CZC_14-112_City_Well_19_Water_Line_ProjectCERTIFICATE OF ZONING COMPLIANCE E IDIAN -I
REPORT
DATE: December 24, 2014
TO: Kyle Radek, City Of Meridian Public Works Dept.
FROM: Sonya Watters, Associate City Planner
SUBJECT: City Well #19 Water Line Project- CZC-14-112; DES -14-099
OWNER: City of Meridian
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Kyle Radek, requests Certificate of Zoning Compliance (CZC) and Design
Review (DES) approval of a new 1,104 square foot building for well #19 that will house the
existing well components as well as the new filter, liquid hypochlorite storage, and other
accessory equipment. Alternative Compliance (ALT) is also requested to UDC 11 -3A -7C.1
which limits the maximum fence height to 6 feet in the R-4 zoning district.
The existing structure will be demolished and replaced with the proposed structure. The subject
property is zoned R-4.
The site is located at 3301 W. Niemann Drive.
ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC
CONDITIONS:
The applicant requests alternative compliance to UDC Table 11 -3A -7C.1 which limits the
maximum fence height to 6 feet in the R-4 zoning district. The applicant proposes an 8 -foot tall
wrought iron security fence around the facility as an alternative based on recent Water Division
Security Assessment of all water facilities.
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Because of the nature of the existing and continued use of the site as a City well house
with accessory equipment, the Director fords strict adherence to UDC 11 -3A -7C.1 will
not provide the security necessary for such a facility and therefore is not feasible. To
ensure the health and safety of the public drinking water supply is not compromised by
someone unauthorized being on the site, a taller fence is necessary.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the applicant's alternative means for meeting the requirements of the
UDC as discussed above provides an equal or superior means of compliance as the
proposed alternative fencing provides security to the facility while not creating a tall
Conditions Document I City of Meridian Well #19 Water Line Project - CZC-14-112 and
DES -14-099
vision -blocking "wall" around the site or within the vision triangle.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the use/character of the surrounding properties since the fencing is
open -vision and will not block the view from neighboring properties and traffic at the
corner of W. Niemann Drive and W. Ustick Road. Further, the Director finds the
alternative means will actually benefit the public by ensuring a secure water supply.
DECISION
The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative
Compliance is approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to
verify if you need a building permit and/or inspection. If you do need a building permit, you
must complete that process before you commence the use or construction. Please contact
Building Services for additional details about building permits and inspections.
Site Conditions of Approval
1. The applicant shall construct all proposed fencing and/or any fencing required by the
UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B, except
as approved through alternative compliance with this application.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property,
the applicant shall submit a sign permit application consistent with the standards in
UDC Chapter 3 Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health
as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other
improvements in accord with UDC 11 -5C -3C.
3. Upon installation of the landscaping and prior to inspection by Planning Division staff,
the applicant shall provide a written certificate of completion as set forth in UDC 11-313-
14A.
4. The site plan prepared by J -U -B Engineers on December 8, 2014, labeled Sheet P-10, is
approved as shown in Exhibit B.
5. The elevations prepared by J -U -B Engineers on December 12, 2014, labeled Sheet A-
300, are approved as shown in Exhibit C.
6. The approved site plan and/or elevations may not be altered without prior written
approval of the City of Meridian Planning Division.
7. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
8. If any changes must be made to the site plan to accommodate ACHD requirements, the
applicant shall submit a new site plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
9. The applicant shall complete all required improvements prior to issuance of a Certificate
of Occupancy. It is unlawful to use or occupy any building or structure until the
Building Official has issued a Certificate of Occupancy.
Conditions Document 2 City Well #19 Water Line Project - CZC-14-112 and DES -14-099
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation
that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all
landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
2. The applicant shall comply with the outdoor storage as an accessory use standards as set
forth in UDC 11-3A-14,
3. The project is subject to all current City of Meridian ordinances and previous conditions
of approval associated with this site.
4. The issuance of this CZC does not release the applicant from any previous requirements
of the other permits issued for the site.
5. The applicant and/or property owner shall have an ongoing obligation to prune all trees
to a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
6. The applicant has a continuing obligation to comply with the outdoor lighting provisions
as set forth in UDC 11-3A-11.
7. The applicant and/or property owner shall have an ongoing obligation to maintain all
landscaping and constructed features within the clear vision triangle consistent with the
standards in UDC 11-3A-3.
IT�'�K11i1►LN 117 D►'1I19
The applicant or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division on or
before January 8, 2015, within fifteen (15) days after the written decision is issued, and contain
the information listed in UDC 11 -5A-613.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
December 24, 2015.
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: December 8, 2014)
C. Elevations (dated: December 12, 2014)
Conditions Document 3 City Well #19 Water Line Project - CZC-14-112 and DES -14-099
A. Vicinity Map
1!]1 V)1
� ]ID
Conditions Document 4 City Well # 19 Water Line Project - CZC-14-112 and DES -14-099
B. Site Plan (dated: December 8, 2014)
fifes - .m
KEY NOTES
ei
Conditions Document 5 City Well#19 Water Line Project - CZC-14-112 and DES -14-099
P-10
CD Ell
be
DEC 16 2014
(�E IDIAN
6�
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name: 1 1
File number(s) 3 DFS -P+ -0T1
Assigned Planner:. l AOA ice_ Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
O Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
El Certificate of Zoning Compliance
❑ Rezone
❑ Comprehensive Plan Map Amendment
❑ Short Plat
❑ Comprehensive Plan Text Amendment
❑ Time Extension:
❑ Conditional Use Permit
Director/ Commission/Council (circle one)
❑ Conditional Use Modification
❑ UDC Text Amendment
Director/Commission (circle one)
❑ Vacation:
❑ Development Agreement Modification
Director/ Council (circle one)
❑ Final Plat
❑ Variance
❑ Final Plat Modification
❑ Other
Applicant Information
Applicant name: City of Meridian Public Works Department Phone: 898-5500
Applicant address: 33 E. Broadway Avenue, Ste. 200 Email: kradek@meridiancity.org
City: Meridian State: ID Zip: 83642
Applicant's interest in property: El Own ❑ Rent ❑ Optioned ❑ Other
Owner name:
Owner address:
City:
Phone:
Email:
State: Zip: _
Agent/Contact name (e.g., architect, engineer, developer, representative): Brad Watson
Finn name: J -U -B ENGINEERS, Inc.
Owner address: 250 S. Beechwood
City: Boise
Primary contact is: D Applicant B Owner I] AgentlContact
Phone: 376-7330
Email: bwatson@jub.com
State: ID Zip: 83709
Subject Property Information
Location/street address: 3301 W. Neimann Dr. Township, range, section: T3N, R1 W, S03
Assessor's parcel number(s): R2391290350, S1203110045 Total acreage: 0.23/.06 Zoning district: R-4
Community Development. Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridien, Idaho 83642
Phone: 208.884-5533 Fax: 208-888-6854 www meridiancitv.ora/olannine
(Rev. 061/212014)
Project/subdivision name: Englewood Creek Estates No. 1
General description of proposed project/request: Demolition and re -build of existing Well 19 facility to house a new
water treatment filtration syslem.
Proposed zoning district(s): R-4
Acres of each zone proposed: 0.29
Type of use proposed (check all that apply):
0 Residential 0 Office 0 Commercial 0 Employment 0 Industrial 171 Other Public facility
Who will own & maintain the pressurized irrigation system in this development? City of Meridian PW Dept.
Which irrigation district does this property lie within? Nampa & Meridian Irrigation District
Primary irrigation source: Englewood PIRR System Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Extg.
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: 2-3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure (excl. garage): Maximum building height: -
Minimum property size (s.f): Average property size (s.f.):
Gross density (Per UDC II- IA - I): Net density (Per UDC 11-1A-1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC I 1 -3G -3B):
Amenities provided with this development (if applicable): -
Type of dwelling(s) proposed: 0 Single-family Detached
0 Duplex 0 Multi -family 0 Vertically Integrated
Non-residential Project Summary (if applicable)
0 Single-family Attached 0 Townhouse
0 Other
Number of building lots: one Common lots: Zero Other lots: Zero
Gross floor area proposed: 1,104 s.f. Existing (if applicable): 448 s.f. (to be demo'ed)
Hours of operation (days and hours): 7 and 24 Building height: 18' - T
Total number of parking spaces provided: Zero Number of compact spaces provided: Zero
Authorization
Print applicant name:Kyles
Applicant signature: .'_e�
Date:
Community Development ■ Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208.884.5533 Pax: 208.888-6854 www.meridiancitv.ora/olannine
-2- (Rev. 064212014)
City of Meridian Certificate of Zoning Compliance — Project Narrative
Project: Well #19 Treatment Facility
Address: 3301 W. Neimann Drive,
Englewood Creek Estates Subdivision, Lot 1, Block 5
The City of Meridian, ID (City) owns and operates Well 19. The lot in which Well 19 is primarily located is
in a residentially zoned (R-4) lot located at 3301 W. Neimann Drive in the Englewood Creek Estates
Subdivision on the southeast corner of the intersection of Ustick Road and W. Niemann Drive. This lot,
Parcel No. R2391290350, measures 0.235 acres and is currently the extent of the existing facility. Earlier
this year, the City also acquired Parcel No. S1203110045, directly east of the original lot, which has an
area of 0.064 acres.
The Meridian Public Works Department is planning to add filtration to the water produced at the well to
reduce or remove the secondary contaminants of iron and manganese. Well 19 was constructed and put
into production in 1998.
The primary well lot was dedicated to the City of Meridian with the Development Agreement for
Englewood Creek Estates plat (Inst. No. 96078095, Exhibit B, Item 12 — copy attached). No other
subsequent land use applications for the two parcels are known to have been submitted since the well's
inception.
Construction of this project should not greatly interrupt the overall water system functionality or ability
to serve the City. The new Well 19 system has been designed to provide the same quantity of water as
the existing well but with the iron and manganese levels greatly reduced.
The existing well building and foundation will be demolished. In its place, a new, larger building will be
constructed that will house the existing well components as well as the new filter, liquid hypochlorite
storage, and other accessory equipment. The new building will measure 36'-0" by 30'-8". The new
building will be constructed of a combination of colored split and smooth CMU with architectural
shingles on a 12:3 pitch. New exterior LED wall -mounted downlights will be provided on west, south,
east sides of the building. These are 20W and rated at 1,430 lumens.
The setbacks will be as follows:
' Measured from original well lot; does not include additional parcel acquired by the City this year.
1 Measured to back of existing sidewalk. Distance from lot line to face of proposed building is 19.46'.
Appears from Note 1 to Table 11-2A-5, Dimensional Standards for the R-4 District, of City Code that
the setback from back of sidewalk governs.
City of Meridian Well 19 Treatment Facility
J -U -B Project#: 10-13-033
Planned Setback From Internal Lot Line'
Front (west)
121.13'
Side (north)
37.43'
Rear (east)
45.56'
Side (south)
30.29' (nearest)
' Measured from original well lot; does not include additional parcel acquired by the City this year.
1 Measured to back of existing sidewalk. Distance from lot line to face of proposed building is 19.46'.
Appears from Note 1 to Table 11-2A-5, Dimensional Standards for the R-4 District, of City Code that
the setback from back of sidewalk governs.
City of Meridian Well 19 Treatment Facility
J -U -B Project#: 10-13-033
Site access and drainage will be updated to provide for the larger building. The existing access driveway
from W. Neimann Drive will be moved slightly to the south. No additional site access will be
constructed. One existing tree will be removed and a new tree planted in the perimeter landscape strip
that exists on the west and north sides of the lot. Very minor turf replacement will be required to the
north of the relocated access driveway. Minor modifications to the existing pressurized irrigation
system will be made during construction to accommodate modified landscaping areas (no significant
change in overall landscaped area).
No specific parking spaces, drive aisles or bicycle parking facilities are provided on the existing site nor
any planned for the proposed reconstructed well site. The on-site pavement will be extended to the
limits of the recently -acquired parcel to the east to provide adequate turn -around area for Water
Division maintenance vehicles and crane trucks in case the well pump must be pulled.
Since this is an unoccupied building, no existing trash enclosures are provided nor any new such
improvements planned for the reconstructed site.
No existing site fencing exists. Based on recent Water Division Security Assessment of all water facilities,
an 8 -foot high wrought iron security fencing is planned around the site with a 3 -foot person gate and an
18 -foot rolling vehicle gate. The applicant is requesting alternative compliance per City Code 11-5B-
5.B.2.d regarding differing design standards or another department.
Attachments:
1. Development Agreement for Englewood Creek Development Corp.
2. Photos of existing site and facility.
City of Meridian Well 19 Treatment Facility
J -U -B Project N: 10-13-033
FOR VALUE RECENED, IKEOLUMM "nor DRVELOPMKr CO]U aMMOR.
a corporatlon duty onvanlsed and edetlo8 under the lave of the Stato of Idaho, grantor, does hereby Grant,
Barvaiq Sell and Convoy unto
THE CM or KIIDIAB
graate9 whose current address Is 33 Z. Idaho Ava.
Noridlan, Idaho 89642
the following described real @at&* to -wit:
Fat 1 of Bloek S. RRSTiMMW CMU RSTA7RS BIIWIIVIDIOn NO. 1, accordlug to the
official plot an recorded In the Book of Plata, records of Ade County, Idaho.
96106320
ADA C4. RECORDER
J. DAVID RAVAP.RO
BOISE
'96 OEC 0 P19 1ZJ8
(�Q
FEE�DEP
RECORDED 1i TIIE RED DEST OF
TO HAVE AND TO HOLD The sold promisee, with their appurtenances onto the said Greaten .
ABB ITS balm and aselgas forever
IN WaTNESS WHEREOF, The Grantor, pursuant to a resolution ofita Board ofDleecaCrshas Caused
Its cotponto name to be hereunto subscribed by Its President and its Corporate reel to be afted by Its
Saftvtwtws
EWER= CBM DHVHLOPHM CORPORATION
By
r'a�mRiT.
ATMTt
f � TA
STATS OF IDAHOIu� STATE OF 1DAH0, ODUM77 OF
OU" -9O'l day a �4l 19 96 I M by *wary U.& tela fuhn want wan sled for eeconl at
flora aab a Notary Mile. fdj feta, "Mo. the request of
ally appured D,T11U and
eavabbaL K. Pa me to at rebores put �Mlott Y„
mann awk afaaothe �gA WY me. taN day of ,
nlad Na Inr4W an, and
10 In my o®ea, and duly recorded In Beek
aebowidaad b'ar ,ent. iha' of D*da at Paye
4gjy i1a / By nly.
,,[,. otaq
llumtaa ar f5g L.I.'G.
3N1W Seca
QUITCLAIM DEED
THIS INDENTURE, made this UL day ofa,07'Z 2014, ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the
"GRANTOR", and CITY OF MERIDIAN, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR does hereby convey, release, and
quitclaim to the GRANTEE all right, title and interest in and to that certain real property
situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on
Exhibit "A" attached hereto and by this reference made a part hereof,
TOGETHER with all and singular the, structures, improvements and fixtures thereto, the
tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining, the reversion and reversions, remainder and remainders, and rents,
issues and profits thereof (collectively the "Premises")
The current address of the GRANTEE is:
33 E. Broadway Avenue
Meridian, Idaho 83464
IN WITNESS WHEREOF, this Deed has been duly executed by and on behalf of
GRANTOR, the day, month and year herein first above written.
ADA COUNTY HIGHWAY DISTRICT
State of Idaho
) as.
County of Ada )
On this qdayy of �ol [, [_ in the year 2014, before me,
C G Q�Cht4h a Notary Public in and for the state of Idaho,
personally -a peared John S. Franden, known or identified to me to be the President of
the Board of Commissioners of the Ada County Highway District, and Bruce S. Wong,
known or identified to me to be the Director of the Ada County Highway District, the
persons who executed this instrument on behalf of said Corporation, and acknowledged
to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto
seal the day and year in this certificate first above y
My
hand and affixed my official
26/9
The Ada County Highway District (ACHD) Is committed to compliance with Title VI of the Civil Rights Act
of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of
race, color, national origin, gender, disability or age, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
Deed, page 2
(5-27-08)
a1auiplus PropertlesU695 W. Ustick%QURCLAIM MEMO=
Ada County Highway District
Project No. 310023
Ustick and Ten Mile Road Intersection
• Parcel 23
Remainder Parcel Description
A parcel located in Government Lot 1 of Section 3, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said
Government Lot I from which a brass cap monument marking the northwesterly comer of
the NE'/, of said Section bears N 89°07'11" W a distance of 2640.71 feet;
Thence N 89°07'11" W along the northerly boundary of said Government Lot I a distance
of 285.88 feet to a point on the extension of the easterly boundary of ENGLEWOOD
CREEK ESTATES SUBDIVISION NO. I as shown in Book 73 of Plats at Page 7488 in the
office of the Recorder, Ada County, Idaho;
Thence leaving said northerly boundary S 0024'02" W along said easterly boundary a
distance of 61.00 feet to the POINT OF BEGINNING;
Thence continuing S 0124'02" W a distance of 92.00 feet to an angle point in said
boundary;
Thence S 89'0711 " E along said boundary a distance of 30.12 feet to a point;
Thence leaving said boundary N 0124'02" E a distance of 92.00 feet to a point;
Thence N 89'07'11 " W a distance of 30.12 feet to the POINT OF BEGINNING;
This parcel contains 2,771 square feet (0.064 acres) and is subject to any easements
existing or in use.
Prepared by: Glenn K, Bennett, PLS
Civil Survey Consultants, Incorporated
February 1, 2011
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA )
►, f & M'� e L W!L¢-f 4 -33 C' . dr o a� Qy
am (address)
r` -C \, , =4t.. (.a
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
U— 13 .ZJQ s. &e.ckaooc Ae 56-7f. ZOi
(name) (address) 6o;5e.I4 837Q7
to submit the accompanying application(s) pertaining to that property.
2. t agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. ► hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
5-1-
Dated this day of D2 C P-A� 2044
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
(Notary Public for Idaho)
Residing at:
My Commission Expires:
Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208.884.5533 Fax: 208-888-6854 www.meridiancitv.oWIplannine
i
96078095
�;ii . C4. RrCGRCEP
j. DAVIDt i„ vAl'RG
DEVELOPMENT AGREEMENT 3015E
�j / UU OVA
THIS AGREEMENT, made and entered into this �9-0 day of lJ b� a P� 1996,
by and between the CITY OF MERIDIAN, a municipal corporation of Rhe StatE.ofldirhb party
of the_ fast part, hereinafter called the "CITY", and Englewoo Creek D�fE "e►14 stir j5 OF
of the second part, hereinafter called the "DEVELOPER", whose address is 8589 Brookview,
Boise,Idaho 83709.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
. WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements with
developers upon rezoning of laud; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, I1-2417
D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of R--4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before the
Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging and
request; and
8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities within or that may affect or be
affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6. That DEVELOPER will, at his or their own expense, construct and install all
improvements including, but not limited to, all sanitary sewers, storm drains,
pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission lines, natural gas lines,
telephone lines, television lines, sidewalks, cross drains, street, street surfacing,
street signs, and barricades as well as any and all other improvements shown on the
Subdivision Improvement Plans.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what poition, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required; and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered Professional
Engineer and will provide the CITY with said Plans or a duplicate mylar copy of
said Plans. The Subdivision Improvement Plans of the proposed improvements
shall he "corrected" to show the actual constructed location (both horizontally and
vertically) of the various water and sewer lines, all utility lines, and pressurized
irrigation lines and their individual .building service lines, the curb and gutter
alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall
include a "Certification" thereon, signed by the Registered Professional Engineer
in charge of the work, that said Plans of the various improvements are true and
8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3
shall then decide whether said Certificate of Occupancy shall be issued or water
service to said property allowed, and its decision shall be final, except that the
rights of the parties are preserved at law and equity:
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and, payable
and may seek to collect such sums in the manner provided by law, or may pursue
any other remedy set forth herein or as may be available in law or equity. In the
event of such declaration, all sums due shall bear interest at the prime interest rate
of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land
which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute and
deliver a partial release of the lien created herein against all or any portion of the
subject land, upon completion of that portion of the total improvements installed
which relates to the percentage of improvements that have been installed as
compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5
18. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer Enelewood Creek Development Corp
City of Meridian 8589 W Brookview
33 East Idaho Boise, ID 83709
Meridian, ID 83642 Ray Patel, President
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
20. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk. .
22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and
the property shall be subject to de -annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7
STATE OF IDAHO )
ss.
County of Ada
On this 6 i ! day of , 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared Rewabhi K. Patel and Karshan Patel, known, or proved
to me, to be the President and Secretary of said corporation that executed this instrument and the.
persons who executed the said instrument on behalf of said corporation, and acknowledged to me
that such corporation executed the same:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
NC)#A
.O %0(SEAL) ps•MtiIr0tF
•••••.�'p1".'DABaa�
STATE OF IDAHO )
ss.
County of Ada
Notary Public for i aho
Residing at:
My Commission Expires: -
On this aLe-day of Agju.s f , 1996, before me, the undersigned, a Notary Public
in and for said State, personally app�ed ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate fast above written.
ugos#,%,
�qs �,,I
o'
gyp1ARy
LAG >t
(SEAL) O ;'
8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 9
S
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO .
AND
Englewood Creek Development Comnration
This subdivision is for 40 single-family dwelling units with an overall density of 3.05 dwelling
units per acre. The DEVELOPER shall:
Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property; Nine Mile Creek is specifically excluded from the tiling
requirement.
1 Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines.
3. Construct streets to and within the property.
4. Dedicate the necessary land from the centerlines of Ustick Road and Ten Mile Road (45')
for public right-of-way.
5.. Pay any development fee or transfer fee adopted by the CITY.
6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
7. Provide twenty -foot (20') wide, mounded landscaping strips along Ustick Road; provide
for maintenance of said berms and landscaping by the Homeowners Association.
8. Provide pressurized irrigation to all lots within this subdivision along with evidence to the
City of approvals from appropriate irrigation district/canal company and/or Bureau of
Reclamation.
9. Provide permanent non-combustible fencing outside of the existing easements along the
Nine Mile Drain prior to applying for building permits; permit no encroachment in this
area.
EXHIBIT "B" 8/20/96
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2
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Reguestor
Name Brad Watson, J -U -B Engineers, Inc.
Address 250 S. Beechwood, Ste. 201, Boise, ID 83709
Email bwatson@jub.com
Meridian Building Services
Address Verification Request
Phone 208-376-7330
Fax 208 -323 -93W --
Please check the appropriate box below and submit the required information to
eommunitvdevelonmen&,meridiancitv.orp Please allow 24 hours far reply.
■ Commercial Project
Required Information:
Project Name Well #19 Treatment Facilities
Address (if knoWn) 3301 W. Nlemann Drive
Lot 1 Block 5 subdivision Englewood Creek Estates No. 1
Site Plan - Include adjacent street name(s)
Detailed Floor Plan to include:
• Entrances —Designate "main entrance" if occupying more than one space
• Proposed number of tenants and spaces — Define clearly on plan
❑ Tenant Improvements and CO Fast Track Proiects
Required Information:
Project Name
Address (including st
Lot Block
Detailed Floor Plan to include:
• Entrances — Designate "main entrance" if occupying more than one space
• Proposed number of tenants and spaces — Define clearly on plan
❑ Sign Permit Application
Required Information:
Project Name
Address (including suite number)
Lot Block S
Permit #
33 E. Broadway Avenue, Suite 102 . Meridian, Idaho 83642
Phone: (208)887-2211* Facsimile: (208) 887-1297 • Website: www.meridiancity.org
(Rev. 9/2013 -es)
Brad Watson
From: Terri Ricks <tricks@meridiancity.org>
Sent: Wednesday, December 03, 2014 4:16 PM
To: Brad Watson
Subject: AV: 3301 W. Niemann Dr.
12/3/14 Address Verification: City of Meridian Well#19—Treatment Facility
Address: 3301 W NIEIJANN DR, IVIERIDIAN, ID 83646
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Parcel Detail District
Parcel #, Parcel Status Primary
R2391290350 Enabled Yes
Lot Block Subdivision _
1 5 ENGLEINOOD CREEK ESTATES SUB NO 01
Terri Ricks
Addressing Specialist
City of Meridian Land Development
208-887-2211
tricksna,meridiancitv.ora
1
NVId 3118
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City of Meridian — Existing Well 19 Facility
Well 19 building from west (front) side.
West portion of lot showing sole access driveway.
City of Meridian Well 19 Treatment Facility
J -U -B Project #: 10-13-033
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Well #10. Pavers similar to those shown in this photo to be used for Well #19 site.
City of Meridian Well 19 Treatment Facility
1-U-8 Project #: 10-13-033
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