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Elk Run Subdivision Nos. 1 & 2 VAR11/22/94 10:17 ~~~u ~= Engineers Surveyo*s Project Date: X208 323 9336 Planners 18530 November 16, 1993 J-ti-B ENG. BOISE LEGAL DESCRIPTION ELK RUN SUBDIVISION N0. 2 R-4 ZONING BOUNDARY i boo A parcel of land Situated in a portion Of Lhe NE 1/4, Of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4, of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North~00°37'36" East 2,649.87 feet; thence along the East-west midsection line of said Section 24 North 89°34'30" West 137.10 feet thence leavin said midsection line North 32°17'30" West 117.99 to a point on the centerline o~ the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four Courses and distances; 1. North 30°37'30" west 139.X0 feet; 2_ thence North 41°06'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; 0 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" West 82.05 feet); 4. Lhence North 05°46'22" East 39.11 feet, (formerly known as North 04 28" East 66.00 feet, more or less), to the southwest corner of Elk Run Subdivision as it is shown on the official plat thereof, recorded July 19, 1993, in Hook 63 at page 6303, Ada County Records; thence leaving said centerline of Kennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 69°52'45° East 978.73 feet, (formerly known as North 69'06" East), to a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00°37'36" West 1,153.92 feet Lo the TRUE POINT OF BEGINNING. Containing an area of 15.56 acres, more or less. SUBJECT T0: All existing road right-of-ways and easements of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. GAL:ls NOU 22 '94 10 15 208 323 9336 PAGE.02 Gary A. Lee, P.E./L.S. 11/22/x4 10:17 x`208 323 9336 ~~-u g' ~ngir-eers Surveyors Planr-ers Project: 18530 Date: November 16, 1993 J-U-B ENG. BOISE LEGAL DESCRIPTION ELK RUN SUBDIVISION N0. 2 R-8 ZONING BOUNDARY ~J003/003 A parcel of land situated in a portion of the NE 1/4, of section 24, T.3N., R.iW „ B.M., Meridian, Rda County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 2a_, fram which the Northeast corner of said Section 24 bears North 00°37'36° East~2,649.97 feet; thence along the East-West midsection line of said SecL'ion 24 North ' 00°37'36" East 1,153.92 feet to a point, said point being the TRUE POINT OF (l(~~ BEGINNING; thence leaving said Easterly boundary North BB°52'45° West 154.12 feet co a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting the Southeast corner of Lot 5, Block 1, as .it is shown on that certain plat of Elk Run Subdivision, recorded July 19, 1993, in Book 63 at Page 6303, Ada County Records; O thence along the Easterly boundary of said Lot 5, 81ock 1, of Elk Run Subdivision North 01°01'15" East 200.00 feet, to a found 5/B" iron pin and cap marked P.E,/L.S. 3260; thence along the South boundary of Lot 4, Block 1, of said subdivision South 98°55'45" East 152.74 feet to a point on the Easterly boundary of said Section 24; thence along said boundary South 00°37'36" west 197.45 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.70 acres, more or less. SUDJECT T0: All existing road right-of-ways and easements of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. ~ ' 2b \~Y A. ti~ GAL:Is Gary A_ Lee, P.E./L.S. NOU 22 '94 10 16 208 323 9336 PAGE.03 ~~ ~ ~-U-B ENGINEERS .Inc. ~~` u• B , ENGINEERS~SURVEYORS•PLANNERS J,~ 250 S. Beachwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 November 2, 1994 Mr. Gary D. Smith, P.E. RECEIVED City of Meridian NUV U ~F ~~~4 33 E. Idaho Street ,~, Meridian, ID 83642 Nt~riciian City Engineer Dear Gary: RE: ELR RUN NO. 2 SUBDIVISION Piping of Kennedy Lateral We have been instructed by Bill Hardt, The Development Group, to proceed-with the preparation of the improvement plans. to pipe the Kennedy Lateral along the westerly and southerly boundaries of Elk Run Subdivision Nos. 1 and 2. I have met with Nampa and Meridian Irrigation District to resolve some of the design details for the structures and pipe size. ' For your information, we will send the City a copy of the Improvement Plans when they are available. If you have any questions, please call. Sincerely, J-U-B ENGINEERS, Inc. !/~ ~~ ~..~-_ ar~~A. Lee, P.E./L.S. Project Manager GAL:ls cc: Bill Hardt, The Development Group Project No. 18530 pc - W i I 1 ~ev~ sk~,.~. say ~..~ ~.~ ~~. • ~ MERIDIAN CITY COUNCIL MEETING: October 4 1994 APPLICANT: ELK RUN SUBDMSION NO 2 AGENDA ITEM NUMBER: 12 REQUEST: DEVELOPMENT AGREEMENT ELK RUN SUBDNISION NO 2 AGENCY 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ l MERIDIAN CITY COUNCIL MEETING: October 4.1994 APPLICANT: ELK RUN SUBDNISION NO 1 AND 2 AGENDA ITEM NUMBER: 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ELK RUN SUBDMSION NO 1 AND 2 VARIANCE 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: t • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF THE DEVELOPMENT GROUP FOR A VARIANCE FROM 11-9-605 M PIPING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on September 20, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Bill Hardt and its attorney, Howard Foley, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for September 20, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 20, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. DEVELOPMENT GROUP VARIANCE - FF & CL Page -1 • 3. That Ordinance 11-9-605 M PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 4. That the Applicant has requested a variance from the above ditch piping requirements and be allowed not to pipe the Kennedy Lateral but to fence the ditch. 5. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 6. That the property in the area where the variance is requested is zoned R-4 Residential and is proposed to be used in that fashion; that the Applicant owns the property. 7. That Bill Hardt, representative of the Applicant, testified at the hearing that the piping of the ditch would require a sixty (60) inch tile; that some of the area had already been fenced; that the piping would be expensive; once the tiling of a ditch starts the inlet structures would be a safety problem; that the fencing would go to Meridian Road; that they would fence to seal off the east side of the canal; that the City needs to draw a line on the size of ditches that must be tiled; that the size of the would start at 52 inches and go to 60 inches; that he was concerned about children. DEVELOPMENT GROUP VARIANCE - FF & CL Page -2 • • He also testified after everybody else had testified that if the ditch is tiled there will be a problem with grates; that there was a tremendous amount of water; that the tiling would inhibit the fencing; and that the cost of tiling would be $280,000.00. 8. That Howard Foley, representative of the Applicant, testified that the City Council has granted variances when the piping is larger than 48 inches; that Nampa & Meridian Irrigation District said they had a 35 foot easement; that Nampa & Meridian Irrigation District had agreed on a 15 foot easement; that there is no recorded easement but N & M rely on a prescriptive easement; that a fence has been constructed and homes have been built; initially thought pipe was 36 inches; that the City Council ought not get involved in owner and N & M issues; that it was an easement of necessity; and that N & M has called the home owners and told them that they have the right to tear down the fences. Mr. Foley also submitted photographs of the ditch. 9. Bob Stowe testified that he lived along the lateral; that he was the spokesman for the home owners group; that he was apposed to moving the fences whether the variance is granted or not; that once the ditch was tiled N & M would cease maintenance of the ditch; that they own to the center of the ditch; that it was not an unreasonable easement as it exists now; that cement trucks use the easement; that 35 feet would be 18 feed on their side of the ditch; that he desired that it be left the same; and that he was not told the ditch would be tiled. 10 Bryan Twait testified that he was a home owner in the DEVELOPMENT GROUP VARIANCE - FF & CL Page -3 area; that he was told the ditch would be tiled; that his understanding was that his property was enclosed in the fence; that the easement was a greenbelt; that safety was a problem; his fence is within 15 feet of the ditch; that he would take back 10 or 15 feet and maintain it; that it would not be an eyesore; that he does not want his fence moved further towards his house. 11. Norm LaComb testified that he was a home owner on the canal and a realtor there; that he perceived that the ditch was 38 inches and was to be tiled; that he wants the fence to stay the same so it does not encroach more. 12. Shari Stiles, Meridian Zoning Administrator, testified that there was Development Agreement on Elk Run No. 1 that says the ditches will be tiled; that the developer had disregarded what he had agreed to do; she also submitted written comment to the same effect, which is incorporated herein as if set forth in full; and in the written comment she stated that N & M only allowed the fencing to encroach into their easement because the Developer assured them the Kennedy Lateral would be piped; that N & M is protesting this variance; she concluded by stating, as follows: "I believe the only workable solution to this problem is to require the tiling of the ditch in accordance with City Ordinance, in accordance with representations made by the Developer, and in accordance with the signed development agreement stating that all ditches will be tiled." 13. Gary Smith, Meridian City Engineer testified that he had received a call from John Anderson, an N & M official, who stated that Sharp & Smith, N & M engineer, had indicated that a 48 inch pipe could be used to pipe the ditch; that Gary Lee, an engineer DEVELOPMENT GROUP VARIANCE - FF & CL Page -4 i • for the developer had used 3,300 miner's inches and N & M had used 2,700 miner's inches; that the entire length along Elk Run must be piped; that N & M would care for the ditch; that the plat for Elk Run No. 1 shows a 35 foot easement; that the No. 1 plat would be an easement of record; he also submitted written comment to the same effect, which is incorporated herein as if set forth in full. 14. That the Applicant previously applied for a variance of 11-9-605 M so that it would not have to the the Kennedy Lateral for Elk Run No. 1, which application was denied; that the Findings of Fact and Conclusions of Law on that variance Application are incorporated herein as if set forth in full. 15. That the Ordinance annexing and zoning the Applicant's, land which is now under consideration for a variance of the piping requirement again, states, as follows: " ; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially on the property." 16. That the Findings of Fact and Conclusions of Law adopted by the Meridian City Council on the Annexation and Zoning Application of the Applicant for the land under consideration stated as follows: "That all ditches, canals, and waterways would have to be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation." 17. That after the variance request to not have to the the Kennedy Lateral, the Applicant signed a DEVELOPMENT AGREEMENT for Elk Run No. 1 with the City of Meridian which agreement stated as follows: DEVELOPMENT GROUP VARIANCE - FF & CL Page -5 • • "3. That Developer shall meet al;l of the Zoning and Subdivision and Development Ordinance requirements of the City of Meridian for the zone in which the property is located. 7. 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." CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances and under 11-9-605 M the City may waive the requirement of piping ditches if the City Council finds that the public purpose requiring such will not be served in the individual case. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, DEVELOPMENT GROUP VARIANCE - FF & CL Page -6 • • ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which is pertinent to the Application: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. . 6. That the City Council is considering changing the Ordinance regarding the. piping of large ditches; that the Ordinance may be changed to only require tiling where the size of the pipe require to the the ditch is forty-eight (48) inches or less; the Council has granted variances where the size pipe to the the ditch has been greater than forty-eight (48) inches. 7. That the specific requirements regarding a variance that must be evidenced and found by .the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the DEVELOPMENT GROUP VARIANCE - FF & CL Page -7 • • subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance.. c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho .Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the ditch was in existence at the time that the Applicant purchased the property; that the City has required other developers to the ditches; that the granting of this variance would be of specific economic gain to the Applicant because the ditch would not have to be tiled and such would save the Applicant money,. $280,000.00; that the variance would be of benefit to the Applicant because other developers have had to pay for tiling of ditches; that it is likely that additional residential development would occur on the west side of the ditch. 8. That it is concluded that the size of the ditch is a DEVELOPMENT GROUP VARIANCE - FF & CL Page -8 • • substantial reason for having the ditch tiled rather than a reason for granting a variance from the requirement of tiling it; the Applicant stated at the hearing that the size of the diameter of the the to pipe the ditch would be 52 to 60 inches; that no specific data was put forth that the ditch would require more than a 48 inch diameter the to pipe the ditch; that the testimony of Gary Smith, Meridian City Engineer indicates that N & M, the operator of the ditch, is of the opinion that a 48 inch pipe could be used to pipe the ditch. 9. That the City has granted variances where the size of the would be 48 inches or greater; that the Applicant did not submit any evidence that the the size would be greater than 48 inches. 10. That it is concluded that the size of the ditch is a substantial reason for having the ditch tiled rather than a reason for granting a variance from the requirement of tiling it. 11. That the requirement of tiling ditches is a health and safety requirement; that there are children who drown in ditches in Ada County and the Treasure Valley almost every irrigation season, particularly in ditches the size of the Kennedy Lateral; that the City has experienced a public outcry from residents adjacent to a ditch in Glennfield Manor to have a ditch tiled when the developer failed to the a ditch many years ago which was shown on the plat of the subdivision that it would be tiled but was not. 12. That regarding Section 11-9-612 A. 2., regarding the cul- de-sac length, it is specifically concluded as follows: DEVELOPMENT GROUP VARIANCE - FF & CL Page -9 • • a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the ditch tiling Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted since the ditch and the tiling requirement were in existence when the Applicant purchased the property; that there were no factors, physical or economical, unknown to the Applicant that support a granting of a variance. c. That the granting of a variance would be detrimental to the public's welfare and possibly injurious to the public. d. That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 13. That it would not be in the best interest of the City to grant the variance; that the public purpose requiring tiling would not be served by the granting of this variance; that it is concluded the Application for a variance from the 11-9-605 M PIPING OF DITCHES should be denied. DEVELOPMENT GROUP VARIANCE - FF & CL Page -10 . ,. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-9- 605 M is denied. APPROVED: DISAPPROVED: DEVELOPMENT GROUP VARIANCE - FF & CL Page -11 • • MERIDIAN CITY COUNCIL MEETING: September 20.1994 APPLICANT:JHE DEVELOPMENT GROUP AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING VARIANCE REQUEST FOR ELK RUN SUBDMSION NO 1 AND 2 A NCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTAHCED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTAHCED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: 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: BUREAU OF RECLAMATION: OTHER: r UB 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 MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. Clty 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 8 Zoning Administrator GORDON, Police Chief W.L. "BILL JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 15, 1994 TO: Mayor & Council FROM: Gary D. Smith, PE ~~t.o„~",•r RE: ELK RUN SUBD. NO. 1 AND N0.2 (Variance Request to lye Tile Kennedy Lateral) I have reviewed this submittal and offer the following comments for your information and or u_se as conditions of the applicant during the hearing process: Gary Lee, PE/LS, engineer for the applicant, has submitted hydraulic calculations showing the size of pipe needed to carry the flow as required by the Nampa and Meridian Imgation District. (NMID). • Flow = 3300 Miner Inches = 66 Cubic feet per second. • Pipe diameter required if a 0.29 foot increase in water surface elevation is allowed by NMID at the box culvert crossing S.H.69 = 54 inches. • If the 0.29 foot water surface elevation increase is not allowed, approximately 660 feet of 60 inch diameter pipe in the 2505 feet of length would be required. 2. NMID has testified that they do not presently have an adequate maintenance road width along the boundary of the Elk Run No. 1 Subd. Correspondence has occurred between NMID and the Development Group concerning this roadways width, the need for movement of existing fences along with the need for the Development Group to enter into a License Agreement with the NMID to encroach into their easement. I am certain NMID will submit comments to you on this applicants request. I am attaching a photocopy of all correspondence I have received from NMID and The Development Group on this issue. 9 August 1994 Meridian Planning 33 East Idaho 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 & Zoning Commission ~~~~~~~~, Boise 345.2431 Meridian, Idaho 83642 AUG ~ 5 199; Re: Elk Run Subdivision No. 1 QTY ~fi ~+I>V• ~;,~}.~~~ Elk Run Subdivision No. 2 Dear Commissioners: Gary Smith, Meridian City Engineer, informed me that the developers of Elk. Run Subdivision No. 2 are asking for a variance on the piping of the Kennedy Lateral because of the size and the cost of the pipe. We were told by the developers of the Elk Run Sub- division that the Kennedy Lateral would be piped, and believing this information, Nampa & Meridian Irrigation District allowed fencing to encroach on the Kennedy Lateral's easement. The right- of-way on the Kennedy Lateral is 55 feet: 20 feet to the left and 35 feet to the right of center facing downstream. The fencing that was installed in Elk Run Subdivision No. 1 is too close for a backhoe or a large truck to course along the Kennedy Lateral for routine operation and maintenance. Nampa & Meridian Irrigation District will protest any and all waivers on the piping of the Kennedy Lateral until the problem of the fencing is resolved. We are asking that the City of Meridian hold all permits in the Elk Run Subdivision until the encroachment on the Kennedy Lateral is worked out to our satisfaction. Sincerely, Bill enson Assistant Water RECE/V,E1~ Superintendent pc: Each Director Secretary of the Board District Water Superintendent File AUG i 5 1994 Nteridian Cii3r Engineer APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 i ,` MPANY p.0. Box 480 • Meridian,ldaho 83680 • (208) 887-5622 • Fax (208) 887-5619 August 18, 1994 John P. Anderson RECEIVED Nampa & Meridian Irrigation District 1503 First Street south AUG 1 8 1994 Nampa, ldaho 86351-4395 l~ieridian City Engineer Re: Elk Run Subdivision 1 & 2 Deaz John, I am in receipt of Bill IIensorr's letter dated August 9, 199 to the City Cornmis.~on requesting all permits in the above mentioned subdivisions be held until the situation re ding the Kennedy Lateral is resolved I am sure a simple Developer's Agreement with Nampa 8c Meridian Irrigation District would be acceptable to both parties. Further, l feel that we should try to expedite this agreement as soon as possible I am in need of a brief letter acknowledging acceptance' of this proposal to Gary Smith, Meridian Cily En~rreer, while you are generating above mentioned Developer's Agreement. It was my understanding that in L•llc Run Subdivision #1 the city would. require us to file the Kennedy Lateral. It has since been brought to my attention chat because of the diameter of the tiling required (56") that we would be allowed to fence versus tiling. I understand that there is an encroachment by a few of the fences along the east boundary of Qie Kennedy Lateral in Elk Rwi Subdivision #I. We will be happy to relocate the fences involved m accommodate your equipment. In Elk Run Subdivision #2 the fences will be appropriately planed. 'The time frame for such relocation of fences in Ells Run Subdivision #1 should take no longer than three (3) weeks. Tf this u acceptable by the Nampa & Meridian Lrigalion District please reply imrnedialely to confum these facts. of Development cc: Gary Smith Meridian City Engineer ~' ~ ~ . ~~l~ei~ ~ ~Fxp~tr~~m~, ~:I~>nr~~r~~~ A I 1 UFtNEYS nNt7 COUNSt-1(~R?; ~~ L~w - t'.O. BOX t U 77 Il)AHn sTrtff 1 I IERIf A(9C [)I UG . `il)I11 :ti)A MEHIUfAN, IOAI IU H36E4f) I•IOWARQ fi FOLEY PI InNE (208) 888.91 t t MARK S. FREEMAN TEI.ECOPIER (20F3) 8AA•51:30 August 19, 1994 FACSIMILE TRANSMISSION Nampa & Meridian Irrigation District RECEI E/E~ Attn: Bill Henson - Asslstant Water Superintendent - AU~ ~ 9 ~99~ 1503 1st Street South Nier>ldian Nampa, Idaho 83651-4395 12081888-6201 ~~ Engineer Re: Elk Hun Subdivision No. 1 & No. 2 Dear Mr. Henson: As you are. aware from our previous meeting this afternoon, our office represents the Development Company, the owners of the above named subdivisions. Based upon my conversation with Bill Hardt, it is my understanding that Mr. Hardt, yourself, as well as John Anderson met at Elk Run at approximately 2:30 p.m. this afternoon to discuss and review the location of certain fencing within the Kennedy lateral easement. It is my understanding that an oral agreement was reached between the Development Company and Nampa & Meridian Irrigation District whereby it was agreed that the existing fences in the Eik Run No. 1 Subdivision would be located at least fifteen (15) feet from the edge of the water to the picket's edge of the fence. In addition, it was agreed that in respect to Eik Run Subdivision No. 2, that no fences would be located within sixteen (16) feet of the edge of the water. In addition, Mr. Hardt agreed to have his engineer perform a spot check to determine areas in Elk Run No. 1 where the fences encroach inside the fifteen (15) foot easement. Mr. Hardt has indicated to me that he hopes to have all work completed within the next thirty (30) days. AUG 19 '94 16 13 208 888 5130 PAGE.02 • As you are aware, my client no longer owns the land upon which the fences in question in Elk Run No. 1 are located. As part of this agreement, my client will approach the homeowners and inform them that he is willing to relocate the fences at his sole expanse. Obviously, my client must obtain the permission of the homeowners before any such work may be undertaken. Please contact me at your earliest convenience in the event 1 have misstated the substance of the parties' agreement. Sincerely, FOLEY & FREEMAN, CHARTERED ..~' a .Freeman MSF:kl1 cc: Client Gary Smith, Meridian City Engineer REC~~ L'ED AUG 1 9 1994 meridian City Engineer ._ ._ ~....~..._ .._. _. _._. TOTAL P.03 AUG 19 '94 16 13 208 888 5130 PAGE. 03 72a~sr~ia & ~~i~tdta~c 7~rgauaec D~a.~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 22 August 1994 William C. Hardt The Development Company P.O. 480 Meridian, Idaho 83680 Dear Bill: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The letter is to follow-up our meeting of August 19, 1994, which was a field inspection of the fence in Elk Run Subdivision No-. 1 and included discussion on the proposed fencing along the banks of the Kennedy Lateral in Elk Run Subdivision No. 2. At this meeting, which Bill Henson attended along with you and I, it was agreed that if you met the following conditions, we would request that Gary Smith act with the Mayor and Members of the Meridian City Council in regards to revoking your certificate of occupancy permits. You are to have the fences moved in Elk Run Subdivision No. 1 so that the District will have a minimum of a fifteen foot roadway. A License Agreement will be completed that states that if this fence is destroyed during the course of normal operations or during emergency services, the District will not be held responsible. You said that you would deal with the land owners and complete the work. On the two lots to the north, which are as yet unfenced, you agreed that you would move back a minimum of two feet which would leave approximately sixteen feet of usable roadway for the District's machinery. RECEI V,ED i jet .-~ 3~%-~~~ 1• AUG 2 4 1994 ' h~endian - (;ity Engineer APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ' ~ `t 22 August 1994 William C. Hardt Page 2 Contact Nampa & Meridian Irrigation Districts attorney, Andy Harrington at 342-4591 and request that he prepare a License Agreement for encroachment (preferably for both Phase I and Phase After you have signed the 2) so that we can get this behind us. agreement, it ble boardfineeting fors their/s gnat re and approvalt the next availa If you find any of this information incorrect, please contact me immediately so that we can get this resolved. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington _Gary Smith, City of Meridian Bill Henson Rider 5 File 1~INGERT ~C~ CLARI CHARTERS LAWYERS • r August 26, 1994 \Vllliam F. Ringert D. Blau Clark .Vldrew N. Hamn$ton lames G. Reid Je(ttey R. Christenson James P. Kaufman Patrick D. Furey Latua E. Bum nllyn L. Sweeney Davitl Hammerqul5t Daniel v. 51eerLSOn Steven C. Stahalfy Samuel Kaufman 11921-198G~ RECEIVED Mark S. Freeman Attorney. at Law AUG 2 9 1994 P.O. Box 10 l~ier><dian Meridian, Idaho 83080 City Engineer Re: Elk Run Subdivisio Nos. 1 rid 2 (The Development Company) Dear Mr. Freeman: John Anderson of Nampa & Meridian Irrigation District has given me copies of your letter to Bill Henson dated August 19, 1994 and of his letter dated August 22,. 1994 to William C. Hardt~ of The Development Company. John's letter was dictated before he saw your letter. I have also spoken with John on the subject. John's letter to Mr. Hardt states the District's position. We have a couple of comments in regard to your letter. The distances are from the top of the bank, the standard expression among irrigators, rather than the "edge of the water" used in your letter. Second, we respectfully cannot accept merely an attempt on the part of Mr. Hardt to discuss fence relocation with the present lot owners. We must have a signed license agreement by The Development Company covering all fences or The Development Company, if it chooses, must procure the signatures of the affected owners to individual license agreements or a joint license agreement signed by each owner. The District holds The Development Company responsible for improper installation of the fence and for satisfactory fence relocation. John Anderson of the District was told that Kennedy Lateral would be placed in a pipe by the developer in which case location of the fence at its present site was acceptable if not ideal. The Development Company later decided not to install the pipe but left the fence in the location as if a pipe were to be installed. The District should have been notified of this change in construction plans. Had it been notified, it would have required location of the fence in the now required location with avoidance of present relocation problems. The 15 foot width required in Elk Run Subdivision No. 1 is an absolute minimum and permits a fence encroachment of 20 feet within the District's right of way. There is a well-defined passage way along the 15 foot area required by the District. The District views the fence in its present location as a trespass. It interferes with the District's secondary easement of maintenance and repair and is subject to removal by the District. -1.55 South Third Streer • P.O. Box 3 ~ 7 3 • Boise. Idaho 83 ~ O 1 • 308/342-4591 F~'\X 342--1.657 • ~ The license agreement proposed .by the District is an alternative to a trespass dispute. If you will send information to my office necessary for preparation of a license agreement, one will be prepared in one of the alternate forms suggested above. I know that we need at least the legal name of The Development Company, the kind of entity it is, its address and telephone number, legal descriptions for Elk Run Subdivisions Nos. 1 and 2, and an 8 1/2 x it plat or other drawing showing with numbers the location of the fences as required in John Anderson's August 22 letter. I send a copy of this letter to John Anderson and ask John to correct or supplement any statements I have made that he care to. I also send a copy of this letter to Gary Smith. Yours very trul , An rew M. Harrington AMH/1lw cc: Gary Smith John Anderson Pc - Wa.~w~, Ctirooks~w~. - •- Wi li 1,er~ 1 HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. KENNY W. BOWERS, FlreChief W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~ i..., re ;: ~. s ~ r.•. ,~, Phone (208) 888433 • FAX (208) 8873813 ! ~=<.y ~ L ~ z ~~` Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ,~ I.,s ~ ~ j ~ f~~/~ Mayor ~/yy yy COUNCIL MEMBERS RONALD R. TOLSMA MAkYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner b Zoning Administrator JIM JOHNSON Chairman • Planning 8 2on~ng TRANSMTTTAL 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: September 13. 1994 TRANSMITTAL DATE:. 8129/94 HEARING DATE: 9/20194 REQUEST: Variance request for Elk Run Subdivision No. 1 and 2 BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S. Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C 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 81 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ A LAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., Clty Cterk e CITY OF MERIDIAN neer GARY D. SM TH, P.E. Clty Eng BRUCE D. STUART, Water Works Supt. JOHN T. SMAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, PoHCe Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (Z08) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner eS 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 13, 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9/20/94 REQUEST: Variance request for Elk Run Subdivision No. 1 and 2 - BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S. Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 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 _~4DA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES ~ OTHER: a ' .3d `~ YOUR CQNCISE REMARKS: «.t .tt 'y'~. ~ s I`~~s ~' CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division Conditional Use # Pr liminary /Final, Short Plat ~~~a `~ Return to: 5~~ i 4 i~~~ ^ Boise ~9~,~ 't' (~~' l~a:_2~:'i 1~`~ ^ Eagle ^ Garden city .Meridian ^ Kuna n ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. .Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 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 ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ 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. 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 3. jti is ~ ~= N a ~~ i3 I c= c;?a,~ S Date: ~~ ~'~' ~~ Reviewed By: ~ fDHD 10/91 rcb, rev. II(93 jll SAP 0 6 1994 ~~~~~ ~i4" ~"~L~tE.3il~l;i~i ~ & ~~~ ~~g Drat 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 September 19 9 4 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Gary A. Lee, Project Manager Boise 345-2431 J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 RE: Elk Run Subdivisions No. 1 and No. 2 - Pressure Urban Irrigation System - Letter Dated 30 August 1994, Received 1 September 1994 Dear Gary: I write in response to page 2 paragraph 2 of the above-referenced letter and topic. When the appropriate construction contract for the proposed pressure urban irrigation system has been signed and accepted by the Nampa & Meridian Irrigation District and plans submitted to the Irrigation District that are in compliance with the standard specifications for a pressure urban irrigation system of Nampa & Meridian Irrigation District, then the District will assume ownership, operation and maintenance responsibilities of the pressure urban irrigation system. The District will also inspect intermittently and do a final test and inspection of the system before final acceptance is granted. I would encourage your client to contact Nampa & Meridian Irrigation District's legal counsel, William F. Ringert or Steve Mahaffy at 342-4591 for discussion concerning the construction contract and all other related documents. Page 1 of 2 ~Oop~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 2 September 1994 Gary A. Lee Page 2 of 2 Should you have any questions concerning this topic, or require additional information, please call on me at the District's office. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Ringert Attorney - Mahaffy Meridian Planning & Zoning Meridian City Engineer Ada County Development Services - Priester Ada County Planning & Zoning John Sharp - District Engineer 08/ 1/94 1 - 1/00 • . 1 U-B ENG~E1tS, INC. 250 South Beechwood, # 201, Boise, ID 83709 FAX To: Shari Stiles Company: City of Meridian Phone: 888-4433 Fax phone: 8 87 - 4 813 CC: Date: August 31. 1994 Number of pages including cover sheet: 5 From: Gary A. Lee Project: Elk Run Sub . No . 2 Project No.: 18 5 3 0- O S Development Group Phone: (208) 376-7330 Fax phone: (2 0 8) 3 2 3- 9 3 3 6 R)CMARKS: ^ Urgent ® For yow review ~ Reply ASAP ^ Please comment Shari, Enclosed is a supplemental narrative that you requested concerning the variance application for the Kennedy Lateral piping at Elk Run Subdivision. Qlease call if you have any questions or wish to discuss this further. Your consideration in this matter is greatly appreciated. Gary AUG 31 '94 12 07 208 323 9336 PAGE.01 08/31/94 12:06 $208 J2~ 9a~6 J-U-B ENG. BOISE 002/005 SUPPLEMENTAL NARRATIVE FOR A VARIANCE APPLICATION BY THE DEVELOPMENT GROUP TO NOT PIPE THE KENNEDY LATERAL 1. Address of subject property: 2005 S. Meridian Road Meridian, ID 83642 2. Name, address and phone number of applicant: The Development Group 1903 S. Gull Cove Place Meridian, ID 83642 3. Name, address and phone number of owners of subject property: The Development Group 1903 S. Gull Cove Place Meridian, ID 83642 (208) 887-5622 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner: Copy of Warranty Deed No. 1497001118 submitted with application. 5. Legal description of subject property: Copy of written Legal Description dated November 16, 1993 submitted with application. 6. Present use of subject property: Agricultural pasture lands, which have not been farmed for a few number of years. 7. What is intended to be done on or with the property: An application has been submitted for a residential subdivision known as ELK RUN SUBDIVISION N0. 2 AUG 31 '94 12 07 208 323 9336 PAGE.02 08/31/94 12:07 08 323 9$~6 J-U-B ENG. BOISE S. The district that pertains to the subject property: The parcel has been annexed into the City limits of Meridian and is zoned R-4. 003 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required: A vicinity Map is submitted with-the application. io. schematic building plans which indicate typical elevation and floor plan of any proposed construction: Not applicable, the variance is to request that the developer not be required to file the Kennedy Lateral. 11. A list of the mailing addresses of all property owners (from authentic tax records of~Ada County) within three hundred (30C) feet of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered: The name list is submitted with the application. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance: The piping of the Kennedy would require the installation of a 54 to 60 inch irrigation pipe to accommodate the anticipated flow as determined by the Nampa and Meridian Irrigation District. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use: The city currently requires that all irrigation ditches within new subdivisions require tiling_ However, the City has allowed ditches that require a pipe size of larger than as inches to remain open ditches and not be piped. 14. Difficulty or~hardship which would result if requirements of this Ordinance were applied to subject property: If the developer was required to the the Kennedy Lateral it would put him at an unfair dis-advantage with his competition, who have been granted variances in similar AUG 31 '94 12 08 208 323 9336 PAGE.03 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~UB OF TREASURE VALLEY 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 GRANT P. KINGSFORD Mayor CONFIDENTIAL MEMORANDUM TO: Mayor and Council ~~-~D FROM: Shan .Stiles, Planning & ~ning Administrator DATE: September 18, 1994 COUNCIL MEMBERS RONALO R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 6 Zoning SUBJECT: Variance Request to Allow Tiling of Kennedy Lateral -Elk Run Subdivisions Nos. 1 and 2 The Developer originally requested a variance for Elk Run Subdivision No. 1. The first public hearing was held April 6, 1993, with Findings of Fact and Conclusions of Law approved on April 20, 1993. The variance was denied. The Developer asked for reconsideration of the variance on June 15, 1993, which was also denied. The Developer proceeded to fence the ditch instead of tiling, and has encroached 17' into Nampa-Meridian Irrigation District's easement. The remaining area is not sufficient for equipment to maintain the ditch. Nampa-Meridian Irrigation District allowed fencing to encroach into their easement only because the Developer assured them the Kennedy Lateral would be piped. Nampa-Meridian is protesting this variance and has asked that Meridian hold all permits until the issue is worked out to their satisfaction. Property owners were also promised the ditch would be tiled and have installed extensive landscaping, in many cases immediately adjacent to their back fences. I informed the Developer we would not sign the plat for Elk Run Subdivision No. 2 until this issue is resolved and a license agreement with NMID is submitted. He (Bill Hardt) became verbally abusive and said it had nothing to do with me, it was between him and Nampa-Meridian Irrigation District. I said it did have something to do with me as it is a requirement of our ordinance and he had signed a development agreement for Elk Run No. 1 which states ditches will be tiled or the property would be subject to de-annexation. I also told him I would not prepare a development agreement for Elk Run Subdivision No. 2 until the issue was resolved. He stated I must be sitting around the coffee table looking for things to delay his project. (At this point, I hung up on him.) I believe the only workable solution to this problem is to require the tiling of the ditch in accordance with City Ordinance, in accordance with representations made by the Developer, and in accordance with the signed development agreement stating that all ditches will be tiled. Development agreements are much like protective covenants --- if there is no enforcement of any condition, remaining conditions may be declared null and void. If development agreements are not going to be enforced, please let me know so I do not waste my time, your time, and that of the City Attorney on these development agreements. • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY 0. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, wears water supt. 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 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON 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 City Council, please submit your comments and recommendations to Meridian .City Hall, Attn: Will Berg, City Clerk by: September 13, 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9/20/94 REQUEST: Variance request for Elk Run Subdivision No 1 and 2 BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CiC WALT MORROW, CiC 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 8 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • • CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME : Development Group (Elk Run Sub. No. 1 & No. 2) PHONE 887-5622 (Owner or holder of valid option) ADDRESS : 1903 S. Gull Cove Place, Meridian, ID 83642 GENERAL LOCATION: S- of Overland Road, West of S. Meridian Road LEGAL DESCRIPTION OF PROPERTY: See Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. (see attached) PRESENT ZONE CLASSIFICATION R-8 and R-4 ViCiNITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300 radius of the parcel(s) proposed for a Variance must be. attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: To allow fencing of the Lateral in lieu of installing an irric and the d~c~h. The required pipe size is 54-60 inch diameter. ~~ SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By + • • REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the app 1 i cat i on . See plats of Elk Run Subdivision No. 1 and No. 2. 1. What i s i ntended to be done on or with the property? The property is being developed into a single family residential project in R-4 and R-8 zone as approved by the City of Meridian. The variance is a request to install a fence along the Kennedy Lateral along the project's west boundary in accordance with Nampa and Meridian Irrigation District. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings i n the same d i s t r i c t ? Due to the size of the Kennedy Lateral and the amount of water flowing through it, it would require a 54-60 inch pipe to meet the needs of the irrigation district. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? The ordinance in question was intended for smaller irrigation delivery ditches (48-inch and smaller) and should not apply to the larger irrigation laterals (larger than 48 inches). 4. What special conditions or circumstances exist that were not a r e s u l t o f your actions ? The City of Meridian has allowed variances for other land owners when piping of the lateral exceeds 48-inch diameter. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? Similar variances have been granted for other land development projects by the City. ~~ u-B En~~neers Surveyors Planners • . Project: 18530 Date: November 16, 1993 LEGAL DESCRIPTION ELK RUN SUBDIVISION N0. 2 PLAT BOUNDARY A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.iW., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Lot 4 and Lot 5, Block 1, of Elk Run Subdivision as shown on the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; AND Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4, of Section 24, from which the Northeast corner of said Section 24 bears North 00 37'36" East 2,649.87 feet; thence along the East-West midsection line of said Section 24 North 89°34'30" West 65.00 feet to "a point on the Westerly right-of-way of South Meridian Road, the TRUE POINT OF BEGINNING; thence continuing along said East-West midsection line North 89°34'30" West 72.10 feet; thence leaving said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances: 1. North 30°37'30" West 139.10 feet; 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" west 82.05 feet); 4. thence North OS°46'22" East 39.11 feet, (formerly known as North 04'28" East 86.00 feet, more or less), to the Southwest corner of said Elk Run Subdivision; thence leaving said centerline of Kennedy Lateral and along said Southerly boundary of Elk Run Subdivision South 89°52'45" East 824.61 feet, (formerly known as North 89'06" East 828.02 feet), to a found 5/8" iron pin and cap marked P.E./L.S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North O1°01'15" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55'45" East 87.74 feet to the Southeast corner of said Elk Run Subdivision, said point being monumented with a fcund 5/8" iron pin and cap marked P.E./L.S. 3260, said point being on the Westerly right-of-way of said South Meridian Road. ` (I • • .~J.u Engineers Surveyors Planners Project: 18530 Date: November 16, 1993 Page: 2 - Description for Elk Run Subdivision No. 2 Plat Boundary thence along said Westerly right-of-way South 00°37'36" West 1,352.10 feet to the TRUE POINT OF BEGINNING. Containing an area of 14.25 acres, more or less. SUBJECT TO: All existing road right-of-ways and easements of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. GAL:ls Gary A. Lee, P.E./L.S. ~i-uJ August 24, 1994 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beachwood Avenue, Suite 201 Boise,ID 83709-0944 208/376-7330 FAX: 208/323-9336 .~~~~~~~ Al.i~ 2 5 1984 ~a~rv of ~~~~D~~ RE: ELK RUN SUBDIVISION NOS. 1 AND 2 The Development Group - Kennedy Lateral Piping Variance Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Variance Application for the above subdivisions. As stipulated by said ordinance, please find enclosed the following: 1. 20 copies of a Variance Application from the Development Group to allow fencing of the Kennedy Lateral in lieu of piping of said lateral. 2. A copy of a Warranty Deed showing proof of ownership of said parcel of land. 3. 20 copies of the written legal description of said parcel. 4. 20 copies of a vicinity map at a scale of 1"=300' showing the location of the parcel. 5. A list of the current owners of surrounding property within 300 feet of the parcel. 6. Check No. 1855 in the amount of $275.80 for the application fee from The Development Group. Also, per City requirements, on behalf of the developer, The Development Group, we wish to offer further information to support this request for a variance as follows: The Kennedy Lateral, as it is situated on the property now, does not lend itself to tiling or covering. The lateral was originally constructed along a natural ridge as was further built up for delivery of irrigation water. To the this ditch now would require that a siphon be installed to bury the pipe to a sufficient depth to allow proper roadway covering and to set it below the surrounding natural ground elevation. Other lands in the immediate vicinity of this portion of the Kennedy Lateral will experience the same difficulties. These lands should also be granted variances to fence in lieu of tiling. • ~; ,, .., . . . ~~ WARRANTY DEED 1.}9:UUlily ~ ~, g 3 I. y F17r Valts Rar~aivad ,.,. • g w ~_ R7batt L. C3a'1aCanast std Darts Marie Qtriststsan, lttabsd ettd wife,;, jt her>airtsfter ztafarrad to as Glartt~, does hst:aby Qrartt, 17art~lrt, sell. and oatuay tat:, ~''~~~~" DsvelopaetRGl~up, a partnezstup `3-'- i7 Itexainaftar ttafaa:ad t4 as C~cattaa, vAtose tsaza+t address fa - 370• Caalie, Balcerafleld, Ct• 93311 . ;~ the lollcwinQ dasslbsd pratniaea, tD-wit: "; '. ~ Sas Attadtad Lepnl Oescsipttan hra'eEO and nods a part htsseof. ' . x 3.2 9 13 i 7 .-:; .. F111Q1'AMEflICAN TITLE CO. • r' .~' RECORDER `~g~~,~~lyJ ~~.~,Q ~ i3 , ..., .~•. r f '92 OEC 31 PSI 3 48 .'~~''- "~. '1o WWE nw '[v HDta tt>o said proatses, with tha3r apptautstoaa iatto the tllSld -~~ ~, . Ora:ttas, h1s ltaiis and esiQfs fae*tvar. And the acid Qattor does het:t.~fy oovenstt to and with tlfa said Grarttws. tdtst atantor la the awttas in foe ample of said . r prettiaes: that ,aid proatws a>:e irta>: ffvn ell enantbrettoee ~ au'ctstt yaws taws, levies, end a9eeseastb, end ettL~pt U. 5. Pet~rt t:eeelvetiotta. ttsstSittit7ns. eaaalottts of ro0oed. std eosat~tts vlsfble ~pQt the pltaniaea, end that C;t'ontQC will warrstt std dsftlstd t9ne emte ft:vn all rlafne whataotaver. Oeta>d: Qoo~tOar ";O , 1992. 1 ~ ' ~ i FbbF3't L. Cltriststsm I]7tro fMr1C Qtrfat~31 ---- _^+TAT7i C+F IDrWD 1 ~ a~ ~ Q>tAJ1Y OF Adn 1 ' Ctn 'fiia ,f:t.dey of DnanmbPS. to thn •rmr 1?92. trfmr ~. n `4Giry ttiblic in end for avid Ste0p. parvtelly appaefal Flotrrt L. (hrlstatrsn ottd ITnrn Msrf~ r~r+~ wtar nrnt~s orc autarlff7t~f ~ tz tJr Vt' o t I ifi l t Ch i t Sd ~ . o tw Q1QAt or 9tt at t t ertsm, a *d U1e withtn Inatrtne+t. and ecivtcvlFdgEd tt ne that Ury rvte~a~ttxl U>e s!tne. I • 1~ , ,. S ~~. d ~ 1~.... .,~ . ~tabllc [or id~ y ~ t~te I ry a 1~ y 't wwfdim of Wine. 1dNv o ; C ~Y>Innifwim Dgttrvw: til,.9fi C w ~ '* P J• First Am.ericu7r2 Title Company of Idaho r. ~- .. __. .._ 1 e.~ r-- - ~ ~. • rl r~ 1 ~S j ~ ~ , !~ • ~ • ~ i • -• ~ • ~ ... ~ ~ ,3-~~ r .~ ~. ~ ~ w C avEhP'F' OR ~ :• ~ ~S~ z9 ~ ~ i~ is~ ~ ,a' ~6 29I 2b~.}~~ ~S ~2 i ' d ~ :"_~` •~ W SO 21 r" 1 i 6 (~ ~ i 9 ' i9 p U ~ s ~ 32 zs 's ' e ~T~ a _, .r s ~'' °C ss n ~..~, ~~~ J~ O sa 2i 2v s . ~ ~ i .` -- -----5 -----~ -- 4 ' ~ ~ ~ 7 ~ ~ i PR JECT ~ ~ SITE ~ • ~ ~ . ~~ r a • N. • , ,. ',~'- ~ i ~ ~ »~ ~ • = 300' i HaNinr M~ '~ FOR ~'~~, VARIANCE APPLICATION • ..,. i _ ~u~B o+w+~s • sueveYans • auNr~ns OR ' - w s~r~trs~~ ~~ I ~ I .: ~ °~A O I~ ~ S . '~G~ _ - ,_ - ~ i ~` 4 1 "*' G ..- ~' i .y j - ' ~ ~ 5 I~ ,a ~- ~~' - -_ `~~J~ • DC )EVELOPMENT COMP September 1, 1994 City of Meridian ATTN: Sheri Sides 33 East Idaho Meridian, Idaho 83642 Y P.O. Box 480 • Meridian, Idaho 83680 • (208) 887-5622 • Fax (208) 887-5619 RE: Variance Application for Kennedy Lateral Elk Run Subdivision Dear Sheri, Please accept this letter as formal notification that the above mentioned property as been posted with a legal notice as per the City of Meridian for the September 20, 1994 council meeting for the above mentioned variance application. Sincerely, C,~~~ C ~. L- ~ ~ ~.~ Lisa Checchi Controller THE DEVELOPMENT COMPANY • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 9 August 1994 Meridian Planning & Zoning Commission 33 East Idaho Meridian, Idaho 83642 Re: Elk Run Subdivision No. 1 Elk Run Subdivision No. 2 Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 ~~~~~~~~ Boise 345-2431 AUG 1 5 1994 Gary Smith, Meridian City Engineer, informed me that the developers of Elk Run Subdivision No. 2 are asking for a variance on the piping of the Kennedy Lateral because of the size and the cost of the pipe. We were told by the developers of the Elk Run Sub- division that the Kennedy Lateral would be piped, and believing this information, Nampa & Meridian Irrigation District allowed fencing to encroach on the Kennedy Lateral's easement. The right- of-way on the Kennedy Lateral is 55 feet: 20 feet to the left and 35 feet to the right of center facing downstream. The fencing that was installed in Elk Run Subdivision No. 1 is too close for a backhoe or a large truck to course along the Kennedy Lateral for routine operation and maintenance. Nampa & Meridian Irrigation District will protest any and all waivers on the piping of the Kennedy Lateral until the problem of the fencing is resolved. We are asking that the City of Meridian hold all permits in the Elk Run Subdivision until the encroachment on the Kennedy Lateral is worked out to our satisfaction. Sincerely, ~~ Bill enson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • MERIDIAN CITY COUNCIL MEETING: April 19. 1994 APPLICANT: THE DEVELOPMENT GROUP AGENDA ITEM NUMBER: 11 REQUEST: FINAL PLAT: ELK RUN SUBDIVISION NO. 2 AGENCY COMMENTS CITY CLERK: ~~Q "C~~ ~ CITY ENGINEER: SEE ATTACHED COMMENTS [f~SvN" ID/n~// CITY PLANNING DIRECTOR: P~ ~" ~~ 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: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: UB 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" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor and City Council From: Gary D. Smith, PE , Date: April 12, 1994 RE: ELK RUN SUBDIVISION NO. 2 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the decision making process: 1. This plat is in conformance with the previously approved preliminary plat for street alignment and lot arrangement. 2. Although our ordinance requires a 5 foot easement on each side of interior lot lines, US West and Cable T.V. has recently requested a 10 foot easement on each side of rear lot lines. 3. Submit final street name approval memo from Ada County Street Name Committee. 4. Obtain a license agreement from Nampa & Meridian Irrigation District prior to doing any piping work. 5. Wayne Forrey mentioned in his review of the preliminary plat that the ditch easement could be reduced to 20 feet with piping of the ditch. Check with NMID. (What is the status of the fencing installed along Kennedy Lateral in Subdivision No. 1?) 6. Establish the elevation of the highest seasonal groundwater level to aid builders in setting their bottom of footing one foot above that point. 7. In the Certificate of Owners there are two minor discrepancies: Line 9 -Symbol for degrees for 41 °37' Line 26 -Bearing 88°55'46"? in lieu of 45"? • HUB OF TREASURE VALJ~EY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk 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. sHAwcaoFT. waste water supt. KENNY W. BOWERS, Fire Chiei IDAHO 83642 MERIDIAN W.L. "BILL" GORDON. Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phorte (2OH) HHH-0433 • FAX (208)887-4813 Public Works/Building Department (Z08) 887-221 ! GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner d Zoning Administrator JIM JOHNSON Chairman • Planning 8, Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ~N DEVELOPMENT PROJECTS WITH THE CITY Off' MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 19 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/x/94 REQUEST: Final Plat: Elk Run Subdivision No. 2 BY: The Development Grouq and Garv Lee/JUB_Engineers LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 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 HIG&'I~fAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER GO.(PRELIM & FINAL PLAT) U.S. WEST(PREI.~A & FINAL PLAT) INTERMOUNTAIN' GAS(PRELIM & FINAL PLAT) BUREAU OF RE TION(PRELIM & FINAL PLAT) CITY FILES ~x `~ _ /~ ~ _ ,~ YOUR CONCISE ~~ ..4.: _... ~..... . s 1 ^~ 1 HUB OF TREASURE VALLEY OFFICIALS PIaoe IOIO L1VC A GOOCI COUNCIL MEMBERS _ RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer ~ ~) T T D IAN ^ ITY OF ~ MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer `/ i 1 ~ ~LI WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. ~ Planner 8 Zoning Administrator KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 832 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 ~ FAX (208) 887.4813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD •. Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS Y/ITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/x/94 REQUEST: Final Plat: Elk Run Subdivision No. 2 BY: The Development Group and Gary Lee/JUB Engineers LOCATION OF PROPERTY OR PROJECT: Wighway 69, south of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDLAN 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~~ 3 ~` YOUR CONCISE REMARKS: i""1 t h ~''3 v ~ - 3. i n ~- ~ERINTENDENT OF SCHOOLS Bob L. Haley ~~R EXCE~`~ DEP Dan Mabe, FlinanceD& Administration C'! 'y DIRECTORS ? ~~~-~~~ ~ Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Q Christine Donnell, Personnel y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAHO 83642 PHONE (208) 888.6701 April 4, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Elk Run Subdivision No. 2 Dear Councilmen: ~~~~~~~ APR 0 7 1994 I have reviewed the application for Elk Run Subdivision No. 2 and find that it includes approximately 44 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 18 elementary aged children, 14 middle school aged children, and 12 senior high aged students. At the present time Mary McPherson Elementary is at 119$ of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123$ of capacity. The Meridian School District is not to 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. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~ 72~e~ Dan Mabe Deputy Superintendent DM:gr SUBDIVISION EVALUATION SHE ~~~;~~ APR 1 5 1~9~ Proposed Development Name ELK RUN SUB NO. 2 City M~~i4~NF ~~a?:~~~~d Date Reviewed 4/7/94 Preliminary Stage Final XXXXX Engineer/Developer J-U-B Engr. /The Development Groua The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ELK RUN SUBDIVISION NO. 2 ~ Ir/y/~i3 ~~e "' _ _ __. 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_existinQ street names shall aooear on the slat as "W. OVERLAND ROAD" "E. OVERLAND ROAD" "S. MERIDIAN ROAD STATE HIGHWAY 69" "WEST CALDERWOOD STREET" "S. RIPTIDE PLACE" "S. RIPTIDE AVENUE" "S. COVEY AVENUE" "S. COVEY PLACE" 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, NCB( RE ENTATIVES OR DESIGNEES Ada County Engineer John Priester 1 Date ~~ Ada Planning Assoc. Terri Raynor .LLti ~ Date ~- - i r - I 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 ~ i ,,// NUMBERING OF LOTS AND BLOCKS O,~ ~~~~ • ~`~7~1~ TR\SUBS\SM pTY.FRM a ^~ "W. CHRISTOPER STREET" CENTRAL •• DISTRICT ~THEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division APR 1 1 X994 Conditional Use # ,r;•,;~ t~'~ ~`' ~!)..`i. °'3 ,:~~:: Preliminary /Final Short Plat ~(1L~n.1 ~-~ Return to: ^ Boise ^ Eagle ^ Garden city (Meridian ^ Kuna ^ Acz ^ I . We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 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 central water ^ individual sewage individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 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. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. _i'.~.,..~:1Nit,-i- 311c..=Q:=r'~=E,:T =Y~T-!il ~_la~i i3 ±J i_ ~~r~'J_'31~r_= Date: / W~3i_~%I '~.i.~.ti~'y' i~iat:`'. .:.il;~.t. V 7t~ ?~f1t'Wr?~_ .~C':I~ Reviewed By •3~J:;'c~C1r?+:> >Y Wt:1tt7 +?Ve?e- .3gr?n~~Y _~. ~3.l~p2'~~~1'.'~?t.. [DHD 10/91 rcb, rev. I I/93 jll RECEIVED JUN 0 8 t9g3 CITY OF MERIDIAN 1 SU3 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 John T. Eddy Pacific Land Surveyors 290 North Maple Grove P.oad Boise, Idaho 83704 Re: Elk Run Subdivision Dear John: OFFICE: Nampo 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 When we met out on the site of the Elk Run Subdivision the other day, you asked if Nampa & Meridian Irrigation District had a preference to the fencing or to the burying of the Kennedy Lateral when the subdivision was put in place. On a facility as big as the Kennedy Lateral, piping would probably. be impractical although this would be the preferred method. The fencing of the District's easement would be perfectly acceptable in our eyes. I will send a copy of this letter to the City of Meridian. Please contact me if further information is needed. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Sec~ etary of the Board ,~2~ty of Meridian Ada County Development Services Rider 5 File .:7 .- ~ ,_;....._ ..ti ~. 1 .. ;.,y~ ~. r APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 8015E PROJECT RIGHTS -40,000 June. 19 9 3 - ^ra ~_ ~ ,~ i ~ ~~ ~~~ ~~/9~~ y REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL FLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings, provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following ,the Planning and Zoning Commission action. GENERAL INFORMATION Elk Run Subdivision No. 2 ~. Name of Annexation and Subdivision, pP~TA7nrn,~nt r_,-nn~, Annasratinn 2. General Location. Highway~~, Go ~ h of (h~ rland Roac9 3. Owners of record., mhe nPVPlp~.r,pnt ~_ rn„n 1903 S. Gull Cove Place Address. ME?ri tai a T Tt~ahn . Zip~3,[;a~ Telephone RR7_Sti~~ 1903 S. Gull Cove Place 4. Applicant, T~1P- 1'~AVAIo~~nt CroLD Address, MPric3ian~, Tn R~tid~ 5. Engineer,GarY A. Lee, P.E. /L.S. Firm J-U-13 ENGINEERS, Inc. Address 8eis®' ~ hHrood Ave. , Zip n~~,~ Telephone 376-7330 r 6. Name 'and address to receive City billings: Name Bill Hardt The Develo nt 1903 S. Gull Cove Place P~ Address Meridian, ID 83642 Telephone 887-5622 Group PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 14.74 2. Number of lots 44 3. Lots per acre 2.98 4. Density per acre ~ _ AR 5. Zoning Classif ication t s ) R-4 & R-8 • ~ i f. Trees rill be provided far on lQtsprees rill be maintained by lot owners g. Sprinkler systems are provided for on lots h. Are there multiple units No Type remarks i. Are there special set back requirements No Explain ~. Has off street parking been provided for vP~ .Explain 'I'wo per lot in driveways k. Value range of property $85,000 - $110,000 1. Type of financing for development~uA' ~ ' (`nn~~cntinnal m. Protective covenants were submitted . Date w/final plat 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. 4. 5. 6. Development will connect to City services. Development rill comply with City Ordinances. Preliminary Plat rill include all appropriate easements. Street names must not conflict with City grid system. (3) • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty 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 A Good Place to Live A pe C~EMBERS CITY /j ~ ~ ~~/IQA~ YERR NGTON CITY OF M~RII~IAN ~y- ~~~~ p~gTW,MORR~W 33 EAST IDAHO s l~r;ifsraes MERIDIAN, IDAHO 83642 ~ •n /~ Planner & Zoning Administrator ~~~~0`\//~~ JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887813 V airman • Planning 8 2omng Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD 0 4 A1" 1~ ~~~4 . Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMiVIENTS ON DEVELOPMENT PROJECTS . WITS THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/.~t/94 REQUEST: Final Plat: Elk Run Subdivision No. 2 BY: The Development Group and Garv Lee/JUB Engineers LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFiCE(PRELIM Sr FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 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 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATi`R DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAh PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Kennedy Lateral courses along the west boundary of this CITY ATTORNEY project . The right-of~aay of the Kennedy Lateral is 55 feet CITY ENGINEER 35 feet to the right and 20 feet to the left of center each CITY PLANNER way. Encroachments without a License Agreement are not acceptable. Fences in Elk Run Subdivision No. 1 were built without this District's knowledge or approval. Encroachments must have Nampa & Meridian Irrigation District's approval befo.re_ they happen. See Idaho Code 42-1208--RIGHTS-OF-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 chan ge of right-of-wa occurs. This District requires that a Land Use Change/Site Development app lication be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa &Meridian Irrigation District must review drainage plans. It is recom- mended that irrigation water be made available to all developments within this District. ~~Y He~~oreman Nampa & Meridian Irr ., ~,G) iil.'{ 1 ~ , ~ f/ ~ ~Ca~l ~~ DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS OF ELR RIIN SUBDIVISION NO. 2 ARTICLE I KNOW ALL MEN BY THESE PRESENTS,. that the undersigned does hereby certify and declare that he is the owner of the property hereinafter described: All of the lands located in Lots 35 through 39, Block 1; Lots 1 through 8, Block 3; Lots 1 through 20, Block 4; Lots 1 through 13, Block 5, Elk Run Subdivision No. 2, Ada County, Idaho, according to the official plat hereof on f ile in the office of the County Recorder of Ada County, State of Idaho. NOW, THEREFORE, the undersigned hereby declares that these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof, for a period of thirty (30) years from the recorded date of these covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title to not less than two-thirds (2/3) of the platted. residence of tracts of platted lots by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon filing of such instrument or instruments. for record in the office of the Recorder of Ada County, ~~S Idaho. Such instrument or instruments shall contain proper ~~~~~~~~ ELK RUN SUBDIVISION NO. 2 DECLARATION - 1 lea ~ ~ ~ ~ ~~~~; ~ +a ^ references by volume and page ,numbers to the record of this Declaration in which the Protective Restric tions and Covenants are set forth and all amendments hereof. A. Annexation. Declarant presently intends to develop this: subdivision at one time. The annexed property, at the Declarant's sole discretion, may be used and developed for any purpose allowed under appropriate zoning regulations. .Such other phases may be brought within the provisions of this Declaration by Declarant, its successors or assigns, at any time and from time to time, without the approval to .any owner, the Association or its Board of Directors. B. Additional Properties Subject to the provisions of Paragraph A above, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in any Supplemental Declaration. C. .Procedure for Annexation. The additions authorized under Paragraph A above, shall be made by filing of record, a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof , which shall be executed by Declarant or other owner thereof and shall-extend the general plan and scheme of this Declaration to such other properties subject to the changes, modifications, deletions and addition as are applicable to such. other Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the ELK RUN SUBDIVISION N0. ,2 DECLARATION - 2 annexation of the other properties or portion thereof described therein, and thereupon said other or portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of : covenants,, conditions, restrictions, reservations of easements and equitable servitude contained herein as modified by such supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association and the owners of lots in said other properties or portion thereof shall automatically become members of the Association. Such Supplemental Declaration may contain such additions, restrictions, reservations of easements and. equitable servitude contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof, or as Declarant may deem appropriate in the development of the other properties or portion thereof. D. Approval for Annexation. In addition to the foregoing procedures, as long as there is Class B membership in this corporation, annexation must have HUD/VA approval. ARTICLE II AMENDMENTS BY GRANTOR. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or ELK RUN SUBDIVISION NO. 2 DECLARATION - 3 ~ '• termination. For the purpose of this Declaration, the close of ;,. escrow shall be deemed to be the date on which a. deed granting a building lot is recorded in the office of the Ada County Recorder. . . BY OWNERS. .Amendment of the: Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) votes of the lot owners. PROVIDED, HOWEVER, such amendments or any merger or consolidation of this property with any other provided for herein shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration as long as Class B membership exists. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY IISE RESTRICTIONB ~"~~ A. Building Restrictions. All lots in said subdivision shall be known and described as residual lots and restricted to residential use as allowed by current applicable zoning regulations and ~no structure shall be erected upon a building site therein other than one detached single family dwelling with none of the dwellings erected to exceed two (2) stories in height. B. Type of Building. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone, shall be finished and painted and such finish to be kept in .good repair. All buildings shall be required to have-some stone, brick or stucco on front of building. Said ELK RUN SUBDIVISION NO. 2 DECLARATION - 4 property shall be used in such manner as to be inoffensive to any other property owner thereof. Architectural Asphalt shingles, equivalent to Pabco HO-25 CLASS A SLIT or wood shingles or as approved by the Architectural Control Committee are required. The e roof pitch. for all .buildings shall be six-twelve (.6/12) pitch or greater. C. Minimum Buildinct Size. Any .residential building erected upon said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event ~ ~ v0 shall the required area be less than .3r,-3~A square feet of ground floor area of a one-story house or 1, 000 square feet of first floor area in the case of two-story. No split entry buildings are. allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty-two (32) f~w7 i height unless approved by the Architectural Committee. All ~~ y~~~- dwelling units must be constructed with a minimum two (2) car attached garage. ~D. Building Location. No dwelling unit or other structure (exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property or applicable zoning laws. The subdivision is located in an R-8/R-4 zone with the following setbacks: Front: Twenty (20) feet; Side: (Interior lot line) five (5) feet per story; Side: (Corner lot line) twenty (20) feet; and Rear: Fifteen (15) feet. ELK RUN SUBDIVISION NO. ,2 DECLARATION - 5 • In no event is any building to be located with setbacks in violation of City of Meridian zoning regulations in effect at the time of the recording of these documents. All foundations shall be of a height to assure and provide for :proper slope and drainage. from all lots. E, pr~~ecution of Construction Work. -The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures .shall be completed as to external appearance including finish painting within three (3) months from the date of commencement of construction unless prevented by causes beyond the control of .the owner or builder and only for such time as that cause continues. F. Moving of Building. Outbuildings - No outbuildings or structures shall be moved onto said real property or building site ~~~ ~ . ~~~.av-t except a new fabricated structurelof a type and design approved by ~~~ ~ he Architectural Control Committee. Further provided, that a new ~r a~='~~ ~~~ fabricated building or structure shall, have a HUD-FHA structural ngineering bulletin issued and in current existence. No trailer a ~~ ,~~~" or mobile homes shall be parked in any street or within houses ~ building setback lines. No mobile home, basement, tent, shack, ,ivy ~ ~, garage, barn, or other outbuilding shall be used on any .lot at any ~~ ~ time as a residence either temporarily or permanently, nor shall ~~'~ ~~~- any residence of a temporary character be permitted. ~~'~ ~ . r J ~' ELK RUN SUBDIVISION NO.. 2 DECLARATION - 6 I. • • G. Billboards-Sians. No sign of any kind shall be displayed to the public view on any residential site except one professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or the Declarant to: advertise .the property during the construction and sales period. H. Minincr and Drillinct Operations. No portion of the property or any lot shall be used .for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel, earth or steam. I. Excavation Defacing of Landscape. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site .unless such excavation is necessary in connection with the erection of an approved structure thereon. J. Refuse Disposal-Material Storacte. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such material shall be kept only in suitable sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage. or disposition of such material shall be kept in a clean and sanitary condition with such material being periodically disposed of as required by appropriate local-health authorities. K. Fences - Hedges. No fence, wall, hedge or shrub planting which obstructs sight .lines at elevation between 3 and 8 feet above roadways shall be placed or permitted to remain on any corner lot ELK RUN SUBDIVISION N0..2 DECLARATION - 7 i within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same- sight line limitations shall apply dany lot within ten (10) feet from the: intersection of a street property line with edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. No fence, all, hedge, or shrub planting which obstructs view shall be placed nearer to front lot line than twenty (20) feet nor to street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences shall be constructed of dog eared cedar pickets. No fence shall be greater than (6) feet in height above street level. Fences must comply with city ordinance. L. Landscapingt. Within ten (10) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause), the Grantee of such lot shall install the landscaping. Landscaping must include the following: 1. Sod for front and side yards of corner lots. 2. Sod for front yards of interior lots. 3. All front yards to have at least three (3) approved trees having a diameter of at least two (2) inches. An owner shall maintain the landscaping on his building lot in a neat and attractive condition,. including all necessary gardening to properly maintain and periodically replace when ELK RUN SUBDIVISION NO.. 2 DECLARATION - 8 • • necessary the trees, plants, grass and other vegetation. It is understood that the Grantor is filing and recording documents to establish a Property Owners Association of Elk Run Subdivision No. 2, in part, for the purpose of maintenance of all landscape: easement areas. M. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any-lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided, that the keeper of such pets complies with all city and county laws, rules and regulations. A11 dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property, of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot, may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shall be permitted to be kept, or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. N. Sewa a Dis osal S stems Water and Utilities. No individual sewage disposal system shall be used and each Grantee shall hook on to the Meridian City Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the City of Meridian public sewer system, ELK RUN SUBDIVISION N0..2 DECLARATION - 9 • • according to the ordinances and laws of Meridian City. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and: within its property. All lots shall use water provided by the Meridian Water Department; no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable. utility entity connecting ? ~r thereto. The undersigned owned shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining,. repairing and replacing the sewer services and/or public water connection lines which ~~the owner's dwelling unit on the lot. Any utility easement which exists for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. All utility services shall be underground, including without limitation, telephone, electricity and cable television. O. Antennae. No television antennae, satellite receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. P. No Unscreened Vehicles. Boats Campers Other Vehicles Other Items. No unsightliness shall be permitted on~any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed ELK RUN SUBDIVISION NO. 2 DECLARATION - 10 • • within approved structures, or appropriately screened from view. Travel trailers, recreational vehicles (must be less than 26' long, l0' high and 8' wide), boats, tractors, snow removal equipment, golf carts, garden or maintenance equipment shall, at all times,: except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be be kept within an enclosed structure or ..appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs, or tree clippings or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any lot or common area. Q. Lights Sound - General. No light shall be emitted from any lot within the property or from common areas which light is reasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. R. Zoning Compliance. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV ARCHITECTORAL CONTROL COMMITTEE A. Members of the Committee. The Architectural-Committee, sometimes referred to as the "Committee", shall consist of three ELK RUN SUBDIVISION N0 ..2 DECLARATION - 11 • (3) members. The following persons are hereby designated as the initial member of the Committee: Bill Hardt Jack Boone Jim Boone Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has- been appointed, as provided herein. B. Right of Appointment and Removal. At any time Grantor is the owner of at least ten percent (10~) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded within instrument to appoint. and remove all .members of the Committee. In the event of-the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in -Article III have been completed. Thereafter, the approval described in this covenant shall not be required unless prior to said date and effective thereof a written instrument shall be executed by-the then recorded owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers-previously exercised by said Committee. Neither the. Committee nor any Member thereof, nor its duly authorized Committee Representative shall be liable to any ELK RUN SUBDIVISION N0..2 DECLARATION - 12 ~. ~ owner or Grantee for any loss, damage, or injury arising out of or in any way connected with the performance of the Committees duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of such Committee,. nor its designated ; representative, shall be entitled to any compensation for services performed pursuant to this covenant. C. Review of Proposed Construction. No Building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans. showing the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and. finish ground elevation by the committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes, exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirement set forth herein. Exterior colors shall be neutral colors only. No red, pink, yellow or purple colors shall be allowed on exterior walls. The Committee shall not be responsible for reviewing, nor shall its approval of any plan design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. ELK RUN SUBDIVISION N0.,2 DECLARATION - 13 • • ARTICLE V VACATIONS, RELOCATIONS, EASEMENTS The undersigned owner further reserves to himself, his licensees, successors and assigns, the right and power to vacate. and relocate or to plat new streets by instrument filed of record, any street or alley as long as the undersigned owner owns each of the parcels which are adjacent to the street both vacated and relocated on the new and old right-of-way sand provide an adequate roadway in place of any vacated. :Provided, nevertheless, vacation and. relocation, ..easements, right-of-way and streets allowed hereunder shall be made in accordance with ~h~imum standards of the State of Idaho, Ada County ~ meridian, Idaho laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions of statute giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the -coun~i ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations ELK RUN SUBDIVISION NO. 2 DECLARATION - 14 ~. of public easements and ways where-the same are particularly required by such ordinances but not set forth herein. VIOLATIONB OR ATTEMPT TO VIOLATE RESTRICTIONS That should any Grantee violate or .attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat, shall use these Protective Restrictions and Covenants either to prevent him or them ,.from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants,. reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. In the event of judgment against any person for violation of this Declaration, the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs of said Protective ELK RUN SUBDIVISION NO. 2 DECLARATION - 15 Restrictions and Covenants but the same shall be and remain in effect. ARTICLE VI ELR RUN SUBDIVISION NO. 2 HOMEOWNER'S ASSOCIATION, INC. 6.1 Organization of Association. The Elk Run Subdivision No. 2 Homeowner's Association, Inc. (Association) shall be organized by Declarant as an Idaho corporation under the provisions of the Idaho Code relating to general nonprofit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-Laws and this Declaration. Neither the Articles nor the By-Laws .shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. 6.2 Membership. Each owner (including Grantees and Declarant) of a lot by virtue of being such an owner and for so long as such ownership is maintained, shall be a Member of the Association, and no owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association, shall not be assignable, except to the successor-in-interest of the owner, and all memberships in the Association shall be appurtenant to the lot owned by such owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to said lot. Any attempt to make a prohibited membership ELK RUN SUBDIVISION NO. 2 DECLARATION - 16 transfer shall be void and will not be reflected on the books of the Association. 6.3 Votinct. The Association will have two (2) classes of voting memberships. A. Class A. Class A members shall be the owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than (1) vote be cast with respect to any lot. B. Class B. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, Declarant shall thereupon be entitled to four (4) votes for each lot of which Declarant is the owner. The Class 8 membership shall cease and be converted to Class A membership when seventy-five (75.0) percent of the lots are deeded to homeowners or on January 1, 2000, whichever event should first occur. 6.4 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and By-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By- Laws. ELK RUN SUBDIVISION NO. 2 DECLARATION - 17 ~~ LJ • 6.5 Power and Duties of the Association. A. Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and alI lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the By-Laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the common areas and the performance of the other responsibilities herein assigned, including without limitation 1. Assessments. The power to levy assessments (annual, special and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 2. Right of Enforcement. The power and authority from time•to time in its own name, on its own behalf or in behalf of any owner••or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the By-Laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. ELK RUN SUBDIVISION NO. 2 DECLARATION - 18 3. Delegation of Powers. The authority to delegate its power and duties to committees, officers, ,employees or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 4. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable (the Association Rules). The Association Rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, the Association Rules may not discriminate among owners and shall not be inconsistent with this Declaration, the Articles of By-Laws. A copy of the Association Rules, as they -may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner. Upon such mailing or delivery and posting, said Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any such Association Rules and other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association Rules shall be superseded by the provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. 5. Emergency Powers. The Association or any person authorized by the Association may enter upon any lot in the event ELK RUN SUBDIVISION N0. 2 DECLARATION - 19 of any emergency involving illness or potential danger to life or property or when necessary, in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the owners as practicable and any: damage caused thereby shall be repaired by the Association. 6. Licenses, Easements and Rights-of-Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the common area as may be necessary or appropriate for the orderly maintenance, preservation of the health, safety, convenience and welfare of the owners, for the purpose of constructing, erecting, operating or maintaining: a. Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes. b. Public sewers, storm drains, waters drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and c. Any similar public or quasi-public improve- ments or facilities. .The right to grant such licenses, easements and rights- of-way are hereby expressly reserved to the Association. 7. Duties of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs of common interest to owners, and to perform each of the following duties: a. Operation and Maintenance of the Common Area. ELK RUN SUBDIVISION NO. 2 DECLARATION - 20 s ,~ Operate, maintain and otherwise manage or provide for the operation, maintenance and management. of the common area including the repair and replacement of property damaged or destroyed by casualty loss and all other property acquired by the Association. b. Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the common area owne3 and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to or the sale or disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation. c. Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the common area and other property owned or managed by it. d. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies. 1. Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the common area or other property owned or managed by it. Limits of liability of such coverage shall be as follows: Not less than Five ELK RUN SUBDIVISION NO. 2 DECLARATION - 21 • e. f. g• Hundred Thousand Dollars ($500,000.00) per occurrence with respect to personal injury or death, and property damage. 2. Such other insurance including Workmen's Compensation insurance to the extent necessary to comply. with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other„person charged with the management or possession of any Association funds or other property. 3. The Association shall be deemed trustee of the interest of all members of the Association in any insurance proceeds paid to it under such policies, and shall have full -power to receive their interests in such proceeds and to deal therewith. 4. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 5. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance and a f idelity bond meeting the insurance and fidelity bond requirements of PUD projects established by the U.S. Department of Housing and Urban Development. Rule Makinct. Make, establish, promulgate, amend and repeal the Association Rules. Architectural Committee. Appoint and remove members of the committee, all subject to the provisions of this Declaration. Drainage Systems. Operate, maintain, repair and replace the landscaped berm, ELK RUN SUBDIVISION NO. 2 DECLARATION - 22 • including the sprinkler system installed thereon. h. Right-of-Way Maintenance. Maintain, repair, and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located. on the public right-of-way which lies along the boundary of the property. i. Irriclation Maintenance. Maintain, repair and replace all irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. 6.6 Personal Liabilitv. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the committee, or any other committee, or any officer of the Association, or the Declarant provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS 7.1 -Creation of the Lien and Personal Oblictation of ELK RUN SUBDIVISION NO. 2 DECLARATION - 23 Assessments. For each lot owned within the Properties, each owner (subject to the provision in paragraph 7.4 ) by acceptance of a deed therefor, whether or not. it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Set-up fee to be collected at close of sale to homeowner in an amount equal to one year's regular assessment, .Fifty and No/100 Dollars ($50.00). B. Annual regular assessments or charges, and C. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. D. Limited assessments as hereinafter provided. The set-up fee, annual, special and limited assessments, together with interest as allowed by the By-Laws or Idaho law, whichever is greater, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees incurred in a collection effort, whether or not suit has been filed, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. ELK RUN SUBDIVISION NO. 2 DECLARATION - 24 ,~ ~ • • A. Purpose of Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the common: area, and to pay the annual assessments of the irrigation district and other financial obligations. B. Special Assessments for Capital Improvements. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the qualified voters, either or in person or by proxy, at a meeting duly called for this purpose. C. Limited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such owner, including, without limitation, costs and expenses incurred for the repair and replacement of the common area or other property owned or maintained by the Association, damaged by negligent or willful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed ELK RUN SUBDIVISION NO. 2 DECLARATION - 25 • • by the Association which has not been performed by owner as provided herein. 7.2 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall be Fifty and No/100 Dollars ($50.00) per lot, to be billed and paid semi-annually. A. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. B. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above five percent (5~) by a vote of three-fourths (3/4) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 7.3 Notice and Ouorum for any Action Authorized Under Section 7.1 and 7.2. Written notice of any meeting call for the purpose of taking any action authorized under sections 7.1 and 7.2 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty one percent (51~) of the votes shall constitute a ELK RUN SUBDIVISION N0. 2 DECLARATION - 26 •4 ~ • • quorum. If the required quorum is not present, another meeting may be called subject to the same notice. requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent. meeting shall be held more than sixty (60) days following the preceding meeting. 7.4 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate- for all lots and may be collected on a semi-annual basis;. provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses rather than those sums otherwise due by Class A members established in 7.1 and/or 7.2 above. 7.5 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments provided for herein shall commence as to all lots on January 1, The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth the whether the assessments on a specified lot have been paid. A properly executed certificate of ELK RUN SUBDIVISION N0. 2 DECLARATION - 27 ` • • the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. 7.6 Effect of Nonpayment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after: the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. ~ No owner may waive or otherwise escape liability for the. assessments provided for herein by non-use of the common area or abandonment of his lot. 7.7 Subordination of the Lien to Mortcaages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.. 7~.8 Effect of Nonpayment as Aciainst Mortgagees. No mortgagee shall be required to collect an assessment, and the failure of a lot owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. ELK RUN SUBDIVISION NO. 2 DECLARATION - 28 ' • ARTICLE VIII IDENTIFICATION AND IISE OF COMMON AREA 8.1 Common Area.- The common area granted to the Elk Run Homeowner's Subdivision No. 2, Inc., an Idaho corporation (marketed : as Elk Run), for Phase I, is described as: Lot 1 Block 1 Lot 1 B1ocY_ 2 This common area shall be conveyed to the Association free and clear of all liens and title encumbrances (other than easements, taxes and common restrictions). 8.2 Use. Every lot owner shall be entitled to a right and easement of enjoyment to the common area, and the title to the common area shall be .considered appurtenant to the lot owner's title, PROVIDED, if ingress or egress to any residence is through the common area, any conveyance or encumbrance of such area is subject to the lot owner's easement. 8.3 Mortgage of Common Area. The common area cannot be mortgaged or conveyed to anyone without the consent of at least two-thirds of the lot owners (excluding the Declarant). 8.4 Liability to Lot Owners. No individual lot owner shall have liability for damage to the common area or liability for injury to another arising out of someone's use of the common area merely by virtue of being a lot owner. ELK RUN SUBDIVISION NO. 2 DECLARATION - 29 ARTICLE IX DISSOLIITION 9.1 In the event Elk Run Subdivision No. 2 Homeowner's Association No. 2 is dissolved, any assets of the Association shall be dedicated to the City of Meridian, or conveyed to a non-profit organization with similar purposes. IN WITNESS WHEREOF, the undersigned owners have executed this Declaration of Protective Restrictions and Covenants on the ~~ day of April, 1994. ~t.s uJ C ft,~e. c ~. Its Grantor/Declarant STATE OF IDAHO ) ss. County of Ada ) On the day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Lr ~ ~ C? rF ~ cc~f--i , known or identified to me to be the person whose name is subscribed to the within and foregoing instrument as n~,~,~,~~~2 of Elk Run Subdivision No. 2 Homeowner's Association, Inc. , and acknowledged to me that he executed the same for said corporation in such official capacity. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. G~ o ary Public for Idaho " Residing at I aho My Commission Expires: U 2 n ELK RUN SUBDIVISION NO. 2 DECLARATION - 30 • Meridian City Council March 1, 1994 Page 17 hearing. Entertain a motion to table. Morrow: So moved Yerrington: Do we need a date certain of 2 weeks? Kingsford: We need to deal with at least 2 weeks. • Morrow: It would appear to me that really this is a candidate that probably may end up back at P & Z because we are dealing with several different issues here which would make it substantially different then the proposal that is before us. And so it seems to me that 2 weeks is not an adequate time to table maybe 30 days or .until our first meeting in April. Kingsford: Well, I think certainly in 2 weeks they're going to know what direction they are going to need to head. I think that staff needs to give them advice as to where they are headed with it and I would think that 2 weeks ought to be ample for that. Morrow: In 2 weeks what they'll do is they will request either to bring it up off the table or start from scratch. So moved to table for 2 weeks. Yerrington: Second Kingsford: Moved by Walt, second by Max to table this for 2 weeks until the next regular scheduled meeting 2 weeks, all those in.favor? Opposed? MOTION CARRIED: All yea ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ELK RUN SUBDIVISION #2 BY THE DEVELOPMENT GROUP AND JUB ENGINEERS: Kingsford: At this time I'll open the public hearing and invite the applicant or his designee to speak first. Gary Lee, JUB Engineers, 1750 Summertree, Meridian, was sworn by the Attorney. Lee: The application before you this evening is for an annexation and zoning and preliminary plat for Elk Run Subdivision #2. The first phase of Eik Run was • • Meridian City Council March 1, 1994 Page 18 completed last summer. The homes are under construction at this time and we wish to continue the development to the south of phase 1. The number 2 portion will consist of about 16 acres, it will be a single family residential development as was Elk Run #1. The property is bounded by Highway 69 along the east side Kennedy Lateral along the south and west boundaries and Calderwood Street along the north. Which is also adjacent to Elk Run #1. The proposed rezone is for a small portion of R-8 which amounts to about .7 of an acre which lies just north of Calderwood Street and is situated between Calderwood and the present Elk Run #1 Subdivision. There are 2 additional lots in there that when Elk Run #1 was initially plated the land wasn't available so we are now including that with this phase 2. The remainder of the property about 15.5 acres will be rezoned R-4. The net effect will be 42 additional single family units and that results in a density of about 2.6 per acre. There will be 2 common lots along Highway 69 for a. buffer between the Highway and the subdivision. There will be a landscaped berm that will be held in common by the Homeowners association• and they will operate and maintain that common berm. Sewer and water facilities are available through the Elk Run #1 development that will be extended to and through this development and will allow for future expansion of the sewer facilities to the south. Of course all facilities will be underground utilities for the entire development, all public streets, Calderwood will be .designated as a collector street as required by ACRD. It will ultimately connect with a street that will run to the east. and find its way into he Meridian Greens development as well. I guess it is slated to go onto the west past this development for future highway transportation needs. As in phase 1 the developer is also the home builder in this project. He'll be offering fully landscaped yards with their units, all lots wilt be totally fenced. There will be a homeowners association as I mentioned previously to maintain the open space. I believe that is the conclusion of my presentation, if you have any questions I'd be glad to answer them. Tolsma: On this ACHD recommendation, about the road going South Covey Avenue, going across the canal to the south. Lee: That has been taken care of and we revised the original preliminary plat that was submitted to P & Z and at that. public hearing it was presented as an extension to the southwest boundary it will cross Kennedy and provide access. Tolsma: The plat map I have doesn't show that, but this new one does. Lee: The one that was revised, and this right before the public hearing. That was the first one that was sent out. At the end of December we revised that based on ACRD comments. • Meridian City Council March 1, 1994 Page 19 Tolsma: The one with the stub street is now the plat. Kingsford: Any questions for Mr. Lee? Thank you, is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing, Council members. Corrie: Mr. Mayor, I have a question I guess for Gary Smith. There was 2 items on your January 8, 1994 annexation, zoning and preliminary plat memorandum. One was what is the piping status of the Kennedy Lateral, I understand that will be done, it will be piped. Okay, and how about #11, it says a policy decision question exists concerning extension of a City Water line along east side of Highway 69 this needs to be addressed by City Council, I don't understand what was that? Smith: Councilman Corrie, we continue to have a question come before my office as to extension of sewer an water lines and public right of ways that are adjacent to subdivision especially on section line roads or collector roads that don't have access to sewer and water lines. And it really becomes a prominent issue on • property that is on a corner of a section line road. In the past I have requested, recommended that the developer extend the sewer and water lines adjacent to thief property. So that as street improvements are made the utilities are there and subsequent developers can then pick them up in a more or less orderly fashion and hook on. But it continues to be a very hot item for discussion and it doesn't seem to matter which developer I'm talking to its always the same argument, I'm to getting any benefit out of this why should I put this line in the street? They bring the line down to their entrance to their subdivision and that is really as far as they feel they are obligated to extend the line, but our policy has been to extend into and through the development and again even though this roadway is adjacent to the development I guess I need some direction_as to whether this is to and through the development or if its to the development and into the development and then to its interior streets extended to its boundary. So that the adjacent property owners can pick them up, I'm getting a little bit frustrated hearing the same argument and I continue to give everyone the same answer so that I'm trying to treat everyone the same. But its a real sore spot and I brought it up on this one because its, and its come up several times since then. In fact it comes up every time we have a corner property or a property that develops adjacent to a section line road. Kingsford: Isn't that our ordinance Gary? My recollection of the ordinance is that it is to and through. Smith: Yes, well, I believe that is correct Mr. Mayor, but the argument is this I • • Meridian City Council March 1, 1994 Page 20 roadway part of the subdivision. Morrow: You are talking about the section line roadway? For example in this case or for the sake of argument would they not put curb and gutter and sidewalk and those things? Smith: Not on this particular one. Morrow: No, but I mean on, you are asking for a policy on a normal situation their entrance might be at point A and point B is at the end of their property so they are required to put in the curb gutter and sewer I mean curb gutter and landscaping down to point B and assuming that there is another parcel of property adjacent to that, that person would come back and tear up part of those improvements .to extend the sewer and water lines to his property? Smith: Its a possibility, Councilman Morrow, but in this particular case the water lines across the street on the other side of a highway, it happen quite often because water an sewer are on opposite sides of the road that its not even involved in the roadway work because the development is only working on their side or their half of the road if they are indeed improving the roadway. A lot of these section line roads, the developers are not being required to install any improvements other than maybe a sidewalk and the highway district then comes back with their impact fees for expansion purposes and builds the curb and gutter. But, it still in a lot of cases the line that would say front their property will be on the other side of the street. Morrow: And so what we are requiring them to move that on the other side of the street down to a line that is equal to their property, is that what we want? Smith: We leave the water line on the side of the street where it belongs, but I guess the question is when the next developer comes to and wants to develop on the south side of Elk Run #2, where does he go to get the water? Well he has to go up to where the entrance is into Elk Run #2 which is I don't know what the dimension is so many feet north of their south boundary. So, what is our policy going to be, do we stop the water at their entrance and let the next gut come and get it or do we extend it down to where the next guys property will be? Morrow: I think it ought to be the next guys property. Smith: That is my question. ~ ~ Meridian City Council March 1, 1994 Page 21 Corrie: That is what you want us to tell you. Smith: I don't know specifically what the ordinance says Mr. Mayor, I do know our policy has always been that we extend these lines through the subdivision so the adjacent property owner when or if they develop has that utility available and they can hook onto it, but these section line roads have just been a problem all the way. Some developers don't have as much of a problem as others but generally it depends on the size of the development because if you are talking a section line road you are talking about a 12 inch diameter water line. There are quite a few dollars involved there of which they don't see any immediate benefit. Even though they do have the availability of a late comers agreement but they can recover some costs that is always a question mark because you don't know how long its going to. take, how much they are going to get back. So there are some uncertainties there. And I don't know whether I really expect an answer from you tonight but I did want to bring it up as an item. I think it needs to be resolved somehow and it will need to be resolved for this particular development and I have several more developers that are beating on my desk about this same requirement. •Corrie: Mr. Mayor can we resolve that since its part of this, how do we do that, can we do it afterwards, or in between I'll leave that up to your expertise. Kingsford: Well, its been our policy and I think we've been consistent on that at least the areas that I'm aware of that it be extended through. Being on the opposite side of the street hasn't had any bearing at least to my knowledge to date. So to be consistent I think we need to stay with that. I think its probably too bad that the City isn't flushed to extend that ourselves and be the recipient of latecomers fee back I think that remove some of the hassle, but we are not flush. Morrow: I think the counselor indicated that the ordinance states to and through and using that as a guideline I don't think there is any debate on the issue. That is just the way it is. Kingsford: 'To and through when you are on the opposite side of the street still constitutes a problem but I think that our policy has been that and it remains consistent. I guess maybe a vote of affirmation for our policy to date is regardless of which side of the street's on is in order. Morrow: So moved Tolsma: Second • Meridian City Council March 1, 1994 Page 22 Kingsford: Moved by Walt, second by Ron to continue the policy of extending water lines and sewer to and through regardless of the side of the street, all those - in favor? Opposed? MOTION CARRIED: All yea Kingsford: Anyone else from the public that would like to offer testimony on this subject? Seeing none I will close the public hearing, Council members. Tolsma: (Inaudible) You wrote. here, have they made any attempts on the School District's side or is this part of the development agreement? Forrey: At this point it would have to be a part of that development agreement. As of 2 weeks ago the School District was still negotiating with Marty Goldsmith in that Section 19 and nothing has happened yet. I think that in time it will be solved because there is a lot of development in that section that is going to be held up so something will happen. At this point we don't have a letter from the School district stating that they have solved the problem enough to accept these new students. And this, the sewer drainage boundary is such that the School District, the school site that is in Section 19 the children on the other side on the west side of Elk Run would be going to a different grade school do this is at the very west edge of that elementary school boundary which would be 3/4 of mile to the east in the middle perhaps just south of Meridian Greens or in there by the Goldsmith property. So it is on the outer fringe of that or the service area of that school. Kingsford: Thank you, any other questions? Walt Morrow: Mr. Mayor, on page 13 in the findings of facts I think that I'd like to see and to show this off tot he Council, it says at a value and then it says 85,000 as represented in the application of subdivision approval, I think I'd like to see the words not less than if its the Council's wish. So that is clear to anybody who reads the document that our intent is that those homes be not less than 85,000 in value as per the presentation. Kingsford: Well that is the next issue, counselor if there has been no appreciable change in the testimony its the Council's desire to accept the findings with that amendment if that would be appropriate, would you like to make that motion? Morrow: Yes ~ ~ Meridian City Council March 1, 1994 Page 23 Yerrington: Second Kingsford: Moved by Walt second by Max to approve the Findings of Fact and Conclusions of Law as prepared for P & Z to change on page 13 item 15 to say the value of not less than $85,000 as represented in the application of subdivision approval, roil call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Next item then would be to direct the counselor to prepare and ordinance for annexation and zoning. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare an ordinance of annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION #4 BY THE WESTPARK COMPANY AND J.J. HOWARD ENGINEERS: Kingsford: At this time I will open the public k~earing and invite the owner or his designee to speak first. Greg Johnson, 2433 Canada Road, Melba, was sworn by the Attorney. Johnson: This request is fora 13.26 acres, it is annexing fora 36 residential single family lots which is a density of 2.1 per acre. It is bounded on the north side by Overland road on the east its bounded by South Locust Grove and on the west and south its bounded by the Nine Mile Drain. In the conclusions of law item #13, on page 11, it addresses ditches, canals and waterways and then at the end of that paragraph it says however the Nine Mile Drain must meet the Ada County Pathway design. I have a question, am I being asked to provide a bikepath along the Nine Mile Drain? ~. • ,~~- ~ ORDINANCE NO. 635 ~ I,K ~~ 1J SN~D• Y)~D•2 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: ~u~,ul C~~ _rA ~P~,v- 3~+5~R4 A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North 00°37'36" East 2,649:87 feet; thence, along the East-West midsection line of said Section 24 North 89°34'30" West 137.10 feet; thence leaving. said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances; 1. North 30°37'30" West 139.10 feet; 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" West 82.05 feet); 4. thence North 05°46'22" East 39.11 feet, (formerly known as North 04'28" East 86.00 feet, more or less), to the Southwest corner of Elk Run Subdivision as it is shown on ANNEXATION ORDINANCE - ELK RUN 2 Page 1 • • the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; thence leaving said centerline of Rennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 89°52'45" East 824.61 feet, (formerly known as North 89'06" East 828.02 feet) , to a found 5/8" .iron pin and cap marked P.E. /L.S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North O1°01'15" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55'45" East 152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00°37'36" West 1,351.37 feet, (formerly known as South 1,347.44 feet) to the TRUE POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGIINING, from which the Northeast corner of said Section 24 bears North 00°37'36" East 2,649.87 feet; thence, along the East-West midsection line of said Section 24 North 89°34'30" West 137.10 feet; thence leaving said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Rennedy Lateral the following four courses and distances; 1. North 30°37'30" West 139.10 feet; ANNEXATION ORDINANCE - ELR RUN 2 Page 2 • 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" West 82.05 feet); 4. thence North 05°46'22" East 39.11 feet, (formerly known as North 04'28" East 86.00 feet, more or less), to the Southwest corner of Elk Run Subdivision as it is shown on the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; thence leaving said centerline of Kennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 89°52'45" East 824.61 feet, (formerly known as North 89'06" East 828.02 feet) , to a found 5/8" iron pin and cap marked P.E. /L.S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North O1°01'15" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55'45" East 152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00°37'36" West 1,351.37 feet, (formerly known as South 1,347.44 feet) to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a.~ That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development ANNEXATION ORDINANCE - ELK RUN 2 Page 3 • • Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C. G., H 2, K, L of the Revised and Compiled Ordinances of the City • of Meridian. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616,• which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. That if these conditions of approval are not met the property shall be subject to de-annexation. g. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall ANNEXATION ORDINANCE - ELK RUN 2 Page 4 E • ` • be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of March, 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,j ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 635 , by the City Council and Mayor of the City of Meridian, on ANNEXATION ORDINANCE - ELK RUN 2 Page 5 • the 15TH day of March, 1994, as the same appears in my office. DATED this day of 1994. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) • ss. County of Ada, ) On this th day of March, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ANNEXATION ORDINANCE - ELK RUN 2 Notary Public for Idaho Residing at Meridian, Idaho Page 6 02-08-Q i8 ~T-CH2M HILL 1~ I SE 0000 tk453 P02,- • _.. .. . .... ,... ~1~lIL'L!S ~annerx ` Ecor7vrr>Js~ ~clen~isis Fr R ~1 ~~ ~~~. MEEPIGINEERTM ~~~~~~E~ Fcbruaty $ 1994 BOI36S46.A0.03 Bruce Freckletun City of Meridian 33 Fast Idaho Street Meridian, Idaho 8364 Dear Bruce: Subject: Fire Flow Modeling for 4ty of Meridian F-= R 0 9 i99~ ~t~RtQ~Ar~ crrv _ EMGI(VEER As requested, I have updated the t3ty's water diatribudon oomputcr model to include tbt fallowing subdivisions: Elk Ron Stibdivision No. 2 • Danbury Fair Subdmision No. 3 • Hunt's Bluff Subdivision No. 2 Norris Park 5ubdivi~n ` Qteny Lane Sobdivision No. 5 Parlcside Cheek SubdivisioA Na. 4 Also included itt this update is a fire flow run for the D Enforcement Campus, apartment of Iaaw ~ Attached is a copy of the pipe and node lay-out that I used f~ each snbdiuia~nA and en output repast of the computer ana]ysie. The model was run far cash subdivision with a 1000 gpra ~ ~~, under a ~ maximum day water demand of 9.~6 mgd. TLe ~ daY water demmnd is f based on full potential build nut of aIl subdivisions. A i~rrm ca supply with Wills 7, $ 9, 10,11, and 12 tuna' and the Paps P~l~$ of service is assumed, The Departcnont of La v~EnforcementCrampua was ruu ~ with a 1500 gpm gTe, ~ wits of the moda]lgg a~ shim ~ the following table: j Bo1sa Owe 70Q Cleatwoter ~ rye. 9olsa, !D 8371~77A9 A.O. Borg7d8. Base. !D @.9707•Z7d8 ~ ~b9 JO FGxNb. 208345,5715 ~ ~ Bruce Freckleton Page 2 February 8, 1994 BOI34546.A0.03 Based on the modeling, it appears that the City should be able to provide the required fire flow to the subdivisions modeled above. However, as you can see, the residual pressure at Hunt's Bluff No. 2 just meets the minimum required pressure. An actual hydrant flow taken in the field at Hunt's Bluff may show a slightly different residual pressure. As a check, I ran the Hunt's Bluff fire again with Well 14 running and the residual pressure increased to 32 psi. If Well 15 is put on line soon, the firm capacity of the system will be measured with Well 14 running and Well 15 out of service. I have also incorporated the new co-generation plant demand and an associated well, called Well 16 here, into the model. Included in the attachments is the pipe- node layout I used for the co-generation plant and a computer report. Well 16 is modeled to produce about 1200 gallons per minute (gpm) and the plant demand is modeled at 350 gpm. It is not possible to predict where the flow to the plant will be coming from, as the direction of flow varies depending on which wells in the system are operating and what the rest of the system demand is at the time. With Well 16 running, the model predicts 69 psi at the plant. Comment "1" -This comment indicates that the resultant pressure at the node where the fire flow was taken was greater than or equal to the minimum required residual pressure of 20 psi. • ~i I 02-~-r ~ T-~H2M HILL BOISE 0000 t#453 P0~ BrucC Frccklettyn Page 3 February $, 1494 Bor~asacs,~fl,~ ~I i i i E i i r f 1 i i 1 'I ~1 If you have arty questions, please call. Sincere]y, CH2M HILL ~ ~~~ ~~- oborta Project Engineer cc: Cry ~nithJG~ty of Meridian Jebn WisknsJ(~H2M ~3I11I, • ., y • / • Meridian Planning & Zoning February 8, 1994 Page 7 Rountree: Mr. Chairman, I move the Meridian Planing & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Shearer: Second Johnson: Its been moved and seconded to a Conclusions of Law for this request Elk Run Subd v lion No ~2,9 0ll call cvote~ ROLL CALL VOTE: Alidjani: Yea, Shearer: Yea, Rountree: Yea, Hepper: yea MOTION CARRIED: All yea Johnson: Is there a decision or a recommendation you wish to pass onto the City? Rountree: 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 for the above property as described in the application with conditions set forth in these Findings of Fact and Conclusions of Law. Alidjani: Second Johnson: Are you going to read the rest of it or are you going to stop there? Rountree: I'll stop there. Johnson: Its moved and seconded to approve the Findings of Fact and Conclusions of Law which we have done and to pass on a favorable recommendation to the City, all in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, I make a motion that we also pass onto the City Council a favorable recommendation for the approval of the Preliminary plat. Shearer: Second Johnson: Moved and seconded to recommend a Elk Run Subdivision No. 2, afl in favor? O pproval of the Preliminary plat for pposed. MOTION CARRIED: All yea C~ J • I Meridian Planning & Zoning February 8, 1994 Page 6 Nine Mile Drain which must comply with the Ada County Pathway Plan and tha the application meet all the Ordinances of the City of Meridian, specificall t including the development time requirements entering into the required y development agreement and that the conditions are not met that the propert be de-annexed. y Rountree: Second Johnson: Its moved and seconded to pass onto the City Council the recommendation written, all in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, I move that we pass a recommendation onto the Cit Council to approve the Preliminary plat. y Shearer: Second Johnson: We have a motion to recommend to the City approval of Preliminar I for Tuthill Estates Subdivision No. 2, all in favor? p ~ Y p at pposed. MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT FOR ELK RUN SUBDIVISIO NO. 2 BY THE DEVELOPMENT GROUP AND JUB ENGINEERS: N Johnson: Any discussion regarding these Findings of Fact? I have 1 item on a 13, same thing that Moe has, item 19 where the "net" is "not". p ge Alidjani: (Inaudible) Hepper: .I don't think you want to place a limit on the upper end. Johnson: Would you like to suggest we change that? Shearer: Yes Johnson: By eliminating "and" and S 125,000, also, take the between out since i is between nothing. Any other corrections, editorial or otherwise? Is there a t motion for Findings of Fact for this request? MERIDIAN CITY COUNCIL APRIL 6, 1993 PAGE 5 C~ ~ ~5~ 33 ~~a~~~3 ~L~ / d ~~;^~ Crookston: There is a requirement in the Findings of Fact that rightful and lawful use of Dixie Lane be provided. That was just provided to me tonight. The developer has also indicated the way they've got that platted out they will no longer need Dixie Lane for emergency access ,purposes. I would like to again verify that. I'd like to also withhold publication until that's verified. The Motion was made by Giesler and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #598 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Corrie - Absent: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to withhold publication until verification is made. Motion Carried: All Yea: ITEM --~i8''t PUBLIC HEARINGS VARIL REi~ST -fQR ~~~E'' {~~:. SUBDIVISION: DITCH TILING: Kingsford: At this time I will open the Public Hearing and invite a representative to speak to that issue. Gary Lee, 1750 N. Summertree, Meridian, was sworn by the attorney. Lee: I am with JUB Engineers and I represent the Development Group on this request for variance on tiling the Kennedy Lateral. The westerly boundary of the property consists of the Lateral itself as being the boundary line. It extends eight hundred and some feet along the westerly portion of this subdivision. The purpose of course for the variance request is to allow the developer to install fencing along his side of the property in lieu of the recently adopted tiling requirement by the City of Meridian. This particular, ditch lays along a natural ridgeline that divides some of the irrigated property in the area. When it was constructed they actually built the ditch up with a fill ditch so it sits above. natural ground two to three feet. If we • MERIDIAN CITY COUNCIL APRIL 6, 1993 PAGE 6 were to t he that ditch we'd end up with a mounted situation creating a natural boundary. In "addition Nampa Meridian Irrigation District has expressed a concern for the width of easement to be maintained as it is today and currently, if I recall correctly it's about 45'. What that would create is a space between this property and the property to the west that would be a maintenance problem for the Nampa Meridian Irrigation District if it were tiled and covered. The mounting of the pipe would also create a barrier for the extension of Calderwood Street which is a planned Collector Street for the circulation in that area. We are constructing a portion of that street now and will construct the balance of it on the phase to the south of this project. One of the other considerations is the size of the piping requirement. That particular lateral carries a sizable amount of water for irrigation and to t he it it would take probably a minimum of 48", possibly larger. We've also discussed the possibilities of installing a syphon. Nampa Meridian typically does not like syphons, they are a maintenance problem for them. I'd be glad to answer any questions the Council may have. Tolsma: Who is going to maintain this ground over here where the ditch is open? Lee: That's now being maintained by the Irrigation District. They have a ditch rider road on one side and they maintain the ditch and the road. Typically we can enter into a developers agreement with the Irrigation District that will allow us to fence closer into the ditch itself and the roadway and by doing that your cutting down on some of the maintenance area. They still need to have adequate room for their equipment to get into that area. Tolsma: How close would these back yard fences be up to this ditch? Lee: I can't give you an exact figure. It would probably be between 10 to 15 feet. Kingsford: As I recall, that is supposed to be wood fence in all those backyards. Lee: That's what has been planned, yes. Tolsma: Are you on a 45' easement? Y • MERIDIAN CITY COUNCIL APRIL 6, 1993 PAGE A Eng. Smith: The size of the ditch is definitely a consideration here and as Gary Lee mentioned it does create a syphon and typically those things are problems because of the silt that the irrigation water carries and depending on the velocity of the water going through them as to how much that silt settles out. The size of the pipe is obviously an expensive proposition for the developer. The other thing that you have to think about is when we get development on the other side of the ditch then we have a ditch running between two developments and I don't have to think to far back in time to remember a project that we're just finishing up piping a ditch between two developments because of public out cry from the people living along the ditch. That prior example was under the jurisdiction of a different irrigation agency than this one is and that irrigation district doesn't have the resources that Nampa Meridian does so there are some differences there too. Giesler: Do you have any input on if we were to have it tiled above ground? Eng. Smith: Nothing other than the berm. I don't know what impact that would have on extending the roadway, Calderwood to the west. I'm sure it would have some impact because it is high ground. Kingsford: Gary the situation between Northgate and Phillips Addition is similar? Eng. Smith: Yes. Kingsford: I think there's been some weed problem there but it also has been kind of an interesting foot transit path along that section. Have we had complaints along that that you are aware of? Eng. Smith; Not that I' m aware of, no. Tolsma: How quick do you have to know on this? Lee; The developer of course wants to start construction as soon as we can get approval on the final plat and it's been submitted and I believe that's going to be next Council meeting. Tolsma: I would like to meet with Nampa Meridian Irrigation and hear their thoughts on this. • • Planning & Zoning January 11, 1994 Page 18 Johnson: Thank you Wayne, anything else for Mr. Smith? Crookston: Do you know if your clients have any problem with preserving that idea of a pathway plan along Nine Mile? Smith: T o~:lieve they will be -in favcr vi i.iini., I think it preserves the integrity of that subdivision it adds some aesthetic value to the subdivision. I think with that 50 foot easement and the amount of distance from that easement to the top of the bank there should be no problem with that. Shearer: What can you tell us about the sidewalks on Ten Mile between Candlelight and along in the front of your main subdivision those are one going one way and one going the other way. I don't know if you have noticed but a lot of people have called it to my attention. Smith: We noticed it, I don't know what happened to Candlelight subdivision I know Parkwood Meadows and our subdivision and the subdivision to the south of us Kentfield Manor their sidewalks won't line up. I guess I can't offer any comment other than that. Johnson: Thank you Brian, we may have some other questions of you. Anyone from the public like to address the commission at this time on this application? Seeing no one then I will close this public hearing. We need Findings of Fact prepared gentlemen. Alidjani: I will make the motion that we have the City Attorney prepare Findings of Fact and Conclusions of Law. Rountree: Second Johnson: We have a motion for Findings of Fact and Conclusions of Law, all in favor? Opposed? MOTION CARRIED: AlI Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ELK RUN SUBDIVISION NO. 2 BY THE DEVELOPMENT GROUP AND JUB ENGINEERS: Johnson: I will now open the public hearing, if there is someone representing the applicant that would like to come forward please do so now. Hello Mr. Lee, you need to be sworn. Gary Lee, JUB Engineers, 250 S Beechwood, Boise, was sworn by the Attorney. Lee: This request before you this evening is an annexation and a • • Planning & Zoning January 11, 1994 Page 19 preliminary plat request for a parcel of land situated just south of existing Elk Run subdivision no. 1 on Highway 69. It comprises about 16 1/3 acres of irrigated pasture land right now with one existing residential home on one side. At this time the property is in the County and is zoned RT, the request before you is for an K-~3 zone" on aAOUt i j iU t) an acre and R-4 zone -G3'i t; ~ L;~la;.c~. The 7/10 of an acre that is being requested R-8 abuts existing R-8 zoning of the first phase of existing Elk Run subdivision just north of Calderwood as you can see on your preliminary plat. That particular phase of the subdivision was designed with that in mind in that culdesac. The overall development will consist of 42 single family residential lot with a gross density of about 2.6 lots per acre. The homes that will constructed within the development will be similar to the ones that are in phase one of Elk Run ranging in size of 1,370 to 2,200 square feet. There will be a common open space lot constructed adjacent and parallel to Highway 69 and allow for a landscape buffer between the roadway and the residential development. The site will be serviced by existing sanitary sewer and domestic water facilities are available in Elk Run subdivision no. 1 we will continue the system through the development for future developments to the south and the west. All the street within the development will be public streets conforming to ACHD requirements for local and collector. Calderwood Street which is along the north boundary of phase 2 and the south boundary of phase 1 is of collector status and it will line up with the existing collector street across Highway 69. In your packets there are some review comments from the Ada County Highway District. One item in particular that is the access we had shown in the original preliminary plat on Calderwood street. We have since concurred with ACHD's findings and performed a little bit of a redesign in that block to accommodate their wishes and that is to eliminate a direct access onto Calderwood. I sent out a reduced copy to the City Clerk last week and I think you probably have those in your packets now. The street design basically stated the same and we just shifted a few lots around and was able to accomplish the configuration quite easily. Also ACRD requested that one of the streets be extended to the south westerly boundary, we had 3 culdescas going to the south now we have 2 with the center street being a stub for future inter-neighborhood connections. All the lots will be totally landscaped and fenced as they are constructed. The developer of this project is also the home builder and they have developed a complete package. There will be a homeowners association established to maintain the landscape berm along Highway 69. We have reviewed the comments from the City Engineer and concur with what he stated in his review. There are a couple of items we'd like to get clarification on and one of those is the requirement for a common lot for the sewer line tat is going through the subdivision. We had originally shown it as an easement we prefer to leave it as an easement for maintenance • Planning & Zoning January 11, 1994 Page 20 • We believe if it is a common lot it will be fenced off and probably be a place to catch trash and weeds. If it is a landscaped easement it will be maintained by the homeowner. And there are some questions about how the water line will be extended along Highway 69 and there are some policy decisions that he needs to 1ilil~iC C:C~Ill:CZllililj t~,.11dt ].tem. And We ic:rtc~l.:ai~' iriviii,i ii~iv to et clarification on that as well. There was a comment made by they City Planner, Wayne Forrey, about schools. Apparently there is a need for a school site to the east of the project near Meridian Greens, and there was a statement in his response that the developer enter into a development agreement which stipulates that adequate school site be acquired by the school district before the final plat is approved. And we read that to mean that the developer will enter into a agreement and not that the site will be acquired prior to the signing of this plat. And if there is a different way of interpreting this I would like to know that. If you have any questions I will be glad to answer them for you. Johnson: Thank you Gary, any questions for Gary Lee?' Rountree: I had a question, why the different zoning from an R-8 to an R-4, it looks like all the lot sizes will meet an R-4 with the changes you made. Lee: There in the very upper portion next to South Gull, lot 39 and block 1, its North Calderwood there is a 65 foot wide lot in there. The northeast corner, and that portion of the property was platted in phase 1 and there is a small corner that was not included in the boundary because of the original homes site for the Christensen property which they didn't own at the time otherwise it would have been included in the first phase of the boundary. You are right other than that one lot it would meet the minimum requirement. Johnson: Any other questions for Mr. Lee? Hepper: Is that the only part that is going to have the R-8? Lee: Yes it is Hepper: Just that one lot? Lee: Well, it is described as the corner where the existing house is which a portion of lots 35, 36, and 38. Hepper: So those lots to the east side of Elk Run No. 2 are adjacent to the Highway over there those would all be R-4? • Planning & Zoning January 11, 1994 Page 21 Lee: Everything to the north of Calderwood in this development would be R-8, in phase 2. Hepper: Everything north of Calderwood. Lee: In just phase 2, a portion of phase 1 is R-8 and R-4. Hepper: Everything north is R-8 Lee: There are 4 lots in there that are R-8 zoned. Hepper: Everything south of Calderwood is R-4, they would meet the City's requirement for 1,400 square feet minimum? Lee: Well the plan that they are building out there are ranging between 1,370 and 2,200 with an average of 1,600 feet. I don't know how many they have planned at the 1,370 level maybe the developer would have a better idea. Hepper: In order to meet the City Ordinance they would have to have a minimum of 1,400 square feet in an R-4 designation. Just so he is aware of that. Johnson: Thank you Gary Crookston: I have a question Gary, what is the status of the I think it is the Kennedy Lateral? Lee: Well the way I understand it the developer plans to finish that project with phase 2 under his phase 2 budget. Crookston: Phase 2 of this project or this project? Lee: well,-Elk Run no. 2 Johnson: Anyone else have any questions of Mr. Lee before I dismiss him? Thanks Gary, this is a public hearing anyone else from the public like to address the commission please do so now. Gary Smith, I'd like you to comment on that #5 on your recommendations please, maybe we can get a clarification there. Smith: Mr. Chairman, members of the Planning & Zoning Commission, this is a 12 inch diameter sewer line and it is serving quite a bit of area to the south. My concern is that we maintain continued access to the sewer lines that are outside of public right of ways. To this I have been requesting the developers to provide a common area lot that is designated for sewer line use only. Typically we have requested that they provide an all weather surface that will allow access across it. In this particular instance where we have • . Planning & Zoning January 11, 1994 Page 22 a manhole in the culdesac and another manhole on Highway 69 that is not an absolute requirement. It could be landscaped but my concern again is that it is preserved for our access to that sewer line. If we don't do something to preserve that access than as lots are sold and builders are building there is a strong possibility that the easement will die built over. We lose control with wtcta~ happens in an easement and I can'take you to several places in town, we can start at Meridian Ford where a sewer line runs underneath their garage. We can go down Meridian Street to the church down here across from Councilman Yerrington's place where the sewer line runs underneath the main building. Go over on west 7th there is a shop building that a guy built in the back of his yard over the top of a 24 inch diameter intercept, it happens all the time. And that is what I am trying to do preserve our access to the sewer line. Johnson: How large will this common lot have to be? Smith: We have been requesting a 20 foot Johnson: The same size as an easement? Smith: Well, it would be yes, it would b easement in a common lot. I would be platted a area it would be taken care of by the homeowner I say in this particular case it wouldn't be an to have an all weather surface because we can't both ends of it because of the short distance. inch diameter or the possibility of it plugging inch lateral. Johnson: Thank you Gary e a sanitary sewer s a lot as a common s association. Like absolute necessity access a manhole on It could be a 12 up in a standard 8 Rountree: What is the situation with the water lines? Smith: Well the situation is that our water master plan requires that we have a grid network of pipes installed in such that we have a 12 inch diameter line on section line roads and a minimum 8 inch diameter line crossing at mid sections lines. Where we get into arterial roads, minor arterial roads that we find on section lines alI the time, then the problem becomes how do you continue these water mains. If you don't continue them through an adjacent subdivision street so it can jump out onto an arterial as an access it is going to be very difficult for the next guy tot he south of this development to come back in the water line, how far does he have to come to get it. They City's policy in the past has been that a developer extends sewer and water to his property and through his property so that the next developer can get a hold of it and extend it on to his development. We continue to have • Planning & Zoning January 11, 1994 Page 23 problems with corner properties as to how much the developer installs where he doesn't really have a need for the line but yet the next developer does. And they have to be able to get a hold of it without going a great distance to do this. In this particular case with the access to_this subdivision through Calderwood you have a pretty good distance to the south boundary I think that is~~~~~ something that we as a City need to address and define a policy that is a little clearer than what it is now. Because right now it is a little bit fuzzy a little bit arbitrary and I think it can be defined a lot better so in all aspects the development community knows what they need to do. I guess this just kind of pointed out a little emphasis on the problems that exist. Johnson: Where would you require this common Iot in the past and what has been your experience with maintenance keeping the leaks down and that sort of thing. Smith: Well, so far our requirements on these common lets are still in the development stages and we don't really have any that have been under use since we have been requiring it and since these subdivisions have been developing. Johnson: This is a recent thing. Smith: And like I said we tried to stay away from it as much as possible and only if there was no other way to serve the subdivision that is the only time I will look at and consider it. In this particular case it is a matter again of running a sewer line down Highway 69 and also installing sewer line in the subdivision street. The sewer line on Highway 69 has no use to the developer at all. It is a problem when you have a double fronting lot situation. Johnson: Thank you Gary, Mr. Forrey would you comment please with respect to Mr. Lee's concern regarding, really a clarification as to whether the development agreement is an agreement or a requirement. Forrey:_ Mr. Chairman, members of the Commission, when Gary re- stated his interpretation I re-read and I could see where you would draw that conclusion. My intent in writing that statement in the staff report was that prior to final plat approval by the City Council that a adequate school site be either secured or in the process of being obtained by the School District and that would be spelled out in a development agreement. The situation in this particular part of the community is becoming real acute with the School district. Several years ago the district never anticipated that there would be much more development than just around Meridian Greens, in fact I think the School District has mentioned several ~ ~ Planning & Zoning January 11, 1994 Page 24 times that they were surprised that the project was successful. They had in their mind why would people live south of the Interstate and so they never put in a elementa formula. And now it is an active growth area it iscimportant area a good neighborhood to live in but there are is no school. And so tonight on the agenda_ I think there a_ re 3 or 4 projects in this area and there is more land coming in on Prelimina School -District has specifically asked that the ~' plats so -the- final plat a City hold off any are looking atr2 areas and Mr.gMartysGoldsmith is ked. Now they his Sagehen Estates, he has by letter agreed to donate a player in provide a portion of a school site in section 20 about apmileoeast of this Elk Run. And that satisfy one area of the school district but they are still looking for a school site just directly south of Meridian Greens in about the center of section 19 and that would be the school that would serve Elk Run. District is saying let us catch our breathtatlittlelbit,~they are in active negotiations and they are probably close to getting a school site but until they do they have asked that w.e take that into consideration. So my intent was proceed with the preliminary plat but no final plat approval until the school district gives us the green light when they have a site. That is probably not good news for the developer but that was our intent. Johnson: Thank you Mr. Forrey Hepper: Is there any designations in that area for City Parks or neighborhood parks? Forrey: Yes, with that school site there would be a 5 acre neighborhood park and that is, we are doing that with the school district, looking at the amount of land they would require for a neighborhood park as well. Hepper: Some of these subdivisions are having parks within the subdivision, is there any type of status re may lots it works out nice to have a otr desi on mat' so subdivision park or anything? cJnated as a Forrey: -Mr. Chairman and Commissioner Hepper, it does. Some of the larger proposals lend themselves to a donation that may be of a meaningful space of a park. This Elk Run is also at the extreme western edge of the sewer boundasmall and it is much property west of Elk Run that will develop on thee Mer dian Road trunk so we are really focusing on a school site across the highway which is unfortunate for having to cross but the school and the park will most likely be south of Meridian Greens and that would the park that these children and citizens would use. It is . ~ ~ Planning & Zoning January 11, 1994 Page 25 not a good situation but it time I think there will be a park in the other section west of Elk Run that will take another sewer trunk and that will be several years before that area develops. Sagehen Estates and Upland Meadows we're actively talking to Mr. Goldsmith about a neighborhood park. Johnson: Thank you Wayne, Mr. Lee, any concluding remarks? Does anyone else have anything else, I thought I closed it. I will formerly close the public hearing. What would you like to do? Rountree: I move that we have Findings of Fact and Conclusions of Law prepared particularly emphasizing the situation with the sewer and water. Shearer: Second Johnson: Its moved and seconded we have the City Attorney pre are Findings of Fact and Conclusions of Law with special emphasis pall in favor? Opposed? MOTION CARRIED: AlI yea ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-8 TO L-O BY ROBERT AND FRAM WHITMIRE: (Meeting adjourned for a 10 minute break) Johnson: I'll now open the public hearing is there someone representing the applicant that would like to address the Commission please come forward. Sheryl Ott-Ward, 4258 White Ash Drive, was sworn by the Attorney. Ott-Ward: The property that we are proposing the zone change on is located just west of Meridian Road on Cherry Lane an area of mixed residential and commercial use. Within a 2 block radius there are several small businesses Meridian Family Chiropractic and a number of others. We feel this property would be compatible with these other small businesses that have minimal traffic flow as this owner schedules their clients on an appointment basis. driveway offers easy off access on Cherry Lane and fe lse thatcit would not impede the traffic flow there. In reviewing the Comprehensive Plan for the City of Meridian we feel that it would meet the long term goals of the City. We request your a this application. I'd be happy to answer an PProval on have. y questions that you Johnson: Thank you very much, any questions of Miss Ward? BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF THE DEVELOPMENT GROUP FOR A VARIANCE FROM 11-9-605 M PIPING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on April 6, 1993, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for April 6, 1993, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 6, 1993, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural ~ ~ waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent :in ability to detour access to said ditch, lateral or canal. 4• That the Applicant has requested a variance from the above ditch piping requirements and be allowed not to pipe the Kennedy Lateral but to fence the ditch. 5• The entire property in question is described in the variance application and i~ incorporated herein as if set forth in full. 6• That the property in the area where the variance is requested is zoned R-4 Residential and is proposed to be used in that fashion. 7• That the Applicant stated at the hearing that the piping of the ditch would require a siphon, that tiling would create a mound, that it would be a barrier to Calderwood Street, and that the ditch is quite large to be tiled and such would be cost prohibitive; in the application, in answer to the question why the granting of the variances would not confer upon the Applicant special privileges that are denied to other lands in the same district, the Applicant states as follows: "It is our belief that the Kennedy Lateral should be allowed to remain an open ditch as it traverses through all affected parcels of land due to its size and water capacity requirements."; that in response to the question what special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not • applicable to other lands, structures, or buildings in the same district, the Applicant states as follows: "No special circumstances exist. However, due to the size of the Kennedy Lateral and the amount of water flowing through it, it would be cost prohibitive to install a pipeline of sufficient size to meet the needs of the irrigation district." 8. That the Applicant owns the property. 9. That no people appeared at the hearing objecting to the variance application. CONCLUSIONS 1• That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property., 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances and under 11-9-605 M the City may waive the requirement of piping ditches if the City Council finds that the public purpose requiring such will not be served in the individual case. 3• That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4• That the Council may take judicial notice of its own • • proceedings, those of the Commission, governmental st ordinances atutes, and policies, and of actual conditions existing within the City and the State. 5• That the following provisions of Section 11-9-605 PIPING OF DITCHES M of the Subdivision and Development Ordinance are noted which is pertinent to the Application: All irrigation ditches, laterals or canals, exclusive o natural. waterways, intersectin f and contiguous, or which canals crossing or lying adjacent either or both sides of the area being subdividedrashalluch covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch The City may waive this requirement for coveringasuch ditch lateral or canal, if it finds that the ublic requirin P purpose g such will not be served in the individual case. covering program involving the distribution system of any irrigation district shall have the prior approval of th y affected district. _ at 6• That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FIN_ NGS No variance shall be favorably acted upon by the Counc' unless there is a finding, as a result of a public hearinll that all of the following exist: 9. a• That there are such special circumstances or conditio affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable• subdivider shall first state his~reasonsuin wr ting astto the specific provision or requirement involved; b• That strict compliance with the re uireme Ordinance would result in extraordinary hard hip totthe subdivider because of unusual topography, the nature or condition of adjacent development, other conditions or other conditions that make phstrict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. ~ ~ c• That the granting of the specified variance will not be detrimental to the public welfare or injurious to other. property in the area in which the property is situated; d• That such variance will not violate the provisions of the Idaho Code; and e• That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. ~• That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that th ditch was in existence at the time that the Applicant purchased e propert the y; that the City has required other developers to the ditches; that the granting of this variance would be of s eci ' economic gain to the Applicant because the ditch would not ha fic be tiled and such would save the A ve to . pplicant money; that the variance would be of benefit to the Applicant because other developers have had to pay for tiling of ditches; that it is likely that additio residential development would occur on the west side of the d' nal itch. 8• That it is concluded that the size of the ditch is a substantial reason for having the ditch tiled rather than a reaso for granting a variance from the requirement of tiling it. n 9• ,That the requirement of tiling ditches is a health and safety requirement; that there are children who drown in ditches ' Ada County and the Treasure Valle in y almost every irrigation season, particularly in ditches the size of the Kennedy Lateral• th City has experienced a public outcry from residents ad., at the ditch in Glennfield Manner to have a ditch tiled when thJacent to a failed to the a ditch man a developer y years ago which was shown on the plat of the subdivision that it would be tiled but was not. 10. That regarding Section 11-9-612 A. 2., regarding the cul- de-sac length, it is specifically concluded as follows: a• That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b• That strict compliance with the requirements of the ditch tiling Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted since the ditch and the tiling requirement were in existence when the Applicant purchased the property; that there were no factors economical, unknown to the Applicant that h support oa granting of a variance. c• That the granting of a variance would be detrimental to publicublic~s welfare and possibly injurious to the d• That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 9• That it would not be in the best interest of the City to grant the variance; that not be served by the granting of this the public purpose requiring tiling would variance; that it concluded the Application for a variance from the 11-9-605 M P is IPING OF DITCHES should be denied. • • The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED -LG~_ COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED .t~i~ COUNCILMAN TOLSMA VOTED - ~, MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-9- 605 M is denied. APPROVED: --- DISAPPROVED: . . ~ ~ ~ t9 ~~~ ~3 Note To: Mayor, Council & C' Engineer From: Wayne S. Forrey ~ ~ Name of Pro ~ect „jj~~~~ ~{ Filino Status 1• One Subdivision #4 LLot ss Final Plat 25 2. Lounsbury Lane Sub. Preliminary Plat/Annex/Zoni 3. The Berry Patch n g 41 Annexation 4• Cedar Crest Apartments Conditional Use Permit 2 5. Northwest Lineman College Conditional Use Permit 20 6• Midtown Square Preliminary Plat/Rezon 1 7. Cherry Lane Village #4 e 46 + L. O. Final Plat 22 8- Tumble Creek Sub. Preliminary Plat/Annex/Zonin 296 9- Crossroads Sub. g Preliminary Plat 256R & SC 10. Saddle View Sub. Preliminary Plat/Annex/Zonin 73 11. Haven Cove #2 g C2 ~ ~ Preliminary Plat 52 ~ ~ ~~ Total Development Reauo~+__c..~..__~~_ _ f Sv Residential Lots ..g.;~ q~D3 Apartment Units 20 Commercial Lots 5 Industrial Lots 1 Limited Office 3 Acres /~uti 13 X007 C~7'1'OF MERIDIAN ~~ ~ ~~~.~ttdc'a~y ~f'v~~tttloot ~l¢~cicS 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 11 August 1997 Phones: Area Code 208 LOU Bonfrisco ^ D OFFICE: Nompa 466-7861 1958 S. Covey ( ] Boise 343-1884 Meridian, ID 83642 tititi.../// SHOP: Nampa 466.0663 Boise 345-2431 RE: Information on Creatin a for Pressure Urban Irrigation S tem oin ment District - Subdivision y Elk Run No. 1 Dear Mr. Bonfrisco: I write this letter as follow-up to our discussion by telephone on Friday, 8 August 1997. As I stated on the telephone, the Elk Ru No. 1 Subdivision will have to petition the Irrigation District with at least 60% of the homeowners signing the petition, in ord n for the Irrigation District to create a Local Improvement District to install a pressure urban irrigation system. The following items are enclosed for about the Local Improvement District yprocess in order to obtain signatures on the Petition for Creation of Local Improvement District. 1 • Copy Of plat map of Section 24 3N 1W area shows Elk Run Nos. 1 and 2) (pink highlighted 2• Individual packets that include copies of the laws coverin local improvement district, explanations, sample levies on existing pressure systems, and the Petition for Creation of Local Improvement District that must be signed by 60% of the homeowners in the affected area. 3• Several copies of an informational brochure to pass out t individuals who are interested in the Local Improvement District process. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ' ~ 11 August 1997 Lou Bonfrisco Page 2 of 2 4• A printout of the subdivision showing the names of those individuals that appear on the District ~ s system as the owners of the properties and their current mailin addresses. printout also gives the legal description and the This size, as well as the Districts assessment number, property All of this information is being provided for your use as you canvass the individuals in these subdivisions for interest in doing a local improvement district for installation of a pressure urban irrigation system. I am also enclosing.a number of my calling cards for those individuals who have questions that you cannot answer. I might also add that there are a few lots that have excluded their water rights. In order for these properties to participate in the pressure urban irrigation system, they would need to annex their lands back into the Irrigation District. This is a relatively simple process that I can explain to any individuals who are interested. I have marked, in pink, the lots in the subdivision that have excluded their water rights. They may annex their lands individually (expensive) If there are any individuals who are terestedivided between all) . call on me at the Districts office. ~ Please ask them to I have previously spoken with the former homeowners association president, LaMar Rock, concerning this matter and he was in the process of canvassing the group for responses to the local improvement district issue. .During that period of time, elections were held in the homeowners association, and Mr. Rock was no longer the president of the association. That is the last I have heard on the subject. I hope that this information is helpful to you in your endeavors and if I can be of any further assistance to ou to call on me at the Districts office telephonel number elisted above. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Each Director Water Superintendent City of Meridian Jack Boone enc. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Eng)neer 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, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY CI 1 Y OA Good Place to Live F MERIDIAN 33 EAST IDAHO MERIDIAN, ID,A,HO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/guildin8 DeP~ent (208) 887-2211 Motor Vehicle/Driveis Lio~e (2pg) ggg.4443 ROBERT D. OQRRIE Mayes March 11, 1997 Apex Construction 852 E. Cougar St. Meridian, ID 83642 Dear Sirs: COON I I~~c inc.... WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & 7 CO~e•eiSe~n.~ JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY This letter is in regards to the large pile of dirt and construction waste located at the west end of W. Calderwood St. in Elk Run #2 Subdivision. This is in violation of the followin City of Meridian Ordinance: g 7-306(D): No person shall throw, discai+r~or de osit a refuse in or upon any street, alle sidexMl~ or~acan ~ rubbish, garbage, or canal, irrigation ditch„ drainage ditch ar other water ~~~ or in or upon arty 8-903 (C ): Waste matter as hereinafter defined, which by reason of its location and character is unsightly wtd interferes with the reasonable en 'o property by neighbors, or which would i~errterially hamper or inter ere w 'th the prevention or suppression of fire upon i~ premises, or the abatement of a nuisance as defined by this Section, is hereby declared a public nuisance. The City requests the dirt and waste be r~noved within fif}een (15) days from date of this letter. Failure to remove the dirt ~d waste may be subject to a fine of not more than three hundred dollars ($300), and/or imprisonment for a period not exceeding six (6) months in jail. A writt+~ appeal to Meridian City Council may be filed. The written appeal must be filed with the City Clerk within ten (10) days from the date of this letter. This letter is written in hope that further action by the City may be avoided. If you have any questions, please contact meat 888-4433. Sincerely, .:Q,~•v~ Dean Ehlert Code Enforcement Officer Planning & Zoning Dept. City of Meridian cc: William Schwartz -City Attorney Shari Stiles -Planning & Zoning Administrator ~,,1,~ ~' ~~ a'~~~~>Yly [~LQ~ i~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 Phones: Area Code 208 Steven Mahaffy OFFICE: Nampa 466-7861 Ringert Clark Chartered Boise 343-1884 P. O. BOX 2 7 7 3 SHOP: Nampa 466-0663 BOlSe, ID 83701 Boise 345-2431 RE: Elk Run Subdivision No. 2 Dear Steve: I am enclosing a copy of a letter dated 16 June 1995 sent to Will Berg of the City of Meridian by Bill Henson, District Assistant Water Superintendent. In Bill's letter, the message that I am getting is that the District intends to do something with the pressurized irrigation system because of all of the inspections of the system that Bill indicates in his letter that have and will be done by the District when the time comes on these things. I am asking that you send a letter to Jack Boone of The Development Group at 1903 South Gull Cove Place, Meridian, Idaho 83642. Gary Lee of J-U-B Engineering, Inc. is the project engineer according to the records that the District has for Elk Run Subdivision No. 2. If you would send them your questionnaire and urge them to get the process started for a contract if they intend for the District to own, operate and maintain the pressurized urban irrigation system that they are installing in Elk Run Subdivision No. 2. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer cc: File Each Director Secretary of the Board Water Superintendent Bill Henson Ted Clinton lCity of Meridian enc. C~~p~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~~~~~~~ M,4Y 2 6 1995 C11Y OF MERIDIAI 72acujFia ~t ~Pencduuy ~fi~gatiosL ~i~z~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Jack BOOne OFFICE: Nampa 466-7861 The Development Group Boise 343-1884 1903 S. Gull COVe Place SHOP: Nampa 466-0663 Meridian, ID 83642 Boise 345-2431 RE: Elk Run Subdivision No. 2 Dear Jack: I write in response to your telephone call on 23 May 1995, requesting a construction contract for the above-referenced subdivision. I have enclosed copies of past correspondence for your files. Please contact, as soon as possible, the Districts legal counsel, Steve Mahaffy, at 342-4591 and give him the necessary information to begin and complete the contract for the proper signatures. If you have any further questions, please do not hesitate to contact me. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer PAC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Gary Lee - J-U-B Engineers City of Meridian Ada County Development Services enc. ~Oo G'~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 25 May 1995 r. ~ I c ~ J v ~ °~~ o p U , c 'p ~ ~'y d ~ D L U° D~ ~ O ~ y ~_ .q L J N E H m ~ C~ a L L a > D ~ o- n o ~ d ~ o o V U.L y Z O r ~ C D++ V .n -~ O U O C1 .s~ Z ~ ~ ~~ 'C D ~ o ~ E C +~' ~ Z c C ~ 3 ~ p° oz ~ Df N -U, o D v- U (~ ai c D- o O m --~ S O W V p O~ `` O a O 0 ~-~~m ~'~ ~,m m vo ~+ ~v ~ E av Uo ~~ >.u~o ~ cO my ~ ~ v~~ a -~ Z ~ a, ° ~ ~ m p v. 'v v- ° u • ~ E ` ova,; cE~ o''' E 3 vy3 ny O~ J • ~ D w N ~ C X a ~ 0 3 c W v 7 U O O oZ ~ i n o~ z o•`- ua ~ a ~ N .~ s - ~ c ~' c H v v. v • d' L~ D ° O ~ ~~ y ~ ~ ++ M ~' D ~' J .O y'' .D ~ m r0+ ~ °' U o~ . c ~ O ++ ~ ~~ v . o~ 3 0 v w E v E i ~ ~ v a D q w O m o c '''' ~ v o a1 O ~~ ~ m O Ewr-m a1 v ~ ~m o»r~ a, D c+. o N . 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O ._ Es O V c ~ a o ~ ~ n ~ O D L ~ ~ ; J C .~ O ~ O O v o_ o O c ~ _ " O O ,L ~O ° ,~ ~. ~ •~ ~ "E~ F- O C O ~ fn U O.+ o~ m ,. .; O v L L v 'D C 0 0 a) Z O 0 Q V w 0 ~, v m x w 0 O 'D O t E 0 c 0 .C a+ v t N N W z •~~~• ~Za .» ~o°w J ~ ~ V.` Q a ~= 2 .a a o ~ <'' Z U r Z J pp r W ~ m 2 W a > ~ J ~ < Y 0 ~"~ = Z ~ `~ r ~ ,_ W n L a X W C O E 0 U V ~ ~ +' ~ O a D. c D '° z° ~ v ~ ~ +' ~ O a v, ` c v ~ z° ~ ;. ~ ~r~~,~' A ~ , ~,,y r ,. ~ ENGLEWOOD CREEK DEVELOPMENT CORPORATION 2460 S. MAPLE GROVE RD. -BOISE, IDAHO 83709 (2081 377-8283 / IF) 376-6222 City of Meridian City Council 33 E. Idaho Meridian, Idaho 83642 April 20, 1995 Re: Englewood Creek Estates Subdivision Dwelling minimum square footage Dear Mayor Kingsford and Council Members; ~~~~~~ a~~ z i ~s~~ CITY OI+ ~~Ii~Ir~.rd We respectfully request a Public Hearing for a reduction in dwelling minimum square footage from 1800 square feet to 1450 square feet. As previously indicated, the smaller tots around the perimeter of the development next to adjacent subdivisions having smaller homes would utilize the lesser square footage whereas the larger lots on the interior of the development would have the larger homes. The reasons for this request are as follows: 1. Mortgage interest rates have increased substantially since preliminary plat was submitted for approval, causing a substantial decrease in the market that would qualify for the mortgage loans. 2. Adjoining subdivisions have been approved - Candlelight Subdivision 1500 - Parkwood Meadows 1400 - Saddle View 1400 - Firelight 1400 - Cherry lane Meadows 1250 for lesser square footage. Square Feet 3. The overall market has subsided to the point that larger square footage requirements could and would cause substantial financial burden on the developer from the lack of lot sales because of no demand for them. ' erely, Richard J.N. Jewell R~CE~~E~ APR 1 1 1~~~ CITY OF MERiD1A ~a~sr~ ~t ~tenid~act 7~/tigatiact ~ld~tict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 14 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 E~~ ~j(/t h SHOP: Nampa 466-0663 Jack Boone Boise 345-2431 P. O. Box 480 Meridian, Idaho 83680 Re: Nampa & Meridian Irrigation District participation in piping the Kennedy Lateral Dear Jack: At a recent Board meeting the participation of Nampa & Meridian Irrigation District in the piping of the Kennedy Lateral through Elk Run Subdivision No. 1 and No. 2 was discussed. The proposal was that The Development Company pay for all of the materials that are necessary for the piping project and that Nampa & Meridian Irrigation District supply the labor, the machinery to lay the pipe, and the form boards for the concrete work. Nampa & Meridian Irrigation District's Board of Directors decided that we would accommodate this project in the fall of 1995. The District will need the pipe available anytime after the end of the water delivery season which is projected to be between the 1st and the 15th of October. The project will require 48-inch concrete reinforced pipe, Class III at a minimum. I would like for the joints of the pipe be no longer than ten feet. We will discuss the ordering of the concrete in the fall. Please have the developer supply me with a letter of intent for our records. If you feel that further discussion is required regarding this matter, feel free to contact me. Sincerely, P John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board John Sharp Bill Henson Rider 5 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ~s~. • DEVELOPMENT AGREEMENT lam" d ~ ~- THIS AGREEMENT, made and entered into this day of September, 1994, 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 THE DEVELOPMENT COMPANY, a Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is 1895 S. Meridian Road, Meridian, Idaho 83642. W I T N E S S E T H: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth in full; and ~~ WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511 A, Development Agreements, which provides that cities n may entered 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, and 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-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the DEVELOPMENT AGREEMENT - 1 • annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, 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 1,350 square feet of floor space for Lots 35, 36, 38, and 39 of Block 1, exclusive of garages, and that single-family houses on all. other lots shall have at least 1, 400 square feet of floor space, exclusive of garages. 3. That the property zoned R-4, described in Exhibit "A", shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, manufactured units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the DEVELOPMENT AGREEMENT - 2 ~ ~ approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and 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 lines as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. DEVELOPMENT AGREEMENT - 3 • • 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 drains lines, curb and gutter, street paving, etc.) and that the materials for 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 competed 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 unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer,. that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any DEVELOPMENT AGREEMENT - 4 • • 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 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 security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the DEVELOPMENT AGREEMENT - 5 i ~ construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of .the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has ~,,/ expressly agreed to enter into a late comers agreement, (~ " ~ if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the ~~ subject development; that sound planning requires fig"`' construction thereof at the present time in order to ~~(~~ ,A~ accommodate future. expansion and development. In {/ G~r~~" recognition of the cost savings which can be accomplished ~r'~ 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 Occunancv will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an DEVELOPMENT AGREEMENT - 6 • addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancv shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That Developer agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: Developer: City Engineer The Development Company City of Meridian A Partnership 33 East Idaho ~ 1895 S. Meridian Road Meridian, Idaho 83642 Meridian, Idaho 83642 Phone: 887-5622 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 or the 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 - 7 a i Development Agreement, and the Ordinances of the CITY of Meridian. DATED this date, month and year first appearing. DEVELOPER: THE DEVELOPMENT COMPANY, A Partnership By; lt..~~ ~~h«.~~~.,v General Partner CITY OF MERIDIAN By: Grant P. Kingsford, Mayor By: William G. Berg, Jr. , City Clerk STATE OF IDAHO ) ss. County of Ada ) On the ~ day of '7~``~`~ 1994, before me, the undersigned, a Notary Public in and for said S ate, personally appeared Lisa Chechi, one of the partners of the Development Company, known, or proved to me, to be a partner that executed this instrument and the person who executed the said instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. C.~~ Notary b is or ho Residing at aho (SEAL) My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On the day of , 1994, before me, the undersigned, a Notary Publican and for sa d State, personally appeared GRANT P. RINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. DEVELOPMENT AGREEMENT - 8 • EXHIBIT "A" A parcel of land being a portion of Lots 4 and 5 in Block 1 of ELK RUN St7HDIVISION, as shown of record in the Office of the Ada County Recorder in $oise, Idaho, in Book 63 of Plats•at Page 6303 and 6304, and a portion of the Northeast of Section 24, Township 3 North, Range 1 West, BO19euarter Meridian, Ada County, Idaho, and more particularly described as follows: Comment-ing at a brass cap monument marking the Northeast corner of said Section 24; thence south Oo degrees 37'36' We$t 1,298.50 feet along the Easterly boundary of said Section 24, also said bounds the centerline of South Me~•idian Road (State iH ghteayg69) to an iron pin; thence leaving said boundary ' North 88 degrees 55'46^ West 65.00 feet to a 2" iron pipe and iron pin marking the Southeast corner of Lot 1, Block 1 of said ELK RUN SDBDIVISION, also said point being THE South OORdegr~s~7~36$EWestI1G352~po£eet, ara easterly boundary of said Section 24p. andecenterltne of South Meridian Road to an iron pin on the southerly boundary pt the Northeast Quarter of said Section 24; thence North 89 degrees 34'30" West 72,].0 feet along said Southerly boundary to an iron pin on the centerline extended of the Kennedy Lateral; thence leaving said southerly boundary North 32 degrees 1'7'30^ West 117.99 feet along the extended centerline of said Ke~lnedy Lateral to a point on the centerline of the Kennedy Lateral; thence continuing along the centerline of said Kennedy Lateral the following courses and distances: North 30 degrees 37'30" West 139,].0 feet to a point; thence North 41 degrees 08'23" Ti+lext 989.03 foet (formerly known as North 41 degrees 37" West 1,019.00 feet), to a point of curvature; thence Northerly along said cutup to the right 163.75 feet, said curve having a central angle of 46 degrees 54'45", a radius of 200.00 feet, tangents of 86.78 feet and a Long chord of 259.22 feet bearing Nort21 17 degrees 41'01" West (formerly known as North 25 degrees 06" West 82.05 feet) to a point of tangency; thence North OS degrees 46'22" East 39.11 feet {formerly known as North 04 degrees 28" East 86.00 feet, more or 1QCC) to a point on the centerline of West Calderwood Street, also said point being the Southwest corner of said ELK RUN SZ7BDIVISION; thence leaving thQ acnterline of said Keiuzedy Lateral south 89 degrees 52'45" Rapt Q21,6X fCCt (Lormerly known as -1- • • North 89 degrees 06° East 828.02 feet) along the centerline of said west Calderwvoc~ Street and the southerly boundary of said ELK RUN SUBDIVISION to an iron pin; thence leaving said centexlinp and continuing along the boundary of said ELK RUN SUBDIVISIOIJ North 01 degrees 01'15" East 30.00 f®et to ~n iron the saut;heast corner of Lot 5, Block 1 of said ELKking RUN StTBDIVI$IpN; thence leaving said subdivision boundary North 89 degrees SZ'4S" West 86.74 feet along the Southerly boundary of said 81ock 1 to an iron pin marking the Southwe,pt corner of said Lot 5; thence continuing along the boundary of said Lot 5 North 09 degrees 00'52" East 99.64 feet to an iron pin marking the xorthwesterly corner of said Lot 5, also said point being on the right-of-way of South Gull Cove Place, also said point being a point of Icon-tangent curvature; thence Northeasterly along said right-of-way and curve to the left 134.68 feet, said curve having a central ariglc of 14s degrees 23'59~, a radius of 52.00 feet, tangents of 183.75 feet and a Long chord of 200.07 feet being North 23 degrees 30`31" East to an iron pin marking a point of reverse curve; thence continuing along said right-of-way and curve to the right 17.91 feet, said curve having a central angel of 51 degrees 29'04" a radius of 20.00 feet, tangents of 9.61 feet and along chord of 7.7.32 feet bearing North 2~ degrec$ Ol•46" west to an iron pin marking the point of tangency; thence continuing along said right-of-way North QO degrees 37'36" East 62.98 feet to an iron pin marking the Northwest corner of Lot 4 of said Black 1; thence leaving said right-of-way South 89 degrees 22'248 East 119,69 feet along the northerXy boundary of said Lot 4 to an iron pin marking the Northeast corner of said Lot 4; thence eontiriuing along ~'O~dBry of said Lot 4 South 00 degrees 37'36" West 99.21 feet to an iron the Southeast corner of said Lot 4; thence pin marking Sout22 s8 degrees 55'45° East 10.00 feet along the southerly boundary of Lot 1 of said Block Z to THE REAL PoZNT OF BE[;INNING. -2- ~, ' , • . EBHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND THE DEVELOPMENT COMPANY, A Partnership This subdivision is for 44 single-family dwelling units with an overall density of .98 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer lines to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to the southern boundary of the property. 2. Construct streets to an within the property to Ada County Highway District and City of Meridian standards. 3. Dedicate the necessary land from the centerline of Meridian Road for public right-of-way. 4. Pay any development fee or transfer fee adopted by the CITY. 5. Meet and comply with the Ordinances of the City of Meridian and in particular Section i1-9-616, which pertains to '1c~ ~ development time schedul and requirements and i1-9-605 M, which ertai t '~i ~ p ns o the ling of all ditches, canals, and waterways, specifically including the Kennedy lateral. or in the alternative the DEVELOPER may apply and receive a variance from the CITY regarding this condition. 6. Develop the property subject to and controlled by the Subdivision and Development Ordinances and the Meridian Comprehensive Plan adopted January 4, 1994. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. 8. Provide berms and landscaping on entrances and along Meridian Road to be maintained by the Homeowners Association. Landscaping will be maintained in a neat and attractive condition and be provided with an automatic sprinkling system. 9. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the CITY. 10. Fence all lots with dog-eared cedar no higher that six feet. ERHIBIT "B" - 1 i r ~ • • w 11. Provide pedestrian walkways as required by Section 11-9-605 C. 12. Provide planting strips and reserve strips as required by Section 11-9-605 G. 13. Preserve existing natural features as required by Section il- 9-605 H.2. 14. Address provision of lineal open space corridors as required -"by Section 11-9-605 K. 15. A ess provision of pedestrian/bike paths as required by Section 11-9-605 L. 16. Provide a fenced, 20-foot-wide all-weather surface over the sewer line exiting South Gull Cove Place to Highway 69. 7 ,-.~,~,,.~ E%HIBIT ••B•• - 2 AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT G AMBROSE (1915-1968) TELEPHONE (208) 888-4461 JOHN O. FI'IZGERALD, PA. 1530 WEST STATE - P.O. BOX 427 FACSIb11LE (208) 888.3%9 WAYNE G. CROOKSTON, JR., PA WILLIAM J. SCIIRARTZ JOHN O. F17ZGERALD lt., P.A. MERIDIAN, IDAHO 83680 PETER W. WARE, JR. THIS FIRM INCLUDES ~~~~~ PROFESSIONAL CORPORATIONS APR 1 8 ~9~5 MEMO CITY OF Y`~~~~YI'II~~ DATE: April 14, 1995 TO: Will Berg, Jr. //,,,, FROM: Wayne G. Crookston, Jr. ~(J~ C ~1. RE: Elk Run Subdivision & Nampa and Meridian Irrigation District -Participation in Piping the Kennedy Lateral I think that the City should require a Letter of Credit or cash deposit on the piping of the Kennedy Lateral, before we allow any additional building permits or the approval of the final plat that is on the agenda for Tuesday, April 18, 1995. r.... ~ -_ .... _....- __ y `.-+I.ri ~~ea.~ :-.i ~.~ a ~n.r i lP i, ,::3 '12cuicfia & ~le~crdraoc ~Ifin~gat~sc Z~ia~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 15 February 1995 Phones: Areo Code 208 OFFICE: Nampa 466-7861 Gary A. Lee Boise 343-1884 J-U-B Engineering, InC:. SHOP: Nampa 466-0663 250 S. Beechwood Avenue, Sulte 201 Boise 345-2431 Boise, ID 83709-0944 RE: Elk Run Subdivision - Kennedy Lateral Piping Plans Dear Gary: The Nampa & Meridian Irrigation District has completed a review on the submitted plans for the above-mentioned project. The plans appear to be in substantial conformance with the Nampa & Meridian Irrigation District's requirements if installed according to the plans submitted. All work must be completed with piping prior to 15 March 1995. Please feel free to contact me if you feel that further discussion is required in this matter. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Rider #5 John Sharp qan Steenson City of Meridian ~•, .~~.. _ :-. k. ~ _ ~_~_ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PRO1ECf RIGHTS -40,000 RECEIVED SEP 2 9 1994 ~--r .~----~ ~aaN cin E~uc %~~~~ fit, ~ . ~~ . ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 `Z8 ~ September 1994 Phones: Area code 208 `:~,~ OFFICE: Nampo 466-7861 Boise 343-1884 ' '* SHOP: Nampa 466-0663 Gdry Smith '~^ Boise 345-2431 City of Meridian '33 East Idaho Avenue `~i¢~'idian, Idaho53642 Re: Elk Run Subdivision No. l and No. 2 Dear Gary: Doren Coon, the District's Secretary/Treasurer, and I met with Bill Hardt a>nd Gary Lee, Mr. Hardt's engineer. At that meeting, we discussed the .possibility of piping the Kennedy Lateral through Phase rand Phase 2 of Elk Run Subdivision. Nampa & Meridian Irrigation District's engineer has sized the pipe for both phases at 48 inch. The developer stated that to do the entire project -would be quite costly, but that he was perfectly willing to pipe through Phase 1 past the fence so that the District would have ,adequate access to the Kennedy Lateral. I feel that either the proposal to pipe through Phase 1 and Phase 2 with 48 inch pipe or that Mr. Hardt's offer to pipe through Phase 1 so that the District can maintain its access through the area would be acceptable to the Irrigation District. The appropriate License Agreement would need to be completed. Please feel free to contact me if you feel further discussion is required regarding this matter. Sincerely, 1• ~ r~ '-~ John P. Anderson _ ~' ~ _ District Water Superintendent -l~~ -~-h--- ~ ~ ,- ~~ p~ : Each Director {'~ ~"" - ; ~- ray ~: w :,~:: .~, ., Secretary of the .Board _ - ~ --_. `'~'' ..:,.,~, ' Steven Mahaf_f ~ ~•,° --, ~ .~ ,r..,_ ~~- - .__. .._ _. y Bull Hardt, The :Development -Group _ ~ '~ .Bill Henson `" - -~' Rider 5 _ File - - __~ __ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 . ~ AMENDED ORDINANCE NO. 635 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: PARCEL ONE A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North 00°37'36" East 2,649.87 feet; thence, along the East-West midsection line of said Section 24 North 89°34'30" West 137.10 feet; thence leaving said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances; 1. North 30°37'30" West 139.10 feet; 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 1 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" West 82.05 feet); 4. thence North 05°46'22" East 39.11 feet, (formerly known as North 04'28" East 86.00 feet, more or less), to the Southwest corner of Elk Run Subdivision as it is shown on the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; thence leaving said centerline of Kennedy Lateral and along the Southerly boundary of Elk Run Subdivision South 89°52'45" East 978.73 feet, (formerly known as North 89' 06" East) , to a point on the Easterly boundary line of said Section 24; thence along said Easterly boundary South 00°37'36" West 1,153.92 feet to the TRUE POINT OF BEGINNING. AND PARCEL TWO A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, from which the Northeast corner of said Section 24 bears North 00°37'36" East 2,649.87 feet; thence along the East-West midsection line of said Section 24 North 00°37'36" East 1,153.92 feet to a point, said point being the TRUE POINT OF BEGINNING; thence leaving said Easterly boundary North 88°52'45" West 154.12 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260 monumenting the Southeast corner of Lot 5, Block 1, as it is shown on that certain plat of Elk Run Subdivision, recorded July 19, 1993, in Book 63 at Page 6303, Ada County Records; thence along the Easterly boundary of said Lot 5, Block 1, of Elk Run Subdivision North O1°01'15" East 200.00 feet, to a found 5/8" iron pin and cap marked P.E./L.S. 3260; AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 2 i thence along the South boundary of Lot 4, Block 1, of said subdivision South 88°55'45" East 152.74 feet to a point on the Easterly boundary of said Section 24; thence along said boundary South 00°37'36" West 197.45 feet to the TRUE POINT OF BEGINNING; are hereby annexed to the City of Meridian; that PARCEL ONE is be R-4 Residential; that PARCEL TWO is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C. G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways . e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. That if these conditions of approval are not met the property shall be subject to de-annexation. g. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 3 Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY C1.,~;1tx Page 4 AMENDED ANNEXATION ORDINANCE - ELK RUN 2 J ~ STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Amended Ordinance No. 635 , by the City Council and Mayor of the City of Meridian, on the day of _ 1994, as the same appears in my office. DATED this day of 1994. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this th day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 5 i .ml..a ~A.o ~ ti~ ~~~ R CI°fY (~~ ~~r~~~.~R~d 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 15 February 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary A. Lee Boise 343-1884 J-U-B Engineering, IriC. SHOP: Nampa 466-0663 250 S. Beechwood Avenue, Suite 201 Boise 345-2431 Boise, ID 83709-0944 RE: Elk Run Subdivision -Kennedy Lateral Piping Plans Dear Gary: The Nampa & Meridian Irrigation District has completed a review on the submitted plans for the above-mentioned project. The plans appear to be in substantial conformance with the Nampa & Meridian Irrigation District's requirements if installed according to the plans submitted. All work must be completed with piping prior to 15 March 1995. Please feel free to contact me if you feel that further discussion is required in this matter. Sincerely, John P. .Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Rider #5 John Sharp E tt \; `-+. ~. ~ r Yti ~ . .ti~* l ,. > tt i, ~ ~ ~ _, "~. ~ - L.° ., ',~, ` ,. r~,~`. a,~, ' _ ~.r.~~ /~ =---''-' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHiS • 40,000 Ilan Steenson ,/City of Meri 'd` 208 888 6502 LeBeau Roberts a LeBEAU ROSERTS • ~ Com pan y Certified Public Accountants 12i15i94 10:25 i Daniel K. LeF3eau, CPA Douglas S. Rol~crts, CPA Compar Fax #: From: -nn~ "~ ~~ Company: lel3eau Roberts & Company, CPA's Fax #: (20,8,)'888-6502 Date: ~ ''f /5~9 Number of pages including Cover: Special Instructions: ~. ~ ~. 77 ~. ld~h(>. SUIIC 2CX) ^ McrKJk-n, II) f~3(i42 ^ 12UR- RRR{iil)I ^ f=r\~ ('LI)R) RRR{iiO2 ' AI<•nNNVS nJ rlnu•rrrvnr hLalpuk• rrJ' Cerrifhvl f'ubfk' nr'r'ranrlurns oral lrlrrltrr titx~ir-nl uJ f:erliJic•A!'uNfk' nrrrKOUrnus DEC 15 'Q4 1025 208 888 6502 PAGE.01 C 208 888 6502 LeBeau Roberts IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE OEC 14 19y4 STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA JACK V. BOONE, an individual, JIMMIE M. BOONE, an individual, and THE DEVELOPMENT COMPANY, a Partnership, Plaintiffs, Vs. LISA CHECCHI, d/b/a HARDT CONSTRUCTION AND DEVELOPMENT, a sole proprietorship, and d/b/a CONSTRUCTION MANAGEMENT SERVICES, Defendant. 12i15i94 10:25 • P02 ••.... , . , fLl~. ~ ..r~~.M_ -_ ~A r.10 --~- CAGE NO. 98399 ORDER The above-entitled matter having come before the Court upon the Stipulation of the parties and good cause appearing therefore and the court being fully advised in thQ premises, NOW, THEREFORE, iT ZB HEREBY ORDERED, AND THiB DOES ORDER, as follows: 1. Daniel R. LeBeau, C.P.A., of the firm LeBeau, Roberts fe Co., C.P.A.s, 77 E. Idaho, Suite 200, Meridian, Idaho (888-6501, ORDER - Page 1 DEC 15 '94 10 26 208 888 6502 PAGE.02 ~ 208 888 6502 LeBeau Roberts 12i15i94 10:26 ~. P03 • is hereby appointed, pursuant to Section a-601, Idaho Code, as the Receiver of the property and affairs of The Development Company Partnership effective upon entry of this Order. No undertaking shall be required of the Receiver. 2. Upon entering upon his duties and being sworn tv perform them faithfully, the Receiver shall have, under the control of the Court, poser to bring and defend actions in his own name as Receiver; to take and keep possession of the property of The Development Company, to receive rents, collect monies due and to compound for and compromise the same, to make transfers, to pay debts and vbligatioas, and generally to do such acts respecting the Partnership and its property as the Court may authorise including the following: a. The Receiver shall have the right to select and hire a person of suitable qualifications~to act as supervisor of Construction with respect to all remaining construction activities of the Partnership and to hire and fire employees of the Partnership subject to the direction and control of the Receiver (provided, however, that Norm Lacombe shall sot be employed by the Partnership); b. The Receiver shall have the right to receipt for and take delivery of all mail addressed to the Partnership sad to have custody and control of the Partnership's post office box; c. The Receiver shall have the right to enter into appropriate financial arrangements in the name of the Partnership with West Ons Bank, Meridian Branch; d. The Receiver shall prepare an accounting of the books sad records of the Partnership which shall be submitted ORDER - Page 2 DEC 15 '94 10 27 208 888 6502 PAGE.03 ^G 208 888 6502 LeBeau Roberts 12i15i94 10:27 to the Court, with copies to the parties, on or before the 15th day of each and every month reflecting activity through the last day of the previous month; e. The Receiver shall have the power to negotiate and otherwise deal with all public entities with respect to Partnership activities in the name of the Partnership; f. The Receiver shall have the power to sign all deeds, conveyances, transfers, and other documents necessary to accommodate a sale of Partnership assets in the ordinary course of business in the name of the Partnership; q. The Receiver shall bave the power to negotiate and otherwise deal with alI sub-contractors, customers, clients, vendors, attorneys, including attorneys for the parties, or any other person with respect to the business of the Partnership or its property; h. The Receiver shall have the power to receive and receipt for funds of the Partnership and to disburse any funds of the Partnership for payment of any expense incurred in the normal course of business in operating the affairs of the Partnership. All funds are to be deposited to the account of The Development Company at Rest One Hank, Meridian Branch. Ail monthly account statements shall be reconciled by the Receiver in a timely fashioa. The Receiver shall provide copies of such reconciled account statements, together with copies of the cancelled checks, to the parties within ten (10) days of the date the Receiver receives the account statement from Rest Oae Baak; ORDER - Page 3 DEC 15 '94 10 28 208 888 6502 PAGE.04 'b` 208 888 6502 LeBeau Roberts 12/15/94 10:28 '. P05 • i. The Receiver shall have the power to take possession of all books, sccounta, and records of The Development Company and to retain those in his possession during the course of this Receivership. j. The Receiver shall prepare end deliver to the parties and the court, on or before the 15th day of every month, a written report summarizing the activities of the Partnership during the previous month. k. During the months of June and December 1995, and each June and December thereafter, the Receiver shall review the financial condition of the Partnership and report to the court and the parties on the advisability of distributing to the partners the profit accumulated as of the last day of the previous May and November; no profit shall be distributed to the partners without either the unanimous consent of the partners and the Receiver or order of the court directing such distribution.. 3. The Receiver shall be entitled to be paid by the Partnership for his services on a monthly basis for services rendered as follows: $85.00 per hour for the Receiver, $35.00 per hour for the Receiver's support staff, and actual costs incurred. Copies of the Receiver's statements for services rendered shall be submitted to the Court and to the parties on or before the 10th day of each and every month. ~. Jack v. Boone, Jimmie M. Boone, Lfsa Checchi, and Bill 8ardt shall refrain from taking any part in the management of the business or construction of any project of The Development Company ORDER - Page 4 DEC 15 '94 10 28 208 888 6502 PAGE.05 'd` 208 888 6502 LeBeau Roberts 12i15i94 10:29 ~. P06 • ~ • and shall refrain from holding themselves out as representatives of The Development Company. 5. Neither party shall be construed by execution of this Stipulation to have Waived any right they may have under Zdaho law or the Partnership Agreement with respect to any conduct pertaining to the Partnership. Either party may exercise the right to petition the Court in the future for further relief upon notice and hearing. 6. The hearing presently set for January 11, 1995 is hereby vacated and the Temporary Restraining Order entered by the Court on December 12, 1994 is hereby dissolved. 7. The Writ of Attachment is hereby dissolved and all attached monies shall be returned to Lisa Checchi. IT IS 80 ORDERED This day of December, 1994. DEBORAH A. BAIT Deborah A. Bail District Judge ORDER - Page 5 DEC 15 '94 10 29 208 888 6502 PAGE.06 • • t s 4 Meridian City Council September 20, 1994 Page 19 Kingsford: Does Council have questions of staff on that? Morrow: My questions would be to Gary Smith, with respect to the letter dated September 15th, have alf of those conditions or issues been agreed to by the applicant? Smith: Just a moment let me check. I think the only thing, Councilman Morrow, that we need to get some feed back on is that sewer line easement that we were talking about getting sewer over to that lot on the east side of the subdivision, the undeveloped lot that fronts onto NW 8th. There is a sewer I'rne that exits the church property which is near the NE corner of the subdivision that flows to the east between some lots and into a trunk line that is on the west side of Applegate Subdivision. Now whether or not that sewer line has enough to serve this property, this undeveloped property to the south of the church I don't know. But if that doesn't have the necessary depth then the only access that this undeveloped piece of property to the east side of Canna Lily subdivision would have would be back into Canna Lily subdivision so that needs to be solved. Morrow: How about item #4 with respect to the minimum frontage on the culdesac lots? Smith: That needs to be changed so that it is (inaudible). But it is not as, I looked at the plat that we reviewed for the applicant, it doesn't appear that would be any kind of a problem. It just means moving of a lot line, that would take care of it. Kingsford: Any other further questions for Gary? Any questions for anyone else, Shari or the developer? Morrow: There is no development agreement involved with this? Kingsford: No Morrow: Mr. Mayor, I would move we approve the final plat for Canna Lily Estates Subdivision. subject to staff conditions. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat of Canna Lily Estates Subdivision subject to approval of staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR ELK RUN SUBDIVISION NO. 1 AND 2 BY THE DEVELOPMENT GROUP: • Meridian City Council September 20, 1994 Page 20 Kingsford: At this time I will open that public hearing and invite the developer and his parties to speak first. Bill Hart, 1903 Gull Cove Place, was sworn by the City Attorney. Hart: We are in front of the council on a variance to try to in lieu of the current ordinance of tiling our ditch behind Elk Run No. 1 and No. 2 because of the sizing of the pipe which is at the 60 inch mark to come in with our current fencing that we have and simply let it continue right on into to phase 2 for a couple of reasons. The aesthetics of the homes themselves and the way we have constructed them we fence all of our homes. We have started doing this and we would really like to keep doing it. The 60 inch pipe is going to have to go in this ditch is considerable in size and quite costly. Once we put this pipe in, this area between the fences becomes basically a no man's land. It is an area that not very many people are going to want to maintain, Nampa Meridian Irrigation I don't' know what their policy is on ditch riders and going over the top of a pipe that is covered in the ground. I don't know what type of travel it will have, right now it gets travelled every day. It gets maintained everyday, it gets cleaned up every day. It gets checked for any problems with maybe children playing in the area, breaking things down. I think our biggest concern is once we start doing this and once it starts happening in phase one and 2 and so on and so forth these structures are going•to become some what of a safety problem, a maintenance problem. It is my understanding the inlets on these the grates are of a big question, how big are the grates before trash can pass through and how small shall it be so a child can't crawl through and get stuck in the pipe and drown. At least with the canal a child can stand up and say help, waist deep in the water, and I need help, I am stuck in the pipe that is basically it especially on a pipe of that size. My fencing would proceed all the way down to Meridian Road, which by all rights would basically contain the westerly side of it. We would entertain the idea of fencing the most westerly end of Calderwood extension so it would completely seal it off. Although we can't do anything about the most westerly side of the ditch because obviously we don't own it. Kingsford: Mr. Hart, if I could interrupt you, we just received today and certainly we have been laboring under that illusion too. Mr. Smith's memorandum to us might be worthy of you taking a look at Nampa Meridian saying that could be 48 inches. Hart: I have been instructed and paid considerable money to JUB engineers to say that it is going to be a minimum of 52 inches and for quite a length it is going to be 60. And 1 do believe Gary Smith does have the calculations to support that. Kingsford: Well, it is a public, so go ahead with your comments. I just thought you would like to have that because we just received it today. • Meridian City Council September 20, 1994 Page 21 Hart: That is based on information from Nampa Meridian Irrigation. Kingsford: Right, and the gentleman quoted here is their director John Anderson. Hart: I know John's capacity at the Irrigation and I also know Gary Lee's capacity at JUB as a licensed engineer. And I tend to agree with the licensed engineer as far as hydraulics and stuff. I spent considerable time on the sizing of this thing. I'm concerned that once we start doing this it is going to be the snowball effect, it is going to keep right on going. I think we need to draw the line of where the sizing is going to be. I think that has been done on a few projects here recently. I am at a disadvantage by not knowing the exact ones but I do believe they were in the 52 inch range. We start at 52 and go to 6 so it is a matter of interpretation and who's book of rules we are going to use as far as what in fact that has to have. I am concemed as much as the homeowners are about the children and as about the area. There is a junkyard to the immediate south that is an eye sore, it is within 10 feet of the waters edge. Its gof beat up cars and power poles and all kinds of things. All I am trying to do is keep a nice fenced area that is aesthetically pleasing and keep it safe. And also keep it reasonable. That is all I have, I do have Mr. Folley who is our legal counsel that would like to say a few things on this issue that I can't convey because that is not what I do. So if he could step up I would appreciate it. Howard Folley, 2875 Autumn Way, was sworn by the City Attorney. Folley: For the record I represent the Development Company. We have some photographs we thought might be helpful in terms of Council making a decision. If I could submit those for the record. The photographs are numbered on the back, for the record, photograph #1 shows the ditch back looking south, #2 is the ditch bank on the north turn, #3 is the tum to the southeast, #4 (inaudible), #5 shows a vehicle in the ditch bank looking south to north, #6 the vehicle is kind of in the middle of (inaudible) to the immediate right and #7 (inaudible). My understanding of the proceeding here this evening is that it is a request for a variance and that the request itself is consistent with the acts of the Council in the past when the tiling of the ditch, the size of the ditch pipe exceeds 48 inches. It is also my understanding that at the time of the initial platting of this property 2 things occurred,.#1 it was the expectation of the developer as well as his engineer that the size of that pipe would be 36 inches therefore they assumed they would the it. And #2 they called and asked Nampa Meridian Irrigation District or their representative how much of an easement they had. They were told that they had 35 foot easement along that ditch bank. As this matter developed we were all asked to meet with Nampa Meridian Irrigation District and a member of the Council to try and resolve the differences. We attempted to do so, at one time Nampa Meridian committed in letter form their willingness to look at a 15 foot easement. I represent to the Council that in these pictures there is a 15 foot easement. At times it shrinks itself down to 14 foot 6 inches as measured from the high 5~ Meridian City Council September 20, 1994 Page 22 water mark of the canal to the fence itself. I would also represent to the Council that I have spoken to the Attorney for Nampa Meridian Irrigation District who advises inconsistent with what was stated at the meeting with Council members is there is no recorded easement, Nampa Meridian Irrigation District does not have a recorded easement up and down this ditch bank. They rely on a prescriptive easement, an easement of necessity t go up and down the ditch bank to repair their ditch bank and to make repairs as necessary. They have by practice over any number of years used a formula whereby they ask for an easement equal to 35 feet as you look downstream. And 20 feet as you look upstream as I understand. In this particular situation I guess the point we are really at this juncture is a fence has been constructed and the property has been sold. It involves 5 homeowners: The request here this evening is to ask you to allow us to vary from the requirements as has been your practice I understand it, when we need to the a ditch in excess of 48 inches. As Mr. Hart stated sizing of that pipe exceeded the expectations of the engineer, at the time the plat was made. I don't think this was one let's run this past the City Council. 1 think they really expected the pipe would be 36 inches and that they would the it. That was not the case and they constructed a fence, they felt that they were constructing a fence and giving sufficient leeway for Nampa Meridian to go up and down the ditch way to repair it. I think the concem here is that I don't think the Council ought to get involved in with all do respect with a disagreement now that may exist between Nampa Meridian Irrigation District and the developer as to where their easement lies. I think the issue before the Council is, is this a proper case because of the sizing of the pipe, to grant the easement. If it is I think we can work out our differences with Nampa Meridian on those 51ots, it strikes me that it is very simple to do that by simply if they need the extra 4 or 5 feet or whatever the case is to do that on the off side of the canal. 1 guess mainly I would again reiterate that there just simply is no recorded easement, there is nothing that a developer could look at and say here is an easement and when we do our plats this is recorded this is it this is exactly how big or long or short or small it should be there just isn't anything there. It is in the final analysis an easement of necessity, it is necessary for Nampa Meridian to get up and down that bank to make the repairs that are necessary. They are running concrete trucks up and down the ditch banks, I would suggest to you or submit to you that if they can do that surely they can get their equipment up and down the ditch bank to take care of those problems. The other concern the developer has at this point that representatives of Nampa Meridian Irrigation District have now called homeowners, told them as if they have an absolute right to it that they have an easement there they are going to tear down their fences that you folks need to step in and intercept those plans. They don't have a right to tear down the fences, it is an easement, and if they need it and are able to establish that by necessity then that is a different issue and a different time. At least that seems to be our perspective. Kingsford: Well, Counselor, in difference to your comments I would just say that we do have a development agreement, that development agreement calls for tiling it. And our Meridian City Council September 20, 1994 Page 23 ordinance calls for it to be tiled. That issue is a variance indeed we have taken a policy that those pipes that are larger than 48 inches we have granted variances on. Now we have a dilemma in terms of how big is the damn pipe.. I think that Nampa Meridian knows how much water goes through it, I would suggest that probably Mr. Lee can calibrate how much goes through it and obviously they are iri difference. But that aside I think that is something to be resolved but we need to proceed with the public hearing. I thank you for your comments. Folley: If I might just respond, it is also my understanding that again because of the rapid development and those sort of things there isn't a development agreement yet in place on this that we have typed one and submitted one that puts in it an issue of a variance. I think the only thing before the Council is that plat, I don't think there is a development agreement not on phase 1 at this point. Bob Stow, 1875 South Riptide, was sworn by the City Attorney. Stow: I live along this lateral and am here as kind of a spokesman for the group of homeowners that do live there as my neighbors. And, I wanted to voice some of our concerns and our main concern is the movement of the fences, or backyard. If these fences are going to be moved we are very opposed to a variance. However, if the fences can remain as they are I don't see, I don't' know of anyone that would be opposed to this variance. Some of our concerns are if the fences are to be moved who is going to pay for tearing down our fences and who is going to pay for the landscaping that we paid for. Who is going to be responsible for that area behind our fences as far as maintenance and repairs go. It is my understanding, I don't know if it is true or not but it is my understanding that once it becomes tiled over the Nampa Irrigation District basically washes their hands of it and it is up to the owners of the property to provide the maintenance on it. As it is now we own the property to the center of the ditch and there is a roadway that runs behind like Mr. Folley said there is no recorded easement, it is just something that has been there kind of a prescriptive easement. And we don't feel that as a group that is an unreasonable easement as it is now. I have seen the pictures that Mr. Folley showed you and I think they are clearly indicative almost any average size vehicle and even the larger like he said cement trucks go up and down that thing constantly. So I don't see any reason to move our fences. If they are not going to be moved there is not reason why a variance can't be granted. I don't know why the Nampa Imgation District needs to have 35 feet which would put it close to 18 feet on our side of the ditch, that is something that I would like for you to consider because like the pictures show there are about 15 feet there, there is a lot of space and at this point we like things the way they are and we don't want anything changed.. That is the homeowners view. Yerrington: Can I ask you a question, when you bought your property, were you told that • . Meridian City Council September 20, 1994 Page 24 ditch was going to be tiled? Stow: No I was not. Yerrington: I have heard that some of the people have been told that. Stow: I personally was not, I was told that I own to the middle of the ditch and I was told about the prescriptive easement that went through it. I was shown where my fence line would go and everything was satisfactory to me. Yerrington: What was the date that you bought your property? Stow: I think the contract date was May 24th. Yerrington: Of this year? Stow: Of this year. Brian Twait, 1893 South Riptide, was sworn by the City Attorney. Twait: I am a homeowner in the vicinity there, I have property that goes up to the canal line, (inaudible). I can agree somewhat with what the last representative of the neighborhood has said but I have some discrepancies with that. I was told upon signing on my house that the canal was going to be tiled over. This is one of the deciding factors in buying the lot, actually at the time of signing on the house I wasn't informed of having any easement right at all of any irrigation district. It was my understanding that my property was indeed enclosed inside of my fence that was put up. It was our understanding in buying the lot that it would be tiled over and that there would be some type of green belt put in there was the idea that was presented to me. They didn't' get a definite time on their but they did definitely give a time on that but they did definitely give a time on when it would be tiled over and that would be before the second phase went in. My wife and myself are looking forward to having children someday soon there and we are concerned about the safety and that is another real concern of ours is the safety of the neighborhood there. The irrigation canal lateral actually is pretty sizable, it is pretty wide and at times it is pretty deep, 4 feet maybe 5 or 4 1/2. And it poses what I consider a threa# to young children. My lot, like I say my back fence is 15 feet off of there. One of the ideals put forth on that being tiled over is the safety factor would be taken care of. It was a huge concern on my part and my wife's part in buying our lot there. Also, to Mr. Hart's concerns about the maintenance back there, I am not sure about the other homeowners but I can speak for myself in saying that I would be more than happy to take back my 15 or 20 feet or 10 feet or whatever it is and maintain it. When you purchase the land you . • Meridian City Council September 20, 1994 Page 25 own that land, I would be more than happy to maintain it in a nice fashion. I can't really see many homeowners that wouldn't want to have another 2000 square feet of their yard back or lawn back for whatever reasons. As far as being an eye sore I don't see that being a real problem particularly that no one can basically see it unless you are walking down the easement or down by the canal. Other than that, (inaudible) of the possibility of having my fence line move back into my further than it is existing. As we have spent a lot of money, a lot of time working and landscaping and such. And fully expected that to stay with the property. Those are some of the concerns that I have and take them into consideration please. Kingsford: Any questions? Norm LaComb, 230 W. Davenport Drive, was sworn by the City Attorney. LaComb: I am a homeowner also on the back lateral and I am also one of the real estate agents that at times worked out there. We had 2 at one point. So some of the information did not come from me, but at the original just like Mr. Folley stated, it was perceived as a 36 inch pipe and it was to be tiled. That was agreed upon, I am not sure how it got to the higher ratios and the variances and all of that. We did start the first homeowners with the 38 inch pipe that was to be tiled. As far as how we'use it, I am seeing several of the homeowners through out the subdivision they take their dogs they go for jogs. Igo out and walk my own dog on it. My main concern and really the only concem to me is that the fence stays in the area that it is in now. Whether they the it and I can move my fence, but I don't want it to encroach it more on my backyard than it already is. Did you have any questions? Kingsford: Thank you. Anyone else from the public? Shari I would like to ask you a couple of questions with regard to your memorandum. Shari Stiles, 33 East Idaho, was sworn by the City Attomey. Kingsford: Shari, with regard to your memorandum dated September 18th, you have in paragraph 3 a comment that there is a development agreement on #1. What does that development agreement say? Stiles: It says they will the all ditches. Kingsford: You say in paragraph 1 the developer originally requested a variance for Elk Run Subdivision No. 1, the first public hearing was held April 6, 1993. Findings of fact and conclusions of law approved on April 20th, the variance was denied. The developer asked for reconsideration of the variance June 15th, 1993 which was also denied. Is that your . ~ • Meridian City Council September 20, 1994 Page 26 research from the file? Stiles: Yes Kingsford: Is there any indication as to why the developer then didn't proceed with that, why he went ahead and fenced? Stiles: Disregard for what he had agreed to. Kingsford: Any questions for Ms. Stiles? Thank you Shari. Anyone else from the public? Morrow: Mr. Mayor, I would like to have Gary Smith comment for the record with respect to the memorandum he gave us as of 4:00 this afternoon and the potential sizing dilemma. He has been involved with this project. Gary Smith, 33 East Idaho, was sworn by the City Attorney. Smith: Mr. Mayor, Council members, Councilman Morrow, this afternoon at about 4:00 P.M. I received a telephone call from John Anderson who is the Water superintendent for Nampa Meridian Irrigation District. The memorandum that I placed at your positions tonight tells you what he related to me. The Superintendent or the Nampa Meridian Irrigation district retains Sharp and Smith consulting engineering out of Boise: Idaho as their consulting engineer. And he indicated to me that firm had done some field survey and had analyzed the hydraulic data necessary to determine the size of pipe required to carry the amount of water that they felt was being conveyed in the open ditch. Part of the discrepancy I think between what Gary Lee has arrived the size of pipe that Gary Lee arrived at versus the size of pipe determined by the Irrigation district is the number of minor inches which is in a quantity of flow of water that was used by each one of the engineers. The engineer for Nampa Meridian Irrigation District used 2700 minor inches as the flow in the ditch, according to John Anderson this flow allows one minor inch per acre of land to be served plus a 15% loss due to evaporation in the ditches. The amount of water that was used by Gary Lee was 3300 minor inches so there is a 600 minor inch variance there between the 2. Mr. Hart indicated that I did have calculations and I do from Gary Lee, that shows the amount of head loss and the size of pipe required to carry the 3300 inches of water. The other thing that John Anderson told me was that the ditch, in order to utilize 48 inch round pipe the ditch would have to completely piped from the north boundary of Elk Run Subdivision No. 1 to the chuck obstructer which is near the south boundary of Elk Run Subdivision No. 2. And this would be taking full advantage of the dead differential from the upstream side of the chuck obstructer to the water elevation on the north boundary of Elk Run Subdivision No. 1. If only a portion of the ditch is piped, a 48 inch pipe would not be large enough simply because the head differential wouldn't be i Meridian City Council September 20, 1994 Page 27 CJ large enough. So in order to push that much water through a 48 inch pipe they would have to take advantage of that total head difference. He alto indicated that the district would take care of the chuck obstructer to Meridian Road or Kuna Meridian Highway. So basically that is a little more background on the memorandum that I handed to you this evening. Kingsford: Any other questions for Mr. Smith? Smith: I might also mention that the plats that were received, both final plats for No. 1 and No. 2 do show a 35 foot easement on the plats along the west boundary of both subdivisions. Which is what the irrigation district had requested. I don't know anything about easements of record but that easement was shown on the plat. Kingsford: That makes it an easement of record doesn't it? Smith: The No. 1 subdivision is recorded and so it would be an easement of record there. Kingsford: So the people in question, the irrigation district could come in and take those fences down? Is that right? Smith: I don't think I am qualified to answer that question Mr. Mayor. Kingsford: Anyone else? Go ahead Mr. Hart. Hart: I am concerned that everybody realizes that if this goes to a tiling scenario of past problems with grates, inlet structures and things that are problems especially to children. If the grate is too large a child can pass through, if the grate is too small the garbage plugs it up and it overflows and wipes out all the peoples houses. I think it is fair that the people realize this and that some of these things are addressed. There has been numerous problems with these and a pipe of this size whether it becomes 48 or 60 there is a tremendous amount of water and ciphening at either end creates a large suction. It would take nothing more than a child putting his arm down there and it will suck him right into the inlet. That becomes a big problem, and also if it does get that way it wont' allow us to fence our subdivisions anymore. We will have a no man's land back there that we cant' afford to fence. It is just going to be an open area, one of our main billings to Elk Run No. 1 and Elk Run No. 2 is that we fence all of our subdivisions and we landscape all of our subdivisions. Are the homeowners willing and everybody else willing to leave their back yards open to these inlet structures? I think not, I think they would rather have their backyard fenced and enclosed for their children to play in rather than to just walk out their back door and jump into an inlet structure or have somebody drive off the bank into their back yard. We spent a lot of time and a lot of money in our communities from bus stops • . Meridian City Council September 20, 1994 Page 28 that we put together to stay off the highway to front yards and fences. We would no longer be able to afford to fence our subdivisions if we had to go ahead and put in 2205 feet of this at a cost of about $280,000. So I just wanted to convey that. Kingsford: Anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: Mr. Mayor, I have several comments with respect to this particular project. I was the City Councilman that sat in on the meeting between the irrigation folk, Gary Smith and listened to these discussions. And then at Gary Smith's request I personally on August 29th went and looked at this project and quite candidly where I was viewing it from was at this end looking what amounts to north. I think one of the things that this picture probably serves best to demonstrate is we in society create irrigation districts to deliver water. And the responsibility of those irrigation districts is to make sure the water is delivered in a safe and efficient manor. I think there are 2 outstanding issues here, in the practice of my own business I don't make it a practice to ask my people to do anything that I wouldn't personally do myself. When I was here and observing this ditch full of water it struck me as only a fool would tell his people to drive any kind of a heavy duty vehicle down this ditch and that probably nobody that was not totally qualified would reach a great degree of success with large pieces of equipment. The capability of dropping the front wheel and rolling a vehicle in there is great. The second issue is that part of those ditch riders responsibilities this is an elevated ditch as the pitcher clearly shows. Part of their responsibilities is to make sure those ditches aren't going to blow out. If this fence is here, (inaudible) can any ditch rider or anybody else see if there are gopher holes in the landscaping, see if the ditch bank has begun to be compromised. At some point in time Mr. Hart made the comment in our meeting before that nothing has happened in two years. But the issue is that this is a permanent fixture, nothing may happen for 10 or 15 years, but if we don't put it together right, how many of you folks that live below here are going to run to your favorite legal beagle when this thing breaks and turn around and try to sue the heck out of everybody. (End of Tape) in my perspective from a common sense standpoint none of this makes any sense. If in fact the ditches are going to stay and we are going to deprive those that we charge with the responsibility of maintaining these ditch banks so that they don't rupture then it is not fair of us to ask them to assume responsibility for something They can't see and something they can't correctly take care of without going to extraordinary steps. If they stay then the ditch in my opinion should be tiled. If the ditch is not going to be tiled then as per the information I have been given which was before my time on the Council then these fences ought to be moved clearly back to the tow of the slope so that as those folks are doing their jobs in inspecting the ditch, making sure it is unplugged and the bank is safe that they have an opportunity to be able to easily see that and to do their work. I think that for my perspective for the record here is that I am not willing to allow a variance from tiling of the ditch and leaving the fences in place. I think • • Meridian City Council September 20, 1994 Page 29 that my position based on observation of the ditch with water in it, having walked a portion of it and looked at it is that it is clearly not a long term safe issue and it is not in the homeowners best interest nor the ditch companies best interest or the tax payers best interest to leave the situation as it is. The only people that will profit by this long term are the legal folk as I see it. That is my position with respect to this issue. Kingsford: Well, I think the issue that needs to be done, the public hearing is closed, the issue needs to be done is you need to have findings of fact and conclusions on the variance. Entertain a motion to that effect. Morrow: Mr. Mayor I would move that we instruct the City Attorney to draw findings of fact and conclusions on the variance. Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attomey prepare findings of fact and conclusions of law on the variance request for Elk Run Subdivision No. 1 and 2, afl those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: I would like to ask a question, since this was turned down on June 15, 1993 did we have the findings of fact at that time? Kingsford: Yes ITEM #14: DON FISHER: ISSUES CONCERNING MERIDIAN SCHOOL DISTRICT AND CITY OF MERIDIAN: Fisher: Members of the City Council, I appear before you tonight to address an issue confronting cities and towns all over the country. Gang activities are turning communities and schools into prisons. Prisons housing innocent inmates. The time is now to turn the tide on the growing attraction that gains our childrens interest. I visited with several people in the past 2 weeks, a school principle, a resource officer, a police officer along with fellow community members. They all agree that something must be done. Our community has grown leaps and bounds over the years, with growth comes outside influence, some good, some bad. Teenagers and young adults I visited with all seem to have the same thoughts they tend to feel the adults don't know how widespread gangs are becoming. Are they right? We have several good programs working to deal with the issues to gain our childrens attention toward gangs, but can we not deny that the attraction is still there. I would like to see a stronger emphasis placed on removing the elements that ~r . • • Meridian City Council October 4, 1994 Page 4 Crookston: Not to my knowledge. Kingsford: Mr. Berg, are you aware of what happened to those? Were they not sent to the attorney. Berg: I don't know Stiles: It was my understanding that Wayne had received a copy of each of these. Because if I have them I don't distribute them if they are delivered just to me. I don't know what happens when they are received, if they are distributed to anybody. Kingsford: It sounds like we've got a .paperwork problem. When those come in Shari I think you need to get those copied to Mr. Berg so that he distributes them just as soon as they come in. I think our only option is to table until the next meeting but let's certainly have those reviewed by the next week. Yerrington: I move for the table of this item. Morrow. Second Kingsford: Moved by Max, second by Walt to table item #3, the development agreement for Tuthill Estates to the next Council meeting all those in favor? Opposed? MOTION .CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ELK RUN SUBDIVISION NO. 1 AND 2 VARIANCE REQUEST: Kingsford: Council reviewed those? Any questions? Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law on Elk Run Subdivisions No. 1 and 2 variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ~. Il ~ • • „~ Meridian City Council October 4, 1994 Page 5 Kingsford: Is there a motion on the decision? Morrow. I would move that it has been decided that the. application for a variance from 11- 9-605 M is denied. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the decision denying a variance request, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Is there a representative of Elk Run Subdivision here? Send those findings to them in the morning. ITEM #5: ORDINANCE #675 -HAVEN COVE SUBDIVISION NO. 5: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST. QUARTER OF SECTION 11, 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 #675 read in its entirety? This is tied to a development agreement too? Crookston: It is. Kingsford: What is your recommendation Counselor? Crookston: My recommendation is to table it. Kingsford: We are going to have a full agenda next time. Yerrington: I move to table Ordinance #675. Tolsma: Second Kingsford: Moved by Max, second by Ron to table Ordinance #675 until the next Council meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ECG --~ ~ ~ - 3 1994 CITY ®F D~ER~D1l~N SEP 2 9 1994 N~iIDIAN CITY ENGINEER ~ ~; ~ ~ -~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 :,. 28 September 1994 ~'?~~ Gary ,Smith City of Meridian '33 East Tdaho Avenue Me>idiar., Idaho 83642 Re: Elk Run Subdivision Dear Gary: No. 1 and No. 2 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Daren Coon, the District's Secretary/Treasurer, and I met with Bill Hardt and Gary `Lee, Mr. Hardt's engineer. At that meeting, we discussed the possibility of piping the Kennedy Lateral through Phase rand Phase 2 of Elk Run Subdivision. Nampa & Meridian Irrigation District's engineer has sized the pipe for both phases at 48 inch. ''- The developer stated that to do the entire project would be quite costly, but that he was perfectly willing to pipe through Phase 1 past the-fence so .that the District would have ,adequate access to the Kennedy Lateral. I feel that either the proposal to pipe through Phase 1 and Phase 2 with 48 inch pipe or that Mr. Hardt's offer to pipe through Phase 1 so that the District can maintain its access through the area would be acceptable to the Irrigation District. The appropriate License Agreement would need to be completed. Please feel free to contact me if you feel further discussion is required regarding this matter. Sincerely, 1` l John P . Anderson ~' r - ,~-~,~~.., District Water Superintendent ~-'-''---~=< ?,, `~ ti ~~ ~ _y pc : Each ,.Director ~ J _ ~ ~ k„--~~ K.~ Secretary of the :Board °~~ ~ ~ a~~f~'~-'~' y ~~°- Steven Mahaf_fy _ ~' ~ ~ a .- {~ ~ -.`~ _ ~ ~ ' _ Bill Hardt, ~ The pevelopment--Group .~,~ =~~- -Bill Henson '" ,_,.: '''~ Rider 5 ~ -~ File _ .- - -' -__- _ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 . RECEIVED t~_ ~ • Meridian City Council October 4, 1994 Page 4 Crookston: Not to my knowledge. Kingsford: Mr. Berg, are you aware of what happened to those? Were they not sent to the attorney. Berg: I don't know Stiles: It was my understanding that Wayne had received a copy of each of these. Because if I have them I don't distribute them if they are delivered just to me. I don't know what happens when they are received, if they are distributed to anybody. Kingsford: It sounds like we've got a papennrork problem. When those come in Shari I think you need to get those copied to Mr. Berg so that he distributes them just as soon as they come in. I think our only option is to table until the next meeting but let's certainly have those reviewed by the next week. Yerrington: I move for the table of this item. Morrow. Second Kingsford: Moved by Max, second by Walt to table item #3, the development agreement for Tuthill Estates to the next Council meeting all those in favor? Opposed? MOTION .CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ELK RUN SUBDIVISION NO. 1 AND 2 VARIANCE REQUEST: Kingsford: Council reviewed those? Any questions? Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law on Elk Run Subdivisions No. 1 and 2 variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea i ~ • Meridian City Council October 4, 1994 Page 5 Kingsford: Is there a motion on the decision? Morrow. I vuould move that it has been decided that the. application for a variance from 11- 9-605 M is denied. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the decision denying a variance request, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Is there a representative of Elk Run Subdivision here? Send those findings to them in the morning. ITEM #5: ORDINANCE #675 -HAVEN COVE SUBDIVISION NO. 5: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST. QUARTER OF SECTION 11, 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 #675 read in its entirety? This is tied to a development agreement too? Crookston: It is. Kingsford: What is your recommendation Counselor? Crookston: My recommendation is to table it. Kingsford: We are going to have a full agenda next time. Yerrington: I move to table Ordinance #675. Tolsma: Second Kingsford: Moved by Max, second by Ron to table Ordinance #675 until the next Council meeting, all those in favor? Opposed? MOTION CARRIED: All Yea • MERIDIAN CITY COUNCIL MEETING: October 4.1994 APPLICANT:ELK RUN SUBDMSION N0.1 AND 2 AGENDA ITEM NUMBER: 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ELK RUN SUBDMSION N0.1 AJND 2 VARIANCE 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: ADA COUNTY STREET NAME COMMITTEE: COMMENTS i Q ~~F~~ .,ar CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: S ~ • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF THE DEVELOPMENT GROUP FOR A VARIANCE FROM 11-9-605 M PIPING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on September 20, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Bill Hardt and its attorney, Howard Foley, and the City Council having heard and taken oral and ,written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for September 20, 19.94, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 20, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. DEVELOPMENT GROUP VARIANCE - FF & CL Page -1 ' ~ . • 3. That Ordinance 11-9-605 M PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent'in ability to detour access to said ditch, lateral or canal. 4. That the Applicant has requested a variance from the above ditch piping requirements and be allowed not to pipe the Kennedy Lateral but to fence the ditch. 5. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 6. That the property in the area where the variance is requested is zoned R-4 Residential and .is proposed to be used in that fashion; that the Applicant owns the property. 7. That Bill Hardt, representative of the Applicant, testified at the hearing that the piping of the ditch would require a sixty (60) inch tile; that some of the area had already been fenced; that the piping would be expensive; once the tiling of a ditch starts the inlet structures would be a safety problem; that the fencing would go to Meridian Road; that they would fence to seal off the east side of the canal; that the City needs to draw a line on the size of ditches that must be tiled; that the size of the would start at 52 inches and go to 60 inches; that he was concerned about children. DEVELOPMENT GROUP VARIANCE - FF & CL Page -2 ' ~ • • He also testified after everybody else had testified that if the ditch is tiled there will be a problem with grates; that there was a tremendous amount of water; that the tiling would inhibit the fencing; and that the cost of tiling would be, $280,000.00. 8. That Howard Foley, representative of the Applicant, testified that the City Council has granted variances when the piping is larger than 48 inches; that Nampa & Meridian Irrigation District said they had a 35 foot easement; that Nampa & Meridian Irrigation District had agreed on a 15 foot easement; that there is no recorded easement but N & M rely on a prescriptive easement; that a fence has been constructed and homes have been built; initially thought pipe was 36 inches; that the City Council ought not get involved in owner and N & M issues; that it was an easement of necessity; and that N & M has called the home owners and told them that they have the right to tear down the fences. Mr. Foley also submitted photographs of the ditch. 9. Bob Stowe testified that he lived along the lateral; that he was the spokesman for the home owners group; that he was apposed to moving the fences whether the variance is granted or not; that once the ditch was tiled N & M would cease maintenance of the ditch; that they own to the center of the ditch; that it was not an unreasonable easement as it exists now; that cement trucks use the easement; that 35 feet would be 18 feed on their side of the ditch; that he desired that it be left the same; and that he was not told the ditch would be tiled. 10 Bryan Twait testified that he was a home owner in the DEVELOPMENT GROUP VARIANCE - FF & CL Page -3 ' • • area; that he was told the ditch would be tiled; that his understanding was that his property was enclosed in the fence;. that the easement was a greenbelt; that safety was a problem; his fence is within 15 feet of the ditch; that he would take back 10 or 15 feet and maintain it; that it would not be an eyesore; that he does not want his fence moved further towards his house. 11. Norm LaComb testified that he was a home owner on the canal and a realtor there; that he perceived that the ditch was 38 inches and was to be tiled; that he wants the fence to stay the same so it does not encroach more. 12. Shari Stiles, Meridian Zoning Administrator, testified that there was Development Agreement on Elk Run No. 1 that says the ditches will be tiled; that the developer had disregarded what he had agreed to do; she also submitted written comment to the same effect, which is incorporated herein as•if set forth in full; and in the written comment she stated that N & M only allowed the fencing to encroach into their easement because the Developer assured them the Kennedy Lateral would be piped; that N & M is protesting this variance; she concluded by stating, as follows: "I believe the only workable solution to this problem is to require the tiling of the ditch in accordance with City Ordinance, in accordance with representations made by the Developer, and in accordance with the signed development agreement stating that all ditches will be tiled." 13. Gary Smith, Meridian City Engineer testified that he had received a call from John Anderson, an N & M official, who stated that Sharp & Smith, N & M engineer, had indicated that a 48 inch pipe could be used to pipe the ditch; that Gary Lee, an engineer DEVELOPMENT GROUP VARIANCE - FF & CL Page -4 ' ~ • • for the developer had used 3,300 miner's inches and N & M had used 2,700 miner's inches; that the entire length along Elk Run must be piped; that N & M would care~for the ditch; that the plat for Elk Run No. 1 shows a 35 foot easement; that the No. 1 plat would be an easement of record; he also submitted written comment to the same effect, which is incorporated herein as if set forth in full. 14. That the Applicant previously applied for a variance of 11-9-605 M so that it would not have to the the Kennedy Lateral for Elk Run No. 1, which application was denied; that the Findings of Fact and Conclusions of Law on that variance Application are incorporated herein as if set forth in full. 15. That the Ordinance annexing and zoning the Applicant's, land which is now under consideration for a variance of the piping requirement again, states, as follows: ". that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially on the property." 16. That the Findings of Fact and Conclusions of Law adopted by the Meridian City Council on the Annexation and Zoning Application of the Applicant for the land under consideration stated as follows: "That all ditches, canals, and waterways would have to be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation." 17. That after the variance request to not have to the the Kennedy Lateral, the Applicant signed a DEVELOPMENT AGREEMENT for Elk Run No. 1 with the City of Meridian which agreement stated as follows: a DEVELOPMENT GROUP VARIANCE - FF & CL Page -5 ~~ s • "3. That Developer shall meet al;l of the Zoning and Subdivision and Development Ordinance requirements of the City of Meridian for the zone in which the property is located. 7. 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." CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met ,including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances and under 11-9-605 M the City may waive the requirement of piping ditches if the City Council finds that the public purpose requiring such will not be served in the individual case. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, DEVELOPMENT GROUP VARIANCE - FF & CL Page -6 • ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which is pertinent to the Application: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement .for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. . 6. That the City Council is considering changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed to only require tiling where the size of the pipe require to the the ditch is forty-eight (48) inches or less; the Council has granted variances where the size pipe to the the ditch has been greater than forty-eight (48) inches. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the DEVELOPMENT GROUP VARIANCE - FF & CL Page -7 • • subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the ditch was in existence at the time that the Applicant purchased the property; that the City has required other developers to the ditches; that the granting of this variance would be of specific economic gain to the Applicant because the ditch would not have to be tiled and such would save the Applicant money, $280,000.00; that the variance would be of benefit to the Applicant because other developers have had to pay for tiling of ditches; that it is likely that additional residential development would occur on the west side of the ditch. 8. That it is concluded that the size of the ditch is a DEVELOPMENT GROUP VARIANCE - FF & CL Page -8 ' ~ • • substantial reason for having the ditch tiled rather than a reason for granting a variance from the requirement of tiling it; the Applicant stated at the hearing that the size of the diameter of the the to pipe the ditch would be 52 to, 60 inches; that no specific data was put forth that the ditch would require more than a 48 inch diameter the to pipe the ditch; that the testimony of Gary Smith, Meridian City Engineer indicates that N & M, the operator of the ditch, is of the opinion that a 48 inch pipe could be used to pipe the ditch. 9. That the City has granted variances where the size of the would be 48 inches or greater; that the Applicant did not submit any evidence that the the size would be greater than 48 inches. 10. That it is concluded that the size of the ditch is a substantial reason for having the ditch tiled rather than a reason for granting a variance from the requirement of tiling it. 11. That the requirement of tiling ditches is a health and safety requirement; that there are children who drown in ditches in Ada County and the Treasure Valley almost every irrigation season, particularly in ditches the size of the Kennedy Lateral; that the City has experienced a public outcry from residents adjacent to a ditch in Glennfield Manor to have a ditch tiled when the developer failed to the a ditch many years ago which was shown on the plat of the subdivision that it would be tiled but was not. 12. That regarding Section 11-9-612 A. 2., regarding the cul- de-sac length, it is specifically concluded as follows: DEVELOPMENT GROUP VARIANCE - FF & CL Page -9 • • a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the ditch tiling Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted since the ditch and the tiling requirement were in existence when the Applicant purchased the property; that there were no factors, physical or economical, unknown to the Applicant that support a granting of a variance. c. That the granting of a variance would be detrimental to the public's welfare and possibly injurious to the public. d. That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development .Ordinance for safety purposes. 13. That it would not be in the best interest of the City to grant the variance; that the public purpose requiring tiling would not be served by the granting of this variance; that it is concluded the Application for a variance from the 11-9-605 M PIPING OF DITCHES should be denied. DEVELOPMENT GROUP VARIANCE - FF & CL Page -10 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED (~ '~'L COUNCILMAN YERRINGTON VOTED "~~~( COUNCILMAN CORRIE VOTED i~' i COUNCILMAN TOLSMA VOTED ~~ MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-9- 605 M is denied. APPROVED: ~~~'~ DISAPPROVED: DEVELOPMENT GROUP VARIANCE - FF & CL Page -11 • Meridian City Council September 20, 1994 Page 19 Kingsford: Does Council have questions of staff on that? Morrow: My questions would be to Gary Smith, with respect to the letter dated September 15th, have all of those conditions or issues been agreed to by the applicant? Smith: Just a moment let me check. I think the only thing, Councilman Morrow, that we need to get some feed back on is that sewer line easement that we were talking about getting sewer over to that lot on the east side of the subdivision, the undeveloped lot that fronts onto NW 8th. There is a sewer line that exits the church property which is near the NE comer of the subdivision that flows to the east between some lots and into a trunk line that is on the west side of Applegate Subdivision. Now whether or not that sewer line has enough to serve this property, this undeveloped property to the south of the church I don't know. But if that doesn't have the necessary depth then the only access that this undeveloped piece of property to the east side of Canna Lily subdivision would have would be back into Canna Lily subdivision so that needs to be solved. Morrow: How about item #4 with respect to the minimum frontage on the culdesac lots? Smith: That needs to be changed so that it is (inaudible). But it is not as, I looked at the plat that we reviewed for the applicant, it doesn't appear that would be any kind of a problem. It just means moving of a lot line, that would take care of it. Kingsford: Any other further questions for Gary? Any questions for anyone else, Shari or the developer? Morrow: There is no development agreement involved with this? Kingsford: No Morrow: Mr. Mayor, I would move we approve the final plat for Canna Lily Estates Subdivision subject to staff conditions. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat of Canna Lily Estates Subdivision subject to approval of staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR ELK RUN SUBDIVISION NO. 1 AND 2 BY THE DEVELOPMENT GROUP: • Meridian City Council September 20, 1994 Page 20 • Kingsford: At this time I will open that public hearing and invite the developer and his parties to speak first. Bill Hart, 1903 Gull Cove Place, was sworn by the City Attorney. Hart: We are in front of the council on a variance to try to in lieu of the current ordinance of tiling our ditch behind Elk Run No. 1 and No. 2 because of the sizing of the pipe which is at the 60 inch mark to come in with our current fencing that we have and simply let it continue right on into to phase 2 for a couple of reasons. The aesthetics of the homes themselves and the way we have constructed them we fence all of our homes. We have started doing this and we would really like to keep doing it. The 60 inch pipe is going to have to go in this ditch is considerable in size and quite costly. Once we put this pipe in, this area between the fences becomes basically a no man's land. It is an area that not very many people are going to want to maintain, Nampa Meridian Irrigation I don't' know what their policy is on ditch riders and going over the top of a pipe that is covered in the ground. I don't know what type of travel it will have, right now it gets travelled every day. It gets maintained everyday, it gets cleaned up every day. It gets checked for any problems with maybe children playing in the area, breaking things down. 1 think our biggest concern is once we start doing this and once it starts happening in phase one and 2 and so on and so forth these structures are going to become some what of a safety problem, a maintenance problem. It is my understanding the inlets on these the grates are of a big question, how big are the grates before trash can pass through and how small shall it be so a child can't crawl through and get stuck in the pipe and drown. At least with the canal a child can stand up and say help, waist deep in the water, and I need help, I am stuck in the pipe that is basically it especially on a pipe of that size. My fencing would proceed all the way down to Meridian Road, which by all rights would basically contain the westerly side of it. We would entertain the idea of fencing the most westerly end of Calderwood extension so it would completely seal it off. Although we can't do anything about the most westerly side of the ditch because obviously we don't own it. Kingsford: Mr. Hart, if I could interrupt you, we just received today and certainly we have been laboring under that illusion too. Mr. Smith's memorandum to us might be worthy of you taking a look at Nampa Meridian saying that could be 48 inches. Hart: I have been instructed and paid considerable money to JUB engineers to say that it is going to be a minimum of 52 inches and for quite a length it is going to be 60. And I do believe Gary Smith does have the calculations to support that. Kingsford: Well, it is a public, so go ahead with your comments. I just thought you would like to have that because we just received it today. • • Meridian City Council September 20, 1994 Page 21 Hart: That is based on information from Nampa Meridian Irrigation. Kingsford: Right, and the gentleman quoted here is their director John Anderson. Hart: I know John's capacity at the Irrigation and I also know Gary Lee's capacity at JUB as a licensed engineer. And I tend to agree with the licensed engineer as far as hydraulics and stuff. I spent considerable time on the sizing of this thing. I'm concerned that once we start doing this it is going to be the snowball effect, it is going to keep right on going. I think we need to draw the line of where the sizing is going to be. I think that has been done on a few projects here recently. 1 am at a disadvantage by not knowing the exact ones but 1 do believe they were in the 52 inch range. We start at 52 and go to 6 so it is a matter of interpretation and who's book of rules we are going to use as far as what in fact that has to have. I am concemed as much as the homeowners are about the children and as about the area. There is a junkyard to the immediate south that is an eye sore, it is within 10 feet of the waters edge. Its gof beat up cars and power poles and all kinds of things. All I am trying to do is keep a nice fenced area that is aesthetically pleasing and keep it safe. And also keep it reasonable. That is all I have, I do have Mr. Folley who is our legal counsel that would like to say a few things on this issue that I can't convey because that is not what I do. So if he could step up I would appreciate it. Howard Folley, 2875 Autumn Way, was sworn by the City Attorney. Folley: For the record I represent the Development Company. We have some photographs we thought might be helpful in terms of Council making a decision. If I could submit those for the record. The photographs are numbered on the back, for the record, photograph #1 shows the ditch back looking south, #2 is the ditch bank on the north turn, #3 is the tum to the southeast, #4 (inaudible), #5 shows a vehicle in the ditch bank looking south to north, #6 the vehicle is kind of in the middle of (inaudible) to the immediate right and #7 (inaudible). My understanding of the proceeding here this evening. is that it is a request for a variance and that the request itself is consistent with the acts of the Council in the past when the tiling of the ditch, the size of the ditch pipe exceeds 48 inches. It is also my understanding that at the time of the initial platting of this property 2 things occurred, #1 it was the expectation of the developer as well as his engineer that the size of that pipe would be 36 inches therefore they assumed they would the it. And #2 they called and asked Nampa Meridian Irrigation District or their representative how much of an easement they had. They were told that they had 35 foot easement along that ditch bank. As this matter developed we were all asked to meet with Nampa Meridian Irrigation District and a member of the Council to try and resolve the differences. We attempted to do so, at one time Nampa Meridian committed in letter form their willingness to look at a 15 foot easement. I represent to the Council that in these pictures there is a 15 foot easement. At times it shrinks itself down to 14 foot 6 inches as measured from the high • • Meridian City Council September 20, 1994 Page 22 water mark of the canal to the fence itself. I would also represent to the Council that I have spoken to the Attorney for Nampa Meridian Irrigation District who advises inconsistent with what was stated at the meeting with Council members is there is no recorded easement, Nampa Meridian Irrigation District does not have a recorded easement up and down this ditch bank. They rely on a prescriptive easement, an easement of necessity t go up and down the ditch bank to repair their ditch bank and to make repairs as necessary. They have by practice over any number of years used a formula whereby they ask for an easement equal to 35 feet as you look downstream. And 20 feet as you look upstream as 1 understand. In this particular situation I guess the point we are really at this juncture is a fence has been constructed and the property has been sold. It involves 5 homeowners. The request here this evening is to ask .you to allow us to vary from the requirements as has been your practice I understand it, when we need to the a ditch in excess of 48 inches. As Mr. Hart stated sizing of that pipe exceeded the expectations of the engineer, at the time the plat was made. I don't think this was one let's run this past the City Council. I think they really expected the pipe would be 36 inches and that they would the it. That was not the case and they constructed a fence, they felt that they were constructing a fence and giving sufficient leeway for Nampa Meridian to go up and down the ditch way to repair it. I think the concem here is that I don't think the Council ought to get involved in with all do respect with a disagreement now that may exist between Nampa Meridian Irrigation District and the developer as to where their easement lies. I think the issue before the Council is, is this a proper case because of the sizing of the pipe, to grant the easement. If it is I think we can work out our differences with Nampa Meridian on those 5 lots, it strikes me that it is very simple to do that by simply if they need the extra 4 or 5 feet or whatever the case is to do that on the off side of the canal. I guess mainly I would again reiterate that there just simply is no recorded easement, there is nothing that a developer could look at and say here is an easement and when we do our plats this is recorded this is it this is exactly how big or long or short or small it should be there just isn't anything there. It is in the final analysis an easement of necessity, it is necessary for Nampa Meridian to get up and down that bank to make the repairs that are necessary. They are running concrete trucks up and down the ditch banks, I would suggest to you or submit to you that if they can do that surely they can get their equipment up and down the ditch bank to take care of those problems. The other concern the developer has at this point that representatives of Nampa Meridian Irrigation District have now called homeowners, told them as if they have an absolute right to it that they have an easement there they are going to tear down their fences that you folks need to step in and intercept those plans. They don't have a right to tear down the fences, it is an easement, and if they need it and are able to establish that by necessity then that is a different issue and a different time. At least that seems to be our perspective. Kingsford: Well, Counselor, in difference to your comments I would just say that we do have a development agreement, that development agreement calls for tiling it. And our C~ Meridian City Council September 20, 1994 Page 23 • ordinance calls for it to be tiled. That issue is a variance indeed we have taken a policy that those pipes that are larger than 48 inches we have granted variances on. Now we have a dilemma in terms of how big is the damn pipe. I think that Nampa Meridian knows how much water goes through it, I would suggest that probably Mr. Lee can calibrate how much goes through it and obviously they are in difference. But that aside I think that is something to be resolved but we need to proceed with the public hearing. I thank you for your comments. Folley: If I might just respond, it is also my understanding that again because of the rapid development and those sort of things there isn't a development agreement yet in place on this that we have typed one and submitted one that puts in it an issue of a variance. I think the only thing before the Council is that plat, I don't think there is a development agreement not on phase 1 at this point. Bob Stow, 1875 South Riptide, was sworn by the City Attorney. Stow: I live along this lateral and am here as kind of a spokesman for the group of homeowners that do live there as my neighbors. And, I wanted to voice some of our concerns and our main concern is the movement of the fences, or backyard. If these fences are going to be moved we are very opposed to a variance. However, if the fences can remain as they are I don't see, I don't' know of anyone that would be opposed to this variance. Some of our concerns are if the fences are to be moved who is going to pay for tearing down our fences and who is going to pay for the landscaping that we paid for. Who is going to be responsible for that area behind our fences as far as maintenance and repairs go. It is my understanding, I don't know if it is true or not but it is my understanding that once it becomes tiled over the Nampa Irrigation District basically washes their hands of it and it is up to the owners of the property to provide the maintenance on it. As it is now we own the property to the center of the ditch and there is a roadway that runs behind like Mr. Folley said there is no recorded easement, it is just something that has been there kind of a prescriptive easement. And we don't feel that as a group that is an unreasonable easement as it is now. I have seen the pictures that Mr. Folley showed you and I think they are clearly indicative almost any average size vehicle and even the larger like he said cement trucks go up and down that thing constantly. So I don't see any reason to move our fences. If they are not going to be moved there is not reason why a variance can't be granted. I don't know why the Nampa Irrigation District needs to have 35 feet which would put it close to 18 feet on our side of the ditch, that is something that I would like for you to consider because like the pictures show there are about 15 feet there, there is a lot of space and at this point we like things the way they are and we don't want anything changed. That is the homeowners view. Yerrington: Can I ask you a question, when you bought your property, were you told that • • Meridian City Council September 20, 1994 Page 24 ditch was going to be tiled? Stow: No I was not. Yerrington: I have heard that some of the people have been told that. Stow: I personally was not, I was told that I own to the middle of the ditch and I was told about the prescriptive easement that went through it. I was shown where my fence line would go and everything was satisfactory to me. Yerrington: What was the date that you bought your property? Stow: 1 think the contract date was May 24th. Yerrington: Of this year? Stow: Of this year. Brian Twait, 1893 South Riptide, was sworn by the City Attorney. Twait: I am a homeowner in the vicinity there, I have property that goes up to the canal line, (inaudible). I can agree somewhat with what the last representative of the neighborhood has said but I have some discrepancies with that. I was told upon signing on my house that the canal was going to be tiled over. This is one of the deciding factors in buying the lot, actually at the time of signing on the house I wasn't informed of having any easement right at all of any irrigation district. It was my understanding that my property was indeed enclosed inside of my fence that was put up. It was our understanding in buying the lot that it would be tiled over and that there would be some type of green belt put in there was the idea that was presented to me. They didn't' get a definite time on their but they did definitely give a time on that but they did definitely give a time on when it would be tiled over and that would be before the second phase went in. My wife and myself are looking forward to having children someday soon there and we are concerned about the safety and that is another real concern of ours is the safety of the neighborhood there. The irrigation canal lateral actually is pretty sizable, it is pretty wide and at times it is pretty deep, 4 feet maybe 5 or 4 1/2. And it poses what I consider a threat to young children. My lot, like I say my back fence is 15 feet off of there. One of the ideals put forth on that being tiled over is the safety factor would be taken care of. It was a huge concern on my part and my wife's part in buying our lot there. Also, to Mr. Hart's concerns about the maintenance back there, I am not sure about the other homeowners but I can speak for myself in saying that I would be more than happy to take back my 15 or 20 feet or 10 feet or whatever it is and maintain it. When you purchase the land you • • Meridian City Council September 20, 1994 Page 25 own that land, I would be more than happy to maintain it in a nice fashion. I can't really see many homeowners that wouldn't want to have another 2000 square feet of their yard back or lawn back for whatever reasons. As far as being an eye sore I don't see that being a real problem particularly that no one can basically see it unless you are walking down the easement or down by the canal. Other than that, (inaudible) of the possibility of having my fence line move back into my further than it is existing. As we have spent a lot of money, a lot of time working and landscaping and such. And fully expected that to stay with the property. Those are some of the concerns that I have and take them into consideration please. Kingsford: Any questions? Norm LaComb, 230 W. Davenport Drive, was sworn by the City Attorney. LaComb: I am a homeowner also on the back lateral and I am also one of the real estate agents that at times worked out there. We had 2 at one point. So some of the information did not come from me, but at the original just like Mr. Folley stated, it was perceived as a 36 inch pipe and it was to be tiled. That was agreed upon, I am not sure how it got to the higher ratios and the variances and all of that. We did start the first homeowners with the 38 inch pipe that was to be tiled. As far as how we use it, I am seeing several of the homeowners through out the subdivision they take their dogs they go for jogs. Igo out and walk my own dog on it. My main concern and really the only concern to me is that the fence stays in the area that it is in now. Whether they the it and I can move my fence, but I don't want it to encroach it more on my backyard than it already is. Did you have any questions? Kingsford: Thank you. Anyone else from the public? Shari I would like to ask you a couple of questions with regard to your memorandum. Shari Stiles, 33 East Idaho, was sworn by the City Attorney. Kingsford: Shari, with regard to your memorandum dated September 18th, you have in paragraph 3 a comment that there is a development agreement on #1. What does that development agreement say? Stiles: It says they will the all ditches. Kingsford: You say in paragraph 1 the developer originally requested a variance for Elk Run Subdivision No. 1, the first public hearing was held April 6, 1993. Findings of fact and conclusions of law approved on April 20th, the variance was denied. The developer asked for reconsideration of the variance June 15th, 1993 which was also denied. Is that your • • Meridian City Council September 20, 1994 Page 26 research from the file? Stiles: Yes Kingsford: Is there any indication as to why the developer then didn't proceed with that, why he went ahead and fenced? Stiles: Disregard for what he had agreed to. Kingsford: Any questions for Ms. Stiles? Thank you Shari. Anyone else from the public? Morrow: Mr. Mayor, I would like to have Gary Smith comment for the record with respect to the memorandum he gave us as of 4:00 this afternoon and the potential sizing dilemma. He has been involved with this project. Gary Smith, 33 East Idaho, was sworn by the City Attorney. Smith: Mr. Mayor, Council members, Councilman Morrow, this afternoon at about 4:00 P.M. I received a telephone call from John Anderson who is the Water superintendent for Nampa Meridian Irrigation District. The memorandum that I placed at your positions tonight tells you what he related to me. The Superintendent or the Nampa Meridian Irrigation district retains Sharp and Smith consulting engineering out of Boise; Idaho as their consulting engineer. And he indicated to me that firm had done some field survey and had analyzed the hydraulic data necessary to determine the size of pipe required to carry the amount of water that they felt was being conveyed in the open ditch. Part of the discrepancy I think between what Gary Lee has arrived the size of pipe that Gary Lee arrived at versus the size of pipe determined by the Irrigation district is the number of minor inches which is in a quantity of flow of water that was used by each one of the engineers. The engineer for Nampa Meridian Irrigation District used 2700 minor inches as the flow in the ditch, according to John Anderson this flow allows one minor inch per acre of land to be served plus a 15% loss due to evaporation in the ditches. The amount of water that was used by Gary Lee was 3300 minor inches so there is a 600 minor inch variance there between the 2. Mr. Hart indicated that I did have calculations and I do from Gary Lee, that shows the amount of head loss and the size of pipe required to carry the 3300 inches of water. The other thing that John Anderson told me was that the ditch, in order to utilize 48 inch round pipe the ditch would have to completely piped from the north boundary of Elk Run Subdivision No. 1 to the chuck obstructer which is near the south boundary of Elk Run Subdivision No. 2. And this would be taking full advantage of the dead differential from the upstream side of the chuck obstructer to the water elevation on the north boundary of Elk Run Subdivision No. 1. If only a portion of the ditch is piped, a 48 inch pipe would not be large enough simply because the head differential wouldn't be • • Meridian City Council September 20, 1994 Page 27 large enough. So in order to push that much water through a 48 inch pipe they would have to take advantage of that total head difference. He also indicated that the district would take care of the chuck obstructer to Meridian Road or Kuna Meridian Highway. So basically that is a little more background on the memorandum that I handed to you this evening. Kingsford: Any other questions for Mr. Smith? Smith: I might also mention that the plats that were received, both final plats for No. 1 and No. 2 do show a 35 foot easement on the plats along the west boundary of both subdivisions.. Which is what the irrigation district had requested. I don't know anything about easements of record but that easement was shown on the plat. Kingsford: That makes it an easement of record doesn't it? Smith: The No. 1 subdivision is recorded and so it would be an easement of record there. Kingsford: So the people in question, the irrigation district could come in and take those fences down? Is that right? Smith: I don't think I am qualified to answer that question Mr. Mayor. Kingsford: Anyone else? Go ahead Mr. Hart. Hart: I am concerned that everybody realizes that if this goes to a tiling scenario of past problems with grates, inlet structures and things that are problems especially to children. If the grate is too large a child can pass through, if the grate is too small the garbage plugs it up and it overflows and wipes out all the peoples houses. I think it is fair that the people realize this and that some of these things are addressed. There has been numerous problems with these and a pipe of this size whether it becomes 48 or 60 there is a tremendous amount of water and ciphening at either end creates a large suction. It would take nothing more than a child putting his arm down there and it will suck him right into the inlet. That becomes a big problem, and also if it does get that way it wont' allow us to fence our subdivisions anymore. We will have a no man's land back there that we cant' afford to fence. It is just going to be an open area, one of our main billings to Elk Run No. 1 and Elk Run No. 2 is that we fence all of our subdivisions and we landscape all of our subdivisions. Are the homeowners willing and everybody else willing to leave their back yards open to these inlet structures? I think not, I think they would rather have their backyard fenced and enclosed for their children to play in rather than to just walk out their back door and jump into an inlet structure or have somebody drive off the bank into their back yard. We spent a lot of time and a lot of money in our communities from bus stops • • Meridian City Council September 20, 1994 Page 28 that we put together to stay off the highway to front yards and fences. We would no longer be able to afford to fence our subdivisions if we had to go ahead and put in 2205 feet of this at a cost of about $280,000. So I just wanted to convey that. Kingsford: Anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: Mr. Mayor, I have several comments with respect to this particular project. I was the City Councilman that satin on the meeting between the irrigation folk, Gary Smith and listened to these discussions. And then at Gary Smith's request I personally on August 29th went and looked at this project and quite candidly where I was viewing it from was at this end looking what amounts to north. I think one of the things that this picture probably serves best to demonstrate is we in society create irrigation districts to deliver water. And the responsibility of those irrigation districts is to make sure the water is delivered in a safe and efficient manor. I think there are 2 outstanding issues here, in the practice of my own business I don't make it a practice to ask my people to do anything that I wouldn't personally do myself. When I was here and observing this ditch full of water it struck me as only a fool would tell his people to drive any kind of a heavy duty vehicle down this ditch and that probably nobody that was not totally qualified would reach a great degree of success with large pieces of equipment. The capability of dropping the front wheel and rolling a vehicle in there is great. The second issue is that part of those ditch riders responsibilities this is an elevated ditch as the pitcher clearly shows. Part of their responsibilities is to make sure those ditches aren't going to blow out. If this fence is here, (inaudible) can any ditch rider or anybody else see if there are gopher holes in the landscaping, see if the ditch bank has begun to be compromised. At some point in time Mr. Hart made the comment in our meeting before that nothing has happened in two years. But the issue is that this is a permanent fixture, nothing may happen for 10 or 15 years, but if we don't put it together right, how many of you folks that live below here are going to run to your favorite legal beagle when this thing breaks and turn around and try to sue the heck out of everybody. (End of Tape) in my perspective from a common sense standpoint none of this makes any sense. If in fact the ditches are going to stay and we are going to deprive those that we charge with the responsibility of maintaining these ditch banks so that they don't rupture then it is not fair of us to ask them to assume responsibility for something they can't see and something they can't correctly take care of without going to extraordinary steps. If they stay then the ditch in my opinion should be tiled. If the ditch is not going to be tiled then as per the information I have been given which was before my time on the Council then these fences ought to be moved clearly back to the tow of the .slope so that as those folks are doing their jobs in inspecting the ditch, making sure it is unplugged and the bank is safe that they have an opportunity to be able to easily see that and to do their work. I think that for my perspective for the record here is that I am not willing to allow a variance from tiling of the ditch and leaving the fences in place. I think Meridian City Council September 20, 1994 Page 29 that my position based on observation of the ditch with water in it, having walked a portion of it and looked at it is that it is clearly not a long term safe issue and it is not in the homeowners best interest nor the ditch companies best interest or the tax payers best interest to leave the situation as it is. The only people that will profit by this long term are the legal folk as I see it. That is my position with respect to this issue. Kingsford: Well, I think the issue that needs to be done, the public hearing is closed, the issue needs to be done is you need to have findings of fact and conclusions on the variance. Entertain a motion to that effect. Morrow: Mr. Mayor I would move that we instruct the City Attorney to draw findings of fact and conclusions on the variance. Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare findings of fact and conclusions of law on the variance request for Elk Run Subdivision No. 1 and 2, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: I would like to ask a question, since this was turned down on June 15, 1993 did we have the findings of fact at that time? Kingsford: Yes ITEM #14: DON FISHER: ISSUES CONCERNING MERIDIAN SCHOOL DISTRICT AND CITY OF MERIDIAN: Fisher: Members of the City Council, I appear before you tonight to address an issue confronting cities and towns all over the country. Gang activities are turning communities and schools into prisons. Prisons housing innocent inmates. The time is now to turn the tide on the growing attraction that gains our childrens interest. I visited with several people in the past 2 weeks, a school principle, a resource officer, a police officer along with fellow community members. They all agree that something must be done. Our community has grown leaps and bounds over the years, with growth comes outside influence, some good, some bad. Teenagers and young adults I visited with all seem to have the same thoughts they tend to feel the adults don't know how widespread gangs are becoming. Are they right? We have several good programs working to deal with the issues to gain our childrens attention toward gangs, but can we not deny that the attraction is still there. I would like to see a stronger emphasis placed on removing the elements that • • MERIDIAN CITY COUNCIL MEETING: September 20 1994 APPLICANT: THE DEVELOPMENT GROUP AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC, H~ARING• VARIANCE REQUEST FOR ELK RUN SUBQMSION NO 1 AND 2 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: AbA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTAHCED COMMENTS "REVIEWED" SEE ATTAHCED COMMENTS ~e ~~ ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk S CITY OF MERIDIAN OBERTD.ICORR E P.E. City Engineer GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. w s 33 EAST IDAHO SHARI STILES ater upt. JOHN T. sHAwcaoFT, waste Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 15, 1994 TO: Mayor & Council FROM: Gary D. Smith, PE RE: ELK RUN SUBD. NO. 1 AND N0.2 (Variance Request to ~ Tile Kennedy Lateral) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. Gary Lee, PE/I.,S, engineer for the applicant, has submitted hydraulic calculations showing the size of pipe needed to carry the flow as required by the Nampa and Meridian Irrigation District. (NMID). • Flow = 3300 Miner Inches = 66 Cubic feet per second. • Pipe diameter required if a 0.29 foot increase in water surface elevation is allowed by NMID at the box culvert crossing S.H.69 = 54 inches. ~ If the 0.29 foot water surface elevation increase is not allowed, approximately 660 feet of 60 inch diameter pipe in the 2505 feet of length would be required. 2. NMID has testified that they do not presently have an adequate maintenance road width along the boundary of the Elk Run No. 1 Subd. Correspondence has occurred between NMID and the Development Group concerning this roadways width, the need for movement of existing fences along with the need for the Development Group to enter into a License Agreement with the NMID to encroach into their easement. I am certain NMID will submit comments to you on this applicants request. I am attaching a photocopy of all correspondence I have received from NMID and The Development Group on this issue. ~• 9 August 1994 Meridian Planning 33 East Idaho 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 & Zoninq Commission ~~~~~s~~~, Boise 345.2431 Meridian, Idaho 83642 Re: Elk Run Subdivision No. 1 Elk Run Subdivision No. 2 Dear Commissioners: A~rUrG~- 1 ~5a 1994 Gary Smith, Meridian City Engineer, informed me that the developers of Elk. Run Subdivision No. 2 are asking for a variance on the piping of the Kennedy Lateral because of the size and the cost of the pipe. We were told by. the developers of the Elk Run Sub- division that the Kennedy Lateral would be piped, and be3ieving this information, Nampa & Meridian Irrigation District allowed fencing to encroach on the Kennedy Lateral's easement. The right- of-way on the Kennedy Lateral is 55 feet: 20 feet to the left and 35 feet to the right of center facing downstream. The fencing that was installed in Elk Run Subdivision No. 1 is too close for a backhoe or a large truck to course along the Kennedy Lateral for routine operation and maintenance. Nampa & Meridian Irrigation District will protest any and all waivers on the piping of the Kennedy Lateral until the problem of the fencing is resolved. We are asking that the City of Meridian hold all permits in the Elk Run Subdivision until the encroachment on the Kennedy Lateral is worked out to our satisfaction. Sincerely, Bill enson Assistant Water RECEIVED Superintendent pc: Each Director Secretary of the Board District Water Superintendent File AUG 1 5 1994 Nteridian Cii3r engineer APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - a0,000 Aug. 18 4 --, . i ~ .. THE DEVELOPMENT COMPANY P.O. Box 480 • Meridian, Idaho 83680 • (208} 887-5622 • Fax (208) 887-5619 i August 18, 1994 John P. Anderson RECE/VF'D Nampa & Meridian Irrigation District AUG 1 8 1994 1503 First Street South Nampa, ldaho 86351-4395 Nteridian City Engineer Re: Elk Run Subdivision 1 & 2 Dear John, I atn in receipt of I3iU IIensou's lettcr~ oned subdivisions be heldCuntil the si~tuahon requesting all permits m the above m e Developer's Agreement with regarding the Kennedy Lateral is resolved. I am sure a simpl Nampa & Meridian lrrigation DIl4irlct would be acceptable to both parties. Further, l feel that we should try to expedite this agreement as soon as possible. I am in need of a brief letter acknowledging acceptance' of this proposal to Gary Smith, Meridian Cily Engineer, while you are generating above mentioned Developer's Agreement. It was my understanding that in Ells Run Subdivision #1 the city would require us to file the Kennedy Lateral. It has since been brought to my attention thatcause of the diameter of the tiling required (56") that we would be allowed to fence vers tiling. I understand that there is an encroachment by a few of the fences along the east boundary of the Kennedy Lateral in I;llc Rwi Subdivision #1. We will be happy to relocate the fences invohred m accommodate your equipment. In Elk Run Subdivision #2 the fences will be appropriately placed. The time frame for such relocation of fences in Elk Run Subdivision #1 should take no longer than threo (3) weeks. If flue ie acceptable by the Nampa sc Meridian Irrigation District please reply immediately to confum these facts. of Development cc: Gary Smith Meridian City Engineer AUG 18 '94 15 25 208 887 5619 PAGE.02 Aug 19,1994 04=10PM FROM Foley • ~~lu~i>~ >~ ~xp~rr~~mi, ~I~~x~l~~r~l~ n I I or-~NEVs nN~ couNSn hR~ A~ L1~Ul r'.a acx IU 77 IDAHO STFiFF I I IERI f AUC ffl UG . SI 11 l I ;li)Q MEHIUTAN, IOAI IU H36EIf) I•IOWAR[) R FOLEY MARK S. FREEMAN August 19, 1994 FACSIMILE TRANSMISSION Nampa & Meridlan Irrlgation Dlstrlct Attn: Bill Henson Assistant Water Superintendent 1503 1st Street South Nampa, Idaho 83651-4395 c2os~ase-szol Re: Elk Run Subdivision No. 1 & No. 2 Dear Mr. Henson: PI IONS (208) BHfI.9111 TELECOPIER (20fi) AAA-5130 RECE/VED AUG 1 9 1994 Mer><dian City Engineer As you are. aware from our previous meeting this afternoon, our office represents the Development Company, the owners of the above named subdivisions. Based upon my conversation with Bill Hardt, it is my understanding that Mr. Nardt, yourself, as well as John Anderson met at Elk Run at approximately 2:30 p.m. this afternoon to discuss and review the location of certain fencing within the Kennedy lateral easement. It is my understanding that an oral agreement was reached between the Development Company and Nampa & Meridian Irrigation District whereby it was agreed that the existing fences in the Elk Run No. 1 Subdivision would be located at least fifteen (15) feet from the edge of the water to the picket's edge of the fence. In addition, it was agreed that in respect to Elk Run Subdivision No. 2, that no fences would be located wtthln sixteen (1 s) feet of the edge of the water. In addition, Mr. Hardt agreed to have his engineer perform a spot check to determine areas in Elk Run No. 1 where the fences encroach inside the fifteen (1'5) foot easement. Mr. Hardt has indicated to me that he hopes to have all work completed within the next thirty t30) days. AUG 19 '94 16 13 208 888 5130 PAGE.02 Aug 19,1994 04~11PM FROM Foley & Freeman, Chtd TO 8874813 • ,, • As you are aware, my client no longer owns the land upon which the fences in question in Elk Run No. 1 are located. As part of this agreement, my client wIN approach the homeowners and inform them that he is willing to relocate the fences at his sole expense. Obviously, my client must obtain the permission of the homeowners before any such work may be undertaken. Please contact me at your earliest convenience in the event 1 have misstated the substance of the parties' agreement. Sincerely, FOLEY & FREEMAN, CHARTERED _ ~. a .Freeman MSF:kIi cc: Client Gary Smith, Meridian City Engineer RECEI'1~''ED AUG 1 9 1994 meridian City Engineer ._.._~ ~._.._.._ .__ .._. _. M._. TOTAL P.03 AUG 19 '94 16.13 208 888 5130 PAGE.03 ~• '~a.~srfia Bi, ~~e~~ldta~ac ~tgatlasc ~lafi~tct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 22 August 1994 William C. Hardt The Development P.O. 480 Meridian, Idaho Dear Bill: Company 83680 Phones: Area Code 208 OFFICE: Nampa. 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The letter is to follow-up our meeting of August 19, 1994, .which was a field inspection of the fence in Elk Run Subdivision No. 1 and included discussion on the proposed fencing along the banks of the Kennedy Lateral in Elk Run Subdivision No. 2. At this meeting, which Bill Henson attended along with you and I, it was agreed that if you met the following conditions, we would request that Gary Smith act with the Mayor and Members of the Meridian City Council in regards to revoking your certificate of occupancy permits. You are to have the fences moved in Elk Run Subdivision No. 1 so that the District will have a minimum of a fifteen foot roadway. A License Agreement will be completed that states that if this fence is destroyed during the course of normal operations or during emergency services, the District will not be held responsible, You said that you would deal with the land owners and complete the work. On the two lots to the north, which are as yet unfenced, you agreed that you would move back a minimum of two feet which would leave approximately sixteen feet of usable roadway for the District's machinery. RECEIVED -i~i~~ Y AUG 2 4 1994 h~er>tdian . • (:rty Engineer APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 . r' • ~. 22 August 1994 William C. Hardt Page 2 Contact Nampa & Meridian Irrigation District's attorney, Andy Harrington at 342-4591 and request that he prepare a License Agreement for encroachment (preferably for both Phase I and Phase 2) so that we can get this behind us. After you have signed the agreement, it will go before the District's Board of Directors at the next available board meeting for their signature and approval. If you find any of this information incorrect, please contact me immediately so that we can get this resolved. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington _Gary Smith, City of Meridian Bill Henson Rider 5 File RINGERT ~ CLARK CHARTERED LAWYERS [J August 26, 1994 wuuam r. ningen D. Blair Clark .lndrew ~t. Hamngron James G. Reid Jeffrec R. Chnsrenson James P. Kaufman Pamck D. Furey Laura E. Burn nllyn L. Sweeney David Hammergwsr Daniel v. Sleenson Steven C. ~rahaffy Samuel Kaufman 1 1 92 1-1 9861 RECE/VED Mark S. Freeman - Attorney, at Law AUG 2 9 1994 P.O. Box 10 Meridian, Idaho 83080 l~ler><dian City Engineer Re: Elk Run Subdivisio Nos. 1 nd 2 (The Development Company) Dear Mr. Freeman: John Anderson of Nampa & Meridian Irrigation District has given me copies of your letter to Bill Henson dated August 19, 1994 and of his letter dated August 22, 1994 to William C. Hardt of The Development Company. John's letter was dictated before he saw your letter. I have also spoken with John on the subject. John's letter to Mr. Hardt states the District's position. We have a couple of comments in regard to your letter. The distances are from the top of the bank, the standard expression among irrigators, rather than the "edge of the water" used in your letter. Second, we respectfully cannot accept merely an attempt on the part of Mr. Hardt to discuss fence relocation with the present lot owners. We must have a signed license agreement by The Development Company covering all fences or The Development Company, if it chooses, must procure the signatures of the affected owners to individual license agreements or a joint license agreement signed by each owner. The District holds The Development Company responsible for improper installation of the fence and for satisfactory fence relocation. John Anderson of the District was told that Kennedy Lateral would be placed in a pipe by the developer in which case location of the fence at its present site was acceptable if not ideal. The Development Company later decided not to install the pipe but left the fence in the location as if a pipe were to be installed. The District should have been notified of this change in construction plans. Had it been notified, it would have required location of the fence in the now required location with avoidance of present relocation problems. The 15 foot width required in Elk Run Subdivision No. 1 is an absolute minimum and permits a fence encroachment of 20 feet within the District's right of way. There is a well-defined passage way along the 15 foot area required by the District. The District views the fence in its present location as a trespass. It interferes with the District's secondary easement of maintenance and repair and is subject to removal by the District. 455 South Third Street • P.O. Box 3773 • Boise. Idaho 83701 • 208/342-4591 FA.Y 342-4657 • • The license agreement proposed .by the District is an alternative to a trespass dispute. If you will send information to my office necessary for preparation of a license agreement, one will be prepared in one of the alternate forms suggested above.- I know that we need at least the legal name of The Development Company, the kind of entity it is, its address and telephone number, legal descriptions for Elk Run Subdivisions Nos. 1 and 2, and an 8 1/2 x it plat or other drawing showing with numbers the location of the fences as required in John Anderson's August 22 letter. I send a copy of this letter to John Anderson and ask John to correct or supplement any statements I have made that he care to. I also send a copy of this letter to Gary Smith. Yours very trul , An rew M. Harrington AMH/llw cc: Gary Smith John Anderson P~ -' WaA}W,, C~rooks~vr~ - - Wi I I Ber~, OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. Clty Engineer BRUCE 0. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 .-. Phone (208) 888-4433 • FAX (208) 887813 ~:, ~,, ~~'E~ Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor CITY O~ ~,~i1DIA1~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & 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 City Council, please submit your comments and recommendations to Meridian .City Hall, Attn: Will Berg, City Clerk by: September 13, 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9120/94 REQUEST: Variance request for Elk Run Subdivision No 1 and 2 BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 8~ 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM $ A LAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner b Zoning Administrator JIM JOHNSON Chairman • Planning S Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITI3 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: September 13, 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9/20/94 REQUEST: Variance request for Elk Run Subdivision No. 1 and 2 BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S. Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 TCITY 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 & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES ~ /'+ OTHER: rJ ' 3d ``7 YOUR CQNCISE REMARKS: • 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 CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division Conditional Use # ~E~~~~~D Return to: S t I' 1 4 1994 ^ Boise - ~ , , . ^ Eagle ^ Garden city ~~ Meridian ^ Kuna eliminary /Final /Short Plat ~ - ^ ACZ ~~~~~ /~ /2yi/ Sy~3~/!/~S/vim //o. ,~~~ /~~ _ 2. ^ 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 ca'ncerning 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 & 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. ^ I o. 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: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. Wit: l~~ /Uo oB1~=U~an1S ~ Date:-i-~ ~0~~~ Reviewed By: CDHD 10/91 rcb, rev. II/93 jll SEP 0 6 1994 C1T~-' ()~° ~i~i~i~xt~~l~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 September 1994 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Gary A. Lee, Project Manager J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 RE: Elk Run Subdivisions No. 1 and No. 2 - Pressure Urban Irrigation System - Letter Dated 30 August 1994, Received 1 September 1994 Dear Gary: I write in response to page 2 paragraph 2 of the above-referenced letter and topic. When the appropriate construction contract for the proposed pressure urban irrigation system has been signed and accepted by the Nampa & Meridian Irrigation District and plans submitted to the Irrigation District that are in compliance with the standard specifications for a pressure urban irrigation system of Nampa & Meridian Irrigation District, then the District will assume ownership, operation and maintenance responsibilities of the pressure urban irrigation system. The District will also inspect intermittently and do a final test and inspection of the system before final acceptance is granted. I would encourage your client to contact Nampa & Meridian Irrigation District's legal counsel, William F. Ringert or Steve Mahaffy at 342-4591 for discussion concerning .the construction contract and all other related documents. Page 1 of 2 (~Oop~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000', BOISE PROJECT RIGHTS - 40,000 • • 2 September 1994 Gary A. Lee Page 2 of 2 Should you have any questions concerning this topic, or require additional information, please call on me at the District's office. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Ringert Attorney - Mahaffy Meridian Planning & Zoning Meridian City Engineer Ada County Development Services - Priester Ada County Planning & Zoning John Sharp - District Engineer ~~ of • August 30,.1994 Mr. John Anderson Nampa & Meridian Irrigation District 1503 First Street South Nampa', ID 83651-4395 Dear Mr..Anderson: J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 ©1 ~~P 1994 NAMFA ~ ~paS~AjNCT 1RRiGATtON . RE:- Elk Run Subdivision Nos. 1 and 2 Development or Land Use Change/ Site Development Application With regard. to the above=referenced subdivision located in a portion of the NE 1/4 of Section 24, T.3N., R.1W:, B.M., Ada County, Ldaho, please find enclosed the following items: 1. The original and one copy of the Nampa & Meridian Irrigation District Land Use .Change/Site Development Application. 2. Two copies of J-U-B ENGINEERS, Inc.'s Street Improvement Plans, Sheets 10 through 13, Drawing No. B940322, Showing improvements planned for a pressurized irrigation system including distribution piping and pumping vault and gravity flow piping for a 12" discharge line from the Pump Station to an existing irrigation box on South Meridian Road. 3. Two copies of an 11" x l7" reduced-copy of the plats for Elk Run Nos. l and 2 Subdivisions. 4. Two copies of the legal descriptions for both subdivisions. 5. The. application fee in the amount of $650.00 as supplied . ,by the developer. _ . 6. Two copies of hydraulic calculations (in spreadsheet ~ _ format) with pump curves, .for .a peak-flow rate bf 1ff0 'gpm. The flows were concentrated in the ,extreme parts of the - .distribution system. ; . _ . ,. ...- a -~ ~. . - - -~ t! - ~ ~ JUB ~~/' Mr. John Anderson Engineers Surveyors Planners August 30, 1994 Page 2 We have sent copies of the above drawings and calculations to the District's Engineer, John Sharp, along with a copy of this letter for review. - In addition,. the City of Meridian and Ada County require that we obtain a letter from Nampa & Meridian Irrigation District stating that the plans for the proposed pressurized. irrigation system are approved and that the District will assume the operation and maintenance responsibilities of said system. Once you have reviewed the enclosed information and have obtained Board. approval, please address your approval-letter to the developer, The Development Group, as shown on the enclosed application.. - It-is the intent of the developer to commence construction for this project immediately; therefore, we would appreciate a timely response to this application and to the plans review. If you need additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. // ~/~ Gary A. Lee, P.E./L.S. Project Manager GAL:ls Enclosures cc: John Sharp, Sharp~& Smith Project #18530-06 08/31/94 12:06 '8`208 323 9336 J-U-B ENG. BOISE ~ 001/005 • J-U-~ ~NG~EYtS, INC. 250 South Beechwood, # 201, Boise, ID 83709 FAX To: F Shari Stiles Company: City of Meridian Phone: 888-4433 Fax phone: 8 87 - 4 813 CC: Date: August 31, 1994 Number of pages including cover sheet: S From: Gary A. Lee Project: Elk Run Sub . No . 2 Project No.: 18 5 3 0- O S Development Group Phone: (208) 376-7330 Fax phone: (2 0 8) 3 2 3- 9 3 3 6 REMARKS: ^ Urgent ® For your review ® Reply ASAP ^ Please comment Shari, Enclosed is a supplemental narrative that you requested concerning the variance application for the Kennedy Lateral piping at Elk Run Subdivision. Please call if you have any questions or wish to discuss this further. Your consideration in this matter is greatJ.y appreciated. Gary AUG 31 '94 12 07 208 323 9336 PAGE.01 08/31/94 12:06 '$`208 323 9336 J-U-B ENG. BOISE C SUPPLEMENTAL NARRATIVE FOR A VARIANCE APPLICATION BY THE DEVELOPMENT GROUP TO NOT PIPE THE KENNEDY LATERAL 1. Address of subject property: 2005 S. Meridian Road Meridian, ID 83642 2. Name, address and phone number of applicant: ~ 002/005 The Development Group 1903 S. Gull Cove Place Meridian, ID 83642 3. Name, address and phone number of owners of subject property: The Development Group 1903 S. Gull Cove Place Meridian, ID 83642 (208) 887-5622 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner: Copy of Warranty Deed No. 1497001118 submitted with application. 5. Legal description of subject property: Copy of Written Legal Description dated November 16, 1993 submitted with application. 6. Present use of subject property: Agricultural pasture lands, which have not been farmed for a few number of years. 7. What is intended to be done on or with the property: An application has been submitted for a residential subdivision known as ELK RUN SUBDIVISION NO. 2 AUG 31 '94 12 07 208 323 9336 PAGE.02 08/31/94 12:07 X208 323 9336 CJ J-U-B ENG. BOISE 8. The district that pertains to the subject property: The parcel has been annexed into the City limits of Meridian and is zoned R-4. f~lj 003/005 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required: A Vicinity Map is submitted with the application. 10. schematic building plans which indicate typical elevation and floor plan of any proposed construction: Not applicable, the Variance is to request that the developer not be required to file the Kennedy Lateral. 11. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300) feet of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered: The name list is submitted with the application. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance: The piping of the Kennedy would require the installation of a 54 to 60 inch irrigation pipe to accommodate the anticipated flow as determined by the Nampa and Meridian Irrigation District. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use: The city currently requires that all irrigation ditches within new subdivisions require tiling_ However, the City has allowed ditches that require a pipe size of larger than 48 inches to remain open ditches and not be piped. 14. Difficulty or~hardship which would result if requirements of this Ordinance were applied to subject property: If the developer was required to the the Kennedy Lateral it would put him at an unfair dis-advantage with his competition, who have been granted variances in similar AUG 31 '94 12 08 208 323 9336 PAGE.03 08/31/94 12:07 $208 323 9336 J-U-B ENG. BOISE C~ @J 004/005 situations. (i.e., they are not required to pipe irrigation ditches is the pipe size is greater than 48") 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. ` The size of the required pipe is greater than 48 inches. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands: Not all subdivisions have irrigation ditches traversing through them that would require tiling. Parcels which have large irrigation water conveyance systems should receive special consideration. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance: The developer would be required to the a very large irrigation ditch at a tremendous expense. Other properties within this district do not have these types of irrigation ditches traversing through the property. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action: The City has granted other developers a similar variance, where they have not been required to the irrigation ditches larger than 48" pipe size. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this .Ordinance to other lands, structures or buildings in the same district: AUG 31 '94 12=08 Since the City has granted similar variances to other land owners for the same condition, this application would not be a special privilege to this owner. 208 323 9336 PAGE.04 08/31/94 12:08 '208 323 9336 ~ 005/005 J-U-B ENG. BOISE C~ 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: We believe that this variance complies with the Meridian Comprehensive plan in that the public will be protected from open water courses by either tiling or fencing of the ditch. 21. A fee established by the Council: $250.00 -- $1.29 for each certified mailing to be sent = total fee . A fee of $275.80 was submitted with the application 22. The property will be posted one week before hearing stating they have applied for a Conditional Uee Permit or Zoning. There must be a signed affidavit that this has been done as part of the application: AUG 31 '94 12 08 The owner agrees to post said parcel of land in accordance with City of Meridian Standards, and will submit a signed affidavit. 208 323 9336 PAGE.05 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 Chiei WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor CONFIDENTIAL MEMORANDUM TO: Mayor and Council ,~ /~ FROM: Sham-~s, Planning & Zoning Administrator DATE: September 18, 1994 SUBJECT: Variance Request to Allow Tiling of Kennedy Lateral -Elk Run Subdivisions Nos. 1 and 2 The Developer originally requested a variance for Elk Run Subdivision No. 1. The first public hearing was held April 6, 1993, with Findings of Fact and Conclusions of Law approved on Apri120, 1993. The variance was denied. The Developer asked for reconsideration of the variance on June 15, 1993, which was also denied. The Developer proceeded to fence the ditch instead of tiling, and has encroached 17' into Nampa-Meridian Irrigation District's easement. The remaining area is not sufficient for equipment to maintain the ditch. Nampa-Meridian Irrigation District allowed fencing to encroach into their easement only because the Developer assured them the Kennedy Lateral would be piped. Nampa-Meridian is protesting this variance and has asked that Meridian hold all permits until the issue is worked out to their satisfaction. Property owners were also promised the ditch would be tiled and have installed extensive landscaping, in many cases immediately adjacent to their back fences. I informed the Developer we would not sign the plat for Elk Run Subdivision No. 2 until this issue is resolved and a license agreement with NMID is submitted. He (Bill Hardt) became verbally abusive and said it had nothing to do with me, it was between him and Nampa-Meridian Irrigation District. I said it did have something to do with me as it is a requirement of our ordinance and he had signed a development agreement for Elk Run No. 1 which states ditches will be tiled or the property would be subject to de-annexation. I also told him I would not prepare a development agreement for Elk Run Subdivision No. 2 until the issue was resolved. He stated I must be sitting around the coffee table looking for things to delay his project. (At this point, I hung up on him.) I believe the only workable solution to this problem is to require the tiling of the ditch in accordance with City Ordinance, in accordance with representations made by the Developer, and in accordance with the signed development agreement stating that all ditches will be tiled. Development agreements are much like protective covenants --- if there is no enforcement of any condition, remaining conditions may be declared null and void. If development agreements are not going to be enforced, please let me know so I do not waste my time, your time, and that of the City Attorney on these development agreements. • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A GOOd PIaCe t0 L1V2 RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk ~ MAX YERRINGTON JANICE L. GASS, City Treasurer ~ CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer / WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (2(18) 887813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ~ORp,Np>~ September 20, 1994 TO; MAYOR & COUNCIL FROM; Gary D. Smith, PE RE; ELR RtJN SUBDIVISION NO. & N0.2 (Variance Request to Tile Kennedy Lateral) Today, at about 4:00 P.M. I received a telephone call from John Anderson at the Nampa & Meridian Irrigation District concerning the size of pipe required for this length of the Kennedy Lateral. John informed me that the District's engineer had completed field and hydraulic investigation and conclude that the length of this ditch from the north boundary of Elk Run No.1 to the check-up structure near the south boundary of Elk Run No.2 can be piped using a 48" diameter pipe. The pipe would need to be concrete unless 30 inches of cover can be provided in which case PVC pipe can be used. The quantity of water to be conveyed is designated at 2700 miner inches. This allows for one miner inch per acre of land served plus a 150 loss due to evaporation. ~ 1 • MERIDIAN CITY COUNCIL APRIL 20, 1993 PAGE 3 Eng. Smith: Dn that particular one the way the lots lay out - the sewer line will terminate at the end of the pavement, the water line if it's not extended on to.the next valve then the developer effectively looses the lots there because when the water line is extended we have to shut them off. Until the extended water line is disinfected and so we're talking about several days. Kingsford: Are you comfortable with it not being paved over? Eng. Smith: We are requiring a concrete donut around the valve. Kingsford: Any other questions of Mr. Tealy? No response. Giesler: Have you seen the Engineer's comments? Tealy: I just-received them tonight but I believe they are standard and there would be no problem. The Motion was made by Yerrington and seconded by Giesler to approve of the Final Plat of Candlelight Subdivision #2. Motion Carried: All Yea: ITEM #3: FINDINGS OF FACT-AND CONCLUSIONS OF LAW: VARIANCE REQUEST FOR ELK RUN SUBDIVISION, FENCING INSTEAD OF DITCH TILING, BY DAVENPORT GROUP: The Motion was made by Corrie and seconded by Giesler to approve the Findings of Fact and Conclusions of Law on Elk Run Subdivision: Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #4: FINAL PLAT: ELK RUN SUBDIVISION, 53 LOTS, ZONED R-4 AND R-8 BY DAVENPORT GROUP: Corrie: There's one comment from the Fire Department reference a turn around. Will that be taken care of? `. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF THE DEVELOPMENT GROUP FOR A VARIANCE FROM 11-9-605 M PIPING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on April 6, 1993, at approximately 7:30 o'clock p.m. on said date, at tl~e Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for April 6, 1993, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 6, 1993, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within. 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural • waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 4. That the Applicant has requested a variance from the above ditch piping requirements and be allowed not to pipe the Kennedy Lateral but to fence the ditch. 5. The entire property in question is described in the variance application and i~ incorporated herein as if set forth in full. 6. That the property in the area where the variance is requested is zoned R-4 Residential and is proposed to be used in that fashion. 7. That the Applicant stated at the hearing that the piping of the ditch would require a siphon, that tiling would create a mound, that it would be a barrier_to Calderwood Street, and that the ditch is quite large to be tiled and such would be cost prohibitive; in the application, in answer to the question why the granting of the variances would not confer upon the Applicant special privileges that are denied to other lands in the same district, the Applicant states as follows: "It is our belief that the Kennedy Lateral should be allowed to remain an open ditch as it traverses through all affected parcels of land due to its size and water capacity requirements."; that in response to the question what special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not • • applicable to other lands, structures, or buildings in the same district, the Applicant states as follows: "No special circumstances exist. However, due to the size of the Kennedy. Lateral and the amount of water flowing through it, it would be cost prohibitive to install a pipeline of sufficient size to meet the needs of the irrigation district." 8. That the Applicant owns the property. 9. That no people appeared at the hearing objecting to the variance application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances and under 11-9-605 M the City may waive the requirement of piping ditches if the City Council finds that the public purpose requiring such will not be served in the individual case. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own • • proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which is pertinent to the Application: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. . 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. • • c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the. Idaho Code; and e . That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the ditch was in existence at the time that the Applicant purchased the property; that the City has required other developers to the ditches; that the granting of this variance would be of specific economic gain to the Applicant because the ditch would not have to be tiled and such would save the Applicant money; that the variance would be of benefit to the Applicant because other developers have had to pay for tiling of ditches; that it is likely that additional residential development would occur on the west side of the ditch. 8. That it is concluded that the size of the ditch is a substantial reason for having the ditch tiled rather than a reason for granting a variance from the requirement of tiling it. 9. That the requirement of tiling ditches is a health and safety requirement; that there are children who drown in ditches in Ada County and the Treasure Valley almost every irrigation season, particularly in ditches the size of the Kennedy Lateral; that the City has experienced a public outcry from residents adjacent to a ditch in Glennfield Manner to have a ditch tiled when the developer failed to the a ditch many years ago which was shown on the plat of the subdivision that it would be tiled but was not. 10. That regarding Section 11-9-612 A. 2., regarding the cul- de-sac length, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the ditch tiling Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted since the ditch and the tiling requirement were in existence when the Applicant purchased the property; that there were no factors, physical or economical, unknown to the Applicant that support a granting of a variance. c. That the granting of a variance would be detrimental to the public's welfare and possibly injurious to the public. d. That the variance would have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 9. That it would not be in the best interest of the City to grant the variance; that the public purpose requiring tiling would not be served by the granting of this variance; that it is concluded the Application for a variance from the 11-9-605 M PIPING OF DITCHES should be denied. • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED ~_ COUNCILMAN GIESLER VOTED COUNCILMAN CORRIE VOTED •~i~ COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-9- 605 M is denied. APPROVED: / DISAPPROVED: HUB OF TREASURE VALLEY COUNCIL MEM8ER5 OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Clly Clerk CITY OF MERIDI AN MAX YERRINGTON OW We GARY O SM THg P.E. City Engeneer T W. MORR BRUCE D. STUART, Watsr Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. s-+AwcROFT, waste water supt. Planner d zontny ACministrator KENNY W. BOWERS. Flre Chiet MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chiet J!M JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887813 Chairman - Plamm~p 6 Zoninq 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: Will Berg, City Clerk by: September 13. 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9/20/94 REQUEST: Variance request for Elk Run Subdivision No 1 and 2 BY: The Development Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S. Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC 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 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: S E P 3 0 1994 CITY OF MERIDIAN ._ _ . OFFICIALS WILLIAM G. BERG, JR., CNy 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88811433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT' P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 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 City Council, please submit your comments and recommendations to Meridian .City Hall, Attn: Will Berg, City Clerk by: September 13, 1994 TRANSMITTAL DATE: 8/29/94 HEARING DATE: 9/20194 REQUEST: Varianc~reauest for Elk Run Subdivision No 1 and 2 BY: The Develoament Group LOCATION OF PROPERTY OR PROJECT: South of Overland Road and West of S. 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 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 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: AEG 2 9 X994 ~ITI~ +~~ ~Di~f~ z t ~R~ • CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME : Development Group (Elk Run Sub. No. 1 & No. 2) PHONE 887-5622 (Owner or holder of valid option) ADDRESS : 1903 S. Gull Cove Place, Meridian, ID 83642 GENERAL LOCATION: S, of Overland Road, West of S. Meridian Road LEGAL DESCRIPTION OF PROPERTY: See Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. (see attached) PRESENT ZONE CLASSIFICATION R-8 and R-4 VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300 radius of the parcel(s) proposed for a Variance must be. attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: To allow fencing of the Kenned Lateral in lieu of installing an irrigation pipe and covering the The required pipe size is 54-60 inch diameter. SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By *~ .A • REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the app 1 i cat i on . See plats of Elk Run Subdivision No. 1 and No. 2. 1. What i s i ntended to be done on or with the property? The property is being developed into a single family residential project in R-4 and R-8 zone as approved by the City of Meridian. The variance is a request to install a fence along the Kennedy Lateral along the project's west boundary in accordance with Nampa and Meridian Irrigation District. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings i n the same district ? Due to the size of the Kennedy Lateral and the amount of water flawing through it, it would require a 54-60 inch pipe to meet the needs of the irrigation district. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance ? The ordinance in question was intended for smaller irrigation delivery ditches (48-inch and smaller) and should not apply to the larger irrigation laterals (larger than 48 inches). 4. What special conditions or circumstances exist that were not a resul t of your actions? The City of Meridian has allowed variances for other land owners when piping of the lateral exceeds 48-inch diameter. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? Similar variances have been granted for other land development projects by the City. Y 1 • • • . ~~-u Engineers Surveyors Planners Project: 18530 Date: November 16, 1993 LEGAL DESCRIPTION ELK RUN SUBDIVISION NO. 2 PLAT BOUNDARY A parcel of land situated in a portion of the NE 1/4, of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Lot 4 and Lot 5, Block 1, of Elk Run Subdivision as shown on the official plat thereof, recorded July 19, 1993, in Book 63 at page 6303, Ada County Records; AND Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4, of .Section 24, from which the Northeast corner of said Section 24 bears North 00 37'36" East 2,649.87 feet; thence along the East-West midsection line of said Section 24 North 89°34'30" West 65.00 feet to a point on the Westerly right-of-way of South Meridian Road, the TRUE POINT OF BEGINNING; thence continuing along said East-West midsection line North 89°34'30" West 72.10 feet; thence leaving said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances: 1. North 30°37'30" West 139.10 feet; 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; 3. thence along said curve 163.76 feet to the right, said curve having a central angle of 46°54'45", a radius of 200.00 feet and a long chord bearing of North 17°41'01" West 159.22 feet (formerly known as North 25'06" West 82.05 feet); 4. thence North OS°46'22" East 39.11 feet, (formerly known as North 04'28" East 86.00 feet, more or less), to the Southwest corner of said Elk Run Subdivision; thence leaving said centerline of Kennedy Lateral and along said Southerly boundary of Elk Run Subdivision South 89°52'45" East 824.61 feet, (formerly known as North 89'06" East 828.02 feet), to a found 5/8" iron pin and cap marked P.E./L.S. 3260, monumenting an angle point on said Southerly boundary; thence continuing along the boundary of said Elk Run Subdivision North O1°01'15" East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L.S. 3260; thence continuing along said boundary South 88°55'45" East 87.74 feet to the Southeast corner of said Elk Run Subdivision, said point being monumented with a found 5/8" iron pin and cap marked P.E./L.S. 3260, said point being on the Westerly right-of-way of said South Meridian Road. a ~~-u-s Engineers Surveyors Planners Project: 18530 Date: November 16, 1993 Page: 2 - Description for Elk Run Subdivision No. 2 Plat Boundary thence along said Westerly right-of-way South 00°37'36" West 1,352.10 feet to the TRUE POINT OF BEGINNING. Containing an area of 14.25 acres, more or less. SUBJECT T0: All existing road right-of-ways and easements of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. GAL:ls Gary A. Lee, P.E./L.S. ~J uJ August 24, 1994 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 ~~~~~~~ Al~~ 2 5 1984 CITY OF l~ER~DIAId RE: ELK RUN SUBDIVISION NOS. 1 AND 2 The Development Group - Kennedy Lateral Piping Variance Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Variance Application for the above subdivisions. As stipulated by said ordinance, please find enclosed the following: 1. 20 copies of a Variance Application from the Development Group to allow fencing of the Kennedy Lateral in lieu of piping of said lateral. 2. A copy of a Warranty Deed. showing proof of ownership of said parcel of land. 3. 20 copies of the written legal description of said parcel. 4. 20 copies of a vicinity map at a scale of 1"=300' showing the location of the parcel. 5. A list of the current owners of surrounding property within 300 feet of the parcel. 6. Check No. 1855 in the amount of $275.80 for the application fee from The Development Group. Also, per City requirements, on behalf of the developer, The Development Group, we wish to offer further information to support this request for a variance as follows: The Kennedy Lateral, as it is situated on the property now, does not lend itself to tiling or covering. The lateral was originally constructed along a natural ridge as was further built up for delivery of irrigation water. To the this ditch now would require that a siphon be installed to bury the pipe to a sufficient depth to allow proper roadway covering and to set it below the surrounding natural ground elevation. Other lands in the immediate vicinity of this portion of the Kennedy Lateral will experience the same difficulties. These lands should also be granted variances to fence in lieu of tiling. is •- «~ .. ~~-u Engineers Surveyors Planners ~ J Mr. Will Berg, City Clerk August 24, 1994 Page 2 In addition, hydraulic calculations have been prepared and submitted to Gary D. Smith, P.E., City Engineer, for review. The required pipe size to carry the necessary flow of water is 54 inches for a portion of the system and 60 inches for the remainder. The City has granted variances to other land owners within the City in situations where the irrigation piping requirement exceeded 48-inch diameters. Please review the. enclosed information and schedule for the next available City Council meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~~ ~~ yC~~%~Lee, P.E. L.S. Project Manager GAL:ls Enclosure cc: The Development Group Project #18530 • l ~ - - _. ' ~. .. ~ -# ~ WARRANTY DEED 1~a;UUlliy ,r ~ _,.~ _ /~ ~ value Reaaived ~ r.. ° ~~~,. FUbrtZ L. C!a'iartrnsan erd Darns hdris t7sistensen, husband erd wifs,;, henistnftels zefarxed t~ as fYentos, doss hereby flrant, bargain, sell, and o=tvey tst4 - /i;. _ DevalgpretLtGloup, a partners:up - - -` -': a1 heroinntvar :af~zed t,o ao taranvea, wrrnw aasw,t address se - . _ 3706 Gsslie, Hekecefisld, C~ 93311 the folla+inq dosrsibsd pt®niesa, to-wit: See Attac3fed Oeee'i ;,~ lepnl pt:ion t~evo end mods a part hereof . ~ 92913i? ~- FIRCTAMER-CAN TITLE CO. .`~; dCA CCU; i Y, i r. FOR RECORDER `~ ~ y;,.... - '92 DEC 31 PSI 3 48 ~ •'~`-~'`= -. 20 WIVE A40 'i0 FDLa the snid premises, with t?sir e~ppta tsa~~oes Ito the said ~~' C'tentee, his hsirz• and essl¢fs far+!uer. Atd the said grantor does hereby aouertant -~ to and with the raid G~'antte, tflst GcaRtnr is the oats in fee single of said ., t: pranines; that avid ptsalses at8 free frUn ell arttirtsz'enoae otooel't attz>rt }aa><s fetes, levies, erd a9eeas:atts, end esmept U. 5. PatB~t reneeivetiaro, rtestsiCtirns, aaseleenb Of roaoed, and aOSalEZSI~ visible upon tJtr ptaniser, erd that Crnntor will warrant art! dafo~d the seise from nll cl,eine whets:•ver. Devoe: DoosnOer ?0 , 1992. tbpcsrt L. Qtrsseeteelt oaro fMric CTUlste~i ST11TC OF' id1i10 ~ j a•: 1 CLJIJAlIY OF Adn Ch 'i'bis fyt,,day of Dnoemb[+s, In tl.• •rmr Ioy2, befexe mr, n voGiry fUblic In end for said Stets, per~ornlly apptaetEd F17t7+rt L. (]ufstenrs~n and I2ar~a Merls• QrriaUensm. known or idrnLifiRl to nr tr tr. tlr r><`t~+c rAU~ amts ate suttrllb~l ~ t0 the within InatrlltBit, and adaxvlE+dgEd to ne that '1n/ metQ~l:Ed Ue 9me3. ~y riotaryh~t:llc for idrPo y '`~ 'e' Itrildllti of rbife•, idMv ~ ~ ~ ~ ~ ~ cYfrmifalm oq~+.p+•: t~c+•~n I f Firs! Americu~~ Trtle Company of Idaho t • ,~ 149:001119'" t:> _.. ,1 w `> " BEGINNING at a point South 1298.50 feet along the Section line iron ,,~ the Northeast~COrner o! Section 2d, Township 3 North, Rsnge 1 Mest, _ ~ Holae; Nesidian,xl-de-~COUnty, Idaho, and running thence ° " Soutl+ along _the~ Section 1Sna r13d7 . d~ legit, more or. lass to the East - . ; . . - " Quar~sr ~'CatswrYOl.asid'8ection ~2d.. thenoe ~ k-M1~ .East Hest lid-section line 137.10,lNt Sn~~th 89•dl'~.Mest along tM . tMnC:e .~es•:> ¢ t; v .• r ~•?uw+' _.i`E.-s:c- _ ~ North 33.02 • Mast 117.:99 ~lNt to'thi center 'i " a canal; thence ' `•~- North 31'22' Mest 139.10 feet alc~~"ths eentarto! the canal; thence ,Y North dl•37' west 1019.00 lest 'a.o`~;tlui="centes 0! said final, • ~ ~ ' • .~ thence _ _ . North 25.06' Nest 82.05 teat alonq•the~~star-o! the canal; thence . . .y , ' North 4.28' East 86 feat, more oz less?;s'lonq the center of the canal to the Southwest corner o! Lavone~H. Dsvenport property as described in Deed recorded ss Instrument No.,F3}Ba6S.: ` records of 11da County, Idaho; thence ; North 89.06' Bast 828.02 feet; thanes •. North 200 lest; thence East 150 feet TO TN8 PLJICE OF BEGINNING. " EXCEPT ditch and road rights-of-wsy. rv .~'a; ~ - -,`. EXCEPT right-ol-way !or KENNEDY WTER7-L. • ,~: < ;~ . ;r. - ' " , aUo known as EXCEPT right-of-wsy for State Highwsy No. 69 •' Meridian Road. ."