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Ustick Meadows Subdivision PP6 0 MAYOR COUNCIL MEMBERS REVISED PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION SHOWING THE ACCESS TO FLUENTES PROPERTY, THEY ALSO SAY THEY WILL MODIFY THE ONO COURT CULDESAC TO MEET THE MAXIMUM LENGTH IF NECESSARY: JACK NIEMANN CITY CLERK AMBROSE. FITZGERALD B CROOKSTON ARom"s rid Cd **Wl P.O. Bo. 177 MrMIMn. Id" $3642 T*phg 901"M1 0 , BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF HAXCO, INC. FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 20, at approximately 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, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 20, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 20, 1992, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 AMBROSE. FITZGERALD 6 CROOKSTON Altanlyl and CounxNbn P.O. Box 127 ModdIM, M10o SW2 Tel"hWn BSBINI 0 0 street that ends in a cul-de-sac or dead end shall be no longer than four hundred fifty feet. 4. That the Applicant has requested that he be granted a variance from the above cul-de-sac requirement and be allowed to exceed the maximum length of cul-de-sacs on Ono Court Street in Ustick Meadows Subdivision. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the property is zoned R-4 Residential. 7. That the Applicant states that the special conditions and circumstances which are peculiar to the land involved and which are not applicable to other lands in the same district is "The configuration of the property is narrow and long and presents a unique situation when designing a subdivision layout with curilinear streets and lots that are located on a non -continuous street." 8. In answer to the question in the Application form, "Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, . . . in the same district?" the Applicant states as follows: "This particular variance request has been granted in the past and can be mitigated by installing a fire hydrant at the end of the cul-de-sac." 9. That the Applicant owns the property. 10. That no people appeared at the hearing objecting to the variance application, that the Meridian Fire Department objected FINDINGS OF FACT S CONCLUSIONS OF LAW - Page 2 AMBROSE, FITZGERALD &CROOKSTON Atloffw" nd coon,obn V.O. Box 427 MxldUn, MAM B9M2 TNsph1 908-4461 0 0 to the length of the cul-de-sac. 11. That the City Engineer, Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department comments, if any, are incorporated herein. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A of the Zoning Ordinance is noted which is pertinent tc Application: 11-9-612 A. 1. PURPOSE FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 1., the AMBROSE, FITZGERALD B CROOKSTON Attomays end CmI."Im P.O. Boa 437 MaddIM. IdsBo BBB42 T*Who BBB44181 The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2. , FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a specific benefit or FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 AMBROSE. FITZGERALD &CROOKSTON Anpn yemd cftn wn F.O. Box 427 WIM2 0 0 profit, economic gain or convenience to the Applicant in that the street to be constructed was not in existence at the time that he purchased the property and the design of the subdivision was totally within the control of the Applicant; that the failure to meet the cul-de-sac maximum length was self-inflicted; that it would not be in the best interest of the City to grant the variance. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the cul-de-sac street Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the cul-de-sac street Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted. C. That the granting of a variance would be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would have the effect of altering the interests and purposes of the cul-de-sac Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be denied. 10. That the Applicant's engineer stated that it may be possible to shorten the cul-de-sac to meet the maximum length and such would be preferable. 11. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 AMBROSE, FITZGERALD &CROOKSTON AIIorneys YM Coun"on P.O. Box 42T M6Rd16n, Idaho WS42 ToMph 1 868461 n u each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application should not be denied as to the cul-de-sac on Ono Court Street. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 'Ale f9 HUBBL'PENGINEERING, INC. • '' 9550 Bethel Court • Boise, Idaho 83709 r / P T.b O S. TRANSMITTAL LETTER DATE: O To: ljt� 0 Attn: tiff I (208) 322-8992 • Fax (208) 378-0329 2 �1- Job No.: Project: O�S WE ARE SENDING YOU: As Requested Attached _Under Separate Cover, Via FOR YOUR: Use _ RQsord _ Information Review and Comment _ Bidding _ Cost Estimating 7FO LOWING:—nts _ Plans Specifications _ Shop Drawings _ Samples Copy of Letter Copies Date Sheet No. Description REMARKS: ISZ� Copy To: _ With Encl. _ With Encl. With Encl. By: Signed: I I� I -�% Thomas Chandler Lee B. Dillion Kathleen P. Allyn Russell A. Comstock Allan R. Bosch C. A. Daw Robert A. Wreggelsworth Meridian City Council Meridian, Idaho 83642 E CHANDLER, DILLION CHARTERED Attorneys October 20, 1992 E & ALLYN Re: Ustick Meadows Subdivision - Preliminary Plat CDA File No. 1250-RE01 Dear Council Members: 325 West Idaho Street Boise, Idaho 83702-6040 Telephone (208) 3448990 Telecopier (208) 3449140 Chandler, Dillion & Allyn, Chartered represents Diamondhead Development, Inc., CDiamondhead') the purchaser of Ustick Meadows Subdivision. On September 8, 1992, the Meridian Planning and Zoning Commission recommended to City Council approval of the preliminary plat for the Ustick Meadows Subdivision, subject to various conditions including the condition that Diamondhead provide an access easement across Diamondhead's property for a neighboring property owner, Mr. Charles Fuentes. At present, is appears that Mr. Fuentes does not have recorded access to his property. As such, Mr. Fuentes is currently unable to finance a sale of his house through conventional loan sources (that require evidence of record access as part of the loan documentation). The only physical access is by way of a dirt road that runs north from Mr. Fuentes property and along the eastern edge of the Diamondhead property. Diamondhead is willing to provide both physical and record access to Mr. Fuentes. However, we are concerned that the access not be located along the existing farm service road. Location of the access along such road would result in () a number of lots with double frontage, and (i) other design and circulation problems. Instead, we are requesting that the required access be provided from Mr. Fuentes property into the road system designed for the subdivision. This could be accomplished by simply eliminating one of the proposed lots and substituting instead the appropriate access driveway. In addition, we would agree that Mr. Fuentes could continue the permissive use of the dirt road until such time as alternative access could be provided. We appreciate your consideration of our request. Sincerely, CHANDLER, DILLION & ALLYN, CHARTERED By:�\ Lee B. Dillion PRELIMINARY PLAT USTICK MEADOWS SUBDIVISION COMMENTS 1: Ada County Highway Dist: Item deferred to submit redesigned project: 2: Central District Health: Can approve with central water & sewer: 3: Nanpa Meridian Irrigation: See Attached: 4: Settlers Irrigation: See attached letter: 5: Meridian School District: See attached letter: 6: Idaho Pacer & U.S. West: Need required easements: 7: City Engineer; See attached comments: 8: Fire Dept: Until entire subdivision is built we have only one access to this subdivision, ONO Ct. is over length. 9: Police Dept; Officers needed. 10: PUBLIC HEARING HELD BEFORE THE P & Z COMMISSION ON SEPTEMBER 8, 1992, COMMISSION RECMyUNDED APPROVAL BY THE CITY COUNCIL PROVIDED THE CONDITIONS W/RESPECT TO THE SETTLERS CANAL IRRIGATION, THE ACCESS TO THE FUENTES PROPERTY AND A SPECIFIC DECISION AND INFORMATION PROVIDED TO THE CITY ON COMMON AREA: WITHOUT RESOLUTION OF THOSE AREAS WOULD RECOn4END IT BE DENIED AT THIS POINT. 11: COMMENTS FROM HIGHWAY DISTRICT NOW ATTACHED: 112: LETTER FROM BUREAU OF RECLAMATION ATTACHED: _?1M4a1. .• • � � • r• �. .� lay �• `�i• •7 +- cry • (zp H N U1 I I I I I I (N I I� I� I" I� �❑ I (� IO v y 15a r O ooC HE y r y 1 ty? a� o vai '0H N ' a g o " H �i ro o d mm m K N N y (�] t" C N H r trC1 Z HU C*J N •O C" a � 9� CA N N w r% r v a N v N H �o K p7 N2 m rt ' r .c tQ N H v Hyz. y z H �3�y ro£ N55 -- °-•Jmo H S��szjl m Hr tC O O t ~ �F �m»mc v �o�mm n W C r,0 z NC N a•c Amro �,� CC p x �cn K b m m m co t" tr VV11 WW Zw O FFii S cli Vj to _ t' S - _a f a ',bp �• �hy7 w oN Lq C.O N U7 G i] z Lam] En •• A $r NN �c'r z�r vci w C • • SUPERINTENDENT OF SCHOOLS Dr. Nick Hallett DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 153642 • PHONE (208) 888.8701 August 18, 1992 Meridian City Council 33 E. Idaho Meridian, Idaho 83642 Re: Ustick Meadows Subdivision Dear Councilmen: I have reviewed the preliminary plans for Ustick Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask you support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, Gbm *� Dan Mabe, Deputy Superintendent DM: gr • MEMORANDUM 0 September 3, 1992 TO: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM: GARY SMITH, P.E. RE: USTICK MEADOWS SUBD ISION (Preliminary Plat) I have reviewed this submittal and respectfully present the following comments for your consideration as conditions of the applicant during the hearing process: 1. Does the lack of any stub roads to the subdivision boundary cause any adjacent property to be land locked for access? 2. Are there any irrigation and/or drainage ditches crossing this property that need to be piped for continuation of historical flows? 3. The contour lines shown have no referenced bench mark and are not labeled. 4. Lots 26 and 42-60 of Block 1 have Nine Mile Creek, an Irrigation District access road and City of Meridian 24 inch diameter interceptor along the back lot line. These lots should have a net 8,000 square feet because the creek -access road and sewer need to be fenced out to maintain access. The easement for Nine Mile Creek and the sewer line need to be shown on this plat. 5. Several lots appear to be less than the minimum required 8,000 square feet size. Block 1 - Lot 29; Block 2 - Lot 55; Block 4 - Lots 8,15,16,19; Block 5 - Lot 35; Block 7 - Lot 4; 6. Investigation needs to be made for sewer service of the property to the east of this proposal to see if service through this subdivision will be necessary. 7. The sewer line serving this property, to the Nine Mile Creek interceptor, will need to be in a graveled, fenced, gated access -way from the interceptor line to the public right of way. 0 a. Some modifications to the Master Plan for fire hydrant and street light locations needs to be made. 9. A Master street drainage plan needs to be developed and submitted for approval. Any impact to an irrigation/drainage district facility must have their approval. 10. A vicinity map extending 1/2 mile in all directions from the preliminary plat needs to be submitted. 11. The roadway widths and culdesac diameters need to be shown along with adjacent streets. 12. Sewer and water line locations are: Sewer corridor — 10 feet south and west and 5 feet north and east of street centerline. Water centerline — 12 feet north and east of street centerline. 13. The requested corrections to this submittal need to be made and a revised drawing submitted. CHARLES L WINDER. President JAMES E. BRUCE. Vice President GLENN J. RHODES. Secretary TO: ACHD Commission FROM: Development Services 10 INTER -DEPARTMENT CORRESPONDENCE VSTICK.MDW/DS'r ECH if -3-91. DATE: August 26, 1992 SUBJECT: PRELIMINARY PLAT - USTICK MEADOWS SUBDIVISION (Haxco, Inc., 429 Waiakamilo Rd., Ste. 8, Honolulu, HA 95817) FACTS & FINDINGS: 1. Ustick Meadows is a 245 -lot single family residential subdivision located on the south side of Ustick Road one-quarter to one-half mile east of Ten Mile Road; 11,280 -feet of new public streets are planned. Ustick Road is designated a minor arterial street on the 2010 Urban Functional Street Classification Map requiring a minimum 90 -foot right- of-way. The District is considering eventual construction of a 52 -foot street section with 4 traffic lanes in this area; therefore the required right-of-way should be aquired now to avoid having to relocate fences and berms later. In the interim, the developer will be required to improve the existing roadway section to three 12 -foot traffic lanes, 5 -foot shoulders, and 5 -foot sidewalks. The road currently has 50 -feet of right-of-way and 'is improved with 24 -feet of paving. This development is of sufficient size to require additional traffic flow information in the form of a traffic impact study in accordance with recently adopted policy (8-20-92). The proposed plat shows that Leann Way will be extended from the south through the development as a spine road with 60 -feet of right-of- way, a 41 -foot street section and numerous lots taking direct lot ac- cess. District Policy discourages direct lot access to collector roads and staff recommends that that policy be strictly enforced due to the size of this development. Staff also recommends that the street be arranged in a discontinuous manner to discourage motorists from using the street as a short cut route to Cherry Lane via Sunnybrook Farms Subdivision. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT *STICK MEADOWS SUBDIVISIOO August 26, 1992 Page 2 5. Lot 37 of Block 2 is designated for access to the adjacent property to the east, but it is only 20 -feet wide. A standard street stub should be provided to that adjacent property for access. There should be stub streets to the west boundary in the vicinity of Lot 49 of Block 2 and Lot 27 of Block 2. 6. There may be eligibility for offsets against impact fees or compensation for dedication of right-of-way or construction of system improvements in accordance with ACH D Ordinance #184. A person seeking offsets must submit an application to the impact fee administrator prior to breaking ground in accordance with Section 12 of the above -referenced ordinance. 7. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on September 8, 1992. SITE SPECIFIC REQUIREMENTS: 1. Provide a traffic impact study detailing the effect of this development of the surrounding street system. 2. Provide a master drainage plan and phasing plan. 3. Dedicate 45 -feet of right-of-way from the centerline of Ustick abutting parcel (20 additional feet). 4. Provide pavement widening on Ustick for three 12 -foot traffic lanes with 5 -foot shoulders. 5. Provide 5 -foot wide concrete sidewalk next to the the new property line along Ustick abutting parcel. 6. Direct lot or parcel access to Ustick is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 7. Provide a stub street to the east for the parcel accessed by Lot 37 Block 2. Also provide for two additional local street stub -outs to the east boundary. 8. Provide for a discontinuous layout for Leann Way. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. PRELIMINARY PLAT August 26, 1992 Page 3 .STICK MEADOWS SUBDIVISIO• 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. 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. 4. Provide written approval from the appropriate irrigation/ drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall retain all storm water on-site. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLAT August 26, 1992 Page 4 &STICK MEADOWS SUBDIVISICO 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Sale IIKVO n mca�oon,.Qommmm� Propose - t` 1 EL DSTREAM �ADosoODDO:ODD� v �ROGER01 v �mifr'mou aays0000 a�11� � 000000�� lis ' r �o 0000Ano 0 o0Mbtio 0 OOv000v � - n Y NnY v, USTICK MEADOW- 9 �p 0 BUILDER — DEVELOPER — GENERAL CONTRACTOR R E A L E S T A T E — PRO P ERT Y M A N A G E M ENT P. O. Box 327 P. O. Box 873647 4040 East Piedmont Drive Meridian, Idaho 83642 Wosillo, Alaska 99687 Highland, California 92346 Phone (208) 888-1202 Phone (907) 376-6021 Phone (714) 864-1522 October 8, 1992 Mr. Jack Niemann, City Clerk City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Niemann, I have reviewed the proposed preliminary sub division layout of HAXCO, INC. I have marked on the enclosed copy where I believe there should be two (2) street access points to provide access to the properties to the east for public ingress/egress for water and sewer. Please note the large drainage ditch to the East and North of said property that needs access. I am in hopes that you will take into consideration these comments at the meeting on October 20, 1992 as I will be unable to attend. If you see any problems in this, I would appreciate any correspondance so we can discuss the proposal. Sincerely, A. H. Stubblefield O Stubblefield Companie AHS/gh IN REPLY REFER T0: 424 0 • United States Department of the Interior Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 September 8, 1992 CNK= Subject: Review of Ustick Meadows Subdivision Preliminary Plat (Zoning Review) Dear Meridian Planning & Zoning: Reclamation's Nine Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District, abuts this development on the southwest. The United States' right of way along the Nine Mile Drain by virtue of the Act of Congress of August 30, 1990, was confirmed on December 5, 1915, by landowner Fannie Jones. To fully inform neighboring lot owners of this outstanding right, we request that a condition of plat approval be the United States' easement being drawn on the plat and clearly labeled, "United States Exclusive Nine Mile Drain Right of Way." No storm water runoff discharges to the Nine Mile Drain and other Reclamation facilities can be made without a permit from Reclamation. We anticipate issuing a discharge permit to ACHD upon assurance of BMP water quality and quantity controls. Please contact John Caywood of my staff (ph assistance. Sincerely, rrol d D. Gregg project Superintendent cc: Nampa Meridian Irrigation District 334-1463) if we can be of any SUBDIVISION EVALUATION SHEET Proposed Development Name USTICR MEADOWS SIIB City MERIDIAN Date Reviewed 09/10/92 Preliminary Stage xxxxx Final Engineer/Developer J so e e s 6 Capital DIE 1 The following SUBDIVISION NAME ment is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STAT�DE. / YtOi Coni igl�ok.s (,iioosc RnoWu r n I (/v% ate gyp% The Street name comments listed below are made by the mimbers 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 s eauress al ge r on the let as• "W. UST CK ROAD" "N. LEANN WAY" The followingnew street names o d like ex sting names and cannot be used: " p " "ON " NO" The following vrovosed street names are ZE& not anoroved. Please choose dif e e ames: "PAU" "AHI" "AIM" The following. new street name is anoroved and shall avvear on the Rlat as: "N KILO WAY" 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 NA MB COMMITTEE, Tim OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor Date Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed tttt Sub Index Street Index NUMBERING OF LATS AND BLACKS MERIDIAN CITY COUNCIL NOVEMBER 4 1992 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max Yerrington: Others Present: Frank Thomason, Moe Alidjani, Vernon Barkley, Gene Strate, Wayne S. Forrey, Gary Smith, Wayne Crookston, Norm Williams, Bruce Stuart, Dan Torfin: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 20, 1992: The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting as written: Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS ON VARIANCE REQUEST ON CULDESAC LENGTH IN USTICK MEADOWS SUBDIVISION: The Motion was made by Corrie and seconded by Yerrington that the City of Meridian does hereby approve these Findings of Fact and Conclusions. Roll Call Vote: Yerrington — Yea; Giesler — Yea; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Corrie to deny the Variance Request on culdesac length Ustick Meadows Subdivision. Motion Carried: All Yea: ITEM #2_: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION: Dan Torfin, Hubble Engineering. I think that we have some options to comply with the maximum allowed in a culdesac. I will answer any questions that the Council has. Tolsma: You said you can revise that. Torfin: I think we can bring the culdesac in from a side street to comply with the length and then eliminate a stretch in here and put one of the half culdesac's in. The Motion was made by Corrie and seconded by Giesler to approve the Preliminary Plat conditioned upon staff review for the culdesac length and the changes in the plat itself. Motion Carried: All Yea: each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED GIESLER VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application should be denied as to the cul-de-sac on Ono Court Street. APPROVED: AMBROSE, FITZGERALD &CROOKSTON DISAPPROVED: Attorneys and FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 Counssbn P.O. Boz 427 Meddlsn, Idaho &7042 MERIDIAN CITY COUNCIL OCTOBER 20 1992 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max Yerrington: Others Present: Ray Wilder, Charles Fuentes, Marla Fuentes, Frank Thomason, Bill Hammons, Gary Smith, Jim Johnson, Bill Musser, Wayne Crookston, Keith Loveless, Jim Merkle, Dan Torfin, Walt Morrow, Larry Sales, Terry Little: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 6, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held October 6, 1992 -- as written: Motion Carried: All yea: ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION; W/VARIANCE ON CULDESAC LENGTH: Kingsford: I will now open the public hearing and invite a representative to speak first. Jim Merkle, 2150 N. Canter Place, Eagle, was sworn by the attorney. Merkle: Ustick Meadows Subdivision is a 238 lot single family development on approximately 73 acres on Ustick Road. The primary access for the proposed subdivision will be through Ustick Road with two accesses coming up from Chateau Drive from the south. All the streets in the subdivision will be public and built to ACHD Specifications. ACHD has required and request that Leann Street, which is the main one that came through here, originally we had it shown to continue all the way through, what they requested we do is to separate it so we don't have this through pattern from Ustick down into the existing Sunnybrook Farms Subdivision. The culdesac is approximately 480 feet long and a variance is being requested to allow the culdesac to exceed the maximum allowable length. Explained utilities available for this project. Any additional drainage from the subdivision will be retained on site and the pre—development flow will be deposited into Nine Mile Creek. We are working with Nampa Meridian on getting all their requirements on that issue. One other issue is the access to an existing parcel. Passed out a letter to Council Members regarding this issue. What the developer is proposing is to provide this particular property owner with access through one MERIDIAN CITY COUNCIL OCTOBER 20, 1992 PAGE 2 of these lots shown in this area (explained on map). Will not landlock him. We have come up with a one acre park that the homeowners would maintain and own and use as they wish. Another issue was the letters from Settlers Irrigation District requiring that the subdivision utilize existing irrigation provided by Settlers to each of the lots. The developer is going to try to satisfy the Settlers requirements, however he'd like the latitude that if a feasible solution that is compatible with the surrounding farmers so they can still get their water, there seems to some problem with the rotation. If a solution cannot be satisfied with Settlers, we'd like the latitude to deposit money into the well development fund into the City. Kingsford: How do you propose to access those lots when you dead end LeAnn Way there's no way to access?. Well I guess it does. Giesler: The developer would go ahead and put the park in completely? Merkle: Yes. I'm not sure which phase it will be done it. Corrie: How many homes do you think are going to be dumped out onto Chateau with those two exits there? Has there been any traffic study done? Merkle: Yes ACHD has required us to prepare a traffic study, which I believe we've submitted to them. Basically 80 to 90 lots dump on to Chateau. Corrie: Is there any possibility of having accesses into the Candlelight Subdivision? We seem to have quite a quantity of homes coming in but I don't see where we're having the quality of planning a subdivision. (Explained) Is there any possibility that you could have some of these streets connecting to these other subdivisions? I really feel we need a plan that we need to have continuity between these subdivisions. Merkle: At this particular site we have a natural barrier, the Nine Mile Creek which is 30 or 40' wide and about ten feet deep which creates a barrier. (explained further) Kingsford: Is there anyone else who wishes to testify? No response. I will close the public hearing. Giesler: I have another question of the developer, you said the culdesac length was approximately 480 feet. 0 0 MAYOR COUNCIL MEMBERS YMIW' LETTERS IN REGARDS TO THE ACCESS LANE TO THE FUENTES PROPETY: 0 lgax & Bo esigerInc. General Conhador & Developer June 10, 1992 Charles and Marla Fuentes 2415 W. Ustick Meridian, Idaho 83642 Dear Mr. and Mrs. Fuentes, This letter is to advise you that we are of selling our interest in the balance of the project and it is my understanding that these buyers will purchase the Thelma Knapp property 6479 GLENWOOD, SUITE A BOISE, ID 83703 (208) 853.2001 in the process SunnyBrook same to the north. As our discussion entailed about two years ago, we and the Knapps agreed to allow you to use the temporary access until such time as the SunnyBrook project was completed. You agreed to cooperate with us in establishing street locations, sewer and water and possibly making land exchanges in order to have a better and more efficiently designed project. The engineers for the project will be Hubble Engineering, attn: Dan Torfin. Chris Finley of McLeod Real Estate will be handling the transactions with the sellers\buyers. In the meantime if you have any questions please give me a call. Sincerely, Max A. Boesiger, Sr. cc. Chris Finley Dan Torfin SELMONT PA`IZK EAGLE POINTE j o � w .� /�G•.LLwy� La1L! Cwt G � QA pG NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on October 20, 1992, for the purpose of reviewing and considering the Application of HAXCO, INC., for a preliminary plat of the property located generally North of Sunnybrook Farms Subdivision to Ustick Road which parcel was formerly a portion of Sunnybrook Farms, and generally described as the Northwest 1/4, Section 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, for a two hundred forty-five single-family dwelling subdivision to be known as USTICK MEADOWS SUBDIVISION. NOTICE IS HEREBY FURTHER GIVEN that Applicant requests a variance of the Revised and Compiled Ordinances of the City of Meridian from the maximum allowed length of the cul-de-sac shown as Ono Court. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome and invited. DATED thiggdn4 day of September, 1992. AMBROSE. FITZGERALD &CROONBTON Attorneys and Coulleelon P.O. Saw 427 MMMIN,M o 83642 Telephone SM4461 ISMay -I-LJ 1 I ' b � I n V� '_ I• � � � n n n N- �Y~ ©d�m�p M w e6 ®e® a©vooE�:�ommmmm. ©o�peBi� oe ■ -ter►- �-�` OFF Mou olofi�d ►�' 1� � o 1101 a�00 ►1 ���j� � 000 o040i10o I ���� � OWN USTIGK MF-AD0W= M NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on October 20, 1992, for the purpose of reviewing and considering the Application of HAXCO, INC., for a preliminary plat of the property located generally North of Sunnybrook Farms Subdivision to Ustick Road which parcel was formerly a portion of Sunnybrook Farms, and generally described as the Northwest 1/4, Section 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, for a two hundred forty-five single-family dwelling subdivision to be known as USTICK MEADOWS SUBDIVISION. NOTICE IS HEREBY FURTHER GIVEN that Applicant requests a variance of the Revised and Compiled Ordinances of the City of Meridian from the maximum allowed length of the cul-de-sac shown as Ono Court. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome and invited. DATED this��ay of September, 1992. AMBROSE, FITZGERALD a CROOKSTON Attorneys and Counselor P.O. Box 427 Merlolen, Idaho &'!M2 Telephone 8884481 0 0 ** [ 00' 39tid 70101 ** -- ��� Ag, C -;�- F/a Qa.a �4#o I .._. 2� /5 �Ci • Gl��7G�. � 100' 39Hd 10:z 00. 91 U01A 0 4 0 USTICK MEADOWS PROPERTY OWNERS WITHIN 300 FEET NAME Raymond Malone Robert Harmon Gary Hanners CIT Corporation Travis Mills James Aschenbrenner A.H. Stubblefield Vernon Cairns James Tully Willis Nelson John Schafer Ray Wilder Brian Young Young Lands L and R Sales Richard Falk Michael Hendricksen Dennis Lind Bill Baxter Gerald Stacy Rodney Shaul Robert Athay Eric Miner Kelly Way Gene Chantrill Marvin Heschke Sunnybrook Farms Homeowners Association William Mayes ADDRESS 2945 W. Ustick Rd. 2770 N. Ten Mile Rd. 2630 N. Ten Mile Rd. P.O. Box 535246 2800 N. Ten Mile Rd. 2515 W. Ustick Rd. 2258 Bradford 312 S. Columbia Cts. #69 1610 Chateau Drive 10535 Sarnac Drive 520 Sunset Avenue 3340 N. Ten Mile Rd. 2280 W. Ustick Rd. 2420 W. Ustick Rd. P.O. Box 36 7283 Modoc St. 2412 Chateau 2428 Chateau 2380 Leann 2481 Chateau Dr 2287 Leann 2288 Leann 2308 Leann 2318 Leann 2257 Yale #203 2492 W. Chateau Dr. P.O. Box 5714 2540 W. Chateau CITY, STATE Meridian, ID Meridian, ID Meridian, ID Salt Lake City, UT Meridian, ID Meridian, ID Highland, CA Kenniwick, WA Meridian, ID Boise, ID Nampa, ID Meridian, ID Meridian, ID Meridian, ID Caldwell, ID Boise, ID Meridian, ID Meridian, ID Meridian, ID Meridian, ID Meridian, ID Meridian, ID Meridian, ID Meridian, ID Boise, ID Meridian, ID Boise, ID Meridian, ID ZIP CODE 83642 83642 83642 84116 83642 83642 92346 99336 83642 83709 83651 83642 83642 83642 83606 83709 83642 83642 83642 83642 83642 83642 83642 83642 83706 83642 83335 83642 Ralph Smith Bette Lister Bobby Tilton Cesar Gonzolez Alvin Joslyn Phyllis Purvis Terry Sheehan Theodore Broyles Lewis Morris Chris Giorgio Wayne Durham • • 2510 W. Chateau Meridian, ID 83642 2663 W. Chateau Meridian, ID 83642 2221 Todd Way Meridian, ID 83642 2220 Todd Way Meridian, ID 83642 2196 Todd Way Meridian, ID 83642 2217 N. Maxie Meridian, ID 83642 2541 W. Chateau Meridian, ID 83642 2491 W. Chateau Meridian, ID 83642 2511 W. Chateau Meridian, ID 83642 2218 N. Maxie Meridian, ID 83642 2212 Maxie Place Meridian, ID 83642 v&a '00 2:45 . • 41 �ol , JL4UM.j iii-Uni IK ^ -- -- -% 09/08/92 14:55 WFAng urn rc- '0208 378 9713 BOB CSPO 424 Meridian Planning & Zoning Commission C1 of Meridian 33ast Idaho Avenue Meridian ID 83642 September S. 1992 0 Subject: Review of Ustick Meadows Subdivision Preliminary Plat (Zoning Review) Dear Meridian Planning & Zoning: Reclamation's Nine Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District, abuts this development on the southwest. The United States' right of way along the Nine Mile Drain by virtue of the Act of Congress of August 30, 1990, was confirmed on December 5, 1915, by landowner Fannie Jones. To fully inform neighboring lot owners of this outstanding right, we request that a condition of plat approval be the United States' easement being drawn on the plat and clearly labeled, "United States Exclusive Nine Mile Drain Right of Nay." No storm water runoff discharges to the Nine Mile Drain and other Reclamation facilities can be made without a permit from Reclamation. We anticipate issuing a discharge permit to ACHD upon assurance of BMP water quality and Quantity controls. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, j Id D. Sregg (J ject Suparietendent cc: Nampa Meridian Irrigation District BUREAU OF RECLAMATION CENTRAL SNAKE PROMM OFFICE 214 BROADWAY AVENUE BO1SL IDAHO 83fObM 424 Meridian Planning & Zoning Commission C1 of Meridian 33ast Idaho Avenue Meridian ID 83642 September S. 1992 0 Subject: Review of Ustick Meadows Subdivision Preliminary Plat (Zoning Review) Dear Meridian Planning & Zoning: Reclamation's Nine Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District, abuts this development on the southwest. The United States' right of way along the Nine Mile Drain by virtue of the Act of Congress of August 30, 1990, was confirmed on December 5, 1915, by landowner Fannie Jones. To fully inform neighboring lot owners of this outstanding right, we request that a condition of plat approval be the United States' easement being drawn on the plat and clearly labeled, "United States Exclusive Nine Mile Drain Right of Nay." No storm water runoff discharges to the Nine Mile Drain and other Reclamation facilities can be made without a permit from Reclamation. We anticipate issuing a discharge permit to ACHD upon assurance of BMP water quality and Quantity controls. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, j Id D. Sregg (J ject Suparietendent cc: Nampa Meridian Irrigation District MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1992 PAGE 6 0 The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Preliminary Findings of Fact and Conclusions of Law and that the Applicant be specifically required to tile all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Preliminary Findings of Fact and Conclusions and that if the conditions are not met that the property be de -annexed. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer to recommend approval of the preliminary plat. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION: Johnson: I will now open the Public Hearing. Is there anyone who wishes to testify? I will close the public hearing. We will go back to Item #6. I will now reopen the public hearing. Jim Merkle, 2150 N. Canter Place, Eagle, was sworn by the attorney. Merkle: This project is located on the south side of Ustick and laying east of the Nine Mile Creek on the north side of the existing Sunnybrook Farms Subdivision. It is approximately 240 single family residential lots on approximately 73 acres. The density would be about 3.3 units per acre. Explained some changes made per ACRD. There will be a variance request for the one long culdesac. (Further Explanation - see tape) The developer will either deposit monies to the City or provide pressure irrigation it has not been determined yet. Entire project is outside the flood plain. Explained walkways. Johnson: Who would maintain those walkways? Merkle: The homeowners. Johnson: Is that a berm area again on the north? MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1992 PAGE 8 Johnson: The question is about the square footage? Findlay: Between 1200 and 1300 sq. feet. Johnson: What would be a high end in terms of square footage? Findlay: Probably 2600 sq. feet. Johnson: Thank you. Any other questions? No response. Anyone else from the public to testify? Ray Wilder, 3340 N. Ten Mile Rd., was sworn by the attorney. Wilder: There is no way that they can use Settlers water to irrigate 246 or 298 houses because they only have the right to the water about 40 hours every ten days. It's a rotation ditch and the ditch comes back about a half a mile east of there and our water is all banded together on a rotation system. Voiced further concerns about water. Johnson: Thank you. Anyone else to testify? John Schafer, 520 Sunset, Nampa, was sworn by the attorney. Schafer: The concern that I have with the subdivision in comparison to other subdivisions developed in this area is about traffic patterns out of the subdivision onto Ustick Road. Johnson: Thank you. Anyone else to testify? Charles Fuentes, was sworn by the attorney. Fuentes: Owns a piece of property nearby - explained access was given in 1904 when Mr. William Carter bought this property, this section line there was 20 feet traded to access Ustick Road so Mr. Carter could have access to this 40 acres. Explained further - see tape) Presented three sworn affidavits from long time residents of this area (Read one of the affidavits to Commission - see tape). Copies were made and submitted for the record. Discussion. (see tape) Johnson: Thank you. Anyone else to testify? Dennis Lind, 2428 W. Chateau, was sworn by the attorney. MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1992 PAGE 10 stop the processing of the application. Johnson: I think we have an obligation to mention that in our motion. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning recommends approval to the City Council provided the conditions with respect to the Settlers Canal Irrigation, the access to the Fuentes property and a specific decision and information provided to the City on a common area without resolution of those areas I would recommend we deny at this point. Motion Carried: All Yea: Clerk Niemann: The ACHD is having a meeting here at City Hall on Thursday at 7:00 P.M.: The Motion was made by Alidjani adjourn at 8:50 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: and seconded by Rountree to APPROVED: JIM JOHNSON, CHAIRMAN AMBROSE, FITZGERALD B CROOKSTON Attorneys and Counselors P.O. Box 427 Maddlan, Idaho W642 Telaphone8884481 0 0 NOTICE OF HEARING IS HEREBY GIVEN pursuant to the Ordinances of the City of Meriaian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on October 6, 1992, for the purpose of reviewing and considering the Application of HAXCO, INC., for a preliminary plat of the property located generally North of Sunnybrook Farms Subdivision to Ustick Road which parcel was formerly a portion of Sunnybrook Farms, and generally described as the Northwest 1/4, Section 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, for a two hundred forty-five single-family dwelling subdivision to be known as USTICR MEADOWS SUBDIVISION. Public comment is welcome and will be taken and heard. DATED this/ day of PRELIMINARY PLAT USTICK MEADOWS SUBDIVISION COMMENTS 1: Pyla County Highway Dist: Item deferred to sulsait redesigned project: 2: Central District Health: Can approve with central water & sewer: 3: Nampa Meridian Irrigation: See Attached: 4: Settlers Irrigation: See attached letter: 5: Meridian School District: See attached letter: 6: Idaho Power & U.S. West: Need required easements: 7: City Engineer; See attached camients: 8: Fire Dept: Until entire subdivision is built we have only one access to this subdivision, ONO Ct. is over length. 9: Police Dept; Officers needed. 10: PUBLIC HEARING HELD BEFORE THE P & Z CM4ISSION ON SEPTEMBER 8, 1992, CCt*USSION RECa44ENIDED APPROVAL BY THE CITY COUNCIL PROVIDED THE CONDITIONS W/RESPECT TO THE SETTLERS CANAL IRRIGATION, THE ACCESS TO THE FUENTES PROPERTY AND A SPECIFIC DECISION AND INFORMATION PROVIDED TO THE CITY ON CION AREA: WITHOUT RESOLUTION OF THOSE AREAS WOULD RECCWE11ID IT BE DENIED AT THIS POINT. 11: CCMENTS FROM HIGHLY DISTRICT NOW ATTACHED: 12: LETTER FRCM BUREAU OF RECLAMATION ATTACHED: 13: LETTER FROM STUBBLEFIELD CCMPANIES ATTACHED FOR YOUR REVIEW: 14: CCn4EVTS FROM STREET NAME COMMITTE ATTACHED: IIIil1IjIIIIIIIroIi�I1a7111111 w z O 3 3 H C t7 Cr+7 x N o oC z rZ bz K o ro czi o H ro t g z � ro H k H m y z 3 H O y O H troy A ro m 3 H l7 z L�7 F3 9' r q iyi ro r Z y r O O r � Z 4 r H N m r O ao w ro � H N H N m En QFC m H 7 x IL .. 9 PJ§ co H cn gm¢H"mm H�� y� ro'�99 roy ��j7w� NLn 10, fUU!»7 v� Cann � rP�i En In O w w m 0 z 0 • zea maw z w �• rO n r:M rw m a �� p �• m m�b w °° w x� �' �• m a c g .3 R+ m rt r m n q+ 7 a m M m M R m m m O (vp z n 0� < z c w z a n �• �.. m w m n m n r• a 01 017 n r a' z •w•� w w o v w c w w �• a w �- a 1 -ri w m w 0• m• a n v �S 7 m C a m r* a 0 a M •t �• w w as w 1.4 Q•w Oo n �. N• Op r. n n r• m m w N m a n «• o w a m_ 0. n -.0 o g 0 n r m r o 0 v 0 m n o 0 c a v a M E w C n v m �'• K 0w O F'•1.4 w v 9 w w n r•OQ " w 0. m n n n Co m E w a n w '-• a• n � w r• n .•• r 0.a r n 00 w M m w w 0 v c o n m n o r•w m 0 �• c m a w a C m m rt 1.4 b m n m m N- O M w m 0. '•• w 0 n 0 n m m w m n c n o n o m w W M n m w •0 0 0 rt 0 w i c n m 0' M m �. W w m Q. 0 a 0.— p. Don a N m O 0. m C C aw`40.0 C �• r w E m o .•• a r .P O H n n I E OC w a w M 7 M C 41. O m 0. 7 rn r w K r M W H• w. •O w m w n E �• w n m w 0 o a C m a w m w m m 00 w m n m n SOLERS' IRRIGATION OIS-&T P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 .. • ' SUPERINTENDENT OF SCHOOLS Dr. Nick Hallett DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 PHONE(208)888-6701 August 18, 1992 Meridian City Council 33 E. Idaho Meridian, Idaho 83642 Re: Ustick Meadows Subdivision Dear Councilmen: I have reviewed the preliminary plans for Ustick Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask you support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, . Na, Dan Mabe, Deputy Superintendent DM: gr 0 • MEMORANDUM September 3, 1992 TO: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM: GARY SMITH, p. E.aoy a� RE: USTICK MEADOWS SUBD ISION (Preliminary Plat) I have reviewed this submittal and respectfully present the following comments for your consideration as conditions of the applicant during the hearing process: 1. Does the lack of any stub roads to the subdivision boundary cause any adjacent property to be land locked for access? 2. Are there any irrigation and/or drainage ditches crossing this property that need to be piped for continuation of historical flows? 3. The contour lines shown have no referenced bench mark and are not labeled. 4. Lots 26 and 42-60 of Block 1 have Nine Mile Creek, an Irrigation District access road and City of Meridian 24 inch diameter interceptor along the back lot line. These lots should have a net 8,000 square feet because the creek access road and sewer need to be fenced out to maintain access. The easement for Nine Mile Creek and the sewer line need to be shown on this plat. 5. Several lots appear to be less than the minimum required 8,000 square feet size. Block 1 - Lot 29; Block 2 - Lot 55; Block 4 - Lots 8,15,16,19; Block 5 - Lot 35; Block 7 - Lot 4; 6. Investigation needs to be made for sewer service of the property to the east of this proposal to see if service through this subdivision will be necessary. 7. The sewer line serving this property, to the Nine Mile Creek interceptor, will need to be in a graveled, fenced, gated access -way from the interceptor line to the public right of way. 0 • A. Some modifications to the Master Plan for fire hydrant and street light locations needs to be made. 9. A Master street drainage plan needs to be developed and submitted for approval. Any impact to an irrigation/drainage district facility must have their approval. 10. A vicinity map extending 1/2 mile in all directions from the preliminary plat needs to be submitted. 11. The roadway widths and culdesac diameters need to be shown along with adjacent streets. 12. Sewer and water line locations are: Sewer corridor — 10 feet south and west and 5 feet north and east of street centerline. Water centerline — 12 feet north and east of street centerline. 13. The requested corrections to this submittal need to be made and a revised drawing submitted. • r�L 1%] 11 CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO FROM SUBJECT ACHD Commission Development Services 0 INTER -DEPARTMENT CORRESPONDENCE U>1-ZG-K.MDW /DST ECH DATE: August 26, 1992 PRELIMINARY PLAT - USTICK MEADOWS SUBDIVISION (Haxco, Inc., 429 Waiakamilo Rd., Ste. 8, Honolulu, HA 95817) FACTS & FINDINGS: 1. Ustick Meadows is a 245 -lot single family residential subdivision located on the south side of Ustick Road one-quarter to one-half mile east of Ten Mile Road; 11,280 -feet of new public streets are planned. 2. Ustick Road is designated a minor arterial street on the 2010 Urban Functional Street Classification Map requiring a minimum 90 -foot right- of-way. The District is considering eventual construction of a 52 -foot street section with 4 traffic lanes in this area; therefore the required right-of-way should be aquired now to avoid having to relocate fences and berms later. In the interim, the developer will be required to improve the existing roadway section to three 12 -foot traffic lanes, 5 -foot shoulders, and 5 -foot sidewalks. The road currently has 50 -feet of right-of-way and is improved with 24 -feet of paving. 3. This development is of sufficient size to require additional traffic flow information in the form of a traffic impact study in accordance with recently adopted policy (8-20-92). 4. The proposed plat shows that Leann Way will be extended from the south through the development as a spine road with 60 -feet of right-of- way, a 41 -foot street section and numerous lots taking direct lot ac- cess. District Policy discourages direct lot access to collector roads and staff recommends that that policy be strictly enforced due to the size of this development. Staff also recommends that the street be arranged in a discontinuous manner to discourage motorists from using the street as a short cut route to Cherry Lane via Sunnybrook Farms Subdivision. ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 PRELIMINARY PLAT*STICK MEADOWS SUBDIVISIO August 26, 1992 Page 2 5. Lot 37 of Block 2 is designated for access to the adjacent property to the east, but it is only 20 -feet wide. A standard street stub should be provided to that adjacent property for access. There should be stub streets to the west boundary in the vicinity of Lot 49 of Block 2 and Lot 27 of Block 2. 6. There may be eligibility for offsets against impact fees or compensation for dedication of right-of-way or construction of system improvements in accordance with ACHD Ordinance #184. A person seeking offsets must submit an application to the impact fee administrator prior to breaking ground in accordance with Section 12 of the above -referenced ordinance. 7. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on September 8, 1992. SITE SPECIFIC REQUIREMENTS: 1. Provide a traffic impact study detailing the effect of this development of the surrounding street system. 2. Provide a master drainage plan and phasing plan. 3. Dedicate 45 -feet of right-of-way from the centerline of Ustick abutting parcel (20 additional feet). 4. Provide pavement widening on Ustick for three 12 -foot traffic lanes with 5 -foot shoulders. 5. Provide 5 -foot wide concrete sidewalk next to the the new property line along Ustick abutting parcel. 6. Direct lot or parcel access to Ustick is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 7. Provide a stub street to the east for the parcel accessed by Lot 37 Block 2. Also provide for two additional local street stub -outs to the east boundary. 8. Provide for a discontinuous layout for Leann Way. STANDARD REQUIREMENTS_ 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. ' PRELIMINARY PLATOSTICK MEADOWS SUBDIVISI09 August 26, 1992 Page 3 • 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. 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. 4. Provide written approval from the appropriate irrigation/ drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall retain all storm . water on-site. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLATOSTICK MEADOWS SUBDIVISIO August 26, 1992 Page 4 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale 0 ey1&Au W"nfia"4) BUILDER — DEVELOPER — GENERAL CONTRACTOR R E A L E S T A T E — P R O P E R T Y MANAGEMENT P. O. Box 327 Meridian, Idaho 83642 Phone(208)888-1202 Mr. Jack Niemann, City Clerk City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Niemann, P. 0. Box 873647 4040 East Piedmont Drive Wasilla, Alaska 99687 Highland, California 92346 Phone(907)376-6021 Phone(714)864-1522 October 8, 1992 I have reviewed the proposed preliminary sub division layout of HAXCO, INC. I have marked on the enclosed copy where I believe there should be two (2) street access points to provide access to the properties to the east for public ingress/egress for water and sewer. Please note the large drainage ditch to the East and North of said property that needs access. I am in hopes that you will take into consideration these comments at the meeting on October 20, 1992 as I will be unable to attend. If you see any problems in this, I would appreciate any correspondance so we can discuss the proposal. Sincerely, A. H. Stubblefield Stubblefield Companied "V AHS/gh �f n nn • N W ^ p PjO^ A p tip • VVI 1 /S ., n / A ni• � xi JO L ?a 27 1e. 2a ZZ 31 20 t b �p 33 3• yy J6 ]7 se sv e 7 6� ,, to ,�• g~ p n n N as «.0 at u��•t 2 s aIV 7 � _ • p w hto 7 w ttP++M�'75 .gyp 571cK M Dp u r, 6:i— 5 1 I� J�M a r �. �AD0!99222 \Y1t0� oov�ono � o0aappvn , - p aoRo0vo 0 0229PQo �� OOO�oOv n e6ae� es�e� TOTAL P.03 United States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE ■ 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN RIM) REFF0. 10 424 September 8, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Ustick Meadows Subdivision Preliminary Plat (Zoning Review) Dear Meridian Planning & Zoning: Reclamation's Nine Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District, abuts this development on the southwest. The United States' right of way along the Nine Mile Drain by virtue of the Act of Congress of August 30, 1990, was confirmed on December 5, 1915, by landowner Fannie Jones. To fully inform neighboring lot owners of this outstanding right, we request that a condition of plat approval be the United States' easement being drawn on the plat and clearly labeled, "United States Exclusive Nine Mile Drain Right of Way." No storm water runoff discharges to the Nine Mile Drain and other Reclamation facilities can be made without a permit from Reclamation. We anticipate issuing a discharge permit to ACHD upon assurance of BMP water quality and quantity controls. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, r or' ld D. Gregg jrbject Superintendent cc: Nampa Meridian Irrigation District 0 0 SUBDIVISION EVALUATION SHEET Proposed Development Name USTICK MEADOWS SUB City MERIDIAN Date Reviewed 09/10/92 Preliminary Stage xxxxx Final Engineer/Developer Johnson Engr /Peterson 6 Capital Development The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. Y10� COn%lD�IiDKS�i dOS[ Q�+of:u-i rl X. I7j(/lCf Dattee / / The Street name comments listed below are made by the m tubers of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W. USTICK ROAD" "N. LEANN WAY" The following new street names sound like existing names and cannot be used: "HABTON" "ONO" "LANI" "KONG" The following proposed street names are gym► not approved. Please choose diffe et ames• "DAn" "ART" The following new street name is approved and shall appear on the plat as: "N. KILO WAY" 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 Ada County Engineer John Prieste: Ada Planning Assoc. Terri Raynor L DESIGNEES Date v_/�/ �, Date 0 Z— Meridian Fire District Representative nate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index NUMBERING OF LOTS AND BLOCKS 09/04/92 09:21 '0205 ala 7650 CKARM L VANMR. ProfidYM IAMB E. 6RUCL Vim Preddot GLENN I RHODES. Swrek nl ACID 2001 Po$W TO$ A.C.M.D. COMMISSION 11=1 Larry Sala Development Services SOWNCTs MODIFICATIONS TO AGENDA INTER -DEPARTMENT COAREBPONDENCE DATES September 2, 1997 I request four modifications to the agenda of the September 3, 1992 Commission meeting. They are: Item 2 - Request for Pavement cat, Vista avenue at Malad. Please defer this item. staff and the applicant are working with Boise City Fire Department to determine if the water main extension can be avoided. Itam 9 - Request for Pavement Cut, 9th and Main. Please delete this item from the agenda. Applicant has not submitted adequate information upon which to base a decision. Item 4 - Consent Agenda - Develops sub Itabs 6 - Ostial lteadowssr Applicant requests the redesigned project. Applications item be deferred to submit sub Item 7 - CU -St -as Trinity Presbyterian Church 96=6 Oekaler Parking Lot Expansion The applicant not with staff and negotiated changes to the conditions of approval. These new conditions will adequately resolve staff's concern regarding traffic entering and leaving Gekeler Street. LS/ac Attached A revised staff report which states the new conditions of approval is attached. Staff recommends that the Commission approve the parking lot expansion with these modified conditions. ada county highway district 318 East 371h a Sola. kkft 83745 a Phone 06) 345-7680 REVIEW SHEET Rezone # Cr CENTRAL DISTtICT HEALTH DEVAtTMFNT Conditional Use # Prelimina FinaVShort Plat ST«/C HE-w'ndLJS CORD IV 19 f 0 Retum to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz ❑ 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: 91 Central sewage ❑ Community sewage system❑ Community water well ❑ Interim sewage FJ Central water ❑ Individual sewage ❑ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ❑ Community sewage system❑ Community water Sewage dry lines Central watbr �} 9. Street runoff is not to create a mosquito breeding probelm. ❑ 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 resew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store M2A(q-L-- DATE: ❑ 13.� Reviewed by: CDHD 10-91 rcb e 0 m w m n m w m .o n z a m 0 J 0 o a c m m c m J A 7 J (p Z K r+ 5 w o n t w w' o C+ m rO+ C C+ f V J. m 0 n O fD w v C o� J w �• n n jC C+ tO �. C J C+ C+ o F� T CD LOO N W m bid V `yy Z fCCiJi z 8 � � Hp p 8 Z 3 d y H 3 a+ H O 54 � ro H v H HHo t" K v M H e 0 m w m n m w m .o n z a m 0 J 0 o a c m m c m J A 7 J (p Z K r+ 5 w o n t w w' o C+ m rO+ C C+ f V J. m 0 n O fD w v C o� J w �• n n jC C+ tO �. 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F, tD N 0 H z N7i Z 1-1 .. ncRT MPTP RFTIIRN RAWdPf FOR MERCHANDISE, AND EXPRESS MAIL PS Form 3877, Oct. 19158 W walen=u, N lnaunoD, b 00 J O) A W N = m ODD rA ro m to A "3 0 M m Irl mSZ 07. 0 m n m m . o N$' NCS t-') t7' N NH Nb N NC] N(D NtDd NO NwN7•�(D H Hi -S HE X �O fD H �(D A r5 r N � H`C -_jr hl c0 C o) H• NmNN Ow9t CO H• co H. P. M o ry F � MOw P" rp ` Pi w td HaN `C rt H•OG cT H• r* M rr "`Y F�• i,',(1 O D 2. P•CO (D H m a w m W W OD H a H a H a a a a� rn J.- m > `. f� V I � al W CO CO W W N n N L� W W Orl W O) O) 4-- O, J- v 0 9 N N N N N O m - 9 m O D -1 ?t m n a OEW^ R � ^ R -H S 66 O c ` m33 K� � R T m m ? n P9 0o•��3T Ox ❑❑e � O R 6 � 0• i E mF n Eel m m o ° ca 8� R -- !r 'm a� o �•�: � u gg�n � �t 80 Q �§kK w'3 j ='3� a Ta ma m 3 w =' 60 Ox p,0.w a vwo'^� 30 2n m m PS Form 3877, Oct. 1988 FOUNFUGISTERED, INSURE H~ O mm 0 ~ � 3 x � m Y �` a J a me n CD ') x' r C.O.D.. CERTIFIED, RETURN RECD FOR MERCHANDISE, AND EXPRESS MALI. �O ao J T U A W N •+ n 0 z O mmm my � m y Z 'om m 0 V. Opp, O " H- (DD n DO (D r C a N O ri N CD (D a ~ � 3 x � m a x a n x' « N m m m v 0 10S O « D m ria PS Form 3877, Oct. 1988 FO ISTERED, INSURED, C.O.D., CERTIFIED, RETURN RFAW FOR MERCHANDISE, AND EXPRESS MAH. 2w _ r 03- D CC n, mym 0 3 D O �O O 9, ,O O 00 10 00 10 00 10 co ID 00z 0 I^ D Z'c M o nm m "3 _ m 5' mm o Mti bt7lNr4' Ntd w'O ut cy F- Cy W CN>N 80 N N -AO N 7 W mmO 1--0 N1 W w �C NO OW�NN• vt F-� E-� g N vx ul 1'•' 00 O w h-4 y rnw Wj Cr N• oC ow o�O'Ll 0 CD C) -c! O 0 rRS ro m W o w r n n o () `9 rtT zm xn zwxzn a z �- w �w c❑o yam �w mm �w nw o n " a [ n9y v d y y C m " a nm o RL m m m Fs m w n m * rw CC cYm m G�wo ri m p M max b m w n F-' t* F'- w r. r•OO p r+ ro (D F-' w w m w `C w 9 ro t7 O N r* N• (D r H v; N w ES N• N o w(D0 n 9nnoG 17 t(Dnp mit+ w o mw rw r,' x G� C o r•w aror�F� (7% H. FOS n'� n E m m ° (D m m (D z° n xm cnD m y E9 a i cn (D Cu a a w O + 3 a a (D a a a. m H H � (Arn w w H r H am x �' w n H H 8 M � a a rn m �' a s » N N CO N OwD W O v w � N N a M T N W - CC F CO m 2 N J Fy n O` Cl. H N N w n ❑❑❑❑my � L A mn 0 9 N N m ^ Oaft 0 N �O ON $bnSQ w' W o ❑ E3 o E E m 39 R T m m m 69 •- 00g33`3 C � ❑❑W d�q IOOD A d m4 �'•�•�'� F4 6i O -y�i � mm JI^'CJ _D ii <m I o- io Or �wu0m ;TT5rt m'c u9 � wmm w m m n b y y ±g. °i R9p Ty Y m�C Y w' �e ae Q3�d c = ym m ^ aF.3 •`5��A23 mm N. M I W.. n �- 0 N O N r -J i N r f Y f O — P N li o IIPI -Lo Fos F�j LA c,k N1Fi4Do J� .I O SUNK tC N .4 z4 € M �G''L. Lf 2' •� e ' ro �� ��rr4�11Q0 Q y0000:., NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on September 8, 1992, for the purpose of reviewing and considering the Application of HAXCO, INC., for a preliminary plat of the property located generally North of Sunnybrook Farms Subdivision to Ustick Road which parcel was formerly a portion of Sunnybrook Farms, and generally described as the Northwest 1/4, Section 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, for a two hundred forty-five single-family dwelling subdivision to be known as USTICK MEADOWS SUBDIVISION. Public comment is welcome and will be taken and heard. DATED this/' day of August, 1992. AMBROSE. FITZGERALD 6 CROOKSTON Attomsys and Co nwlon, P.O. Bos 427 MMdbn, Idaho 63612 Telephone 8684461 1111111�IIIIIIIIIIllllllll �so�� H H b > H M �C K rrij r n 3 3 m r G) ro 8 y y to i z 3 d y ycn " 3 cn H o H ro t 4 ro m y o z H a LM H 3 q 3 H H ro w H �z ro F o H H Yk £ H - �o H � H pl ZO Ri R+ H oNo H H io ..-. N v HHrn H roro t o m tj N H �IH�ro �Q�� cn tHy CH's 'ro �-Z O H y ''��Qp117 [p+ oCn co CA (QQ] H ro h7 ] z L,4 U, [h�7 Ery W y r H En Ell En En K O tC x H � 4 H 3 0 z HUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 August 13, 1992 Mr. Jack Niemann, City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Proposed Ustick Meadows Subdivision Dear Mr. Niemann: (208) 322-8992 • Fax (208) 378-0329 The attached application contains a request for approval of a preliminary plat. The proposed Ustick Meadows Subdivision is located within the Corporate Limits of the City of Meridian, on the South side of Ustick Road approximately 1/4 mile East of Ten Mile Road. This development contains 245 single-family lots that are approximately 8,000 square feet. The streets in the subdivision will be public. New sanitary sewer and water mains will be extended to serve this project. Additionally, we are requesting a variance from the maximum allowed length of the cul-de-sac shown as Ono Court. Thank you for your time and consideration. Please call if you have any questions. Sincerely, JJ HOBBLE ENdINF-ERING, INC. DVA. To n Project Coordin or DAT/tlp/027.Itr eI ItuaL ES1AIE 11> PURCHASE AND SALE AGREEMENT_ 1. '11, is cel fur SupCrsed'! all u offer as Df Olay 71.1992 May 21 •`) 1. eUreq. Mike..Ilacuu 6..Will i.mn Ila auJ/ur_Assi • ._ laarw _-___ CJ.1 6nee.___._. 2 o. (heOPERTrcaller"BuyerA agoras LEGAL DEase.an ION,urMeeignel Selbf agrees basil the fellowip lNcribed ray spay nereamer rrawrMdbN s Z.._2. PROPERTY AUDgESS AND LEGAL DESCRIPTION. TtiA PAIAAIY canrnonll• known as -p1°�°°°� a C �)—�utu�ybrook F ®( 5 '._,/ Caval -__`_n County d .. - Idaho legally described as: Sea e`__ rymnq w Insert Mnaor correct, wet I W, ,Iro Ipal deeMplbn d d. PRICVTERMS. Total Purchase Price is See _Adalgnalmea. Dowels See Addendum dl`II(llnp •) $--Lee A(denJwn--------)- b) -wee Adds. .ding Cnall down reymal, including Earn, Maley dNWA,. Balance aI TIM purchase price to be paid y laterve a. EARNEST MONEY. a) Buyer hereby, dep lrs as same., manse and a ece,P1 Is rmruby acknowledged of _Tell �:110U88Od d01).HLB- _ _ Evkarnera by I CashIYI Cbak I IDan... Is 10 000.00 G shams check I I Nau a ) DI Earnest Money ao be deposited In hull accoum upon accvannce by all Partys era shall be hard by MCT n 1 g for the ba ale d ore lun ies bash 1 t % INCLUDED ITEMS. All allached floor cwmbgs, attached lelennum antenna. e„eehed Plumd lighting fixtures, wbdvw dons, Slam whgbws, storm dope, wAWAw Mararings ..tenor Trees, plan,% sllmbbery, enter healinge Plumbing. balneom end I IUSena, saera awnings. —Is' ,lad ceding and heading systems s buil, and "t r in" r n pparyus .M Underas. ylsdled n Indus e rmara All all water and weer rights, dl a Prove ata ditch lights Iha, mea a ena fiv recpreat all cher ra pdaq pant. fuel tanks and irrigallan ileum and equip. Included in the sale unless olhefwise prwilN ,bruin. IWmlCwxq ,bareb Ibal ae new on a used in cenneClial wall IN e Other items syecilwall - W urian, $hall be yeduded i a this sale: --See- AL Qa Ch Bd-. llama apecilitally excluded In thin sale: AdJ011d U0 fi. ADDITIONAL TEOMS, CONDITIONS AND/OR CONTINGENCIES Tiro cbsirg d this Ismael N cenllpenl upon wtllNn $alieladion a waMr d gal Innovating conditions' Buyer win have until _ e0 T. TITLE COMPANYA:LOSING AGENCY. a) The nAlles -11N lln, -6 to satiate ahwjya las/y gMNipns arMNa dpnlinganawL e2 Shea "We any re lute poly and PelnMnary report or ' �rt 4` nniln nl13 This CaOparW b) The etasir 9 agency to' lbs Ilsnsadion'hall he .. �nay.�.ctL _ b Y _ E. TITLE INSUMNCE. _Sal l_C[ } .Each pent' .peas l0 0e Purchaser's Extended Coverage Title Pukc r - _- -art I I Y for a saeudard Owneh a P p°Y Onedell d Ina Cbstnq egenuya hater Ne5 Y punaled I.1 Yea IJ No Additional w<M1eNh T,lb Policy PremluM In this lenaedbn. a6 Tllb Company „ provide ell parlba to the. agreement with a Met to De paid by Buyer shall have until ___ 9Q _days ae,iminmy Title Oepal on or Dvbre _Q(L �— Q _ _ TSI aCCe LCRMCS a9 ,o a AM In exiling to the- al, laid as Set aurin in the fepoll. w Ina evert the Buyer make' wrllbn obi e n w the tyle, Boller aha --y all lime. not w MC'Bd dayy re cure any delecb o, title of or Is unllling to cure slid d'lecls or Provide MhmetAw lily banner coverage, end w IM avant the Sella caned e1 -a .bw SIT V r Pr..I. ;P4bro ullocloshrg.l'ka I!l lige subjeAN, insinan". aha Bu ref mayel&Ilha cl as I's SMooalW Soo either he Buyer shah Ag aid "� SS m cure the defectis al Ilia Bu ex's ar mean. t' n:w9 ave... su Ile c'l, In i r of IL' eeo dY b eller Ie Bu ee IMS beeerNM, 52 made. by h vn tial suranmit a Ucll nlrole de, usgsl shall not r,lan0d rlo A w..",Y d OtheIdle r remedies emNms neer' to be ear. NwW 53 lions. tire Buyer Shan 13 Bowled w the return d all raluM 5$ /bo .mal Title Insouumc , , ,.. shall no delncled w Thu Ruye' by IIIc title C"A'An'y as soon as °d° Npwlb 55 A Es0 P -A agrees TION. II a luny urrin is,, is involved, Then Iha esaavkdledion tialderrsl shall —S CIVMLt. fT oonan — Each CLOSING ATE. to pay me -Torii cel esuow/c.da,jWA Ines. 1/ -may X.1\, 51 PU 0. CLOSlN roll date On a beme alb closing dale, Bu \ 4. 50 Tire closing dale sh.11 be no tale, Than y°r and Seller yell Uepo-i1 with the cbsip agency all Iald3 and instruments necNN 59 `Closing DMB"meals she Omo on which an IJ Atig sae 2i 1992 dace MM _ _ rye CeapI°M IM dart Bp 1. POSSESSIONrPRORATION. Suver shall be entitled lu °I Try en eacfwaaMk, pager;c; tllMsee aocNdew 81 Taves and water assessments possession ar ape Jay d cbairlg or _ _ as'°'bbbbSank 82 It, Iry last Available assessment as a bass), renes, Insuranco premiyma, imrasl antl roan Any tenant assumed and otiSelS sba„ be pfaated as of Ills Jay cel slush BS Any ,andel deposits hey pal Sealer mala be credilel w Buyer aI closing '9 a rv1 N 11°0% OlCaunbrarldas a N !. ACCEPTANCE. Buyer's It., is made gabled to Iwo see. alma of Seller 65 11 Sealer does no accept This agreement within ole (,me specihce r entire,, rel Moo .W OcIeck midnighl 1 _ _2 68 DEFAULT. If Seller eaanrl's obis n spall 2. 1009 Agreement, and ,It. ,o .ed Pro rel °y refunded to Bullar N demand. waned and Ore sayas er nogl'dx a ceruses to c 67 unrplY weal Iwo lanes ur airy conditions d sots by the data on l Buy here rata Isfm a c I vis makelable art inswaUle and all Buyer a cagingvndN M1eve been rerlpued a N wilrr, loan ore Eames, Money shin bo 1'rvleil-U and Buyer s iran.... the Brokeclaw, I Ayoncy shell Pay nom sail Eernesl Money Ino costs d lily Insaanca. escrow 1e63, alIV tin orukllon 1° b De Canplbd Tp r 111' P mxwtY -Iran be Inuredddy wnninaled. Ill In connection wnh Iles bnnsncuon and me remainder shall bo vppodiun'l re Insur to e. SeNr and ono T, does net exceed rho ayleed cunmisaion Y has led say dna wpeness dtrNlry inadr. R Such In lelture0A. Ag and awepmnca by Seller of ,be Eernesl Murrey due, not Conslilule a weber of Olepliar of lot ort rearreas, luovdod the amaNi b ansims Ta Slmn havo Ile figM1l, al his uplimr, to bring any action al law or oquiry lu enlace ane blurs d This cbmAA a svvk rNltlul,on Ia T e bwk nage IN, available b SBMsr and Seller T5 In ere evert of delaWl pal either of Ina pml'as in "nail pndamaAce d ,ho unne a cNlq,on- of chis preemnl, the delaull' ages InNudip any agaM 7g leas and coals mcuaed by Irl. nondelaulliltg eddy art in Ile avant cel sail lye 7] w ma eves of a elsp'le b'lwemr Ila Vmlies as to the Emn'sl Mance an,mdlnl Imnundor by Du m9 per1Y prNa b Pay N attorney 78 p Ne1Nrd party $hall ba eMilbd to Ila raaeonabb al depose -ay lila an inlerylcau. nation in a court of canpel'na Iurisdichurl to ache say such ds A' bel b "sidearm 7g .a a'aser/Escrow Agency borE.nq we Eanresl Mon V alar. aha Blokar/Esttow Agency M1ddng IM1a E antl lees requiretl is tiling cel any such action. vy tlepusil e' alters as much W era Eames Marey Q posh as mantes Ths Boyar and Senor aulhafest n TITLE CONVEYANCE. Tnlo of Sella Is ,o be cone M b V ba nsceasuy b advance IM cwaM p2 markdaDb and inswada excelN br rigM1e reserved b l.ds a Mbnlsrrbuldirlg sala ge xepr113 unit. rignl. d way and ealiemees . her s or M'.cera, and aread kTlon, yule -- dead, end is b W 8$ adher liana, eneumbrancesmor�lorgng re9uMlbnasM adkaerlcee.1say anglypy N deeds eppovep pal Buyer, Page I d 2 06 PUHCHASE AND SALE AGREEMENT lco"MWEm • 15. RISK OF LOSS. S11oultl the Propony Oe mxerially dmnagwlw qhx cause WWI lo closing, unless Buyer has taken pow im t,. y Agreement. Ihis agreement shall be wtdante el the Whun ubi lays, ebakg by B7 i' "I I& CONDITION OF PROPERTY AT CLOSING. Buyer agneas b porches° IM Properly in ae is condilbn, wMre Is. wgh aq IWllx B Be y".'r lion with respscl to the Pmpwly. Seller 111.1 maintain Ino r upf wag apdm W bu by 89 c°suolly. The healing, Ilmdriting, air conditlonl P Dowdy , k the closing o o decal ysle lot, ordinary be in wear and Nx eacegad, and lop try W M the time of closi n9• in wiling, olwmwa, bnJNg tluors and elochloq aWlema shah be In waeenI a Immo ordx and cerdalon 91 rg, unless dhenwise agreed to in wailing. :'.117. INSPECTION. TM Buyer 1wro ecknoov 92 n Pr°pdal"s w by the Sellar which are rod heroin ruprerssea. The Buyer nes entered into arty slaMr"enN w warrior u try Oy amal, w El'" s g2 It Iram Buyer's own Investigallon w Personal Inspection or tho agreement relyi g upon Wdmalpn and krpwNdge dKakNd 9e womtses. 95 Q IS. ADDITIONAL PROVISIONS. AJdshonal prosisums of this Deal Eslate Purchase and Sale AgreamonL it any, amaNehed tenantry" mm,lydgMCM"WQ 9e al_L pages. 19. AGENCY DISCLOSURE. Al the time of ni this W sig rg agreement me ages working wilt the Buyer reprenmed 8 r�Vei /Sell i and The agent working with the Saler represented Buyer/Seller written discbsule d agency was prwoud lo more to this hemnaclion. Each Each pity d dootg this ,andocument oar a, t UNI odor 9B disclosure Wochore prorl...Iy received. ox1Y n this baneadlon hes hand and uMaraaMa the ewaeMa q are apanby 1110 Listing Agency: —"I"I eOd—Ilea' 101 By: Ann Samuelsen I'"g '�811Cr: —McLeod tea -1L" 102 Tele BY: Chri_F1 it 1 y Tree 20. ENTIRE AGREEMENT. ouIr agfbifid . an[. ncluding any addendums w axhiblls, canattules the entire 107 tlWim any warred of habllabilll , agroamed between the Parties and no wamillee, Iry los Y Y agree mH w repnesumatlons haw been made on well W NWIN upon same? Patty union herein ea krrlh, 21. TIME IS OF THE ESSENCE 1N TNIS EMENT. W5 OB THIS IS A LEGAL INNO AGRE N T. IF NOT UNDERSTOOD BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL 107 COUNSEL. / we /yBUWr -iN(rx Buyer's Atldnen 1/53 A__ L{i.t S / N �O(,. 109 ll�Wer: r r 110 Buyerb Ta°phomy Y Q%'YaO,j� m s.IN � Sa.ers AtlJrase r 112 Sony, 7 113 Seller's Telephwoa � T. .m../.Gi IN ADDENDUM See Attached Adendum 118 119 Each of the parties acknowledges reading and understanding the Addendum (II any) In full. Buyers Initial ___ S.INr'° Initial STATE OF IDAHO 117 119 119 120 121 122 181 129 125 129 121 129 IA 130 County of °s' 131 On this 132 day of 19 __ , belore mo, the uwsem eat, a "m pudic n and W nag 133 appeared Y reale. Pxaenatty 131 known to ma to be Iha persontsl who signed the keeping Instrument its Sellar and acknowledged N me that 1 35 same. IN WITNESS WHEREOF, I harounm sal my hand and aflised my sea the day and Year final above .,than 11B aMacW W 1M 138 ve M Notary Public Ion Idaho —�---_ fleaidin9 at _Comm. Exp.: ' �—�--- 131 n cwpgw M. cm„'b ba `Mn a THIS I'OIIM TO RE USED ONLY nESOons u,gwuna..ee rasa UY umnotruro of Imo Notional Av+uunbon I IIGALIUIIS c n nca t;UUN I ER UFFER # _.. i.._ Ld mwA THIS 15 A LEGALLY BINDING CONTRACT. READ THE ENTIRE DOCUME�^r DING ANY ATTACHMENTS, CAREFULLY, BEFORE SHINING, IF YOU H .YE ANY OUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNIN This is a COUNTER OFFER to the Real Estate Purchase and Sale Agreement and Receipt for Earnest Money Dated May 21 , 19 92 ID # 0010605 ADDRESS: SLuLnyh—,k Harm 04 BUYER(S): Michael G b W4111am naxton And/or Aeeienee SELLER(S): Seller accepts all of the terms and conditions in the above designated agreement with the following changes or amendments: pnrchaaP price $8000.00 Der acre Option period of 90 days with $10.000.00 Non- refundable Earnest Money. At closing Buyer will pay an additional $46,000.00 for a total of 56,000.00 This , w e applied as paym-n as acreage $144 nnn An h lance d1le over a period of 4 yP (&uver to pay Lot release of $1000.00 per lot as they are sold and closed.Buyer to buy not less than 7 acres per year. All taxes and irriigat on water costs to be paid by the Buyer arter a e of 2 3 s 8 7 B e 10 11 12 13 14 15 The herein agreement, upon its execution by botli parties, is made an integral part of the aioremenlioned Agreement. OTHER TERMS: All other terms and conditions to remain the same. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any other offer prior to Buyer's written acceptance of this counter offer. Acceptance shall not be effective until a copy of this Counter Offer, dated and signed by Buyer, is personally received by the Seller or Seller's agent. EXPIRATION: This counter offer shall expire unless a copy hereof with Buyers written acceptance is delivered to Seller or Seller's agent on or before _ o'clock ❑ A.M. t.-1 P.M., on 19 1 t Dated 'eA 5 19 � J- _ Se114AAr7w - / ) Time AMIPM Seller The undersigned Buyer(s) accepts the above counter offer, j Dated 9f_ _ 19 c/R�(Buyer _ Time AM/PM <Buyer % ......................................................................................... COUNTER OFFER # The herein agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement. OTHER TERMS: All other terms and conditions to remain the same. Unless the above Counter Offer # is accepted on or before 19 _ at AM/PM, it shall be deemed revoked. Receipt of a copy hereof is hereby acknowledged. Dated 19 __ Buyer Time AM/PM Buyer Seller accepts Buyer's changes or amendments to Seller's Counter Offer and agrees to sell on the above terms and conditions. Dated _ 19 ._ Seller Time AM/PM Seller Thu bra b p,med aM d.WiWlea by Iha AW C MY Msbciellon w FIEAITOFI� . This bra has Eben ftN r d end ie pyN b,aY b bloc Ey ,AM sNW µdeswbnela I,censed Ey Il,e Idaho flew Fswte Colmuswon wM, nlb aEu inw�xw,s bI dW Nelbul Aaw[,wbl w nEAITORS' UW by any VW V yRbb a µwbwlM CuWfn l b. CbvAty At .a oa w REALTORS' 18 is 20 21 22 23 24 25 28 27 28 29 30 31 32 33 34 35 38 37 38 39 40 41 42 43 44 45 48 47 48 49 so 51 52 53 54 55 56 57 s8 59 u 'IL i:: error r:upol ::role :111 if Ilrr OI I,,I a:; OI blay ?I, 1992 May 21 m,tm L_!* . 199 1 UUYEa, NLIII.' Ila%Ll lu h {J 11I 1:1111 IIG%Lul1 Jr A igneC .. 2 ..—_.. L------ ....._ _ ...... ...... _.__.- , .. S (L(smaafdcaaed Buy.,"Iay.Ces alluchasn, and lite um)mayneJ$Cle-i retirees to sell lite loNdvi,ly described teal estate nationalist rebase b a a"PreIIIMee' a PNOPEDTY ADDRESS AND LEGAL DESOnIPT10N. NIC lame t y cmenionly k low, as SUIIOybroo ( Garia Oil 5 Crly ul ._ He.[j,QfalL_____—_ Come, of ..Ada Idaho legally described as: SAP ALLarl,nll 7 _legal_____ _ ..._.__.. _____.... _. _ _ It..... m Sneer mnlwnl.a A,-6 6 w Ce.nin' M/wrcv In:n.rn ......Al, r: ,,, L war ream nrtlwnmc.:. nw bird dm A"Ahen d Om nrgmny as mwkbd by I. PNICEIIEnMS. lural 11 chase Puce Is Sea AddlIDduul Dobe lS .Sec al S SBC Addendum --- Cash J-wn papnonl, incluJmg Finest Money deposit. bl S See AddkltdMID_._____ _ Balance W lire purchase price for M pail as blows: a 9a 12 13 14 15 16 A IB 1. EMPTIEST MONEY. YO al Buyer hereby deposits as ea .... al money and a roceiy, is her Wry ackndvleJgad d .. Te❑ 171ousaud dollars -------------- . 21 Dollars IS ..101000,.00-. EvNrncrd by I ICara CLrcF r r Ca+LNnrr, ter an.: 22 ri,rd I 2a bl Emnosl Manny a lar: JoyusA'J m trustd:mm�l upun acceyl:uu:u Ly rep Merles and shall to hod by - 11CLeD.d..1tea1Ly 24 _ ._.._ Ila lire benefit W Ills Outlets hereto. 25 S. INCLUDED ITEMS. All d[.ceod hate Conertnys, attached leleysiun ante,.,., attached phlmhtny. bottom,. ate) fighting Marais, atmlovr screams, screen 26 dads, mom windows, store dmfs window coverings, ,.lees boos. Oouls. shloba,y, water hosing aPush erectedle, and fixtures, erected leplace equifwrMm, 27 wrings, venlilmbry, citing and Lemma syslee" Luer..., and "dna ni' mn!Ins that excepting All Other families). fuel looks and ilygatim litlwes aq equly 26 mem, all water end wrier yhN, all Jac11ts and Jib[. "'I't, Ibal a. ul.Pw telyamI them[. thin are now -e re used in cdmeclton with IM premises shall be 29 Indmled in 1110 sale sales. dhnmsr IuwiJed Iarnin � trot Hams.l.....W111 .d x. err: •::m.. At 1 n,Add ..... I um 01 emm year rely nal.�,e.a m n,.: n:n., 6. ADDITIONAL TE(IMS, CONDITIONS ANDIUII CONTINGENCIES. lellowilg co d'hone --300-Attach 33 I Ire: closing ul Inds harisochon is classifiers uplel Wlllten aMislaChOu OF wdael d Ob as 05 Buyot will 11am until To sale fly an waive all cdgllima MMMr, coPNl g NCNM,. 7. TITLE COMPANYICLOSING AGENCY a) ILc µmous ay,ec Ibat Stewart. -- -- _ TAN ConlpsAY shag oovide any required elle palmy and V'nlhninary ,.pull of dmnnilmolyL bl Thecoxing agency Wr Ills Iranaaclln shall be SLawn I - . 111LE INSURANCE. ..r I l e f f:ach Pna, :mese io Pay wm Lnlf d if,, Closing PiNme . 1". In Lav Ln n'..I.exted llw real'.; P. 1'un: b:C:l.•f, Dlle Miley Orimune in Illg ealetclkm. Purchase,. L.Im'ded Cuvemgs Mlle Paley equemed 11 yes I 1 No Addlllonul pmntum to be paid by __ Title Company Io plewJe all I,arties IV Iles 391004110911 will' a i chlealaty Tale Thenal, en of Layer, 90 a(' Cr t. _T1c00p.taNOe_- UnYa. L,at have I,raa ')U days - - . It elect in writing to Ill -concha el it,. title as at he if, in i, myon hr I'm o"'A the U-11 makes written olselon to lite title. Seller shall haw a reasonable lime. nay to exceed _ _. Jays, 10 core any defects as lite of ,.ovine -'in ret eat lift Insurance cweraga, and er the ..it the Sellar cannot cure said defects ora,1n,mal, 10 Caro said Jelecls d provide.'" m"vemin insurance uweregn. Illi Beyer may elect. as its sole remedy, to Oilhet lenninate Thy AgaemeM, ur hoer Iha Jmicls el lite IIUYVr'x rvyrtnsq m ymcCPJ Io I le ell , mknnl1i11C scored In sVCL Jelecls. Il lite Buyer does W so object, lite Buyer a'af be dfamed lu neve acCo"W" nC coweewl ul N, ear. In lite m en1 hate, N",.e. Irninualr Int; at"111lL1.1 Ihr, et na...1" 1 Inry elle Ilse lliun9. lite 11,1101 limit he railed 10Iha errant to all relWgable depeft InaJC by Ilan Irl 41m, Su,,, ,mmn r,l'Isnlsas shall lite cials stile a wive, 111 Niter rOtledb9 available 10 BOyel. Inn lend 1111, In•erlmve pnhny Beall hr drlrvru•,I In If.,. huger by Ila• Ola• C(allp:tay els stall is possible aIle, Closou ESCBOWICOLLECIION. II a envy urns c•uar,wlcelluclnrnla ervulvrJ. Then ILC 0wlarhWledbn holler shall Ire SLI l' L Cacti pally agrees to pay aIle -hal of esduwhallecliml tees . CLOSING DATE. On ei before the closing dale. Buyer end Seller shell """SO with the claceso agency no funds dq nNlomenls Iwcuaary b complete We say The closing dale shall he ria hotel Ilan 1 . `Closely Gme' mans lite (]am ore whrtll ha dw(sumile ste oldmi r1992 cmelvl m xcme,d hY an curgvkryl,diw' d . POSSESSIONIPBOnAtION. Itlyw shall L, cal ll.lt11, :g ay ale) llW sere deceeth ale evaaabybSspa. taxes and water assesseands 1 .act,, I n I the 1 , d clo _ _ II19lrIg IeC 1:191 aV:lll I,IB ,3 1,93 IC,it ns a basis). are.. insurance plait I5 to es,and les,rw on kens. encumbrances d obllgahons assumed and utilities shell be p,ordPd as of Tho Jay of closing or Any lenanl delPOses 11010 by Seller shall be ciedded to Buyer at closing. —'-- ACCEPTANCE. BI -111 S -1101 .s made sublSi In 1110 accoplanco Of Seller on er belle 1200 ocbck midnight of _May—yy_a1Ggg If Seller does not accept this agreenlem within lite hole specileld. lite adim Earliest Money shall be refunded to Buya m demand. DEFAULT. ,, II $eller . n ni,,S Ilea A,IICCIrnn,IL an,l IMC hl Still prmmny e. enakelable and Insurable alis all Thayer's emergencies has been Ientored d vvMl nnO ILC Ihgry nr,drel^. ter ,.Lies In cmlgdy wllh till Ien,13 ter any Imeld.-n Is OI sale by Ism lime on w ee, Saul tern o cwe)gb, To b 110.maned win, Ill., Ibe Eaumsl "twiny x".01 bre e"'ar"'d end ""yw's ea Ica in lite Plglmly strait be imne solely leuaaward 1"a BaFedEscmw Ayen y Lull pay emo sur) Emly.aI Ti Ili mels VI lisle m ilea"CO. e5dI1W fees. nomeey lees and rely other ea110nses dewily kqur ml rel , nn.mmeml wet, gas ban au..... and Ibe mnnilabe'hell md,1no Loll 4111.1 Selkn a,1J lam ball Io Ih, Ihoka, puwMd Ism spedon, 10 Obit .Iw• ...A cawmJ gal ag,ctd c. a Such keledu a and accepla,rce by Sure, of the Entries( Modey taus no ca edlelC a wdvar or election of mho comedies available by sa , Std Sells, Shall have lite fight. a1 his option, to bring any a<Ibn bmkme a1 law 'sequity to am-rce lite terns d e this Cbacl Ce soak Idsblulim Id damages including any unpaid alee. In the event of default by otl cl of the Indies in Ibe, pd loam.....il Iha by tee m cordne ns ul this agreement. Ilia defaulting pally Sonatas No pay all Nbrlyy ISO' and costs incwmd by Ino nonrlolauong pally end in Tho own,, m r:,, Ibe ProvAiling Pally shall Its Studied 10 els reasonable aslorney lees and este Inde' C Sl.l of,,lispum I hnmu Ism Pal lens ns In Ihr Dane+1M,nury."In"e'd hmcundm by Bethes,I)a flnenueFse,ow Agmmy hnbtlg If. EPnron Morey dl,e sa rimy hie mI ..amp'eader act,, m a comb ul c.nutliaa ju.hah,unn le'e9dvo oily Such dlspu(o Innately the mina Tito Buyer and Beta aldllolys 'lie Ihnkerlls^crow Ayency Lolipy Thu Emlyt91 11 Jela3g Iu ulily.. as much ul Iha Comm Money depeail as may W moce...ry Io sol allee IIIA Cosy oPd lots rerµnell I., hbrg of mry Such actin. TITLE CONVEYANCE. Idle d Sell-, is to Ia cmw,ynd by wearily lined at madelablo and insurable ,.cera Iw rallies reserved in fedOml Valents. Ia tall h) er Ism mallidym, buildtny and eonlg Idpddiers Needadinanua d J. a le unit. rights of way and easenlenls established or of tial, are) any -Ilan loans, encumbrances or Jelecls PiniNo beoned by Beyer. '.16 07 W W 40 el 42 43 as 45 46 e7 as 49 50 51 52 65 Ste 55 56 57 se 59 60 61 62 62 61 65 fib 67 66 69 7Th 71 72 70 74 75 76 77 76 79 60 BI 62 SO 64 65 a6 Is. nISK OF LOSS, III Lias P:ol,:•nv In, n,::len..11, ,I',....a:..•.I Iry I nor I II. n n:lnl IF, elo.vi:gl, unlnn:: Moyer has its yne•:neawn Pdm I lig by e7 I Il,lu,a til Ilan 1 l, III .".e,,,eI sn:,ll Lu —Aablu '.1u un Ag,eoman„ 99 16. CONDITION OF PROPERTY AT CLOSING. Boyar reglnes to pinch o Pmprely in as is condition, where Is, with all faults. Buyer will sem oblige.. 69 imes with Aspect to Iha PnIpeNY Seem shill elainlain Thr. pininlly inter it,. elmfiieg 111 its PraRenl ...... all.., Indhemy want Olid fear excisned, and I ee by go casuMay Iholvlalmg, vnnlilmeul.;w c In.uni,I.. IIF I,ug. cluralul".. lend I, dons And oleclli:III systems slop bo in Plesnnl gror,Nhig aAM MM condltlwi of al Ibe Ii,ne el closing. unless oHe...... xgsud to m w:nen9 92 - 117. INSPECTION. IDe Buyer bmeby acknailedues holes 1L01 Dllynl Iles rel mcoiw,d Lir relied man any staemOme a rePlesOnlMfone by the Beeelor Broker's 83 Airemomtiaeel or by the Seller wldcb Are eel herein mgs,,Fsnd. I le, Buyer hes eased ed into this mining enl style, open Inlmmallhoo and knwYHdge Nedread 91 Ik hoer Buyer a own ,nveslirlmion or Pc nomrl 'nreyrIn .... til 11 lm n,,ntn, 95 ] 18. ADDITIONAL PROVISIONS. Addniouel p,nvis.... W Ibis 14n,1 Lsbnp Pwchnsu nod Snln Agrwu,eul. 11 any, em ellechaJ herew by an eJ08MUm <W6iNmp 99 Pages. 97 19. AGENCY DISCLOSURE. At [tie time of signing this agsomere the agent working with Ilse Buyer represented __UyU /$B11BT 99 and its ages wonting wilh Ibe Seller tepesentedL'UYCC/Sel lett _ __ _ Each party signing this document confirms that prior 99 wAllen d'erlusue d agency was plodded to went in This hansnchon End, parry N ate. I......clint hoe read and understand. the omVSele of the agency 100 d,sClOSele ln.lmm mnssAFFI, mceivml. 101 Listing Agency:._McLeod tical Ly Senlny Aymn:YMcLeod.. Rea.LLy____ 102 By. AOn Salnuelseii Tele ---- _. _ By. (Aix,is—LAud1AX —_ Tale 103 20. ENTIRE AGREEMENT. Ties auraemenl, mckmin, tiny role Anden's m Inhibit., tmel ilul.. the onto age ernent between the pani.e and ne wansnllaa, m- 104 eluding any warranty At habitability, agreements or repesenlahons base been made or shall be binding upas either party unless harMa eat With. 105 21, TIME IS OF THE ESSENCE IN THIS AGREEMENT. 109 THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COMPETENT LEDAL 107 COUNSEL. OS Buyer. ._.._.. _.._.._ __. _ Buyers Addles ..._.. Buyer. SolleC Saint, Buyers Telephone StIon's Addsss San.". IelePlasie ADDENDUM 112 113 114 115 See ALLached Adeodunl Ila Each of the parties acknowledges reading and understanding Ibe Addendum fit any) in lull. Buys, S Initial _..._ Sollm's Initial S1ArE OF IDAHO 117 119 119 120 121 In 123 124 125 129 127 129 129 130 a 131 s. County of _ 1 132 On this day of 19 _ bolom me, the undersigned. 0 Notary Public In and for aaM sm 133 appeared 9^ y % pvaonally 13• known to me to be the persons) who signed the loregoing In.h ens., a. Seller and acknowledged to me that __._ he 135 soma. Ila WITNESS WHEREOF. I have hen enlo set my lend And Aloud my send Us, day and year last above written. esecuUd int 138 Notary Puhic for Idaho _. .... Tinseling al . _. _._.. _._.__..__....____..__.._ Caere,. Esp.: 137 «• coarve. af, I—, A". I nvn or 1l IIS I.ORM 10 BF. USED ONLY nenuullo by Inr....Lnl, ul IF'! Nnlipnxl ru, Asauci111iun of IIIlALIUIIS crinFa Earnest Money Dated May 21,1992010605 Buyer Michael C. 6 William Haxtou a / or assignee Seller Max A. Boesiger Purchase Price $8000.00 Per Acre -Total acreage determined at survey. Option period of 90 days with $10,000.00 non- refundable Earnest Money. At closing $37,000.00 for a total of $47,000.00 depending on acreage, with $1,000.00 release per acre as recorded. After the $47,000.00 total down payment is credited Seller will carry the balance due over a period of 5 years. Interest at 10% will be charged from the beginning of the first year after date of closing. No less than 8 acres will be paid off each year after closing in cash or lot release. Land to be paid with lot release of approximately $2,000.00 per lot on the close of each lot. Interest wilt be paid each year on the anniversary of the closing date. All taxes and irri- gation water costs to be paid by the buyer after date of closing. seller to supply environmental audit and remove any problem at seller expense. Development right to be subornated to Lender. There trill be no pre payment penalty. 110 1 COUNTER OFFOW i �. •r, ,-. ti0ne�CONTREAD I Y aCIORr 11mNe111T' "laU ria ANY ATTAONMENTO, OARIPULLY, UPOaa 1116141110. V YOu t. nYOY e u R COUNTER OFFER to the Reel Estate Purchase and Bale Agreement and Astelpt for A nest Money Dated _1AY-.2L . , 1992r to i 0010605 �_ e 9ESB: .Lunn brook tYrm #4 a YER(S): ___r.;,chael-C—L-Ali, T LLER(S) _-__Hax_A._.Rceeigaz_5r- _. a list accepts all or IIIc me and conditions In the above designated soream*nt with the following changes 6 amnndmenle• 10 te undersigned Buyer(s) accepts the above counter olfor. Purcliase,_ price Qe500,00�rrragigy_QCr,�,g�period of 90 6076 with 910',90W OQ - _ it Non-ratundable Rattiest Money. At closing an additional f496300 to be paid 12 —tdt^CT4Lar-Si-$S4;SVU-OU :'—[riSR'y59 � 300:00"�1i111- ba-aOplYad'atl'�iygRli!""!1f yf --lase-l0-aerev-or-Fina L -phase.— 's Af ter__ch!-_QSQ,}.QQ,-QQ_total down Payment to credited Sellar will carry the —._ is $340,000.00 balance due over a period of A years, Interest at 10% will be 1s —Bntfipba fF'olfi-[fiJ-5eR1iIRItiT'"St'�tlif 'f.itAf yiar artat'dota OC-dlba lTi'k NS-liil --" 40 --ch6n-e�erne-will be paid,of11• IT -Prior -to -the-QgYal9n1ech mhasa tWLUUlr rill eAv far t Pae agxtj—,_.._ IS contained within the plat in the amount of the par acre balance due.5aller will 10 s"Jppry 21�dF free-fl[Is or act T'p'JEshOiia Iii jS1iEiH 7fiT-W-Bu"YU.-, es --Tutartat--will he -paid each year on the- anuiversery-•of tha•e1061n5 dater--- 10 All_ taxes- slid. ha..0►1LLhy the buyer a[eazdAraoL.___-- t1 closing. Seller to supply anviromental audit and ralsove any problem At _._Si111Y"lRpsiRA. 32 141, 1iisj.lylalNf �lhlfy. .. __.... ___. n 23 iISS2 In* Above Countor Oiler N If accepted on or before III ,e herein Agreement, upon Its execution by both parties. Is made an Integral part of the abromennoned Agreement. 26 THFR TERMS: All other farms and conditions to remain Ins some. to ICHT TO ACCEPT OTHER OFFERS: Beller reserves the rl00ht 10 so0epl any other ollat prior to Buyer's written :oeplance of INS counter Acceptance 1T offer. shall not be at 9011va unit( A copy of IN$ Counter Offer. dated and 1s fined by Buyer, Is nersonaliv received by the Boller or Seller's agent. KPInAI ION: 1 his counter olfer shall expire unless a copy hereof With Buyers written sontsplande Is delivered to so Slier or Seller's agent on or before o'clock 1`1 A.M. n P.M., on it clad 10 — &*list _ mn ,—_____...__ .. _. _.._AM/PM Seller 34 te undersigned Buyer(s) accepts the above counter olfor. Mud_ 3-99 __..__.-__... _. to YZ Buyer se _.—�..._AM/PM Buyer se __. yf .................................................................. I................... de COUNTER OFFF7 p IIs --- --- --- - _--- 40 41 .. -"-'-- -- - e1 --'--- es a -- — -- ee • IUINn agrt�, tient, upon Iia exeautlon by both Putin, Is made an Integral pad of the aforementioned AWeMnenl. eA 'ITER TERMS: All other term* and conditions to lemaln the Same. n 40 iISS2 In* Above Countor Oiler N If accepted on or before — At AM/PM, It shall be deemed revoked. Recelpl of a copy hersM Is hneby acknowledged. 49. so 19 __._ Buyer - -- et AMIPM Buyer leer accepts Buyer's changes or amendmenla to $*list's Counter Offer and agrees to $ell on the d Conditions, above terms ea e. led 19 _ Seller .- - ea 'e -•-.— •-..... AMIPM Seller ..... _ ___ t--- 1^'^ 1• V �a.1.N aa0buma a nu M. OouMr Allbeelen el ReALinn1- their. Mr tyln Nsl---_y"s IN M / w.use "---4 be the idsho freer [Iters cermdalah Nae s,e Ib th"bers w M NtlMny Am1eMp�m �e ire atlM uR ay 1441 eMw ASAI 70fid 11*' . B10 AY Mr erhM eereerl M N 8unnybroloJoint Venture c/o Max A. eoesiger, Sr. 6479 Glenwood Boise, Idaho 87707 Michael C. Haxton and Willian L. Haxton c/o Chris tindlay McLeod Realty 1407 W. Franklin St. Boise, ID 93702-5907 Gentlemen: The purpose of this letter is to clarify the Commercial Investment. heal agitate Purchase and Sale Agreement, mated May 21, 1992, as modified by the Counteroffer no. 1, which is by and between Mike Haxton (also known as Michael C. Haxton) and William Hexton (also known as William L. Haxton) as Buyer and Max A. Bossiger, Br., an Joint Venture Manager of the Sunnybrook Joint Venture, (hereinafter "the Agreement"). This Agreement is hereby modified ■■ follows: 1. Parties. The parties to this Agreement are sunnybrook .joint Venture, a joint venture organized under the laws of the State of Idaho, as Seller, and Michael C. Haxton and William L. Haxton, as buyer. The Buyer may assign their rights under the Agreement to a corporation wholly owned by them. 2. The Property. The property which is the subject matter of the Agreement (hereinafter, "the Property") is certain real property, containing forty seven acres more or leas, located within the city limits of Meridian, Ada County, Idaho, which is more particularly described on Exhibit A, attached and incorporated by reference. option. (a} Grant of oQtioe. The Seller hireby grants to the Buyer the exclusive option to purchase, upon the terms and conditions set forth below, the Property. (b) Dotion payment. The payment for this option is $10,000.00, which shall be paid upon the execution of this Letter. The option payment shall be credited against the purchase price, as described below, if the Buyer timely exercises its option right hereunder. pn'd 6;Id.40 I+Ji VGT59CCe0L ef:e: 266r-rf-Le JUL 14 LdU� �Ma.fICLL�, b1LL L'.I toi-'LL� — (c) yxero ea of ootien xhs Buyer shall notify the seller ilp writing on or before August 15, 1992, if they desire to exercise this option. (d) ..�1nat�en et Ootien. It the Buyer falls to timely exeroiss th• option provided herein, all rights of the Buyer under the Agreement shall thereupon terminate, without further notice. The Seller shall retain the option payment, 4. purchase price. The Buyer shall pay as the purchase price for the property, Se,lo0,00 per acre for each acre included in the Property, as more particularly described below, The initial purchase price for the Property is $099,500 (!8,500/acre X 47 aeras), which shall be adjusted as described bolow. 5 icat of Purchase iheras f011 rshall Owe1lhe purchase prefor the Property to theSell (a) 4101 000.00, option payment, to be credited against the purchase price. (b) $49,500.00, as an additional down payment, to be paid at closing. (c) The balance of the purchase price according to the terms of a promissory Nota executed deadta# truthe stra0ain ter and heir the apene►s, sn8 eernrod by a t1 Property. S. Terms of the Dote. The terms of the Note shall include the following: (a) The Note shall be dated September 1, 1992. (b) principal initialprincipal shall be be amount e The adjusted bbefore Obo. The er after closing, to incorporate a change in the purchase price, in the event the acreage of the property shall be more or lass than forty seven acres. (c) The Note shall provide for annual principal payments of $s8,000 per year, payable on or before each anniversary data at the Neto, with tha balance, iholudiny any unpaid interest or other charges, payable in full on the fourth anniversary date of the Note. (d) The Note shall bear interest it 101 per annum, with interest to commence on the first Anniversary data of the Not@. Interest shall be payable in addition to all principal payments on or before edch anniversary data of the Note, beginning with the second anniversary. 2 50'd saold U " I va,afLCOoe .L.a. see t -*t -to .u.. .- _� ♦c� _i iniiLLCC. ULL�_-�e.n L .. ..0 (e) AS more partieularlpdescribd below, all lot release paymanta Shall be cred.itad. against.grinnipat, with the lot release payments in excess of the annual principal payment to be credited against the last payment due.under the Note. 7. Dead of secured by ast. firstPDeadnt of of Trustean thea Property. shall be er the B Lot Dead ofei20- If Trust, orheanyyer is not agreement i executed tndclo closing, property subject to the used of Trust shall be released from the need of Trust upon payment of is,700 on the principal of the Nota, for each acre to be raleasad. The Buyer shall designate the parcel to be released and shall prepare, at their expenst, a legal description of the parcel to be released. The Buyer shall viva written notice to the seller of their r4leass deliver to the esc ow h der, within Seller Shall execute fifte ndays,a R quest , for Partin! Reconveyance, so long as the Buyer has first deposited with the escrow holder the release payment. Pries to described tof abovehetherst minimum aacz age whical h maynt an the Note bereleased it eight acres. if the Buyer shall have paid an annual principal payment, withouobtaintrelese arequesting later date of release of . a a paroOl }inarcel, henaccorda ee with this paracraoh, without an additional principal payment. 9. Personal ouaraatee. if the Buyers elect to assign this Agreement and the rights to the Property to a corporation wholly owned by them, as provided for above, then the Buyers and their spouses elt execute ot personally garacampa� anof the notwritten acrdancawith its terms. 10. mo Development. The Buyer shall not undertake the construction of any improvements to, or place any improvements (including utilities, streets and curbs) on the real property subject to the Dead of Trust. Provided, however, the Buyer may place and/or construct on the property subject to the Deed of Trust sower, water and other utilities which are necessary to serve another phase of the subdivision to be developed by the Buyer. 11. Plat Approval. max A. Boesigar, Sr., or another individual(s) designated by the Beller, must approve all preliminary plats to ensure that the interest of the Beller in the rsal property subject to the Deed of Trust will not be threatened or otherwise impaired. Boesigar, or any other designee, shall ccoperats and not unreasonably withhold the nsoeseary ea'd 8331Ado MV -1 CSiaifCe02 a£�0a 268>; -►:'Le approvals. The Sal* shall also execute all otho instruments and documents which may be necessary in connection with the platting of the property, including but not limited to consents and applications. The Buyer shall pay all costs and expenses incurred in connection with these matters. Without limiting the foregoing, Boesiger or other designee of the seller may ratuse to approve and execute any preliminary plat, final plat or other similar document, if the proposed layout of street* and utilities may negatively impact the value of the real property subject to the Deed of Trust. The Beller shall execute all documents which may be reasonably necessary to establish an easement to carry utilities to the Knapp parcel, the parcel of real property adjacent to the Property. 12. xnvironmental audit. The Laval 1 environment audit shall be conducted by a qualified firm, selected by the seller and approved by the Buyer. The environmental audit report shall be submitted to the Buyer and the seller at least two weeks prior to closing. If the audit report is not timely submitted, closing shall be postponed to fourteen days following receipt of the audit report. The sellar shall pay the costs of the Level 1 audit and for any additional environmental investigation, which the firm conducting the environmental audit may find to be reasonably necessary, up to $5,000 for the total coat of the Level 1 audit and any subsequent investigation. The Beller shall undertake at its expense any remedial efforts recommarded by the environmental audit or subsequent investigation, so long an the cost of such remedial measures dose not exceed $2,000. If the estimate of the Leval 1 audit and any subsequent investigation exceeds 85,000, or if the estimated coat of the remedial measures exceeds 82,000, then the parties shall first try. in good faith to negotiate a modification of this Agreement. If the parties are unable to resolve the matter by negotiation, then the Buyer may waive their rights under this Paragraph and proceed to closing. If the Buyer should alect not to waive their rights hereunder, then all rights of the parties hereunder shall thereupon terminate, without further claim by one against the other, n,d +he im o9e,•+ elfW M.n.r Approval by the Buyer of the Level 1 audit report and any subsequent investigation or remedial work shall be a condition precedent to closing. Le'd 63:)Idd0 MVI 0516e££eez Met esel-Olt-Le t'% la. Viscollaasous. (a) a+luebment of PuMess Price. The number of sort included in the Property as well as its boundaries and legal descriptions shall be determined by a survey, made at the Huyer's sole expense, by a registered civil engineer or licensed land surveyor selected by the Buyer end appproved by thn Feller. The purchase price and the principal balance of the Nota $hall be adjuaty&d by a factor of 88,900 per acre, if the acreage, as determined by the survey, should be greater or less than forty seven acres. This survey and the adjustment must be completed within six months after closing. If the adjustment should be made after closing, the Feller shall execute a quit claim dead to the Buyer conveying the Seller's interest in the adjusted parcel, except for the seller's intsraat under the Deed of Twuet. The callow and Buyer shall execute any and all documents reasonably necessary to modify the Note and Dead of Trust to accommodate this adjustment. (b) Lender's Title rnsNranca Policy. The Buyer shall provide at closing, at their cost, to the seller a lender's Policy of title insurance in the amount of the Nota in standard form, subject only to the standard exceptions and those exceptions set forth in the owner's title insurance poli ay to be issued to the Buyer. (c) No Transfer or esionment. Except as stated above, the Buyer may not make any transfer or assignment of any interest in this Agreement, or any interest in thy& Property (except for those parcels which have been released from the Deed -0I Trust prior to such transfer or assignment) or the real property which will remain subject to the Dead of Trust, without first obtaining the written consent of the sellar heraunder, (d) yQr+enc ar encumbrances. The Deed of Trust Shall provide that the Buyer cannot place any Slone or encumbrances against the real property subject to the Deed of Trust, without first obtaining the written consent of the Heller. - (e) Collsotion Escrow, A long term collection escrow shall be established at Pioneer Title Company, Ada County, Idaho, for collection of the payments dila under the Votes if) V4"s wr+s± Statsw+,.ts. 2t the Bulger Whouj¢ Bleat tv exercise the option, each of the Buyers shall submit to the Seller their respective individual financial statements within five days of exercising the Option. TneS• financial statements shall be correct, complete and ce'd MIJA) "I bSieD££D02 Ob:0i 268i-bS-G0 ...0./ ......................-. .... .. ............................... shall fairly present &he financial condition of each, (g) Seyymp, The buyer A submit to seller within ten dayo os signing this letter a resumes) which aeourstely desoribsr the business and real estate development experience of the buyer. (h) telecopi rash llgbe desmsd to beA sined coy of an original�emltted by 10. closiaq. The olosi))q oontenplatiedby this Agreement ehsll take place on September 1, 1991, at the offices of Stewart Title Company, or at such other date as mutually agreed upon by the parties. Closing shall he Peetpnned in the event the Level i environmental audit, or any subsequent report, is not submitted fourteen days prior to Closing. Closing shall also be postponed if any remedial measures are undertaken by the Seller. purposesLotter of interpretation, thtion e Agreement end this Utter shall be nnnat.ruad tngsther, it possible) if not. the terms of this Letter shall supersede. DATED) July //' , 1997. SUNNYSAOOK JOINT VEN By,- Max A. Boer qer)—S Joint Vent r 1 Fcoaly t Ventura Kinagar ACCEPTED AND APPROVED) 60'd C21 Jdo Mtll t1stse£tsee Was aha) -VL -Le REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Ustick Meadows Subdivision 2. General Location, NW 1/4, Section 2, T.3N., R.1W., B.M., Ada County, Idaho 3. Owners of record, Nax A. Boesiger, Sr. Address, 6479 Glennwood Rd. Boise , Zip 83703 Telephone 853-2001 4. Applicant, Haxco. Inc. Address, 429 Waiakamilo Rd., Ste. 8 Honolulu, HA. 96817 5. Engineer, .lames C. Merkle Firm Hubble Engineering, Inc. Address 7025 W. Emerald, Ste. 200 Zip 83704 Telephone 322-8992 Boise, Idaho 6. Name and address to receive City billings: NameAonlicant Address Telephone (808) 847-5002 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 79.06 2. Number of lots 245 3. Lots per acre 3,35 4. Density per acre 1-39 5. Zoning Classification(s)R-4 13. 14. 15 If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification NA Does the plat border a potential green belt No Have recreational easements been provided for No Are there proposed recreational amenities to the City No Explain Are there proposed dedications of common areas? No Explain For future parks?No Explain What schools) service the area Meridian Schools do you propose any agreements for future school sites Explai Other proposed amenities to the City X Water Supply re Department Sanitary Sewer , Other _ Explai Type of Building (Residential, Commercial, Industrial or combination) Residential Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single -Family Proposed Development features: a. Minimum square footage of lot(s),8,000 square feet b. Minimum square footage of structure(s) C. Are garages provides for, Yes square footage 450 d. Are other coverings provided for Nn e. Landscaping has been provided for Yes , Describe Covenants (2) I • 0 f. Trees will be provided for X Trees will be maintained r,...anantR g. Sprinkler systems are provided for h. Are there multiple units Phan G Type remarkE I. Are there special set back requirements No Explain j. Has off street parking been provided for No ,Explain k. Value range of property tgn n� nn $t9n 000 - 1. Type of financing for development Standard M. Protective covenants were submitted Date 16. Does the proposal land lock other property No Does it create Enclaves Nn 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. (3) t UTY OF MIERIDIAN 726 Meridian St. Meridian, ID 63642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: I PHONE (808)847-5002 Owner or holder of valid option ADDRESS: 429 Waiakamilo Rd., Ste. 8, Honolulu, Hawaii 96817 GENERAL LOCATION: NW 1/4 Section 2, T.3N., R.IE, B.M., Ada County, Idaho LEGAL DESCRIPTION OF PROPERTY: -See attached description PROOF OF OWNERSHIP OR VALID OPTION agreement must be attached. PRESENT ZONE CLASSIFICATIONL A copy of your property deed or option VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: We are requesting a variance from the maximum allowed length of the cul-de-sac shown as Ono Court within the proposed SIGNATURE: CITY COUNCIL RECORDS 6 Date Received City Council Hearing Date Received By 0 0 REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development, Complete the following questions and return with the application. 1. What is intended to be done on or with the property? Develop a single-family residential subdivision. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. structures, or buildings in the same district? The configuration of the property which is narrow and long presents a unique situation when designing a subdivision layout with curilinear streets and lots that are located on a non-continous street. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? NA 4. What special conditions or circumstances exist that were not a result of your actions? NA 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? This particular variance request has been granted in the past and can be mitigated by installing a fire hydrant at the end of the cul-de-sac. 0 HUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 Project No.: 92-086 PRELIMINARY DESCRIPTION OF THE PROPOSED USTICK MEADOWS SUBDIVISION 0 (208) 322-8992 • Fax (208) 378-0329 8/13/92 A portion of the ground lying in the East 1/2 of the West 1/2 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho. Commencing at the North quarter corner of said Section 2, T.3N., RAW., B.M., Ada County, Idaho, thence North 89015'41" West along the North line of the NW 1/4 of said Section 2 and the centerline of Ustick Road 412.16 feet to the POINT OF BEGINNING; thence South 0°15'38" West departing the North line of the said Section 2 and centerline of Ustick Road 528.45 feet to a point; thence South 89015'41" East 412.61 feet to a point on the East line of the NW 1/4 of the said Section 2; thence South 0015'38" West along the East line of the NW 1/4 of the said Section 2, 858.94 feet to a point; thence North 89015'41" West departing the East line of the NW 1/4 of the said Section 2, 360.00 feet to a point; thence South 29049'14" East 389.02 feet to a point; thence North 89°15'41" East 165.01 feet to a point on the East line of the NW 1/4 of said Section 2; thence South 0°15'38" West along the East line of the NW 1/4 of the said Section 2, 945.00 feet to the center of the said Section 2; thence South 72044'27" West 298.11 feet along the North line of Sunnybrook Farms No. 3; Preliminary Description-Ustick Meadows Sub. Page 1 of 2 0 0 thence South 14°07'37" West 80.69 feet to a point; thence South 45035'03" West 194.81 feet to a point; thence South 54°39'43" West 51.80 feet to a point; thence Soth 62025'16" West 190.72 feet to a point on the centerline of Nine Mile Creek; thence North 20°16'10" West along the cetnerline of Nine Mile Creek 428.95 feet to a point; thence North 31028'18" West 990.03 feet to a point; thence North 0020'06" East 1858.94 feet to a point on the North line of said Section 2 and the centerline of Ustick Road; thence South 89°15'41" East along the North line of said Section 2 and the centerlin of Utick Road 909.52 feet to the point of beginning. Said parcel contains 73.06 acres. Prepared By: NUBBLE ENGINEERING, INC. This preliminary description was prepared from data of record and not from an actual survey on the ground. DAT/tlp/004.lgl Preliminary Description-Ustick Meadows Sub. Page 2 of 2 I 1 1 1