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Raven Hill PP AZ14 DEVELOPMENT AGREEMENT C ID C.A— �-k '9sAkyTHIS AGREEMENT, made and entered into this � day u S PIR `1 4 i ' I l i 1995, by and between the CITY OF MERIDIAN, a municipal corporation of §t -ate of Idaho, perky of the first part, hereinafter called the "CITY", and PA, HIP, party of the second part, hereinafter called the "DEVELOPER"; Vhdk addrks is 2604 N Cole Road,, Idaho 8320-4 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, Stake 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 , 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two developmWA agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of &4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approver! Findings of Fact and Conclusions of Law; and, 3/20/95 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least one thousand fiveh LLM square feet of floor space, exclusive of garages. 3 That the property zoned R4, described in "Exhibit A", shall have lot sizes of at least eigbt thousand (JM square feet, which is the size represented at the City hearings, and shall meet all of . the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized inigafm 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 sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical 3120195 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 2 i transmission litres, natural gas lines, WkPhone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the� improvements is accomplished, or as otherwisea greed 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. g, That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement pians of � 1 �rovide�the CTeI'Y�with�s�d laps or a duplicate Professional Engineer and will p mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to showetheractual and sewerl ines,all utility lines,d location horizontally and vertically) of the various and pressurized irrigation lira=s and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, , gas lines, electricity lines, storm drain lines, curb and pressurized irrigation lines gum, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 3/20195 RAVEN HILI, SUBDIVISION DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees that, upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements,such manner DEVELOPER will pay to the CITY the cost of such construction, m and under such terms as the CITY shall order after conference with the DEVELOPER or attempted conference, after notice to DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting be at least three (3) days prior thereto and has been ' given an opportunity present in person or by counsel, and, to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any C9d1fi=s of Occup[ within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether mid. 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 soleoption, install the improvements and declare the entire cost of aid 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 3/20/95 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 4 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 shall 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 insurc the installation of the improvements, and the DEVELOPER agrees to provide such. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructmg such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to anter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent boha fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree 3120195 RAVEN HELL SUBDIVISION DEVELOPMENT AGREEMENT Page 5 to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Cgr ificates of OcclWgua will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof, and agrees to construct a perimeter fence around the moire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Raven Hall Partners p City of Meridian Robert Hero/ 33 East Idaho 2fiK N. Coe Road, Meridian, ID 83642 Rgirl . iD 83705 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 properly shall be subject to do: annexa ion 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. 3/20/95 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 6 0 DATED the date, month and year first appearing. rtir+rmr Aftiaan. CITY OF MERIDIAN .t«ww�/� Grant P. Kingsford, r i 3/20/95 RAVEN HILI. SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) SS. County of Ada On this J�& day of -11995, before me, the undersigned, a Notary Public in and for said State, personally appeared Rd= Glenn, known, or proved to me, to be the Managing Partner of said partnership that executed this instrument and the person who executed the said instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO } ss. County of Ada ) M—A-k ;AINUM t i M 7-7—iTiTiv11 .� On this Bio � day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally 86mred GRANT P. IUNGSFORD 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 Wd the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. r- , 4 Mc for Idaho at: P +— mission Expires: e RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT 3120195 Page 8 4 . `a,� ENGI1yF�9 • HUBBL ENGINEERING, INC. z_r\ )y/ M Bethel Court ■ Boise, Idaho 83709 2091322 M ■ Fax 20813784Y Project No. 94125 DESCRIPTION OF RAVEN HILL SUBDIVISION FOR RAVEN HILL PARTNERSHIP A PORTION OF THE NW114, SECTION 20, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO March 7, 1995 A parcel of land being a portion of the NW1/4 of Section 20, T. 3N., R.1E., B. M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 17, 18, and 19 and the said Section 20; thence South 0°34'33" West 2654.56 feet along the Westerly boundary of the said NW1/4 of Section 20, which is also the centerline of South Locust Grove Road, to a bolt marking the one-quarter corner common to the said Sections 19 and 20; thence North 89055'58" East 45.00 feet along the Southerly boundary of the said NW1/4 of Section 20 to a 2 -inch galvanized pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: South 89055'58" West 20.00 feet along the said Southerly boundary of the NW1/4 of Section 20 to a point on the Easterly right-of-way line of South Locust Grove Road; thence North 0034'33" East 60.00 feet along the said Easterly right-of-way line of South Locust Grove Road; thence North 891,55'58" East 302.98 feet along a line 60.00 feet Northerly of and parallel with the said Southerly boundary of the NW1/4 of Section 20; Raven Hill Subd. Page 1 of 3 EXHIBIT "A" 0 0 Project No. 94125 March 7, 1995 thence North 0°34'33" East 131.43 feet along a line Easterly of and parallel with the said Westerly boundary of the NW1/4 of Section 20; thence North 89°59'33" East 240.01 feet; thence North 0034'33" East 311.69 feet along a line Easterly of and parallel with the said Westerly boundary of -the NW1/4 of Section 20; thence South 89059'33" West 21.44 feet; thence North 26°05'27" West 277.95 feet; thence South 89059'33" West 421.80 feet to a point on the said Westerly boundary of the NW1/4 of Section 20; thence North 0034'33" East 23.35 feet along the said Westerly boundary of the NW1/4 of Section 20 to an aluminum cap; thence continuing along the following courses and distances to iron pins: North 89059'22" East 1443.60 feet along the extended .Southerly boundary and the Southerly boundary of Rim View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 43 of Plats at pages 3477 and 3478 to a point marking the Southeast comer of Lot 1 of Block 1 of the said Rim View Subdivision on the centerline of Hunter's Lateral; thence along the said centerline of Hunter's Lateral the following courses and distances: South 11 °33'07" East 554.27 feet; thence South 6°06'40" East 42.59 feet; Raven Hill Sub&. Page 2 of 3. EXHIBIT "A" 9 Project No. 94125 March 7, 1995 thence South 38029'36" East 241.86 feet to a point on the said Southerly boundary of the NW1/4 of Section 20; thence leaving the said centerline of Hunter's Lateral along the said Southerly boundary of the NW1/4 of Section 20 South 89°55'58" West 1672.47 feet to the point of beginning, comprising 19.55 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. Gregory G. Carter, P.L.S. JCWGGC/GLR/bh/1021.des Raven Hill SO& Page 3 of 3 EXHIBIT "A" EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND RAUN HILL. EARIMSHIP This subdivision is for 0 single-family dwelling units with an overall density of 12 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, specifically including the Hunter Lateral along the easterly boundary, and submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2, Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 3. Construct streets, curbs, gutters and sidewalks to and within the property in accordance with Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Locust Grove Road for public right -of-' way, including any necessary bike lanes. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space Corridors), and L. (Pedestrian Bane Pathways). 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct berms and landscape Lot 1, Block 1, and Lot 1, Block 5, along the entrance street to be provided and mainudned by the Homeowncxs Association. 9. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. EXHIBIT "B" 3/20195 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 • 0 0 10. Construct perimeter fencing along the northerly, southerly and easterly boundaries, and construct non-combustible fencing along the Nine Mile Drain within the boundaries of the subdivision prior to obtaining building permits. 11. Preserve existing natural features along the northerly property boundary during construction of utilities. EXHIBIT "B" 3120195 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 -4 RECEIVED DEVELOPMENT AGREEMENT D E C - 2 1994 CITY OF MERIDIAN THIS AGREEMENT, made and entered into ties day of 11994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Raven Hill Partnersh.2, party of the second part, hereinafter called the "DEVELOPER", whose address is 2604 N. Cole Road Boise Idaho 83704. 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 land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2417 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 WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted. and approved Findings of Fact and Conclusions of Law; and, RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • 0 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in annexed or rezoned the property subject tc enter into a Development Agreement. the Findings of Fact and Conclusions of Law de -annexation if the DEVELOPER did not NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1400 square feet of floor space, exclusive of garages. 3. That the property zoned R-4, described in "Exhibit A", shall have lot sizes of at least Eight Thousand (8000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be filed with the City Engineer, a complete set of Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the 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 sanitary sewers, storm drains, pumping stations, water mains and RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 2 appurtenances, fire .hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor, and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 3 11. • 0 That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in sum manner` under such terms as the CITY sTiall order atter conrerence i v�ntn the Lr, EL^vPERs Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the 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 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 4 0 • drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely. for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • 0 deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: 19. go CITY of Meridian: DEVELOPER: City Engineer Raven Hill Partnership City of Meridian Robert Glenn 33 East Idaho 2604 N. Cole Road Meridian, ID 83642 Boise Idaho 83705 That DEVELOPER agrees to pay all recording fees necessary to record this . _ _ — . e _ _ rC _ _ _ I— , All covenants and conditions set forth herein shall be appurtenant to ana 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 RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 6 0 • Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 7 DATED the date, month and year first appearing. zl�� �e ro�� rof DEVELOPER: Raven Hill Partnership By Robert Glenn, Managing Partner CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) :ss. County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT GLENN , known, or proved to me, to be the Managing Partner of said partnership and that executed this instrument and the person who executed the said instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) :ss. County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate. first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 9 • 0 EXHIBIT "A" LEGAL DESCRIPTION RAVEN HILL SUBDIVISION A parcel of land located in the S1/2 of the NW1/4 of Section 20, T.3N., R.1 E., B. M., Ada County, Idaho more particularly described as follows: Commencing at the W1/4 of Section 20, T.3N., R.1 E., B. M., Ada County, Idaho from which a brass cap marking the NW corner of said Section 20 bears North 0034'33" East, 2654.56 feet; thence along the East-West centerline of said Section 20 North 89°55'58" East, 25.00 feet to the East right-of-way line of Locust Grove Road said point being the REAL POINT OF BEGINNING; thence leaving said East-West centerline North 0°34'33" East 60.00 feet along said right-of-way line and parallel with the West boundary line of said Section 20; thence leaving said right-of-way line North 89055'58" East, 302.98 feet parallel with the East-West centerline of said Section 20; thence parallel with the West boundary of said Section 20 North 0034'33" East, 131.43 feet; thence North 89°59'33" East, 240.01 feet; thence parallel with the West boundary of said Section 20 North 003433" East, 311.69 feet; thence South 89059'33" West, 21.44 feet; thence North 26°05'27' West, 277.95 feet; thence South 89°59'33" West, 421.80 feet to a point on the West boundary line of said Section 20; thence along said West boundary line North 0033'34" East, 23.35 feet; thence leaving said West boundary line North 89°59'22" East, 1443.60 feet to a point on the centerline of the Hunter Lateral; thence along the centerline of said Hunter Lateral the following three calls:. South 11 033'07' East, 554.27 feet; South 06006'40" East, 42.59 feet; 0 South 38029'36" East, 241.86 feet to a point on the East-West centerline of said Section 20; thence along said East-West centerline South 89055'58" West, 1692.47 feet to the Point Of Beginning, containing 19.54 acres, more or less. SUBJECTTO: Rights-of-way for Locust Grove Road and easements for the Hunter Lateral and Nine Mile Creek. -EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND RAVEN HILL PARTNERSHIP This subdivision is for 63 single-family dwelling units with an overall density of 3.2 dwelling units per acre. The DEVELOPER shall: 1. Tile the Hunter Lateral along the easterly boundary. anj 4"a r -),v ri.e 2. Extend an construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines (resolve how and where water and sewer will be extended). Gc+.� 3. Construct streets' to and Zgthe property. 4. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of-way. 5. Pay any development fee or ansfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct berms and landscape Lot 1, Block 1, and Lot 1, Block 5 along the entrance street. This shall be provided and maintained by the Homeowners Association. 9. Pressurized irrigation is to be provided to all lots within this subdivision. 10. Construct perimeter fencing along the north, south and easterly boundaries, and construct non-combustible fencing along the Nine Mile Drain within the boundaries of the subdivision. it. Presery-of existing natural features along the northerly property boundary if possible during construction of utilities and perimeter fencing. C7 �. EXHIBIT 'B" RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 M, HUB OF TREASURE VALLEY 10 OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. City Treasurneer CITY OF MERIDIAN ROBERT D. E GARY D. SM THS P.E. City Eng MORRR WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief Planner MERIDIAN, IDAHO 83642 & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone 208 888433 FAX 208 887813 a.e ( ) () RECEIVED Chairman -Planning &Zoning Public Works/Building Department (208) 887-2211 AUGGRANT P. KINGSFORD G 2 3 1994 Mayor 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 & Zoning Commission,$)lease submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: _Annexation/ _zoninn ac w'itth_a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, South of Overland Road JIM JOHNSON, p2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i HUBBLE ENGINEERING, INC. 2s 9550 Bethel Court ■ Boise, Idaho 83709 August 12, 1994 Project No.: 94125 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Annexation and Zoning of 19.57 Acres Dear Ms. Stiles: 208/322-8992 ■ Fax 2081378-03 RECEIVED AUG 12 1994 F C iii CIT ii i�►�:�yi:�,t>, On behalf of Raven Hill Partnership, we hereby request that the property described in the attached application and legal description be annexed into the City of Meridian. The present land use is agricultural with a home and outbuildings. The proposed land use for the entire property will be single family residential with an R-4 zoning. The present zoning is R -T (Rural Transitional) and R-1 in Ada County. The property adjacent to the East is the proposed Sun Dance Subdivision with R-4 zoning in Meridian City. The property adjacent to the west is single family subdivision with R-4 zoning and agricultural land with R -T zoning in Ada County. The properties adjacent on the North and South are also single family residential subdivisions. This proposal conforms to the new Meridian Comprehensive Plan which designated this property as single family residential. No variances are begin requested at his time. Thank you for your time and consideration. Please call if you have any questions. Sincerely, (�� Vyk��& James C. Merkle, P.E. / Attachments cc: Raven Hill Mr. Allan Chandler 2604 N. Cole Road Boise, Idaho 83704 mm\0011tr HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709208/322-8992 ■ Fax 208/378-0329 rEIl ED Project No. 94125 -'� 12 W4 Ci $ 4 : MA.1Li 'rsfd August 11, 19 LEGAL DESCRIPTION RAVEN HILL ANNEX. A parcel of land located in the S1/2 of the NW1/4 of Section 20, T.3N., R.1 E., B. M., Ada County Idaho, more particularly described as follows: Beginning at the W1/4 of Section 20, T.3N., R.1 E., B. M., Ada County, Idaho from which a brass cap marking the NW corner of said Section 20 bears North 0034'33" East, 2654.56 feet; thence along the West boundary line of said Section 20 North 0°34'33" East, 60.00 feet; thence leaving said West boundary line North 8905558" East, 327.98, parallel with the East-West centerline of said Section 20; thence parallel with the West boundary of said Section 20 North 0034'33" East, 131.43 feet; thence North 89059'33" East, 240.01 feet; thence parallel with the West boundary of said Section 20 North 0034'33" East, 311.69 feet; thence South 89059'33" West, 21.44 feet; thence North 26005'27' West, 277.95 feet; thence South 89059'33" West, 421.80 feet to a point on the West boundary line of said Section 20; thence along said West boundary line North 0033'34" East, 23.35 feet; thence leaving said West boundary line North 89059'22" East, 1443.60 feet to a point on the centerline of the Hunter Lateral; thence along the centerline of said Hunter Lateral the following three calls: South 11 033'07' East, 554.27 feet; 2' AUG 12 South 06006'40" East, 42.59 feet; CITY V i South 38°29'36" East, 241.86 feet to a point on the East-West centerline of said Section 20; thence along said East-West centerline South 89°55'58" West, 1717.47 feet to the point of beginning, containing 19.57 acres, more or less. SUBJECT TO: Rights-of-way for Locust Grove Road and easements for the Hunter Lateral and Nine Mile Creek. TRW/mf/624.des Todd R. Waite, L.S. HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 August 11, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian, ID 83642 RE: Raven Hill (East side of Locust Grove Road, South of Overland Road) Dear Ms. Stiles: 208/322-8992 ■ Fax 2081378-0329 I hereby state that I am the record owner of the property as described in the attached legal description and grant my permission to the City of Meridian to annex my property into the Meridian City luis-� Raven HiVan Glenn, Mafiagmmg Partner STATE OF IDAHO ) ss. County of Ada ) ON THIS day of , 19_, before me, a notary public in and for said State, personally appeared Robert Glenn known to me to be the managing partner in the partnership of Raven Hill, an Idaho General Partnership who subscribed said partnership name to the within instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires 19_ Notary Public for Idaho Residing at , Idaho 0 0 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 August 12, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Raven Hill Subdivision Annexation Application Dear Ms. Stiles: 208/322-8992 ■ Fax 208/378-0329 AUG 1 W4 CITY iii"' ie:" iiriIN I. Tracey Persons, hereby promise to post a legal notice of public hearing for the proposed Raven Hill Subdivision annexation hearing (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 23 of the application and standards for variances. Tracey Persons ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this tk day of 1994 personally appeared Tracey Persons, whose name is subscribed to the within instrument and who acknowledged to that she executed the same. My bond expires - 4 U r H d V'CC +JPLy v ©® V O m�e *' ,Ds0090® -.0, WARRANTY Dssa ea''�,•"''FZ� !'1 7aho acquired title as Grads &.Christ enISS YOU VALda RECEI'V1ED Oreda Ci,risteneen, an unmarried person, and Alan J. tIass, en unmarried person '94/JUL y�7 h':`! 3-P) RECOfiC� :.. ii: i.EGJESi OF T$E OEAITOE e, do hereby grant, bargain, sail and convoy unto Raven Hill, an Idaho General Partnership THE GRANTEE , whose current address is 2604 N. Cola Road, Boise, Idaho 83704 a J� hG 1 19 4 the following described premixes, in Ada County, Idaho, 1_ 4"T t' Or f�ii.nujinl to wit: Parcel A An irregular tract in the Northwest quarter of Section 20, Township 3 North, Range I East, Boise -Meridian, described by metes and bounds, as follows: Beginning at the quarter section corner between Sections 19 and 20, Township 3 North, Range 1 East, Boise -Meridian; thence North along the section line, a distance of 503.53 feet to the POINT OF BEGINNING r thence continuing North along the section line a distance of 274.58 feeti thence North 89025' East 1440.4 feet to the center of a lateral, thence South 12044' East along the center of a lateral 281.5 feet to a point; thence South 89025' west of 1502.44 feet to the POINT OF BEGINNING. MWOW (r_ontinued) INITIAL TO RAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever; and the said Grantors do hereby covenant to and with the said Grantee , that they are the owners in fee simple of said premises; are free from all encumbrances EXCEPT: current year taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record and that t he y will warrant and defend the sated from all lawful claims whatsoever. Dt,om� June 26, 1994 Grads. Christensen STATE OF IDAHO, COMITY OF On this A day of /fLU 19 94 , before me. a said State. Personally appsd Grade Christensen Alan J. Hess the known or identified to as to be the potso:0 whose name$ a YQ, subs-&M64d'1W the within instrument, and aakaowledged to me that ted the same. o ary Public Residing at &)A Cw , IUj daho commission Expires:IpZl74� Pott -ft" brand fax transmittal memo m Mop 70 •- aK JUL 22 '94 15:55 208 345 3452 PRGE.001 FAnRA1P1'i D=. M=BI2 "q AT ACHE r EXCEPT THEREFROM the following: AjU 4�Ww Beginning at the Southwest corner of the Northwest quarter of Section 2o, , Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho; C 1 T Y G F:reLio1a��1i19 thence North 890201 East 25.00 feet to an iron pin on the Raarerly boundary of a County Roadj thence North 0000' East 503.50 feet along the Easterly boundary of said County Road to an iron pin marking the REAL poem os zxaT avrNo, thence continuing North 0000, East 249.60 feet along the Easterly boundary of said County Road to an iron pin; thence North 890250 East 396.80 feeft to an iron pin on the westerly bank of a drain ditch; thence South 26040? East 277.95 fast along the Westerly side of a drain ditch to an iron pin; thence South 89025' West 521.56 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT rights of way for Locust Grove Road, Hunter Lateral and Nine Mile Drain, Parcel a Commencing at the Southwest corner of the Northwest quarter of Section 20, Township 3 North, Range I Raet, Roise-Meridian; thence East along the South line of said quarter section a distance of $68 feet to the TRUE POINT OF BEGINNING; thence North a dletance of 503.5 feet; - thence South 89025' East 934.3 feet; thence South 12044' East 352.1 feet; thence South 39"33' Bast 226.9 feet to the quarter vection line; thence West along the quarter section line 1152 feet more or less to the POINT OF BEGINNING. T00ETHER WITH a 30 foot right of way running East and'West along the quarter section line from the Southwest corner of the following described parte;: Commencing at a point which is North 89020' East a distance of 25 feet from the quarter corner common to sections 19 and 20, Township 3 North, Range t sa5t, Boise -Meridian, Ada County, Idaho, the RnAL POINT Or D.TGINNINO, running thence North parallel to the West line of said section 20 a distance of 353.5 feet; thence North 99025' East•a distance of 543.0 foot, thence South parallel with the West line of said Section a distance of 353.5 feet, more or less to a point which bears North 89020' East 543.0 feet from the ARAT, POINT OF BEGINNING, thence south 89021' West a distance of 543 feet to the REAL POINT OF BEGINNING. EXCEPT tha North 761.75 foot. t. i �S i' 4. :Y i. 15:9r 2013 -:4q .^-. lcr lc,PAGF . OOP I'll 1 y • 0 REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY 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 and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Raven Hill Subdivision 2. General Location, NW1/4, Section 20, T.3N., R.1E. 3. Owners of record, Raven Hill Partnership Address, 2604 N. Cole Rd., Boise, ID 83704 , Telephone (208)378-8007 4. Applicant, Allan Chandler/Raven Hill Ptnshp. Address, 2604 N. Cole Rd -Boise, Idaho. 83704 5. Engineer, James C. Merkle Firm Hubble Engineering. eering. Inc. Address, 9550 Bethel Ct.. Boise, ID 83709, Telephone (208)322-8992 6. Name and address to receive City billings: Name: Applicant Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 19.54 2. Number of Lots: 67 (63 building and 4 common lots) 3. Lots per Acre: 3.2 4. Density per Acre: 3.2 5. Zoning Classification(s):R-T and R-1 with proposed R-4 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification R -T and R-1 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common areas Explain N/A For future parks No Explain 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City---2L-Water Supply X Fire Department X , Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s) 8,000 sq. feet b. Minimum square footage of structure(s) 1400 sq. feet C. Are garages provided for No square footage 420 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Protective covenants require landscaping for each buildable lot. f. Trees will be provided for No Trees will be maintained N/A g. Sprinkler systems are provided for Yes 0 h. Are there multiple units No Type _N/A Remarks N/A i. Are there special setback requirements No Explain N/A j. Has off street parking been provided for No Explain N/A k. Value range of property $100.000 - $150.000 1. Type of financing for development Standard :7 In. Protective covenants were submitted No Date w/ final app. 16. Does the proposal land lock other property, No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. k1formIsubapp.mer �\,\� ENGI/yF��� • _ . HUBBLE ENGINEERING, INC. �9\ G �yl 9550 Bethel Court ■Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 RV Project No. 94125 August 11, 1994 LEGAL DESCRIPTION RAVEN HILL PRELIMINARY PLAT A parcel of land located in the S1/2 of the NW1/4 of Section 20, T.3N., R.1 E., B. M., Ada County, Idaho more particularly described as follows: Commencing at the W1/4 of Section 20, T.3N., R.1 E., B. M., Ada County, Idaho from which a brass cap marking the NW corner of said Section 20 bears North 0034'33" East, 2654.56 feet; il thence along the East-West centerline of said Section 20 North 89°55'58" East, 25.00 feet to the East right-of-way line of Locust Grove Road said point being the REAL POINT OF BEGINNING; thence leaving said East-West centerline North 0034'33" East 60.00 feet along said right-of-way line and parallel with the West boundary line of said Section 20; thence leaving said right-of-way line North 89055'58" East, 302.98 feet parallel with the East-West centerline of said Section 20; thence parallel with the West boundary of said Section 20 North 0034'33" East, 131.43 feet; thence North 89°59'33" East, 240.01 feet; thence parallel with the West boundary of said Section 20 North 0034'33" East, 311.69 feet; thence South 89059'33" West, 21.44 feet; thence North 26005'27" West, 277.95 feet; thence South 89059'33" West, 421.80 feet to a point on the West boundary line of said Section 20; thence along said West boundary line North 0033'34" East, 23.35 feet; thence leaving said West boundary line North 89059'22" East, 1443.60 feet to a point on the centerline of the Hunter Lateral; • L-1 thence along the centerline of said Hunter Lateral the following three calls: South 11 033'OT' East, 554.27 feet; South 06006'40" East, 42.59 feet; South 38029'36" East, 241.86 feet to a point on the East-West centerline of said Section 20; thence along said East-West centerline South 89055'58" West, 1692.47 feet to the Point Of Beginning, containing 19.54 acres, more or less. SUBJECT TO: Rights-of-way for Locust Grove Road and easements for the Hunter Lateral and Nine Mile Creek. �Ev- TRW/mf/625.des Todd R. Waite, L.S. tee_ ` 4 rQ\ m �~ J n� ` ~ r }1 1 OR ~ wAaaAtrs ossa J.O tR'i0 BOTS ttttp aaauired title as Grade A./Christansen roe VAndi aacarvW Ora" chtistansen, an unmarried person, and Alan J. Bass, an unmarried person 94 JJULy�7 KI 3_15 FE142 W RECO'n0_3 ::7 ' K, i -.:-QUEST OR Tia Oi m" s, do hereby grant, bargain, sell and convey unto Raven Rill, an idsho General Partnership TU GRANTBa , whose aurreat address is 2604 N. Cola Road, Boise, Idaho 83704 the following described premises, in Ada County, Idaho, to Mit: Parcel A An irregular tract in the Northwest quarter of Section 20, Township 3 North, Range 1 Bast, Boise -Meridian, described by metes and bounds, as follows: Beginning at the quarter section corner between Sections 19 and 20, Township 3 North, Range 1 Bast, Boise -Meridian; thence North along the section line, a distance of 503.52 feat to the POINT OF BBGINNINGr thence continuing North along the section line a distance of 274.58 feet! thence North 89025, Beat 1440.4 feet to the center of a lateralr thence South 12.44' Beat along the center of a lateral 281.5 feet to a point; thence South 89.2 ' west of 1502.44 feet to the POINT OF BEGINNING. 1jVqWWV/if (Cantinuwd) INITIAL To RAVE ANA To BOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever; and the said Grantors do hereby covenant to and with the said Grantee , that they are the owners in fee simple of said premises; era free from all encumbrances B%CBPT, current year taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record and that t he y will warrant and defend the aamd from all lawful claims whatsoever. DAT : June 28, 1994 Grade Christensen STATS or IDW, COMM OF on this &A day of �L(,((} 19 94 , before me, a said State. personally aaDeal Grad& Christensen Alan J. Rees the )mown or identified to as to be the persoz6 whose nam46 QXE, sub& r%&D'the within instrument, and aclmowledged to me that ted the &oma• 1!73 ary Public Residing at Wl U 2dahn Uj Commission Bxpires: Post -It" brand (au tmnsmkW memo al ops.+ �' r ..,. �e JUL 22 '94 15:55 208 3.15 1452 PAGE.001 :I DBBD, ZWBIT W. AITACEM b J� EXCEPT THEREFROM the followingi Beginning at the Southwest corner of the Northwest quarter of Section 10, Township 3 North, Range 1 East, Voice -Meridian, Ada County, Idaho; thence North 89.20, East 25.00 feet to an iron yin on thn PAnrerly boundary of a County Road, thence North 0.001 East 503.50 feet along the Easterly boundary of said County Road to an iron pin marking the REAL PO=T OF ERNTNMTNGi thence continuing North 0.00, Best 249.60 feet along the Easterly boundary of said County Road to an iron pin; thence North 69025' East 396.80 fn*h to an iron pin on the Westerly bank of n drain ditchl thence South 26.40' East 277,95 feet along the Westerly side of a drain ditch to an iron pin: thence South 69025' West 521.56 fast to the REAL POM OF BEGINNING. ALSO EXCEPT rights of way for Locust Grow Road, mortar Lateral and Nine Milo Drain. Parcel a Commencing at the Southwest corner of the Northwest quarter of Section 20, Township 3 North, Rang* 1 Rest, Poiso-Moridian; thence Bast along the South line of said quarter section a distance of 568 feet to the TRUE POINT OF BEGINNINGT thence North a dlatance of 503.5 foot; thence South 89.25' East 934.3 feet! thence South 13.44' East 362.1 feet) thence South 39^33' Nast 929.9 feat 6o the quarter oeation linos thence West along the quarter section line 1152 feet more or less to the POINT OF BEGINNING. TOGETHER WITH a 30 foot right of way running East and'West along the quarter section line from the Southwest corner of the following described parcel: Commencing at a point which is North 89620' Seat a distance of 25 feet fee- the quarter corner common to Sections 19 and 20, Township 3 North, Range 1 Seat, aoiee-Meridian, Ada County, Idaho, tho RDAT. POINT Or OzOINNING, running thence North parallel to the West line of said Section 20 a distance of 353.5 feet; thence North 99.25. 3:aet• a dintanee of 643.0 foot, thence South parallel with the West line of said Section a distance of 353.5 feet, more or less to a point which boars North 89"201 East 543.0 feet from the RRAT, POINT OF 13MINNiN0; thence South 89.21' West a distance of S43 feet to the REAL POINT OF BEGINNING. EXCEPT tha North 761.75 feet. Q. 3 A .. y x -LENN J. RHODES. Presidenr ." TERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: FROM: SUBJECT: ACHD Commission Development Services INTER -DEPARTMENT CORRESPONDENCE RAVENHL/DSTECH 9-7-94 DATE: September 1, 1994 PRELIMINARY PLAT - RAVEN HILL SUBDIVISION (Developer - Allan Chandler, Raven Hill Partnership, 2604 N. Cole Rd., Boise, ID 83704) (Engineer/Surveyor - James Merkle, Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. Raven Hill is a 63 -lot, 19.5 -acre, single family residential subdivision located on the east side of Locust Grove approxi- mately one-half mile south of Overland Road. There are 4,000 -feet of new public streets planned. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 19.5 FEET OF NEW PUBLIC STREETS - 4,000 LOTS - 63 ZONING - RT and R-1 with proposed R-4 ESTIMATED VEHICLE TRIPS PER DAY - 630 TRAFFIC ANALYSIS ZONE - 286 L.F. OF FRONTAGE ON S. Locust Grove - 60 -feet MOST RECENT TRAFFIC COUNTS - N/A FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local/Section Line ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60 -feet; 35 -feet east of centerline REQUIRED RIGHT-OF-WAY - 90 -feet; 45 -feet from centerline Locust Grove is improved with 24 -feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Near Rural ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT —RAVEN HILL September 1, 1994► Page 3 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Boise City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when the driveways are not being shared with the adjacent property. 10. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLAT `ZAVEN HILL September 1, 1994 Page 2 3. Rim View Subdivision is to the north of this parcel. The proposed Sundance Subdivision is to the east and the proposed Los Alamitos Subdivision is to the south. The preliminary plat shows stub streets to the east from the proposed Yarrow Street and to the south from the proposed Chandler Way. 4. The proposed stub street to the east will cross the Hunter Lateral. Staff recommends the developer provide a deposit to the District for one-half of the cost of a bridge to cross the Hunter Lateral. 5. Staff recommends the sidewalk on the south side of the pro- posed Raven Hill Drive extend to the west point of curve along Lot 1, Block 5. 6. The intersection of Raven Hill Drive and Chandler Way does not appear to meet ACHD standards. Staff recommends the intersec- tion be reconfigured to maintain a maximum 15 -degree offset from perpendicular. 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on September 13, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45 -feet of right-of-way from the centerline of S. Locust Grove abutting parcel (10 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit of $35,000 to the District for one-half of the cost of a bridge to cross the Hunter Lateral at the east end of the proposed Yarrow Street. 3. Construct the interior streets to a 37 -foot back-to-back street section with 4 -foot wide concrete sidewalks in 50 -feet of right-of-way. 4. Reconfigure the intersection of Raven Hill Drive and Chandler Way to maintain a maximum offset of 15 -degrees from perpendicu- lar. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. PRELIMINARY PLAT �VEN HILL September 1, 1994 Page 4 11. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale • i i a « u w t s of 11 u n it is of ft tt t � •t m ot Ll �, n •� • fL /Yf is at \•' �' _J�' • \�\\ .1� lot �t 01 - co M z ' F- Z U 2i N I I� N i Tom' o U W Q � c C y'z S r � e•..r. e✓� ~1 -mak .r y.C.-.- _Ljj.,• cm • i i a « u w t s of 11 u n it is of ft tt t � •t m ot Ll �, n •� • fL /Yf is at \•' �' _J�' • \�\\ .1� lot �t 01 - co Q� 2i h F. Tom' t � c C y'z e✓� ~1 -mak .. _Ljj.,• cm Ali" V z M z i= o I } H Z rl u ° of 74 tl\[t 1t f It 0 • f - '� W � • • — Qq��ll _ r V 01 GL .. _. ��. j (tj Q� 2i h F. C t � c C (tj Q� 2i 0 0 RECEIVED SUBDIVISION EVALUATION SHEET CITY0 6 1994 CIT Y Ui Proposed Development Name RAVEN HILL SUB City MERIDIAN Date Reviewed 8/25/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enar. / Allan Chandler The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. T/6- mtz/_ Date Z The Street name comments listed below are made by the members of the A A COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Citv Street Name Ordinance. The following existing street names shall appear on the plat as: "S LOCUST GROVE ROAD" "YARROW" "HESS" and "CHRISTENSEN" are duplications and therefore cannot be used. "CHANDLER" sounds too much like "CHANTERELLE" and therefore cannot be used. The following new street name is approved and shall appear on the plat as: "E. RAVEN HILL DRIVE" Please choose 4 new street names and have them approved by the street name committee. 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; E CY REP SENTATIVES OR DESIGNEES Ada County Engineer John Priester JA Date O 2s f Ada Planning Assoc. Terri Raynor/ Date �S Meridian Fire District Representativ � Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index . n /') , /V 61V NUMBERING OF LOTS AND BLOCKS 64 7R\SUBS%SM G7Y.FRM CC CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division RECEIVED S E P 1 4 1994Return to: ❑ Boise CIT Y OF WAU)JAN❑ Eagle ❑ Garden city Co I Use # Meridian _ ❑ Kuna Preliminary / 'nal /Short Plat ACZ ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type, of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 26�]- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: -0�:entral sewage ❑ community sewage system ❑ community water well ❑ interim sewage �-;E?-central water ❑ individual sewage ❑ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: >R� central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines JR central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. , ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �-13. 0024&w /`% /'I %LSCcaire ,�t iso.-tS Date: Reviewed By: 0110 10/91 rcb, rev. 11/93 jll COf CENTRAL • DISTRICT HEALTH DEPARTMENT MAIN OFFICE a 707 N. ARMSTRONG PL e 801SE. ID. 83704 a (208) 375-5211 • FAX: 327$500 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 the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT . 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise. and Ada Counties Ado / Boise County Office WIC Boise - Meric6ar Elmore County 0@ce Emote County Office Voley County Ofkke 707N. Armstrong Pl. 1606 Roberts 520 E 81h Sheet N. of Environmental HeaM P.O. Bar 1448 Boise. A. •83704 Boise. ID. Mountrnn Home.10. 190 S. 4M Sheet E McC-1. ID. 83638 Envy o. Heath: 327-7499 83705 Ph. 334,M 83647 Ph. 581-4407 Mountcn Home, ID. Ph. 634-7194 rtmdy P! tning 327-1400 324 Mendion. ID. 83691 Ph. 5B7-9225 327-7450 83642 Ph. 888-6525 Nuf mo 327.7460 WIC: 327-7488 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian . City Hall, Attn: Will Berg, City Clerk by: September 6 1994 TRANSMITTAL DATE: . HUB OF TREASURE VALLEY MOE ALIDJANI, P/Z COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA ty Clerk MAL ON ROBERT D. CORRIE JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. CityiEngin Engineer WALT W. MORROW CITY OF MERIDIAN W. MORROW BRUCE D. STUART, Water Works Supt. SHARI STILES 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning 8 Zoning Public Works/Building Department (208) 887-2211 G U-uI� \ �J L1 _WALT MAX YERRINGTON, C/C GRANT P.KINGSFORD WATER DEPARTMENT eke,4 Mayor 2 AU� 3 199 DEPARTMENT NAIvI A, & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEL WWTT#RbJECTS OTHER: Nam a & Meridian Irrigation YOUR CONCISE REMARKS: p WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian . City Hall, Attn: Will Berg, City Clerk by: September 6 1994 TRANSMITTAL DATE: 8/22/94 MOE ALIDJANI, P/Z HEARING DATE: 9/13/94 JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT REQUEST: Annexation/ zoning -with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road South of Lem, . 1 • • . • M- JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ROUNTREE, P/Z ADA PLANNING ASSOCIATION ECEIV _CHARLES HEPPER, P/Z CENTRAL DISTRICT HEALTH _TIM GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT SEP 0 6 1994 RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLA'01TY Ori' mEiilWniv BOB CORRIE, C/C MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _WALT MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT CITY FILES _SEWER BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: Nam a & Meridian Irrigation YOUR CONCISE REMARKS: p POLICE DEPARTMENT District's Ninemile Drain courses along the west ATTORNEY boundary of the project. The right-of-way of the Ninemile _CITY CITY ENGINEER Drain is 60 feet: 30 feet from the center each way. CITY PLANNER See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVE-M POSSESSION. The developer must contact John Anderson or Bill Henson at 466-0663 or 34-5-2431 for approva e ore any encroac ment or change of right-of-way occurs. This District requires that a Land Use Change Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all Bill e sistant Water Superintendent Nampa & Meridian Irrigation District development!, within this District, Nampa & Meridian Irrigation District's Hunter Lateral courses along the east boundary of the project. The right-of-way of the Hunter Lateral is 40 feet: 20 feet from the center each way. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON. JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator 121P U,1. JIM JOHNSON IL Chairman -Planning 8 Zoning AUG 2 9 19 CM OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO,fECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendation to Meridian . City Hall, Attn: Will Berg, City Clerk by: September 6 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road South of Overiand Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNFY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams 1 Idaho Power 322-2047 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: Fact side of Locust Grove Road. South of JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 0 - RECEIVED AUG 2 6 1994 CITY OF MERMAN • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk 4ANICE L. GAS, City Treasurr CITY OF MERIDIAN GARY D. SMTHS P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT. Weare Water Supt. KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: Fact side of Locust Grove Road. South of JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 0 - RECEIVED AUG 2 6 1994 CITY OF MERMAN SUBDIVISION EVALUATION SHEET EC'1V APR 2 7 1995 CI`TY Of MEKI I I Proposed Development Name RAVENHILL SUB City MERIDIAN Date Reviewed 3/23/94 Preliminary Stage XXXXX' Final Engineer/Developer Hubble Enar. / Raven Hill Partnership The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street .names shall appear on the plat as: "S. LOCUST GROVE ROAD" "E. OVERLAND ROAD" The followina new street name is approved and shall appear on the plat as: "E. RAVEN HILL DRIVE" "S. TOTEM WAY" "E. KLAWOCK STREET" "E. TONGASS STREET" "HAIDA" is toomuch like HEIDI and therefore cannot be used. Please choose an alternate name and have it ap roved by the street name committee. 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 COMMITTE , A ENCY RtPR E TATIVES OR DESIGNEES Ada Count Engineer John Priester Date Z Ada Planning Assoc. Terri Raynor ate � S City of Meridian Representative Meridian Fir District Representative Date Date NOTE: A copy of this evaluation sheet must be presented to the Pada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index NUMBERING OF LOTS AND BLOCKS no lot 14 block 1 nota roved *>k TX CONFIRMATOREPORT ** AS OF APR 14 '9009.20 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDti STATUS 09 04/14 09:19 3780329 OF --S 00'40" 001 066 -------------------------------------------------------------------------------------------- OK Phone 11 NUB OF TREASURE VALLEY Fax 0 COUNCILMEMBERS OFFICIALS A Good Place Eo Live RONALD R. TOISM A City WILLIAMI, MERIDIAN W BTW MORROW GASS, City' rer JANIOE L. GASS, CilyTreeBurer CITY OF GARY 0. SMITH. P.E. City Engineer BRUCE D. STUART. Water Works SUMSHARI 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste Walor Supl. Planner BZCAIng Adminirlraler KENNY W. BOWERS, Fire Chid �,rC MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. •'BILL" GORDON, Police Chiefphone (208) 888.4433 •FAX ( ) 8874813 Cnalnnan • Planning & Zoning WAYNE G, CROOKSTON. JR., Altorney Public works/Building Department (208) 887-2211 April 14, 1995 o�NTPmayoosFORD Ms. Tracey Persons Hubble Engineering;, Inc. 9550 Bethel Court Boise, TD 83709 Re: Raven Hill Subdivision Development Agreement Dear Ms. Persons: rost-YV Fax Note 7671 ToFrom r'SD DatO -/ y cjs Page `l / CoJDePL Co. Phone k Phone 11 Fax k p— Fax 0 This letter is in response to your letter dated April 12, 1995, regarding Ming of the Hunter Lateral and sharing the cost of tiling with the adjacent developer. The City will not modify this portion of the development agreement and has no desire to serve as intermediary, for agreements between developers. Tiling of the ditch is a requirement of the Raven Hill Subdivision and a cost of development. Actual construction or appropriate financial guarantees will be required of the developer of the haven Hill Subdivision for this work prior to signing of the final plat. Should the developer wish to work out his own agreement with Gary Voigt, that is solely up to him. As Raven Hill is considerably further ahead in the process than Sundance Subdivision, waiting until Sundance is ready to do their portion of the work would not be acceptable. This development agreement is scheduled for April 18, 1995, having been tabled numerous times. If the agreement is not signed and delivered to the City as prepared, it will be removed from the agenda indefinitely until it is signed. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN" Shari L. Stiles Planning & Zoning Administrator ENGIApe • F9 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 ■ Fax 208/378-032c, by September 12, 1994 City of Meridian Ms. Shari Stiles, Planning Administrator 33 East Idaho Street Meridian, Idaho 83642 RE: Raven Hill Subdivision Preliminary Plat Comments Dear Shari, The items below are in response to your letter dated September 9, 1994. 1. We will designate the fronts- of the lots to meet the City's requirements. 2. The preliminary plat will be revised to show the additional curve information requested. 3. This will be done. 4. The lots in Rim View Subdivision which are directly north of this project are 1.0 acre lots with the houses clustered along Charolais Drive. Each lot has a pasture at least 100' deep which presently serves as a buffer to the proposed subdivision. 5. This will be done. • 6. There are some existing cottonwood trees along the north property line, otherwise there is just a boundary fence. 7. This will be done. 8. The preliminary plat will be revised to show this. Thank you for your time, and please do not hesitate to call if you have any questions. Jain is C. Merkle, P.E. • Y ,\� ENGipF� 9� NUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 9 �y September 12, 1994 City of Meridian Mr. Gary Smith, P.E. 33 East Idaho Street Meridian, Idaho 83642 RE: Raven Hill Subdivision Preliminary Plat Comments Dear Gary, The items below are in response to your letter dated September 8, 1994. 1. The Benchmark for the topography is I.T.D. Eagle Road data (U.S.G.S.) BM "E-2 - PK in centerline of Overland, ±600' West of Eagle Road, elevation 2653.49. 2. This will be completed prior to final design. 3. This will be done. 4. This is a true statement. 5. Lot 14, Block 1, shall be kept in the ownership of the developer and the developer will maintain the strip of land. 6. This will be done. 7. This will be done. 8. This will be done. 9. The 1991 FIRM Map for Ada County (Panel 253 of 850) indicates that there is no floodplain or floodway designated along the Nine Mile Drain east of Locust Grove Road. 10. The preliminary plat boundaries are shown as stated on the warranty deed. �r 0 RECEIVED ED AUG 3 1 1994 • SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration CITY OF MERIDIAN DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 August 24, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Raven Hill Subdivision Dear Councilmen: I have reviewed the application for Raven Hill Subdivision and find that it includes approximately 67 homes at a median value of $120,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 29 elementary aged children, 22 middle school aged children, and 20 senior high aged students. At the present time Mary McPherson Elementary is at 101% of capacity, Meridian Middle School is at 130% of capacity and Meridian High School is at 112% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • 0 We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, �L I2'k Dan Mabe Deputy Superintendent DM: gr PW • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JACE L. GAS, City TreasurrIE CITY OF MERIDIAN ROBERT R GARY D. SM THS P.E. City Engineer MORRROW W WALT W.M BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Administrator & Zoning KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FIN CITY FILES &� OTHER: YOUR CONCISE REMARKS: r, RECEIVED AUG 2 3 1594 CITY OF MERIDIAN Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian. City Hall, Attn: Will Berg, City Clerk by: September S. 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, South of • l• JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CI'l Y 'iii iW�l.clra>Y!'►J 1I MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: 0 ql 1 YOUR CONCISE REMARKS: z w • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA ,%M G. BERG, JR., City Clerk L. GAS, City Treasurr CITY OF MERIDIAN MAX YERRINGTON ROBERT D.R RIE G__,lCE ARY D SM THS P.E. City Engineer WALT W. MOROR ROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste water Supt. Planner &Zoning Administrator & Zoning KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian. City Hall, Attn: Will Berg, City Clerk by: September S. 1994 TRANSMITTAL DATE: 8/22/94 HEARING DATE: 9/13/94 REQUEST: Annexation/ zoning with a preliminary plat for Raven Hill BY: Allan Chandler LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, South of • l• JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CI'l Y 'iii iW�l.clra>Y!'►J 1I MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: 0 ql 1 YOUR CONCISE REMARKS: z w OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 9 FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckieton, Assistant to City Engineer Re; RAVEN HILL SUBDIVISION (Annexation / Zoning & Preliminary / Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning September 8, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Reference elevations and contours shown on the Preliminary Plat map to an established benchmark. 2. Determine the seasonal high ground water elevation, and profile the sub -surface soil conditions. 3. Sewer and water service to this development will be via mains currently being installed in S. Locust Grove Road, as part of Sportsman Pointe No. 4 Subdivision. The design locations for the water and sewer are 15 feet and 25 feet west of the centerline respectively. 4. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 5. What is the proposed use of Lot 14 Block 1 ? 6. Submit the proposed restrictive covenants and/or deed restrictions. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision name and street names. 8. Submit a master street grading and drainage plan including method of disposal & approval from the affected drainage district. C:\WPWIN60\GENERAL\RAV ENHn,. P&Z 0 • 9. Please indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat map and/or any plans to reduce said boundaries. 10. The Preliminary Plat map needs to include all the property up to the existing R -O -W, Lot 14 Block 1, as shown, extends to the centerline or section line of S. Locust Grove, therefor indicating that there isn't any existing R -O -W across that frontage. 11. Coordinate the fire hydrant placement with the City of Meridian's Water Works Superintendent. 12. A 250 Watt High Pressure Sodium Street Light will be required at the subdivision's entrance off S. Locust Grove Rd. 13. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 14. Submit information detailing the traffic impact on existing or adjacent roadways & intersections. 15. Water service to this development is contingent on positive results from a hydraulic analysis by our computer model. 16. The stub street going south, appears to match alignment with the stub street shown on the approved Preliminary Plat for "Los Alamitos Subdivision", however there wasn't a stub street shown on the Preliminary Plat map that this office reviewed for "Sundance Subdivision, that would line up with the one shown on this development's map. C: \ WPWIN60\GENERAL\RA V ENH] L. P&Z TO: PlanniC= ng & Zc�o fission, Mayor and Council FROM: Shari L. Stiles, Planni g & Zoning Administrator DATE: September 12, 1994 SUBJECT: Annexation and Zoning of R-4 with a Preliminary Plat for Raven Hill 1. Unless lot lines are adjusted or a variance is applied for and granted, Lot 6, Block 1; Lot 1, Block 2; and Lots 1 and 8, Block 3, will need arrows designating the direction the house must face to meet the 80' frontage requirement. 2. Curve lengths are missing from some of the lots. 3. Non-combustible fencing is required along the Nine Mile Drain, outside of Nampa - Meridian Irrigation District and/or Bureau of Reclamation easement, prior to construction. Perimeter fencing is required for the rest of the development prior to construction. 4. Rural residential parcels need to be adequately buffered. Plat should be redesigned to show transitional buffering as identified in Comprehensive Plan policies 6.7U, 6. U, 6.9U and 6.10U. 5. Hunter Lateral is to be tiled. Submit appropriate license agreements from agencies. 6. Applicant must take special care to preserve existing natural features, particularly along the north side of the property. 7. Change Note 10 to reflect minimum house size of 1,400 s.f. is required. 8. Applicant needs to coordinate with adjacent Sundance Subdivision for stub streets which may have changed slightly. 9. A development agreement is required as a condition of annexation. • 10 HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE GITH,P.E.ity RONALD R. TOLSMA MAXYENGTON CITY OF MERIDIAN ROBERT Engiurerneer GARY D. SMITH, P.. City Engineer RYD. RR W WALT W. WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO RECEIVED SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887-3813 SEP 12 1994 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 MEMORANDUM yy ,y GRANT P. KINGSFORD CITY0i" t Lrli►1L1L1+ N Mayor TO: PlanniC= ng & Zc�o fission, Mayor and Council FROM: Shari L. Stiles, Planni g & Zoning Administrator DATE: September 12, 1994 SUBJECT: Annexation and Zoning of R-4 with a Preliminary Plat for Raven Hill 1. Unless lot lines are adjusted or a variance is applied for and granted, Lot 6, Block 1; Lot 1, Block 2; and Lots 1 and 8, Block 3, will need arrows designating the direction the house must face to meet the 80' frontage requirement. 2. Curve lengths are missing from some of the lots. 3. Non-combustible fencing is required along the Nine Mile Drain, outside of Nampa - Meridian Irrigation District and/or Bureau of Reclamation easement, prior to construction. Perimeter fencing is required for the rest of the development prior to construction. 4. Rural residential parcels need to be adequately buffered. Plat should be redesigned to show transitional buffering as identified in Comprehensive Plan policies 6.7U, 6. U, 6.9U and 6.10U. 5. Hunter Lateral is to be tiled. Submit appropriate license agreements from agencies. 6. Applicant must take special care to preserve existing natural features, particularly along the north side of the property. 7. Change Note 10 to reflect minimum house size of 1,400 s.f. is required. 8. Applicant needs to coordinate with adjacent Sundance Subdivision for stub streets which may have changed slightly. 9. A development agreement is required as a condition of annexation. v S � i e 4t i ',•� c' i . } � •.r ., � -, yrAU ' s W , 0 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 13.1994 APPLICANT: ALLAN CHANDLER AGENDA ITEM NUMBER:, 9 REQUEST: REQEUST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11, 1994 APPLICANT: ALLAN CHANDLER AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT FOR, RAVEN HILL SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 0 * COPY BEFORE THE MERIDIAN PLANNING AND ZONING RAVEN HILL - ALLAN CHANDLER ANNEXATION AND ZONING NW 1/4 OF SECTION 20, T.3N., R.1E. RAVEN HILL SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on September 13, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 RAVEN HILL annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is 19.57 acres in size; it is located approximately a half mile south of Overland on the east side of Locust Grove Road; that the adjacent property to the East is the Sun Dance Subdivision; that to the South is Los Alamitos Subdivision; that to the North is Rim View Subdivision. 3. That Jim Merkle stated that it is south of Overland Road, it is near Los Alamitos and Sundance Subdivisions with access to them, that sewer and water would come from Locust Grove Road deep—, see , enough to go under the Nine Mile Drain, that a computer water analysis was needed, the pressurized irrigation would be installed and maintained by the Nampa & Meridian Irrigation District, that the property is next to Rim View Acres and its large lots would provide a buffer, that there will be a two car garage requirement, and the development would be for 63 single family lots with a density of about 3.2 lots per acre. 4. That the property is presently zoned R -T (Rural Transitional) and R-1 (Estate Residential) in Ada County; that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 5. That the type of development if for single family dwelling units; that the minimum square footage per lot if 8,000 square feet; that the minimum square footage per structure was stated to be 1,400 square feet; that the value will range between FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 RAVEN HILL $100,000 to $150,000.00; that the subdivisions in the area have at least a minimum house size of 1,500 square feet. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of record of the property. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. That there were two people testifying at the hearing, other than the Applicant's engineer; that Fred Steinbroner, Sr., a resident in Rim View Subdivision, testified that he wanted a wood fence between his property and the subject property built before construction; that the trees that are along the boundary between his land and the Applicant's should be left to his side of the fence; that he had a question on the easement for utilities; that he wanted the trees on the land to remain. 11. That Fred Steinbroner, Jr. testified that he had no objection to the subdivision but does not like what is being done there; that the trees would be a natural barrier and any fence should be built on the Applicant's side of the property; that there should be buffering to protect the subdivision; and that he would accept the trees as a transitional buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 RAVEN HILL 0 12. The Ada County Highway District, the Nampa Meridian Irrigation District, City Engineer, City Planning Director, Idaho Power, U. S. West, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are incorporated herein as if set forth in full. 13. The City Engineer, Gary Smith, submitted comments and amongst others he stated that the seasonal high ground water elevation and the profile of the sub -surface conditions need to be determined, that existing ditches need to be tiled, and that all domestic wells and/or septic systems will have to be removed except that well may be used for non-domestic purposes. 14. That the Planning director submitted comments, some of which were similar to those of the City Engineer, but also that a development agreement was required as a condition of annexation, that a non-combustible fence was required along Nine Mile Drain outside of the Nampa & Meridian easement, that the rural residential parcels in Rim View acres need to be buffered Hunter Lateral needs to be tiled, that Applicant needs to coordinate with Sundance Subdivision for stub streets. 15. The Meridian School District's comment on this annexation request was that the subdivision proposed for the land would cause increased over -crowding in all three schools, that Mary McPherson Elementary is at 101% capacity, Meridian Middle School is at 130% capacity and Meridian High School is at 112% of capacity; that before the District could support this subdivision, land needs to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 RAVEN HILL U E be dedicated to the district or at least made available and that another bond issue for the construction of schools needs to be passed. 16. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 17. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 18. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 19. That the property can be physically serviced with City water and sewer via mains currently being installed in S. Locust Grove Road, as part of Sportsman Pointe No. 4 Subdivision. 20. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the. Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 RAVEN HILL • • feet to be included in houses in that zone, but the subdivisions in the area have been required to have a minimum of 1,500 square feet as a condition of annexation. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, town houses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 24. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, town houses arrangements), . . ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 RAVEN HILL i 0 25. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue. 26. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 RAVEN HILL E • residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 RAVEN HILL "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That proper notice was given as required by law and all procedures before the City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 RAVEN HILL 0 been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 RAVEN HILL legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping and maintenance thereof, by a mandatory home owners association FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 RAVEN HILL 0 • rather than the individual lot owners. The Applicant shall adopt Covenants, Conditions and Restrictions as a condition of annexation and they shall require a mandatory homeowners association which can assess dues and fees. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that a house size of 1,500 square feet must be met as has been required in other FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 RAVEN HILL subdivisions in this area. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall not be annexed or shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) MOTION: APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW RAVEN HILL VOTED VOTED VOTED VOTED IrL VOTED DISAPPROVED: Page 13 0 • DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property be annexed and zoned as requested if the Applicant meets the conditions set forth in these Findings of Fact and Conclusions of Law, specifically including the adoption of a home owners association with mandatory dues, that the Applicant and owners are specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements, and enter into the required development agreement, and that if the conditions are not met that the property not be annexed or if these conditions are not met that the land be de - annexed. That no annexation ordinance shall be prepared or adopted until the Applicant submits the development agreement referenced above. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW/FIRELIGHT EST. PAGE 14 MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT; ALLAN CHANDLER ADGENDA NUMBER; 14 REQUESTANNEXATION AND ZONING WITH A PRELIMINARY PLAT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINS OF FACTS AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMOMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: iAA 0 Ll MERIDIAN CITY COUNCIL MEETING: DECEMBER 6,1994 APPLICANT; ALLAN CHANDLER ADGENDA NUMBER; 5 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • 0 BEFORE THE MERIDIAN CITY COUNCIL RAVEN HILL - ALLAN CHANDLER ANNEXATION AND ZONING NW 1/4 OF SECTION 20, T.U., R.1E. RAVEN HILL SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 15, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony and the Applicant appearing through his engineer, Jim Merkle, and having duly considered the matter, the City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 RAVEN HILL i 0 reference is incorporated herein; that the property is 19.57 acres in size; it is located approximately a half mile south of Overland on the east side of Locust Grove Road; that the adjacent property to the East is the Sun Dance Subdivision; that to the South is Los Alamitos Subdivision; that to the North is Rim View Subdivision. 3. That Jim Merkle stated that it is south of Overland Road, it is near Los Alamitos and Sundance Subdivisions with access to them, that sewer and water would come from Locust Grove Road seep enough to go under the Nine Mile Drain, that a computer water analysis was needed, the pressurized irrigation would be installed and maintained by the Nampa & Meridian Irrigation District, that the property is next to Rim View Acres and its large lots would provide a buffer, that there will be a two car garage requirement, and the development would be for 63 single family lots with a density of about 3.2 lots per acre. 4. That the property is presently zoned R -T (Rural Transitional) and R-1 (Estate Residential) in Ada County; that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 5. That the type of development if for single family dwelling units; that the minimum square footage per lot if 8,000 square feet; that the minimum square footage per structure was stated to be 1,400 square feet; that the value will range between $100,000 to $150,000.00; that the subdivisions in the area have at FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 RAVEN HILL least a minimum house size of 1,500 square feet. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of record of the property. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. That there were two people testifying at the hearing, other than the Applicant's engineer; that Jerry Frank, residing on Locust Grove Road, commented on the irrigation line across the road; that he wants to tie into the sewer line eventually; that development is cause speeding problems and he questions the need for need for a traffic light, thinking that one was needed; that he want berming and landscaping; and that he had concerns over drainage. 11. That George Cushing testified about irrigation and questioned how lines would be tied in when lots back into this subdivision. 12. The Ada County Highway District, the Nampa Meridian Irrigation District, City Engineer, City Planning Director, Idaho Power, U. S. West, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 RAVEN HILL 0 0 incorporated herein as if set forth in full. 13. The City Engineer, Gary Smith, submitted comments and amongst others he stated that the seasonal high ground water elevation and the profile of the sub -surface conditions need to be determined, that existing ditches need to be tiled, and that all domestic wells and/or septic systems will have to be removed except that well may be used for non-domestic purposes. 14. That the Planning director submitted comments, some of which were similar to those of the City Engineer, but also that a development agreement was required as a condition of annexation, that a non-combustible fence was required along Nine Mile Drain outside of the Nampa & Meridian easement, that the rural residential parcels in Rim View acres need to be buffered Hunter Lateral needs to be tiled, that Applicant needs to coordinate with Sundance Subdivision for stub streets. 15. The Meridian School District's comment on this annexation request was that the subdivision proposed for the land would cause increased over -crowding in all three schools, that Mary McPherson Elementary is at 101% capacity, Meridian Middle School is at 130% capacity and Meridian High School is at 112% of capacity; that before the District could support this subdivision, land needs to be dedicated to the district or at least made available and that another bond issue for the construction of schools needs to be passed. 16. That the property is shown on the Meridian Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 RAVEN HILL • E Plan as being in a Single Family Residential area. 17. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 18. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 19. That the property can be physically serviced with City water and sewer via mains currently being installed in S. Locust Grove Road, as part of Sportsman Pointe No. 4 Subdivision. 20. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3.as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone, but the subdivisions in the area have been required to have a minimum of 1,500 square feet as a condition of annexation. 21. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 RAVEN HILL Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, town houses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 24. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, town houses arrangements), . . ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 25. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue. 26. That in prior requests for annexation and zoning in this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 RAVEN HILL • 1 0 area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 RAVEN HILL increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 RAVEN HILL way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That proper notice was given as required by law and all procedures before the City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 RAVEN HILL 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 RAVEN HILL 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Applicant shall adopt Covenants, Conditions and Restrictions as a condition of annexation and they shall require a mandatory homeowners association which can FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 RAVEN HILL assess dues and fees. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that a house size of 1,500 square feet must be met as has been required in other subdivisions in this area. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 RAVEN HILL • 0 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall not be annexed or shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) MOTION: APPROVED: �V- FINDINGS OF FACT AND CONCLUSIONS OF LAW RAVEN HILL VOTED VOTED VOTED VOTED VOTED DISAPPROVED: Page 13 DECISION The Meridian City Council hereby decides that the property be annexed and zoned as requested if the Applicant meets the conditions set forth in these Findings of Fact and Conclusions of Law, specifically including the adoption of a home owners association with mandatory dues, that the Applicant and owners are specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements�,�anc�enter into the required development agreement, ander h f i°f the conditions are not met that the property not be annexed or if these conditions are not met that the land be de - annexed. Phat nannexation ordinance shall be prepared or adopted until the Applicant submits the development agreement referenced above MOTION: v APPROVED: F-'� DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 RAVEN HILL a1 MERIDIAN CITY COUNCIL MEETING: MAY 5. 1998 APPLICANT: ALLAN T. CHANDLER ITEM NUMBER: 5 REQUEST: AMEND DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION PHASE 2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/21/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING RAVEN HILL - ALLAN CHANDLER ANNEXATION AND ZONING NW 1/4 OF SECTION 20, T.3N., R.lE. RAVEN HILL SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on September 13, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his engineer, Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW RAVEN HILL Page 1 • 0 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is 19.57 acres in size; it is located approximately a half mile south of Overland on the east side of Locust Grove Road; that the adjacent property to the East is the Sun Dance Subdivision; that to the South is Los Alamitos Subdivision; that to the North is Rim View Subdivision. 3. That Jim Merkle stated that it is south of Overland Road, it is near Los Alamitos and Sundance Subdivisions with access to them, that sewer and water would come from Locust Grove Road Cee' ,r -seep ' )enough to go under the Nine Mile Drain, that a computer water analysis was needed, the pressurized irrigation would be installed and maintained by the Nampa & Meridian Irrigation District, that the property is next to Rim View Acres and its large lots would provide a buffer, that there will be a two car garage requirement, and the development would be for 63 single family lots with a density of about 3.2 lots per acre. 4. That the property is presently zoned R -T (Rural Transitional) and R-1 (Estate Residential) in Ada County; that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 5. That the type of development if for single family dwelling units; that the minimum square footage per lot if 8,000 square feet; that the minimum square footage per structure was stated to be 1,400 square feet; that the value will range between FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 RAVEN HILL • $100,000 to $150,000.00; that the subdivisions in the area have at least a minimum house size of 1,500 square feet. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of record of the property. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. That there were two people testifying at the hearing, other than the Applicant's engineer; that Fred Steinbroner, Sr., a resident in Rim View Subdivision, testified that he wanted a wood fence between his property and the subject property built before construction; that the trees that are along the boundary between his land and the Applicant's should be left to his side of the fence; that he had a question on the easement for utilities; that he wanted the trees on the land to remain. 11. That Fred Steinbroner, Jr. testified that he had no objection to the subdivision but does not like what is being done there; that the trees would be a natural barrier and any fence should be built on the Applicant's side of the property; that there should be buffering to protect the subdivision; and that he would accept the trees as a transitional buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 RAVEN HILL 0 • 12. The Ada County Highway District, the Nampa Meridian Irrigation District, City Engineer, City Planning Director, Idaho Power, U. S. West, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are incorporated herein as if set forth in full. 13. The City Engineer, Gary Smith, submitted comments and amongst others he stated that the seasonal high ground water elevation and the profile of the sub -surface conditions need to be determined, that existing ditches need to be tiled, and that all domestic wells and/or septic systems will have to be removed except that well may be used for non-domestic purposes. 14. That the Planning director submitted comments, some of which were similar to those of the City Engineer, but also that a development agreement was required as a condition of annexation, that a non-combustible fence was required along Nine Mile Drain outside of the Nampa & Meridian easement, that the rural residential parcels in Rim View acres need to be buffered Hunter Lateral needs to be tiled, that Applicant needs to coordinate with Sundance Subdivision for stub streets. 15. The Meridian School District's comment on this annexation request was that the subdivision proposed for the land would cause increased over -crowding in all three schools, that Mary McPherson Elementary is at 101% capacity, Meridian Middle School is at 130% capacity and Meridian High School is at 112% of capacity; that before the District could support this subdivision, land needs to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 RAVEN HILL • 0 be dedicated to the district or at least made available and that another bond issue for the construction of schools needs to be passed. 16. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 17. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 18. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 19. That the property can be physically serviced with City water and sewer via mains currently being installed in S. Locust Grove Road, as part of Sportsman Pointe No. 4 Subdivision. 20. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 RAVEN HILL 0 feet to be included, in houses in that zone, but the subdivisions in the area have been required to have a minimum of 1,500 square feet as a condition of annexation. 21. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, town houses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 23. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 24. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, town houses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 RAVEN HILL 25. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue. 26. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 27. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 RAVEN HILL • • residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 28. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 29. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 31. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 32. That Section 11-9-605 K states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 RAVEN HILL "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 33. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City. Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 34. That proper notice was given as required by law and all procedures before the City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 RAVEN HILL • 0 been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the. Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 RAVEN HILL legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, 'as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping and maintenance thereof, by a mandatory home owners association FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 RAVEN HILL rather than the individual lot owners. The Applicant shall adopt Covenants, Conditions and Restrictions as a condition of annexation and they shall require a mandatory homeowners association which can assess dues and fees. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and these Findings and Conclusion shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained; that a house size of 1,500 square feet must be met as has been required in other FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 RAVEN HILL subdivisions in this area. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall not be annexed or shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) MOTION:. APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW RAVEN HILL VOTED VOTED VOTED VOTED VOTED DISAPPROVED: Page 13 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property be annexed and zoned as requested if the Applicant meets the conditions set forth in these Findings of Fact and Conclusions of Law, specifically including the adoption of a home owners association with mandatory dues, that the Applicant and owners are specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements, and enter into the required development agreement, and that if the conditions are not met that the property not be annexed or if these conditions are not met that the land be de - annexed. That no annexation ordinance shall be prepared or adopted until the Applicant submits the development agreement referenced above. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW/FIRELIGHT EST. PAGE 14 • 0 Meridian Planning & Zoning Commission September 13, 1994 Page 37 which is Harbor Point and the main collector entrance into the subdivision. Rountree: I agree with the advantage there but I see the potential for better access through this section that is also a traffic generator. Sale: We expect the streets in this project to be subject to speeding because of the long lineal design but you can't have otherwise and still work around the golf course. And we all want the golf course. We will hope to work things out so that we can minimize the number of phone calls we get in the future. Any other questions? Johnson: Any other questions of Mr. Sale? Thanks Larry, our public hearing has been close are you ready for the discussion? We need some action. Shearer: We need findings of fact on this? I move we have the Attorney prepare findings of fact and conclusions of law on this conditional use. Rountree: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law with respect to the conditional use permit for Ashford Greens Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: Johnson: Is Mr. Chandler's representative here? Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Chairman, members of the Commission, I am here this evening on behalf of the applicant Raven Hill Partnership and Allan Chandler who is also here this evening. This application is for annexation with R-4 zoning on approximately 19.6 acres and preliminary plat approval for 63 single family lots. This results in a density of about 3.2 lots per acre. The project is located, I think there is a vicinity map in your packet about a half mile south of Overland on the east side of Locust Grove Road. To the north of us in this vicinity is the Rim View Subdivision which there are about 4 or 5 1 acre lots on the south side of Charolais Drive (inaudible). There are a couple parcels to the west of this, this is the Nine Mile Drain on the west side of the property, the Hunter Lateral on the east side of the property. To the South of us is the Los Alamitos preliminary plat which I am not sure Meridian Planning & Zoning Commission September 13, 1994 Page 38 what stage of the process that is in. To the east of us is the Sundance 'Preliminary plat which has been before you and I think will be before you again. The applicant is proposing home sizes with a minimum of 1400 square foot as was typical for the adjacent subdivision and their approval. Access to the subdivision will be from Locust Grove Road, there is one (inaudible) of property that comes out and accesses this whole piece. However in addition to that we are providing access to the south to the Los Alamitos and to the east to Sundance Subdivision. Those exact, since this is the preliminary stage, I am pretty sure these will line up exactly but obviously further into the final design we will make sure that they do line up exactly. The streets as is typical will be constructed to the Highway District's standards, the interior streets with 50 foot of right of way, 37 foot wide streets curb to curb and 5 foot sidewalks as is standard in the City of Meridian. Sewer for the project will be extended from the existing trunk in Locust Grove Road in our access street and is deep enough to get under the Nine Mile Drain by a gravity and we will provide sewer service to the entire subdivision. Sewer service doesn't need to stub anything further than our subdivision proposal. This proposal will sewer out that way, Sundance will sewer out to the north. Water service to the subdivision will also be extended in from Locust Grove Road and will be stubbed to connect into the existing or the future subdivisions to the east and south of us. Also as was stated in Gary Smith's comments his approval of the subdivision obviously will be contingent upon a satisfactory result from their City Engineer's water model and he did state that in the comments and we acknowledge that. Pressurized irrigation will be provided to the lots from the existing Hunter Lateral to the east of us provides the irrigation now and that will be used for the pressurized irrigation system and most likely that system will be maintained by the Nampa Meridian. Right now I would like to address the City Engineer's and the City Planning and Zoning Administrator's comments. I provided to both Gary and Shari a written response to their comments. However, I would like to point out on Gary's his number 5 comment regarding this particular lot right here. Originally this was 2 pieces of ground separated roughly in the middle, this was access to the north, there was an old house that has not been lived in for I don't know how long. And then this piece accessed this, this is wide enough to provide our access, this is basically useless to the plat however we are platting it along with the subdivision and it will remain in ownership of the developer and he will be responsible for the maintenance and the liability. It is useless to the subdivision it is just one of those facts of life with a piece of property like this. We don't want it to be with the homeowners association because they are not going to use it for anything and I would guess that eventually (End of Tape) it will go to one of these 2 parties, I would hope. Also, Gary's comment #9 regarding the flood plain boundary for Nine Mile, my research on the most recent FEMA Map shows that the floodway and flood plain for Nine Mile Drain ends at Locust Grove, there is no designated Floodway or Flood plain east of Locust Grove on Nine Mile Drain so that is not an issue. Shari and her comments, her #4 comment regarding a buffer as is discussed in the comprehensive plan between rural residential existing and new urban density subdivisions. It takes about providing an adequate buffer, Meridian Planning & Zoning Commission September 13, 1994 Page 39 I would just like to state that I feel the area north of us and I will pull out this, I should have had this mounted but I didn't have time. This is the existing subdivision to the north of us which would, I will just set it right here, but you can get the picture. From here to here on our plat is from here to here on that plat. There are 4 lots north of us that but up to our north boundary. Those lots along that area of Rim View Subdivision are 1 acre lots roughly, give or take a few square feet. Right now the existing houses on all of these lots are basically clustered up along Charolais Drive. So basically you don't have a rural residential estate lot with one full acre of landscaping and home. The homes are basically clustered up in the front 8,000 to 10,000 square feet of the lot. And the remainder is just an open pasture area. It is my opinion that the pasture area basically provides us with some sort of a buffer between those residences and us. That would be my position on that particular comment. The pasture along in here, I do have some photos for my sidewalk, the pasture in here is 100 to 120 feet deep to the existing home. And that provides pretty good buffering in my opinion. At this time I would like to answer any questions that the Commission might have. Johnson: I have one little question in here that might just be a typo on #15 on the application C, are garages provided, someone has typed in no. Merkle: I would agree with you Mr. Chairman that is a typo. Johnson: Our ordinance requires 2 car garages. Any questions with Mr. Merkle? Hepper: You stated that house size would be 1400 square feet which is similar to an adjacent subdivision, which adjacent subdivision would that be that has a 1400 square feet? Merkle: Sundance Subdivision preliminary plat, which I know the preliminary plat was approved, there was a variance issue with lot sizes and it will be coming back before the City but it was originally approved with 1400 square foot minimums. Hepper: By Planning and Zoning or by the City? Merkle: I think with the annexation ordinance and the findings required 1400 square foot minimums by Council, Mr. Crookston may correct me if I am wrong. Hepper: I was at one of the meetings where they suggested it. Crookston: I don't recall. Hepper: I believe the preliminary plat was approved with 1500 square feet. • Meridian Planning & Zoning Commission September 13, 1994 Page 40 Crookston: Los Alamitos? Hepper: No, Sundance s Merkle: That may be true, I don't' want to state one way or the other for sure. But in Shari's comments she has that we will provide on the plat a. minimum of 1400 square foot and we are in agreement with her comment. Hepper: Yes, but I am not. I believe every subdivision south of the freeway is at 1500 square feet because when Sundance Subdivision was approved, and I consulted with Will Berg and we pulled out every subdivision south of the freeway and everyone of them was conditioned upon 1500 square feet or more. Merkle: I think that is true from what I recollect now. Hepper: Los Alamitos, Salmon Rapids, Sportsman Pointe, Hunts Bluff, all those are 1500 square feet or above. And Sundance I believe was conditioned upon the same conditions. So if in deed that is fact I would suggest that this be the same, that if the City Council elects to change that somewhere along the line than this may fall under that category. Johnson: Any other questions or discussion? This is a public hearing, anyone else from the public like to come forward. Fred Steinbroner, Sr., 1835 Charolais Drive, was sworn by the City Attorney. Steinbroner, Sr.: I live in one of the houses just north of this property. Which is the rim View lot which is in Ada County. Raven Hill is going to be just to our south. If I may, you may want to see what the thing looks like. The top pictures are the trees that border the end of our property there against this new project. The middle pictures are a close up of what is going on and the bottom pictures are of the animal life. The bottom ones were taken by the boy at the end of the street. There are hawks, there are birds of prey in those cottonwoods. The cottonwoods are not right in the back of my house, my house is the one where you see the dog and my son out there with the shovel. Johnson: I need to tell you that when you submit something to the Commission it becomes property of the commission. Steinbroner, Sr.: Good, the gentleman that just spoke, he said that he thought the buffer was adequate. But I tell you if you look at the pictures you can see that we look out there and you can virtually see forever. I mean you know 5 miles or whatever. Our closet neighbor in that direction was Mr. Allan Chandler, we couldn't hardly see his house it was C� Meridian City Council November 15, 1994 Page 25 Corrie: Thank you Mr. Mayor. Kingsford: Any other questions of staff? C] Tolsma: (Inaudible) dead end subdivision, are we going to require a turn around at the end of this thing until such time as it is developed at the farthest east street that goes north? (Discussion Inaudible) Kingsford: Any other, I would assume that there will be another turn around on that north one too. Any other questions of staff Council? What is your pleasure? Morrow: Mr. Mayor, I would move that we approve the preliminary plat subject to staff conditions and acceptable CC&R's prior to the final plat. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the preliminary plat for Layne Industrial Park conditioned upon staff approval and approval of CC&R's submission and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Mayor and members of the Council, I am here this evening on behalf of the applicant Raven Hill Partnership. This application is for annexation and R-4 zoning of approximately 19.6 acres of ground with 63 single family lots. It results in a density of about 3.2 lots per acre. The project is located on the east side of Locust Grove approximately 1/2 mile south of Overland. The applicant is proposing single family homes sizes with minimum square footage of 1500 square feet. If I can hold this up, Locust Grove Road is right here, Overland is up this way. Access to the subdivision will be from Locust Grove Road with one main access off of Locust Grove and it will tie into the Los Alamitos subdivision and Sundance Subdivision to the east. The streets within the subdivision will Meridian City Council November 15, 1994 Page 26 be constructed and approved with the Ada County Highway District Standards and the City of Meridian's typical 5 foot sidewalks requirements. Sewer and water will be extended from existing City facilities, the sewer and water both in Locust Grove will be brought into the property. The sewer brought into the property will only service this 20 acres to the south, it services out this way into the east and services up to the north. The water will also be brought in from Locust Grove and will be tied into those 2 subdivision to the east and to the south. The applicant is proposing pressurized irrigation which will probably be maintained by the Nampa Meridian Irrigation District as is what we are trying to get into now. Regarding the City Engineers and Shari's comments, I have presented them with a written response to each of their concerns. Basically there are a couple that I would like to address here. One of Gary's is the floodplain or floodway on Nine Mile Drain, according to my latest FEMA map there is no designated floodway or floodplain that extends out into the property it is basically within the banks of the drain. However, the crossing that we will be constructing will be sufficient to pass a 100 year design flow through that culvert which I believe was done down here or will be done to the south. There was one other one, Shari's comment #4 regarding a buffer on the north side of the project. This is the Rim Subdivision, Charolais Drive comes in about here, comes down and these are all one acre lots to the north of us. There is about 4 lots I believe along our frontage. The existing homes in the lots are basically up here along Charolais Drive and each of those has 100 to 120 feet of pasture or basically open space between those residences and the property line between the 2. Also there is a substantial grove of trees in through here which we will have to provide perimeter fencing and backyard utilities however, the owner has indicated to me that he is going to try and say everyone of those he possibly can and the fact that he has to put a fence in so we may have a few problems. But the majority of the trees will stay. So in our opinion there is a sufficient buffer between the existing homes up here on Charolais Drive and the subdivision here. One other comment Gary had was this particular flag piece of ground, originally it was 2 pieces of ground split down this piece and this piece. And this was the old access, there used to be a crossing here that provided access into this area. We are platting it as a separate lot and it will be in the ownership and maintenance responsibility of the developer. Basically what his intentions will be to do is eventually get rid of it to somebody here and he will get rid of the crossing. It will be just a vacant piece of ground but it is another one of those pieces that at this point in time there is nothing to do with it. Other than it is a part of the overall parcel. Kingsford: Any questions for Jim? Morrow: Can you review closer again Jim with the dividing of your project and the acre lots to the north. (Inaudible) screening of the fence, would you elaborate on that a little bit please. Merkle: In what regards? Meridian City Council November 15, 1994 Page 27 Morrow: Well, if I understood you correctly there is basically a row of trees now, who's property is that row of trees on? Merkle: The row of trees is basically one the applicant's property on the south side. I have some photos here, if I can show them. (Inaudible) Morrow: And then this on the other this is where the acre lots are. Merkle: (Inaudible) Morrow: You are making provisions to notify the buyers of these residential lots of the agricultural usage there, the rights that those people have that precede. Merkle: That is correct, we have done that in the past in covenants and I am sure we can do that on the face of the plat, we can make sure it is in the covenants to address that. Morrow: There are no guarantees then to us as a city that any of those trees will be saved and subject to his perimeter fencing issue. Merkle: Mr. Morrow, off the top of my head, yes what you are saying is true other than the fact that I don't know if you can put a restrictive covenants on any of those lots to save the trees, the trees are a finite life span, what do you do when they die. All I know is his intentions and we have after the last planning and zoning meeting we went out and staked the property line and met with one or 2 of the property owners that attended that meeting and were concerned with it. And basically pointed out where the utilities would, the fences would go the trees that may or may not be gone but his intention is to save most of them. Morrow: And this separation fence is to be constructed of? Merkle: Well, it is the perimeter fencing required by the city which I would imagine would be a 6 foot wooden fence. Morrow: Question, in the past on agricultural deals have we not required something that was non -burnable from the standpoint that those people burn (inaudible). Kingsford: That has been the case particularly out in that area where it has either been wrought iron or chain link. Merkle: The existing fences along there are rounded pole wood fences, I'm not sure there is a ditch there, but I do understand your point. MERIDIAN CITY DCII, • APRIL 21, 1998 PAGE 14 Rountree: Mr. Mayor, I would move that we approve Ordinance #785 with suspension of rules. Bird: I'll second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve Ordinance #785 with the suspension of rules. Any further discussion? ROLL CALL VOTE: Mr. Bentley — yea, Mr. Rountree — yea, Mr. Bird — yea, Mr. Anderson is absent. MOTION CARRIED: 3 yea's, 1 absent. Corrie: Mr. Berg the City Clerk has said that maybe the boyscouts would like to know what we did here. We did go pretty fast on that, we had quite a few chapters and titles that were no longer of value to the City of Meridian such as checking hotels for outdoor privies and things of that nature. They were put on the books very, very early in the City of Meridian and these are some of the things that were trying to clean up and we just did that by the vote and there was a few things that we did, changes that we didn't want to see changed and so we took those out but that was the jest of the ordinance was just a little bit of a house cleaning there and housekeeping so that's what we did. ITEM #9: RAVEN HILL SUBDIVISION PHASE 2 -AMEND DEVELOPMENT AGREEMENT: Corrie: Counselor, I guess this is a development agreement you have seen. Crookston: I have not reviewed it. Corrie: Okay, any questions by Council? They're asking to amend the development agreement to allow them to fence off the Hunter Lateral and provide assurity to tile it as soon as it can be scheduled with the Meridian -Nampa Irrigation District. Stiles: Mr. Mayor and Council, I thought there would be a representative here from Raven Hill tonight, this situation is the Hunter Lateral that exists out there between Raven Hill Subdivision and the future High School site. They have not tiled, that ditch yet and it's too late to the it and he wishes to proceed with his development however the development agreement states that there will be no certificates of occupancy until all of the improvements are made and that if there ars: any amendments to that development agreement that they had to petition the City Council for approval of that amendment so what they're proposing to do is to go ahead and put the fence up on the easement line and tile it at a later date. MERIDIAN CITY* NCIL • APRIL 21, 1998 PAGE 15 Apparently they have an agreement with Nampa -Meridian Irrigation District to do the labor as long as they supply the materials. I wish there were also a way to amend that development agreement to make it so it's not 40 -foot no man's land full of weeds and that it could be used for some purpose but I'm not really sure what to do but I don't know if Gary has any issues as far as leaving the ditch open, he can address that. Smith: Mayor and Council, I don't have any particular issues leaving the ditch open. I would be curious from the developer as to whether or not. Nampa- . Meridian will be able to tile a ditch this coming fall, it's my understanding and its just a second hand comment that I heard, that Nampa -Meridian's projects are very full for this coming fall and it may be fall of 1999 before the ditch is tiled and I don't know that there is anything that can be done other than what the developers requesting but I'd just like — I think the City should know when this is going to happen, whether it's going to be fall of 1998 or 1999. Second point is I concur whole heartedly with Shari's comment about the gravel alley being constructed and if you've been out to look at Los Alamitos, that's a very good example of what's going to occur down there. It's an unusable, inaccessible piece of ground that serves very little purpose other than its a freeway for the Irrigation District when they desire to access it. Third thing that I wanted to comment on was the pressurized irrigation for this subdivision. As of today, this morning Mayor Corrie and I met with an individual in the Salmon Rapids Subdivision that's having problems with the pressurized system there. That subdivision is part of the pressurized system that serves Los Alamitos, Salmon Rapids and Raven Hill. As of this afternoon when I spoke to a representative at the Irrigation District they have not, they being the developers of Raven Hill, have not been able to energize that irrigation system from the pump station in Los Alamitos and the representative from Nampa -Meridian did not know the problem, all he knows is that they're having problems getting it going and right now Salmon Rapids is without pressurized irrigation, I assume Los Alamitos is in the same situation and what this is going to do is it's going to encourage the residents to connect to the City water for their sprinkler systems because they're not going to let their landscape that they've invested thousands of dollars in dry up and blow away and so it's counterproductive to what the City of Meridian has been trying to do to utilize the surface water for our pressure irrigation systems and a lot of these connections are going to be made without permits, without inspections, without back-flow preventers and it's going to place our system in jeopardy of back-flow so I think it's imperative that Raven Hill Developers if they are the ones responsible to get that pump station going, that they be informed of that and I have not because it was late in the day when Nampa -Meridian got back to me I have not had a chance to talk to Alan Chandler about this situation but there's definitely a problem there. Bentley: Then I would trust that the problem is being addressed and that our fine gentleman over there at Salmon Rapids isn't proceeding and farther? MERIDIAN CITY• NCEL • APRIL 21, 1998 PAGE 16 Smith: It's my understanding that the approval of the subdivision was based on certain things being done and I guess at this point if they don't have a pressurized irrigation system that is functional then the subdivision will not be accepted by the City of Meridian. Now building permits have been issued. Bentley: Then maybe we need to shut everything off totally over there until this thing gets fixed because now its impacting somebody else outside of that subdivision. Smith: Yeah, it's a system wide deal and I think Nampa -Meridian is willing (end of tape) — some cooperation and maintenance as soon as the developer or developers prove to them that it is. a functioning system. The developers wanted Nampa -Meridian to take the system at the end of last year but they were not able to pressure test the system with the pump station because they ran out of water, they didn't have water in the ditch when they finished their construction so they weren't able to test it. Nampa -Meridian said no we're not going to take ownership of this until it is tested, rightfully so and this spring is a good example of why they didn't do that and its not operating yet according to Bill Hensen at Nampa -Meridian. Bentley: Well Gary why does he need a delay — what was the delay for not getting the tower done on Raven Hill? Smith: I don't know, I don't have an answer to that question, I don't know. Bird: Gary are these the same developers? Smith: No, there are two different developers. Alan Chandler is a developer and he's in a partnership with a guy named Robert Glenn, I believe his name is and they're doing Raven Hill. Goldsmith is a developer of Los Alamitos and Salmon Rapids. Salmon Rapids #4 is the last phase of Salmon Rapids, it's being developed right now. Bird: But it hasn't met the conditions of the development. Smith: It does not have an active pressurized irrigation system, beyond that I don't know— I know it's been installed - Bird: Can't we shut it down if its not up to what it's supposed to be? Smith: Well they're obviously not going to get any occupancy permits for the permits that have been issued, the building permits that have been issued until the subdivision is accepted and the irrigation system of course is one component of that but from — well I don't know how far back, this system has or was going to MERIDIAN CITY *'4CIL • APRIL 21, 1998 PAGE 17 be turned over to Nampa -Meridian and it was not going to be a homeowner system, Nampa -Meridian was going to operate it. We have watched after the installation of the sprinkler system and everything has been installed according to the plans, it just doesn't operate yet, their pump station isn't functioning for one reason or another. I don't know why, Bill Hensen at Nampa -Meridian does not know why other than he got a call at 1:30 this morning that there was water running out of a man hole into the street and they had to go out and shut the or shut the take-out off the down. Bentley: Mr. Mayor, is it proper to just shut down the building permit process too? Smith: I guess I would pass that one off to our legal counsel, I don't know what we can do legally, I don't want to do something that's going to leave us vulnerable to — but yeah, Shari said they do have a development agreement that they've signed and agreed to and so at this point I guess they're in violation of that development agreement. Bentley: So what's the penalty on that? Corrie: Counselor, can you shade some light here? Crookston: I'd have to read the development agreement but I don't think that the City has anything in our ordinances that allows the City to stop development because there is no pressurized irrigation system. Corrie: We can stop the occupancy permit however. Crookston: Right. Rountree: Mr. Mayor, it wouldn't be my intention to penalize anybody but I think we need to get those folks in here and sit down and get this resolved. We've got people that are going to be buying homes out there that are doing to do just what you said Gary that have homes out there now and its not to our benefit to assign blame, we've got to get those folks in here and get it worked out. I would suggest that however we do that that it happens soon, that we get Marty in here and Alan and Gary and Shari and whoever and get out the development agreement and explain to them that it's not acceptable and we've got to get is resolved. I don't know that we need a heavy hand here I think we just need to know it's a problem. Bentley: Mr. Mayor, we danced with this guy last year on problems over there and I thought that Counsel made it very clear to his attorney that they need to get their act cleaned up and evidently one of them didn't understand it. MERIDIAN CITY q* XCIL, APRIL 21, 1998 PAGE 18 Rountree: I suspect that we'll continue to have those kinds of issues but we've got to get them together and get it resolved. Bentley: So where do we go on this one? Rountree: As far as this request goes I'd move to table it until those folks want to come here and talk to us about it in the meantime I will move that we table this item #9 until such time as the developer comes in and speaks to the Council or resolves the issue with a meeting with the City staff and the appropriate Council members. Corrie: Do you want to give it a month or do you want to give them — Rountree: I'd table it until May 5th. Corrie: Okay is the date the 5th or the 19th? Fifth? Okay, is there a second to that motion? Bird: Second. Corrie: Motion made by Mr. -Rountree second by Mr. Bird that we table this agenda item #9 until May 5th. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Shari will you get everybody together and let's have a meeting date as quickly as possible and we'll sit down and talk to everybody. I think Gary's already contacted Marty's phone number — I don't know, that may be awhile — Stiles: Mr. Mayor, would you like that meeting to be primarily set up with just Gary and his issues — I mean I don't particularly have any issues except that we have a development agreement — Corrie: You don't — okay, then let me swith here and Gary would you Stiles: I mean I'd be glad to set up the meeting but I just don't think I need to be there or Council for that matter. Corrie: Yeah, you're right. Gary would you set us up a meeting that we can talk and we'll have a meeting — anybody in the Council that would like to be there — Keith? Keith we'll give you the time on that and we'll — thank you. ITEM #10: STREETLIGHT AGREEMENT: ASHFORD GREENS SUBDIVISION NO. 2: Meridian Planning & Zoning Commission September 13, 1994 Page 37 which is Harbor Point and the main collector entrance into the subdivision. Rountree: I agree with the advantage there but I see the potential for better access through this section that is also a traffic generator. Sale: We expect the streets in this project to be subject to speeding because of the long lineal design but you can't have otherwise and still work around the golf course. And we all want the golf course. We will hope to work things out so that we can minimize the number of phone calls we get in the future. Any other questions? Johnson: Any other questions of Mr. Sale? Thanks Larry, our public hearing has been close are you ready for the discussion? We need some action. Shearer: We need findings of fact on this? I move we have the Attorney prepare findings of fact and conclusions of law on this conditional use. Rountree: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law with respect to the conditional use permit for Ashford Greens Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: Johnson: Is Mr. Chandler's representative here? Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Chairman, members of the Commission, I am here this evening on behalf of the applicant Raven Hill Partnership and Allan Chandler who is also here this evening. This application is for annexation with R-4 zoning on approximately 19.6 acres and preliminary plat approval for 63 single family lots. This results in a density of about 3.2 lots per acre. The project is located, I think there is a vicinity map in your packet about a half mile south of Overland on the east side of Locust Grove Road. To the north of us in this vicinity is the Rim View Subdivision which there are about 4 or 5 1 acre lots on the south side of Charolais Drive (inaudible). There are a couple parcels to the west of this, this is the Nine Mile Drain on the west side of the property, the Hunter Lateral on the east side of the property. To the South of us is the Los Alamitos preliminary plat which I am not sure Meridian Planning & Zoning Commission September 13, 1994 Page 38 what stage of the process that is in. To the east of us is the Sundance Preliminary plat which has been before you and I think will be before you again. The applicant is proposing home sizes with a minimum of 1400 square foot as was typical for the adjacent subdivision and their approval. Access to the subdivision will be from Locust Grove Road, there is one (inaudible) of property that comes out and accesses this whole piece. However in addition to that we are providing access to the south to the Los Alamitos and to the east to Sundance Subdivision. Those exact, since this is the preliminary stage, I am pretty sure these will line up exactly but obviously further into the final design we will make sure that they do line up exactly. The streets as is typical will be constructed to the Highway District's standards, the interior streets with 50 foot of right of way, 37 foot wide streets curb to curb and 5 foot sidewalks as is standard in the City of Meridian. Sewer for the project will be extended from the existing trunk in Locust Grove Road in our access street and is deep enough to get under the Nine Mile Drain by a gravity and we will provide sewer service to the entire subdivision. Sewer service doesn't need to stub anything further than our subdivision proposal. This proposal will sewer out that way, Sundance will sewer out to the north. Water service to the subdivision will also be extended in from Locust Grove Road and will be stubbed to connect into the existing or the future subdivisions to the east and south of us. Also as was stated in Gary Smith's comments his approval of the subdivision obviously will be contingent upon a satisfactory result from their City Engineer's water model and he did state that in the comments and we acknowledge that. Pressurized irrigation will be provided to the lots from the existing Hunter Lateral to the east of us provides the irrigation now and that will be used for the pressurized irrigation system and most likely that system will be maintained by the Nampa Meridian. Right now I would like to address the City Engineer's and the City Planning and Zoning Administrator's comments. I provided to both Gary and Shari a written response to their comments. However, I would like to point out on Gary's his number 5 comment regarding this particular lot right here. Originally this was 2 pieces of ground separated roughly in the middle, this was access to the north, there was an old house that has not been lived in for I don't know how long. And then this piece accessed this, this is wide enough to provide our access, this is basically useless to the plat however we are platting it along with the subdivision and it will remain in ownership of the developer and he will be responsible for the maintenance and the liability. It is useless to the subdivision it is just one of those facts of life with a piece of property like this. We don't want it to be with the homeowners association because they are not going to use it for anything and I would guess that eventually (End of Tape) it will go to one of these 2 parties, I would hope. Also, Gary's comment #9 regarding the flood plain boundary for Nine Mile, my research on the most recent FEMA Map shows that the floodway and flood plain for Nine Mile Drain ends at Locust Grove, there is no designated Floodway or Flood plain east of Locust Grove on Nine Mile Drain so that is not an issue. Shari and her comments, her #4 comment regarding a buffer as is discussed in the comprehensive plan between rural residential existing and new urban density subdivisions. It takes about providing an adequate buffer, 0 • Meridian Planning & Zoning Commission September 13, 1994 Page 39 I would just like to state that I feel the area north of us and I will pull out this, I should have had this mounted but I didn't have time. This is the existing subdivision to the north of us Which would, I will just set it right here, but you can get the picture. From here to here on our plat is from here to here on that plat. There are 4 lots north of us that but up to our north boundary. Those lots along that area of Rim View Subdivision are 1 acre lots roughly, give or take a few square feet. Right now the existing houses on all of these lots are basically clustered up along Charolais Drive. So basically you don't have a rural residential estate lot with one full acre of landscaping and home. The homes are basically clustered up in the front 8,000 to 10,000 square feet of the lot. And the remainder is just an open pasture area. It is my opinion that the pasture area basically provides us with some sort of a buffer between those residences and us. That would be my position on that particular comment. The pasture along in here, I do have some photos for my sidewalk, the pasture in here is 100 to 120 feet deep to the existing home. And that provides pretty good buffering in my opinion. At this time I would like to answer any questions that the Commission might have. Johnson: I have one little question in here that might just be a typo on #15 on the application C, are garages provided, someone has typed in no. Merkle: I would agree with you Mr. Chairman that is a typo. Johnson: Our ordinance requires 2 car garages. Any questions with Mr. Merkle? Hepper: You stated that house size would be 1400 square feet which is similar to an adjacent subdivision, which adjacent subdivision would that be that has a 1400 square feet? Merkle: Sundance Subdivision preliminary plat, which I know the preliminary plat was approved, there was a variance issue with lot sizes and it will be coming back before the City but it was originally approved with 1400 square foot minimums. Hepper: By Planning and Zoning or by the City? Merkle: I think with the annexation ordinance and the findings required 1400 square foot minimums by Council, Mr. Crookston may correct me if I am wrong. Hepper: I was at one of the meetings where they suggested it. Crookston: I don't recall. Hepper: I believe the preliminary plat was approved with 1500 square feet. • Meridian Planning & Zoning Commission September 13, 1994 Page 40 Crookston: Los Alamitos? Hepper: No, Sundance • Merkle: That may be true, I don't' want to state one way or the other for sure. But in Shari's comments she has that we will provide on the plat a minimum of 1400 square foot and we are in agreement with her comment. Hepper: Yes, but I am not. I believe every subdivision south of the freeway is at 1500 square feet because when Sundance Subdivision was approved, and I consulted with Will Berg and we pulled out every subdivision south of the freeway and everyone of them was conditioned upon 1500 square feet or more. Merkle: I think that is true from what I recollect now. Hepper: Los Alamitos, Salmon Rapids, Sportsman Pointe, Hunts Bluff, all those are 1500 square feet or above. And Sundance I believe was conditioned upon the same conditions. So if in deed that is fact I would suggest that this be the same, that if the City Council elects to change that somewhere along the line than this may fall under that category. Johnson: Any other questions or discussion? This is a public hearing, anyone else from the public like to come forward. Fred Steinbroner, Sr., 1835 Charolais Drive, was sworn by the City Attorney. Steinbroner, Sr.: I live in one of the houses just north of this property. Which is the rim View lot which is in Ada County. Raven Hill is going to be just to our south. If I may, you may want to see what the thing looks like. The top pictures are the trees that border the end of our property there against this new project. The middle pictures are a close up of what is going on and the bottom pictures are of the animal life. The bottom ones were taken by the boy at the end of the street. There are hawks, there are birds of prey in those cottonwoods. The cottonwoods are not right in the back of my house, my house is the one where you see the dog and my son out there with the shovel. Johnson: I need to tell you that when you submit something to the Commission it becomes property of the commission. Steinbroner, Sr.: Good, the gentleman that just spoke, he said that he thought the buffer was adequate. But I tell you if you look at the pictures you can see that we look out there and you can virtually see forever. I mean you know 5 miles or whatever. Our closet neighbor in that direction was Mr. Allan Chandler, we couldn't hardly see his house it was 0 i Meridian Planning & Zoning Commission September 13, 1994 Page 41 way, it is in the picture someplace. You can see for blocks and blocks. So when we talks about 150 feet as being plenty of buffer I don't really believe that. But basically I am here for 2 reasons, one of them is that I understand that you demand wood fences around these building sites. I would like to say that I would like to see the wooden fence go up before any construction is done for obvious reasons, do I have to state them I don't' think so. And we would like to know where this fence is going to be really. As you can is it going to be up next to the trees, will it be beyond the trees. It is my understanding that there is an easement of 10 feet, the City Engineer says that in this easement is going to be underground utilities. Are they going to take the end of the lot where the trees are and are they going to hack the trees down and put these utilities where the trees are or is it going to start as the engineer says starting from the drip line of the trees. In other words are they going to leave these trees there. We are not talking about just trees, we are talking about something that has squirrels in, they have the peacock as you can see lives in one of those trees in the cottonwoods up there. Frankly I don't like the peacock he eats all the cat food he drives us crazy but he comes for dinner and lunch. But still he is there and we've got horses. The property that this is being built on had horses, it had pigs, never complained a bit because there is enough property over there for everybody. Now all of the sudden somebody is going to crowd in here and we would like to know and my neighbors are concerned also and we would like to know what is going to happen. I read the plan, it addresses taking down the present structures and such but it doesn't mention anything about the trees. And I would like to see the trees, which by the way I have checked the old post marks and it looks like our fence is, it is our fence, is 12 to 18 inches inside of our property line. We have enough land we are not worried about 12 or 18 inches; but what we are worried about is whether all of the trees and I know that for sure 7 out of the 8 trees that are in the back of my lot I think are on my property and 1 of them may be on the line. The cottonwoods most of the cottonwoods the big tall ones are probably on this piece of property. There are 47 trees all totalled on that land. I would like, #1 is not just saying that they are going to put a fence I would like to see it as part of your rule that he has to put the fence up for our peaceful enjoyment, the dust and the noise, etc, and this is probably going to take a year to build. We would like to see the fence put up and we would like to know what is going to happen to the streets and we would like to have the trees remain and if they say. By the way some contractors have a rule of cutting things down and then letting people worry about them later. I think that this thing should be addressed and if we can't get any satisfaction we are going to go to Fish and Game and see what they are going to say. But l don't' think it is necessary if you will make the rule that they should stay. Alidjani: Are those trees on your property, his property or on a ditch for fish and game or whoever is responsible for that? Steinbroner, Sr.: They are pretty close to the line, some of them are on both. • 0 Meridian Planning & Zoning Commission September 13, 1994 Page 42 Alidjani: Some of the trees are on your property? Steinbroner, Sr.: Yes, in fact the ones on my property which are the shorter trees, I don't know what kind they are you can judge for yourself if you like. They are shorter than the big tall cottonwoods. The ones that are on my property 7 out of the 8 are for sure on my property. And one of them may be on his property and may be right on the line I am not really sure. So when you are talking about easement are they going to take this easement, that is my question, are they going to take this easement and are they going to run right down under this ground. There is no way you can put a telephone pole down through that thing. There is no way you can dig a ditch and put utilities down that thing. So you are going to have to start, the easement is going to have to start on the drip line of the trees which is approximately on some of the trees it is as much as 8 or 10 feet. It isn't going to interfere with their buildings. If the buildings are 105 foot deep, I should say the property is 105 foot deep, they can sure find something place on there to build and by the way out in that country in the winter time especially there is no body around voices carry. We are talking you can hear somebody talk 4 blocks away, we used to be out in the country and we are not out in the country anymore. Johnson: Any other questions of Mr. Steinbroner? I appreciate your input, unless you have any thing further we'll see if someone else wants to testify. Fred Steinbroner, 1103 Michigan, Boise, was sworn by the City Attorney. Steinbroner: I would just like to make a short statement and say that I really have no objection to the subdivision in the sense that it is just like all the other subdivisions that are being built around there. It is not at all conforming to what is already there and none of these subdivisions are conforming to what is already there, but they are layering. They are saying it is just like the one that is going to be built, whatever I can go on and on complaining about that. Basically is as nice or nicer than the other ones that are around there so in that sense I can't say much about that . I would like to comment on the buffering situation. The trees are the natural buffer between my parents property and the property next door. I just want to make that really clear to everyone here including the developer. That a fence should be built on their side of the trees in all fairness to the existing acre lots, acre homes that are already in existence. It is sort of like the situation where all the people are complaining earlier about the earlier situation, we have our little lane there. We really I think deserve some consideration for our existing little lane. We have 10 acre lots with nice houses, big houses, it is a very nice area. It is already in existence, all of these subdivisions with their postage stamp size lots are crowding in there and swallow us up and completely surround us. Okay so be it that is the real world, we acknowledge that. But we would like to have some buffering, some protection from all of these subdivisions that are going to completely surround us and swallow us up and are Meridian Planning & Zoning Commission September 13, 1994 Page 43 not going to be conforming all to what is already there. All I would like to see done, I think the main thing to make sure there is really firmly done is to protect that subdivision at least if nothing else using the natural trees that are already there. They are beautiful trees, they have birds of prey in them, they have hawks in them, they are fantastic trees. They are really beautiful, they would be, you can see them all the way from the interstate as you drive by. They are a scenic advantage to the City of Meridian for travellers and everyone else. They are huge trees over 50 feet tall, way up in the air. They are beautiful and I would just like to see them remain, there are 47 of them. I don't' think they will interfere with the developer's plans, I don't think they will cost him any money really or anything like that. In fact if anything in the long run it will exchange the value of the whole area. All they have to do is leave the trees there and build the fence on their side of the trees and make the trees a natural buffer. It would sort of make a corridor there, I don't' know, they might even have to change their plat map to show that, maybe, I don't know what the should do but they have to leave the trees there. The trouble is you can't build a fence and still leave the trees there because the fence would have to go right through the trees and it is like a small tiny forest in there. It is a real buffer, a natural buffer. So it is kind of a problem in a sense for them and for everyone. I don't really know exactly what the solution is but you can't build a fence through the trees and so they are going to waste some property I don't' know how they are going to do it but the point is the trees should remain. Whatever it takes to keep the trees there I really feel strongly the trees should remain. It would be a sin to take those trees out of there, absolutely it would be immoral. That is all I have to say. Hepper: Do the trees go all along several lots there or just your lots. Steinbroner: Yes, they go along pretty much the whole length. They are mostly right about in this are right here (inaudible). There is a real natural barrier, (inaudible) it is a sound barrier, dust barrier, wind barrier. (Inaudible) really beautiful. Hepper: Shari Stiles the Planning and Zoning Administrator stated that the plat should be redesigned to show transitional buffering between your property and their property. Steinbroner: I would like to see that done. Hepper: Do you think something can be worked out where if they would leave the trees you would accept that as the transitional buffering. Steinbroner: That is what I am saying, the trees are the natural buffering. We can talk about the back of the lot, a whole lot of buffering, the trees are a natural beautiful buffer. Hepper: You would rather see the trees than a berm? Maybe a berm with some shrubs Meridian Planning & Zoning Commission September 13, 1994 Page 44 on it or something like that. You would rather see the trees than that. Steinbroner: Yes, by far, I think it would be nice if they built a berm and left the trees and built something really nice in that area. Let me go on for just a minute, all of these developers are coming in there they are throwing these housing tracts in there just like cord wood, you know it we see it. There are no parks being allowed for it, there is nothing being allowed for it. Where are the cars going to go to come out of all of these tracts. You have narrow 2 lane streets on Locust Grove and South Overland. There is no way, these developers let's face it they are walking away with millions of bucks on this and the City or someone is going to have to pay to develop all of these roads and make 4 lane highways out of boulevards. There is no way all of those people are going to be able to get out on Locust Grove and out on Overland, not a chance. If you really look at the situation, if you go over there and look at it, it is already crowded. They are going to build hundreds and hundreds of these housing tracts, how are they going to get on the interstate. It is going to be gridlock every morning, it is already heavy traffic. It is not going to work out, you are going to have to within the next, immediately I am talking about when these tracts are done you are going to have to have 4 lane streets there. That isn't going to work out, I mean there are all kinds of considerations here. I think they ought to do more, I think they ought to put a berm there I think the ought to do all kinds of things. I could go on and on, but the point is it is America it is free enterprise it is capitalism they are not doing anything any worse than anybody else who is raping the place. I am just saying please leave the trees if nothing else leave the trees. Johnson: I think we got the point. Steinbroner, Sr.: May I say one thing, it was sort of mis-stated in a way, the trees do not cover all of the houses going across. The house on the very end has no trees at all. I would say that Shari's idea whatever it was means that they would have to put something in this side and something in on this side. Shearer: It looks to me like there is already a fence down through there, why couldn't they put a fence down through there. If there is one now why couldn't one be put in there with the trees for the most part where they are at. (Inaudible) Steinbroner, Sr.: There was one question and that was could we put the fence next to the existing fence. My idea is that the existing fence is 12 to 18 inches inside of our property and if they try to move it out it will be right in the middle of the trees. Which would be a problem, but it needs something, some kind of a plan whatever the plan is. 0 • Meridian Planning & Zoning Commission September 13, 1994 Page 45 Johnson: Thank you, anyone else from the public, there is no one else here. Would the developer like like to say something? Merkle: I don't think it is Mr. Chandler's intent to cut down any trees. The trees there provide a nice backyard to lots that go along there. I am in agreement to Mr. Steinbroner on that. However, the one point he did make on the fence being on the south side of the trees I would oppose that. We would like to put the fence down the property line and Mr. Chandler could meet with them to discuss where the fence will go and try to minimize, I cant say we won't cut any trees down but we are surly going to try and save as many trees as possible. I mean the cottonwood trees, I am not a botanist or whatever it takes to understand cottonwood trees but the life span on those is 10 to 15 to 20 years on those if that. They send roots and suckers up and basically they are being fed by the irrigation ditch that runs down there. They are nice trees and they are a nice buffer and we are going to try to save as many as possible. I can't say tonight that not one of them will be cut down. Shearer: Have you surveyed the line yet? Merkle: Yes, the line has been surveyed, I don't' have that information with me tonight, but the boundary has been established by our survey department and he may be true about his fence being 18 inches. But we would like to meet with them out there to show them where the property line is and where the fence is being proposed. We don't want to put it on the south side we want to put it on the property line. Johnson: I think the key there is that you volunteered to meet with them and I think that is a good idea. Steinbroner: Well, I still don't think we are making our point here, we are talking about cutting down trees and I just want to stress that we don't' want any of the trees cut down. that are within about 10 feet of the property line. Johnson: We understand that. Steinbroner: I don't think they understand how aggressive we are going to be, how upset we are going to be if any of the trees. Johnson: It seems to me that the solution would be that you just deed him that 18 inches of property where the existing fence is and build a fence right down where that one is. That is only a suggestion. Steinbroner: I don't' know maybe that can be worked out but the point is we don't want • 0 Meridian Planning & Zoning Commission September 13, 1994 Page 46 any of the trees (inaudible). Alidjani: We appreciate your point sir, but still it is his ground. Just don't forget that little point. The man bought the ground and he had a tree on that and if it is his ground and his tree he should be able to do what he wants. On the other hand I appreciate your point that what you are saying is the trees are valuable and beautiful and all of that is granted. Johnson: I see a spirit of cooperation here and I think it can be worked out. Steinbroner: I just wanted to stress that. I would like to recommend that be part of the condition. of the approval of this property that none of the trees within 10 feet of the property be (inaudible). Alidjani: I guess you don't' hear us. Steinbroner: I do hear you, you are saying that this man has the right to do anything he wants with his property I agree. (Discussion Inaudible) Steinbroner: (Inaudible) that does not conforming really to the property that is next to it. You are annexing this property. (Discussion Inaudible) Alidjani: (Inaudible) get together with him and somehow come up with a solution that both parties are happy with. We don't have a chain saw to cut your trees. Steinbroner: He is interested in money so unless you make it a condition (inaudible) Shearer: Those trees are money to him too. It makes it a lot more valuable to have those trees so he is going to consider it. Steinbroner: He is going to consider it, he is a developer and he is interested in money. Shearer: Well if you have one on the property line I don't know what you can do but cut it down. Johnson: Well, developer, profit and money are really not bad words. Steinbroner: No they aren't but I am just saying that he can do it (inaudible) everybody 0 Meridian Planning & Zoning Commission September 13, 1994 Page 47 happy. (inaudible) Johnson: We need to get control here, we need to shut off the public hearing, there is no one else here. I will close the public hearing at this point then. Any discussion or comments. We need to move here. This is a request for annexation and zoning which would require findings of fact and conclusions of law. Shearer: I move we have the attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the annexation for Raven Hill Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Is there any other motions? Rountree: I move that we adjourn. Alidjani: Second Johnson: We have a motion to adjourn and a second, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ORDINANCE NO. 682 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 20, TAN., , R. 1E. , B.M., ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the S 1/2 of the NW 1/4 of Section 20, TAN., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the W 1/4 of Section 20, TAN., R.lE., B.M., Ada County, Idaho from which a brass cap marking the NW corner of said Section 20 bears North 0°34'33" East, 2654.56 feet; thence along the West boundary line of said Section 20 North 0°34'33" East, 60.00 feet; thence leaving said West boundary line North 89°55158" East, 327.98, parallel with the East-West centerline of said Section 20; thence parallel with the West boundary of said Section 20 North 0°34'33" East, 131.43 feet; thence North 89°59133" East, 240.01 feet; thence parallel with the West boundary of said Section 20 North 0°34'33" East, 311.69 feet; thence South 89°59133" West, 21.44 feet; thence North 26°05'27" West, 277.95 feet; thence South 89°59'33" West, 421.80 feet to a point on the West boundary line of said Section 20; thence along said West boundary line North 0°33'34" East, 23.35 feet; ANNEXATION ORDINANCE - RAVEN HILL Page 1 0 • thence leaving said West boundary line North 89°59'22" East, 1443.60 feet to a point on the centerline of the Hunter Lateral; thence along the centerline of said Hunter Lateral the following three calls: South 11°33'07" East, 554.27 feet; South 06°06'40" East, 42.59 feet; South 38°29'36" East, 241.86 feet to a point on the East-West centerline of said Section 20; thence along said East-West centerline South 89°55'58" West, 1717.47 feet to the point of beginning, containing 19.57 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled including those that are property boundaries or. only partially located on the property. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and' controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. ANNEXATION ORDINANCE - RAVEN HILL Page 2 Cl r d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance:. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2©f� day of 199 ATTEST: 4G-2�r.. `GJ WILLIAM G. BERG, JR. - TY CLERK ANNEXATION ORDINANCE - RAVEN HILL Page 3 APPROVED: oat MA R -- GRA14T INGSFORD ATTEST: 4G-2�r.. `GJ WILLIAM G. BERG, JR. - TY CLERK ANNEXATION ORDINANCE - RAVEN HILL Page 3 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 20, T.3N., R.lE., B.M., ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 682, b the City Councand Mayor of the City of Meridian, on the 00day of Cel%bP h- 199* as the same appears in my office. DATED this 2c> day of "Aece o�n- "� , 199 . N / • YwCT b/ � 1 � r STATE OF IDAHO,) w County of Ada, ) A City Clerk, City ofZMegKidian Ada County, Idaho On this day of bee -v#., 6 e,- , 199-j/, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. tary Public for Idaho siding at Meridian, Idah Commission Expires D ANNEXATION ORDINANCE - RAVEN HILL Page 4