the same easements or other rights for the use and enjoyment of the owners as for the other owners of lots subject to this Declaration. ARTICLE TEN General Provisions 10.1 Enforcement. The Association, as well as any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 10.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision hereof, and all other provisions of this Declaration shall remain in full force and effect. 10.3 Term. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is filed of record. After completion of the initial term of twenty (20) years, this Declaration shall be automatically extended for successive periods of ten (10) years. 10.4 Amendment. This Declaration may be amended only with the written approval of two-thirds (2/3) of the owners. Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 17 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Covenants, Conditions, and Restrictions this 2nd day of ice, 1996. October WH TONE LOPMENT COMPANY, L.L.C. a , By Tit lie : / Managing' MEX911 MEMBER STATE OF IDAHO ss. County of Ada ) October On this `2nd day of 1996, before me, the under- signed, a Notary Public in and for 'said State, personally appeared Larry Van Hees , the Managing Partner Of Whitestone Development Company, L.L.C., an Idaho Limited Liability Company, known to me to be the person who executed the within and foregoing instrument for and on behalf of said limited liability company, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea y and year first above written. * CBA,_ .._ &4d&x4 d - tgWjv�� Notary Public for Idah Residing at Boise Commission expires 3/4/2000 t Declaration of Covenants, Conditions, and Restrictions for Whitestone Estates Subdivision - Page 18 A4 olk 290 North Mdple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 November 5, 1996 Subject: oWliitestone Estates.No. 2 Subdivision Dear Will`. C V EA N0u --7 1995 CITY OF MERIDIAN Please reschedule Whitestone Estates No. 2 Subdivision final plat from the City Council meeting agenda for November 19 and place it on the agenda for. December 17. We are adding 11 lots to the final plat. Will we, need to resubmit the revised plat to the City Council? If you have any questions, please call (208) 378-6380. JTE:smg cc: Mr. Larry Van Hees, Van Hees Builders PLS_B0I M-839 Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. &-r� .. John T. (Tom) Ed , Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBDIVISION EVALUATION SHEET �;7AUf _ Proposed Development Name WHITEST E SUBDIVISION 2 City Meridian Date Reviewed 10/31/96 Preliminary Stage Final XXXX Engineer/Developer Pacific Land Surveyors / Whitestone Development -Company The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall apl2ear on the plat as: - W FRANKLIN ROAD" � "S LINDER ROAD" •! - LODESTONE AVENUE" "S MOONSTONE WAY" r °W PINTAIL DRIVE" "W. MOONSTONE DRIVE' cannot be used Please choose another name W GALENA DRIVE" is in alignment with "W MERGANZER DRIVE" and shall appear /-Ingd! — --W V� OUVWL namC a nlinun s nave peen reaa ana approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE G N%Y R"j2ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Id Ada Planning Assoc. Ann Hurley Date �- - City of Meridian Representative r p Date 10 -3/- ?4 - Fire District Meridian Representative XY3Date 9{o 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 fill Sub Index Street Index 4N 1E 14 Section NUMBERING OF LOTS AND BLOCKS 09- Nom✓ /D/3/�� TMSUMSM_CITY. FRM f I f SENT BY: POWER fvminars Mcapaask I 7-30-36 ;11 24AM TELEPHONE RECORD 7 h N50P I` From: "= -t-- POWER ENGRS BOISE 208 887 48134 6/ 6 S< x. Project Name Job PA. Svc Task Fie Name oats Timm / ESR. Te k item Number ge- LU 4c;-7� Follow up: JUL 30 '96 11 24 208 378 0025 PAGE. 06 SENT BY: Ms. Shari Stiles Planning Director City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 6-13-96 : 3:51PM POWER ENGRS BOISE 208 887 4818:9 2/ 2 290 North Maple Grvvo.Road Boise, lD 83704 (208) 378-6580 Fax(208)378-0025 June 13, 1996 Subject: Whitestone Estates and Bridgcwood Condominiums Dear Shari: Below are some questions on the above -referenced projects that I need to have answered- Whitagant Egates 1. Is the development agreement acceptable? 2. Can the fence on the west side of the development be chain link? The current use is a farm, and it will probably be a.farm for the next 20 years. There is a ditch along the proposed fence line that will need to be burned every year, and the wood fence could be burned. 3. The pump station agreement was faxed to Gary Smith. 4. Concerning bonding for improvements, can the client get credit for work that is done? Bridgzewood CondominiM 1. How do you calculate the fees for a condominium? I will be in your office on Friday morning, June 14, to submit Bridgewood Condominiums. JTE: smg Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. John T. (Tom) Eddy, L. S. ratifu Land 9urveynrn, a division (XPOWER R igincera, Inc., an Idaho Corporation JUN 13 '96 15:50 208 3?8 0025 PAGE.02 290 North Maple Grove Road Boise, Ib 83704 (208) 378-6380 Fax (208) 378-0025 ffX November 5, 1996 J r+ d rq„G” NO V - 1995 �. CITY OF MERIDIAN Mr. Will Berg City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: `Whitestone Estates'N6-2-Subdivision Dear Will: Please reschedule Whitestone Estates No. 2 Subdivision final plat from the City Council meeting agenda for November 19 and place it on the agenda for December 17. We are adding 11 lots to the final plat. Will we need to resubmit the revised plat to the City Council? If you have any questions, please call (208) 378-6380. JTE:smg cc: Mr. Larry Van Hees, Van Hees Baildcrs PLS-HOI _qw9 Sincerely, PACIFIC LAND,SURVEYORS A division of POWER Engineers, Inc: &.r� - John T. (Tom) Ed , Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation o`- V EXHIBIT+"B" � / LLV�1. G t > >Y LCL TO THE DEVELOPMENT AGREtbENT BY AND BETWEEN _ �} THE OF 1 tRlDIAN ,IDAHO` RECEIVED ��YI-iiTE�T()N D VFI €?PM NT COMPANY, testi AUG 1 9 1996 CITY OF MERIDIAN This subdivision is for 'i 55 lots with an overall density of 3.40_ dwelling., units per acre. The DEVELOPER shall: a 1. Construct a non-combustible fence along Ten Mile Creek outside existing Nampa -Meridian Irrigation District/U.S. Bureau -of Reclamation easement/right-of-way prior to obtaining building permits. E + 2. Submit detailed landscape plan of 20' wide berm along Linder Road for approval prior to construction and provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; no fencing shall encroach on this 20' planting strip, located beyond required right-of-way of 45' from centerline. 3. A[gee to construct, at its sole cost, a bike path on a strip of land6'containing Ten We Creek, which land (hereinafter "the Strip") is adjacent to the northern boundary of Phase I of the development and to construct a new pedestrian,bridge"acToss Ten Mile Creek at thelocation of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10' in width, and shall` '~ be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan preparcd by Tota South; b. The pedestrian bridge shall be 6' in width with steel girders and steel handrails, to be constructed when the property on the north side of Ten Mile Creek is developed; C. The City of Meridianshallwork with, the Developer to obtain written.approvals from' the Bureau of Reclamation and/or`Nampa-Meridian lriigaiion District to permit the construction; d. Construction of the path will be commenced within 90 days from >approval' by the Bureau of Reclamation and/or Nampa -Meridian irrigation District. All construction shall thereafter be completed in 180 days; e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain the bike path, bridge, or adjacent areas in the Strip upon acceptance of the completed pathway by the City; and EXHIBIT "B" Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT_ Page 1 of 2 t. AUG 16 136 15:23 FR CITY OF MERIDIANR 208. se? 4813 TO WAYNE LKuuKniurv' r.��.�� "I.; z t u . £ Developer and Whitestone"Homeowners' Association shall navanodl�n liability t claim `of injury or death for any� or resulting damages arising fromany accident occurring in or on the Strip, except for any claims that arise as a result of Developer's or Whitestone Homcowners Association's actions or inactions. rior to obtaining building permits, except where the 4. Provide permanent perimeter fencing p City has agreed in writing that such fencing is not necessary. boundaries oronly 5. Tile all ditches, canals and waterways, including those that are property partially located otf the property, unless downstream water users and the irrigation district" variance is granted by the City; Ten Mile Creek is determine they can be abandoned or a excluded from this requirement. ` 6. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water 'and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 7. Construct curbs, gutters, sidewalks and streets to and within the property. g pay any development, impact or transfer fee adopted by the CITY. 9. Meet the requirements and conditions of the Findings of Fact and Cgnclusions of Law and meet the Ordinances of, the CI'T'Y. , 10. Construct and-install pressurized irrigation to all lots within this: subdivision prior to obtaining, building.perniits. x a Provide pedestrian walkways in accordance with Meridiad,City Ordinance 11-9-605 C. 11- p ` 12. Construct sewage tiiT station to City standards and enter into a maintenance agreement with the City of Meridian, under terms and conditions to be approved by-the Public Works are and submit proposed agreement Department, prior to obtang building permits; prep uu rks Director prior to signature on for review by the Meridian Public Wothe final plat. at e as 13. Petition the City Council for amendment to this development agreement reUuiremCnts fine phases of Whites[one Subdivision are proposed to incorporate specific Rev. 8/06/96 EXHI131T " B"Pae 2 of 2 WHITESTONE SUBDIVISIONDEVELOPMENT AGREEMENT g LIFT STATION MAINTENANCE AGREEMENT This Agreement is entered into this day of , 1996, by and between the City of Meridian hereinafter "Meridian" and Whitestone Development Company, L.L.C., hereinafter "Whitestone". WITNESSETH; e WHEREAS, Whitestone has made application'to� Meridian to rezone and annex that certain parcel of real estate to be known as Whitestone Estates Subdivision and to develop that subdivision as more particularly described on its initial` application; arid,`" WHEREAS, Meridian has granted Whites-tone`s Application subject to all of the terms and conditions' of --'a Developer's Agreement entered into on 1996;' and WHEREAS, one specific condition of thel 'Develop'er's Agreement requires Whitestone to install a` sewer' lift 'station in"order to properly move sewage from a collection point in the subdivision to connect to the of the Meridian Sewer District, which sewer lift station- must be- monitored `and maintained to prevent malfunctions; and WHEREAS, Meridiani has the capability and the expertise to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions;, and will agree to do the same for Whitestone for a fee*equivalent to its costs and expenses; and w WHEREAS, Whitestone intends to form anon -profit corporate homeowners association to be known as Whitestone Homewners Association, Inc. (hereinafter the "Association") and that Association will pay Meridian's fee for monitoring, repairing,, and maintaining this lift station after construction by Whitestone; r NOW THEREFORE in consideration of the mutual benefits, the parties agree as follows: 1. Scope of Meridian's -duties: Meridian shall provide the periodic maintenance services to the Whitestone lift station: LIFT 'STATION MAINTENANCE AGREEMENT -Page, l opre raLxona_uparameters—signrr-icantly change. a^-1-ne--party-' e 'x, -ng renegotiation of charges shall serve thirty (30) days written notice' of intent ,to renegotiate upon the other party and shall LIFT STATION MAINTENANCE AGREEMENT - Page 2 I -M b. the wet wall. agreement of reduced. Operations monitoring. `Periodic line maintenance - quarterly cleaning of This maintenance -schedule may be.adjusted by mutual the, parties- if the level of maintenance can be c. Emergency response to. telemetry'breakdown messages. d. In the event routine repairs are needed, Meridian shall notify Whitestone/Association who shall -then make or contract for the repairs at Whitestone/Association's separate cost. e. In the'• event that Meridian makes any routine corrective repairs, Whitestone/Association shall pay Meridian on a time .and materials basis. F f. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made and: Whitestone/ Association shall pay Meridian on a time and materials basis. 2. Scope -of Whitestone duties and payment for services: a. In addition to bearing the cost of installing the sewer lift station; Whitestone shall install an alarm system, which shall cause„a telemetry breakdown signal to be relayed to the Meridian City Public Works Department, which shall then give rise to dut'i es in paragraph lc . , d . , e . , and f. above.' b. Whitestone/Association shall pay all utility costs incurred in operating the lift station including electrical power. C. Whitestone/Association shall pay Meridian as follows: i. For operations lift station- monitoring at $266.00/ month. ii. For periodic line maintenance at $135.00 per line cleaning. iii. For services under items 1.e and f. above. d. All charges assessed pursuant tothisagreement are subject td annual renegotiation between the parties. Furthermore, the charges associated with this agreement may be renegotiated, by mutual consent of the parties, at any time costs or' other operational' parameters significantly change. The party seeking renegotiation of charges shall serve thirty (30) days written notice of intent, to renegotiate upon,.the other party and shall LIFT STATION MAINTENANCE AGREEMENT - Page 2 identify in such notice the items and charges requiring renegotiation. e. Payment. All sums due Meridian by Whitestone/Association shall be fully paid within thirty (30) days of mailing of an invoice from Meridian. 3., Whitestone/Association shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by or arising from operations and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 4. The duties and rights of Whitestone may be assigned by Whitestone to the Association; but Meridian must be notified of that assignment in writing thirty (30) days in advance of the date of assignment. Any other assignment shall not be effective without the written consent of both parties. 5. This agreement may be terminated by either party upon sixty (60), days written notice. 6. In the event that the sewer collection system serviced by this sewer lift station can subsequently be connected directly to a gravity flow line connecting to a main sewer trunk line making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to Whitestone/Association or its assignee and this;Agreement shall be terminated. IN WITNESS WHEREOF, the parties do execute this Agreement as of the date'set forth above. CITY OF MERIDIAN E By: Robert D. Corrie, Mayor By: William G. Berg, Jr. City Clerk WHITESTONE DEVELOPMENT COMPANY, L.L.C. By: Larry Van Hees Managing Member LIFT STATION MAINTENANCE AGREEMENT - Page 3 RUG 14 '96 01:11PM VAN HESS BUILDERS, INC. 1 P,1 AW raft nurf�bw- 8 — T D (3 -4A 1()C ammmian. S t4A2t S--,% l f Filan: (irceltaaln�ii�tcor�) A� or- oua�'r" (o Srewr Lv..*ts p '1 soo 47,° . 000 -) hCC.oesw� To It ,tit.J /�Ce POwi�Ci eta E�t.,t i sa Arsn 1' GC of jL tac-yJ3LOAJ - � dlGui �� NEst iT�.a•,t1 c � � 1 i 11QZ0SM= 12A- HIO�s37lE Mm.('1f1 �34�1p.�A�Sd& 1, AUG 14 '96 13 15 1 208,344 9455 PAGE. 01 DGS Sad Farrrr &Curse :Qp PR t26T U,_ Cloverdale- Road. . Bbise; ldaha 837 �' " (208) t � F A' SUBMt 'TO:. , lop `. DATE.., Qh 2, 7 PROrJEcr:z.y1 WtTHINv Q/tYS Telephoner No [( SIGNATURE SIGN WRIF , We herebysubmitspeeifications. and estimatesaorz QATE �•'= E� a- -, 9 77 W� 77 t' v - �, i � �.` h , ryF� � �;�y� F" �� fit} � YY ccs .. -r.✓ ;p<..; T`� STT-:. - .. .. _. .. d•.` g .... .s .a _.. .r a ... � PAYMENT TO, BE MADEAS, FOLLOWS. -- AN material is guaranteed to be as spwrred:An work sha8" according to standard practkxe. becompleted in avralorternliikamanners tracaatswipbs:executedon Any alteratlonordeviatlorthomabtareapaeifications.Involvingexk ty upon written ordera. andwiltbecomeaw extra drarge over andabove: the amount settorth above:• We.~ not ba responsibWor dslaywcaused bVt sfte% accidents-_ orother contingenassbeyend ourcormok Onwrertocanytke; tomadoandodw neceawy nnsurano& Durworkers are",, covered-byl Workmen's. comparrosUots tnsurancm ACCEPTANCE OF PROPOSAL The .shove`pdcea4spedficmWets:terms, and cooditWrtsa rsatisfactory andatsherebyaccepted.' You are authorized toric the work esspecifled. payment YNq be made esoutOned above: Payment, is DUE within 30 day& Purchaser agrees to pay ad costs and expensesof'collection including in- terest and Attorneys fes. 1'A est interper month charged on pest due account& Buyer agrees, at h ,. the will, not hold responstble for arty llabfilty, grestarthan amount of this SSW,. sur-: �y t � F A' RE Qh 2, THIS.P @ AdAY BEWITHEI NZ8XU&IF NorACCEFrE&"fir gy v WtTHINv Q/tYS IGNATURE SIGNATURE - SIGNATURE SIGN WRIF QATE �•'= E� sur-: ** TX CONFIRMATION REPORT ** AS OF JUN 26 '96 15:56 PAGE.01. CITY OF.MERIDIAN h= DATE TIME TO/FROM MODE MIN/SEC PGS CMD#, STATUS 19 0626 15:52 1 208 344 9455 G3—S 03'04" 004 248 OK SUGGESTED LANGUAGE FOR ITEM 3, EXHIBIT "B" TO THE DEVELOPMENT `AGREEMENT BY AND BETWEEN THE CITY OF MERLpIAN, IDAHO AND a fie TOb t,. r Y C, 3. Agree to construct, at its sole cost a bike path`on a strip,of'land belonging to the Bureau of Reclamation and/or Nampa Meridian Irrigation District (hereinafter "Owner") (containing Ten Mile Creek) which land (hereinafter "the Strip") is adjacent to the North Boundry of Phase I of the Development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the, existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10 feet in width, and shall =be paved with 2" asphalt over 16" gravel underlays ent, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6 feet in width with steel girders and steel hand rails, to be constructed when the Kelley property on the North side of Ten Mile ¢ .Creek is developed, c. The City of Meridian shall be solely responnhIe to obtain written permit the construction; approvals from the Bureau of Reclamation and/or to Nampa Meridian Irrigation District d. Construction of the path will be commenced within 90 days from the �ZV_4,notification by the City that'approval has been obtained by the City from the Owner and all construction shall thereafter be completed in 180 days; e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain`the bike path, bridge, or adjacent areas in the Strip; E Developer and-Wlutestone Homeowners' Association shall have no liability for any claim of iniury or death or resulting damages arising from any accident or incident occurring in or on the Strip, That liability shall remain with the Owner and/or the City of Meridian and Devel and VWtestone Estates shall be indemnified and held harmless from any su claim. w ► L4,u VIIA� L a� 0-7 ;µ JUN 18 196 1528 1 208 344 9455 PAGE. 04 JUL 19 '96 08:29AM VAN HEES BUILDERS, INC: P.1 VAN HEES BUILDERS, INC. 410 SOUTH ORCHARD, #124 BOISE, IDAHO 83705 208-3449566 OFFICE a r 2084449455 FAX ' ,r { FAX TRANSMITTAL ►6 08:32 1 208 344 9455 PAGE. 01 JUL 19 '96 08:29RM VAN HEES BUILDERS, INC. OT,,18,*96 11'. 34 W DG -FAMVMV TURF & NURSERY FRH TRflNtMlSSlOFt 4025 E FAIRVIEW AVE. QRTF_� NEWIAN, ID 83642 TIME CZ99) 375-7412 TOTRL PlIGES Z FRH (203) 375-7542 TO: LpuTTN FROM.' OAR MESSRSE8. JUL 19 '96 08:32 1 208 344 9455 PAGE. 02 JUL 19 '96 08:30RM VRN HEES BUILDERS, INC. P.3 r 07:18/96 11:34 FAI 14002 • G P (0 8 L Lf LL �1 '`�,• , DG.Sod:+ aM"'A: Nurse y r _ •�1, l lOvercal@ Road;";':u.6owal Idaho 83704 36~7412 1 r"""--�"w' � ,.��..,4•�r''�M„ 5U MrT'TE'D TO: _ ..'��•`� � , .. ''f,:'��X+r�}S��w�t�"i;r3c!•R,:pr'i���,y�:arD�lit1�'.. •• . ',, `��i✓I. •LTJ •V'F,," ��� r".� q • elephant No. -VQ hereby subunit speoitlugant and'ttdry�01 f0i; 'imp • :;;; :: , !!', :" ;": '�.. . w, rurr•,v .r� .+yv.�� err .� .�.:.• H , . , .: _� � : x.45 ,'}3pP� a, • . . � II ,.d r .•mss' r' L / � • LSM•-' riNn�•ai .y.1.i T 1.lr/��ai r �=r; �.r- ��� �.�•.f:al 9y .. �t ti;!�: .r. _ �:. ,, _;Mi1a•:',•�.-.•.� __a� ,--: .,JE PROPOSE ATO FtJAN18H1dA NQ 1A80 PLETE l ORo 0 DAN E F-AI)OIE SPtsC1FlCAFfONS FOR THE, SUM OF PAYMENT TO ,I AVE . �,, , 'i� � t 1 ��'�Ar.j ,•.may �e ?. "�'�'���"J' `�.' - .. '?STS+'d i'6.if,•'!'.}'1','1t' - r , a1 tTl4ritl40u■nnor■diad■■■■pra■YMrI.NIM�MYlrptt NON11yy�n■h,; •AU7}I0R12t031GNATURE •r..w0inpa■un■wPr■dm■rai+YaWlf��r ►�q�Wpro�nrm�MggrA ...•.. r - :•r i Ce■O Mlil b■ vCVbd Of1y,YIpM w�y1101�1�,i14111�j11 wli d'titi� OMf YM tOs�■ •.. -•, • r . v aR =nt m mm Amh& We a d nolle InPO,�IL�pi4�%wd dl •■tb■ a■■e■n � i OAn •aa�raonmsperwa■twatarearoaL0�■iwb tQ P OPOSAL MAY-BEWRN .t werb.e an rutty mvs■a ff Mrpraw�y � „ 1 r y fir, 8 P)J . POS DRAWN BY U81F NOTAOCEMI) ACCEPTANCE OF PROPOSAL -:oj.4±40Lq_•r �1� T p oaao■r■oncaa, 'fit" y'"' a 'c �+■etld�keu.pnn�ond'`ria!l0�halo�r•�nG�ri'nKOD1r�8�p�ad:' w-91GNA7Utiro• • • eu aro a0lhwa■o b do 0w wnc u �o■er■4 P4�o lq i -do wwA-d arorw OAl Z ouE renin ao aye Puntir■r yr■ A ogaP amtj�■n■M or eo■amm mee,�.Tp' erg , uroNvtaA4em■yi!a.'11NN�nuM■■tCo�M�M�«mifansalaw�loomo tlurw■or■w :' ' 'SIQhIATLJiiO. E Y JUL 19 '96 08:33 1 208 344 9455 PAGE.03 .-LAI 10 70 ✓J1)•GarV1 Yrill rILL.:; L'U1L✓G �Jr' 1JIL. June 18, 1996 William G. Berg, Jr., City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Dear Will: r.c RECEIVED CITY O ,IMS 13MIAN Development of�Whitestone Estates Subdivision is well under way. We are getting close to recording the plat; however, we do not have a signed Construction Agreement with the City of Meridian. I.met with Shari Stiles, Tom Eddy and Bill Snyder, our legal counsel, to discuss the wording of Item 3 of Exhibit "B"having to do with the bike path along Ten Mile Drain. Attached is suggested wording which spells out responsibilities of parties involved. We feel a bike path is great for the area; however, the Nampa -Meridian Irrigation District and the Bureau of Reclamation both have been hesitant to discuss the matter. The City of Meridian needs to take the lead to get the bike path approved if it is to be built. Also attached is a Lift Station Maintenance Agreement, copied from an agreement between Boise and Garden City, for your review. We will be ready for signatures on the plat by the City of Meridian soon. We are preparing a Letter of Credit now for ACHD. We should have their signature within the next two weeks. The Central District Health Department has signed. It would be good if everything that is required for signing by the City be done when ACHD signs; however, I need some help. I have discussed with several people at City Hall what I need to have the plat signed. I am told you are the person that can help me put this all together. The Construction Agreement needs to be prepared for Whitestone Development Company, L.L.C. signature. Amounts are needed for Letters of Credit to meet the requirements of the City of Meridian. All the gravity sewer lines and services and the pressurized sewer line have been installed interior to the subdivision. All water lines and -services have been installed, and the connection has been made in Linder Road. If you could get the amounts to us for Letters of Credit, with credit for work completed, it would really help us. JUN 18 '96 15:27 1 208 344 9455 PAGE.02 JUII 10 7U U1w)-r-W-11 Vrlll.Mr-F-1 DUlLLLftD', L11". „> William G. Berg, Jr. Page 2 June 18, 1996 If I need to do anything to speed up the process, please let me know what it. is. I thank you for your help. Y ly,Van Hees tone Development Company, L.L.C. Attachment JUN 18 '96'15:27 1 208 344 9455 PAGE.03 V � SUGGESTED LANGUAGE FOR ITEM 3, EXHIBIT "B" TO THE, DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND WHITESTONE DEVELQP NTCOMPANY, ] LC 3. Agree to construct, at its sole costs a bike path on a strip of land " 'adjacent to the- North BoundfFy of Phase I of the Development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10 feet in width, and shall be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6 feet in width with steel girders and steel hand rails, to be constructed when thYmeRv e Creek is developed; property on the North side of Ten Mile ut �X(I� c. The City of Meridian shall -b soWy Zespnasihle. to obtain written approvals from the Bureau of Reclamation and/or Nampa Meridian Irrigation District to permit the construction; d. Construction of the path Ville o emme c it in0 .9�s�rorl the-�- t approval and all construction shall thereafter be completed in 180 days; e. Developer and Whitestone Homeowners' Association shall have no further dut . improve or maintain the bike path, b '��g$e� or adjacent areas in the Strip- C t�Pati aCC e 'I Mrf ' 4'76-' f. Developer and Whitestone Homeowners' Association shall have no liability for any claim of inju or death or 1#.: da I - ry resu mg mages ansing rom any accident or incident occurring in or on the Strip. I W C-rn C g JUN 18 '96 15:28 1 1 208 344 9455 PAGE.04 LIFT STATION MAINTENANCE AGREEMENT This Agreement is entered into this day of June, 1996, by and between the City of -Meridian hereinafter "Meridian" and Whitestone Development Company, L.L.C. hereinafter "Whitestone". WITNESSETH WHEREAS, Whitestone has made application to Meridian to rezone and annex that certain parcel of real estate to be known as- Whitestone Estates Subdivision, and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted Whitestone's Application subject to all of the terms and conditions of a Developer's Agreement entered into on , 1996; and WHEREAS, one specific condition of the Developer's Agreement requires Whitestone' to •install a sewer lift station in order to properly move sewage from a collection point in the subdivision to connect to the of the Meridian Sewer District, which sewer lift station must be monitored and maintained to prevent malfunctions; and WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does same with other lift stations at other projects and subdivisions; and will agree to do the same -for Whitestone for a fee equivalent to its costs and expenses; and . WHEREAS, Whitestone intends to form a non-profit corporate homeowners association to be known as Whitestone Homeowners Association, Inc. (hereinafter the "Association") and that association will pay Meridian's fee for monitoring, repairing, and maintaining this lift station after construction by•Whitestons; t NOW THEREFORE in consideration of the mutual benefits, the parties agree as follows: 1. Scope of Meridian's duties: Meridian shall provide the periodic maintenance services to the Whitestone lift station: a. Periodic operations monitoring'. b. Periodic line cleaning -not less than once per quarter. c. Emergency response to telementary breakdown messages. d. Inthe event routine repairs are needed, Meridian shall notify the Association who shall then make or JUN 18 '95 15:29 1 208 344 9455 PAGE.05 A J k^ contract for the repairs at the Association's separate cost. e. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at the Association's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. =0 pM51tshed e Meridian �„rig--malas-#e•.a:�s--E.8:9a�--5-�9�.�,m.,. da AjAd - r r 0 houxs., 2. Scope of Whitestone duties: a. In addition to bearing the cost of installing the sewer lift station, Whitestone shall install an alarm system, which shall cause a breakdown signal to be relayed to the Meridian City Public Works Department. b. Whitestone/Association 410I incurred in operating power and telephone. . shall pay all utility costs the lift station including C. Whitestone/Association shall pay to Meridian routine -maintenance charges>as follows: cl. periodic lift station monitoring at /month. c2. periodic line cleaning at $130.00 per quarterly cleaning. These rates are subject to periodic negotiation not more frequently than once per year. 3. Whitestone/Association shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property and losses and expenses caused by or arising from operations, and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 4. The duties and rights of Whitestone may be assigned by Whitestone to the A-Sociation. 5. This agreement 1 aFP gr .m& be terminated u L�/l5//K4fil�^P il�Z�77G a �jrr:,�,�jsgs,*,, 6. In the event that the sewer collection system serviced by this sewer lift station can subsequently be connected directly to a gravity flow line connecting to a main JUN 18''96 15:29 1 208 344 9455 PAGE .06 sewer trunk line making the lift station unnecessary, then the lift station may be abandon4d and all of the equipment shall ' belong entirely to Whitestone/' Associatibn or its assignee. JUN 18 '96 1530 1 208 344 9455 PAGE.07 t 0 n VAN HESS BUILDERS, INC. 410 SOUTH, ORCHARD, #124 BOISE, IDAHO 83705 208-344-9566 OFFICE 208-344-9455 FAX FAX TRANSMITTAL N as .FROM: LAW SUBJECT: t ht LL -Z L---) Lftk%4, C4, Gtje. M -s- LAX,-� L cxA JUN 18 '96 15:26 1 208 344 9455 PAGE.01 ** TX CONFIRMATION REPORT ** AS OF AUG 06 '96 08:47 PAGE.01 CITY OF MERIDIAN x. DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 16 08/06 08:46 3434539 EC --S 01'08" 003 072 OK -------------------------------------------------------------------------------------------- Post-iY Fax Note 7671 Date 9► To g/` From r 'CS Co./Dept rPhone Phone # Fax# # TF7- W ?3 41BIT "B" )PMENT AGREEMENT L% r az4v BETWEEN THE CITY OF MERIDIAN, IDAHO AND WHITF.STONEnDEVELOPMENT COMPANY_ LLC This subdivision is for 31 lots with` an overall density of 3.40 dwelling units per acre. The DEVELOPER shall: 1. Construct a non-combustible fence along Ten Mile Creek outside existing Nampa -Meridian Irrigation District/U.S. Bureau of Reclamation easement/right-of-way prior to obtaining building permits. 2. Submit detailed landscape plan of 20' wide berm along Linder Road for approval prior to construction and provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; no fencing shall encroach on this 20' planting strip, located beyond required right-of-way of 45' from centerline. 3. Agree to construct, at its sole cost, a bike path on a strip of land containing Ten Mile Creek, which land (hereinafter "the Strip") is adjacent to the northern boundary of Phase I of the development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according to the following conditions and requirements:' a. The bike path shall be in the right-of-way of Ten Mile Creek, Win width, and shall be paved with 2" asphalt over A b" gravel underlayment, according to the attached plan prepared by Tom South; b. The.pedestrian bridge shall be Gin width with steel girders and steel handrails; to be constructed when the property on the north side of Ten Mile Creek is developed; C. The City ofMeridian shall work with the Developer to obtain written approvals from the Bureau of Reclamation and/or Nampa -Meridian Irrigation District to permit the construction; d. Construction of the path will be commenced'within 90 days from approval by the Bureau of Reclamation and/or Nampa -Meridian Irrigation District. All construction shall thereafter be completed in 180 days; A e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain the bike path, bridge, or, adjacent areas in the Strip upon acceptance of the completed pathway by the City; and L EXHIBIT "B" Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 SENT BY: 8— 6-36 2:30PM POWER ENGRS' BO I SE 208 887 4813;# 1/ 2 PACIFIC LAND SURVEYORS 290 NORTH MAPLE GROVE ROAD BOISE, IDAHO 83704 PACIFIC LAND SURVEYORS FAX (208) 378-6380 FAX (208) 378-0025 k1c�r'� TO: �' � Vo.. 1�e�� FR�' OM: kAk\ lj�kC& COMPANY:. O' < 0. eiic�r JOB NO.:gOj FAX NO.. 3 DATE: PAGE 1 OF (;I—' TIME SENT SUBJECT: r C � _ Pacific Land Surveyors, a division of POWER'Engineers, Inc.. an Idaho Corporation AUG 06 196 14:29 s 208 378 0025 PAGE.01 10 SENT BY: 8- 6-36 ; 2:30PM POWER ENGRS BOISE POWER. TELEPHONERECORD En�in..n �wcorvorabd , rrt To: From: Parc L 'G ,, �yv�.v✓S 208 887 4813;9 21 2 c)k,ks.6ne Gs- pmpct Name_ Jeb Ph. Svc Task Sub. Me Naane ad Tina TeMphoea Numbw r/ /w: M -MIF ArMTZE L MTM i y �r r IT d& 4' Tiff ilic, Follow up: cc: AUG 06 '96 14:30 208 378 0025 PAGE.'02 4 MEMORANDUM To: Wayne C. From: William G. Berg, Jr., City Clerk Date: August 02, 1996 RE. White Stone Estates Larry Van Hees has contacted me. several times this week asking about the progress of.- ,CC&R's - Development Agreement - Lift Station Agreement Please get back to his attorney with any comments on the above items. He has been making a special. effort to try and cooperate with our staff on resolving these items as to not delay the signing of the plat. These items need to be brought to City Council for approval on August 6th, 1996 meeting as your department reports. ` 5 `y S ,r �a } .. U MEMORANDUM To: Wayne C. From: William G. Berg, Jr., City Clerk Date: August 02, 1996 RE. White Stone Estates Larry Van Hees has contacted me. several times this week asking about the progress of.- ,CC&R's - Development Agreement - Lift Station Agreement Please get back to his attorney with any comments on the above items. He has been making a special. effort to try and cooperate with our staff on resolving these items as to not delay the signing of the plat. These items need to be brought to City Council for approval on August 6th, 1996 meeting as your department reports. ` Meridian City Council July 10,• 1996 Page 80 (Discussion Inaudible) g T Rountree: Would they have.to.dig it up? ,;i Smith: They`would have to -dig it up because it.is'in the wrong place, they would have to replac-61t.- I assumeahey would,have to replace. it, or, the, same location. " ;Morrow Okay, so what do you want to-dodo'you want tokgo for the 8 inch? `Smith: I'think it would be: a hell of a,battle (inaudible). I haven't'heard anythingfromWally Lovan at'all, nothing. I don't know what he is doing other .than we are fighting the battle. So' 1 don't -know .whetherl or four inch line two -foot below `the,, ground is going to 'bb satisfactory -or not. ' Morrow: bb you want to have ,awdiscussion with him and find out. Smith`: I can do that. Rountree: I think that would be the wise thing to do there is no sense of us entering the °3battle if there is no reason to battle. Smith: I' guess the thing that,bothers me about'going'back to an 8 inch line is that I kind of backed off -`of it.when we had our meeting initially. So they know there is�a weak point there and I am sure if they lined up their hot shot legal counsels they would just drill me into the ground. `Corrie: (Inaudible)- make them do the six inch all the way over there. ,Smith: Yes; I would'suggest that. If he 3 is, going to =her" nto a,lineit its definitely an advantage to pump`�into a six inch line with a.four inch, dumping into a four with a four. The price is the same according to Albertson's, they said it didn't matter if it was a four inch or a six-inch`it was still $9000 or,whatever. Corrie: Maybe we ought to talk to Wally and (inaudible) Smith: 'Thankyou -Corrid: Shari anything? a. Stiles: "Mayor and:�Council I, wanted to bring up this development`,agreement. The development agreement was previously approved by Council. However`since then I° have Meridian City ,Council July 10, 1996 Page 81 had a meeting with the developer and his attorney. We agreed that some of the wording in the development agreement would actually be impossible for them to do. One of them was to get approvals for the bike path along Ten Mile prior to getting any signature on his final plat. It is pretty apparent with some of the dealings that we have had that wouldn't probably happen soon. So this is the wording that their attorney came up with. The comments there are Wayne Crookston's. I don't know that you can come up with a decision tonight but there seems to'be a little problemwith the`wording as far as C, City of Meridian shall be solely responsible to obtain written approvals from the Bureau of Reclamation or Nampa Meridian Irrigation District to permit the construction. I think that since they have agreed to construct it they have to have some responsibility to those permits: But I think the intent there was that if a bike path were to be allowed it would have' to comefroma request for the City. Then item F puts the City, puts a liability on the City and I don't know maybe it is okay with what Wayne has put there.' And maybe this would all be.a,moot point because we would have to have"a license agreement before anything happened in there. But these were changes that were proposed by 1.the applicant after your approval and so, I just wanted to get your input and see if you have any problem with them or any suggestions. If we could go ahead and get this wrapped 'up so he could get his plat signed. Morrow. From my perspective I am in favor of that but I am not in favor of accepting any liability on the City's part. I think that I would leave negotiations,here to you and Wayne and the thing that I am adamantly opposed to is accepting any liability on a bike path or any of that. That .is not in the taxpayers best interest. - w Stiles: Okay, Rountree: Does that answer the question on C? Stiles: It doesn't really answer that question, l think it could, be reworded so that it is clear that they have the responsibility to get the p1w s approved. Rountree: That would be the developer's responsibility. Stiles: Yes Rountree: That would be my preference: Morrow. I don't think it is our responsibility, it is their subdivision it is their bike path. Rountree: It is as a condition of approval for their development that should be all Nampa Meridian or Bureau of Reclamation need. It is a condition of approval of their, action. Meridian City Council July 10, 1996 Page- 82 Stiles: It would be great if that was -all they needed. Rountree: Well for them to take action_ with .those folks to ;try and get some kind of an .agreement. Stiles:' Whatthey are also proposing is that none of the bike path would be constructed until the property on the other side of Ten Mile Creek is developed which is also owned right now by :Van Hees but that ;doesn't mean he couldn't sell it. This development agreement wouldn't have anything to, do, with that adjacent; property if hedid that. Well it x � doesn't anyway. Morrow. Say that to me again now? The property on the north side of Ten Mile "Stiles: They don't, the first paragraph -says they agree to construct the bike path when the land adjacent to the north boundary is developed. Is that in the first? (Inaudible) pedestrian bridge shall be 6 feet in width with steel girders and steel handrails to be constructed when the Kelly property on the north side of Ten Mile Creek is developed. Rountree: So that is just the bridge. Stiles: The pedestrian bridge portion of it. Rountree: I guess that has some sense to it if it never develops there is no need for Pedestrian bridge. Morrow. Well from -a construction standpoint maybe you tear up partof your bridge as you are trying to fashion your subdivision work. Stiles: I just wanted to run it past you. Morrow. Any other questions? a, Tolsma: I don't think we are going to get into taking over the operation and maintenance ,of the bike;path either because that is -the same problem out here (inaudible). Stiles: I don't think that individuals, developers are going to be able to get those approvals for bike paths. Totsma: (Inaudible),.I don°t� think we want to have our parks -department out ,there wandering up and down doing weeds or (inaudible) out there unless it is one continuous path (inaudible) for a pathway that is:,a 114 mile long (inaudible)..:. Meridian City Council July 10, 1996 Page 83 Morrow: Shari, I think Ron's point is well taken (inaudible)- by the same token the homeowners ought to be the ones maintaining not the City Parks Department because this clearly benefits only the homeowners. If you have a continuous path and maybe under that circumstance there is some sense to have the City oversee the maintenance of it or something. That is not the case here... Stiles: Item E would have to be stricken too because it says developer and Whitestone Homeowners Association shall have no further duty to improve or maintain the bike path (inaudible) in the strip. Morrow. I think that -is probably true, it should be stricken. Corrie: See, shall have further duty (inaudible) (Discussion Inaudible) Stiles: I :will take that back to them and see if we can straighten that out then. Morrow: You and Wayne can handle it. Stiles: Thank you (inaudible) Corrie: Chief? Wayne? Crookston: Nothing Corrie: Walt? Morrow. What happened to Item 15? Corrie: That is where we are coming to now Morrow: That is really the only thing that I have is discussion of the ordinance. 1 -had a question in our box was a deal concerning the tax deductions of Sonya Day. Can you bring us up to speed on where we are at with that? Corrie: We went'through the whole process to find out where we were and where she was and what she had done and what we had done. It boiled down to the fact that she had made some changes asking the additional $75 be taken out of Federal tax and made a change in her W2's and when we made the process over to the computers -they pulled that one and they did not do the rate at they didn't do.the rate,married with the single rate at _ --f . m.......0" JUN 03 '96 03:01PM VRN HEES BUILDERS, INC. r - June 3, 1996 j Shari S. Stiles Planning and Zoning Administrator City of Meridian Meridian, ID 83642, Dear Shari: As per our discussion with you on May 24, 1996, we have drafted an agreement to construct a bike path adjacent to -the Ten Mile'Drain and Whitestone Estates Subdivision. ' The bike path will be built according to the plans prepared by Tom g' South, copy attached. Construction of improvements: are well under way in Whitestone Estates. it is important that we have the Development Agreement signed as soon as possible: We still need a list of values for Letters of Credit. If you could assist us in obtaining those numbers, we.can proceed with preparing the Letters of Credit. 1 Thank you for your help. ~ Sinc l Alan es itestone, evelopment Company, L.L.C. Enclosure 4 y . F JUN 03 '96 15:04 1 208 344 9455 PAGE.01 JUN 03 -96 03:04PM VRN HESS BUILDERS, INC. 3. Agree to construct, at its sole cost a bike path on a strip of land belonging to the Bureau of Reclamation and/or Nampa Meridian Irrigation District (hereinafter "Owner") (containing Ten Mile Creek) which land (herinafter "the Strip") is adjacent to North Boundry of Phase I of the Development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10 feet in width, and shall be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6 feet in width with steel girders and steel hand rails, to be constructed when the Keeley property on the North side of Ten Mile Creek is developed; c. The City of Meridian shall be solely responsible to obtain written approvals from the Bureau of Reclamation and/or Nampa Meridian Irrigation District to permit the construction; d. Construction of the path will be commenced within 90 days from the notification by the City that approval has been obtained by the City from the Owner and all construction shall thereafter be completed in 180 days; x e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain the bike path, bridge, or adjacent areas in the Strip; f. Developer and Whitestone Homeowners' Association shall have no liability for any claim of injury or death or resulting damages arising from any accident or incident occurring in or on the Strip. That liability shall remain with the Owner and/or the City of Meridian and Developer and Whitestone Estates shall be indemnified and held harmless from any such claim. JUN 03 '96 15:07 1 208,344 9455 --- ,PAGE.01 P.1 aUll Ul • !- 4 -OU v 1-IVULVI UVFFGA CJYUIRJ,OV14U0 001 `1010+ir 1/ 'l PACIFIC LAND SURVEYORS O 290 NORTH MAPLE GROVE ROA® BOISE, IDAHO 83704 W C!M PACIFIC LAND SURVEYORS TO: COMPANY: gg FAX NO.: t�l.Q DATE: a PAGE 1 OF TIME SENT SUBJECT: TELEPHONE (208) 378-6380 FAX (208) 378-0025 Picitic Llnd'Surveyors. u division of POWER Engineers. Inc.. an Idaho Corporacion JUL 02 '96 13=39 208 378 0025 PAGE.01,, Jull `1]L I- G-iJU r 1 •'11L LIJ L VRL& GVuaa OVLJL7 LUO 001 401.0,* L/ % This AVON is mads and entered into this day of �+ otwasn.Bolsa City, harainaftarrsfarrad to s■ 19 �+ by end b :. and GardenyCity, hersihaitor referscd to as "Gateau°• �} , ur' sa,o! thix at Ag asmo`at between Boisi and„Garden to", It isthe p po parties for maistensnt;e service forth -the ri&bte and obligations of the ., for the Millstream sewer lift stotian iA the Ruby Subdivision, p tel lb pears ago to,, ±REAS. `at lift station Vaa is+sesshad apptoxi>aa . Y ■erve-'tba Ruby Subdivision.- a county sabdiviaion, ane} the Millstream subdivisioe,{a"garden City iubdivisiottr cad yi}ig.»pS, Garden City has ~artna�ied the BnbY 6ubdiviaicm so' that thi Aitt station is now .arvint only Garden setmrs$ and WHERE!►S� Boise has operated<asLd maintained the lift station for the poet � 14 yearst and 1dHEMB,FGarden desires to have Boise continua to maintain the lift F station subjset to than term of this agreement;• and WIi8RUS, Boise has ,&&read to continuo maintenance'of the lift station subject to Gardon paying the costs associated thetswith. TH13iF.FOW in tonsldsr&tion,Aof tbu atoretaontloned it. is hereby agreed that: - t 1 Boise responsibility: _ _V, $otse,shall- provide preventive Mijute�+ce, to the `lift station 'se' follot+at -Central; Maintenance-tviee weakly ehacksw vat Mall -Line Maintsnaneo-quartely Cloanin& of 't�� vested by tsutual -Tt,is,praventive a+aintana►nca achcdula may ad S • srti0s�i! th�.laysl 6f maisstenattca e&n ba reduced by agraamaACrot. tGa p _ ,. ,. improved tnl8W1 tzY. • ,.- c ` ::• • . Seise, shall provide corrective maintenance as failoassshall • A3 St -Boise.Central hsintonanco�tGatcdan shall u e the ption torus& I: discovered during =outing cheeks. cleat to have th1L its ot�m,,resout;ces to- aosrect the problem or �sy it�acs, o! Soiae...$oiao "coy' provide Such requested °asilSezitce if sista personneld resources are available. If Boise assistance is provided. a' Garden shall pay for the time and material involved in corrauting the problem. .. t .,.� '• r..+s-�.+:I•' 'ltF t i. '4�r_ .sA�j:.'�''". t rfsi:;; JUL 02 196 13:40 208 378 0025 PAGE.02 JUL 02 '96 13:41 208 378 0025 PAGE.03 JUL 02 '96 13:42 208 378 0025 PAGE.04 Garden shall pay for slam and system monitoring according to the tima and materials provided pursuant to Boise rates in affect at the time the time and materials are provided. Gordan shall pay for all after boors malstenance at Boise rates in effect at the time service in p"vidad. 3�. HALNrE=CZ AQpj2XW. page 2 JUL 02 '96 13:41 208 378 0025 PAGEA3 A .74.4 01 a VITLA% U ILMW L3V I %Rm— 4UU 00( loiol* 0/ 4 -Were immediate gation is required to correet, a problem at the lift Balsa MY correct the PrOblm without. notification frM Carden and Carden shall. OILY for 04 time and MIU641 involved in C"T'ecting the problem. Gavd*n &ball have tba option of utilizing the UiSting lift station alarm system. It Carden elects to utilize the existing alarm K73t9M* Boise Aball Pay for and maintain tUs tolepbons, line subject to the payment by Carden to We& for 22 intaxancep materials and costa of operating the tolophanw-lines. It is anticipated that -the lift station'sWosar. to this asroment shall be abandoned by W&GO City vUhin two years of the date Of this sgrugment. if the lift station is not Abandoned within two years, Carden City shall havoi, the option Of PSYLUS the full cost Of ccftvGrti 9 the lift station to the then axisting Doing City &I&= 578tem or to operate the alarm system aft its Min. It Boise ajty converts its alarm system within two 79ara of tha date of this agreement, Carden City W.Lst. on the date of such conversion, Mrcisw its Option Of Gith" Ming for conversion of the lift station to the Bois& slam system Or OPTAts the system on Its MMS 10126 shall respond to lift station SlZMS ifi accordance wltb currant Boise operational policy. Boise shall provide monthly statements to garden of all costs associated with the operation and saintSUARM Of the lift Nta"Oft- 2. Carden tasponsibilLtyl Garden shall pay all Utility costs of opmating, the lift station including pover and talsPhOnl- laquirtd, service an lines and alarm equipatent shall be p#Ld by Garden At UIRS and material rates On a 09&8 by case basis. Toleynone rate Imessan shall be pro -rated to 4e, and of the fiscal year and Carden shall pay that amount. Carden shall pay for pravenUtiva malatansma at the following rates, as longastha present prev"tivs maintenance schedule* as not forth In paragraph 1, to in place. Central meintenaftlaa, $1822,00/yew 0 $152.001manth Line Sailltanencal $540.001year I $135.001quartarly cleaning Carden shall joy for carvaitive, saintsUMS, accOEMI to the tim and m8taf1&1'3 provided pursuant to Boise rates in effect at the time the time -Rhe time and materials are, provided, Garden shall pay for slam and system monitoring according to the tima and materials provided pursuant to Boise rates in affect at the time the time and materials are provided. Gordan shall pay for all after boors malstenance at Boise rates in effect at the time service in p"vidad. 3�. HALNrE=CZ AQpj2XW. page 2 JUL 02 '96 13:41 208 378 0025 PAGEA3 J\.d.., u. G J%J 1 •ZVL M t V►►LJ\ LJVUAJ W1JC.— 4Uv vV ( `tvluyhh `V da .de: this shall ba 'Paid to Boise' All payments due'" owing ur of October far eac:t, on or before the 1st Y o All char S e9 assessed pu�r9uaat to this aerasm'" are 1 8 ociated renegotiation between the Parties- FuYthosmo�. .; With this agreesusnt +�Y be renegotiated. by parconsent 9 signifieantlY parties, at any. time costs or other op parties, The party, seeking renegotiation of cnazgvs shall serve thirty - (30) days Written notice of oticecthe itemss andta upon chsrB sthe other requiring arty and shall identify in such notice f renegotiation• r d crave and held hasaless Ba ise from and for KnY Garden shall indemnify,an d old for damages, oz injury to and all loses, claims) actions, ju 8 persons or property and losses and exDensea mLBeri or srisiag from the ation and maintenance of the lift stntiea and.notl esesd• by or opsi attains from the tortious condycti a of Boi4o or its y 3, This agreement is a CoMplets and separate sBreem°nt SMM that ar Service agreement by and betvssn Boise Arid Darden titled "Sanitary AgYeaAent" dated Jun° and shall b ve no affect on the rights of the p,vties iNarantsad undo; thashall not be assignad. eithas vcluntarily or 4. This agrewitbo arties. } involurtsrily. offbeat the Britten consent of bath p be terminatsd.by either party upon IO days ,�• This agtsyWpent may yGardim shell pay to Boise all costs Written notice to thethehd. ofteLmination. incurxed by ei F� *0 parties hereto by their co=porata mauticipal IN wrrms fl =ae�atnt as of the dates mentioned. Officers have executed this ag CITY OF WISE DIB' A. Y•EMPTEiORKE. MAYOR ATLBST: . T'T8 M00 CXTY 07 Ovum CM RCVaP T_S. }UYOIiI ATTEST: DAVE .09 L�►IiY. C mAnnM cYE A&Amm 4T 1;' Pag° 3 ; r '•+" .:i:.l�.'} ,:f.✓.-.,y,..I,'ri„.;:< r w-.-,y�,i:�'%gr�%�« .x. _ .tint' 0ti�i/'`•►iZ';�~yL.'.N��'G�Jdfi'lr . . �. .i:F.%~.•'•f�' �;%,., •L•^�: A. '/!.�'l f7L T � � f L�'P•lt`•S'i.:►'4 JUL 02 '96 13=42 208 318 0025 PAGE.04 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1996, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the fust part, hereinafter called the "CITY", and Whitestone Development Company, L.L.C., ,party of the second part, hereinafter called the "DEVELOPER", whose' address is 410 South Orchard Street, Suite 124, Boise, Idaho 83705 WITNESSETH; WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which -is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho_ ode, 67-6511A, Development Agreements, which provides that:cities may enter into development agreements with developers' upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned,: 11-2-'416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R_-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what .improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: I . That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER; in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least one thousand four hundred (lam) square feet of floor space, exclusive of garages. 3. That the property is zonedµR-4, described in "Exhibit A", and shall have lot sizes of at least eigbt-di usand (8,,00) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and allow no duplex units, townhouses, or patio homes to be constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the Rev. 8/06/96 ,.WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers; storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall' also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such- improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the ' City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City. Engineer with at least fifteen (15) days. advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. a 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with, said Plans or a duplicate mylar, copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer. lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 10. ` That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection. and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of - the CITY, the DEVELOPER will thereupon, -within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the,. CITY thereafter determines to construct, and does construct such improvement,, or improvements, the DEVELOPER will pay to the CITY the `cost of such construction, in such manner and under such , terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regblar or special meeting of the City Council and unless the ,DEVELOPER has been notified in writing'of the time and place of such meeting at least three (3) days prior. thereto and has been given an opportunity to be present in person or by counsel, and to be heard oil the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their xhaving -received written notification from the City. Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of ariy Certificates of Occunancv within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such anriexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall,,have the right to be heard as to why 'such Certificate of Occupancy should be issued or water service allowed. The Council shall' then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in -the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, 'install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in'the manner provided° by law, or may pursue Any. other remedy set forth herein or as may be available in law or equity. In the i r Rev. .8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT,. Page 4 event of such declaration, all sums due shall, bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to` the percentage of .improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written°agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised- and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15.. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY. has expressly agreed to enter into a late comers •. agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires .construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 excess capacity and/or improvements concurrently .with then facilities to be constructed :for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a'later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into' a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of'such bids to. o. the CITY prior._to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion' ,of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective ofwhether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certifotes of'Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have-not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof, and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required' by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Whitestone Development Company; LLC City of Meridian Larry Van Hees, Managing Partner 33 East Idaho 410 S. Orchard,_S ite 124 Meridian, ID 83642 Boise, ID 83705 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by'the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if 'the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: Whitestone Develonoment Comnanv_ LLC 1z By: Name: terry Van Hees Title: Managing Partner CITY OF MERIDIAN By Robert D. Corrie, Mayor By William G. Berg, Jr., City Clerk Rev. 8106/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT .Page 7 STATE OF IDAHO ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in4 and for said, State, personally appeared Lar Van_ Hees, known, or proved to me, to be the Managing Partner of said partnership that executed this instrument and the person who executed the said instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me; the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND WHITESTONE DEVELOPMENT COMPANY, LLC This subdivision is for 35 lots with an overall density of 3.40 dwelling units per acre. The DEVELOPER shall: 1. Construct a non-combustible fence along Ten Mile Creek outside existing Nampa -Meridian Irrigation District/U.S. Bureau of Reclamation easement/right-of-way, prior to obtaining building permits. 2. Submit detailed landscape plan of 20' wide berm along Linder Road for approval prior to construction and provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; no -fencing shall encroach on this 20' planting strip, located beyond required right-of-way of 45' from centerline. 3. Agree to construct, at its sole cost, a bike path on a strip of land containing Ten Mile Creek, which land (hereinafter "the Strip") is adjacent to the northern boundary of Pliasb I of the development and to construct a new pedestrian bridge across Ten Mile Creek at the location 'of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10' in width, and shall be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6' in width with steel girders and steel handrails; to be constructed when the property on the north side of Ten Mile Creek is developed; C. The City of Meridian shall work with the Developer to obtain written approvals from the Bureau of Reclamation and/or Nampa -Meridian Irrigation District to permit the construction; d. Construction of the path will be commenced Within 90 days from approval by the Bureau of Reclamation and/or Nampa -Meridian Irrigation District. All construction shall thereafter be completed in 180 days; e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain the` bike path, bridge, or- adjacent areas in the Strip upon acceptance of the completed pathway by the City; and EXHIBIT "B" Rev. 8/06/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page I of 2 f. Developer and Whitestone Homeowners' -Association shall have no liability for any claim of injury or death or resulting damages arising, from any accident or incident "occurring in or on the Strip, except for any claims that arise as a result of D'eveloper's or Whitestone Homeowners Association's actions or inactions. 4. Provide permanent perimeter fencing prior to obtaining building permits, except where the City has agreed in. writing that such fencing is not necessary. 5. Tile all ditches, canals and waterways, including those that are property, boundaries or only partially located on the property, unless downstream water users `and the irrigation district determine they can be -abandoned or a variance is granted by the City; Ten Mile Creek is excluded from this requirement. 6. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water. and sewer line extensions through the property.. 7. Construct curbs, gutters, sidewalks and streets to and within the property. 8. Pay any development, impact or transfer fee adopted by the'CITY. 9'.- Meet the requirements and conditions of the Findings .,of Fact and Conclusions of Law and meet the Ordinances of the CITY. 10. ' Construct, and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. 1 11. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 12. Construct sewage lift station to City standards and enterinto a maintenance agreement with the City of Meridian, under terms and conditions to be approved by the Public Works Department, prior to obtaining building permits; prepare and submit proposed agreement for review by the Meridian Public Works Director prior to signature on the final plat. 13. Petition the City Council for amendment to this development agreement at such time as future phases of Whitestone,Subdivision are proposed to incorporate specific requirements. EXHIBIT "B" WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Rev. 8/06/96 Page 2 of 2 ZX V -'.roe.=' `._ •� rt� � }"�, :'' S SUGGESTED LANGUAGE FOR ITEM 3, EXHIBIT' "B" TO THE DEVELOPMENT AGREEMENT - BY AND BETWEEN THE CITY_OF MERIDIAN, IDAHO - 4 t :AND WHIT -ES- MOMENT COMANY. 3 Agree to `construct, at its sole cost, a bike path. on a strip of land W !11')19 ,Y., -1J �.y1 to the North B'oun of Phase I of the Development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mde Creek, 10 feet in width, and shall be paved with 2" asphalt over a 6" gravel underlaycnent, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6 feet -in, width with steel girders and steel hand rails, to be constructed when the Y property on the North side of Ten` Mile Creek is developed; .."r . c. The City of Meridian shalll�e-eeleLlcz to obtain written approvals from the Bureau of Reclamation and/or Nampa Meridian Irrigation District to permit the construction, _ _-� d. Construction of the path Mlle �ysro t4- tapproval and all construction shall thereafter be completed in 180 days; - 4. e Developer and Whitestone Homeowners' Association'ibilthave no further duty to imp rove or maintain the bike path, b 'c�jgge, or ad -anent areas in the Strip• f. t��Da QLt+-cc 07/� .Oew� 47 f. Developer and Whitestone Homeowners' Association shall have no liabilit for an claim of in'u or d th 1 " da fro J y 1 ry ea or resu ting mages ansu� m any accident or. incident occurring in or on the Strip. 'That 04W At cmg;n �� F `61 0�' i i ie an . ��J � i o�� � !r' ��,i►� ` rlol►�t6hr�'" �hsaG�- �itlns or � �c�.s , JUN 18 '96 15:28 1 208 344 9455 PAGE. 04 MASTER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR j m WHITESTONE ESTATES SUBDIVISION THIS DECLARATION is made on the last date hereinbelow set forth, by WHITESTONE PARTNERSHIP, an Idaho Co -Partnership composed of Larry Van Hees and Carolyn Van Hees, husband and wife and Carol Snyder, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "property", more particularly described as follows: To be determined. WHEREAS, Declarant desires to place covenants, conditions, and restrictions 'on the property to protect value, attractiveness, compatibility, and conformity of the use of. the various lots and.. common areas; and WHEREAS, additional adjacent land owned or to be acquired by Declarant will be platted and developed by Declarant which shall. upon, election by Declarant become subject to the terms of this __-___.__.._...._Master__Declaration, by annexation as set forth herein. NOW, THEREFORE, Declarant hereby declares that all of said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter set forth. Said easements, covenants, restrictions, conditions, and reservations shall constitute covenants to run with the land and shall. be binding upon all persons claiming under them, and shall inure to the benefit of. and be limitations upon all future owners of said property or any interest therein. ARTICLE ONE Definitions 1.1 "Association" shall mean and refer to Whitestone Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Declarant" shall mean and refer to Whitestone Partnership, an Idaho Co -Partnership, its successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of develop- ment. evelopment. 1.3 "Lot" shall mean and refer to any plot of land shown, upon any recorded subdivision plat map of the property with the exception of the common area. 1.4 "Member" shall mean and refer to every person or entity who holds membership in the Association. 1.5 "Mortgage" shall mean and refer to any mortgage. or deed of trust, and "mortgagee" shall mean and refer to the mortgagee under a mortgage or the beneficiary under a deed of trust, and "mortgagor" shall mean and refer to the mortgagor of a mortgage or the grantor of a deed of trust. 1.6 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.7 "Plat" shall mean the recorded plat of Whitestone Estates Subdivision. 1.8 "Setback" shall mean and refer to the minimum distance between the location of a residence on a lot and a given street or road or lot line as provided by the plat of Whitestone Estates Subdivision or by law. 1.9 "Common area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The common area to be owned by the Association at the time of the conveyance of the first lot is described as follows: 1.10 "Committee" shall mean the Architectural Committee described in Article Seven hereof. 1.11 "Properties" or "property" shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be annexed and brought. within the jurisdiction of the Association, as more par- ticularly set forth herein. ARTICLE TWO General Restrictions 2.1 Land Use. No lot shall be used except. for residential purposes, nor shall any lot or any part of the common area be used for the conduct of any trade or business or professional activity. However, a residence may be held for rent and the rental of a residence shall not be deemed to violate this article. 2.2 Residence Construction. Each lot shall be used to construct a single family residence dwelling which shall be a minimum of 1400 square feet in size, exclusive of garage and/or approved out buildings. Each residence shall be built according to plans and specifications first approved by the City of. Meridian and by the Committee according to the process outlined in Article 2.3 Setbacks and Utility Corridors. Each dwelling shall be constructed within the minimum setback regulations as established by there City of Meridian and/or those that are y D I RA fir, '� described on the plat for utility access. An owner shall not place any permanent obstruction in the utility corridor identified on the plat. 2.4 Landscaping. Within 90 days after the completion of each residence, each owner shall cause his respective yard area to be landscaped with rolled (sod) lawn together with such other trees and/or shrubbery as is required by the City of Meridian and/or the Committee. All landscaping shall be watered by an underground irrigation sprinkler system. 2.5 Irrigation Sprinkling System. Each lot sprinkling system shall be connected to a pressurized irrigation system to be maintained and controlled by the Association in conjunction with the Nampa -Meridian irrigation district. 2.6 Fences. All fences shall meet the requirements of the City of Meridian. 2.7 Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the owners of other lots. 2.8 Signs. No sign of any kind shall be displayed on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a -------- builder or the Declarant to advertise the property during the construction and sales period. The names of resident owners may be displayed on a residence. 2.9 Garbage and Refuse Disposal. No lot shall be' used or main- tained as a dumping ground for rubbish. Trash, garbage, or other"waste shall not be kept except in sanitary containers. All equipment for the storage or disposal. of such material shallbe kept in a clean and sanitary condition. 2.10 Drinking Water Supply. All. drinking water systems shall be approved by the City of Meridian for consumptive or irrigation purposes shall be permitted on any lot. 2.11 Declarant's Ricrht. Declarant reserves the right to construct- residences onstructresidences and other improvements upon any lot and to offer the same with completed structures thereon for sale to individual owners. 2.12 Permitted Use of Vehicles. An owner shall not park any business or commercial vehicle greater in size than three- quarters (3/4) of a ton unless the same is fully garaged. An owner shall not park on any lot or adjacent street a vehicle. which is not operable or which is non -working or unsightly. An owner shall not park a vehicle with a "for sale" sign on any lot or adjacent street. 2.13 Motor Homes and Recreational Vehicles and Ecruipment. An owner shall not park boats, snowmobiles, trailers, motorcycles, motor homes, "RV's", trucks with campers, or other like kind equipment on a lot or adjacent street unless the same is fully garaged. 2.14 Hazardous Activities. No activity shall be conducted on or in any unit, lot, or common area.which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearm shall be discharged upon said property, and no open fire shall be lighted or permitted on any property except in a self-contained barbecue unit while attended and in use for cooking purposes, or within a safe and well-designed interior fireplace. 2.15 Lights and Sound, Generally. No light shall be emitted from any lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot which is unreasonably loud or. annoying. 2.16 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules, and regulations. All dogs, cats, or, household pets shall be properly fed and cared for. Dogs shall not be allowed to run at. large, and no dog, cat, or other household pet may be kept which unreasonably bothers or, constitutes a nuisance to other owners of lots. No dog runs or kennels shall be permitted--on--any--,lot.------,- 2.17 ermitted__on_any__lot.___—___ 2.17 Construction. During the course of actual construction of,any permanent improvements, the restrictions contained in this Declaration or any supplemental declaration shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction. The construction of each residence shall be prosecuted diligently and continuously from the time of commencement thereof until each residence is fully completed and painted. 2.18 Reconstruction. In any case where it is necessary to reconstruct a unit or any improvement on the property, said reconstruction shall be prosecuted diligently, continuously and without delay from time of commencement thereof until. such structure is fully completed and painted, unless prevented by cause beyond control and only for such time as such cause continues. 2.19 Maintenance and Repairs. In the event the improvements on any lot°shall. suffer damage or destruction from any cause, the owner thereof shall undertake the repair, restoration, or reconstruction thereof within sixty (60) days of such damage or destruction. 2.20 Architectural Control. No building shall be erected, placed, or allowed to remain on any lot until the construction plans. and specifications and a plan showing the location of the structure have been approved by the Committee as to the quality of workmanship and materials, harmony of external. design and color with existing structures, and location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless approved in writing by the Committee. No dwelling, fence, building, garage, or other structure shall be built, erected, placed, materially altered, or materially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications, and color scheme have been reviewed in advance by the Committee and the same have been approved in writing, conditionally or otherwise. The requirements as to design and color shall apply only to the exterior appearance of such improvements, it not being the intent of these restrictions to control interior repair or alteration with the exception that this Declaration prohibits the alteration of a garage or carport into living area. Plans of all structures to be erected on any lot or within the common area must be submitted. to and approved by the Committee. Complete plans and specifications of all proposed buildings, structures, fences, and privacy screens, together with a detailed plan showing proposed location on a particular lot, shall be submitted to the Committee and written approval therefor shall be given by the Committee before any construction or alteration is commenced. As to all improvements, construction, and alteration upon any lot or the common area, the Committee shall have the right to refuse to approve any design, plan, or color, for such improvements, construction, or alterations which in its opinion are not suitable or desirable for any reason, aesthetic or- otherwise. In so passing on such design, the Committee shall. have the privilege in the exercise of. its discretion to take into consideration the suitability of'the proposed building or of the structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design will be in harmony with the surroundings, the effect of the building or the structure or alteration therein as planned when viewed from adjacent or neighboring property, and any and all other facts which in the Committee's opinion shall affect the desirability of such proposed structure, improvement, or alteration. Actual construction shall comply substantially with the plans and specifications approved. If the Committee does not act on a proposal requiring its approval within thirty (30) days following submission thereof, the proposal shall be deemed approved. 2.21 Sewage Disposal. No individual sewage disposal system shall be permitted on any lot. Each lot shall be subject to the following conditions and covenants relating to sewer improvements. A A. The unit must be connected public sewer system. treatment plant connection fees must be of connection according to the ordinances and laws o City and`its Public'w6rks Department. A monthly sewer charge must be;paid to the City public, sewer system according to the ordinances and claws of City. either the D, `Each owner shall' mPublic Wo inspection s t Department or the t:yCity Building Department whenever tem subdivided lot is to be connected and� within the sewerage the owner's constructed and installed- property. o :L of the plat by the developer 'shall 'be E. The recording est,,for the annexation of deemed and construed as a:requ ro er`t to the h- *(subdivision) p p Y the ` City,'`and 'such corporate city limits of on all subsequent requests and consents shall be binding arty. purchasers or" owners of subdivision prop -more lots within the F. Declarant and the owners of one shall and do hereby vest L (subdi-vvision)) ower to bring all in •' City the. right and P as described actions against the owner of the property herein, or"any part thereof, for,the collection of any .charges herein required and to enforce the ,conditions herein stated. `This.covenant shall run with,the`land. e. of Covenants.- These covenants shall run with the land 2.22 Lif on all persons owning under them for a and shall'be binding years from the date of the recording period of hereof, after which time such covenants shall be ears, tunless yearn, extended for successive e agreement oferiods othe owners of sooner terminated by g art and after all lots therein per cent of the •prop Y have been sold' by Declarant. A p -• ` arson or 2.23 Covenant Enforcement. Enforcement. against any p covenant persons violating or attempting to violate any herein, after ten (10) days written notice thereof has been served„on the offending party, shall be had either at law or ent in equity by any owner within the subdivision. In the such arty.. •, a; judgment is entered against the °unctiong against further 1. violation, the Court may award injunction award such violation; require compliance with these•covenants-owner,.and court costs as may be`susta ned by the complainingw; just award such other or furthet*relief as,may be deemedgj equitable. The p rev ailing' party in any litigation shall be entitled to its reasonable attorney fees. 3 to the City B. All sewer and paid` at time f A. The unit must be connected to the City public sewer system. B. All sewer and treatment plant connection fees must be paid at time of connection according to the ordinances and laws of City and its Public Works Department. C. A monthly sewer charge must be paid to the City public sewer system according to the ordinances and laws of City. D. Each owner shall submit to inspection by either the City Public Works Department or. the City Building Department whenever a subdivided lot is to be connected to the sewerage system constructed and installed on and within the owner's property. E. The recording of the plat by the developer shall be deemed and construed as a request for the annexation of the (subdivision) property to the corporate city limits of City, and such requests and consents shall be binding on all subsequent purchasers or owners of subdivision property. F. Declarant and the owners of one or more lots within the (_subdivision)_ shall. and do hereby vest in City the right and power to bring all actions against the owner of the property as described herein, or any part thereof, for the. collection of any charges herein required and to enforce the conditions herein stated. This.covenant shall run with the land. 2.22 Life `of Covenants. These covenants shall run with the land and shall be binding on.all persons owning under them for a period of years from the date of. the recording hereof, after which time such covenants shall be automatically extended for successive periods of years, unless sooner terminated by agreement of the owners of per cent of the property and after all. lots therein have been sold by Declarant.. 2.23 Covenant Enforcement. Enforcement against any person or persons violating or attempting to violate any covenant herein, after ten (10) days written notice thereof has been served on the offending party, shall be had either at law or in equity by any owner within the subdivision. In the event a.judgment is entered against the offending party for such violation, the Court may award injunction against further violation, require compliance with these covenants, award such court costs as may be sustained by the complaining.owner, and award such other or further relief as may be deemed just and equitable. The prevailing party in any litigation shall be entitled to its reasonable attorney fees. ARTICLE THREE Common Area 3.1 Description. The common`area granted to the Association is described as 3.2 Use. Every,owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to every lot, subject to" the following provisions. A. The Association shall have the right to charge reasonable ,admission and other fees for the use of any recreational facility situated upon the common area. B., The Association shall have the right to suspend the voting rights and rights to use of the recreational facilities`by an owner for any period during which any assessment against said owne'r's lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of `the Association's published rules and regulations. C. The common area cannot be mortgaged or conveyed to anyone without the consent of. at least two-thirds (2/3) of the owners (excluding Declarant), nor can the common area be mortgaged without the approval of HUD/VA as long as there is any Class B member. -- ---------- --- D. If ingress or egress to any- owner's lot is provided through the common area by easements, any conveyance or encumbrance of the common area shall be subject to -such owner's ingress/egress easement. 3.3 Liability to Lot Owners. No individual owner shall have liability for damage to the, common area or liability for injury to another arising out of"someone''s use of the common area, merely by virtue of being a lot owner. 3.4 Delegation of Use. Any owner mays` in accordance with the by- laws of the Association, delegate his right of enjoyment of the common area and facilities to the members of his family, his tenants, or his contract purchasers who reside on the property. 3.5 Damages. Each owner shall be liable for any damage to the common area or other property owned or maintained by the Association which may be sustained by reason of the negligent or wilful misconduct of said owner or of his family members or guests, whether adults or minors. In the case of joint ownership of a lot, the liability of such joint owners shall be joint and several. The cost of correcting such damage shall be levied as a limited assessment against the owner and his lot and may be collected as provided herein for the collection of other assessments. Is= shall be members. The vote for such lot shall be exercised as its owners determine, but in no event shall more than one (1) vote be cast with respect to any lot. B. Class B: The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, Declarant. shall thereupon be entitled to four (4) votes for each lot of which Declarant is the owner. The Class B membership shall cease and be converted to Class A membership upon the occurrence of the earlier of the following events: 1. When seventy-five (75%) per cent of the lots are deeded to owners other than Declarant; or 2. (date) . 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the directors may elect or appoint, in accordance with the articles of incorporation and by-laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until. the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the by-laws. 5.5 Powers of the Association. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho, subject only to such limitations upon the exercise of such powers as are expressly set forth in the articles of incorporation, the by-laws, and this Declaration. The Association shall. have the power to do any and all lawful things which may be authorized, required, or permitted to be done by it under this Declaration, the articles of incorporation, and the by-laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the proper management and operation of the common area and the performance of the other responsibilities herein assigned, including without limitation: A. Assessments: The power to levy assessments (annual, special, and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. B. Right of Enforcement: The power and authority from time to time, in its own name, on its own behalf, or on behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the articles of incorporation or by-laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof. 3_ DR A " . Ati . C. Delectation of Powers: The authority to delegate its power and duties to committees, officers, employees, or, to any person, firm, or corporation to act as Imanager. Neither the Association nor the members of the Board of Directors shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. D. Association Rules: The power to adopt, amend, and repeal by majority vote of the Board of Directors such rules and regulations as the Association deems reasonable (the "Association rules"). The Association rules shall govern the use of the common area by the owners, families of an owner, or any invitee, licensee, lessee, or contract purchaser of an owner; provided, however, the Association rules may not discriminate among owners and shall not be inconsistent with this Declaration, the articles of incorporation, or the by-laws. A copy of the Association rules, as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each owner. Upon such mailing or delivery to all owners and posting upon the common areas, said Association rules shall have the same force and effect. as if they were set forth in and were a part of this Declaration. In the event of any conflict between any Association rule and any other provision of this Declaration or the articles or by-laws, the provisions of the Association rules shall superseded _by- the provisions of this Declaration, the articles, or the by-laws to the extent of any such inconsistency. E. Emergency Powers: The Association or any person authorized by it may enter upon any lot in the event of any emergency involving illness or potential danger to life or property, or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the owner as is practicable, and any damage caused thereby shall be repaired by the Association and at its sole cost and expense. F. Licenses, Easements, and Rights -of -Way. The power to grant and convey to any third party such licenses, easements, and rights-of-way in, on, or under the common area as may be necessary or appropriate for the orderly maintenance and preservation of the health, safety, convenience, and welfare of the owners, or for the purpose of constructing, erecting, operating, or maintaining: 1. Underground lines, cables, wires, conduits, and other devices for the transmission' of electricity for lighting, heating, power, telephone, and other purposes; AVV3 z t 2. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating, and gas lines or pipes; and 3. --Any similar public or,quasi-public improvements or facilities. The right to grant such licenses, easements, and rights- of-way are hereby expressly reserved to the Association. 5.6 Duties of the cAssociation. In additions to the powers delegated to it by -the articles of incorporation, and without limiting the generality thereof, the Assoc.iation or, its agent, if any, shall have the obligation 'to conduct all business affairs of common interest to all owners, and to perform each of the following duties: A. Operation and- Maintenance of '-Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance,_ and management of the., common area, including the repair and replacement of property damaged or destroyed by casualty loss, and all other property acquired by the Association. 1. Maintenance and cost of operation°and replacement of all street lamps, street lights, and -decorative lighting is., the sole responsibility of the Association and may not be terminated,without the consent of, City. 2. Maintenance of the boundary fence around- the perimeter- of the property (including,. repair or replacement of damaged sections and maintaining paint in good repair) is the responsibility of the Association. 1 - jf B. Taxes and Assessments. Pay all real --and personal property taxes and assessments separately levied against the common area owned and..managed by the Association or against the Association and/or any property owned�by the Association. 'Such taxes and assessments may be contested or compromised by the Association, provided, however, that such taxes -and assessments be paid or a bond insuring payment be posted prior. to the -sale or disposition -of' any property to satisfy - the -payment of such taxes or assessments. In addition, the Association shall, pay all other taxes, whether federal, state, .or local - Ancluding income or corporate taxes levied against the Association in the event,, that,,the Association is denied the status of a tax-exempt corporation. C. Water and Other Utilities. Acquire, provide, and/or- pay for water, sewer, garbage disposal, refuse and rubbish, collection,. electrical, telephone, and gas and other necessary services for the common area and other property owned or managed by it. D. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect the following policies of insurance: 1. Comprehensive public liability insurance insuring the Board of Directors, the Association, the Declarant, the individual owners, and the agents and employees of each of the foregoing, against any liability incident to the ownership and/or use of the common area or other property owned or managed by the Association. Limits of liability of such coverage shall be not less than Five Hundred Thousand ($500,000.00) Dollars per person and Five Hundred Thousand ($500,000.00) Dollars per occurrence with respect to personal injury or death, and property damage. 2. Such other insurance, including Worker's Compensa- tion insurance, to the extent necessary to comply with all applicable laws, directors and officers liability insurance, and such indemnity, faithful performance, fidelity, and other bonds as the Board of Directors shall deem necessary or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any -----. ------ ----Association funds or other property. Obtaining insurance under this subparagraph 2 shall be discretionary and not mandatory. Directors shall fully consider premium cost before recommending coverage. 3. The Association shall be deemed to be the trustee of the interest of all members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive the members' interests in such proceeds and to deal therewith., 4. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 5. Notwithstanding any other' provision herein, the Association shall continuously maintain in effect such casualty, flood, and liability insurance and such fidelity bonds as shall be required to meet the insurance and fidelity bond requirements established by the U.S., Department of Housing and Urban Development for Planned Unit Development projects. E. Rule Making. Make, establish, promulgate, amend, and repeal the Association rules. F. Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. G. Drainage Systems. Operate, maintain, repair, and replace the sprinkler and drainage systems in the common area. H. Right -of -Way Maintenance. Maintain, repair, and replace all mechanical systems installed in the rights-of-way in the common area as well as the boundary fence. I. Irrigation Maintenance. Maintain, repair, and replace all irrigation lines or channels located in or serving the common area, and pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. J. Entry Maintenance. Maintain and repair the street entryway. 5.7 Personal Liability. No member of the Board of Directors or any committee of the Association, nor any officer of the Association, nor the manager if any, nor the Declarant, shall be personally liable to any owner or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the. Board_ of___Directors,__the manager if any, or any other representative or employee of the Association, the Committee, or any other committee, or any officer of the Association, or the Declarant,• provided such person has, upon the basis of such information as may be possessed by him, acted in good intentional misconduct. faith without wilful or ARTICLE SIX Covenant for Maintenance Assessments 6.1 Creation of Lien and Personal Obligation for Assessments. The Declarant, for each lot owned within the property, hereby covenants, and each owner of any lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Association: 6.2 A. Annual regular assessments or charges. B. Special assessments for capital improvements, such assessments to be established and collected as herein- after provided. C. Limited assessments as hereinafter provided. Assessments. The annual, special, and limited assessments, together with interest, costs, and reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to such owner's successors in title unless expressly assumed by them. A. Purpose of Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the property and for the improvement and maintenance of the common area, and to pay the annual assessments of the irrigation district and other obligations resulting from operation and maintenance of common area. B. Special Assessments for Capital Improvements. In addition to the annual regular 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, reconstruction, repair, or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the qualified voters, either in person or by proxy, at a meeting duly called for that purpose. C. Limited Assessments. Limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees, for corrective action necessitated by such owner including, without limitation, costs and expenses incurred for the repair and replacement of the common area or other property owned or maintained by the Association damaged by negligent or wilful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed by the Association which has not been performed by such owner as provided herein. 6.3 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall not exceed $ per lot. A. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year, but such annual increase shall not exceed per cent of the maximum assessment for the previous year unless approved by vote of the membership of the Association as provided below. B. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above per cent by a vote of per cent of the owners who are voting in person or by proxy at a meeting duly called for that purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 6.4 Notice and Ouorum for anv Action Authorized under Sections 5.2 and 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.2 and/or Section 5.3 of this Declaration shall be sent to all members not more than fifty (50) days nor less than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members, in person or by proxy, entitled to cast per cent of the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than fifty (50) days following the preceding meeting. 6.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly, quarterly, semi-annual, or annual basis, to be determined by the Board of Directors., However, while Class B membership exists, the Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses. 6.6 Date of. Commencement of Annual Assessments and Due Dates. The annual regular assessments provided for herein shall commence as to all lots on January 1, The Board of. Directors shall fix the amount of" the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. 6.7 Effect of Nonpayment of Assessments, and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed to be delinquent and shall bear interest from the due date at the rate of twelve (12%) per cent per annum. The Association may bring an action at law against the owner personally obligated to pay the delinquent assessment or may record and foreclose a lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his lot. 6.8 Subordination of Assessment Liens to Mortgages. The lien of ---- any unpaid assessment shall be subordinate to any first mortgage or,deed of trust against a lot. No mortgagee of a. mortgage or beneficiary of a deed of trust shall be required to collect any unpaid assessment. The failure of a lot owner to pay assessments shall not constitute a default under a mortgage or deed of trust insured by HUD/VA. ARTICLE SEVEN Architectural Committee 6.1 Members of the Architectural Committee. The Architectural Committee, sometimes referred to herein as the "Committee", shall consist of three (3) members. The following persons are hereby designated as the initial members of the Architectural Committee: Name Address Each of said persons shall hold office until such time as he has resigned or has been removed and his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 7.2 Right of Appointmgnt and Removal. As long as the Declarant is the owner of at least ten (10%) per cent of the lots, Declarant shall have the right at any time to appoint and remove all members of the Architectural Committee. There= after, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to appoint and remove all- members of the Committee. 7.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and shall perform.such other duties as from time to time shall be assigned to it by the Association's Board of Directors, including the inspection of construction in. progress to assure its conformance with plans approved by the Committee. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that: A. The construction, alterations, or additions contemplated thereby, and in' the location indicated, will not be detrimental to the appearance of the surrounding area of the property as a whole; and B. The appearance of any structure affected thereby will be in harmony with the surrounding structures; and C. The upkeep and maintenance thereof will not become a burden on the Association. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, the agreement of the owner submitting the same to grant appropriate easements to the Association for the maintenance thereof, or such owner's agreement to reimburse the Association for the cost of maintenance-, or all three, and may require submission of additional plans and specifications or other information prior to approving or disapproving the proposal. The Committee may also issue such rules or guidelines as it deems proper setting forth procedures for -the submission of plans and specifications for its review, including without limitation floor plans, site plans, draining plans, elevation drawings, and descriptions or samples of exterior material and colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the owner at the address set forth in the application for approval within thirty (30) days after :,submission to the Committee of all materials required. 74 Compensation of Committee Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in performance of their duties hereunder. 7.5 Non -Liability of Architectural Committee Members. Neither the Committee nor any member thereof,, nor the Committee's duly authorized representative, shall be liable to the Association ;1�'d�3fl or to any owner or grantee for any loss, damage, or injury arising out of or in anyway connected with the performance of the Committee's duties hereunder, unless due to the wilful misconduct or bad faith of the Committee, member, or representative. ARTICLE EIGHT Annexation of Additional Properties 8.1 Annexation. Declarant presently intends, or may hereafter intend, to annex and develop property adjacent to the property hereinabove described. The annexed property may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such annexed property may be brought within the provisions of this Declaration by Declarant, its successors or assigns, at any time and from time to time, without the approval of any owner, the Association, or the Association's Board of Directors. 8.2 Additional Properties. Subject to the provisions of Section 7.1 above, all -provisions contained in this Declaration shall apply to the annexed property in the same manner as if it were originally covered by this Declaration, subject to such modifications, changes, and deletions as may be specifically provided in any Supplemental Declaration as described in Section 7.3 below. All owners of lots located in the annexed property shall become members of the Association, and shall have all rights and duties of an Association member, from and after the recordation of the first deed conveying a lot within the annexed property from Declarant to an individual purchaser of a lot in the annexed property. 8.3 Procedure for Annexation. The annexation of additional property authorized under Section 7.1 above shall be made by filing of record a Supplemental Declaration, or other similar instrument, particularly describing the property being annexed, which instrument shall be executed by Declarant or the owner of the annexed property, and stating the intent that the general plan and scheme of this Declaration shall be extended to the additional property described, subject to such changes, modifications, deletions, and additions as are applicable to such additional property as set forth in the Supplemental Declaration. Such Supplemental Declaration may contain such additions, modifications, or declarations of the covenants, conditions, restrictions, reservations of easements, and equitable servitude contained in this Declaration as may be deemed by the Declarant to be desirable to reflect the different character, if any, of the annexed property or as Declarant may deem appropriate in the development of the annexed property. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the property described in the Supplemental Declaration, and thereupon such annexed property shall become and constitute a part of the property as described hereinabove and shall become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, DRAFTT' restrictions, reservation of easements, and equitable servitude contained herein and as modified by such Supplemental Declaration for the annexed property, and further shall become subject to the functions, powers, and jurisdiction of the Association, and the owners of lots in the annexed property shall immediately become members of. the Association. 8.4 Approval for Annexation. In addition to the foregoing requirements, and as long as there is Class B membership in the Association, annexation must have HUD/VA approval before becoming effective. ARTICLE NINE General Provisions 9.1 Enforcement. The Association, as well as any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event "be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions by- judgment—or- court order shall in no wise affect any other provision hereof, and all other provisions of this Declaration shall remain in full force and effect. 9.3 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of years from the date this Declaration is filed of record. After completion of the initial term of - years, this Declaration shall be automatically extended for successive periods of years. ARTICLE TEN Amendments 10.1 Amendment. This Declaration may be amended only with the written approval of two-thirds (2/3) of the owners, excluding the vote of Declarant, at a meeting duly called for that purpose. 10.2 Veto. As long as there is Class B membership in the Association, HUD/VA shall have the right and power to veto any amendment to this Declaration. IN WITNESS WHEREOF, The undersigned Declarant has executed this Declaration of Covenants, Conditions, and Restrictions this day of , By Title: STATE OF IDAHO ) ss. County of Ada ) On this day of September, 1995, before me, the under- signed, a Notary Public in and for said State, personally appeared the of , an Idaho general partnership, to me to be the person who executed the within and foregoing instrument for and on behalf of said partnership, and acknowledged to me that said partnership executed- ---- -- the same. 4 IN WITNESS WHEREOF,.I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Commission expires Cl DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, Page CENTRAL L (W•• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-85M To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 96-350 May 31, 1996 .JUN 0 4 1996 CITY OF MERIDIAN -David Navarro Ada County Recorder 650 Main Street - Boise, ID 8.3702 y RE: Tnlhitestone.Estates Subdivision. Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water 'and central sewer facilities. Final approval was given on May 31, -1996. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, L Thomas E. Schmalz, E.H.S. Senior. Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin:O. Jones, Environmental Health Supervisor HUD t„;city' of Meridian' Whitestone Development Company Pacific Land Surveyors Serving valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE RMOIE COUNTY OFFICE 707 N. Armstrong Place , 520 E. 8th Street North Boise, ID 83704-0825 Mountain Home, ID Ph. 375-5211, 83647 Ph. 587-9225 VALLEY COUNTY OFFICE P.O. Boz 1448 McCall, ID 83638 Ph. 634-7194 ** TX CONFIRMATION REPORT ** AS OF JUN 04 196 10:39 PAGE.01 of CITY OF MERIDIAN DATE TIME TO/FROM MODE •MIN/SEC PGS CMD# STATUS 06 06/04 10:38 208-888-3969 G3 --S 01'18" 002 044 OK - 14rvJ444 /V/ Ahe 3. , Agree to construct, at its sole cost, a bike path on a strip of land belonging to the U. S. Bureau ofReclamation and/or Nampa Meridian Irrigation District (hereinafter "Owner"), containing Ten Mile Creek, which land (hereinafter "the Strip") is adjacent to the northern boundary of Phase I of the development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according .to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10' in width, and shall be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6' in width with steel girders and steel handrails, to be constructed when the Keeley property on the north side of Ten Mle Creek is developed; C. The City of Meridian shall be solely responsible to obtain written approvals from the Bureau of Reclamation and/or Nampa -Meridian Irrigation District to permit the construction; d. Construction of the path will be commenced within 90 days from the notification by the City that approval has been obtained by the. City from the Owner, and all . construction shall thereafter be completed in 180 days; EXHIBIT "B" Rev. 5/17/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 �- N&07 3. Agree to construct, at its sole cost, a bike path on a strip of land belonging to the U. S. Bureau of Reclamation and/or Nampa Meridian Irrigation District (hereinafter "Owner"), containing Ten Mile Creek, which land (hereinafter "the Strip") is adjacent to the northern boundary of Phase I of the development and to construct a new pedestrian bridge across Ten Mile Creek at the location of the existing bridge, all according to the following conditions and requirements: a. The bike path shall be in the right-of-way of Ten Mile Creek, 10' in width, and shall be paved with 2" asphalt over a 6" gravel underlayment, according to the attached plan prepared by Tom South; b. The pedestrian bridge shall be 6' in width with steel girders and steel handrails, to be constructed when the Keeley property on the north side of Ten Mile Creek is developed; C. The City of Meridian shall be solely responsible to obtain written approvals from the Bureau of Reclamation and/or Nampa -Meridian Irrigation District to permit the construction; d. Construction of the path will be commenced within 90 days from the notification by the City that approval has been obtained by the City from the Owner, and all construction shall thereafter be completed in 180 days; EXHIBIT "B" Rev. 5/17/96 WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 e. Developer and Whitestone Homeowners' Association shall have no further duty to improve or maintain the bike path, bridge, or adjacent areas'in the Strip; and f. Developer and Whitestone Homeowners' Association shall have no liability for any claim of injury or death or resulting damages arising from any accident, or incident occurring in or on the Strip. That liability shall remain with the Owner and/or the City of Meridian, and Developer and Whitestone Estates shall be indemnified -and held harmless from any such claim. Submit bike path p1mi fbr area ac�aeent to Ten We Drain, including pedestrian bridge, prior frrigation District, for design appt o V a!; p1m shall allo w a distmtce from the top of bm* adjacent approymAi nents and provide a leti�r of credit, casit, or appropriate bondiiT prior tO signattn e on the final plat EXHIBIT "B WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT Rev. 5/17/96 Page 2 of 2 RECEIVED e .111N,- 4 1996 C ITy Of MERIDIAN June 3, 1996 Shari S. Stiles Planning and Zoning Administrator City of Meridian Meridian, ID 83642 Dear, Shari: As per our discussion with you ,on May 24, 1996, we have drafted an agreement to construct a bike path,adjacent"to the Ten Mile, Drain andl,Wliit stone Estates Subdivision. The bike path will be built according to the plans prepared by Tom South, copy attached. Construction of improvements are well under way in Whitestbne Estates. It is important that we have the Development Agreement signed'as soon as possible. We still need a list of values for Letters of Credit. If you could assist us in obtaining those numbers, we can proceed with preparing the Letters of Credit. Thank for your help. Sinc e , a L ry Va Hees hitestone Development Company, L.L.C. Enclosure SUBDIVISION EVALUATION SHEET Proposed Development Name WHITESTONE ESTATES SUB ZCity MERIDIAN Date Reviewed 06/20/96 Preliminary Stage XXXXX Final Engineer/Developer Pacific Land Surveyors % Whitestone Partnership The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMIDMMITTEE (under direction of the Ada County, Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following proposed street names may be reserved for use in this development "CALCITE" "HEMATITE" "COBALT' "DOLOMITE" "BERYL" "FLINTSTONE" "LIMESTONE" "GYPSUM" "SOAPSTONE" "HALITE" "FLOURITE" "BARITE" is similar to BARRETT, and therefore cannot be used "TRAVERTINE" is a duplication and cannot be used "CINNABAR" is a duplication and cannot be used "RUTILE" is similar to REDTAIL andtherefore cannot be used "FELDSPAR" is a duplication and therefore cannot be used "GARNET" is a duplication and therefore cannot be used "SANDSTONE" is a duplication and the efore cannot be used 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 muaie secured by the representative or his designee in order for the street names to be officially'approved. ADA COUNTY STREET NAME COM Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire Dept. ` John Priester Terri Representative Representative ENCY REPRESENT IVES OR DESIGNEES Date Date •z M&W--g - Date (o NOTE: A copy of thisevaluation sheet must be presented'to the Ada County Engineer at the time of signing the "final Plat", otherwise the plat will not be signed t!!! Sub Index Street Index 3N 1 W 14 Section NUMBERING OF LOTS AND BLOCKS 1. re rM , f! JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary June 27, 1996 TO: Whitestone Partnership 410 S Orchard Suite 124 Boise, ID 83705 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: - Preliminary Plat Whitestone Subdivision - Franklin Rd and Linder Rd. On June 26, 1996, 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: 1. 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 construction 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. C. 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. ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 June 27, 1996 Page 2 3. Furnish copy of Final Plat'showing street names as approved by the. Local Government Agency having such authority ISI with payment of fee charged . for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find 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 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 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Pacific Land Surveyors City of Meridian ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report AMENDED REPORT _ Preliminary Plat - Whitestone Estates/MRZ-5-95/A Meridian' The applicant is requesting preliminary plat approval for Whitestone Estates, a 145 -lot residential subdivision on 42.0 -acres. The applicant is also requesting annexation and rezone approval from RT to R-4. The site is located on the west side of Linder Road approximately 500 -feet south of Franklin Road. This development is estimated to generate 1,450 additional vehicle trips per day. Roads impacted by development: Linder Road Waltman Street Franklin Road The preliminary plat report approved by the Commission on June 7; 1995, has been amended to: 5 1.) Delete the 'requirement to construct curb, gutter, and paving on Linder Road, since Linder Road is designated as a collector, and the existing paving should to be replaced before investing the cost of curbs and pavement widening; and 2.) Allow a street connection to Waltman Lane for Phase III, since Phase IV is in a life estate (see attached letter from ACHD staff to Larry Van Hees). Staff will add Linder Road to the list of potential projects for the Five Year Work Program to consider replacing the two lanes that have deteriorated and constructing curb, gutter, and pavement match to a,41 -foot street section in the next year. CHERRY LANE FAIRVIEW AVE. SITE ---- ---= w. PINE AVE. FRANKLIN RD. N TAZ 278 NJ � -8y OVERLAND RD. o Ix c cs CX0 Z ° Z WC W H = J Ix W (� S wrurta l u. U ACHD Commission Date June 26, 1995 - 7:00 p.m. t.. P-2 R•4 RT i PRIMROSE SUB. 4 O 7 • � V H usm w 9 O �1 • • V • 1 /O 10 » V • • 111 • '/ ISN*.1u 12 e 11 10 9 f I "Al 1 I 0 1 a C 6 S W - - H .REST 14 113 12 t1 IM0 ESTA6 � 04 14 16 16 IT If fA ( Is 20 2t 2: ••�` .e „' pQR 11 W �, � • � � ; CREST A00D N gar-, G 1 a ,�a2 .a�tea- 1 O V • . Ma 1 e w riLTY�i( !1li�! L y 13 is �W 0 E Is Is 17 NN1N� A !Mf w 9ARRETT pR, :_ to ,J PL. (1 7 S s C 22 ' - • �ut��v �t ON I 13 2E r • O .. .i 3 3 2 4 O 26 k�MR4 .- -- -- � • � , es a1i • i 1 ti h t p ro leoalesrol� nes s I.i = A p t0 11 o a " • db ' S J 1a 3 4 , C 13 , N • e • I ,p� +y' • � 16 1 I S 14 13 { 12 11 I • QQ • o I M! _ o e • 0 ' e Ln THE ILANDiIN rn W AAERGANZER 0. 2 DR. 7 • � V H usm w 9 O �1 • • V • 1 /O 10 » V • • 111 • '/ ISN*.1u 12 e 11 10 9 f I "Al 1 I 0 1 a s • WI 6 S W 13 - H , D11 sje � 04 14 16 16 IT If fA ( Is 20 2t 2: . 1 I um ^ 1 I 0 1 11 12 IS s • WI _ i 1 W - � tat p ••�` .e „' 1 �, � • � � ; N gar-, G 1 a ,�a2 .a�tea- 1 O V • . Ma w riLTY�i( !1li�! . 7 S s 'PRiH�t�SE �ut��v �t ON I r n. Facts and Findings: Y A. General Information RT - Existing zoning R-4 - Requested zoning 145 - Lots 42.0 —Acres 278 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Linder Road Collector street with no pathway designation Traffic count 5,269 on 3-21-94 962 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) per Meridian's Comprehensive Plan to extend Linder Road over I-84. Linder Road is improved with half of a 41 -foot street section with 12 -additional feet of pavement (total pavement 32 -feet). There is curb and gutter on the east side of Linder Road across from the parcel but there is no curb and gutter on the west'side abutting the parcel. There is no sidewalk on either side of Linder Road. Waltman Street Local street with no pathway designation shown No traffic count available' 665 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required Waltman Street is improved with 26 -feet of pavement with no curb, gutter or sidewalk. Waltman Street was inspected by the District's Pavement Management staff and received a PSI rating 'of 3.0 on May 31, 1995, qualifying this section of Waltman Street for an overlay. Staff recommends that the applicant be required.to overlay Waltman Street from Linder Road to the west boundary of the site, that construction traffic be restricted from using Waltman Street, and that the street connection from Waltman Street to Azurite Street not be constructed until the last phase of the subdivision. B., The site currently consists of farm land. Whitestone Estates Page 2 4 C. The east side of Linder Road was recently reconstructed and paid for with impact fee revenues from the Landing Subdivision: D. A traffic study has been submitted and reviewed for this subdivision. E. The interior streets are all proposed to be standard local street sections of 37 -feet which is appropriate for the type, density, and number of lots being proposed, except for the Greenhead Drive, between Linder Road and Galena Drive which should be constructed as a residential collector street with a 41 -foot street section, because it is forecasted to serve over 1,000 vehicle trips per day. When Linder Road is improved, it should be constructed as a standard collector roadway with a 41 -foot wide street section within a 60 -foot right-of-way. F. Access to the site is proposed to be provided by a single local street connection to Linder Road and one local street connection to Waltman Lane. G. One stub street has been proposed to the west (Calnon Street) near the northwest corner of the site. This stub street is located between two canals/ditches and will adequately provide for interconnectivity to future subdivisions. Staff recommends that the stub street be shifted south one lot in consideration of a future subdivision layout to the west. The applicant has agreed to this request. H. As discussed with the applicant's representative at a previous meeting with staff, staff recommends that a stub street be provided from Galena Drive to the south at Lot 12, Block 2. I. Direct lot or parcel access to Linder Road will be prohibited, in compliance with District policy, because Linder Road is'designated as a collector. Lot access restrictions will be required on the final plat. J. Staff is concerned about the 1,500 -foot straight alignments of Mica Avenue and Whitestone Way that will encourage higher speeds for vehicles and cut-thru traffic on Whitestone Way. The applicant has shifted the location of Whitesione Way between Waltman Lane and Azurite Street to the west which will help eliminate the cut-thru traffic. Staff recommends that the radius at the corner of Mica Avenue and Greenhead Drive be modified to make the radius closer to 90 -degrees. K. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. L. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 9, 1995. Whitestone Estates Page 3 The following requirements are provided'to the city of Meridian as conditions for approval. Site Specific Requirements: L Direct lot or parcel access to Linder Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 2. All internal local streets shall be constructed,toa 37-6ot street section with 5 -foot sidewalks within a 50 -foot right-of-way unless otherwise specified. 3. Greenhead Drive, between Linder Road and Galena Drive shall be constructed to a 41 -foot street section with 5 -foot sidewalks within a 60 -foot right-of-way. Direct lot access will be restricted to this segment,of Greenhead Drive. 4. Provide a stub street be from Galena Drive to the south property line,at Lot 11, , Block 2. 5. Provide a stub street t6'ihe west property"line on lot south of the proposed location, Calnon Street. 6. Reduce the radius at.the corner of Mica Avenue and Greenlieai Drive closer to 90=degrees. 'Coordinate with the District's Traffic Services Staff. a 7. Dedicate 45 -feet of right-of-way from the centerline of Linder Road abutting ,parcel (5 additional feet): The owner will be compensated for this additional right of -way from availableimpact fee revenues in this benef t zone. If the owner wishes to be paid for" the additional right -of --way, the owner must submit an application to the impact fee administrator ,prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 8. Construct 5 -foot wide concrete sidewalk'on Linder Road abutting parcel, located 1 -foot inside of the right-of-way. The sidewalk shall he constructed at the developer's expense: 9. Construct curb, gutter, 5 -foot sidewalk and match paving on Waltman Street abutting parcel. Improvements shall` be constructed to a 37 -foot back-to-back street section. 10. Construct pedestrian ramps onthecomer of all intersections in compliance with Idaho Code, Section 40-1335..4 =n 11. Utility street cuts in the new pavement on Linder Road will not be allowed unless approved by the District Commission. L Whitestone Estates Page 4 SUBDIVISION EVALUATION SHEET Proposed Development Name WHITESTONE7ESTATES SUB NO. City MERIDIAN . Date``Reviewed 06/13/96 Preliminary Stage XXXXX Final Engineer/Developer Pacific Land Surveyors / Whitestone Partnership The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMNOMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing s reet names shall appear on the plat as: "W. FRANKLIN ROAD" "W. WALTMAN STREET" "S. LINDER ROAD" "1!N GREENHEAD DRIVE" The following proposed street names are approved and shall appear on the plat as: "S. MALACHITE AVENUE" "S MOONSTONE WAY" "LODESTONE" "SUNSTONE" is similar to SANDSTONE and therefore cannot be used. 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 mudbe secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, NCY REP E NTATIVES OR DESIGNEES Ada County Engineer John Priester Date lP Ada Planning Assoc. Terri Raynor Date 3 City of Meridian Representative Date Meridian Fire Dept. Representative T L�)- Date NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N 1W 14 Section NUMBERING OF LOTS AND BLOCKS SUBDIVISION EVALUATION SHEET Proposed Development Name rwHITESTONE ESTA-rt SUB'7: City MERIDIAN Date Reviewed 05/23/96 Preliminary Stage 199GNW' Final Xxxx Engineer/Developer Pacific Land Surveyors / Whitestone Partnership z The Street name comments listed below are made by the members of the ADA COUNTY STREET NAM E COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City'Street Name Ordinance. The following existing°street names shall appear on the plat as: "W. FRANKLIN ROAD" "W. WALTMAN'STREET" "S. LINDER ROAD" "W. GREENHEAD DRIVE" The following proposed street names are approved and shall al2oear on the plat as: "S. MALACHITE AVENUE" "S. MOONSTONE WAY" "LODESTONE" { "MICA" is a duplication and therefore cannot be used. 'BASALT' is a duplication and therefore cannot be used. The above street name comments have been read and apprmed 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 toofficially approved. ADA COUNTY STREET NAME Ada County Engineer John'Priester c Ada Planning Assoc. Terri Rayn _ City of Meridian Representatives Meridian Fire Dept. Representative �XPRESENTATIVES OR DESIGNEES Date ''�-- Date C Date Date q-9 NOTE: A copy of this evaluation sheet must be presented tthe Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1W 14 Section NUMBERING OF LOTS AND BLOCKS 11rX/Z3/�� 12. Locate proposed `sign(s) out `of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 13. Overlay Waltman Street' from Linder"Road"to the west boundary of the site with 2 1/2=inches of pavement. 14. Construction trafficshall be restricted`ffom using Waltman Street. The street connection from Waltman Street to Azurite Street shalt not be constructed until 'Phase III of the subdivision, which abuts Waltman Lane. Standard Requirements: T 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a 'requirement would result in substantialhardship or inequity and minimum fee of $110.00. 2. A might -of -way permit must be obtained from'ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. t f '` e 3. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shalfconform to the requirements of the'City of Meridian and shall retain all storm water on-site. t. Public `street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes; sheds, or other valuable amenities placed in said easement. `Drainage lots and their use restrictions shall be noted on the plat (when applicable). 4. Locate drivewaycurb cuts a'minimum`of 5 -feet fromihe,side lot property lines when driveways are not being shared with the adjacent property. 5. Locate obstructions (utility'facilities, irrigation and drainage appurtenances, etc) outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 6. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector, or: arterial as the cross -street. The stop sign shall be installed when the "itestone Estates Page 5 project street is first accessible to the motoring public. 7. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware___"_ from ACHD's Traffic Operations Department or, an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 8. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured'down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. All public streets anddrainagesystems shall be designed and constructed in conformance with District standards and policies. 13. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 14. Provide design data for proposed access to public streets for review and appropriate action by ACHD.' 15. Submit'three sets of'street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the Development Services Division at 345-7662.. Staff Submitting ]nate of Commission Approval: Whitestone Estates Page 6 Meridian City Council December 5, 1995 Page 19 Crookston: I would doubt it. Kingsford: I think it ought to be tabled then with items 6 and 7 and deal with it at the same time. I think we have those findings prepared and ready to be deal with them but it is inappropriate to grant a variance on something that is not in the City. Yerrington: I move that we table to our next regular meeting on the 19th. Corrie: Second Kingsford: Moved hby Max, second by Bob to table item 10 to the next meeting December -19, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: ,ORDINANCE #720 -BILLY QUINN ANNEXATION: Kingsford: AN OF THE CITY OF MERIDIAN, ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NW 1/4 OF THE SW 1 /4 OF SECTION 6, T.3N, RAE., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #720 read in its entirety? Seeing none I would entertain a motion on Ordinance No. 720. Yerrington: Mr. Mayor, I move that we adopt Ordinance #720 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve of Ordinance -#720 with -the suspension,of the Rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie - Yea, MOTION,CARRIED: All Yea ITEM #12: FINAL PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Does the Council have any question on the final plat for Whitestone Estates? R Meridian .City Council December 5, 1995 Page 20 Corrie: Mr. Mayor, I have one question, is the, who is the developer, are they here? Kingsford: Mr. Van Hees, would you come forward please? Corrie: I have one question in reference to the Fire Department and its comment. I know that it is becoming quite a problem but they ask that before you'start building homes out there that you get all the signs up on the streets put up for fire protection. As we are getting bigger and we can't seem to not necessarily find them but it is easier when they have the street signs up. Van Hees: I don't have any problerm with that. Corrie: Because the rest of themyou have addressed and there was no problem. Thank you. Kingsford: Any other questions of the Council? Morrow: I have a couple of questions for Mr. Van Hees, you talked a little bit about a bike path and pedestrian bridge and those kinds of things. Can you address those issues. I believe that we have, those were questions that were spelled out in Shari Stiles comments. Have you seen her comments? Van Hees: Yes I have, I got a copy of those yesterday. Mayor and Council, I would like to address that one issue and it is #2 submit ,a bike path plan for the area adjacent to Ten Mile Drain. Throughout all of our discussion I am not sure that was ever an issue.that there be a bike path there. I want you toknow that I don't have a problem with it because as we continue development along on both sides of Ten Mile Drain I think it is probably advantageous to us to have a bike path along there. However I am a little bit concerned because when it is put in as a requirement at this late date I would not want you to table this subdivision because of that. I know back in the findings of fact dated June 8 there was a comment and the comment that we had is that this is a prior annexation a previous planning director stated that a green beltr along the Nine Mile Creek and coordination was needed with the bike pathway plan and such comment is equally applicable to the Teri Mile Drain. It was just a comment basically that maybe this would be applicable'but it was never any direct requirement to us that we work. And I am not even sure what the pathway plan is does the City have a pathway plan. I am not sure that there is a pathway plan that we live according to. I actually asked some questions on that several times and never got an answer and it was never a question. tonight we are here to approve the final plat. I would just like you to know that I think it is to our advantage to do it. We have several phases there and we are looking at requesting a change in density 1br the parcel of ground on the other side of Ten Mile drain that borderson Franklin Road. We would like to dowa Meridian City Council December 5, 1995 Page 21 3' different kind of a development there but that is down the road a year or two. If the path would be on the other side of the drain and,we wouldn't be able to do anything with if until that time anyway. If you want to just state that would be required upon further`development there I don't have a problem there buf l just request that you not hold it up for that because I think it is as much to our advantage as to yours and we want'to do a good plan there. One I other question I have and that is in the letter to you'from' Shari, Stiles, item`#7, a development agreement is required as a condition of annexation. Ari agreement has not yet been drafted for this'- subdivision, 'it is my understanding that agreement is drafted by your department and we were told that apparently the squeaky wheel needs some grease and maybe we were supposed to be, requesting that. I would just like you: to know that when it is prepared that we would agree to sign that and we know.that is coming' up. I also would like that not to be a condition for your approval of the final plat. If you :have any other questions I would be glad to address them. Kingsford: Any other questions Mr. Morrow? Morrow: I have none of Mr. Van Hees I have some of Shari. Kingsford: Max? Thank`you sir. -Go ahead Mr.'Morro%W Morrow: Shari can you address this issue with respect to the bike path and the status of the development agreement. I would think that this is a month or so ago in our, planning session we talked about changing the development agreement to a check list type of an agreement is this one of the first properties that will'be done in that manner is that what we are talking about here? Stiles: Councilman Morrow,and-Council the ordinance I believe for this annexation requires that a development agreement be entered into. As far as the bike path is concerned it is shown in our, comprehensive plan and it is there is' a ridge to rivers pathway plan that dictates how these pathsare built. The initial plat that was submitted, the preliminary plat that was approved it was a contention of the applicant's representative that the plat did not include any of that right of way or.that it was not apart of that Ten -Mile Creek. Now that they have submitted this final plat it has changed toshow the Bureau of Reclamations, right of way through there and I do think it is important that it be included now as part of this.plat because of what is°existing,on the other side of that eight of way and the private property owner that lives on the other side of the creek. So that is why it wasn't initially spelled out as that because the applicant had represented that they would do"that in a future phase on the other side of the creek. But) think the way the right of way existsa itshould be incorporated as part of the plat. M _ Morrow: Then my question still with respect to. the development agreement, we are doing s Meridian City Council :December 5, 1995 Page 22 a new format on development agreements how -instead of the lengthy ones that we had before we are going just an iterrriized list ..of what it is'that we want as a City on the development agreement. 'Is this project one of those that we are doing in the new format? 1 recognize that the ordinance requires the development agreement. Stiles: I guess 1,would have to, ask Counsel since the ordinances does specifically spell out that the applicant will enter into a development°agreement where that.leaves us. Kingsford:. Is that punch list qualifying as a development agreement I think is what Mr. Morrow is asking, I would think it would. Morrow: Well we have talked about going away from the bulky ones that we were having a lot of 'problems with not only, our people understanding but with the development community understanding. We made the commitment that we were going to a punch list, type of a development agreement cock off development agreement. What I'am asking her of staff is that is this'a parcel that we are going -to do that with? Because there1s nota lengthy development agreement that has been crafted as I understand it is that right? Kingsford: So Ugues`s Shari's question to,Wayne that I would like to hear the answer to is since that is in, the developmerd agreement is that something that'we, can do with a punch list and call it a developmerd agreement? I think that is what Councils' intent was. Crookston: The ordinance just says'a development agreement it doesn't set forth the type of development agreement that we have been using for the last 2 years. So it would` suffice to use the check list -type of agreement. But the ordinance still requires' an agreement. Kingsford.' So we would have to prepare that punch list to meet that. Crookston: I believe in the past many of the developers have actually prepared. the i agreements have they not'Shari? Stiles: Some of them have crafted agreements using our master. Morrow:;I think our, intent in terms of we have talked about it is that process�stop and'that we craft the punch list very similar W the punch list that we are currently given by both you and Gary as we go through this process. P & Z gets those same'types of comments and it would appear to me'that it is the City's it,is in the City's best interest to craft that punch list of things that we expect that developer to come and agree to and accomplish. Stiles: So Mr. pMorrow, you would Ince the conditions of approval to be broken down prior for those-" items to be completed priorJo_ signature on the final plat and those prior to x , Meridian City Council December 5, 1995 Page 23 obtaining construction permits and then conditions prior to obtaining a certificate of occupancy. Kingsford: I think what he is saying Shari is that one of the or there ought to be a spot on that punch list for the developer to acknowledge that yes I am going flo do these. That then becomes the development agreement. And that could just 'be a line saying yes I understand that these are the requirements that l have to 'meet and Me initials (inaudible). Stiles: The only problem that I see with that is if there,is'a transfer of ownership because then those conditions do not necessarily transfer toga new owrib(legally. Kingsford: You put that as one of the requireiments -then on it that they -follow their successors. Mr. Van Hees if you would come back up, I guess one of the issues that Shari brought up with regard to the ownership across the ditch: I might #eve read between the lines but I understood you to say That°you owned the property ark the other side of the ditch: Van Hees: No, there are two different parcels involved there. In the Kelly 40 acres that is next door to that other piece the Kelly's control that and we are in a development agreement with them and we will be developing that whole 40. So -'V0 do'contebl' both sides there. On that other, the 40 that borders on, or the property that"borders on Linder Road that fronts on Linder Road we do not control that parcel there. Kingsford: So you would understand then that a bike path woWd have to be on this particular parcel. Van Hees: 'We don't own the property where that bike path is in fact.that has been a kind of a problem. We have had 4 title companies try and determine who owns the right of way on that ditch. I will tell you it is a very complicated issue and the Nlampa Meridian no the Bureau of Reclamation is not even sure that the own that creek beat right now. Because there was some different deeds that were recorded and something about the succession of recording those deeds and there is areal question of Whafthe* own. The one parcel that they do own is a narrow strip, a spaghetti `farm that is the whole length of that thing that goes. It is a half acre and it goes the full length. That is the parcel that'they do own, they own it and that is where the bike path would be. If they agree to have it there. That is something that we need to work out with them. They are really not too happy that they own it. They would just assume give it to you or give it to somebody and the only problem is, they even offered for us to work with you and perhaps go into. ownership. It is going to take about a year to get it or better or maybe never get it. It is a real problem there. I think they would enter into an agreement to put a bike path there."'I have been told that they will (inaudible). Meridian City Council December 5, 1995 Page 24 K A Kingsford: We have had correspondence that the Bureau of Reclamation has been very amenable to bike paths and so forth. Nampa Meridian not so much so. Van. Hees: Well, we are lucky we are dealing with the Bureau here. Kingsford: Any other questions of, staff from Council' ` What is your pleasure? Morrow: Mr. Mayor, I would move that we approve the .final plat for Whitestone Estatesk Subdivision subject to the resolution of the bike path issue, the development agreement, the timing of pedestrian bridges issues and upon completion of those authorize the Mayor to sign and the City Clerk to attest on the final plat and Gary Smith to sign the final plat. Kingsford: I really appreciate the Councilman's requirement for me to' sign but I don't do those on the plats. But the others would be glad to sign if that is the Council's concurrence. Is there a second on the motion? Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the Final plat subject to resolution of the bike path issue, completion of the development punch list and the resolution of a foot bridge, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 1 BY RUSSELL HUNNEMILLER: Kingsford: Questions of the Council for Mr.:Hunnemiller? Morrow: I think what I would like to hear is a presentation by both Gary.and Shari they have a rather lengthy list of comment's, site specific comments, in. Gary's case of 17. The major issue in my mind was item 17, the drainage flooding and the pictures that are part of the presentation. And then obviously Bill Henson of Nampa Meridian has indicated some concern about the drainage water and the ditches. And then Shari has some 6 items on her list. Kingsford: Gary, Shari who wants to be"first? Stiles: Mr. Mayor and Council, I- had no major problems with this plat. I guess the main. thing would be the issue of the variance. It was pretty clear during the preliminary plat approval that their intent was to fence that canal The only thing was that there is not a OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P R Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88811433 a FAX (208) 8974813 Public Works/Building Department (209) 887-2211 GRANT P. K{NGSFORD Mayor COUNCIL MEMBERS. RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28. 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whitestone Estates Subdivision BY:_Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of Franklin Road, West of Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 _CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER `CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: I s 290 North Maple Grove Road i'Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 November 9, 1995 Ms. Shari Stiles City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Subject: V; itestone Estates Subdivision. Dear Shari: roved preliminary plat and meets all This subdivision is in conformance with the app provisions requirements or conditions thereof. It is in conformance all � h acceptabuirements le engineering, q of the Subdivision Ordinance. This subdivision Is III conformance architectural and surveying practices and local standards. If you have any questions, please call me at 378 -6380 - Sincerely, PACIFIC LAND SUkVEYORS, WER Engineers, Inc• a division of PO Eddy, L.S. John T. (Tom) ` r JTE:Smg Enclosures PLS-BOI 58-30.1 Idaho Corporation T3—;f- Lnnd Surveyors, a division of POWER Engineers, Inc., an e�� 83513' 97 WARRANTY DELI) 1 -'or Value !,(-r,-ive(i J. WARREN KELLEY, a widower, the grantor , (Iles herellY t):Irgaiii, sell antl convey unto pERRY KELLEY anO SALLY R. KELLEY, husband and wife, address: Box 244 Payette, Idaho 83661 thr tile followilig (Iv�cvibv(l pi-villi"O." if, -wit: The 14 1/2 o' the E 1/2 of the PIT; .1/4., in section 14, Township 3 North, Range 1 Wast, Boise Meridian, in Ada County, State of Idaho. Together with all water, water rights,, d-,tchc-- and ditc!! rights of way appurtenant thereto or connectoO therewit'l. :1 1101111 with their :11.1,1111.1-Iliklices 1111to Ov. s• TO HAVE AN[) TO , fol-w:vv. Aiill III,. s:6,1 (;v:mlow (1,PS Ill-" With !.ho aid (4,111to, S. thatIS 014 owner in I'•, sinlld n!' ai,l !o, Inisr•:-: Ili:,! ;lid • and that )I,- 'N IT: I I I t ;fit'! t1l' -v; 1111 1 111 Pat(A: August 1G, WN -11* ill.' S-rvvl� (it' MAIM, cl)l , !NTY Ill H'All". !. I'l- .- thi, 7,1 f ... .... 1. . . ..... ...... 4-'t •Al J. mA 'I"l, hhll-1 .......... 9117663 ADA G^TY. I D. FC� J. DAVID NAM"'10 RECORDER BY �o BARGAIN AND SALE DEED •91 RPR 9 Hm 9 05 Harlan Van Hees and Florence Van Hees, husband and wife, Grantors, for good and valuable consideration, the receipt of which is. hereby acknowledged, do 'hereby grant, bargain, sell and convey to "The Harlan & Florence Van Hees Trust", Grantee, a trust established under the laws of the State of Idaho by an agreement dated Qd,; / 2 , 1991, of which the present Trustee -is Harlan an Hees and Florence Van Hees whose current address is 420 W. Carlton Ave., Meridian, Idaho 83642, the following .described real property, to wit: PARCEL 1 Lot 4, Block 3 of the Welker Subdivision, according to the plat thereof filed in Book 15 of Plats on page 976 records of Ada County, Idaho. PARCEL 2 r Lot 7 of Van Hees Subdivision in the EZ of the EZ of the NE; of Section 14, T3N, R1W, B.M., Ada County, Idaho. Together with all improvements, 'ease - tents, hereditaments and appurtenances thereto,. and subject to such rights, easements, covenants, restrictions and zoning regulations as appear of record or based upon the premises. IN WITNESS' WHEREOF, the Grantors have hereunto subscribed their names to this instrument this 2"J day of 1991. Harlan van Hees Florence Van Hees, BARGAIN AND SALE DEED -1 STATE OF IDAHO ) ss. County of CeAnvon. ) On this ^_d day of r, l 1991, before me ,�'4enhc.. L. Ryss a Notary Public, personally appeared Harlan Van Hees and Florence Van Hees, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to that they executed the "same. Notary Public for Idaho Commission exp=res: �:Jt^cs9i.1 :•� BARGAIN AND SALE DEED -2 r REQUEST FOR SUBDIVISION APPROVAL �A fXYtXt4xxmF I N A L PLAT - ' PLANNING AND ZONINGVCOMMISSION TIMEI•TABLE FOR 1"SUBMISSto` f: A request for pre i _minary, plat apps oval ymust be in the City ' Clerks possession no lat`e•r than tt;ree days iolloving the regular meeting o= the Planning and Zoning Commission. The Planning and Zoning Commission willhearthe request at the monthly Vmeet_ng - following, the month the request -was made. t , After a' propbsal,`er,ters the p•r6cess it may be acted upon at _subsequent monthly meeting: provided the necessary procedures _ and documentation -are. received beiare 5:00 P. M. , Thursday following the Planning arid. Zoning Commission, act dr,. _ P;1 0, x GENERAL INFORMATION F I. Name. of Anne:cation' arid, Subdi-vision.-Whitestone- Estates- Subdivi sic 2. General Location, E 1 /2-, NE -1,/4Sent-i on 1-4- T• -4 N --R -1- E B.r 3. Owners of `record, J. -Perry &° Sal'ly 'Kelly, Florence & Harlan ` . ` -Van Hees Family Trust, -Carol Van -Hees, Trustee Address, 1805 Kinsell, Weiser ,ZipB3672 Telephone "42.0'W:`Carlton, Meridian" 83642 4. Applicant; Tnlh'itestone -Partner- Address; 41.0 S. -Orchard, Suite 124 .4 . -ship., Boise, ID 83705 5. En-gineerth L.- Jacobs', J`r. Firm Pacific Land Surveyors Address 290 N. Mapld' Grove Rd. Zip 83704 Telephone -4-208) 378-6385 Boise, I a o 6. Name'`an"d address to" •receive City billings:, - Name John` T. Eddy ` 1,Address"290 N: Maple Grove TelephonetC208)- 378-6380 Boise, ID 83704 PRELIMINARY PLAT CHECKLIST: ,uiDdivi'sion Features n '�-- 1. Acres 10.27 2. Number of lots -39- 3. 39 3. Lots per acre 3.79 4. Density per acre .26 5. Zoning Classification(s) R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classificatior, N/A 7. Does the plat border a potential green belt No 6. Have recreational easements been provided for No 5. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? Yes Explain 20 foot landscaped area adjacent to Linder Road For future parks? No Explain 11. What school(s) service the area Meridian do you propose any agreements for future school sites No , Et:plain 12. Other proposed amenities to the City N/A Water Supply N/A Fire Department N/A Other _ Explain 13. Type of Building (Residential. Commercial, Industrial or combination) Residential 14. Type of Dweilingts) Single Family, Duplexes, Multipie::es, other Single-family 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage of structure(s) 1,350 C. Are garages provides for, Yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for Yes, Describe Landscaping along Linder Road ( 2 ) f. Trees will be provided for Yes, Trees will be maintained Homeowners Association g. Sprinkler systems are provided for Yes h. Are there multiple units No Type remarks 1. Are there special set back requirements No Explain j. Has off street parking been provided for Yes , E::plai.n Individual lots k. Value range of property -150,000 - 200,000 I. Type of financing for development pr; va /h,;nk M. Protective covenants were submitted ,Date IE. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. i3) tmnv amour •o NJ if g!ip m f pptt � l t4°h r r 77-) .I 1 ♦ r PRIMROSE SUB. pptt � l t4°h r r 77-) .I 1 ♦ r PRIMROSE SUB. Van Hees Builders, Inc. 410 S. Orchard, Suite 124 Boise, Idaho 83705 December 15, 1995 The Honorable Grant Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID 83642 Dear Mayor, -� o Ak441Z, /Z/ Hwy p�79ol WV 4,t "., t a,.A , ,$ CU Thank you for your review and approval of the final plat of the first phase of Whitestone Estates at the December 5, 4995, council meeting. It,will be a quality subdivision providing a source of pride for the families that live there and a great addition to the City of Meridian. We are now reviewing the Meridian housing market to determine the best use of the remaining 10 acres between the Ten Mile Drain and Franklin Road in the Kelley forty. Our market research shows that there are a growing number of buyers who lead a lifestyle :that requires a relatively: maintenance -free style of living; namely singles and seniors. A PUD of attached 'singe -family homes with a density of 12 to 15 units per acre, would provide homes for a market that is not currently being met. Individual home ownership would guarantee a park -like environment similar to more than 300 units that Van Hees Builders Inc. has crafted in the past. The exterior of all buildings and all grounds would be maintained by a Homeowners Association. This insures that a project of this type will receive first-rate care. We are now investigating how to achieve proper zone classifications with your City Planning Director and determine what avenues we need to follow to receive approval �i Suchs "ro;arf �,� :4-.-r:^ ^nnn� ti!build« nitil !f It Y pyYEir �.�..w-. * tbe n �.�. :.1Yce of pride f us as a Builder/Developer for our buyers and for the City of Meridian. oarryVan Hees 1 cc: Shari -S. Stiles, R& Z Administrator _. -Gary D. S_mith,_City.Engineer Construction Management Our Specialty MAY 09 '96 10:16RM VAN HEES"BUILDERS, INC. May`9, 1996„ Shari S. Stiles, Planning and Zoning Administrator City of Meridian Meridian, Idaho 83642 Dear Shari: Development is in progress at Whitestone Estates. We appreciate your help in getting -Whitestone.through the approval process. I am working with Tom Eddy to develop a pathway plan at Ten Mile Creek. We will have a plan ready for you to review early next week. We need the developrf►ent agreement ready for our signatures as soon -as possible. We need a list of items that we will'need to bond for with amounts so that we can arrange for letters of credit. We will record the plat as soon as possible. `The pressurized irrigation system will be under construction next week. We have homes under contract to be started in June and all other lots are spoken for. We must move now to avoid any delays. I will appreciate having this agreement ready next week if possible. Sin er ly, ry V Hees hitestone Development Company, L.L.C. LH:tly cc: Terry Burgess, First Security Bank Tom Eddy, Pacific Land, Surveyors MAY 09 196 10:19 1 208 344 9455 PAGE.01 P.1 State W.1da o DEPARTMENT OF V� ATER RESOURCES -0 Western Region. 2735 Airport 1Xiy, Boise, Idaho 83705-5082 (20S)334-2190 FAX (208) 334-2348 PHILIP E. BATT May 7, 1996 GOVERNOR KARL J.DREHER DIRECTOR Corps of Engineers Lucky Peak Project Office MAY 0 8 1996 HC 33 Box 1020 Boise ID 83706 CITY OF MERIDIAN RE: Joint Application for Permit # 63-S-1158 WhitsstOne Development, - Ten.Mile Drain/,Creek To Whom It May Concern: .. Enclosed is a copy of the above referenced application for a permit to alter a stream channel. Please review the application and reply with your comments or objections to this Department by May 28, 1996. At the end of the,comment'pbriod a decision to approve or deny the application will 'be made based on the information which has,s been received. If the department does not receive a reply, we will assume you have no comment. If you have any questions regarding the- proposal, please= contact the applicant atthe address and phone number listed on the enclosed application; or contact this office. ,Sincerely, M. Gene Gibson 2 � Stream Protection Specialist MGG:vr Enclosure cc: IDHW-DEQ, IDFG, Ada County, City of Meridian, Nampa -Meridian Irrigation District I ter'.' 7 ur ar ofServiceto jdairo 1345-140 - �. Purpose and intended use: Commercial Public (/' Private Other Describe lvecessin and iustificaiion for protect ar�— ` d �p ,,, P%r.-►'rr�'" (,(j'h� �'-�yl� s'L,r('jdlYf 5r, ). Proposed Star[in_ Date Estimated Duration' 4 w ee fi S I! an% portion of the actin ii, is complete. indicate month and year of completion rl •e_ Indicate the existing work on the drawings. Nantes, addresses. and telephone numbers of adioining properr 0%%'ners.'lessees. etc.. whose property also adjoins the waterway. J Check here if the alteration is located on endowment lands administered by the Idaho Department of lands LEGAL OWNER IF OTHER TITAN APPLICANT Mailing Address City. state, ` Zip Code Area Area Phone tl'ork(__) Home(„__`) List Other applications. approvals. or certifications from other Federal. interstate, state. or local agencies for any structures. consutsctions. discharecs. deposits. or other activites described in the application. Issuing Agency Type of Approval identification No. Dau of A iication PP Dat- of Approval r'".,'•y, zsi�,- Pty. fav>tdlo-• �r,r, D�sf P"p,e w MIC g N Iq C w., �'Gsrar�e I M t t S1r " 'm _.z �% / Q6 Rsany , - d tr n�/ r�►1 rM Q � S tw w� r,�,,, St, r"� r r ii M t l 4 9 G r+t lagency denrcd approver! or the activity described herein or for any ac ivin• directly related to the activity descriVed herein? Yes No - r G If 'Yes" explain) '.emarks cr additional information: pplication is hereby made for a permit or permits to authorize the ctivities 'described herein. I eenify that I am familiar with the informauor. contained in this plicauon, and that to the best of my knowledge and belief• such in ormation is true, compleu_ and accurate. 1 farther certify that I possess the authonry to under D the proposed actcompleted rk.s. hereby grant to the agrncies to wh ch this ' plication is made, the right to come upon the above-described location to inspect the �poscd or compleud work. Dau ign rc o Applicant (ORIGINAL SIGNATURE REQUIRED) in authorized agent is to be designated, Item 4 and the f011ow ne information should be completed. reby desienaic sued. I must ssiir0epermit. S--'v----j-- to ac: as my aeent in matters relaud to this p it appl• tion. 1 understand that if a Federal permit Original Signature of Authorized Agent Ong, a! Signa re of 'S.C. Section 1001 provides that: Whoever,r in any manner within the iurisdicuon of asiv de ent or agency of the United States knowin£iy falsifies. + Gals,or covers up by any uick scheme, or device a material fact or in anv false• .fictitious• or fraudulent statements or representations or makes or uses am ' wrung or document knowing same uo contain any false, fictitious, or fraudulent statement or emry shall be fined not more than S10.000 or tm msoned not ma f y years or both. Do no[ sent a Federal permit processing fee with this application. The appropriate fee will be assessed when a perntt is mss: ed. DO NOT SE'.V FETDERAL PROLE ENr, FEE WITH APPLICATION rm 3 C4 'ort 9504-& -Mw 1�iI1vI f _ !•.wAVE. l• rl ti r�NE;� t: 1 • '1• lrr„�o• ' • FRANKLIN ~'uc>Ziws ROAD -I 1 1••Ilr.q •w • sw. r.A.CM �.�: ^RST wOOD' $�;t •.R. °,� /+... -�.1.. Cmr Es4ATEs=-- )ERACRES�••`�,•`�," -- M•flOIM M..O,F /�.1� F:ISOUAtE = /RMROSE 14 . CAMA OR t 3 .... �Amos•.-.�\ ' I OREGON TRAIL MW`! — . t � rurASM.Mtc.n� 3 �� rw v� lurr VERtAND to. VICINITY MAP 5Toem DQ4N,106 R-1 W. q D,� Cote K O�S�E n Warrt[RRI .� P/�cSSuRL . �iscNaR6 E Q Ri6oA� sr �n�Tr�Kc-j K i )1541144 rmc _ _ 11���" ',-i �V •d� I 11' �`� CA SII _„ 1�5. �, w �. Ila .,�-ii� �, I �' '� ° �•3's--1' j i 11�♦•;YQ '. 1 'y'_.'"-� "Je--'--�-si'a�_. •1 -e�_-, 1 101 r la � .t ala '9 .� ^�' 4 � � I � � I '- 't -• 'i , i� ++1 �I ,'J�{� 1 . 1 I .�. '�/ 1 j _I �;' raM _ � 1 I I. ..° I• j. 1 � 1 d �. _ 'I �� �_ �� I• �� r Iy � S- IM � _ i �r �X �/� — ro +I ��1�tf ,I�� it I 1 .2 �r 1 •f I i' .n .n I �I' 71'. ` ..° ., • I !� IN Ten Mr �e Dra,t:� INMEAR M 8.Y'i dca.n 4 D4 COUNTY, 1 0;4 ff D DATE: 5/2/96v SHEET I OF 5 APPLICATIOi SY: 1� I i 2" �IQ vs / N - { Z P%P e - I I I - 1 7 / 3 f L &Gu LI nPC W2 A-5 7E 1 R (Z 16 4 -no N D I s i4 R C; S •1{'.-�c..� .!' _.MNE_' �• •AVE :! [.� C W � ISL a 12, J I rYwr wy.[y. r GAMn� 1 •M R 1 I Yr : .= FRANKLIN 1Mw1tLt11Us ROAD_. Y•rKp.) s.r.. - C..4 ESIATEsii ��••Rp�ACRESc�. \ ` -fF.!IT11E :`i...Rn�r •s� ••• �GMemmx�'AUET Lwow. . •• - nm� " -- USDUA[E PRDARO1!A.WA OR. 14 ,r`;: t; Bench �O.Aft .rte , j OREGON 7RAit 'MWY` �;;� \ 4 r.wwr tew. � Ewwwl4R o�w.w•.`� VERLAND RD. j It VICINITY MAP S -ac noti /4 T3N _ - 1 75�w --1 741- �(owLi%t•o W A57� I R (Z 16A-7?aA.)�ISCdAV-6i L C�= t. 5 T) .i IN Teri M l l -e Oro-, ✓, INMEAR M eri dL 4,,i AD A CMINTf. , i DATE: Valla SHEET 7- 0r 5 APPLICA; I011 9Y: �:t)h��as-,c•re flevelo�.i,e,�,7 �.1 L,�.�; t�".`' <..: •+�_.�tNE_et �1 / AVE. •'.�W � 2� Yb...et 11.�r..0 MMCYa• . w� tANKIIN - ~AXCU4W ROAM_ """"r0"'-1 '�"•" /SCtl.- .. ST \� vILLEY ER ACRES ...... FRAnxuti- ���L�SOUA4E A4 Rose tAMI as •i"�3 i 3 � . ] S t `OREGON TRAIL_ doe .5 VICINITY MAP SECTroN /'4 (Z• 1 w. A DA Got; >~ < IN Te n M i Le- O y c INMEAA M eYi dtQ-K ` Tlr :41 O COUNTY, 1 OA•H DATE: 5/2/ 9G SHEET,:? OF j APPLICATION BY: L,L.C. 1 04 l 1 �I � a E /I ii dc r ' 0- 1 J ' J 1 x %1 mss` Vl v 1 VmG 9)�Gz .<C. i N Y 3hrl ..i ash: ad Za — — �o i c. t Z .I .n V Z J LA Z <O .. C.V. � t�".`' <..: •+�_.�tNE_et �1 / AVE. •'.�W � 2� Yb...et 11.�r..0 MMCYa• . w� tANKIIN - ~AXCU4W ROAM_ """"r0"'-1 '�"•" /SCtl.- .. ST \� vILLEY ER ACRES ...... FRAnxuti- ���L�SOUA4E A4 Rose tAMI as •i"�3 i 3 � . ] S t `OREGON TRAIL_ doe .5 VICINITY MAP SECTroN /'4 (Z• 1 w. A DA Got; >~ < IN Te n M i Le- O y c INMEAA M eYi dtQ-K ` Tlr :41 O COUNTY, 1 OA•H DATE: 5/2/ 9G SHEET,:? OF j APPLICATION BY: L,L.C. . t . .. IT.�' <w.'-..MNE-!� w� `• AVE. +---•-'--aWO a.s12 sue:•_ .c.e T' -�-- T 3E6 a.aar.sr.r. f#ARA't;N MAReiLLW ROAD.. a �...ya. • y,, , a J . ES�fATES: : <.w..�ia. �CP.NTIIE:�� �w ..w ACRES v.LLE, . -0— - L. M - ,. N nwsr�r FRANKLLti SQUARE 1 'tt fI1 V�,��. TRAft HWT-`\_� pum c� �3� ' wR oaw�ww v VICINITY MAP r 5Ecr1oAj I4 T3N. ADA CowKi I 8 $"ptilC 6 p. 40% -1 7!• flew 4NE irv6?�rb'Qw+`t`�`+�� C�ARe 62+� 5 84 67,zl INV, 6� 5 45w EP, C 20 s s fm 6 ,4" 24.. Kc=? =LEVATON BELOW 'iNVER7 OF DRAIN #4 =ESAR 12"CENT-_R TC CENTER AT LEAST TO (E.ACH - WAY) SPRING- LINE D APETA1 CONCRETE , L C C -NTS- k, IN 1 Ten Mt Ie- `Ora., h` , 'IWNEAR _ M ev'r dl a -n ,4 D A CWHry 1 0,4 l f 0 DATE: 5/2/-96 ' SHEET OF -` APPLICATION BY: LICENSE AGREEMENT /17 LICENSE AGREEMENT, made and entered into this day of , 1996, by and among NAMPA & MERIDIAN IRRIGATION DISTR CT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and WHITESTONE DEVELOPMENT COMPANY, L.L.C., a limited liability company, 410 South Orchard Street, Suite 124, Boise, Idaho 83705 party or parties of the second part, hereinafter referred to as the "Licensee", W I T N E E E E T H: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns or controls the irrigation ditch known as TENMILE DRAIN (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with an easement therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes, and which ditch or canal and said easements therefor cross and intersect said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth;. and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to encroach upon the District's easement in the manner general l described in the "purpose of License" attached hereto as Exhiband by this reference made part hereof nd in accordance itwith the "Special Conditions" stated in D, attached hereto and by this reference made part hereof" 2. This agreement pertains only to the Licensee's encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe on the Licensee's property, or otherwise alter the ditch or canal without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee) shall be constructed, installed, operated, and maintained at all times by the Licensee and at the cost and expense of the Licensee. 4. The Licensee agrees to construct, install, operate, and maintain each facility in a safe manner and condition so that it will not constitute,or cause a hazard to any person or property. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard or unsafe condition in or arising from the construction, installation, operation, and maintenance of such facility. 5. The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the flow of irrigation water in said ditch or canal or the delivery of irrigation water by the District. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any impairment of the flow or delivery of irrigation water in said ditch or canal which may be caused by the construction, installation, operation, or maintenance, and any use or condition of any facility. 6. The Licensee agrees to construct, install, operate, and maintain each facility in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, and maintenance, and any use or condition of any facility. LICENSE AGREEMENT - Page 2 7. Any alteration of the District's easement by the Licensee, and any alteration of property adjoining the District's easement by the Licensee, including, but not limited to, the. excavation of soil, shall be performed and maintained in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee shall provide the District reasonable prior notice of any such alteration not identified in this agreement. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the performance and maintenance, and any use or condition, of any alteration of the easement by the Licensee, and any alteration of property adjoining the easement by the Licensee. 8. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. 9. The Licensee agrees that the work performed and the materials used in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have LICENSE AGREEMENT - Page 3 been expressly approved by the District. Such approval by the District shall not be,unreasonably withheld. 10. The Licensee agrees that the District shall not be liable ,for any damages which shall occur to any facility, structure,.- plant, or any other improvement of any kind or nature, whatsoever which the 'Licensee shall install on the said°easement area of the District, in the reasonable exercise,of the rights of the District in the course of performance of maintenance or repair: of said ditch or canal. The Licensee further agrees to susperndt its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of.this agreement. r 11. The Licensee understands `and agrees that Licensee has no right, to drain or waste into said ditch or canal ,more surface or grourid water than drains or wastes from said property in its present state -or condition,(predevelopment flow). The Licensee expressly agrees that it shall not cause; suffer or permit any" such additional surface or ground water to drain or waste into' said. facilities of the District unless the Licensee shall have (1) obtained all necessary rights of way.or easements for the draining or wasting -of such additional water and (2) created -the necessary additional carrying capacity in the ditches, -pipelines or other facilities through which such additional water is to be carried and (3) complied with all.statutes, regulations, ordinances, and other laws regarding the "discharge of drainage or waste- water into surface streams., whether natural or artificial, and'into aqu"ife"rs or other bodies of`ground water and (4) removed all debris and other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the -}.event of any dispute as to the source of such pollutants, 'contaminants, debris or other foreign material, the burden shall be upon the Licensee to show that the pollutants, contaminants, `debris,or foreign material does not come from the Licensee's said property. The Licensee expressly agrees that the District shall be entitled to enforce compliance with 4the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for :issuance of a -preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth --herein, shall be cumulative of*any, other remedies available to the District under the laws of the State,of Idaho. If -the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch- or canal or into any other facility of the District without having complied' with the -requirements of'this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditch or canal or any otherg facility of the District, and the.Licensee yarees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainagd or wasting. LICENSE -AGREEMENT - Page 4 12. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. .13. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. 14. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or exhibits or plans thereto without the prior written consent of the District. 15. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 16. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are -devoted and dedicated and that this contract shall be at all times construed according to such principles. 17. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch LICENSE AGREEMENT - Page 5 11 or canal for the transmission and delivery of irrigation water. 18. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 19. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 20. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 21. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions'and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary WHITE ©NE DEVELOPMENT COMPANY, L.L.C., a lim ted liability company, LICENSE AGREEMENT - Page 6 ATTEST: STATE OF IDAHO ss: County of Canyon On this 6�� day of 1996, before me, the undersigne}, a Notary Public in a d for said State, personally appeared aA; � Ld&.r►/.low,.a[_. and � //rA`�!' , known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal, the -day and year in this certificate first above written. ����,,••••••.,,.,� r; �, 0TAR % %t6tNotary Public for Idaho :Residing at Nampa, Idaho * �'•� 7�- My Commission Expires: 14ILe2000 8L U 1 STATE OF IDAHN"IN `'•y•'•*q`��,•� County of Ada •���'"`J""� On this day of 199,x, before me, the undersigne Not P liciIn and f said State, personally appeared and known to me to be the YI / �,/ and ILI of WHITESTONE DEVELOP E COMPANY, L.L.C., the Idaho limited liability company that executed the foregoing instrument and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official iys�e,�3;,the day and year in this certificate first above written, %- S. C'4 Ar j: AR Y r Notary Public for Idaho Residing at Boise, Idaho (� My Commission Expires: / LICENSE AGREEMENT - Page 7 EXHIBIT C Purpose of License The purpose of this License Agreement is to permit the Licensee to: 1. discharge storm water through one pipe into the Tenmile Drain; 2. cross the Tenmile Drain with a sewer line; and 3. construct pumps, pumphouse, intake structure, and related piping for a pressure irrigation system within a portion of the District's easement for the Tenmile Drain, all in or near Whitestone Subdivision located southwest of the intersection of Franklin Road and Linder Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of four (4) sheets: sheet 6 of 14 entitled "Storm Drainage Details and Under Drain Plans, Whitestone Estates Subdivision,' bearing engineers stamp dated January 10, 1996; sheet 11 of 14 entitled "Line D - Line E - Line F - Water and Sewer Plan/Profile, Whitestone Estates Subdivision, bearing engineers stamp dated February 26, 1996; sheet 12 of 14 entitled "Line A - Water and Sewer Plan/Profile, Whitestone Estates Subdivision," bearing engineers stamp dated February 27, 1996; and sheet 14 of 14 entitled ':Pressure Irrigation Plan, Whitestone Estates Subdivision," bearing engineers stamp dated February 27, 1996. These plans have been delivered to the District's engineer, are in his possession in his offices, and are hereby incorporated herein by this reference. b. There presently exists a difference between the District. and the United States of America, specifically the Bureau of Reclamation thereof, concerning ownership, possession, management and control of certain drains including Tenmile Drain. The District requires parties such as licensee here to enter into a License Agreement where a party's activities affect one of the drains in question. Licensee is advised by the District to communicate with the Bureau of Reclamation, before signing this license agreement for information concerning the Bureau of Reclamation's position and to learn of any requirements which may be imposed by the Bureau of Reclamation in connection with Licensee's activity which is the subject of this agreement. LICENSE AGREEMENT Page 8 Regardless of any requirements imposed by the Bureau of Reclamation, the District requires that this license agreement be signed before Licensee takes any action contemplated by this agreement or otherwise, which affects the easement along Tenmile Drain. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. LICENSE AGREEMENT - Page 9 Y g. Licensee represents that it anticipates certain construction relating to the subject matter, terms and conditions of this agreement which will affect the District's easement for the Tenmile Drain within the property described in Exhibit A, as and when Licensee develops additional property. This construction includes installation of an additional discharge pipe for the discharge of storm water into the Tenmile Drain and construction of a bike path. Licensee agrees to obtain the District's approval and permission to perform such construction affecting the Tenmile Drain by an addendum to this agreement or by separate license agreement to be executed prior to construction. h. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or plans thereto without the prior written consent of the District. The District's easement along this section of the Tenmile Drain is 100 feet, 50 feet on either side of centerline. i. Construction authorized by this agreement shall be completed 'not later than July 31, 1916. Time is of the essence. LICENSE AGREEMENT - Page 10 PROJECT: 143050 DATE: November 8, 1995 DESCRIPTION FOR WHITESTONE ESTATES SUBDIVISION r1 PORTION OF LOT 7 VAN BEES SUBDIVISION AND A PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 SECTION 14 TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of Lot 7 Van Hees Subdivision and a portion of the West 1/2 of the East 1/2 of the Northeast 1/4„Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Northeast corner of the said Northeast 1/4 of Section 14; thence along the Easterly boundary of the said Northeast 1/4 of Section 14, said Easterly boundary also being the centerline of South Linder Road, South 00033'08” West 573.41 feet to an iron Pin; thence leaving said Easterly boundary and centerline, South West 46.06 feet to a 2" galvanized pipe marking a point on the Southerly right-of-way of Ten Mile Drain, said 2" galvanized pipe also being the REAL POINT OF BEGINNING (Initial Point); thence along the Southerly right-of-way of Ten Mile Drain the following courses and distances; thence continuing South 78014'15- West 634.18 to an iron pin, said iron pin marking the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222; thence along said WesterlY boundary, North 00033'43" East 28.98 feet to an iron pin; k: thence leaving said Westerly boundary of Van Hees Subdivision, South 75007'43" West 689.47 feet to iron pin marking a point on the Westerly boundary of the said West 1/Z of the East 1/2 of the Northeast 1/4, Section 14; thence leaving said Southerly right -of --way and along said Westerly boundary, South 00°34' 18" West 568.79 feet to an iron pin; IS - thence leaving said Westerly boundary, South 89°25'42" East 100.00 feat to an iron pin; thence North 44°42'07" Fast 71.81 feet to an iron pin; thence South 89°25'42" East 105.00 feet to an iron pin;' thence North 00°34'18" Fast 357.70 feet to an iron pin; } ` thence South 89°25'42" East 105.00 feet to an iron pin; thence North 59°23' 19" East 58.44 feet to an iron pin; thence South 89025'42" East 100.00 feet to an iron pin: EXHIBIT A thence North 00°34' 18" East 11.49 feet to an iron pin; thence South 89°25'42" East 80.00 feet to an iron pin; thence North 75°31'43" East 165.68 feet to an iron pin; thence North 80°01'21" East 95.86 feet to an iron pin; thence South 73°55'37" East 166.06 feet to an iron pin; thence North 00°33'08" East 22.99 feet to an iron pin; thence South 89026'52" East 100.00 feet to an iron pin; thence South 89048'16" East 50.00 feet to`an iron pin; thence South 89°26'52" East 150.00 feet to an iron pin marking the Westerly right -of --way of South Linder Road: 4 thence along said Westerly right-of-way, North 00°33'08" East 372.68 feet to an iron pin; thence leaving said Westerly right -of --way, South 78°14' 15" West 20.47 feet to the point of beginning. Comprising 10.27 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: PACIFIC LAND SURVEYORS John T., (Tom) Eddy, P.L.S. M:beb 0 E w , • I _` 1 � � i .{.•_ i :-.mss« . •d.. (_ ,ri : I MERIDIAN y*d.; : , R.4 R-4 Rr+ iRP { •.. : I sr L;N (4: .. �"CL LL :R•14 U , r I i �'r !AP -2* _ I a; _ AP -2* I ran -7 — , ;3 .w _'E3 O» I.l, . i.. Co t App � t� •J` • e ®' _ TSN MI Lt = . _ �' •wy . ' Itsx4141AoIQ • a ■ a • a �► t • .r, �j s .I.w..�» `��� •v •y ,I _ Y • n^ rasa t � 1= ■ 1 • , � •�.. .. '�.\•. s alai al s It , o• t aj al siC;� aj : � .• . PRIMROSE SUB. ' EXHIBIT 3 28 February 1996 Keith L. Jacobs, Jr.- Pacific Land Surveyors 290 North -Maple Grove Road Boise, Idaho 83704 g +,.. CITY OF M-ERIDIA: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888.6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 32.5-2431 Re: IWhitestone Estates Subdivision Dear Keith: We,, have received and reviewed the plans for Phase 1 of the above mentioned project. The plans indicate that the storm drainage is to be collected and retained in ponds and then released into the Tenmile Drain at pre -development flows. The Tenmile Drain is a Federal Government contract drain. Please contact John'Caywood at the Bureau of Reclamation for their input on the drainage. Nampa & Meridian Irrigation District has an 100 foot easement on the Tenmile Drain (50 feet from the center each way). Any encroachment within this 100 foot easement must be under a License Agreement. The review of the pressure irrigation indicates the 7.5 hp pump with 250 feet of head is over designed. Two smaller pumps with 150 feet of head would be better. We would recommend the 'design be reassessed. It appears water is to be pumped from the-Tenmile Drain. Nampa & Meridian Irrigation District must own and operate the system if this is the plan. The water right Ris delivered from the Kennedy Lateral and this water must be made available to the pump site, also. If Nampa & Meridian Irrigation District 4is to own, operate and maintain the irrigation system, a signed contract is required. This needs the developers prompt attention. Nampa & Meridian -Irrigation District's attorneys, can be reached at 342-4591. Contact- Daniel Steenson for the discharge and encroachment agreement and Laura Burri for the irrigation contract. Sincerely, Bill Henson y Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent h Daniel Steenson Laura Burri John Sharp qty of Meridian Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40 CC0 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief y WAYNE G. CROOKSTON, JR., Attorney r February 24, 1996 Mr. Keith L. Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, Idaho 83704 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 y Motor Vehicle0rivers License (208) 888-4443 ROBERT D. CORRIE Mayor RE: WHITESTONE ESTATES -SUBDIVISION; Dear Keith: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Pursuant to our recent meeting with your client I have researched my file for information concerning the sewering of the approximate 10 acre parcel north of this subdivision between the Ten Mile Creek and Franklin Road. The only thing I can find is the letter you wrote to me on April 13, 1995 and a subdivision preliminary plat map I apparently received with that letter on April 17, 1995 titled "Sewer Layout." I don't find any evidence that I responded to that letter and obviously I should have. As I mentioned during our meeting, the City Council has always had a policy of not allowing a development to sewer into a drainage other than the one the development can naturally gravity flow into. I made an error by not voicing my concern at the beginning. Future decisions for me along this line have been made a lot easier because of the issues with this subdivision. You may proceed to show the sewer line crossing under the Ten Mile Creek for future sewer service to this ten acre parcel owned by your client. Please be advised, and make your client aware, that my approval of this stub line does not guarantee sewer service to this parcel nor does it guarantee any approval for development. Sewer service is always subject to capacity in the collection system and at the treatment plant. Land use approval is given by the City Council. I understand our review of the development plans for this subdivision have been returned to you and that you have made the requested changes excepting the issue with the Ten Mile Creek crossing. We will review these plans as soon as you return them so that you can continue the process to construction. I assume you have been in contact with the Nampa & Meridian k Irrigation District for a license agreement to locate sewer within their existing easement. If you have any questions give me a call. Page 2 Sincerely, lb Gary D. Smith, PE `City Engineer cc: File Whitestone Subdivision Van Hees Builders, Inc. 410 S. Orchard, Suite 124 Boise, Idaho 83705 December 15, 1995 The Honorable Grant Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID 83642 Dear Mayor, -L (208) 344-9566 Thank you for your review and approval of the final plat of the -first phase of ,�Whitestone Estates of the December 5, 1995; council meeting. It will be a quality, subdivision providing`a source of pride for the families that live there and a great additiom to the City of Meridian. We are now reviewing the Meridian housing market to determine the best use of the remaining 10 acres between the Ten Mile Drain and Franklin Road in the Kelley forty. Our market research shows that there are a growing number of buyers who lead a lifestyle that requires a relatively 'maintenance -free style of living; namely singles and seniors. A PUD of attached single-family homes with a density of 12 to 15 units per acre, -would provide homes for a market that is not currently -being met. Individual home ownership would guarantee a park -like environment similar to more than 300 units that'Van Hees Builders Inc. has crafted in the past. The exterior of all buildings and all grounds would be maintained by a Homeowners Association. This insures that a project of this type will receive first-rate care. We are now investigating how to achieve proper zone classifications with your City Planning Director and determine what avenues we need to follow to receive approval _ of such a project. Again, itis our goal to -build a quality project that will be a source of pride for us as a Builder/Developer for our buyers and for the City of Meridian. ees _ cc: Shari S: Stiles; P & Z Administrator Gary D.- Smith, City Engineer Construction Management Our Specialty y Van Hees Builders, Inc. 410 S. Orchard, Suite 124 Boise, Idaho 83705 (208) 344-9566 December 15, 1995 `T Councilman Robert D. Corrie City of Meridian 33 East Idaho Meridian, ID 83642 Dear Bob, L Thank you.for your review and approval of the final"plat of the first phase of Whitestone Estates at the December 5, 1995, council meeting. It will be a quality subdivision providing a source of pride for the families that live there and a great addition to the City of Meridian. We are now reviewing the ,Meridian. housing market to determine the best use of the remaining 10 acres between the Ten Mile Drain and Franklin Road in the Kelley forty. Our market -research shows that there are a growing number of buyers who lead a lifestyle that requires a relatively maintenance -free style of living, namely singles and seniors. A PUD of attached single-family homes with a density of 12 to 15 units per acre, would provide homes for a market that is not currently being met. Individual home ownership would guarantee a park -like environment similar to more than 300 units that Van Hees Builders Inc. has crafted in the past. The exterior` of all buildings and all grounds would be maintained by a Homeowners Association. This insures that a project of this type will receive first-rate care. We are now investigating how to achieve proper zone classifications with your City Planning Director and determine what avenues7'we heed to follow `to receive approv l' of such a project. Again, it is our goal to build a quality .project that will be a source of pride for us as a Builder/Developer for our buyers and for the City of Meridian. Sin ely, Larry. Van Hees cc: Shari -S. Stiles, P & Z Administrator Gary D. Smith, City Engineer Construction Management Our Specialty SUBDIVISION EVALUATION SHEET Proposed Development Name 1WHITESTON STATES SUB City MERI[?IAN Date Reviewed 04/25/95 Preliminary Stage XXXXX Fina! Engineer/Developer Pacific Land Surveyors / Whitestone Partnership ,r. 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 Meridian City Street Name Ordinance. The following existing street names shall appear on the olat as: "W. FRANKLIN ROAD" "W. WALTMAN STREET" "S. LINDER ROAD" "W. GREENHEAD DRIVE" The fol lowing"proPosed street names are°approved and shall appear on the plat as "S. MALACHITE AVENUE" "S. MOONSTONE WAY" "MICA" is a duplication and therefore cannot be used. "BASALT" is a duplication and therefore cannot be used. 111G auuve street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COM Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor City of Meridian. Representative Meridian Fire Dept. Representative EPRESENTATIVES OR DESIGNEES Date �AhS� Date 3t) J ---j y— DateII 3c ? S 7 Date NOTE: A copy of this evaluation sheet must be presented to'the Ada County Engineer at the time of signing the "final plat otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS i O I o CD / 3 � D i O r O � N r W i R ENNEAD DRI w m N - N N p N ;MOONSTONE DRIVE cn ~ N W iP T �t Ck W N RECEIVED SEP 251995 PLS sc�ede- �7 Meridian City Council December 5, 1995 Page 19: Crookston: I would doubt it. Kingsford: I think it ought to be tabled then with items 6 and 7 and deal with it at the same time. i. think we have those findings'prepared and ready to be deal with them but it is inappropriate to grant a variance on. something that is not in the City. Yerrington: I move that we table to our next regular meeting on the 19th. Corrie: Second Kingsford: Moved by Max, secondby Bob to table item 10 to the next meeting December �19 ...all. those m favor�Opposed �s.- � -..-.....::.. ..fir .. .�-. _..a...a. - MOTION -,CARRIED: All Yea ITEM #1'1: ORDINANCE #720 - BILLY QUINN ANNEXATION: Kingsford: AN OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL -- PROPERTY WHICH,IS DESCRIBED AS -A PARCEL OF LAND IN THE NW 1/4 OF THE •__- .- -SW-1/4-OF-SECTION-6, T--.3N--R 1E-.BOSMERDIAN; ADA -AND-- ; , A - _"- PROVIDING AND EFFECTIVE DATE. Is there anyone from the public that would like -to have Ordinance #720 read in its entirety? Seeing none I would entertain a motion on -- •-r-Ordinance�No.- 720: - Yerrington: Mr. Mayor, l move that we adopt Ordinance #720 with the suspension of the rules. Corrie:. Second Kingsford:.. Moved., by Max; second by Bob to approve of Ordinance #720 with the suspension of the Rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie - Yea, MOTION CARRIED: All Yea ITEM #12: FINAL, PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: Kingsford: Does the Council have any question on the final plat for Whitestone Estates? Meridian City Council December 5, 1995 Page 20 Corrie: Mr. Mayor, I have one question, is the;" who is the developer, are they here? Kingsford: Mr. Van Hees, would you come forward please? Corrie: I have one question in reference to the Fire Department and its comment. I know that it is becoming quite a problem but they ask that before you start building homes out there that you get all the signs up on the streets put up for fire protection. As we are getting bigger'and we can't seem to not necessarily find them but it is easier when ,they have the street signs up. Van Hees: I don't have any problem with.that. Corrie: Because the rest of them you have addressed and there was no problem. Thank you. Kingsford: Any other questions of the Council? Morrow I have a couple of questions for Mr. Van Hees, you talked a little bit about a bike - :_path ,and _pedestrian,�bridge�and.those kinds of. things.M,Can you address those issues. I —be Iieve that=we -have, _those_were questions -<that were � spelled out in Shari Stiles -s comments. Have you seen her comments? Van Hees: Yes I have, I got a copy of those yesterday. Mayor and Council, I would like to address that one issue and it is #2 submit a bike path plan for the area adjacent to Ten Mile Drain. Throughout all of our discussion I am not sure that was ever an issue that there be a bike path there. I want you to know that (.don't have a problem with it because as we continue development along on both sides of Ten Mile Drain I think it is probably advantageous to us to have a bike path along there: However I am a little bit concerned because when it is'put in as a requirement at this late date I would not want you to table this subdivision because of that. I know back in the findings of fact dated June 8'there was a comment and the comment that we had is that this is a prior annexation a previous planning director stated that a green belt along the Nine Mile Creek and coordination was needed with the bike pathway plan and such comment is equally applicable to the Ten Mile Drain. It was just a comment basically that maybe this would be applicable but it was never any direct requirement to us that we work. And I am not even sure what the pathway plan is does the City have a pathwayplan. I am not sure that there is a,pathway plan that we live according to. I actually asked some questions on that several times and never got an answer and it was never a question. tonight we -are here to approve the final plat. I would just like you to know that I think it is to our advantage to do it. We have several phases there and we are looking at requesting a change in density for the parcel of ground on the other side of Ten Mile drain that borders on Franklin Road. We would like to do a Meridian City Council December 5, 1995 Page 21 different kind of a development there but that is down the road a year or two. If the path would be on the other side of the drain and we wouldn't be able to do anything with it until that time anyway. If you want to just state that would be required upon further development there l ..don't have a problem there but I just request that you not hold it up for that because think it is as much to our advantage as to yours and we want to do a good plan there. One other question I have and that is in the letter to you from Shari Stiles, item #7, a development agreement is required as a condition of annexation. An agreement has not yet been drafted for this subdivision, it is my understanding that agreement is drafted by your department and.we were told that apparentlythersqueaky wheel needs some grease and'maybe we were"supposed to berequestingthat. I would just like you to know that when it is prepared that we would agree to sign that and we know that is coming up. I also _-----would, like that not to be a condition for.your approval- of the final plat. If -you have any other=M questions I would be glad to address them. n Kingsford -Any: other_questions Mr. Morrow? Morrow: I have none of Mr: Van Hees I have some of Shari. Kingsford; Max?, Thank you sir. Go ahead Mr. Morrow. Morrow: Shari can you address this issue with respect to the bike path and the status of the development agreement. I would think that this is a month or so ago in our planning session we talked about, changing he development agreement to a check list type of an agreement is this one of the first properties that will bedone in.that manner is that what we are talking about here? Stiles: -Councilman Morrow and Council the ordinance I believe for this annexation requires that a development agreement be entered into. As far as the bike path is concerned it is shown in our comprehensive plan and it is there is a ridge to rivers pathway plan that dictates:how.these paths are built. The initial plat that was submitted, the preliminary plat that was approved it was a contention of the applicant's representative that the plat did not include any of that right of way or that it was not a part of that Ten Mile Creek. Now that they have submitted this final plat it has changed to show the Bureau of Reclamations right of way through there and I do think it important that it be included now as part of this plat because of what is existing on the other side of that right of way and the private property owner that lives on the other side of the creek. So that is why it wasn't initially spelled out as that because the applicant had represented that they would do that in a future phase on the other side of the creek. But I think the way the, right of way exists it should be incorporated as part of the plat. Morrow: Then my question still with respect to the development agreement, we are doing Meridian City Council December 5, 1995 Page 22 a new format on development agreements how instead of the lengthy ones that we had before we are going just an itemized list of what it is that we want as a City on the development agreement. is this project one of those that, we are doing in the new format? recognize that the ordinance requires the development agreement. Stiles: I guess I would have to ask Counsel since the ordinances does specifically spell out that the applicant will enter into a development agreement where that leaves us. Kingsford: is that punch list qualifying as a development agreement I think is what Mr. Morrow is asking, I would think it would. Morrow: Well we have talked about going°away from the bulky ones=that we were having a lot of problems with not only, our people understanding but with the development community understanding. We made the commitment that we were going to a punch list type of a development agreement check off development agreement. What I am asking her of staff is that, is this.a parcel that we are going to do that with? Because there is not a lengthy development agreement that has been crafted as i understand it is that right? Kingsford: So 1 guess Shari's question to WayneAhatI would like to hear the answer to is since that -is in the development agreement itthatsomething that we -can do with a punch list and call it a development agreement? i think that is what Councils' intent was. Crookston: The ordinance just says a development agreement it doesn't set forth the type of development agreement that we have been using for the last 2 years. So it would suffice to use the checklist type of agreement. But the ordinance still requires an agreement. Kingsford: So we would have to prepare that punch list to meet that. Crookston I believe in the past many of the developers have actually prepared the agreements have they not Shari? Stiles: Some of them have crafted agreements using our master Morrow: I think our intent in terms of we have talked about it is that process stop and that we craft the punch list very similar to the punch fist that we are currently given by both you and Gary as we go through this process. P & Z gets those same types of comments and it would appear to me that itis the City's it is in the City's best interest,to craft that punch list of things that we expect that developer to come and agree to and accomplish. Stiles: So Mr. Morrow, you would like the conditions of approval to be broken down prior for those items to be completed prior to signature on the final plat and those prior to Meridian Gity Council December 5, 1995 Page 23 obtaining construction permits and then conditions prior to obtaining a certificate of occupancy. Kingsford: I think what he is saying Shari is that one of the or there ought to be a spot on that punch list for the developer to acknowledge that yes I am going to do these. That then becomes the development agreement. And that could just be a line saying yes, l understand that these are the requirements that I have to meet and the initials (inaudible). Stiles: The only problem that I see with that is if there is a transfer of ownership because then those conditions do not necessarily transfer- to a new owner legally. Kingsford: You put that` as one of the requirements then on it that they follow their successors. Mr. Van Hees if you would come back up, I guess one of the -issues that Shari brought up with regard to the ownership across the°ditch. I might have read between the lines but I understood you`to say that you owned the property on the other side of the ditch. Van Hees: No, there are two different parcels involved there. In the Kelly 40 acres that is next door to that -other piece the Kelly's control -that and we are in a development agreement with them and we will be developing that whole 40. So we'do control both sides there. On that other, the 40 that borders on, or the property that borders on Linder Road that fronts on Linder Road we do not control that parcel there. Kingsford: So you' would understand then that a bike path would have to -be on this particular pardbl. M ' --,a- Van Hees: We don't own the property where that bike path is in fact that has been a kind of a problem. We have had 4 title companies try and determine who owns the right of way on that ditch. I will tell you it is a very complicated issue and the Nampa Meridian no the Bureau of Reclamation is not even sure that the own that creek bed right now. Because there was some different deeds that were recorded and something about the succession of recording those deeds and there is a real question of what they own. The one parcel that they do own is a narrow strip, a spaghetti farm that is the whole length of that thing that goes. It is a half acre and it goes the full length. That is the parcel that they do own, they own it and that is where the bike path would be. If they agree to have it there. That is something that we need to work out them. They are really not too happy that they own it. They would just assume give it to you or give it to somebody and the only problem is, they even offered for us to work with you and perhaps go into. ownership. It is'going to take about a year to get it or better or maybe never get it. It is a real problem there. I think they would enter into an agreement to put a bike path there. 1 have been told that they will (inaudible). s Meridian City Council December 5, 1995 Page 24 Kingsford: We have had correspondence that the Bureau of Reclamation has been very amenable to bike paths and so forth. Nampa Meridian not so much so. Van Hees: Well, we are lucky we are dealing with the Bureau here Kingsford: Any other., questions of staff from Council? What is your pleasure? Morrow: Mr. Mayor, I would move that we approve the final plat for Whitestone Estates Subdivision. subject to the resolution of the bike'path issue, the development agreement, the timing of pedestrian bridges issues and upon completion of those authorize the Mayor to sign and the City Clerk to attest on the final plat and Gary Smith to sign the final plaf: Kingsford: I really appreciate the Councilman's requirement for me to sign but I don't do those on the plats. But the others would .be glad to sign if that is the Council's concurrence. Is there a second on the motion? Yerrington: Second Kingsford: Moved byWalt, second by Max to approve of the Final plat.subject to resolution of the bike path issue, completion.,of the development punch list and the resolution of a foot bridge, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINAL PLAT FOR MORNING GLORY SUBDIVISION NO. 1 BY RUSSELL HUNNEMILLER: Kingsford: Questions of the Council for Mr: Hunnemiller? Morrow: I think what I would like to hear is a presentation by both Gary and Shari they have a rather lengthy, list of comnments, site specific comments, in Gary's case of 17. The major issue in my mind was item 17, the drainage flooding and rthe pictures that are part of the presentation. And then obviously Bill Henson of Nampa Meridian has indicated some concern about the drainage water and the ditches. And then Shari has some 6 items on her list. Kingsford: Gary, Shati who wants to be first?, Stiles: Mr. Mayor and Council, I had no major problems with this plat. I guess the main thing would be the issue of the variance. It was pretty clear during the preliminary plat approval that their intent was to fence that canal. The only thing was that there is not a SUBJECT: Final Plat for Whitestone Estates Subdivision by Whitestone Partnership This final plat generally conforms to the approved preliminary plat. Two lots have been deleted on the cul-de-sac because of a conflict involving Bureau of Reclamation right-of-way along Ten Mile Creek. 1. Applicant to submit detailed landscape plan of berm along Linder Road for approval prior to construction. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 2. Submit bike path plan for area adjacent to Ten Mile Drain, including pedestrian bridge, prior to obtaining building permits. Coordinate with Bureau of Reclamation and Nampa -Meridian Irrigation District for design approval. It is my understanding that the Bureau of Reclamation will allow a path to be built within the existing right-of-way at the City's request. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 3. Permanent perimeter fencing is required to be in place prior to obtaining building permits. 4. Non-combustible fencing shall be installed along Ten Mile Creek prior to obtaining building permits. 5. Lots 9-17, Block 1, have lot fines which are on the top of the existing bank of Ten Mile Creek (see attached drawing supplied by Applicant's representative). Special consideration needs to be made to ensure the non-combustible fence is sturdily constructed to remain in place, not encroach the existing easement and still allow a minimum 8,000 -square -foot lot. Lots 9 and 10, Block 1, should allow a distance from the top of bank to allow connection to Ten Mile Creek pathway. OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY O� MERIDIAN MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L7 STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM SHEARER W.L. "BILLGORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 WAYNE G.. CROOKSTON, JR., Attorney CHARLIE ROUNTREE TIM HEPPER MEMORANDUM GRANT P. KINGSFORD Mayor - TO: Mayor andel Council FROM: Shari;�i11� 8 Administrator DATE: December` 4, 1995 ' SUBJECT: Final Plat for Whitestone Estates Subdivision by Whitestone Partnership This final plat generally conforms to the approved preliminary plat. Two lots have been deleted on the cul-de-sac because of a conflict involving Bureau of Reclamation right-of-way along Ten Mile Creek. 1. Applicant to submit detailed landscape plan of berm along Linder Road for approval prior to construction. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 2. Submit bike path plan for area adjacent to Ten Mile Drain, including pedestrian bridge, prior to obtaining building permits. Coordinate with Bureau of Reclamation and Nampa -Meridian Irrigation District for design approval. It is my understanding that the Bureau of Reclamation will allow a path to be built within the existing right-of-way at the City's request. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 3. Permanent perimeter fencing is required to be in place prior to obtaining building permits. 4. Non-combustible fencing shall be installed along Ten Mile Creek prior to obtaining building permits. 5. Lots 9-17, Block 1, have lot fines which are on the top of the existing bank of Ten Mile Creek (see attached drawing supplied by Applicant's representative). Special consideration needs to be made to ensure the non-combustible fence is sturdily constructed to remain in place, not encroach the existing easement and still allow a minimum 8,000 -square -foot lot. Lots 9 and 10, Block 1, should allow a distance from the top of bank to allow connection to Ten Mile Creek pathway. �r. Mayor and Council December 4, 1995 �. Page Two 6. All ditches on the site, with the exception of Ten Mile Creek, are to be tiled per City Ordinance unless a variance is granted by the Meridian City Council. F , 7. A development agreement is required as a condition of annexation. An agreement has not yet been drafted for this subdivision. Details of the bike.path are of particular concern. 8. I have not yet seen a copy of the, proposed restrictive covenants for this subdivision. This was requested during the preliminary plat stage. 9. Where is the proposed lift station that was formerly shown next to Lot 17, Block 1? 10. Submit letters of approval from the Bureau of Reclamation and Nampa -Meridian Irrigation District. 11. Please respond, in writing, to each of the comments listed above. a t q, f MERIDIAN CITY COUNCIL MEETING: DECEMBER 5. 1995 APPLICANT: WHITESTONE PARTNERSHIP ITEM NUMBER; 11 REQUEST; FINAL PLAT FOR WHITESTONE ESTATES SUBDIVISION 11 Materials presented at public meetings shall become property of the City of Meridian 4 AGENCY COMMENTS CITY CLERK: ` CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: n MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: WATER DEPARTMENT SEE ATTACHED COMMENTS 11 Materials presented at public meetings shall become property of the City of Meridian WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF, MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208)1888-4443 GRANT P. KINGSFORD MEMORANDUM: Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WHITESTONE ESTATES SUBDIVISION (Final Plat - By Whitestone Partnership) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 28, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1.. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review.. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C:\VVPWIN60\GENERAL\WIHTF-STN.C-C Mayor and Council November 29, 1995 Page 2 7. Prior to the hearing, please address in writing each of the comment within this memorandum, both "General" and "Site Specific", to the City Engineer's office. SITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. Some very minor boundary line revisions were made due to a discrepancy in records. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision and street names. Make any corrections necessary to conform. 3. Lot 2, Block 4 doesn't meet the minimum 80 foot street frontage required in an R-4 Zone along the S. Mica Avenue frontages. Indicate on the Final Plat map the front on this Lot being W. Greenhead Drive. . 4. Verify that the Net Square Footage of all Lots meets or exceeds the minimum allowed in an R-4 Zone. The Net Square Footage shall be determined exclusive of streets, highways, alleys, roads, right-of-ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. (Ord. 592, 11/17/92) 5. Please add or revise the following notes: (2.) ...time of re -subdivision, or as allowed by Conditional, Use. (4.) ... and irrigation easement, except as otherwise dimensioned. (8.) ...the Whitestone Estates Home Owner's Association. (10.) ... square feet of li ring space. 6. A 50 foot radius temporary turn around is required at the S. end of Mica Avenue. 7. Complete the notation for the Corner Perpetuation & Filing by inserting the record instrument number on the Final Plat Map. 8. Label the NW corner of the NE 1 /4, NEI/4 as a 1/16 Corner so as to be consistent with the other corner notation shown. 9. Correct the: typographical error in the Certificate of Owner's on the line that reads: thence North 59 23?19? East... 10: Complete the CCR's recording information contained in the Certificate of Owner's prior to Plat recording.° C: \WPWIN60\GETIERAL\WHITESTN. GC Mayor and Council November 29, 1995 Page 3 11. Create a new note on the Plat map that creates a blanket easement on Lot 17, Block 1, in favor of the Ada County Highway District for the "Heavy Maintenance" of the stormwater facilities. The Homeowner's Association would own the Lot, and maintain the landscaping. Provide the . Public Works Department with written approvals from the Irrigation/Drainage District and/or other agency having jurisdiction of the Ten Mile Drain, for the discharge of drainage water. 12. The application submitted with this Final Plat indicates that the minimum square footage of structures shall be 1350, however the Plat Map'has the correct square footage of 1400. Plat Note No. 10 is to. be revised to, specify that the square footage is living space. C: VA WIN60\GENERAL\WHITESTN.0-C OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES. P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) BU4433 a FAX (208) 887-813 Public Works/Building Department (208) 887_2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJAN I JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whites one Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT. South of Franklin Road West of Linder Road JIM JOHNSON, P/Z MOE AL IDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS RELIM & FINAL PLAT) BUREAU OF REC l(PRELIM & FINAL PLAT) CITY FILES � YOUR CONCISE I01 1 �^ i�!.,u�J S31 HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFr, West* Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & 2 Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A.GOM Place to Live CITY OF MERIDLA N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-433 a FAX (206) 8874813 Public Works/Buik ing Department (206) 887-2211 GRANT P. KENGSFORD M"w RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW P l2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIEROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 28, 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of Franklin Road, West of Linder Road - JIM JOHNSON, P/Z -MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT .; POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 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.(PREUM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER:_ YOUR CONCISE REMARKS: CITY PLANNER e ,0—O Z 7r sf, _ .So F ;V S t.01,G e :.� e l i �ti i S 5 {•4 r7�� CENTRAL CENT KAL DISTRICT HEALTH DEPART HENT A• DISTRICT Environmental Health Division R��rn to: Bo ise' DEPARTMENT I'� V 2 19j3 ❑ Eagle Rezone #`�'ti-,?'e�,;� Garden city Conditional Us - .Meridian ❑ Kuna Preliminary Anal Short Plat�f%i'i'`� ❑ ACZ I ❑ ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system. MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date; f' l'•/ /5- 'ReviewedBy: � 5 22 Review Shet CDHD 10191 rcb, rev. 1/95 I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ , 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community 'sewage system ❑ community water ❑ sewage dry lines JETcentral water 10. Street Runoff is not to create a mosquito breeding problem. ❑ I I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system. MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date; f' l'•/ /5- 'ReviewedBy: � 5 22 Review Shet CDHD 10191 rcb, rev. 1/95 CENTRAL •• DISTRICT DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL s BOISE, ID. 83704 . (208) 375-5211. FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONBIENDATIONS We recommend that the first one half inch. of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this, project should obtain current best management practices for stormwater disposal and design a stormwater management system" that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE' PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR, STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada / Base County Otfice WIC Boise - Meridian Elmore County Office Elmore County Office Vdey County Office 707 N. Amutrong Pt. 1606 Roberts 520 E. 8th Street N. at Environmental Health P.O. Box 1448 Boise, ID. 83704 Boise, ID. Mountain Home, ID. 190 S. 4th Street E. McCall, ID. 83638 Enviro. Health: 327-7499 83705 Ph. 334.3355 83647 Ph. 587-4407 Mountain Home, ID, Ph. 634-7194 Family Planning: 327-7400 324 Meridian, ID. 83647 Ph. 587-9225 Immunizations: 327-7450 83642 Ph. 888.6525 Nutrition: 327.7460 WIC: 327-7488 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Enpinew BRUCE D. STUART, Water Works Supt, JOHN T. SHAWCROFT, Waste water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERT WALTW. MORMOOR IE W WALT WROW � P d Z COMMISSION 33 EAST IDAHO EN@9t1 9 F M JOHNSON, Chairman MERIDIAN, IDAHO 83642 V I JIM SHEARER, P/Z JIM HEARS JIM SHEARER Phone (206) 888433 • FAX (209) 887813 CHARLIE ROUNTREE 6 TIM HEPPER Public Works/Building Department (206) 687-2211 1 1995 GRANT P. XINGWORD NAMPA & MERIDIAN M,yor IRRIGATION DISTRIL 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ November 28, 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whitestone Estates Subdivision BY:_ Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of Franklin Road West of Linder Road Bill'Henson Assistant Water Superintendent Nampa & Meridian Irrigation District JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERMAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PREUM & FINAL PLAT)- t u $r WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT - CITY FILES BUILDING DEPARTMENT OTHER: - FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District`s POLICE DEPARTMENT Ten Mile Drain courses along the north boundary of the CITY ATTORNEY project. The right-of-way of the Ten Mile Drain is 100 CITY ENGINEER feet: 50 feet fron the center each way. See Idaho Code CITY PLANNER 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District. 466-0663 or 345-2431 for approval before any encroachment or change of right- of-way occurs. All laterals and waste ways must be protected Municipal surface drain- age must he-re-Lained on site,If any drainage ]paves the site. Nampa h Meridian Irriga- tion District mist review drainageplans. -It is rnrnn,,,endpd that irrigar_in_n_ water be made av Use a Land Change Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for her information. The Ten Mile Drain is a contract drain. Contact John Caywood, Bureau of Reclamation, 214 Broadway, Boise, Bill'Henson Assistant Water Superintendent Nampa & Meridian Irrigation District t OFFICIALS WILLIAM G. BERG, Jr„ City Clerk JANICE L GASS, City Treasurer GARY O. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P a 2 Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Allomey HUB OFTRE4SURE VALLEY _. A Good Place to Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 a FAX (208) 887-4813 _; Public Wodm/Builft Deparuw t (2p6) 887-222! GwwrPAM413 FORD N O V 2 '.t 1995 , ,, T V 0r Pi'hLYde latpA COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P a 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _November 28. 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whitestone Estates Subdivision BY:_ Whitestone Partnership LOCATION OF PROPERTY OR PROJECT.—South of Franklin Road West of Linder Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER; P/Z - CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNFV a 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. MST(PRELIM & FINAL PLAT) t INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRE IM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, Jr., City C JANICE L GASS, City TresaL,..r GARY D. SMITH, P.E. City Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STI LES, P d Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUR OF TREASURE VALLEY A Good Pin.. to Live C ` Y OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887.4813 Public Works/Building Deportment (208) 887.2211 GRANT P. MNGSFORD maw •'OUNCIL ME>!BERS ,J4AL0 R. TOLSMA MAX YERNINGTON ROBERT 0. CORRIE WALT W. MORROW P 11 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER t CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _November 28 1995 TRANSMITTAL DATE: 11/13/95 HEARING DATE: 12/5/95 REQUEST: Final Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT:-- South of Franklin Road, West of _Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/O WALT MORROW, C/C MAX YERRI O TER 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 RECEIVED CENTRAL DISTRICT HEALTH SEMPA MERIDIAN IRRIGATION TTLERS (IRRIGATION DISTRICT DISTRICT N 0 v 1 4 1995 IDAHO POWER CO.(PREUM & FINAL PLAT) Meridian City U.S. WEST(PRELIM & FINAL PLAT) Water Saperirten lent INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: - 11— 17-95 NOV2 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 November 30, 1995 Mr. Bruce Freckleton Assistant to City Engineer RECEIVED City of Meridian 33 East Idaho Avenue `° f' y Meridian, ID 83642 WMAN CITY ENGINEER Subject: Whitestone Estates Subdivision Dear Bruce: We have reviewed your memo of November 28, 1995 concerning the above -referenced subdivision. Listed below are our responses to your comments.$ GENERAL COMMENTS 1. Comment accepted. 2. Comment accepted. 3. Comment accepted. 4. Comment accepted. 5. Pressure irrigation system will be owned and maintained by the irrigation district. 6. The base flood elevation has not been determined. Reference Flood Insurance Rate Map Community -Panel Number 1600010231 C, Revised December 17, 1991. As near as we can determine, the Ten Mile Drain will be contained within he existing banks for the 100 -year event. 7. Comment accepted. SITE SPECIFIC COMMENTS 1. Comment accepted. 2. Comment accepted. PUS -B01 58-346 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation City of Meridian November 30, 1995 Page 2 3. Comment accepted. 4. Comment accepted. 5. Comment accepted: 6. Comment accepted. 7. Comment accepted. 8. Comment accepted. 9. Comment accepted. 10. Comment accepted. 11. Comment accepted. 12. Comment accepted. If you have any further questions or comments, please call me at 378-6385. Sincerely, PACIFIC LAND SURVEYORS, a division of POWER Engineers, Inc. Keith L. Jacobs, Jr., P. E. KLJ:smg PLS-BOI 53-346 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCI MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD MEMORANDUM: Mayor November 28, 1995 To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WHITESTONE ESTATES SUBDIVISION (Final Plat - By Whitestone Partnership) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide a statement as to, whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C: \WPW1N60\GENERAL\WMTFSTN. C -C Mayor and Council November 29, 1995 Page 2 7: Prior to the hearing, please address in writing -each of the comment within this memorandum, both "General" and "Site Specific", to the City Enginedr's office. ITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. Some very minor boundary line revisions were made due to a discrepancy in records. 2. Please submit a copy of the Ada County Street`Name Committee's approval letter for the Subdivision and street names. Make any corrections necessary to conform. 3. Lot 2, Block 4 doesn't meet the minimum 80 foot street frontage required in an R-4 Zone along the S. Mica Avenue frontages. Indicate on the Final Plat map the front on this Lot being W. Greenhead Drive. 4. Verify that the Net Square Footage of all Lots meets or exceeds the minimum allowed in an R-4 Zone. The Net Square Footage shall be determined exclusive of streets, highways, alleys, roads, right-of-ways, irrigation easements and land which is used f conveyance of irrigation water, drainage water, creek or river flows. (Ord. 59 , 1/17 95) 5. Please add or revise the following notes: (2.) ...time of re -subdivision, or as allowed by Conditional Use. (4.) ... and irrigation easement, except as otherwise dimensioned (8.) ...the Whitestone Estates Home Owner's Association. (10.) ... square feet ofliving space. 6. A 50 foot radius temporary turn around is required at the S. end of Mica Avenue. 7. Complete the notation for the Corner Perpetuation & Filing by inserting the record instrument number on the Final Plat Map. 8. Label the NW corner of the NEI/4, NEI/4 as a 1/16 Corner so as to be consistent with the other corner notation shown. 9. Correct the typographical error in the Certificate of Owner's on the line that reads: thence North 59 23?19? East... 10. Complete the CCR's recording information contained in the Certificate of Owner's prior to Plat recording. C: \WPWIN60\GENERAL\wHITFSTN.4C Mayor and Council November 29, 1995 Page 3 11. Create a new .note on the Plat map that creates a blanket easement on Lot 17, Block 1, in favor of the Ada County Highway District for the "Heavy Maintenance" of the stormwater facilities. The Homeowner's Association would own the Lot, and maintain the landscaping. Provide the Public Works Department with written approvals from the. Irrigation/Drainage District and/or other agency having jurisdiction of the Ten Mile Drain, for the discharge of drainage water. 12. The application submitted with this Final Plat indicates that the minimum square footage of structures shall be 1350, however the Plat Map has the correct square footage of 1400. Plat Note No. 10 is to be revised to specify that the square footage is living space. C:iWPWIN60\GENE AL\WfflMI _C -C v MERIDIAN CITY COUNCIL MEETING: OCTOBER 3.1995 APPLICANT: WHITESTONE PARTNERSHIP ITEM NUMBER; 10 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WHITESTONE ESTATES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OFLAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WHITESTONE PARTNERSHIP FOR A VARIANCE FROM 11-9-605 E. FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on September 19, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its representative, Charles Eddy, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing on September 19, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 19, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 E. requires that blocks shall not FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 1 be less than five hundred feet nor more than one thousand feet in length; that 11-9-612 A 1. states as follows, pertaining to variances of the Subdivision and Development Ordinance: Purpose: The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 4. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 5. That the property is zoned R-4 Residential. 6. The Applicant is not the owner of record of the property but the owners of record are J. Perry Kelley and Sally R. Kelley, Weiser, Idaho, Evaline Humphreys, Meridian, Idaho and the Florence and Harlan Family Trust, Carol VanHees, Trustee, Meridian, Idaho and have consented annexation and development of the property. 7. That the Applicant has requested that it be granted a variance from the above requirements and be allowed to have a= block length of greater than 1,000 feet for one (1) block, Block 8, which is lying in the southern half of the subdivision and stated in its Application the following statements: "This property's shape is similar to an upside down L. This property is approximately 1,700 feet long North/South and 1,300 feet East/West. This configuration does not provide for a typical block layout. We are requesting a variance from the maximum block length specification in the subdivision ordinance. Whitestone Estates currently has one Block, Block 8, which is in excess of 1000 feet." FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 2 "A stub street has been added to Block 2 to create Block S. Adding stub street brings Block 2 in compliance with the subdivision ordinance. However, Block 8 exceeds the 1,000 feet maximum by approximately 300 feet." "A favorable decision concerning this variance would allow the applicant to retain the current lot configuration and save any costs associated with building a stub street. Profit and convenience are not the sole reasons for this variance request." 7. That Charles Eddy testified that the Applicant understands the maximum block length requirement is to allow for safety of the lot owners within the subdivision as well as to promote interaction in the subdivision between i neighborhoods; that emergency vehicles will generally take the least restrictive route to an emergency; that Block 8 has two access points, one from Linder Road and two directly from Waltman Lane. 8. That Glen Rosenthal, of Primrose Subdivision, just on the south side of this property, testified that the neighbors concerns is in the entrance onto Waltman; that Waltman is a dead end street that is only about a half mile long; that any emergency vehicles are still going to come up Franklin and Linder; that we are really concerned about the additional traffic with such limited access onto Linder; that there are just too many homes without access onto Franklin. 9. That Jay Atwood and John Jaques testified regarding the traffic issue; that 145 new homes is going to add over 300 hundred additional vehicles to the area; that Mr. Jaques questioned what kind of impact is this going to have on our schools, shopping, well water and whether any studies have been done; that Mr. Jaques asked FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 3 regarding the water and sewer and how that was coming in and that this will tear up Linder Road again. That Councilman Walt Morrow, head of the Ada County Citizens Advisory Board for the Ada County Highway District attempted to answer Mr. Jaques' concerns regarding the traffic question; that a design for a five (5) lane rebuild of the intersection at Franklin and Linder has been done; that the budgeting process of ACRD has caused the project to be delayed until 1998; that the City Council, in looking at the plats of the proposed subdivisions, sees the need for stub streets and the City we requires the subdivision to have stub roads to that when those other properties come along then it doesn't impact other areas; that in the future for this area there is an on/off ramp on Ten Mile and the freeway; that overpasses are Q planned for each road that doesn't have an on/off ramp. That Gary Smith answered Mr. Jaques' question regarding the sewer; that the sewer will cross Linder and go back into the Landing Subdivision, but that it won't go down the entire length of Linder. 10. John Maebitt, 1135 Laurel Court, testified that notifying people within 300 feet is not sufficient; that his personal experience is the road services on Waltman and Linder are really substandard road services; that unless these roads are completely rebuilt with a better surface, sidewalk, curbs and gutters, then there is going to be a real problem. 11. Richard Taylor offered testimony that maybe the, cart was before the horse and that the streets should be improved prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 4 that subdivision coming in; that stub streets have been turned down because of inadequacies and that these people that live out there now, are being asked to sacrifice what they moved out there for; that safety is a factor that must also be considered as, with more traffic, you have more speed. 12. That the City has not received the comments of the Ada County Highway District, the Planning Director, and City Engineer's Department and if they are received they shall be incorporated herein as if set forth in full. 13. That Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 14. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Development Ordinances; that 11-9-612 B 1. a.�states that the variance procedure shall follow requirements contained in 2-419. 3. That the City Council has judged this application by the FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 5 guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial--notice.- 4. udicialy-notice: 4. That the City Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612, Variances, of the Development Ordinance is noted which is pertinent to this Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2. FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 6 Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a benefit, profit, economic gain or convenience to the Applicant in that the Applicant would ultimately have less road way to construct and pave and would be able to possibly have an additional lot in the subdivision. 8. That there were people testifying at the public hearing, but there testimony did not address the variance and did not object to the granting of the variance; some of the testimony did address traffic, but the traffic within the subdivision does not appear to be affected by the granting of the variance. 9. That regarding Section 11-6-612 A it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable, but the Applicant has provided a stub street to the property to the east and the property to the east has access to Linder Road and to Waltman Lane. b. That strict compliance with the requirements of this Ordinance would not result in extraordinary hardship to the Applicant as a result of factors not self-inflicted, but there is no need for access to the property to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 7 C. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That if this variance were granted it would not mean that the property to the north would not have the ability to have an access route to public streets, because it has frontage on Waltman Lane and Linder Road. 10. That it is concluded the Application should be granted and the variance would be in the best interests of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) APPROVED: VOTED, VOTED, VOTED, VOTED, VOTED, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP k. Page - 8 DECISION Upon motion duly made and seconded, the Application of WHITESTONE PARTNERSHIP for a variance from 11-9-605 E, which variance would allow a block length greater than 1,000 feet, is hereby granted. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WHITESTONE PARTNERSHIP Page - 9 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 19 1995 APPLICANT: WHITESTONE PARTNERSHIP ITEM NUMBER; 15 REQUEST; PUBLIC HEARING: REQUST FOR A VARIANCE FOR WHITESTONE ESTATES SUED. All Materials presented at public meetings shall become property of the City of Meridian. S E P - 6 1595 CITY OF 11AEa IDW-1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: g CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" k CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: E INTERMOUNTAIN GAS: r BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. S E P - 6 1595 CITY OF 11AEa IDW-1 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 19,1995 APPLICANT: ITEM NUMBER; 10 REQUEST; ORDINANCE #712 - WHITESTONE 'ESTATES SUBDIVISION ANNEXATION COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR:, '-CITY-A--r-ff- CITYPOLICEDEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. f 11 thence leaving the said boundary of Van Hees Subdivision and continuing South 00033,4311 West 25.00 feet to a ANNEXATION ORDINANCE - WHITESTONE Page 1 ORDINANCE NO. 712 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS LOT 7 AND A PORTION OF LOT 8, VAN HEES SUBDIVISION, AND A PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4, SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDINGaAN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: __NOW`. THEREFORE.,___BE IT -'ORDAINED. -by the Mayor and City Council - of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being a Rezone of Lot 7 and a Portion of Lot 8 Van Hees Subdivision and a portion of the West 1/2 of the East 1/2 of the Northeast 1/4, Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Northeast corner of the said Northeast 1/4 of Section 14; thence along the Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, South 00°33108" West 1491.59 feet to a point, said point being the REAL POINT OF BEGINNING; thence leaving said Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, North 89013117" West 25.00 feet to a point, said point marking the Westerly right-of-way of South Linder road; thence leaving said Westerly right-of-way and continuing, North 89013117" West 639.72 to an iron pin, said iron pin marking the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page11222; thence along said Westerly boundary, South 00033143" West 1165.62 feet to an iron pin, said iron pin marking the Southwest corner of Van Hees Subdivision; thence leaving the said boundary of Van Hees Subdivision and continuing South 00033143" West 25.00 feet to a ANNEXATION ORDINANCE - WHITESTONE Page 1 a point, said point marking the centerline of West Waltman Street; thence along said centerline of West Waltman Street, North 89°12113" West 664.92 to a point; thence leaving said centerline of West Waltman Street and along the Westerly boundary of the said East 1/2 of the East 1/2, Section 14, North 00°34118" East 1861.12 feet to a point, said point marking the centerline of Ten Mile Drain; thence leaving said Westerly boundary of the said East 1/2 of East 1/2 of Section 14, and along the centerline Ten Mile Drain, North 75°07143" East 1304.38 feet to a point; thence continuing along the said centerline of Ten Mile Drain, South 88°37152" East 71.81 feet to a point, said point marking the centerline of South Linder Road and Easterly boundary of the said Northeast 1/4 of Section thence leaving said centerline of Ten Mile Drain and along the Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, South 00°33108" West 1021.83 feet to the POINT OF BEGINNING. Comprising 44.29 acres more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled, including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. ANNEXATION ORDINANCE - WSITESTONE Page 2 C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. 3.-,,--That,-the,-.City-.Clerk shall cause one ( 1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of September, 1995. ANNEXATION ORDINANCE - WHITESTONE Page 3 APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS LOT 7 AND A PORTION OF LOT 8, VAN HEES SUBDIVISION, AND A PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4, SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 712 by the City Council and Mayor of the City of Meridian, on the day of September, 1995, as the same appears in my office. DATED this day of September, 1995. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - WHITESTONE Page 4 STATE OF IDAHO,) . ss. County of Ada, ). On this day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - WHITESTONE Page 5 C00CENTRAL DISTRACT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division r = laeturn to: ti �` �ti� i ❑ Boise SEP ❑ Eagle ,�� `� i@'`;slit `❑ Garden city Conditional Use # 'Meridian ❑ Kuna Preliminary / Final / Short Plat ACZ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal groundwater ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve` this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. i ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment El grocery store ❑ I S. Date:. Reviewed By: Review Sheet CORD 10191 rcb, rev. 1195 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone rks/ 88ding D pPazatre 208) 887-4813 Public Works/Building nt (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 _ GRANT P. KNGSFORD 1 _ S EP 1995 Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P R Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 12, 1995 TRANSMITTAL DATE: 8/30/95 HEARING DATE: 9119/95 REQUEST: Varian a re4uest"for Whitestor a Estates Subdivision BY:_Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of Ten Mile Drain, West of Linder Road and North of Waltman Lane JIM JOHNSON, P/Z MOE ALIDJANI, PfZ JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the variance request for Whitestone Estates Subdivision. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District SEP 1 8 1995 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY "OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORME WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit -your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 12, 1995 TRANSMITTAL DATE: 8/30/95 HEARING DATE: 9/19/95 REQUEST: Variance request for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of Ten Mile Drain, West of Linder Road and North of Waltman Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER `—CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS ,IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Ms. Shari Stiles City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Subject: Whitestone Estates Subdivision Property Address: None - Applicant: Whitestone Partnership Property Owners: J. Perry & Sally Kelly 1805 Kinsell Weiser, Idaho 83672 August 24, 1995 Variance Evaline Humphreys 345 S. Linder Road Meridian, Idaho 83642 Florence && Harlan Family Trust Carol Van Hees Trustee 420 W. Carlton Ave. Meridian, Idaho 83642 Property Description: A re -subdivision of Lot 7 and a portion of Lot 8 Van Hees Subdivision and a,portion of the W 1/2 E 1/2 NE 1/4, -Section 14, T.3N., R.1 W., B.M., Meridian, Ada County; Idaho. Dear Shari: The present land use for this land is pasture ground in the existing Ada County zone of Rural Transition. This' parcel has been master planned for a 145 -lot, single-family development. The master plan for Whitestone Estates Subdivision is enclosed as a part of this application. This property's shape is similar to.an upside down L. This property is approximately 1,700 feet long-North/South and 1,300 feet East/West. This configuration does not provide for a typical block layout. We are requesting a variance from the maximum block length specification in the subdivision ordinance. Whitestone Estatescurrently has one Block, Block 8, which is in excess of 1000 feet. A stub street has been added to Block 2 to create Block 8. Adding the stub street brings Block 2 in compliance with the subdivision ordinance. However, Block 8 exceeds the 1,000 foot maximum by approximately 300 feet. The applicant understands the reasoning for the 1,000 foot maximum is to provide for safety of the home owners and to promote interaction between neighbors living on opposite sides of the block. Emergency personnel will follow the path of least resistance to arrive at their destination. Block 8 has two access points, one being from Linder road along Galena drive, and two being directly from Waltman Lane. These two points of access will be sufficient for emergency personnel to respond to calls from this neighborhood. Ada County Highway District 1 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation r has reviewed this project and has identified only the one stub street south of Galena drive and no stub streets east of Whitestone Way. Granting of this variance will not confer onto the applicant any special privilege that was denied by this ordinance to other lands. This variance will comply with the existing Comprehensive Plan. , A favorable decision concerningthis variance would allow the applicant to retain the current lot configuration and save any costs associated with building a stub street. Profit and convenience are not the sole reasons for this variance request. The property will be properly posted 1 week prior to the scheduled hearing to comply with the city of Meridian's requirements. If you have any questions, please contact me. 4 r 1805 Kinsell Dr. Weiser, ID 83672 April 18, 1995 City of Meridian Meridian, ID 83843 Ladies and Gentlemen: We hereby give notice that James Perry Kelley and Sally R. Kelley, husband and wife, have entered into an agreement with Larry Van Hees and Carol Snyder, otherwise known as Whitestone Partnerships, to annex our property West 1/2 of the East 1/2 of the N/E 1/4, Section 14, Township 3 North, Range 1 West, Boise Meridian in Ada County, State of Idaho (1845 Franklin) and to develop said property for residential lots. 1 ,— James Perry Ke�ley Sall R. Kelley Subscribed and sworn to'%before me this 181h clay of April, 1995. �1 Notary Public for Idaho Residing at"Weiser, Idaho My Commission Expires: 10-1-99 April 25, 1995 City of Meridian Meridian, Idaho 83642 Ladies and Gentlemen: Notice is hereby given that Evaline Humphereys, a single person, has entered into an agreement with Larry Van Hees and Carol Snyder, otherwise known as Whitestone Partnerships, to annex: Lot ,8, Van Hees Subdivision and to develop said property for residential lots. Evaline Humphreys Subscribed and sworn to before methhis\r day of April, 1995. n2iy Public for Idaho R iding at Weiser, Idaho My Commission Expires: s � - t. August 25, 1995 3. City of Meridian Meridian, Idaho 83642 We,hereby give notice that the Harlan and Florence Van Hees Family Trust have entered into an agreement with Larry D. Van Hees and Carol J. Snyder, otherwise known as Whitestone.Partnership, to annex our our property: Van HeesSubdivision: Lot 7, E. 1/2 of the E.1/2 of the NEI/4 of Sec 11, T3N,R.IW.B.M. and to develope said property for resid STATE OF IDAHO County of, ADA On this 25th day of August, 1995, personally appeared before me Carol J. Snyder, Trustee for the Van Hees Family Trust, known to, me to be the person whose name -is subscribed to above document. SEAL Notary Public Residing at Boise, Idaho My commission expires 3-7-2000 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5.1995 APPLICANT: WHiTESTONE PARTNERSHIP ITEM NUMBER; 1&2 REQUEST; ANNEXATIONRONING/PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBD. AGEN CY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I MERIDIAN CITY COI INCIL MEETING: AUGUST 15, 1995 APPLICANT: WHITESTONE PARTNESHIP ITEM -NUMBER; 11 & 12 REQUEST; ANNEXATION/ZONING/PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION GA ENCY COMMENTS CITY CLERK: MINUTES FROM 5-9-95 P & Z c CITY ENGINEER: SEE ATTACHED COMMENTS r CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS x CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: i MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: r ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS" CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS t NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: } US -WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: 11 Materials presented at public meetings shall become property of the City of Meridian. 1 Meridian Planning & Zoning Commission C May 9, 1995 I Page 33 Crookston: We don't address variances. Johnson: We doh't the City Council does, that is your other avenue. Seeing no else I will close the public hearing at this time. What would you like to do with this, these people that are being forced to come to Meridian. Hepper: Mr. Chairman, l move we have the City Attorney prepare findings of facts on this parcel. Rountree: Second Johnson: We have a motion to have the City Attorney prepare findings of fact and conclusions of law; :ail those in favor? Opposed? l MOTION CARRIED: All Yea i I Johnson: We will have those available at our next regularly scheduled meeting which is the 13th. Once we act on those then you are welcome to a copy of them. ITEM #12: 'PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 42.02 ACRES TO R-4 FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE PARTNERSHIP: 4 Johnson: I will now open the public hearing and ask the Applicant or a representative to address the Commission and present their plan. Charles Eddy, 1345 South Timridge, Boise, was sworn by the City Attorney Eddy: (Inaudible) As stated this property is generally located in the east 1/2 of Section` 14, Township 3. North, Range 1 East, more specifically this parcel is south of West Franklin Road, west of South Linder Road and adjacent to the Landing Subdivisions and north;of Primrose Subdivision. The existing zoning for this particular parcel is RT which allows for 5 acre lots. The developer requests that this'property be annexed into the City of Meridian and rezoned to R-4 to allow for single family development. Currently property to the east is zoned R-4 and adjacent£properties are zoned R-1 and RT. The rezoning of this parcel to R-4 would comply with the recommendations of the Comprehensive Plan which allows for single family residential development in this particular area. The existing utilities are near this property in (inaudible) right here and has been ' identified by us as able ' to continue on to serve this piece of property. In the single family residential that we have proposed here with the Whitestone Subdivision we would be able to pick up approximately 5. to 8 parcels along the south of the property that are currently on the, septic and Well l �y Meridian Planning & Zoning Commission May 9, 1995 Page 34. system with the'design that we will be proposing in the future those properties directly adjacent"to the south.property line would be able to be hooked up to central sewer and central water. Thank you 11 Johnson:I have a question regarding your application, it might be an oversight, item #10 on page 2, if you have that, it talks about other amenities that might be beneficial to the City of Meridian and that is actually item'#12.=It is written in there yes, and then I am searching for those, what did you have in mind when you put that in there since there doesn't appear to be a well site or a fire department site or a school site. What did you have in mind when you checked that yes? Do you have a copy of that? Eddy. Yes I do, filling out the application, my understanding of that particular item was yes or no answer to water supply. And my interpretation would be I guess incorrect. Johnson: That is a catch allq uestion, in other words what is in it for the City of Meridian, are you going to donate some land for a well site or a fire department or a park or` something. You check yes and what you really meant to say was no?, Eddy: That would be correct. Johnson: Thank ..you, any other questions from any of the Commissioners? } Hepper: What is the minimum square footage of the homes that you have planned for that area? - - Eddy: The R-4 zone allows for 8,000 square°foot minimums. F Hepper: That is on the footage of the lot. Eddy: Oh, the homes excuse me, 1350 is the minimum square footage of the structures. b 'Hepper: Okay, the minimum square footage for Meridian, the Meridian ordinance is 1400. square feet. a Eddy: If it would please the Commission I would like to have Mr. Lary Van Hees which is part of the partnership who is doing the development to address the minimum square footages on the houses. ' r r (Inaudible) Johnson: Let's see if there are any other questions, it has been changed to 1400, it has Meridian"Planning & Zoning Commission May 9, 1995 Page 35 been that way for awhile. Eddy: One of the concerns I guess from us is not necessarily the size of the house guarantees a well kept yard. A 1200 or 1300 square foot house can have an extremely amenable looking yard and landscaping as well as a 1600 or 1800 square foot house. If that is.an item that we definitely hard and fast on. Soif the Commission is requiring 1400 square feet that is something we will have to address. Hepper: Have you seen the comments from the City Engineer? Eddy: Briefly, 1°received them today. Hepper: Do you have any problem with them? Eddy:' Basically we find most of the comments to be fine, one in there, the cul' de sac exceeding 450 feet I believe it is item #16, the culdesac is 457.72 feet but we have decided' we can draw that back 7.72 feet to comply with the maximum culdesac length. The requirement of donating or creating a 20 foot wide landscape lot to be owned and maintained by -the homeowners association that is something that we ,don't have a problem with and we can work that into the subdivision design. Item, I don't know what the item number is but it is in that group of items, but concerning the length of the blocks along Block 1, 2 and 5. Just to clarify, Block 1 is here,. it was our understanding that by adding this pedestrian pathway here broke up the block length to comply with the minimum 1000 feet. So it is less than 1000 feet from here to here and also from here to here. We understand that Block 2, which is Here exceeds the 1000 foot maximum. We have come up with a plan of shifting this particular entrance down to the middle of Azurite Street here which would create a rectangular tuning fork shaped entrance here and this would comply then to the minimum 1000 feet. The remaining portion was block 5 which is here. What we have discussed is breaking this block up by allowing for a pedestrian walkway along what is now Kennedy Lateral which is planned to be tiled. So in that tiling process we would also allow for a pedestrian walkway. Johnson: Any other questions? Hepper: Well, I guess I have a question for Gary Smith, is a pedestrian walkway considered a break in the block length? Smith: Mr. Chairman, Commissioner Hepper, I think that Shari Stiles sat in a meeting with Tom Eddy, Mr. Van Hees and myself and we talked about that but I am not certain of that. I think it was considered at that time as a break in the block length, I don't know for certain. 93 4 Meridian Planning & Zoning Commission May 9, 1995 Page 36 Johnson: That is something, we can look that up that is not that difficult. Hepper: I think also there is, which one was it here; one of these calls for a street stub. f Johnson: Are you talking on Bruce's comments? Hepper: On item 16 yes, it says street stub should be extended to the west through Block 5 in the vicinity of -south of the Kennedy Lateral. Did you have a comment about that?,j alleviate the length of that block to o ...Eddy: It was my understanding the street stub was to g ' be .under 1000 feet; so in lieu of stubbing the street out we would provide for the pedestrian walkway. Johnson: I have a question again, we don't ask our questions real well on some of these applications, but page 3, the value of the property, you put a $500,000 to $700,000 1 think what we are trying to ask you there is the range of houses market value, market price. Eddy: Oh, 'I understand, $110,000 to $140,000. Johnson: Any other questions?' I + Rountree: Have you submitted a traffic study to ACHD? Eddy: We are currently in the process of having a traffic study done by Mr. Pat (inaudible) that should be completed this week and a copy will be given to ACHD.` Johnson: Anyone else on the Commission? Did you want' to add something before we went into the public hearing? We may catch you later then. This is a public hearing, who would like to address the Commission first? Gayhard Ruschman, 1915 Waltman, was sworn by the City Attorney. Ruschman: I have some pictures that I would like to present to you people. Johnson: You don't get them back. I Ruschman: My talk is in consideration of,Waltman Road, on the pictures 1 and 2 that is between the addresses of 2035 Waltman and 2185 Waltman on 1 and 2. Four to 5 years ago this one house on picture 2 was put in the Spring.. Our road is really a *ginger road, it is a BST road and was built in the early 70's. It doesn't have much base under so when the concrete trucks, the lumber trucks, and I don't want to mention gravel trucks at all did I 1 F F r r y . k j Meridian Planning & Zoning ,Commission May 9, 1995 3 Page 37 SI i. the work there this is what happened to this section of road. I just thought I would bring , these .pictures. On picture4, we are looking to the west of the house that is on picture"2 and you can see how the road is broke up pretty good right there at the first on the lower right. And then on picture 3, this is turned around looking to the east, taking,the picture clear back down to the big tree on the left here is Linder, the condition of the road. Where there hasn't been construction traffic on this road for the construction. My concern is, wt y I have brought these is this is what'happens to this ginger road during development. 1 just thought I would take some pictures and show what the road looks like *now and I really don't want to have to live on a road that is in picture '2 when we have had such a nice road. I have been there since 1972 and it' has been a good road, it has held up. The other' } concern is I think the density of the homes is really dense compared to where we live on 1 acre lots. That is all I have. f y � f Johnson: Thanks Gary, any questions of Mr. Ruschman? y. Crookston: What is a BST road? f Ruschman: What they do is they put down gravel, they come along and shoot oil down like about a 1/4 inch thick and then they put rock on it and that' is your paved road. They did it when we were there five'years they came in and re -did it. So it has 2 coats on it. My understanding at that time was is that°every, 10 years it would be done. Then 'of course that has not been done. Then, '6f Thank' you Johnson: Any questions? Apparently not, thanks Gary. Next, who would like to come forward? Tony Searcy, 1955 Waltman, was sworn by the City Attorney. Searcy: Most of the people in the subdivision are not opposed to the new subdivision coming in. Most of the homeowners I have talked to, if I could approach this picture, most of the people live on (inaudible) this traffic coming out of here. The road cannot handle that and most of this traffic is coming out of here. (inaudible) and we all know how Linder and Franklin is during rush hour traffic. There is no other way to get out to Franklin except Linder. Our concern is if they want to build a subdivision just punch another road' up to Franklin to come back on from Franklin and Linder in this area. Weare kind of concerned; I am not sure -which way they are facing, are they going to be facing on Waltman so they are entering on Waltman or are they'coming out here ,or where are they coming from. 1 can't tell if these houses are facing Waltman or are they facing the other side. ,. ,: Meridian Planning & Zoning Commission May 9, 1995 Page 38 Johnson: And you are talking about'homes on the extreme east, extreme south: Searcy: We would like to see some`setbacks on this road. Actually what I would like to see is not even that road come on Waltman and have them come down to Franklin. The traffic just can't handle this coming from Linder to Franklin. The roads can't take it and if you, folks have ever been there during rush hour traffic or when school is going in or when, peopleaare going to work it is backed up coming home from work at 5:00 it is backed up at least a mile to the gas station on Franklin. Johnson: Thank you, is there anyone else that would like to address the Commission? (End of Tape) t fi C Jim Hihath, 1985 Waltman, was sworn by the City Attorney. I Hihath: Can I address Whitestone with a question? Johnson: You can ask questions through the Commission, we will give them an opportunity to respond to your question. Me will make a note of it, if we miss let us know before we close the hearing. j Hihath: What I would like to know is does he own this property here, because 1 know the people that own`�this right here because 1 have lived here all my life, 42 years. My dad owns this place right here which is 6 acres and I live here. The south and the east is 40 acres over here that is still in hay, it has to drain down a barrow ditch down (inaudible). We don't know if any of this is going to be piped,.what is going to be done. There is impacted area here. My'dad has a valley in his pasture here and this drains through here. Now there are going to be houses, I don't know if it is going to'be piped or is there going to be some kind of sediment control for this. What -kind of impact is is going+to have on my father's place. There are certain areas, do we have to have a subdivision with this many lots at one time. 'if he has this property why can't he put access off of Franklin and bring it down half way. I mean Meridian is already hit with enough schools the way it is with our tax base. These are some questions that I have. Johnson: We appreciate your questions, we can address some of that now. 1 will have Gary Smith, since he is here talk about our ordinance with respect to tiling. If you would i do that Gary please. E 6 Smith: Mr: Chairman, any live water or drainage ditch that crosses a subdivision by ordinance needs to be tiled. The piping of the ditch has certain conditions, certain requirements by ordinance as far as the location of clean out structures, an entrance weed r Meridian Planning & Zoning Commission May 9, 1995 Page 39 grade and if the ditch is not under the jurisdiction of a drainage or irrigation district than the users of the ditch need to approve of the plan that is being offered to pipe the ditcH whether it is irrigation or drainage. Johnson: Are you familiar with this specific ditch? I Smith: No 1 am not. L Johnson: Anything to add to that Wayne? Crookston: It is my understanding that we are talking about the Kennedy Lateral. t Smith: Mr. Chairman, in the case'of the Kennedy Lateral that was just to the east of this project required to be piped by the Landing Subdivision NO. 7 1 believe it was. It is a 46 nch diameter pipe. Johnson: Thank you, is there anyone else,that would like to talk to us? Tim McFarland, 2215 Waltman, was sworn by the City Attorney. McFarland: I live in the Primrose Subdivision and we have gone around the subdivision talking with the other homeowners in that, subdivision. We have also decided to go talk to people in the Mallard Landing Subdivision which' is right off the road. Here I have over a hundred signatures of people who live in that area whoa re concerned and somewhat opposed to the amount of houses that will be going in this 42 acres. A lot of the concerns they are having of course are the, impact on the roads in the area. The roads are very fragile. We in the Primrose..Subdivision all live in one acre parcels and that is.why we moved out there because we like the open spaces. I know that in the City of Eagle they have set aside some areas where there are open areas like that where there are a minimum of 1 to 2 houses per acres. We realize that you are not going to stop progress we knew that when we moved out there that eventually there would be some houses down the road and such. We would like to see less houses we would like to see that area remain open. The people in the Mallard Landing Subdivision agree with us also and they are in basically a subdivision where there are basically more houses to an acre and they moved out there because of the surrounding areas. But not only that the impact on the roads, there is basically only one access into that area, if there as a bad accident there on Linder and Franklin it would be real difficult to get emergency vehicles in there. Getting out of the subdivisions now is something you have to kind of time yourself and hope that you beat it or get out behind the`traffic. Tonight coming home I noticed that the traffic was backed up clear to the gas station there on Franklin. But I wanted to present the signatures just.to-let the Commission know that there are aplot of people in that area that i. 1 Meridian Plannng & Zoning Commission May.9, 1995 Page 40�: ~ have a lot of concerns. We would like to see some impact studies, I know that in the Primrose subdivision,we have not desire to be annexed into.the,City.-I understand, that{they want.to annex this -particular piece, of land: We•don't wantto be-on�sewer;-we don',t-want to be'on the,City..water, that is whyE.we�moVed Eout there :We, like it the.way it is;out there. If -they Bare, going_todo`that,-,put,th s�subdivision,-in-we,wouldi like to-maybersee some concessions m regards�to�along Waltman maybe a bermtlike_they�have.done down,Linder Road. ,They put a berm there and set,the. houses,back a way's,and Ai doesn t look too, bad. :. ..F At first�,l was,a Iittle,bit -upset-about-.that subdivision -but l have,leamed to.live with it,and It is really not bad at all. Access to,Waltman, if you have ever been on Waltman Street^it is not going to take long for Waltman Street to go away as far as the street itself. Basically less houses and for this Commission to really take Ba� hard, look,at what it is going,to do;to ,that area and really, study the situation before -they give these, people the, go ahead to do (fiat That is all,l have to.say, .thank you _,� 3 r.I A �:° 5 0'7y' xr Johnson: Is there someone else that would like to come forward at this time? fez .mt ee{ _ i � `.:`i ..a$ Sri. .r '• a e nr fi. r-t—i: ,;}-t,3 xd ,` J f'' -:z i^' • .Ron-Hohnstein, ,1655,Waltman,lwas,sworn,by the City Attorney i' tp"2 E� a.. w .�'---• }¢r'..t l '�.c't&. :E: �.# .:..r.. E l a iHohnstem, -The only,thing I would like to. re -emphasize, -like I saidbeforej live on,the corner of. -Waltman. -and Linder, Lot 2°+ The}traffic has increased -there dramatically andel ,think if this subdivision is approved that,a long hard Rlook-needs-to be,taken�at where all the traffic is going to go. Another access out to Franklin I think would be badly needed, that - , , a., - _ _ _ __._- Johnson :Thankyou'isthereaanyone else?-% -, �, you + ...k�=j ' 3a a ,v.•1 }!y"�ti. �� b Krr ..E ,�(. ig�9 �. }. (A1•f 4s*�a_s cy e °msµ' '� 34 4� ... �.y €$w,S . i.= .r �'..w.':T.J'i.�, y:d F.v §::+ ...iS ala,: 1..'. .Mike!Downer-, 969 L°ilac,pwas sworn bythe;City, Attorney., } j .,- ` 1 k r a f"'�g '"y U ani '�' ,Y ...s. ,"e'�• -„n a. kfi i T x'13 ." a6+' y' q ;Downer:, ; I, have basicallyithe same�concerns except, for maybe even .one br. 2 more that I came: up,with recently I see,a street here,offito the (inaudible), dies,isnto.nowhere, so �apparently;someoneis going to wantto build some more houses,further on downjhrough It e' re_ waltman;is gomg;to get,impacted evenmore. We.have on the west side of this -proposed,-subdivision-there,are; a couple; of new houses which; Gary, showed where the Toad: tomf up and they, ave 1a plus acre lots also.A-So that�meansthey wil-go around Poser houses and: then (come in -from the back --side of those;houses which will put Leven more use.onmWaltman. Eventually, there is nowhere else to go. That is the one more major one that I saw. aa'r.� ' v .�, s^�., '-,a ,*a,.E E+ . —.. � -s+. ,,, ... �. av- a . lbs. ,�- y r-�'"* r` ► ' ».., �✓• _..39 ri :-�:E„,t i,.r, b�fz ;t. Fay arV. iar��e�=' s ., .., it#;t.ae.4 wr i4ghnson:iThank you,41z7 yet hrt= Kathy,Searcy, 1955,Waltman,,, was sworn by-the,City Attorney,;tor-_ Meridian Planning & Zoning Commission May 9, 1995 Page 41 Searcy: I just'have one question/clarification as to the type of water source we will have at this subdivision or that they are proposing at that subdivision. I understand that it is City water system but it is my understanding that the subdivision next to us that is across the way .in Mallard pLanding,Subdivision,has a high pressurized, irrigation well versus a city system. I wanted,to.}know'if that was.`going to be something that would ,be, happening in this subdivision. Also how would that impact me as having a,� I've got awweil on my., property that supplies my water source from my:home 'and who wou'l'd be*responsible. if.my,.weil wentydry,or, someone else's runsdry. _ la Johnson:, Well, that is a;couple of questions here.,b You said.you only +hadone"then you give us y3. da'ry_Sinith will be glad,to tell you the .difference ~between pressurized irrigation, domestic water use and what might: happen if your well runs. dry. I don't know_ if he can address that.one;but he canary, he.is our City Engineer by the way. ye € s Smith: Thank you Mr. Chairman, -,this subdivision is required,as.the lady said the Landing was;r`equired to, provide a pressurized irrigation system to utiliie water other than the water 9 y that the City of Meridian is providing for drinking water9to irrigate the lawns. She is*correct in the Landing Subdivision .they do 'have "I that they use,to provide water for tlieic pressurized, irrigation system,. I a don't know anything , about that well other than I .. am � tit assuming it is a relatively shallow, well `as youi drinking waterrwell proba.bly, s also. w.t aat ,#I All- k Johnson: Is that maintained by the homeowners association Gary? `k , it � Smith:' Yes siritis. The�systems that are -being installed now are being mstalkled under the guidelines that tht re Nampa Meridian Irrigation District has.developed*for pressurized irrigation systems.' ,They are being done that way so that the Nampa Meridian Irrigation District takes over the operation and maintenance of the system. This is an agreement that has to be reached between the land developer and, the irrigation _district of course. 11 don't know,,what the details of,this pressurized system will be„but I think,that is :the goal that,the kseT ' i . . - .F - i s 1.N "3 association . l ._ 4- ) a City would like tosee happen so that the homeowners. association of the subdivision does not*become an operator, and .maintainer of the.system,As far as if this�water is, provided from a well and. if Ghat. affects .your well, .I -can't ,tell you the legal ramifications of,that, but �^ i � B ... $ .-I kW- ., a ...+ from testimony I ;have heard from other meetings you have a1 permit for .your well and .you have a water right in your weil and it;'is. impacted by a new well,ai l .understand it there is a_legal,recourse for, you. There,are a couple of ifs there- iii. Johnson: Thanks Gary, does someone else want to come forward, the gentleman in the rear,] call you,a gentleman because,you have a tie aon.1 � , 6 � 6 L'ia# i �z 4C. . John.. Ambrose, 2030 Waltman Street,.was sworn by the City Attorney. , t. Meridian Planning & Zoning Commission r May 9, 1995 Page 43 McBride: I have 2 concerns basically, the first one is I have an elderly mother *and on an ba average some months I have the local paramedics and fire department rescue squad out ' 4 times a month, once a week every it,has been, my concern is what the impact'of all of these extra people and kind of reinforcing everybody's wish that maybe a straight through goad to Franklin would help. In case of an accident there on Franklin, I see many myself, and I don't get out that much. My.. other concern is, with all of these people in here, all of these, homes, (,don't see any parks or any amenities for children. I haven't looked at it real closely. I am` just wondering, our kids have acre lots and they can play'and I have raised 5 daughters on mine and I am just concerned what are we going to do with that many kids. r That is all. Johnson: That kind of sparked my. fading memory of my other thought and that was to just , mention when you were talking about the schools that`we have a letter from the district, Meridian School District with respect to this specific subdivision and how it would impact the schools. We are in receipt of that letter. Someone else? David McBride, 1855 Waltman,, was sworn by the City Attorney. McBride: My biggest concern is access. If there is an accident at Ten Mile Drainage and Linder everybody down there is dead. You cannot get any emergency services through there is there is an accident: There is no other access for Mallard Landing and' Primrose once you get past the Ten Mile Drainage. There is no way of getting anybody in or out of there if there is an accident. With that many more people coming in you are going to -put 300 vehicles through there across that ditch daily plus Mallard. There has to be more access just strictly for emergency services. I Johnson: That is a good point, I know with the Landing I may be a,little off base here but these guys will correct me, they always do, with the growth there when it reaches a certain number of homes in that area 1 know ACHD has said you will have to have additional access out. I think we are approaching that point, I can't tell,you' exact numbers, I recall 200 homes, is that kind of what you recall? x Smith: Mr. Chairman, I think the Highway District has a standard of 100 homes on a single, access. However, the Landing has 3 access points as I remember onto Linder it -is a little bit confusing to me that means that 300 homes could access onto. Johnson: I must have been mistaken I thought they were talking other than Lindef for an access? .k Smith: For the Landing, well there lis a stub road that is planned out of the northeast comer of the Landing Subdivision as it develops that would eventually proceed to the east q Meridian Planning &� Zoning Commission ,. A May 9, 1995 Page 44 and connect to Meridian Road. But that 'goes though some land that the Landing Subdivision has no control over and it would be difficult to say when it would happen. One other thing I would like to mention if I could, the Highway District is under contract right now with a design engineer for improvements on Franklin Road from Linder to Meridian Road and that design. is being done, right of way will be purchased this year as understand. I have been told by the Highway District that construction will begin in early 1997 on the improvement of that road which would include an intersection at Franklin and Linder, signalized. Franklin would be a 4 lane with a center turn lane section. t Johnson: I appreciate that information. McBride: That would all be good except still anything south of the Ten Mile Drainage, if there is an accident there coming out of Mallard Landing or coming in any (inaudible) we are all stuck down there, Mallard, this proposed subdivision. You put another 300 vehicles there per day what. are the odds, how high up are the odds going to go -from more accidents to happen especially during the winter. Thank you. >~ Johnson: Good point, anyone else? Gary Fors, 843 Lilac, was sworn by the City Attorney. Fors: That access that Mr. McBride was just stating Ten Mile Drain, I think I am maybe a Tittle bit confused about, it. Gary Smith was just saying that so many hundred trips or houses or what it was to access road. Johnson: -1 think he was saying a hundred houses. r.: Fors: Okay, well Mallard Landing when it is filled up it is going to have 400+, right. Johnson: I don't know the numbers but] know it is well in excess of a hundred. A Fors: Yes, well there are over a hundred now and then ,plus this one and another 300 hundred there, we have 500 and some odd houses here coming up to Linder and Franklin. Its a bunch, a big bunch. The other thing is irrigation water for, I think Meridian is requiring that right now to have pressurized irrigation water -for lawns instead of using City water, correct. Johnson: -_ They require that, there is also an option ,of paying into a trust fund as I understand it, its not there anymore? Smith: No sir. { Y Meridian Planning & Zoning Commission May 9, 1995 Page 45 Johnson: Okay, itis mandatory, so it is;required. Fors: Okay, what -is pressurized irrigation water? Pressurized irrigation water is any water that the developer didn't desire. It is not irrigation water coming out of a ditch it is punching a well to his desire and going from there, correct? q Johnson: Well, not exactly, it can be water coming out of a,ditch, the problem is that comes seasonal because it is 'April 15th to whatever. Do you have any additional , comments on that, definition of. Smith: It depends on what the availability of the water is to the _land that is being subdivided. Fors: Well, all of this land Gary is got water rights.to it. So it all has water rights, so depending on, Mallard Landing what they did was punched a well; now what happened that irrigation water I have no idea. The surface irrigation water, I don't know what the developer did with that or whatever. What my concern is that if you keep on punching wells to water lawns what is going to happen with our water, our domestic water that we are on in the mean time. Smith: Your individual'wells? Fors: Correct, what I am trying to do is I guess, what are you requiring? Are you requiring pressurized irrigation water or are you requiring the developer to drill a well? Smith: Mr. Chairman, the.City requires a pressurized`irrigation system that utilizes water other than the City's domestic water that is used for drinking purposes. That water that is put into the, pressurized inigation'system where that water comes from depends on what the water conditions are on the land that is being subdivided. If there is a continuous flow of water in an open ditch across the land that is available to the land to be utilized on a regular basis then that water would be utilized. That is the intent of the irrigation district that surface water be utilized. Fors: On Mallard Landing (inaudible) but they drilled a well with that. Smith: And that goes back to the infancy of the pressurized- irrigation systems in the City of Meridian,; that was one of the first systems that was put in. That system, I don't have any background tonight, it has been too long ago. I don't know how it all happened, it is not under the jurisdiction of the irrigation district, it is operated more or less by the homeowners association. They have had some problems with it, but. never the less that is the way it exists today. I can't tell you how the well came to be, I don't know what, { r Meridian, Planning & Zoning Commission ,May 9, 1995 Page 46 happened to the surface water that was on the property. But it was my understanding that the irrigation district is requesting that surface water be used for the,pressurized systems unless it is on such an intermittent level or schedule that it can't be utilized to irrigate a hundred lots for example on a rotation basis. Johnson: That is probably about as good an answer that we can give you right now. Hepper: Gary I might be able to help you a little too, �a well cannot be drilled withouf �a... permit from, the Department of Water Resources. Currently the Department of Water Resources will not issue -a permit for a pressurized irrigation well that is drilled -between 100 and 200 feet. The well has to be either less than 100 feet or more than 200 feet to try and protect the aquifer the most of the domestic. You know homeowners most people's wells not everyone, but most people's wells are between 100 and 200 feet. So the department of water resources will not allow a subdivision wells to be within that aquifer they have to be less than 100 feet or more than,200 feet. I don't know when that became' e.ffective.but 1 know that is the way it is now. Fors: But you don't know on the effective date? Hepper: Well I know it is effective right now so these guys will have to go by that standard, but I don't know whether the Landing had to go by that standard because it may not have been effective at that time, but I know it is effective now. So that tends to help domestic wells, private wells, whether it helps everybody'swell or.not I couldn't say but I know they do have that in an attempt to try and preserve the aquifer for the domestic wells. Fors: I am probably getting out of bounds here, the Mallard Landing Subdivision is going to have to drill another well or 2 to support what they have got because they have over"a hundred houses on it now. So, you are saying they are going to go below it or` above. Hepper: It will either have to be'less a hundred feet or more than 200 feet. Fors: Who regulates that? Hepper: Tt afis the Department of Water Resources, by the State. Fors: The inspection of it? Hepper: I believe the state would be the inspector; they can't drill it without a permit and they have to get a permit from the state. The state would inspect it. Fors: So this would hold true to this new one going in too? 3 x x 4 Meridian Planning & Zoning Commission ry May 9, 1995 Page •47 Hepper: i believe so as far as I aware. Johnson: -Anyone else that would like to talk to us tonight? Andrew Gowens, 1701 Waltman Street; was sworn by the City Attorney. Gowens: I am going to read mine, these are my thoughts that 1 put together in the last couple of days on this. My concerns on the proposed Whitestone Development project. believe that there are existing problems in the area that need to be addressed before any development takes place otherwise the`density of homes planned for the Whitestone will add to the existing complications in the area. The roads, the roads in this area are already well traveled and'in need of widening and resurfacing. The intersection at Franklin and. Linder Road is in need of a stop light for smoother more efficient traffic flow. The increase inatraffic from another. subdivision as well as the partially developed subdivision near Linder and, Waltman Street -will make this intersection' congested and unsafe. The intersection also does not allow for any pedestrian traffic. If these concerns are not dealt with before"the subdivision is approved a plan to re-route the traffic coming from these areas must be devised when that expansion does occur. I am sure the Mallard Landing Would like that it would probably gb right through them. This is the only intersection allowing access to the area, by notproperly preparing the roadways and intersections for future developments and increases in pedestrian and vehicular traffic it will make this area very congested. There are no current plans to expand the roads, well I guess there was one.but it -is a ways away. -In the area, if there are no plans to expand the roads in this area. it is my opinion that the number of proposed homes to be built be considerable reduced, possibly one per acre. With the current development and the proposed Whitestone Subdivision I have to ask abdut our public services. The numberof children coming to this area is going to increase even more. As everyone'knows `our schools have been a'°source. of considerable attention, they are overcrowded. and low on funds for expansions. and new facilities. This does not make for a healthy learning atmosphere. The future of Meridian is growth, this.brings with it a greater need for police services, medical services, fire services, etc. It is my feeling that a push for a possible 10% to 15% developer,. impact fee should be in place before any more developments occur. This will help with the increasing cost of all the public services provided by the City. Noise, as it stands now the Primrose Subdivision is already having to live with the increase in freeway traffic noise. The proposed Whitestone Development has only'2 entrances for the entire subdivision. One is on Waltman Street and one on Linder. The increase on traffic flow through Waltman Street will bring the noise level decibel up even more. ,A new plan needs to be submitted that will route this traffic away from Waltman Street so as not to increase the noise levels even further. This could be accomplished with the addition of another entrance from the Whitestone Subdivision onto Franklin. I would like you gentlemen to please keep these concems in mind and the concerns of my neighbors in mind and do not Meridian Planning & Zoning Commission May 9, 1995 Page 48 give your -approval until these problems have been satisfactorily solved. Thank you. Johnson`: Thanks, anyone else like to come forward? Ruschman:.1 have,taiked to Brian Keith with ACRD this morning about the.traffic count. They do have a traffic count on the intersection. The traffic going northbound on Linder is 562; the traffic going west bound on Franklin of Linder is 480 some. The traffic count for Linder, going on the south of Franklin which would be Mallard Landing and Primrose subdivision is 880 today. So, I asked him what do you call a count, and he says you take 9 times the number of houses and that is what we use a number. So you take 9 times 145 homes we are talking increasing that intersection by 1230 some trips a day over what it now. And yes they did say they are going to redo the intersection to 5 lanes. They would like to do it next year but they don't have the money in 1996. That`is all I have. Johnson: That is important, I am glad you brought it up. Did you have one additional comment quickly? McFarland: One of the concerns that some Jof the people that live on Waltman was the houses proposed in this new subdivision that would be facing Waltman Street: If you look down Waltman Street now you don't see cars parked on the street mainly because Waltman is far too narrow to park you car on the street and feel good.about it. We all have acre lots and we have places in the back to park our cars or vehicles and trailers and such. These smaller lots that they are proposing aren't going to have that kind of room for horse trailers and camp trailers and such. I just don't know where they are going to park their.cars if they don't park them on Waltman. I see that as being areal hazard and traffic problem that is all. Johnson: Would the developer or representative like to address any of the concerns expressed this evening? Eddy: A somewhat unusual gentleman dropped by his comments for me to give to the Commission (inaudible). ;The concerns raised by the people here tonight in this hearing are very legitimate and are not haven't gone unnoticed by the developer and myself. I will try to address as many of those concerns as I can and if I don't -address them all I apologize. Concerning the road improvements part of ACHD requirements for any type of subdivision that especially abut against existing roads is the improvement of those existing roads to curb, gutter and sidewalks and adequate street section to take -care of the traffic that is to be generated by the proposed development. On Linder Road we are required to improve half of the street and install a curb, gutter_ and sidewalk. Linder Road has to be improved to,match the standards of a collector style street with (inaudible) design standards to match that. As I am sure the people here tonight have noticed the 4 Meridian Planning 8& Zoning Commission May 9, 1995 Page 49 Landing has had -to improve their half of Linder, Road when they were subdivided. In that we will be improving, Whitestone will be,improving the other side of the road although be ` it a portion of Linder Road not all of it, will be improved to a street section that complies with the coil ector style. So it is not going to alleviate all of.the problem but it is going to move towards helping it in the future. Waltman, and this is my opinion is designated as a local street, which would require a 50 foot street section which would be I believe off the top of my head 28 feet back to back improvements from back of curb to back of curb. What that would do to Waltman would be to of course make it wider through the adjacent part of Whitestone and adding curb, gutter and sidewalk. Which would somewhat address the concerns of parking on the street although not all of them. As far as the concerns the _last gentleman had about trailers and or horse trailers or whatever, the restrictive covenants that would be supplied with the subdivision would address those types of issues and restrict that type of parking. On the lots that front Waltman there are 7 lots that will front Waltman. The waste ditch, if it serves existing"property owners will have to be continued in that application andxthere will be no cutting off of any property owners that are down stream that will have to be addressed in the final subdivision design. The Kennedy Lateral as.we have proposed will be.piped through the subdivision as required the subdivision ordinance for the City of Meridian. The stub street there on the west property line is a requirement of ACHD, in order to provide access for proposed future development to the west that is something that we had no control over it is something that they require. Pressurized irrigation, as required: by, your ordinance we will be supplying pressurized irrigation with trying to take as much of the existing water that,the property has aright to and utilizing it for the proposed development We haven't done the extensive engineering studies to completely understand how much water is going to be needed at this point but that will be something that will be addressed in the final design. On the subject of the pressure irrigation concerns were raised about drilling a well and what that effect would have on the adjoining lot owners (inaudible) all the wells drilled. Just from what I have read in the paper in the last several days I know that the Department of, Water Resources lifted a moratorium on drilling farm wells which would be different"than this one but they did lift a moratorium that Us been in existence.for 3 or 4 years due to the drought. Tl ey have just recently'done that with (inaudible) ground water has come back to where it is safe to drill wells again. Hopefully I have answered the questions that have come up tonight. I believe Mr. Van Hees would like to speak. Johnson: Before you leave, did you get you question answered with 'respect to the position of the houses on Waltman? Larry Van Hees, 8850 Gadwall Lane, Boise, was sworn by the City Attorney. Van Hees: If you don't mind (inaudible). The main reason I am here is Charles asked if I would address the issue of ownership of the property. It seems to be a concern ,about Meridian Planning Zoning Commission May 9, 1995 Page 50 who owns the property that,is involved. Jim, my father Harlan Van Hees bought this 40 acres in 1947 and he sold your property your dad. (End of Tape) owned by Perry Kelly and was owned by his parents, Perry and Sally Kelly owned that property. We were both raised here in this area and (inaudible). Johnson: For the record, what part of the property are you talking about so we can get it in here, give me directions. ' Van Hees: Actually, my family home was on Linder road up here very close to Franklin and Perry Kelly's home was over here off of Franklin Road down towards the Ten Mile Drain. As far as addressing any of the issues of the ditches or whatever, I think that Charles already has handled and I will answer any other questions that you might have'. Johnson: Does the Commission have any questions at this point? Thank you Eddy:, During the process of this subdivision if any of the people here in attendance here tonight havehany questions regarding it they can contact myself at our offices of Pacific Land Surveyors. Johnson: Where are you located? Eddy: 290 North Maple Grove, our phone number is 378-6381. Johnson: Thank you, does anybody have anything else before we close up here?r (Inaudible) Johnson: You won't get all your answers here tonight. Our' main function is to gather the testimony and it goes on from here to the City Planners and it goes to ACHD and to the ' City Council. Our main function is to get your'concems and that is _what we tried to do tonight. Shearer: I think you ought to explain that we aren't going to make'decision on the traffic study, ACHD is going to do that and then they are going to relay it to us. Nothing will be done on the traffic on any of these roads until the ACHD meeting and nothing will be approved until the.ACHD meeting and then it will come back to us. Ruschman: I would just like to address it to the Eddy's and Van Hees's which I know. We are just, mainly concerned about the density. It ispodr real thing, and we are not trying to stop you, I don't want to stop you no way, I have tried to get gravel pits holy smokes. Thanks. G Meridian Planning & Zoning Commission May 9, 1995 Page 51 . ,' Johnson: Thanks Gary, okay I will now close the public hearing officially. What would you like to do gentleman besides go home? Alidjani: Mr. Chairman, I make a motion we have the City Attorney draw findings of fact and conclusions of law. Shearer: We can't draw findings of fact until we get a traffic study (inaudible). (Discussion Inaudible) Crookston: It would be preferable to have ACHD's comments. Alidjani: Are we going to get them on time, any ideas? Rountree: They are not here to defend themselves. t (Discussion Inaudible) Johnson: Lots of advice Moe you have a motion on the floor though. It perhaps may die for,lack of a second. And we will assume that is what happened, is there another motion to be made? ' Shearer: Mr. Chairmanj move that we give the City Attorney to,approve*to draw findings of fact and conclusions when he receives the ACHD recommendation so he can include those in those findings. Rountree: Any discussion? 14 Crookston: It does need to be seconded before you have discussion, or it can die for lack of a second. Rountree: Mr. Chairman, I move that we table this item until our next regularly scheduled meeting. Johnson: Okay, the other motion died for lack of a second, we have a motion now to table until our next regularly scheduled meeting on June 13th. Hepper: Second Johnson: And a second, all those'in favor? Opposed? ' Meridian Planning & Zoning Commission May 9, 1995 Page 52 MOTION CARRIED: All Yea x ITEM '# 13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION, 145 LOTS BY WHITESTONE PARTNERSHIP: Johnson: l will now open this public hearing, and ask the applicant or his representative to address the Commission on the preliminary plat. Charles Eddy, 4345 ,South Timridge, Boise, was sworn by the City Attorney. Eddy: Just ditto, is that okay. I believe everything that has been discussed for the first item, item #12, there is no need to redo all of that everything we said for item #12 will stand for item #13. Johnson: Okay, thank you is there anyone else that would like to add something before I close this public hearing? is, no one then I will close this public hearing. What would you like to do? Rountree: Mr. Chairman' I move we table this item until our next regularly scheduled meeting. Shearer: Second Johnson: We have a motion for a table to June 13, 1995 all those in favor. Opposed? MOTION CARRIED: All Yea Johnson: Any further motions? Rountree: Mr. Chairman I move we adjourn. Shearer: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: -All Yea MEETING ADJOURNED AT 10:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Q 4 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WHITESTONE ESTATES SUBDIVISION (Annexation / Zoning & Preliminary / Plat) E' I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description submitted with this application for annexation doesn't include 1/2 of the public Right -of -Ways of S. Linder Rd., W. Waltman St., or 1/2 of the Right -of -Way r for the Ten Mile Drain. Please revise the legal description and resubmit to the Public Works Department for review. 2. Please revise the Preliminary Plat'Map to show all adjacent land use and existing zoning of properties surrounding the proposed development, particularly "The Landing No. 2, 3, and 7". Revise the typical section,for Linder Rd. to show actual conditions:' 3. Please revise the Preliminary Plat Map to show all existing utilities installed as part of "The Landing No. 2, 3, and 7". R 4. Coordinate fire hydrant placement with,' -the- City.. of Meridian's Water Works Superintendent. 5. 250 Watt High Pressure Sodium Street Lights -will be -required at the subdivision's entrances off S. Linder Rd., and W. Waltman St.. Coordinate placement of all street lights with the Public Works Department. 6. Submit a master street grading and drainage, plan including method of disposal & approval from the affected drainage district.' 7. Submit -proposed restrictive covenants and/or deed restrictions for teview.and approval. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. f':\W'PWIN64\GENERAL'.WHH ESTN.P&Z and malnimne.a Dy`iile-norneownvrb-hbbtx iativ,t. C:\W'PWIN60-.GF.NERALIWHITESTN. P&Z HUB OF TREASURE ,VALLEY COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., City Clerk A Good PL%x t0 Live MAX YERRINGTON JANICE L GASS, City Treasurer ROBERT D. CORRIE WALT W. MORROW GARY D. SMITH, P.E. City EngineerCITY OF MERIDIAN WorkS BRUCE D. STUART, Water Works Supt. P 3 2 COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perk* Supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P 6 Z Adm. MERIDIAN, IDAHO.83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief Phone (208) 8984433 a FAX (209) 887-4813 CHARLIE HEPPER EE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: May 5, 1995 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WHITESTONE ESTATES SUBDIVISION (Annexation / Zoning & Preliminary / Plat) E' I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description submitted with this application for annexation doesn't include 1/2 of the public Right -of -Ways of S. Linder Rd., W. Waltman St., or 1/2 of the Right -of -Way r for the Ten Mile Drain. Please revise the legal description and resubmit to the Public Works Department for review. 2. Please revise the Preliminary Plat'Map to show all adjacent land use and existing zoning of properties surrounding the proposed development, particularly "The Landing No. 2, 3, and 7". Revise the typical section,for Linder Rd. to show actual conditions:' 3. Please revise the Preliminary Plat Map to show all existing utilities installed as part of "The Landing No. 2, 3, and 7". R 4. Coordinate fire hydrant placement with,' -the- City.. of Meridian's Water Works Superintendent. 5. 250 Watt High Pressure Sodium Street Lights -will be -required at the subdivision's entrances off S. Linder Rd., and W. Waltman St.. Coordinate placement of all street lights with the Public Works Department. 6. Submit a master street grading and drainage, plan including method of disposal & approval from the affected drainage district.' 7. Submit -proposed restrictive covenants and/or deed restrictions for teview.and approval. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. f':\W'PWIN64\GENERAL'.WHH ESTN.P&Z and malnimne.a Dy`iile-norneownvrb-hbbtx iativ,t. C:\W'PWIN60-.GF.NERALIWHITESTN. P&Z 9. Please indicate any existing FEMA Floods Plain Boundaries on the Preliminary Plat map and/or any plans to reduce said boundaries. 10. Reference elevations and contours shown on the Preliminary .Plat map to an established benchmark. 11. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 12. Sewer service to this development will be•via.gravity mains flowing to the northwesterly corner of the development. A temporary sewage lift station will be installed by the developer to service the subdivision until such time as the "Black Cat Trunk Line A" is constructed. 13. Water service to this development will be- via existing mains installed in S. Linder Rd. as ` part of "The Landing" developments. A 10 inch diameter main will need to be installed, by the applicant, in W. Waltman Street as part of this development. This main will be. installed to the west'boundary line extended of the proposed development. Water service to this development is contingent on positive results from a hydraulic analysis by our, computer model. 14. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 15. Any existing irrigation ditches crossing the property to be included in' this platting, shall be tiled per City'Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. No variance application has been filed with the City with respect to, tiling. 16. Blocks,l, 2, and 5'exceed;the maximum length -Allowed by City Ordinance 9-605-E. A stub street should be extended to the west through Block 5 in the vicinity south of the Kennedy Lateral. No variance application has been filed with the ,City with respect to the F block lengths. 17. Moonstone Drive as shown on the.Preliminary Plat map exceeds the maximum cul-de-sac length allowed by City Ordinance 9 -605 -B -6. -No variance application has been,filed with the City, with respect to cul-de-sac lengths. 18.. Please e redesign the Lots ' adjacent to S. Linder Rd. to accommodate a 20 foot wide Landscape Common Area Lot, instead of an easement as shown. This Lot will be owned and,maintained by the Homeowners Association. C:\W PW IN60`.GF.NERAL\WHITEST\.. PRZ OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE O. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S STILES, P 6 2 Adm, KENNETH W. BOWERS, Fire Chief W. L. "BILL" CORDON; Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: HUB oFTREASURE VALLEY COUNCIL MEMBERS RONALD R. TOLSMA A Good Place to Live MAX D.CGTON ROBERTDD. CORRIE .CITY OF MERIDIAN Qbz OMMISsO, 33 EAST IDAHO JIM JOHNSON, Chairman MOE ALIDJANI MERIDIAN, IDAHO 83642 JIM SHEARER CHARLIE ROUNTREE Phone (208) 88813433 a FAX (208) 887-4813 TIM HEPPER Public Works/Building Department (208) 887-2211 GRANT P. YJNGSFORD Mayor Planning &'Zoning Commission, Mayor and Council Shari Lti es, Planning & Zoning Administrator DATE: June 8, 1995 SUBJECT: Annexation and Zoning with a Preliminary Plat for Whitestone Estates Subdivision by Whitestone Partnership 1. Any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department prior to signature on final plat. Recent applications for variances to tiling the Kennedy Lateral have not been successful. 2. The Ten Mile Drain will need to be fenced with non' -combustible, fencing outside the existing right-of-way/easement. Approvals need to be submitted from the Bureau of Reclamation to allow reconstruction of the existing pedestrian bridge. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-104A. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Submit a letter from the Ada County Street Name Committee, approving the subdivision name and street names. .lF 5. protective rotective covenants for subdivision in accordance with City.Ordinance Section d _ .. , 11.-9-605.I. 6. Preliminary plat map needs to have the signature and date along with the stamp of the of the Registered Land Surveyor. 7. Pedestrian walkways shall be provided in accordance with City Ordinance 11-9-605.C. , including along Linder Road. ection 11-9-605. D. 8. Easements shall be provided as required by City Ordinance S P&Z Commission, Mayor and Council June. 8, 1995 Page 2 v 9. Provide public sites and open spaces in accordance with 11-9-605.H. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place. 10. Provide and maintain planting and reserve strips in accordance with City Ordinance Section 11-9-605. K.1. 11. Applicant is to enter into a development agreement as authorized by 11-2-416'.L. and 11-2-417.D.; the development agreement shall address', but -not be limited to, the inclusion into the subdivision of the requirements of 11=9-605.C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan. 12. Provide chord data for all lots. Lot ,66ntage must meet the R-4 requirements of a minimum of 80 feet. For purposes of calculating frontage, the line length plus one-half of the curve length is used. Some lots may need adjustment -and/or arrows added to delineate the direction the house must face., 13. The Comprehensive Plan` indicates that a. school/park site is needed in this area. 14. Several block lengths exceed 1,000 square feet. A stub street is needed to the west in the vicinity of the Kennedy Lateral. ACHD has requested a stub street in the vicinity of Lot 12, Block 2. One block length is length is less than 500 feet. 15. The owner of 120 acres directly to the west of this proposed development was` not given notice of the,public hearing. Unless,a waiver is received from that property owner, the public hearing process may need to be re-initiated: BEFORE THE MERIDIAN'PLANNING AND ZONING COMMISSIO WHITESTONE PARTNERSHIP ANNEXATION AND ZONING A PORTION OF THE EAST 1/2, NORTHEAST 1/4, SECTION 14, T.314., R! WEST, BOISE MERIDIAN MERIDIAN, IDAHO 'S FINDINGS OF FACT AND CONCLUSIONS OF_LAW The aboveentitled annexation and zoning application havingr fr Y „c come on for-,publicy hearing` on._May 9,, 1995, but due to not having comments from -the Ada"County_ Highway District, the matter eras . scheduled' again' for. Hearing on June 13, 1995, at the hour of,7:30t o'clock p.m. on said date, at the Meridian'City Hall, 33 East Idaho, Street, Meridian, Idaho, the Petitioner appearing on May 9, 1995 through Charles Eddy, the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning, and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of "public hearing on the annexation and* zoning was, published for two ( 2 ) consecutive weeks prior to- the said public hearing-, scheduled for May 9, 1995, `and for June 13, 1995, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the May, 9°, '1995 and June 13, 1995 hearings; that the public was 'given Jull opportunity to express comments and, submit evidence; 1. and that FINDINGS OF.FACT AND CONCLUSION'OF LAW - WHITESTONE Page 1 copies .of all notices were available to newspaper, radio and television stations; 2. That the property' included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the ,property 'is approximately 42.02 acres in size; it is generally located South of West Franklin Road and West of South Linder Road adjacent to .'T'he Landing Subdivisions and North of Primrose Subdivision., 3. That the property ispresentlyzoned by the county as RT' (Rural Transition) and the proposed use would be for R-4 Residential type development—, 4. The present land use for this land'is pasture ground. 5:= That the property is adjacent and abutting to the present" :City limits. 6. The Applicant"is not the owner of record of -the property but the owners of record are J. -Perry and Sally Kelly, "Weiser, Idaho, Evaline Humphreys, Meridian, Idaho and the Florence and Harlan Family Trust, Carol VanHees,- Trustee, Meridian, Idaho and no consents to annexation have been -filed, which must -be -filed prior"< to annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian_. 8. That the entire,parcel of ground is included within.the Meridian Urban Service Planning Area.as'the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 2 9. That the Application requests that the parcel be annexed and zoned -R-4 Residential; that. the applicant indicated that the intended development of the property is for an R-4 type subdivision and' in the Application, stated the density would be 3.5 dwelling units per acre. 10. That Charles Eddy testified at the May 9, 1995 hearing stating -that the minimum square footage of the structures would be a minimum of 1350 square feet; that the value of homes would be in'., the $110,000 to $140,000.00 dollar r'ange.;.that the requirement from - Bruce Freckletor, Assistant City Engineer, regarding donating or creating a 20 -foot wide landscape lot to be owned and maintained by the homeowners as-sociation is something that 'they can work into the subdivision design; that Mr. Freckleton-s comment regarding the cul-de-sac exceeding 450 feet, he stated that the developer has decided that they can draw that back.,7.72 feet to comply with the maximum cul de sac length; that regarding the reference to Blocks 1, 2 and 5 exceeding the maximum allowed block length, that a plan to shift the :particular entrance down, to, the middle :of Azurite Street would create a rectangular tuning fork shaped entrance and thus comply ,to the minimum '1000 feet block length' for Blocks 1 and 2; that breaking up Block 5 by allowing fora pedestrian walkaway along the Kennedy Lateral, which is planned to be tiled and thus preventing the need for stubbing the street west through Block 5.* 11. The Applicant submitted an application for preliminary plat approval which is incorporated herein as if set forth in full. r s FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 3 a 12. That the Meridian_ City Planning Director, the City - Engineer, Police Department,. Fire Department, the Ada Countt% ':Highway District, Central District Health Department, Meridian School District, Us West, Bureau of Reclamation and the Nampa Meridian Irrigation submitted comments and.;they are incorporata& herein as if set forth in full 13. That the" Assistant to the City Engineer submitted comments, which are incorporated herein,as if set forth in ful:i; that some of the principal comments are that the legal description submitted does not include 1/2 of the public 11 right-of-way of S. Linder., Road, Waltman Lane or 1/2 of the, right-of-way for the Ten Mile Drain and the description should .be resubmitted; that the high seasonal ground water needs to be determined and profile the subsurface soil conditions; that sanitary sewer service will be via existing mains flowing to the northwesterly corner of the development and a temporary lift station will be installed by the developer to�service the subdivision until such time as the "Black Cat Trunk Line A" is constructed; could be to the sewer line being installed. in`Magi.c View Drive directly adjacent to the north; that water service will be via existing mains installed in S. Linder Road and a 10 inch diameter main will need to be installed by the developer in Waltman Street and be extended to the west boundary of the development; that water service is contingent upon positive results from a hydraulic"analysis; that the Engineer has concerns about the City's ability to provide water service at this time _which will hopefully be abated shortly; that any existing FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 4 irrigation/drainage ditches crossing the property shall be tiled; that any existing ^ydomestic wells and/or septic systems within this- project hisproject will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as 'landscape irrigation. 14. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the comments- of particular note are that Ten, Mile Drain will need to be fenced with non-combustible fencing outside of the existing right-of-way/easement;, that existing irrigation/drainage ditches crossing the property.,sh°al1 be tiled; any existing wells and/or septic systems within this project will have to be removed; that wells may be' use for non-domestic purposes; that a development agreement shall be.required as a condition of annexation; the development agreement shall address, but not be limited to, 11-9-605 C, G, H2, R, L, and M.; The Comprehensive Plan indicates that a school/park site is needed in this area. 15. The Meridian School District commented that elementary children in this area will have to be transported to Ridgeway Elementary due to crowding at Meridian Elementary. 16. The Bureau of Reclamation commented that,a six foot high, chain'link,.fence shall be constructed by the developer along the Ten Mile Drain to safeguard public safety. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 5 and the parcel is included within the Meridian Urban - Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. 'That the property is shown on the Meridian Compreh"ensive Plan as being in a Single Family Residential area. 19. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 20. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 21. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the' (R-4) District is to ;permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. that the R-4 zoning districts requires a minimum of 1,400 square w feet to be included in houses in that zone. 22. That'Section 11-2-411 B states.as follows: "All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE. Page 6 23. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U 'states as follows: Support a" variety of residential ceitegorles"(urban, rural, -family, multi -family, town houses, apartments,' condominiums, etc for the purpose of proViding the tity -with single a range of affordable housing opportunities." 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it.states-as follows: "Within the Urban Service Planning Area development may occur i n densities' "a s 16w as 3' dwellings per, acre " -0- if physical is, made to existing City of _.Meridian water and sewerservice and the property is platted and subdivided 25. That , the Meridian Comprehensive Plan, under Land Use,' Rural Areas, 6.4,,,,it states as follows: "Residential development is,allowed in the rural area provided that, said development does not , exceed' the Rural Residential Agricultural` density,' unless it, iii"inside, the Urban Servi6e, 'Planning Area and City,sewer and water is `provided, theft Low, Medium and High defisity residential 'may be 'considered. A111 residential development must also comply with the other appropriate sections '6f'this plan. 26. That the.Meridian Comprehensive Plan, under Housing, .Housing,, Policies, at page -66, it states as.follows: .The City of Meridian intends to provide for a wide " diversity of housing types `(single-family, modular "mobile homes, multi -family, town houses arrangements),, 111.3, An. open .housing. market for all persons,,,regardless of, race, sex, age, religion or ethnic background." "1.4 The devbloptieht of housing for' all income -groups close, to employment.and shopping centers,should be encouraged." 27. That there is a population influx into the, City of� ,Meridian.at,.the present time which has,been going on for some time and, is likely to continue., FINDINGS OF FACT AND'COECLUSION OF'LAW - WkITESTONE Page, -7 28 That in prior requests for annexation and zoning in this area the previous Zoning Administrator had commented that annexation could be conditioned on a. development agreement including an impact fee to help acquire a future school or nurJ> site to serve the area and that annexations .,should' be subject to impact fees for park, police, and fire services as determined by the City and designated,in an approved development agreement; that Y such comment is equally applicable to this Application. 29. That in- 1992 -the Idaho State Legislature passed amendments.,to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivisionordinances, states as follows: "Each such ordinance may provide for mitigation of the, effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery , to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able,to provide fire, police., emergency health care, water, sewer, parks and recreation services to -its current residents and to those moving into the City; the City is`also concerned that the increase in population is burdening the schools of the Meridian School District. which provide school service to current and future residents of the City;. that- the City knows that the: increase in population does not sufficiently increase the tax base to offset -the cost.of providing fire, police, emergency health care, water, sewer,,:par'ks and recreation services; and the City knows that the FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 8 f a increase in population does not provide sufficient tax base to provide for school services to current and future students. t 30. That pursuant to the instruction, guidance, and direction of the Idaho' State Legislature, the City may impose either a development'fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in, the City because of, the imperilment'to the health, welfare,, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605-C states as follows: "Right-of-way ..:for pedestrian walkways in the middle of long blocks maybe required where necessary to obtain convenient pedestrian circulation to schools,' parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 32. That Section 11-9-605 G I. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial ,uses to screen the view from residential properties.�'Such screening shall be a minimum of twenty feet (20") wide,`and shall not be apart of the normal street right of way or utility easement." 33. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and -enhance the attractiveness of the community (such as trees, watercourses,, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 34. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and,' to lesser extent, by man-made features such. as -`utility easements, transportation rights of way or -water rights of way. Landscaping, screening or lineal open space corridors may be required for -the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - FINDINGS OF' FACT AND CONCLUSION OF' LAW' - WHITESTONE -Page 9 improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve:,, 1-. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To -play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent'urban land uses; 5. To enhance 'local identification within the area due to the internal linkages; and 6. To link residentials neighborhoods, park areas and recreation facilities." 35. That Section 11-9-605 L states as follows: Bicycle and pedestrian, pathways shall be encouraged within new developments as part of the public right of way. or as separate easementssothat an alternate transportation sstem (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and -Planning and Zoning Commission shall consider the Bicycle Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 36. That proper notice -was given as required by law and all `procedures before the City Council were given and followed. ' CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of ,the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. k FINDINGS OF FACT AND CONCLUSION OF LAW - WHAITESTONE Page 10 2. That the City of; Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances oft.the City of.Meridian; that exercise of the City's annexation,authority.,.,is,a legislative function. 3. That,the:Planning and Zoning Commission has judged this annexation and zoning -application under Section 507222, Idaho Ccde; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive.Plan,=as amended,,and the -record submit -ed to -it and things of which�it can take judicialnotice. 41. 4. That all notice and hearing requirements set forth it Title 67, Chapter 65, 'Idaho Code, and the Ordinances of the City o� Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and ,of. actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a.shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owner and the annexation is not upon the initiation of the City of Meridian: 8. That since the annexation and ..zoning of land is a legislative function, the City has authority,,to.place conditions upon the annexation of land. Burt vs. The.City of.Idaho.Falls, 105 Idaho 65, 665 P.D 1075 (1983). 4 FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 11 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular 'i Section it -9-616 which pertains to development time schedules and requirements. and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition o annexation the Applicant shall be required to enter into a development.agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2f K, L, M, and the comments of the Planning Director that land set aside mor a future park would be desirable, that the City is in need of land set -asides for future publid service use, that a school site was not reserved; that in prior annexations a previous Planning Director stated that a greenbelt along Nine Mile Creek and co- ordination was needed with the Pathway Plan and such comment is equally applicable to Ten Mile Drain; that the -development agreement shall, das a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and.loss of City services, if the requirements of this paragraph are not met. FINDINGS`OF'FACT AND CONCLUSION OF LAW - WHITESTONE Page 12 ,10. That propery and adequate access to the property is rminimal, but available,- and additional access will have to be obtained and all access shall be maintained. 11. That the annexation and zoning Application is in conformance -with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. It is concluded that the development as an R-4 development is in the City's best interest and that the property. should be zoned in that fashion.` 13. Therefore, based on the Application, the Findings of Fact Y and Conclusions, and the Ordinances of the City of _Meridian, it is. ultimately concluded that Applicant's property',should be annexed and zoned R-4; that the development of the property shall be at a density of not more than 3:50 dwelling units per acre as stated in the application for preliminary plat; that representations 'of Applicant's -.'representative shall be, a restriction on the, development and. all. representations shall be met; that. 'the conditions should be those stated above and upon issuance of final platting and other conditions to be explored 'at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de -annexation if the R-4 density is exceeded and no dwellings other than single family dwellings shall be allowed -and this restriction shall be noted, on the plat of -the subdivision.:. That the Applicant stated that the house size would be 1,350 square feet but the Zoning Ordinance requires that houses in the R-4.zone FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 13 w shall be at least 1,400 square feet and this requirement shall be met or the property shall be de -annexed'. 14. That all ditches, canals, and waterways shall ,be tiled as a condition of annexation and if not so 'tiled the property shall be subject to de -annexation. 15. That any requirements from the Nampa Meridian and Settlers Irrigation Districts (shall be met as well as any requirements of the -Bureau Reclamation and➢the City Engineer. 16. With compliance of the conditions contained herein, ale annexation and zoning or R-4, Residential, would be in the best interest of'the City of Meridian. 17. That if the conditions of approval are not met the property shall.be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings -of Fact and Conclusions. ROLL CALL COMMissIONER HEPPER VOTED VOTED COMMISSIONER ROUNTREE c� COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED �r CHAIRMAN JOHNSON -(TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 14 DECISION AND RECOMMEkDATION The Meridian Planning and,Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions §for the property de'scri:bed in the application< with the conditions set forth in the Findings of Fact and Conclusions of Law -.and that thc- Applicant be specifically required to tile all ditches, canals and waterways,_ except ttfour he Ten Mile D"rain, as a condition of annexation and that Applicant meet all of the Ordinances of`the City of Meridian, specifically including the development time requirements and the conditions of these -Findings and Conclusions, .M including having houses of a minimum size of 1,400 sqre fee, and that if the conditi.o s are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 15 r PRA N KLI N ---�`_ ! 12 r �.� 13 REST; -W000 ESTA' p�\1N�NC 14 13 12 11110 9 a 1 71i 10 ( 6 p,QR 1 W CREST A00CI e > I 6 G C W 0 E 13 14� 1'J li IT W 12 BARRETT OR. 'o lid PL. (` O _ 22 i I 24 20 1 2 20 21 q N .. • • O 3 3 26 o w� 3. S 2 I � ! ro q • Y I to 2 h 40 n CA YOr3[I!>ZOl1i DB,ti a .• • , I a tJ+ Oq 12 13 1 J o Y + q • S J 18 3 4 / w w - V sj N' ' a ZI o q r `e o O v • 6 00 � V 1 ro p t6 l9 14 13 12 It Q ' T E I L;FN 011N O. 2 p ; o r a •- g • v O1O a W AAERGANZER OR. F-" 12 It 10 9 a 7 6 s 4 �1 • s v e t /O to 13H �AJOJNG » v t4 IS 16 17 to 19 • 20 21 2 PINTAIL pp I t• 1m r • t 0• 3 6 6 a 9 10 11 12 13 . � � /f � +fir •�'�� ���--:-� o • � � :� N dui, o? i BAN= A0 T. AZU= sn= ^ y w t O.♦ I/ALT1t x an= --- 12 �, , o I y 8 7 I I i I I I ^. w SUBDIVISION EVALUATION SHEET Proposed Development Name WHITESTONE ESTATES SUS City MERIDIAN Date Reviewed 04/25/95 Prelim inary�Stager XXXXX Final Engineer/Developer Pacific Land Surveyors / Whitestone Partnership 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 Meridian City Street Name Ordinance. The following existing street names shall annear on the plat as: "W. FRANKLIN ROAD" "W. WALTMAN STREET "S. LINDER ROAD" "W. GREENHEAD DRIVE" The following proposed street names are approved and shall appear on the plat as: l nLoot, W- iS.K't�i� "W. GALENA DRIVE" ° jv It Sou,{k .1 rr tafi, por hot - ."W. BASALT COURT" "W. AZURITE STREET" t�Oi- Mtl TDO Ct,03r- `i7)�A7�P_G "MICA" is similar to existing street names (MICHAEL, MIKE and MIKIAHI and therefore cannot be used. "CALNON" is similar to existing street names ( KELDOON and CANYON) and therefore cannot be used. "WHITESTONE" is a duplication and cannot be used unless it is in alignment. 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 iWorder for the street names to be officially approved. ADA COUNTY STREET NAME CO MI 7,E, AGEN REPRESENTATIVES OR DESIGNEES . Ada County_ Engineer John Priester Date 25 lS Ada Planning Assoc. Terri Raynor City of Meridian Representative Meridian.Fire Dept. Representative Date Date Date 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 M! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS O!! 4 A. GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to r Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: - 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnershi LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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) INTERMOUNTAINGA PRELIM & FINAL PLAT) BUREAU OF REC ION(PRELIM & FINAL PLAT) CITY FILES © ` OTHER: — b 411 YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS RONALDR.TOLSMA WILLIAM G. BERG, Jr., City Clerk A Good Place to Live MAX YERRINGTON JANICE L GASS. City Treasurer GARY 0. SMITH, P.E. City Engineer CITY OF IRIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE 0. STUART, Water Works Supt. P & Z COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON. Chairman DENNIS J. SUMMERS, Parka Supt. MOM ALIDJANI m SHARI S. STILES, P & ZAd. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Fire Chief • FAX 8874813 CHARLIE R W. L "BILL" GORDON, Police Chief Phone (208) 888-4433 (208) PER TIM HEPPERE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (108) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to r Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: - 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnershi LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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) INTERMOUNTAINGA PRELIM & FINAL PLAT) BUREAU OF REC ION(PRELIM & FINAL PLAT) CITY FILES © ` OTHER: — b 411 YOUR CONCISE REMARKS: . HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, Jr., city Clark A Good Place to Live ' JANICE L GASS, City Treasurer GARY 0. SMITH, P.E. City WorksSupt. CITY OF MERIDIAN, BRUCE D.STUART, Water JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, a a Z Adm. MERIDIAN; IDAHO 83642 KENNETH W. SOWERS, File Chief " W. L "BILL" GORDON, Police chief Phone (208) 88811433 a FAX (208) 8874813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P R Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES.FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To`insure thatyouur commentsand recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnership E LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road `JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)' ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT), U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES Ll (-� OTHER_ ��J YOUR CONCISE REMARKS: ;�.a-5 h u� 1 APR 18 1995 i5 ,Q. -LL. ` 3L�; l- CITU Or MtIr IWAI; SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT �0R EXCEL! Dan Mabe, Finance & Administration DIRECTORS Z Z� Jiri Carberry, Secondary Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services r JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET MERIDIAN, IDAHO 83642 PHONE (208) 888-6701 April` 18, 1995 City of Meridian APR 2 0 1.0,2 33 East.Idaho Meridian, Idaho 83642 C 4' `Re: White Stone ;Estates Subdivision " Dear Councilmen: I have reviewed the application for Whitestone Estates Subdivision and find that it includes approximately 145 homes assuming a median, value of $110,000. We also find that this subdivision is located in census tract> 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Elementary students from this development will be transported to Ridgewood Elementary, due to overcrowding at Meridian Elementary. Using the- above information we can predict that these homes, when completed', will house 21 elementary aged children, 19- middle school aged children, and 14 senior high aged students. At the present time Meridian Elementary,is at 125% of capacity. The Meridian School-- District is -,not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are. also well over capacity. Before - we could support this subdivision, we would need land dedicated to the district or at least made available. In addition we, would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools; excluding site purchase -price, and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are *in a difficult position and need your help in dealing with the impact of growth on schools. l , Sincerely, Dan Mabe Deputy Superintendent 05/02/95 08:50 V208 345 7650 ACRD Z001 1 /001 r;Y JAMES E, BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary May 2, 1995 Re: . Whitstone Estates Subdivision Dear Shari Stiles, F A traffic study for the proposed Whitstone Estates Subdivision has not been submitted to the .. District. We would like to request that the public hearing for the preliminary plat for this item, currently scheduled for May 9, 1995, be postponed until after the District reviews the traffic 4 study• If you have any questions please feel free to call me at 345-7662. Sincerely, Mark L. Butler Development Analyst cc: Charles W. Eddy, Pacific Land Surveyors Project File (Whitstone Estates) Post -It° Fax Note 7671 Date _ Pe ► T* Fr-n WOOPL Co• Phone a Phone # J / w Fax # Fez # S: Front 144* ed 0 r,Jr6T9;. . ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345.7680 PAGE May X) X95 08:40 208 345 7650 .01 x CCCIfCENTRAL f DISTRICT `HEALTH DEPARTMENT REVIEW. SHEET Environmental Health Division <i . Return to: AP R 2 `925 ❑ Boise .. CYTE iza i :, ❑Eagle F-1 r- d ar en city Rezone # Use # .Meridian ❑ Kuna Preliminary / nal / Short Plat G✓1ii zi S-7-0irc ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. E We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ' 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ,FJ'central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ,JjgL central water ❑ individual sewage ❑ individual water 8. The following plan(s) must be submittdd to and approved by the Idaho Department of Health 8 Welfare, Division of Environmental.Quality: - ,central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 9: Street Runoff is not to create a mosquito breeding problem. - ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval._ ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store - JZ 13. G� 2�-rA.tir U 9/'t�ynic�w.r.�'iZ ���✓� � orl,-r % l'0c-4A Date: 9' A- I y'e i o Reviewed By: /�i� wiN?s"7C Lc'VLZ. Str L �i'c7�r-?i fe-COMMc"T'Oiri]vNJ END 10191 rcb, rev. 11/93 j11 Ce9 ENTRAL DISTRICT LT h DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL.: • BOISE, V 83704-0825 • (208) 375-5211 • FAX: 327-8500 , To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT REC0MMENDATI0NS We recommend that the first one half inch dstormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality: The engineers and`architects involved with -the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK. Prepared -by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM -DRAINAGE CRITERIA MANUAL Volume 5, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, -Denver, Colorado Serving Valley, Elmore, Boise; and Ada_ Counties Ada / Base County Office WIC Base - Meridian f,Imore County Office Smore County Office Valley County Office 707 N. Armstrong Pt , 1606 Robed St. 520 E. 8th Street N. of bvkoweft Hedii P.O. Box 1448 Boise: ID. 83704.0825 Boise. ID. 83705 Mountain Home, ID. 190 S. 4th Street E. McCall, ID. 83638 Ph. 634-7194 Envito. Health: 327-1499 Ph. 334-3355 83647 Ph. 587-4401 Mountain Home, ID. Family Planning: 327.7400 324 Meridian Rd. 83647 Ph. 587.9715. Immun¢ahons: 321.7450 Meridian, 11). 83642 t Nutrittri:321.1460 Ph. 888-W5 WIC: 327.7488 X U ill AIAa -�11, 'p JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN V EASTLAKE,, Skr6tary June 14, 1995 TO: Whitestone Partnership 410 S. Orchard Street, Suite 124 4 130'ise ID 83705 i, i7,. - FROM: Karen Gallagher, Co --Development ServiC?de i n J_ SUBJECT:, WHITESTONP, ESTATES( -5:.95) - PRELIMINARY.,PLAT On June 7, 1995, the Commissioners' of the Ada County Highway District (hereafter called "District") took action on the `Preliminary Platasstated onth& 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: 1. 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;§ubmitted and subject t6review and approval by the District:.,,,,.-, v Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, -together with payment of plan i review fee. b.Execute and Inspection Agreement between the Developer and the District together with "initial payment `deposit for inspection and/or testing services. C. Compldte all'stieet improvements to the satisfaction of the Disffict, or execute Surety Agreement between the 1)6veloptr and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th a Boise, Idaho 83714 - Phone (208) 345-7680 i s` ADA COUNTY HIGHWAY DISTRICT Deveiopment Services Division Preliminary Report Preliminary Plat - Whitestone Estates/MRZ-5-95/A Meridian The applicant is requesting preliminary plat approval for Whitestone Estates, a 145 -lot residential subdivision on 42.0 -acres. The applicant is also requesting annexation and rezone approval from RT to R-4. 'The site is located on the west side'of Linder Road approximately 500 -feet south of Franklin Road. This development is estimated'to generate, 1,450 additional vehicle trips per day. Loads impacted by development: Linder Road - Collector street with no pathway designation - Trak count 5,269 on 3-21-94 Waltman Street - Local street with no pathway designation shown - No traffic count available Franklin Road - Minor arterial with no pathway designation shown - Trak count 9,049 on 11-17-93 CHERRY LANE FAIRVIEW AVE. SITE W. PINE AVE. } FRANKLIN RD., TAZ 278 i �8y OVERLAND RD. c . o �. < a z S � �? wnrrrasu. ACRD -Commission Date June 7, 1995 - 12:00 p.m. k Facts and Findings: A. General Information RT - Existing zoning R-4 - Requested zoning 145 - Lots 42.0 - Acres 278 - Traffic Analysis Zone JAZ) West Ada - Impact.Fee Benefit Zone a Western Cities - Impact Fee Assessment}District , Linder Road Collector street with no pathway designation Traffic count 5,269 on 3-21-94 962 -feet of frontage 507feet existing right-of-way (25 -feet from centerline) ,90 -feet required right-of-way (45 -feet from centerline) per Meridian's Comprehensive Plan to extend Linder Road over I-84. Linder Road is improved with half of a 41 -foot street section with 12 -additional feet of pavement,.(total pavement 32 -feet). There is curb and gutter on the east side of Linder Road across from the parcel but there is no curb and gutter on the west side abutting the parcel. There is no sidewalk on either side of Linder Road. Waltman Street Local street with no pathway designation shown. No traffic count available 6654eet of frontage 50 -feet existing right-of-way'(25-feet from centerline) No additional right-of-way required, Waltman Street is improved with 26 -feet of pavement with no curb, gutter or sidewalk. Waltman Street was inspected by, the District's Pavement Management staff and received a PSI rating of 3.0 on May 31, 1995, qualifying this section of Waltman Street for an overlay. Staff recommends that the applicant be required to overlay Waltman Street from Linder Road to the west boundary of the site, that construction traffic be restricted from using Waltman Street, and that the street connection from Waltman Street to Azurite Street not be constructed until the last phase of the subdivision. B. The site`currently consists of farm land. Whitestone Estates Page 2 t I C: D. E. F. G. The east side of Linder Road was recently reconstructed and paid for with impact fee revenues from the Landing Subdivision. A traffic study has been submitted and reviewed for this subdivision. The interior streets are all proposed to be standard local street .sections of 377feet which is appropriate for the type, density, and number of lots being proposed, except for the Greenhead Drive, between Linder Road and Galena Drive which should be constructed as a residential collector street with a 41 -foot street section, because it is forecasted to serve over 1,000 vehicle trips per day. When Linder -Road is improved, it should be constructed as a standard collector roadway with a 41 -foot wide street section within a 60 -foot right-of-way. Access to the site is proposed to be provided by a single local street connection to Linder Road and one local street connection to` Waltman Lane. One stub street:has been proposed to the west (Calnon Street), near the northwest corner of the site. This stub street is located between two canals/ditches and will adequately provide for interconnectivity to future subdivisions. Staff recommends that the stub street be shifted south one lot in consideration of a future subdivision layout to the west. The `applicant has agreed to this request. H. "' As discussed with the applicant's representative a previous meeting with -staff, staff, recommends that a stub street -be provided from Galena Drive to the south at Lot i2, Block 2. L Direct lot or parcel access to Linder Road will be prohibited, iri compliance with District policy, because Linder Road is designated as a collector. Lot access restrictions will be required on the final plat. J. Staff is concerned about the 1,500 -foot straight alignments of Mica Avenue and Whitestone Way that will encourage higher speeds for vehicles and cut-thru traffic on` Whitestone Way. The applicant has shifted the location of Whitestone Way between Waltman Lane and Azurite Street to the west which will help eliminate,the cut-thru traffic. Staff recommends that the ~'radius at the comer of Mica Avenue and Greenhead Drive be modified to make the radius closer to 90 -degrees. K. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. L. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 9, 1995. Whitestone Estates Page 3 r 9 The following requirements are provided to the ciy of Meridian a's conditions for approval: Site Specific Requirements: " 1. Direct lot or parcel access to Linder Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 2. All internal local streets shall be constructed to a 37 -foot street section with 5 -foot sidewalks within`a 50 -foot right-of-way unless otherwise specified. 3. Greenhead Drive, between Linder Road and.Galena-Drive shall be constructed to a 41 -foot street section with 5 -foot sidewalks within a 60 -foot right-of-way. Direct lot access will be restricted to this segment of Greenhead Drive. 4. Provide a stub street be from Galena Drive to the south property line at Lot 11, Block 2. 5. Provide a stub street t6 the west property line on lot south of the proposed location, Calnon Street. { 6. Reduce the radius at the corner of Mica Avenue and Greenhead Drive closer to 90 -degrees. Coordinate with the District's Traffic Services Staff. 7. "' Dedicate 45 -feet of right-of-way from the centerline of Linder Road abutting parcel (5 additional feet). The owner will be compensated for this additional -right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit an application to the impact fee administrator prior to breaking. ground, in accordance,`with Section 15 of ACHD Ofdinance x#188. 8. Construct curb, gutter, 5 -foot sidewalk and match paving on Linder Road abutting parcel. Improvements shall be constructed to a 41 -foot back-to-back street section. 9. The ACHD Capital Improvement Plan indicates that Linder Road is not.approved for use of Road Impact Fee funds to increase its capacity. 10. Construct curb; gutter, 5 -foot sidewalk` and match paving on Waltman Street abutting parcel. Improvements shall be constructed to a 37 -foot back-to-back street section. 11. Constructpedestrian ramps on the corner of all intersections in compliance with' Idaho Code, Section 40-1335. Whitestone Estates Page 4 12. Utility_ street cuts in the new'pavement on Linder Road will not be allowed unless approved by the District'Commission. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. . a . 14. Overlay Waltman Street from Linder Road to the west boundary of the site with 2 1/2 -inches of pavement. 15. Construction traffic shall be restricted from using Waltman Street. 16 The street connection from Waltman Street to Azurite Street shall not be constructed until -the last phase of the subdivision. Standard Requirements: 1. A request for modification, "variance or waiver of any requirement or policy outlined herein shall be made, in.writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request `shall include a•statement explaining why such a` requirement would result insubstantial hardship or inequity and minimum fee of $110.00. 2. A right-of-way permit must be obtained from ACHD for any street or, utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for - details. 3. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the,requirements of the City of.Meridian and shall retain all storm water on-site.. Public street drainage facilities shall be located `in the public right-of-way or in a common lot ` owned by'a homeowners association set,aside specifically for -that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use re"strictions shall be noted on the plat (when applicable). 4. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent. property. 5 Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) -outside of the proposed street improvements. Authorization for relocations shall be obtained from the { Whitestone Estates Page 5 appropriate entity. 6. Install a stop sign on every unsignalized approach of -a project street to an intersection involving a collector or. arterial as the cross -street. The stop sign shall, be installed when the project street is first accessible to the motoring public. 7. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, `and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 8. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 11. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to, ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 14. Provide design data for proposed access to.public streets for review and appropriate action by ACRD. 15. Submit three sets of street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the,Development Services s Whitestone Estates ` Page 6 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L :'SILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 1 33 EAST IDAHO MERIDIAN, IDAHO 83642 e 87 4813 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER Phone (206) 888 4433 � CHARLIE ROUNTREE FAX (2ii6) 8 TIM HEPPER Public Works/Building Department (208) 887-2211 i=4 � (U !� i Vl� '� If',� GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEV : ' Nf PROJECTS WITH THE CITY OF MERIDIAN % To insure that your comments and recommendations will be considered by .the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 0 - 11,9.. 11 { 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX t# 208-888-6201 5 May 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 John P. Eddy Boise 343-1884 Pacific Land Surveyors SHOP: Nampa 466-0663 290.N. Maple Grove, Road Boise 345-2431 Boise, ID 83704 RE: Land Use Change Application for Ahitestone Estates Subdivision Dear Mr. Eddy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for.. its -review. on� the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson; the District's Water Superintendent atthe District's shop. Sincerely, DAREN R. COON'SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: "File Water Superintendent, J. Perry Sally Kelly" Evaline Humpheries Florence and 'Harlan Family Trust Whitestone Partnership ✓City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To. insure that your comments and recommendations will'be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 - TRANSMITTAL DATE: 4117/95 HEARING, DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary°Plat HUB OF TREASURE VALLEY COUNCILMEMBERS OFFICIALS LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West RONALD R. TOLSMA i A Good P13CC t0 L1VC _ MAX YERRINGTON WILLIAM G. BERG, Jr.. CIH Clark MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIMy& FINAL PLAT) ROBERT 0. CORK E Treasurer CHARLES ROUNTREE, P/Z WALT W. MORROW GARY 0. SMIT, P.E. City ninserCITY OF MERIDIAN P6ZCOMMISSION BRUCE D. STUART, e Sept. BOB CORRIE, C/C WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) JOHN T. SHAWCROFT. Waste Water Supt. EAST IDAHO IDAHO JIM JOHNSON. Chairman DENNIS J. SUMMERS. Parks Supt. S. STILES, P &ZAdm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER SHARI OTHER: - ROUNTREE KENNETH W. BOWERS. Fire ChiefCHARLIE Phone (208) 888-4433 a FAX (208) 887.4813 TIM HEPPER W. L 11811.1." GORDON, Police Chief WAYNE G. CROOKSTON. JR.. Attorney Public Works/BuiWing Departmetit (208) 887-2211 CITY ENGINEER GRANT p. KINGSFORD - Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To. insure that your comments and recommendations will'be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 - TRANSMITTAL DATE: 4117/95 HEARING, DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary°Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West i of outh Under Road JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIMy& FINAL PLAT) MOE ALIDJANI, P/Z JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 GRANT KINGSFORD, MAYOR CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C __SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) BOB CORRIE, C/C WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C- INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINALPLAT) WATER DEPARTMENT SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: - FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT i CITY ATTORNEY CITY ENGINEER CITY PLANNER - � yrL-) APR -2 �,� IN REPLY REFER TO: SRAOW-6113 LND-1.00 United. States: Department of the Interior BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 April 24, 1995 TAKE Ms. Shari Stiles Meridian Planning & Zoning Commission City of.Meridian 33 East Idaho Ave., Meridian ID 83642 Subject: Review of Whitestone Estates Subdivision Preliminary Plat in NE'/4, 'Sec: 14, T3N, R1W Dear Ms. Stiles: The United States' Ten Mile Drain abuts this development's northern boundary. The United States"purchased fee interest in the land on which the drain is sited in two parcels: 1. The earliest acquisition was purchased on September 27, '191`6 from C.D. Newhouse. That deed is recorded in the Ada County Records at page 122 in book 122 of Deeds. 2. The second parcel was obtained in 1971 from Harlan Van Hees. That deed is recorded as document 766689 in the Ada County Records. A copy is attached. This parcel appears to be encroached upon by Lots 2-5 and 7-10 of Block 1 of this subdivision. To assist this project become a positive addition to your community and to prevent problems for"future homeowners, we request conditions of your approval be: 1. To safeguard public safety, a 6 foot high chain link fence by constructed by the developer along the Ten Mile Drain. The fence will not be permitted on the federal land. 2. The developer (or the City?) obtain permission from this office for the pathway crossing proposed behind Lot 12, Block 1. 3. The developer resolve the apparent trespass noted above so that there will be no encroachment on the United States Ten Mile Drain ownership. a Please contact John Caywood of my staff (ph. 334-1463) if. we can be of any assistance. Sincerely, Jerrold G. Gregg Area Manager, Enclosure ,cc: Nampa Meridian Irrigation District Pacific Land Surveyors, 290 N. Maple Grove Rd., Boise 83704 J.,WES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Whitestone Partnership 410 S. Orchard Street, Suite 124 Boise ID 83705 FROM: Karen Gallagher, Co Development Service ;< n SUBJECT: WHITESTONE ESTATES ( -5-95) - PRELIMINARY PLAT iU ! June 14, 1995 On June 7, 1995, 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: 1. 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 construction 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 District to guarantee the completion of construction of all street improvements. ratio county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 June 14, 1995 Page 2 ,. , s 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 manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find 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 casements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings 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 345-7680, should you have any questions. KG cc: Development Services ✓ Chron John Edney City of Meridian, Sherry Stiles Keith Jacobs, Pacific Land Surveyors 0 ADA COUNTY HIGHWAY DISTRICT Deveiopment Services Division Preliminary Report Preliminary Plat - Whitestone Estates/MRZ-5-95/A Meridian The applicant is requesting preliminary plat approval for Whitestone Estates, a 145 -lot residential subdivision on 42.0 -acres. The applicant is also requesting annexation and rezone approval from RT to R-4. The site is located on the west side of Linder Road approximately 500 -feet south of Franklin Road. This development is estimated to generate 1,450 additional vehicle trips per day. Roads impacted by development: Linder Road - Collector, street with no pathway designation - Traffic count 5,269 on 3-21-94 Waltman Street - Local street with no pathway designation shown - No traffic count available Franklin Road - Minor arterial with no pathway designation shown - Traffic count 9,049 on 11-17-93 CHERRY LANE FAIRVIEW AVE. ,SITE ----------- W. PINE AVE. FRANKLIN RD. TAZ 278 / < l -8Y OVERLAND RD. o � � � J 0' o J W < a 0 W W ~ Z J W WHPHFSTO. ACHD Commission Date June 7, 1995 - 12:00 p.m. 0 t P-2 R.4 RT X 9 a . m -4 e PRIMROSE SUB. 7A A FRANKLIN12— T14413 NN�N�14R1E5T 12 1W0001 ESTA6 Z AQR I I IPM lbW CREST A000 ' • M i,i O � 0 a � y o `Iy .. ro a • A v �• ' to 1 � Y00[flCOIR Dffi4i o u o y N u pryer ► s - 1 a u# oa o use Ao cz a 1 3Y' o 0 LU4 ►� 1 J 3 a ^ 1 J _ RAN= IM r r 94 /` ' r (W�• � � ,,, o a �; i T C 4 i 3 t ie s i 11Llfl�if aZll .1 e r i P�R�r�t�s� '�ut3t�ty 1�5101N 1 � W L_. 9ARRETT DR G� e 7 6 S f 4 713144 T wp0o f v IS 16 1T oPL. �. 2 � I 2 1 C�� I c�yh, z 40 4a S e 7 IJ r8 3 /4 /Y to It Oq ti 13 %. 6 s 0 �v n- l6 1% 14 I} 4 12 11 T F LAND{IN O. 2 W PAERGANZER DR. _ul O� O i2 10 7 ty It 10 1 9 1 8 1 7 6 S 4 rf( A I G 14 IS 16 17 t 1. 19120 2l ! 2 N. ?iN.AIL n- ' 1 2 �W's, d! - I s l 9 1 loi u! 12 Facts and Findings: A. General Information RT - Existing zoning R-4, - Requested zoning 145 . -Lots 42.0 - Acres 278 - Traffic Analysis Zone JAZ) I West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Linder Road Collector street with -no pathway designation Traffic count 5,269 on 3-21-94 962 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) per Meridian's Comprehensive Plan to .extend Linder Road over I-84. Linder Road is improved with half of a 41 -foot street section with 12 -additional feet of pavement, (total pavement 32 -feet). There is curb and gutter on the east side of Linder Road across from the parcel but there is no curb and gutter on the west side abutting the parcel. There is no sidewalk on either side of Linder Road. Waltman Street Local street with no pathway designation shown No traffic count available 665 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required Waltman Street is improved with 26 -feet of pavement with no curb, gutter or sidewalk. Waltman Street was inspected by the District's Pavement Management staff and received a PSI rating of 3.0 on May 31, 1995, qualifying this section of Waltman Street for an overlay. Staff recommends that the applicant be required to overlay Waltman Street from Linder Road to the -west boundary of the site, that construction traffic be restricted from using Waltman Street, and that the street connection from Waltman Street to Azurite Street not be constructed until the last phase of the subdivision.- B. ubdivision. B. The site currently consists of farm land. Whitestone Estates Page 2 C. The east side of Linder Road was recently reconstructed and paid for with impact fee revenues -from the Landing Subdivision. D. A traffic study has been submitted and, reviewed for this subdivision. E. The interior streets are all proposed to be standard local street sections of 37 -feet which is appropriate for the type, density,, and number of lots being proposed, except for the Greenhead Drive, between Linder Road and Galena Drive which should be constructed as a residential collector street with a•41 -foot street section, because it is forecasted to serve over 1,000 vehicle trips per day. When Linder Road is improved, it should be constructed as a standard collector roadway with a 41 -foot wide street section within a 60 -foot right-of-way. F. Access to the ,site is proposed to be provided by'a single local street connection to Linder Road and one local street connection to Waltman Lane. G. One stub street has been proposed to the west (Calnon Street) near the northwest corner of the site. This stub street is located between two canals/ditches and will adequately provide for interconnectivity to future subdivisions. Staff recommends that the stub street be shifted south one lot in consideration of a future subdivision layout to the west. The applicant has agreed to this request. H. - As discussed with the applicant's representative a previous meeting with staff, staff recommends that a stub street be provided from Galena Drive to the south at Lot 12, Block 2. I. Direct lot or parcel access to Linder Road will be prohibited, in compliance with District policy, because Linder Road is designated as a collector. Lot access restrictions will be required on the final plat. J. Staff is concerned about the 1,500 -foot straight alignments of Mica Avenue and Whitestone Way that will encourage higher speeds for vehicles and cut-thru traffic on Whitestone Way. The applicant has shifted the location of %itestone Way between Waltman Lane and Azurite Street to the west which will help eliminate the cut-thru traffic. Staff recommends that the radius at the corner of Mica Avenue and Greenhead Drive be modified to make the radius closer to 90 -degrees. K. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. L. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 9, 1995. Whitestone Estates Page 3 The following requirements are provided to the city of Meridian as conditions for approval: -Site Specific Requirements: il 1. Direct lot or parcel access to Linder Road is prohibited, in compliance with District policy. Lot access restrictions shall.be stated on the final plat. 2. All internal local streets shall be constructed to a 37 -foot street section with 5 -foot sidewalks within a 50 -foot right-of-way unless. -otherwise specified. 3. Greenhead Drive, between Linder Road and Galena Drive shall be constructed to a 41 -foot street section with 5 -foot sidewalks within a 60 -foot right-of-way. Direct lot access will be restricted to this segment of Greenhead Drive. 4. Provide a stub street be from Galena Drive to the south property line at Lot 11, Block 2. 5. -a Provide a stub street to the west property line on lot south of the proposed location, Calnon Street. 6. Reduce the radius at the corner of Mica Avenue and Greenhead Drive closer'to 90 -degrees. Coordinate with the District's Traffic Services Staff. 7. Dedicate 45 -feet of right-of-way from the centerline of Linder Road abutting parcel (5 additional feet). The owner will be compensated, for this -additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes, to be paid for the additional right-of-way, the owner must submit an application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 8. Construct curb, gutter, 5 -foot sidewalk and match paving on Linder Road abutting parcel. Improvements shall be constructed to a 41 -foot back-to-back street section. 9. The ACHD Capital Improvement Plan indicates that Linder Road is not approved for use of Road Impact Fee funds to increase its capacity. 10. Construct curb, gutter, 5 -foot sidewalk and match paving on Waltman Street abutting parcel. Improvements shall be constructed to a 37 -foot back-to-back street section. 11. Construct pedestrian ramps on the comer of. all intersections in compliance with Idaho Code, Section 40-1335. I Whitestone Estates Page 4 12. Utility street cuts in the new pavement on Linder Road will not be allowed unless approved by the District Commission. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Overlay Waltman Street from Linder Road to the west boundary of the site with 2 1/2 -inches of pavement. 15 Construction traffic shall be restricted from using Waltman Street. 16. The street connection from Waltman Street to Azurite Street shall not be constructed until the last phase of the subdivision. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 4. Locate driveway curb cuts a minimum of 5 -feet' from the side lot property lines when driveways are not being shared with the adjacent property. 5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvements. Authorization for relocations shall be obtained from the Whitestone Estates Page 5 appropriate entity. 6. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 7. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 8. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 13. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 14. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 15. Submit three sets of street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the Development Services Whitestone Estates Page 6 Division at 345-7662. Staff Submitting Karen Gallagher Date of Commission Approval: lUN 0 7 1995 Whitestone Estates Page 7 6' f MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 11 1995 APPLICANT: WHITE STONE ESTATES PARTNERSHIP AGENDA I TEM NUMBER: 6&7 REQUES T: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION ZONING WITH A COMA S AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: FINDNGS"OF FACT AND CONCLUSIONS OF LAW CITY ATTORNEY: , CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: µ 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: I US WEST: INTERMOUNTAIN GAS':" 1 BUREAU OF RECLAMATION: I OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WHITESTONE PARTNERSHIP 'ANNEXATION AND ZONING A PORTION OF THE EAST 1/2., NORTHEAST 1/4, SECTION 14, T.3N R1 WEST, BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on May 9, 1995, but due to not having comments from the Ada County Highway District, the matter was scheduled again for Hearing on June 13, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing on May 9, 1995 through Charles Eddy, the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 9, 1995, and for June 13, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 9`, 1995 and June 13, 1995 hearings; that the public was given full opportunity to express' comments and submit evidence; and that- Y FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 1 copies of all notices were available 'to `newspaper, radio and m television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 42.02 acres in size; it is generally located South of West Franklin Road and West of South Linder Road adjacent 'to The Landing Subdivisions and North of Primrose Subdivision. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for R-4 Residential type development. 4. The present land use for this land is pasture ground. 5.' That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record are J. Perry and Sally Kelly, Weiser, Idaho, Evaline Humphreys, Meridian, Idaho and the Florence and Harlan Family Trust, Carol VanHees, Trustee, Meridian, Idaho and no consents to annexation Piave been filed, which must be filed prior to annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT,AND CONCLUSION OF LAW - WHITESTONE Page 2 9. That the Application .requests that the parcel be annexed and zoned R-4 Residential; that the applicant indicated that the intended development of the property is for an R-4 type subdivision and in the Application stated the density would be 3.5 dwelling units per acre. 10. That Charles Eddy testified at the May 9, 1995 hearing stating that the minimum square footage of the structures would be a minimum `of 1350 square feet; that the value of homes would be in the $110,000 to, $140,000.00 dollar range; that the requirement from Bruce Freckleton, Assistant City Engineer, regarding donating or creating a 20 -foot wide landscape lot to be owned and maintained by the homeowners association is something that they can work into the subdivision design; that Mr. Freckleton's comment regarding the cul-de-sac exceeding 450 feet, he stated that the developer has decided that they can draw that back 7.72 feet to comply with the maximum cul de sac length; that regarding the reference to Blocks 1, 2 and 5 exceeding the maximum allowed block length, that a plan to shift the particular entrance down to the middle of Azurite Street would create a rectangular tuning fork shaped entrance and thus comply to the minimum 1000 feet block length for Blocks 1 and 26 that breaking up Block 5,by allowing for a pedestrian walkaway along the Kennedy Lateral, which is planned to be tiled and thus preventing the need for stubbing the street west through Block 5. 11. The Applicant submitted an application for preliminary plat approval which is incorporated herein as if set forth in full. 1. FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 3 12. That the Meridian City Planning Director, the City' Engineer, Police Department, Fire Department, the Ada County- Highway District, Central District Health Department, Meridian School District, Us West, Bureau of Reclamation and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full 13. That the As to the City Engineer submitted comments, which are incorporated herein as if set forth in full; that some of the principal comments are that the legal description submitted does not include 1/2 of the public right-of-way of S. Linder Road, Waltman Lane or 1/2 of the right-of-way for the Ten Mile Drain and the description should be resubmitted; that the high seasonal ground water needs to be' determined and profile the subsurface soil conditions; that sanitary sewer service will be via existing mains flowing to the northwesterly corner of the development and a temporary lift station will be installed by the developer to service the subdivision until such time as the "Black Cat Trunk Line A is constructed; could be to the sewer line being installed in Magic View Drive directly adjacent to the north; that water service will be via existing mains installed in S. Linder Road and a 10 inch diameter main will need to be installed by the developer in Waltman Street and be extended to the west boundary of the development; that water service is contingent upon positive results from a hydraulic analysis; that the Engineer has concerns about the City's ability to provide water service at this time which will hopefully be abated shortly; that any existing FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 4 irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells°and/or septic systems within this project will have to be, removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation. s. 14. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the comments of particular note are that Ten Mile Drain will need to be fenced with non-combustible fencing outside of the existing right-of-way/easement; that existing irrigation/drainage ditches crossing the property shall be tiled; any existing wells and/or septic systems within this project will have to be removed; that wells may be use for non-domestic purposes; that a development agreement shall be required as a condition of annexation; the development agreement shall address, but not be limited to, 11-9-605 C, G, H2, K, L, and M.; The Comprehensive Plan indicates that a school/park site is needed in this area. 15. The Meridian School District commented that elementary children in this area will have to be transported to Ridgeway Elementary due to crowding at Meridian Elementary. 16. The Bureau of Reclamation commented that a six foot high chain link fence `shall be constructed by the developer along the Ten Mile Drain to safeguard public safety. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian FINDINGS.OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 5 x and the parcel is included within the Meridian Urban Service an Service Planning Area is defined in the Planning Area as the Urb Meridian Comprehensive Plan. 18. That the property is shown on the'Meridian Comprehensive Plan as being in a Single Family Residential area. 19. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided._ 20. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 21. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the'Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of - four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. that the R-4' zoning district requires a minimum of 1,400 square feet to be included,in houses in that zone. 22. That Section 11-2-411 B states as follows: Of "All new residential hon d g toinsre developments t compat bilitywith Meridian shall be designed developments." adjacent existing and/or prop FINDINGS OF FACT AND CONCLUSION OF LAW - WgITESTONE Page 6 0 _ y ` d 23. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural; single-family, multi -family, town houses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 24. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 25. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and Higb density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 26. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: 111.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, town houses arrangements), ." 111.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." 111.4 The development of housing for all income groups close m to employment and shopping centers should be encouraged." 27. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue. FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 7 28. That in prior requests for annexation and zoning in this area the previous Zoning Administrator. had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire, a future school or pare site to serve the area and that annexations should be subject -o impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement; that such comment is equally applicable to this Application. 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; ' that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to -provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the .increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks -and recreation services; and the City knows that the FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 8 9 f increase in population does not provide sufficient tax -base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 32. That'Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial 'uses to screen the view from residential properties. Such screening shall -be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 33. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 34. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 9 improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 35. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 36. That proper notice was given as required by law and all procedures before the City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 3,0.0 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 10 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the"City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitter: to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City o-f Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian,, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owner and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 11 f 9. That the development of annexed land must meet and comply with the 'Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains'to;development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition o annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, M, and the comments of the Planning Director that land set aside for a future park would be desirable, that the City is in need of land set -asides for future public service use, that a school site was not reserved; that' in prior annexations a previous Planning Director stated that a greenbelt along Nine Mile Creek and co- ordination was needed with the Pathway Plan and such comment is equally applicable to Ten Mile Drain; that the development agreement shall, as a condition of annexation, require that the Applicant, or if -required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 12 10. That proper and adequate access to the property is i minimal, but available, and additional access will have to be obtained and all access shall be maintained. 11. That the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. f 12. It is concluded that the development as an R-4 4 development is in the City's best interest and that the property l should be zoned in that fashion. 13. Therefore, based on the Application, the Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately` concluded that Applicant's property should be annexed and zoned R-4; that the development of the property shall be at a density of not more than 3.50 dwelling units per acre as stated in the application for' preliminary plat; that representations of Applicant's representative shall be a restriction on the development and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de -annexation if the R-4 density is exceeded and no dwellings other than single family dwellings shall be allowed and this restriction shall be noted on the plat of the subdivision. That the Applicant stated that the house size would be 1,350 square feet but the Zoning Ordinance requires that houses in the R-4 zone FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE Page 13 z shall be at least 1,400 square feet and this requirement shall be met or the property shall be de -annexed. 14. That all ditches, canals, acid waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation. 15. That any requirements from the Nampa Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 16. With compliance of the conditions contained herein, the annexation and zoning or R-4, Residential, would be in the best interest of the City of Meridian. 17. That if the conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED r FINDINGS OF FACT AND CONCLUSION OF LAW - WHITESTONE- Page 14 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to tile all ditches, canals and waterways, except fop the Ten Mile Drain, as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements- and the conditions of these Findings and Conclusions, including having houses of a minimum size of 1,400 sqaure fee, and that if the conditions are not met that the property be de -annexed. MOTION: - APPROVED: IDISAPPROVED: FINDINGS OY FACT AND CONCLUSION OF LAW - WHITESTONE Page 15 PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380F 025 TziUFD PROJECT: 143050 DATE: May 10, 1995 Annexation & Rezone RT to R4 .. ,J ( ..,✓ N �✓ 1 SMAN cml EFlr DESCRIPTION FOR WHITESTONE PARTNERSHIP A REZONE OF LOT 7 AND A PORTION OF LOT 8 VAN BEES SUBDIVISION AND A PORTION OF THE WEST 1/2 OF THE EAST 1/.2 OF THE NORTHEAST 1/4 SECTION 14 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel of land being a Rezone of Lot 7 and a Portion of Lot 8 Van Hees Subdivision and a portion of the West 1/2 of the East 1/2 of the Northeast 1/4, Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Northeast corner of the said Northeast 1/4 of Section 14;._ thence along the Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, South 00°33'08" West 1491.59 feet to a point, said point being the REAL POINT OF BEGINNING; thence leaving said Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, North 89'13'17" West 25.00 feet to a point, said point marking the ,Westerly right-of- way of South Linder road; thence leaving said Westerly right-of-way and continuing, North 89'13'17" West 639.72 to an iron pin, said iron pin marking the Westerly boundary of Van Hees Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 19 of Plats at Page 1222; thence along said Westerly boundary, South 00033'43" West 1165.62 feet to an iron pin, said iron pin marking the Southwest corner of Van Hees Subdivision; thence leaving the said boundary of Van Hees Subdivision and continuing South 00°33'43" West 25.00 feet to a point, said point marking the centerline of West Waltman Street thence along said centerline of West Waltman Street, North 89012'13" West 664.92 to a point; thence leaving said centerline of West Waltman Street and along the Westerly boundary of the said East 1/2 of the East 1/2, Section 14, North 00034'18" East 1861.12 feet to a point, said point marking the centerline of Ten Mile Drain; thence leaving said Westerly boundary of the said East 1/2 of East 1/2 of Section 14; and along the centerline of Ten Mile Drain, North 75°07'43" East 1304.38 feet to a point; thence continuing along the said centerline of Ten Mile Drain, South 88°37'52" East 71.81 feet to a point, said point marking the centerline of South Linder Road and Easterly boundary of the said Northeast.1/4 of Section 14; thence leaving said centerline of Ten Mile Drain and along the Easterly boundary of the said Northeast 1/4 of Section 14 and centerline of South Linder road, South 00°33'08" West 1021.83 feet to the point of beginning. Comprising 44.29 acres more or less. Pacific Land Survevors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: PACIFIC LAND SURVEYORS John T. (Tom) Eddy, P.L. S. JTE:cwe � ki .. PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 . t June 1, 1995 Mr. Bruce Freckleton RECEIVED Assistant to City Engineer City of Meridian 33 E. Idaho Street lWERl01AN CITY ENGINEER Meridian, Idaho 83642 Re: Whitestone Estates' Subdivision Conditions of Approval Dear: Mr. Freckleton We have reviewed the conditions of approval and the following is our response to those conditions. Items 1,2 and 3 have been completed and are submitted as a part of this letter. Items 4 and 5 will be addressed at thejdesign stage of the subdivision. Item 6 is included with the preliminary,plat. Item 7 is currently under development and will be submitted at a later date. Item 8 has been completed and will be submitted as a part of the final plat. Item 9 - the Ten Mile Drain currently has a Zone "A" designation which classifies it as a special flood hazard area inundated by 100 -year flood. The balance of the property is Zone "X" which classifies it as areas of 500 year flood with average depths of less than 1 foot or with drainage areas less than 1, square mile; and areas protected by levees from 100 -year flood. Item 10 Elevations and contours shown owthe preliminary plat are referenced to Ada County Highway District and USC&GS benchmarks. Item 11 Seasonal high ground water will be determined prior to final plat submittal. All drainage will be piped to a drainage pond and discharged to the Ten Mile Drain. Items 12-15 are noted and will be complied with. Item 16 We are exploring the possibility of applying for variances on this item. Items 17 and 18 have been completed and are submitted as a part of this letter Pacific Land Surveyors, a division of POWER Engineers. Inc.. an Idaho Corporation' City of Meridian June 1, 1995 Page 2 We submit this information to be included in the June 13 Planning and Zoning Commission hearing on Whitestone Estates Subdivision. If there are any questions please do not hesitate to call 378-6381. Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. a at.* w e -k - Sv/ Charles W. Eddy CWE Enclosures 58-110 n MAY'02—' y� Ud 4r 05/02/85 04:50 IaZUS 345 765U JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTIAKE, Secretary Wr.yuti UUl May 2, 1995 Re: Whitstone Estates Subdivision Dear Shari Stiles, A traffic study for the proposed Whitstone Estates Subdivision has not been submitted to the District. We would like to request that the public hearing for the preliminary plat for this item, currently scheduled for May 9, 1995, be postponed until after the District reviews the traffic study. If you have any questions please feel free to call me at 345-7662. Sincerely, Mark L. Butler Development Analyst cc: Charles W. Eddy, Pacific Land Surveyors Project File (Whitstone Estates) a ' MAY 02 '95 08 40 Post -Ir Fax Note 7671 Da1B_ # of To From coJoeix. co, Phone a Phone N /� 3 rJ " -7 / Fax g Fex # ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345.7680 208 345 7650 PAGE. 01 IN REPLY REFER TO: TgXE�� _ United States Department of the Interior PFJDE IN BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 SRAOW-6113 April 24, 1995 LND-1.00 Ms. Shari Stiles Meridian Planning & Zoning Commission City of Meridian 33 East,ldaho Ave. Meridian ID 83642 Subject: Review of Whitestone Estates Subdivision Preliminary Plat in NE'/4, Sec. 14, T3N, R1W Dear Ms. Stiles: The United States' Ten Mile Drain abuts this development's northern boundary. The United States purchased, fee interest in the land on which the drain is sited in two parcels: 1. The earliest, acquisition was purchased on September 27, 1916 from C.D. Newhouse. That deed is recorded in the Ada County Records at page 122 in book 122 of Deeds. 2. The second parcel was obtained in,1971yfrom Harlan Van Hees. That deed is recorded as document 766689 in the Ada County Records. A copy is attached. This parcel appears to be encroached upon by Lots 2-5 and 7-10 of Block 1 of this subdivision. To assist this project become a positive addition to your community and to prevent problems for future homeowners, we request conditions of your approval be: 1. To safeguard public safety, a 6 foot high chain link fence by constructed by the developer along the Ten Mile Drain. The fence will not be permitted on the federal land. 2. The developer (or the City?) obtain permission from this office for the pathway crossing proposed behind Lot 12, Block 1. 3. The developer resolve the apparent trespass noted above'so that there will be no encroachment on the United States Ten Mile Drain ownership. Please contact John' Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, Jerrold G. Gregg Area Manager Enclosure cc: Nampa Meridian Irrigation District. Pacific Land Surveyors, 290 N. Maple Grove Rd., Boise 83704 '756689 QUITCLAI34 DEED KNOW ALL MEN BY THESE PRESEF+T3, That HARLAN VAR HES and FLORENCE VAN HESS, husband and wife, for and in consideration of conveyance to them of certain lands by the UNITED STATES OF AMERICA, do, in pursuance of the provisions of the Act of June 17 1902 (32 Stat. 388) and acts a=cndatory thereof or supplementary thereto, known as the Federal Reclamation Laws, hereby remise, release, and forever QUITCLAIM.unto the said Grantee, its successors and assigns, all their right, title, and interest in and to the following described real property, situated in the County o: Ada, State of Idaho, to-crit: A strip of land 120.0 feet wide in the east half of the north- eait quarter of the northeast -juarter (E1-NE;07E;�) of section fourteen (14), township three (3) north, range one (1) west, Boise meridiar_, Idaho, said strip of land being 60 feet wide on each side of the following described centerl'_ae: Beginning at a point on the.east boundary of the east half of the northeast quarter of the northeast quarter (E- E!-,-r ») of section fourteen (14), ton- ship three (3) north, range one (1) west, Boise meridian, Idaho, which point is 517.0 feet south 00020' east of the northeast corner of said section fourteen (l4), thence in a scuthwesterly directicn. in a straight line to a point on the west boiznda-ry r of said east half of the northeast quarter of the northeast quarter (B'i;Icw) �•hi .. c�^ is 665.0 feet south 39050' eastand663.9^r. north GO°l9' 4 west of the sc� nest ccr.^.er of the'-et 1-r- 4 ter of the northeast quarter(:�-':=°_) , section 11, tcwnshi three (3) north,r_:,-c ^n_ (l) west, ___se meridian, Idaho. Containing i.88 acr,-s, more or lags, to _he reser•J3ticn: The reser.-antic.. of _nresently uses ___ s-c_- for . Ca^.a1g, Q1tChe5, __r,._es, �i _el=.nes_ , ..._l_.,a_.S,`••-�1 'Tnd r t7 wayc, ads lerhone m-ssion ` lines,acreated, reate G'_.e favor` of the^ ,?____cr '.._- .:b1iC ati-_..i_s, and to suc.^. Ct:__ __t"tg-'_- resery ,.1.,.,s, cr int.._ as .._..ec r_a..._ not cbec�__.__bl_. T111ET1ER W__., ._...._ _;D G__ ...,AL'S .._.._.__.._ . here(°.i aments, 4 b[1 J - ta_n_n ru. ,enences ere __ - c_ _n _ , _ _ the _..r.. ^�a '•a•r r-_arGi� ... r and _..tee.+;. ..n��c reversion an ns, rema-nce_ re a- issues, and crofits thereof. :'� 4.'E _ _ hil -.. rr_r..isec, t0>"'tl:e. T..-.. the AL_ ?e5. .,. .__.°. ..+_ _�'� ani - STATE OF IPAHO ) ss. County of . Ov9 • ) On this 30 fl, day of �yfCirc %i , 197/ , before me ,- zc/.and R• fdlle , a notary public, personally appeared • Harlan,Van Hees and FloDence Van Hees, husband and wife, known to r., -- to be the persons whose names are subscribed to the within instrume:;:, and acknowledged to me that they executed the same. IN WITNESS W11EREOF, I have hereunto set my hand a -rid affixed my official seal as of the day and year first above vritten. 141 Z;,; _— C�•.=-y Public in and for the ,':.ate of Idaho I sN v" •'i Residing at:4 1.y coc^ission expiress /irlc+rch '19741 4z" 31 114;�est rot e RECORDER. ' rte; OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & 2 Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIMN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (108) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE , -:' a 7= r q r i:� � TIM HEPPER if TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVfLOMEN - PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2, 1995 TRANSMITTAL DATE: 4/17195 HEARING DATE: 5/9/95 REQUESTrArinexation/Zoning/Preliminary Plat for Whitestorie-Estates Subdivision BY: Wlitestone Partnership LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS:_ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 May 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 John P. Eddy Boise 343-1884 SHOP: Nampa 466-0663 Pacific Land Surveyors Boise 345-2431 290 N. Maple Grove Road Boise, ID 83704 RE: Land Use Change Application for Whitestone Estates subdivision Dear Mr. Eddy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent J. Perry Sally Kelly °Evaline Humpheries Florence and Harlan Family Trust Whitestone Partnership ✓City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ,. t MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 9. 1995 APPLICANT: WHITESTONE PARTNERSHIP AGENDA I TEM NUMBER: 12 & 13 REQUEST: REQUEST FOR ANNEXATION AND ZONING OF 42.02 ACRES TO R-4 WITH A PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS. Parks Supt. SHARI S. STILES, P & 2 Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO -83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRAM P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WHITESTONE ESTATES SUBDIVISION (Annexation / Zoning & Preliminary / Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER May 5, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal- description submitted with this application for annexation doesn't include 1/2 of the public Right -of -Ways of S. Linder Rd., W. Waltman St., or 1/2 of the Right -of -Way for the Ten Mile Drain. Please revise the legal description and resubmit to the Public Works Department for review. 2. Please revise the Preliminary Plat Map to show all adjacent land use and -existing zoning of properties surrounding the proposed development, particularly "The Landing No. 2, 3, and 7". Revise the typical section for Linder Rd. to show actual conditions. 3. Please revise the Preliminary Plat Map to show all existing utilities installed as part of "The Landing No. 2, 3, and 7". 4. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 5. 250 Watt High Pressure Sodium Street Lights will be required at the subdivision's entrances off S. Linder Rd., and W. Waltman St.. Coordinate placement of all street lights with "the Public Works Department. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. 7. Submit proposed restrictive covenants and/or deed restrictions for review and approval. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. (':1W PWiNGO`d3ENE RAL-`.WH[TESTN.P&L a 9. Please indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat map and/or any plans to reduce said boundaries. 10. Reference elevations and contours shown on the Preliminary Plat map to an established benchmark. 11. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 12. Sewer service to this development will be via gravity mains flowing to the northwesterly corner of the development. A temporary sewage lift station will be installed by the developer to service the subdivision'until such time as the "Black Cat Trunk Line A" is constructed. 13. Water service to this development will be via existing mains installed in S. Linder Rd. as part of "The Landing" developments. A 10 inch diameter main will need to be installed, by the applicant, in W. Waltman Street as part of this development. This main will be installed to the west boundary line extended of the proposed development. Water service to this development is contingent on positive results from a hydraulic analysis by our computer model... 14. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 15. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. No variance application has been filed with the City with respect to tiling. 16. Blocks 1, 2, and 5 exceed the maximum length, allowed by City Ordinance 9-605-E. A stub street should be extended to the west through Block 5 in the vicinity south of the Kennedy Lateral. No variance application has been filed with the City with respect to the block lengths. 17. Moonstone Drive as shown on the Preliminary Plat map exceeds the maximum cul-de-sac length allowed by City Ordinance 9-605-B-6. No variance application has been filed with the City with respect to cul-de-sac lengths. 18. Please redesign the Lots adjacent to S. Linder Rd. to accommodate a 20 foot wide Landscape Common Area Lot, instead of an easement as shown. This Lot will be owned and maintained by the Homeowners Association. C:\WPWIN60\GENERAL\WHITEST\ .P&Z OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN. To insure that your comments and recommendations will be,considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 21995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone, Partnership LOCATION OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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) INTERMOUNTAINGA PRELIM & FINAL PLAT) BUREAU OF REC ION(PRELIM & FINAL PLAT) CITY FILES OTHER: © ` YOUR CONCISE REMARKS: OT Y OF 1 7— >a a OFFICIALS WILLIAM G. BERG, Jr., City Clerk 'JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. 'JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 8r, Zoning Commission, please submit your comments and recommendation to Meridian .City Hall, Attn: Will Berg, City Clerk by: May 2. 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION.OF PROPERTY OR PROJECT: South of West Franklin Road and West of South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, PIZ TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL -PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES qJ OTHER: -` YOUR CONCISE REMARKS: alt r l ! ✓F ti. f., i f) , i/L A) Q l R !% E77 TEL u2. oA 77k A,Z, ,D o Gw Qo i+ o -z-no d- c % �" t -t- APR 18 1995 LL C 1 147 CITU Ot MtKIWA Geis-� SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT ek EXCEL` Dan Mabe,Finance & Administration DIRECTORS 2 Z� Jim Carberry, Secondary .. Christine Donnell, Personnel -Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET MERIDIAN, IDAHO 83642 PHONE (208) 888-6701 April 18, 1995 City of Meridian APR 2 0 19-15 33 East Idaho Meridian, Idaho 83642 C1TV of s Re:' White Stone Estates Subdivision Dear Councilmen: I have reviewed the application for Whitestone Estates Subdivision and find that it includes approximately 145 homes assuming a median value of $110,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Elementary students from this development will be transported to Ridgewood Elementary, due to overcrowding at Meridian Elementary. Using the above information we can predict that these homes, when completed, will house 21 elementary aged children, 19 middle school aged children, and 14 senior high aged 'students. At the 'present time Meridian Elementary is at 125% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are, also well over capacity. Before we could support this subdivision,.we would need land dedicated to the district or -at least made available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent 05/02/95 08: 50 U208 345 7650 AWW ,Y, f JAMES E. BRUCE. President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE. Secretary May 2, 1995 Re: Whitstone Estates Subdivision Dear Shari Stiles, A traffic study for the proposed Whitstone Estates Subdivision has not been submitted to the District. We would like to request that the public hearing for the preliminary" plat for this item, currently scheduled for May 9, 1995, be postponed until after the District reviews the traffic study. If you have any questions please feel free to call me at 345-7662. Sincerely, Mark L Butler Development Analyst cc: Charles W. Eddy, Pacific Land Surveyors Project File (Whitstone Estates) Post -Ir Fax Note 7671 Dale _ Z mor i To From coioept. ca Phone A Phone # _ —7 Fax V IC�� i'Ir0/h LQbP-Cz� f-o�uCa w w� �•� • - ado county highway district 318 East 37th • Boise. Idaho 83714 • Phone (208) 345.7680 MAY 02 '95 09:40 208 345 7650 PAGE -01 qECEIVEb SUBDIVISION EVALUATION SHEET. APR 2 7 1995 CITY Of il# khat f t L Proposed Development Name WHITESTONE ESTATES SUB City MERIDIAN , Date Reviewed 04/25/95 Preliminary Stage XXXXX Final Engineer/Developer. Pacific Land Surveyors / Whitestone Partnership 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 Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "W. FRANKLIN ROAD" "W. WALTMAN STREET" "S. LINDER ROAD" "W. GREENHEAD DRIVE" The following proposed street names are avoroved and shall appear on the plat as: }iOY vl oO ,- "W. BASALT COURT" "W. AZURITE STREET" �CsC�1F 2"O* TOO CAC6= `W P%-WCZ- e "MICA" is similar to existing street names (MICHAEL MIKE and MIKIAH) and therefore cannot be used. "CALNON" is similar to existing street names'( KELDOON and CANYON) and therefore cannot be used. "WHITESTONE"_is a duplication and cannot -be -used unless it is in alignment. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME CO MI E. AGEN REPRESENTATIVES OR DESIGNEES Ada -County Engineer John Priester � 'G� 5� Date 25 lS I r-" Z Ada Planning Assoc. Terri Raynor City of Meridian Meridian Fire Dept. Representative Representative Date Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index NUMBERING OF LOTS AND BLOCKS/S ci CE NTRAL REVIEW SHEET DISTRICT Environmental Health Division Return tot 'HEALTH APR Z 1995 1:1 Boise DEPARTMENTtit-AtAIVIA❑ Eagle Rezone # ❑ Garden city .Meridian e,# ❑ Kuna Preliminary / nal / Short Plat Z.phi �T�r� ErT.�iiZ�S �USD���_ ❑ ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: .central sewage . ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ;FT -central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ;1 central water -9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. - This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center El beverage establishment ❑ grocery store 13. d✓� 2�-�o.tir»y' �/'t�yni�w.n-�'�2 M6r/�,—org y i �o� qui Date: —�/ 1 oz(e A- 'moo Reviewed By: t,./,},T2c':L L�"1/L^2. sL L �J�CN��i YiGCOMMC�J>.9i]J�vf ,-62 (DND 10/91 rcb, rev. II/93 ill CCCENTRAL �"9 M STRICT 1HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL, • BOISE, ID. 83704.0825 • (208)'375-5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT REC0MINAENDATI0NS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGETSOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared' by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and -Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ado 1 Base County Office WIC Boise • Meridian 707 N. Armstrong Pl. 1606 Robert St. Boise, ID. 83704.0825 Boise, 0. 83705 Enviro. Health: 327-7499 Ph. 334-3355 Family Planning: 327.7400 324 Meridian Rd. Immunizations: 321.1450 Meridian, ID. 83642 Nutrition: 321.1460 Ph, 888-6525 WIC. 3 7.7488 Elmore County Office Elmore County Office Valley County Office 520 E. 8th Street N. of Environmental HeoMh P.O. Box 1448 Mountain Home, ID. 190 S. 4th Sheet E. McCall, ID. 83638 83641 Ph. 587.4407 Mountain Home, ID. Ph. 634-7194 83647 Ph. 587.9225 MAY 01 '95 01:03PM-NAMPA MERIDIAN IRG OFFICIALS WILLIAM 0. BERG. Jr.. Gtr Cork JANICE L ttAM City TM66urOr GARY D. SMITH. P.E. CITY Engineer BRUCE 0. MARY, Wet*? WWII& Supt. JOHN T. 814AWCROFT. Waste Water Sum. DENNIS J. SUMMERS. PWM 81101. SHARI S. STILES, P 8 2 Amts. KENNETH W. 80W08. Fire Chief W. L •'BILL" COROON, P0114M Clhlal WAYNE 0. CROOKSTON, JR., AI10meY t'. 4/ ( HUB OFTR&4SURE VALLEY SQUNC) MwRER9 A Good Pb= to live RONALD A. TOLSMA MAX YERRINGTON- R08ERT D. CORR18 ALTW CITE OF MERIDLAN P A UQM JIAROW OWN 33 EAST IDAHO MERIDIAN, MAHO83"2 Phone (M) 88SA433 • FAX (208) 887.4813 rte., � �n if Public Works/Building Department (M) 887-2211 UU V Ii JIM JOHNSON. Cnaunan MOE ALIOJANI JIMSNFAREA CHARLIE ROUNTREE TIM NEPPER GRANT 0. KINGSFORD $ e� Mayor 1 ! , t.,:� J VTRII" IAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEViLWRWJECTS WITH THE CITY OF MERIDiiAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mx,2 4995 . TRANSMITTAL DATE: 411195 HEARING DATE: 519195 REQUEST: A011exation/Zoning/Preliminan13140 4cz Whttesto�e estates Sub 'vision : 4 Q'tNI • L. LOCATION OF P OPERTY OR PROJECT - JIM JOHNSON, P/Z _MOE AUDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, PIZ TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR ,_„_,RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, CIC --MAX YERRINGTON, CIC 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) .S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: $ rg, c 11955 clj--4 a MAY 01 '95 13:45 2088886201 PAGE.04 OFFICIALS WILLIAM G. BERG, Jrr City Clerk JANICE L_ GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS. Fire Chief W. L 11811-L" GORDON, Pollee Chief WAYNEG. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874913 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 ZCOMMISSION JIM JOHNSON. Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: 4/17195 HEARING DATE: 519/95 REQUEST: Annexation/Zoning/Preliminary Plat for Whitestone Estates Subdivision BY: Whitestone Partnership LOCATION.OF PROPERTY OR PROJECT: South of West Franklin Road and West f South Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM &FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Q v APR 2 IN REPLY REFER TO: United States Department of the Interior BUREAU OF RECLAMATION Snake River Area Office 214 Broadway Avenue Boise, Idaho 83702-7298 SRAOW-6113 April 24, 1995 LND-1.00 Ms. Shari Stiles Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave. Meridian ID 83642 s TAn mm"N� Subject: Review of Whitestone Estates -Subdivision Preliminary Plat in NP/o, Sec. 14, T3N, R1W Dear Ms. Stiles: The United States' Ten -Mile Drain abuts this development's northern boundary. The United States purchased fee interest in the land on which the drain is sited in two parcels: 1. The earliest acquisition was purchased on September 27, 1916 from C.D. Newhouse. That deed is recorded in the Ada County Records at page 122 in book 122 of Deeds. 2.! The second parcel was obtained in 1971 from Harlan Van Hees. That deed is recorded as document 766689 in the Ada County Records. A copy is attached. This parcel appears to be encroached upon by Lots 2-5 and 7-10 of Block 1 of this subdivision. To assist this project become a positive addition to your community and to prevent problems for future homeowners, we -request conditions of your approval be: 1. To safeguard public safety, a 6 foot high chain link fence by constructed by the developer -along the Ten Mile Drain. The fence will not be permitted on the federal land. 2. The developer (or the City?) obtain permission from this office for the pathway crossing proposed behind Lot 12, Block 1. 3. The developer resolve the apparent trespass noted above so that there will be no encroachment on the United States Ten Mile Drain ownership. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, Jerrold G. Gregg Area Manager Enclosure cc: Nampa Meridian Irrigation District Pacific Land Surveyors,,290 N. Maple Grove Rd., Boise 83704 oprNLArm DEED Qi 057 ALL MEN BY THESE iTESE;7,3, That F KLAN VAN HESS end FLGP.JCE VAN HEES, husband and wife, for and in consideration of t..� conveyance to thea of certain lands by the UNITED STATES OF A 'IC:;; do, is aursuancP of the p"he of �.+- ACt of June 17, 1902 (32 Stat. 388) and acts a=.cndatoz^r thereof or su-,nle-entary theretc, kncan as the Federal P,eclaWation Laws, hereby remise, release, and forever QUITCLAIM ante the said Grcnt^e, _„s successors and assigns, ali their right, title, ani interest ani to feliowing described real Drc-oerty, situated in the Count;, Ada, Stat_ of Idaho, to-« t: „ str..n of land 120.0 feet Nide in ,,he east, haif of the ncrth- e6l.,�t--Qu Rr t?r '.:f the A:)rtheg5t 1 (>4) township three (3) north, range one (1) west,, fourteen _de 30ise meridian, Idaho, said strip of land bei"� -,o feet _ » on each side of the fcllowing described ce^.teYlihe: at a n n �`.e ea=a bca^'cr ^r the eastnhalf of the northeast quarter ofn.or'_he.st <arter (F = r +L`�) of section fourteen (' 4 ) , town - We_ idian, lia__c, -which u int _ Pe ; - -tr_ qq 00020' east of the northeast corner cf, .. a ., ect .. 9 fourteen I14), _hence n of said eF-st half Of the ncrt_ea�t northeast C -U �•s+i rPPt truth 89",.� east and .. _- ^1' ihP - �,,.; est �.>__ .... .. ......._ _ LC ter of the nsrt_.,iast n meridian, - ....__�J e and` ___'F •. a Y 1' -64 STATE OF I7A??0 ) County of On this 3c -/! day Of •A 197 before me /�/�//E2 r _ , s rotary oubli c, Personally appeare" Harlan Van Hees and Fici4ence Van Hees, husband and .:ife, known to ^• *,he within instru=:, to be `...he persons whose nares are s`.:bscr'bed to and acknowledged to'^e that they executed the same. Iii klTiia.SS :�/?•.�?BOr , _ y sot affixed „�.. .. _ � .y hand and• a__�i_.. A hereunto _- ` y _al seal as of the dayTara yea f__st above ri en. offic` „i•....n�r„r, 'fit l(�./✓�� •_�.�f �.'-'-/-GGit_ •(� Public in and for tae ` .•` /�� '-ate Jf Idaho at' /t�%nrcy /97`� yycc^=issicn expires: 0 F MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 13. 1995 APPLICANT: WHITESTONE ESTATES PARTNERSHIP AGENDA I TEM NUMBER: 5&6 REQUEST: REQUEST FOR ANNEXATION/ZONING OF 42.02 ACRES TO R-4 WITH A PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISON AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. SURVRyORS 290 North Maple Grove Road Boise, ID 83704 IvAL�—LAND Mr. Bruce Freckleton Assistant to City Engineer City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Whitestone Estates Subdivision Conditions of Approval FAX (208) 378-0025 "ECEIVED IAN CITY ENGINEER )ear: 'awed the conditions of approval and the following is our response to We have revs those conditions. � of this letter. Items 1,2 and 3 have been completed and are submitted as a p items 4 and 5 will be addressed at the design stage of the subdivision. l Item 6 is included with the preliminary Plat - item �ll be submitted at a later date. Item 7 is currently under developme of the final plat. Item 8 has been completed and will be submitted as a part ' currently has a Zone "A" designation which classifies Zone special h Item 9 -the Ten Mile Drain c 100 year flood. The balance of the property flood hazard area inundat 0 by flood with average depths of less than 1 foot or with drainage classifies it as areas of 50 y with aver, by levees from 100-yeaz flood. areas less than 1 square mile; and areas protected plat are referenced to Ada County Item 10 Elevations and contours shown on the preliminary P Highway District and USC&GS benchmarks. plat submittal. Al Item 11 Seasonal high ground water will be determined prior to final gr and and discharged to the Ten Mile Drain. drainage will be piped to a drainage p Items 12-15 are noted and will be complied with. We are exploring the possibility of applying for variances on this item. Item 16 art of this letter Items 17 and 18 have been completed and are submitted as a p Pacific Land Survy. a division of POWER Engineers. Inc., an Idaho Corporation — Pacif eorsr City of Meridian June 1, 1995 Page 2 We submit this information to be included in the June 13 Planning and Zoning Commission hearing on Whitestone Estates Subdivision. If there are any questions please do not hesitate to call 378-6381. CWE Enclosures 58-110 Sincerely, PACIFIC LAND SURVEYORS Adivision of POWER Engineers, Inc. r Charles W. Eddy r.� OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CIrTY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Shari L. t1 el s`, Planning & Zoning Administrator DATE: SUBJECT June 8, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Annexation and Zoning with a Preliminary Plat for Whitestone., Estates Subdivision by Whitestone Partnership 1. Any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved- by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department prior to signature on final plat. Recent applications for variances to tiling the Kennedy Lateral have not been successful. 2. The Ten Mile Drain will need to be fenced with non-combustible fencing outside the existing right-of-way/easement. Approvals need to be submitted from the Bureau of Reclamation to allow reconstruction of the existing pedestrian bridge. 3.• Any existing domestic wells and/or septic systems within this project will have to he removed from their domestic service per City Ordinance Section 5-104A. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Submit a letter from the Ada County Street Name Committee, approving the subdivision name and street names. 5. Submit protective covenants for subdivision in accordance with City Ordinance Section 11-9-605.I. 6. Preliminary plat map needs to have the signature and date along with the stamp of the of the Registered Land Surveyor. 7. Pedestrian walkways shall be provided in accordance with City Ordinance 11-9-605.C., including along Linder Road. 8. Easements shall be provided as required by City Ordinance Section 11-9-605.D. fy P&Z Commission, Mayor and Council June 8, 1995 Page 2 9. Provide public sites and open spaces in accordance with 11-9-605.H. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place. 10. Provide and maintain planting and reserve strips in accordance with City Ordinance Section 11-9-605.K.1. 11. Applicant is to enter into a development agreement as authorized by 11-2-416.L. and 11-2-417.D.; the development agreement shall address, . but not be limited_. to, the inclusion into the subdivision of the requirements of 11-9-605.C., G., H.2., K. and L, and the goals expressed in the Meridian Comprehensive Plan. 12. Provide chord data for all lots. Lot frontage must meet the R-4 requirements of a minimum -of 80 feet.- For purposes of calculating frontage, the line length plus one-half of the curve length is used. Some lots may need adjustment and/or arrows added to delineate the direction the house must face. 13. The Comprehensive Plan indicates that a school/park site is needed in this area. 14. Several block lengths exceed 1,000 square feet. A stub street is needed to the west in the vicinity of the Kennedy Lateral. ACHD has requested a stub street in the vicinity of Lot 12, Block 2. One block length is length is less than 500 feet. 15. The owner of 120 acres directly to the west of this proposed development was not given notice of the public hearing. Unless a waiver is received from that property owner, the public hearing process may need to be re-initiated.