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Cougar Creek Subdivision FP~C crz..c~ e cC. DEVELOPMENT AGREEMENT 7T THIS ,AGREEMENT, made and entered into this day of 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the to of Idaho, party of the first part, hereinafter called the "CITY", and Viiva Laxmi nevelonment, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is X26 Aimort Wav Boise, Idaho 8370,x. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" , which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 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 RR=8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 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, exclusive of garages. 3. That the property zoned R~, described in "Exhibit A", shall have lot sizes of at least six thousand five hundred (f,500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the ~ zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized 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, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or .the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 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 COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 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 part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, 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. COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no ("ertificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occu..pancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. 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 in writing that such fencing is not necessary. 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Vijya Laxmi Development, Inc City of Meridian 2526 Airport Wav 33 East Idaho Boise, ID 83705 Meridian, ID 83642 Mr Ra~Patel -- 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. 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. COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. 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. DATED the date, month and year first appearing. DEVELOPER: Vijva Laxmi Development, Inc. ~~ ~' ~~rc =f ~~ By President i"'~.l ./ ~ ~. By Secretary CITY OF MERIDIAN Grant P. Kingsford, Mayor William G. Berg, Jr., City C erk COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 STATE OF IDAHO ) County of Ada ss. On this ~ day of '~, 1994, before me, the undersigned, a Notary Public in and for said State, personally a peared IV~• ~. P~~r~~-- and R. K. Patel, known, or proved to me, to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) County of Ada ss. Notary Public fo daha Residing at: My Commission Expires: L 2- -` Y ^ 4' On this 2 day of September , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,. «~.~, f' ®~. F ) (SEAI<l~_ E ~ ~, E, .~ ; ~~ ~ , . `\ Public for Idaho Residing at: Meridian My Commission Expires: os/o2/99 COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 October 27, 1993 COUGAR CREEK SUBDIVISION EXHIBIT "A" A parcel of land lying in a portion of Government Lot 1 and a portion of the SE1/4 of the NE1/4 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Section Corner Common to Sections 5 and 6 of T.3N., R.1E., B.M., and Sections 31 and 32 of T.4N., R.1 E., B.M., said point being marked by a brass cap monument at the centerline intersection of North Locust Grove Road and East Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet (formerly described as South 0°12' East, 789.15 feet) to the Northeast corner of that parcel as described in that Warranty Deed Instrument Number 554565 of Ada County Records, said point also being on the Southerly Bank of a canal; thence South 85°38'09" West (formerly described as South 85°00' West) along the Northerly line of said Warranty Deed Parcel and the Southerly bank of said canal for a distance of 45.16 feet to the REAL POINT OF BEGINNING (INITIAL POINT); thence along the Northerly line of said Warranty Deed parcel and the Southerly bank of said canal for the following six courses: South 85°38'09" West (formerly described as South 85°00' West) for a distance of 20.10 feet to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet (formerly described as South 70°30' West, 122.93 feet) to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet (formerly described as South 49°24' West, 53.72 feet) to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet (formerly described as North 59°13' West) to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet (formerly described as South 39°35' West) to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet (formerly described as South 86°36' West, 620.87 feet). to a 5/8" iron pin; Cougar Creek Subdivision Page 1 of 2 thence North 65°44'18" West for a distance of 217.05 feet (formerly described as North 65°50' West, 217.25 feet) to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.4of Government Lot 1rofesa d Sect on 6 50' West) to a point on the West line thence South 0°22'18" West along said west line of Government Lot 1 for a distance of 374.21 feet to the Southwest corner of said Government Lot 1, said point being marked by a 5/8" iron pin: thence North 89°38'15" East along the South line of said Government Lot 1 for a distance of 5.71 feet to a 5/8" iron pin as shown on that Record of Survey Number 2583 of Ada County records, Boise, Idaho; thence South 0°22'17" West for a distance of 29.12 feet to the Southwest corner of that parcel as described in said warranty Deed Instrument Number 554565 and as same is shown on said Record of Survey Number 2583, said point marked by a 5/8" iron pin; thence North 89°38'15" East (Formerly described as North 89°27' East) along the South line of said warranty deed parcel and the North line of that parcel as shown on said Record-of-Survey No. 2583, for a distance of 1,318.29 feet to a point on the section line common to said Sections 5 and 6 and on the centerline of said North Locust Grove Road; thence North 0°24'35" East along said section line and centerline for a distance of 29.12 feet to the Southeast corner of said Government Lot 1, said point begin marked by a 5/8" iron pin; thence continuing North 0°24'35" East along said section line and centerline for a distance of 483.31 feet to the Northeast corner of said Warranty Deed Parcel; thence South 85°38'09" West for a distance of 45.16 feet to the Point of Beginning. Containing 12.16 acres, more or less. Cougar Creek Subdivision Page 2 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND VIJYA LAXMI DEVELOPMENT. INC. This subdivision is for 34 single-family dwelling units with an overall density of 2. $ dwelling units per acre. The DEVELOPER shall: 1. Tile the ditch along Locust Grove Road. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines and solve existing groundwater problems prior to development. 3. Allow a minimum of 15' along the top of bank along the South Slough to allow for a future bike/pedestrian path. Non-combustible fencing shall be installed along the South Slough. 4. Construct streets to and within the property to City of Meridian and Ada County Highway District standards. 5. Dedicate the necessary land from the centerline of Locust Grove Road to provide for public right-of--way. This width shall be adequate to accommodate future projected roadway widths which include a bicycle lane. 6. Pay any development fee or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Provide atwenty-foot (20') landscaped berm along Locust Grove Road to be maintained by the Homeowners Association. This landscaped berm shall be beyond the easement needed for public right-of--way and be served by an underground sprinkler system to ensure healthy, vigorous plantings. 9. Provide pressurized irrigation to all lots within this subdivision and submit evidence of approvals from appropriate irrigation district/canal company and downstream water users to the City. 10. Provide perimeter fencing prior to applying for home building permits on any portion of the property unless specifically waived in writing by the City. EXHIBIT "B" COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND VIJYA LAXMI DEVELOPMENT. INC. This subdivision is for ,~ single-family dwelling units with an overall density of 2_8 dwelling units per acre. The DEVELOPER shall: 1. Tile the ditch along Locust Grove Road. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines and solve existing groundwater problems prior to development. 3. Allow a .minimum of 1 S' along the top of bank along the South Slough to allow for a future bike/pedestrian path. Non-combustible fencing shall be installed along the South Slough. 4. Construct streets to and within the property to City of Meridian and Ada County Highway District standards. 5. Dedicate the necessary land from the centerline of Locust Grove Road to provide for public right-of-way. This width shall be adequate to accommodate future projected roadway widths which include a bicycle lane. 6. Pay any development fee or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Provide atwenty-foot (20') landscaped berm along Locust Grove Road to be maintained by the Homeowners Association. This landscaped berm shall be beyond the easement needed for public right-of--way and be served by an underground sprinkler system to ensure healthy, vigorous plantings. 9. Provide pressurized irrigation to all lots within this subdivision and submit evidence of approvals from appropriate irrigation disttict/canal company and downstream water users to the City. 10. Provide perimeter fencing prior to applying for home building permits on any portion of the property unless specifically waived in writing by the City. EXHIBIT "B" Pa e 1 of 2 COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT g '`~ August 25 , 1994 ATTN: Mayor Grant Kingsford City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Cougar Creek Subdivision Final Plat Development Agreement Dear Mr. Mayor: Cougar Creek Subdivision is a 341ot single family development located on Locust Grove about a quarter mile south of Ustick. The annexation for this property was completed in 1993 and required a development agreement addressing specific requirements. On July 5, 1994 Hubble Engineering submitted a rough draft of a development agreement. Approximately 3 1/2 weeks later on August 2, 1994 a development agreement was approved by council subject to details being worked between staff and the developer. However, we never received the agreement back from the city for review and signature until August 10, 1994. We then returned the signed agreement on August 16, 1994. To date, we still do not have a completed agreement and as you know the city engineer will not sign the plat until the agreement has been signed by the city. This pushes our recording date into late September or October. This in turn will not allow building permits until fall when all this should have been resolved in July. We are aware that another subdivision was allowed to proceed with plat signature, plat processing and building permits without a signed agreement and we are getting delay after delay. Your attention to this matter would be greatly appreciated as this is seriously impacting our ability to complete our subdivision which you approved in 1993. Sincerely, Ray Patel Secretary Vijya Laxmi, Inc. cc: Hubble Engineerin, Inc. \2100.1tr ~''' ~N~ ' NUBBLE E GINEERING, INC. • ( 9550 W. Bethel Court • Boise, Idaho 83709 <_ ~" TRANSMITTAL cL LETTEdRI' ,, :, Attn: DATE (208) 322-8992 • Fax (208) 378.0329 WE ARE SENDING YOU: _ As Requested ~ Attached _ Under Separate Cover. Via FOR YOUR: _ Use ~' Reoord _ Bidding _, Cost Estimating Information _ Review and Comment _ THE FOLL0IMNG: Prints _ Plans les _ ~ f Letter _ Specfications _ Shop Drawings ,~ Copies Date Sheet No. ~ Description REMARKS: ~ Q Clay 0 ~, ~,~,~. a ~~/~,~. ~ I~~G~e, 11 .. pp ,,~` nn //.. ~~~~~ ~L~~~~L.C.~JI.~ ¢ Ci+'~- Copy To: _, With Encl. _ With End. With End. By: ~„C~,/,~%b(/a' . ~~~~~~~ Signed: I TOTAL MILES: TOTAL TIME• 'TIME DELIVERED: ~ RECEIVED BY: d ~~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JACK C. AND JACQUELINE A. RIDDLEMOSER ANNEXATION AND ZONING NORTHEAST 1/4 SECTION 6, T. 3N., R. lE., BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing but Jim Murkle appearing on behalf of Applicant, and having duly considered the matter, the Planning and Zoning~Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for fifteen days - prior to the said public hearing scheduled for June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 reference is incorporated herein; that the property is approximately 12.05 acres in size; it is located near the Southwest corner of Ustick and Locust Grove Road Intersection. 3. That the property is presently zoned by the county as R- T Rural Transition and the requested Zone is R-8, Residential. 4. The general area surrounding the property is used agriculturally, and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for a single family R-8 subdivision, the houses would meet the square footage requirements of the Ordinance which is 1,301 square feet. 10. There was no testimony in objection to the Application. 11. That the property is located in the NORTH CURVE NEIGHBORHOOD Area; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 Planning Area may be developed at greater densities than one dwelling unit per acre. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be serviced with City water and sewer but the City Engineer commented, "It is not shown how this subdivision will connect to existing City water and sewer systems which are not adjacent to this property." 15. That the School District, City Fire Department, City Planning Director, and Idaho Power submitted comments and such are incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and~such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building addi-i:ional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;" 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 6. To link residential neighborhoods, park areas and recreation facilities. 23. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughput the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle- Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 24. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 2, and such is incorporated herein as if set forth in full; that the Applicant submitted a preliminary plat; that the City Engineer made specific comments regarding the plat; that other property has been annexed and zoned R-8 but only single family dwellings were allowed and no duplexes or townhouses or condominiums; that the lots proposed are large by narrow in relation to their depth. 25. That proper ,notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 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, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved and the subdivision, when developed would contribute children to the School District, a greenbelt along the South Slough and co-ordination was needed with the Pathway Plan; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 10. That proper and adequate access to the property is available and will have to be maintained. 11. That the Applicant's property is located in the NORTH CURVE NEIGHBORHOOD Area as designated in the Meridian Comprehensive Plan; that it is concluded that the property is in compliance with the Meridian Comprehensive Plan and does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested but development shall be limited to single family dwellings with no duplexes, townhouses or condominiums and the house size ordinance shall be met which requires 1,301 square feet; that the development of the property shall meet the representations of the Applicant and his agents and included in the Application, that the conditions shall also include those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if' the conditions are not met and strictly adhered to. 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That the requirements of the Fire Department, School FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 District, Idaho Power, and the Meridian Planning Director shall be met. 15. With compliance of the conditions contained herein, the annexation and zoning of R-8, Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and to the all ditches, canals and waterways as required in these Findings of Fact and Conclusions of Law as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 ~*~ , /'\ ~~'~' ~ RUBBLE EIvGiNEERING, INC. • j 9550 W. Bethel Court • Botse, Idaho 83709 1<_ h ~rn w uCUlTTS1 LETTER To: - - U ib ~~l.~U:.itiv~ Attn: ,~ (208) 322-8992 • Fax (208) 378.0329 DATE .D ~p, ~~ lQ~ 4 Job No.: ~ p,~ ~ /~ ~ ' " f~ Project C~ "'0"" ` l:.llXlc..~t, ~~ WE ARE SENDING YOU: ~0 As Requested _ Attached _ Under Separate Cover, Via FOR YOUR: _ Use ~0 Reoord Information _ Review and Comment _ BiddMg _ Cost Estimating _ THE FOLLOWING: Prints _ Plans - Specifications _ Shop Drawings les _ Copy of Letter ~{} 1 A 0 n,l Copies Date Sheet No. ~ Description REMARKS: ~~1 ~"`~"'"' ~ ` ~~~ Q.D~~~~`"_ _ ~' -U _ Copy To: _. _ With Encl. With Encl. With Encl. By: ~~~i /rp ~~,. F~:(/~',(M/~ ~""" ~ Signed: TOTAL MILE8: ~ TOTAL TIME: ~ TIME DELIVERED: ~ RECEIVED BY: _~ .~ LICENSE AGREEMENT ~----- LICENSE AGREEMENT, made and entered into thisA~ day of 1994, by and between NAMPA & MERIDI IRRIGATION DISTRI , an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and KEVIN HOWELL CONSTRUCTION, -i3~~., an Idaho corporation and VIJYA LAXMI, an Idaho corporation, party or parties of the second part, hereinafter referred to as the "Licensee", W I T N E S S E T H: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as FINCH LATERAL and ONWEILER LATERAL (hereinafter sometimes referred to as "ditch or canal") together with the easement therefor, including the easement to convey irrigation water in such ditch or canal and the easement to operate, maintain and repair such ditch or canal, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of the irrigation works and system of the District and which ditch or canal and the said easements therefor cross and intersect said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's right of way along said ditch or canal in its course across the lands of-the Licensee in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to alter, modify or change the location of said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. LICENSE AGREEMENT - Page 1 Any alteration, modification or change in location of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. Any facilities ("facilities" as used in this agreement means any kind of object or thing of any nature placed in or on the District's easement by Licensee) constructed by the Licensee in altering, modifying or changing the location of said ditch or canal or placed as encroachments on the District's easement along said ditch or canal shall be constructed, maintained and kept in repair at all times by the Licensee and at the cost and expense of the Licensee. 3. The Licensee agrees to construct and maintain any facilities constructed by the Licensee in said ditch and canal or on the District's easement along said ditch or canal pursuant ,to this agreement in a safe condition to the end that the ditch or canal and such facilities shall not constitute a hazard to any person or persons, and to indemnify, hold harmless and defend the District from all claims for damages arising out of any hazard or negligence in the construction, operation, maintenance and repair of said facilities, the failure of the Licensee to keep such facilities in safe condition, or the creation of an unsafe condition as the result of the Licensee's altering, modifying or changing the location of said ditch or canal or the Licensee's installation of facilities upon the District's easement along said ditch or canal. 4. The alteration, modification or change in location of said ditch or canal or installation of facilities in the District's easement along said ditch or canal shall be accomplished by the Licensee at such times and in such seasons and in such manner as not to interrupt or interfere with the flow of irrigation water in said ditch or canal or with the delivery of irrigation water by the District to any of its landowners. 5. The Licensee agrees to indemnify, hold harmless and defend the District from all claims of any of its landowners for damages from the impairment of the flow of irrigation water in said ditch or canal which may be caused by said alteration, modification or change in location of said ditch or canal, or any use or condition of any such facilities constructed by the Licensee at any time, or from the impairment of the flow of irrigation water therein from the failure of the Licensee to maintain and keep in repair such facilities for the full flow of irrigation water through said ditch or canal. 6. The District reserves the right, at its option, to remove any impediment to the flow of water through said ditch or canal and any facilities installed therein by the Licensee, to correct any lateral relocation work by Licensee which is unsatisfactory to the District, and to remove any hazards to person or property which may LICENSE AGREEMENT - Page 2 ~ i"\ arise by reason of the alteration, modification or change in location made by the Licensee or by reason of installation of facilities on the District's right of way at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing work referred to in this paragraph except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. 7. The Licensee agrees that the work performed and the materials used in altering, modifying or changing the location of said ditch or canal or in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 8. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plants, structures or any other improvements of any kind or nature whatsoever which the Licensee shall place, raise, construct or install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 9. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 10. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 ~, 11. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and any altered, modified or changed location of said ditch or canal and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 12. In the event of the failure, refusal or neglect of the Licensee to comply with all of the tenas and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and all structures in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 13. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 14. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 15. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereunto caused its corporate name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its Board of Directors, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT LICENSE AGREEMENT - Page 4 ~ ~ Its President ATTEST: Its Secretary KEVIN HOWELL CONSTRUCTION, INNC~ an Idaho corporation ~ l , ATTEST: VIJYA LAXMI, an Idaho corporation se ~ ATTEST: LICENSE AGREEMENT - Paqe 5 /`~ STATE OF IDAHO ss: ) County of Canyon ~,~~ !L On this day of , 1994, before me, the ,~ - No ary Public in and f r a undersigned, said State, personally `~ p appeared ~C. ~lY. ~ ~-and ~/~D~' ~ - ~( known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, official seal, ~~e day written. ++•~~• "+''~ ~~,~ ~o~AR~ '~ +~~+ •~ z p G STATE OFi~jl~l~' I~~..N$~L„~~.'~'~` 4r ~' 1?' ~ County of y~M ~~~.s•~ I have hereunto set my hand and affixed my and year in this c/ertificate first above Notary Public for Idaho Residing at Nampa, Idaho My Commission Expires: On this il--N~ day of , 1994, before me, the undersigned a; No ary Public n and or said State, personally appeared and - known to me to be the and respectively, of KEVIN HOWELL CONSTRUCTION, ~~., the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Oho@6 ®i6 5 (E f166'~G~,~` ~e~, ~Q,~ ~~,®®®~®~ oU~ f~®e®® O p O ~ 1 O ®O® B ~ 7Q 0 iZ ~ • S ~ ~ °.o ®e '~UBL ~0 d O~ Yo®60®00ry t~~~•J~O~ •~, ~ ~~00 ~0® 4 o Y~6v Notary Publi f$r Id o Residing at ~~q Q~ ~~~Q~Q~ " ~ q My Commission Expires: ~"~'9 LICENSE AGREEMENT - Page 6 STATE OF IDAHO County of ss: On this ~~, day of ~ , 1994, before me, the undersigned, a Not Public n and r said State, perso~lo~ appeared , and to me to be the and respectively, of VIJYA LAXMI, the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, .the day and year in this certificate first above written. ~.yyeesysRSr,~ ~~~sf,s~ ~ ~~ am~,~~~ ~~ C~ R;. ~,., o ~ tti nA^c®oo®® r Ta :. `4'`LL L, fq &~`ff yc 4 ~ ~Q's Pi ` p, ~^ a~ o m ® a G „ ~ °> p4 ~~~Q36 _ Cs~ .~,_~ .ti DA A' "000¢3®~W ~.+`,y.'. ®eP48 8~E IQt9y 9~'Nv~ V Notary Publi for I a o Residing at a'~''~l ~~~ My Commission Expires: LICENSE AGREEMENT - Page 7 ~~i'l(CJ ("~ ~I RUBBLE ENGINEERING, INC. /'~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 October 15, 1993 HOWELL TRACT SUBDIVISION A parcel of land lying in a portion of Government Lot 1 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Section Corner Common to Sections 5 and 6 of T.3N., R.1 E., B.M., and Sections 31 and 32 of T.4N., R.1 E., B.M., said point being marked by a brass cap monument at the centerline intersection of North Locust Grove Road and East Ustick Road, said point also being the REAL POINT OF BEGINNING (INITIAL POINT); thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet (formerly described as South 0°12' East, 789.15 feet) to the Northeast corner of that parcel as described in that Warranty Deed Instrument Number 554565 of Ada County Records, said point also being on the Southerly Bank of a canal; __-- thence along the Northerly line of said Warranty Deed parcel and the Southerly bank of said canal for the following seven courses: South 85°38'09" West for a distance of 65.26 feet (formerly described as South 85°00' West, 65.30 feet) to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet (formerly described as South 70°30' West, 122.93 feet) to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet (formerly described as South 49°24' West, 53.72 feet) to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet (formerly described as North 59°13' West) to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet (formerly described as South 39°35' West) to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet (formerly described as South 86°36' West, 620.87 feet) to a 5/8" iron pin; Howell Tract Page 1 of 2 ~ ~ d •, ~J xi~~ ~~ thence North 65°44'18" West for a distance of 217.05 feet (formerly described as North 65°50' West, 217.25 feet) to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet (formerly described as South 75°50' West) to a point on the West line of Government Lot 1 of said Section 6; thence ~ North 0°221 T' East along the West line of said Government Lot 1 for a distance of 912.13 feet to the Northwest corner of said Government Lot 1, said point also being on the centerline of East Ustick Road; thence South 89°46'40" East along the North line of said Government Lot 1 and the centerline of East Ustick Road for a distance of 1,324.76 feet to the Real Point of Beginning, containing 27.62 acres, more or less. SUBJECT TO road and ditch rights-of-way. Prepared by: NUBBLE ENGINEERING, INC. JRW/dkg/352.des Project No. 92122 Howell Tract Page 2 of 2 • ~ f ~~ URV ~1C ~/1 I h I't, J7 n RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 • Fax 208/378-032° September 16, 1993 COUGAR CREEK SUBDIVISION A parcel of land lying in Government Lot 1, and the SE1/4 of the NE1/4 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner Common to Sections 5 and 6 of T.3N., R.1 E., B.M., and Sections 31 and 32 of T.4N., R.1 E., B.M., said point being marked by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in that Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel for the following eight courses: South 85°38'09" West for a distance of 45.16 feet to the REAL POINT OF BEGINNING; thence South 85°38'09" West for a distance of 20.10 feet to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; Page 1 of 2 .'. ~~ Y t ~,K~ ~ •~ ~ J thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet; thence South 0°30'08" East for a distance of 374.18 feet to a point on the South line of said Government Lot 1; - thence South 0°22'17" West for a distance of 29.12 feet; thence North 89°38'15" East for a distance of 1318.29 feet to a 60d nail on the section line common to said Sections 5 and 6; thence North 0°24'35" East along said section line for a distance of 29.12 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet to the Northeast corner of said Warranty Deed parcel; thence South 85°38'09" West along said Warranty Deed line for a distance of 45.16 feet to the Real Point of Beginning. Containing 12.14 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. ~e,ZERED lq~ Q~ _~~VE ~~ ~o ~,rZD ~Qa~ R. ~~~ a`~ JRW/TRW/bh/680.des Project No. 93064 Page 2 of 2 1 ust'-cK ~fJ ~D _ ~= iN,A It .~. ,~,•,r, • ~~,~ . ~ ~ ~~ ~~/ ~® Trz,o._-~ s ~~ 0 w~'ER:.=,:AN P~e+.CE SLi9 ~+O II s ~ r • s • 2 ~ cwrtw owly~ } '-S J i li is 1 ~ 1~ ~~ t~ow~~~ T ~r~T ~I,IBt~~Y~StOh~ '-~ 4oue~~ ~bK • ~ _ ~ - ~lBDivis~~ - 0 ~ • ~ _ _. ~ .~ ~ ~ • ° .. _- -L! - m -~ -~``, , 1 I' - --; ~ _, dOil ~ I~ I~ 1~ • ~ `' 1 ~ ~ ~~ ~ J ~ ,. ii ct••c• s*•c ~/ = 1 I / i • • • • s 0• ' •3 ' • ' •_.:i sTwccr • • • • ' !; ?• :~.~~ • tea.'- • • ~ ~ ••. r. w ~1~ '.,. ~. • • • -t ' ~ • -~ ~ ~ ~ '~~' I ~ K 1 ~~ ~ ~ • •,~ ~ • ., EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to relocate Finch Lateral and Onweiler Lateral approximately 1,300 feet to the west of their present location, each lateral remaining an open ditch, all generally on the west side of Locust Grove Road approximately one-quarter mile south of Ustick Road, Ada County, Idaho. EXHIBIT D Special Conditions 1. Construction shall be in accordance with certain drawings prepared by Hubble Engineering, Inc., each sheet designated as "Howell Tract/Cougar Creek Subdivisions" with red date stamp of December 22, 1993 and being further identified as Sheet No. 1 "Channel Realignment", Sheet No. 2 "Channel Realignment", Sheet No. 3 "Diversion Structure Detail", and Sheet No. 4 "Channel Sections." These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated herein by this reference. 2. Licensee shall place no structures of any kind above ground on the District's easement area except as referred to in this agreement or exhibits or plans thereto without the prior written consent of the District. The District's easement along this section of Finch Lateral is 80 feet, 40 feet on either side of centerline, and along this section of Onweiler Lateral is 50 feet, 15 feet to the left looking downstream, 35 feet to the right. These easement dimensions shall remain the same after relocation except that for the 1,300 feet in which Finch and Onweiler Laterals are joined within a single channel the easement shall be 80 feet, 40 feet on either side of centerline. 3. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. If the District's engineers perfona such inspection, Licensee shall pay the District's engineers any reasonable charged in connection therewith. 4. Licensee shall convey to the District an easement for those sections of Finch Lateral and Onweiler Lateral relocated by Licensee under the terms of this agreement. Licensee represents to the District that it is unable to provide a proper legal description of the relocated sections until relocation construction has been completed and Licensee desires that this agreement be executed at the present time. Licensee hereby agrees that Licensee will provide to the District a proper and satisfactory legal description of the LICENSE AGREEMENT - Page 8 ~ ~ . y ~ r ~ relocated sections of Finch Lateral and Onweiler Lateral not later than March 15, 1994 and thereafter convey the relocated easements to the District. 7. Lo 0 and Onweiler Laterals may erect fences which encroach on the District's 80 foot easement. On the south side of the combined laterals, no fence shall be placed nearer than 15 feet from the nearer bank of the combined laterals. On the north side of the combined laterals, no fence shall be placed nea_er than 18 feet to the nearer bank of the combined laterals. 5. The District shall relinquish its easements along Finch Lateral and Onweiler Lateral where those easements have been replaced by relocation of said laterals within a reasonable time after execution and delivery by Licensee to the District of the easements from Licensee to the District referred to in the preceding section above. 6. Construction shall be completed not later than March 15, 1994. t wners on both sides of the combined section of Finch Licensee shall be responsible for construction and maintenance of the fences in safe conditions to the end that they shall not constitute a hazard to any person and to indemnify, hold harmless and defend the District from any and all claims of whatever nature arising out of or related to said fences or their construction, maintenance or installation. Licensee further agrees to indemnify, hold harmless and defend the District for damages to any fence claimed by a lot owner or any other person caused by the District in reasonable exercise of its maintenance rights, including any damages or expenses in connection with removal of such fence. The District agrees to attempt to give reasonable notice, circumstances permitting, to the party occupying the premises on which the fence is placed so that such party may remove the fence if its removal is required for the District's maintenance purposes. The District shall not be responsible for damages to any fence which are the result of the District's weed-burning activities regardless of whether the weed- burning is deemed reasonable maintenance or not and the District shall not be liable for damages in connection with weed-burning except where the District intentionally burns a fence or is guilty of gross negligence in burning a fence. LICENSE AGREEMENT - Page 9 CITY OF ME Ir~N LETS icR OF TRANSMITTAL 33 E. Idaho Ave. • Meridian, Idaho 83642 ~ (208) 888-4433 ~ • FAX (SOS) 887-4813 //_ TO: ~ rd (.G 55~ e lit % 0/S~ TG{A . G' DATE: g Z R J08 NAME/: ~ ~ r~~ ~ J~.,~ ~0 ~t GVI. ~i1,L,~ii~t, e1~'v~• ~' Phone: Attention: ~~ ~{~ /~ ~ ~ /f t v~ ~"~~•C / L Enclosures include the following: ^ Copy of Letter ^ Submittal Data ^ Specifications -Via: ^ DHL ^ Fax ^ Samples ^ Change Order ^ Prints ^ Fed-X ~,`Fand-Be~ivered ^ Attached ^ Under Separate Cover ~(, Other ^ UPS J/~lu,~,i( j,(~ . ^ Shop Drawings ^ Plans ^ Regular Mail ~ Copies Date or No. Description THESE ARE TRANSMITTED AS CHECKED BELOW: ^ For Acr~yptance ^ Furnish as Submitted ^ For Yc ur Use ^ Furnish as Noted ^ As Requested ~ Returned for Corrections ^ For Review and Comment ^ Rejected -See Remarks ^ Resubmit Copies for Acceptance ^ Prints Returned After ^ Submit Copies for Distritution Loan To Us ^ Return Corrected Prints ^ FOR BIDS DUE ^ Return Prints After Use REMARKS: ' i / • -- ~. _ ~. ~ ~~ `JtF.,K,~ a • 3 , ,z' d /t,~cc~ d a U~vuc~. C.C. , • ` Signature s/z3 q4: C-au ~'iy--- ~- l ff~;r,, rte,.. t~r0, z ~ ~ o .,~ Sf r`~l cc: Copies for File ^ Owner ^ Mail If enclosures are not as noted kindly notify us immediately. ~ ~ r1UB OF TREASURE VALLEY A Good Place to Live COUNCILMEN OFFICIALS PCityClerk R CITY OF MERIDIAI~T RROBERTGESLERA Treasure ANICEGASS ~/ MAX YERRINGTON BRUCE D. STUART, water works supt. 33 EAST IDAHO ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, waste water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning a Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief FAX (208) 887-4813 Centennial Coordinator GARY SMITH, P.E., City Engineer PATSY FEDRIZZI GRANT P. KINGSFORD Mayor MEMORANDUM TO: Mayor, Council, Planni Commission FROM: Wayne S. Forrey, AIC DATE: June 3, 1993 RE: Cougar Creek Subdivision - Annex. to R-8 with a Preliminary Plat This 35 lot subdivision is within the USPA boundary. This project does not comp y with thie--following goals and policies of the current Comprehensive 'Plan. Goal / Poli_~ Noted Lack of Go~pliance Goal 6 Lack of adequate recreation 'facilities for neighborhood. Land sef aside for..future park use may be desirable. Linear Open Space Goal- No provision for greenbelt along Sou h slough. Applicant needs to coordinate development plans with Pathway Plan. Based on these conflicts with the Comprehensive Plan, this proposal could be denied or tabled to allow the applicant sufficient time to reconsider 'development features and work with City officials to update the Comprehensive Plan and achieve ng and community goals. n /'\ rIUB OF TREASURE VALLEY A GOOd P1aCe YO L1Ve COUNCILMEN OFFICIALS PCityClerk R CITY OF MERIDIAN RONALDR.TOLSMA ROBERT GIESLER Teasure JANICEGASS MAX YERRINGTON BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, waste water supt. IDAHO 83642 MERIDIAN Chairman Zoning & Planning KENNY BOWERS, Flre Chief , Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief FAX (208) 887-4813 Centennial Coordinator GARY SMITH, P.E., City Engineer PATSY FEDRIZZI GRANT P. KINGSFORD Mayor Memorandum Date. 28 Oct. 1993 To: Mayor, Council Members, Planning and Zoning Commissioners. From: Wayne S. Forrey, AICP -Planning Director ~, ~. Regarding: Cougar Creek Subdivision -Final Plat This Final Plat generally complies with the original concept of the Preliminary Plat but it does not comply with the current Meridian Comprehensive Plan as notezl during the P&Z and City Council hearings an the Preliminary Plat. See attached Memo dated June 3, 1993 from Wayne S. Forrey. The Findings of Fact and Conclusions' of Law require that a development agreement be negotiated to address: the Comprehensive Plan carnpliance issues. This has not been done! I recommend that this final plat be tabled to allow the developer more time to participate in the development agreement negotiations and submit a draft document to the City for review. .~ .-~ CENTRAL •• DISTRICT HEALTH Retum to: DEMRTMENT ~~ "~~~ ^ BOISe ~ ~ T 1 ~ ~~~~ ^ Eagle REVIEW SHEET ^GardenCity ~, ' ~ ®-Meridian Rezone # ^ Kuna Conditional - ~~ - Prelimina final hort Plat ~~~~ Cr~~ S~~DI r~/J/~~ ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava Layers: ^ 2 feet ^ 4 feet ~,. 9. ^ 10. ^ 11. ^ 12. ^ 13: 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 The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ["~ Central water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ ^ Beverage establishment ^ Swimming pools or spas ^ Child Care Center Grocery store DATE: ~0~~~3 ~~ Reviewed by: ~~ ~l' CDHD 10-91 rcb /'~ /'1 Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702-6064 (208) 345-5274 Fax (208) 345-5279 APA Serving Governments in Ada County Since 1977 MEMORANDUM Q ~ j 2 ~ ~~~~ C~'I`~' ~~~ ~t~ja~e~ TO: Will Berg, City of Meridian FROM: Ross Dodge, Project Analyst ~~ DATE: October 22, 1993 RE: Cougar Creek Subdivision As a representative of the Ridge-to-Rivers Pathway Plan, I would like to comment on how this proposed development relates to the goals and intent of the Pathway Plan. Locust Grove has a bike lane designation on the vision map of the Pathway Plan. To ensure conformance with the plan, adequate right-of-way should be provided. Thank you for the opportunity to comment. If you have any questions, please call. RD:LSWD REVIEW.MMO pC: File 540.09/City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Employer Printed nn Recycled Paper .. Q~~ EXCEL! c~ ~y~ j~~\ ~~`'~ "' Q ~~ n ~~~~ L7 ~~ O C T 1 3 ip~3 CyT4' ~" ~ER~i~~a~,~~ :~~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208) 888-6701 October 7, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Cougar Creek Subdivision Dear Councilmen: I have reviewed the application for Cougar Creek Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. 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F .n u I- 11 m n car ~ t.n r- r iu °.p" r o a ~= m r~e1 fYJ -~ r' i i Y n J m tTl :1 m IYJ fD ~a i Vl }~ ,c m r o - n n. rv n P C 1 i 1 - II I + + ~ ~ ~ II N T 4i N 43 L.l ~. S CJ t . ] n. iv .] ._ [D J .~~ ~S • CIS to UI ^_ CIS }I - z II (J n I ~~CIFi J t n ff F F ~ JI 1 .e_ w w j ~. ii w o u, ~ 0 <_ it I u a -~ ¢• o• .- c r.]. s ~n -a iz o-~ _ '1 ~ lwn U v V Ir w u. -n II ~~ c. } I I --1 to ~' RI GS is r3 .r, -1 U} 3 ftl ~ _ _., c r - rtl. . r ~ ..l < I ,J ,` j l _ a} : i til r , n. m -~ ~ w g i N G} 3 RI J G] .x rT -1 [SS 3' T .LEI x.~ 4 - _ `] s c,.. .. z: .. _ n ~. t;~ r.. m r_n run ~ - N -. I. r' m it ._ ... r * z [ ~ ._ ._ o ._ u ~ r .., .., n} ~.. ~- i. _ ~.J - ~ r r. .p = ~ ~n _ ~A~ a .. c ~ UI ... - _ _ .I: _ .c • . ._.. N J.. _. . ~ .._. m ~n . -.,, in o ._ c _. ._ ...• ,... u na ., rI} t:l } f cn ~•. a> .< n. m m ._ _ ._ .•~ ... .- K •., to -_ -} i ~ HUB OF TREASURE VALLEY ~ R~CE~~T~~J OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE 0. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Oli I COUNCILMEN ~ '7 f~?7~ I A _ RONALD R. TOLSMA ~ ('~ ty TY ;lii< 7"' s'. r,(~ yi~iJ fa 08ERTGIESLER 1Z~1L . MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Plannins JIM JOHNSON Cantenniai Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comment^ and reco mendations will be considered by the Meridian , may we have your answer by: _D~ lt.. 2Q", lQ4'~ _ TRANSMITTAL DATE : _~~~7~ 5.~..~QQ~ NEARING ..DATE : d~Jl ~~ ~Q~ REQ BY: LOC JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/I TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER `° MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND fINAI PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR.:DISTRICT SETTLERS IRRIGATION'DISTRICT IDAHO POWER CO"":-(PRELIM AND FINAL PLATS) U.S: WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS} BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES /~j ~/ OTHER: ~v ' YOUR CONCISE RE ARKS: ~y f ~ ~%,~ ~ w % G ~- ~ L_ ~ .e ,s ~ j r• ~-S ~t . T , s ~. ~ Ott ~J~~ .~~ ¢ o ~e~ S Tom.,-~ ~~a~ ~-t ~ Nei, ~~ DATE: ~/~~ ~~ /y~3 MERIDIAN CITY COUNC~ AGENDA ITEM NUMBER ' APPLICANT: 'i'' REQUEST :. ~ na M ~~Q ~" AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - ~~~ C'~''`' MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~~ MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - ~~ NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - ~ C COMMENTS: l' f ~ 1 ~~ `/~ OTHER COMMENTS: n MERIDIAN CITY COUNCIL NOVEMBER 3. 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bob Corrie, Bob Giesler, Max Yerrington: Others Present: Wayne Crookston, Will Berg, Wayne Forrey, Elizabeth A. Gwin, Butch Suor, Marty Goldsmith, Ken Henderson, John Baker, Brian Smith, Melinda Harper, Mary Johnson, Heather Orr, Carmen J. Mayes, Sheri Baker, Gary Lasher, Dan Woodall, Bob Howe, Allison McCathchen, Thomas Challey, Waldo Con, Jack Ridlemoser, Jim Mercle, Rod Trumbul, Steven Gregory: MINUTES OF PREVIOUS MEETING HELD OCTOBER 19, 1993: The motion was made by Bob Giesler and second by Max Yerrington to approve the minutes of the October 19, 1993. MOTION CARRIED: All Yea ITEM Vii: FINAL PL~i1Z': RE~~ FAR AP~flV7~iL FUR FINAL PLAT FOR COUGAR CREEK SUBDIVISION BY RAY PATEL AlytD NUHHLE ENGINEERING: Kingsford: Are there any questions? Corrie: Mr. Mayor, the Planning Directors letter to the Council and the Mayor stated that Findings of Fact and Conclusions of Law required the development be negotiated to address the Comprehensive Plan compliance issues. Has that been done yet? Mercle: Mr. Mayor, members of the Council, I'm Jim Mercle of Hubble Engineering representing the applicant here. That particular, I talked to Wayne Forrey about that yesterday and I talked to the developer today and we're in the process of making a rough draft to address the items in the Conclusions of Law for the Preliminary Plat and we'll address the issues you're speaking of particularly the transfer and development of the south slough issues. We are in the process of doing that, I would recommend this agreement be signed and recorded prior to the signature on the Final Plat by the City Engineer. Kingsford: Anything to add to that Mr. Forrey? Any other questions from the Council? Corrie: That's all I have Mr. Mayor, Mr. Mayor, excuse me there is one other thing, perhaps Wayne could, on this memo to Will from Cross Dodge, in reference to Cougar Creek Subdivision on the Locust Grove bike designation what significance of the Final Plat, should that be included, it's new to me that's why I'm questioning it? r /1 Meridian City Council November 3, 1993 Page 2 Forrey: Yes, Mr. Mayor, Councilman Corrie, in the Comprehensive Plan this section of Locust Grove Road is designated as a bike lane, and so Mr. Dodge is indicating that this Plat has to comply and that would be one of the items in the development agreement we've talked to Hubble about so that will be covered. Corrie: Okay, thank you. Kingsford: Any other questions? Is there a motion? Tolsma: Mr. Mayor I would move we approve the Final Plat for Cougar Creek Subdivision subject to the City Engineers comments being met and the Planning Directors comments of compliance of the Meridian Comprehensive Plan. Yerrington: Second Kingsford: b~ Win, second ~ .~uc t13at we a~rova. the Final Plat of Cougar Creek Subdivision in c~dit~t~n upon tbte City Engineers comments being alit aid those co~aghatnce its with the Comprehensive Ply •b~i~q satisfied with' our Plaxu3ng Director, al l those in favor? Opposed? MfJT~ON Cr,RRIED: rill Yes ITEM #2: FINAL PLAT: REQUEST FOR APPROVAL FOR FINAL PLAT FOR CROSSROADS SUBDIVISION #1 BY CAPITAL DEVELOPMENT, INC.: Kingsford: Any questions Council might have for staff on that? Mr. Forrey, for my information what is the status of the discussion with Mr. Mabe and the applicant with regards to school int hat particular quadrant? Forrey: Mr. Mayor and the Council, the identified a site that is just outside of the but within the Meridian School District. Crossroads would be going to that school, so the District is satisfied that the impact < District. Does that help? School District has Meridian Impact area, These children from I think at this point ;an be handled in the Corrie: Mr. Mayor I have another question for Wayne, they sent an Irrigation District letter about the drainage from the EPA requirements from the residential/commercial developments into their ditches. Is that something that, this is new too we're finding some new things here, does this have any effect on as far as this Final Plat is concerned? HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAN A R JANICE GASS, Treasurer ROBERTGI SLER BRUCE D. STUART, Water Works Supt. MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO ROBERT D. CORRIE JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 Chairman Zoning 8 Planning KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM October 28, 1993 TO: MAYOR & CITY COUNCIL FROM: Gary D. Smith, PE RE: COUGAR CREEK SUBDIVISION (Final Plat) I have reviewed this submittal and have the following comments for your information and or consideration as conditions of the applicant during the hearing process: 1. This plat conforms'to the lot arrangement and street alignment approved as a preliminary pint. 2. Submit street name approval letter form the Ada County Street Name Committee. 3. Show provisions for a temporary turn-a-round at the end of Cougar Creek Drive. 4. Show the width of Cougar Creek Dr. at 50 feet`. 5. Show East prefix for Cougar Creek Drive ~xnd Ustick Road and North prefix for Locust Grave Road. 6. The sum of individual lot dimensions along the south boundary does not equal the overall length snown: 7. In the Certificate of Owners statement: - 4th Line: Change west prefix to east for Ustick Road. - 7th Line: The South Slough is referred to as Finch Lateral on the plat. Shouldn't these be the same? -16th Line: Revise 1318.29 feet to equal the sum of the individual lot dimensions and replace the 60d nail reference with a 5/8 inch steel pin. In the water service statement clarify the "existing" city water main. 8. The owner needs to sign the plat with the acknowledgement. 9. Should the County Engineer Certificate be revised to say County Surveyor? /'~ ~ ~~C~~~ ~ o v - 2 ~~~3 C~ i'Y ~~° A~t~~t~t~ & ~ . , ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 1 November 19 9 3 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Vijya Laxmi Development, Inc. Boise 345-2431 8589 Brookview Boise, ID 83709 RE: Urban Irrigation - Land Use Change Application - Proposed Cougar Creek Subdivision Dear Vijya Laxmi Development: Enclosed you will find a copy of a letter dated 19 October 1993 addressed to your representative engineering firm, Hubble Engineering, Inc., and a letter dated 9 June 1993 addressed to Meridian Planning & Zoning Commission discussing preliminary plat for Cougar Creek Subdivision. It has come to my attention that Cougar Creek Subdivision has yet to file the necessary Land Use Change Application with the corresponding fees and plats as was outlined in the letter of 19 October 1993 and the District would appreciate it if you would discuss this subject with your engineering firm and complete the necessary application as soon as possible so that unnecessary delays are avoided. It has also come to my attention that there is an indication that the Cougar Creek Subdivision will have an urban irrigation system installed during the development process. Various vendors have contacted the Irrigation District requesting specifications in response to what appears to be a request for proposals or bid from you, the developer. Page 1 of 2 C~~p~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ,~ 1 November 1993 Vijya Laxmi Development, Inc. Page 2 of 2 If you, as the developer, desires to install an urban pressure irrigation system and have the Irrigation District assume operation and maintenance of the system, then the pressure urban system must be installed according to District specifications and inspected by District personnel during the installation process and at the conclusion of the installation, please refer to the developer packet information that was provided to your representative engineering firm for more details. If you, as developer, choose not to underwrite the financing and, therefore,. the installation of the pressure urban irrigation system, then the Irrigation District can complete that process for you utilizing the Local Improvement District. If this is the option you select, then .the Irrigation District will arrange for the financing, solicit the bids for installation and respond to inquiries during the bid process. As I stated earlier in the letter, it is imperative that a Land Use Change Application is filed with the Irrigation District promptly and I would encourage you to contact me at the District's office for follow-up discussion concerning the subject of pressure urban irrigation systems as it relates to Nampa & Meridian Irrigation District. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Hubble Engineering - James C. Merkle Meridian City - Planning & Zoning enc. OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEilIOIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA CfliINTY HIGHWAX DISTRICT ADA PLANNING ASSOCIATION _~ENTRAL DISTRICT HEALTH NAMPA MERIDIAN IR1t:.DISTRICT SETTLERS IRRIGATION'DISTRICT IDAHO POWER-CO(PRELIM AND FINAL PLATS) tI S: WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PL CITY FILES OTHER: YOUR CONCISE REMARKS: TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comment and reco mendations will be considered by the Meridian ___ i~_ ~l.tA~ , may we have your answer by ~ ~'{',~~1L~~~Q.~~.__ TRANSMITTAL DATE ~ ~~~ ~~~3 t=lE{~RING DATE =,~~~J'~'~+~~~ ~Q~ ~, JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SNEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C eu8 CORRiE, L/C 808 GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~~C COUNCILMEN IAN ~~~ d ~ g~~3 F~BERTGIESLERA C1~~t';.r'f" i~'~9L~'~~~sROB~RTD.ICORRE Chairman Zoning 6 Planninc JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI n Nampa & Meridian Irrigation District's Finch Lateral courses through the south- ern portion of this project. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way. Nampa & Meridian Irrigation District's Onweiler Lateral courses through the southern portion of this project. The right-of-way of the Onweiler Lateral is 50 feet: 35 feet to the right and 15 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-]884 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. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Bill Henson, Foreman Nampa & Meridian Irrigation District /'~ ~'=; N0~ - 5 ~~~ i~~~~A p ~ vGQ.~iGCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 19 October 1993 James C.'Merkle Hubble-Engineering, Inc. 9550. Bethel`-Court Boise,` ID 83709 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Couqar Creek Subdivision Dear Mr. Merkle: Enclosed please find a-Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You .were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File ~ V Water Superintendent Vidja Laxmi Development Ray Patel -_ Meridian City Council ~~- ~-~ _ _ ,- _, _. _ _ _ _ - ~~~~~ ~ {.. ,~ .. ~ _ _, - ,__T 1 ' j y 1 ,: - _. , '~ `~~~ _ ._ _ _ ,_, __ ,___ :r 3 _:. _ ~°-j , ~-- '-• ~ - _ ~ ~-.~ APPROXIMATE IRRIGABLE ACRES - -` RIVER FIOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 + ~ ~ MERIDIAN CITY COUNCIL SEPT. 7, 1993 PAGE B Motion Carried: All Yea: ITEM #5: ORDINANCE #613: REQUEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT FOR CHAMBERLAIN E5TATE5 SUBDIVISION BY KEVIN HOWELL: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4, AND THE WEST HALF OF THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4, AND A PORTION OF THE NDRTH HALF DF THE SW 1/4 OF THE NW 1/4 OF SECTION 5, T. 3N., R. 1E.,. B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Oi^dinance #613 read in it's entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 5~--9Q-2 and all rules and pt^ovisions req~.~iring that Ordinances be read on three different days be dispensed with and that Ordinance #613 be passed and apps~oved. Roll Call Vote: Yet^rington - Yea; Gieslel^ - Yea; Corrie _ Yea; Tolsma - Yea; Motion Carried: All Yea: those. Kingsford: One thing that I would offei^ up on the following subdivisions, Summerfield, Chamberlain and Cougai^ Creek that the developers, engineers and land put^chasers are on recoT^d that the-~e is a possible problem with sui^f ace watel^ with all three of 1 TEM ~1b : ~RprlE 11614 : i~Q4,#EST F~3R XAT l ON AtwiD ZE3N~~NG TO R-8 WITH Dt_ 3 MI 1~iARY PLAT FOR CCIUBAR CI~EK SUSS I V I S I ON BY R I DDl.EMEt6ER s Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 OF SECTION 6, T. 3N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is thei^e anyone from the public who would like Ordinance #614 t^ead in it's entirety? No response. Th'e Metiarse Na=s ade by Totssa and seconded by Giesler that the ru ss ant# provisions of ~-9~2-and all rules and provisions requiring that trdinances be read on threw different days be dispensed with and that Ordinance X1614 be passed and approved. .. MERIDIAN CITY COUNCIL SEPT. 7, 1993 PAGE 9 Roll Call Vote: Yet^rington - Yea; Tolsma - Yea; Motion Carried: A11 Yea: Gieslet^ - Yea; Currie - Yea; ITEM #7: ORDINANCE #615: REG?UEST FOR ANNEXATION AND ZONING TO I-L AND C-G WITH PRELIMINARY PLAT FOR MID VALLEY BUSINESS PARK BY MARY MOON: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROF-ERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING 50UTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1 /4, SECTION 17, T. 3 N. , R. 1 E. , BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #615 read in it's entirety? No t^esponse. The Motion was made by Yerrington and seconded by Talsma that the -^ules and provisions of 50-902 and all rules and provisions t^equiring that Ordinances be read on three different days be dispensed with and that Ordinance #615 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Currie - Yea; Tolsma - Yea; Motion Carried: A]1 Yea: ITEM #8: ORDINANCE #616: REGtUEST FOR ANNEXATION AND ZONING TO R-4 WITH PRELIMINARY PLAT FOR KENTFIELD MANOR SUBDIVISION BY PERSONALITY HOMES: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF THE SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is then^e anyone from the public who wishes Ordinance #616 read in it's entirety? No response. The Motion was made by Currie and seconded by Yerrington that the rules and provisions of 50-902 and all rules and pf^ovisions ~^equiring that Ordinances be read on three different days be dispensed with and that Ordinance #616 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Currie - Yea; Tolsma - Yea; - DATE: ~S~.~Ice.v~~r ~"~I~A3 MERIDIAN CITY COI~YL AGc~lDA ITEM NUMBER~_ APPLICANT: ~-~I~ _ r REQUEST:.I~v,h~0.~-~o,r, r'i~nC~ ZBhlv~[3 ~ ~Q-g,' AGENCY COMMENTS MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -Sew Occ~-rwar,c.e ~ is\y MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: /'1 n ORDINANCE NOM 1 -~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 OF SECTION 6, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land lying in a portion of the NE 1/4 of Section 6, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Common to Sections 5 and 6 of T. 3N., R. 1 E., B.M., and Sections 31 and 32 of T. 4N., R. 1 E., B.M., said point being marked by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel and the South bank of the said canal for the following seven courses; South 85°38'09" West for a distance of 65.26 feet to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet_to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; ORDINANCE Page 1 /'~ thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot 1 of said Section 6; thence South 0°22'17" West along the West line of said Government Lot 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence continuing South 0°22'17" West for a distance of 18.37 feet to a point on the North boundary line of that parcel of land as shown on Record of Survey Number 2053 of Ada County Records; thence North 89°57'36" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet to the Northeast corner of said parcel on the section line common to said sections 5 and 6, said point also being on the centerline of North Locust Grove Road; thence North 0°24'35" East along the section line common to said Sections 5 and 6 for a distance of 28.95 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet to the REAL 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 lying in a portion of the NE 1/4 of Section 6, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Common to Sections 5 and 6 of T. 3N., R. 1 E., B.M., and Sections 31 and 32 of T. 4N., R. 1 E., B.M., said point being marked by a 1/2" iron pin at the ORDINANCE Page 2 ~ ~ centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel and the South bank of the said canal for the following seven courses; South 85°38'09" West for a distance of 65.26 feet to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot 1 of said Section 6; thence South 0°22'17" West along the West line of said Government Lot 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence continuing South 0°22'17" West for a distance of 18.37 feet to a point on the North boundary line of that parcel of land as shown on Record of Survey Number 2053 of Ada County Records; thence North 89°57'36" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet ORDINANCE Page 3 to the Northeast corner of said parcel on the section line common to said sections 5 and 6, said point also being on the centerline of North Locust Grove Road; thence North 0°24'35" East along the section line common to said Sections 5 and 6 for a distance of 28.95 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the reason for the R-8 zoning is to allow 35 single family dwelling units on the parcel and no duplexes, condominiums, or town houses, even though the property is to be zoned R-8 which allows such, which would be an approximate density of 2.90 dwelling units per acre, which would be allowed in the R-4 Residential zone; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,301.00 square feet within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. ORDINANCE Page 4 MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 32 Brown: My property is j!~st east of all of this and it's a farm and I do have a lot of irrigation water that goes somewhere and the gro!tnd there is real hard clay and it has no drainage. Kingsford: Anyone else to testify? No response. I will close the public hearing. Crookston: There has been a change in the testimony, I think it's appropriate to address it in the Findings. The Motion was made by Giesler and seconded by Talsma to have the attorney prepare new Findings of Fact and Concl!~sions of Law. Motion Carried: All Yea: ITEM 1112r PU~L~C NEARIAI6: RE5T FOR ANNEXATI€»i A!~ ZCIMING TO R-8 WITH Ct3ElCgR CREAK PRELIMINARY PLAT BY RIDI~EMOSER: Kingsford: At this time I'll open the P!iblic Hearing on that iss!~e and invite the owner or his designee to speak first. Jim Merkle, H!~bble Engineering, 9550 Hethel Crt., Hoise, was sworn by the attorney. Merkle: This application is for annexation and preliminary plat for approximately 12 acres located directly north and contig!~aus to Hunter Pointe Subdivision and sa!ith of Pheasant Pointe Subdivision which has final plat approval. Locust Grove is on the east and we're approximately 4 miles south of Ustick on the west side of Locust Grove. We're also proposing R-8 zoning for this project which is consistent with both H!~nter Pointe and Pheasant Pointe. This proposed s!ibdivision contains 35 single family residential lots on 12 acres. This calculates out to a gross density of about 2.9 lots per acre. The applicant is proposing home sizes for this project with a minimum of 1300 square feet ranging in val!~e from 590, 000 to 5120, 000.. This particular piece of ground is about 330 to 350 feet wide by a quarter mile long. To the south of us is Hunter Pointe Subdivision as I spoke, there is no stub streets allowed for on Hinter Pointe. Pheasant Pointe on the north there are no stub streets allowed on it, we're kind of between a rock and a hard place as far as trying to hook into those subdivisions. However, what we worked out with the Highway District is (pict!~re shown of overall area) you can see Pheasant Pointe at the north, yo!i can see o!~r proposed project and to the south of us is Hl~nter Pointe MER I D I Ahl CITY COUhlC I L AUGUST 17, 1993 RAGE 33 which I didn't show bt~t there's no stub streets. What the Highway District is requesting and what we've shown here on this map is that this particular street will eventually tie up to the north. This is a conceptual layout that the Highway District has approved with our ti^affic study. What we' 11 do on out^ subdivision is at the end theT^e where we're going to turn up to the north we'll provide a temporary turn around within our subdivision and eventually it will be punched through and tie up with Pheasant Pointe so that we'll have two accesses there for emergency vehicles. The streets will be built to ACRD Standards. Sewer for this pt^oject will also tie into the South Slough Sewer. We are waiting for construction of that project so this particular subdivision cannot be constructed until we do get sewer. City water will be extended up from Locust Grove and into this subdivision and eventually tie into Pheasant Pointe and Hunter Pointe. Addressed Engineer's comments and will comply. I'd be happy to answer any questions. Currie: It's lc'.0~i acr^es, 3Ci lots, density is 2.9 per acre, why are you asking for an R-8? Merkle: Lot widths. Your R-4 required D0 ft. lot widths, we're in the 70 and 75 foot range on R-8 here. We have real deep lots. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Currie: Are we going to have water problems with this one? Merkle: I'd like to say a ward about the previous project. The problems we're talking about at^e basically existing problems or problems that came about in the past. They have nothing to do with this particular application other than in the fact that in our final design we address drainage and irrigation. Our particular drainage that we'll be creating on site in that subdivision will be stored on site, it will not be deposited into that drainage area on the east side of the property that's existing. We'll pipe that to the appropriate outlet at the north and west end of the property and it possibly could solve their problem. We're not going to add any to it from that particulai^ subdivision. Those issues I think can be resolved in the final design of that subdivision. MERIDIAN C I TY COUhIC I L AUGUST 17, 1993 PAGE 34 Kingsford: My suggestion to you is that you visit with Mr. Smith, with Mike Preston. We've experienced a very similar thing in the City before and we found that break through the hard pan layer and pit in a rock drain in least in that area and remedy those problems but they had to do it lot by lot. Merkle: They are digging test i s, we know where the gt^ound Engineer is requiring on all f the bottom footing elevation seasonal ground water so that's set. I think it's a solvable through it in our final design. pits, we know where the hard pan water is right now. The City final plats that I'm aware of that is a minimum of 12" above high a requirement that you folks have problem and we .just need to work Kingsford: I agree it's solvable, I'd just like to see it solved. The Motion was ~ b-y Tol as atnd seconded by Yerr#ngton to approve the Findings of Fact"and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Nay; Tolsma - Yea; Motion Carried: All Yeas Tae Motion s:+sade by Yerrin~ton and saeondsd by 6riesler to have the attorney prepare an annexation-and zoning ordinance. Motion Carried: All Yea: ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L AND C-G PLUS MID VALLEY BUSINE5S PARK PRELIMINARY PLAT BY MARY MODN: Kingsford: At this time I'll open the Public Hearing and invite the owner or designee to speak first. Greg Johnson, 2433 Can-Ada Rd., was sworn by the attorney. Johnson: We're requesting an annexation of property. (Graphic presented) The majority of 20 acres, would be used for a recreational includes a driving range and some miniature golf yip in the northwesterly corner there's 10 ac'. aside as Mid Valley Business Park. We're asking some commercial the annexation, facility which and an R. V. park res that are set for Industrial /"~ ~ -- V ~ INTER-DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President GLENN J. RHODES, Vice President COVGARCK/DSTECH SHERRY R. HUGER, Secretary 6-tea-ems TO: ACHD Commission FROM: Development Services DATE: June 28, 1993 SUBJECT: PRELIMINARY PLAT -COUGAR CREEK SUBDIVISION _~ (Developer -Ray Pate , prn~t-iA~y ;--,----$reis~; -ID ff3705 ) (Engineer -Hubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83706) FACTS & FINDINGS: 1. Cougar Creek is a 35-lot single family residential subdivision on 12.1 acres of property located on the west side of Locust Grove Road approx- imately 1, 000-feet south of Ustick Road . There will be 1, 380-feet of new public street added to the system. The proposed street will be a straight extension of a street on the east side of Locust Grove provid- ing access to lots on both sides . This will result in the undesirable situation of having at least one-half mile of straight road interrupted by a stop sign at Locust Grove Road. This will tend to encourage speeding along a local residential street. 2. Locust Grove Road currently has 50-feet of right-of-way and is im- proved with 24-feet of pavement. The 2000 Urban Functional Street Classification Map designates Locust Grove as a minor arterial roadway, which generally requires a minimum of 66-feet of right-of-way (the District requires 90-feet of right-of-way on arterials in an urban impact area), width sufficient for 4 traffic lanes (52-foot street section) and 5-foot sidewalks, and bicycle path- ways . The ultimate right-of-way should be acquired now to minimize acquisition and construction costs in the future. In the interim, the developer will be required to construct 5-foot side- walk . 3. The ACRD Capital .Improvement Plan shows Locust Grove Road as cur- rently operating at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2010. It is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements along Lo- ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT June 28, 1993 Page 2 - CC iAR CREEK SUBDIVISION ~ cust Grove by the developer and for right-of-way dedication in addition to what exists now. A person seeking offsets must submit an applica- tion to the impact fee administrator prior to breaking ground, in accor- dance with Section 15 of ACHD Ordinance #188. 4. There is another proposed subdivision (Chamberlain Estates Subdivi- sion) directly across Locust Grove from this project that is being pro- cessed concurrently. Two different developers are involved, but they are represented by the same engineering company. It appears that the centerline alignment of the entry roads into each of these projects are in alignment . 5. Staff is concerned that Cougar Creek Drive is relatively long and straight from Locust Grove Road to the west boundary which may result in excessive vehicle speeds . Staff recommends that the street be de- signed in some manner that will discourage fast driveing and cut through traffic. 6. District staff has conferred with the developer of this project regarding the desirability of interrupting the length of the straight road . There is a good possibility of terminating it just west of the boundary of this project . No stub street was provided to the south from Pheasant Pointe (an approved preliminary plat immediately north of this project) on the preliminary plat, but the developer could be required to provide one as an additional requirement of the required traffic impact study which is now under review by the District . 7. No stub street was provided to the north boundary of Tract Subdivi- sion (south of subject parcel) in this area, therefore there is no place to go with a stub street to the south from this project unless the devel- oper of Tract Subdivision is willing to provide one when the phase adjacent to Cougar Creek is developed. 8. The public hearing for this application was held by the Meridian Plan- ning & Zoning Commission on June 8, 1993. It is scheduled bo be heard by the Meridian City Council on July 13, 1993. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet) . The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Construct 5-foot wide concrete sidewalk along Locust Grove abutting parcel adjacent to the new right-of-way line. 3. Direct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat . PRELIMINARY PLAT - CC BAR CREEK SUBDIVISION n June 28, 1993 Page 3 4. Provide proper intersection offset or alignment at Locust Grove with the proposed subdivision on the east side of Locust Grove. Coordinate with the developer across the street and with District staff. 5. Redesign the project to eliminate the long, straight street. Coordinate the redesign with District staff . STANDARD RE UIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies . 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies . 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian City and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement . Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD . 10. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property . PRELIMINARY PLAT - CC~sAR CREEK SUBDIVISION ~ June 28, 1993 Page 4 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs . 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessi- ble to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- went Services section at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: JUL 0 7 1993 ,. ., ~ ~ l!"•• •~•" Y ..... ;~ ~ .. ' ~""" - Y .., ~ ~ '~ i .. -! '' i / -- - ~~~ ~ .. ~ ~; _--_.. • ~ I •• •~ • .•t• .~ ~• - 1 __ .._ 1 N ~ t 1 ., W ~ • •. r• • ~ ''~ ~ S ...r...r.~ _ - Q ~ I JO ` f'~ 13. • • l ,, ;. ;;~.•• ~'~x•1°' ..~ •r+•.. • r •~ • .. • • ~_ ~1 /~ ~ • z ~ ~ ~ s'J'~ YYY~~, J ' ~ • ' •,• ~ .r ; . 1 _ / .:, ` ~ ~. ~ .®~ ,,,, i ~t - ~ ~ : ~ . :• =f L ___ J O ~ 11 ~1 I ' I ~ 11 11 ~~ ~ ~ I / i~ / ~ r..._ ,g , .~ 1 ' 1~ ~ 1 I 1 / ,~ I ~ M I ~ r f~ i ~ °~ i ~~ ......,.,........... ~ M • ~ • } ~~ w~ ~ 1 ~ I ; ~1 ~ • ~ ~ ~ ~ ~~ ~ ~ s ~~ ~, ~ ~ ~ ~s ~ • ~~ \~~ 1 1 ~• ~ 1 • i • i ~ ~ s i 'i ~ s ~. i ~ ~ • • ~~ i ~ •~ ~ • ` ~ ~ fig' ~ ~ • ~ ~ !~ ~~~ i ~ ~ ~i • ~ ~ ~ ~ ~ ~~ ~ ~1 E ~ ~ ~ ~ ~ ~ ~~~ ~~ i ~1 1 ~ ~ ~ o • MiR ~e 1 ~ I r ~ t ~ ~ 1i ~~ ~ ~ ,. • ~ r ~ ~ • ~ • ' ~ f I 1 ~ ~ • i ' O i 1 ~ ~ ~ 1 ~s 1 `' 1 1 \ 1 • • 1~~ 1 j 1 --~-- ~ ,,1 a~ !~~ l ~ . ~~ ~~ ~~ RE~JUEST FUR SUBLIVISION APPROVAL PRELIMINAkY PLAT AND/OR FINAL PLAT PLANNING ANU ZONING COMTfISSION TIME TABLE FOR SUBMISSION: 1. 2. 3. 9. J. 6. A request for preliminary plat approval must be in the City Clerks pocse~sion no later than tT,ree days following the regular meeting of the Plarming and Zoning Commission. The Planning and Zoning Commission will hear the request at tT,e montT,ly meeting following the month the request vac made. After a proposal enters the process it may be acted upon at subsequent mor,tT,ly meetings provided the necessary procedures ar,d documentation are received before 5:fo~o P. tS. Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Name of Annexation and Subdivision, Cougar r ,h~1;v;S;nn General Location, Government Lot 1, SE 1/4 NE 1/4, Section 6, T 3N R lE. OvnerS Of record, Vida T,axmi PP alnnm nt Address, 8589 Brookview Drive, Boise Zip 83709 Telephone (208)336-0077 Applicant, Ray Patel Address, 2526 Airport Way, Boise. 83705 Engineer, __ TamP~ C. MPrklp Firm Hubble Engineering, Inc. Address_ 9550 Bethel Court Boise . Zip 83709 Telephone (208)322-8992 Name and address to receive City billings: Name_ Applicant Address PkELIMINARY PLAT CHECKLIST: 1. 2. 3. 4. Acres 12.14 Telephone Subdivision Features Number of lots 35 B1dQ., 2 non-bldg. lots Lots per acre 2.88 Density per acre ?•88 5. Zoning Clessificationce) R-8 .. :` b. If the proposed subdivision is out£ide tt,e Meridian City Limits but vitt,in the jurisdictional mile, what is the existing zoning classification u_'r a~a r..,,r*,, 7. Does the plat border a potential green belt No b. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? Yes Explain _Perime ar landc~aQe and en ran P i 1anr1 For future parks? No Explain 11. wr,at school t s ) service the area Meridian do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City X Water Supply X Fire Department Sanitary Sewer Other Explain 13. Type o~ Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Uvellingts> Single Family. Duplexes. Multiplexes, other Single Family 15. Prapased Development features: a. Minimum square footage of lot(s), 6500 S.F. b. Minimum square footage of structure (s ) Per Ordinance c. Are garages provides for, Yes square footage 400 S.F. d. Are other coverings provided for No e. Landscaping has been provided for X Describe Perimeter and entrance island; covenants require landscaping for each lot. t2) f. Trees will be provided for R Trees will be maintained Homeowners Association g. Sprinkler systems are provided for Yes h. Are there multiple units No Type remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for No .Explain k. Value range of property SA~,000 - 515.000 1. Type of f financing f or development Standard m. Protective covenants were submitted .Date 16. Does the proposal land lock other property No Does it create Enclaves No _ STATEMENTS OF GOTIPLIANCE: ]. Streets, curbs, gutters and sidewalks are to be constructed to standards as required Dy Ada County Highway District and reridian ~rdinar,ce. Dimensions will be determined by t2:E City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance rith the City of lleridi~n Comprehensive Plan. 3. Development will cor,r,ect to City services. 9. Development will comply with City ~r~dir,ances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid £ystem. (3) ~\~\~ ENGlN~F9 N 920 yOQ~ SURVE RUBBLE ENGINEERING, INC. i" ~ 9550 Bethel Court ^ Boise, Idaho 83709 COUGAR CREEK SUBDIVISION 208/322-8992 • Fax 208/378-0329 September 16, 1993 A parcel of land lying in Government Lot 1, and the SE1/4 of the NE1/4 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner Common to Sections 5 and 6 of T.3N., R.1 E., B.M., and Sections 31 and 32 of T.4N., R.1 E., B.M., said point being marked by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in that Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel for the following eight courses: South 85°38'09" West for a distance of 45.16 feet to the REAL POINT OF BEGINNING; thence South 85°38'09" West for a distance of 20.10 feet to a 5/8" iron pin; thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; Page 1 of 2 •• ~ ~ thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet; thence South 0°30'08" East for a distance of 374.18 feet to a point on the South line of said Government Lot 1; thence South 0°22'17" West for a distance of 29.12 feet; thence North 89°38'15" East for a distance of 1318.29 feet to a 60d nail on the section line common to said Sections 5 and 6; thence North 0°24'35" East along said section line for a distance of 29.12 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet to the Northeast corner of said Warranty Deed parcel; thence South 85°38'09" West along said Warranty Deed line for a distance of 45.16 feet to the Real Point of Beginning. Containing 12.14 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. ~S~E~~ l~ Q~_Qp~VE y,, ~O ~'' ~~ e4 1~~~ `~a~~.~a JRW/TRW/bh/680.des Project No. 93064 Page 2 of 2 R • •~a s•••e ~~ ~~ ~ ~~ ~R ~! ~~ 1~ ~~ ~ ~ j EK ^~ Qf i~ ~p~p ~ ~~ ~~ ~~ ~- ^ (~ ej ~~ 1 t~ Ei ~~ s ~~ ~ ~~ ~ ~ C ~~ ~~ ~~ ~ ~ E~~ ~ ~ i ~ ~ ~ ' ~ I~;l~~~a~ ~~ .~ ~ ~ ,~ • ~~~ '~ ~l1 17i R~ 1 ^ ( s oc~ •.~ e ~ ~ ~• ~1 x _~ ~~ ~ 1~ ~-- ~~ 'i ,~ .~ 16 sacc C `~ ~ ~~ 117. ~ . o ~ ~ ,~, .. ~ ~ }~~~ omve' • m a! © ~ ~ i; s ~~ rn~ ~ 7 M[l ' R1 jf,{seC M~ i ~+ : R~ ,. ~~ S ovs+'~Q' ~' p `~ ~ ~I~ ~~~,•,~: OORY~F M N~ ~ ~ w O RQ~ 5 . '1Q~ y I ~` ,..., ~ ~ • x~ l • R1 . ~._.~ >~, © I ~ R1` X11 __~_. _ J ~ 1 \~ , . ~ ~. ,~ s ~~~ \ ~ O ~ ~~~ \~ ~ s c ~ a~~. -r~,'s~ R o-s ~ ~mhu~'r • m.v ~!' 0-~ ~7 E M ~ w,pY ~ ~~ k , N 00'14'35 E X83.31 ~~- -aAo ~oyr gar 1 ~ LOCUST GROVE T ;'1q~i T UNPLATTEp _ ~t,-Tr ~ 4 ~ ,~'. 1 1 ~'~ ~ ov>n•~ • ~'~; ~ i~ >~. ~ ~ M 9 r ® ~ ~ b~ r ~ax•~ r ~ r 69 r /~ .e~ ... ~ /~ r,j. r ~4 t ~ + __ _ M OPr,~ d ~~ ~ a k I I I ~~ _ ~~ I ~ 4 ~ ti 4 ~~ C 1 M ~~+ 4 w ~ I` 1 a '~ O ~ ~ JL ~ °~ 1 ~ m_ °• Z f= c~.J ~ o i On ~ D -1 m ~ i ~~ OZ 2 ~Di C2rrZU1"t~ .~ ~ W Z n p? ~ ~~ z = p C7 ~ • O 1 j D t'1y I~ b I , I ~ o '~ O V~ ~ ~~ ~ ~ ~ ~~ ~° ~ ~ o ~ m ~ ~~ ~~~ga~ m~ ~ ~ ~ ~ ~ ~., NN ~ ; ~ ~ ~ ~ ~~ ~ ~~ ~ ~ . ~ /~ ~ ~ `".2 ~ j~ `~lg~ ~ ~ ~II44p s\1 [ t~+Ii f~~ ~~ ~ r ~ a _ se' r V s es•3e'a' w ~.~e' ~ ` 49 1 ?' ?i:r~---- ir6 9 .~. I ~i / i I ~. ~ i.. /~.~K Tir ~ ~ ~*' / i/ / r. I ~. I ,i p~}~,L1S , "J'r P a ~ .`' '~ t~ t~ 1~ 1 - • w ~~_""' ~~ _~-=- '~~ ~ ° .. f/ ~ ~~ ~ k air 6U OWi ~_ d/ ~ ~ ~_ __ ~ • ~ `~. ~. ~~ ~i~ ~i ~~~ ~ ~ ~ j WHEEL ` INN `1 \ ,~ ;, , ~ ~ ~ f ' ~ -----~ ~ ' ~ M:niO~t i ~\~L ~ ~~ ~JL_ \• _ 1 ... ~~ ` _~_ ~• `~ _.~ . t ~ 1 ~ r' ~~ ~ ` ; ' ~ 1 i ~ ~ y .~ :: S t..(~ ~. I t i t ~ ~ ~- ~ i j Z. _-1 .ice 7j _ _ L t ~ - - - ~- i i ~= ~ ` ~ . Z' r' - ~ / 1. 1 i / i t i / i • / ~ ~ ; . ~1.~~ .. i ~ - ~. . _ ' ~ `t. .~ _ ~ -~ ~ : i :' als '_ ~ l - _ ~ ~ -.. ~, .• t ~ .ti ~'` ' . ~_ ~ ~ ~. .. ^~~~a. )O I ~ • ~ ~ ~r ~ r V ~ t ~ 1 TREASURE ~Ev Bu in+EB o' PROSE J 'v r, i--~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Meridian Planning 33 East Idaho OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 & ZOning COmmiSSlOn Boise 345-2431 Msrzdian, Idaho 83642 R~: Annexation and Zoning with Preliminary Plat °~"~t~eline Riddlemoser ENE 1/4 Section 6 T3N R1E Coi~~iQn~r~: Nampa & Meridian Irrigation District's Finch Lateral courses along the north boundary of this project. The right-of-way of the Finch Lateral is 80 .feet: 4'0 feet from the center each way. Nampa & Meridian Irrigation District's Onweiler Lateral courses along the north boundary of the project. The right-of-way of the Onweiler Lateral is 50 feet: 35 feet to the right and 15 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345- 2431, for approval before any encroachment or change of right-of- way occurs. 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. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. ~~~ ~i"11 Henson Foreman pec: District Water Su~Qrintender~t File - office File - shop ;., ~3~~ss hxv~ ~M~~r iii the resalutii7x'tyau have ~~°~~~~~~ Anoxt~ar cagy 9s s~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 ~~ne 19 9 3 /'~ ~.,~ .. UB OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNE S. FORREY, AICP, City Clerk JANICEGASS,Treasurer CITY OF MERIDIAN COUNCILMEN R A BRUCE D. STUART, Water Works Supt. OBERTGIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ROBERT D. CORRIE BILL GORDON, Police Chief Phone (208) 888-4433 Chairman Zoning & Planning JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor June 7, 1993 T0: MAYOR - COUNCIL - CANNING & ZONING FROM: GARY SMITH, P.E. , RE: COUGAR CREEK SUBDIVISION (ANNEX. - ZONE CHANGE - PRELIM. PLAT) I have reviewed this submittal and-have the following comments: 1. This property is adjacent to City limits of Tract Subd. The legal description"states "subject to road and ditch right of way..' The annexation shall_inelude these rights of way. 2. The continued processing of this proposal is subject to our analysis of our'existing water system. to provide domestic water and fire flow service. 3. It is not shown how this subdivision will connect to existing City water and sewer systems which are not adjacent to this property. 4. Block 1 and Block 2 exceed the Ordinance maximum length of 1000 feet and_if this is allowed it must be through an approved variance. 5. In an R-8 Zone all lots shall have a 65 foot street frontage, including "bulb" lots. 6. Water lines are to be located 12 feet north and east of roadway centerline. The water line size in Locust Grove Rd. shall be 12 inch diameter. 7. What is the status of on-site and immediately adjacent irrigation/drainage ditches? 8. What is the benchmark for the contours shown? 9. A turn-a-round needs to be provided at the west end of Cougar Creek Dr. 10. Sewer and water lines shall not extend beneath curbing or landscaping. ~ ~ 11. Fire hydrants are located on the same side of the street as the water line. 12. Street lights are usually located on the south and west side of the street, adjacent to electrical pull box if possible. Show a street light at the Cougar Creek Dr. intersection with Locust Grove Rd. 13. Who maintains the storm drainage system outside the public right of way? I need a letter from the responsible agency, whomever it may be. 14. Will this developer provide a pressurized irrigation system? 15. As stated in my review of Chamberlain Estates, the landscaped island will present access problems for Lot 2 - Block 2. Lot 2 - Block 1 has a chance for access from the "bulb" which wi 11 help. 16. Cougar Creek Dr. in Chamberlain Estates connects to Locust Grove Rd. at the same point as Cougar Cr. in this project. The right of way widths differ by 1o feet. Why? 17. This preliminary plat shall be resubmitted to me with all of the above items addressed. /'~ MERIDIAN PLANNING AND ZONING JUNE 8, 1993 PAGE 20 Highway Distr^ict as long as it is within the right of ways that are being dedicated far the t^oadway system. If the drainage facilities are located outside the road right of way that is being platted then there needs to be a separate agreement made between the Highway Distt^ict and the Developer for maintenance of that drainage facility. I don't believe it's the respansibility of a Homeowners Association to take care of a storm d-^ainage facility outside the right of way. Alidjani: What would be your solution regal^ding this entrance? Eng. Smith: I think a possibility would be to widen the roadway at the island such that if the pt^opet^ty owner or someone visiting him is turning left across another lane that's exiting the subdivision, at least he'd have a place to be sa athei° vehicles turning into the subdivision can get by him. I don't know what that width needs to be. Johnson: In terms of fencing there at^e other options and we can't specifically designate the type of material. Anyone else? No response. I will close the Public. Hearing. The Motion was made by Shearer and seconded by Alidjani to have the attorney pt^epat^e Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #1 c^: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-B WITH COUGAR CREEK PRELIMINARY PLAT BY PATEL: Johnson: I will now open the Public Hearing. Is there a representative present? Jim, Merkle, Hubble Engineering, 955Q1 Bethel Crt, Boise, was sworn by the attorney. Merkle: Clarified who applicant is for this project. This particular annexation and preliminar^y plat proposal is for twelve acres located directly north of and contiguous to the Tract Subdivision and south of Pheasant Pointe Subdivision. Locust Grove is on the east side and we at^e approximately a quarter mile south of Ustick. We at^e proposing R-8 coning for this project, which is consistent with the surrounding area. This proposed MERIDIAN PLANNING AND ZONING JUNE 8, 1943 PAGE 21 n subdivision contains 35 single family residential lots on twelve acres. This gives us a gt^oss density of around 2.9 lots per acre. The applicant is proposing home sizes with a minimum of 1300 square feet, ranging in value from S90 - 5120,000.00 and up. These particular lots, since we do have a long narrow piece of ground there wasn't much we could do with the layout. The property is apps^oximately 350-380 feet wide so if we run one single street down there, we get lot sizes of about 10,000 square foot and up. Access to the property is very restricted. Our main entrance will be off of Locust Grove and will line up to the proposed entry to Chamberlain Estates, which was the previous application that you heard this evening. On our westerly side the road will eventually go through the Borup property and tie into the Tract Subdivision. What we are proposing to do is provide a temporary culdesac at the end of the road. I'd be happy to answer any questions. Regarding ee~ergency secondary access on that, that would be a concet^n because of the length of the single access. (Explained sewer, water, it^rigation, comments, etc. - see tape) Johnson: Have you made a decision on the pressurized irrigation system? Merkle: The applicant has stated that he does have inter^est in it and we're going to look into that. Johnson: Thank you. Anyone else? No response. I will close the Public Hearing. The Motion was made by Rountree and seconded by Shearer to have the attorney prepare Findings of Fact and Conclusions of Law and specifically addressing the goal relating to recreation opportunity for a greenbelt in the conditions for this. Motion Carried: All Yea: ITEM #13: PUBLIC HEARING: REQUEST FOR FOTHERGILL PRELIMINARY PLAT APPROVAL BY EWING: Johnson: I will open the Public Hearing. Is there a t^epresentative present who wishes to testify? Gary Lee, JUB Engineers, 250 S. Beechwood, Boise, was sworn by the attorney. ~E~EI'ili~!) OCT 0 5 1995 CITY 01• lMttuu~rr. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 4 October 19 9 5 Phones: Area Code 208 OFFICE: Nampo 466-7861 Boise 343-1884 SHOP: Nampo 466-0663 Richard Tomlinson Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 • Re: Pressure Irrigation-Chamberlain Estates Subdivision/Cougar Creek Subdivision/Tract Subdivision No. 5 Dear Rich: Nampa & Meridian Irrigation District has completed a review of the above mentioned proposed pressurized irrigation system. For the most part, it looks like the combined system for these subdivisions will be adequate. This system does meet Nampa & Meridian Irrigation District's specifications but I have concerns that I would like addressed. In Tract Subdivision No. 5 there are two open ended lines. I do not have the block numbers but I am sure that you can use the plans as a reference. Lots 2 through 13 and lots 6 through 13 do not loop the entire system. If these lines were looped, it would make the system much more efficient. As this system is large, when the area expands to the point of the development of Chamberlain Estates No. 2, I would like to add a booster pump off of Nampa & Meridian Irrigation District's Finch Lateral. We will stay within the easement. It would be helpful if the engineers would include the piping to reach this area. This will generate a more constant pressure and better flows for the entire area. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40.000 4 October 1995 Richard Tomlinson Page 2 Nampa & Meridian Irrigation District does require a contract with all three subdivisions. I know that a signed contract has been returned to the District by the owners of Tract Subdivision No. 5 and Cougar Creek Subdivision. This contract will go before the District's Board of Directors at the meeting of 17 October 1995. At the same meeting, I would like to see Chamberlain Estates tied to this contract by an addendum. Please contact the District's attorney, Laura Burri, at 342-4591 and have her prepare-the necessary document. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri Bill Henson John Sharp Ted Clinton Ga ~ Lee/JUB Engineers ity of Meridian Trish Cooper File ~~~~~~~~ MAR 2 4 t9~5 C1TP OF MF,RIDIAN 7~a~tc,~ut Bt ~JPezid~ ~fyilgat~oct Dl~tiGt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888.6201 2 2 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOPS Nampa 466-0663 James Merkle, P.E. Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Cougar Creek, Chamberlain, and Tract Subdivisions Pressure Irrigation Dear Jim: Nampa & Meridian Irrigation District has reviewed the pump station details furnished for the above mentioned project. The pump station and pumps appear to be adequate, thus if this portion of the pressurized irrigation system is built according to the plans that were reviewed, it will be adequate to meet the District's requirements for this type of installation. Nampa & Meridian Irrigation District does require a contract between the developer or developers before the District can assume control of the operation and maintenance of these facilities. If this assumption is intended for the above mentioned project, please have your client or clients contact Daren Coon, Secretary/Treasurer of Nampa & Meridian Irrigation District, so that he can commence with the paper work that is necessary. If you feel that further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Steven Mahaffy John Sharp Bill Henson Allen Damberger Rider 3 ~}~ of Meridian Ada County Development Services APPROXIMATE IRRIGABLE ACRES File RIVER FLO~v RIGHTS - 23,000 BOISE PRO!ECT RIGHTS 40 000 ~~cE~vE~ N O V 2 1 1996 ':ITY ~~ vIERIDIAN GQx~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 19 November 1996 Rich Tom/inson Hubb/e Engineering, lnc. 9550 Bethe/ Court Boise, /D 83709 RE: Cougar Creek Subdivision Dear Rich: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampo 466-0663 Boise 345-2431 Cougar Creek Subdivision had met al/requested changes and completed a//necessary contracts to meet the specifications of the Nampa & Meridian /rrigation District. We are current/y operating and maintaining this system. Thank you for addressing a// of our concerns. /f you fee/ further discussion is required regarding this project, p/ease fee/ free to contact me. Sincere/y, John P. Anderson, Water Superintendent NAMPA & MER/D/AN /RR/GAT/ON D/STR/CT pc: Fi/e Each Director Secretary-Treasurer Asst. Secretary-Treasurer Asst. Water Superintendent Pressure /rrigation Specialist -Ted C/inson ~y of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 RECEIiIED DEC 1 2 1995 CITY OF 1KERIDIAN ~ & ~~~~ ~~g D~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 0 November 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Rich Tomlinson Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 SENT VIA U.S. MAIL AND FACSIMILE TO 378-0329 Re: Pressurized irrigation service to Cougar Creek Subdivision and Tract Subdivision No. 5 Dear Rich: Nampa & Meridian Irrigation District does have a signed contract with the developers of the above mentioned subdivisions. This contract was necessary before the District could take over the operation and maintenance of this pressurized irrigation facility. There are a couple of "house cleaning" items that we need to have completed before we can finalize this project. The developer needs to provide the District with a bill of sale and a deed to the pump site. Another requirement was discovered during the last two weeks when you and I held the on-site meeting. The area in which the pump, valve box, etc. are located needs to be completely fenced. Once the above mentioned items have been addressed, all of Nampa & Meridian Irrigation District's requirements for taking over the system will be fulfilled. If further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri John Sharp Bill Henson amity of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000