Loading...
HomeMy WebLinkAboutOliason Park Subdivision PPMOWN HUB OF GALLEY LEGAL DEPARTMENT TREASURE (2()S) SS4-4264 WORKS Place to Lige IDT pUBL[C p Good � ,(E lA BUILDING DEPARTMENT Mayor � ��/■ (�08) 88"1='_'21I t013F D. CORRIE CITY O 11 i ST IDAHON�NING AND ZONING 33 EA IDAHO 83642�C DEPARTMENT MERIDIAN, 208) 887-481 Y (,08) ssa-5533 Fax ( 199$ CHARLES ROUNTREE Phone 0208) 888_4433 • c p GLENN BENTLEY S Gr O CIiY RON ANDERSON OF iVIERIDIAN KEITH BIRD 4: ON DEVELOPMENT PROJECT 1viENTS L T O AGEN CIEs TIRE ""TY OF MERIDIAN WITH Meridian TRANSMITTA Will be considered by the recommendations comments and recommendations re that your comments and recom our com►� To insure lease submit Y 1 gg8 Commission p October 6 13 1998 and Zoning City Clerk by HEARING DATE' October planning Attu � W-111 Berg, to Meridian City Hall, 1998 DATE Au ust 28 IASON PARK SUBDNISION TRAI`NSMI�AL OR OL ST: PRELIMINARY PLAT F UEST.. Pine Y: J J. HOWARD PROJECT' East of 603 E. B PROPERTY OR LOCATION OF PR AN SCHOOL DISTRICT NAL PLATT EERD PIZ _ TAMMY DEW _ MALCOLM MACCOY, PIZ MARK NELSON, PIZ —BYRON SMITH, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, CIC CHARLIE ROUNTREE, CIC KEITH BIRD, CIC GLENN BENTLEY, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -5POAT EPARTMENT CITY CITY ENGINEER —_CITY PLA CITY FILES = ERIDI POST OFFICE(PRELIM & FI MERIDIAN All COUNTY HIGHWAY -"ON ICT _,ADA PLANNING --- CENTRAL DISTRICT HE"LTHN RMPA MERIDIAN IRRIGATIO DIS7RICT DISTRICT N SETTLERS IRRIGATION IDAHO POWER CO (PRELIM & FINAL PIAT) �U S W EST(PRA N GAS( RELIM & FINAL FINAL) �INTE& FINAL P1 RMOUNT MgTIO pRELIMMENT _� U OF RECTA EP BURSA 10 IDAHO TRANSPORT ADA COUNTY (A N ✓ J CONCISE REMARKS' YOUR -DEcEYvFD SUBDIVISION EVALUATION SHEET SEP 0 4 1998 CITY OF MERIDIAN pLANNING MWACbevelopment Name OLIASON PARK City Meridian Date Reviewed 09/03/98 Preliminary Stage XXX Final Engineer/Developer .J.J. Howard Enqr. / Tony Hickey 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 "E. PINE AVENUE" "E. IDAHO AVENUE" "E. BROADWAY AVENUE" No new street names were proposed 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 _ Ada County Engineer Ada Planning Assoc. City of Meridian Fire District John Priester Ann Hurley Representative Representative PRESENTATIVES OR ' Date Date - 3 Date -3 C1/0 011 Date , 7 '74 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat', otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1E 7 Section NUMBERING OF LOTS AND BLOCKS.Gt TR\SUBS\SM CITY.FRM SUBDIVISION EVALUATION SHEET MAR 0 9 1999 Proposed Development Name _OLIASON PARKPL City Meridien Date Reviewed _93/04/99 Preliminary Stage Final XXX Engineer/Developer .J.J. Howard Enar. / To v- Hickev 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 app" r on the plat "E PINE AVENUE' "E IDAHO AVENUE _- "E BROADWAY AVENUE" No new street names were proposed 1 ncj wove wreei 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�Y REPRESENTATIVES OR DESIGNEES / I Ada County'Engineer John Priest,Date �l Ada Planning Assoc. Ann Hurle ' Date - y City of Meridian Representative Date 3- `f✓- 7 Fire District 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 Subindex Street Index 3N JE 7 Section NUMBERING OF LOTS AND BLOCKS TRASUBSISM CITY.FRM To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning anpZin ector From: Bill Gigray, City Attorney Re: Regular Agenda City CounciJanuary 5,1999 Items 4-7 Date: 1-2-99 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Tony Hickey as the duly authorized agent of Virginia Jennison Family Trust for the development of Oliason Park Subdivision. You may take up agenda items 4, and 5. Then for item no. 6 the Council should receive the same approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. then recommend that Item no. 7 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. ROBERT D. CORRIE CITY OF MERI DIAN Mayor PUBLIC WORKS / BUILDING DEPARTMENT couNcrL EMBERS RON ANDD ERSSONON GARY D. SMITH, P.E. KEITH BIRD Public Works Director TAMMY DEWEERD CHERIE MCCANDLESS May 9, 2000 Mr. Tony Hickey pe -E, IVED Avante' Realty, Inc. J U N 0 9 2000 2090 S. Cole Road Boise, Idaho 83709 CITY OF INIERIDIAN PLANNING & ZONING RE: OWSon Potrk Subdivision Dear Mr. Hickey: As I related to you in my Memorandum dated 9/30/99, sent via facsimile to you, prior to me signing this plat you need to submit a Letter of Credit to me to guarantee completion of all off.site improvements. Those off-site items I outlined in my 9/30/99 Memo are: 1. Two (2) streetlights valued at $1500 each. 2. Pressurized Irrigation System. 3. Landscaping. 4. Subdivision perimeter fencing, except where fencing presently exists and is allowed by our Planning and Zoning Administrator. The Letter of Credit shall be for an amount of 110% of the value of these off-site improvements as verified by a contractor's bid, copy of which bid is to be submitted with the Letter of Credit. It is my understanding, from telephone conversations with you, that some of these off-site improvements have been completed. Please advise me as to what is completed so this department can verify. I have reviewed the plat mylars and find that they contain all information our review originally requested. In that regard I can sign this plat and forward it to our City Clerk for his signature, after I receive the Letter of Credit. As you requested in your May 8, 2000 letter to Mayor Corrie, You would be able to proceed with the plat through Ada County as you continue to negotiate for a sanitary sewer line easement with Mr. Gene Strate. I have given your proposal, for an alternative to sewer this subdivision, a lot of thought and have had a difficult time making a decision. After much thought, I find I cannot support your request to install a pressurized system, even as a temporary measure. The gravity system is in place, has been tested and is ready to be accepted by the City pending our receipt of a permanent sanitary sewer easement across Mr. Strate's property or connection of the line to the City trunk line on the McKague property. Please proceed on that basis. In addition, please be aware that even though this plat may be recorded, without sanitary sewer service we will not be able to issue building permits for these lots. 200 East Carlton, Suite 100 • Meridian, Idaho 83642 1 Phone (208) 887-2211 Fax (208) 887-1297 If you have any questions please call. Si erely, D mith, PE City Engineer Cc: Mayor Corrie, Bill Nichols, Shari Stiles, file BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF THE VIRGINIA JENNISON FAMILY ) TRUST BY THEIR DULY AUTHORIZED ) AGENT, TONY HICKEY, APPLICATION FOR ) PRELIMINARY PLAT FOR 2.84 ACRES FOR ) PROPOSED OLIASON PARK SUBDIVISION,) EAST OF 603 PINE, MERIDIAN, IDAHO ) FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT This matter coming before the City Council for public hearing for Preliminary Plat approval pursuant to § 11-9-604 E of the Municipal Code of the City of Meridian on this 15`h day of December, 1998 and the Council finding: FINDINGS That notice of public hearing has been given in accordance with the City Ordinance. 2. The administrator's report on the status of the application has been received and is complete which has included certain comments and conditions as stated in a letter to the Mayor, Council and Planning and Zoning dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 14 Site Specific Comments which are herein found to be fair and reasonable under the circumstances. 3. The proposed development is found to be in conformance with the Comprehensive Plan of the City. 4. Subject to the conditions of approval the proposed development is found to have Urban Services to accommodate it and is in continuity with the City's Capital ORDER OF APPROVAL OF PRELIMINARY PLAT OLIASON PARK SUBDIVISION Improvement Program and there is existing public financial capability of supporting services for the proposed development. The Council having considered the requirements of its subdivision ordinance for Order of Conditional Approval of Preliminary Plat approval and having made its findings IT IS HEREBY ORDERED THAT: 1.) The Preliminary "Plat of Oliason Park Subdivision" as evidenced in Plat bearing the Drawing No. 311-07-240-000, SHEET 1 OF 1 dated 8/12/98 CAD DWG: PINE.DWG is Conditionally Approved subject to those conditions as set forth in the letter to the Mayor, Council, and Planning and Zoning, dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 14 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference Incorporated herein. By action of the City Council at its regular meeting held on December 15, 1998. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B�% �/�h Dated: l — ? Vity&Clerk ,1+�1�,1," OF msg/D:\MyFiles\Meriden F' FF CONDITIONAL APPROVAL\ORDER CONDITIONALLY APPROVING PRELIMINARY PLA FO DE D A599ROVAL OF PRELIM PLAT 010299.doc ORDER OF�PP AL OF IA�fINARY PLAT OLIASON PABA Mayor ROBERT D. CORRIE Co un ii %1 rne,c CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: To: From: Re: NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 836.12 Phone (208) 888-4433 • Fax (208) 887-4813 Mayor, City Council, Planning & Zonina Bruce Freckleton, Assistant to City E ainee-� Shari Stiles, P&Z AdministratorLX LEGAL DEPARTMENT (208) 884--1264 PUBLIC WORKS BUILDING DEPARTMENT (2-08)887-3211 PLANNING AND ZONING DEPARTMENT (208) 88-1-1533 October 8, 1998 OLIASON PARK SUBDIVISION by Tony Hickey Request for Annexation & Zoning to R-8 for 11 Single Family Dwellings Request for Variance on Lot Frontage from Required 65 foot Min. to 58 feet Request for Preliminary Plat Approval We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1 • Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivisi and street names. Make any corrections necessary to conform on 5• Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 6. Indicate on the final plat map any FEMA FIood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 011a n Park,PP.do Mavor, Council and P&Z October 8, 1998 Page 2 7. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.Nf. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit tea copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian. and State Tax Commission. 2. Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 3. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The temporary turnaround shall be constructed to ACRD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 5. The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Please show any existing easements of record. 6. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 7. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. S. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the 01i on Park PP. doe Mayor, Council and P&Z October 8, 1998 Paize 3 Pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. Please indicate the existing land use and zoning of all adjacent properties. 10. Please submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 11. Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20 -foot -wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 12. Add a note that the minimum residential house size is 1,301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 13. Applicant has submitted an application for variance from the minimum frontage requirement of 65 feet. Due to the depth of the lots, this should not be a problem, and minimum lot size of 6,500 is being met. 14. The applicant has submitted a "Water Level Investigation" report dated August 19, 1998 by Kleinfelder, Inc. to try and establish the ground water elevation on the project site. Four test hole trenches were dug utilizing a rubber tire backhoe. Water levels were recorded on that day for each of the four trenches. The trenches were then backfilled with the native materials. Although this is good information to have, we want to determine the highest normal ground water elevation (sustained), that could be expected on the project site. We have placed calls to Kleinfelder to discuss the report, however we have been unable to reach the two individuals that penned the report. 0haton Paric PP dm MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: TONY HICKEY AGENDA ITEM NUMBER: 5 REQUEST: PRELIMINARY PLAT FOR PROPOSED OLIASON PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 48 MacCoy: You want to vote? De Weerd: Yeah, I do. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM #12: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY – EAST OF 603 E. PINE: MacCoy: It's a public hearing for the same product and the staff has already given their statements for the two, #11 and #12. So I open the door to the public and the applicant, is there anything you want to say for Item #12? Maybe you ought to come forward and say what you just said. Your comments for Item #12 remain the same. Parker: My comments remain the same for Item #12. Nelson: I have a question for you while you are here. If you did take for instance on the Idaho Street side, you have six lots at 55.58 feet. If you were to make that five lots, they would be 66.7 feet, I think that is frontage for R-8. But then that's pretty deep 163 feet. It's about almost 11,000 square foot yard. Then would it be safe to say that's—the discussion was the difference between whether it was viable or not to subdivide it in that fashion. Parker: (Inaudible) create 11,000 square foot lots. Nelson: Well, there was concern about the density, did it really need to be ten more, could we get away with eight more lots? That was a question that was brought up (Inaudible) Parker: I would have to refer to my developer basically. I can't speak for his pocket book. Should I allow him to speak, or do I need to speak for him? Smith: He can speak for himself. TONY HICKEY, 2090 S. COLE ROAD, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Hickey: I sent a letter to the staff some time ago in response to an effort initially to meet part of the areas zoning and that there are a lot of apartments so on and so forth in that general area. I wanted to build townhouses for empty nesters, roughly 2.2 million dollars which have been a tax base for the City of Meridian and was told that wasn't an appropriate situation there. We went back and re- MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 49 addressed the issue, reconfigured a street coming through so we would not have to build a street coming through and reduce the lots down to where we had single family dwellings, probably somewhere in the neighborhood of 1 to 1.1 million dollars of tax base for the city and reducing any development value or profits considerably. I've looked at it, studied it, went over the issues time and time again. There isn't any way to make this a business transaction with less than ten new lots there considering the fact that I have to put in nearly 700 feet of sewer that may or may not ever get any money of that back. If it is a ten year process, I can get latecomer fees on it. I'm not satisfied that the rest of the property will develop in the next ten... (END OF TAPE) Hickey: I also have to build a considerable amount of street, 40 foot wide street to service six houses and the expenses are such that it doesn't make any financial practical business sense to go less than 10 new lots. So with all due respect, if I can't do ten lots, I would like to know that tonight and we will continue with—it's in the county, we'll just leave it in the county bit the bullet and walk away from any further discussion, if we can't do ten lots, I don't even want to approach it for less than that. I've already got probably $10,000 dollars spent to this point so far and I'm not satisfied that that's anybody's fault but my own, but that's the way it works. If we can't do ten, lets just pass. Nelson: Well, it's just more in my head. Currently several of this lots are you know, over 9,000 square feet. Hickey: Correct. Nelson: Which exceeds even R-4. Hickey: Correct. Nelson: Reducing that would put them up over ten. I wouldn't want to mow 10,000 square feet myself. Hickey: Neither would I sir. Nelson: Then the issue is—there is still a variance for that frontage which doesn't go through us anyway, you are aware of that? Hickey: Correct. Nelson: Anyway, I just wanted to discuss that. Hickey: The lady that came up earlier said, why can't we just do four. Well, because the cost of the development is more than the cost of the (Inaudible) land MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 50 with all the different fees and costs and things that are incurred. The raw land, if I go down to four lots, if the land was free, I could not afford to develop it. Free ground and be able to build a home that would fit in the neighborhood. No one on this panel or in this room will pay 180-200, 000 for a house on East Pine next to 100,000 dollar homes. So the whole theory of Oliason Park is to try and bring old town out another 300 or 400 feet and do something that is very similar to what is there now. De Weerd: She was referring to I believe to four homes just off of Pine, not for the whole project. Hickey: I'm sorry, yeah, I understand that. Given that we did go down to say four, five, seven, eight lots. The cost of the lots has to go up in order to make a balance so there is any reason for the landowner to develop it and there is any reason for the developer to take the risk in the thing. The total project, the total home, lot and all, the lots should not be more than 20-25% of the project. A $30,000 lot will dictate $120,000 plus or minus, probably plus home. That's not going to handle $120,000 dollar home in that neighborhood. It's just not going to handle, if I loose two more lots, we go up to $140,000 or $150,000 dollars in order to make it come out. Nobody is going to build that house. So like I say, if we can't get at least ten building lots, I'd just as soon pass. It isn't going to look a lot like old town anyway, because now we are going to have berms and we are going to have 1998 straight frontage which isn't going to look like old town, we can live with that, but if we go any larger lots in order to get this 66 or 67 feet, then I would just as soon pass on the whole thing. Any questions? MacCoy: Mr. Smith, or Mr. Nelson? (Inaudible) Smith: When you say it's not going to look like old town, it's going to look like 1998, I'm assuming that we are going to see garages facing the street and that's going to be the most prominent feature of it, all from the street frontage. Hickey: No, in fact, I would hope not, but we will have the berms and we will have like 40 feet of setback where the other houses are 15 or 18 feet off of the street, these will be 40 feet off and so on and so forth. Because of the 20 foot mandatory setback and then you've got the yards and so on and so forth, so it's going to look considerably different and I would hope that I could arrange them so that the garages are not real prominent. Smith: That would be nice. That's about, when you get down to a 60 foot frontage or 55, it's pretty tough to pull that garage back. (Inaudible) able to access and get a buildable, workable plan on your house. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 51 Hickey: At $30,000 dollar building lots, it's real difficult to build a house and not have a lot of garage out front. Thank you. MacCoy: Commissioner De Weerd? Alright, Borup. Borup: I have a question for Hickey. You made a statement in your letter about lot sizes. Did you research that to the extent that you know what the lots sizes were on Pine Street. Hickey: I didn't do... Borup: Or Idaho. Hickey: commissioner Borup, I didn't do a thorough research. I did look at maps and plats, they all appeared to be in the roughly 50 foot width to me, but I did not actually go out and physically measure any of them and I did not pull a plat to show me what the exact measurements of each of those were. Borup: Okay, that's what I wanted—it appears to me that half of them are probably that size, but I can't read any of these dimensions on this, so that's what I was wondering. Thank you. MacCoy: Thank you. Does anybody else here want to make a comment? (Inaudible) do you have anything that you want to add to this? Okay, as far as the commissioners, do you have any questions among yourselves that you want to discuss before we close the public hearing, or table it or what else you want to do. Borup: It appears by looking at the plat that we have that this stretch right here (Inaudible) to the west is the only area right here that doesn't have an alley, is that correct Mr. Hickey, no alley to the west of your property? MacCoy: This one here is an alley, because I've been down there. This isn't one. Borup: But on the other side of 5t' they all seem to. MacCoy: Yeah. It was the old town. Borup: That's the old town look. That would solve garages on the major streets, but. De Weerd: There is no alley to tap into. Borup: Somebody blew it 80 years ago. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 52 De Weerd: They were being progressive. Nelson: To move on, would we have to table this public hearing and go back to the next one to approve first? MacCoy: Yeah, (inaudible). So, is that what you want, does the commission want to do that? Nelson: Do we need to(Inaudible). MacCoy: Okay, do you want me to close it? Borup: I do have one more question that's on exact size, we've got in the documents one says approximately two acres, another says 2.5 and the other says 2. 84, do we know what size this property is? MacCoy: Do you want to come up and make it on the mike here please. Parker: 2.84. Borup: That is the correct size, okay, thank you. MacCoy: Do you want to close the public hearing, I'm prepare to do that. Okay, I'm going to close the public hearing for now and the commissioners will make their decision. Nelson: Commissioners, I would like to—I'd move that we table this item. MacCoy: Item #12. Nelson: Yes. Until November 10tH Smith: Second. MacCoy: All in favor of that? MOTION CARRIED: All ayes. MacCoy: You going back to #11 now? De Weerd: Yeah, I would like to move that we put back on the table Item #11. Smith: Second. MacCoy: All in favor? MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 53 MOTION CARRIED: All ayes. (TABLED BEFORE ITEM ITEM #11: REQUEST FOR PROPOSED OL ASON PARK SUBDIVISION AND ZONING OF 2.84 ACRES FORON BY TONY HICKEY — EAST OF 603 PINE: MacCoy: I closed the public hearing. Alright commissioners, what is your decision for Item #11? Borup: Just one comment, 2.84 acres divided by 11 lots is almost 2.6 per acre. don't know if that helps, but that gives us a relationship to what the density is. What 1-1 may have said that wrong. The 2.84 acres divided by eleven lots is .258 lots per acre. Smith: .258 De Weerd: 2.58. Borup: Okay, the decimal point is in the wrong place. 2.58, maybe it's not in the wrong place, maybe I can't see it. MacCoy: What do you want to do with Item #11? De Weerd: I would move that we ask the city attorney to draw up Findings of Fact and Conclusions of Law to approve the annexation and zoning of 2.84 acres for the proposed Oliason Park Subdivision. Nelson: Second. MacCoy: All in favor? I hear three ayes, but are you going to abstain or are you going to say nay? Smith: Nay. MOTION CARRIED: Three ayes, one nay. MacCoy: It moves on to the attorney for preparing the facts. Item #12 has been tabled to the November 10th, meeting. ITEM NO. 13: REQUEST FOR ANNEXATION S RICTI NO 2N WESTING SIDEF 12.21 OF EAGLE BY MERIDIAN JOINT SCHOOL ROAD BETWEEN FAIRVIEW & USTICK ROAD: MacCoy: Staff do you have any comments before we start this thing? I'm still waiting for staff, found your place yet? 1ZFC-E�1) 41FCFr\7EDJ u N - s znnn oLIAsoN PARK sUBDrvISIc�WN 0 9 2000 CITY OF HERMANC11T O>� MERIDIAN DECLARATION OF COVENANTS, CONDITIONTM Wf9*&"IT01VS AND NEIGHBORHOOD ASSOCIATION THIS DECLARATION, made on the date hereinafter set forth by F.A. Hickey and M. Jean Hickey, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in Meridian City, County of Ada, State of Idaho, which is more particularly described as: Lots 2 through 10 inclusive of Oliason Park Subdivision, a re -subdivision of a portion of Lot 1 Onwiler Subdivision lying in Section 1, T. 3N.,R 1 E; Boise Meridian, Meridian City, Ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1 "Association" shall mean and refer to OLIASON PARK NEIGHBORHOOD ASSOCIATIONS, INC., it's successors and assigns. Section 1.1 "Incorporation by Reference". Any and all provisions contained in the Articles of Incorporation and Bylaws of Oliason Park Neighborhood Association, Inc., as amended from time to time are incorporated herein and made a part hereof. To the extent any provision of the Covenants, Conditions and Restrictions for Oliason Park Subdivision conflicts, modifies or amends any provisions of the above referenced Articles of Incorporation or Bylaws incorporated herein, the provision of this instrument shall control. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Page 1 • Section 3. "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the -Owners. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to F.A. Hickey and M. Jean Hickey, their successors, and assigns if such successors and assigns should acquire more than one undeveloped lot from the Declarant for their purpose of development. ARTICLE II SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS Section 1. "Floor Area" The floor area of a one-story house in this subdivision shall not be less than 1,300 square feet on the ground floor. However, where continuous roof lines cover entrance or porch areas, breezeways, or patios, 25% of the floor area of such covered areas may be included at the discretion of the Architectural Committee in determining the ground floor area of the home. For the purpose of the Covenants, eaves, steps and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. All area requirements shall be exclusive of the required 2 -car garage. Two-story and tri -level homes shall have not less than 1,600 square feet, exclusive of covered porches, entrances, or patios. No split entry homes, or moving of pre -built homes into the subdivision, will be allowed. No residence shall be in excess of two stories above ground. Section 2. "Value" The value of any residence shall exceed $100,000. based on August 1998 values. Section 3. "Exterior Appearance" Each house in this subdivision shall include some brick, stucco, or stone on the front exposure and roofs of at least 4 in 12 pitch. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. No gravel roofs will be allowed. All Lots shall be provided with a driveway and a minimum of two off-street automobile parking spaces within the boundaries of each Lot. Section 4. "Color" Exterior body colors of earth tones or light blues or grays shall be encouraged. Bright or bold colors, or very dark colors, shall be discouraged. Page 2 Section 5. "Landscaping" Landscaping of front yard must be completed within thirty (30) days of substantial completion of home and is to include sod and sprinkler system in the front yard, one flowering plum tree of at least 1.5" caliper, five (5) five gallon plants and five (5) two gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass shall be planted in the back yard within one year of occupancy. Rock or gravel may not be used as landscaping to provide parking adjacent to driveways. Section 6. "Common Area" The Common Area to be owned by the Association as the time the conveyance of the first Lot is described as follows: Center landscape island between lots 3 and 4. ARTICLE III GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS Section 1. "Approval of Plans" No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said properties. Section 2. "Light Pole" Each home is required to have a photo -sensitive pole light installed in the front yard within ten (10) feet of the property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 40 watts. Completion is the specific responsibility of the Builder. Section 3. "Garages" All houses shall have an enclosed garage which holds no less than two cars and no more than three. Section 4. "Vehicle Storage" Parking of boats, trailers, motorcycles, trucks, truck -campers, motor homes and like equipment, or junk cars or other unsightly vehicles, and like items, shall not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. Page 3 Section 5. "Fences". Fences shall not extend closer than twenty (20) feet to any street right-of-way, nor higher than six (6) feet, nor closer than five (5) feet to the nearest front corner of the house without express approval of the Architectural Committee, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions, or barriers, shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets, and shall not be allowed to constitute an undesirable, nuisance, or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance or noxious use exits? Section 6. "Setbacks". No building shall be located on any Lot nearer than twenty (20) feet from the front line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. Section 7. "Additional Easements". In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other Lot lines for installation and maintenance of utilities, irrigation, and drainage. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility is responsible. Section 8. "Construction Time". Construction of any residences in the Subdivision shall be diligently pursued after commencement thereof, to be completed with eight (8) months. Section 9. "No building shall be moved onto the premises. Section 10. "Type of Residence". No shack, tent, trailer house, or basement only shall be used within the Subdivision for living quarters, permanent or temporary. Section 11. "Outbuildings". Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of quality building material, completely finished and painted on he outside and shall be of quality and character that will be in harmony with the other buildings on aid properties and must be approved by the Architectural Committee. Page 4 • 0 Section 12. "Antennae and Satellite Dishes" Installation of radio and/or television antennae or satellite dishes is prohibited outside of a building without written consent from the Architectural Committee which would require them to be screened from the street view. Section 13. "Offensive Items" Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on, nor shall anything be done or permitted in said Subdivision which may be or become an annoyance or nuisance to the other property owners in said Subdivision. Weeds shall be cut to less than four (4) inches. Section 14. "Animals" Keeping or raising of farm animals or poultry is prohibited. All dogs and cats or household pets kept on the premises shall be fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Section 15. "Conducting Business on Properties" No business shall be conducted on the above properties that cannot be conducted within the residence of the Owner as permitted by law. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this Subdivision. Section 16. "Irrigation Water" Irrigation water, when available, will be supplied through Nampa -Meridian Irrigation District via a pressurized water system. Each lot shall be subject to any License Agreements with Nampa -Meridian Irrigation Districts affecting the property. In he event of any conflict between the terms of these CC&R's and any License Agreements with Nampa -Meridian Irrigation District, the License Agreement shall control. Each Owner shall pay its Nampa -Meridian Irrigation District water assessments as assessed by that Irrigation District. Each lot shall be subject to said assessments. In the event that the irrigation water system is not maintained by Nampa -meridian Irrigation District, then any ditch, irrigation system, or irrigation pipe which lies within any Owner's property shall be maintained by the Owner of that property, but such maintenance shall be limited to the pipe or ditch inside the Owner's property. Page 5 All maintenance of the pump equipment and pump building including all costs of said maintenance shall be the responsibility of the Oliason Park neighborhood Association. The Association Board shall make an irrigation rotation list of times each lot is entitled to use irrigation water from the irrigation system, available as is necessary, to create an equitable rotation of irrigation times between lot owners and to maximize the water and pressure of the system. Each lot shall abide by such rotation times. Section 17. "Sewer Locations" All bathroom, sink, and toilet facilities shall be located inside the dwelling house or other suitable appurtenant buildings, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. Section 18. "Signs" No sign of any kind shall be displayed to public view on any building or building site on said properties except a professional sign of not more than five (5) square feet advertising the property for sale or rent by an owner to advertise the property during the construction sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant and its agent may post a "Sold" sign for a reasonable period following the sale. Notwithstanding any provision to the contrary, signs of any and all sizes and dimensions may be displayed by the Declarant, without limitation thereto, on Lots owned by said Declarant. The Association may display a sign of any size and dimension, without limitation thereto, for subdivision identification. Section 19. "Waste Disposal" No Lot or building site included within this Subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Section 20. "Construction Equipment" No machinery, building equipment, or material shall be stored upon site until the builder is ready and able to immediately commence construction. Such building materials must be kept within the property line of such building site upon which the structure is to be erected. Section 21. "Damage to Improvements" It shall be the responsibility of the Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. It shall be conclusively presumed that all such improvements are in good sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. Section 22. "The Architectural Committees" decision is final and binding on all issues. Page 6 • 0 The Association, or 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 by 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. Section 2. "SEVERABILITY". Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. "Amendment". This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than sixty-seven percent (67%) of the Lot Owners. Any amendment must be recorded. Section 4. "Time Extension for Covenants". The Covenants set forth in this instrument shall run with the land and shall be binding on all persons owning a lot(s) under them for a period of thirty (30) years from the date of this recording thereof, after which time such Covenants shall be automatically extended for successive periods often (10) years, unless at any time after the initial recording of this instrument an instrument signed by sixty-seven percent (67%) of the Lot Owners of this Subdivision has been recorded agreeing to terminate said covenants, in whole or in part. ARTICLE VI PROPERTY RIGHTS Section 1. "Owner's Easement of Enjoyment". Every Owner shall have the right and easement of enjoyment in and to the Common Area and irrigation system which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to charge assessments for the maintenance of the Common Area and irrigation system; (b) The right of the Association to suspend the voting rights and right to use of the Common Area and irrigation system by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its public rules and regulations; (c) The right of the Association to dedicate or transfer all or any part of the Common Area or irrigation system to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by two-thirds (2/13), of members has been recorded. Page 8 0 0 Section 2. "Delegation of Use". Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the properties. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS Section 1. "Membership". Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Every person or entity who is a record Owner (including contract sellers) of a fee or undivided fee interest in any Lot located within said property shall, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied Lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. The financial reports, books and records of the Association may be examined, at a reasonable time, by any member of record. Section 2. "Voting Rights". Each member shall be entitled to cast one vote or fractional vote as set forth herein for each Lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each Lot. The vote applicable to any Lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provided otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. Section 3. "Officers and Directors". At an annual meeting called pursuant to notice as herein provided for the establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. There shall be three Directors elected to serve for a period of one year. Page 9 • 0 Section 4. "Common Area Matters". The Association shall have the richt to dedicate or transfer all or any part of the Common Areas or irrigation system to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition or transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than ten (10) days nor more than fifty (5 0) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding sixty (60) days for each infraction of its published rules and regulations. ARTICLE VIII COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. "Creation of the Lien and Personal Obligation of Assessments". The Declarant for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 1. An initial assessment of One Hundred Twenty Dollars (S 120.00) for each Lot payable at closing, 2. Annual assessments or charges, 3. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's 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's 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. However, the personal obligation for delinquent assessments shall pass to his successors in title. Section 2. "Purpose assessments" The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, Irrigation System and private sanitary sewer. Page 10 Section 3. "Maximum Annual Assessment" Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One hundred twenty dollars and no/100 ($120.00) 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 not more than 5% above the maximum assessment for the previous year without a vote of the membership. (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 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. "Special Assessments for Capital Improvements" In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, n whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the common area or irrigation system including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. "Notice and Quorum for Any Action Authored under Sections 3 and 4" Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. Section 6. "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, or annual basis at the discretion of the Board. Page 11 Section 7. "Date of Commencement of Annual Assessments: Due Dates". The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area and irrigation system. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (3 0) 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 by an officer of the Association setting forth whether the assessments on the 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. Section 8. "Effect of Nonpayment of Assessments: Remedies of the Association". Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum. The Association, or any Owner, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the 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 and irrigation system or abandonment of his Lot. Section 9. "Subordination of the Lien to Mortgages". The lien of the assessments Provided for herein shall be subordinate to the lien of the first mortgage. Sale or transfer Of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot =_--_-_:_:ant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. _ =Property Exempt from Assessments". the following property subject to this declaration shall be exempt from the assessments created herein: (a) All properties expressly dedicated to and accepted by a local public authority. (b) Any local properties owned by the Association. Page 12 0 0 Section 11. "Association Duties". The Association is authorized, but not limited, to performance of the following: prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the association for the next calendar year growing out of or in connection with the maintenance and operation of the irrigation system. Common Areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty, and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to Common Areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association from a previous period and the :=etion of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the Common Area, irrigation system, and improvements. be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills, and related expenses for any Common Area or the irrigation system. Page 13 ARTICLE IX DECLARATION OF SOLAR COVENANTS, CONDITIONS AND RESTRICTIONS In recognition of the requirements of Boise City Code and of the economic and enviromnental benefits of solar energy use, Declarant desires to provide for the preservation of solar access in the subdivision and to that end desires to impose, in form of covenants. conditions and restrictions running with the land. a general scheme of solar access protection upon the ownership, use, and occupation of all loss therein which shall be binding oil all parties having any, right. title or interest in the properties. or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner lhercof. Section I. Solar access definitions. Unless the context clearly requires othenNise. the following teens used in this Article IX Section 1 Solar .Access Conditions and Restrictions shall apply through this Article. A. Exempt Tree. Ally preexisting vegetation as defined in Article IX Section C, or any vegetation included in the list of solar friendly vegetation kept by the City of Boise Public Works Department and the Community Planning and Development Departments. B. Front Lot Line. The line represented by the connection of the most distant corners of a lot, including flag lots, where said corners are in conutton with the boundary of a public or private road. For corner lots, the front lot line is designated on tl:c plat. C. North slope. The gradient, in percent slope, from the average finished grade of the front lot line of the shade restricted lot to the average finish grade of the solar lot line of a solar lot. The slope must be downward or decreasing in elevation from south to north. D. Restricted Vegetation. A tree or other vegetation which is either evergreen, or if deciduous, tends to retain its leaves late in the fall and / or drop them late in the spring, or has a dense branching pattern which generally tends to block a high level of the sun's rays during the heating season. Refer to the list of "solar friendly" trees on file with the Boise City Public Works Department and the Community Planning and Development Department. E. Shade. That portion of the shadow cast by the shade point of a structure or vegetation which exceeds the 11.5 foot fence at the solar lot line at solar noon . January 21st. Page 14 s 0 F. Shade Point. That part of a structure, tree or object on a shade restricted lot which casts the longest shadow ( the most northerly shadow ) when the sun is due south on January 21 St. at an altitude of twenty-six (26) degrees above the horizon. except a shadoiy caused by a narrow object such as a chimney, antenna. utility pole, wire, etc. G. Shade Point Height. The vertical distance or height measured from the average elevation at the solar lot line at the shade point. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a geodetic north -south line. the shade point height computed according to the preceding sentence may be :educed by 3 feet. If a stnieture has a roof oriented within 45 degrees of a geodetic east -west line with a pitch which is flatter than G feel (vertical) in 12 feet (horizontal), the shade point will be the cn%-e of the roof. If such roof has a pitch which is G feet in 12 feet or steeper. the shade point gill be the peak of the roof. H. Shade Restricted Lot. Any lot within the subdivision that is southerly of and adjacent to a solar lot . These lots have some restriction of vegetation types and structure height. I. Solar Friendly Vegetation. A tree or other vegetation which is included on the solar friendly vegetation list of the City of Boise Public Works Department and the Community Planning and Development Departments. J. Solar Lot. A lot so designated on the recorded plat Amaryllis Subdivision which has the following characteristics: 1. The front lot line is oriented within thirty(30) degrees of a geodetic cast / west beari ug: 2. The lot to the inune�iatc scuth has a north slope of tell( 10) percent or less: and 3. Is intended for the construction of an above ground inhabited stricture. K. Solar Lot Line. The most southerly boundary of a solar lot: the line created by connecting the most distant southerly corners of the solar lot. L. Solar Setbacks. The mininuun distance. measured perpendicular in a southerly direction, from the center of the solar lot line to the shade point of a structure or to restricted vegetation based upon its height at maturity on the shade restricted lot. Page 15 AN Ah SOLAR ACCESS COVENANTS, CONDI"PIONS AND RESTRICTIONS A. Shade Restrictions. Each lot within the subdivision �yhich is classified as a Shade Restricted Lot shall have the following restrictions: Any structure or restricted vegetatiou (solar unfriendly) cannot cast a show higher than an imaginary fence 11.5 feet above the solar lot Iine on solar noon of January 21st when the sun is at an angle of 26 degrees above the horizon. This sun angle at noon on January 21st causes structures, vegetation, and other objects to cast a shadow twice as long as their height. The height of the shade point of a structure on the 51dc restricted 1_s�t icylimited to 19 feet at the 15 foot rear Yard zoning setback in order that the 11.5 foot high "solar fence" at the north property line of the Shade Restricted Lot is not exceeded. These standards assure that a structure built to the 15 foot rear _Yard zoning setback, on the Solar Lot located to the north, will not be shaded more that 4 feet above grade on its south wall on January 21st at solar noon. B. Pre -Existing Vegetation. Restricted vegetation (solar unfriendly), which existed when the subdivision was platted is exempt from the provisions of these covenants. conditions and restrictions. Anv lot which would be shaded beyond the allowed shade limit by such vegetation shall not be classified as a Solar Lot. C. Slope Exemption. Any lot wi(h an average finished grade along the north -south lot dimension greater than ten (1O) percent shall be exempt from the terms and conditions of these covenants. conditions and restrictions. D. Solar Setbacks. Each separate structure and item of restricted vegetation shall have a solar sctback dependent on and calculated by its shade point height. All shade restricted lots shall have the following solar setbacks: Solar Setback (in feet)=(,Shade Point Height (in feet) -1 1.5') x2. Table below shows a fe- examples of solar setbacks for gi%c:i shade lx)irnt heights. "TABLE I SOLAR SETBACKS REQUIRED FOR A GIVEN SHADE POINT HEIGHT Shade Point Solar — Hc1Eht S-QLLLrk 1(1' 151 (Y 7' 20' 17' 25' 27' 30' 3 7' Page 16 0 • IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have executed this insturment on this day of , 2000. F.A. Hickey M. Jean Hickey CSL BEFORE THE PLANNING AND ZONING COMMISS11 Tf IN THE MATTER OF THE APPLICATION ) OF TONY HICKEY, EAST OF 603 PINE, ) RECOMMENDATION FOR PRELIMINARY PLAT OF 2.84 ACRES ) TO CITY COUNCIL FOR PROPOSED OLIASON PARK ) SUBDIVISION, MERIDIAN, IDAHO ) INTRODUCTION 1. The property is approximately 2.84 acres in size. The property is generally located at of 603 Pine Avenue, Meridian, Idaho. 2. The Applicant is acting on behalf of an authorization by the record owner of the property namely the Virginia Jennison Family Trust, and has filed a written request for preliminary plat. 3. The property is presently zoned by Ada County as Rural Estate (R-1), and contains an existing home on Lot 1. 4. The Applicant requests the property be zoned (R-8), Medium Density Residential District. 5. The proposed site of the subject property is east of 5th Street and north of the Union Pacific Railroad. Pine Avenue runs adjacent to the northern border of the property site. 6. The city limits of the City of Meridian are adjacent and abut on the west and north of the subject property. RECOMMENDATON TO CITY COUNCIL - Page 1 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: Construct an eleven (11) lot residential subdivision with a shared drive -way on Pine Avenue for Lots 2 through 4. The Applicant also proposes to extend Idaho Street. 10. The Applicant is proposing to construct a shared driveway on Pine Avenue for Lots 2 - 5 of the proposed subdivision, located 90 -feet west of the east property line. 11. The Applicant's requested zoning of the subject real property as Medium Density Residential (R-8) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 12. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATON TO CITY COUNCIL - Page 2 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows.- 1.1 ollows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. 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. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-6066. 1.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.5 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 1.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.7 Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designerto coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 1.8 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. RECOMMENDATON TO CITY COUNCIL - Page 3 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1.9 The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 1.10 The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Show any existing easements of record. 1.11 Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 1.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 1.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation (sustained), that could be expected on the project site. 1.15 Roadway and roadway approaches to be approved by the ACRD. RECOMMENDATON TO CITY COUNCIL - Page 4 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 1.16 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.17 Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20 -foot -wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 1.18 The minimum residential house size is 1301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 1.19 Application for variance from the minimum frontage requirement of 65 feet must be approved. 1.20 That the Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.21 Obtain written approvals from the appropriate entities, for the central sewage and central water plans. Adopt the Meridian Fire Department's Recommendations as follows: 1.22 The project will require a fire hydrant to be added on Idaho Street; that there be no parking in the area of ingress/egress off of Pine Avenue and no parking in the temporary turnaround. Adopt the ACHD Requirements as follows: 1.23 Dedicate 33 -feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any additional right-of-way from available impact fee revenues in this benefit zone. If the owner RECOMMENDATON TO CITY COUNCIL - Page 5 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) MERIDIAN CITY COUNCIL MEETING: DECEMBER 15. 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 6 REQUEST: PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED P & Z PACKET CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED RECOMMENDATION FROM P&Z All Materials presented at public meetings shall become property of the City of Meridian. I Meridian Planning & Zoning Commission November 10, 1998 Page 14 MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY — EAST OF 603 E. PINE: MacCoy: Staff. Borup: This is just findings. MacCoy: That's right. After I said that I thought that. Commission what's your desire on this? You've all read the material. De Weerd: Mr. Chairman I would like to move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: Okay I am going to have a roll call on this I think. ROLL CALL: Borup, aye. Smith, aye. De Weerd, aye. Nelson, y aye. MOTION CARRIED: All ayes. De Weerd: Mr. Chairman 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 set forth with these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Smith: Second. MacCoy: All right. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: REQUEST FOR PRELIMINARY PLAT PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY — EAST OF 603 E. PINE: Meridian Planning & Zoning Commission November 10, 1998 Page 15 MacCoy: In the first place, does staff have any comments on this one? Freckleton: Chairman, members of the Commission, we received written response to our comments. I believe everything has been addressed and we have nothing further. MacCoy: Is the applicant present at this time? Come forward and be sworn in. Rossman: Mr. Chairman I have a question a point of inquiry. Hasn't there already been a public hearing on this matter and if so has that public hearing been closed? And has this matter just been tabled? The agenda indicates that this is just a matter that was tabled. It doesn't indicate that this is a continued public hearing. MacCoy: Well I don't have any information on it. So I don't know. That's what I've got on mine. Rossman: Just a question for Mr. Berg I guess. If you recall. Nelson: It seems like this was tabled just so that it fell in the right order in today's agenda. MacCoy: I think you're right. Nelson: I think we closed the public hearing last week. Rossman: If the public hearing was closed we can't really reopen the public without proper notice. MacCoy: That's true. Berg: Mr. Chairman, members of the Commission my recollection is that the hearing was never closed but the motion was to table it. I'll look that up in the minutes to double check. De Weerd: It's on page 52. It states our Chairman said I'm going to close the public hearing for now and the commissioners will make their decision. And then Commissioner Nelson moved that we table this item. Rossman: In light of the fact that the public hearing has been closed if you want to reopen it, we're going to have to provide proper notice and continue this to the next meeting. Smith: I don't want to reopen it Meridian Planning & Zoning Commission November 10, 1998 Page 16 Rossman: So I guess there's no need for testimony. MacCoy: All right Commissioners, having had the material returned to us through the staff, you reviewed it. What is your decision? De Weerd: I guess I just have — there were not any changes. Is that correct Shari? So it still stand on what we had at our last meeting. Okay. I have no further questions. Nelson: I have no questions. Smith: Mr. Chairman I would like to make a motion that we recommend approval of this preliminary plat to the City Council. Borup: Second. MacCoy: Okay, all in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 — WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD: MacCoy: Commissioners what is your desire? Smith: Mr. Chairman I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Nelson: Second. MacCoy: Okay roll call coming up here. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, -- De Weerd: Can I wait for a minute? I would like Counsel in our motion to accept this or to approve this with the findings we ask that a site plan review and I just got this right before the meeting so I'm asking Counsel if it's in the Findings. Rossman: Commissioner De Weerd you might take just a couple of minutes and read paragraph 17 on page 17 of the proposed findings. I think that should answer your question. MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: TONY HICKEY AGENDA ITEM NUMBER: 5 REQUEST: PRELIMINARY PLAT FOR PROPOSED OLIASON PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. �A du, , lLL Loa �� MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 48 MacCoy: You want to vote? De Weerd: Yeah, I do. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM #12: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY – EAST OF 603 E. PINE: MacCoy: It's a public hearing for the same product and the staff has already given their statements for the two, #11 and #12. So I open the door to the public and the applicant, is there anything you want to say for Item #12? Maybe you ought to come forward and say what you just said. Your comments for Item #12 remain the same. Parker: My comments remain the same for Item #12 Nelson: I have a question for you while you are here. If you did take for instance on the Idaho Street side, you have six lots at 55.58 feet. If you were to make that five lots, they would be 66.7 feet, I think that is frontage for R-8. But then that's pretty deep 163 feet. It's about almost 11,000 square foot yard. Then would it be safe to say that's—the discussion was the difference between whether it was viable or not to subdivide it in that fashion. Parker: (Inaudible) create 11,000 square foot lots. Nelson: Well, there was concern about the density, did it really need to be ten more, could we get away with eight more lots? That was a question that was brought up (Inaudible) Parker: I would have to refer to my developer basically. I can't speak for his pocket book. Should I allow him to speak, or do I need to speak for him? Smith: He can speak for himself. TONY HICKEY, 2090 S. COLE ROAD, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Hickey: I sent a letter to the staff some time ago in response to an effort initially to meet part of the areas zoning and that there are a lot of apartments so on and so forth in that general area. I wanted to build townhouses for empty nesters, roughly 2.2 million dollars which have been a tax base for the City of Meridian and was told that wasn't an appropriate situation there. We went back and re- MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 49 addressed the issue, reconfigured a street coming through so we would not have to build a street coming through and reduce the lots down to where we had single family dwellings, probably somewhere in the neighborhood of 1 to 1.1 million dollars of tax base for the city and reducing any development value or profits considerably. I've looked at it, studied it, went over the issues time and time again. There isn't any way to make this a business transaction with less than ten new lots there considering the fact that I have to put in nearly 700 feet of sewer that may or may not ever get any money of that back. If it is a ten year process, I can get latecomer fees on it. I'm not satisfied that the rest of the property will develop in the next ten... (END OF TAPE) Hickey: I also have to build a considerable amount of street, 40 foot wide street to service six houses and the expenses are such that it doesn't make any financial practical business sense to go less than 10 new lots. So with all due respect, if I can't do ten lots, I would like to know that tonight and we will continue with—it's in the county, we'll just leave it in the county bit the bullet and walk away from any further discussion, if we can't do ten lots, I don't even want to approach it for less than that. I've already got probably $10,000 dollars spent to this point so far and I'm not satisfied that that's anybody's fault but my own, but that's the way it works. If we can't do ten, lets just pass. Nelson: Well, it's just more in my head. Currently several of this lots are you know, over 9,000 square feet. Hickey: Correct. Nelson: Which exceeds even R-4. Hickey: Correct. Nelson: Reducing that would put them up over ten. I wouldn't want to mow 10,000 square feet myself. Hickey: Neither would I sir. Nelson: Then the issue is—there is still a variance for that frontage which doesn't go through us anyway, you are aware of that? Hickey: Correct. Nelson: Anyway, I just wanted to discuss that. Hickey: The lady that came up earlier said, why can't we just do four. Well, because the cost of the development is more than the cost of the (Inaudible) land MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 50 with all the different fees and costs and things that are incurred. The raw land, if I go down to four lots, if the land was free, I could not afford to develop it. Free ground and be able to build a home that would fit in the neighborhood. No one on this panel or in this room will pay 180-200, 000 for a house on East Pine next to 100,000 dollar homes. So the whole theory of Oliason Park is to try and bring old town out another 300 or 400 feet and do something that is very similar to what is there now. De Weerd: She was referring to I believe to four homes just off of Pine, not for the whole project. Hickey: I'm sorry, yeah, I understand that. Given that we did go down to say four, five, seven, eight lots. The cost of the lots has to go up in order to make a balance so there is any reason for the landowner to develop it and there is any reason for the developer to take the risk in the thing. The total project, the total home, lot and all, the lots should not be more than 20-25% of the project. A $30,000 lot will dictate $120,000 plus or minus, probably plus home. That's not going to handle $120,000 dollar home in that neighborhood. It's just not going to handle, if I loose two more lots, we go up to $140,000 or $150,000 dollars in order to make it come out. Nobody is going to build that house. So like I say, if we can't get at least ten building lots, I'd just as soon pass. It isn't going to look a lot like old town anyway, because now we are going to have berms and we are going to have 1998 straight frontage which isn't going to look like old town, we can live with that, but if we go any larger lots in order to get this 66 or 67 feet, then I would just as soon pass on the whole thing. Any questions? MacCoy: Mr. Smith, or Mr. Nelson? (Inaudible) Smith: When you say it's not going to look like old town, it's going to look like 1998, I'm assuming that we are going to see garages facing the street and that's going to be the most prominent feature of it, all from the street frontage. Hickey: No, in fact, I would hope not, but we will have the berms and we will have like 40 feet of setback where the other houses are 15 or 18 feet off of the street, these will be 40 feet off and so on and so forth. Because of the 20 foot mandatory setback and then you've got the yards and so on and so forth, so it's going to look considerably different and I would hope that I could arrange them so that the garages are not real prominent. Smith: That would be nice. That's about, when you get down to a 60 foot frontage or 55, it's pretty tough to pull that garage back. (Inaudible) able to access and get a buildable, workable plan on your house. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 51 Hickey: At $30,000 dollar building lots, it's real difficult to build a house and not have a lot of garage out front. Thank you. MacCoy: Commissioner De Weerd? Alright, Borup. Borup: I have a question for Hickey. You made a statement in your letter about lot sizes. Did you research that to the extent that you know what the lots sizes were on Pine Street. Hickey: I didn't do... Borup: Or Idaho. Hickey: commissioner Borup, I didn't do a thorough research. I did look at -maps and plats, they all appeared to be in the roughly 50 foot width to me, but I did not actually go out and physically measure any of them and I did not pull a plat to show me what the exact measurements of each of those were. Borup: Okay, that's what I wanted—it appears to me that half of them are probably that size, but 1 can't read any of these dimensions on this, so that's what I was wondering. Thank you. MacCoy: Thank you. Does anybody else here want to make a comment? (Inaudible) do you have anything that you want to add to this? Okay, as far as the commissioners, do you have any questions among yourselves that you want to discuss before we close the public hearing, or table it or what else you want to do. Borup: It appears by looking at the plat that we have that this stretch right here (Inaudible) to the west is the only area right here that doesn't have an alley, is that correct Mr. Hickey, no alley to the west of your property? MacCoy: This one here is an alley, because I've been down there. This isn't one. Borup: But on the other side of 5t' they all seem to. MacCoy: Yeah. It was the old town. Borup: That's the old town look. That would solve garages on the major streets, but. De Weerd: There is no alley to tap into. Borup: Somebody blew it 80 years ago. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 52 De Weerd: They were being progressive. Nelson: To move on, would we have to table this public hearing and go back to the next one to approve first? MacCoy: Yeah, (inaudible). So, is that what you want, does the commission want to do that? Nelson: Do we need to(Inaudible). MacCoy: Okay, do you want me to close it? Borup: I do have one more question that's on exact size, we've got in the documents one says approximately two acres, another says 2.5 and the other says 2. 84, do we know what size this property is? MacCoy: Do you want to come up and make it on the mike here please. Parker: 2.84. Borup: That is the correct size, okay, thank you. MacCoy: Do you want to close the public hearing, I'm prepare to do that. Okay, I'm going to close the public hearing for now and the commissioners will make their decision. Nelson: Commissioners, I would like to—I'd move that we table this item. MacCoy: Item #12. Nelson: Yes. Until November 10tH Smith: Second. MacCoy: All in favor of that? MOTION CARRIED: All ayes. MacCoy: You going back to #11 now? De Weerd: Yeah, I would like to move that we put back on the table Item #11. Smith: Second. MacCoy: All in favor? MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 53 MOTION CARRIED: All ayes. (TABLED BEFORE ITEM #12)ITEM #11: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY — EAST OF 603 PINE: MacCoy: I closed the public hearing. Alright commissioners, what is your decision for Item #11? Borup: Just one comment, 2.84 acres divided by 11 lots is almost 2.6 per acre. I. don't know if that helps, but that gives us a relationship to what the density is. What 1-1 may have said that wrong. The 2.84 acres divided by eleven lots is .258 lots per acre. Smith: .258 De Weerd: 2.58. Borup: Okay, the decimal point is in the wrong place. 2.58, maybe it's not in the wrong place, maybe I can't see it. MacCoy: What do you want to do with Item #11 ? De Weerd: I would move that we ask the city attorney to draw up Findings of Fact and Conclusions of Law to approve the annexation and zoning of 2.84 acres for the proposed Oliason Park Subdivision. Nelson: Second. MacCoy: All in favor? I hear three ayes, but are you going to abstain or are you going to say nay? Smith: Nay. MOTION CARRIED: Three ayes, one nay. MacCoy: It moves on to the attorney for preparing the facts. Item #12 has been tabled to the November 10th, meeting. ITEM NO. 13: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 —WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: MacCoy: Staff do you have any comments before we start this thing? I'm still waiting for staff, found your place yet? HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ' 08) 88-1-4264 Council Mem rc CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 8ED PLANNING AND ZONING KEITH BIRD 1�'i�, LL L� DEPARTMENT (208)881-5533 SEP 111998 CIT OF MERIMN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) / qyy YOUR CONCISE REMARKS: - / / [ 4--)i('L- 'V -0-'V-9 to 2 e.4,afi ft 8 e',) O, -J &-rte r, o'? 3 clu�-vsa— Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT C== M=I2= CITY OF MERMAN(208) 884-4264 CHARLES ROUNTREE 33 EAST IDAHO - PUBLIC WORKS GLENN BENTLEY MERIDIAN, IDAHO 83642 BUILDING DEPARTMENT (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: August 28 1998 HEARING DATE: October 13, 1998 REQUEST: PRFI IMINA0V of AT cnn r.. BY: i LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P2 MARK NELSON, P2 ___,BYRON SMITH, P/Z _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C ____CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT ____SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _,POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REYARKS:410�,- ,� D 0-1 Jv CITY OF 3 ER,IDIAN ME SUPERINTENDENT Christine H. Donnell September 8, 1998 City of Meridian 33 East State Meridian, Idaho 83642 Re: Oliason Park Subdivision Dear Councilmen: FFCErV:E]) SEP It 0 1998 CITY OF .'MERIDIAN We have reviewed the plat for Oliason Park Subdivision and find that it includes approximately 11 homes assuming a median value of $100,000. This development is located in census tract 103.12 and in the attendance zone for Meridian Elementary School, Meridian Middle School and Meridian High School. We can predict that these homes, when completed, will house two elementary aged children, two middle school aged children, and two senior high aged students. As you know, even small developments such as Oliason Park Subdivision will eventually cause overcrowding in all three 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. As a result of continued growth in the Meridian School District we would appreciate any help in locating and purchasing additional school sites within our school boundaries. At this time we will approve this subdivision but once again would appreciate any help with the constant growth in our school district. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houtburg • David wynkoop • Steve Mann SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary JcEI� SEP 3 0 1998 CITYOF NERIDIAN FiX? �& z 0 c September 25, 1998 TO: Tony Hickey 2090 S Cole Rd Boise, ID 83709 FROM: Steve Arnold, Senior Analyst Planning &Development Divisio SUBJECT: Preliminary Plat-Oliason Park Subdivision/MPP11-98, MRZ-02-98, MV -05-98 603 E. Pine On September 23, 1998, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and.approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street 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. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ado.id.us September 25, 1998 Page 2 Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 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 387-6170, should you have any questions. SA cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi JJ Howard Engineers City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Oliason Park 603 Pine Avenue MPP- 11-98/MRZ-02-98/M V-05-98 The applicant is requesting preliminary plat approval to construct a 11 -lot residential subdivision. The applicant is also requesting rezone approval from R-1 to R-8 and a variance from the City of Meridian's minimum required street frontage of 65 -feet to be reduced to 58 -feet. The 2.5 -acre site is located on the south side of Pine Avenue, approximately 450 -feet east of 5th Street. This development is estimated to generate 100 additional (110 -total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On April 8, 1998, the Commission acted on MCU-7-98/MA-1-98 for this site. The previous report was for a conditional use approval to construct a 20 -unit townhouse project. The applicant is resubmitting the same site as 11 single family lots. The following report reflects the changes from townhouses to single family dwellings. Roads impacted by this development: Pine Avenue Idaho Street ACHD Commission Date - September 23, 1998 - 7:00 p.m. us rrcK _ RQAD us rvcK _ iJ� •u �+ hrUnTER •. i(• Cgl"9'AL•u- a) r u 1, �o ut/r sUBLdrERAt_ DOwNE'! SUdLnI'ERAL a x sem E W I :�tUe `N I m u \ CI• 0 IL m \ FIuMe CANAL /� . " - /• II .. — .��� 2607 ` a• 9M 2 C Meridian.;�_z (am 250 1 t .FII -• N4*n e m i l e g❑❑ i 4L ��—� •T --=r, P J� a� BM 2608 LT ON a Cl ' Flume p f—l r I F �i�O 2600 71 =-= _ _- i y A i t I� .1 /.�� �IVtOER�i. -J pp '11 .. o • FRAN7t-',,, •I \ Meridian t'. CemeteryV. ` 74 14 N o 2.000 _- Scale in Feet H-- ` 1EFERENCE: USGS TOPOGRAPHIC MAP, MERIDIAN, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1971), CLOVERDALE. IDAHO QUADRANGLE, 953 (PHOTOREVISED 1971), EAGLE, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1979, AND STAR. IDAHO QUADRANGLE 1953 (PHOTOREMISED 1971). SITE LOCATION MAP OLIASON PARK SUBDIVISION K'4 KL,EINFELDER 603 EAST PINE STREET MERIDIAN, IDAHO COpylk i 1998KIemtek]er.inc.. 5227FI.CDR Project # 30-6186-01 PLATE 1 Facts and Findings: A. General Information Owner - Oliason Doris K. Family Trust Applicant - Tony Hickey R-1 - Existing zoning R-8 - Requested zoning 2.5 - Acres 11 - Proposed building lots 1 - Existing dwelling 10 - Proposed dwelling units 350 - Total lineal feet of proposed private road 269 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Pine Avenue Collector street with bike lane designation Traffic count 2,765 on 11/4/97 222 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 66 -feet required right-of-way (33 -feet from centerline) Pine Avenue is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Idaha3teel Local street with no pathway designation No traffic count available 333 -feet of frontage 0 -existing right-of-way abutting the site 50 -feet required right-of-way (40 -feet of right-of-way required from centerline) Idaho Street is improved with 51 -feet of pavement with curb and gutter, but no sidewalk to the west of the site. B. The site has one existing single family residence. C. The applicant is proposing to construct an 11 -lot residential subdivision. The applicant is proposing to construct a shared driveway on Pine Avenue for Lots 2 thru 5, of the proposed subdivision, located 90 -feet west of the east property line, to access these lots. The location of this driveway is in the approximate alignment with a driveway on the north side of Pine Avenue and meets District policy's required 150 -foot of separation between driveways. OLIASON.COM Page 2 The shared driveway is proposed to be 53 -feet wide with a 5 -foot wide median. Staff recommends that the width of the driveway be decreased to minimize the length of time a pedestrian or bicyclist on Pine Avenue is exposed while crossing the driveway. With a median in the center of the proposed driveway, a minimum of 18 -feet of pavement is needed on each side of the island (the Fire Department may require more). If the median is removed, the width of the driveway can be reduced to 30 -feet. Staff recommends that a cross access easement be required for the shared driveway. D. The City of Meridian staff and District staff are planning to extend Idaho Street from its current terminus at 6th Street further to the east. The site abuts 333 -feet of the proposed extension of Idaho Street. The applicant should be required to construct curb, gutter 5 -foot wide concrete sidewalk and provide one-half of a 37 -foot street section plus 12 -feet of pavement on Idaho Street abutting the parcel (approximately 333 -feet) within 40 -feet of right-of-way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. The applicant should be required to construct a temporary ACHD approved turnaround at the end of Idaho Street with a temporary easement granted to the District and submit a design of the turnaround for review and approval by District staff. E. The applicant may construct 16 to 20 -foot wide curb cut driveways on Idaho Street extended for Lots 6 thru 11 of the proposed subdivision, located a minimum of 5 -feet from any property line. Pave the driveways their full width and at least 20 -feet beyond the edge of pavement of Idaho Street. F. District policy requires sidewalks to be constructed on arterial or collector streets. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Pine Avenue abutting the parcel (approximately 333 -feet) located 2 -feet within the new right-of-way. G. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. H. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 33 -feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any 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 a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. OLIASON.COM Page 3 2. Dedicate 40 -feet of right-of-way from the extended centerline of Idaho Street abutting the par- cel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will = be compensated for this additional right-of-way. Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one-half of a 37 -foot street section plus 12 -feet of additional pavement on Idaho Street extended abutting south property line of the parcel (approximately 333 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 4. Construct a temporary ACHD approved turnaround at the end of Idaho Street with a temporary easement granted to the District. Submit a design of the turnaround for review and approval by District staff. 5. Construct a 5 -foot wide concrete sidewalk located 2 -feet within the new right-of-way on Pine Avenue abutting the parcel (approximately 333 -feet). 6. Construct a shared driveway on Pine Avenue, located as proposed 90 -feet west of the east property line. The shared driveway shall be either 30 -feet wide without a median or 41 -feet wide with a 5 -foot center median. The width of the driveway with the median may be increased to 45 -feet, if a letter is submitted by the appropriate fire district, stating their width requirement. Pave the roadway its full width to at least 30 -feet beyond the edge of pavement on Pine Avenue and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the driveway with District staff. Install a STOP sign at the driveway's intersection with Pine Avenue. 7. Provide a cross access easement for the lots that front on Pine Avenue to use the shared driveway. Note the cross access easement on the final plat. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically id n ify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity, The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. OLIASON.COM Page 4 Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy, Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. OLIASON.COM Page 5 Conclusion of Lav: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. M MRH � OLIASON.COM Page 6 SUBDIVISION EVALUATION SHEET Proposed Development Name OLIASON PARK City Meridian Date Reviewed 09/03/98 Preliminary Stage XXX Final Engineer/Developer J J Howard Engr. / Tony Hickey 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 "E. PINE AVENUE" "E. IDAHO AVENUE" "E. BROADWAY AVENUE" No new street names were proposed 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, AGENP"EPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Ann Hurley City of Meridian Fire District Representative Representative Date 2&10 Date 1A - 3 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 !!!! Sub Index Street Index 3N 1E 7 Section Nl1MRFRINC-, n I nTS ANIS RI nCKS Z,,k( i,,k / ,�- I4T %/`'% TR\SUBS\SM_CITY.FRM CCENTRAL CEN'I RAL DISTRICT HEALTH DEPART HENT 1�• DISTRICT Environmental Health Division R cE�D Return to: �'R'HEAETH ❑Boise DEPARTMENT — 1��8 ❑ Eagle CI'T'Y OF ALERIDUN ❑ Gar ci Rezone # ericli Use # Kuna Preliminary / nal /Short Plat ❑ 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 ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. $. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 0 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 F]community sewage system ❑ community water ❑ sewage dry lines -0 central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store a ❑ 14. J{' / EP2 /t1�¢/t/i9%IE�% Date: I l ! l ��� Reviewed B Review Sheet CDHD 10/91 rcb, rev. 1/91 C CENTRAL DISTRICT HEALTHMAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, C 83704-0825 • (208) 375-5211 • FAX 327.8500 DEPARTMENT 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 RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite office Elmore County Office valley county office 703 N. 1st Street Ada / Boise County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. Mountain Home. ID 83647 P.O. Box 1448 ID. 83638 Boise, ID 83704 Enviro. Health: 327.7499 Boise, ID 83705 Ph. 334-3355 Enviro. Health: 587-9225 Family Health: 587-4407 rvicCatl. Ph. 634-7194 Fcmily P!cnrng: 327-7400 FAX: 334-33552P WIC: 587-4409 FAX: 634-2174 Immun2aticns:327-7450 FAX: 587-3521 Senicr Nutnticn: 327-7460 ® wiC: 327-7428 FAX: 327-85CC ( 4 1 8 September 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 FtFCETV]E]D SEP 1 5 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Preliminary Plat for Oliason Park Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 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 466-7861 for further information. In reference to the annexation and zoning and the variance for the above mentioned project, the District has no comment. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply all with development� within the Nampa & de 31-3805. It is recommended that irrigation water be made available to Meridian Irrigation District. Sincerely, Bill Henson, Asst. late, Supe; intenu.?.r NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 14 September 1998 J J Howard J J Howard Engineers 1675A Hill Road Boise, ID 83702 gEcElvED S E p 1 5 99981 CITY OF NIERIDIAiN cwr 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Land Use Change Application for Oliason Park Subdivision Dear J J Howard: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 14 September 1998 J J Howard Page 2 of 2 If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Tony Hickey Virginia Jennison Family Trust City of Meridian enc. ** TX STATUS REt-.RT ** AS OF OCT 08 '38 14:28 PAGE.01. PUBLIC WORKS 111 J �t DATE TIME TO/FROM MODE MIN/SEC PGS CMD:: STATUS 1710/08 14:26 2083440574 G3 --S 02'41" 004 039 OK ----— ------------------------------------------------------------------ CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL October 8, 1998 To: Julie Parker Via Fax # 344-1293 J.J. Howard Engineers/Surveyors 1675-A Hill Road Boise, Idaho 83702 From Bruce Freckleton Subject: Oliason Park Subdivision Staff Comments Enclosed arP the fn1Ie%-A,,n- COPIES 1 Each DATE 10/08/98 DESCRIPTION Staff Comments These are transmitted: ❑ For your ❑For action ❑For review For our use y ❑ As requested information specified below and comment Remarks; Attached you wiu find our staff comments for the above mentioned project. Please note General Comment no. 7 regarding written response. Copy to: File Signed: 200E Carlton street, suite 100 Meridian, Idaho 83642-2600 (208) 887-2211Fax (208) 887.1297 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDUM: October 8, 1998 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City E inee Shari Stiles, P&Z Administrator Re: OLIASON PARK SUBDIVISION by Tony Hickey Request for Annexation & Zoning to R-8 for 11 Single Family Dwellings Request for Variance on Lot Frontage from Required 65 foot Min. to 58 feet Request for Preliminary Plat Approval We have reviewed this submittal and offer the following comments, as conditions, of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 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. Oliason Park.PP.doc Mayor, Council and P&Z October 8, 1998 Page 2 7. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.M. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 3. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 5. The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Please show any existing easements of record. 6. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 7. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development pian review process. A draft copy of the Olin n Park.PP.doc Mayor, Council and P&Z October 8, 1998 Page 3 Pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. Please indicate the existing land use and zoning of all adjacent properties. 10. Please submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 11. Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20 -foot -wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the fmal plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 12. Add a note that the minimum residential house size is 1,301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 13. Applicant has submitted an application for variance from the minimum frontage requirement of 65 feet. Due to the depth of the lots, this should not be a problem, and minimum lot size of 6,500 is being met. 14. The applicant has submitted a "Water Level Investigation" report dated August 19, 1998 by Kleinfelder, Inc. to try and establish the ground water elevation on the project site. Four test hole trenches were dug utilizing a rubber tire backhoe. Water levels were recorded on that day for each of the four trenches. The trenches were then backfilled with the native materials. Although this is good information to have, we want to determine the highest normal ground water elevation (sustained), that could be expected on the project site. We have placed calls to Kleinfelder to discuss the report, however we have been unable to reach the two individuals that penned the report. Oliason ParkPP.doc !1 � cc: W W Z I Z W (45 Z Lei U) Z O U D O S LL I 2 D ui N m W H 5 O cc J J T ti r �ER October 9, 1998 Meridian P & Z Commission City Hall Meridian, Idaho 83642 RE. OLIASON PARK SUBDIVISION Dear P & Z Commission, PFCTIVED O r T 1 3 19193 MAN CITY ENC,;iES This letter is in response to the letter we received from Bruce Freckleton on October 8, 1998. Responses to General Comments: 1. Any existing irYigation/drainage ditches crossing the property will be tiled per City Ordinance 11-9-605.M. Plans will be submitted to the appropriate agencies for approval. 2. Any existing wells and/or septic systems will be removed from their domestic service. 3. Five-foot sidewalks will be constructed. 4. See attached letter from John Priester. Formal application for street names has been submitted. 5. We will coordinate hydrant placement with the PW Department. 6. FEMA maps have been obtained from the Department of Water Resources and base flood elevations have been determined for this area. A note will be placed on the final plat. Responses to Specific Comments. 1. Great! 2. Engineer will work with Public Works Department to coordinate design. 3. Engineer will work with Public Works Department to coordinate design. 4. Engineer will work with Public Works Department to coordinate design. 5. There are no existing easements of record. 6. Developer will pay assessment fees and the existing home, if not already on sanitary sewer and water, will be connected to City services. 7. Streetlights will be installed at developer's expense. 8. The applicant will construct the pressurized irrigation system to NM1D Standards and will turn the approved system over to NMID for maintenance and ownership. 9. Noted on preliminary plat. 10. See revised preliminary plat. 11. Developer will submit a plan for the planting strip to Public Works for those lots fronting Pine Avenue, and setbacks for Lots 2-5 will be determined from the landscape setback line. C \ward\documents\legals\oli ason. doc OCT 13 lee 11:32 2083440574 PAGE.02 Y f Y M W W Z w N T ZA 000 0 N Z' J 1 01 Z2! Q0 0 0 Wr V) W W 'D °a J ■ _J 1 � 12. Note added to preliminary plat. Developer will amend his covenants to reflect minimum of 1301 square feet for home, exclusive of any porch areas, breezeways, or patios. 13. Comment noted. 14. Since the time these comments were drafted, Public works has had a chance to visit with Kleinfelder's staff and Public Works is comfortable with the findings. Sincerely, -� Z�.' Julie A. Parker C Aword\document s\legal s\ohaso n. doc OCT 13 '98 11:42 2083440574 PAGE.01 ADA COUNTY DEVELOPMENT SERVIC t'S 650 Main, Bolse, Idaho 83702 BUILDING DIVISION — Phone: (208) 364.2277 PLANNING & ZONING — Phone (208) 364-2277 February 6, 1998 Julie Parker J. J. Howard Consulting Engineer 1675 Hill Road, Suite A Boise, Idaho 83702 RE: Subdivision Name Reservation - OLIASON PARK SUBDIVISION Dear Julie: At your request I will reserve the name "OLIASON PARK SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JPf1p OCT 13 '90 11:32 2063440574 PAGE.03 wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.24 Dedicate 40 -feet of right-of-way from the extended centerline of Idaho Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way. 1.25 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one-half of a 37 -foot street section plus 12 - feet of additional pavement on Idaho Street extended abutting south property line of the parcel (approximately 333 -feet) prior to issuance of any required permits or ACHD approval of a final plat, whichever occurs first. 1.26 Construct a temporary ACHD approved turnaround at the end of Idaho Street with a temporary easement granted to the ACRD. Submit a design of the turnaround for review and approval by ACHD staff. 1.27 Construct a 5 -foot wide concrete sidewalk located 2 -feet within the new right-of-way on Pine Avenue abutting the parcel (approximately 333 -feet). 1.28 Construct a shared driveway on Pine Avenue, located as proposed 90 -feet west of the east property line. The shared driveway shall be either 30 -feet wide without a median or 41 -feet wide with a 5 - foot center median. The width of the driveway with the median may be increased to 45 -feet, if a letter is submitted by the appropriate fire district, stating their width requirement. Pave the roadway its full width to at least 30 -feet beyond the edge of pavement on Pine Avenue and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the driveway with District staff. Install a STOP sign at the driveway's intersection with Pine Avenue. 1.29 Provide a cross access easement for the lots that front on Pine Avenue to use the shared driveway. (The cross access easement on the final plat) RECOMMENDATON TO CITY COUNCIL - Page 6 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 1.30 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 1.31 Should provide other than the access point specifically approved direct lot or parcel access to Pine Avenue is prohibited. Adopt the Central District Health Department's Recommendations as follows: 1.32 The Applicant's central sewage and central water plans must be submitted to and approved by the Central District Health Department. 1.33 Run-off is not to create a mosquito breeding problem. 1.34 Stormwater is to be pretreated with a grassy swell prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Adopt the Nampa & Meridian Irrigation District's Recommendations: 1.35 The Nampa & Meridian Irrigation District require that Land Use Change/Site Development application be filed for review prior to final platting. 1.36 All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31- 3805. Irrigation water must be made available. RECOMMENDATON TO CITY COUNCIL - Page 7 PRELIMINARY PLAT - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) MERIDIAN PLANNING AND ZONING MEETING: October 13, 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 12 REQUEST: PRELIMINARY PLAT FOR OLIASON PARK SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT (_08) 887-__11 MERIDIAN, IDAHO 83642 Phone (208) 888-4433 •Fax (208) 88 $jSc", PLANNING AND ZONING lLJ DEPARTMENT (208) 884-5533 SEP 1 1 1998 CI'iY OF NII RIDIA TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT C ITY ATTORN EY _CITY ENGINEER CITY PLANNER CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) y �� YOUR CONCISE REMARKS: 0 pi 0'A'? Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN 884-4 CHARLES ROUNTREE PUBLIC PUBLIC WORRKK S 33 EAST IDAHO ' BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE:_ August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE 111811nrnNILVA , SEP - 4 1998 CI'T'Y OF MERIDIAN SUPERINTENDENT T� J� Christine H. Donnell FECEr ' ED September 8, 1998 City of Meridian 33 East State Meridian, Idaho 83642 Re: Oliason Park Subdivision Dear Councilmen: S E P ' 0 1943 CITY OF MERIDIAN We have reviewed the plat for Oliason Park Subdivision and find that it includes approximately 11 homes assuming a median value of $100,000. This development is located in census tract 103.12 and in the attendance zone for Meridian Elementary School, Meridian Middle School and Meridian High School. We can predict that these homes, when completed, will house two elementary aged children, two middle school aged children, and two senior high aged students. As you know, even small developments such as Oliason Park Subdivision will eventually cause overcrowding in all three 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. As a result of continued growth in the Meridian School District we would appreciate any help in locating and purchasing additional school sites within our school boundaries. At this time we will approve this subdivision but once again would appreciate any help with the constant growth in our school district. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann GGIn-C SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary JcIFI SEP 3 0 1998 C o PLANNNG A WHIN September 25, 1998 TO: Tony Hickey 2090 S Cole Rd Boise, ID 83709 FROM: Steve Arnold, Senior Analyst Planning & Development Divisio SUBJECT: Preliminary Plat-Oliason Park Subdivision/MPP 11-98, MRZ-02-98, MV -05-98 603 E. Pine On September 23, 1998, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and.approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, tog to her 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 constriction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ado.id.us September 25, 1998 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority oQ her with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 387-6170, should you have any questions. SA cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi JJ Howard Engineers City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Oliason Park 603 Pine Avenue MPP- 11-98/MRZ-02-98/MV-05-98 The applicant is requesting preliminary plat approval to construct a 11 -lot residential subdivision. The applicant is also requesting rezone approval from R-1 to R-8 and a variance from the City of Meridian's minimum required street frontage of 65 -feet to be reduced to 58 -feet. The 2.5 -acre site is located on the south side of Pine Avenue, approximately 450 -feet east of 5th Street. This development is estimated to generate 100 additional (110 -total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On April 8, 1998, the Commission acted on MCU-7-98/MA-1-98 for this site. The previous report was for a conditional use approval to construct a 20 -unit townhouse project. The applicant is resubmitting the same site as 11 single family lots. The following report reflects the changes from townhouses to single family dwellings. Roads impacted by this development: Pine Avenue Idaho Street ACHD Commission Date - September 23, 1998 - 7:00 p.m. us "CK ? us r/cx _ ROAD — - 'sd7 � �� m HUNTER •., i ' rERAL S/! u u• , �Q LG i/1 " • • Ey I Y I ' l ' 00WNE '/ SUBLA I'ERAL 7 SU SLA rERAL ft U" 1 k = I SET r u I de N u n J .. ml Flutne CANAL 0 .. �¢_ 1 •• —4• �I 2607 ` a, BM Z 77 C. Me'ridian �:�-�'J L ..ti t.�� -- :r _N_4 n e m i l e' !���U ���/ —en ac PROPERTY o • �\� \ AL r — - • II , 8M 2608 t LOCATION k �� Flume p • 1 � I -' o ?600 11 .. u FRANI<LI f roller \ Meridian n f'" ` \ \ I'• Cemetery Ai 'GU001111S II � ... '•.\ �;7. \ . � ' l ;.tom ��\_ '� � ��, \ o I 1 . I _ _ '\ . � •� dill,/ \' � 1.. \ \ N D 2,000 ,� } Scale in Feet y-- REFERENCE: USGS TOPOGRAPHIC MAP, MERIDIAN, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1971), CLOVERDALE, IDAHO QUADRANGLE, 1953 (PHOTOREVISED 1971)• EAGLE, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1979, AND STAR, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1971). SITE LOCATION MAP OLIASON PARK SUBDIVISION K'q KL.EINFELDER 603 EAST PINE STREET MERIDIAN, IDAHO Copyign11998Kkanrotaer.Inc, 5227FI.CDR Project # 30-6186-01 PLATE 1 Facts and Findings: A. General Information Owner - Oliason Doris K. Family Trust Applicant - Tony Hickey R-1 - Existing zoning R-8 - Requested zoning 2.5 - Acres 11 - Proposed building lots 1 - Existing dwelling 10 - Proposed dwelling units 350 - Total lineal feet of proposed private road 269 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Pine Avenue Collector street with bike lane designation Traffic count 2,765 on 11/4/97 222 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 66 -feet required right-of-way (33 -feet from centerline) Pine Avenue is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Idaho Stree Local street with no pathway designation No traffic count available 333 -feet of frontage 0 -existing right-of-way abutting the site 50 -feet required right-of-way (40 -feet of right-of-way required from centerline) Idaho Street is improved with 51 -feet of pavement with curb and gutter, but no sidewalk to the west of the site. B. The site has one existing single family residence. C. The applicant is proposing to construct an 11 -lot residential subdivision. The applicant is proposing to construct a shared driveway on Pine Avenue for Lots 2 thru 5, of the proposed subdivision, located 90 -feet west of the east property line, to access these lots. The location of this driveway is in the approximate alignment with a driveway on the north side of Pine Avenue and meets District policy's required 150 -foot of separation between driveways. OLIASON.COM Page 2 The shared driveway is proposed to be 53 -feet wide with a 5 -foot wide median. Staff recommends that the width of the driveway be decreased to minimize the length of time a pedestrian or bicyclist on Pine Avenue is exposed while crossing the driveway. With a median in the center of the proposed driveway, a minimum of 18 -feet of pavement is needed on each side of the island (the Fire Department may require more). If the median is removed, the width of the driveway can be reduced to 30 -feet. Staff recommends that a cross access easement be required for the shared driveway. D. The City of Meridian staff and District staff are planning to extend Idaho Street from its current terminus at 6th Street further to the east. The site abuts 333 -feet of the proposed extension of Idaho Street. The applicant should be required to construct curb, gutter 5 -foot wide concrete sidewalk and provide one-half of a 37 -foot street section plus 12 -feet of pavement on Idaho Street abutting the parcel (approximately 333 -feet) within 40 -feet of right-of-way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. The applicant should be required to construct a temporary ACHD approved turnaround at the end of Idaho Street with a temporary easement granted to the District and submit a design of the turnaround for review and approval by District staff. E. The applicant may construct 16 to 20 -foot wide curb cut driveways on Idaho Street extended for Lots 6 thru 11 of the proposed subdivision, located a minimum of 5 -feet from any property line. Pave the driveways their full width and at least 20 -feet beyond the edge of pavement of Idaho Street. F. District policy requires sidewalks to be constructed on arterial or collector streets. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Pine Avenue abutting the parcel (approximately 333 -feet) located 2 -feet within the new right-of-way. G. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. H. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 33 -feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any 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 a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. OLIASON.COM Page 3 2. Dedicate 40 -feet of right-of-way from the extended centerline of Idaho Street abutting the par- cel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will = be compensated for this additional right-of-way. 3. Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one-half of a 37 -foot street section plus 12 -feet of additional pavement on Idaho Street extended abutting south property line of the parcel (approximately 333 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 4. Construct a temporary ACHD approved turnaround at the end of Idaho Street with a temporary easement granted to the District. Submit a design of the turnaround for review and approval by District staff. 5. Construct a 5 -foot wide concrete sidewalk located 2 -feet within the new right-of-way on Pine Avenue abutting the parcel (approximately 333 -feet). 6. Construct a shared driveway on Pine Avenue, located as proposed 90 -feet west of the east property line. The shared driveway shall be either 30 -feet wide without a median or 41 -feet wide with a 5 -foot center median. The width of the driveway with the median may be increased to 45 -feet, if a letter is submitted by the appropriate fire district, stating their width requirement. Pave the roadway its full width to at least 30 -feet beyond the edge of pavement on Pine Avenue and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the driveway with District staff. Install a STOP sign at the driveway's intersection with Pine Avenue. 7. Provide a cross access easement for the lots that front on Pine Avenue to use the shared driveway. Note the cross access easement on the final plat. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineg ii The written r�uest shall be submitted to the District no later than 9.00 a m on the Ly -scheduled for ACRD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. OLIASON.COM Page 4 Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy. Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless'a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. OLIASON.COM Page 5 Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. OLIASON.COM Page 6 SUBDIVISION EVALUATION SHEET Proposed Development Name OLIASON PARK City Meridian Date Reviewed 09/03/98 Preliminary Stage XXX Final Engineer/Developer .J.J. Howard Enqr. / Tony Hickey 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 "E. PINE AVENUE" "E. IDAHO AVENUE" "E. BROADWAY AVENUE" No new street names were proposed. 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, AG DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Fire District John Priester Ann Hurley Representative Representative PRESENTATIVES OR Date Date Date�S/ Date L 1074 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1E 7 Section NUMBERING OF LOTS AND BLOCKSGr! TR\SUBS\SM CITY.FRM IENTRAL *0 DISTRICT HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division REi e'vED Return to: S E F - 4 1998 Rezone # CITY OF NNERIDUN., e# Preliminary / nal / Short Plat L ,.4 Sif&' ,; ❑ Boise ❑ Eagle ❑ Gar Ci eridi p.� Kuna ❑ 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 ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: J9 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage a central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 'central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines -' central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store F-114. S%�'/�l�r%%Z /r2�i+/�4 Gr �IEi✓% %^i� CD�I�%JEND�¢T/onJS Date: / 1191 .�1ZE �TT/�Ciiv� Reviewed B i [DHD 10/91 rd, rev, 1/91 Review Sheet CENTRAL L•O DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 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 RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmoe County Val N. leyCtunty Office 707 N. Armsrcng Pl. 1606 Roberts 520 Ere h Street N. Mountain Home, ID 83647 P.O. Box 1448 Boise, ID 83704 Boise, ID 83705 Enviro. Health: 587-9225 McCall. ID. 83638 Enviro. Health: 327-7499 Ph. 334-3355 Family Health: 587-4407 Ph. 634-7194 Family Planning: 327-7400 FAX. 334-33552P WIC: 587-4409 FAX: 634.2174 Immunizations: 327-7450 FAX 587-3521 Senior Nutrition: 327-7460 `NIC: 327-7488 ® FAX: 327-8SOO 8 September 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RECIEWE'D SEP 1 5 199E CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Preliminary Plat for Oliason Park Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 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 466-7861 for further information. In reference to the annexation and zoning and the variance for the above mentioned project, the District has no comment. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 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, Bill HirwOn, Asst. Ti'i`it?r Sai1,e; tendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MaMy- R� &I 14 September 1998 J J Howard J J Howard Engineers 1675A Hill Road Boise, ID 83702 REcETVED SEP 1 5 1993 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application for Oliason Park Subdivision Dear J J Howard: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 W W Z 0Z W ER OCT 13 '98 11:32 October 9, 199 8 Meridian P & Z Commission City Hall Meridian, Idaho 83642 RE- OLIASON PARK SUBDIVISION Dear P & Z Commission, RIPCTIVED OCT 1 3 1993 AN CITY ENCINEEA This letter is in response to the letter we received from Bruce Freckleton on October 8, 1998. Responses to General Comments: 1. Any existing irrigation/drainage ditches crossing the property will be tiled per City Ordinance 11-9-605.M. Plans will be submitted to the appropriate agencies for approval. 2, Any existing wells and/or septic systems will be removed from their domestic service. 3. Five-foot sidewalks will be constructed. 4. See attached letter from John Priester. Formal application for street names has been submitted. 5. We will coordinate hydrant placement with the PW Department. 6. FEMA maps have been obtained from the Department of Water Resources and base flood elevations have been determined for this area A note will be placed on the final plat. Responses to Specific Comments. 1. Great! 2. Engineer will work with Public Works Department to coordinate design. 3. Engineer will work with Public Works Department to coordinate design. 4. Engineer will work with Public Works Department to coordinate design. 5. There are no existing easements of record. 6. Developer will pay assessment fees and the existing home, if not already on sanitary sewer and water, will be connected to City services. 7. Streetlights will be installed at developer's expense. 8. The applicant will construct the pressurized irrigation system to NN41D Standards and will turn the approved system over to NMID for maintenance and ownership. 9. Noted on preliminary plat. 10. See revised preliminary plat. 11. Developer will submit a plan for the planting strip to Public Works for those lots fronting Pine Avenue, and setbacks for Lots 2-5 will be determined from the landscape setback line. C:\word\documents\legals\oliason.doc 2083440574 PAGE.02 cc W W Z N T Z WOD 0 N Z' J Uv Z o Q 0 oN a� M W W Od =9 J MM3 EE ■ J ■ r 12. Note added to preliminary plat. Developer will amend his covenants to reflect minimum of 1301 square feet for home, exclusive of any porch areas, breezeways, or patios. 13. Comment noted. 14. Since the time these comments were drafted, Public works has had a chance to visit with Kleinfelder's staff and Public Works is comfortable with the findings. Sincerely, v azt�� �� z�' Julie A. Parker C:\word\documents\legals\oliason.doc OCT 13 '98 11:42 2083440574 PAGE.01 *+ ADA COUNTY DEVELOPMENT SERVICES ! 650 Moln, Bolse, Idaho 83702 BUILDING DIVISION — Phone: (208) 364.2277 PLANNING & ZONING — Phone (208) 364-2277 February 6, 1998 Julie Parker J. J. Howard Consulting Engineer 1675 Hill Road, Suite A Boise, Idaho 83702 RE: Subdivision Name Reservation - OLIASON PARK SUBDIVISION Dear Julie: At your request I will reserve the name "OLIASON PARK SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JPCp OCT 13 '98 11:32 2003440574 PAGE.03 It MERIDIAN PLANNING AND ZONING MEETING: October 13 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUB AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE COMMENTS 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. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 D'r,CI f NG AND ZONING VV KEITH BIRD ,rVE-j4PARTMENT SEP 0 1 1998 (208) 881-5533 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTO R N EY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATI N PARTMENT ADA COUNTY (ANN I YOUR CONCISE REMARKS: Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members ouCITY OF MERIDIAN PUBLIC a26� PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (708) 887-2211 RON ANDERSON Phone (208) 888-4433 •Fax (208) 887-67L,, J �E� G 7-��LANNING AND ZONING KEITH BIRD jv v DEPARTMENT (208) 884-5533 SEP 0 4 1998 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28. 1998 HEARING DATE: October 13. 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R EC LAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION() YOUR CONCISE REMARKS: /tit - n . 0- A e13r P ro b l �..� W( k -/-AiS Qum Mayor NUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council M mb= CITY OF MERIDIAN(208) 884-4264 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT RON ANDERSON MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE:_ August 28 1998 HEARING DATE: October 13 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P2 MALCOLM MACCOY, P2 MARK NELSON, P2 _BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C —KEITH BIRD, C/C GLENN BENTLEY, C/C NATER 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.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: W, SEP - 4 1998 CITY OF MERIDIAN Cq CENTRAL DISTRICT 'HLALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Rezone # �ti/if/�"�',r1oe✓ 4, -al REcED Return to: L ❑ Boise SEP - 4 1998 ❑ Eagle ❑ Garden City Conditi. nal Use # U Meridian Prelimina Final / Short Plat c!!2L/I4S4 ❑ Kuna /���/C ..�i��ili_f/vim/ ❑ ACZ ❑ 1. 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 ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and 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 H central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date. / Reviewed By: CDHD 10/91 rb, rev. 7197 Review Sheet Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: PRELIMINARY PLAT FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: . v1 -, i , i -- _-- . -Li" . 1727UU11S4 WARRANTY DED FOR VALUE RECEIVED, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, DORIS KATHLEEN OLIASON DOES HEREBY AND HEREWITH GRANT, BARGAIN. SELL AND CONVEY UNTO DORIS KATHLEEN OLIASON AS TRUSTEE OF THE DORIS KATHLEEN OLIASON FAMILY TRUST, IN TRUST, THE FOLLOWING REAL PROPERTY. TO WIT: THE WEST 333.5 FEET OF LOT 1. OF THE ONWILEY SUBDIVISION. ADA COUNTY IDAHO, TOGETHER WITH ALL APPURTENANCES THERETO. DATED( DORIS KATHLEEN OLIASON STATE OF IDAHO ) COUNTY OF ADA ) ON THIS DAY OF 1991, BEFG..E ME, A NOTARY PUBLIC FOR IDAHO, PERSOYALLY APPEARED DORIS KATHLEEN OLIASON. KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE ABOVE SIGNATURE, AND SHE ACKNOWLEDGED EXECUTING THE SAME. DATED: /0-/� 9 -1 _ r IDAHO NOTARY PUBLIC I < ;• COMMISSION EXPIRES:B-1'4 1p 940'!66-57 ISE REM%;tom l" CF r TOTAL P.02 April 22, 1997 To whom it may concern: This letter is to inform you that Tony Hickey, Broker for Avante' PM, has the authority to act on behalf of the Virginia Jennison Family Trust in regards to the properties placed with Avante' PM for management by the Virginia Jennison Family Trust. Vi inia J nison, Trustee, Date Virginia nnison Family Trust Tally- Hickey ker Date Avante' P State of Idaho County of AdiU S.S. On this day of 4Df-,,' L , in the year of 19_VZ, before me eA 0 personally appeared It �t ;rt;it rGL J t -low it. Euic- , proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument, and acknowledged that she executed the same, i' otary Pub is My Commission Expires on OLIASON PARK SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND NEIGHBORHOOD ASSOCIATION THIS DECLARATION, made on the date hereinafter set forth by F.A. Hickey and M. Jean Hickey, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in Meridian City, County of Ada, State of Idaho, which is more particularly described as: Lots 2 through 10 inclusive of Oliason Park Subdivision, a re -subdivision of a portion of Lot 1 Onwiler Subdivision lying in Section 1, T. 3N.,R 1 E; Boise Meridian, Meridian City, Ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of , and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1 "Association" shall mean and refer to OLIASON PARK NEIGHBORHOOD ASSOCIATIONS, INC., it's successors and assigns. Section 1.1 "Incorporation by Reference". Any and all provisions contained in the Articles of Incorporation and Bylaws of Oliason Park Neighborhood Association, Inc., as amended from time to time are incorporated herein and made a part hereof. To the extent any provision of the Covenants, Conditions and Restrictions for Oliason Park Subdivision conflicts, modifies or amends any provisions of the above referenced Articles of Incorporation or Bylaws incorporated herein, the provision of this instrument shall control. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Page 1 to that certain real rty ein re Section 3. "Properties" shall mean and refer he reafter thin the jurisdi�t on described, and such additions thereto as mayereafter be brought of the association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer da sHskey cM. ean lit successors, and assigns if such successors angnhould aquiremore than one undeveloped lot from the Declarant for their purpose of development. ARTICLE 11 SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS Section 1. "Floor Area" The floor area of a floor toH house in this Wever, where conrinuous roof lines vision shall not be less than 1,300 square feet on the ground cover entrance or porch areas, breezeways, or patios, 25% of the floor area of such covered areas may be included at the discretion of the Architectural Committee in determining the ground floor area of the home. For the purpose of the Covenantshowever, steps and open porches shall not be considered as part of a building, provided, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. All area requirements shall be exclusive of the required 2 -car garage. Two-story and tri -level homes shall have not less than 1,600 square feet, exclusive of covered porches, entrances, or patios. No split entry homes, or moving of pre -built homes into the subdivision, will be allowed. No residence shall be in excess of two stories above ground. Section 2. "Value" The value of any residence shall exceed $100,000. based on August 1998 values. Section 3. "Exterior Appearance" Each house in this subdivision shall include some brick, stucco, or stone on the front exposure and roofs of at least 4 in 12 pitch. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. No gravel roofs will be allowed. All Lots shall be provided minimum of two off-street automobile parking spaces within he boundaries of each Lot. Section 4. "Color" Exterior body colors of earth tones or light blues or grays shall be encouraged. Bright or bold colors, or very dark colors, shall be discouraged. Page 2 Section 5. "Landscaping" Landscaping of front yard must be completed within thirty (30) days of substantial completion of home and is to include sod and sprinkler system in the front yard, one flowering plum tree of at least 1.5" caliper, five (5) five gallon plants and five (5) two gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass shall be planted in the back yard within one year of occupancy. Rock or gravel may not be used as landscaping to provide parking adjacent to driveways. Section 6. "Common Area" The Common Area to be owned by th Association as the time the conveyance of the first Lot is described as follows: Center landscape island between lots 3 and 4. ARTICLE III GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS Section 1. "Approval of Plans" No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said properties. Section 2. "Light Pole" Each home is required to have a photo -sensitive pole light installed in the front yard within ten (10) feet of the property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 40 watts. Completion is the specific responsibility of the Builder. Section 3. "Garages" All houses shall have an enclosed garage which holds no less than two cars and no more than three. Section 4. "Vehicle Storage" Parking of boats, trailers, motorcycles, trucks, truck - campers, motor homes and like equipment, or junk cars or other unsightly vehicles, and like items, shall not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. Page 3 Garage driveways shall not extend on either side for additional parking without first securing Architectural Committee approval. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. Section 5. "Fences" Fences shall not extend closer than twenty (20) feet to any street right-of-way, nor higher than six (6) feet, nor closer than five (5) feet to the nearest front corner of the house without express approval of the Architectural Committee, and shall be of good quality and workmanship and shall be properly finished and maintained The location of fences, hedges, high plantings, obstructions, or barriers, shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets, and shall not be allowed to constitute an undesirable, nuisance, or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance or noxious use exits? Section 6. "Setbacks" No building shall be located on any Lot nearer than twenty (20) feet from the front line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. Section 7. "Additional Easements" In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other Lot lines for installation and maintenance of utilities, irrigation, and drainage. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility is responsible. Section 8. "Construction Time" Construction of any residences in the Subdivision shall be diligently Pursued mer commencement thereof, to be completed within eight (8) months. Section 9. No building shat! be moved onto the premises. Section 10. "Type of Residence" No shack, tent, trailer house, or basement only shall be used within the Subdivision for living quarters, permanent or temporary. Section 11. "Outbuildings" Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of quality building material, completely finished and Painted on the outside and shall be of quality and character that will be in harmony with the other buildings on said properties and must be approved by the Architectural Committee. -Page 4 Section 12. "Antennae and Satellite Dishes" Installation of radio and/or television antennae or satellite dishes is prohibited outside of a building without written consent from the Architectural Committee which would require them to be screened from the street view. Section 13. "Offensive Items" Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on, nor shall anything be done or permitted in said Subdivision which may be or become an annoyance or nuisance to the other property owners in said Subdivision. Weeds shall be cut to less than four (4) inches. Section 14. "Animals" Keeping or raising of farm animals or poultry is prohibited. All dogs and cats or household pets kept on the premises shall be fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Section 15. "Conducting Business on Properties" No business shall be conducted on the above properties that cannot be conducted within the residence of the Owner as permitted by law. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this Subdivision. Section 16. "Irrigation Water" Low pressure water is piped to each lot in the Subdivision and will provide water to each lot as required by the Nampa -Meridian Irrigation Company. Owners may install a pump and use water from this system if they desire. The days and times when water will be available is determined by the Nampa - Meridian Irrigation Company and may be further controlled by the Oliason Park Homeowners Association, to establish irrigation times for each Lot. Owners will be assessed and billed individually for the water furnished by Nampa -Meridian Irrigation Company. The Association will own and operate the system in the Subdivision. Section 17. "Sewer Locations" All bathroom, sink, and toilet facilities shall be located inside the dwelling house or other suitable appurtenant buildings, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. Section 18. "Signs" No sign of any kind shall be displayed to public view on any building or building site on said properties except a professional sign of not more than five (5) square feet advertising the property for sale or rent by an owner to advertise the property during the construction sales period. Page 5 If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant and its agent may post a "Sold" sign for a reasonable period following the sale. Notwithstanding any provision to the contrary, signs of any and all sizes and dimensions may be displayed by the Declarant, without limitation thereto, on Lots owned by said Declarant. The Association may display a sign of any size and dimension, without limitation thereto, for subdivision identification. Section 19. "Waste Disposal" No Lot or building site included within this Subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Section 20. "Construction Equipment" No machinery, building equipment, or material shall be stored upon site until the builder is ready and able to immediately commence construction. Such building materials must be kept within the property line of such building site upon which the structure is to be erected. Section 21. "Damage to Improvements" It shall be the responsibility of the Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. It shall be conclusively presumed that all such improvements are in good sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. Section 22. "The Architectural Committees" decision is final and binding on all issues. ARTICLE IV ARCHITECTURAL CONTROL Section 1. "Architectural Committee" A committee of three persons shall act as an Architectural Committee and shall, prior to any new construction in said Subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said Subdivision and shall be allowed fifteen (15) days to review said plans, drawings, and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the Committee and their approval shall be construed as full compliance with the provisions of these Covenants. Said Committee shall have sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Subdivision without prior consent of said Committee. The initial Committee shall consist of the following: M. Jean Hickey; Reana Gardner; Dave Griffin Page 6 A majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Upon the sale of the last lot in said Subdivision, the work of the initial Committee shall be deemed completed, and said Committee members shall then be automatically released from all responsibilities thereto. If there is a Neighborhood Association, not withstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for this Subdivision, after the Declarant has sold all the lots in the properties, and not before, the then seated Directors of the Neighborhood Association shall automatically become the Architectural Committee. Amending this instrument shall not affect this provision. ARTICLE V GENERAL PROVISIONS Section 1. "Enforcement" Enforcement against any person or persons violating or attempting to violate any covenant herein after the ten (10) days notice thereof in writing served on the offending party shall be had by the Association and/or any property owners either at law or equity. In the event of judgment against any person for such, the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees, and Court costs as may be suffered or incurred, and such other or fiirther relief as may be deemed just and equitable. The Association, or 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 by 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. Section 2. "Severability" Invalidation of any one of these covenants or restrictions by judgement or Court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. "Amendment" This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than sixty-seven percent (67%) of the Lot Owners. Any amendment must be recorded. Section 4. "Time Extension for Covenants" The Covenants set forth in this instrument shall run with the land and shall be binding on all persons owning a lot (s) under them for a period of thirty (30) years from the date of this recording thereof after which time such Covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument an instrument signed by sixty-seven Page 7 percent (67%) of the Lot Owners of this Subdivision has been recorded agreeing to terminate said covenants, in whole or in part. ARTICLE VI PROPERTY RIGHTS Section 1. "Owner's Easement of Enjoyment" Every Owner shall have the right and easement of enjoyment in and to the Common Area and irrigation system which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge assessments for the maintenance of the Common Area and irrigation system; (b) the right of the Association to suspend the voting rights and right to use of the Common Area and irrigation system by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its public rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area or irrigation system to any pubtiicagency,authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by two-thirds (2/3), of members has been recorded. Section 2. "Delegation of Use" Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the properties. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS Section 1. "Membership" Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Every person or entity who is a record Owner ('including contract sellers) of a fee or undivided fee interest in any Lot located within said property shall, by virtue of such ownership, .be a member of the Association. When more than one person holds such interest in any occupied Lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The Page 8 Association shall maintain a member list and may require written proof of any member's lot ownership interest. The financial reports, books and records of the Association may be examined, at a reasonable time, by any member of record. Section 2. "Voting Rights" Each member shall be entitled to cast one vote or fractional vote as set forth herein for each Lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each Lot. The vote applicable to any Lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provided otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. Section 3. " Officers and Directors" At an annual meeting called pursuant to notice as herein provided for the establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. There shall be three Directors elected to serve for a period of one year. Section 4. " Common Area Matters" The association shall have the the right to dedicate or transfer all or any part of the Common Areas or irrigation system to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition or transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding sixty (60) days for each infraction of its published rules and regulations. ARTICLE VIII COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. "Creation of the Lien and Personal Obligation of Assessments" The Declarant for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 1. an initial assessment of One Hundred Twenty Dollars (S 120.00) for each Lot payable at closing, 2. annual assessments or charges, 3. special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. Page 9 The annual and special assessments, together with interest, costs, and reasonable attorney's 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's 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. However, the personal obligation for delinquent assessments shall pass to his successors in title. Section 2. "Purpose assessments" The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, Irrigation System and private sanitary sewer. Section 3. "Maximum Annual Assessment" Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One hundred twenty dollars and no/100 ($120.00) 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 not more than 5% above the maximum assessment for the previous year without a vote of the membership. (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 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. "Special Assessments for Capital Improvements" In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, n whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the common area or irrigation system including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. "Notice and Quorum for Any Action Authored under Sections 3 and 4" Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. Page 10 Section 6. " 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, or annual basis at the discretion of the Board. Section 7. "Date of Commencement of Annual Assessments: Due Dates" The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area and irrigation system. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 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 by an officer of the Association setting forth whether the assessments on the 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. Section 8. "Effect of Nonpayment of Assessments: Remedies of the Association" Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum The Association, or any Owner, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the 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 and irrigation system or abandonment of his Lot. Section 9. "Subordination of the Lien to Mortgages" The lien of the assessments provided for herein shall be subordinate to the Gen of the first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. "Property Exempt from Assessments" The following property subject to this declaration shall be exempt from the assessments created herein: (a) All properties expressly dedicated to and accepted by a local public authority, (b) Any local properties owned by the Association. Section 11. "Association Duties" The Association is authorized, but not limited, to performance of the following: prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of the irrigation system, Common Areas and Page 11 improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty, and public liability insurance, common fighting, landscaping, and care of grounds, repairs, renovations, and paintings to Common Areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the Common Area, irrigation system, and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers Cif airy), payment of bills, and related expenses for any Common Area or the irrigation system Page 12 k4KLEINFELDER An employee owned company August 19, 1998 File: 30-618601 Avante Realty 2090 South Cole Road Boise, Idaho 83709 Attention: Mr. Tony Hickey SUBJECT: Water Level Investigation Proposed Oliason Park Subdivision 603 East Pine Street Meridian, Idaho 83642 Dear Mr. Hickey: AUG 2 1 1998 "DMA IV Crry Kleinfelder is pleased to present this letter report for the Water Level Investigation conducted on your behalf at the proposed Oliason Park Subdivision (the site) in Meridian, Idaho (Plate 1). This project was performed in an attempt to meet City of Meridian Planning and Zoning requirements for an assessment of "highest normal groundwater" to support subdivision permitting. The project was performed in accordance with the agreement between Avante Realty and Kleinfelder dated August 17, 1998. Kleinfelder conducted the water level investigation at the Oliason Park Subdivision pioperty on August 17, 1998. Four trenches were excavated by a rubber -tired backhoe at locations indicated on Plate 2. The four trenches were excavated to a depth of approximately six feet below ground surface (bgs). Groundwater was encountered in the each of the four trenches. Prior to measuring the depth to water, the Kleinfelder geologist waited approximately one hour after excavation to allow groundwater levels to stabilize. Depth to groundwater was measured with a steel tape. Groundwater level varied from 4.75 feet to 5.67 feet bgs. Kleinfelder believes the observed range in depth to groundwater is chiefly due to topographic variation across the site. After the groundwater levels were recorded, the trenches were backfilled with the native material and leveled with the backhoe bucket. L:\1998\Projects\30618601\30681-183.doc Page I of t August 21, 1998 Copyright 1998 Kleinfelder, Inc. K L E I N F E L D E R 554 North Steelhead Way, Suite 184, Boise, ID 83704 (208) 376-9700 (208) 376-9703 fax k`■ KLEINFELDER We appreciate the opportunity to work with you on this project. If you have any questions regarding the work conducted on this please contact us at 376-9700. Respectfully yours, KLEINFELDER, INC. Andrew Provant Staff Geologist Andrew Mork, P.G., C. HG. Environmental Division Manager Attachments: Plate 1 - Site Location Plate 2 - Site Plan I.:\1998\Projects\30618601\30681.183.doc Page 2 of August 21, 1998 Copyright 1998 Kleinfelder, Inc. , I US TICK •I ROAD - Jl_ US TICK 2 •-- 2587 12608 II ' ,II W HUNTER - u• M C( eRAL .. n n• .I u South " 00 1v'E °1'n'E r SUB -LA TERAL I; DOWNE '/ SUEII.A FERAL SETTLER J .. ul,IC coCD! ILL eZjC °c Y < Z`e ... � FIw4,e CANAL N I j • II . _ 2607 o' ° Z Ltr' �/'-•� l Meridian.. c8M 26071)�Hi i �—�- 000C aUaaa — oh = Nanemile' El' \ / AL�'__ —s, rill (❑ a` BM 2508 PROPERTY o` • n �\ LOCATION Flume -- � I 2600 -a -J x. p -jl •• - Trailei - FRANKLI a- Q \ Meridian ` Cemetery d \� I V. t a ti I `1 N 0 2,000 ' I �� �� 7A JJScale in Feet REFERENCE: USGS TOPOGRAPHIC MAP, MERIDIAN, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1971), CLOVERDALE, IDAHO QUADRANGLE, 1953 (PHOTOREVISED 1971), EAGLE, IDAHO QUADRANGLE 1953 (PHOTOREMSED 1979, AND STAR, IDAHO QUADRANGLE 1953 (PHOTOREVISED 1971). SITE LOCATION MAP OLIASON PARK SUBDIVISION k'q KLEINFELDER 603 EAST PINE STREET MERIDIAN, IDAHO Cop#ght1998Klenfelder•Inc 5227FI.CDR Project # 30-6186-01 PLATE 1 AUG 11 '98 16:35 FR PUBLIC WORKS 2088871297 TO 3440574 P.01/12 REQUEST FOR SUBDIVISION APPROVAL LAT AND/OR FINAL PLAT PLANNING. AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation 2. General Location: 3. Owners of Record: Address: :;60WAM 4. • • x .T PRELIMINARY PLAT CHECKLIST: Subdivision Futures L Acres: Z. g — 2. Number of building lots: 3. Number of other lots: 4. Gross density per acre: S. S. Net density per acre:, A J- 6. Zoning Classification($): — jlZan 7. If the proposed subdivision is outside the MewCfty Limits but within the jurisdictional mile, what is the existing zoning classification? 8. Does the plat border a potential green bet'? 9. Have recreational easements been provided for? 10. Are there proposed recreational amenities to the City? 11,0 lain 11. Are there proposed dedications of common areas?–.A&_Explain For future parks? A/O Ex';EE* 12. What school(s) service the area? - Do you propose any agreements for future school sites? 13. Are there any other proposed amenities to the City'? Explain 14. Type of Building (Residential, Commercial, Industrial or combination): 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): 16. Proposed Development features: a. Minimum square footage of lot(s): b. Minimum square footage of s): c. Are garages provided for? <' Square foo e: d. Has ping been p vided for? Describe• la C. Will be provided for? W}il trees be maintained? f Are sprinkler systems provided for? l?,!; g. Are there multiple units? /vee –Type - Remarks:— IL Are there special set back requirements? Explain: i Has off street parking j. Vahfe range of property: A90. U k. Type of financing for development: 1. Were protective covenants submitted? 17. Does the proposal land lock other property? Does it create fz' I. 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. S. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordnance and the criteria and standards contained herein, and to faatiliariu the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, and such other plans and ordinances as deemed 2 no jw mom MAI 11- I= PROPERTY DESCRIPTION FOR OLIASON PARK SUBDIVISION A parcel of land being the west 339.50 feet of Lot 1, Onwiler Subdivision, lying in the NW 1/4 SE 1/a of Section 7, T.3N., R. IE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the'/4 corner common to Sections 7 and 8, T.3N., R. lE., B.M., Ada County, Idaho; thence, S.89°00'00"W. 2647.59 feet along the north line of said SE 1/4 to an iron pin marking the Center 1/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho; thence, S.00100'00"W. 25.00 feet to the south right-of-way of Pine Avenue, said point being the REAL POINT OF BEGINNING; Thence along the following courses and distances to iron pins: along said right-of-way, N.89°00'00"E. 333.50 feet; Thence, 5.00°00'26"E. 373.46 feet to the south line of said Lot 1; Thence, N.90100'00"W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N.00°00'00"E. 367.64 feet to the REAL POINT OF BEGINNING, said parcel containing 2.84 acres. C :\word\documents\legals\oliason. doc 01.1AAPAJ PARK SLIBD. L1 -J ena ao.al � i �aaao nnuaooal nnwo. nauomm . .numa� .na.ama�p o`,s• Jt nn A R -' avi.:s+-+bi�asacr►z9a:rsrria ;sas4L g 1 I A,�}}ononaar{ia - / 1 1 AML'1 LWV �I 1 1 1 ---------- 1 J. J. HOWARD ENGINEER?NGHill &R SURVEYING 165ABOISE, IDAHO 83702 (208) 344-0574 MAP ena ao.al � i �aaao nnuaooal nnwo. nauomm . .numa� .na.ama�p o`,s• Jt nn �ua)In.. MAP ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Oliason Park/MPP-11-98/ MRZ-02-98/MV-05-98 603 Pine Avenue The applicant is requesting preliminary plat approval to construct a 11 -lot residential subdivision. The applicant is also requesting rezone approval from R-1 to R-8 and a variance from the City of Meridians minimum required street frontage of 65 -feet to be reduced to 58 -feet. The 2.5 -acre site is located on the south side of Pine Avenue, approximately 450 -feet east of 5th Street. This development is estimated to generate 100 additional (110 -total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On. April 8, 1998, the Commission acted on MCU-7-98/NIA-1-98 for this site. The previous report was for a conditional use approval to construct a 20 -unit townhouse project. The applicant is resubmitting the same site as 11 single family lots. The following report reflects the changes from townhouses to single family dwellings. Roads impacted by this development: Pine Avenue Idaho Street ACRD Commission Date,- September 23, 1998 - 7:00 p.m. V� W"---S-V« 70 \gngiJill iA a 2 i E u W t' 'nrm I I I Cs3 ¢lu J 1311 I g I W"---S-V« Facts and Findings: A. General Information Owner - Oliason Doris K. Family Trust Applicant - Tony Hickey R-1 - Existing zoning R-8 - Requested zoning 2.5 - Acres 11 - Proposed building lots 1 - Existing dwelling 10 - Proposed dwelling units 350 • - Total lineal feet of proposed private road 269 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Pine Avenue Collector street with bike lane designation Traffic count 2,765 on 11/4/97 222 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 66 -feet required right-of-way (33 -feet from centerline) Pine Avenue is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Tdd h�eet Local street with no pathway designation No traffic count available 333 -feet of frontage 0 -existing right-of-way 50 -feet required right-of-way (40 -feet of right-of-way required from centerline) Idaho Street is improved with 51 -feet of pavement with curb and gutter but no sidewalk to the west of the site. B. The site has one existing single family residence. C. The applicant is proposing to construct an 11 -lot residential subdivision. The applicant is proposing to constrict a 41 -foot wide shared driveway (with a 5 -foot wide median) on Pine Avenue for Lots 2 thru 5, of the proposed subdivision, located 90 -feet west of the east property line, to access these lots. The location of this driveway is in the approximate alignment with a driveway on the north side of Pine Avenue and meets District policy's required 150 -foot of separation between driveways. OLIASON.COM Page 2 4. Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one-half of a 37 -foot street section plus 12 -feet of additional pavement on Idaho Street extended abutting south property line of the parcel (approximately 333 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. Construct a 5 -foot wide concrete sidewalk located 2 -feet within the new right-of-way on Pine Avenue abutting the parcel (approximately 333 -feet). 6. Construct a 41 -foot wide driveway (with a 5 -foot center median) on Pine Avenue, located as proposed 90 -feet west of the east property line. Pave the roadway its full width to at least 30- feet beyond the edge of pavement of Pine Avenue and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the driveway with District staff. Install a STOP sign at the driveway's intersection with Pine Avenue. 7. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall pecifically id n ifv each n-,quirement to be reconsidered and include a written explanation of wh;such a requirement would result in a substantial hardship or inequityThe written Leguest shall be submitted to the District no later than 9.00 a m on the day scheduled for A CHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of S 110.00. The request for reconsideration shall s�pecifically identify P.ach requirement to be reconsidered and include written documentation of Hata that was not available to the Commission at the time of its oriainal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. OLIASON.COM Page 4