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Bedford Place AZ PPHUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ITY OF MER RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief r WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning for Brighton Corporation BY:_ Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P!Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLIATION FOR ANNEXATION APPROVAL & MERIDIAN I. GENERAL INFORMATION ZONING OR REZONE PLANNING AND ZONING COMMISSION .~~ FILING ION ~~, ~re~1 lif..l ~ 71,1' b~~~~l~~LLl iSA~~. No plat being submitted at this time. (PROPOSED NAME OF SUBDIVISION) ,` i NW14 of Section 6 T.3N. R.lE. B.M. (C*~N~KAL LOCATION ) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Government Lot 3 Section 6 T.3N. R.lE. B.M. in Ada County Idaho Brighton Corporation 378-4000 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 12301 W. Explorer, Suite 200 Boise, Idaho 83704 (ADDRESS) _ Brighton Corporation 378-4000 (APPLICANT) (NAME) (TELEPHONE N0.) 12301 W. Explorer, Suite 200 Boise, Idaho 83704 (ADDRESS) Hubble Engineering, Inc. 322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 9550 Bethel Count Boise, Idaho 83709 (ADDRESS) Meridian/Ada County (JURISDICTION(S) REQUIRING APPROVAL) Single Family Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 40 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) NGliy' /G J+\ \9. ~/ RV NUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 March 11, 1994 Ms. Shari Stiles Meridian City Planner 33 E. Idaho Street Meridian, Idaho 83642 RE: Request for Annexation into the City of Meridian of the parcel of land deseriibed as Government Lot 3, Section 6, T.3N., R.lE., B.M. Dear Ms. Stiles, 208/322-8992 ^ Fax 208/378-0329 ~.~.~~~~f ~~ C~~3'b ~'~ t~a~~~~a=t~+1 The Brighton Corporation is requesting annexation of the above described property into the City of Meridian, with a change from the current county R-T zoning to an R-8 designation. The current use of the property is agricultural and the owners plan to develop a single family residential subdivision. Based on the following facts, it is our belief that this annexation, zone change and its subsequent development is the best use of this property. 1. The properties to the east and south have subdivisions of equal densities approved for development. (See attached map.) 2. The property to the north has already been subdivided for single family residences. 3. The development can be serviced by central water and sewer. 4. The development of this property will cause Ustick Road right-of--way to go from its present SO' to 70'. 5. The annexation, zone change and development meets the criteria of the Meridian Comprehensive Plan under 2, 4, 5, 8, 9 and 10 of the requirements of the Urban Service Planning Area. ~ ,-~ NGh._ rG- 'J+\ ~_ ~~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 SURV March 14, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Government Lot 3, Section 6, T.3N., R.lE., B.M. Dear Ms. Stiles: I, David S. Nelson, hereby promise to post a legal notice of public hearing for the Annexation hearing on the above described property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. State of Idaho ) ss County of Ada ) On this .,,~~~day of ~11~~~.-~ 1994 personally appeared David S. Nelson, whose name is subscnbed to the within instrument and who acknowledged to me that he exec ed the e. ;. ~G~-C~ ,-~r.1/ Not Public for Idaho Residing in Boe~•o,~' My bond expires ~ ~~ f 4'~°~~a ACA©A. ~4~,®P r~ ' ~~ a3 ZwQ ~A.~ ,~ ~ a ~t P,a ~ D ~ ett G, ~°' a ~ ~U~3L1G o ~~w~, t9},',~ ®®® c`ya .~ ~,,®PesaeA~° ~'~ oe® ,, F~y,~~~~~~F ~ ~~~~~os~' ~~~ ACKNOWLEDGEMENT March 9, 1994 Ms. Shari Stiles Meridian City Planner 33 E. Idaho Street Meridian, ID 83642 RE: Request for Annexation into the City of Meridian of the parcel of land described as Government Lot 3, Section 10, T.3N., R.lE., B.M. Dear Ms. Stiles: ~.~~~~~ M-~~ 1 1 1994 We are hereby requesting an amendment to the Meridian Zoning Ordinance to facilitate the annexation of the above described property into the corporate limits of the City of Meridian and it's rezone from an RT to an R8 designation. Sincerely, ~ ~~ \ ~2LT/r ~~~ L~:GG ~7iL. ~~~ David W. Turnbull, President Brighton Corporation STATE OF IDAHO ) ) SS. County of Ada ) ON THIS lOt~ay of iKarch , 19 94, before me a notary public in and for said State, personally appeared navi.d w. Turnbull known to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .r~~!"!~. ° My Notary Commission Expires 5 / 13 / 9 ~ "~-~ ~!- ,~ «"' Not blic for Idaho ~ ~y1~' Residing at Nampa ,Idaho ~~ ~ ~~ AUG 15 '94 13:21 PAGE.001 ~ ~. ```~ ~NGrNF~9~ RUBBLE ENGINEERING, INC. `~ y 9650 Bethel Court • Bolse, Idaho 83709 208/3?2$992 • Fax 2081378-0329 FAX TRAI~TSMITTAL Fas rTu~nber: (ZOS)378-o3z9 Telephone N>tunbers (~)3Z~899~ D$te: ~ " ~ S~"~ AnDl~ss: FAX NuMS~R: SS 7- `f~ l3 # OF PAGE6 TR~~NSMITTED (l~~~ae cover ,clseet): ~ ~.~__-- nE: (.t~~ ~i2 ~c~ C( ~e~b A~tml~-~c~ Casa-~-~ ~~ If all page: are not received, ple~e call. RUG 15 '94 13:22 PRGE.00z " ~' NUBBLE ENGINEERING, INC. ` e`' 9550 Bethel court • Boise, Idaho 83709 2081322.8992 • Fax 208/378-0329 Project No. 94035 BEDFORD PLACE SUBDIVISIpN April 1, 1994 Government Lot 3 in Section 6, T.3N., R.tE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter comer common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW 1 /16 corner; thence North 00°19'24" East, 1315.99 feet to the Wi/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road_ Prepared by: RUBBLE ENGINEERING, INC. ~s w ~4 ~1 0 -~, r . ~aF ~ ~. CORY 'Q`t... D. Tent' Peugh, P.L.S. DTP/bh/879.des ** TOTAL PAGE.002 ** 07/1911994 16:11 12083778962 BRIGHTON CORPORATION PAGE 01 ~ ~ cor~or~tion July 19, 1994 Wit Berg Meridian City 33 E. Idaho Ave. 1~eridaan, IU 83642 VIA FACSIlVIII.E: 887-4813 Dear Wil: We have two applications on tonight's City Coundi agenda, Bedford Place and Ashford Greens. I ask that the Bedford Place application he deferred two weeks to August 2. Also, I reque~ that the Ashford Greens am'-exatipn application be deferred to August 15 when the preliminary plat is scheduled to be heard. Hopefully, the annexation and preliminary plat ctyuld be heard sequentially and earlier in the evening. Mike Wardle may have already contacted you regarding the arequest for de£erzal on Ashford Greens. Please call if there are any problems with this request. Sincerely, U,/,q'6C David W. Turnbull President cc: I1~i.1ce Wardle ~~YV~~ ,! U l 1 9 1g9y CITY OF MERIDIAN 123(11 W. >rxplorer Drive, Suite 200 • Boise, Naha 83704 • TIsL 2p$-378-9000 + 1'A,X 248-377-8962 Ms. Stiles f~;M,' ~ ~ 199 March 11, 1994 Page 2 C~~°~ ~ ~~ ¢,':...~...dsf~~ 6. This development meets the guidelines of the "Economic Development Housing Goals Statement" under Sections 3.1U and 3.2U, and meets the criteria of the "Land Use Goal Statement" under Sections 2.1U, 2.3U and 2.SU. I thank you for your attentiun to this matter. Please call if you should have any questions. Sincerely, O David S. Nelson Project Coordinator DSN/mf/958.LTR ' ^ ~ ~.p-~a~~ga ~~~k~. 9 ~ a ~ 3 a ~ ~ 14_x•; ; ul}~ ~' ~ 1 '~`"' WARRANTY DEEy titt +~ 1 ~~ Reser~auon of Life Esi~te)c ` I~ j ~ / -nu ~Fq 1(j _~(~ .. 57 THIS 1~VAAF~NTY DEED, mact^ this tOth day of~F'e ry, t ,between HELEN V. CAVlS, a wido~•~, of Meridian, Ada County, Idaho_ ('GRANTGR~, and HTON CORPORATION, ~ .Idaho Corporation, whose address. ~s. T2.~i `1V. Exp(Sttetl~rQie, Suite 200, Boise, Idaho 83704 ('GRANTEE; WITNESSETH: The GRANTOR, for and in consideration of the sum of Ten and NoJt00ths Dollars, lawful money of the United States of America, and othe.• good and valuable consideration, to her in hand paid by the GRANTEE, the receipt anc3 sufficiency of which is hereby acknowledged, has granted, bargained and sold, a: ~d by these presents does g!ant, bargain, sell, convey and confirm unto the GRANTEE, and to its successors and assigns forever, all of the following described rea! property situate •n the County of Ada, State of Idaho (hereafter 'Subject Property'), to-wit: Real property described on 'Exhibit A' attached hereto and made a pn-r hereof. SUBJECT TO: The exceptions shown on "Exhibit B' attached hereto end made a part hereof. FURTHER SUBJECT TO: Tiie reservation by the GRANTOR of a lire estate in and. to the residential dwelling located on the Subject Property and cccupied by the GRANTOR at the date of this Warranty Deed, including the land adjacent thereto required for the GRANTOR's use and occupancy thereof as her residence, together with full and unobstructed rights of ingress and egress thereto (which dwelling, land and rights of ingress and egress are hereafter called "Dwelling'), said life estate herein reserved to be on the following terms and conditions: (a) The life estate herein reserved shall continue for the life of the GRANTOR, or until the GRANTOR permanently relocates her place of residence to a Flace other than the .Dwelling, whichever shall first occur; (b) During the term of the life estate herein reserved, the GRANTOR shall keep the improvements comprising the Dwelling insured against loss by fire and other casualty in an amount not less than the full replacement cost thereof, with the GRAN TEE to be named as .the loss payee W/~RRA"!TY DEE!~ - 1 ifs :: UU1 r ~~; thereunder; provided, thr;t if said improvements are damaged or destroyed by fire or other casualty, neither the GRANTOR nor the GRANTEE shall be obligated to repair or replace the same; (c) The GRANTOF shall pay all ad valorem ; eal property taxes and other assessments IQVied and assessed against the Dwelling during the term of the life estate herein reserved, apportioned for any Period of less than a full calendar year. (d) Thg GRANTOR shall pay .for all utilities used or consumed in connection with the Dwelling during the term of the life estate herein reserved, and for all maintenance and repairs necessary to keep and maintain the Dwelling in a good and habitable condition. TOGETHER WITH all and singular the tenements, hereditamQnts and appurtenances thereunto belonging or in anywise appertaining, including any and al water right`, mineral rights, easements, ri3hts-of-way, and all improvements located thereon; the reversion and reversions, .remainder and remainders, rents, issues an~i profits thereof; and e l of the GRANTOR's estate, right, title and interest in and to the Subject Property, as well in law as in equit;~, subject to the reserved life estate above described. TO HAVE ANf~ TO HOLD the Su` a Property, iogether with the appurtenances unto the said GRA'iTEE, and to its successors and assigns forever, and the GRANTOR does hereby covenant to and with the said GRANTEE, and its successors and assigns, that the GRANTOR i 7 the owner in fee simple of said real property; that the Subject Property :s free from all encumbrances except as may 5e otherwise expressly specified herein; and tha: the GRANTOR wil! warrant and. defend the Subject Property from all lawful claims whatsoever. IN 1NITNESS WHEREOF, the GRANTOR. has hereunto set her hared and seal the day and year first above written. ~~J .~~ HELEN V. DAVIS WARRANTY DEED - 2 .-. 16~';pU1~53 STATE OF IDAHO County of Ada ) ss: On this ~~ Februa Public in and f rd Said State ry' ~~~ before me to me to be the • Personally appeared HELEN ~, the undersigned,. a No person. whose name is subscribed to theD~fel9o ng inst umeenbti~ acknowledged to me that she executed the same. nt and IN WITNESS WHEREOF, I havR hereunto set m seal the day and year in this certificate first above written Y hand and affixed my offiaal (SEAL) Residing -- - v. ,~~°`w ~ -- - MY Commissio ~ Idaho Aires: WARRANTY DEED - 3 r. EXHIBIT A (Description of Subject Property) GOVERNMENT LOT 3, of Section 6 in Township 3 North, Range 1 East of 3oise Meridian, Ada County, Idaho; EXCLUDING therefrom: That portion lying within the Ustick Road right-of-way, including in said excluded Portion, but not necessarily limited to that portion conveyed to the State of Idaho by deed recorded in Book 215 of Deeds at Pages 118 and 119, records of Ada County, Idaho. EXHIBIT A -Page 1 of 1 RT M i RT ~T RT ~ RT ~~ 3 Kr a ~.. ~R ' ` i Ii~i ! l ~ RT R1 ii~-,~ ` I j !i jjij ~ 1 '- ,- ii !i t' ~ i; ' f ,(- j ci o , i , ~ I i j t' i li. i~ .IiI, :'~i.il ii ~I'ij~~ ll; I;ij ii i ; ~ ,,, ;j,t, ~ jj ij II :;, , . , ., ~ ; , , J#~-$- iii RT t i i li-' j RT ~jj! ~ ' .. ~iiili id R1 j lilii;~ - R1 ~~~•;,; ~ RT RT 'I Ja ~ ~ T ~ ~ , R i! i IIIi~,i ~ 1~ ii i ` ~i' i ~ r i ! !j ~i!! -i ;slil! `' ~ ( ~ i RT i1~I !`!iiil RT ; ; ! `;~ ; ,! ,l ;, ' ~ . ~ ! i' " s ~' . ~ i . ~ i I r'~ C-3 !'~ ~ . ; ~© R1 R1M j ~ . . ; . » :«~~ _ , r BRIGHTON CORP. / USTICK ROAD ANNEXATION REZONE RESIDENTS WITHIN 300' John L. & Florence A. Banse J. L. & F.A. Banse, Co-Trustees 3280 N. Curt Dr. Meridian, ID 83642 89268000105 242 Meridian Place, Ltd. P.O. Box 7727 Boise, ID 83707-1727 S1106131220 03 ~g.~ ~`~ r~>~4;; 1 i 1~"~4 ~C„ Meridian Place, Ltd. P.O. Box 7727 Boise, ID 83707-1727 S1106131240 03 David J. & Constance M. Couch 395 E. Ustick Rd. Meridian, ID 83642 S1106222500 242 Murray L. & Raquel L. Hansen 375 E. Ustick Meridian, ID 83642 51106222510 242 David J. & Constance M. Couch 395 E. Ustick Rd. Meridian, ID 83642 S1106222545 242 Haven Trust Organization 2700 N. Meridian Rd. Meridian, ID 83642 S1106232727 242 Edward G. & Loretta Sweet 2640 N. Meridian Meridian, ID 83642 S1106232750 242 S~'a and John R. Ewing 1500 Eldorado, Suite 4 Boise, ID 83704 51106242990 242 McBirney Property Trust 1162 Bent Oak Ln. San Jose, CA 95129 50531336210 242 Dwayne E. & Laurene Skogsberg 3265 Curt Meridian, ID 83642 50531346806 242 The Myall Trust T.E. & B.C. Myall, Trustees 6227 Marlborough Dr. Goleta, CA 93117-1637 50531347000 242 Patrick C. & Sherry L. Self, Jr. 750 E. Ustick Meridian, ID 83642 50531347020 242 Patrick C. & Sherry L. Self, Jr. 750 E. Ustick Meridian, ID 83642 50531438450 242 William F. & Helene E. Snider 840 E. Ustick Meridian, ID 83642 50531438470 242 Brantley J. & Suzanne Doolittle 870 E. Ustick Meridian, ID 83642 S0531438490 242 Brantley J. & Suzanne Doolittle 870 E. Ustick Meridian, ID 83642 S0531438492 242 o ' David B. & Robin M. Fisher 1042 E. Ustick Meridian, ID 83642 S0531438700 242 Wanda L. Stewart HC 33, Box 1105 Boise, ID 83706-9702 51106120932 75 Helen V. Davis 585 E. Ustick Meridian, ID 83642 51106212410 242 DSN/mf/023.msc MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12. 1994 APPLICANT: BRIGHTON CORPORATION AND AGENDA ITEM NUMBER: 4 RUBBLE ENGINEERING REQUEST: ANNEXATION AND ZONING A ENCY CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: ~}~ i-1 ~ t t l 9 4 CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS ~~ O"~~ ~~ ~~"~~ ~~ BUREAU OF RECLAMATION: r ~ /"` Meridian Planning & Zoning April 12, 1994 Page 8 Crookston: Yes Johnson: Should we make an attempt to put it on our special meeting schedule? Crookston: That was my understanding that it would be on the special meeting on the 26th. Johnson: I would like a motion to that effect, if you are in agreement. Rountree: Mr. Chairman I move that we table or consider this item on our April 26th special meeting. Alidjani: Second Johnson: We have a motion and a second to table until our Special meeting scheduled for April 26th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: ANNEXATION AND ZONING BY BRIGHTON CORPORATION CORPORATION AND RUBBLE ENGINEERING: Johnson: I will now open the public hearing, is there a representative from Brighton Corporation that would like to come forward and address the Commission at this time? Gene Smith, 9550 Bethel Court, Boise, was sworn by the Attorney. Smith: Good Evening Mr. Chairman, members of the Commission, tonight I represent Brighton Corporation in this matter. I bring to you a request to annex and zone a 40 acre parcel of land that is located south of Ustick between Ustick and the south slough approximately mid way between Locust Grove and Meridian. Specifically the properties to the east and south of this proposed development have equal density. We are requesting an R-8 density. This Fothergill Point and Finch Creek both have the R-8 zoning classification. The development can be serviced by central water and sewer, the development of this property will cause Ustick Road right of way to increased from its present 50 foot to 70 foot. There has been only one comment from City Staff which Gary Smith commented on and that was, well there were several comments but only one needs to be commented on and that is the legal description for this annexation must include half of Ustick Road adjacent to the property. The description of the property is a government lot which automatically • n n- Meridian Planning & Zoning April 12, 1994 Page 9 goes to the section line. So it does include half the Ustick Road. Other comments, there were no other comments from City Staff, it is a pretty straight forward annexation and zoning. I do have a representative Mr. Mike Tanner from the Brighton Corporation here with me this evening if you should have any questions of either one of us. Johnson: Thank you very much Mr. Smith, any questions of Hubble engineers representative? Rountree: You indicated right of way on Ustick would be 70 feet, but I believe it would be 90 feet, 45 feet from center line. Smith: That is correct. Johnson: Any other questions? Shearer: I have a question, the surrounding subdivisions that are zoned R-8 were zoned with conditions I believe. I think the R-8 zoning was to reduce the lot size adn not necessarily make 8 units to the acre. I was wondering what kind of density as far as actually lots per acre that you anticipate in this? Smith: Well, we are still working on the specific site plan for the site. I would not expect it to be that dense. In conformance with the adjacent properties, we believe that it does or it would be compatible with the adjacent subdivisions at that zoning. Crookston: Along that same line, those other subdivisions were zoned R-8 but they agreed that they would only be single family subdivisions. Smith: That is my understanding. Shearer: Did we have a minimum house size on those too at 1350 or something like that. Would that be acceptable do you think, 1350 minimum house size. I believe that is in conjunction with the surrounding subdivisions. Mike Tanner, 12301 West Explorer, Boise, was sworn by the Attorney. Tanner: We will be, I will say Mr. Chairman and members of the Commission we will be consistent with the subdivision in the surrounding area. I think we are requesting an R-8 zone for a little bit of trade off at some density trade off, because the south slough traverses this property from east to west at the south end. We will be putting in a park like corridor through there, a green belt type area with a pathway and in i ~\ Meridian Planning & Zoning April 12, 1994 Page 10 ~~ doing that we will lose some acreage and I guess in attempting to make up for that the lots might be a little bit smaller and that is the request for the R-8, it will not be 8 units to the acre. Probably more on the order of 3.5 to 4 per acre. I think the density trade off there is the reason for requesting the R-8 zone. As to a minimum home size, f don't know. I have to be honest I don't know what your minimum requirement for a home size on an R-8 or under this particular circumstance wouldn't want the r-8 to apply necessarily because as I say to will be much greater than that, but I don't know what the minimum is. Smith: My understanding would be that it would be a requirement at the time of preliminary plat. Johnson: It would be, this is just annexing and zoning. Tanner: I simply would state that I wold want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way. And so 1 will make that statement to the Commission. Johnson: You may wish to review the actual conditions put on those neighboring subdivisions that that you are aware when you submit your preliminary plat kind of what we are looking for. Than you, this is a public hearing, anyone from the public like to address the Commission on this application? Seeing none then I will close the public hearing. Need findings of fact. Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: We have a motion for the City Attorney to prepare findings of Fact and Conclusions of Law for Brighton Corporations application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Johnson: I will now open the public hearing, is there a representative of Dakota Ridge Estates, will you please come forward and address the Commission at this time. MERIDIAN CITY COUNCIL MEETING: August 16 1994 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 4 REQUEST AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BEDFORD PLACE S~JBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW OTHER: i ~ ~~\ BEFORE THE MERIDIAN CITY COUNCIL BRIGHTON CORPORATION ANNEXATION AND ZONING GOVERNMENT LOT 3, SECTION 6, T. 3N., R. lE., B.M.. ADA COUNTY, IDAHO MERIDIAN, IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 7, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the CITY COUNCIL having heard and taken oral and written testimony and the Applicant appearing through Gene Smith, and having duly considered the matter, the CITY COUNCIL made findings of fact and conclusions of law; that the Applicant requested at the City Council meeting on August 2, 1994, to have the matter reconsidered, which the City Council did, and upon a three to one vote decided to amend the findings of fact and conclusions of law, and therefore the City Council presents the following amended findings of fact and conclusions of law: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for June 7, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 7, 1994, hearing; FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 1 s ~ that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that the Applicant asked for reconsideration of the findings and made a presentation at the City Council meeting on August 2, 1994. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 40 acres in size; it is located between Locust Grove Road and Meridian Road and being approximately 1,320 feet east of the intersection of Meridian Road and Ustick Road. 3. That the property is presently zoned by Ada County RT (Rural Transition) and the proposed use is requested to be for R-8 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not, as of the date of application, the owner of record of the property. The owner of record is Helen V. Davis, who has approved of the annexation and zoning request. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 2 Area is defined in the Meridian Comprehensive Plan a 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for one house and for agricultural use; that the applicant indicated that the intended development of the property is for an R-8 type subdivision use; that the Applicant did not submit a request for approval of a subdivision plat at the time of submitting the application for annexation but has now submitted an application for subdivision approval, known as Bedford Place Subdivision; that the density is shown to be 3.87 units per acre; that the Applicant stated that there would only be single family dwellings and would be similar to the surrounding subdivisions which are zoned R-8 and have agreed that there would only be single family dwellings; Mike Tanner, representing the Applicant at the Planning and Zoning hearing, stated that Applicant would be putting in a park like corridor through green belt type area with a pathway; he also stated that he "would want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way."; that Mike Wardle represented the Applicant at the City Council Hearing and he stated that they desired to have dispersed housing with houses varying from 1,100 square feet to over 1,300 square feet and that such was needed to provide all income groups with affordable housing; that he stated that the lots would be a minimum of 6,500 square feet and the frontage would be a minimum of 65 feet; that there was no park FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 3 .--~ land or recreational facilities mentioned for the project and no school site. That at the August 2, 1994, City Council meeting Mike Wardle stated that many of the lots in the proposed subdivision range up to the 10, 12 and 13,000 square feet; there was comment by Councilman Tolsma about a ten foot easement area along both sides of the collector street that goes into the subdivision from Ustick; Mr. Wardle commented that the greenbelt could be in the covenants and maintained by the home owners association; that Councilman Corrie discussed the size of the houses and stated-that he did not have a problem with the R-8 zoning if the house size was going to be 1,400 square feet; that David Turnbull commented that he could have one-half of the houses being over 1,300 square feet and one- half being 1,400 or larger, or as an alternative that all houses be 1,350 or larger; that there was comment by Councilman Morrow, that this is not an infill project or a hardship and that if the City decides to certain standards and that the development community needs to live up to them without compromise by the City. 10. There was one property owner in the immediate area, David Couch, that testified objecting to the application; his objection was that the lots were too small, that the lots were not compatible with the surrounding lots, many of which were used for agricultural purposes and many were one acre sized lots; that the larger lots needed to be buffered from the smaller lots to protect the rural land use; he stated that the two properties to the ease and west FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 4 ;r"~ n are currently being used as agricultural land and that 6.7U of the Comprehensive Plan required a buffering; and that Chief Joseph School was full and cannot accept more children. That the Comprehensive Plan under LAND USE, Section 6.7U, it does state, "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 11. That Don Bryan, an owner of property on Locust Grove Road testified that he agreed with what Mr. Couch stated; that the City of Eagle controls for an open area; that open irrigation ditches are a problem for farmers and they are less of a problem if they are tiled; and that there were school problems. 12. That David Turnbull,. a principal in the Applicant stated that they were designating a school site in the area and contributing land for the golf course; that the house size would be a minimum of 1,200 square feet; that they would fence the perimeter of the project; that they would instruct the realtors about the adjoining agricultural uses and put restrictions in the covenants about the agricultural uses adjacent to the property; and that the subdivision would all be single family dwellings; in response to questions he did state that the school site they were giving was on Chinden Boulevard and near Eagle Road and that the recreational property he had stated they were working on was in the City of Boise. 13. That the property is in an area marked on the Generalized FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 5 ~ n Land Use Map of the Meridian Comprehensive Plan as a single family residential area; that in the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer if the Applicant extends the lines. 17. Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian School District, the Central District Health Department, and Nampa Meridian Irrigation District did submit comments and such are incorporated herein as if set forth in full. That the Meridian .Planning Director did submit comments which were that the application complied with the Meridian Comprehensive Plan; the City Engineer commented that the Onweiler Lateral and the South Slough course through the property and will need to be continued with any development; the Ada County Highway District did not submit comments, but when they are received they shall be incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW pAGE - 6 BRIGHTON CORPORATION - BEDFORD PLACE 18. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2j family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 19. That there have been. other subdivisions in the area zoned R-8; in Cougar Creek the density is 3.5 dwellings units per acre but most of the lots have at least 150 foot depths, approximately; in Chamberlain Estates the density is 2.88; in Fothergill Estates Subdivision the density is 3.7 units per acre but the lots are from 7,000 to 19,000 square feet; in Rock Creek Subdivision the density if 3.5 units per acre but all of the lots have at least 9,000 square feet; that most of the lots shown on the proposed plat of Bedford Place, the subdivision on the property which has been applied for, are at a minimum square footage of 6,500; that there are some that are larger than that but not too many more than 7,500 square feet; that almost all of the land surrounding the land in the application has been zoned R-8. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 7 ~ n 20. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 23. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 24. That there is a population influx into the City of Meridian at the present time which has been going on for some time FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 8 n and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 25. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 26. That in prior requests for annexation and zoning in this area the Zoning Administrator has commented that annexation should be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement. 27. The Meridian School District, in prior comments to annexation in this area, commented that there is no excess capacity in the schools of the District and that residents of new subdivisions could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political FINDINGS OF FACT AND CONCLUSIONS OF LAW pAGE - 9 BRIGHTON CORPORATION - BEDFORD PLACE /'~ ~ subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 10 wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 11 n 34. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 35. That proper notice was given as required by law and all procedures before the CITY COUNCIL were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the CITY COUNCIL has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 12 n n Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, Brighton Corporation, and the annexation is not upon the initiation of the City of Meridian, but is at the request of the City Planning Director. S. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements, 11-9-605 M, Piping of Ditches, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 13 that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in an area marked as a single family residential area, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies; but the land does border rural farms or ranches and those farms and ranches shall be buffered and the subdivision covenants shall let the home owners in the proposed subdivision know that the farms and ranches are there and that agricultural uses will, or may, be continued; that this matter shall be addressed in the development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 14 12. That the development of the property of the property, as shown by the proposed platting of Bedford Place Subdivision, is comparable to other subdivisions in the immediate area; that the development of the property, as shown by the proposed subdivision application for Bedford Place would be comparable to the other subdivisions in the area; that the City has approved many subdivisions with R-8 zoning but in this area they have been at an R-4 or less density; that the total density for this subdivision is 3.87 units per acre. 13. Therefore, based on the Application, the testimony and evidence, the Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-8 and that as a condition of annexation this minimum house size be 1,400 square feet; that the conditions should be those stated above; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met; that the Applicant shall place a 10 foot green belt easement along both sides of the entryway road into the subdivision to be maintained by the home owners association. 14. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 15. With compliance of the conditions contained herein, the FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 15 annexation and zoning of R-8, Residential would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED 'eS COUNCILMAN CORRIE VOTED~S COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 16 .~ /'~ DECISION The Meridian City Council hereby approves the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system, and have only houses of 1,400 square feet or larger built on the property, as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION : !J/~/r APPROVED: ~C~' ` DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION - BEDFORD PLACE PAGE - 17 ~i~1 MERIDIAN CITY COUNCIL MEETING: June 7.1994 APPLICANT: BRIGHTON CORPORATION AND AGENDA ITEM NUMBER: 17 RUBBLE ENGINEERING REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING FOR BRRGHTON CORPORATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ Y ~~ L ~~k OTHER: Meridian City Council June 7, 1994 Page 27 MOTION CARRIED: All Yea Kingsford: The next item then would be to approve the conditional use permit. Yerrington: So moved Morrow: Second Kingsford: Moved by Max second by Walt to approve the conditional use permit for Melody Farnsworth, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: ANNEXATION AND ZONING BY BRIGHTON CORPORATION: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Mayor, members of the council, we appreciate the effort of the staff of the Planning and Zoning Commission to bring this project forward through the process to the Council. A hearing was held approximately 2 months ago for the initial annexation and zoning request for a 40 acre parcel approximately 1/4 mile east of Meridian Road on Ustick Road, a parcel previously owned by Helen Davis which is now under the ownership of the Brighton Corporation with Mrs. Davis having a life estate for her dwelling that exists on that property. The Planning Commission on the 12th of April presented and approved findings of fact and conclusions of law relative to the request. Last week the Planning & Zoning Commission reviewed and approved a preliminary plat for which recommendation is being forwarded to the Council at a meeting a bit later. There are several issues we would just like to comment on that are represented in the findings of fact and conclusions of law. The first being item #9 of the findings that centers around the discussion of the annexation hearing concerning the green belt corridor along the south slough or Finch Creek as Nampa Meridian Irrigation District likes to refer to it. The City of course has been working for some time on a pathway system and has so designated those facilities and intent in the Comprehensive Planning effort. The plan that, and I would just like to present the concept here not for specific discussion of the subdivision but just the idea of what is being proposed by Brighton Corporation for improvement and relocation of the Finch Creek. The plan that has been proposed for this pathway system not only preserves but will open and enhance that pathway. In projects to the east the pathway system essentially is in an /'~ Meridian City Council June 7, 1994 Page 28 easement area between the backs of lots. What Brighton is proposing and we have presented to Nampa Meridian in concept form and they seem agreeable subject to preparation and approval of a license agreement is that the back lot line of Fothergill subdivision which has been platted immediately to the south. Will be provided a link in its roadway adjacent to that then the relocated Finch Lateral. All of this within the prescribed 80 foot easement that the Nampa Meridian Irrigation district has. What distinguishes this from the other projects is that then the public roadway system would be adjacent to that so that it is open. It is not enclosed through this particular project, obviously it will be on the south side, but the north side will be open and it will be enhanced in the sense that there will be landscaping improved areas along that lateral, subject to the conditions of Nampa Meridian but the dirt line of the trees not over hang the lateral itself and we have, this shows a mature tree 50 foot diameter bloom and that particular kind of a tree system can be provided along that lateral without overhanging the water itself. And that was the concern of the Nampa Meridian. The homeowners association will maintain that particular system. What 1 want to clarify in the particular finding item #9, it spoke to testimony given and the way it is written it suggests that the developer had committed to put in that particular pathway system. The only qualification that we need to give to that is one that I heard here a bit earlier this evening and that is there still seems to some negotiation ongoing between the City and Nampa Irrigation district whether or not such a pathway system will ever come to be. We definitely will provide the corridor and the facility and make the improvements but there would not be a commitment to put the pathway system unless there is physically a facility to which this would connect. Now what we have done with the Ada County Highway district is suggested to them that if in fact a pathway system were installed that there would not be a sidewalk on the southside of that roadway, that he pathway system would serve that particular function. There would be sidewalks on the north side and that seems to have been acceptable to them. So the qualification is simply that the area will be there if in fact there is a system to be connected to, then there would definitely be consideration on the part of the developer to work with the City of Meridian to implement that particular program. Findings of fact item #16, speaks to residential dwelling size it doesn't specifically state in the findings but it was our understanding at the Planning & Zoning Commission they put at the annexation hearing and certainly at the preliminary plat review last week they stipulated that there would be a 1350 square foot minimum dwelling size in that particular project. That is not identified in the findings of fact, but regardless what we are asking and we asked the Planning & Zoning commission we would be asking the City Council when the plat arrives as well, but to apply the provisions of zoning ordinance section 2-411 D 2, found on pages 50.7 and 50.8 of the ordinance that speaks to allowing a variety (End Of Tape). That particular section where the ordinance states that you can through dispersal of a variety of sizes has a mixture of dwellings, 10% in the range of a 1000 to 1100 feet, 15% in the 1100 to 1200 square foot, 25% 1200 to 1300 square feet and 50% at 1300 or more square feet. One of the reasons that we look at this and I think perhaps even your staff is finding a request coming to the ~ ~ Meridian City Council June 7, 1994 Page 29 City in an R-8 zone which is the most dense of the single family zones to provide housing opportunities for something less than a 1300 or 1350 square foot dwelling. I think back to the first home that I ever bought, it was when we had 2 children, 1175 square foot home that we thought was pretty big at that point, not in the way that we have grown since. That home had 3 bedrooms, a bath and 3/4 and it was very adequate for a family of that size as you are getting started. In looking at the housing policies in the City's comprehensive planning effort, it talks about a goal of diversity of housing types. In that particular section of land there are the James Court apartments, and then if what I have heard is true most of the rest of the developments are being required to develop a 1350 square foot or more. Going on through the other goals and policies of the housing objectives, one speaks to providing for all income groups, and we would again suggest that the application of this referenced section of the zoning ordinance will certainly open up and provide a bit more diversity and an opportunity for more income groups. We understand the ordinance and would comply to intersperse those smaller units through out and so note on the plat as the ordinance requires. The final comment that I would make and perhaps Mr. Turnbull of the Brighton Corporation may wish to speak to some of these as well. Item #23, of the findings of fact speaks to the development agreement issue, part of which has been discussed here this evening and this is a bit of a new effort on the part of the City. I think we are all going to learn a great deal before the process is over. It speaks to the previous zoning administrators comments for development conditions for impact fees for schools and parks or police and fire protection. However, the findings of fact are inconclusive as to whether they will actually be applied or what the formula would be. There is not currently in effect such an ordinance or a fee. it is our understanding that without those provisions in place this verbiage is advisory but we are concerned and would request clarification of how that particular finding and the conclusions identified in item #9 relative to the development agreement really apply when there is not such a fee structure in place at this point. So that is the point of clarification that we seek, not certain that we can do it over the dias this evening but we certainly need to understand what your objectives are so that a development agreement can properly address those. I would respond to any questions the Council or Mayor may have at this point. Kingsford: Mike,. in visiting and maybe (inaudible) but his comment was and I think the Council should know is that he doesn't plan to make any 1000 square foot or 1100. I think you were talking about 1200 and up. I think the Council should be aware of that and it should be in the minutes, either you or Dave like to address that. Wardle: You are referring to the diversity that the ordinance does allow and since we would have to identify on the plat where those lots would be and what minimum size they would be it would certainly have to come back for review and approval. Kingsford: I just think it would be a good idea in the minutes if you could speak to the fact Meridian City Council June 7, 1994 Page 30 n that the developer was signifying that there was not going to those lower than 1200 square feet. Wardle: That is up to the developer I guess. Kingsford: Any questions for Mr. Wardle? Yerrington: What is your square footage of your lots? Wardle: These particular lots are to be 6500 square foot minimum. Yerrington: What is your frontage size? Wardle: 65 feet, the plat will conform to where there will be bulbs and a flag lot or 2 they will conform to the minimum requirements of the ordinance. Morrow: Do 1 understand you to say you have some flag lots in this project? Wardle: One flag lot, Mr. Morrow, but that will come to you in the form of the plat itself. Morrow: Okay, a word of caution here, having, at the current time in my own private business is struggling through problems with flag lots I think that there ought to be some real speck criteria with respect to view quarters, fencing requirements and those things ought to be clearly spelled both on the plat and in the covenants and restrictions. The one issue that I am currently involved in is a real mess, and it is a mess because the development community did not properly do their work and spell out the conditions by which the adjoining neighbors could fence and the rights and privileges of the owners flag lots quite candidly. After going through this experience my preference would be that we don't see any flag lots period because of those issues and those problems. And so i think from what I will see or I will look at when this proposal comes to the final plat portion is some really rigid criteria with respect to if there is going to be a flag lot with how it is handled. I think the issue with respect to the couple of comments with the impact fee, as part of the committee that is working on those I think the impact fees when they are adopted will be collected at (inaudible) building permit so that I am not sure what the Counselor has in the findings of facts and conclusions but our direction is to go at point of building permit. My final comment in terms of, and I will make the comment with Councilman Corrie's permission, because I think his comments that he has left with us reflect somewhat my own. I think the diversity of housing that we are maybe looking for in Meridian is a little upscale housing that is $250,000 and up. We have a ton of housing that is 1100, 1200, 1300 square feet within this City and quite candidly from my perspective in terms of paying for City services, let's be quite candid those projects are Meridian City Council June 7, 1994 Page 31 usually are people intensive and not very tax intensive consequently. We have to have something on the other side that balances to help off set the cost of providing those services. So, I think diversity to me means I am not totally interested in (inaudible). I am more interested in seeing R-4 and up. I understand from your standpoint diversity is 1100 through 1350, I think those comments also reflect what Mr. Corrie was trying to get across to us in his absence. I think I am commenting for both myself and he. Wardle: Mr. Mayor, Mr. Morrow, I understand that, yes~we are looking at this project in harmony with others being annexed and zoned within that particular section. Certainly the challenge before the City is to implemen# the elements of the Comprehensive Plan to create that overall diversity, but this particular piece is bounded on 2 sides currently by the R-8 and appropriately we believe this one should be R-8 as well, regardless of the restrictions that may be placed. Morrow: t have one final comment. with respect to the greenbelt pathway, I think the concept that you have there is a good concept. I do recognize that the problem historically has been with Nampa Meridian, but I think we may see some help with that evening is over. Wardle: Thank you very much. Kingsford: Anyone else from the public? David Couch, 395 Ustick, was sworn by the City Attorney. Couch: I would like to address 3 items if I could, hopefully it is appropriate to address lot size being as that is what you were just talking about. It has been stated that they are, Brighton Corporation is trying to conform with subdivisions in the existing area, if l could I would like to hand out an item to you. This indicates the subdivision within a quarter of a mile of this proposed subdivision. The map on the back shows you the density of the subdivision in the 1/4 mile boundary of the proposed Bedford Place Subdivision. Those are subdivisions, the lots per acre range from 2.88 to 3.57. Now some of these are proposed and some are recorded. Bedford Place, 153 lots is 3.87 lots per acre, that is higher than any of the surrounding subdivisions proposed yr recorded. There is a subdivision to the northeast, Locust Grove and Ustick, that subdivision has 74 lots, 3.41 lots per acre. Across the street from this proposed subdivision is Weber acre (inaudible). Those are approximately 1 acre per lot,the surround ne area. Second itemfe would I ke to lot size should be larger to conform to 9 address is in the Comprehensive Ptan of Meridian, on page 29 under land use, 6 rural lands, 6.3C, it states that within the Meridian Service Planning Area development may occur in densities as low as 3 dwelling units per acre, if physical connection is made to Meridian City Council June 7, 1994 Page 32 n existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County zoning and subdivision ordinance policy. 6.7U. which is more of a personal nature, 1 am a property owner to the west, existing rural, residential land uses and farml ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques including interface transitional densities and the increased setbacks to protect rural land use. The 2 properties to the west and to the east currently are being used as agricultural land. This addresses a buffer zone to protect rural type, farm type ground. When I bought my property it was basically listed as a mini ranch, so 6.6 acres is a residential type agricultural, grazing that type of a use that is to the west. The last item is on that map you can see that Chief Joseph is a little more than a 1/4 mile away from that proposed subdivision. It is my understanding that the school is full, any people moving into this subdivision probably assume that they can send their children to that school. I think there is going to be a rude awakening there, I don't think they can do that. I think they are going to have to be bussed someplace else. Those are my comments, thank you. Kingsford: Anyone else from the public that would like to offer testimony on this issue? David Turnbull, 12301 West Explorer Drive, was sworn by the City Attorney. Turnbull: I just wanted to make a few comments, as for our commitment to schools and other public facilities, Mr. Mabe did send a letter in which he did talk to me about and he is advising me he is working on a solution for schools what tenants area this project will go into. But assured me he would work on it to get that worked out. Obviously there are bussing situations throughout the Meridian School District. As far as our commitments to schools, we are donating the school site in the area and I don't know too many developers that have done that. We are also in one of our projects donating as much as 25 additional acres to public use facilities such as the new YMCA facility. You wilt see an application before you shortly on the expansion of the Meridian Golf Course which we are expanding the original design from some 35 acres to an additional 30 acres for a total of 65 acres. We weren't prodded into doing that we weren't cajoled into doing that what we did was we took a look at the existing plan and decided we wanted to get professional design involved and went out and found a golf course architect. I must admit when he came back with the plan and I saw the additional acreage I choked a little bit but it did make an excellent golf course design. So, I don't think that we scrimp with the city of Meridian. What we are looking to do on this project when Councilman Morrow talked about diversity of housing types, mentioned that we have done a project called the Landing which we would have been allowed to 1000 square foot homes but we voluntarily limited the minimum to 1300 square foot homes. In fact there are homes in there as high as 2400 square foot homes. But this is an R-8 zone, we do recognize the need for some diversity of housing, I have heard from the building community and from the buying community and also from the Meridian City Council June 7, 1994 Page 33 planning community how difficult it is to find an entry level home to satisfy the economic diversity. Would that all homes are 2500 square feet and everybody could afford them, that is not the reality. In fact those home account for a very small portion of the market and we don't want to be considered as trying to force all of that market into Meridian but our Golf course project again will have some of the most upscale housing in the City of Meridian. So we are trying to provide for diversity of housing. 1 will let Mr. Wardle handle any rebuttal comments but I will open it up to questions from the Mayor and Council. Kingsford: Would you address that issue. Turnbull: I am not interested in necessarily putting in the minimum down to 1000 square feet and 1100 square feet. My concept is that we would limit it to those percentages that would be allowed for 1000 square feet or 1100 square feet that we would voluntarily limit that to 1200 square feet. And then the percentage required to be 1300 square feet and above would be dispersed throughout the project. Morrow: So does that mean that 50% of the homes would be 1200 to 1300 square feet and the other 50% would 1350 square feet and above, is that what you are saying? Turnbull: I think 50% would 1200 to 1300 and 50% would be 1301 and above and that obviously would be the minimum. It could be greater than that. Morrow: To address Mr. Couch's comments with respect to he apparently has an agricultural parcel in the very recent past with Salmon Rapids and Los Alamitos subdivision we put into effect in both of those subdivision or at least Salmon Rapids, was required to put in very speck types of improvements and very specific types of language witriin the covenants and restrictions recognizing the rights of those folks to pursue agricultural pursuits. Recognizing their rights to utilize pesticides, herbicides, the fact that weaning calves and those types of things make noise. The harvesting of hay and those types of things make noise and are not necessarily at businessmen's hours. Screening in terms of lights, in essence what we recognized or required the subdivision to recognize both at the realtor point with the buyers and at the developer point with builders was the things that constituted agricultural usages and the fact that they pretty much existed and they were not going to be impacted by buyers of subdivision houses. I think at the very least Mr. Couch has indicated his displeasure with the lot size, the R-8 zone. There is not a lot we can do about that, but what we can do is recognize his rights as an agricul#ural mini farm or mini ranch whatever it may be and I think that you would be required to make the same commitments that Mr. Goldsmith had to make with respect to Kachina Estates. Turnbull: Which was? Meridian City Council June 7, 1994 Page 34 Morrow: Fencing, notification in covenants, and restrictions of the agricultural uses, not cation of realtors to buyers of the agricultural uses and what agricultural uses means. Turnbull: Well we stated in Planning & Zoning Commission we would be fencing the boundary between our property and Mr. Couch's property. f don't have any problem with that I don't have any problem with placing a statement in the covenants, conditions and restrictions relating to the pre-existing agricultural uses. I have no objection to notifying realtors although you probably know Mr. Morrow how difficult realtors are to control and I can't make a blanket promise as to what they will and will not do, but we can surly instruct them. Tolsma: (Inaudible) Tumbull: People do drive by the property and know when there is a farm there, they are not going in with tunnel vision, and only seeing the project itself I'm sure. Your point is well taken. Morrow: I think the other issue with respect to the fencing, what we required and what we approved is a chain link fencing with metal inserts. So, that burning of fence rows and ditch lines as per normal agricultural practices didn't burn a wood fence. That is something that you also will need to be aware of. That is a commonly accepted agricultural practice. Turnbull: I have no problem with that unless it was decided by the joining parties that a wood fence was more desirable and I would like the latitude to go that way, but that would be between Mr. Couch and ourselves. Kingsford: To go further, I think that the fence ought to entail all the other agricultural area around and not just Mr. Couch. Those folks not represented here tonight ought to have the same protection. Turnbull: Mr. Couch is to the west, to the south is under development currently and I believe there are applications at least on a god portion to the east. And we would be providing a fence along Ustick Road, along a 20 foot landscape corridor. Kingsford: Any other questions for Mr. Turnbull? Counselor? Crookston: Yes, you indicated that you are dedicating a school site in the area, where is that? Tumbull: It is in the Meridian School District, it is bordered on Chinden and Eagle Road. Meridian City Council June 7, 1994 Page 35 Crookston: On Chinden and Eagle Road? Tumbull: Yes Crookston: That is some difference from this area. Tumbull: Right, I am making the comment that I tried to do my part, in fact I am chairing the committee that is, I have been asked by the Building Contractors Association to chair a committee in which wilt involve various government agencies and associations from the private sector to look into the school funding issue. To look directly as site acquisition for schools and other avenues of school funding. I guess my basic comment is that I am trying to do my part and be a good citizen and a good developer. This year we will dedicate some 90 acres to the public sector. I can't do that in every project. Crookston: I appreciate that, but it sounded like you were saying such that it would alleviate some of the problems at Chief Joseph, but that site at Eagle Road and Chinden would not help Chief Joseph because that is in another school district or attendance zone. Tumbull: Obviously the school district is looking for school sites in each section as they go along they already have one in Chief Joseph, I'm sure they will be searching out other school sites in the various sections surrounding that property. I might add I have gone to the school district on every project of consequence tha# I have done and we do quite a few projects of consequence and offered them to an opportunity at a school site. We did that in the Landing subdivision, in Walden Pond subdivision, which is an Ada County subdivision. So we have tried to work closely with the Meridian school district and I believe Dan Mabe were here he would tell you that we have been good citizens and good developers in that respect. Crookston: I am not disagreeing with that I am just indicating that, the apparent and immediate problem is that Chief Joseph, because they have submitted a letter in another annexation and zoning to the city to say they can't approve that because there are going to be so many kids at Chief Joseph. I appreciate what you have done, I am not trying to belittle you in any fashion. I am just saying the problem the City has evidencing is around Chief Joseph. The other subdivisions that have been approved in that area for R-8 have agreed to limit them to single family units, do you agree to do that. Turnbull: Yes, this would be single family dwelling units only. Morrow: I have a follow up question, you indicated there was a 25 acre site for some sort of recreational purposes, that would not be impacted by this that is in the City of Boise. n Meridian City Council June 7, 1994 Page 36 Turnbull: Yes it is, but it is the Meridian School district. Morrow: But not in the City of Meridian. Kingsford: Other questions for Mr. Turnbull? Anyone else from the public that would like to offer testimony on this issue. Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: Well, I agree with everything Mr. Couch has to offer on his comments. I have no problem with this subdivision in the sense that we make the minimum requirements and its seems like everything going in out in not only that section but the surrounding sections which directly impact me with all the traffic, schools and irrigation problems and what have you. And it seems to me that they are all R-8 and they are all stacked in there like chord wood and they are all creating problems. Now we come with yet another development, yet a new development and he wants to get variances to make it even more compact and dense. And get variances to get the smaller units put in there to get more houses in there. 1 don't know if there is an answer to this, you can't tell people what to do with their land and you say you don't have any control on what they can do, R-8, R-4 or whatever it is. 1 don't understand that part of it in the planning and zoning. The City of Eagle doesn't have any trouble keeping it open spaces and higher end development and low density development, I was just wondering why we don't have any control over our situation. Why we have to keep building and building out in that area without the roads keeping up. They are projected to be improved down the road and a lot of projects come on line but it is just going to be too little too late. Another concern I ave is with the open irrigation ditches and everybody wants greenbelt and path ways, and they are nice to see. and look at and play around and they are a problem with the irrigation district and a problem for the farmers out there using water. All the landscaping and trees and the lawn that gets mowed and everything ends up in the ditch. As projects get developed and they get tiled there is less problems after they are tiled because they are confined into the designated routes. Everybody knows about the school situations, I just think it is kind of silly to put more and more out there at chief Joseph (inaudible). That is all I have. Kingsford: Are there any questions for Mr. Brian? Thank you Don, anyone else from the public? Seeing none 1 will close the public hearing, Council members. 1 will open the public hearing. Wardle: Mr. Mayor, just 2 comments, when we started the planning on this particular project, we were provided a copy of the preliminary plat for the Fothergill Pointe subdivision which is immediately to the south. Now it has been brought to our attention that when they got into the final platting that they in fact provided some larger lots. But the ~ ^ /~ Meridian City Council June 7, 1994 Page 37 plat that was approved by the City as we understand had in fact lots adjacent to this parcel on the immediate south side that were 65 feet by 105 feet in depth. This is where we started our initial planning, the concepts that were developed we are looking at particular projects, obviously the final platting effort they have gone through have apparently changed that. I have not seen those plats. A couple of other features about some of those adjacent subdivisions that create larger lots, if you look at a lot of lots in projects to the east for instance they have provided for the continuation for the South Slough and the Orr+veiler Lateral through easements at the backs of lots. Which necessitates substantially larger parcel. In this particular case we have worked again to preserve and provide an easement in an open area for the South Slough. The Onweiler Lateral, the Nampa Meridian irrigation district has agreed with the concept of placing that at the front of the lot parcels so that through the license agreements that the easements that they have can actually be taken care of and the roadway which will be adjacent to it. And would avoid the problems of having landscaping and fences and other improvements in backyards over the top of that lateral. Which comes. in and runs right along this roadway. So, we have not placed in lots the areas that have been preserved for easements both for the laterals as well as for the pathway system, but in fact have taken those out and substantially therefore have smaller lots proposed. There are no variances requested, we have not requested any variances relative to this application. The issue really tonight is does the City of Meridian choose or is the City willing to annex the parcel, and if it is willing to annex it does it apply the R-8 zone which is contiguous zoning and allow the platting process to stand separate and alone, that will be forthcoming. The only thing that might be taken as a variance that was stated by the previous testifier is the request that we made for the application of the existing ordinance provision that allows a variety of the housing sizes. That ordinance is in place and is not a variance it is simply and application through a #ormula. If we do stipulate that part of that formula will not be on the lower end I don't believe that constitutes a variance. I think that is simply application of existing ordinances. That is all 1 have to say Mr. Mayor. Kingsford: Having re-opened the public hearing is there anyone else that would like a second crack at us? I will close the public hearing, Council members. Morrow: Mr. Mayor, it would appear, I would ask the counselor it would appear to me based on the testimony that we probably need amended findings of fact. Crookston: There has been testimony that was not heard at the planning & zoning level. So I think amended findings are appropriate. Kingsford: Entertain a motion to that effect. Morrow: So moved { r ~\ ~~ Meridian City Council June 7, 1994 Page 38 Tolsma: Second Ingsford: Moved by Walt, second by Ron to have amend findings prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES, 135 LOTS BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Kingsford: I will now open the public hearing and invite the owner or his designee to speak first. Steve Bradbury, 300 North 6th Street, Boise was sworn by the City Attorney. Bradbury: Mr. Mayor, members of the Council as Mayor mentioned this is an application for annexation, a rezone from the current designation of RT to the City's designation R-4 and preliminary plat approval. If you have the plat in front of you, you see it is 135 building lots on 41.5 give or take acres which results in a 3.25 dwelling unit per acre density. This project is located near the corners of Ustick and Ten Mile, south side of Ustick between Ten Mile and Black Cat. It is proposed City water and sewer, standards underground utilities, public streets which would be built to ACRD standards and of course dedicated to the Highway District. I have reviewed the findings of fact and conclusions of law which were adopted by the Planning & Zoning Commission with the developer and the developer is willing to comply with those proposed findings in all respects. Mr. Roylance the project engineer is here and can answer any technical questions that you might have. The developer Andy Bryron is also here in the event you wanted to get a crack at him. Since the hour is already getting late I will not talk about a lot of things that you may or may not want #o talk about and simply respond to questions if you have any. EGngsFord: Any questions for Mr. Bradbury? Thank you very much, anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: I have questions of Gary and Shari with respect to their comments. Ingsford: Counselor, it has been brought to my attention that it might be a good idea to swear staff as well Crookston: That is true. ~ ~ ~~ ~~ MERIDIAN CITY COUNCIL MEETING: June 21.1994 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: G V'~ ~' G ti~ ' ~~ ~/ OTHER: Meridian City Council June 21, 1994 Page 2 Presentations until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BRIGHTON CORPORATION ANNEXATION AND ZONING REQUEST: Kingsford: Gouncil members have you dealt with those findings and are they satisfactory? Morrow. t have, I would move that the findings of fact and conclusions be adopted as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law for Brighton Corporation as written, roll call vote. ROLL CALL VOTE: Morrow -Aye, Corrie -Aye, Tolsma, Aye MOTION CARRIED: All Yea Kingsford: Direction Counselor, with regard to those findings now, since they are contrary to the annexation request, the zoning request, what is the direction? Crookston: The conclusion is to request the applicant to submit a statement that he will develop the property as R-4 residential and meet the standards of the R-4 district until that is submitted to the City defining state that there should be no annexation so you can table it until that is received or if it we get a letter saying they are not going to do it than you can have a motion to deny the application. Kingsford: Mr. Turnbull, would you have any questions about that, we will be providing you copies of those findings now that they are approved. They basically state that the Council is not inclined to grant an R-8 zone. Turnbull: I guess my question is just points of procedure and 1 could probably take that up on staff outside this meeting. Kingsford: Certainly, if it is your desire to go ahead with that particular zoning we will make every effort to schedule that as early can legally be done. Turnbull: I guess my point it`s not, everything around us is R-8, I guess I am wondering Meridian City Council June 21, 1994 Page 3 that is the treatment we are receiving. Kingsford: Certainly, if the Council wishes to respond to that or if they wish to individually with you or whatever, it is their findings. Tolsma: It is spelled out fairly well in the findings themselves, all the lots around there even though they are R-8 the lots sizes are from 9,000 to 1 think 15,000 square feet and the houses are also substantially bigger. Turnbull: I think I can show otherwise if it is a matter that could be tabled and reconsidered after further input then I would appreciate that opportunity. This comes as a surprise to me, not having been privied to the findings of fact that were prepared and having been approved by Planning and Zoning Commission and not to mention a number of other things. 1 guess, all I would say is it is a total shock to me and I don't understand why. Cowie: Mr. Mayor, (don't find why you vuould think it is a total shock to you, we have been up here now for the last, I know I have, for the last 6 months to a year saying we have enough R-8's. The Council has made the same response, I just understand where you are coming from that says this is a total surprise to you. I think we have enough R-8`s and that small home and I for one have told many developers that I don't want anymore R-8's unless it is absolutely necessary or something enclave or something of that nature. We don't need anymore 1,000 square foot home in Meridian. Turnbull: I didn't propose to do any 1,000 square foot homes. Cowie: Well you could have. Turnbull: No, I think I told the Council at our hearing 2 weeks ago that I wouldn't propose doing anything under 1,200 square foot homes. Cowie: Now you have to go to 1400 square foot homes. Turnbull: The ordinance has changed since the last application, the last R-4 I did we would have been allowed 1,000 square foot homes in that, but we provided everything between 1300 and 2400 square feet even though we were allowed smaller sizes. That is all we have done in Meridian, we have done the golf course project that is going to be larger homes and. Cowie: I think that is admirable, (think that is a good point. 1 think the other contractors and developers had (inaudible) of what is happening tonight, they should take knowledge /'~ Meridian City Council June 21, 1994 Page 4 of what is happening tonight that 1 think the Council, at least I am going to stick with the R-4 now. I don't know as we move out of the core of the city and get into the other areas. I for one feel that we have enough R-8 s and evidently the Council agrees, so I am sorry that you feel that it is a surprise to you, but I could see it coming a Tong time ago and I am not a developer. Kingsford: Mr. Morrow, do you have any comments? ou s oke last time at your presentation Morrow. I think my comments would respect to, y p a couple of weeks ago, I think quite candidly the diversity of housing we have in Meridian now is tremendously loaded toward the bottom side. We need much more of the upper scale houses, this particular type of project the diversity of housing that is needed in Eagle, the City of Eagle and west Boise which has a tremendous amount more of upper scale housing than we have they need some of the smaller kind of stuff and from our standpoint of providing a balance in terms of our cost of City services we as thies f thin 's as well as I think are going to look heavily towards commercial, industrial typ 9 upper scale housing. So that there is an offset so we can provide the basic life services that we need to provide. I think it is a well known fact that small houses consume those services at a greater rate, greater cost with a lesser contribution in terms of income. My reasons for not supporting R-8 types of zoning now is that we have plenty of that, it is time to balance it on the other side. I know that it will be difficult for many members of the realty and development community to accept but I think in my own perception of Meridian that we desire to be a self sufficient City and not somebody else's bedroom. So, I would support these findings of fact and conclusions as they are written. Turnbull: Well, what I think I can say is we are adding to the upper end of Meridian city, we are bringing on one of the larger projects of Meridian that will be that upper end product. I would ask for reconsideration. Kingsford: Here is a copy of those David and I think the appropriate thing would be for the Council to table that until the next meeting. Corrie: Table what Mr. Mayor? Kingsford: The annexation and zoning. Corrie: So moved Tolsma: Second Morrow. Question Meridian City Council June 21, 1994 Page 5 Kingsford: Moved by Bob, second by Ron to table this until next meeting on the annexation and zoning, question Walt. Morrow: We have approved the findings of fact and conclusions, do we then make a decision of the findings of fact before we table. Kingsford: 1 don't think we have to do any more before there is a table. Based on the fact that the findings are contrary to the request you can't go forward with preparing an ordinance or anything until we have direction from the developer as to his intent. Crookston: That is correct. Morrow. Okay, so then the proper sequence is we have done the approval we are going to table and then the decision will come from the applicant. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDINANCE#650 -DAKOTA RIDGE ESTATES ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1!4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #650 read in its entirety? Seeing none I ~nrould entertain a motion. Tolsma: Mayor, I move we approve Ordinance #650 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: ORDINANCE #651 - WESTDALE PARK NO.2 ANNEXATION: n HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNEG. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE Date: April 6, 1994 ' O RE: HELEN DAMS PROPERTY (Brighton Corporation for Annexation and Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and have the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The legal description for annexation must include half of Ustick road adjacent to the parcel. 2. This parcel appears to be contiguous to existing City limits created by Fothergill Estates and Finch Creek subdivision annexations. 3. The Onweiler Lateral and South Slough course through the property and will need to be continued with any development. 4. A stub street is to be provided into the south boundary of this parcel from Fothergill Subdivision. No stub street is being provided from Finch Creek Subdivision to the east. 5. City sewer and water lines will be stubbed to the south boundary by the Fothergill Subdivision developer. The sewer facility plans shows this property is to sewer to the South Slough interceptor line. n i-'~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Waler Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 R(.~p(~ GRANT P. KINGSFORD Mayor T0: Planning & Zoning Comeis ion, Mayor and Council ,. ' c~~~5' __.~ ..s __~_ .. ..._ '~r FROM: Shari L. Stiles, Planning & Zoning Adsinistrator DATE: Apri 1 8, 1994 ., r .. _ ~. SUBJECT: Annexation and Zoning of Brighton Corporation This request for annexation and zoning coaplies with the Coeprehensive Plan. HUB OF TREASURE VALLEY OFFICIALS 'LMEMBERS A Good Place to Live ~~C~`~ Q WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ~ 4.: 'fit R. TOLSMA GARY D. SMITH, P.E. City Engineer BRUCE D. STUART Water Works Supt CITY OF MERIDIAN MAX YERRINGTON ~ A p ~ ~ trgpgERT D. CORRIE ~jf~ !+ { , . JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief ~ ~f W. MORROW ~~ EAST IDAHO 'g+ - SHARI STILES ~~ j ~ i ' W.L. "BILL" GORDON, Police Chief ~,,~dminisirator h'IERIDIAN IDAHO g3~2 ~ t„j r WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 (~ (~ (~ (~ (~ JIM JOHNSON Public Works/Building Department (208) 887-2201~i1 ~ V~ L~ U ~nLS © Chairman -Planning 8 Zoning GRANT P. KINGSFORD Ma or 1 71"1~1'~ ~~~~} - y NAMPA & MERIDIAN , TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~18~1~~~TpROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Aril 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning for Brighton Corporation BY: Brighton Corporation and Hubble Engineering - LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL. PI A~ CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation and zoning for Brighton Corporation. Bill Henson Foreman Nampa & Meridian Irrigation District r'~ OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS 'NILLIAM G. BERG, JR., City Clerk CITY OF MER RONALD R. TOLSMA I GARYD.SMTHSP.EyCityEngneer IDIAN OBERTD. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. sHAwcHOFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 - Planner & zoning Administrator W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-221 I Chairman -Planning 6 Zoning GRANT P. KINGSFORD Mayor , TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning for Brighton Corporation BY: Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMAT~ON(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: f\ I`~' .~'1 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF GARY D. SMITH, P.E. City Engineer MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcaoFT, waste water suet. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 - W.L. BILL GORDON, Police Chief , WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Pubtic Works/Building Department (208) 887-221 t GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES ~dr""iCo F~ail'r$~'~ing Administrator '`,Jj(~,k FF,~~ $~JIMJOHNSON MAR 1 g 19~4n -Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning for Brighton Corporation BY: Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: __ ~~- ~ ~- C'J YOUR CONCISE REMARKS: .o idw/ SUPERINTENDENT OF SCHOOLS OR EXCE Bob L. Haley (~ ~~ DEPUTY SUPERINTENDENT ~ Ey Dan Mabe, Finance & Administration ~~~`~'c ~ DIRECTORS ~ r;'[i~/` Sheryl Belknap, Elementary Jim Carberry, Secondary Q Christine Donnell, Personnel ~ Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)888.6701 March 22, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Brighton Corporation Annexation and Zoning Dear Councilmen: I have reviewed the application for annexation and zone change from Brighton Corporation. This annexation and rezoning 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 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, ~ ~~ an Mabe, Deputy Superintendent DM:gr r~ /'~ v ~~ ~ ,.~ ~. ~.~ ~~~$ GLENN J. RHODES, President x ~ ~ ~ ~`~ SHERRY R. HUGER, Vice President ~~ ~ ~ ~~ ~'i~sx3 ~5; ~,e JAMES E. BRUCE, Secretary APRIL 8, 1994 TO: BRIGHTON CORPORATION 12301 W EXPLORER SUITE 200 BOISE ID 83704 FROM: Larry Sal "Sup Developm t S SUBJECT: MER ANNEX USTICK W/O MERIDIAN R-8 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on APRIL 6, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron RUBBLE ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 n C ~, C GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary ~r0: ACRD Commission FROM: 17e~~elapment Services DATE: SUBJECT: Meridian Annexation Ustir_k w/o Meridian 4APplicant -Brighton Corporation) 12301 W. 2.00, Boise, ID 83704) (Representative - Hubble Engineering, Inc., Ct., Boise, ID 83709) FACTS & FINDINGS• -'- ~'r" R--Du~'AR'."N~ENT ~'~RxESPONDENCE '~'~l ERAXUK ~ / DSTECH 4- ~-94 March ?.3 , ? 994 R-8 Explorer, Suiet 9550 Bethel 1. BrigY~ton Corporation is requesting annexation into the City of Meridian for 40 acres of property located on the south side of Ustick Road approximate.) one-quarter mile east of Meridian Road. 2, GENERAL INFORMATION: ACRES - 40 ZONING - Residential R-8 (Requested) ESTIMATED VEHICLE TRIPS PER DAY - Dependent on a specific site plan TRAFFIC ANALYSIS ZONE - 264 L.F. OF FRONTAGE ON Ustick Road - 1,320-feet MOST RECENT TRAFFIC COUNTS - Date 1993 Volume 3,000 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet. REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ustick Road is improved with 24-feet. of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Considering the size of this parcel and the requested zoning designation of R-8, the District will require submittal of a traffic impact study for any development of this site. The ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meri~9ian Annex3tic~~ ~~stick w/o Meridian R hi.arch 23 , 1994 F~~ge 2 applicant should coordinate with District Traffic Services staff prior to startY.ng the study or any design work. 4. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 12, 1994. If the annexation is approved and development proceeds, the Dis- trict will provide the .following recommendations to Meridian Plan- ning & `Coning as conditions for approval. SITE SPECIFIC REQUIREMENTS: i. Submit a Traffic Impact Study to the. District. Coordinate with Traffic Services Department prior to beginning the study. Additional requirements may be imposed pending the findings of the study and any design engineering work accom- plished prior to the Districts review and approval of the study is entirely at the risk of the applicant.. 2. Dedicate 45-feet of right-of-way from the centerline of Ustick Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 3. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street. improvements (5-foot sidewalk) on Ustick Road abutting parcel.. 4. Direct lot or parcel access to Ustick Road or any required collector streets is prohibited., in compliance with District policy. Lot access restrictions shall be stated on the. final plat. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water an-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should. be combined. where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Meridian Annexation ^ Ustick w/o Meridian R-~''` March 23, 1994 Page 3 3. A request for modification, ~aariance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result i.n substantial hardship or inequity. Should. you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: - DATE OF COMMISSION APPROVAL: r ~1 Iq O ~ WJ , Larr Sale ,L ~~ ~ J ~a U ~~ r~ (\ ,~- ~ ~ ~ .- 0 W Q (A ~.~ W ~Q ~~ • ~ P-~ ~ ~ p ~d q ' ~N~ n Uim ~~ -ana _ t ~ _ U _ • i w « Z. n~~ ~ n ~ s J ' • F I s D a ' ~ ,, ~Irss Yo ~ , ! ! ! ~~o~n _ - _ u ~ ^ Q t ~~s ~ • : ~ a oc p ~r ~I = ~ " ~ 7 ~ V • " ~ • w • - ~~ ~~~ ellf- 11 • r•N• ~~ ,11, Ir~1r~ r+ 1 e ~1 ~ ~ ~ it 1~ 'r - ~ ~1 ~~ A~~ ...~. r '1 • I~ J _JI 1' •~ • 't' .T II Wi ~~y~~,~ ij I ~~~~ i ,. _.~ ~ ...I.a.; , I 1• ~ i 1~ '!: ti r~ CENTRAL ~~ DISTRICT i~THEALTH DEPARTMENT Rezone # ._ Conditional Use # Preliminary /Final /Short Plat ~'y~~~;~~ ,,;Return to: [] Boise MQ~ 2 4 19:4 ~ Eagle `~ °~" ~ ~- . [] Garden city [D~Meridian ^ Kuna ^ Acz ~T~-/DliFri +~s I, We have Objections to this Proposal. 2, We recommend Denial of this Proposal 3, Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4, We wilt require more data concerning soil conditions on this Proposal before we can comment. 5, Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade 6, We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7, After written approval from appropriate entities are submitted, we cancapnpnone t~ia erowell al for: ~] central sewage ^ community sewage system ^ ~ ^ interim sewage ^ central water ^ individual sewage ^ individual water g. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: communi water ^ central sewage ^ community sewage system ^ ~' ^ sewage dry lines ^ central water q, Street Runoff is not to create a mosquito breeding problem. I p, This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. I I , If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any: child care center ^ food establishment ^ swimming pools or spas ^ ^ beverage establishment ^ grocery. store ~~ ~ ~ a ~ ~~ 13. //~lS :~1- d ` S~i~~o~/ ~ ~ ~E'9~°~~ Date: ~~-~~ 779-aLc,~ SToR~r [.~~~ ~~`'~"` ~~~ Reviewed By: y,~ ~ ~JTVK~E ~S ,.rll is~ D~ c5~ M ~ ~ s~ ~ ~ REVIEW SHEET Environmental Health Division ._..., ,,,,,,. -` --.. i not ;n /'~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10, 1994 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW A ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: ~~'~ ~~ ~~ CITY FIRE DEPT: S ~~~~ ~ ~ CITY BUILDING DEPT: ~j~' S MERIDIAN SCHOOL DISTRICT: YU~~ ~ .. w~ ~ C~J MERIDIAN POST OFFICE: ~ ~ ~ ~ ~~~ ~~ ADA COUNTY HIGHWAY DISTRICT: p~ ADA COUNTY STREET NAME COMMITTEE: SS v ~w CENTRAL DISTRICT HEALTH: ~) ~ ~~ ~ ~ " NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Meridian Planning & Zoning May 10, 1994 Page 5 Crookston: That are? Iles: That since the initial hearing have requested other than what was first noticed. St Crookston: Were they requested as PUD's? Stiles: I am thinking of St. Luke's. on: We could handle it at the City Council level it would be more appropriate Crookst to notice it correctly. We don't have a PUD zone. Stiles: So your decision is to rehear it before the Commission? Crookston: I think that is the appropriate thing to do. Stiles: It was City staff that instructed them to ask for the MPUD, just to note that. Crookston: Well, we have had the public hearing, we could go forward and change it and make sure it is done correctly at the City Council. Johnson: What would you like to do Commission? Rountree: Mr. Chairman, I move we have counsel prepare findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on Pine Meadows annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BRIGHTON CORPORATION ANNEXATION AND ZONING REQUEST BY BRIGHTON CORPORATION: Johnson: You have the findings of fact before you, are there any items of discussion? Hepper: Mr. Chairman, 1 have one. I don't believe 1 saw any place in here, it was /'~ Meridian Planning & Zoning May 10, 1994 Page 6 mentioned the R-8 zoning district requires a minimumt f rt OOa( area havehallhbeen size, however all the other R-8 subdivisions m tha p restricted to a 1350 square foot minimum. So, I think that needs to be a stipulation on the final conclusions. Johnson: Anything else? Hepper: No. I don't remember reading here if th sn' ment oned 9 alsotneeds to be multiple family housing in the R-8. If that wa included. Johnson: I don't see them in the findings. Anybody else have any comment? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and con(eufeet andano dup ex lotsuto'be that the house sizes be a minimum 1350 squa allowed. Shearer: Second Johnson: It is moved and seconded that we appro hexes in'the R 8 zoningWall those stipulations, 1350 square foot per home and no dup in favor, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass onto the City Council? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above of the property described in the application that the conditions set forth in the findings of fact and conclusions of law and that the applicant and owner be specifically required to the all ditches, canals, waterways and install a pressurized irrigation system as conditions of annexation and that the applicant meet all the ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement and that if the conditions are not met that the property be de-annexed. ~~ ~~ ~' Meridian Planning & Zoning May 10, 1994 Page 7 Shearer: Second Johnson: It is moved and seconded to pass on a favorable recommendation to the City Council with conditions so stated, all those in #avor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DAKOTA RIDGE ESTATES ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT BY AVENUE ONE. Johnson: Any discussion or comments regarding these findings of fact as you ahavethem in front of you prepared by the City Attorney? What is your pleasure? Shearer: I move the Meridian Planning & Zoning hereby adopts and approves these findings of fact and conclusions of law. Alidjani: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Alidjani -Yea, Shearer -Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation, yes (Inaudible) Johnson: Annexation and zoning I think at this point, we have to address the preliminary plat separately, is that not true? I'm sorry we were in the middle of the favorable recommendation to the City Council. Shearer: I move that the Meridian Planning & Zoning Commission hereby recommend to the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant and the owner be specifically required to the all ditches, canals, waterways and install pressurized irrigation systems as condition of annexation and that the applicant meet all of the ordinances of the City of Meridian specifically including the development time ,.~ March 29, 1994 6227 Marlborough Drive Goleta, CA 93117 William G. Berg, Jr. City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Planning and Zoning Commission: Yz' ~ _ m . ~ . ~~; I have recieved the Notice of Hearing regarding the application of Brighton Corporation for annexation and zoning of 40 acres on Ustick Road. In the letter it is stated that a copy of the Application is available opon request. I therefore request a copy please be sent to me. I own property at 780 Ustick Road. While I initially support said applicaton, I wish to review the application for final consideration. Thank you for your notification. Sincerely, ~a~~t~-e~-~ ~. ~~~ Barbara C. Myall 6227 Marlborough Drive Goleta, CA 93117 (805) 683-1771 n March 25, 1994 ~° .~~ - , ~; r; ~~. I, Helen V. Davis, residing at Government Lot 3, Section 10 hereby consent to the annexation and rezone application filed by Brighton Co ors do regarding the same property referenced above. ~ anon r Helen V. Davis H .. 3,. t ~i . 1: ~'b ~~ii 1 ~. +i 6r L.1C.. 6 r~ 5 ~ - ' March 25, 1994 Mayor Grant Kingsford & Meridian City Council Meridian, ID 83642 Dear Mayor Grant Kingsford & City Council Members: I recently sold my property located at Government Lot 3, Section 10, T.2N., R.lE., B.M., Meridian, Idaho 83642 to Brighton Corporation, reserving for myself a life estate of my home. I approve of the annexation and rezone request to an R-8 zone of my property by the Brighton Corporation. Sincerely, ' / ~, ~~~~ t L ~ ~ cue. ~-c Helen V.Davis l'1 ~ ~ ~ ~ ~ ~' ~ `. ~ ~. BEFORE THE MERIDIAN PLANNING AND ZONING CONII~iISSION BRIGHTON CORPORATION ANNEXATION AND ZONING GOVERNMENT LOT 3. SECTION 6, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,-and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Gene Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the AroAerty is approximately 40 acres in size; it is located between Locust Grove Road and Meridian Road and being approximately 1,320 feet east of the intersection of Meridian Road and Ustick Road. 3. That the property is presently zoned by Ada County RT (Rural Transition) and the proposed use is requested to be for R-8 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not, as of the date of application, the owner of record of the property. The owner of record is the Helen V. DAvis, who has approved of the annexation and zoning request. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for one house and for agriculture use; that the applicant indicated that the intended development of the property is for an R-8 type subdivision use; that the Applicant did not submit a request for approval of a subdivision plat; that the density would be between 3.5 and 4 units per acre; that the Applicant stated that there would only be single family dwellings and would be similar to the surrounding subdivisions which are zoned R-8 but have agreed that there would only be single family dwellings; Mike Tanner, n representing the Applicant, stated that Applicant would be putting in a park like corridor through green belt type area with a pathway; he also stated that he "would want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way." 10. There were no property owners in the immediate area that testified objecting to the application. 11. That the property is in an area marked on the Generalized Land Use Map of the Meridian Comprehensive Plan as a single family residential area; that in the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 12. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian School District, the Central District Health Department, and Nampa. Meridian Irrigation District did submit comments and such are incorporated herein as if set forth ~in full. That the Meridian Planning Director did submit /'1 /'\ comments which were that the application complied with the Meridian Comprehensive Plan; the City Engineer commented that the Onweiler Lateral and the South Slough course through the property and will need to be continued with any development; the Ada County Highway District did not submit comments, but when they are received they shall be incorporated herein as if set forth in full. 16. That the R-8, Residential. District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) Medium Density Residential District:. The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family, dwellings in well-established neighborhoods of comparable land use.. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied for would comply with the neighborhood. 17. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 18. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 20. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as~follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 21. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 22. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 23. That in prior requests for annexation and zoning in this area the Zoning Administrator has commented that annexation should be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, /"\ and fire services as determined by the city and designated in an approved development agreement. 24. The Meridian School District, in prior comments to annexation in this area, commented that there is no excess capacity in the schools of the District and that residents of new subdivisions could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer,~parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to-all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of .Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: /'1 /'\ 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways., bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5 • To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian. has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of /'~ the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as .amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, Brighton Corporation, and the annexation is not upon the initiation of the City of Meridian, but is at the request of the City Planning Director. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land. must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements, 11-9-605 M, Piping of Ditches, and Section 11-9-606 B 14.,~which pertains to pressurized irrigation; that the Applicant /'~ /'~ will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in an area marked as a single family residential area, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and- the ' /"\ Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-8; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met. 13. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. With compliance of the conditions contained herein, the annexation- and zoning or R-8, Residential would be in the best interest of the City of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED ~ COMMISSIONER ROUNTREE VOTED ~ COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED ~ ~~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECONIIriENDATION /'~ ~ 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 for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and. waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de- annexed. MOTION: APPROVED: DISAPPROVED: • • 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 Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION Name of Annexation and Subdivision, Bedford Place Subdivision 2. General Location, Government Lot 3, Section 6, T.3N., R.lE., B.M. 3. Owners of record, Brighton Corporation Address, 12301 W. Explorer, Boise, ID 83704 ,Telephone X2081378-4000 4. Applicant, Brighton Corporation Address, 12301 W. Explorer, Boise, ID 83704 5. Engineer, Gene P. Smith Firm Hubble En ineering, Inc. Address, 9550 Bethel Ct., Boise, ID 83709 ,Telephone X208)322-8992 6. Name and address to receive City billings: Name: Brighton Corporation Address: 12301 W. Explorer, Boise, ID 83704 Telephone (208)378-4000 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 39.48 2. Number of Lots: 153 3. Lots per Acre: 3.87 ! • 4. Density per Acre: 3.87 5. Zoning Classification(s): R-8 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt Yes-South slough & Pathway s sy tem 8. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City Yes Explain 8' nedestrian/bike path in common area 10. Are there proposed dedications of common areas Yes Explain Lots 1 & 50, Blocks 1 & 2 - Entrv islands and bike paths For future parks No Explain Bike paths 11. What school(s) service the area c ray t r 7vsc Pf/ Do you propose any agreements for future school sites No Explain Site is too small for anv school site 12. Other proposed amenities to the City None Water Supply None Fire Department None .Other Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Sinele Familv 15. Proposed development features: a. Minimum square footage of lot(s) 6.500 sq. feet b. Minimum square footage of structure(s) Per covenants c. Are garages provided for Yes square footage 400 minimum d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe by home owners and home owners association as per covenants £ Trees will be provided for Yes Trees will be maintained home owner & home owners association g. Sprinkler systems are provided for Home owners h. Are there multiple units No Type Remarks i. Are there special setback requirements No Explain Has off street parking been provided for Yes Explain Private driveways k. Value range of property ~a 5 t~caa ~( ~.5 00 0 1. Type of financing for development Commercial m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. /frm. M~ /Atlp N/ IgAD -~ G 7 Y f y~ P O C ~~~ rn~ ~~ ~~~ ~~~ ~~ G ~ ~~ ~ ~ ~ _ r -I DO C~ Z m ~n c~ m~ o' C ~_ G Z C1 ~o z -, ~ mr0 m~ _~ DZ ~ ~ .Zl oo~ AZ ~ ~ "~° ,, ~ i . , ~I n n ®P ~, V ~ n o~ (® ® ® i® ~o !®~ ® ,o ~ i ~, ~ .... i l 6i®il ;v:eil nioi i „u 0 o ~, 6 w6i 6 6i®i i °° i i,~„i6®i ~6i®i °°ii i i iii i , ® ~ii® ®ii I i"°ii`"il i e i 0 , ~ 6 i®~ iii 6 '®i s i ~~ ii®i li ~ ~ Iw o t i I ®ii i i ii ~ I p i s I ~' i ,u '~ i i ® i ~~ ~- i .. i ~ ..m ~ ~~ ~ q n e i~ i i ,n . i ~ ~ i ~~ ~ ~, , ® ~ ii ®i (i F ~ • I . I ® nE ~!t 4 ~ ®~ i® o_ ~_ i ~ a s e o ~ ~ 0 ~~ ~ 1 ~~ d nea almvrox ~~ ~e ii® '! ~4. 6=1~~ Oj, . ~~~~~ 111' n ~ ~ I I ~ ~~, ~ Y I I I A~~~la ~~sB~~ ~ ~ IE~ ~~;~~~ ~~F~~ ~ ~~ ~ ~~ ~ ~ L~ "'~ ~`~ RUBBLE ENGINEERING, INC. ~9A a~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 uRv ~ ~~~~~D Project No. 94035 April 1, 1994 BEDFORD PLACE SUBDIVISION Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter corner common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/879.des • i 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 7:00 p.m., on May 31, 1994, for the purpose of reviewing and considering the Application of Brighton Corporation for a Preliminary Plat located in the Section 6, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on South of Ustick and East of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 153 single family dwelling lots for Bedford Place Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6th day of May, 1994 ~~ ~~~ ~ WILLIAM G. BERG, JR., CITY CLERK • NOTICE OF HEARING • NOTICE tS 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 p.rn., on July 5, 1994, for the purpose of reviewing and considering the Application of Brighton Corporation for a Preliminary Plat located in Section 6, T.3N, R.1 E, Boise, Meridian, Ada County, Idaho, and which property is generally located -South of Ustick Road and East of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 153 single family dwelling lots to be known as Bedford Place Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 13th day of June, 1994 iG~c-.~.-r ~- , WILLIAM G. BERG, JR.; CITY CLERK RT RT I /'~ s 300' H 0 RT r ~ RT e - ED o2 u IZ`~ Zo °'• . i . ».awaw + .. , . w RI I l a n n^, w a n es. ! w n iKffttSEp ~ • 7 ~ •• . ., a i....' a e r s a w a a RacK CREEK sil R~ ~ ini~l~a~. awl ......, . ~ i ~ : , u ~! , ro • • :~ {Iii ~. 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'i,l ,j, ::! i { ,; ,I 1 ii i :~ • I ~Fo+2=L, 1z $ zo 1 t. 1 ~~ :' ~ • • • ~ ~ ~• • • ~ • _ •a~ • 7• ~ 1 f: ~: a 4 s a 7•• /o ~ . „~ ~ to ~/:a14~• ~ ! ~ 4 s • ~ • ~:' /, R S ZZ ~ ~ it N 17 N 1• 1• 14 /J I! 11 10 ! 11 ~ ~~~ s+ Is . s SM1 'S ,: fl to • • 7 l1~~l7s~~71 ~ 1 x 1 444sq h ar ~ 11 N• • 7 ~ '° M 4s , ~ : • 1 47 1 : a 4 s • 7 • ~ 4! 4t 40 ~ ~ n 1 ~ ~ M M 17 /• 1• 14 1! /! h b q M ~ M 47 M 0 ` .f 1 M N ' • .. t • • • • • • • • • • • ~ ~ j ~ Z : i ~ i ~ 0 ~ , / • ~ • ~ ~ 1 i i i i • • ~ • ~ • I ~_ ~ s { !~ t • ! • ~ • » • .~~.~ ~ • . • . • ~ • • • • • • ~ • .. ~ • • ~ • ~ ~ • ~ • • ~ .a •• . ~"' . • • ~ • • • ~ ~ ~ ~ ~• ~ t y i r ' • ~ • • ~ • i 1 ~ • • _ > ~ +• ~ ' , RT ~ '~ t IUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk W S CITY O~ MERIDIAN P.EYCity Eng eer GARY D. SM TH BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 - W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Public WorkslBui}ding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner S Zoning Administrator JIM JOHNSON Chairman - Planning S Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the ~!~1~~ ~?I~In)Ing & Zoning-Conunission, ma,~r we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PRO.IECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z T1M HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT 6~IlERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT 1DAH0 POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) RNTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR GONCISE REMARKS: ~V~D' MAY - a 1~~4 CITY OF Mr~~ii~tAN s ~. J U ~~ - 5 f9~~4 CITY 0~ ME~IDI~~ May 31,1994 Planning and Zoning City of Meridian 33 East Idaho Street Meridian, ID 83642 Commission This letter is written in response to the Notice of Hearing regarding the proposed development by the Brighton Corporation for 153 single family lots for the Bedford Place Subdivison on Ustick Road. We are property owners at, 3280 Curt Drive, which is immediately across the street. We have very serious objections to the proposal. We feel that R-8 zoning is too high density. Lots in adjoining subdivisions appear to be much larger. We are also very concerned about the impact on Chief Joseph School. We understand that the school is currently at maximum enrollment and has been capped. We are wondering if Meridian City Schools are planning the capital out lay for another elementary school and if the district will require developers' impact fees for school construction. We are also conerned about the impact on city water and sewers as well as on parks and recreation. Furthermore, we are concerned about police and fire protection and if the city can afford to expand its public safety services to protect the proposed homes. We would like to see a proposal for a lower density development on that sight. We do not approve of R-8 zoning as it is not compatible with the long- established land use in the area of homes on small acerages in a semi-rural setting. We would favor R-4 zoning. The transition from R-4 to R-1 would be more compatible. The established residents' lifestyle should be taken into consideration before Planning and Zoning gives its approval. We request that our comments be read for the record. Sincere) ~/~ d`O Joh and Florence Banse • May 24, 1994 6227 Marlborough Drive Goleta, CA 93117 Planning and Zoning Commission City of Meridian 33 East Idaho Street Meridian, ID 83642 RECEIV~~ MAY 3 1 1994 c~~Y or "`~~dD1~~ I am responding to a Notice of Hearing regarding Brighton Corporation's proposed Bedford Place Subdivision. I own property immediately across the street at 7.80 Ustick Road. I have serious objections to the high density development. It appears that the lots of adjoining subdivisions are much larger. I am concerned about the impact on Chief Joseph School, which is currently at or near maximum enrollment. Does the school district have the money to build another school? Will Brighton Corp. have to pay impact fees? I am concerned about the impact of 153 homes on city police and fire protection. Can the city afford to expand its police and fire protection services? I am also concerned about the impact on city sewer and water services as well as on parks and recreation. The long-established land use of homes on small acreages in a semi-rural neighbor- should be respected and protected. A proposed development of much lower density would be more compatible. I oppose the existing proposal and urge the Planing and Zoning Commission to require Brighton Corp. to go back to the drawing board. I r~uest that my comments be read for the record on May 31,1994. Sincerely, Barbara Clark Myall 805-683-1771 • RECEI~I'E~ JUN - ~ 1994 CITY OF MERIDIAN May 31,1994 Planning and Zoning Commission City of Meridian 33 East Idaho Street Meridian, ID 83642 This letter is written in response to the Notice of Hearing regarding the proposed development by the Brighton Corporation for 153 single family lots for the Bedford Place Subdivison on Ustick Road. We are property owners at, 3280 Curt Drive, which is immediately across the street. We have very serious objections to the proposal. We feel that R-8 zoning is too high density. Lots in adjoining subdivisions appear to be much larger. We are also very concerned about the impact on Chief Joseph School. We understand that the school is currently at maximum enrollment and has been capped. We are wondering if Meridian City Schools are planning the capital out lay for another elementary school and if the district will require developers' impact fees for school construction. We are also conerned about the impact on city water and sewers as well as on parks and recreation. Furthermore, we are concerned about police and fire protection and if the city can afford to expand its public safety services to protect the proposed homes. We would like to see a proposal for a lower density development on that sight. We do not approve of R-8 zoning as it is not compatible with the long- established land use in the area of homes on small acerages in a semi-rural setting. We would favor R-4 zoning. The transition from R-4 to R-1 would be more compatible. The established residents' lifestyle should be taken into consideration before Planning and Zoning gives its approval. We request that our comments be read for the record. Sincere) Joh and Florence Banse ~./ % , ~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE W. MORROW T WAL pf~ ~7 i ] STILES ~~ ,~ , Ei ~I ~ r ~v Planner & Zoning Administrator ~/ 1 '" ~ "" ~ JOHNSON 1 ~ ~ i i BZ } . ~ ng on ng ~ Plann h Y7O/ CI`~ ~ -~ ~ I~I~tiiD~AN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation an_d Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIONELIM & FINAL P~.AT) CITY FILES J `~ ~ `mar/ OTHER: YOUR CONCISE REMARKS: ~~~w~rS • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 I Q SOrK ~ If ~ r Slyi kjG o - __ ~ ~~/ s S V • ~ SUPERINTENDENTOFSCHOOLS Bob L. Haley a EXCE DEPUTY SUPERINTENDENT (~~ ~(~ Dan M.9i e, Finance 8~ Administration Z~ DIRECTORS ~~~\~~~ ~ Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208) 888-6701 Z Q ~~ May 5, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Bedford Place Subdivision Dear Councilmen: RECEIVE JUN - 8 1994 C~'fY OF MERIDit~~ I have reviewed the application for Bedford Place Subdivision find that it includes approximately 153 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 64 elementary aged children, 46 middle school aged children, and 43 senior high aged students. At the present time Chief Joseph Elementary is at 117 of capacity, Meridian Middle School is at 130$ of capacity and Meridian High School is at 116$ of capacity. Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from .this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. The school district will have to be allowed time to review an alternative solution to the attendance problem. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require three classrooms at the ~J' ..: • • elementary level, two classrooms at the middle school level and one classroom at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for nine portables would be $240,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~ Dan Mabe Deputy Superintendent DM:gr • GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: Brighton Corporation 12301 W. Explorer Boise ID 83704 FROM: Larry Sale, Supe viso~~ Development S c i ~~C~~~~~ MAY 3 1 1994 CITY Uir ~~~~~~~ May 25, 1994 SUBJECT: BEDFORD PLACE SUBDI I ON - PRELIMINARY PLAT On May 25, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are recruired: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLA~ May 23, 1994 Page 3 BEDFORD PLACE SUBDIVISION 4. Construct the proposed North Arrowhead Way to a 41-foot back- - to-back street section with 5-foot sidewalk and a minimum of 56-feet of right-of-way. 5. Direct lot or parcel access to proposed North Arrowwood Way is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 6. Provide stub streets to the east and west in the vicinity of the proposed Addeson Street. Coordinate with District staff. 7. Sidewalk requirements will be waived on the south side of the proposed Streamside Street if the 8-foot pedestrian/bike path is constructed as shown on the preliminary plat. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 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 irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 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 conform to the requirements of Ada County and shall retain all storm water on-site. FiT ~ RT J RT /'~ s30o~ N o RT C R ~ RT ~ ,1 r - ED o/2 ~ u ~ . -~ S Z~ ^ v ~ i O). • s • • • / • / • • • r • • r ~ " ~ ~ w' ~ w v v _ uv .. 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I I t i ! : ' :: i ! i , ~ ~' i''• ~• r R1 i CHIEF JOSEPf1 = ~ I. . ~ ~ I iii ' ` j : ~ ~ ec-+ooL ;;~; ;~ i R1 sue -.,o a 1 ~ lei ~ _!. - RT , i :~ i ~ ~ ' ' ~ ~' i ii j l ~= j ~ _ i !i' ii, ;~E r I~;i~~ !ill ! j:; RT ' RT l~ j~' , ~ • iil illllI I! 1 ~ II ' dil , ' i l ' i ' ~~ i illil •i : i. it ~~~'• RT i~ _!. i': i Ili ~I j .1 RT ... ~~1 II i) i I I .. I I i .' .. i ~ 1 i i 1 i 1 1 ! il• 'i i I I • ~! _; ~ :° .~. ;tj~l ~=1~~ ~ I' ;. ~1= Cra C-3 -~\ i ~ i GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES "c. BRUCE, Secretary FRCM: D~veyo-~ment: aer~;ices - r~.',1T.A ~-1 T~1TTITT ''~RRFSnp~rrEr?~E, ~:1c RrJp-,r /T1jTr,`H -25-9=~ TJATE: :`y:3y y.9, i>94 ~;JB:rFC~f: ~Rk,LII~IIN~,RY PLAT - BEDFORD RI,ACE SUBD?VISIQN ;Di~Ve~ox~er - 8r.iahton ^~~rporation, 1~3C1 :J, ^x*~lorer. ^oise, ID 8704) (Engineer%Surveycr - Hubble Engineering, Tno., ~55C• Retrpi Ct., 3oise, ID 33700 '?RELIMINARY REPORT - NOT FINAL TJNTIL APPROVED B`I THE ACHD CC"~iISSIOPd c 'r,CT ~ & FINDI'1GS L . 3~'3forn ~'~ dCE.' S'~Jd1V1S! oTI ? ~ 3. _'~. ~-c3C~t~, ~.~^.~-' Cyr, S.1!'agle Eam:~ly rea:'~dential sTabdi~~ision lcca~~e3 an the soutYr sine of L1StiC1{ Road, approximately 5C~0-feet east of ?~?eridi3n Road. 'ih2re are ?300-foot cif new p~.iblic streets. planned. 2 . GEPdERAL INFORP+IATION - r.EAn ?AGENCY - meridian ACRES - 39,5 FEET OF NEW PUBLIC aTREET,S - ''~^vC-'eet 1,OTS - 153 BONING - R-8 ESTIMATED VEHICLE TRIPS PER DAY - 1530 TRAFFIC ANAL'~SiS ZONE - X63 L.F. 7F FRONTAGE ON Usti.ck Road 1315-feer_ MOS'?' F.ECENT TRAFFIC COUNTS - Date 1/18%94 ~Io=i~..>.me 3,33; ~~,~'o Locus!. 3t-ave FUNCTIONAL CLASSIFICATION NiAP DESIGNATION - Minor Arterial Ar7A CO'J~tTY RIDGE'.-TO-RIVERS PA`Ch'WAY PLAN - Lan<` . EXIS'.~It3G RiGiiT-vF-WAY - 50-feet; ?5-feet so~,xth of '''fie T_-, ~-~..,. centerline fcr the entire frontace; •., ~..~. north -~1 center ~ ine, tl•,c~ f i rSt 3~?0-feet from t'_^_a east 3?"^_E? ~ ~O!~.ntiarl~ has 25-feet Uf right-of-way, thz next 35p-feet to L'~e w-est ryas 40-feet cf right-of-way tc the north of centeilin?. and tr,e remaining 650-feet to the west poundary of `_ne parcel ilas 35-feet of right-of-way north of centerline, ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~` T:'.ELI"~[TNARY PLAT - FORD '2L."-.~E . ST?~DI`v iSICN • -~Ta.. ; : ~ aau 1 / Page-3 ~ _ SC~nstrtict `:'i~' ^v`'Or'7.OSed North ArrGwhead `~1a,i tC 3 ~~-f~~Ot baCk- ~O-baCK StraCt SaGti~n 4Ji~11 5-foot Sidewalk and a m;riim~rm of 5o-feet of r ~ght-of -way , 5. Direct lot or parcel ac•.ess to proposed North Arrowwcod way is prohibited, in compliance with Dis*_rict policy. Lot access restrictions shall be stated on the final plat. 6. Provide stub streets to the east and west in the vicinity of the proposed AddESOn Street. Coordinate with District staff. STANDARD REQUIREMENTS: 1. S`_ree'~ and drainage improvements required in the public right- af -wa1~ shall be designed and constructed. in cenforrzarce with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and goli- CieS. 3. Specifications; land surveys, reports, plats; drawings. plans, design inf~~rmation and calculations presented to ACnD shall be sealed, signed and dated by a Registered Professional engineer or Professional Land Surve-ror, in compliance with Idaro Code, Section 54-1215. ~'. Provide written approval from the appropriate irriga- tion!drair_age district authorizing storm runoff ir_to their s-istem. 5. Locate obstructions (,utility facilities, irrigation and drain- age appurtenances, etc.} outside of the proposed street im- prOVe???entS . A„tho.''1Zation for relocat? ens S_^_all bE' Obt3i!'1G3 from the appropriate entity. 5. Continue existing irrigation and drainage systems across par- Cei. 7, Submit three sets of street construction plans to the District fox review and appropriate action. ~. Submit site drainage plar_s and calculations for review and appropriate action by ACRD, The proposed drainage system shall conform to the requirements of Ada Counts and stall retain all storm water or.-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easemert set aside specif- ically for tha*_ use. There shall be no trees, *ences, bushes, RT 1{T RT RT /'~ s 300 ~ N 0 RT r R ~ RT s ~v ~ ~~I~~a05ED - ED ort ~ u ~~ B ZorN~ RI ~~~ ®tC C[EEK Sl~{pVS10N L ti R1 ~ ,--~ -_,-, -- -- - ~ .. - - - „ - ~ - L.._ r 0 f 0 ~•~ ~ ~ s i~l~`~~f~~'~.Ii I ~,~~~~, RT ~ .~ ' •••_ • ~l+ji~fl~l;i~~~~lilii~t~:~ ?i micli:3''!il~i :ilk{i I I II'li 'r I i I (:~~~ ~{'i• ;• ~ ~«Jfljli li .~ i ii ~°:,i ~ji'i~~'• ,.~: :=1° ~Ii ~~i~if`~I I : '~i i ~ 'i i 'i i ;;i I!j :c :i l 3~ -~ , I t,3.,.;;~ i i ~,:x + • _ 1 ~ : ~ ' ~Ijl~ ~~j~ R1 cr+,eF 3 i : .10SEPH 3 ,, 1,~ i 1, ~ .r ii:~!i: ,~ ~+` ~ RT RT ~- ,~ , -~ '~ ~ =i: - r - ! i :i ~ ' ~ i ~ 'i ' I i~i ., iE iii , ! ~~' il RT 3ii ~~~ i f . i l!:i: il''ii~ ;. j:l~ ;~ ! ~~ li !' RT ji ~!~!•I :;: ,; ,y .I. ~~ ;i. :II: i:i ~ ;:!I~:( i!I !~'j1::3~ it I i::~. ~ ~f I ~,: i~~ii O scs+oo~. ~/ ~ sus n,o ~ RT ,~. ~: i, ,: RT , ,ii .. ICI iii ~~~ RT il' - I• ~~i: :,, `: Gd C-3 ~~ C`.C~ ---- SUB~ISION EVALUATION SET ~~~~~ ,per Proposed Development Name BEDFORD PLACE SUB City MERID174`M1P' 7 i ~~~~ ;Ct1'Y OF MERICDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr /Brighton Corperation The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. uL~'"'"' BEDFORD PLACE SUBDIVISION X. ~~ sr l ~~¢ Date - The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following_existin4 street names shall appear on the plat as: "E. USTICK ROAD°' "N. CURT DRIVE" The following_new street names are approved and shall appear on the plat as: "NORTH ARROWWOOD WAY" "E. ADDESON STREET" "N. ANSTON AVENUE" "N. LARIMER AVENUE" "E. SEDGEWICK STREET" "E. EDGAR STREET" The following proposed names are duplications or sound like existing names and therefore cannot be used Please choose new names and have them aporoved by the street name committee• "DUNTON" "ASCOT" "BEAUMONT" "WELLMAN" 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, AC~VCY REPNTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada Co time of signing the "final plat", otherwise the plat will not be signed !!!! Street Index Date ~~ ~`~' Date Cf~' Date ~' my Engineer at the Sub Index NUMBERING OF LOTS AND BLOCKS ~ S~/2~~?¢ ~GcXu ~ TR'~SUBS\SM CITY.FRM I~CEI'VED SUBDIVISION EVALUATION SHEET MAY 1 6 1994 (~'f t( OF MERIDIAN Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 5/12/94 Preliminary Stage XXXXX Fina Engineer/Developer Hubble Engr. /Brighton Corperation The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. _ Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. USTICK ROAD" "nl. ~~~n~all -2.cAu " "N. CURT DRIVE" The followingnew street names are approved and shall appear on the plat as: "NORTH ARROWWOOD WAY" "E. ADDESON STREET" "N. ANSTON AVENUE" "N. LARIMER AVENUE" "E. SEDGEWICK STREET" The following proposed names are duplications and therefore cannot be used. Please choose new names and have them approved by the street name committee: "BEDFORD" "STREAMSIDE" "McARTHUR" The above street name comments have been read and approved by the fcllovyir:g agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in er for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE~I~CY E ESy~NTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative Date /~ Date ~ ~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~'K- CENTRAL ~ ~ •• DISTRICT ~iRHEALTH REicE~v~n RetUrnl3olse DEPARTMENT , ,, . ^ REVIEW SHEET MAY ~ 2 1994 ^ Eagle C1T~ ~~: ii~GR1D1~~ ^ Garden City ~Aeridian Rezone # Kuna al Use # ~ ~ ^ reliminary final/Short Plat ~ 6~ mac- vQ,~/v/1'ro,.~ ^ 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: Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental duality: '~ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ~ Central water ~- 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 reiew for any: ^ Food establishment ^ Swimming pools or spas ~~~~++^ Beverage establishment ^ Grocery store 13: JYl//11yt~i~7Z /~l/~ffCr~t~ .~i~-/~ N~~ 'r/S`is ^ Child Care Center DATE: ;~^ ~d/ ~7' Reviewed by~ CDHD 10-91 rcb `, T ~C~~iT • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live MAY 1 9 194 RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer ERT D. CORRIE CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer T W. MORROW OF MER~DI BRUCE D. STUAR7, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief ~.~ MERIDIAN, IDAHO 83642 ~ r ~' r W.L. "BILL" GORDON, Pollce Chief ~ JIM JOHNSON r ~ i• ' WAVNE G. CROOKSTON, JR., Attorney _ Phone (208) 888433 ~ FAX (208) 887813 i _. _ ~~ - Chairman ~ Planning & Zoning Public Works/Building Department (208) 887-2215 GRANT P. KINGSFORD 6_ `,; Mayor ,; ,,~ I .,...,, '~i TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: Mav 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT __ BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa &Meridian Irrigation District's POLICE DEPARTMENT Eineh-l,atQr:al_ courses along the north -side of this project. CITY ATTORNEY The right-of-way of the 1~~unch~~ Lateral is 80 feet: -40 CITY ENGINEER feet from the center each way. See Idaho Code 42-1208-- CITY PLANNER RIGHTS-OR-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. This District requires that a'Land Use Change/Site Develo pment application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected Municipal surface drainage must be retained nn site. If any surface drainzQe leaves the site, Nampa &Meridian Irrigation District m tsr rev; Pw drainag,~nl ang . nded that irrigation water be made available rn all develnnmanrc .rirhin thiG District. It is reco mme ~ ~ Nampa &Meridian Irrigation District's Onweiler ~c/~~^"'\-~ Lateral courses through the middle of this project. John P. Anderson The right-of-way of the Onweiler Lateral is 50 feet: District Water Superintendent 15 feet to the left and 35 feet to the right from the center facing downstream. This right-of-way must be protected. • • p n ~. / fib 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gene P . Smlth Boise 343-1884 Hubble Engineering, IriC. SHOP: Nampa 466-0663 9550 West Bethel COUrt Boise 345-2431 Boise, ID 83709 - RE: Land -Use Chafe Application--for.- Bedford Place Subdivision Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously- sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent O Brighton Corporation Meridian Planning and Zoning (V} enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 17 May 1994 OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clly Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chlef W.L. "BILL" GORDON, Pollee Chiel WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • ,, A Good Place to Live MAY ~- ~ ~y4 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES r i'[ ~ ~~.,p)tanner 8 Zoning Administrator RECEI it ~1-r• JIM JOHNSON Chairman • Planning d Zoning ry~M~/AY 2 0 1y~9g94r~ y,,q CI1 [ ~~^ I~~iYm1~1~1~1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: May 24, 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Bri4hton Corporation and Hubble Enclineerin4 LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT t^.ITY C~TTi'~RNFY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ~~ ~p~+S Idaho Power 5, I°I_~~/ 322-2047 MRY 27 '94 8:24 FROM DE5IGN BSE METRO PRGE.1~01 _ • ~_ ,ffUB ~' TREASU,RE VALLEY OFFICUILS +d-d~ F~C ~ ~~ G©UNGL MEMBSRS WILLIAM G. 9EFG, SA.. Ch7 CIe~R ~ RONAID R. TOLtD1iAA y E ~ J ~ ~~~~~ ~ ROBERT D. CORRIE npirrow it QAWIr D. SMITH, P E Z .i ~„/r i WAIT w. MORROW BRUCE b. sYVARS. Waterwa~en&ppt• JOHN T, 9HAWCRtyFT, Waste welw SvpL 33 $A$T IDAHO 57ikR1$71LE5 KENNY W. 00WERS, Fite CRiet 1V~RIDIAN, IbAHQ 83842 ~ PlanrnM s aoning Aaminlseretor W.4 "9tlL" QORDON. milks Ghfel JIM JOHNSUN wAYNE 6. CtW4tiffiTt)61, JR., Att•mry P2totu (208) 888433 • Fq?((208) 8874813 CneirmaR - Plannitlg d Zgmnp p~w~ winkl;~eaua~l~ D~rtrrx~et (7~) aa~.aai r; GRANT P. KINGSFORD Mgygr TRAATSMITTAL TO AGENCIES F{?R COMMENTS ON DEVE~,OFMENT PROJECTS WITH THE CI'A' OF MERIDIAN To insure tha# your cammertts ar*d recammeride#ions w+ll be ~Ortsidered by the All®ridian Planning S. Zoning Cammisaion, may rro~ have your answer by. ~Ilav 24r ~ 9~4 _ TRANSMfTTAL DATE: 5/3r9~ HEARING DATE: 5/3"1/94 REQUEST: f?'relirninar~Piat for Badfocd Plane S~Ibdivision f~`f: Brighton Cvrvoration and Hubble Enc~lnee~fna LOCATlQN OF PROPERTY OR PRQJECT: 9octth cif Uatick Road and East of IlAeridian Read JIM JOHNSON, P/Z ,.,,MOE ALIDJANI, P2 JtNI SHI3ARER, P!Z CHARLi~$ I~OUNTREE, P12 ~T'!M HEPPEI3, P1Z ~,,,C+l4ANT KINIGSfORD, MAYOR ,-RONALD TOL$MA, C/G _,808 CCIF~RIE, C!C -WALT MOi~iOW, C/C MAX YERRINGTON, C/C WATER DEPART MENT ,-,SEWER DEPARTAAENt -...-BUILDING DEPARTMENT DEPARTMENT PbLICa= DEPARTMENT MERILyiAN SCHOt7L i~ISTR[CT MERIDIAN PAST OI=FICE(PRELIM 8 FINAL PLAT'S ADA COUNTY HlC3HWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAi. arsTRl+cT HEALTH ~. NAMPA MERIDIAN ~2RIGAT'10N i~ISTRICT _ SETTLERS IPIRiGATION DISTRICT 1DAFfO RELIM & FINIAL PLAT) U. .WEST Lg1I18. f'INAL U AL PLAT) -- BUREAU OF RECLAMATION(PRI~LIM $ FINAL PLAT) CITY FfLIrS OTHER: YOUR CONCISE REMARKS-. CITY ATTORNEY 1.i."~~rsl ~~ P.,~le.~'3 ~ x CITY EN~3INEER St~i'trr_ ~r d dI.SL~ t1-~t-r>Ei~Jrr~1~~ -CITY RLANNER ~'~Dc >i~ ''[T~•445• a ~ lA} TEES. A~d~."€7.+~Ll~ST G9E.,, _I-~17.~r[•~ ~~~ G~iZ.,. !17'C S;,T t$L.]IG-'2 calms.. -~ i/~ [S1-~! ~. .. ,_ ~* TOTAL PAGE.001 ** -' ASURE VALLEY ~ HUB OF TRE OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Flre chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: M av 24. 1994 TRANSMITTAL DATE: 5/3/94 HEARING DATE: 5/31/94 REQUEST: Pretiminarv Plat for Bedford Place Subdivision BY: Brighton Corporation and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF LAMATION(PRELIM & FINAL PLAT) CITY FILES ~ G OTHER: YOUR CONCISE REMA • • Bri hton g Corporation July 8, 1994 Meridian City Council 33 E. Idaho Ave. Meridian, ID 83642 RE: Bedford Place Subdivision -Annexation and Preliminary Plat Deaz Council Members: J t~ ~N ~ 2 ' ~::~-. C~'T`~' ~~ ~~~i:~~~. This week, Mike Wardle of Hubble Engineering and I were able to visit with Bob and Max regarding our Bedford Place Subdivision and Ashford Greens PUD applications. I have not been able to meet with Ron and Walt. I know you have busy schedules and appazently Ron has been out of state.. After having visited with a Bob and Max, I am submitting this letter as a follow up to the discussions we have had on our Bedford Place annexation and preliminary plat applications. Brighton Corporation is requesting annexation with R-8 zoning. At the Council meeting on June 21, 1994, the Council voted to approve annexation with an R-4 zoning. I asked at that meeting for deferral of the decision and reconsideration of this application for R-8 zoning. After reviewing the findings of fact prepared on our application, I feel that there are some errors in the findings that need to be corrected and other information which needs to be clarified. • Item No. 6 of Page 2: Brighton Corporation is the owner of record of the property as of February 10, 1994 which precedes our application date. Mrs. Davis, who sold the property to Brighton, has a life estate in the house allowing her to live there for the remainder of her life. However, Brighton is the deeded owner of the land and the house. • Item No. 9 of Page 3: Brighton Corporation is providing over 2.5 acres of lineaz park space in the form of improved greenbelt azea along Meridian's proposed South Slough greenbelt.. • Item No. 19 of Page 7: The findings state that "most of the lots ...are at a minimum square footage of 6,500" and that "some ... aze lazger than that but not too many more than 7,500 squaze feet" In fact, less than 43% of the lots aze 6,500 squaze feet and 30 % are larger than 7,500 squaze feet.. As you know, in the hearings on our annexation application, I requested that the Council apply Section 2-411.D.2 of the zoning ordinance allowing for a percentage allocation of homes smaller. than 1,300 squaze feet but with a minimum of 1,200 square feet, not the 1,000 square feet provided in the ordinance. However, after discussion with members of the Council, I recognize the position and direction of the Council and will submit to a higher floor on minimum house sizes. I would like to propose one of two alternatives in the following order of preference: 12301 W. Explorer Drive, Suite 200 • Boise, Idaho 83704 TEL 208-378-4000 FAX 208-377-8962 ~. • 1. A minimum house size of 1,300 square feet on 50 percent of the lots and a minimum house size of 1,400 square feet on the remaining 50 percent -or- 2. A minimLUri house size_of 1,350 square feet throughout, similar to adjacent subdivisions. Our preliminary plat application is scheduled for hearing before the Council on July 19. In reference to the preliminary plat application, I would like to reiterate some of the information I relayed to Bob and Max in conversations earlier this week and which I ask you to consider in your deliberations. 1. Brighton Corporation's plat will provide extensive common area, primarily in the form of a landscaped greenbelt area with a paved pedestrian path running along the Finch Lateral (South Slough). This greenbelt area would add a quarter mile to Meridian City's proposed greenbelt area in an improved condition. The greenbelt, which acts as a linear parkway, is fronted along the entire length by public street which provides greater visibility, safety, and access. Fronting the greenbelt with a public street is a significant expense for Brighton Corporation. Neighboring subdivisions have placed the Finch Lateral in an unimproved condition in easements (not common area lots) along back lot lines, which will eventually be fenced, thus limiting visibility and access. 2. Brighton Corporation has provided in its design larger lot sizes adjacent to neighboring property owners, many ranging from 10,000 to 13,000 square feet. These perimeter lots are also deeper to provide additional rear yard setback, 3. If common area is factored in, the average building lot would be approximately 8,500 square feet, which is in excess of the R-4 zone 8,000 square foot lot area requirement. 4. The plat includes 1/4 mile of collector status road connecting to the Fothergill subdivision to the south. This design will permit superior access while maintaining quiet neighborhood settings on either side of the collector road. Based upon the foregoing, and with due consideration for the additional acreage we are proposing to dedicate to the City for the Cherry Lane Golf Course expansion, I respectfully request approval of the annexation and R-8 zoning and approval of the preliminary plat. Sincerely, David W. Turnbull President cc: Mayor Kingsford • ~ • ~i ~"1~~1 ~D~ Cv~por~ation July 19, 1994 Wil Berg Meridian City 33 E. Idaho Ave. Meridian, TD 83642 VIA FACSIlVIILE: 887813 Dear wil: We have two applications on tonight's City Council agenda, Bedford Place and Ashford Greens. I ask that the Bedford Place application be deferred two weeks to August 2. Also, I request that the Ashford Greens annexation application be deferred to August 16 when the preliminary plat is scheduled to be heard. Hopefully, fire annexation and preliminary plat could be heard sequentially and earlier in the evening. Nfilce Wardle may have already contacted you regarding the request ~fvr deferral an Ashford Greens. Please call if there are any problems witth this request. Sincerely, David W. Turnbull President cc: Ike Wardle CEIVED ,! U l 1 9 1S94 C1TY OF M~IDIAN 1Z3R1 W. $xplorer Drive, Su9te 200 • Boise, Idaho 83704 • TBL ZD$-378-4000 + FAX ?A8-377-8962 07/19/1994 16:11 12083778962 BRIGHTON CORPORATION PAGE 01 • ~~t ~ ~or~ Cvr~roratton July 19, 1994 Wil Berg Meridian City 33 E. Idaho Ave. Meridian, ~ 8342 CIA FACSIlVlII.E: 887~F8I3 Dear Wil: We have two applications on tonight's City Council agenda, Bedford Place and Ashford Greens. I ask that the Bedford Place application be deferred two weeks to August 2. Also, I request that the Ashford Greens annexation application be deferred to August 16 when the preliminary plat is scheduled to be heard. Hopefully, the annexation and preliminary plat could be heard sequentially and earlier in the evening. Mike Wardle nnay have alroady contacted you regarding the request fvr dual on :A-ahfoxd Greens. Please call if there are any problems with this request. Sincerely, ~d David W. Turnbull President ce: 1Vlilce Wardle RECEYVED ,! U t 1 9 1994 CITY OF MERIDIAN 123U1 W. Bxplorer Drive, Suite ~0 • Boise, Zdah4 83704 • TBL 2U$-376-4000 ~ FAX ?A$-377-$962 i npA cOUNnr assESSOR • R 650 AAain Street ~ ~ ~ . . Boise, ID 83702 (2081364-2400 ~~~ ~ 1 ~~' _~ ~EDF oR D ~L q. C ~ J' ~ 6~ I ~/i J'~ d i/ SEC ~ 11NN . 3_, ti._ RNG. ~ E Name of Subdivision . Par~oel Numbers 0S// D tom./2 ~o r~' Co-ze.e- ah~ 03 ~//o~zia~da- Comments: Owners of Record ~ ~~ ~ trLv~-t,~-~'-~ ~ .off-~.-' •~-~o~-~~ ~L./~ • Reviewed by: ~-' f~ C'~ ~ ~ ~-~ Deputy Assessor acree~e: a pate: 'l 'a~'~`~ f .r .: • • '~ Plat of Deed Calls for: Bedford ------ ------------- Bedford ------------ ---------- -- AREA ..... ........ .... .. CLOSING ERROR .. Scale 132 ft/in Acres 21.598 Bearing: S83.0856W North Shift: +0 Sq. Feet 940810 Feet 0.10 East Shift +0 Sq. Meters: 87404.0 Meters 0.032 DMS Rotated: +000.0000 Perimeter 4260.86 Precision: 1/41003 1. S00.2534W 180.00 2. N89.3426W 11.94 3. Cl Left, Radius= 20.00 Bng= s75.2436w Dist= 10.36 4. C2 Left, Radius= 687.00 Bng= s7.1101e Dist= 198.40 5. C3 Left, Radius= 20.00 Bng= s82.1002e Dist= 5.16 6. 589.3426E 29.44 7. 500.2534W 50.00 8. C4 Left, Radius= 20.00 Bng= s65.2256w Dist= 16.93 9. S19.3943E 205.01 10. C5 Left, Radius= 20.00 Bng= s84.3704e Dist= 3.46 11. S89.3426E 32.91 12. 500.2534W 50.00 13. C6 Left, Radius= 20.00 Bng= s65.2256w Dist= 16.93 14. S19.3943E 205.01 15. C7 Left, Radius= 20.00 Bng= s84.3704e Dist= 3.46 16. S89.3426E 28.16 17. S00.2534W 50.00 18. C8 Left, Radius= 20.00 Bng= s69.0227w Dist= 14.50 19. C9 Right, Radius=390.45 Bng= s06.3526e Dist= 95.40 20. S00.2534W 97.32 21. C10 Left, Radius= 20.00 Bng= s74.3426e Dist= 10.35 22. 500.2534W 50.00 23. C11 Left, Radius= 20.00 Bng= s46.4917w Dist= 27.59 24. 503.1259W 62.15 25. 589.4406W 819.82 26. N00.1924E 1315.99 27. S89.3426E 620.08 28. S00.2534W 45.00 ,~ S89-34'26"E ~ 620.08 m 3 V O mo ~o N ~ I .-~ O O n U' alfl ~. . W ~ ~ Q Q1 Cn N O1 Q1 ~ 11 o `'' `~ 10N z Cliental Bedford r~ o 16 1~ ~o 0 2g 2~' Q S89-44'06"W 819.82 Print Key Output Page 1 5763551 V3R1M0 940909 51021486 07/28/95 09:05:08 Display Device QPAOEV 0006 User ASR2 T ~d~aRA PFMR02 96 N E W M A ~~ T E R U F' D A T E A~R2 INCRA 7/28/95 Parcel 51106212408 Code Area 03 Type Qty Value ACTIVE Name BRICMTO~d CORPORATIOPd 12.390 Buyer Bank Code C/O Lien Code Address 12301 W EXPLORER DR Pr•ePaid -SUITE 200 L.I.D. BOISE ID Bankrupt 83713 - 0000 Sub.Code Anexation Last Change 95/06/26 By A5R2 ALLEN From: Tata1 Entity Legal PAR #2408 OF NE4PdW4 SEC 6 3N1E Exemption #212410-5 #95018742 Q3i~d01 E062408 3N 1 E 06 Hardshi p Property Zoning R-8 Flag Address 00585 E USTICK RD MERIDIAN TG 83642-0000 D.D. 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NW on(LV ~ ~ (~~~ nul ~Dl~(~T ~LC[~M E ~kGld T -'I.~.P / ~f 7KE A7L1 ~1 'lam _ , p~~s LS7~' ~'r~lg7' ~ s ~tlcuJ se OQ~V_~~~ ~ P~n9 wo~C A~_A~-T ~.E~-',~dt _ _ t=s~l~/ aPrnlia~t T~1~y_yu. 4rt,E -/tl~ ~ ~t1C~ ou ~L~F ._. _ ,. ~ES~r ASSE-r -~l~s ~~vuinu~~ry ~fhs AT ~tl~~,Q~s,~~l TINE. i/ , , ~ / ~'. ~ . ~~l - - ;~ ~~. ~y_ae_auu.s~~~__ SU~IVISION EVALUATION ~EET ~E~E~V~D 5EP 0 6 1994 ,~- Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 8/25/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enar. / Brighton Corperation The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. /~ n BEDFORD PLACE SUBDIVISION X. ~~ S/~~`~'Dat~~u `~ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. USTICK ROAD" '`N. CURT DRIVE" The following_new street names are approved and shall appear on the olat as• "NORTH ARROWWOOD WAY" "E. ADDESON STREET" t,1 l E~~ "E. SEDGEWICK STREET" "E. EDGAR STREET" The following grooosed names may be reserved to be used on this subdivision slat: "BALDWIN" "OBERLY" "WAKELY" The above street name comments have been read and approved by the .following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, E CY REPR NTAT VES OR DESIGNEES Ada County Engineer John Priester Date Z Ada Planning Assoc. Terri Raynor Date ~S `~' ,~ 1 Meridian Fire, District Representative , ~ ^~ Date 7iS NOTE: A copy of this evaluation sheet must be presented to the Ada C unty Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index c..,.,,+ t.,a,,., Post-it" Fax Note 7671 Date ~, 3v pa9~- To ~. ~ From ~r` ' Co. Dept. ~ Co. ~. ~ . r. Phone # Phone # Fax # ~ ~ ~ D3 ~ Fax # ? 4~ ~S " ~ ~ ~ -l '~/3sGa5/ .s~i~ 95018'l'iz INSTRUMCNT No. QUITCLAIM DEED ~<<~,, ::, :. ,~:~.;.!;~i;+~,:Fi ~. UVISL ~~~ ~IaNf=ER TITI_t- For value received IiELEN V. DAVIS, a widow '9s r~~F~ zi Fr~~ ~> zs does hereby convey, release, remise and forever quit claim~j~,, ~..,!r F f li .,/ unto, IiRIGII'I'UN CORPORA'1'IUN, AN IUAIIO CORI'ORA'LION REC l~!,~.,, ,', ~ ~ ~. ', : ~~u: ST oi' 12301 W. Gxl)lorcr Drive, Suite 200 13oisc, ID 83713 the following described premises, to-wit: Scc Attached Cxhibit "A" together with their appurtenances. Datccl: ~.~i(Y : Z7 ~~~s J/~ 2~ ~._._.-.~~ Helen V. Davis, a widow STATE Ol~ IDAHO, COUNTY OF ADA On this ~I~ ~.- day of ~~,N a"y before me a ota Public,m and for said cafe, personally pfipeared HC-,LEN V. DAVIS, known or idciitifiCd to me to be tltc person whose name is subscrib``~~e,d`,~~tJJO the within' inslnmtent, and acknowledged to me lllal shC CXCC~``tlA Cnq LnlpJC, '. ly ~v.l'j1~ll :SE'S ~d1E>~GA ~Ij jtnvc I~crctmto set my hand and atTixed m o s I t l ndyear~in this certificate~first above written. r, ~ ~:.~ l~~~0010~7 l hereby certify that this instrument was filed for record nl the request of nt minutes past dclock nt., 19 , in my orrice, and duly recorded in honk Of Deeds at pagC Dy Ex-Otlicio Recorder Dclndy. "~ 'J •' NotnryPublic••• • ', ` csiding nt,~j/'~ dam' ,Idaho Fees $ i '; Conan. expiresi. • . ~'', ~~ Mnil to: r ' ``/~E N G f iy~,Fq~ RUBBLE ENGINEERING, INC. ~ 9550 AethPl Court + 'aicp, Idaho 8:i:~::3 20°'372-p992:Fax?.~'?'8^':"r 9 ? _ ~~ Svav~yo GXfI.L13i'I' "/~" Project No. 9403 Dcccmbcr 29, 1994 DESCRIPTION OF BEDFORD PLACE SUBDIVISION, PHASE I CONSTRUCTION FOR THE BRIGHTON CORPORATION A PORTION OF GOVERNMENT LOT 3, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of Government Lot 3 of Section 6, T:3N., R.1 E., B.M., Meridian, Ada County, Idaho and more. particularly described as follows: Commencing at a point marking the section corner common to Section 31, T.4N., R.1 E., B.M., Section 36, T.4N., R.1 W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6; which is also the centerline of East Ustick Road, to a point marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26"West 694.77 feet along the said Northerly boundary of the NW1/4 of Section 6 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°25'34" West 225.00 feet to a point; • 1~49UO101f~ thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet and a long chord of 10.3n feet bearing South 75°24'36" West to a point of ending of curve, also said point being a pcint of beginning of curve; thence Southeasterly along a curve to the left 199.09 feet, said curve having a central angle of 16°36'16", a .radius of 687.00 feet and a long chord of 198.40 feet bearing South 7° 11'01" East to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 5.17 feet, said curve having a central angle of 14°48'47", a radius of 20.00 feet and a long chord of 5.16 feet bearing South 82°'10'02" East to a point of tangent; thence South 89°34'26" East 29.44 feet to a point; thence South 0°25'34"West 50.00 feet to a point of beginning of curve; Bedford Place Subd.-Phase [ Page 1 of 2 f • 1~i~~;30U~U19 GX(iI13IT "11" CON'PINUCD Projcc: I~'o. 94035. Dc~~_mSer 29, 1994 thence Southwesterly along a curve to the left 17.48 feet, said curve having a central angle of 50°05'17", a radius of 20.00 feet and a long chord of 16.93 feet bearing South 65°22'56" West to a point of ending of curve; thence South 19°39'43" East 205.01 feet to a point of beginning of curve; thence Southeasterly along a curve to the left 3.46 feet,. said curve having a central angle of 9°54'43", a radius of 20.00 feet and a long chord of 3.46 feet bearing. South 84°37'04" East to a point of tangent; thence South 89°34'26" East 32.91 feet to a point; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 38.43 feet, said curve having a central angle of 110°05'17";a radius of 20.00 feet and a long chord of 32.78 feet bearing South 35°22'55"West to a point of tangent; thence South 19°39'43" East 53.73 feet to a point; thence South 70°20'17" West 66.00 feet to a point; thence North 89°34'26" West 686.58 feet to a point on the Westerly boundary of the said Government Lot 3 of Section 6; thence North 0°19'24" East 825.00 feet along the said Westerly boundary of Government Lot 3 of Section 6 to a point marking the Northwest corner of the said Government Lot 3 of Section 6; thence South 89°34'26"East 620.08 feet along the said Northerly boundary of the NW1/4 of Section 6 to the point of beginning, comprising 12.39 acres (539,609 square feet), more or less. Prepared by: NUBBLE ENGINEERING, INC. ~~ ~ ~~ y't• ~OD~~'~ GPS/GLR/bh/994.des Gary odenspiel, P.L.S. Bedford Place Subd.-Phase I Page ? of 2 ~J • !_ ~A-~aa~sa ~~lw~r 9y0~302`f l~.i~ : UU1'1S1 D,~. ^C. ~~;cCDRDcR WARRANTY DEED_ '~' DN~11D lA'i~^ZO '' n~SE ID , (With Reservation of Life Est~te /~ THIS WARRANTY DEED, made this 10th day o~Rebttrar~i~ 199A; between HELEN V. DAVIS, a widow, of Meridian, Ada County, Idah~Et("GRANTOF~'~;. and HTON CORPORATION, an Idaho Corporation, whose address~~~DjW ,Exp(~es<~rO,Fe, Suite . 200, Boise, Idaho 83704 ("GRANTEE"); WITNESSETH: The GRANTOR, for and in consideration of the sum of Ten and No/100ths Dollars, lawful money of the United States of America, and other good and valuable consideration, to her in hand paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, .convey and confirm unto the GRANTEE, and to its successors and assigns forever, all of the following described real property situate in the County of Ada, State of Idaho (hereafter "Subject Property'), to-wit: Real property. described on "Exhibit A" attached hereto and made a part hereof. SUBJECT TO: The exceptions shown on "Exhibit B" attached hereto and made a part hereof.. FURTHER SUBJECT TO: The reservation by the GRANTOR of a life estate in and to the residential dwelling located on the Subject Property and occupied by the GRANTOR at the date of this Warranty Deed, Including the land adjacent thereto required for the. GRANTOR's use and occupancy thereof as her residence, together with full and unobstructed rights of ingress and egress thereto (which dwelling, land and rights of ingress and egress are hereafter called "Dwelling"), said life estate herein reserved to be on the following terms and conditions: (a) The life estate herein reserved shall continue for the life of the GRANTOR, or until. the GRANTOR pdrmanently relocates. her place of residence to a place other than tho Dwelling, whichever shall first occur; (b) During the term of the life estate herein reserved, the GRANTOR shall keep the improvements comprising the Dwelling insured against loss by fire and other casualty in an amount not less than the full replacement cost thereof, with the GRANTEE to be named as the loss payee WARRANTY DEED - 1 1 • • lfi~ i X01. r`52 thereunder; provided, that if said improvements are damaged or destroyed by fire or other casualty, neither the GRANTOR nor the GRANTEE shall be obligated to repair or replace the same; (c) The GRANTOR shall pay all ad valorem real property taxes and other assessments levied and assessed against the Dwelling during the term of the life estate herein reserved, apportioned-for any period of less than a full calendar year. (d) The GRANTOR shall pay for all utilities used or consumed in connection with the Dwelling during the term of the life estate herein reserved, and for all maintenance and repairs necessary to keep and maintain the Dwelling in a good and habitable condition. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, including any and all water rights, mineral rights, easements, .rights-of-way, and all improvements located thereon; the reversion and reversions, remainder and remainders, rents, issues and profits. thereof; and alt of the GRANTOR's estate, right, title and interest in -and to the Subject Property, as well in iaw as in equity, subject to the reserved life estate above described. TO HAVE AND TO HOLD the Subject Property, together with the appurtenances unto the said GRANTEE, and to its successors and assigns forever, and the GRANTOR does hereby covenant to and with the said GRANTEE, and its successors and assigns, that the GRANTOR is the owner in fee simple of said real property; that the Subject Property is free from all encumbrancs~ except as may be otherwise expressly ~oecified herein; and that the GRANTOR will warrant and defend the Subject Property from all lawful claims whatsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set her hand and seal the day and year first above written. HELEN V. DAVIS .~ WARRANTY DEED - 2 • • lU::UU~~~3 STATE OF IDAHO ) County of Ada ~ ss: On this ~ of February, 1994, before me, the under ' Put,lic in and f rd said State, personal) a signed, a Notary to me to be the person whose name is subscrib dLEo theDforelgo ng inst ument Land acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) -_., .....~,.. ~~ nuance Residing q~~ Idaho My Commissio Expires: ~~/~ . WARRANTY DEED - 3 X6'7 : UCIl'75~ EXHIBIT A (Description of Subject Property) GOVERNMENT .LOT 3, of Section 6 in Township 3 North,- Range 1 East of Boise Meridian, Ada County, Idaho; EXCLUDING therefrom: That portion lying within the Ustick Road right-of-way, Including in said excluded portion, but not necessarily limited to that portion conveyed to the State of Idaho by Deed recorded in Book 215 of Deeds at Pages 118 and 119, records of Ada County, Idaho. EXHIBIT A -Page 1 of 1 EXHIBIT B (Exceptions to Title) ~~ r'7UU,1 ~ 55 1. General taxes for the year 1994. 2. Non-delinquent liens and assessments of the New York Irrigation District and/or the Nampa Meridian Irrigation District. 3. Rights and claims in and to ditches, canals and/or laterals which are located over and through the property. EXHIBIT B - Pago 1 of 1 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 31.1994 APPLICANT: BRIGHTON CORPORATION AND AGENDA ITEM NUMBER: 7 NUBBLE ENGINEERING REQUEST: PUBLIC HEARING: REQUEST FORA PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~"~ ~~w ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTAHCED COMMENTS Pall ~°""."~`' ~~ rlc c~ ~ ~~~1 ~~ d ~~~ ~~ s~ OTHER: HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN RONALD R. TOLSMA ROBERT D ICORR E GARY D. SM THS P.EYCity Engineer . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887.4813 Chairman ~ Planning tx Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM May 27, 1994 To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE ~ '" RE: BEDFORD PLACE SUBDIVISTON (Brighton Corporation -Preliminary Plat) I have reviewed this submittal and offer the following comments for your information and or consideration for use as conditions of the applicant during the hearing process: 1. Submit Ada County Street Name Committee approval for street names shown. 2. Lots 46, 47 -Block 1 and Lot 43 -Block 2 appear to be less than 6500 square feet in size. 3. The chord dimension on all bulb and culdesac lots needs to be at least 40 feet. 4. The McArthur Street frontage of Lot 24 -Block 1 needs to be increased to 65 feet, minimum. 5. Are there any irrigation ditches, other than the Onweiler Lateral crossing the property? If so these need to be piped. 6. Fire hydrants and street lights need to be located. 7. Proposed restrictive covenants need to be submitted for review. 8. ACHD needs to submit a letter indicating that off-site storm drain piping will be maintained by them. 9. How will the traffic from this subdivision impact the present use of Ustick Road? 10. Establish the highest seasonal groundwater level and the address the ability of the subsurface soils to percolate surface waters. 11. Ail abandoned lengths of the Onweiler Lateral and the Finch Lateral crossing building lots or public streets will need to be cleaned and backfilled with compacted pit run material to provide support for building or street construction. 12. The arrows for Section A-A are pointing the wrong direction to show the section drawn. 13. Provide benchmark reference for the contour lines shown. 14. Approval of this proposed subdivision should be conditioned upon our ability to provide domestic water as determined by our water system computer model. 15. A 12 inch diameter water main will need to be installed in Ustick Road by this developer for the length of the Ustick Road frontage and shall be connected to the subdivision. 16. Other subdivisions have been providing a 20 foot wide common area lot, for landscaping/berm purpose, adjacent to section line roads rather than an easement. • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Pollce Chlef WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zonin_g~Cc~ ~~sion, Mayor and Council FROM: Shan Planning & Zoning Administrator DATE: May 26, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Bedford Place Subdivision Request for annexation and zoning of R-4 for 153 lots on 39.48 acres generally complies with the Comprehensive Plan and minimum requirements of the Zoning and Development Ordinance. The following items are noted to be addressed by Applicant: Include names, addresses and telephone numbers of the owner(s) and developer on the plat. 2. Include designer's initials on all plats, both preliminary and final. 3. Submit executed license agreement with Nampa-Meridian Irrigation District for all irrigation conveyance relocations/encroachments. Bike path (width of 8') configuration must blend with adjacent Finch Creek/Fothergil developments. Submit composite map showing this proposed pathway. 4. Add note on fmal plat that direct lot access to Ustick Road and North Arrowwood Way is prohibited. 5. Submit proposed covenants for review and approval prior to final plat submittal. 6. Submit vicinity map showing relationship of proposed plat to surrounding area (1 /2 mile minimum distance from exterior boundaries, scale optional). 7. Show minimum house size of 1,350 s.f. as note on final plat and in covenants. 8. Landscape easement along Ustick Road should be called out as a separate lot and not included as part of single-family lots. Maintenance by homeowners association should be called out for this 20' landscape lot. • # Planning & Zoning Commission, Mayor and Council May 26, 1994 Page Two 9. Block lengths exceed 1,000 feet. Pedestrian access must be provided to east Finch Creek Subdivision and parcel north of Finch Creek in area of Lots 32 and 33, Block 1. Storm drain location in area of Lots 26 and 27, Block 2, could also serve as pedestrian access. Stub streets to east and west with adequate sidewalk/pedestrian access would take care of this. 10. Elementary school and park school sites are still needed in this area. Students in this subdivision will probably have to be bussed to another school outside existing boundary. 11. Development agreement is required as a condition of annexation. 12. Existing home should access Bedford Street when garage is relocated. 13. Include streetlight and fire hydrant locations. 14. Resubmit plat, addressing ~,..1 staff and agency comments. 1 J MERIDIAN CITY COUNCIL MEETING: July 5.1994 APPLICANT: BRIGHTON CORPORATION AND NUBBLE AGENDA ITEM NUMBER: 13 ENGINEERING REQUEST: PUBLIC HEARING: 'Reques~ .Coy I~re,~;,,.,;~narY `I~la+ .fir l'3ed~'a'c~ ~1QCR GA ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U$ WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~~~~ • f~ MERIDIAN CITY COUNCIL MEETING: July 19 1994 APPLICANT: BEDFORD PLACE SUBDNISION AGENDA ITEM NUMBER: 3 REQUEST: TABLED DUE TO LACK OF ANNEXATION AND ZONING AGENCY COMMENTS CITY CLERK: MINUTES FROM JULY 5,1994 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~Sk ~~~ ~~ Z~' ~P~ OTHER: a i a ~ • Meridian Planning & Zoning May 31, 1994 Page 8 ITEM #7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION, 153 LOTS BY BRIGHTON CORPORATION AND RUBBLE ENGINEERING: Rountree: I will now open the public hearing anybody for the applicant on this issue? Please come forward, state your name and address and be sworn. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, members of the Commission, you took action a month ago on this particular project which is a 40 acre parcel located on Ustick Road approximately 1 /4 mile east of Meridian Road. It lies just immediately north of the Fothergill subdivision which has been platted and is under construction currently just to the south. And lies west of the Finch Creek Subdivision and others including Cougar Creek that have been developed or are under construction to the east. We have been through the appropriate technical review meetings, discussions with your staff and with Ada County Highway District. I would like to speak to some of the features concerning the subdivision. The more notable was the fact that it lies along the Finch Lateral or in other terminology the South Slough. The Finch Lateral being the current preferred definition by the Nampa Meridian Irrigation District and that is fine. The project connects to Fothergill Subdivision with a connector street that ties into the same collector system through Fothergill that goes back to Meridian Road and through other connecting points in that subdivision to the south and to the east. Inconsideration of the design elements of it we did provide a single access point to Ustick Road in part to assist in controlling the flow of the traffic in as much as there would be a collector roadway established. The Ada County Highway District in reviewing the subdivision and the connection that it provides through that area concluded that with the control of access and the fact that there was a connector to which all of the interior traffic flow then was served did not require or concluded that there was not a need for a traffic study so no traffic study was performed. The interior system is essentially a series of loops with 2 culdesacs and then as a result of the Ada County Highway District Technical review and consideration by your staff planner, 2 other access points were requested and are shown in this, and has not incorporated into the plat in your agenda. This came about as a result of the later discussions. But it will be put into the revised preliminary plat and resubmitted to Shari Stiles. That was specifically that there be a connection point to the east and to the west out of the project to the adjacent properties for future development connections that may be required. And in part we were pleased with that requirement because right through the heart of the project is the location of the Onwieler Lateral. And what we have done in our discussions with the Nampa Meridian Irrigation District is propose to bring that lateral in and along the front of the properties rather than at the back in fenced yards. And so then it would connect out through into the adjacent property and along that roadway alignment. We will have to provide an access point for Nampa • • Meridian Planning & Zoning May 31, 1994 Page 9 Meridian to the back lot line location of that lateral and the properties to the east. We also will provide this other street stub and this is a repr2sentation. We will work out the specific location with Shari Stiles it could be here or up here. We didn't want to create a long straight through situation by having that stub come out this direction. In fact it could not because of the platted lots adjacent to it. One of the other features that we have concentrated on is what will happen in and along the Finch Lateral. We met with Nampa Meridian Irrigation District and in as much as the Fothergill subdivision will be fenced at this point and the lateral comes in at this point and exits the property here. We propose to assist in implementation of the City's desire of a pedestrian and bicycle corridor and not to put this particular feature at the back of the lots where it vuould be hidden by the fences to make it an intrigal part of the project with the linear open space that your ordinance speaks to. Having a street adjacent to it and not putting a sidewalk on the south side of the street, but providing the area for the 8 foot bicycle path just off that right of way. That would be of necessity a single crossing but there v~uld have been the necessity of a crossing in the subdivisions along the route as well. So what is proposed that there would be a canal access maintenance road for Nampa Meridian Irrigation District on the south side where they currently service that lateral that crosses through there. Presently it goes up through this area. So we are proposing to make it a linear situation with trees adjacent to the public right of way and they concurred with that as long as the trees do not overhang the lateral itself. So we believe it provides a buffer, a green space without fencing it and making it inaccessible. And the common area or the green area will be in fact maintained by the homeowners association as will the buffer strip and the islands at the entrance of the project. So the association will be responsible for maintaining that. There are some specific things that I would like to address from the staff report provided to you. In Mr. Smith's comments he has noted some areas that we need to check on some size of lots. And those are issues that will be taken care of, they are minor just a foot or 2 here and there of an adjustment will take care of that. He also indicated that we need to be approval of the street names, we had street name approvals with 3 that we have to because of duplication come up with some additional. There is only one item of particular question or reference. I would just like to make in item #3 of Mr. Smith's comments he talks about the chord dimension of all bulb and culdesac lots need to be at least 40 feet. WE found that there was one that was not, but there was also on those a flag lot, Lot 22 - Block 2 that does have a 30 foot frontage as we understand it that does comply with the requirements as a flag lot. So we would agree with the comment with the exception of Lot 22 -Block 2. Which is located right here at the end of Addison Street at the northwest corner. We believe that complies, I just wanted to make that specific reference. I also noted in item #9 he does ask the question how will the traffic from this subdivision impact the present use of Ustick Road. The developer is donating the 45 foot right of way necessary for ACRD to accomplish the 90 foot right of way. But they felt with the access limited to the one point and the fact that it was a collector system that they did not require the traffic study. They did not feel that the impact on the present use of Ustick Road was • Meridian Planning & Zoning May 31, 1994 Page 11 Alidjani: I have a question, are you still referring to Shari's comments #9? Wardle: Yes I am, which states Alidjani: I don't have that, will you read it for us? Wardle: It states Block length exceed 1000 feet. And I guess I don't know what that means because we view the block length as being from the intersection to the farthest point and in no case are any of these approaching 1000 feet. If the interpretation is clear around, clearly they do that, but I suspect you have many blocks in the City that are in violation of that if that is the case. In as much as we have no culdesac length that is more than 450 feet and clearly you have duet access into the balance of these blocks I guess we are hoping we don't have to apply for a variance because we don't believe that a variance condition exists and in fact the block lengths do not exceed 1000 feet. So there needs to be a clarification of that by staff. We do agree with the rest of her comments concerning pedestrian access and to the areas and stub streets she indicates will take care of that. But we do have the pedestrian access along the Finch Creek Lateral. There is one other concern, in item #12. And this is related to the existing home that Mrs. Helen Davis who is the original property owner has on Lot 4 in Block 1. I will submit this to the commission, but let me just briefly speak to it. The home sits well off Ustick Road and there is a long driveway that comes down to the southerly portion of the property and into a garage. Not too many months ago Mrs. Davis improved a sun room but made a physical connection to the garage. But it has been very difFcult as we tried to balance depths and sizes and so forth to incorporate that garage without creating some other unusual roadway alignments. So what we have proposed or what the developer is proposing to Mrs. Davis is that they build here a new garage connected to the home by a breezeway on the side. What it does though because of the length of the home it will create and Mrs. Davis does have a life estate for the property. It does create a situation where there will be a substandard front yard setback. And I don't, I'm not clear on whether you can acknowledge that or whether we would specifically have to apply for a variance either under provision 2-419 of the zoning ordinance or the subdivision and development ordinance section 9-612, but in any case I would like the Commission to be aware that we will be requesting a waiver, a variance for that particular front yard setback for that existing home. The home is a nice home, the garage will have to be relocated. We have considered and we will probably in the final plat the lot currently shows a depth of 128 feet, 20 of it will become the homeowners association maintained parcel. But if we take that out we can increase the lot by another 2 feet perhaps more to increase that setback. But I would like to submit that and express some conoem that we had direction on how to solve this with the relocation of that garage. Rountree: Wayne, that would have to go to the City Council in the form of a variance • • Meridian Planning & Zoning May 31, 1994 Page 13 Wardle: Mr. Chairman, it would be landscaped to the waters edge and maintained so there is no disturbance of the water flow. It would be a landscaped and groomed area. I suspect that the area along the south side where the Nampa Meridian might be a little less kept up because that would be a 20 foot wide gravel roadway and would be as close as we can actually design and get the necessary free board and the slopes. I believe 2 to 1 slope is the maximum that they will allow. So that will be constructed as closely to that access road as we can get it. Hepper: Okay, and then on the front there you talked about landscaping on the entry way, what did you have in mind on that? Wardle: Well vue have not prepared any plans, the developer will submit a landscape plan to the staff for both the island as well as the wings along these 2 corner lots and the buffer strip along the road, but that will be submitted to staff. Hepper: Did you plan on putting a fence along there? Wardle: There would be a fence along the inside of that yes sir. Hepper: Okay, what was the setback on that house that you said was going to have, you said it was going to be a violation. Wardle: As it is currently on the drawing it is about 81/2 feet from the property line which would pull it about 101 /2 feet from the back of the front block. We hope to increase that by 2 or more feet so that it will be at least 10 1/2 feet from property line perhaps more. If we can move everything a little bit southerly without taking away from the necessary dimensional standards of the lots we will, but we know that we can get at least 2 more feet, hopefully more than that. Hepper: Those are all the questions that I have. Rountree: Any other questions? Thank you, wee might have you come back and respond to questions. Anybody else wishing to testify on this item? David Couch, 395 East Ustick, was sworn by the City Attorney. (End of Tape) Couch: I had about 4 items I would like to address. I am the property owner to the west, the west side of that subdivision has a slough that is approximately 6 to 8 feet deep with very vertical sides. Basically along the length of it. One of my concerns being adjacent • • Meridian Planning & Zoning May 31, 1994 Page 15 it was that they would fence the home, the garage and the yard with fencing comparable to the rest of the development. And also that they would asphalt my driveway from Ustick road to the garage allowing trench space and parking. My request is that I be allowed to keep my garage where it is. Rountree: Anyone else wish to testify? David Turnbull, 12301 West Explorer Drive, Boise, was sworn by the City Attorney. Turnbull: I will just address some of these points as they come along, I guess I should actually go in reverse order and address Mrs. Davis's testimony. In fact Mrs. Davis is correct and we will abide by the agreement she originally entered into with Mr. Davis in regards to fencing her property and all of those kinds of things. I have not had the chance to meet Mrs. Davis, one of my employees, Mike Tanner, has met with her a couple of time. And initial indications were that we had some kind of an agreement or someway to resolve this garage issue. The garage as it sits right now, it is a cinderblock garage it has a metal roof and what we have been proposing to Mrs. Davis is to replace it with a structure all be it in a different location, but one that we could work out with her that would be satisfactory to her and of a similar construction to her house instead of the cinder block and metal roof. If we can't work that out we will certainly work around Mrs. Davis and we want to make sure that she is happy. We don't want to infringe upon her territory or cause her any discomfort or grief. We intend to make Mrs. Davis happy and I don't know if that is something we can do here at this meeting tonight. We have placed a couple of calls to Mrs. Davis's attorney Jack Riddlemoser, t think he has been injured in some sort of a horseback riding accident and hasn't been at work regularly. So we haven't been able to make that contact at this time to help get that resolved. I just wanted to state that we will work out the situation with Mrs. Davis to her satisfaction. Mr. Couch, made some points that I will address and some of them relate to drainage which I am not the engineer and the engineering firm I'm sure will work out the drainage details. The Onweiler Lateral will be conveyed through the property, it will be tiled ditch, if concrete structures need to be rebuilt or relocated they will be. That drainage will continue across the property. Compatibility with lot sizes surrounding areas, I think Mr. Couch has picked out maybe a few lots. in the Fothergill Subdivision, but there are many lots in the subdivision that are a smaller size. I might note that the Fothergill subdivision hasn't allocated any open space. We have approximately 2 1 /2 acres to be set aside for the greenbelt area. So I think that should have some bearing, we are also planning on landscaping that as was asked to our representative Mr. Wardle, we do plan on doing a first class job in that area. We don't know in the long run whether that becomes the City's greenbelt. If the City has a Parks and Recreation department that would intend on taking over maintenance of that. We don't know until such time that it would be the responsibility of the owners association. Irrigation and drainage that is on the west side of the property that separates from Mr. • • Meridian Planning & Zoning May 31, 1994 Page 17 no objection to making that a condition to the preliminary plat. Alidjani: The problem we have is we are going to ask for findings of fact tonight to be made and the preliminary plat that you modify later on is (inaudible). Turnbull: Well, it would be, it would not be in my view a significant variation which would change the basic concept of the overall preliminary plat. We would just have to work around her. What we are proposing to do is to provide her something at least as good if not better. And if we can come to terms we prefer to proceed further on this design. Alidjani: Thank you Rourrtree: Thank you, anybody else wish to testify? Mr. Wardle do you want to address some questions? Wardle: Yes Mr. Chairman I would, and I do agree what we have thought about options and the options that we, if we need to make a modification to that preliminary plat is not by wholesale change. There is a way to do that and to keep her home and garage intact if it was necessary. But if that can be done in some type of a clause that is possible with the City we would appreciate that. One thing that needs to be noted however in your staff recommendations and the Ada County Highway District are a little concerned about Mrs. Davis's stated concern of keeping her access from Ustick Road. She would like, let me just illustrate that. I guess the way that exhibit, currently she must drive all the way to the back of her property and into the garage, some 13~ feet or so. If this property or if this parcel is bermed and landscaped to have a singular access point of a driveway into the Ustick Road right of way could be very dangerous to Mrs. Davis herself. The options of course with the driveway accessible from the interior either in this configuration or some other configuration would give her direct access to her driveway, would certainly be safer and I don't know whether the Ada County Highway District frankly will approve that. And I understand her desire to maintain her address and perhaps the postal service will allow her to maintain her Ustick Road address, but provide the mail to her from the residential street on the interior. That would be one concern, she is requesting to do, to allow her to keep that, your staff recommendation is that it not be provided. We will as Mr. Turnbull noted conform to the requirements of not only the City but the Ada County Highway District and the Irrigation companies with regard to drainage. The drainage will be handled appropriately and discharged only to where it is authorized to be discharged. it is a little difficult to consider how total safety can be addressed to the slough and as much as that is on Mr. Couch's property, there are a lot of waterways and areas that are accessible and in fact the concept of providing access around the Finch Creek Lateral up and down the system means that there will be access and we don't know of any way that can be totally eliminated. I understand the concern but perhaps that is something that at some future • • Meridian Planning & Zoning May 31, 1994 Page 19 Rountree: For now? Brian: For now. Alidjani: And you said you were not prepared. Brian: No, I save my preparedness for the City Council. Hepper: Don, what are your thoughts to the widening of the Locust Grove Road? You are concerned about the traffic and all the subdivisions going in, what are your thoughts about widening the road? Brian: I know they are going to widen the road, they are planning on widening the road and its coming. But I think with all the subdivisions coming in widening the road isn't going to help any. I still have to wait for the traffic going north before 1 can south, unless I can get a stop light put at the end of my driveway, which I doubt. It will handle more traffic, but I am still going to be sitting out there waiting for all the traffic coming down from light to light on each end, because I imagine there will be a light Ustick. Hepper: But in relation to this subdivision you talked about the impact of traffic the need for a traffic study and the 153 houses and stuff like that. Don't you think the widening of roads will alleviate some of that problem? Brian: I believe it will alleviate some of the problems but I don't think the roads are going to be done in time. Just like Eagle Road was supposed to be started and done and 1994, and last I heard it was 1996 before it is going to get started. Hepper: I agree they have a (inaudible) that is a problem. Brian: I see the same thing happen for Locust Grove, it is projected to start 1994 and last I heard was land acquisition was 1995 and construction starting was 1996. We are talking 2 years down the road after all of these subdivisions are filled up and people are using that road. That is my concern, but I do think the widening and the improvements are going to improve the traffic system. I don't think we are going to get the system the highway department to act fast enough. The last 2 years 1 have been coming down here I have been hearing the same thing about, well we approve the subdivisions and Ada County's responsibility to provide. Shearer: The reason that I would guess they didn't do a traffic study on this because traffic studies on these normally are in the subdivision themselves. When it gets to the mile roads, those roads are already planned to take care of the impact. As each of these Meridian Planning & Zoning May 31, 1994 Page 21 Rountree: I believe the discussion related to this particular item, the subdivision was going to be consistent with Fothergill in terms of house sizing. It is as far as the R-8 zoning and I think Tim's question was would it be compatible with those adjacent to it in Fothergill. I believe Tim came up with the figure of 1350. Hepper: That is what we have all the way down Ustick there. Rountree: And that in fact is a condition of the annexation and the findings of fact have been acted on by the Commission. Hepper: Chamberlain Estates, all of those down there (inaudible). Hunter Point is one of the biggest ones in there it is 1350 so that would be consistent with what is in there. Rountree: Any other discussion? Alidjani: One more, Mr. Smith also the developer asked for an exception on #3 on your comments. (inaudible) he had or do you want to s#ick with your plan and do it the way it is? Smith: Mr. Chairman, Mr. Alidjani, the only thing I was referring to is what the ordinance requires. Either the chord dimensions on the bulb lots or culdesac lots (inaudible) or they must request a variance. The one lot that Mr. Wardel pointed out as being a flag lot doesn't vaguely resemble a flag and that is the definition in the ordinance. So a 30 foot frontage on that lot is acceptable according to the ordinance. Rountree: Do I have a motion? Alidjani: Mr. Chairman, I make the motion that we ask our City Attorney to draw up findings of fact Rountree: We don't need findings it is a preliminary plat. Alidjani:, I would make a recommendation that they would have the concerns of Mrs. Davis and some kind of resolution that she is happy, also that all the criteria and the comments that Gary had and Shari had to be met to their satisfaction. And that the minimum lots are to be 1350. Shearer: Second Rountree: Would you repeat your motion please. Meridian Planning & Zoning May 31, 1994 Page 22 Alidjani: My motion is to approve the preliminary plat with those conditions that I have stated. Rountree: Okay, that motion has been moved and second to recommend the preliminary with the conditions so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETT'S MEADOWS N0. 2, 10 LOTS BY RONALD HENRY AND J. REECE LEAVITT: Rountree: Anyone here for the applicant to make a presentation? Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: Mr. Chairman, Commission members this is a proposed subdivision which is an addition to Fawcett's Meadows No. 1 which was approved last month. This is a small subdivision of 10 lots and it is directly south of the #1 subdivision. The total piece of property is 5 acres it is located at 2240 South Meridian Road. What is planned for the 10 lots is really an extension of Favvicett's Meadows No. 1, in other words there are going to be all the utilities connected and extended to these lots. The pressurized irrigation system will be extended to these lots. So basically it will be just a small extension. Some of the comments I might address by Gary Smith, item #3, what provisions are .being made to pipe irrigation and drainage ditches across the property. Basically we are going to discontinue those ditches are we are going to provide pressurized irrigation system to the .entire parcel. Item #5, submit proposed restrictive covenants, these covenants will be the same as I have submitted in the first subdivision. The storm drainage system and collection system will be an extension of the first phase. Item #8, there probably will have to be a variance or there appears to be a variance for the setbacks of the buildings on Lot 9 and 10 -Block 4. I guess we just have to apply for a variance on that. The sewer service for Lot 10 will most likely be extended down Fawcett Avenue and to Lot 10 across lot 9 I think that is the best way to do that. I think that is really about all I have. Rountree: Any questions? Thank you, anyone wish to testify on this application? Seeing none I will close the public hearing. Is there a recommendation, motion? We needs findings. Shearer: I move we have the City Attorney to prepare findings of fact and conclusions of law for this project. • Meridian Planning & Zoning May 31, 1994 Page 20 houses are built there is an impact fee which goes to ACHD which they will fix those main roads. Until a lot of these houses are built they won't get a lot of impact fees. However this impact fee is only 2 years only now and so up until a couple years ago we didn't even have that so there was even more lag than there is today. I understand what you are saying. Brian: The argument I have is not the lack of traffic study it is the idea that there is no impact to justify it. My opinion is that traffic studies don't do any good anyway because they are hired by developers to do the study and to make. Shearer: Well, the study for those are for the subdivision roads themselves. I mean it doesn't take any study on Ustick, we all know Ustick is eventually going to be a 5 lane, like all the rest of the mile roads. They are all set up that way. So, there is really nothing to study there other than when the impact fees are available the road will be widened. Brian: So the additional 1500 trips down Ustick everyday is not a significant increase? Shearer: Sure it is, but we are not going to build a road, nobody is going to build a road in the United States until the people are there. The people come first and then the roads. Brian: Can't we plan ahead, isn't they why we are here. Shearer: If we did we would have roads going out to the dessert with nobody living out there, like they do in Russia, of course over there they can make you live out there. All of these concerns they are growing pains and you are right there are going to be growing pains, once it is all houses in that entire area that entire section almost is subdivided now. And when those houses are sold that impact fee is going to be there to do those roads around it. And it will happen. Brian: Well I hope down the road when we get this all developed, that whole section gets developed we can say we did the right thing. Shearer: I hope so too. Rountree: Thanks Don, anyone else wish to testify? For the record we received one letter on this particular item in opposition to the proposed subdivision preliminary plat. If there is no more testimony I will close the public hearing. Discussion. Alidjani: Mr. Smith, I have a question how many subdivisions out there are adjacent to it that (inaudible) do they have a minimum of 1350 for.the square footage of the building or are they ? You don't know, does anybody know? • Meridian Planning & Zoning May 31, 1994 Page 18 point when Mr. Couch develops his property that slough area can be covered if it is not suitable for an amenity feature. I don't have any other comments Mr. Chairman unless you have questions. Rountree: Thank you, anybody else wish to testify? Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: Well, I wasn't planning on talking to you tonight so I am not prepared. But after listening to everything that is going on I can't help but to state my concems. And when Mr. Wardle said that it was determined that there was no reason to have a traffic study because of the comments from Ada County I believe or somebody that it would not have a significant impact on traffic in the area. We are talking 153 lots of another subdivision, and you all know how many subdivisions are going on in that area. And all the traffic is going to be, well you have 153 lots and they figure 10 trips a day for each lot, going down to Ustick and down Locust Grove and going to the new shopping center on the corner. I can't believe there isn't any impact there. All of these subdivisions going in one after the other, 100 here, 200 there, it just keeps going and going. I am kind of wondering when it is all going to stop or if it is going to stop and what we are going to do with all the traffic. If we are just going to keep going until we get a major traffic gridlock worse than what we have already and then let Ada County catch up to us. Or we can do something about it now and let the highway system catch up. Another concern I have is the variance he is asking for on the housing size, we made our ordinances for the City to keep the plan of development that we have here now 1350 and all we are doing by providing a variance is going down hill. It is my opinion but we have already created a dumping ground for R-8 developments. City Eagle says no to a lot of these they want their open spaces, they are getting nice developments, the higher end. It is a beautiful city over there, it is getting to be a nice City and Meridian is all these clustered R-8 developments, 10 years down the road they are going to look like hell with all the fencing that is going on that is going to fall down. These homeowners associations I don't know how long they are going to be intact with all of these new development. Who is going to take care of all the property that is between them and the new highway. And like we already have on Locust Grove, that is one of my concems. Another concern that I have is for the open ditch and the waterways and we all want greenbelt and we want nice little streams running through our greenbelts, but we don't live on the Boise River. And any open waterway that is used for irrigation is nothing but a problem. And it is going to be a problem, its going to create a place for kids to play in and when they care of it when they are mowing it and they are trimming it with their weed eater, the commercial people that come out there and take care of the greenbelt all the trimming is going to go right in that ditch. You can't help keep them out there when you are #hrowing your trimmings around. That is just a concern that I have, but I believe those are all of my concems. • • Meridian Planning 8~ Zoning May 31, 1994 Page 16 Couch's property, it is a situation that is already there. We intend to fence our property away from #hat so that it would not have direct access off of our property to it. But I can't prevent somebody from coming around Ustick road and jumping into it from Ustick Road, I don't suppose, I can't cover it from all directions. The berm landscaping area that we have on the front of Ustick Road vuould be landscaped to a very high degree, I think if you look around at some of the projects that we've done, we do a first class job on them, on our frontages, on arterial and entrys. Finally, I guess as Mr. Wardle said in the Planning & Zoning after the public hearing was closed and in #act it was the next meeting where the findings of fact were considered. The provision was added to make the minimum size of homes in the project 1350 square feet or greater. Just reading from the housing goal statement from the Comprehensive Plan documents, economic development housing goal statement provide a full cost range of desirable housing for individuals and families who have chosen Meridian as their home. And then it says under that under policies, approve quality housing projects that meet the needs of all economic levels. We have done projects in Meridian where vue were allowed the 1000 square foot homes, 1100 square foot homes and so on in an R-4 zone in fact and we elected to maintain a 1300+ square foot minimum in there. We also, you will have before you here in the next few weeks the preliminary plat on the golf course expansion which we are doing and which we are contributing 50 acres to the City for the golf course project and that will be an upscale project, probably one of the more upscale project, probably one of the more upscale projects in Meridian. So, I think we are too trying to offer a variety of economic housing levels and it would be nice to think we can do all golf course projects with $150,000 - $200,000 homes but we have to realize that it constitutes a very minor portion of this market segment and if we can't find anyplace, we think this is an appropriate place. We plan on doing some nice homes but something that approaches the entry level. I would say entry level probably starts as low as a 1000 square feet, I don't propose to do anything that small but I would propose to do something smaller than 1350 square foot level. So, those are my comments. Alidjani: Mrs. Davis has shown interest that she doesn't want any changes according to the original agreement and she had with you. You said you will try to make her happy, would you explain to me are you going to change your preliminary plat, or if it is going to stay that way the garage is on the road. Turnbull: Well, if we can't make her happy we will have to make a modification to the preliminary plat. Alidjani: In which respect can you say how you are going to change that modification? Turnbull: 1 probably couldn't tell you right now until we submit a design. We will make an appropriate modification and bring it back for a variation to the preliminary plat. And I have • • Meridian Planning & Zoning May 31, 1994 Page 14 to that many homes with the sewer there, I think irregardless most of the subdivisions are going to have a fence around them. I still think there are children and pets that are going to work their way around that fence one way or another and then very possibly end up in that slough. That is a safety concern on my part because it is right out my back door. I would hate to be the one that rescued a pet or a child. I would like to know what they could possibly do to help on the safety of that. Another item I would like to address, the last meeting that was concerning this subdivision was the developers spoke and made a comment that all the lots would be compatible and similar in size to the other subdivisions in the surrounding area. Part of the subdivision is to the south, there are 10 lots that are adjacent to that subdivision. Those 10 lots range in size from 9,128 feet to around 7,000. In the preliminary plat submitted it says that the minimum lots size will 6500 square feet. If it is to be compatible with the subdivision to the south the average of those 10 lots is 7800 square feet, it would be my recommendation that the lot sizes be increased in size to be compatible with the surrounding area. The Onwieler Lateral which was mentioned on the preliminary plat it shows it going through Lot 26 which evidently has been changed. The concern there is there are 3 concrete structures almost at the boundary line of that subdivision. I guess I am wondering are they going to realign the Onwieler Lateral, is it going to affect those 3 concrete structures. I am wondering where is the realignment going to take place. And last, in the notes, note 6 on the subdivision plat, it says that the storm water run off will be collected and r detained on site and or discharged into existing drain ways within or adjacent to this proposed subdivision. There is quite a bit of drainage when you get that large of an asphalt area with the roads etc. I guess I am wondering where is the drainage going to go. I haven't heard any specifics on that, I think the basic plan in the County is to encourage to keep it on site. I think those are the basic comments that I wanted to make. I thank you for you time. Rountree: Thank you, anyone else wish to testify? Helen Davis, 585 East Ustick Road, was sworn by the City Attorney. Davis: When I sold this property my original sales agreement with Jack Gibson and Associates, and I took a lifetime estate on the home. I contacted Mr. Gibson and asked him if it would be permissible to build a sun room a connection with the house to the garage, because I fell there once and I didn't want to be on the ice again. He gave me permission to build that room. I have pictures here of the home and their (inaudible) Brighton Corporation they want to destroy my garage. I built that room especially to connect my house to the garage so I am not on the ice. If I had any idea that they wanted to make that change I could adjust to it easily with the garage. Brighton Corporation did not come into the picture until after this room was built with a cost of more than $20,000. I would like for them to change their plat so I can keep my garage where it is. I have pictures of the home and also of Us#ick Road going back and also in the sales agreement, • • Meridian Planning & Zoning May 31, 1994 Page 12 request. Crookston: Yes it would. Wardle: Does that require a separate application then or by reference from the Planning Commission? Crookston: It requires a separate application. Wardle: Okay, I believe the other items that have been addressed by Shari have been reviewed and we feel that either by some additional information or modification of the preliminary plat to get her a record copy that we can and will address those. And we will submit that to her within 10 days of your decision so that we know what the conditions of approval are. Mr. Chairman, I would be happy to respond to any questions that the Commission might have and then I would like to tum some time to Mr. Turnbull if he chooses to take that. Rountree: Any questions of Mr. Wardle? Hepper: 1 have a couple, on the southern street down there next to the Finch Lateral you said there would not be a sidewalk, would there be a curb and gutter? Wardle: Mr. Chairman, yes sir there vuould be curb and gutter, there would be no sidewalk only on the south side where there would be a pathway system provided. Hepper: Would the pathway be paved or concrete or something else? Wardle: I believe that the intent and we will have to work with staff on this and I am not certain whether the City has a system in place and whether it would be constructed by the developer or whether that would simply be provided as an area for the City to implement the system when other components come into play. So we need to work on that, but my understanding is that it would be an 8 foot wide asphalt pathway. I believe that is what the system component is. Hepper: But you are not sure that you would put it in or if the City will be the one to put it in, is that correct? Wardle: That is correct we are not certain at this point. Hepper: Okay, and you said the homeowners association would maintain that area, would that be landscaped down to the waters edge or to the edge where is breaks off? • Meridian Planning & Zoning May 31, 1994 Page 10 significant. Item #15 of Mr. Smith's notes indicate that a 12 inch diameter water main will need to be installed in Ustick Road. It is our understanding that there is not currently a water line in the road. We would like to work with Mr. Smith to consider options of providing that without necessarily having a duplicate line just one lot deep. And if we have the latitude to work with him then we have no problem with certainly addressing the spirit and intent of suggestion by Mr. Smith. Just one or 2 comments then concerning Shari Stiles report to the Commission. Alidjani: The item particularly from 1 through 16 that you did not touch you don't have a problem with? Wardle: I didn't see anything we could not comply with there correctly. In Shari Stiles comments again the items that she has requested are pretty much standard and will be addressed either in revision in the preliminary plat as a record copy as a basis for the final plat or in some written response. I just wanted to make note that in item #3 we have met with Nampa Meridian Irrigation District they have been concepted, agreed with the ideas of the location of both the Finch Creek Lateral and the Onweiler Lateral. And we will work to help the City implement its desired pedestrian and bicycle pathway system along the Finch Creek Lateral. But I must note that we are getting some mixed signals from Nampa Meridian's reluctance and the City's desire. We hope not to be caught in the middle of that but we think what we have provided in the location and access will certainty work to the benefit of the City and residents in the subdivision as well. We do have one specific request concerning item #7. You indicate, the memo indicates show minimum house size of 1350 square feet as a note on the final plat and in the covenants. When the original hearing on the application for annexation of the parcel did not address that matter. That matter came up at the conclusion of the hearing and in the commissions review of the findings of fact and conclusions of law. We specifically request that we be allowed to apply subdivision development ordinance section 2-411 subsection D.2 which speaks to diversity. We believe that there is a diversity need in the area there for starter homes as well as for homes of a slightly larger size. We believe that the provisions of the ordinance that allow homes in the range of 1000 to 1100 square feet or 10% of the homes in that subdivision of homes in that subdivision. With another 15% in the 1100 to 1200 range, 25% in the 1200 to 1300 square foot range and then 50% in the larger. As long as they are dispersed throughout the subdivision would be in the interest of the project to achieve that diversity. I believe that Mr. Turnbull representing the Brighton Corporation here may wish to speak to that specific item. But we do request that this particular comment be modified to apply subdivision development ordinance section 2-411 subsection D.2. We do agree with her comment #8 and we will call out the landscape easement along Ustick Road as a separate lot and include that as part of the homeowners association requirement. One are of concern come up in item #9, and I guess that is the interpretation of what constitutes a block. In our design. • Meridian City Council July 5, 1994 Page 24 that would like to offer testimony on this issue? Seeing none I will close the public hearing. Findings required Counselor? Is there a motion? Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those will be at our next meeting. ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION AND NUBBLE ENGINEERING: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Corrie: Mr. Mayor, 1 got a phone ca11 from David and he said he was going to table this, request that it be tabled. Kingsford: Well, we scheduled this public hearing, we have to have the public hearing. The action is certainly appropriate to table it in light of particularly of what happened last time. Is there anyone from the public then that would like to offer testimony on this issue? I will close the public hearing, Council members. Counselor, I guess the findings and conclusions, obviously the same as they were for P & Z. Crookston: That is correct. Kingsford: Entertain a motion. Crookston: We don't have findings on this. Kingsford: Oh, excuse me. Corrie: Mr. Mayor, point of order, we have here that this is a request for preliminary plat, don't we have to have an annexation and zoning first. Kingsford: That is the reason (inaudible). I would entertain a motion to table this until next Meridian City Council July 5, 1994 Page 25 meeting. Mon•ow: So moved Yerrington: Second LJ Kingsford: Moved by Walt, second by Max to table this until the next meeting, all those in favor'? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY G.L. VOI GT: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Mayor, members of the Council, I am here this evening on behalf of G. L. Voigt the Applicant. I believe in your packet there is a small vicinity map to kind of show you where this proposal is. This proposal is for annexation with R-4 zoning of approximately 97 acres located on the South side of Overland right about halfway between Locust Grove and Eagle Road. The property is one of-the parcels of ground requesting annexation to allow the St. Luke's property to be contiguous with the City limits. That will be presented to you later this evening. We are presently contiguous with the City of Meridian, city sewer and water will be available to this site by several off site extensions. And we believe this application is in terms with the new comprehensive plan. The preliminary plat for this property has been submitted to the City and has been heard before the Planning & Zoning Commission on June 23rd and sent onto the Council with conditions. We will be before the Council with the preliminary plat for this project 1 think on the 19th of this month I'm not sure but 1 believe that is it. The applicant, Mr. Voigt is working with staff, 1 spoke with Shari and Gary about issues on this project to meet their requirements. We are meeting with the School district and the Highway District to satisfy their needs. We have reviewed the packet the City staff has provided us and we are in accord with both Gary Smith's and Shari Stiles's comments. If you have any questions on this application I would like to try to answer them for you. Kingsford: Questions for Mr. Merkle? Anyone else from the public? Seeing none I will close the public hearing. • • Meridian City Council July 5, 1994 Page 24 that would like to offer testimony on this issue? Seeing none I will close the public hearing. Findings required Counselor? Is there a motion? Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those will be at our next meeting. --~ ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION AND NUBBLE ENGINEERING: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Corrie: Mr. Mayor, I got a phone call from David and he said he was going to table this, request that it be tabled. Kingsford: Well, we scheduled this public hearing, we have to have the public hearing. The action is certainly appropriate to table it in light of particularly of what happened last time. Is there anyone from the public then that would like to offer testimony on this issue? I will close the public hearing, Council members. Counselor, I guess the findings and conclusions, obviously the same as they were for P & Z. Crookston: That is correct. Kingsford: Entertain a motion. Crookston: We don't have findings on this. Kingsford: Oh, excuse me. Corrie: Mr. Mayor, point of order, we have here that this is a request for preliminary plat, don't we have to have an annexation and zoning first. Ingsford: That is the reason (inaudible). I would entertain a motion to table this until next Meridian City Council July 5, 1994 Page 25 meeting. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table this until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY G.L. VOIGT: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Mayor, members of the Council, I am here this evening on behalf of G. L. Voigt the Applicant. I believe in your packet there is a small vicinity map to kind of show you where this proposal is. This proposal is for annexation with R-4 zoning of approximately 97 acres located on the South side of Overland right about halfway between Locust Grove and Eagle Road. The property is one of the parcels of ground requesting annexation to allow the St. Luke's property to be contiguous with the City limits. That will be presented to you later this evening. We are presently contiguous with the City of Meridian, city sewer and water will be available to this site by several off site extensions. And we believe this application is in terms with the new comprehensive plan. The preliminary plat for this property has been submitted to the City and has been heard before the Planning & Zoning Commission on June 23rd and sent onto the Council with conditions. We will be before the Council with the preliminary plat for this project l think on the 19th of this month I'm not sure but I believe that is it. The applicant, Mr. Voigt is working with staff, I spoke with Shari and Gary about issues on this project to meet their requirements. We are meeting with the School district and the Highway District to satisfy their needs. We have reviewed the packet the City staff has provided us and we are in accord with both Gary Smith's and Shari Stiles's comments. If you have any questions on this application I would like to try to answer them for you. Kingsford: Questions for Mr. Merkle? Anyone else from the public? Seeing none I will close the public hearing.. l • Meridian City Council July 19, 1994 Page 4 subdivision. But in this particular case it is my understanding that the applicant owns the property around .this boundary to the east. So, the turn around would be built, the development plans would not be approved without the turn arounds on it. Morrow: Mr. President, perhaps the applicant's representative would have some input for us with respect to those 2 issues. Gene Smith: Capital Development does own the adjacent property and that is how the turn arounds will be handled. As far as the lot size that particular lot it was just a matter of revising a single lot line in order to obtain that 8,000 square feet. Tolsma: Any other questions of the Council? Yerrington: Mr. Mayor, I move for the approval of Crossroads subdivision no. 3 for final plat. Morrow: Question, Mr. President would that motion include subject to staff conditions. Yerrington: Certainly Morrow: I would second the motion then. Tolsma: Moved by Max, second by Walt to approve the Crossroads Subdivision No. 3 final plat subject to the Engineer's and staff recommendations, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 3: TABLED AT JULY 5, 1994 MEETING: BEDFORD PLACE SUBDIVISION PRELIMINARY PLAT: Tolsma: The applicant has requested that it be tabled also tonight until August 2nd. Morrow: So moved Yerrington: Second Tolsma: Its been moved and seconded to table the Bedford Place Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea . -' • • Meridian City Council July 19, 1994 Page 5 ITEM #4: TABLED AT JULY 5, 1994 MEETING: EXECUTIVE SESSION -FRANCIS WRIGHT LAWSUIT: Tolsma: We need a motion to go into Executive Session. Morrow: So moved Yerrington: Second Tolsma: Its been moved by Walt, second by Max to go into Executive Session for pending litigation against the City, all those in favor? Opposed? MOTION CARRIED: All Yea COUNCIL ADJOURNED TO EXECUTIVE SESSION Tolsma: Let's call the meeting back to order. ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HANDY WAREHOUSING VARIANCE REQUEST: Tolsma: You have these findings from the Attorney. Morrow: Mr. President, I move we adopt the findings of fact and conclusions as written. Corrie: Second Tolsma: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law for Handy Warehousing variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Morrow: Mr. President 1 would move we approve the decision. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? • Meridian City Council August 2, 1994 Page 5 have it and there are areas that they don't have clear, covered and mowed and they are fighting among themselves and I would like to see that in there if it can be done. I have no problem with that. Kingsford: Other comments, is there a motion? Morrow: Mr. Mayor, I would move the final plat for Finch Creek be approved subject to compliance with the Council and City Attorney's recommendations with respect to the CC&R's and the approval of staff conditions. Corrie: Second Morrow: Moved by Walt, second by Bob to approve the final plat for Finch Creek subdivision conditioned upon the CC&R's being reviewed and approved by the .City Attorney and other staff conditions be met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT JULY 19, 1994 MEETING: BEDFORD PLACE PRELIMINARY PLAT BY BRIGHTON CORPORATION AND RUBBLE ENGINEERING: Kingsford: Does Council have questions on Bedford Place? Morrow. I think we need to see a presentation by the development folk, the tabling of this was at their request. It has been a month since we have heard anything concerning this. Kingsford: Mr. Wardle. Wardle: Mr. Mayor, members of the Council, I think the issue that come up heard when the Council received the findings of fact and conclusions of law and that has been many weeks ago, I don't remember the date. It was at least early July. At that time the issue that was decided was that the requested R-8 zone that the application of an R-4 would be applied to the parcel and at that time I believe Mr. Turnbull who is here requested that the Council defer final action and acceptance pending the opportunity to discuss those issues and at the last meeting it was simply the fact that not all of those discussions had taken place. So, rather than to address them we simply asked for a delay for the additional 2 weeks. I believe and I don't know exactly what the action was, whether they had been adopted at that previous meeting to whether it was still an issue on the table. But the issue on the subdivision plat was held quite some time ago. Just for a brief review, this particular parcel is in fact contiguous to the subdivision that you just considered, Finch Creek plat lies just to the east. Fothergill Estates lies to the south, the area in this ~ ~ Meridian City Council August 2, 1994 Page 6 particular section has largely developed through a number of plats that have been on going for quite some time. This is one of the remaining parcels of 40 acre total parcel. When the application was made for the R-8 zone is was basically to be in harmony with all the other adjacent properties. The issues that did come up were of course the size of the property, the individual lots and the size of the homes, the dwellings. I think there has been considerable discussion since. So, some and I don't remember the numbers precisely (inaudible) that was reviewed with a number of the Council members, but approximately 40% of the lots in the subdivision are well in excess of the R-8 standard and many of them range up into the 10, 12 and 13,000 square feet. Based on the location those are primarily on the east and west boundaries and along the north property line adjacent to Ustick Road. So, I believe the issue before the Council at this point is to find a determination on the findings of fact and conclusions of law particularly with respect to the application of the requested R-8 zone and the size of the dwelling to be affixed. I would be happy to answer questions. - Kingsford: Questions of the Council? Tolsma: I met with Mr. Turnbull last week and on the entryway into that subdivision or main street in the subdivision I thought that on the corner lots that abut that or that there should be a possible deed restriction or whatever to guarantee that those people that build fences in their back yard do not build them within 10 feet of the back of the sidewalk that goes to that main arterial through there or that main street through there. It seems like everybody with a corner lot wants to build a fence clear up to the sidewalk and there is nothing verse than a subdivision (inaudible) through a tunnel and fences abut the sidewalk in there. That would also make it look considerably better with the green on both sides of the street all the way through there rather than just a board fence all the way through there. The other corner lots basically are the same way, there should be something in there so our fence committee doesn't get over run with people wanting to do away with the ordinance that v~ have in the city or variances on fences. I think if that was rooted in the covenants or just a deed restriction on those lots that abut that main road that would probably ease a lot of the problems on that. He mentioned one time about putting a 10 foot easement along both sides of that and just grassing it and making that the property of the homeowners association to maintain that rather than each individual lot owner along the pathway project that is in the south end of that project. Wardle: Mr. Mayor, I believe that the way your city policy is now the areas shown on the greenbelt has to be homeowners association owned and maintained and therefore nothing could be closer to the street than that particular property line. The other elements I would assume could be looked at and I am not familiar with what exactly your fence setback requirements are but certainly to guarantee that they were met I would believe could be placed under those covenants but that is something that Mr. Turnbull and his counsel • • -Meridian City Council August 2, 1994 Page 7 would have to look at. Tolsma: As far as the rest of the subdivision, he is abutted by R-8 on the south and R-8 on the west and the only other thing we have discussed is the minimum house size and that was 1350 square foot. That is what we had discussed when we met over there. Morrow: I have a couple of questions, with respect to this plat is not the R-4 plat that basically the findings of fact and conclusions of law that we adopted represent. The next question is that the annexation for this property has not taken place as of yet as per adoption of an ordinance. And so what we are being asked to do then is resend the findings of fact and conclusions and go with a preliminary plat that was essentially the same concept that was presented to us when we came with the findings of fact and conclusions. The concept plan that came before us when the annexation and zoning request had been processed. Kingsford: I think fundamentally that is true Walt with the exception that the developer (inaudible) received an opportunity to visit with each one of you about the trade offs, the amenities that would be here versus (inaudible). And that was between you and him in that discussion. For example if you look at the balance of the thing it meets an R-4. You are talking about a couple of good sized green areas, that is up to you to perceive that to be an adequate trade off to what you stipulated to in the findings. Morrow: In correction Mr. Mayor, I have seen no presentation by anybody (inaudible) other than our last meeting, this was heard the 5th of July. Turnbull: Walt is correct, I did place calls to each of the council members, I met with and I can't remember the specific dates, but I met individually with Bob and Max on the same day although separately. I met with Ron last week, I did place a call into Walt and I never did receive a return phone call. Bob said he would speak with Walt so I did try to, I know everybody has busy schedules. But I did place calls with each of the council members and did meet with 3 of the 4. Morrow: For the record we have answering machines and there was no call from your company on our answering machine. Turnbull: Well, I left a message with the secretary or excuse me your wife at home. .Morrow. Maybe Turnbull: I called your home first and then called your office. ~ ~ Meridian City Council August 2, 1994 Page 8 Kingsford: Any questions or comments from the Council? Corrie: Mr. Mayor, David we talked about square footage, your letter here mentions half of them at 1300 and half at 1400 or above and all of them at 1350 and we discussed the 1400. I guess, seeing the greenbelt and all of that 1 don't have a real problem with the R-8 if we can get this house size up because we are moving in that direction that there are no more R-8's as you are aware. Are you, I should say could you comfortably live with a minimum 1400 square foot on the whole thing with the R-8 and the lots the way you designed them now? I know I am asking the same question I did before and I may know the answer and maybe t don't, you may have changed your mind. Turnbull: I think Bob we did discuss, you know how I feel and everything around that property is R-8 and nobody else around that property is proposed to actually install a greenbelt, an open green belt fronted by public street. All I asked was that we be treated on an equal footing with everybody else. I understand that you want to upgrade some of that (inaudible) as a first option that everyone else around has been approved at 1350 square feet minimum. Understanding that you want to get some larger ones and maybe particularly on the perimeter I proposed an altemative that half of the lots be 1300 plus and half be 1400 plus. So our altemative to all of them be at 1350 plus and we are to everybody else around us. I understand where you are coming from Bob, but from my viewpoint, I spoke with Ron and he made a good point about that collector going in and about not wanting fences barricading it all the way along. I said I agree with that we do place that in our covenants, but in order to ensure that happens I told Ron that I thought we ought to go ahead and put in the 10 foot grass area along the entire length of the collector on both sides and declare it common area so that no fences could encroach upon that. And that does create an attractive entrance not only to our through our project but into the Fothergill subdivision to the south. It helps protect that major collector that would be an entry and exit from the subdivision. So, back to your basic question Bob, I know how you feel I think you know how I feel. I would like to be treated no worse than the developments around. Corrie: Let me understand you right, you would do the green area alt the way through like you had discussed David if we went the 1350 we kind of get .both ends of this thing. Turnbull: Ron was working for assurances that the fences would be put in, one of the gripes I have is when you don't create that common area that one neighbor will maintain and the next one won't and therefore you have a patchwork going all the way. So, if we install it up front and we maintain it through a homeowners association then it would be consistent. Kingsford: Other comments of the Council? • Meridian City Council August 2, 1994 Page 9 Turnbull: I might point out that since the last hearing I did receive a copy of the findings of fact, I pointed out in my letter to the individual councilmen and a carbon copy to the Mayor 3 points that I find I hate to say in error but basically incorrect information in the findings of fact and those I noted in my letter. I would like those to be properly reflected and I also pointed out some of the other issues that we have talked about tonight. Corrie: Is that this one that you are talking about? Oh I'm sorry, if I look at the heading. I would know what I am talking about. Kingsford: Is Council prepared to make a decision if it is your desire to go back and allow the R-8 it would be required that you amend you findings to reflect that. Morrow. Mr. Mayor, I have a couple of comments that I think are appropriate here. One is that I think it is up to us, I hear some negotiation going on back and forth in this to what each thinks and basically it is up to us as the City Council representing the homeowners and voters to design the city to our standards and for the development community to comply with what those standards may be. I don't see in terms of annexation request in particular or if we determine as a city that there is some direction that we wish to head that we need to be open to compromise. They certainly don't qualify as in fill situations or hardship situations that a piece of property that exists within the city currently and has for some time and needs to be developed. So I think there are a different set of standards there. I think in this situation is if we are going to set a certain level of standards that we want as a city that we ought to determine what those are and not have them subject to negotiation as each time. It is not up to us to guarantee the development community or anybody else to make money. It is up to us to generate a community that is the goal that we want. I have a bit of a problem here with the negotiations back and forth. If we determine we want 1400 square feet and we want to make the resend our findings and go to R-8 than let's make the determination that every thing is 1400 square feet as a minimum and let the development community and us in the construction community adhere to those standards.. I think that would be my comments with respect to this project and the fact that we seem to the in the negotiating position and we are the ones that hold all the cards as a city. Kingsford: What is the Council's pleasure. Again if it is your decision to change you need to do that through the findings first. Corrie: So we would need a motion to change the findings of fact and conclusions that .would be zoned an R-8 with the recommendation that the square footage be whatever the motion is and then Kingsford: Not a recommendation a requirement • Meridian City Council August 2, 1994 Page 10 • Corrie: A requirement I am sorry, and then a requirement of the green belt down that collector street. I hear what Walt is saying and I do agree with him somewhat however I do feel that everybody I think is on notice of what we are doing as far as R-4's are concerned they happen to be in the line of fire. They are doing some extra things that some of the other haven't. So I will make the motion Mr. Mayor that we re-do the findings of fact and conclusions to request the annexation of R-8 zoning with the minimum square footage of the homes being 1400 square feet and that the collector street be 10 foot of grass down the main collector street as well as the entrance. Yerrington: Second Kingsford: Moved by Bob Corrie, second by Max to approve of amending the findings to allow for an R-8 subdivision, 1400 square feet minimum and the collector street through it be required to have the 10 foot wide green grassed area, roll call vote. ROLL CALL VOTE: Morrow - Nea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: 3 YEA, 1 NEA Kingsford: The next item then would be to prepare an ordinance annexing and zoning. Tolsma: So moved Yerrington: Second Kingsford: Moved by Ron second by Max to have the Attorney prepare an ordinance annexing and zoning the property for Bedford Place Subdivision, all those in favor? Opposed? MOTION CARRIED: 1 NEA, 3 YEA Kingsford: I guess the preliminary plat needs an approval at this time or it can be continued until the annexation what is the Council's pleasure? Crookston: It should wait until the annexation. Morrow. Should the preliminary plat be tabled until next meeting by Council action? Kingsford: I would entertain a motion to table the preliminary plat to the next meeting. Morrow. So moved Meridian City Council August 2, 1994 Page 11 Corrie: Second Kingsford: Moved by Walt, second by Bob to table the preliminary plat for Bedford Place subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED AT JULY 19, 1994 MEETING: ORDINANCE #658 - G. L. VOIGT ANNEXATION/ SUNDANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #658 read in its entirety? Entertain a motion on Ordinance #658. Morrow: So moved with suspension of the rules. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve Ordinance #658 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #7: TABLED AT JULY 19, 1994 MEETING: ORDINANCE #659 - ST. LUKES/L-O: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is St. Luke's Limited Office annexation, is there anyone from the public that would like to have Ordinance #659 read in its entirety? I would entertain a motion. Morrow: So moved with suspension of the rules. Tolsma: Second • Meridian City Council August 16, 1994 Page 6 EFFECTIVE DATE. Is the Council prepared to act on Resolution #158? Morrow. Mr. Mayor, I would move that we adopt Resolution #158. Y ington: Second Kin sford: Moved by Walt, second by Ron to approve of adopting Resolution #158, all 9 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVIfS10N (TABLED AT AUGUST 2, 1994 MEETING): . Kingsford: The major reason for tabling those you couldn't approve it until annexation, was there additional items that you remember Counselor . Crookston: There was the question of the R-8. Kingsford: But at the last meeting that was basically (inaudible). Any questions of the Council? Tolsma: I would move that we approve the preliminary plat for Bedford Place Subdivision. Yerrington: Second ' sford: Moved by Ron, second by Max to approve the preliminary plat of Bedford Place King Subdivision all those in favor? Opposed? MOTION CARRIED: 3 TO 1, COUNCILMAN MORROW VOTED NEA ITEM #11: FINAL PLAT: KING STREET STATION SUBDIVISION, 20 LOTS BY D.J. INVESTMENTS: Kingsford: Does Council have any questions on the final plat for King Street Station? Morrow. Is there someone here that represents King Street Station? Kingsford: Yes, Becky would you come forward and answer Mr. MorrovJs questions please. ~ ~ Meridian City Council August 16, 1994 Page 2 staff and to clear it off of our agenda. I think 1 would like to move that subject to acceptance by the City Attomey, yourself and the City Clerk that the Council authorize you and the City Clerk to sign that lease when it is in its proper format. Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the Mayor and City Clerk and City Attorney to negotiate and approve the lease with Ken Hamilton Presentation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT AUGUST 2, 1994 MEETING: LID ORDINANCE - GLENFIELD DITCH: ITEM #3: TABLED AT AUGUST 2, 1994 MEETING: LID ORDINANCE -DOWNTOWN PHASE 2: Kingsford: Those things have some work yet to be done, at the suggestion of the City Attorney I would like to suggest to the Council that we grant Wayne Crookston approval to proceed with those documents and get them up to speed for your approval. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney get those documents up to speed for our approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BEDFORD PLACE SUBDIVISION: Kingsford: Has the Council had an opportunity to review those? Is there a motion for their approval? Yerrington: I make a motion for their approval. Tolsma: Second :.~ . • Meridian City Council August 16, 1994 Page 3 Kingsford: Moved by Max, second by Ron to approve of the findings of fact and conclusions of law for Bedford Place Subdivision, roll call vote. ROLL CALL VOTE: Morrow - Nea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: 1 NEA, 3 YEAS ITEM #5: ORDINANCE #665 - ST. LUKE'S /THOMAS/ C-G: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THAT PORTION OF LAND LOCATED IN THE W 1/2 SE 1/4 SECTION 17, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #665 read in its entirety? I would entertain a motion on Ordinance #665.. Morrow. Mr. Mayor I would move that we approve Ordinance #665 with suspension of the rules. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve Ordinance #665 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: ORDINANCE #666 -ASHFORD GREENS SUBDIVISION/ ANNEXATION: Kingsford: Counselor, would you make any comments on that? Crookston: The recommendation of the Council was to prepare the ordinance and to have it ready to be passed if the golf course property had been deeded to the City of Meridian. I am not aware tha# has been done? Kingsford: Has that happened Mr. Clerk? Berg: No Morrow. Mr. Mayor, I would move that we table ordinance #666 until such time as that deed comes to the City of Meridian. _~ • ~, -- r °- Meridian City Council April 4, 1995 Page 13 Stiles: I made the changes that you had put on that on your copy and then gave a copy to Tucker Johnson: That is what he just signed and sent back. That was the one that had a comment about 1400 square foot minimum for the entire plat. Crookston: With the difference in the lots and things like that and they agreed with that?' Stiles: We talked about some of this was previously platted and that this portion of the property that was in the old preliminary plat they would have that 1300 square foot minimum and the remainder of the lots would be 1400 minimum. Crookston: As long as they have met my comments and Shari says they have that is fine with me. Kingsford: What is the Council's pleasure? Tolsma: (Inaudible) Kingsford: Well I think that wouldn't be inappropriate to condition upon Wayne's review and approval and approve me and Will to sign it conditioned upon the Counselor's positive review. Morrow: Okay, Mr. Mayor, I move that we approve the development agreement for the Landing Subdivision No. 7 subject to review and approval by the City Attorney, that we authorize the Mayor and the City Clerk to sign the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for the Landing Subdivision No. 7 conditioned upon the positive review of the City Attorney and authorizing the Mayor and the City Clerk to sign those documents after positive review, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: Kingsford: Questions or comments about that? Tolsma: (inaudible) Kingsford: Yes + a • -, -- Meridian City Council April 4, 1995 Page 14 Morrow: You are comfortable with this Wayne? Crookston: Yes I am Tolsma: Mr. Mayor I would move we approve the Non-Development Agreement with Brighton Corporation. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Non-Development Agreement with Brighton Corporation, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you have a comment Mr. Berg? Berg: Yes, just one, do we, I don't believe we have a rough draft of any development agreement for Bedford Place. Stiles: Mayor and Council we do have a development agreement that has been submitted, I don't know if Wayne has reviewed that. I know I had a couple of problems with it that I needed to sit down with you on. Crookston: I don't recall right now without looking at my file whether I have seen it or not. I .don't know what the status of it is, but if Shari has some concerns. Stiles: It hasn't been before you the development agreement, yet. Kingsford: That doesn't affect the Non-Development Agreement status does it Wayne? Crookston: No ITEM #14: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a pre- determination hearing at 7:30 P.M. April 4, 1995 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 4-12-95 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer, and trash delinquency? Seeing none I would entertain a motion to approve the turn off list. t ~ Meridian Planning & Zoning April 12, 1994 Page 8 Crookston: Yes Johnson: Should we make an attempt to put it on our special meeting schedule? Crookston: That was my understanding that it would be on the special meeting on the 26th. Johnson: I would like a motion to that effect, if you are in agreement. Rountree: Mr. Chairman I move that we table or consider this item on our April 26th special meeting. Alidjani: Second Johnson: We have a motion and a second to table until our Special meeting scheduled for April 26th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: ANNEXATION AND ZONING BY BRIGHTON CORPORATION CORPORATION AND RUBBLE ENGINEERING: Johnson: I will .now open the public hearing, is there a representative from Brighton Corporation that would like to come forward and address the Commission at this time? Gene Smith, 9550 Bethel Court, Boise, was sworn by the Attorney. Smith: Good Evening Mr. Chairman, members of the Commission, tonight I represent Brighton Corporation in this matter. I bring to you a request to annex and zone a 40 acre parcel of land that is located south of Ustick between Ustick and the south slough approximately mid way between Locust Grove and Meridian. Specifically the properties to the east and south of this proposed development have equal density. We are requesting an R-8 density. This Fothergill Point and Finch Creek both have the R-8 zoning classification. The development can be serviced by central water and sewer, the development of this property will cause Ustick Road right of way to increased from its present 50 foot to 70 foot. There has been only one comment from City Staff which Gary Smith commented on and that was, well there were several comments but only one needs to be commented on and that is the legal description for this annexation must include half of Ustick Road adjacent to the property. The description of the property is a government lot which automatically • a Meridian Planning & Zoning April 12, 1994 Page 9 goes to the section line. So it does include half the Ustick Road. Other comments, there were no other comments from City Staff, it is a pretty straight forward annexation and zoning. I do have a representative Mr. Mike Tanner from the Brighton Corporation here with me this evening if you should have any questions of either one of us. Johnson: Thank you very much Mr. Smith, any questions of Hubble engineers representative? Rountree: You indicated right of way on Ustick would be 70 feet, but I believe it would be 90 feet, 45 feet from center line. Smith: That is correct. Johnson: Any other questions? Shearer: I have a question, the surrounding subdivisions that are zoned R-8 were zoned with conditions I believe. I think the R-8 zoning was to reduce the lot size adn not necessarily make 8 units to the acre. I was wondering what kind of density as far as actually lots per acre that you anticipate in this? Smith: Well, we are still working on the specific site plan for the site. I would not expect it to be that dense. In conformance with the adjacent properties, we believe that it does or it would be compatible with the adjacent subdivisions at that zoning. Crookston: Along that same line, those other subdivisions were zoned R-8 but they agreed that they would only be single family subdivisions. Smith: That is my understanding. Shearer: Did we have a minimum house size on those too at 1350 or something like that. Would that be acceptable do you think, 1350 minimum house size. I believe that is in conjunction with the surrounding subdivisions. Mike Tanner, 12301 West Explorer, Boise, was sworn by the Attorney. Tanner: We will be, I will say Mr. Chairman and members of the Commission we will be consistent with the subdivision in the surrounding area. I think we are requesting an R-8 zone for a little bit of trade off at some density trade off, because the south slough traverses this property from east to west at the south end. We will be putting in a park like corridor through there, a green belt type area with a pathway and in • ~ Meridian Planning & Zoning April 12, 1994 Page 10 doing that we will lose some acreage and I guess in attempting to make up for that the lots might be a little bit smaller and that is the request for the R-8, it will not be 8 units to the acre. Probably more on the order of 3.5 to 4 per acre. I think the density trade off there is the reason for requesting the R-8 zone. As to a minimum home size, I don't know. I have to be honest I don't know what your minimum requirement for a home size on an R-8 or under this particular circumstance wouldn't want the r-8 to apply necessarily because as I say to will be much greater than that, but I don't know what the minimum is. Smith: My understanding would be that it would be a requirement at the time of preliminary plat. Johnson: It would be, this is just annexing and zoning. Tanner: I simply would state that I wold want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way. And so I will make that statement to the Commission. Johnson: You may wish to review the actual conditions put on those neighboring subdivisions that that you are aware when you submit your preliminary plat kind of what we are looking for. Than you, this is a public hearing, anyone from the public like to address the Commission on this application? Seeing none then I will close the public hearing. Need findings of fact. Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: We have a motion for the City Attorney to prepare findings of Fact and Conclusions of Law for Brighton Corporations application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Johnson: I will now open the public hearing, is there a representative of Dakota Ridge Estates, will you please come forward and address the Commission at this time. • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurar ITY OF MER RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Subdivision BY: Brighton C~rtaoration LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of er'di Ro JIM JOHNSON, P/Z MOE ALIDJANt, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z .~TiM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U,S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: /,~v ~~~ HUBBL~ENGINEERING, INC. ~ f 9550 W. Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329 ,f d`'/ TRANSMITTAL LETTER To: /Vl X12/ ~ ~i9 .lJ Attn: s ~/~2 / STi~ ~' DATE / f ~ - 3 -~ Job No.: Project: jl~~E=o~~ AC ~9 WE ARE SENDING YOU: _ As Requested ~tached _ Under Separate Cover, Via FOR YOUR: ~e Information R~rd /Review and Comment _ Bidding _ Cost Estimating THE FOLLOWING: - Prints _ Spec cations -Plans _ Shop Drawings -Samples _ Copy of Letter _ Copies Date Sheet No. Description REMARKS: Copy To: -With Encl. _ With Encl. _ With Encl. By: Signed: .~. ~~- TOTAL MILES: TOTAL TIME: TIME DELIVERED: RECEIVED BY: ~',,., ~ ~f~~s HUBBL~ENGINEERING, INC. ~ • 9550 W. Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329 ,f ,~`'/ TRANSMITTAL LETTER Attn: s'~~2/ ST~~l= DATE /~J - ~ _c~, Job No.: Project: jjF~f=oat ~ f~C ~9 C /_. WE ARE SENDING YOU: _ As Requested ~tached _ Under Separate Cover, Via FOR YOUR: ~e - Information R~rd _.~Review and Comment _ Bidding _ Cost Estimating _ THE FOLLOWING: _ Prints - Specifications -Plans _ Shop Drawings _ Samples -Copy of Letter - Copies Date Sheet No. Description REMARKS: Copy To: -With Encl. _ With Encl. _ With Encl. By: Signed: ~ ~ -. ~~~ TOTAL MILES: TOTAL TIME: TIME DELIVERED: RECEIVED BY: .._ i~.____._..-.-..-------I ~ 1~J '~a j I~ . I .. r, _ ~ ._ _... I~ ICI '' ~ SU~IVISION EVALUATION ~EET ~F -- 61994 Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 8/25/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr. /Brighton Coraeration The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. BEDFORD PLACE SUBDIVISION __ X. _ _ ~ /~ Date. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the_~lat as: "E. USTICK ROAD" "N. CURT DRIVE" The following new street names are aporoved and shall aooear on the olat as: "NORTH ARROWWOOD WAY" "E. ADDESON STREET" BAs ~~ tti I ME~w~- "E. SEDGEWICK STREET" "E. EDGAR STREET" The following prooosed names may be reserved to be used on this subdivision olat: "BALDWIN" "OBERLY" "WAKELY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, E CY REPR NTAT VES OR DESIGNEES c Ada County Engineer John Priester '~ Date Z /'~`/f//J Ada Planning Assoc. Terri Raynor Date ~S • ~ , 9 ~ 1 ZS 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 !!!I Sub Index c....... t..a,... Post-it" Fax Note 7671 oats ~ 3v ~~$- To ~ a~ From ~~r ' Co Co. , Phone N Phone N Fan N 3 / J ~ O.3 Z Fax N (~5 ~ 5 ~ / '! ! /J~ • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION Name of Annexation and Subdivision,Bedford Place Subdivision 2. General Location, Gov. Lot 3, Sec. 6, T.3N., R.IE. 3. Owners of record, Brighton Corporation Address, 12301 W. Explorer, Suite 200 Boise ID 83713 ,Telephone (208)378-4000 4. Applicant, Hubble En ineering, Inc. Address, 9550 Bethel Ct. Boise. ID 83709 Engineer, Gene P. Smith Firm Hubble Ensineerin~, Inc. Address, _9550 Bethel Ct.. Boise, ID 83709 ,Telephone X2081322-8992 6. Name and address to receive City billings: Name: Brighton Corporation Address:12301 W. Explorer. Suite 200, Boise. ID Telephone 378-4000 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 21.6 2. Number of Lots: 89 3. Lots per Acre: 4.12 4. Density per Acre: .24 5. Zoning Classification(s): R-8 • • 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt Yes--Finch Lateral 8. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City Yes Explain Green Pathwav ? 10. Are there proposed dedications of common areas Yes Explain Along roadways For future parks No Explain 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City None Water Supply None Fire Department None ,Other None Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Familv 15. Proposed development features: a. Minimum square footage of lot(s) 6,500 sa. feet b. Minimum square footage of structure(s)_1400 sa. feet Are garages provided for Yes square footage. 400 s~. feet d. Are other coverings provided for N/A Landscaping has been provided for Yes Describe Common area lots will be landscaped and maintained by Homeowner's Association f. Trees will be provided for Yes Trees will be maintained (in common areas) by Homeowner's Association • g. Sprinkler systems are provided for Common areas• pressurized irri ation provided to each lot. h. Are there multiple units No Type N/A Remarks None Are there special setback requirements N~ Explain N/A j. Has off street parking been provided for N/A Explain N/A k. Value range of property~100,000 - $125,000 Type of financing for development Conventional and FHA m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. C: I WPSI IformslP&ZSUBD \,\~ ENGIHF~~ • `' `~ RUBBLE ENGINEERING, INC. vti py 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 September 30, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: BEDFORD PLACE SUBDIVISION Dear Ms. Stiles, On behalf of our client we hereby submit the final plat application for Bedford Place Subdivision. The final plat is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters,. and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, David S. Nelson Project Coordinator D SN/vw/I : finlplat.ltr ~~ ~~~ E~ ~~ ~• _ J ~ m I 0 ~ 3 {~ ~ ~I Q .a f ~ ~ !!!I ~ o "~I = ^ti ,r~l K1 ~ ' U V 1T~ ~ _ "lOg~ Z Z JO]Z 3 ~ ZO w Z ~'~I WWO~ Q Z~ ~~ z~a°' z u ° J~ ~ Z a Li1O d ~ _ ~~`~~~liiiiii O ~ f ~I C~ ~ Q W J m ~ _ Q ~ / LL ~ Z W ~O O O ~A <I r ~i . ~I~ C7 C~IV~ zA ~ of N m~ Vl F D° W NI ai nI N I ~~ +~4 ~~. .•~ ~n .•1 ~T_ . ~ 6 : si ' ° s ;i° .. . . . w : . . .~ s s ~: ~" ~ .. ~ s 's' 'c s M y Re = 'sa ~ aa . . ~ ~ ,~ ~e ~ + a R io _ '~ a . ' g ~' C. - ~ 's~ R _~ R I& s. s i s m- s iis ~~_ ° ' "i ' S~ - z aid z ~;i ~ z~ i ~~ a a ~ i i ~ "$ J f__, ~ e '7 C^ J a 8 A "W'8 "3C ',NC' e ry~ ~M1'tl NC'1 3 0 ; 3 W e. n a. 'a na n co. n ,.~ nN g~ O~ $an ~ gN n m ,~ ~~ N I H ~~~ §~ a ~ ~~ ~~ ~~ ~~~ o°- ~~ ~ ~~lEi ~ ~6 ~6 V ~N6 ~ < ,~R ~~~ +1 ~ ~ o~ 3 J ~~a~ ~ ~ bli bls -' ~si °. ~ 8 ia 3~i °. m I i i . ' l i l ' ~ i! !~!~ I! i.~~ i I i ~. ~ ~.. ' b ~_ J~ ~ ~ b~ W ~ a O 3 n in r h b N ~° I O i r N W ~I Z a e ~ O ;d I ~p J a~ <~ 3AY NO15NV 'N °~ ~ ~ ~ ~n i AOS yy: }[ ll °~9 ye~~~ ©F 8~8 y ~~ Q ~$ ~1 ~"$a 418 ! n J~' ao i oo Fo T ~o'~ ..~v 1 ~ 's ~ s` ~s~~o~ ~ <~ e y ~~ ~~ ° Y~ ~' ~~ ~ i~4~ ~ ~~ n a€: ~ ~ ~~s ~~ Wi ~ a age ~~ j 4~~° i ~;4~ ~~ ~ ~i~i ~~ ~ Ri ~~ 6~ ~~ ~~C~ ~~~ ~f ~~ a py`y g y ^^~' e-Q ~~ ~~ ~~ °5~ ~~ ~5~~ y~° Q~ B4 ~ ~ ~ ~ q ~~~~ ~ ~~ a~ y y ~ g ~b QS RR ~~ ~~ 4g$i ~~G ~~ ~~ t ~I • ~i2r 25>::334 11: 3~ 12053 x79952 BRIGTON CORPORATIOha TRANS SI INF • ~~ I~ ENd ~ S~QDE ~€ CODE ~1 g .REISSUE AMOUNT S OWNERS SCHEDULE A I E FI MB ~LICY NUMB R P12B682 134001 80 007488 o~E_OF POLICY FEBRUARY 10, 1994 AS OF 3:57 P.M• PAGE 02 PROP ~, .~ TY UNT F 'RAND pREMIUMAM~i~nrr $500,000.00 S1 X0.00 1. Name of Insured: HELEN V. DAVIS, A WrDOW, FOR LIFE, WITH THE FtEMA1NDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 2. The estate or (merest In the land which is covered by this pallcy is: FEE SiMPI.E 3. Title to the estate ar Interest in the land Is vested In: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE REMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 4, The land herein described is encumbered by the following mortgage or Trust Lleed, and assignments: and the mortgages or trust deeds, tF any, shown In Schedule 8 hereof, 5. The (and referred to in the Policy is described as follows: SEE SCHEDULE C 'B952 BRIGTON COPPORATIOh~ PAGE 93 i owl„ ~ . ~~~~ Pdlcy Number: 12Aes2 ~3 soot sn ~q~ i~Mrs EXCEPTIONS FROM 40VERAGE This policy does not Insure against loss or damage (and the Company wIU not pay costs, attomeys~ fees or expenses) which arise by reason of: General Exceptlona; (1) Rights or claims Of parties In possession not shown by the public records. (2) Encroachments, overlaps, boundary Ilne disputes, and any other matters which would be disclosed by an accurate survey or inspect(an of the premises Including, k-ut not Rmited to, Insufficient or Impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any Ilan, or Mght to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or !n Acts authorizing the Issuance thereof; {c) water rights, claims or tftle to water, whether ar not the matters excepted under (a), (b), or (c) are shown by the public records. (s) Taxes or special assessments which are not shown as exiting Dens by the records of any taxing authorlry that levies taxes or assessments, on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records- Special Excsptlons; The mortgage, ff any, referred to in Item 4 of Schedule A. 1. GENERAL TAXES FQR THE YEAR 1994, WHICH ARE LIENS, ARE NOT YET DUF AND PAYABLE. 2. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NEW YORK IRRIGATION pISTRICT (343-2862) 3. RIGHTS AND CLAIMS IN AND TO DITCHES, CANALS AND/OR LATERALS WHICH ARE L~7CATED OVER AND THFiU SAID PREMISES. 4. TERMS CQVENANTS AND RI=STRIG'TIONS OF SAID LIFE ESTATE SET FORTH IN DEED RECORDED FEBRUARY ll}, 1984 UNDER INSTRUMENT NO.: 94013024 BETWEEN HELEN V. l7AVID, A WIDOW, AS GRANTOR AND BRIGHTON CORPORATION, AN IDAHO CORPORATION, AS GRANTEE- END OF EXCEPTIONS CONTINUED @2I2~1~994 11:35 12083778962 BRIGTON CORPORATIOf•' PAGE 0~ Pt 2888213 400f 60 007488 . • NOTE: THERE IS NO NOTICE OF RECdRD AND THEF1El=ORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. Countersigned Signatory SCHEDULE B (STANDARD COVERACaE) Schedule B of this Policy consists of 2 pages, r r n n ~ . n .. - .~..- ~2i 2511994 11:35 12983778962 BRITON CORPOR~";TIOf~ PAGE 05 GOVERNMENT LOT 3 OF SECrrON~N TOWNSHIP • ADA COUNTY, IpAHO 3 NORTH, RANGE 1 EAST OF BOISE MERIDIAN IN EXCEPT THAT PORTION LYING WITHIN THE USTICK ROAD RIGHT-OF_WgY~ rNCLUDING IN SAID EXCEPTEp PORTION 8UT NOT NECESSARILY LIMITED TO YHAT PORTION CONVEYEd TO THE STATE OF rDAH GEED RECORDED rN BOOK 215 QF DEEDS AT PAGES 118 AND 119. O BY IND O~ LEGAL. DESCRIPTION 3~z~3~~~G~r f ~ ~ ~ .~L.~ ~ !0 3z~z ~ ~~ o~,o ~'2!'~'_`/'.99~ 11:35 1283778'352 BRIGT~7h~J CCIRPOR~;TI! ih+ P~uE 05 o~fY. Thy ~~~"'~ "~~asurnee rro T1TL,E~ d~ • ~~ ~ s~ ~~~: :.. :. •,~'7i 25 '=:994 11:35 1233'78952 Corporation FACSIMILE C4V~~R SI~~ET To: - ~~ ~1.1~s~a~.~ Fax; ___3, s ~ a ~ ag BRIGTON CORPJR~TIiJr; Brighton Corporation FAX: (2Q8}-377-8962 TEL: X208 j•-378-4t~~0 .~~.~.. PA[~E 01 NUMBER ~F PACES ATE: a ~._~.5 ~Q~ (INCLWING THIS SHEET}:,,-- _- Lc? f C~~J~~: ~au ~ s ~ - ~C~~~ 1?30] W. Explorer Drive, Suite 200 Boise, Idaho 83704 TEL 208-378-4(~q0 FAX 208-377-8962 From: ~, ~ G R ^ S q ., , , •~ ~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 3, 1994 Mr. Dave Nelson Hubble Engineers • HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA I CITY OF MERIDIAN ROBERT D CORR E WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator Phone (208) 888-4433 ~ FAX (208) 887813 JIM JOHNSON Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor Re: Bedford Place Final Plat Dear Mr. Nelson: I need the following information prior to processing the Bedford Place final plat: 1. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 2. Street name approval letter from Ada County 3. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include name of subdivision and scale on map. Only the subdivision name, street names, and lots and blocks need to be shown on this map. It is important that this be accurately scaled.. If I receive the information today, the final plat will be heard at the October 18, 1994 City Council meeting. Thank you. CITY OF MERIDIA Shari Stiles ~`,\~ ENC~ryE,~~n HUBBL~ENGINEERING, INC. ~ • 9550 W. Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329 'yo s~a~~~o~y TRANSMITTAL LETTER To: C /7~' OF I"Y~ 2 i r~iq ./ uwlC y -w_yc~ Job No.: Project: ~~.. ~~ Fv~rJ s w $ pr vim o~/ Attn: 5'f-~'rrr~/ g ~[,;~ wE ARE SENDING YOU: _ As Requested _~-}Cftached _ Under Separate Cover, Via FOR YOUR: _ Use _ Information `-R _ Bidding _`~Review and Comment _ Cost Estimatin g THE FOLLOWING: _ Prints ~~ ~~ Plans _ Samples Copy of Letter _ Specifications _ Shop Drawings _ _ Copies Date Sheet No. Description G/~1 ~ 5/G.v~ s~ E ~ ~ U ~ , ~ r-- ~ b S c,aL REMARKS: ~i`~f~~ / ~ ~U=~'S''G ~~~ C'I~= / r- j~D 4 /4l/_-~ i99~v(~ (- G,-K7'F/F_d~ 1 IV r=0/Z M~-~I-io ~~ Copy To: _ With Encl. _ With Encl. _ Wdh Encl. By: C Signed• TOTAL MILES: TOTAL TIME: TIME DELIVERED: RECEIVED BY: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 3, 1994 • • HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA I CITY OF MERIDIAN ROBERT D CORR E WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator Phone 208 888433 • FAX 208 887-4813 ) ~ ) JIM JOHNSON Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor /w' ~~ G~~` Mr . Dave Ne 1 son ~ ~ ~ 3 ~~ Hubble Engineers Re: Bedford Place Final Plat Dear Mr. Nelson: I need the following information prior to processing the Bedford Place final plat: 1. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 2. Street name approval letter from Ada County 3. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include name of subdivision and scale on map. 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The final plat is in conformance with acceptable engineering, architectural, and surveying practices and local standards and is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, David S. Ne Project Coor inator DSN/vw/2132.1tr NCrp . `i~~. F,p RUBBLE EN~iNEERING INC. • 9580 W. Bethel Court • Bdee~ Idetro 83709 (208) 322-8992 • Fax (208) 378.0329 ,~ dyI TRANSMITTAL LETTER To: , Ty ,/,~ f~iDi~2 Attn: ~~ DATE /v y y Job No.: 9y _O3s~ . project. 1~~~~~ WE ARE SENDING YOU: v As Requested Attached _ Under Separate Cover Via FOR YOUR: Use _ Information _ Record _ Review and Comment _ Bidding _ Cost Estimating _ THE FOLLOWING: _ Prints _ Specfications _ Plans _ Shop Dn~wings _ Samples _ Copy of Letter _ Copies Date Sheet No. Description / Z REMARKS: Copy To: _ With End. _ with Encl. wren Encl. By: Signed: TOTAL MILES: TOTAL TIME: TIME DELIVERED: RECEIVED 8Y: • ~ga~;t'YS~~B ~~~si~is~~~ ~0ii~ ~~s~~a~°~~~96a~ ty 9~ (i+•i~i ~ ~a , 9~ ~~ ~~ y s'~7~6~~ Ri~~~° ti.i ~ yft~~~ R ~pi ~!fis~~ ~~ ;i ~ e ~ Ii .t t ii 16~ ~4n~~ig ~ p~ ~' ~~y~~~6~~~~~~~ MKS' F R •uSTpl •Y£ ; ~' ~ a I & ~ ~ ®. ~ I ~ ~ €€ p p g ~ pL ® O 6 i ® ~~ ® O ~ I • z ~ o I' i z~ -, - =~ :.g E 7.]N R'M. B.Y. 6 7.N1 ~RiW. p,u, ~ ! fE, 5~.. Rt~B.N.,~ e y.e n ~ ~~; ~ ~~~ ~~~~6~ $ ~ Vim. PJ §H~ t ~ # P I iii N ~o~ ~ r. f SY7 ! ~i 6 i 3~ c t ® ~ ~ 1, 4 . ~,~ J 1 I !I ~ ~ et © .~ H v I ~ R pp ' ~3 o d ~~ I~ m D r~* ~ y r ~= p q ; a o-~ti ~~~ ~~ 2 t~ n ~ ~ +~ ~ Q r ~ SaO~!'SF' W~. i . ' D m ~~mZ ~~ `~ spy \s °~ ~~ 4~ ~~ '6t `'\ E q Ei • D !~,,, ,~ rsu'1 +i s ~ >E i o m W ~i0 eg Qc g5 _ e` ~"+ E E p E UNa._a __E7 il~ !I ~ic. L~ O I a~~ ~ !, 0~6 ~~ r t. R' i t ~~~ a ~~ a a Jp ~y a 0 '~ .~~ f HUB OF TREASURE VALLEY ~ OFFICIALS WILLIAM G. BERG, JR., city Clerk A Good Place to Live JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Flre Chlef 33 EAST IDAHO w.L. °BaL° GORDON, Pouce Chlet MERIDIAN, IDAHO 83642 WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, pleaase submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ October 11, 1994 TRANSMITTAL DATE:10/01/94 HEARING DATE: 10/18/94 REQUEST: Final P at for B®dforri p~mce Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of e ' i n Road JIM JOHNSON, P/Z MOE Al-IDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA-AAp-TION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • B~ri htan g ...Corporation R~~I~' E.~ rr o ~, ~ ~~ ~~ss F FICE .CITY OF ~ RIDi~ November 6, 1998 ....Mayor Bob Corrie ..City of Meridian 33 E. Idaho Avenue - Meridian; ID 83642 RE: Bedford Place Subdivision No. 4 Letter of Credit # 5-0013185-9027 In the amount of $28,877.41- Dear Mayor Corrie: -,.The landscaping,. pressure irrigation, fencing, and' street lights for Bedford Place Subdivision No. 4 have been completed. ' I am looking for your assistance in the expeditious release of the above- referenced Letter of Credit (copy attached). If you have any questions, please call me: Sincerely, David W. Turnbull President Attachment 12426 W. Explorer Drive, Suite 220 • Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962 Mayor ROBERT D. CORRIE ncil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • U HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 December 28, 1998 David Turnbull Brighton Corporation 12426 W. Explorer Drive Suite 220 Boise, ID 83713 378-4000 fax 378-8962 RE: Letter of Credit for Site Improvements at Bedford Place #4 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (2os) 8s7-22 i i PLANNING AND ZONING DEPARTMENT (208)884-5533 As part of the development agreement, you have deposited with the City of Meridian a letter of credit for bonding of improvements of fencing, street lights, landscaping and pressurized irrigation. With these site improvements being completed and then inspected by City P & Z Administrator Shari Stiles, I am returning your letter of credit of $28,877.41. Thank you for your cooperation in completing this prajgct: Sincerely i~~ William G. Berg, Jr. City Clerk DEAN OBERST '/ia~ Prrsidenl Idaho 1'rojrcl Finance Dr~pmtnrcnt First 5ecur~tc~ Bank, First Sci nri h/ Bank n~ Idaho 999 Main Sh~cct, 3rd Floor p.O.BOS 70(9 Boisr, Idaho 83130 Tclcphone 2118-393-5355 FAX 208-393-5440 A financial services cornparn~ of First Srcurih/ Corporation ~B~"St • 5ec~~-fty` Bank® MAR 3 4 1~~~ I~~' ~~~~ IRREVOCABLE STANDBY LETTER OF CREDIT NO. 5-0013185-9027 ISSUED IN Boise, Idaho on 25 MAR 1998 BENEFICIARY: Meridian City 33 E. Idaho Avenue Meridian, Idaho 83642 AMOUNT : USD * * *28, 877. 41 TWENTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY SEVEN AND 41/100 UNITED STATES DOLLARS APPLICANT: Brighton Corporation, an Idaho Corporation, 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 DATE AND PLACE OF EXPIRY: 25 MAR 1999 Our counters. We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank, N. A. International Department 999 Main Street, 3rd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: 1. Beneficiary's certified statement, signed by a person purportedly authorized by the Beneficiary, stating that "Brighton Corporation has not completed landscaping, pressurized irrigation, fencing, and street lights on the Bedford Place Subdivision Phase 4, according to the terms and conditions set forth in the executed Agreement between Briahton Corporation and Meridian City." The certified statement must specify the conditions not complied with and that these conditions remain in noncompliance. 2. The original of this letter of credit. Drafts drawn under this Letter of Credit must bear the clause: First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 83702 Telephone (2081 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUSS] A financial services company of First SecnritU Corporation r j'°~ ~ First ~ Security ~,~~ Bank® L/C #: S-0013185-9027 PAGE 2 "Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. 5-0013185-9027 ,dated March 25, 1998." We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS AGAINST CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS HOT PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. DEAN OBERST Vice President Idaho Project Finance Depm•tnicnt First 5ecuroty gank~~ First Sccurihl Bmik of Idahn 999 Main Sh~ect, 3rd Floor P.o. Bay 70e9 Boiu•, Idaho 53730 FAXh~)~~c ~~~ 393 5440 A financial scri~ices comymiy of Fust Security Corporation ~~~ ~ -~~~ AUTHORIZED SIGNATURE(S) DEBRA L DORA18 UTTER OF CAEDR SP8CWU8T f~ECEI VED MAR 3 0 1998 ~IDiAN ~'.IIY E1R First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 53702 Telephone (208) 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUS51 A financial services company of First Security Corporation OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE O. STUART, Weter Worka Supt. JOHN T. SHAWCROFT, Waste WeterSupl. DENN18 J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Firs Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM • HUB OF TREASURE VALLEY COUNCIL MEMBERS RONALD R. TOLSMA A GOOd Place t0 L1Ve MAX YERRINGTON CITY OF MERIDIAN RDDERTD.CORRIE WALT W. MORROW P 3 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairmen IVlERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER Phone (208) 888433 • FAX (208) 887813 CHARLIE ROUNTREE TIM MEPPER Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ' Mayor June 29, 1995 TO: MAYOR -COUNCIL -CITY CLERK RE: BEDFORD PLACE SUBD. PROPOSED RE-PLAT -LOT 26, BLOCK 4 (COMMON AREA) FROM: GARY D. SMITH, PE I have met with Mayor Kingsford con erning this matter and he asked that I send a memorandum outlining the minimum conditions for consideration of this request, if it happens. The proposed purpose of the developer replatting this lot into 8,000 S.F. residential lots is to obtain funds from lot sales to offset the cost of piping the Finch Lateral through the subdivision. The maximum number of lots to be considered in any replat request shall be determined by the market value of the lots minus the costs of lot improvement divided into the actual cost to pipe the ditch. The costs to improve the proposed lot area shall not include the street improvement, water, sewer or other utility costs wit~lin the street with the exception of service line stubs to the proposed lots. It is still my opinion that even though city staff did not specifically state in their comments it is a requirement to pipe this ditch as stated in our ordinance and the developer is bound to the ordinance requirements unless a variance thereto is granted by the City Council. ! • r~~~~~~~~ FED 1 7 1~~5 crTV of ~~,RI~YA~ & ~ ~u~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1995 Gene P. Smith Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Bedford Place Subdivision _ ._. -- - -- Dear Gene: The plans for the pressurized irrigation on the above-referenced development show 1 inch risers for services. The District standard is 3/4 inch for all lots. This needs to be changed on your plans. The rest of the plans regarding the pressure irrigation system appear to be adequate once this item is corrected. The District does require certain agreements and contracts between the developer and the District prior to Nampa & Meridian Irrigation District taking over the facility, if that is the intention of the developer. Please contact Mr. Daren R. Coon, Secretary/Treasurer of Nampa & Meridian Irrigation District, if this is the intention so that we can get this paperwork behind us and the District can move on to on-site reviews as it goes in as we prefer to do. The piping of the Onweiler Lateral is shown. The entire relocation and piping through the subdivision should be completed at the same time. Also, the relocation of the Finch and the culverts that are needed for the streets should be completed at the same time. We would require that legal descriptions be provided to us for this work. Once the legal descriptions have been reviewed and approved, these relocations should not hamper the operations of the Nampa & Meridian Irrigation District. The storm water plans, which were developed using the 100 years storm return flows will only be accepted for the 25 years pre- development flows. Thus, flow restrictors will be required in all pipes returning run-off to Nampa & Meridian Irrigation District facilities. We do need to see and review plans which indicate flow restrictors are designed. Page 1 of 2 <. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 15 February 1995 Gene P. Smith Page 2 of 2 ~J The Nampa & Meridian Irrigation District does require a License Agreement for piping and relocation of any of the Nampa & Meridian Irrigation District facilities and also a storm water discharge agreement to return any water back into our system prior to any construction. Could you please contact or have your client contact Mr. Dan Steenson, Attorney for the District, at 342-4591 and request him to prepare a License Agreement for the above-mentioned items. The Licensee is responsible for payment to the attorneys for this contract. -Once- your client- was- returned signed -copies- of the- License- Agreement, it will go before the Nampa & Meridian Irrigation District Board of Directors at the next available Board Meeting for their consideration. Once the Board of Directors has approved the License Agreement, construction can commence. Please supply us with the above-requested items at your `J convenience. If you feel further discussion is required regarding this matter, please feel free to call on me. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Rider #2 Rider #3 Dan Steenson John Sharp ,/Meridian P & Z Ada County Development Services Ada County Highway District ** TX CONF I RMAT~ REPORT ** AS OF MAY 05 '9~~24 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 26 05105 12 24 208 888 9936 OFFIGAI.S WILl1AM d BERG, Jr., GIY Clerk JANICE L OASS. CIIYTreseurer GARY 0. BMIT}I, P.E. Clry Enplnero BRUCE D. STUART, WptN WO~Ia Supt. JOHN T. SHAWCROFT. Wasro Wear SLpt. OENNIS J. SUMMERS, Proles Supt. SNAiII S-STR.E8, P a 2 Atlro. KENNETH W. BOWERS. Flre Ctuel w. L "BILL" OOROON, PoIIC! CAlef W AYNE G. CROOKBTON, JR., Atlernay MODE MINiSEC PGS CMD# STATUS G3--S 00'42" 001 173 OK HUB OF TREASURE VALLEY A Good Platx to Live CITY OF MERIDIAN 33 EAST 1DAH0 MERIDIAN, IDAHO 83642 Phone (208) B88-4433 • FAX (20B) 8874813 Publit: Works/Buil~m8 DepaRlRatt (206) 887-2211 GRANT' P. KAVGSFORD Mayor FACSIMILE COVER SHEET COUNGL YEMBER6 RONALD R. TOLSMA MA%YERRINGTON ROBERT D. CORRIE WALT W. MORROW P a Z COMM13510_N JIM JOHNSON, C~olrman MOE ALIOJANI JIM SHEARER CHARl1E ROUNTiIEE TIM HEPPER TO: FAX NUMBER: ~ S ~ ~ ~~36 DATE: /JJ~ ~~ DELIVER TO: ~~~ /r `~h~~~ TITLE/DEPARTMENT: ~S~ ~®~'~~~~ ~e~~L. ~`~ ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET}: FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: G~i/l TITLE/DEPARTMENT: c ~eQ'~z ~ ~/ice huh. ~~f~eu y f may ~'~ /, ,,// G ~-'oo ~hu ~ lam' 1 ! / t~'~ ` GLi~`c~ %rf'u,c. C> ¢: o~ ~~- r ~,. ' / ~~ - J'~ we ~- like /`.fJ~,cei PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 8881433 ** TX CONFIRMATIDR REPORT ** AS OF MAY 04 '9~~14 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMDkI STATUS 15 05104 13 04 12083778962 G3--S 09'31" 012 154 OK Meridian City Council May 2, 1995 Page 14 Post-it® Fax Note 7671 Dew S/y~95 "P~B6- 12 To (~ _) Frero Co.rDept. -r, dl 0. Phone 4 Phone A FaX q .~ 7_ H L~ LU Z Fax k may come to that. 1 don't think it is there yet, but I have just seen notes evolve from 5, 6, 7 notes, now on this last subdivision like I mentioned there was something like 17 notes on that page and it gets really busy. Cowie: Mr. Mayor, as the plat, you have the plat page and the signature page is that page 1 of 2 artd 2 of 2. Maybe we could say it is 3 pages then and then it is up to the developer whoever it is that they better make sure that they have all of those pages. May not want to pay any attention to the signature but if there was 3 I would think that if I were a builder I would pay attention to the builder. Kingsford: The notes ought to be the second page (inaudible) Cowie: That is correct. Kingsford: Well, dully noted and you have been City Engineerfor how long? Smith: Since 1985. Kingsford: Longer than 16 months. Morrow' That is alright I will still challenge him. Stiles; Mayor and Council the next item is the Bedford Place Subdivision that is adjacent to Fothergill Subdivision to the north. If you will remember this is the project that was having a hard time getting their R-8 zoning until they convinced the Council it was the amenities they were providing were going to enhance the City to the point where you would welcome this subdivision. The bike path is designated along the South Slough, and was a natural, I considered it to be a natural waterway that was very pleasing and a nice amenity. Unfortunately this subdivision has relocated that to in some places as close as 6 feet to the adjacent Fothergill Subdivision. It is close to 10 feet deep, extremely deep slopes, Gary estimates about 1 1/2 to 1 maybe. This was done last Monday I believe and the calls immediately started coming and have been coming in on a daily basis. Wanting to know what is going to be done, threats from people that they were going to sue the City, reattors going to sue the City, going to sue Brighton, they are going to sue anybody they can think of. If you have gone out there, if any of you have gone out and looked at this it is huge, I mean an animal would get caught in it, a human would have a very hard time getting out of this. When they started digging this they knew full well that they weren't complying with the plans that had been submitted. The plans showed 4 feet deep and slopes and 20 feet offset from Fothergill Subdivision. I think at the very minimum we need to require fencing be put in immediately, their plat hasn't been signed, they have come up with some options that they came in and talked to us about today. Their final plat was CENTRAL ~ • ~~~~~~~~ rid DISTRICT AQ~ 2 ~ ~~~~ H EALT H ((~~ ~/ ~~ ~~~~~~ DEPARTMENT MAIN OFFICE 107 N. ARMSTRONG PL. BOISE, ID 83704-0825 •~'18~395 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our e-tidronmenG 95-153 April 18, 1995 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: BEDFORD PLACE SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on April 18,1995. No lot size may be reduced without prior approval of the health authority. If you have any questions please .call. Sincerely, i~~ f, Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health HUD City of biericTian Brighton Corp. Hubble Engineering Se-ving Valley, Elmar~ Boise and Ada Counties ADA ~ BOISE COUNTY OFFICE WIC BOISE - MERIDIAN EUNORE COUNTY OFFICE Eu+ORE COUNTY OFFICE VALLEY COUNTY OFFICE 70j NOrth 15t Armstrong PI. 707 N 1606 Robert St. 520 E. 8th Street N. of ENVIRONMENTAL HEnLTH Box 1446 P O . Boise, ID 83704-0825 Boise, ID 83705 Mountain Home, ID 587-4407 83647 Ph 190 S. 4th Street E. Mountain Home, ID . . McCall, ID 83638 Enviro. Health: 327-7499 Ph. 334-3355 . 587-9225 83647 Ph Ph. 634-7194 Family Planning: 327-7400 324 Meridian Rd. . Immunizations: 327-7450 Meridian, ID. 83642 Nutrition: 327-7460 Ph. 888-6525 WIC: 327J488 OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, FlreChiel W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA TY OF MERIDIAN I W CI ORROW ALTW M 33 EAST IDAHO SHARI STILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888433 ~ FAX (208) 887-4813 ~- .Gp~}4m~aP„,P~anninQ 8 Zoning Public Works/Building Department (208) 887-2211 ~ L ~ ~ ~~ ; GRANT P. KINGSFORD ,~ ,;~ ~ Mayor 1 1_w ., . ~~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT ~.~C'~~' _ ~'°~~ WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Cterk by: October 11. 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Subdivision BY: Brighton ornoration LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~~~~~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~ ~ T 2 ~} 1~~/i NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT cc `' ~ ~~ ~a~ti~~O3r:~i'>. IDAHO POWER CO.(PRELIM 8~ FINAL PLA~ U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL,gMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: :~,'9 r~ ~ • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 21 October 1994 OFFICE: Nampa 466-7861 Boise 343-1884 Gene P . Smlth SHOP: Nampa 466-0663 Hubble Engineering, Inc. Boise 345-2431 9550 Bethel Court Boise, ID 83709 - - - - - -- - RE: Land Use Change Application for Bedford Place Subdivision Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, .SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Brighton Corporation City of Meridian '~ enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ' D+'Z IZ ~d ~.I I'I R ~ ~ ~ ~ • • ~~ a • ~ • t ~~ , ~ ~ ' 1 ...r . -- __ i 7 8 f 4 3 2 ! 3 4 8 8 7 i f 10 ~ 11 I '~ ~ 1! 1 • to n t2 u ~~ ti ~ i i 4 d ~ 7 i 13 i ZZ r ~ 11 w 17 M 1i td t4 1~ t2 h t0 • 14 13 ib ~ I ~. ~; ' i+ ~ : 3 4 b • si 2! r ao ttl H 17 1• ' ~! y~ 1 2! 12 I t 10 1 v I1 ~ • ~ s4 m ii :7 ~ 2~ ao >t ~ ~~ ~ ~ ;~ ~4sa~ an a 't • • ~ ~ ~a ~ M M = ~ u 47 + : s • a ~ ~ i • ~ N +o as a~ s7 1 j 1 ~ y 18 17 1+ to 44 13 1! t1 to q 4a 4s y t7 r ~ ` ~ Z CM { .. ~ .` `fie. ~ - '..0 j i i 1~ f 1 _ 1 1 i 1r ~ ~ • r 1 ~ • ~ ~ ~ { 1 ~ 1 ~ • ~ ~ !~ rte- , •~ • ....~~. ~ • ~ J w ~ • • + ~ ~ • r • ., • ~ ,~ ~ • . ~ , r • { ~ • ~ • • • I~ i ~ ~ ~I • • • ~ ' ~ ~ ~. i . t ~ • • . ~ • • ~ • ~ 1 ~ ~ ~ ~ . 1 ~ ~~ ~; y ~. I' GJ Jf Z- r~U{'1 i IGrCiyi"'n7 Vi7~ Lrw i ~w VG , StJPERiNTENCENT OF SCH001.9 Sao ~. Nu~r tJTY 9UPERINTENO~NT O~ Ex<<l ~ OwtM~.lrinancr+/~Adrnlm~trat~vn AS$ISl'ANT t3tJPCgINTENCENT ~~ OIR$C"Y1~ Oonn~ll~ Pw!{grtnel a in~lrucllon ~~~ 8borv18otknop, Fit>fr~itlfy Jirn CubMr/~ 9reon~ry coup Rutart, 8p~1~1 ~-~ JOINT SCHQOL DI$TRiCT N0.2 ~-y~ 3t 11At;FiIpIAN STAE6T • 4ASRIOIAN, IOAMO A3a42 ~ PMQN! ~189ggTt)t October 18, 1994 Shari Stiles City of Meridian 33 Ea>31t Zdalho Meridian, Idaho 83642 Our letter respandinq to the appifcdtion for Bedford Plncs Subaiviaion, dattdd October 6, 1994, had an error in paragraph four. The statement ie correct for Section 3, but this develcpenent is not S.n Section 3. sorry ia>r the incanvenienea. SistiOerely, Dail Mahe, Deputy Superintendent DMsgr cc: Brighton Corporation ..__. a.~. r...~.a s..., a.a..e.MiiHnl er~arrfn 7Fi71 • of Y~OOO - O aPt• M M ~ ~x OCT l S ' 9-i 1 3 ~ 53 ,7~1~33 r 7S'3~.~'~ PAGE . 0~7 1 - SU~IVISION EVALUATION ~EET O C T 2 4 1994 CITY OF I~`F~II~~~II~ Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 10/13/94 Preliminary Stage Final XXXXX Engineer/Developer Hubble Engr /Brighton Corperation The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall appear on the slat as• "E USTICK ROAD" The following new street names are approved and shall anaear on the plat as: "NORTH ARROWWOOD WAY" "E. ADDESON STREET" "N ANSTON AVENUE" "E SEDGEWICK STREET" "E. BALDWIN STREET" "E. WAKELY STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE GENCY RESENTATIVES OR DESIGNEES 'Ada County Engineer John Priester Date /~ J3 Ada Planning Assoc. Terri Raynor ~~- r Date ~U 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 !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Clly Clerk MAX YERRINGTON i S y I CITY OF MERIDIAN RGBERT D. ~DRRIE WALT W. MORROW neer Clty Eng Y 0 SM TH P.E GAR BRUCE D. STUART, water works supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste WaterSuDt• Planner 8 Zoning Administrator KENNY W. BOWERS, FireChlef MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (206) 887-4813 Chairman • Planning fi Zoning WAYNE G. CAOOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Witl Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Subdivision BY: Brighton Goraoration LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road __ JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C1C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: D O C T 2 0 1994 NN N w ~s~ Q~ 9~0 SURVEyO RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 October 18, 1994 Mr. Will Berg Meridian City Clerlc 33 E. Idaho Avenue Meridian, ID 83642 RE: Bedford Place Subdivision Item No. 10 Dear Will: VIA FACSIMILE Please find attached copy of my letter to Gary Smith responding to specific concerns-which were raised by the engineering department concerning the final plat for the above referenced. I have also attached a copy of Dan Mabe's letter to Shari Stiles retracting his October 6, 1994 comment concerning the elementary school site. I would appreciate you providing copies of this letter and attachments to the Mayor and Council prior to tonight's meeting. Should you require further information, please advise. Sincerely, sene P. Smith, P.E. Sr. Project Manager GPS/bh/844.1tr EN~I/y V FF4 `~ RUBBLE ENGINEERING, INC. y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 RVE October 18, 1994 Mr. Gary Smith, P.E. City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 RE: Bedford Place Subdivision Dear Gary: VIA FACSIMILE In response to Bruce Freckleton's memo of 10-13-94 addressed to the Mayor and City Council concerning the above project, I wish to address specific items as follows: Item No. Discussion 2 Please find attached copy of approved names. 3 This density includes the common/landscape lots.. Actual building lots is 78 which results in a density of 3.61 dwelling units per acre. 5 The street frontage for the 3 lots in question will be increased to the 65-foot minimum. 7 Please provide additional information. I am unable to find a discrepancy. Those items not specifically mentioned above will be modified on the final plat. Should you require further information, please advise. Sincerely, ,~.P~-~ Gene P. Smith, P.E. Sr. Project Manager GPS/bh/843.1tr ..:. ,.-~: ~ r ~~~ S~IVISION EVALUATION ~-IEET ~~ Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 8/25194 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr /Brighton Corperation The following SUBDIVISION NAME is approved by the-Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. _ . - ~ ~.~ BEDFORD PLACE SUBDIVISION X. ~ S/ Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. USTICK ROAD" "N. CURT DRIVE" The following new street names are approved and shall appear on the plat as: "NORTH ARROWWOOD WAY" "E ADDESON STREET" ~~ ~~ ~ti I E2.t~- "E SEDGEWICK STREET" "E EDGAR STREET" The followin4 proposed names may be reserved to be used on this subdivision plat: "BALDWIN" "OBERLY" "WAKELY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, /~! ~E JCY~REPRE,6`~NTAT~VES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada Cb time of signing the "final plat", otherwise the plat will not be signed !!!! c....... ~..a.... Post-it' Fax Note 7671 oa~e ~ 3v ~~,- To D ~ O"A From ~/./ Co Co. ~ ~. PAaa 1 Phw~e ~ Fax ~ 3 .1 ~ ~ C3 z Fax ~ (~'S' S ~ / "% _ Date Z Date ~S `~ Date ZS ~" my Engineer at the Sub Index ~~Z/~~~~u ~,~ ~~ • ~~Q c~cE<< 2 ~~~\ ~~ Q ~~ - fi REC~~V~~ O C T 1 1 19~~ CffY OF MERIDIAN ~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Christine Donnell, Personnel & Instruction DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 October 6, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Bedford Place Subdivision Dear Councilmen: I have reviewed the application for Bedford Place Subdivision and find that it includes approximately 89 homes at a median value of $120,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 30 elementary aged children, 22 middle school aged children, and 20 senior high aged students. At the present time Chief Joseph Elementary is at 101 of capacity, Meridian Middle School is at 139 of capacity and Meridian High School is at 130 of capacity. Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. The school district will have to be allowed time to review an alternative solution to the attendance problem. The elementary school site in Section 3 needs to be finalized before any more subdivisions are approved! The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer services available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require one classroom at the elementary level, one at the middle school level and one at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for four portables would be $120,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~51~~~~ Dan Mabe Deputy Superintendent DM:gr • ~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT oa ExcF~ Dan Mabe, Finance & Administration ~ ~~ ASSISTANT SUPERINTENDENT ~ ~,~ Christine Donnell, Personnel & Instruction 2 ~ DIRECTORS ~ J hm Ca berryaSecondaryary Q Doug Rutan, Special Services y ~ JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 October 18, 1994 Shari Stiles City of Meridian 33 East Idaho Meridian, Idaho 83642 O C T 1 8 1994 Cifi'~' ~i~= r~~~i~1~~~Pd Our letter responding to the application for Bedford Place Subdivision, dated October 6, 1994, had an error in paragraph four. The statement is correct for Section 3, but this development is not in Section 3. Sorry for the inconvenience. Sincerely, Dan Mabe, Deputy Superintendent DM:gr cc.: Brighton Corporation CENTRAL ~~ DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division RECE~~1~D O C T 1 41994 CITY OF MERIDIAN We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ Boise ^ Eagle ^ Garden city ,Meridian ^ Kuna ^ Acz Return to: Rezone # Conditional Use # Prelimina final Short Plat ~~~~~ ~1~G St/13D/v`~S/p~ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~.Eentral water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ~~central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. ~, 13. ~. Revie V (~iJ1'~YL r4 ~ ELo+~ ,,~, ~IS~ ic.(x. r~ra ~1 ~'~.ID~A~ '~.oR~s Date: ~D / ~ °Z ~~ wed By: `~ CDHD 10/91 rcb, rev. I I/93 jll CENTRAL • ~ DISTRICT . ~ ~~~ EAST DEPARTMENT MAIN OFFlCE • 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 315-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is .preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado. Serving Palley, Elmore, Boise. and Ada Counties Ada I Boise Counly OBke WIC Boise • MendMn 707 N. Amsrrong Po. 1606 RaDerts 9oae. ID..83104 Boas. ID. 5wiro. Health: 327.1499 83105 Ph. 3343355 Fundy Planning 321.7400 324 Merman. ID. ~r~rtnur¢rnions 327-1450 83642 Ph. 8883525 Nuhition: 327-1460 WIC:321-7488 I~n,areco~,tyon~e 520 E Bfh Street N. Mowtmn Home. ID. 83641 Ph.SBI.4407 ~,«e co~,+r omee of 6nrrtanmerdd Heatlh 190 S. 4th Shear E MawtcT Hone. d). 83647 Fh. 587-02"c5 volley Caudr Crsee PA. 8mr 1448 McCd.10.83638 Ffr. 634-1194 ~~ r . OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "f31LL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN WALTW MORROW 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 ~ FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 ~+ SHARI STILES RECE~iL~~ng Administrator JIM JOHNSON ~+ T Chairman -Planning 8 Zoning 0 C 1 ~ ~ 1991 GRANT P. KINGSFORD Mayor ~~ ~ ~~ ~l,+il' f'~ilall~~~{,~e TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11. 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANt, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES , / OTHER: ~~ ~~~ '" ~ "~ YOUR CONCISE REMARKS: L o f ~ r ~ C-- /t) ~e /.j -C ~~..~ f C L .e w 2 4~/ 7rr r} a J.. ~- ~ ^e e ~ ~' . cam. OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PREL jM & FINAL PLAT) CITY FILES / 1 p _ ~ ~ ~ ~, - , YOUR CONCISE -F-~D • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 ~~~ - 4 199+ CI~'Y C~ E~llDIA1V ~~GE1V~D MAR 2 1 1996 CITY ~?~ ±~IIERIDIA`~' /~~ ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Mike Tanner Brighton Corporation 12301 West Explorer Drive, Suite 200 Boise, Idaho 83713 SENT VIA U.S. MAIL AND FACSIMILE TO 377-8962 Re: Bedford Place Subdivision Dear Mike: The License Agreement for the relocation and piping of Nampa & Meridian Irrigation District's Finch, Lateral through Bedford Place Subdivision was approved by the District's Board of Directors at the board meeting that was held on 19 March 1996; therefore, construction on this project may begin.- Construction must be in acco dance with the approved agreement. If you. have any questions, please feel freeto contact me. Sincerely, i John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri Bill Henson ' Hof Meridian Ada County Highway District Rider 2 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 20 March 1996 • ~ ~E~E~vED MAR 1 8 1996 DITY ~~ iVIERIDiAN ~'~~ ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Mike Tanner Birighton Corporation 12426 West Explorer Drive, Suite 220 Boise, Idaho 83713 SENT VIA U.S. MAIL AND FACSIMILE TO 377-8962 ate: Bedford Place Subdivision Dear Mike: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 do Monday, it March 1996, you and I reviewed the revised plans for Bedford Place Subdivision (Lonnie Fox stamp date 2/27/96, Sheet Number 19, Job Number 94-035-04). During our meeting, I told you to contact the District's attorney, Ms. Laura Burri, so ,that she could prepare a License Agreement. I explained to you I would feel more comfortable if t`he District's Board of Directors were informed of the depth of-the proposed pipe line. However, I felt that we had a workable solution as i~he language in the License Agreement would protect the District's basement and our ingress and egress on the Finch Lateral. However, sometime the night of 13 March 1996, we had a set of newly revised plans stuck in our chain link gate at 5525 East Greenhurst FRoad, the location of my office. Sheet 19 for Job Number 94-035-04, Lonnie Fox stamp date 3 / 13 / 9 6 , has been changed s ince Monday . The pipe line is even deeper.. At this point, I will not recommend acceptance of the relocation and piping of the Finch Lateral to the Board of Directors. I am going to contact the District's attorney and instruct her that she is not to prepare a License Agreement based on the newly revised plans. Apparently, she has a set similar to the plans that we received. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 14 March 1996 ~ ~ s~ 14 March 1996 Mike Tanner Page 2 I suggest you contact Daren R. Coon at 343-1884 and that you schedule a meeting with the Board of Directors to resolve this matter. Do not instruct your excavators to enter the District's facility as they are not authorized until we have a signed License Agreement. If further discussion is required, please feel ,free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri John Sharp Bill Henson Hub le Engineering, Lonnie Fox via of Meridian Rider 2 File facsimile to I i i i 378-0329 >*~ ~ . _ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z pdminlstrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre. Chief W.L. "BILL" CORDON, Polk:e Chief WAYNE G. CROOKSTON, JR., Attorney March 1, 1996 HUB OF TREASURE VALLEY , A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 Fax 322-2032 Cni i~icu R!FR~raFRS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY p 8, Z OC MMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Re: STREET LIGHTS FOR BEDFORD PLACE SUBDIVISION PHASE #1 Street Lights have been installed by the developer in Bedford Place Subdivision #1. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are located at: 250 W Lot 1 Block 1 Lot 11 Block 2 entrance lot 415 E. Edger Court 100 W Lot 4 Block 3 465 E. A Lot 26 Block 2 Anston Avenue 2979 N 100 W Lot 10 Block 4 529 E. Baldwin Street 100 W See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely 1 /~~ William G. Berg, Jr. City Clerk i. B~'D:F' D PLA CE ~ UBDI V1'~'I aN A ORT10N OF GOVERNMENT L 3, SECTION 6, P/~f3S~' .~ T.I., R.1 E., B.M., ~-{~-eet Li9 hts MERIDIAN, ADA COUNTY, IDAHO ~ 2S0 ~ ~ ~ } 1995 • HU881F ENGINEERING, INC. • ~ I ~~ ~ C4 t1~S ~ RISE, IDAHO .. . ~,t,,t~.. ..........: asaeas' a swans . .............................................. . nor a ~ - - ,• L'3~~ p~ E E US71QC A0~ - E~„ t:2 LOT ! S oozs's4' w ~ „` ~ EECOIAI' f ~, ~ 4soo' saoo~ REAL POINT OF BEGiNNINC N s w +~+s d LOT f ssr r x sa• aKV vpe anouwo a t~ ~a O ' qp~c, ~ ~ 3 BLt71ra1' ~' X10 O ~O -O ~® O ~ ~$ . a 3qg ~o wr 4to Uaµ ^44tA 438 s ` ~~~~ A ~ ~ N .a7~"ta' w _ b Aa7? a ~_~ E. m' COURT ta' ° ° ~ ~ 3q1 ~ N IS z9 .4~ 471 489 N ~•~- O9 yo3 it Q. 13 © s s~ C-1 11.94' I ~~ " O ~ b LOT f -r~1s- N~ ~'~ iiLbB ~ ~ ~~ E~COIOI' 7 ~ ® ' 0 ® ~ ® ® 4 ~ G-3 ® .. ~ t3 S Bti^J4'26' E 39~ 406 414 43b ~ 458 ~ 47 ~' ~~ S 0073'34 w I ~/ ~ N af74'!a' w b 50.00• • D ~ ~ E 11~ESON STREET asur ° Q~ a~ ~ ~=I® `~ 101 407 4z! 4'~3 87 ~'9 ~ ~ 1` a °(, ~ O1 ~ ~ ~ M s 0 ® © ~~ a E~OIAI' f s ~ 10 > -~ ~ N a - - ~~ `~ ~, ~ ~ $ () si $I »8 ~ ~ ~ N © Q 8 ~ .~O ~ g/0 ~~ ~ S 8>i'34'28' E 39 ~ yto 2z ~ b 136.00' 66C b d~ ~_ b Q.a7' ?soar --- -N anon w --E BALDWIN SIREE~ -~~- -°--- ~msar S 0073'34' W 39S 4~c t '~fo9 42,1 '+3S ~}~F7 4t.9 497 5't3 52 V$ sooo' .a t 1~3.'~1, • ®" '~ ~ 1! ~ © ~ is ' ~ ®~ ~ $ ~ ~. ° ~ ~' o-7 , N s~ "'Q3 s S ~ . _' r o•w S Oti'34 28' E I ~ ar dasao' esrsar asas ^ none asao: war asps says 20.18' O ~ b N afDa6<' w aw.tt b N sooner w~ o.~r+ ° E C ° zsos S 0073'34' W ~oa~r ~~ ~ ~ C~8 50.00' I c~-» d~ o-n a{t N mew ~ ~ 2 0 O _~ _0 _ O ° LOT f ® . - - " - l~Ct:YtaC f0 s IN aaA4Ya' w ~ ~ ~+ • S 0073'34' W ~~ ~ ~ 19 ® ' Q 0 ® ~ ~ 13 © 11 $ !17.32' ~ '" aao _ ~ C-10 " i~ w ;r ^ ~ _ ~ ssos none aaso' aaao' s aaos = n~ ~' S 00'2534' W I ® ~ t, s - E eases b 50.00' a E Y~IIIm.Y S11iEET _ _ s ~ N ~ J, ,oa 4 ' I $ 3~~ s ~ >• ~ ~ $$ S 0312'S>i' W ~~• ~ ® `" 8215' o „. _ ~° 4~~ C OF MERIDIAN, ~I.JILDING DEPARTMENT 4- 33 E. Idaho, Meridian, ID 83642 ~. - 887-2211 • Inspection Line 887-1155 ~~ ELECTRICAL PERMIT Issued: 1@/1@/95 Permit No: .682! OWNER/APPL.RANT------------------------PROPERTY LOCATION------------------------- MIKE TANNER 1 1 BEDFORD PLACE -. I _ MERIDIAN ?ID 83@@@ I Lot: Block: Lang Legal: 2@8;867-472 I Sub: BEDFORD PLACE T: ~` S: 1 Parc No: . CONTRACTOR-=---------------------------DESIGNER------------- 319 N I ND "ANA CAL• DWELL I D 836@S .I ... - ~ -------------------------------- JECT INFI?----------------------------------- /. . Prj Values ~6, @4Q~. @@ I Temp Ser+ zce Pr-j Type: I Residential Service: Occ Tyype: ~ I N~.aa~ber .of Rooms: Occ Grp:' Occ Londe I Electrical Heat: Cnstr Types I Number of Circuits: Land Use: IOther~~:STREETLIG'riTS ! PROJECT NOTES--------------------------------------•--------------------------- L1/B1~ L5J132 L4/E3, L~6:P2, LiV~; B4 1 25lZI WATT t ~NTRY W(~Y } AND ~+ 14@ WATT. ~ i, :~@4. @@ ;VALUE FDI? EAC!-I L I GtiT. P" - TECT FEES ASSESSt*fENT TOTAL ELECTRICAL FEE: Amount Paid: ~:3@. 0:2 $13@. @@ Balance Due: X47. @Q IlVIPORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays Other .Permits ale .Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit ReVOCSt1oD~.Sp11'atioII. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. peClaration -This permit is being issued subject to tl ~e work to be performed will conform to the regulatiana c es and laws of the City of Meridian, and it is hereby agreed that and applicable thereto. ice" Owner or Authorized Date ~ OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chfef W.L. "BILL" GORDON, Pollce.Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor VehiclelDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor September 12, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Bedford Place Subdivision #1 Phase #2 Cnt~NCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Street Lights have been installed by the developer in Bedford Place Subdivision #1 Phase #2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are located at: Lot 16 Block 4 E. Sedgewick St. Lot 8 Block 5 E. Sedgewick St. Lot 22 Block 4 N. Anston Ave. Lot 16 Block 5 E. Wakely St. Lot 11 Block 5 E. Wakely St. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely <aG~w William G. Berg, Jr. City Clerk y1i,,~ COY OF MERIDIAN, BU DING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 '~.~' 887-2211 • Inspection Line 887-1155 ELECTRICAL F'EP.MIT OWNER/ApF'L I CAPJT-------------- MIKE TANNER MERIDIAN, ID 83000 2t~8/8E7-1472 T: Issued: B/20/9b Permit No: 9122 --------PRORERTY LOCATION----------=------------- I 1 BEDFORD PLACE i -Lot: Block: Long Legal: I ~ Sub: BEDFORD PLACE S: 1 Parc No: CONTRACTOR---------------------- R!7DNEY B. BEUS X19 N INDIANA CALDWELL I D 836~~d5 2~d8/454-~1$7 F'ROJEGT INFO----------------- F'r,j Val ~_~e : $E, Q~00. 0~ Pr.j Type: STREETLIGHTS Occ Type: Occ Grp: Occ Load: Cnstr Type: Land User r'ROJECT NOTE5- -------DESIGNER-------------------------- ---- I 1 , I ib00/0¢~0-Q~~00 t ------------------------------------------------- I Temp Service: 1 Residential Service: I Number of Rooms: I Electrical Heat: I Number of Circuits: IOther:STREETLIGHTS I L 1 E P4, L~~ B4, L8 B5, L 16 H5, L 11 B5, r'ROJECT FEES ASSESSMENT----- TDTAL ELECTRICAL FEE: ------------------------------------------------- Amount Raid: $13~D.0Q~ ~ 130.00 Balance D~_~e : ~0. @0 IlNIPORTANT INFORMATION Inspection regneStB must be made 24 hours prior to the need for inspection. Persona making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - F~iday, between 8:00 AM and 5:00 PM, ezcluding holidays. Other Permits 8re Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit RevoCation/Espiration. The Building OOzcial reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire is 180 days ifi work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration -This permit ie being issued subject to the the work to be performed will conform to the regulatia~os pi gs and laws of the City of Meridian, and it is hereby agreed that and applicable thereto. Owner or Authorized Date ~~ ~ WIWAM G. BERG, JR., Cay (bark JANICE L GABS, City Treeeurer GARY D. SMITH, P.E, Clty Erplnesr BRUCE D. STUART, Wets Wbrb Supt, JOHN T. SHAWCROFT, Wei Water Supt DENNIS J. SUMMERS, Perlin Supt SHARI L STILES, P d, 2Adndr4stratDr PATTY A. WOLRCIEL, DMV Supendeor KENNETH W. BOWERS, Rre Chief W.L `BILL' GORDON, Polbe Chief WAYNE G. CROOKSTON, Jfi., Attorney MEMORANDUM: • HUB OF TREASURE VALLEY ~ . A ('i00d PI80C t0 LIVE CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Ply (~) 888f1433 • FAX (208) 887-4813 Public Warlrs/Bttildmg Department (208) sal-z211 Motorvehicle/Drivers Lioeme (208) 888.4443 ROB~I' D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the lights in _~..c.c%~~~.~ proceed with the activation. COUNCIL MEMBERS WALT W. MORROW, Preaklent RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & 2 COMMISSION JIM JOHNSON, Chelnnan TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Date: '-/~ '~io ical wiring and associated components for S~ street ~~-~'-~ .Idaho Power Co. can now V old Hudson, Electrical Inspector .r C:\WPWIN60\GENERAL\ELECINSP.MMO • ~ ~ ' Jt+d ~bl~l ** V s;~ f ~ ~ w ~. ~ ~ r t g, o ~~~ ~ ;~~N ~~ Aia~ ~ ~ l Y a , Q %'_ g N m ~ ~ ~ ~~ S ~' s g ~ ~ ~ .n ~+~ ~ n a ~ '' ~ ~. ~ ~ ~ i ! r s \N ~ M ~ ~ -. m~ ,~ r ~ / OM •,r _ ,... •~~~~ ~ • ~~ r... ~:.~ ~ ~•~ ~ •. . .'' i~f..i. ~ _~ `•'- ~ ~4 ~{ :~: r ® ® ® ~~ ©• ~ O 1 t ® ~ Y ! O ~N. NlSiON A ' f` N. ~oN ave. tl " , r f'~ y ~/ O f V ~ ,O a ~ n O e ~© m ~ '~ O O ~O '' ~ ~ O ~- O ~ N ~ O O-~ y • / O ® O , ® O O, ~ .• _ b b~ = \ \ r ~ •~ N r ~'1 1 ~ ~ Y ~~ ~. :~ ~~ . ~~ ~. ~ ~ ~ • ~ .: ~~ :. a. ' ~ :.M..~~~. ~ ~•2fr ~ . S'..8'ri ~ • ~ w , ti ~! ~ :ems ••r.. 3_ ~~= •• v ~n ,t • yT : ~. ~ g• ~~ .~ . °.~S :. ~t~ `_ - _- - s WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parlo; Supt. SHARI L. STILES; P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433,• FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor December 28, 1996 David Turnbull Brighton Corporation 12426 W. Explorer Drive Suite 220 Boise, ID 83713 378-4000 fax 378-8962 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BEI4TLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY RE: Letter of Credit for Site Improvements at Bedford Place #1 Phase #2 As part of the development agreement, you have deposited with the City of Meridian a letter of credit for bonding of improvements of fencing, street lights and pressurized irrigation. With these site improvements being. comple#ed and then inspected by City P & Z Administrator Shari Stiles, I am returning your letter of credit of $21,627.65. Thank you for your cooperation in completing this project. . Sincerely i~~ William G. Berg, Jr. City Clerk ._ • First 5ecurrty Bank® IRREVOCABLE STANDBY LETTER OF CREDIT NO. 5-0013185-9014 ISSUED IN Boise, Idaho on 15 JUL 1996 APPLICANT: BRIGHTON CORPORATION, AN IDAHO CORPORATION, 12426 W. EXPLORER DRIVE, SUITE 220 BOISE, IDAHO 83713 AMOUNT: USD ***21,627.65 TWENTY ONE THOUSAND SIX HUNDRED TWENTY SEVEN AND 65/100 UNITED STATES DOLLARS BENEFICIARY: MERIDIAN CITY 33 E. IDAHO AVENUE MERIDIAN, IDAHO 83642 ATTN: GARY SMITH DATE AND PLACE OF EXPIRY: 15 JUL 1997 OUR COUNTERS We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank of Idaho, N.A. International Department 119 N. 9th Street, 2nd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank of Idaho, N.A. Boise, Idaho DOCUMENTS REQUIRED: +BENEFICIARY'S CERTIFIED STATEMENT, SIGNED BY A PERSON PURPORTEDLY AUTHORIZED BY THE BENEFICIARY, STATING THAT "BRIGHTON CORPORATION HAS NOT COMPLETED SEWER, PRESSURE IRRIGATION, FENCE AND STREET LIGHTS ON THE BEDFORD PLACE SUBDIVISION, PHASE 1, ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THE EXECUTED AGREEMENT BETWEEN BRIGHTON, CORPORATION AND MERIDIAN CITY." THE CERTIFIED STATEMENT MUST SPECIFY THE CONDITIONS NOT COMPLIED WITH AND THAT THESE CONDITIONS REMAIN IN NONCOMPLIANCE. +THE ORIGINAL OF THIS LETTER OF CREDIT. Drafts drawn under this Letter of Credit must bear the clause: "Drawn under First Security Bank of Idaho, N. A. Irrevocable Standby Letter of Credit No. S-0013185-9014 dated 07/15/96." First Security Bank International Department 119 North 9th Street (83702) P.D. Box 7069 Boise, Idaho 83730 Telephone 208-393-2175 FAX 208-393-2160 5 ~VIFT Address: FSBUUS51 Telex 3789450 first sec bk A financial sernices company of First Security Corporation . w _ + • • .~ L/C #: S-0013185-9C PAGE 2 We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry-date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS AGAINST CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS NOT PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. 1'. ~l ~ ~ v , AUTHORIZED SIGNATURE(S) ~1lE~lr9 ~. [nREi~f~3Ul.A a~~~ OF ~ y1~~GiT Sf~~CIA~.'ST OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES; P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chle} W.L. "BILL" CORDON, Pollce Chlef WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TRFaSURE VALLEY A Good Place to Live CITY DF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drives license (208) 888-4443 ROBERT D. CORRIE TO: William G. Berg, Jr., Ci C ark FROM: Shari Stiles, P anning & Zoning Administrator DATE: December 19, 1996 SUBJECT: Bedford Place Subdivision No. 1-Release of Bond COUNCIL R9EMB wS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. EEFITLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY David Turnbull asked that we release his bond ft~r Bedford Place Subdivision No. 1. All landscaping and fencing has been installed; I assume all the streetlights have been installed and inspected. Please release the letter of credit for $'L 1,627.65 and issue a check to return the $701.25 for the temporary fencing. Thank you. cc: David Turnbull `Y `~ RUBBLE ~+IGINEERING, INC. ~9ti Qy 9a50 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 October 17, 1995 Mr. Gary Smith, P.E. - Meridian City Engineer 33 E. Idaho Meridian, ID 83642 RE: Bedford Place Subdivisio0 Dear Gary: Brighton Corporation has requested an estimate of construction costs to pipe the South Slough Stub which runs parallel with and west of the above referenced site. After a field investigation, as well as research with ACRD and ITD, we have not been able to determine the size of the pipes under either Ustick Road or the Onweiler Lateral. However, John Anderson with NMID indicated that this ditch primarily functions as a ground-water drain and a 24- inchpipe should be more than adequate. Estimates to install that pipe and backfill the existing ditch from Ustick Road to the south side of the Phase-1 constructions is as follows: Insta118001.f., 24-inch, 12 gauge CMP with bedding: 8001.f. @ $26.00/l.f. _ $20,800.00 Import backfilUcompact existing ditch: (estimated at 2' above pipe) Rip-Rap outlet and placement: 1,500 c.y. @ $ 2.00 / c.y. 10 c.y. _ $ 3,000.00' = 00.00 TOTAL $25,300.00 Should you require further information regarding this subject, please advise. Sincerely, ,~ ~ Gene P. Smith, P.E. Senior Project Manager GPS/vw/2572.1tr REC~1!/ED 0 C ~ ~ 3 ~9~5 iIAERID~AIN CITY FAR ~.c. ~~ ~i (.~ io J xc: David Turnbull, Brighton Corporation '~ 4'S _ .~- ~ ~, DECEIVED DEC 2 9 1994 GI"t ,it v~ i~r~:riiv~t~l~ '~atir~fia. & ~~i~eidracz ~~vugatia~c Di¢~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 27 December 1994 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gene P . Smlth Boise 343-1884 Hubble En ineerin InC. SHOP: Nampa 466-0663 9 g ~ Boise 345-2431 9550 West Bethel Court Boise, ID 83709 RE: Bedford Place .Subdivision Dear Gene: The construction plans for the above-mentioned project have been received and reviewed. There were no calculations sent for the storm drain system. Our review indicates that the seepage trenches may be slightly undersized. There are three sand and grease traps with overflows to the Finch Lateral. These overflow outlets need to have orifices placed in them to restrict the combined flows to the pre-developed amounts. The plans show the proposed relocation and piping of the Onweiler Lateral. There needs to be access provided to the irrigation box at station 2+05.45. A trash rack needs to be provided at the inlet to the irrigation box. Since the system is a siphon and will act as a pressure pipe, the District requires that the invert of the pipe at the first fall be lowered some so that the entire length of the pipe will be on a constant slope and not have a rise in the middle of the system as the plans show. We also require that you redesign the check structure proposed for box #1 for the delivery located on the east side of the subdivision. What I would like to see is a check structure for the diversion located upstream from the pipeline and after the water falls over the check structure, it would go into a box directly into the pipeline. To put it downstream will make it very difficult for our employees if, in an emergency, we have to pull those check boards to drop the water level in a hurry. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 27 December 1994 Gene P. Smith Page 2 of 2 One last thing, there were calculations sent for a pressure irrigation system; however, the calculations did not include any pressures in the system when it is operating, which is what we are interested in knowing. The Nampa & Meridian Irrigation District will require a License Agreement for the relocation and piping of the Onweiler Lateral, we need a legal description for this, and we need a License Agreement for any encroachments. To obtain this, would you please contact Dan- S-teenson,-- the__ D-is-trio.'s -Attorney, -at- 3.42--4-591-and--request him-- to prepare a License Agreement for action by the Board of Directors. Should the developer intend that the Nampa & Meridian Irrigation District take over the ownership, operation and maintenance of the system, a contract and various other documents must be signed by the developer and the District. Please contact Daren Coon, Secretary/Treasurer, at the District's Office to begin this process. Once the above items have been addressed and changed on the plans, the plans and calculations will need to be resubmitted for the District's review and approval. Please contact me if you feel further discussion is required regarding this matter. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Allen Damberger Rider #4 John Sharp Attorney - Dan Steenson torney - Steve Mahaffy /City of Meridian Ada County Development Services f ~~11 r A ~_ _. ... .. . - -_ DEVELOPMENT AGREEMENT ~ --, V r ~ r- ~ - iqs `s eP• .30.00 THIS AGREEMENT, made and entered into this l~~day of ~ ~ ~~~ '_ ~_ 1995; ; l .~.. by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and BRIGHTON CORPI~~Aq'ION, ari Idaho_ - -- Corporation ,party of the second part, hereinafter called the "DEVELOPED'`'; `whose address is - 12301 W Explorer Suite 200. Boise. Idaho 83713 . WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in attached Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place .conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 ~a • • WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single- family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned R-8 ,described in "Exhibit A", shall have lot sizes of at least Six Thousand Five Hundred ( 6.500 )square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein, except as may be approved by amended preliminary plat. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Plan shall show proposed location of pressurized irrigation. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks; cross drains; street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 • • shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he. intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occu~ancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all. requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby,, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and. located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a temporary perimeter fence around the entire parcel prior to any construction except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Brighton Corporation City of Meridian 12301 W Explorer 33 East Idaho Suite 200 Meridian, ID 83642 Boise Idaho 83713 BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 23. That DEVELOPER agrees that it is going to prepare and request approval of an amended plat the requirements of which shall be at the discretion of the Zoning Administrator; that the amended plat shall encompass the land currently covered in the non-development agreement; that at the time of submission, and during the process, of the amended plat, Developer shall submit a request for approval of a tot-lot and basketball court or volleyball court; that detailed specifics of those recreational facilities shall be submitted at the time of submission of the amended plat even though those recreational facilities will be located in the second phase of Bedford Place Subdivisions and this Development Agreement applies to the first Phase of Bedford Subdivision; that said amended plat will be limited to a maximum of eight additional single family lots adjacent to the Finch Lateral; that said lots will each be a minimum of 8,000 square feet; that upon approval of said amended plat and in conjunction with construction of the "non-development" portion of Bedford Place Subdivision and prior to or in conjunction with development of phase two of Bedford Place Subdivision, the Finch Lateral will be tiled; and that a license agreement with Nampa- Meridian Irrigation District will be in place prior to the expiration of the "non-development" agreement for the first phase of Bedford Place Subdivision. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • DATED the date, month and year first appearing. DEVELOPER: BRIGHTON CORPORATION By ```~T~~tttTTTTr~~~~~~ .='-' CFO ,~~~Tllllll T1l11T~~`` By CITY OF MERIDIAN B ' Grant P. Kingsford, Mayor B William G. Berg, Jr., City Cle BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 • STATE OF IDAHO ) ss. County of Ada ) On this day of J , 1995, before me, the undersigned, a Notary Public in and for said State, perso ly appeared David W. Turnbull and Michael H. Tanner known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS~~O$,mI have hereunto set my hand and affixed my official seal, the day and year in this `~~Cs'~ ~, ve written. '*~• AUBLZG~. ~~e~ s ~a~ + ®~' No Public f Idaho -; ~ •~~i•~~~~q~N~~ P~O~°~~ Residing at: . ~i11 ~~) (SEAL) •••..•,a_OF i9~~••• My Commission Expires: /~~~'13~ STATE OF IDAHO ) County of Ada ) ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons whq executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 •`\~ ENG~ryF 9 • F ~`' ~ ~' HUB6LE ENGINEERING, INC. \9 y 9550 Bethel Court ^ Boise, Idaho 83709 208!322-8992 ^ Fax 208/378-0328 Project No. 94035 EXHIBIT "A" April 1, 1994 BEDFORD PLACE SUBDIVISION Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter corner common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the Wi/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: RUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/879.des EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BRIGHTON CORPORATION This subdivision is for 78 single-family dwelling units with an overall density of 3.61 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, excluding Finch Lateral, except as may be modified by a subsequent amended preliminary plat approval. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks streets to and within the property. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of--way, including necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the CITY. 8. Provide temporary construction perimeter fencing except where such requirement has been waived in writing by the CITY. 9. Construct apedestrian/bike path and park-like corridor along the Finch Lateral Green Belt, except as may be modified by a subsequent amended preliminary plat approval. 10. Provide a 20'-wide common area landscape buffer along Ustick Road. BEDFORD PLACE SUBD. -EXHIBIT B • AFFIDAVIT REQUESTING NOTICE OF CHANGE ON THE' PLAT OF BEDFORD PLACE SUBDIVISION State of Idaho County of Ada I, Gary D. Smith, a licensed Professional Engineer by the State of Idaho and City Engineer for the City of Meridian, Idaho, do hereby request a change 6e'made to the Ptat of Bedford Mace Subd. as recorded in the Ada County Recorder°s Cyfi~ce in I'fook 70 of Plats at Pages 7162 and 7163. The purpose of this affidavit is to request the Ada County Recorder to make notation on said plat changing a street name spelling. The requested change on the plat is as follows: On Sheet No. 1, the street named N. Arrowwood Way should be N. Arrow Wood Way, as previously recorded in Fothergill Pointe Subd. No. 1 & No. 2. ~4R~~ PR~FEr_ Gary D. Smith, P.E. Idaho Professional I License No. 2245 State of Idaho County of Ada 45 0 ~q tq~9~~ c OF ~ ~ ~r ~E1,N 5~\./~ On this Z.q * day of S fl~l-er nnb2r 1995, before me, the undersigned notary public in and for said State, personally appeared Gary D. Smith, P.E., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have set my hand and seal the day and year in this certificate first above written. i' u~~~4_ AT.e~[ry Public df~ Idaho Residing at I~e,~;dio-.° ~ ~. My Commission expires d-Z9. ZLbo ,,~e°f°n °r.°r ~.•~ ~,. F R E~''%. J~o"~ F,o ~ ~ ~- °~' • Bri hton g Corpordtiott February 9, 1996 Mr. Gary Smith City Engineer Meridian City Meridian,' ID .83642 RE: Release ofNondevelopment Agreement on Bedford Place Subdivision Dear Gary:. -Per the nondevelopment agreement executed between-.Brighton Corporation and the City, of Meridian as recorded by Instrument No. 95030566, Records of Ada County, we hereby ,request a release and termination of said agreement and permission to proceed with development of the `undeveloped lots" therein. Enclosed is a written description of the improvements, together with the .cost of each improvement for a total of $151,911. The., estimated time to complete the improvements is 10-12 weeks. Please indicate to me if these costs are acceptable so that I can proceed with a surety agreement/letter of credit to the city. Or; with your permission; I would suggest that we leave the Nondevelopment Agreement in place. while we construct these improvements and release it near the end of construction.. We will bond for any items that are not completed at t$at time: This is standard procedure for developing, constructing, and bonding within a subdivision. As I indicated to you on the phone, we intendto develop these undeveloped lots now, These lots are included in the recorded plat for Bedford Place: At the same time, we are adding, services for the 71ots which have been given preliminary approval by the council. We will follow up with the final plat approval and recording process of these 71ots so they can be offered for sale after the plat has been recorded. Revised plans will be in your office within a couple days. I hope that your review time -will be short as these plans have already been through your review process once. Please advise of anything to be done on our part. REC~AIf~17 - Thank you. FEB ~ ~ 1986 Sinc e , ~ ~I:~~ C ,~ / ; C'IT'Y ~1~CIF~I=EI~ Mike Tanne~_~~ -12426 W. Explorer Drive, Suite 220' Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962 ~ ~ BEDFORD PLACE NO. 1 Non-Development Agreement Lots Lots 12-26 Block 4; Lots 1 through 19 Block 5; Lot 1 Block 9; Lot 1 Block 10 39 Lots Budget IlVIPROVEMENTS: Sewer 34,530 Domestic Water 38,803 Pressure Irrigation 8,713 Tile Finch Drain 51,140 Landscaping 8,000 Fencing 5,125 Street Lights 5,600 TOTAL IlVIPROVEMENTS $151,911 RECE/VE,~ FE B 1 ~ ~~96 a~Er~l~s~~~i CITY ENCa1JUEE~; ~NUr, vrL~tt'n~trN~r ~~cREEivIENT • Tltis AGREEMENT, made and entered into this 1~ day of/11ec6. 1995, by and between zn~ W F~:nlorcr, rtRIGIITON CORPORATION an Idaho corporation, whose address is ,~ SuiF^ X00 Boise lD 83713 hereinafter referred to as "DEVELOPER;' and the CITY O~ MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Ivlentbers, hereinafter referred to as "CITY." WITNESSETH: WHEREAS,DF,VELOPERiscurrentlytheOwnerofallAdaCounty,Idahore ordedastInstrument in No. - records of Ada County, Idaho; and, WHEREAS, DEVELOPER desires now to withhold development of street, utility and lot improvements and sale of LOTS 12 THROUGH 26, BLOCK 4; LOTS 1 THROUGH 19, BLOCK 5; LOT 1, BLOCK 9 AND LOT 1, BLOCK 10 in said Subdivision (hereafter "Undeveloped Lots"): NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, wi:~out the prior written permission of the CITY. If DEVELOPER desires to install any of the said ir.~provements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated tine and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet tla: City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and ti duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Bedford Place Subdivision, this agreement amends the Development Agreement. da of ~'~~~' 199L: When this This agreement shall terminate on the~~- Y ~,~~ ears to complete development; if agreement terminates, Developer shall have ~--- Y _~ 199 t3 ,approval of the development is not completed on the ~vfic da of "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional arepordaa~statement that approval of the plat forthe subdivis on is before the above date, City shall ~ •+ ortion of the subdivision has been null and void and that approval for the "undeveloped lots p voided. f~ ~~ m m .~ r~ III This r~grccmcnt sl~c inure to the benefit of, and be binding upon, firs, cxeculors, administrators, assignees anu successors of the respective parties. IN Wl'fNESS WHEREOF, the DEVELOPER has executed this Agreement at Ivieridian, Idaho, the ~_ day of ~~, 1915. BRIGHTON CORPORATION CITY OF MERIDIAN ,~~` ` MEp,~1''~.. D:~..~ v David W. Turnbull, President Grant P. Kingsfor , `~on~IrFo SEAL STATE OF IDAHO) ' ~~~ry ss. 'rp ~''s r tSS • ~~*O County of Ada ~''~. cOUttT't • ~ ~'~~,• .r1 , 1995, before me, the undersigned,~a't4'dtitil'~"~~~~` On this Z~~ day of ~•~ Public in and for said State, personally appeared DAVID W. TURNBULL, known to me to be the President of the said Corporation that executed this instrument and the person who executed the said instrument on behalf of said corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this cerlific~~te first above written. _„~o eg01e._ ~4~~~..~°~~e ~~,~u :.,S~~~T~l e J C ~ A `oa ~pTAR~, °o (SEAL) ~ ~ p U B LtiC w~.,,~~ eee~eoes~'e~,O,!s e;`~9T~ OF `QP~e;. STATE OF IDAHO ) County of Ada ) ss. Notary lie for Idaho Residin t: ~ My Commissio.^. Expires: 3/J .taro On this day of /1'ie~ %! .1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. a r•i . ~~~..G~"""'~~.,, Not~ry~P lie for Idaho - ~' ~' , M}~C6mmission Expires: c' ? /~~.' /~~ •, - (SEAL) - ~ X01 ARC ~ ~° ~~ ~' g503U5GG ~s~ o,, :1. •• ~ ~ , ~j `ice- i•1 '95~f1r~C~ ~~° - --~' ItE.ul.~. ~• .. III b (/ 1:7/ i ~~G 1 ! : i ! «.. ,, .: r i„. JOL Sh1UN I UN GURF'UKA 1 iUN F i-i7L 0i • • Br~t hton g Cosporation July 16, 1996 Mr. Walt Morrow City of Meridian PO Box 770 Meridian, ID 83680 Via Facsimiie: 887-4813 RE: Bedford Place - Release of Non-Developmenrt Agreement Ashford Greens Variance Dear Walt: ,,' ~ xR.. ~..o ~:..~ ~ li..~. i"rr a r .l ~,~ ~. 6 ~ in;~~ ~~ ~~ W~~~ As we discussed regarding tonight's Ciry Council Meeting: l . Will told us he is going to bring before the Council the release of the Bedford Place Subdivision Non-Development Agreement. We have delivered the bonding to Will and everytbdng should be is place, I would appreciate the formal release of the Agreement. 2. The Ashford Greens Variance Request for tiling the Safford and Eight-Mile Laterals was tabled to July 16 pending a task force to study Nampa Meridian Irrigation District's policies and the Meridian City Ordinance regarding ditch tiling. Since that task force has not been ccmvened, I suppose we should table the Variance Request again. I am sorry that I will not be at tonight's meeting but per our conversation I believe we have covered all of the items of business that ooacenn Brighton.. I thank you for your help. Sincerely, /~~~ David W, Turnbull DWT/hs 12426 W. Explorer Drive, Suite 220 • Boise, Idaho 83713 TEL 208-378-4000 • FA.X 208-377-8962 JUL 16 '96 1?~20 12083??8962 PAGE. 03 .. •,~' • RELEASE OF NON-DEVELOPMENT AGREEMENT The non-development agreement entered into by and between Brighton Corporation, whose address is 12426 W. Explorer, Suite 220, Boise, ID 83713 and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 95030566, on the 5th day of May, 1995 is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of .Bedford Place construction as required by the Ordinances of the City of Meridian, shall commence on the 22nd day of July, 1996. Brighton Corporation avid W. T bull, President ACKNOWLEDGMENT State of Idaho ) ss County of Ada) G. Berg, City = ~~ p, ~, .9 "'~y,_ tics r~~~~''~ COtl~Y ~ ~~`'~~``` '~~~n~un ~~u~"~~~'~ On this 22nd day of July, 1996, before me, the undersigned Notary Public in and for the State, personally appeared David W. Turnbull, known to me to be the President of Brighton Corporation, and acknowledged to me that he executed the above instrument for and on behalf of said Corporation, and acknowledged to me that said Corporation executed the same. ay and year ur this certificate first above written. Nota Pub ' for the Sate of Idaho Resi ise, Idaho My Commission Expires G ~~~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the d -_=_ ~a•"""''••• 9 6 0 7 `~ 1 7 2 ~'°'ql~ ~. Rips •,~ , OTdd,A~ ~n•~ ~,;~~GRCr , ®~ 'K~ s ~ .:.,. t~~v ~. LRr[v ::n~h~~ AVBL~G #~Q1Sc E% v •• huu"q• • . 31 • of ~ •••••96 SEP `t P~1 ' FEE ~"" _ ~. 0~ RECC%iicG =.T ~ r,t::UEST Attested: City of Meridian o ert D. Corrie, Mayor r • ACKNOWLEDGMENT State of Idaho ) - ) ss County of Ada) ~ 5r~°"^6er On this w ro( day ofd, 1996, before me, the undersigned, a Notary public in and for said State, personally appeared: Robert D. Corrie and William G. Berg, known or identified to me to be the Mayor and City Clerk of the City of Meridian, and the persons who executed this instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. a Public for the State of Idaho gin Y1~Pr;;d;Q.L ,Idaho -~ Commission Expires: ,~~.•~~C, E L . ~Q•.. ~ y a - ,o :~c. VB`~G ~; :;~~,~~A~` 0~ ,oA~o,; ~t , B ri h to n ,~ w~ g Corporation S - 3 ~9~ OF MERIIDIAN September 3, 1996 Mayor Come and City Council City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Bedford Place Subdivision No. l :- Non-Development Agreement Dear Mayor and Council Members: I am submitting this letter in response to a fax received from Mr. Crookston on August 30, 1996 regarding the release of the Non-Development Agreement for Bedford Place: Subdivision No. 1. It is clear that Brighton Corporation complied with the specifics of the non-development agreement to wit: On March 5, 1996 Brighton Corporation came before the City Council; upon the recommendation of Will Berg and the concurrence of Gary Smith stating its desire to leave the non-development agreement in place while constructing the bulk of the improvements; then at such time as the bulk of the improvements are in place and the project is ready for building permits, to bond for any remaining improvements and release the non-development agreement.: Brighton Corporation submitted a cost breakdown for the improvements to Gary Smith and schedule was determined at a pre-construction, conference at Meridian. City... On July 16, 1996, the City Council voted to release the non-development agreement. The bulk of the improvements were completed and any uncompleted items were bonded for as approved by Will Berg and Gary Smith.. I did not attend the City Council meeting because I was told that it was a formality and my attendance would not be needed. Apparently, according to Mr: Crookston's memo, the motion was subject to the -City Attorney's approval. On July 23, 1996 after the special City Council Meeting dealing with the deed for the-golf course, I asked Will Berg if the non-development agreement ,had been released.. He said that the Mayor had signed it and he would get it down to the County Recorder the next day.. He told me thatwe could bring in our plans for building permits. 1Vlike Tanner followed up ,with a telephone call to Will 'Berg a day or so later and was told that the, release of the non-development agreement was with a runner at the County.. Recorder's office at that very moment and that we were clear to submit. plans - for building permits Soon thereafter, several plans were submitted for permit but were turned down. When we inquired why, we were not told. Finally on August 7, 1996; we received a copy of an,internal memo dated ..July 26, 1996 from Mr. Crookston to Gary Smith, detailing a laundry list of requirements for releasing the non-development agreement -all of which had already been complied with oc were not applicable: 12426 W: Explorer Drive, Suite 220 ~ Boise, Idaho 83713 • TEL 208-378-4000 FAX 208-377-8962 , - • • Thereafter, Mike Tanner attempted for two solid weeks to get a response fiom 1VIr. Crookston without success. He was told that he would have an answer the "next morning" or "I'll get back to .you this afternoon;; 45 days after the fact, we finally received a 14 page fax from Mr. Crookston which to me is unfathomable. However; I will answer the issues; raised-one, by one. I have labeled Mr. Crookston's memo with corresponding numbers. 1. It seems that Mr. Crookston's biggest hang-up is -the specifics, of the tot-lot and basketball . court which are to be located in second phase (actually third phase per the Ada County Engineer's 'requirements). We assert -that those specifics were submitted at the time of the amended preliminary plat hearing as they were required to be by-the development agreement. If they were not specific enough at that time, we should have been so informed and action on the amended preliminary plat should have been'tabled until such time as they were. But specific exhibits showing the locations and dimensions of the basketball court and tot-loft were submitted. A picture of the. playground equipment was submitted,- This was: all followed up by verbal testimony and the amended preliminary plat was approved. I believe that constitutes approval of the City Council and is not subject to further questioning by the City Attorney. , 2. A license agreement has .been executed by Nampa Meridian Irrigation District and Brighton Corporation for the tiling of the Firich Lateral..,A copy of the license agreement was delivered by Mike Tanner to Gary Smith's office. The work is complete. The License agreement does allow for the construction of homes-but that issue is not applicable to this plat but to Bedford Place Subdivision No. 2 and 3: We are dealing with Bedford Place Subdivision, No. 1 here. However, I will explain the details here so that it does not become an issue at the time of platting Phases 2 & 3. ,First, NMID insists on retaining an 80' wide easement even though they only use a small portion of it. Still this is not a problem for the majority of the Phases 2 and 3 because the bulk ' of the easement is located in the right-of--way or non=buildable areas such as the front yard .setbacks. It is identical to the situation with the Onweiller Lateral in Phase 1 where all the lots are sold and the homes are built.' Where the easement does cross between ots, NIVIID allows an encroachment area, basically narrowing the easement it proposes to actually access from 80 feet to 25 feet: Per the agreement, the remainder of the easement. is available. for building. . 3. .The ,plat for eight lots is not recorded nor is it required to be recorded by any action of the City Council or by any development or non-development agreement. The eight lots referenced here are in Phase 2 (7 lots) and Phase 3 (l lot). This is simply irrelevant. Remember, we are still talking about Phase 1 here. To say that we cannot build homes in Phase 1 until we have recorded plats; for Phase 2 and 3. is ridiculous.. 4. The remainder of Mr. Crookston's August 30, 1996 memo is a list of previous hearings; actions, etc. which are largely irrelevant.but which I will address one.by one. a) This is not applicable since it deals with the original preliminary plat and we now have an amended prelirr-inary plat which replaces the park-like corridor, green belt, and ,pathway witha tot lot.and basketball court. We even. offered to bond' for those improvements if it would satisfy Mr: 'Crookston but he did not respond. Even so; • bonding should not be required for a preliminary plat which is no longer in effect or an amenity which is part of a future phase of the current amendedpreliminary plat.. b) Not applicable: c) Not applicable, Same comment as 4(a) above. d) .Not applicable, Same comment as 4(a) above. e) Not applicable. f) Not applicable: ,Same comment as 4(a) above: g) Correct and applicable, but not a reason for not releasing the; non-development agreement.- h) Same as 4(g) above. i) Same as 4(g) above: J) Same as 4(g) above.. k) This is not applicable to -Phase 1 of Bedford Place. This focus on an amenity required for a subsequent phase of the subdivision when we are still in Phase 1 is incomprehensible.. The statement attributed to Shari Stiles'that there is some sort of sign restricting use is not true. We haven't built the facility yet.; i don't know where this is coming from. Still; that is an'issue for a subsequent phase of the development, not Phase 1: 1) ,,Not applicable. This is a requirement of a future phase, not Phase 1.. m) Not applicable. Same comment as 4(1) above. n) The terms of the non-development agreement were complied through.Gary-Smith's .office and as evidenced by the action of the City Council. Bonding for any uncompleted,items is in place as required by Gary Smith and' Will Berg. This condition has been met,, o) Not applicable: Same comment as 4(1) above. p) .Correct: "What. was a simple action taken by the City Council has become a 7 week mind numbing and fi-ustrating process resulting in great expense to the-City, Brighton Corporation and its customers without producing. a single benefit to the City or the general ;public. I ask that the Ci Attorne be taken out of the equation,.. that the release of the non-development ty y agreement be approved without any further qualification or condition, and hat we be allowed to submit plans for building permits beginning September 4, 1996. and that those plans. be processed as though. they were submitted July 24, 1996 so that we are not subjected. to any further delays. in receiving permits. It is not just Brighton Corporation who is being harmed -there are many home 'buyers and builders. who are waiting to get started on their homes. -Thank you for your consideration. '..Sincerely, l David Turnbul DWT/hs AMBROSE,FIi'2GERALD?.C 208-886-3969 OB-30-96 ia~so P.oi AMBROSE, FI7'ZCERALD & CROOKSTON A7TORNEY3 AND COUNSELORS AT L.AW 1~1AnYnik 1211 Nb]!y FACSIMILE COVER PAGE DATE: TO. COMPANY/FIRM: FAX NO.: uH w +N+~.'~. ra ,.,,.n A+.~Ie~ [a.b ua. THIS FAX INCLUDES / PAG ~. ES (INCLUDING THE COVER PAGE), If you do not receive all of the pages, please call our office at {208) 888-x461. SENT B ~ N~, This transmission is intended only for the use of the individual or entit)r to which it is addressed and contains informeffon that is privlle0ed and confidential. No person other than the addressee or his or her agent is authorised to read, copy or distribute the papers, or to disseminate any information contained therein, If you have received this transmission in error, please notify us Immediately by a collect telephone call, and mail the facsimile to us at the above address. AMBROSE~FITZGERALD&C Z08-888-3969 08-30-96 1y~SU Mike Tanner Facsimile No.377 -8962 These are my notes on the requirements for Bedford Place Subdivision. I did not find anything that exactly stated the basketball court was to be full Court, but that it was to be a half-court. There are other requirements contained in these notes that will have to be met prior to my approval of the release of the Non-Development Agreement. Of particular note is the requirement ns stated directly below, which requires that detailed specifics of the recreational facilities shall be submitted at the time of submission of the ameudad plat even though recreational facilities will be located in the second phase of Bedford Place Subdivisions and this Develoy~ment Agreement applies to the first Phase of Bedford Subdivision. You have not submitted any specifics on the basketball court or the tot-lot. 0 Development Agreement as follows: " Thnt the amended plat shall encompass the land currently covered in the non-development agreements that at the time of submission, and during the process, of the amended plat, Developer shall submit a request for approval of a tot- lot and basketball court or volleyball court; that detailed specifics of those recreational facilities shall be submitted at the time of submission of the amended plat even though rsoreational facilities will be boated in the second phase of Redford Place Subdivisions and this Development Agreement applies to the first Phase of Bedford Subdivision; that a License Agreement with Nampa & Meridian Irrigation District will be in place prior to the expiration of the "non- developmeat" agreement for the first phase of Bedford Plaae Subdivision." ~1 Does the License Agreement with Nampa & Me~cidian Irrigation U District state that Finch Lateral Basement can be used for construction of homes ? Is plat for eight Iota recorded? 4(oa April 12, 1994 P S Z annex hearing. Mike Tanner states that will be putting in park-like coxridor, green belt, and pathway. 4(b~ Mny 10, 1994 Brighton FF & CL considered by P & Z 4(C) May 31, 1994 P & z held preliminary plat hearing. Nothing on tot lot or basketball court. P.U2 AMBR05E~FITZGERALD&C 208-988-3969 09-30-96 1J~51 P.03 ~- (d) June 7, 1994 4 (e) July s, 1994 4~f) uqust 2, 1994 ~t-~9~ uguet 16, 1994 ~. Ch) ugurt 16, 1994 I~ tober 18, 1994 4.(, I~ pril 4, 1993 Annexation hearing by Council..Nvthing stated by Brighton on tot lot or basketball court {probably because ie it waa prior to the Finch Drain being tiled and agreement between Brighton and Fothergill people). Initial annexation F & CL approved by City Council with R-4 zoning preliminary plat tabled by City Council until property annexed and initial FF & CL approved. No mention of tot lot or basketball court. Amended FF & CL on annexation approved with R- 8 coning by City Council. Preliminary plat approved by City Council. Final plat was approved by City Council. Non-Devslop~aent Agreement was approved by Council. ~1-~K.) y 25, 1995 Agreement between Brighton Corporation and people from Fothergill Subdivision states: "8righton Corporation develop the equivalent of a minimum of two subdivision lots as common area (tot lot and basketball or volleyball court) for the children and residents o! both Fothergill and Bedford Place Subdivisions." Shari Stiles has indicated that there is a sign that states that they for the use of Bedford Place residents only. This must be changed and reflect what is stated in the Agreement. ~L~ ovsmber 14, 1995 P 6 z public hearing for preliminary plat. (This is the amended plat regarding the eight lots.) Wardle presented a copy of the Brighton Fothergill Memorandum of Understanding. Wardle mentioned that 8righton could come back with eight residential lots where the Finch Lateral was tiled for an preliminary plat. 8e stated that 8righton would file the lateral and there was going to be eleven lots. He stated as follows: "One of the 11 lots is designated for the tot lot area that would have some playground equipment and basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas." AMBR05E~FITZGERALO&C 208-898-3969 08-30-96 1 ~l ~ 5.'. P . 04 Charlie Rountree asked what a tot lot was. Mr. Wardle stated that, ". it appeals to younger children but it will have playground equipment and there would also be a basketball court facility.' Mr. Rountree asked, "Is that a full Court, half court, 1/4 court?" Mr. Wardle stated, "Half court." There was then discussion about whether the court was to be a full court and whether the court was to be separate from the tot lot. Attached hereto is a copy o! those minutes. Dave Turnbull stated, "This is a typical tot lot neighborhood situation where you have a half court basketball situation. Like z raid, T would prefer to provided socae more green areas as well, but that Like I said that is what we had envisioned and what we propose. T suppose you could talk to welt, or Councilman Morrow, and Mayor Kingsford as the two representatives of the City were in the meeting with the neighbors. Hut that ie whet we had envisioned." Crn December 19, 1995 At the City Council Brighton Corporation made some statements with regard to the tot lot. A copy of those minutes is attached. Mr. Wardle stated that in the Agreement with the 8othergill people that, ". a tot lot would be acceptable to 'not only the property owners fn Bedford Place but also without restriction to adjacent properties as well in the Fothergill Subdivision. showing a tot Iot area that would have some type of playground equipment in it. A half court basketball facility. ." I stated, after Mr. Wardle's presentation, as follows: "As I recall, it was to be a separate tot lot and a separate basketball court, meaning a basket on each end. But what I do recall is that they were to be separate lots." Mr. Wardle then stated as follows: ". that Brighton Corporation develop the equivalent of a minimum of two Subdivisions as common area, tot lot and basketball court or volleyball court for children and residents of both subdivisions." There then were comments mode by Mr. Turnbull which in essence were that AMBR05E,FIT2GERALD€.C 208-888-3969 09-30-96 . • 4. Cn~ March 4 Co) May 1~3 ~ 52 P . 05 manufactured tot lot equipment was going to be provided and that a full basketball count was neither feasible or desireable because of the sun problems. The City Council then approved the preliminary plat subject to staff conditions, ACRD, and Nampa & Meridian conditions. 5, 1996 City Council stated that Non-Development Agreement shall be left in place and at time improvements are completed they can request release. Necessary improvements were stated as being $ 151,911.00. Are the improvements completed except for what they are bonding for? Also, ~.t was ~rtiated that if the Developer desires to install any improvements, Developer shall submit written request which shall contain a detailed descriptions of the limited improvements which are desired and estimated time and cost to COAlplete such improvements . City also reserved the right to require irrevocable letter of credit. Bedford Place No. 2 Final Plat was approved subject to staff conditions, notification to the Applicant by the staff as what the compaction specifications will be (tor the tiled dxain area), ACHD and NMID specifications. Charlie Rountree questioned whether the 10 foot utility easement would affect the amount of building apace. Gary Smith stated that it would not affect the net lot area. His request was to add the ten foot to the existing, or requested, 20 foot easement froaa NMID. The question was whether the NHID easement was exclusive or if other utilities could be located in the easement. 7, 1996 4 Ch duly 16, 1996 Council approved the release of Development Agreement, subject Attorney approval. the Non- to City AMBROSE.6ITZCERALL~Q.L' 208-886-3969 U9-30-96 1a~53 t" Meridian P1an~ing & Zoning Commission November 14, 1995 Page 29 construct the Finch Lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you all have then just in brief re-statement of the fact that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would file the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary 1C plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball oourt and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, all of which exceed 5,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply coma to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to file the lateral to put lots in and to also maintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to allow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch I believe that is correct yes. If it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: l would like to ask a question? What is the status of the ditch along the west boundary? P.06 Wardle: I believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as is. AMBROSE.FITZGEEiALDyC 208-898-3969 08-30-96 la~SJ P.O7 ~. Meridian Planning & Zoning Commission November ~ 4, 1995 Page 31 there without building righ! on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Nepper, may I see, illustrate what you are talking about on the original. Nepper: On the original, the width is 80 feet right there but the ditch is almost dead center. Wardle: Mr. Nepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Nepper: But on the bottom plat where will it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property line. Johnson: Any other questions? ~ Rountree: What is a tot lot? ~ Wardle: Well we assume it appeals to the younger generation. equipment and there would also be a basketball court facility. Rountree: t a a u , ha course, 114 court. ~ Wardle: Half court. Rountree: Would the lot be fenced? Wardle: The tot lot area? Rountree: Yes But ii will have playground Wardle: i don't know that we actually have a detailed layout of that facility as of yet whether it would be fenced or not l don't know. Rou~tree: Ard the care and maintenance of that facility would be the responsibility of the -- --.... ._ ,r~ - - ------ - AMBROSE~FITZGERALD~.C 209-888-3969 Meridiar. Planning & Zoning Commission November 14, 1995 Page 32 homeowner. That is correct. 08-30-96 13 55 P.08 ~~CrooksJ t n: It was my understanding that was supposed to be an entire basketball court. ~, I thought (inaudible} Wardle: Perhaps Mr. Turnbull would be more willing to come and address that particular subject. You can. see form the list of attendees I was not there when the issue was discussed. "~~ ~-- ~"'"`~- David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, it includes a tot lot with, in fact I believe we submitted a ptiotograph of the type of playground equipment we intend to buy that is the same as provided in the Mill Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, I don't remember the exact locatio central Idaho. Fairly substantial with the timbers and so forth. The basketball court is_a._ alf co_ _, we en arged it larger t an you wo most - ~liese tot~~lot type situations, provide for a full 3 point cirGe and some perimeter shooting. It is not a full court basketball court, I don't.think we want to as alt the whole area but we did want to provide that recreational opportunity. Pertaining to fencing, we ave si uated this in the mI a stretch o Comm area ass area that soma 300 feet long, it would be appropriate to have fencing in the rear of the property. I don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Turnbull: Where did you receive that understanding? Crookston: pave l would have to go back end look at the record, but that is what i call excuse me that is what I recall was stated when we were discussing this I don't know back in (inaudible). Turnbull: Well, that was, I don't even knewrf that is desirable. This is a typical tot lot neighborhood situation that you find in many neighborhoods where you have a half court basketball court situation. Like 1 said I would prefer to provide some more green areas as well but that. Like I said that is what we had envisioned and what we proposed. I suppose ' AMBR05E,FITZCERALD~.C 208-888-3969 09-3V-96 1.155 ''~ Meridian Planning 8~ Zoning Commission November 14, 1995 Page 33 you could talk to Walt or Councilman Morrow and Mayor Kingsford as the two representative of the City were in the meeting with the neighbors. But that is what we had envisioned. P.09 Crookston: I don't recall that the basketball court was supposed to bepart of the tot lot_at __. all. Qs I recall they were two separate ideas. A basketball court and a,.tot lot, . _ Turnbull: That is true in a common area. They were going to exist side by side. Crookston: t don't recall that, that could be the way it is, but t recall them being two basically separate facilities and a full basketball court. I will have to go back and look at my notes and what record I do have. Johnson: Okay, moving on, any other questions here? Thanks David, this is a public hearing, is there anyone else that would like to address the Commission on this issue? Shearer: Jim, I would have a question of Shari on this bike path. Johnson: Lets see if someone else wants to address the Commission first. Amy Duenas, Fothergill Pointe, was sworn by the City Attorney. Dumas: I live in Fothergill Pointe which is currently my property line is about five to 10 feet from where they have originally decided to relocate this Finch t.ateral. I spoke on behalf earlier the last time we met on behalf of my neighborhood of our concerns of having an open lateral with so many small children around. Our neighborhood a lot of the surrounding neighbofioods primarily are for first time home buyers which means most of them are going to have small young children. Especially right in this area that we live in almost every house has at least one child. We went around to all the neighbors within blocks of there and talked to all of them about what was going on. That there was going to be this open ditch and our response to them or when we talked to them we asked far a response from them. What they would like to see done with the ditch and everyone wanted it to be tiled for the safety of their children. So that is our concern that it is tiled so that the children will be safe, that is our first and foremost important thing. With this water from what we have understood it would be pretty swift moving water if it was left open. Which causes a real hazard and I think we need to keep in mind the safety of our kids. So, that is all I have to say, thanks. Johnson: Thank you, is there anyone else that would like to come forward? Michelle Noil, 646 E. Hawk, was sworn by the City Attorney. , AMBR05E•FITZGERALD~.C 209-888-3969 08-30-96 • Meridian City Council December 19, 1995 Page 22 1356 P. 10 Mike Wardle, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Approximately a year and a half ago the Council approved a preliminary plat for Bedford Place Subdivision which essentially a 40 acre parcel just south of Ustick Road lying north of the Fothergill Pointe subdivision that had previously been approved, Subsequently one half of this subdivisions .has been final platted and construction has been underway for some time both on the improvements as well as the homes there in. One of the early points of the proposal was a greenbelt system along the re-aligned south slough at the south end of the property. In the original proposal the south slough shown in this shaded area to the north was going to be re-aligned along the common boundary with Fothergill Subdivision. In fact plans were approved by both the City and Nampa Meridian Irrigation District for that relocation. One of the problems that occurred however was that when the construction commenced and the depth of that particular facility became evident to homeowners in the Fothergill Subdivision they approached the City and concerns expressed led to a meeting on the 9th of May, 1995 in the offices of the City with members of the City being present, the Mayor Grant Kingsford, Councilman Walt Morrow, City Engineer Gary Smith, repres®ntatives of the developer and Hubble Engineering and the developers of the adjacent Fothergill Subdivision and some neighbors who had expressed the concern. There was one other factor that had come to the fore during the approval process for the re-alignment of the South Slough or Finch lateral and that a specific statement and I believe and l am aware that your Council packet has all the items that have been presented to the Planning Commission a month ago. But one very specific statement from the license agreement agreed to between the developer the Brighton Corporation and Nampa Meridian Irrigation District states as follows, and this is coming from license agreement page 11, item N, the construction plans identified in paragraph A of this exhibit state that the licensee intends to construct a bike path within the district's easment (inaudible). The District does not by entering this agreement of license approve authorize or acquiesce consstruuction of said bike path or any bike path within the District's easement of the Finch lateral. Those two items taken together, the concern of the adjacent property owners and the specific statement or reference by Nampa Meridian that they are not approving a hike path in the area lead to the diswssion and a memorandum of understanding and agreement between the parties and those parties be specifically private parties the City gave the good offices for the discussion but did not specifically sign the agreement between Brighton or the adjacent property owners or developer. gut in that agreement the consensus was that Brighton could in fact amend its plat, to file the South Stough and gain approval for some additional lots along that area to off set the cost of constriction for that that had been previously approved. And yet with the maintaining of some common area facilities in the form of a tot lot that would be acce able to not onl tbe_arnaertv owners in Bedford Place but also without res n ion to adjacent properties as has not been presented to the w AMBR05E,Fli'ZCERALD~.C 209-888-3969 OH-3U-96 13 57 P. ii Meridian City Council December 19, 1995 Page 23 City for the approval but the idea. I will take this off and pass it to the Council for the record as showing a tot lot area that would have some type of playground eq_u_ip_ment in it. half course basket ba acl qty an en some area on the sides of that o a tivity fu c ions that might be possible, it is still fairly small but nevertheless is a usable area. So, what we are talking about than instead of the open lateral it will be piped along the frontage of the street, there will be eight additional lots platted for construction and th n the rnaintena of a r9nmmnn nrn.~ f~~ ~..~ 1~~ ~_~t ---__-- '- _ . . .. a ropria 1 will represent this to the Clerk for the record. Mr. President, members of the Council, t don't think there is any point in going further, I think it is a pretty straight forward situation. There is only one comment that wee would make in as much as it seems that those adjacent to ii and the developer did come to an agreement that the Nampa Meridian In-igation District comments in the packet that we received for this particular meeting had an interesting statement. And I just want to clarify what transpired. The bottom of their comment sheet in your packet, they have a bold note that says the 't5 foot access to Nampa Meridian Irrigation District's lateral may not be acceptable. The interesting think is that they appear to be talking about the Onweiler which goes through the middle of the project and has already been approved in both easement and access. If their comment pertains to the South Sbugh, what is being proposed is precisely the same arrangement. In fact it is not just a 15 foot easment unencumbered easement for their access it is actually 25 feet. The plat shows that clearly. If there is any mis conception on that part it would be clamed in a license agreement wit them far the tiling of this lateral. If there are any questions specific to that we would try to respond to those. Morrow: Mr. Wardle, f have a question with respect to the minutes when this went through P 8 z, a point that Mr. Crookston raised. In terms of whether the basket ball facility was supposed to be a half course or a full court. He indicates that he will have to go look at his notes and records to see. Have you researched any, after your presentation before P 8 Z and this came to be an issues. 'that issues come up only from Mr. Crookston. We have not found any record of this (inaudible} he was not involved according to the minutes of the meeting that were held on the 9th of May. I am not aware of any subsequent discussions that talked about specifics of those improvements. No, Mr. Turnbull is here I sure if there is other information, but there is no record that I can find from that discussion. It lead to a commitment for a full court basketball facilitate. Crookston: Excuse me, I did intend to Took at the record to find out what was done. 1 have not had the time to do that and I apologize for that. ff the Council desires me to do that still I certainly will do it. I thiNc 1 would like to satisfy my own mind as to whether or not that was done or not. As I recall it, just in conversations I don't know if it was stated at a public hearing or not. As I recall it, it was to be a separate tot lot and a separate basketball court.} 1 cannot recall specifically whether or not it was a full sized basketball court, meaning a , \ basket on each end. I just don't recall that specifically. But what I do recall is that they AMBR05E.FlTZGERALD&C 208-898-3969 Meridian City Council December 19, 1995 Page 24 08-30-96 13~5d P. 12 X were to be separate lots. But i Head to check the record on that. It may not have been, that is just how I recall it. Wardle: Mr. President, the one item that is noted in the minutes of that meeting, it says that X the Brighton Corporation, this is item #3 in the the equivalent of a minimum of two subdivisio spasa~ommonlarea~to~lotoand basketbalpl court or volleyball court for children and residents of both subdivisions. Now, the area in question is substantially more than what would be two lots in that particular Zone. Mr. President that is the end of my presentation if there are questions. 7olsma: There was one question that I had on the main street through this subdivision I believe there was supposed to be and your rnap doesn't show it (inaudible) green area all the way through this (inaudible) Fothergill Subdivision. (inaudible) in the entrance but it was supposed to be a green area ail the way through this subdivision as more or a corridor street. Wardle: Yes, Mr. President, in fact there is a common area strip on the east side of that street. There is no common area when you pet into Pother i!! Subdivision, back to existing lots. That street actually is under ACRD s andards now, 56 toot collector no access by any lots. Those have that buf#er strip. I would believe that it shows that strip along there. Toisma: It just wasn't colored on your map. Wardle: That was an earlier version. Morrow. Mr. President, t would like to have Gams comments and then Shari's comments Coyne: While they are doing that, Mr, Wardle I had a David Turnbull to you it is part of the record here, evidentiun~ ~ the faxed message from lGngsford and Counalrnan Morrow that NMID (inaudible) along the le eras (nautdible) to satisfy the Fothergill neighbors to construct a tot lot and a basketball court as a neighborhood amenity. l guess was the tot lot and the court toget ~ Wardle: No, Mr. Prosident and Mr. Corrie, in fact if you look at that little schematic again it shows both facilities, we just haven't detailed it particularly but it does show both. The pia round for the children and a bask cili It is a half '~--' Tolsma: Any other questions of Mr. Wardle. Morrow. I would like to hear the Staff Comments and Mr. Wardle's response to those AMBR05E•FIr7GERALD?.C '?08-888-3969 08-30-96 1a~59 P. 13 ~ ~ i x Meridian City Council December 19, 1995 Page 25 comments please. Smithy Mr. President, Council members and Councilman Morrow, the staff comments from public works department are pretty straight forvrard. I think the only thing that we asked for additionally than what had been supplied was a map indicating the location of the soil test pits. But that is a minor item. Sanitary sewer and water will be provided off the existing lines that are presently serving the number one subdivision. That is all my comments. Morrow In your testimony to P & Z you talked about the and 1 am quoting now, "we 'ust need to be sure that this is a workable easement for all parties concerned this hasn't bean transmitted to you from my department and I just wanted to have that of record," it is in response to questions about the easement for Nampa Meridian. Has that been resolved to your satifaction? Smith: l think Mr. Wardle resolved it at the hearing that night Councilman Marrow. It is a similar situation to what exists with Onweiller lateral which was in phase #1 subdivision. So the irrigation district easment is basically overlapped by the public right of way. I don't believe that is a concern now. (End of Tape) Stiles: (Inaudible) final plat stage we would get a copy of the license agreement and these other changes wvufd need to be made. The rest I believe is self explanatory. Tolsma: Any other questicns of staff? This is a public hearing is there anybody else that wants to offer testimony on this? David Turnbull, 12301 West Explorer Drive, Boise, was sworn by the City Attorney. Tumbull: In as much as Walt and 1 were the only ones at the meeting on May 9th that was referenced by Mr. Wardle I thought I would just address any issues that might have been brought up there particularly with regard to the tot lot and the basketball court. I believe one of the Fothergill neighbors is also here to testify. Basically what we had envisioned and this is consistent with what you find in most neighborhood ark maw nines is a h t~ basket court wi i re erence In a tanning and Zoning COmmlBSion that wa Ian on in m rti~iiufactured tot lot ui ment is the same one that did the Mill Cr Subdivision on verland oa , at g ryas Peterson did. It is a fairly substantial Deice of equipment l think it is manufactured ~ of ~~ central Idaho and that is what we intend to provide there. So it will be very durable and long lasting. As for the b sketbalf court, my point is that woe era rrvin„ +~ .,..,..:.~.. __-- -- -- .. • AMBttUSE.FITZGERALDK.C Meridian City Council December 1 S, 1996 Page 26 north youth to (ceep the ~r the aRemoon, evening sun out 15 00 P. la Tt~e onl~way -west and no _.~o ~^ -~-~ ~ ~~ vt oT m_ e~r~en spice I might note chat entire area ether you consider it a separate lot t suppose it could b~e platted as separate tot lot and basketball ~rt lot but I don't know that does any good.lt is probably better off being platted as one common area lot. In any case that entire common ar®a lot there is roughly the length of a football field, 300 feet long, 100 yards long. Anyway, if the Council has any other questions I would be glad to address them. Morrow. The lots will be maintained and owned by the homeowners association will they not anyway? Turnbull: The common area lot, yes. Morrow: So it does not matter if it is one .lot or two lots. Turnbull: Correct. Morrow. Thank you Turnbull: As you can see we have provided a separation between (End of Tape) Tolsma: Council members? Morrow. Mr. President, I would move that we approve the preliminary plat subject to staff conditions, ACRD conditions and Nampa Meridian conditions. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the preliminary plat for Bedford Place Subdivision subject to staff conditions, ACRD conditions and Nampa Meridian Irrigation District conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORS COMPANY: Tolsma: Is mere a representative here? 208-889-3969 08-30-96 9ecky 8owcuh, Briggs Engineering, 1111 South Orchard, Boise, was swflm by the City MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER; ~ [ REQUEST; RELEASE OF NON-DEVELOPMENT AGREEMENT FOR BEDFORD PLACE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS i~ ~ ~ i~~ B~,~ ~ ~V"'E~ J~~o~ ~~~r~~~~~~ . ~ a~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA R I S Y W CITY OF MERIDIAN ROB RT D. CORR E eer GARY D. SM TH P.E City Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: October 13, 1994 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; BEDFORD PLACE SUBDIVISION (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat generally conforms to the previously approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 3. Item #12 of the"Conclusions" in the Amended Findings of Fact and Conclusions of Law states; "that the total density for this subdivision is 3.87 units per acre", however the application included with this submittal indicates that this plat will have a density of 4.12 units per acre. 4. Please revise the general notes as follows: (9.) .. , highest established seasonal .. . (11.) Direct access to N. Arrowwood Way is prohibited. (12.) All dwellings shall contain a minimum of 1400 square feet of living space. 5. The street frontage of Lot 6 Block 3, Lot 10 Block 4, and Lot 9 Block 5 need to be increased to provide a minimum of 65 feet, per R-8 Zoning requirements. 6. 'The Right-of--Way width dimensions shown for N. Arrowwood Way need to be revised to read 56 feet instead of 57 feet. 7. The sum of the segmented parts of the north line of the NW1/4 of section 6 don't match the distance shown in the Basis of Bearing. 8. Please label the " 114" shown on the north line of Section 6 as the "N. 1 /4 Corner of Section 6" . 9. A 10 foot wide easement needs to be shown along the south boundary of Lot 8 Block 2 for the proposed storm drainage overflow piping. • • 10. Please provide the City with a letter from the Nampa & Meridian Irrigation District approving the proposed storm drainage overflow piping as well as their approval of the plans for piping and/or relocation of the Finch Lateral and Onweiler Lateral. The plat map needs to reflect easements and/or right-of--ways for these two laterals. Note number 6 states that Lot 26 Block 4 will be owned and maintained by the homeowners association. This Lot will have the relocated Finch Lateral crossing over it. 11. Please provide the City with a letter from the Ada County Highway District accepting the maintenance responsibility for the storm drainage overflow piping. 12. The bearing of the south boundary of this subdivision doesn't comply with that of the existing north boundary of the adjacent plat of record Fothergill Pointe Subdivision Number 1. Why? 13. Please change the bearing call, in the eighth line up from the bottom, in the legal description of the Certificate of Owners from SOUTH 00°25'34" EAST to SOUTH 00°25'34" WEST to match the face of the plat. 14. Revise the domestic water service origin note in the Certificate of Owners to read; All Lots within this plat will be eligible to receive water service from the City of Meridian's Municipal Water System, and the City has agreed in writing to serve all the Lots in this subdivision. MERIDIAN C1TY COUNCIL MEETING: October 18 1994 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 10 REQUEST: FINAL PLAT FOR BEDFORD PLACE SUBDNISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ SEE ATTACHED COMMENTS (~ 5 c~ ,~ ~ ~~ c d~~ ,^ Q L ~~-~ ~v ~ ~f,~/`' ~.~~ -ti. ,~ ~ . r~ V ~ ~ ~~ f MERIDIAN CITY COUNCIL MEETING: JULY 18.1995 APPLICANT ITEM NUMBER; 15 REQUEST; CC~R'S FOR BEDFORD PLACE SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS Y ~'~~ a~~ ~1 Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council May 16, 1995 Page 77 when you talked about Lewiston applying for a remote non-contiguous site and that would be very difficult for Lewiston to do because they are 275 miles away. Doesn't that same thing apply if Lewiston is the Foreign Trade Zone and Meridian applies to be a remote non- contiguous zone? Kingsford: No, because we have a customs office in Boise. Morrow: Mr. Mayor I would move that we authorize the Mayor to conduct the negotiations with respect to the Foreign Trade Zone on our behalf. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to conduct the issues of the Foreign Trade Zone on behalf of the Council, all all those in favor? Crookston: If it is required does that include the Clerk's signature? Tolsma: Withdraw the second Morrow: I withdraw the motion and I wish the motion to read that the City Council of Meridian authorizes the Mayor to negotiate the Foreign Trade Zone items on its behalf and that should contracts be signed that they be signed by the Mayor and attested to by the City Clerk. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to enter into negotiations on the Foreign Trade Zone on behalf of the Council and to have him sign contracts and authorize the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea Adams: Thank you gentlemen, that entire everyone has completed that sign off we are waiting for you so we will present that original document to you so I will call you. ITEM #21: BEDFORD PLACE DEVELOPMENT AGREEMENT: Kingsford: Wayne did you get the return of that from Mr. Smith this afternoon? Crookston: I did not, I talked to their office, I tried to get a hold of Gene Smith and he was not in the office at that time. The secretary thought he might have been with Mr. Turnbull, t. , .. • Meridian City Council May 16, 1995 Page 78 I did talk to another Smith, Brian Smith and he said that he would try and communicate to Gene as best he could. He asked me how long I would be in the office and I said I would be there until 6:00 and I left the office about 6:15 and I did not hear anything back. As I indicated I did not fax my material to Gene Smith until approximately 2:00 today. Turnbull: Gene and I were in a meeting at the Building Contractor's Association from 4:00 to 6:00. When I left Gene gave me a call we live approximately in the same neighborhood he had the fax copy that Mr. Crookston faxed to the Hubble office he had that delivered to Gene's home, and Gene called to tell me it was there. Hubble Engineering had also made the corrections that Wayne requested in the development agreement and I brought the copy with me here. It has been corrected as Wayne has requested. Kingsford: I would entertain a motion to authorize the Mayor to sign that development agreement conditioned upon Counsel's review and make sure it does meet those comments. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to authorize the Mayor to sign the development agreement for Bedford Place Subdivision subject to the Counselor's quick review of that and make sure it complies with his findings, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, point of order, I think the City Clerk has to attest to that signature. ITEM #22: DEPARTMENT REPORTS: Smith: Mr. Mayor and Council members on May 10th we had a bid opening for pump and control equipment at Well No. 12 as part of our rehab project on that well. We had 2 bidders, Caron Pump Water Systems Inc. and Riverside Inc. and I have handed out to you a copy of the bid summary. Also attached, let me continue on. The apparent low bid at that time was Riverside at $75,350.99. Attorney Crookston took the bids with him or I believe Bruce Freckleton delivered them to Wayne because there was some concern about the responsiveness about the bid, each one of the bids. And Wayne (inaudible) the bids and attached to that summary sheet is Wayne's memorandum to myself and Bruce Freckleton. (End of Tape)The 2 bids both of them are somewhat non-responsive. The bid that Riverside submitted is more non-responsive and they are non-responsive to the extend that they are by State code required to list their mechanical and electrical sub- Meridian City Council July 18, 1995 Page 41 Smith: Mr. Mayor this is similar to the non-development agreement that you previously approved for Bedford Place. Kingsford: So we are talking about anon-development agreement, I see from Will's notes that Wayne has marked that up substantially, Wayne do you have a comment for the Council? Crookston: Again your honor I haven't reviewed it since I did those comments. I don't know whether or not those changes have been made. Smith: They have Mr. Mayor, I sent a faxed copy of Wayne's comments to Hubble Engineering and Tracy Persons over there made those changes and sent the revised back to me. They did incorporate, I checked it against Wayne's comments and they did incorporate the comments. Kingsford: So, Counselor, what is appropriate here? We have to approve the non- development agreement and authorize do I have to sign that? Crookston: Yes you do, you and Will have to sign it. Morrow. Mr. Mayor, I would move that we enter into anon-development agreement for Summe~eld Subdivision No. 2 and authorize the Mayor to sign and the City Clerk to attest that agreement with Summerfield Subdivision and Gary Voigt the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max to enter into anon-development agreement for Summerfield Subdivision No. 2, Gary Voigt, authorize the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEDFORD PLACE: Kingsford: Counselor have you reviewed those and do they meet with your approval? Crookston: I reviewed them and I think they have made all of their respective changes that I asked for. Kingsford: Will is saying that they have, is there a motion on those CC&R's? ~~~ _ ~ ~ Meridian City Council July 5, 1995 Page 16 what I feel about the situation. I think Shari said I didn't use strong enough language, but anyway. I just wanted you to be aware of what the reasoning was behind what was happening out there on the tiling of that ditch. What I felt was an equitable situation for the developer to recover his cost. I guess I had a little bit of a problem with the and it is really not my job description but the density of the subdivision in the beginning and this I felt was something over and above that they may be wanting something more than what they need to recover the cost of piping that ditch. Kingsford: You have all read Mr. Smith's memo on that, any questions that you have for him. I think it was pretty precise as always Gary. Mr. Chairman? Johnson: Nothing your honor. Kingsford: Chief? Gordon: Nothing Kingsford: Mr. Crookston? Crookston: Just some comments on Gary's comments on the Bedford Place development agreement. t think where that arose, I was not involved in the initial meeting with the developer and the City people. So when I got involved in it I didn't really touch base with the idea of limiting the number of lots that were going to be added to the subdivision to only cover the developer's cost in doing the tiling. So I think that is a little bit, maybe it is a situation where I should have been involved in it but also maybe it is a situation where I should have gotten more facts from the people involved and found out what we needed to do. If it is the Council's decision I think it would be appropriate for me to send Brighton Corporation a letter to the effect that is what is going to be, excuse the additional lots would be only to cover their costs for the tiling of the ditch. When I discussed this with Gary I had told him that the reason that I had put in the agreement in this paragraph 23 that it would be up to the Planning Director to have the ultimate say over it. I specifically address it on the basis that this would cover the cost idea but I think this also falls within that line of thinking that Shari would have the ability to say yea or nea. I don't even know if Shari was involved in the meeting. Kingsford: I think what is going to be an issue is probably a good idea that those thoughts are forwarded to the Brighton Corporation because they will want to consider those as they look at replatting. Certainly the Council is going to have the final say on how many lots they may or may not have. They are going to have to approve of that revised plat. ,(End of Tape) Meridian City Council May 2, 1995 Page 14 may come to that. I don't think it is there yet, but I have just seen notes evolve from 5, 6, 7 notes, now on this fast subdivision like I mentioned there was something like 17 notes on that page and it gets really busy. Corrie: Mr. Mayor, as the plat, you have the plat page and the signature page is that page 1 of 2 and 2 of 2. Maybe we could say it is 3 pages then and then it is up to the developer whoever it is that they better make sure that they have all of those pages. May not want to pay any attention to the signature but if there was 3 I would think that if I were a builder would pay attention to the builder. Kingsford: The notes ought to be the second page (inaudible) Corrie: That is correct. Kingsford: Well, dully noted and you have been City Engineer for how long? Smith: Since 1985. Kingsford: Longer than 16 months. Morrow: That is alright I will still challenge him. Stiles: Mayor and Council the next item is the Bedford Place Subdivision that is adjacent to Fothergill Subdivision to the north. If you will remember this is the project that was having a hard time getting their R-8 zoning until they convinced the Council it was the amenities they were providing were going to enhance the City to the point where you would welcome this subdivision. The bike path is designated along the South Slough, and was a natural, I considered it to be a natural waterway that was very pleasing and a nice amenity. Unfortunately this subdivision has relocated that to in some places as close as 6 feet to the adjacent Fothergill Subdivision. It is close to 10 feet deep, extremely deep slopes, Gary estimates about 1 1/2 to 1 maybe. This was done last Monday I believe and the calls immediately started coming and have been coming in on a daily basis. Wanting to know what is going to be done, threats from people that they were going to sue the City, realtors going to sue the City, going to sue Brighton, they are going to sue anybody they can think of. If you have gone out there, if any of you have gone out and looked at this it is huge, I mean an animal would get caught in it, a human would have a very hard time getting out of this. When they started digging this they knew full well that they weren't complying with the plans that had been submitted. The plans showed 4 feet deep and slopes and 20 feet off set from Fothergill Subdivision. I think at the very minimum we need to require fencing be put in immediately, their plat hasn't been signed, they have come up with some options that they came in and talked to us about today. Their final plat was Meridian City Council May 2, 1995 Page 15 approved but they have not approved for a variance from tiling the ditch. Nampa Meridian tells me it would take a 48 inch pipe. Some of the property owners adjacent are furious that they haven't had to go through the variance application, they say isn't that an ordinance of the City and I say yes it it. I don't know if it was an oversight on my part by not making a comment specifically to do that or the fact that I considered it would be aesthetically pleasing natural looking waterway that would enhance the bike path lead me not to think of that requirement. We have a big problem now and safety wise I don' t know if we can say put that in tomorrow or put it in within 3 days or what we can do. I would like Gary to address some of the fixes they have suggested today and go over that with you. Smith: Mr. Mayor and Council members, as Shari mentioned the development plans that were submitted to the public.works department showed an open ditch, relocation of the South Slough also known as the Finch Lateral along the south boundary of the subdivision. I believe that it was presented to you in that same format on some colored drawings that the engineer for the applicant utilized in his presentation for the subdivision. The ditch was shown to be 4 foot in depth with 2 to 1 side slopes. I think it had a 4 foot bottom width. As Shari mentioned the depth of the ditch at least in one area where I was, when I met with the contractor out there there they had a cut stake at 9.7 feet from ground to invert of the pipe that crosses under the access road from Fothergill into the subdivision. Obviously the depth of the ditch has created a great concern for the property owners along the south boundary of this subdivision which is the north boundary of Fothergill. The close proximity of the top of the bank with respect to the Fothergill property line and the rather steep side slopes of the ditch. I don't believe, I didn't measure them but I don't believe that the side slopes are 2 to 1 I think they are much steeper than that. The engineer and representative of the developer met with Shari and I today and proposed installing a 6 foot chain link fence along the boundary line common to Fothergill and Bedford Place. They also proposed to raise the ditch bottom and they proposed to bench the side slope on the south side of the ditch which is adjacent to Bedford. Still utilizing a 2 to 1 side slope, but raise the bottom of the ditch up somewhere in the I think 2 to 3 foot height and then bench the side slope toward Bedford Place. (End of Tape) I guess that is pretty much the engineering side of it. The north side of the ditch has the ability for a more gentle side slope because of the distance that is available from the ditch itself to the roadway. I think the applicant's engineer has a plan with him tonight that you saw on the original presentation so you can see that there is a, I don't know how far that is 60 or 70 foot horizontal space between the bank of the ditch and the edge of the right-of-way in which will also be the pathway. So there is more room to operate there with a sloping of the ditch from ditch bottom up to natural ground. I guess the other issue is what Shari mentioned concerning the variance for not piping the ditch. One thing I would like to say concerning the volume of water in the ditch is that to the east this ditch crosses through, crosses under Locust Grove Road where we first became familiar with it, is basically on the boundary between Pheasant Point which is also known as Howell Tract and Cougar Creek Subdivision. I believe it extends as it goes west it crosses through Rock Creek as an open s ~ Meridian City Council May 2, 1995 Page 16 ditch. Those subdivisions it was left as an open ditch and it was fenced, I can say along Cougar Creek side for certain. Somewhere in the Rock Creek subdivision area a diversion takes place and water is taken out of the South Slough or the Finch Lateral diverted into what is called the Onweiller Lateral which then flows kind of north and west. It crosses through Bedford Place, I don't know how far north and south but let's say somewhere through the middle point maybe slightly below the middle point of that subdivision. It continues onto the west eventually crossing along the north boundary of Lansbury Lane and towards Joe Simunich's property. At the point upstream of that diversion a 48 inch pipe would not carry water, it would take a larger pipe than that. From what Shari is telling me and the size of pipe that this developer that the Bedford developer is installing in the road crossing is a 48 inch and from what Shari is saying Nampa Meridian has said a 48. inch would carry the water. I guess there are several issues, one is the immediate safety and concerns of the residents of Fothergill Subdivision. It is difficult to describe the ditch in words, you need to look at it to get the impact it is substantial. The second thing is can the ditch be fixed to be safer. And the third issue would be the variance issue and the variance issue was not addressed by City staff in the review of the project. That in itself I guess Counselor will have to advise if that condition still exists whether it was addressed or not since it is part of our ordinance. That is the background that I have on the project. Kingsford: A 9 foot ditch is as tall as this ceiling. Smith: Yes sir. Kingsford: I couldn't climb out of there if it was dry. Turnbull: Probably several things to say, when I saw that ditch I was probably as sick as anybody here and I guess, I would like to back up and take out some of the prejudice that was presented here. We never intended it to be that way, basically there was a crossing installed at the roadway and that crossing pipe had to be lower to go under the sewer and water, lower than the natural grade of the ditch. Consequently when it was staked out and the contractor brought in to dig the ditch he just when from the crossing grade instead of doing a siphon like should have been done. Consequently the ditch is about 4 feet deeper than it should be plus the fact that we I think in our cross section have always intended to taper down on the other side so-that basically we could go back still at this time and do a foot ditch like was proposed originally. I should say it is not a ditch, the Finch Lateral is a year round stream, it is a natural flowing stream. We have dealt with that in other projects to the east. We don't expect it to stay that way, we are not proposing that it stay that way, we are going to do something that fixes the problem. We are not going to leave a 10 foot deep or 9 foot. I think from the profiles that Hubble Engineering has shot it varies but 8 1 /2 to 9 foot deep right now and it is not acceptable to us either. I want to assure the residents of Fothergill Subdivision we are not going to leave it that way and it was a mistake • Meridian City Council May 2, 1995 Page 17 probably on the engineers part, maybe on staking, probably on the contractors part for going forward with it. The fact of the matter is they were done with it in 3 days before we even got out there to take a look at it. When I got out there I was just sick to my stomach. So we want to solve the problem but I don't think we have made any misrepresentations what we proposed from the beginning is what we intended to do. What we still intend to do if there are some other options we want to look at, I would suggest that we sit down and look at them. I would like to meet with representatives of City Council, the Mayor, the City Engineer and even someone from Fothergill Subdivision if they would like to sit down and decide how we go forward. It is not particularly an unsafe situation at this time because we haven't diverted the ditch. We have just dug a trench, the Finch Lateral has not been diverted into that ditch right now. Kingsford: Well, I take exception Dave, a 9 foot hole is a hazard. Turnbull: It is not flowing Finch Lateral water. Kingsford: I have heard of a lot people that have been trapped under dirt, you have mud out there if it is dry it will slide. I have some concern about it today, I think it needs to be filled in at least a substantial amount for safety at the moment. (Inaudible) Kingsford: I think something has to happen on it almost immediately. Turnbull: And I am ready to do something Mr. Mayor. Kingsford: Let's get that filled in at least to 4 foot deep tomorrow. That is what the development plans called for, if you want to pipe it, I don't have an objection to you throwing a pipe in it that depth and then burying it in. Turnbull: I want to take care of it in all haste but we do need to get some direction going on it. It is not something we did intentionally and not something that I would leave in any case. Kingsford: I understand that Dave but there have been a lot of people killed unintentionally. I certainly don't want that to be the case here. Turnbull: Well sure Mr. Mayor but it is a construction site right. Kingsford: It is also the backyard of people. ~--. ,~ =- Meridian City Council May 2, 1995 Page 18 Turnbull: Well, sure but if we are, putting in a sewer pipe too and there are trenches for that. Kingsford: Do you have it protected so that people can't get in it. That is what you are supposed to do with a construction site. Tumbull: Well, your point is well taken and I want to move forward as bad as the next guy. Kingsford: Council, what is your feeling? Morrow: I guess my emotions run the gamut of it being an ultimate responsible party in our industry that you and I both know there are only 2 guys responsible the general contractor and the developer. Quite candidly when we make a mistake one of the great things about our business is we have to fix it on our own time at our own expense. The issue here is that not being an attorney or anything you are dealing with an issue of an attractive nuisance. A 9 foot hole in the ground under the conditions that we have now which is nothing but mud a young child like the young fellow there gets in and doesn't come out David. And I think I agree with Grant, the deal is so what if it costs a $100 an hour to fill it full of dirt, $100 and hour for 8 or 9 hours or a $1000 is really inexpensive compared to the cost of one child or one senior citizen. Where at 9 feet even old guys like the Mayor would have a tough time getting out. But the point is that I think we need to get rid of the safety hazard right away and then discuss the solutions. I know it costs money but a lot of times when we get in trouble and make mistakes in our industry the money has to be a secondary issue. And I see this as being the case Dave, I think what we do is somehow either III it in and I think the fill in is the cheapest and quickest way of solving the problem and then we discuss the issue of how we want to solve it long term. Turnbull: Or we go and put up one of those orange type fences. Morrow: Dave I am not convinced unless you are going to stake the bottom down that going back to the young fellow there that he is not underneath the fence, or over it or whatever.. To use the example of the sewer thing, usually when our guys are running those sewer lines they have those steel deals and their trenches is maybe 8 to 10 feet long and of course it is deep and they have a back hoe parked over the top and it is fairly isolated ftom a subdivision. We are talking 5 feet away from the back fence at some parts. Tumbull: And I understand what you are saying, we do have those kinds of situations with drain ditches Criss-crossing Meridian all over and nobody has been, that happens on the Ten Mile Drain. I want to assure the Council, I want to assure the residents of Fothergill we are going to fix the problem. We need to get together with a representative of the Council and Mayor and engineering and decide how to go forward. I wish I had never seen Meridian City Council May 2, 1995 Page 19 it and like I said it made me sick to my stomach when I saw it. Money is not the big issue to me either as far as making it safe but I will put up one of those temporary fences around it , if I have to fill it in to 4 or 5 feet or whatever I guess whatever I have to do. Morrow: Let me respond to the comment about Ten Mile Creek and the natural drains, those I think the difference is those aren't something that we all created. We as a City Council approved the subdivision Bedford Place we approved it with the conditions we created between you and I and the citizens and the taxpayers in general condition exists there. Ten Mile Creek there pre-dates all of us here and so the issue there is that is kind of like beware because it exists. But we are talking about something we created. Turnbull: I've created. Kingsford: Most of those drains too that you have spoken to are not that deep.. One goes through the golf course or did and 1 knocked a lot of golf balls in there an I am 6 foot tall and I could be in the bottom of that and see clearly out so they were not more than 5 feet deep. There are some that are a little deeper than that. But still Walt's comment is those were there and clearly people located there knowing it. These folks located there and there was flat dirt and they have kids and they need to be protected. Turnbull: I understand. Corrie: Mr. Mayor, just sitting here listening and observing I think you want to do what is right, will you do it tomorrow, I mean fill it in tomorrow? You are hesitant to doing this tomorrow and the Mayor has asked that it be done posthaste by tomorrow. Can you do that tomorrow? Turnbull: Well, without having a contractor in my back pocket I am not sure, I can give it my best effort. Corrie: I think they are all right, we have a problem here and it needs to be taken care of and I think it needs to be taken care of before we sit down with Council and different people and engineers that needs to be filled. I have no qualms that is what you want too, but we also have a time problem here. So, observing here I see that you want to do it, my suggestion is that you do it tomorrow before 5:00 if you can. I would like to see that done, I think we have a real problem here Dave and I think that your cognizant of it and you want to correct it and I see that. So my suggestion to you would be to get it done tomorrow and then we can like 1 say go after the rest of it. I don't want to lose somebody there. I think that we can get somebody to put some dirt in there tomorrow. You have some contacts know you do. • Meridian City Council May 2, 1995 Page 20 Turnbull: I wish the rain would stop, sometimes it gets too wet that equipment just bogs down but we will do everything we can to get it done. Yerrington: How many feet do you have in this ditch, how long? Turnbull: How many linear feet, 1/4 of a mile, 1320 feet give or take a foot. Kingsford: I guess just one further comment, are you considering strongly tiling? My inclination would be a little bit more towards letting you put up a fence temporarily, orange fence or whatever. If you were going to be throwing in pipe and covering that I would hate to see you dig it up twice and have the hazard re-opened again. There gets to be a trade off there. I think those people, if they are looking at having it covered there may be a certain number of them that would rather see that and have the exposure for a few days and not have that be an ongoing problem. I am sure there are some other people that would like to see the water amenity. We have dealt with that with about every development we have had. Tumbull: I know and I have some ideas, I was not in the meeting with Gary and Shari and Gene Smith and Mike Tanner from my office today because I had a doctor's appointment. I have had some thoughts since then and I think that there are some things that can be done that would actually make Fothergill residents happier in the long run and even our own residents. But it is something that I am going to have to at least talk with the Mayor and a representative of the Council and a representative of the Fothergill and ourselves. Morrow: So it sounds to me like the answer is that we push dirt in there tomorrow and call it good. Turnbull: Call her half way good. Corrie: Mr. Mayor, what you are saying it would be better for everybody would be to put the dirt in there tomorrow? Tumbull: I am thinking we can do some kind of a deal like tiling a portion of it and putting in some things like, one issue needs to be addressed and I think Max spoke to me about it is Nampa Meridian Irrigation District is saying absolutely no way are-you going to put a trail system along our easement. And they told us that so I don't know what the City's position is now whether they are still trying to preserve that option or whether -that is something that is viable. As I look to the east of this project where this easement is all fenced in and doesn't look terribly practical to me that they were going to get done. So, one of the things I was thinking about is maybe widening out some of the areas and putting in tot lots you know some playground for the young children. Maybe even tiling the whole • Meridian City Council May 2, 1995 Page 21 thing and putting in some of those basketball court amenities or tot lot amenities. Again there are some things, probably some considerations that we are going to ask for providing those extra amenities. So I think that is a discussion that needs to happen and happen as quickly as possible. I will be at your disposal or disposed. I know it is not something that is easily solved from this podium. Kingsford: And I think the realism is that whatever is decided if it is much of a change from what was approved needs to be publicly noticed and discussed again. I know it is going to have to be, I know it will have to back through a public hearing. I just want to get some kind of a direction and get the opinions of the surrounding neighbors and members of the Council and Mayor. Yerrington: If you the this ditch would you still fill it up partway before you the it? You wouldn't Turnbull: If we tiled it we would just put it in the bottom of the trench where it is now and that is the easy thing. Kingsford: That lines up with the the that is in the crossing the roadway. Turnbull: Otherwise you have to create a siphon. Morrow: Mr. Mayor, I really have mixed emotions about what we are doing .here. I understand exactly David's position, I understand the need to buy some time to make the decisions that are in the best interest of our citizens and of the subdivision. I think what that says to me is that I would like to move that the ditch be filled within 48 hours to a level of 4 feet. I am not getting a sense here an I want to do that because I am not getting a sense here that anybody is in a position to make a commitment other than a commitment to safety. I share your concerns that if the decision is ultimately to the the entire ditch or portions thereof it doesn't make sense to dig it twice. But by the same token that decision could be a couple of weeks away and I perceive the danger to be immediate. And so I would like to make that motion. Corrie: Mr. Mayor I feel exactly the same way and I second the motion. Kingsford: Moved by Walt, second. by Bob to require the ditch be filled in to a depth no deeper than 4 feet within a 48 hour period. If there is some discussion I will entertain your comment, would you come forward and state your name for the record. Duenos: I am Amy Duenos and I am one of the homeowners of Fothergill. I would like to speak on the behalf of many residents in Fothergill. We went around, I was just notified Meridian City Council May 2, 1995 Page 22 ~J of this meeting a few hours before it started. In that time we went around the space of about a block and a half and about every homeowner in there to sign a petition about this concerning this ditch. Just to let you know how concerned everybody is, this whole subdivision is pretty much geared towards first time home buyers and most first time home buyers are young couples with small children. I am glad to see you are concerned for that. A couple things I would like to say that haven't been mentioned is I am glad to see it is going to be filled in but I think in the long run if you could allow people from Fothergill to be in on what decisions are made or at least hear what is going to be on that. About fencing it if that is one of the choices, I have heard that maybe a chain link fence and all of the residents are wondering why a chain link fence. Because as a kid you can still see through a chain link fence and every kid is going to be drawn to the water. Therefore a chain link fence doesn't really seem to deterring the kids any from getting in there, because every kid can climb a chain link fence and still get over there. So we all want to say that we feel first and most important that it should be filled in and if money isn't really the first issue than that really shouldn't be a problem have it fenced in. If you weren't than if a big fence and a wooden fence so that the kids cannot see and they could still maybe climb a wood fence but it is not as easy and it is not as easy to see, they can't see the water so therefore they are more protected. Our main concern of course is our children, like I said almost the whole subdivision has kids and we want to make sure that they are protected. Kingsford: I understand, of course a wood fence, the problem is that we have experienced with them over not too long a period they just deteriorate, they do burn as people do clean up and so forth and you bum fences then you have a worse problem. I am sure that is the reason for the chain link or ornamental iron or something that will withstand that sort of thing. Duenos: Is there anyway that us as the residents can push them for it to be covered because whereas a chain link fence doesn't seem to be helping can we push, is there anything we can do as residents? Kingsford:. Certainly if there is a change from what has been approved and of course those people that were there at that time had opportunity to come in and give testimony at a public meeting. If it is other than the ditch that is outlined in the plans for this subdivision it would have to be noticed again and we would take testimony from anyone. And particularly we would notify those people that were within 300 feet. Duenos: At this time nobody was notified of it. One other thing about that meeting the requirements, one of the requirements was 20 feet away from our property and I am one of the homeowners where it is 5 feet from the back of my property. Since we have just moved in and (inaudible) we haven't put up a fence and we do have a small son. Would Meridian City Council May 2, 1995 Page 23 they then have to move it 20 feet away from our property to meet the requirements that. were originally given? Kingsford: That is certainly something that if it changes from that again there would be notification. Thank you, you heard the motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea Turnbull: I would like to point out that it did take 72 hours to dig the ditch and that was in dry conditions, we will do our best. Kingsford: It goes in a lot faster than it comes out, that has been my experience. Turnbull: Well, that is true and God willing we will get it done. I would also ask and hopefully this is the appropriate time, when and with whom we could meet and discuss the issue further. Kingsford: Let's try and put a meeting together with Mr. Berg, he will notify at least this young lady and she will pass that along to the rest of the people. Turnbull: I do appreciate their concerns I do want them to be part of the meeting. Thank you. Kingsford: Shari, you have one more item. Stiles: Yes, just a follow up on this, Bedford Place still requires a development agreement it needs some changes from what was submitted from the developer. But this issue will need to be cleared up prior to executing that and any final plat signature. The variance I guess you are saying since it was approved as a final plat that it is not required that they apply for one? Kingsford: That would be my legal assumption at the same time if it is not what is on the plat than we are going to have to have something happen differently. Where are we at Counselor, that is the same ditch we have through Fothergill a path, where are you at with that license agreement with Nampa Meridian? Crookston: I am not sure where we are at. Kingsford: A certain Mayor promised 3 irrigation district commissioners that we would do that and that is pushing a year now. The guy that I am talking about is not a liar so let's have that done. You have Chamberlain on here do you want to say something about it. • Meridian City Council May 2, 1995 Page 24 Smith: Mr. Mayor, I think Wayne gave me a copy of that license agreement with Nampa Meridian to look at for that ditch that runs through, Jackson Drain which is a different ditch than this one but it is the same Kingsford: Was it our intent to go on with this one with that same path or is this a different issue? Smith: Well, actually the path on the Jackson Drain and the path on the South Slough or the Finch come together at Meridian and then it becomes, the Jackson Drain runs into the South Slough at Meridian Road. So from Meridian Road west there would be one pathway. From Meridian Road east there would be a pathway along the South Slough or the Finch Lateral and a pathway along the Jackson Drain. So the pathway would fork at Meridian Road. It would be a different license agreement but in terms of the names of the ditches but I think that the contents of the agreement would be very similar. Kingsford: You were with me at that meeting, is it your opinion that is a ditch that they were talking about that they would be willing to let us have a path along? Smith: Yes, well, they talked about drains and the South Slough has always been a drain, but they do take water out of it for irrigation. They take water out of it to put it in the Onweiler and they take water out of it at Waterbury Subdivision to put into the Creason Lateral. So they are diverting water out of it as irrigation water and I don't know if the change of the name from the South Slough which is a drainage connotation to the Finch Lateral which is an irrigation ditch means that it is no longer a drain. Kingsford: That is something that maybe Shari you would check on for me and see what the status is. I think Mr. Turnbull is interested in knowing that too. Certainly we are as we proceed with this decision. Stiles: Mr. Mayor and Council, it depends on who you talk to. Morrow: Mr. Mayor, question with respect to whether a variance is required or not, is that the issue we are trying to determine what it is called because our ordinance calls for all Kingsford: No, this is a different issue Walt, what I am discussing is with regard to the pathway. The irrigation commissioners are saying and I guess John Anderson that we can't have pathways along his irrigation laterals. So we need to determine is this a lateral or is it a drain and -can we have a pathway along it. That is going to influence the decision as to what we do with the ditch. Morrow: My follow up question was that our ordinance called for all irrigation ditches to be • Meridian City Council May 2, 1995 Page 25 covered or tiled. And so Kingsford: If it is not a drain then probably we are looking at Morrow: Is this where this gets confused with respect to what David is after and what the staff was after. If it is a drain than it doesn't automatically get tiled is that correct as per our ordinances. And if it is a lateral than the ordinance says that it gets tiled. Crookston: That is basically correct. Morrow: So the dilemma is all in the name. Kingsford: Partially of course the other thing that buddies the issue is Gary has found that we don't have any live ditches in the City limits of Meridian, or natural drains. Chamberlain Estates drainage pond. Stiles: Okay, Chamberlain Estates they requested an extension on recording their plat on December 6, 1994. Council's motion was to extend the grant until April 15th conditioned up on the gravel pit issue being remedied and if it is not it is dropped. I can't quite get through this motion here, if it is remedied than it is extended for the calendar year. It has been a continual problem, all last summer was a problem. We are hopeful when they asked for the extension in December that would give them some incentive to fix the problem. They did go out and throw some dirt in there and change the banks a little bit. We received a letter from Jim Merkle on March 16th that the rough grading of the storm water pond has been completed. Rich Tomlinson has been to inspect the work, the pond has been rough graded in accordance with the approved plans. The top banks of the pond have been bermed up so as not to allow any irrigation run off from adjacent lots into the pond. As you know this was to be completed prior to April 15th to allow the extension of the Chamberlain final plat. Please forward this information to the City Council so as not to affect our plat exterior. What had been done when we received this letter was not in fact in accordance with the plans. The very first day the irrigation water went in there was a fountain of water gushing into it. It was filled, not filled to the top but there was a lot of water in there in a short period of time. The developers engineer has jokingly said that the adjacent neighbors didn't need to worry about their gophers they wouldn't have a problem then. The fact is there is no reason for this pond to be there. It was basically a mining operation done to create the Cougar Creek bike path. It is a nuisance, it is a safety problem. When there is not water in there kids are parking their cars in there and partying. Carol Ann Moxley is here tonight she is an adjacent property owner, when I went out to see her trying to flood irrigate it simply does not irrigate the way it used to. It was not through her creation of the problem, it was created by this giant sucking pond. I believe they have done what they said they would do. This has been such a problem and very • Meridian City Council March 5, 1996 Page 40 • Morrow: Mr. Mayor I would move that we offer endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor .say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non-development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non-development agreement. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City which shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the ,amount sufficient to secure the full and adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety • Meridian City Council March 5, 1996 Page 41 • deposits will figured at the prevailing construction cost as determined by the City. He has submitted along with his fetter a copy of on the third page a copy of the improvements that he would make on those lots that were part of the non-development agreement. It would be my recommendation as City Engineer that he does submit a letter of credit for the installation of those improvements. Corrie: Or a cash deposit. Smith: Anything that is liquid to the point other than a surety bond. I think that is (inaudible) what he is requesting. I will refer to Wayne to add anything to that. Crookston: I don't have this packet. Rountree: Gary, I guess for my own understanding this is an agreement with the developer (inaudible) Smith: Yes Rountree: And (inaudible) than the City wants some assurance that it is going to get done. Smith: Yes, initially the developer submitted a plat for a certain number of lots which would include the improvement thereof. That plat was approved by the City Council, that plat was recorded at the Ada County Recorders Office. Then he came back with a request for a non-development agreement because he decided he didn't want to develop all of that plat. At that time the Council said alright, we will agree to anon-development agreement for a certain portion of this plat. So, in effect they drew a line through the plat and figuratively built a fence along those lot lines and said everything north of this line we are going to develop and improve streets, sewer, water, street lights, etc. and sell these lots. South of this fence is part of this non-development agreement. When we decide we want to develop these lots we will abide by the conditions of this non-development agreement. That is what he is submitting in this packet. They now want to build those improvements so they can sell those lots. The following, the second paragraph below that one that we read says that he agrees not to sell the above referenced lots in the subdivision during the term of the agreement or until a new irrevocable letter of credit or cash deposit surety has been issued and delivered to the City or until the required improvements of such subdivision are completed in accordance with the current City standards and specifications. Morrow: Gary, question, on his paragraph three, he is suggesting that we leave the non- development agreement in place while we instruct these improvements and release it near the end of the construction. We will bond any items not completed at that time. So my question here is that he is basically asking for. either or. He is asking for a total release of • • Meridian City Council March 5, 1996 Page 42 the non-development agreement or if the Council is more comfortable leaving the non- development agreement in place until those improvements are done. I guess my question to you would be is under the one we are asking for a bond or letter of credit and under the other is he suggesting that there is no bond or letter of credit done up front. He is stating he will bond any items not completed at the time and I am assuming that means that at some point he wants to bring the non-development agreement off before he has completed his construction of improvements. Smith: Yes, that is what he is asking. Morrow: The issue is that he cannot sell lots until this non-development agreement is totally terminated, nor can he sell lots until the final plat is signed off with the improvements in and being inspected, is that correct? Smith: He can sell lots right now because the final plat has been recorded. He can legally sell a lot. They can't get a building permit for the lot until they have at the very minimum a gravel road access in front of the lot. So that the emergency vehicles can access the lot. Morrow: So on this phase of the final plat has been recorded by the inspections have not been made. Smith: Well the final plat has been recorded, there have been no inspections on the second phase because there is nothing there built. Morrow: I understand that Smith: But the first phase everything was inspected, the hard surface is down, lots are sold, the buildings are up and people are living out there. Morrow: What I am after here is the City's safest way to ensure that all of the development, all of the work is actually done is to bond for the completion of that work and not stay in the development ornon-development agreement for a certain period of time and then bond for the completion. I guess I am asking you opinion here. It appears to me that is the safest way to do this. Smith: Yes, in my opinion that is the safest way to do this. Crookston: He really couldn't, technically he cannot sell lots because the non- development agreement says that he will not sell lots. Smith: That is correct, he is still bound by the conditions of the non-development • Meridian City Council March 5, 1996 Page 43 agreement even if he is allowed to go into the undeveloped portion and make. the improvements he cannot sell a lot until Council rescinds the non-development agreement. So I guess technically what he is asking for is allowable, could allow him to on the one hand to make his improvements but with the understanding the non-development agreement still exists and he can't sell any lots until all of the improvements are in or he comes back to the Council and says I have got $125,000 of the $155,000 improvements and I would like you to terminate the non-development agreement and here is a letter of credit for $25,000 to ensure that I am going to finish what we have started. Obviously his request is to relieve him of the financial responsibility to provide that larger cash or letter of credit. That is the only reason he is asking that question. Like Wayne said part of the non-development agreement says he can't sell any lots, unless his development agreement is rescinded by the Council. That means we put a tag on the file folder in the building department and no building permits are issued. I suspect that tag is already there. Morrow: So what it boils down to is we have got two avenues to go here. The one is the first two paragraphs which is termination of the development agreement or non- development agreement, permission to proceed with development or the undeveloped lots in that case we request the surety agreement or the letter of credit in the amount of $151,911 or we leave the non-development agreement in place and at some point in the future he comes before us and requests it to be terminated and then bonds for the balance of work that has to be completed. Smith: Correct, in that paragraph that we read I might state that the City reserves the right to require the irrevocable letter of credit, it doesn't say it has to require. So you could allow him to, he has asked to make the improvements you could allow him to make the improvements without an irrevocable letter of credit without releasing the non-development agreement, it would be, in my opinion it would not be in violation of the non-development agreement terms. We just have a propensity to ensure that the improvements are done, I think that is why that language was installed in that paragraph. Without rescinding the non-development agreement he can't sell any lots. And the City Council should not rescind.the non-development agreement unless, until his improvements are complete and accepted or he furnishes a letter of credit to cover the cost of those improvements. Cowie: Gary, I was going to ask on this (inaudible) I don't see anything about the streets, (inaudible) is that hidden in there somewhere? Smith: The Highway District has anon-development agreement for the streets so he would have to go through (inaudible) Crookston: Gary, my question is in the fourth paragraph there it says the end of the second line, "at the same time you are adding services for the seven lots which have been given Meridian City Council March 5, 1996 Page 44 preliminary approval by the Council we will follow up with the final plat and recording process of these seven lots so that they can be offered for sale after the plat has been recorded. Can he do improvements for lots that have not been final plated? I assume can't. Smith: Well, it is a technicality Wayne because technically they are not supposed to do any improvements until the final plat has been approved. But he is building a street and he is making improvements to lots on the north side of the street for sewer and water services. He has a plat in the process for approval that subdividing the existing common area lot on the south side of the street. It just seemed appropriate to me that while he is building this sewer and water line he stubbed to the south to these proposed lots. I gave him the approval to go ahead with the understanding that he was on his own. l put that in the form of a letter that it was his risk to make those improvements. That there was no guarantee that the Council was going to approve of those lots as he has proposed. He understands that. Crookston: Are any of these lots on, I don't know what has happened out there, but are any of these lots in the area that where he is going to pipe the Finch Lateral and has that been done yet? Smith: Yes they are in the area he is going to pipe the Finch Lateral and I don't know whether it has been piped or not. The Finch Lateral will run along the front of these lots. Crookston: I would think that the City needs to be concerned that piping be completed around or where any of those lots are. Any of the land that is now the ex-Finch lateral I think the City needs to be assured that is done and taken care of. The other thing that was, this is the area where he was supposed to have a basketball court? Smith: Well that basketball court is to the east side, it is the easterly piece of this common area this area that he is platting with the 7 lots is the the west side of the subdivision. There is a north south road that kind of bisects the property. These seven lots are on the west side of that road. Crookston: As I recall there was a question as to how much of the basketball court he had put in and I don't recall if that was ever decided. Whether it was going to be a full court or half court or just a basket there. Smith: I know you brought that question up several times and I don't know that there was ever an answer. I don't know exactly where this piece of subdivision is for these seven lots. I can't recall at what stage of the process. ~ a. Meridian City Council March 5, 1996 Page 45 Morrow: It seems to me like given that, those kinds of questions, the best solution here for us as a City is one of two, not act on this or the second one is we leave the non- development agreement in place and allow them- to go ahead and put in their improvements and at such a point in time that they are done with the improvements and everything is satisfactory then we release the non-development agreement. Or if it is the Council's desire and they appear here early and they want to bond for final completion of things than we make that decision at that point in time. But I think what both you and Wayne are telling me is that there are some other gray areas here that are affected. It seems to me that given that you want to leave the non-development agreement in place. That has the incentive of finishing prior to the selling of lots. Because you can't because of the non-development agreement you can't sell a lot while the non-development agreement is in place. Smith: That is correct. I think the issue with the resubdivision of the common area lots is a separate. The seven service lines that he wants to install are being done as a matter of convenience. The piping of the Finch Lateral that is part of the both subdivisions really. The number 1 subdivision and the re-subdivision. The location of the ditch is different, but he will have to accomplish that piping as part of the improvements for the number 2 subdivision or the re-subdivision. If you leave the non-development agreement in place and allow him to proceed with his improvements on the number 1 subdivision I agree with you he doesn't sell any lots unless he comes forward at some point in the future and says I want to bond for what I have left to do. Morrow: Mr. Mayor, I think I am prepared to move that we leave the non-development agreement in place and allow Brighton Corporation to proceed with their construction of improvements and at the time those improvements are completed they can come before the Council and request on the removal of the non-development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you have heard the motion, discussion. I guess Walt at that time we can require the cash security. Morrow: Well point of discussion, if he comes in and those things are complete there is no requirement for a bond. If he comes in and he is 90% complete and wants to proceed to sell than we require a bond for 110% or 105% of the balance of the improvements that need to be done, per the agreement. Corrie: Okay, all those in favor of the Motion say aye? Opposed? MOTION CARRIED: All Yea ~ ~ Meridian City Council July 18, 1995 Page 41 Smith: Mr. Mayor this is similar to the non-development agreement that you previously approved for Bedford Place. Kingsford: So we are talking about anon-development agreement, I see from Will's notes that Wayne has marked that up substantially, Wayne do you have a comment for the Council? Crookston: Again your honor I haven't reviewed it since I did those comments. I don't know whether or not those changes have been made. Smith: They have Mr. Mayor, I sent a faxed copy of Wayne's comments to Hubble Engineering and Tracy Persons over there made those changes and sent the revised back to me. They did incorporate, I checked it against Wayne's comments and they did incorporate the comments. Kingsford: So, Counselor, what is appropriate here? We have to approve the non- development agreement and authorize do I have to sign that? Crookston: Yes you do, you and Will have to sign it. Morrow. Mr. Mayor, I would move that we enter into anon-development agreement for Summerfield Subdivision No. 2 and authorize the Mayor to sign and the City Clerk to attest that agreement with Summerfield Subdivision and Gary Voigt the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max to enter into anon-development agreement for SummerField Subdivision No. 2, Gary Voigt, authorize the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEDFORD PLACE: Kingsford: Counselor have you reviewed those and do they meet with your approval? Crookston: I reviewed them and I think they have made all of their respective changes that I asked for. Kingsford: Will is saying that they have, is there a motion on those CC&R's? __ ~ • Meridian City Council July 18, 1995 Page 42 Yerrington: I move for their approval. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the covenants, conditions and restrictions for Bedford Place Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Kingsford: Mr. Smith? The bid opening results for Well No. 16 pump and pump house. When was that closed I somehow missed that I guess? Smith: The bid opening was on July the 7th. Thank you Mr. Mayor and Council members, I will hand out a copy of the bid results for you fo look at. It looks like I handed out my copy too. We had 3 bidders and the low bidder was Turn Key Inc. from Emmett, Idaho, $164,608.53. They had a couple of small errors in their bid but that number is a corrected number. The other bidders, Ross Enterprise out of Jerome, was second bid and Riverside out of Parma was the third low or the third bidder. We have not worked with Tum Key Inc. before but they seem very anxious to get started and they are licensed public work contractors. Morrow: Do we have references on them? Smith: I don't think anywhere requested in the bid documents, I don't recall that we had a reference requirement. Morrow. It seems to me like that I am not familiar with any three of these companies and I guess my natural question is that where are our local guys? Smith: Riverside did No. 15 for us and they build the pump house out there and plumbed it. Ross had bid one time before I believe but he was not successful there either. It is a pretty straight forward job, there isn't anything real complicated about it. It is a masonry block building and some access road and of course the pump is pump and motor is all purchased items and we just have to be sure that their workmanship is such that everything fits together well and works well. Morrow: Wouldn't it be to our benefit to have reference requirements within our bid documents to that we can do some follow up to be prepared for what we need to do from a management standpoint to ensure that quality is there?